Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
Take a stand for a fair, rational, and humane criminal legal system
Contact members of congress, sign petitions, and more
Help us continue our fight by donating to NFCJ
Help shape the future of the association
Join the dedicated and passionate team at NACDL
Increase brand exposure while building trust and credibility
NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
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 - 15 of 162 results
A cell phone’s location can be detected through cell site location information (CSLI) or global positioning system (GPS) data. CSLI refers to the information collected as a cell phone identifies its location to nearby cell towers.
With an increasing number of police departments across the country turning to unregulated, untested, and flawed facial recognition technology to identify suspects, it is vital defenders understand the technology, its limitations, and how to challenge its use in their cases.
Nearly every case involves a cell phone or an online account. Laws on device and account searches are continuing to evolve, as courts reconsider old doctrines that do not fit with the realities of the digital age. Below, find sample motions on suppressing emails, passcodes, and other electronically stored information.
NACDL is providing resources regarding the Criminalization of Pregnancy and Reproductive Health to the criminal defense community. Resources are provided without warranty or guarantee. Please consult the laws and rules of your state and local authorities. Please log in to access them. Membership is NOT required.
As a leader in the fight against overcriminalization and mass incarceration, NACDL is committed to providing the defense bar with tools they need to defend the complex, varied pregnancy and abortion-related cases arising from the Supreme Court’s decision to overturn Roe v. Wade. These tools support lawyers defending cases ranging from child endangerment to homicide brought against a wide array of individuals, including women charged for their pregnancy outcomes or actions while pregnant, abortion seekers, providers, and those caught up in the wide net of conspiracy and accomplice statutes.
This Litigation Manual was developed by NACDL’s Criminalization of Reproductive Health Task Force to serve as a comprehensive resource to effectively litigate abortion cases. As the nation’s preeminent criminal defense bar, we are deeply committed to ensuring that the defense community is fully equipped to represent all accused persons at the highest level. This resource is restricted to defense attorneys. It is not to be used by those employed by prosecution or law enforcement organizations or otherwise involved in the prosecution of criminal cases or law enforcement. [Released Nov. 2023]
In the post-Dobbs landscape, states are criminalizing reproductive health in a variety of ways. Law enforcement will likely reach for digital surveillance tools in these cases and defenders will need to know how to counter that evidence. NACDL's Criminalization of Reproductive Health Taskforce and 4th Amendment Center researched categories of pregnancy criminalization, connected them to types of surveillance that law enforcement might use, and connected those to resources. Some tools show up several times on this page, which speaks to the omnipresence of these types of surveillance.
Digital data and privacy resources relating to the defense of pregnancy-related charges provided by NACDL for the criminal defense community. Resources are provided without warranty or guarantee. Please consult the laws and rules of your state and local authorities. Please log in to access them. Membership is NOT required.
On March 15, 2022, Wyoming enacted W.S. §35-6-102 (2022) to restrict abortion in the absence of federal abortion protection under the Roe decision. The law is designed such that subsection (b) overrides subsection (a), upon the overturn of Roe. Subsection (a) is a standing restriction on abortions after viability except to preserve the life and health of the mother. Upon certification by the governor, subsection (a) will be replaced with a ban on abortions at all stages, with exceptions for heath of the mother, sexual assault, and incest.
A law first enacted in 1849 bans the abortion of “an unborn child,” with an exception only to save the life of the mother. Wis. Stat. § 940.04.
In 1848, Virginia passed a law criminalizing performing abortion procedures, except in certain cases where the act was done in “good faith, with the intention of saving the life of such woman or child.” This statute remains valid in West Virginia, post the state’s secession in 1863.
Washington legalized abortions within the first months of pregnancy with Referendum 20 in 1970 — three years before Roe v. Wade — becoming the first state to do so. Referendum 20 legalized abortion for women “not quick with child” and within the “four lunar months after conception.” Abortion, ch. 3, § 2, 1970 Wash. Sess. Laws 23, 24 (repealed 1992). Prior to Referendum 20, abortion was a criminal offense in Washington, except in cases to preserve the mother's life. Referendum 20 was superseded by Roe v. Wade prior to its repeal in 1992 after Initiative 120 was approved.
In 1975, Virginia enacted a general prohibition against abortion.