Last Tuesday, something happened in Ohio that should shock the conscience of every American. After a seven-day jury trial, Kelley Williams-Bolar was found guilty of two third-degree felonies — with a sentence of five years in prison each. Williams-Bolar must have done something pretty heinous, right?
As a former police chief of numerous Oklahoma towns, including Seminole, Clinton, Blackwell, Owasso, Bethany, and Chickasha, I have seen officers disciplined for a variety of insubordinate acts. During my 35 years in law enforcement, however, I have never had to discipline an officer for refusing to carry out an assignment because he objects to the faith of the individuals he has been ordered to serve. Indeed, no officer serving under me has claimed that right because every law enforcement official knows that refusing orders on these grounds would not only amount to insubordination, but would also violate the oath sworn by all officers to uphold the U.S. Constitution. That oath requires that as, police officials, we serve and protect all members of the community, regardless of faith or belief.
By Emma Andersson, Criminal Law Reform Project at 3:17pm
Today we filed a friend-of-the-court brief in two Supreme Court cases that deal with the Fair Sentencing Act of 2010 (FSA), which reduced the disparity between federal mandatory minimum sentences for crack versus powder cocaine from 100:1 to 18:1. As we’ve written before, this was a significant step in the direction of fairness.
By Elora Mukherjee, Staff Attorney, ACLU Racial Justice Program at 11:22am
On Friday, the ACLU settled a class action lawsuit, pending court approval, against officials in the East Texas town of Tenaha and Shelby County over the rampant practice of stopping and searching drivers, almost always Black or Latino, and often seizing their cash and other valuable property. The money seized by officers during these stops went directly into department coffers. It was highway robbery, targeting those who could least afford to challenge the officers’ abuse of power, under the guise of a so-called “drug interdiction” program and made possible by Texas’s permissive civil asset forfeiture laws.
By Ian Kysel, Aryeh Neier Fellow, ACLU Human Rights Program at 5:07pm
There are more than 80,000 people in solitary confinement in the United States. Last week, the widespread misuse and abuse of solitary confinement in jails and prisons across the country drew international condemnation when the Inter-American Commission on Human Rights criticized the United States following weeks of hearings on human rights practices across the Americas region.
As states begin to realize that they can reduce their prison populations safely, the pace of reform has begun to pick up a bit this year. State legislative sessions are coming to a close, which makes it a good time to review the actions lawmakers have taken to reduce their unsustainable prison populations in 2012. Here are the some of the legislative reform highlights:
Alabama
Faced with a system of overcrowded prisons and fearing the same sort of court order that forced California to reform its prison system, Alabama took an indirect route toward depopulating its prisons. The state passed SB 386 inMay, which will allow the Alabama Sentencing Commission to set sentencing guidelines for nonviolent crimes that judges would generally have to follow. Under the new law, the Commission can make sentencing changes for nonviolent crimes, which will take effect unless the legislature takes action to reject any such the changes. The Sentencing Commission, which is insulated from the electoral pressure to reject proposals to soften criminal sentences, may now be poised to take action to reduce prison sentences for nonviolent offenses.
In 1971, Richard Nixon declared a war, couched in terms that suggested that the onslaught of attacks would target and eliminate the presence of drugs in our country. But the so-called War on Drugs, it turned out, was given a deceiving title. Nixon had instead initiated a full-fledged war on the American people, one that has continued in full force for more than four decades, systematically targeting, punishing and marginalizing hundreds of thousands of our citizens – predominately people of color and in poverty. In recent years, critics of this misguided war have become increasingly vocal, spurring an outpouring of calls to end the government’s harmful, needless and costly battle on American citizens. Now, the tragic complexity of this failed war has been captured on film by director Eugene Jarecki in his award-winning documentary, The House I Live In, making its debut in theaters this Friday. The film compellingly documents the wasteful War on Drugs from numerous critical angles by bearing witness to the stories of prison guards and prisoners, judges and police officers, and the families left behind after their loved ones were thrown in prison.
