Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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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.
Showing 1 - 15 of 33 results
A conspiracy is often easier for the government to prove than the underlying substantive offenses. The upcoming wire fraud trial of Elizabeth Holmes, who founded the Theranos company, provides an example of the prosecution’s advantages in conspiracy law. How can the defense fight back?
At its spring 2015 meeting in Las Vegas, NACDL’s Board of Directors unanimously approved a resolution on criminal conspiracy law reform. The resolution is guided by a position paper drafted by NACDL’s Conspiracy Reform Subcommittee and adopts the recommendations therein. [Released April 2015]
Motion to Dismiss Indictment & Motion to Strike Surplusage from Indictment filed in the U.S. District Court of Massachusetts (MS-13 & RICO)
Comparative table on sentencing for fraud cases and guidelines comparison for 2005 to 2009.
Most criminal defense attorneys and criminal law scholars have never heard of the strictissimi juris doctrine. Steven Morrison addresses that knowledge gap and offers instructions for defending clients who are engaged in First Amendment-protected conduct and are charged with conspiracy. He provides a brief history of strictissimi juris, presents concrete potential uses of the doctrine, and discusses the contents of the motion defense attorneys should file when arguing that the doctrine applies.
The U.S. Supreme Court held in Pinkerton v. United States that a conspirator is criminally liable for the foreseeable substantive crimes of his co-conspirators in furtherance of the conspiracy, even if the conspirator himself played no part in the substantive offense and did not intend that it occur. Find case-based tools on conspiracy here.
President Lisa Wayne's letter to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding proposed changes to the criminal code that would affect which and how crimes are punished, as addressed in the Criminal Code Modernization and Simplification Act of 2011 (H.R. 1823).
Materials for arguing against government informant and ex parte discussions regarding the conspiracy and closing off discovery regarding the informant's statements regarding the alleged conspiracy.
Copenhaver et. al Indictment - conspiracy to commit mail fraud.
Motion for the production of testimony put before the grand jury in support of the charges of drug distribution, or conspiracy to distribute drugs with the intent to commit rape. This testimony is sought to “avoid a possible injustice”: Nunez’s status as the subject of a prosecution that is not supported by any evidence.
Board Member Tim O'Toole's testimony to the Senate Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security, regarding combating corruption post-Skilling.
Coalition letter to the House Judiciary Committee Subcommittee on Crime, Terrorism and Homeland Security leadership regarding the Gang Deterrence and Community Protection Act of 2005 (H.R. 1279).
Letter to members of Congress working on legislation addressing corporate responsibility regarding creating a new general attempt crime.
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA: USA v. Licciardi & Nunez
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION: USA v. Alvarez et al.
