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 bars, our imprisonment rate is the highest it's ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discourse that we've spotted from the previous week. Check back weekly for our top picks.
By Chloe Cockburn, Advocacy and Policy Counsel, ACLU at 1:16pm
On November 18, 2009, Shukree Simmons, who is African-American, was driving with his business partner on the highway from Macon, Georgia, back to Atlanta after selling his cherished Chevy Silverado truck to a restaurant owner in Macon for $3,700 of sorely needed funds. As Mr. Simmons passed through Lamar County, he was pulled over by two patrol officers who stated no reason for the stop, but instead asked Mr. Simmons numerous questions about where he was going and where he had been, and even separated him from his business partner for extended questioning. The officers searched both people and the car, finding no evidence of any illegal activity. A drug dog sniffed the car and did not indicate the presence of any trace of drugs. Notwithstanding the total lack of evidence of criminal activity and Mr. Simmons’s explanation that he was carrying money from selling his truck, the officers confiscated the $3,700 on the suspicion that the funds were derived from illegal activity, pursuant to their authority under Georgia’s civil asset forfeiture law. Despite the fact that Mr. Simmons mailed his bill of sale and title for the truck to the officer, he was told over the phone that he would need to file a legal claim to get his money back.
By Chloe Cockburn, Advocacy and Policy Counsel, ACLU & Alex Stamm, ACLU Center for Justice at 4:51pm
Good news for criminal justice reform: the 2013 state legislatures have already introduced a number of impressive bills that build on the growing momentum of the last few years. If 2012 was notable for the number of major reforms that passed (see summaries here and here), then an early look at the crop of 2013 bills shows even more promise. While we may not see victories across the board on the bills currently moving though statehouses across the country, the clear message is that legislators are turning away from decades of cripplingly expensive and unjustly punitive incarceration policies and looking for alternatives.
Last night the Daily Show featured ACLU client Luis Lebron, a Navy veteran who refused to take the drug test required by the State of Florida for welfare applicants.
By Kara Dansky, Senior Counsel, ACLU Center for Justice & Sarah Solon, Communications Strategist, ACLU at 2:52pm
Nine-year-old Aiyana Jones was sleeping on the couch next to her grandmother when a SWAT team threw a “flashbang” through the window of her Detroit, Michigan home. The “flashbang” – a stun grenade originally developed for wartime raids – immediately set fire to Aiyana’s blanket. Seconds later, the SWAT team stormed through the door, and confused by the deafening and blinding effects of the “flashbang,” mistakenly shot Aiyana through the neck, killing her.
By Rebecca McCray, ACLU Criminal Law Reform Project at 2:16pm
Patricia Spottedcrow of Oklahoma made headlines in 2010 when she was sentenced to 12 years in prison for her first criminal offense: the sale of a $31 bag of marijuana to an undercover informant. The senseless severity of her sentence caught the attention of advocates who quickly moved to support Spottedcrow, spawning a grassroots uprising that led to a highly unusual decrease in her sentence and, ultimately, to her early release on parole.
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.”
By Meghan Groob, Media Relations Associate, ACLU at 3:11pm
It's a rare day in Washington when Sen. Rand Paul (R-Ky.) and Sen. Patrick Leahy (D-Vt.) agree on anything. So when I heard earlier this week that Paul and Leahy introduced a bill together that gives judges more discretion on mandatory minimum sentences, I had to check my calendar to make sure it wasn't April 1.
Even in today's hyper-partisan era, it seems there's at least one thing people on both sides of the aisle can agree on: our country's one-size-fits-all sentencing practices just don't make sense.
