The Board of Directors adopted a statement of principles regarding the overcriminalization of public health order violations related to the COVID-19 pandemic.

NACDL  opposes all laws that base criminal liability and/or penalty enhancements on one’s HIV status rather than on the intent to harm another individual. NACDL supports the repeal of such criminal laws as fundamentally unfair and unjust. Recognizing that outright repeal can result in the abusive use of existing statutes, NACDL also supports modernization of these criminal laws to incorporate strong principles of intent and proportional punishment.

NACDL urges the criminal defense bar to develop best practices for pretrial discovery. To that end, the Board authorizes the NACDL President to impanel a Rule 16.1 Task Force of practitioners and other experts to gather facts, collect data, and assess discovery procedures that have been implemented throughout the nation.

NACDL urges enactment of legislation to explicitly make all sentencing reform provisions of the First Step Act retroactive; to support commutation; and to support pro bono representation for inmates who might qualify for commutation pursuant to any systematic program announced by the Executive Branch.

NACDL adopts recommendations to reform flaws in criminal conspiracy law, and to calls for principled limits on the application of conspiracy law that recognize the inherent evidentiary, outcome reliability, and constitutional problems associated with all forms of conspiracy.

NACDL opposes categorical, legislative prohibition of specific defenses.

NACDL urges all states and U.S. territories to adopt such constitutional provisions, laws or regulations necessary to guarantee that every accused person, irrespective of financial capacity to engage counsel, shall be guaranteed counsel at the first appearance before a judicial officer at which liberty is at stake or at which a plea of guilty to any criminal charge may be entered. ............

NACDL endorses Proposition 34 as a more effective, just, and cost-efficient method of preventing, solving, and punishing crime.

NACDL calls upon the federal government to conduct a comprehensive review of cases in which potentially flawed forensic evidence was utilized, including but not limited to those in which microscopic or visual hair comparison evidence was admitted, and to make immediate and full disclosure of the use of such evidence to the prosecution, defendant, and defense counsel in each case, ........

National Association of Criminal Defense Lawyers adopted Ethics Opinion 12-02

NACDL issues resolutions, reports, and other statements and positions as part of its efforts to advance criminal justice reform.

NACDL supports federal and state legislation to ensure defense access to CODIS for purposes of preparing a defense or petitioning for post-conviction relief or executive clemency; and ...........

the extent that such searches are permitted,  the federal government or states should enact legislation authorizing the use familial searches only if such searching, at a minimum, adheres to the following requirements: ..........

The Board of Directors adopts the model legislation

NACDL endorses model legislation to promote nationwide discovery reform and improve the fairness of criminal justice systems.