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Showing 1 - 15 of 19 results

    • Document

    The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It

    The ‘trial penalty’ refers to the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. To avoid the penalty, accused persons must surrender many other fundamental rights which are essential to a fair justice system. [Released July 2018]
    • Brief

    United States v. Flynn

    Amicus Curiae Brief of the National Association of Criminal Defense Lawyers in Support of Defendant.
    • News Release

    News Release ~ 06/09/2020

    The Vanishing Trial: FAMM, NACDL Launch Documentary about the Trial Penalty -- Vanita Gupta, Brittany Barnett, Clark Neily, and Norman Reimer to participate in panel discussion about the film.

    • News Release

    News Release ~ 07/10/2019

    Special Double Issue of Federal Sentencing Reporter on “The Trial Penalty” - Washington, DC (July 10, 2019) – The Federal Sentencing Reporter, published by University of California Press, has released a double issue covering April and June 2019, edited by NACDL Executive Director Norman L. Reimer and NACDL Second Vice President Martín Antonio Sabelli, entitled “The Tyranny of the Trial Penalty: The Consensus that Coercive Plea Practices Must End.”

    • Document

    Comments on Proposed Changes to FRCrP Excluding Criminal Forfeiture (February 1998)

    Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure, except those related to criminal forfeiture.
    • Document

    Comments on Proposed Amendments to FRCrP Rule 11 (February 2012)

    Comments to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding a proposed amendment to Rule 11 of the Federal Rules of Criminal Procedure.
    • Document

    Letter to House Judiciary on Consequences in Revenge Porn Cases in the SHIELD Act (January 2020)

    Letter to the House Judiciary Committee regarding penalties and prosecutorial requirements for revenge porn cases, as proposed in the Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act of 2019 (H.R. 2896).
    • Document

    Statement to the U.S. Sentencing Commission on Federal Mandatory Minimum Sentencing (May 2010)

    NACDL President Cynthia Orr's written statement to the U.S. Sentencing Commission regarding mandatory minimum sentencing in federal law.
    • Brief

    United States v. Gozes-Wagner

    Brief of National Association of Criminal Defense Lawyers, Cato Institute, American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Texas, Due Process Institute, and Texas Public Policy Foundation as Amici Curiae in Support of Defendant-Appellant and Reversal. 
    • News Release

    News Release ~ 09/26/2019

    Nation’s Criminal Defense Bar Lauds Newly Introduced “Prohibiting Punishment of Acquitted Conduct Act of 2019” -- Washington, DC (Sept. 26, 2019) – The National Association of Criminal Defense Lawyers (NACDL) supports and urges others to support the “Prohibiting Punishment of Acquitted Conduct Act of 2019,” co-sponsored by Senators Durbin (D-IL), Grassley (R-IA), Leahy (D-VT), Tillis (R-NC), Booker (D-NJ), and Lee (R-UT), and introduced today in the U.S. Senate. 
    • News Release

    News Release ~ 07/10/2018

    Nation’s Criminal Defense Bar Releases Groundbreaking Report, Principles, and Recommendations Concerning the ‘Trial Penalty’ and the Decline of the Constitution’s Sixth Amendment Right to Trial – Washington, DC (July 10, 2018) – At a special event at the National Press Club earlier today, The National Association of Criminal Defense Lawyers (NACDL) released The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It. 

    • Brief

    United States v. Bacon

    Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae Supporting Reversal (on petition for rehearing en banc)
    • Brief

    Class v. United States

    Brief of the National Association of Criminal Defense Lawyers and the American Civil Liberties Union as Amici Curiae in Support of Petitioner. 
    • Brief

    Alvarez v. City of Brownsville

    Brief for National Association of Criminal Defense Lawyers as Amicus Curiae in Support of George Alvarez.
    • Brief

    Mearing v. United States

    Brief for the National Association of Criminal Defense lawyers as Amicus Curiae in Support of Petitioner (on petition for a writ of certiorari)