NACDL is fully committed to stemming and reversing the tide of overcriminalization. This page contains information and materials on the efforts of NACDL and its allies to tackle the problem of overcriminalization and foster meaningful reform, as well as, related scholarship and programming. Visit the Face of Overcriminalization webpage for personal stories of overcriminalization. 

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.

National Association of Criminal Defense Lawyers urges the Government of Canada to abandon Bill S-10 and to reject mandatory minimum sentences; and

THEREFORE BE IT FURTHER RESOLVED that the National Association for Criminal Defense Lawyers urges the Government of Canada to reallocate the money intended for S-10 to fund drug treatment and harm reduction programs, alternatives to incarceration, employment opportunities, and human services.

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 Amicus Letter in GTMO Habeas Counsel Access Litigation

The Honorable Jeh C. Johnson, Esq. General Counsel, Department of Defense 1000 Defense Pentagon, Room 3E788 Washington, DC 20301-1000 Bruce MacDonald VADM (retired) Office of Military Commissions 1600 Defense Pentagon Washington, DC 20301 May 17, 2012 Dear Mr. Johnson and Vice Admiral MacDonald: We appreciate that nong

The National Association of Criminal Defense Lawyers (NACDL) commends the Judiciary Committee for holding another oversight hearing on the Foreign Intelligence Surveillance Act (FISA) scheduled to take place on October 2, 2013.

November 27, 2012 Re: VETO the National Defense Authorization Act, If It Extends Restrictions on Transferring Detainees Out of the Guantanamo Prison Dear President Obama: The undersigned human rights, religious, and civil liberties groups strongly urge you to veto the National Defense Authorization Act for Fiscal Year

Coalition Letter to House Urging NO Vote on FAA Extension

November 29, 2012 Re: Opposition to Feinstein Amendment 3018 to the NDAA Dear Senator: We write as a broad array of organizations in the civil rights, human rights, civil liberties, and immigrant rights fields to urge you to oppose Amendment 3018, submitted by Senator Feinstein as an amendment to the National Defense A

June 26, 2014 David Medine, Chair, Rachel Brand, Member Elisebeth Collins Cook, Member James Dempsey, Member Patricia Wald, Member Privacy and Civil Liberties Oversight Board Dear Members of the Privacy and Civil Liberties Oversight Board, We respectfully bring to your attention the recent vote in the U.S. House of Rep

May 10, 2012 Dear Senator, We, the undersigned organizations, write to express our deep concerns with S. 2105, the Cyber Security Act of 2012. In particular, we are concerned that the information-sharing provisions in Title VII allow companies, “notwithstanding any law,” to share sensitive Internet and other informatio

101A AMERICAN BAR ASSOCIATION CRIMINAL JUSTICE SECTION REPORT TO THE HOUSE OF DELEGATES RESOLUTION RESOLVED, That the American Bar Association adopts the black 1 letter ABA Criminal Justice 2 Standards on Law Enforcement Access to Third Party Records, dated February 2012. 291101A 2 ABA CRIMINAL JUSTICE STANDARDS ON 1 L

May 14, 2012 Dear Senator, We, the undersigned organizations, write to express our deep concerns with S. 2151, the SECURE IT Act of 2012. In particular, we are concerned that the information-sharing provisions in Title I allow companies, “notwithstanding any law,” to share sensitive Internet and other information with

At its upcoming meeting on August 12 – 13, 2019, The American Bar Association House of Delegates will consider a resolution concerning the definition of consent in sexual assault cases. NACDL opposes the proposed resolution. The resolution and report appear below, as does the NACDL position and a counter proposal, a letter from members of the American Law Institute, whose consideration of this matter is referenced in the ABA report, and a letter in support of the proposed resolution.