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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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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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The next installment of NACDL's Engage & Exchange Video Discussion Series–Digital Forensics in Child Exploitation Cases, covering child pornography cases and how experts can help you win your case. The webinar featured Forensic Computer Experts Larry Daniel, Lars Daniel, and Jake Green from Envista Forensics.
The first installment of NACDL Engage & Exchange, Autism Spectrum Disorder (Including "Asperger's Syndrome") and Child Pornography Cases: What You Need to Know. Featuring Mark Satawa of Satawa Law, PLLC, and Mark Mahoney of Harrington and Mahoney.
Sex offenses, like child abuse, have a significant and lasting impact on all parties involved: the accused, the alleged victims, families, and communities. These cases are emotional and complex, and can be very intimidating. These resources are meant to make this area less scary and more manageable.
Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.
NACDL recognizes that sex offenses cause great pain and suffering to victims and their families. However, society’s outrage and condemnation should not impair the need to make criminal justice policy decisions based upon facts, sound scientific research, and evidence.
NACDL opposes sex offender registration and community notification laws but also believes that if such laws are enacted they should classify offenders with full due process of law. Determination of offender risk must also allow for reasonable opportunities to seek relief from registration.
Comments to the U.S. Sentencing Commission on the Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003.
Comments to the Department of Justice Office of Justice Programs SMART Office regarding sex offender registration and community notification.
Comments to the Department of Justice regarding implementation of provisions of the Adam Walsh Act to affect individuals with past sexual offense convictions.
The five-point argument outlined in this article has been preserved in a failure to register case under the Sex Offender Registration and Notification Act at 18 U.S.C. § 2250(a).
How We Handled a Sexsomnia Case Douglas Peters and Robert Rubin April 2013 18 Introduction Most child molestation cases fit into one of two broad categories. In the first category, the client admits he 1 intentionally committed the act of which he is accused. He may admit he has a problem and...
At sentencing, defense lawyers do not listen closely as the judge reads the standard and special conditions of supervised release. As a result, lawyers frequently do not object to any special conditions. John Rhodes and Dan Donovan believe that the time is ripe to object to, and litigate, special conditions of supervised release, particularly in sex offense cases. Some circuits have limited or rejected certain special conditions for sex offenders. The authors provide tips that will help defense counsel prevent unreasonable and unconstitutional special conditions of supervised release.
In an attempt to find child predators, police officers visit Internet chat rooms and pretend to be underage. When arrested in these sting operations, most defendants plead guilty. But the chat room is a world of sexual fantasy. Did the defendant believe he was communicating with another adult who was pretending to be a child within the sexually charged atmosphere of an adult chat room?
Particularly in child sex cases, success lies in preparation. It may be tempting for a lawyer to pass a case alleging a child sex offense to another lawyer who has more experience in handling such cases. While experience is important, a lawyer prepared to spend the time and resources researching the facts and background information and thoughtfully analyzing the issues can successfully defend cases that may initially appear hopeless. Kathleen Stilling provides a basic plan for preparing, analyzing, and investigating child sex cases.
California and New York have passed “yes means yes” laws that apply to college campus disciplinary proceedings when a sexual assault has been alleged. These laws may result in an accused person having to prove innocence.
While United States v. Paroline likely will result in victims bringing an increased number of restitution claims in federal child pornography prosecutions, in that case the U.S. Supreme Court reined in expectations for victims anticipating a windfall. Public defender David Bungard offers practice tips to help defense attorneys successfully negotiate or dispute the merits of a restitution claim.