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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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It is not a good idea for a lawyer to ignore online information about anyone involved in a case. Social media research can provide lawyers with a truer sense of a prospective juror than the information the juror discloses on a written juror questionnaire or in open court.
Because social media has reached a point of near saturation, people now have access to what seems like endless photographs of people in their community, and many witnesses have begun to use this as a resource to conduct their own criminal investigations. Jurors should be educated about how exposure to social media images may have affected the eyewitness evidence being brought before them.
Comments to the U.S. Courts Administrative Office on the consequences of allowing public access to electronic criminal case files.
Some criminal defense attorneys use social media platforms, such as Twitter, to provide insight and commentary about the legal system. While this can be an effective approach, attorneys should consider the ethics rules before posting on social media. Professor Nicole Smith Futrell discusses the key ethical considerations, and she offers guidance to defenders on how to responsibly draw from their specialized knowledge and the experiences of their clients in order to expose systemic injustice.
While many attorneys feel comfortable using technology within the comfort of their offices, using technology to cross-examine a witness at trial may inspire fear and confusion. This need not be the case.
Technology, including mobile devices and cloud computing, makes some law office tasks easier, but easier is not synonymous with ethical. Internal procedures and individually managed protections are important for safeguarding client confidentiality. However, attorneys must always consider the Rules of Professional Conduct when implementing systems and procedures to manage client information.
Snapchat's Guide for Law Enforcement regarding the required legal processes for obtaining information for users' accounts.
NACDL Committee on Technology and Law Enforcement chair Samuel Guiberson's written statement to the House Judiciary Subcommittee on Criminal Justice Oversight and the Senate Judiciary Subcommittee on Crime regarding the future of internet technologies and related security risks.
Letter to House leadership regarding Allow States and Victims to Fight Online Sex Trafficking Act of 2017 H.R. 1865 (115th Congress).