The NACDL Board supports legislative efforts to reform existing federal restitution law to ensure fairness and accuracy; prevent restitution obligations from being overly burdensome; and to make it easier for restitution orders to be satisfied.

NACDL urges the criminal defense bar to develop best practices for pretrial discovery. To that end, the Board authorizes the NACDL President to impanel a Rule 16.1 Task Force of practitioners and other experts to gather facts, collect data, and assess discovery procedures that have been implemented throughout the nation.

NACDL urges enactment of legislation to explicitly make all sentencing reform provisions of the First Step Act retroactive; to support commutation; and to support pro bono representation for inmates who might qualify for commutation pursuant to any systematic program announced by the Executive Branch.

NACDL opposes categorical, legislative prohibition of specific defenses.

NACDL joins bar associations, legal services providers, policymakers, and judges in calling for an immediate and complete halt to the implementation of Directive Number 11072.1.

The National Association of Criminal Defense Lawyers deems that where warranted by the jurisdictional population needs and caseload, a proper public defense delivery system should comprise institutional offices of full-time attorney staff as well as meaningful participation of private attorneys with equal access to training and resources necessary to provide effective criminal defense.

NACDL believes that private prison contracts must require the private prison, at a minimum, to meet all government regulations and requirements for the care, treatment and protections of inmates and to be fully transparent and to comply with any and all reporting requirements authorized by law.

NACDL calls for the creation of an agency to oversee federal public defense that is wholly independent of the judiciary.

NACDL endorses the Gault at 50 Campaign and supports the following principles.

NACDL  opposes all laws that base criminal liability and/or penalty enhancements on one’s HIV status rather than on the intent to harm another individual. NACDL supports the repeal of such criminal laws as fundamentally unfair and unjust. Recognizing that outright repeal can result in the abusive use of existing statutes, NACDL also supports modernization of these criminal laws to incorporate strong principles of intent and proportional punishment.

NACDL adopts recommendations to address the aforementioned flaws through reforms to the applicable securities laws and the rules governing the SEC administrative proceeding process.

NACDL adopts recommendations to reform flaws in criminal conspiracy law, and to calls for principled limits on the application of conspiracy law that recognize the inherent evidentiary, outcome reliability, and constitutional problems associated with all forms of conspiracy.

NACDL adopts a report and recommendations to address flaws through reform to the mail cover program.

NACDL endorses the proposed Trial Defense Guidelines for Representing a Child Facing a Possible Life Sentence, and recommends that in any jurisdiction which permits the imposition of life sentences upon a child, the public and private defense bar should advocate to ensure that these standards are implemented and that the jurisdictions prosecuting those cases provide adequate resources to ensure compliance with these guidelines

NACDL endorses model legislation to promote nationwide discovery reform and improve the fairness of criminal justice systems.