In the wake of the severe cuts to the provision of indigent defense services during sequestration in 2013, the National Association of Criminal Defense Lawyers (NACDL) created a Federal Indigent Defense Task Force to examine the federal indigent defense system. The mission included an assessment of the level of independence afforded to the Office of Defender Services and consideration of whether reforms are necessary to ensure adherence to the ABA’s Ten Principles of a Public Defense Delivery System. [Released September 2015]

Educating for Justice: Training Public Defense Providers to Elevate the Sixth Amendment

This study of the 114^th Congress revisits a 2010 joint report by the Heritage Foundation and NACDL: Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law. This new study found that Congress still regularly introduces bills with new criminal provisions that contain mens rea requirements that are not sufficiently protective. In fact, 42% of the bills analyzed had criminal intent requirements that were considered inadequate. [Released December 2021]

On May 5, 2010, NACDL and The Heritage Foundation released this groundbreaking, non-partisan report. At the release event, NACDL Executive Director Norman L. Reimer described the report as a "blueprint for principled reform" and urged "every elected official to end the madness that has produced over 4,450 federal criminal statutes, and countless tens of thousands more arising from the unchecked power of regulatory authorities." [Released May 2010]

NACDL's work on pretrial advocacy in Wisconsin highlighted by the publication of the Wisconsin Bail Manual. [Released October 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. [Released July 2018]

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]

When a person is accused of a crime, the U.S. Constitution guarantees that person the right to a lawyer even if they cannot afford one. The U.S. Supreme Court affirmed this basic principle more than a half century ago in Gideon v. Wainwright, and in subsequent cases that expanded the right to misdemeanor prosecutions. Yet this right is violated every day in South Carolina’s magistrate and municipal courts – collectively referred to as summary courts – where scores of people are convicted, sentenced, and sometimes incarcerated, without having been represented by counsel. [Released April 2016]

Exploring Moral Principles and Economic Innovations to Restore Rights and Opportunity

In August 2018, NACDL hosted its 17^th Annual State Criminal Justice Network Conference and 2^nd Annual Presidential Summit in Atlanta, Georgia. The Conference examined the destructive effect that a vast network of penalties, debarments, and disabilities following a criminal conviction has on the millions of people who have come in contact with the criminal justice system. [Released June 2019]

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]

Researchers systematically gathered data from magistrate and municipal courts in five counties. The research confirms that there is a pervasive lack of procedural justice and fairness in these courts. Far too many accused persons are not advised of basic constitutional rights, and even when they are, those rights are not respected. [Released January 2017]

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]

and Attorney Workload Standards

The Sixth Amendment's promise that every person accused of a crime is entitled to counsel is a hollow one when the attorney appointed lacks the time and resources to provide meaningful representation. In order to determine whether defenders in Rhode Island are facing a caseload crisis, NACDL, the American Bar Association Standing Committee on Legal Aid and Indigent Defendants (ABA SCLAID), and the accounting firm of BlumShapiro undertook an assessment of the Rhode Island Public Defender system ("RIPD"). [Released November 2017]

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]

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]