Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
Take a stand for a fair, rational, and humane criminal legal system
Contact members of congress, sign petitions, and more
Help us continue our fight by donating to NFCJ
Help shape the future of the association
Join the dedicated and passionate team at NACDL
Increase brand exposure while building trust and credibility
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.
Showing 1 - 1 of 1 results
National Association of Criminal Defense Lawyers Amicus Curiae Brief in Support of Appellant.
Argument: The court should interpret Nevada law to avoid any conflict with constitutional principles. Fundamental principles of federalism and due process preclude the extraterritorial application of Nevada law to out-of-state conduct at issue here – the unilateral recording of a telephone call where the call is placed in a jurisdiction where that is permitted. The federal structure of the United States precludes state regulation and criminalization of lawful conduct in other states. Due Process precludes any state from criminalizing conduct that occurs out-of-state and is legal where is occurs. Modern telecommunication technology and practices exacerbate the due process violation. The Commerce Clause precludes extraterritorial regulation of the use of an instrumentality of interstate commerce. Buckles proposes a facially unconstitutional direct regulation of interstate commerce. The threat of inconsistent regulation would further invalidate extraterritorial application of Nevada's standards to Ditech's conduct. Using interstate telecommunications networks to project state-law authority into other states would turn settled notions of the federal-state allocation of power upside down. Congress has occupied the field of privacy regulation of interstate telecommunications. Any extraterritorial extension of NRS 200.620 should be prospective only.