See the various issues on which NACDL has conducted criminal justice advocacy in New York. To see active criminal justice legislation in New York that NACDL is tracking, click the button at the bottom of the page. 

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

The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system. [NYSCADL & NACDL] [Released March 2021]

Attorney-client communications federal caselaw and state-specific anecdotal data in New York

NACDL issued a groundbreaking new report on restoring and reforming the grand jury system. This research reflects an in-depth study of grand jury reform in two states – New York and Colorado – and produces with four reform recommendations. [Released November 2011]

Coalition letter to New York City Police Department Inspector General Philip Eure regarding an audit of the Criminal Group Database to eliminate incorrect, overbroad, and racist data and the consequences of being wrongly included in such a list.

Summary of recent discovery reforms adopted by states

Joint letter from local defender organizations to New York Governor Andrew Cuomo regarding plans to reduce state prison populations, offering guidance and assistance in this effort.

US District Court Eastern District of New York: United States of America v. Lawrence;
Transcript
Expert Report and Affidavit
Judgement, Memo, and Order

Memorandum of Law in Support of Defendant's Pretrial Motions:

This memorandum is submitted in support of the defendant’s pretrial motions for dismissal and discovery, the latter specifically in connection with the question of the vindictive nature of the prosecution. The defense is specifically asking the Court to withhold determination of the “vindictive prosecution” claim until the defendant has been provided with discovery and a hearing with respect to any contested issues related to the vindictiveness claim.

2016 letter from numerous organizations, includng NACDL, supporting legislation to provide additional funding for New York's public defense system.

US District Court Eastern District of New York: United States of America v. Reback, De Martino, Arena, and Carini

Transcript

US District Court Southern District of New York: Amnesty USA v. Clapper

Mwmo in Support of Motion for Summary Judgement 

US District Court Southern District of New York: American Civil Liberties Union v. Clapper