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]

The heart of the American system of justice is the adversarial process. It is the means by which truth is pursued, justice is done, the individual is protected from government overreach, and community values are expressed.

The "Free Flow of lnformation Act" (S. 448; H.R. 985) … was reintroduced in the 111th Congress. Soon after this legislation was introduced in the 110th Congress (S. 2035; H.R. 2102), NACDL formed its Reporters' Shield Legislation Task Force to study the proposed law and ascertain the potential implications for the integrity and fairness of our criminal justice system. I write ... to explain our specific concerns with the language of the most recent versions and to articulate our view that any legislation of this nature not be used to undermine the criminal justice process.

to the Confrontation Clause

Was New York’s “opening the door” policy a valid exception to defendants’ Sixth Amendment Confrontation Clause rights? The Supreme Court slammed the “open door” exception shut.

As the criminal legal system explores ways to resume court proceedings, stakeholders must balance public health concerns with efforts to uphold core constitutional rights. Moderated by Professor Andrea Roth (UC Berkeley Law), panelists Sherry Boston (District Attorney, DeKalb County, GA), Martín Sabelli (Law Offices of Martín Sabelli, San Francisco, CA) and Circuit Court Judge Annie O’Connell (Louisville, KY) discuss the legal and practical definitions of what it means to confront a witness, hold a public trial, and ensure an accused receives the effective assistance of counsel.

Letter to the Judicial Conference Standing Committee on Rules of Practice & Procedure regarding proposed rule changes to the Federal Rules of Criminal Procedure and Federal Rules of Appellate Procedure.

NACDL's statement to the House Judiciary Subcommittee on Crime, Terrorism, Homeland Security, and Investigations regarding the need for reliable, accredited, transparent forensic science to ensure proper due process in criminal cases.

Brief Of Amicus Curiae National Association Of Criminal Defense Lawyers in Support of Petition for Writ of Certiorari.

Argument: Broad forfeiture rules chill vital defense arguments. Broad forfeiture rules force defendants into a Hobson’s choice between constitutional rights. Broad forfeiture rules undermine the institution of the criminal trial. NACDL submits this brief in support of the petition for certiorari because the issue presented in this case—whether a criminal defendant who “opens the door” to responsive evidence also forfeits the right to exclude evidence otherwise barred by the Confrontation Clause—is of paramount importance to criminal defense attorneys throughout the country and the clients they represent. 

The Sixth Amendment guarantee to a speedy trial is a cornerstone of the American criminal legal system. Its broad cloak serves to protect the interests of the accused, witnesses, the government and the community in ensuring meaningful and timely resolution to criminal charges. 

The Sixth Amendment guarantee to a speedy trial is a cornerstone of the American criminal legal system. Its broad cloak serves to protect the interests of the accused, witnesses, the government and the community in ensuring meaningful and timely resolution to criminal charges. Today, as judges, prosecutors, and defendants begin to navigate the aftermath of long periods of court closures and the resulting backlog of cases, stakeholders face new questions and challenges in meeting obligations to community health and safety while also protecting core constitutional rights.

From Nontestifying Forensic Experts In White Collar Prosecutions

In white and blue collar cases, prosecutors sometimes seek to admit evidence from nontestifying forensic experts through surrogate witnesses and documents in order to prevent defense attorneys from cross-examining the experts. The authors provide practical suggestions on how white collar practitioners may rely on the reinvigorated Confrontation Clause to preclude the admission of forensic evidence of nontestifying witnesses at trial.

Sen. Dale Bumpers (D-AR) introduced the Grand Jury Due Process Act (S. 2030) in May 1998. This legislation would have provided a right to assistance of counsel in the grand jury room. In July 1998, Bumpers introduced a more comprehensive reform bill called the Grand Jury Reform Act (S. 2289). In addition to providing a right to counsel's presence, this legislation would have required that grand jurors receive basic legal instructions, that prosecutors present any substantial evidence of innocence, and that defendants receive transcripts of certain grand jury testimony against them.

"Help! I've Been Subpoenaed! What Do I Do?" By Earle F. Kyle IV and Gerald B. Lefcourt, ACCA Docket October 2002

President Lisa Wayne's written statement to the Senate Commerce, Science, and Transportation Committee regarding advancing the science and use of forensics in criminal cases and investigations.

Materials for arguing against government informant and ex parte discussions regarding the conspiracy and closing off discovery regarding the informant's statements regarding the alleged conspiracy.