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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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A new development in New Mexico courts in the matter of In re Grand Jury Presentation Concerning James Bort Jones resulting in a pre-indictment mechanism enabling investigation targets to alert grand jury to exculpatory evidence.
With its opinion In re Grand Jury Presentation Concerning James Bort Jones (N.M. 2009), New Mexico joins a minority of states – Colorado, Maine, North Carolina, New York, Tennessee, and Illinois – that have explicit pre-indictment mechanisms. The court noted the importance of pre-indictment procedures given the irrevocable consequences that an indictment can have on a target’s career and reputation.
NACDL sued the Justice Department seeking disclosure of its Federal Criminal Discovery Blue Book. This publication reportedly covers the law, policy, and practice of prosecutors’ disclosure obligations. The U.S. Court of Appeals upheld the lower court’s decision that the publication is protected work product. Included here are key pleadings filed in the National Association of Criminal Defense Lawyers' (NACDL) Freedom of Information Act (FOIA) lawsuit seeking the Department of Justice's Federal Criminal Discovery Blue Book.
NACDL is dedicated to securing meaningful, systematic reform and to preventing the insidious harm caused when a prosecutor carelessly, or purposefully, fails in his or her duties to us all. Prosecutorial overreaching and misconduct distort the truth-finding process and taint the credibility of the criminal justice system, including the outcomes they generate. When prosecutors’ fundamental obligations are ignored and individuals’ rights are violated in order to secure a conviction, little can be done to rectify the wrongs inflicted upon the individuals involved and on the system itself.
Fifty years ago in Brady v. Maryland, the U.S. Supreme Court held that the failure to disclose favorable information to a defendant in a criminal prosecution violates the constitution when that information is material to guilt or punishment. This common law standard, often referred to as the Brady rule, has created confusion about what information must be disclosed, when it must be disclosed, and what remedies exist when favorable information is not disclosed.
Links to significant reports and academic articles on discovery practices and reform proposals
Collects discovery reform proposals and model laws from various organizations
The Due Process Protections Act of 2020 amends the Federal Rule of Criminal Procedure to require federal district judges to enter an order in each case confirming prosecutors' obligation to disclose evidence exculpatory to the defense under Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, and setting forth consequences for failing to do so. In response to this new law, NACDL's Discovery Reform Task Force drafted and promulgated a Model Standing Discovery Order Pursuant to the Due Process Protections Act.
Many recent cases have exposed the fact that federal prosecutors, whether through negligence or by design, all too often fail to abide by their constitutional duty to disclose information favorable to the defendant. To help ensure fairness in federal criminal proceedings, the Board of Directors of NACDL has endorsed model legislation drafted by NACDL's Discovery Reform Task Force that would require the government to disclose all information favorable to the accused in relation to any issue to be determined in a federal criminal case. [Released May 2011]
The integrity of the criminal justice system relies on the guarantees made to the actors operating within it. For the accused, the guarantee of fair process includes not only the right to put on a defense, but to put on a complete defense. The U.S. Supreme Court recognized the importance of this guarantee over 50 years ago, in Brady v. Maryland, when it declared that failure to disclose favorable information violates the constitution when that information is material. This guarantee, however, is frequently unmet. [Released November 2014]
NACDL created The Commission to Reform the Federal Grand Jury, drawing on the expertise of a variety of professionals throughout the criminal justice system. Commissioners spent two years examining the need for changes in the grand jury process and produced a Federal Grand Jury Bill of Rights based on their findings. The ten reforms set forth in this Bill of Rights, largely echoing those proposed by the American Bar Association (ABA) more than 20 years ago, would restore balance to the grand jury process and better protect against unwarranted prosecutions. [Released May 2000]
Virginia Discovery Reform
Virginia Fair Trial Coalition support agreement
Two-page summary of the need for criminal discovery reform in Virginia and the legislative proposal
Key points in support of Virginia criminal discovery reform legislation