The BYOC training programs provide intensive training to capital defense teams using the proven "Bring-Your-Own-Case" method. Capital defense is an extraordinarily demanding and complex practice that, when done poorly, represents one of the greatest continuing threats to the right to counsel in today’s criminal justice system. A capital case consists not of one trial, but two - a guilt phase and a penalty phase. Because of the irrevocability of capital punishment, capital cases constitutionally demand unique levels of investigation and preparation by defense counsel. Capital cases are governed by inimitable evidentiary and procedural rules that require specialized jury selection and instructions. As a result, the defense of death penalty cases demands greater resources and training than other criminal cases. Capital defense teams generally lack the training and resources necessary to represent their clients at even the bare minimum that would be acceptable under either American Bar Association’s Ten Principles of a Public Defense Delivery System or, more importantly, the ABA’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. Insufficient training and technical assistance represents a direct threat to capital defendants’ right to counsel and, more generally, undermines confidence in the criminal justice system. Using the Bring-Your-Own-Case model, these training programs provide critical evidence-based training using a demonstrated model to address these and related issues.
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NACDL submitted a proposed conference budget for approval, including the draft agenda for the event.
NACDL submitted the conference cost approval form on December 1, 2017.
NACDL learned on January 22, 2018 that the conference cost approval process was not begun in earnest until mid-January, despite submission on December 1. NACDL extensively discussed how to accelerate the review process with contacts at BJA as well as its consultants with whom it works to coordinate these training programs. NACDL was advised that there was almost no chance that approval could be expedited and received prior to the deadline to make hotel reservations. Because of this, and because delays in approval would result in geometrically higher airfare costs, NACDL made the decision that it could continue in planning the program with the risk that approval would not be given in time or before obligation of financial liabilities, such as airfare.
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