Blog of Rights

Extreme Sentencing

By Rachel Myers, ACLU at 6:12pm

Snatching a purse off the arm of an elderly woman is one of the nastier offenses I can think of – the kind of thing that might make you shake your head and say to yourself “I hope whoever did that gets what’s coming to him.” And then you think for a second about just what he ought to have coming to him: community service, maybe – or even a night in jail. Stealing from an old lady is pretty mean, after all, and you’d want whoever did it to learn a lesson.

The Road Ahead for Newtown Legislation

By Alex Berger, Legislative Assistant, ACLU at 11:57am

At the beginning of the first Senate hearing on the Sandy Hook Elementary School shootings, Sen. Dick Durbin (D-IL) instructed those in the hearing room to stand if they had been affected by gun violence. As nearly everyone in the packed hearing room, including several Senators, stood in silence, the powerful tone was set for the debate over what to do next.

For several months, I have attended every event and hearing on Capitol Hill regarding the Senate's response to the Newtown shootings. I saw the father of a slain first grader whose uncontrollable sobbing at a Judiciary Committee hearing left everyone in the room quiet and still. I witnessed testimony from a doctor who struggled to retell the story of removing bullets from the heads of five-year-olds. And I saw incredible passion and a sense of purpose from both sides of the aisle.

New Documents Reveal U.S. Marshals’ Drones Experiment, Underscoring Need for Government Transparency

By Naomi Gilens, ACLU Speech, Privacy and Technology Project at 8:12am

The use of surveillance drones is growing rapidly in the United States...

New Document Sheds Light on Government’s Ability to Search iPhones

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project & Naomi Gilens, ACLU Speech, Privacy and Technology Project at 10:11am

Cell phone searches are a common law enforcement tool, but up until now, the public has largely been in the dark regarding how much sensitive information the government can get with this invasive surveillance technique. A document submitted to court in connection with a drug investigation, which we recently discovered, provides a rare inventory of the types of data that federal agents are able to obtain from a seized iPhone using advanced forensic analysis tools. The list, available here, starkly demonstrates just how invasive cell phone searches are—and why law enforcement should be required to obtain a warrant before conducting them.

Happy Birthday to the Corrections Corporation of America? Thirty Years of Banking on Bondage Leaves Little to Celebrate

By Carl Takei, ACLU National Prison Project at 10:53am

Thirty years ago yesterday, two retired military officers and a former prison administrator...

President Obama Must Tackle Criminal Justice Reform in His Second Term

By Kara Dansky, Senior Counsel, ACLU Center for Justice at 11:19am

President Obama is the first sitting president in recent history to speak out against criminal justice policies that hurt inner city and rural communities. This is a big deal.

In the Race for Sensible Drug Policy, U.S. Snoozes on the Sidelines

By Rebecca McCray, ACLU Criminal Law Reform Project at 11:47am

Olympics season is upon us, and there’s no shortage of news in which the United States is heralded as the global frontrunner. Beyond athletics, America tends to pride itself on being innovative and forward-thinking on many issues of law and policy, professing to set an example for the rest of the world. But when it comes to our stagnant approach to drug policy, other countries have surpassed us repeatedly by leaps and bounds. From Portugal to Switzerland to Guatemala, it’s as if the rest of the world aced a public health class that the United States skipped because it was too busy fighting a failed, costly “war on drugs.”

Senate Hearing Explores the Exorbitant Costs of Incarceration

By Dan Zeidman, ACLU Washington Legislative Office at 5:51pm

Over the last 30 years, the population of the federal prison system has increased exponentially – nearly 800 percent – largely due to the overrepresentation of those convicted of drug offenses, many of whom are low-level and non-violent. Today, a record 218,000 people are confined within Federal Bureau of Prisons (BOP) operated facilities or in privately managed or community-based institutions and jails.

Gil Kerlikowske: Please Put Our Money Where Your Mouth Is

By Rebecca McCray, ACLU Criminal Law Reform Project & Emma Andersson, Criminal Law Reform Project at 4:02pm

U.S. Drug Czar Gil Kerlikowske has his work cut out for him.  A revealing recent interview suggests he favors a more treatment-based approach to drug policy than his predecessors, but he has no illusions about the daunting task of de-stigmatizing addiction and aligning America’s drug policies with the extensive evidence that a public health approach will serve our country far better than the failed War on Drugs. It’s great that the national discussion about drug use and addiction is changing course, even among high-powered folks like Kerlikowske, but our laws and practices have many miles to go to catch up with the trends in conversation. Fifty percent of our federal prisoners – and almost 20 percent of state prisoners – are incarcerated for drug offenses. And this isn’t just cracking down on “hard” drugs - Marijuana arrests accounted for more than half of all drug arrests in 2010. All of this has a disproportionate and devastating impact on Black Americans, who are three times more likely to be arrested for a marijuana offense even though whites use marijuana at a higher rate. So the question is: can the Office of National Drug Control Policy (ONDCP) follow through on Kerlikowske’s newfound enlightenment?

James Watson, Discoverer of DNA: Patenting Human Genes Is “Lunacy”

By Sandra S. Park, ACLU Women's Rights Project at 12:11pm

Recently, Dr. James Watson filed an amicus brief opposing gene patents in our lawsuit challenging the patents on two human genes associated with hereditary breast and ovarian cancer. Dr. Watson, along with Francis Crick, identified DNA’s ability to create life through its double helical structure and its information-coding sequences in 1953. His brief explains why, from the perspective of a scientist whose work laid the foundation for all genetic research, gene patenting is “lunacy.”