Written Statement of Norman L. Reimer, Executive Director National Association of Criminal Defense Lawyers Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Mens Rea: The Need for a Meaningful Intent Requirement in Federal Criminal Law”

Coalition letter to the House Judiciary Committee regarding legislation to address the judicial discretion that allows for factoring into sentencing conduct acquitted by a jury, as proposed in Prohibiting Punishment of Acquitted Conduct Act of 2021 (H.R. 1621).

Behind Closed Doors Thomas K. Maher, Christopher Fialko August/September 2000 53 The Fifth Amendment Is Alive and Well In United States v. Dickerson, 166 F.3d 667 (4th Cir. 1999), a divided panel of the Fourth Circuit held that 18 U.S.C. § 3501 effectively overruled the Supreme Court's decision i

U.S. District Court Judge Emmet G. Sullivan’s letter to the Judicial Conference Advisory Committee on the Rules of Criminal Procedure, regarding federal disclosure obligations and suggesting an amendment to the Federal Rules of Criminal Procedure.

NACDL President Chris Adams' comments to Education Secretary Miguel Cardona regarding the Office for Civil Rights' review of amendments made in 2020 to regulations guiding TItle IX investigations and proceedings.

NACDL President Drew Findling's letter to Education Secretary Betsy DeVos regarding proposed regulations for campus hearings pursuant to Title IX funding, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance Docket No. ED-2018-OCR-0064.

Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed amendments to Rule 12 of the Federal Rules of Criminal Procedure.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to procedures in the Foreign Intelligence Surveillance Court.

NACDL President Lisa Wayne's comments to the Department of Justice Office of Legal Policy regarding a proposed rule that would allow states to limit federal review of capital post-conviction cases.

NACDL President Jim Lavine's comments to the Department of Justice Office of Legal Policy regarding a proposed rule that would allow states to limit federal review of capital post-conviction cases.

Coalition letter to Governor Greg Abbott, of Texas, regarding his executive order (GA-13) refusing to allow release of inmates from state detention facilities during the COVID-19 pandemic.

NACDL President Nina J. Ginsberg's written statement to the Washington, D.C. City Council Judiciary and Public Safety Committee regarding proposed legislation to prohibit "panic" defenses in criminal cases.

Asset Forfeiture Abuse Task Force co-chair E.E. (Bo) Edwards's testimony to the House Judiciary Committee regarding the Civil Asset Forfeiture Reform Act (H.R. 1916, 1995) and federal asset forfeiture programs.

Asset Forfeiture Abuse Task Force co-chairs E.E. (Bo) Edwards, David B. Smith, and Richard Troberman's written statement to the House Judiciary Committee regarding the Civil Asset Forfeiture Reform Act (H.R. 1916, 1995) and federal asset forfeiture programs.

Brief of Amici CuriaeAmerican Civil Liberties Union, Electronic Frontier Foundation, and National Association of Criminal Defense Lawyers.

Argument: Compelling a criminal suspect to disclose a passcode is testimony privileged by the Fifth Amendment. The Fifth Amendment prohibits compelled disclosure of the contents of a suspect’s mind. Compelled disclosure of the passcode is testimonial. The Fifth District properly declined to apply the foregone-conclusion rationale in this case. The Foregone-conclusion analysis applies only to the production of specified, preexisting business records. Even if the foregone-conclusion rationale could apply in this context, the state must describe with reasonable particularity the incriminating files it seeks. Law enforcement has alternative methods of accessing encrypted devices.