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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 legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal 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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With an increasing number of police departments across the country turning to unregulated, untested, and flawed facial recognition technology to identify suspects, it is vital defenders understand the technology, its limitations, and how to challenge its use in their cases.
Brief of the National Association of Criminal Defense Lawyers and the Electronic Frontier Foundation as Amici Curiae in Support of Defendant’s Petition for Review
Predictive policing encompasses the surveillance technologies, tools, and methods employed to visualize crime, target “at-risk” individuals and groups, map physical locations, track digital communications, and collect data on individuals and communities.
With protections in place, body cameras have the potential to better document encounters between police officers and citizens while mitigating competing concerns about their potential for misuse or abuse.
Nearly every case involves a cell phone or an online account. Laws on device and account searches are continuing to evolve, as courts reconsider old doctrines that do not fit with the realities of the digital age. Below, find sample motions on suppressing emails, passcodes, and other electronically stored information.
Below are NACDL's comments on Executive Order 14074 on Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety. The policing technologies at issue in the Executive Order create serious harms for individual criminal defendants, their lawyers, and the criminal legal system more broadly. In this comment, NACDL aims to highlight the serious dangers that these technologies pose and propose recommendations for mitigating those dangers.
In the post-Dobbs landscape, states are criminalizing reproductive health in a variety of ways. Law enforcement will likely reach for digital surveillance tools in these cases and defenders will need to know how to counter that evidence. NACDL's Criminalization of Reproductive Health Taskforce and 4th Amendment Center researched categories of pregnancy criminalization, connected them to types of surveillance that law enforcement might use, and connected those to resources. Some tools show up several times on this page, which speaks to the omnipresence of these types of surveillance.
22nd Annual State Criminal Justice Network Conference August 16-17, 2023 | Held Virtually
Law enforcement has increasingly turned to Google to identify criminal suspects by using digital dragnets that search millions or billions of people at once.
NACDL adopts a report and recommendations on law enforcement searches of digital evidence.
The Board of Directors adopted model legislation to protect individual privacy against unwanted governmental intrusion through the use of drones
White collar lawyers must weigh various considerations in determining how to obtain mobile phone data or limit the government’s access to data. When can the government compel a client to provide the passcode to a mobile device? What is the significance of whether an executive’s mobile phone is owned by the executive or the corporation? This article provides tips about obtaining, protecting, preserving, and reviewing data on mobile phones.
Healthcare privacy resources relating to the defense of pregnancy-related charges provided by NACDL for 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.
United States v. Shires, Karlosky, and Bond 1:19-cr-10043