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Dec 2nd, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Ian Thompson, Washington Legislative Office at 3:16pm

Congress – Finally Getting Smart on Crime

Earlier this morning, the House Judiciary Committee, on a vote of 17-14, sent the Youth PROMISE Act onto the House of Representatives for a vote in the near future by the full chamber! It has taken several years of hard work and determined advocacy to get us to this important victory, which really marks a turning point in how Congress addresses issues of crime, youth violence and gang activity.

This legislation advances a new, forward-looking, “smart on crime” approach to confronting these issues by focusing resources on cost-effective, evidence-based prevention and intervention strategies rather than the usual mix of longer sentences and more prison beds. For example, rather than waiting until after a crime or violent act has occurred, the Youth PROMISE Act will empower communities to work in positive ways with at-risk young people. Additionally, the legislation was actually strengthened during today’s mark-up by ensuring that these prevention and intervention strategies also take girls into account, whose needs are often ignored by the justice system. The legislation’s focus on front-end prevention strategies will help to prevent both boys and girls from falling into a cycle of violence and incarceration.

As a testament to just how much support this type of approach is garnering in Congress, 232 bipartisan members are currently cosponsors of the legislation. For those Congress wonks out there, that’s over half of the entire House of Representatives (435). While it may seem like this bill is a legislative slam-dunk (it certainly should be), today’s vote, and the level of opposition from the Republican members of the Judiciary Committee, shows that we cannot let up the pressure. Please continue to email and contact your members of Congress and let them know that you support policies like the Youth PROMISE Act that are smart on crime and good investments in our future.

Nov 17th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Ian Thompson, Washington Legislative Office at 5:28pm

Tuesday Brings Good (Yes, Good) Guantánamo News in Congress

Earlier this afternoon, the Senate voted to table (a fancy word for defeating) an amendment that was proposed by Sen. James Inhofe (R-Okla.) to the military construction appropriations bill. The Inhofe Amendment would have prohibited the Department of Defense from using any funds under the bill to modify or construct any facilities in the U.S. to hold any of the Guantánamo detainees, including those charged, tried, or convicted in regular federal courts.

The ACLU, as well as a number of coalition partners, wrote to the Senate urging the defeat of this fear-mongering amendment. Had it passed, it would have greatly impeded the ability of Attorney General Eric Holder to prosecute Guantánamo detainees in our tried-and-true federal criminal courts. Additionally, it would have put front-line law enforcement and corrections officials at needless risk by eliminating the ability to enhance security or communications at facilities holding detainees during their trials.

The defeat of the Inhofe Amendment, along with the Graham Amendment two weeks ago, represent important congressional victories for the rule of law and our Constitution.

Equally heartening was a statement signed by several prominent conservatives including Bob Barr, David Keene and Grover Norquist in which they support the closing of Guantánamo, as well as the decision to prosecute detainees in regular federal courts. They write:

Civilian federal courts are the proper forum for terrorism cases. Civilian prisons are the safe, cost effective and appropriate venue to hold persons convicted in federal courts. Over the last two decades, federal courts constituted under Article III of the U.S. Constitution have proven capable trying a wide array of terrorism cases, without sacrificing either national security or fair trail standards.

While we’ll still likely see attempts in Congress to hamper efforts to close Guantánamo and restore the rule of law by bringing detainees to trial in federal criminal court , the recent victories, as well as the ever-broadening array of voices in support, offer cause for hope.

Tags: Close Gitmo

Nov 4th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Ian Thompson, Washington Legislative Office at 5:17pm

Senate to Hold Landmark ENDA Hearing — ACLU to Tweet LIVE!

Tomorrow morning at 10 a.m., the Senate Health, Education, Labor and Pensions (HELP) Committee will hold a hearing on the Employment Non-Discrimination Act (ENDA). This will be the first Senate hearing on ENDA since 2002. The legislation would help to ensure workplace equality by protecting LGBT workers from employment discrimination.

This will be the first time in the 111th Congress that the Senate has held a hearing on this critical legislation. Especially noteworthy will be the testimony of Assistant Attorney General for Civil Rights Tom Perez, his first since being confirmed by the Senate for his post. Assistant Attorney General Perez will testify on behalf of the Obama administration in support of the legislation.

Readers can watch the hearing live via webcast. Additionally, we will be providing live, play-by-play tweets from the hearing on our Twitter page at http://twitter.com/aclu.

It’s bound to be an exciting morning. Be sure to tune in.

We’ll be sure to provide a post-hearing summary on our blog later in the day.

 

Tags: enda

Nov 3rd, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Ian Thompson, Washington Legislative Office at 5:10pm

ESPN Documentary to Explore Crack Disparity’s Misguided Origins

As part of ESPN’s 30 for 30 series of documentary films, they will be airing Without Bias tonight at 8pm (with additional airings on their various sister networks over the coming months).

Twenty-three years after University of Maryland basketball star Len Bias died of a drug overdose (hours after the Boston Celtics picked him in the NBA draft), ESPN will air this new documentary by Kirk Fraser. The film features interviews with his closest teammates, friends and family. For the first time, we hear firsthand accounts of what transpired during Bias' final hours from those who were with him at the time of his death.

His death sparked a national media frenzy largely focused on the drug that was suspected, mistakenly, of killing him — crack cocaine. A few weeks after Len’s death, Congress, under the leadership of former Speaker Tip O’Neill (D-Mass.), passed the Anti-Drug Abuse Act of 1986, establishing for the first time mandatory minimum sentences triggered by specific quantities of cocaine. Congress also established much tougher sentences for crack cocaine offenses than for those involving the powder form of the substance — creating the infamous, discriminatory 100-to-1 sentencing disparity.

Today, momentum in Congress for finally ending this injustice is stronger than at any other point since the disparity was first written into law. The House Judiciary Committee sent legislation that would eliminate the distinction between crack and powder under federal law on to the full chamber for a vote on the House floor. In the Senate, Sen. Richard Durbin (D-Ill.), along with nearly a dozen colleagues, recently introduced S. 1789, the Fair Sentencing Act of 2009. The Fair Sentencing Act would also eliminate the disparity between the two forms of the same drug. If all of that wasn’t promising enough, President Obama and the Department of Justice stand strongly behind efforts to eliminate the disparity.

Without Bias chronicles how one man's meteoric rise to fame was derailed by a fatal decision that still echoes throughout sports and the criminal justice system today.

Definitely one to check out tonight at 8 p.m.! Let us know what you think of the film by leaving your thoughts and comments.

Nov 3rd, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Ian Thompson, Washington Legislative Office at 11:52am

Sen. Durbin Takes on Crack Myths and The Washington Post

On Saturday, Sen. Richard Durbin (D-Ill.) had a letter to the editor published in The Washington Post that challenged claims the newspaper made in a recent editorial on crack cocaine sentencing reform. The Post’s editorial cautioned Congress against fully eliminating the infamous and deeply discriminatory 100-to-1 sentencing disparity between crack cocaine and powder cocaine, resorting to the same tired myths that have been thoroughly debunked in the 23 years since the law’s enactment. What I personally found so confusing about the Post editorial was that it was only this past July that the newspaper published a very strong editorial — “Cocaine Justice” — in which they praised Congress for moving forward towards fairness in our sentencing laws.

Perhaps the Post felt compelled to write their editorial because momentum for ending this longstanding injustice in our criminal justice system has never been stronger than it is today. The House Judiciary Committee sent legislation that would eliminate the distinction between crack and powder under federal law on to the full chamber for a vote on the House floor. In the Senate, Sen. Durbin, along with nearly a dozen colleagues, recently introduced S. 1789, the Fair Sentencing Act of 2009. The Fair Sentencing Act would also eliminate the disparity between the two forms of the same drug. If all of that wasn’t promising enough, President Obama and the Department of Justice stand strongly behind efforts to eliminate the disparity.

It wouldn’t have been too long ago that an editorial like the Post’s would have sent our elected officials running for political cover. Instead, Sen. Durbin stood tall and addressed the myths head on. The New York Times explored one such myth — that of a generation of so-called “crack babies” — earlier this year. It is clear that the science and our understanding of crack and powder cocaine have greatly advanced over the previous two decades. It is both illogical and unfair to contain imposing grossly disparate sentences for what are, in effect, the exact same drugs. The simple fact that a prominent member of the U.S. Senate was willing to say as much shows just how far we have come on this issue politically, as well as scientifically.

Here’s hoping that as Congress continues to make strides towards finally eliminating this injustice The Washington Post will reconsider their current wishy-washy, myth-based position.

 

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