Publications and Policy Briefs

States and communities all across the country are finding themselves facing numerous challenges and are addressing those through policy, legislation and research. We are working with defenders from each jurisdiction to promote their leadership and share essential information from the Safety and Justice Challenge with the broader public defense community. We will continue to update the below as new developments arise regarding issues facing our community such as rethinking jails, bail reform and the Sixth Amendment.
Bail Reform, Judges & Court Staff, Law Enforcement & Corrections, News, Policy Research, Policymakers & Government Agencies, Prosecutors, Public Defense, Publications and Policy Briefs, Racial Justice, The General Public

Black Public Defender Association’s Position on Cash Bail

October 12, 2020
Judges & Court Staff, Judges/Court Staff, Policy Research, Policymakers & Government Agencies, Prosecutors, Public Defense, Publications and Policy Briefs, The General Public, The Right to Counsel

Access to Counsel at First Appearance Policy Brief

September 30, 2020
News, Policy Research, Policymakers & Government Agencies, Prosecutors, Public Defense, Technology, The General Public, The Right to a Speedy and Public Trial, The Right to Counsel

Milwaukee County District Attorney’s Office Opens Justice System Data to Public in New Dashboard

September 29, 2020
Covid-19, Judges & Court Staff, Law Enforcement & Corrections, Learning Module, News, Policy Research, Policymakers & Government Agencies, Prosecutors, Public Defense, Publications and Policy Briefs, The General Public, Toolkit

Principles for Continued Use of Remote Court Proceedings

September 10, 2020
Bail Reform, Covid-19, Judges & Court Staff, Law Enforcement & Corrections, News, Policy Research, Policymakers & Government Agencies, Prosecutors, Public Defense, Publications and Policy Briefs, Racial Justice, The General Public

Save Black Lives: A Call for Racially-responsive Strategies and Resources for the Black Community during the COVID-19 Pandemic

August 11, 2020
Bail Reform, Covid-19, Judges & Court Staff, Judges/Court Staff, Law Enforcement & Corrections, Law Enforcement/Corrections, News, Policy Research, Policymakers & Government Agencies, Prosecutors, Public Defense, Publications and Policy Briefs, The General Public, The Right to a Speedy and Public Trial, The Right to Counsel, Toolkit

New data tools show how unjust the criminal justice system really is for Black New Orleanians

The New Orleans City Council’s Criminal Justice Committee Tuesday unveiled a series of new data “dashboards,” including tools that allow
July 28, 2020
Judges & Court Staff, Judges/Court Staff, Learning-Module, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public Defense, Publications and Policy Briefs, The General Public, The Right to Counsel, Tool-Kit

Texas Indigent Defense Commission: ACT Smart for Public Defense

ACT Smart for Public Defense is a web portal designed to help Texas jurisdictions use data and metrics to track progress
July 21, 2020
Bail Reform, Covid-19, Judges & Court Staff, Law Enforcement & Corrections, News, Policy Research, Policymakers & Government Agencies, Prosecutors, Public Defense, The General Public

Santa Barbara County needs more data tracking in jail population reduction, criminal justice heads say

Santa Barbara County’s criminal justice leaders, speaking at a special Board of Supervisors meeting Thursday, supported expanding diversion programs to
July 16, 2020
Judges & Court Staff, Judges/Court Staff, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public Defense, Publications and Policy Briefs, The General Public, The Right to an Impartial Jury, Toolkit

Whitewashing: The Jury Box

Racial discrimination is an ever-present feature of jury selection in California. This report investigates the history, legacy, and continuing practice
July 14, 2020
Judges & Court Staff, Judges/Court Staff, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public Defense, The Right to an Impartial Jury, The Right to Counsel, Video

New study highlights issues of systemic bias in jury selection

Discrimination is illegal, but peremptory challenges allow the prosecution and defense to dismiss potential jurors without cause. A review of
July 8, 2020
Judges & Court Staff, Judges/Court Staff, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public Defense, The General Public, The Right to Counsel

Texas A&M and Access to Justice Lab at Harvard Law School researchers to evaluate counsel at first appearance

Texas A&M University’s Public Policy Research Institute (PPRI) and the Access to Justice Lab at Harvard Law School (A2J Lab)
July 7, 2020
Bail Reform, Covid-19, Judges & Court Staff, Judges/Court Staff, Law Enforcement & Corrections, Law Enforcement/Corrections, Learning Module, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public Defense, Publications and Policy Briefs, The General Public, The Right to, The Right to a Speedy and Public Trial, The Right to Confront Witnesses, The Right to Counsel

Leading With a Public Health Response to COVID-19 in Prisons and Jails

On May 27, a group of national organizations led by the Association of Prosecuting Attorneys and the Center for HIV
June 29, 2020
News, Policy Research, Policymakers & Government Agencies, Prosecutors, Public Defense, Racial Justice, The General Public, Video

Understanding Race and Social Dominance: Seeing and Dismantling White Supremacy and Structural Anti-Black Racism

June 18, 2020
Covid-19, Judges/Court Staff, Law Enforcement & Corrections, Law Enforcement/Corrections, Learning Module, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public Defense, Publications and Policy Briefs, The General Public, The Right to a Speedy and Public Trial, The Right to an Impartial Jury, The Right to Counsel

Criminal Court Reopening and Public Health in the COVID-19 Era

NACDL recognizes that the unprecedented public health risks caused by the COVID-19 pandemic present enormous challenges for court operations especially
June 2, 2020
Covid-19, Judges & Court Staff, Judges/Court Staff, Law Enforcement & Corrections, Learning Module, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public, Public Defense, Publications and Policy Briefs, Technology, The General Public, The Right to a Speedy and Public Trial, The Right to Counsel, Toolkit

Court Appearances in Criminal Proceedings Through Telepresence Identifying Research and Practice Needs to Preserve Fairness While Leveraging New Technology

Local jurisdictions, faced with caseloads of increasing complexity and cost, have adopted alternative approaches to criminal case processing — including
May 1, 2020
Judges & Court Staff, Judges/Court Staff, Law Enforcement & Corrections, Learning-Module, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public Defense, The General Public

The “Radical” Notion of the Presumption of Innocence

May 1, 2020
Covid-19, Judges & Court Staff, Judges/Court Staff, Law Enforcement & Corrections, Law Enforcement/Corrections, Learning Module, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public Defense, The General Public, The Right to a Speedy and Public Trial, The Right to Counsel

Court Appearances in Criminal Proceedings Through Telepresence Identifying Research and Practice Needs to Preserve Fairness While Leveraging New Technology

Local jurisdictions, faced with caseloads of increasing complexity and cost, have adopted alternative approaches to criminal case processing — including
April 4, 2020
News, Policy Research, Policymakers & Government Agencies, Prosecutors, Public Defense, Publications and Policy Briefs, The General Public, Tool-Kit

AN ANALYSIS OF THE INDIANA PUBLIC DEFENSE SYSTEM AND ATTORNEY WORKLOAD STANDARDS

February 27, 2020
Law Enforcement & Corrections, Police, Policy Research, Policymakers & Government Agencies, Public Defense, Publications and Policy Briefs, The Right to Counsel

Innovative Solutions in Public Defense: Contra Costa County

Partnering with Police to Provide Early Representation in Misdemeaner Cases: In Contra Costa County, California, most misdemeanor cases result in
February 7, 2020
Covid-19, Judges & Court Staff, Judges/Court Staff, Law Enforcement & Corrections, Law Enforcement/Corrections, Learning-Module, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public Defense, The Right to a Speedy and Public Trial, The Right to Counsel

NIJ’s Research on Videoconferencing Pretrial Release Hearings

Identifying protocols that improve practices and maximize return on investment using videoconferencing to expedite pretrial release hearings for defendants who
January 31, 2020
Covid-19, Judges & Court Staff, Judges/Court Staff, Law Enforcement & Corrections, Law Enforcement/Corrections, Learning Module, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public, Public Defense, Publications and Policy Briefs, Technology, The General Public, The Right to Counsel, Tool-Kit

NIJ’s Research on Videoconferencing Pretrial Release Hearings

Videoconferencing technologies implemented in prisons and other criminal justice system settings demonstrate reduced transportation costs, increased prisoner security, expedited case
January 30, 2020
Policy Research, Publications and Policy Briefs

Innovative Solutions in Public Defense: Alameda County

Piloting Public Defender Representation at Arraignment For decades, criminal justice systems nationwide have been over-reliant on locking up the accused
January 16, 2020
Bail Reform, Judges & Court Staff, Judges/Court Staff, Law Enforcement & Corrections, Law Enforcement/Corrections, News, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public Defense, The General Public, Tool-Kit

How Race Impacts Who is Detained Pretrial

Being jailed before trial is no small matter: It can throw a defendant’s life into disarray and make it more
October 9, 2019
General Public stakeholders and Research, News, Policy Research, Stakeholder, The General Public, The Right to an Impartial Jury

Open Forum: A jury of your peers? Not for black men in California

In California, it’s hard to argue that the right to a jury of your peers includes black men. This year,
July 24, 2019
Judges & Court Staff, Judges/Court Staff, Law Enforcement & Corrections, Policy Research, Prosecutors, Public Defense, The Right to Counsel

California Is Considering Ending Criminal Court Fees and Wiping Out Billions in Debt

June 17, 2019
Judges/Court Staff, Law Enforcement & Corrections, Policy Research, Prosecutors, Public Defense, The General Public

Judge rules that St. Louis jails can’t hold inmates who can’t pay

June 12, 2019
Policy Research

Court Reform: Why Simple Solutions Might Not Fail?

In this article we investigate the implementation of programs intended to ensure that defendants in criminal courts receive legal counsel
May 16, 2019
Judges/Court Staff, Policy Research, Public Defense, The Right to Counsel

Harris Introduces EQUAL Defense Act to Boost Pay and Resources, Limit Workload of Public Defenders

May 8, 2019
Judges & Court Staff, News, Policy Research, Policymakers & Government Agencies, Prosecutors, Public Defense, The General Public, Toolkit

Engaging Key System Actors in Support of The Right To Counsel

The following report summarizes the roundtables held with law enforcement officers, representatives from state administering agencies (SAAs), county officials, prosecutors,
March 21, 2019
Policy Research, Policymakers & Government Agencies, Roles, The General Public, The Right to a Speedy and Public Trial, The Right to an Impartial Jury, The Right to Compulsory Process, The Right to Confront Witnesses, The Right to Counsel, The Right to Notice of Charges

We’ve taken the “First Step” to reform our criminal justice system. What’s next?

Last night, I had the honor of moderating an important conversation on an issue that I’m passionate about – criminal
March 20, 2019
Policy Research

{**31 NY3d at 6} OPINION OF THE COURT

Fahey, J. The answer to the question “how long is too long?” is a difficult one to resolve. However, certain
May 1, 2018
General Public stakeholders and Research, Judges & Court Staff, Judges/Court Staff, Law Enforcement & Corrections, Law Enforcement/Corrections, Learning Module, Police, Policy Research, Policymakers & Government Agencies, Prosecution, Prosecutors, Public, Public Defense, Stakeholder, The General Public, The Right to, The Right to Counsel, Tool-Kit

Communicating with Justice System Stakeholders about the Right to Counsel

This guide will help you make the case for improving public defense to federal, state, and local justice system leaders
January 20, 2018
Policy Research

THE RIGHT TO PRESENT A DEFENSE

This monograph on the “Right to Present a Defense” began as a chapter entitled “The Right to Compulsory Process” in
December 2, 2016
Policy Research

The Fiscal Savings of Accessing the Right to Legal Counsel Within Twenty-Four Hours of Arrest

Bryan L. Sykes, University of California, Irvine Eliza Solowiej, First Defense Legal Aid, Chicago, Illinois Evelyn J. Patterson, Vanderbilt University
November 4, 2015
Policy Research

Securing Reasonable Caseloads: Ethics and Law in Public Defense

By Professor Norman Lefstein About the Author Contents Foreword by William S. Sessions Preface by Robert E. Stein Acknowledgements Introduction
May 12, 2011
Policy Research

Crawford v. Washington

2004- Crawford v. Washington- SCt redefined application of the right to confrontation- changed the inquiry from whether the evidence offered
March 8, 2004
Policy Research

Out-of-State Witnesses and Compulsory Process

The contribution of the Nash decision as an aid to understanding what may be foreclosed from perjury prosecutions will have
September 1, 1972
Policy Research

RIGHT TO SPEEDY TRIAL BY JURY, WITNESSES, COUNSEL

That leaves the right to trial by “an impartial jury.” The Court has held that this right applies whenever the
September 25, 1789

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No matter what your role is, you can be a part of the movement to Strengthen the Sixth and ensure fair trials and accurate verdicts for every community.

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