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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.
Showing 1 - 6 of 6 results
The role of the grand jury in capital prosecutions Thomas K. Maher, Christopher Fialko
Behind Closed Doors Thomas K. Maher, Christopher Fialko January/February 2002 45 Sixth Circuit Allows Government To Obtain Untimely Indictment To Satisfy Apprendi In August 2000, Nicholas Garcia and John O'Valle were named in a superseding indictment for conspiring to distribute in excess of
Behind Closed Doors Thomas K. Maher, Christopher Fialko August 2001 42 No Sixth Amendment Right During Pre-Indictment Witness Depositions Grand jury proceedings are investigative, and petit jury proceedings are adversarial. The Sixth Amendment does not afford a target of an investigation any righ
Behind Closed Doors Thomas K. Maher, Christopher Fialko June 2001 43 New Jersey Court Finds New Direction In State of New Jersey v. Hogan, 764 A.2d 1012 (Jan. 5, 2001), the Appellate Division of the Superior Court of New Jersey was forced to decide whether a prosecutor has a duty to instruct
Behind Closed Doors Thomas K. Maher, Christopher Fialko January/February 2001 43 Prosecutorial Misconduct Prosecutorial misconduct during the investigative stage and directed at the foundations of our system of criminal justice, the attorney client relationship and the very truth finding func
Behind Closed Doors Thomas K. Maher, Christopher Fialko November 2000 46 Second Circuit Finds Preventing Defense Counsel from Communicating with Their Client Is Acceptable In a pair of decisions this year, the Second Circuit has approved limitations on defense counsel's right to communicate with