Committee Resources
Protective Orders Governing Discovery in Federal Criminal Cases Should Be Reserved for Appropriate Cases and Tailored to Minimize the Burden on a Defendant’s Constitutional Right to an Effective Defense
This paper summarizes the Committee’s research into the goals and purposes of protective orders in criminal cases, and examines the issues arising from their overuse and overbreadth.
Recommended Practices for Companies and Their Counsel In Conducting Internal Investigations
This paper provides guidance on what the committee believes to be the most balanced and effective practices for conducting internal investigations of possible corporate wrongdoing.
Rule 23(a) Should be Amended
This paper recommends amendment of Rule 23(a) to allow a criminal defendant to obtain a non-jury bench trial without the government’s consent if the defendant presents reasons sufficient to overcome the presumption in favor of jury trials.
Statement on Criminal Justice Reform
The Federal Criminal Procedure Committee of the American College of Trial Lawyers (“ACTL”) applauds the passage of the FIRST STEP Act, but sees it only as the first of many steps that should be taken to reform our criminal justice system.
Brady-Giglio Guide for Prosecutors
This guide for state and federal prosecutors is intended to help them comply with their Brady and Giglio obligations (“Brady/Giglio”) to ensure a fair trial and to help them avoid uncomfortable and unnecessary problems and accusations.
Effective Use of Pretrial Diversion in Criminal Cases
This paper reviews the evidence of the declining use of diversion among U.S. Attorneys’ Offices around the country, and it makes the case that diversion can be a just and equitable case outcome.
Recommended Practices for Conducting Internal Investigations - Canadian Version
This paper, aimed at a Canadian audience, provides guidance on what the committee believes to be the most balanced and effective practices for conducting internal investigations of possible corporate wrongdoing.