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]

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

The integrity of the criminal justice system relies on the guarantees made to the actors operating within it. For the accused, the guarantee of fair process includes not only the right to put on a defense, but to put on a complete defense. The U.S. Supreme Court recognized the importance of this guarantee over 50 years ago, in Brady v. Maryland, when it declared that failure to disclose favorable information violates the constitution when that information is material. This guarantee, however, is frequently unmet. [Released November 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]

NACDL's numerous studies, reports, and recommendations are described and linked to from this page. From body cameras to discovery reform, and from public defense to electronic surveillance, NACDL's groundbreaking research and reform proposals can be found here.

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]

(Pre-Search Instructions and Post-Search Reasonableness)

A Report by NACDL’s Fourth Amendment Advocacy Committee Reporter, Steven R. Morrison [Released July 2014]

Nearly a half million people, or approximately three percent of Florida's adults, pass through the state's misdemeanor courts each year. Most are found guilty. The average court appearance lasts as little as three minutes. [Released July 2011]

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]

The Fourth Amendment has entered the digital age. New surveillance technologies and programs — from GPS tracking devices to automated license plate readers to bulk data collection — have upended traditional law enforcement practices and created new challenges for defense lawyers. This report offers an overview of this symposium and the substantive areas of concern related to new technological and legal changes that impact Fourth Amendment protections in criminal cases. [Released June 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]

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]

NACDL's work on pretrial advocacy in Harris County, Texas highlighted by the publication of the Harris County Bail Manual.  [Released December 2018]

Over the past several years, the government has increasingly turned to hacking and malware as an investigative technique. The Federal Bureau of Investigation has begun deploying software designed to infiltrate and control, disable, or surveil a computer's use and activity. The ACLU created a guide, to which NACDL and EFF contributed, that sets out key legal arguments and strategies for challenging evidence seized by government-installed computer malware. [Released March 2017]