This Report outlines current legal statutes that criminalize abortion and the impact overturning Roe v. Wade would have on laws to prosecute and incarcerate those providing, receiving, or assisting with abortions. It details the risk that, without protections provided by Roe v. Wade, many states can and will continue to pass laws that further inflame the national crisis of overcriminalization and mass incarceration. [Released August 2021]

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. [Released July 2018]

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]

The S Visa is a special program designed to allow law enforcement to provide legal status to remain in the U.S. to non-citizens cooperating with investigations and prosecutions, in exchange for that cooperation. This report and its recommendations shine the light on the failure of government to properly administer the S Visa Program. Currently, eligible individuals who might provide information and cooperation are discouraged, and their attorneys find themselves unable to assure clients of the government’s ability to timely follow through on the exchange. [Released June 2021]

In response to a series of high-profile police killings of unarmed people of color, law enforcement agencies across the country began adopting body cameras as a solution to requests for more transparency and accountability. In order to study the impact of body cameras on the rights of the accused, the National Association of Criminal Defense Lawyers established a Body Camera Task Force comprised of defense attorneys from across the country. [Released March 2017]

On December 10, 2020, NACDL released its model “Second Look” sentencing legislation and accompanying report – Second Look = Second Chance: Turning the Tide Through NACDL’s Model “Second Look” Legislation. The NACDL model legislation provides a vehicle that legislatures can use to safely reduce the number of individuals serving excessive, counter-productive sentences: guaranteeing all incarcerated individuals a “Second Look” once they have spent at least a decade in prison. [Released December 2020; Revised Edition Released June 2021]

How Data-Driven Policing Technologies Entrench Historic Racism and 'Tech-Wash' Bias in the Criminal Legal System

This NACDL Predicative Policing Task Force Report (1) calls attention to the rapid development and deployment of data-driven policing; (2) situates data-driven policing within the racialized historical context of policing and the criminal legal system; (3) makes actionable recommendations that respond to the reality, enormity, and impact of data-driven policing; and (4) suggests strategies for defense lawyers in places where data-driven policing technology is employed.

On May 26, 2016, NACDL co-hosted a free law and policy symposium with the U.S. Chamber of Commerce’s Institute for Legal Reform entitled The Enforcement Maze: Over-Criminalizing American Enterprise. The day-long symposium featured key leaders from industry, academy, law and policy across the political spectrum. [Released August 2018]

A Roadmap to Restore Rights and Status After Arrest or Conviction

Between 2012 and 2014, NACDL’s Task Force on Restoration of Rights and Status After Conviction embarked on a study of relief mechanisms available to those with a conviction on their record on the local, state and federal level. At an event at the Open Society Foundations in Washington, DC, NACDL released a major new report that comprehensively explored the stigma and policies relegating tens of millions of people in America to second-class status because of an arrest or conviction. [Released May 2014]

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]

The NACDL Task Force on Risk Assessment Tools commissioned Dr. Melissa Hamilton to produce a comprehensive analysis of how risk assessment tools are developed and applied. This report is a significant contribution to the body of scholarship and resources concerning risk assessment tools. It is an in-depth and accessible resource for practitioners, policymakers, advocates, and indeed all system actors in the nation’s criminal legal apparatus. It is designed to provide the information and guidance necessary to properly assess various risk assessment tools. [Released November 2020]

Why the Federal Bureau of Prisons Must Stop Monitoring Confidential Legal Emails

This report by NACDL and the Samuelson Clinic makes the case for Congress to act immediately to protect the attorney-client privilege in emails sent between attorneys' offices and people in BOP custody. It also calls for the BOP to stop its practice of requiring incarcerated clients to “voluntarily” agree that their email will be monitored and that attorney-client privilege will not apply to legal emails, just as the government is required to in other contexts. [Released December 2020]

NACDL: Jury Trials Not Safe Until COVID-19 Pandemic Under Control [Released June 2020]

Federal laws protecting individual privacy rights in electronic communications have not been meaningfully updated in over 25 years, even though many of today’s technologies were not even conceived of when Congress considered the legislation and when the Supreme Court created the “Third Party Doctrine.” This white paper discusses the current status of the law and concludes with recommendations for reform. [Released February 2012]