Blog of Rights

Debt Collectors Aren’t Prosecutors and Shouldn’t Pretend to Be

By Kara Dansky, Senior Counsel, ACLU Center for Justice at 12:02pm

According to a recent New York Times article, prosecutors and debt collectors are working together to threaten bad check writers with jail, even when no crime has been committed.

Here’s how it works.  Someone writes a check to a merchant such as Wal-Mart (whether the person intends to defraud the merchant is irrelevant). The check bounces.  The person then receives a letter signed by the local district attorney, on official letterhead, stating that the person can be sent to jail unless he or she agrees to pay the amount of the check, plus fees, plus the cost of a “financial accountability” class. The person is not informed that the letter is actually sent by a debt collection company or that no one at the district attorney’s office has reviewed the case.  If the person agrees to take the class, the class participation fee is split between the debt collection company and the district attorney’s office.

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 2:27pm

Today, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind barsour imprisonment rate is the highest it’s ever been in U.S. history.

Guilty Until Proven Innocent?

By Cassandra Stubbs, ACLU Capital Punishment Project at 6:09pm

This week, Northwestern and the University of Michigan law schools released a National Registry of Exonerations, a new database chronicling the ever-growing number of exonerees from our nation’s criminal justice system.   The database includes over 2,000 people who spent time – sometimes decades – in prison after being wrongfully convicted of serious crimes. This includes over 100 wrongfully convicted of capital murder – which means they were awaiting execution before their sentences were reversed. The Death Penalty information Center, which tracks information about the death penalty, has documented 140 cases where inmates were released from death row with evidence of their innocence.

A Personal Reflection on McCleskey v. Kemp

By Diann Rust-Tierney

April 22 marked the 25th anniversary of the Supreme Court decision in McCleskey v. Kemp, in which the Court ruled that a defendant cannot rely upon statistical evidence of systemic racial bias to prove his death sentence unconstitutional, no matter how strong that evidence may be. McCleskey has been roundly condemned as a low point in the quest for equality that begs to be revisited. To mark the occasion, last week the ACLU Blog of Rights  featured a new post about McCleskey and its legacy. You can read all the posts here, and visit mccleskeyvkemp.com to learn more.

25 Years After McCleskey, Looking Forward to Legislative Fixes of Supreme Court Error

By Tanya Greene, Advocacy and Policy Counsel, ACLU at 9:54am

April 22 marks the 25th anniversary of the Supreme Court decision in McCleskey v. Kemp, in which the Court ruled that a defendant cannot rely upon statistical evidence of systemic racial bias to prove his death sentence unconstitutional, no matter how strong that evidence may be. McCleskey has been roundly condemned as a low point in the quest for equality that begs to be revisited. To mark the occasion, every day this week the ACLU Blog of Rights will feature a new post about McCleskey and its legacy. You can read all the posts here, and visit mccleskeyvkemp.com to learn more.

The Dred Scott of Our Time

By Cassandra Stubbs, ACLU Capital Punishment Project at 11:09am

This Sunday marks the 25th anniversary of the Supreme Court's decision that a defendant cannot rely upon statistical evidence of racial bias to prove his death sentence unconstitutional.

Brady Reform: New Legislation Is a Win for Justice

By Jesselyn McCurdy, ACLU Washington Legislative Office & Dan Zeidman, ACLU Washington Legislative Office at 3:47pm

In the 1963 Supreme Court case Brady v. Maryland, the U.S. Supreme Court recognized a defendant’s fundamental right to any and all favorable information that might prove he or she was innocent of a crime. From that case came the “Brady Rule” –the constitutional obligation for the prosecution to disclose any material evidence favorable to the accused.

ACLU Lens: North Carolina Repeals Historic Legislation Combating Racism in Death Penalty

By Will Matthews, ACLU of Northern California at 2:45pm

The North Carolina state Senate late Monday voted to repeal an historic 2009 law that would have helped ensure that death sentences handed down in the state were not the result of racial bias.

The Racial Justice Act allows death row prisoners like Marcus Robinson a hearing in which they can present statistics and other evidence showing that death sentences state- and county-wide were tainted by racism and that their death sentence should be commuted to life in prison without the possibility of parole.

Uncle Sam's Drug-Seeking Behavior

By Denny LeBoeuf, Capital Punishment Project at 10:52am

This summer, travelers should be on the lookout for some new American drug addicts, slouching around the foreign capitals where Americans abroad seek to score. They are a little older than most of the druggies, and they aren't looking to get high. They're looking to kill. Uncle Sam himself — or some of his states, like Georgia, Alabama, Tennessee, California and Nebraska — are desperate for dope. They've run out of sodium thiopental, the drug that's used to lethally inject prisoners during executions, and they're jonesing.

$4 Billion Since 1978 — Time to Cut California's Death Penalty

By James Clark, ACLU of Southern California at 5:39pm

The Los Angeles Times reports new data in a study to be released next week on California’s death penalty has revealed that the price tag for death is even higher than we thought: $4 billion since 1978. Put another way, we spend $184 million more per year for death penalty inmates than we do on those sentenced to life without the chance of parole. All told, California is on track to spend $1 billion on the death penalty over the next five years.