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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal justice system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal justice system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal justice system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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Find training materials and resources to assist attorneys in providing high quality representation as part of the Texas Counsel At First Appearance (CAFA) Project.
Presented by Bonnie Hoffman, Director of Public Defense Reform and Training, NACDL
Supported by a grant awarded by Arnold Ventures to the Access to Justice Lab at Harvard Law School and the Public Policy Research Institute at Texas A&M University
The use of risk assessment instruments (RAIs) in the pretrial context is the subject of ongoing debate. Often seen as a way to address flaws in the current pretrial system including excessive reliance on money bail and the disproportionate impact on people of color, concerns exist that these instruments may actually exacerbate and amplify existing disparities in pretrial decision making.
Despite assurances that “[i]n our society liberty is the norm, and detention prior to trial . . . the carefully limited exception,” over 75% of those detained in local jails have not been convicted of a crime. Two-thirds of state pretrial populations are held for non-violent offenses, and the racial disparities which plague the criminal legal system are especially pronounced in pretrial decisions. With pretrial decisions having substantial, long-term case impacts, the uses and abuses of pretrial detention erode the presumption of innocence and destroy any sense of justice.
Review Texas pretrial statutes, case law, and practices, and gain new insights and practice points, in order to best advocate for your client. [Released May 2020]
Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Plaintiff
Argument: Texas Governor Greg Abbot’s Executive Order GA-13 of March 29, 2020 seeks to order that Texas judges may not release persons to personal bonds where the person has previously been convicted of a crime that involves physical violence or the threat of physical violence or of a person currently arrested for such a crime; that is supported by probable cause. Leaving aside the vague terms of this executive order, it encroaches on the function of the courts to determine whether persons should be released on personal bond, whether they should be released on electronic monitoring, or should be released on a cash or surety bond with conditions. It does not prohibit release of this same class of described persons on cash or surety bail. Therefore, it appears to place restrictions for release on the poor over those for those of greater means without any rational relationship to a distinguishing important governmental purpose. Thus, those previously convicted of the defined crimes or currently charged with those crimes can obtain release; while those without the economic means to post a cash or surety bail cannot obtain release. Under the circumstances presented by the COVID 19 pandemic and the Texas Criminal justice system, GA 13 violates the separation of powers, interferes with judicial independence, violates equal protection and due process of law, and constitutes cruel and unusual punishment for those who cannot afford cash or surety bail who otherwise qualify for release on personal bond.
NACDL's work on pretrial advocacy in Wisconsin highlighted by the publication of the Wisconsin Bail Manual. [Released October 2018]
NACDL's work on pretrial advocacy in Harris County, Texas highlighted by the publication of the Harris County Bail Manual. [Released December 2018]
NACDL's work on pretrial advocacy in New Jersey highlighted by the publication of the New Jersey Bail Manual. [Released December 2016]
NACDL's work on pretrial advocacy in Colorado induding the publication of the Colorado Bail Manual. [Released September 2015]
Presented by Jani Maselli Wood, Appellate Division Chief, Harris County (TX) Public Defender's Office; Sarah V. Wood, Assistant Public Defender, Appellate Division, Harris County (TX) Public Defender's Office; and Jennifer Gaut, criminal defense attorney, Houston, TX
Harris County Pretrial Representation Training
Presented by Jennifer Gaut, criminal defense attorney, Houston, TX
Harris County Pretrial Advocacy Training
Presented by Sarah V. Wood, Assistant Public Defender, Appellate Division, Harris County (TX) Public Defender's Office
Presented by Jani Maselli Wood, Appellate Division Chief, Harris County (TX) Public Defender's Office
