NACDL's 19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually
Marsy's Law 

In Part II of the discussion on Race and Collateral Consequences, we explore how the use of “moral character” clauses, like those used in state bar licensing, can prevent individuals with convictions from participating in the legal profession. We also discuss a range of restrictions to entrepreneurial ventures that people with criminal convictions face that range from limiting a person’s ability to access capital through loans to barring participation in the legal, regulated cannabis industry.

In celebration of Second Chance Month in April, NACDL hosts the first of two discussions on race and collateral consequences. Panelists discuss the long-term impacts of criminal convictions, the specific harm that collateral consequences have caused to communities of color, and what it will take to meaningfully change this system.

Public defense issues and developments in Florida

Nearly a half million people, or approximately three percent of Florida's adults, pass through the state's misdemeanor courts each year. Most are found guilty. The average court appearance lasts as little as three minutes. [Released July 2011]

NACDL is providing resources regarding the Criminalization of Pregnancy and Reproductive Health to the criminal defense community. Resources are provided without warranty or guarantee. Please consult the laws and rules of your state and local authorities. Please log in to access them. Membership is NOT required.

Florida’s Supreme Court invalidated the state’s pre-Roe bans on abortion in 1972 after determining that the laws violated both the federal and state constitutions. State v. Barquet, 262 So.2d 431 (Fla. 1972) (repealing Fla Stat. §§ 782.10, 797.01).

See the various issues on which NACDL has conducted criminal justice advocacy in Florida. Scroll to the bottom of the page to see active legislation in Florida that NACDL is tracking.

NACDL advocated for the passage of legislation to restrict the public dissemination of arrest booking photos.

NACDL opposed Marsy's Law, a sweeping victims' rights constitutional amendment, in Florida. 

NACDL hosted a National Advocacy Call on Developing Legislation on Wednesday, April 12, 2017 focused on how state advocates can help stave off the aggressive proponents of Marsy's Law legislation. 

Policies and rulings on lengthy imprisonment terms in Florida.

Coalition letter to Florida Governor Rick Scott regarding a proposal to allow people to request that oublicly published media remove arrest booking photos to allow for easier access to employment and other opportunities (SB 118, 2017).

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.

Information on the policy and history of recording custodial interrogations in Florida.