Blog of Rights

Senator Leahy Says “No” to Mandatory Minimums, But Will Congress Listen?

By Amshula Jayaram, ACLU Washington Legislative Office at 1:29pm

Taking issue with America’s position as the world’s largest jailer, Senator Patrick Leahy (D-VT) spoke to a group of Georgetown Law Students late last week about his vision for the Judiciary Committee’s agenda in the 113th Congress.  In a speech that covered a broad range of topics, from immigration the use of drones, Senator Leahy spent a great deal of time on a topic that increasingly impacts all of us: a criminal justice system seemingly fueled by an addiction to incarceration.

Breaking the Addiction to Incarceration: Weekly Highlights (1/4/2013)

By Alex Stamm, ACLU Center for Justice at 4:21pm

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.

Did President Obama Just Open the Window to Smart Criminal Justice Reform?

By Kara Dansky, Senior Counsel, ACLU Center for Justice at 3:35pm

As everyone who follows criminal justice policy knows, the last 40 years have witnessed an American correctional system dominated by tough-on-crime policies and unrelenting growth. Under this four-decade long regime, criminal justice reform has faced an unrelenting wall of resistance.

But there are signs that change is on the horizon.  State lawmakers, strapped for resources, have been forced to scrutinize proposals to increase their prison populations. And other issues, such as health care and immigration, have to some extent replaced fear of crime in the public discourse.

Groundbreaking Senate Hearing Shines a Light on the School-to-Prison Pipeline

By Deborah J. Vagins, ACLU Washington Legislative Office & Kimberly Humphrey, Washington Legislative Office at 10:23am

Tomorrow, the Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights will hold a landmark hearing entitled, Ending the School-to-Prison Pipeline. It is the first time a congressional panel will look at this disturbing national trend where children are pushed out of public schools and into the juvenile and criminal justice systems because of an overreliance on punitive school discipline policies.

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 4:56pm

 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.

The Reality of Federal Drug Sentencing

By Alex Stamm, ACLU Center for Justice at 4:53pm

Federal drug laws create a labeling problem. When you hear the term “drug trafficker,” you might think of Pablo Escobar or Walter White, but the reality is that under federal law, drug traffickers include people who buy pseudoephedrine for their methamphetamine dealer; act as middleman in a series of small transactions; or even pick up a suitcase for the wrong friend. Thanks to conspiracy laws, everyone on the totem pole can be subject to the same severe mandatory minimum sentences.

Senate Homeland Security Committee Misses the Mark with Statement on DHS “Fusion Center” Program

By Kara Dansky, Senior Counsel, ACLU Center for Justice at 2:35pm

Last week, the Senate Homeland Security Committee’s Subcommittee on Investigations issued a report criticizing the Department of Homeland Security for its failure to ensure proper oversight over state and local “fusion centers.”  Shortly thereafter, the committee issued a statement denouncing the report and lauding fusion centers as playing a “significant role in many recent terrorism cases.”

Border Patrol Must Stop Hiding the Truth About Its Uses of Force

By Chris Rickerd, ACLU Washington Legislative Office at 10:24am

Border Patrol agents work in dangerous situations which can lead to tragic consequences like the shooting death and wounding of agents in Arizona this week.  There is no justification for such violence targeting law enforcement officers.  Yet there is also a crisis regarding use-of-force by Customs and Border Protection that is severely damaging the agency’s integrity (CBP is the Border Patrol’s parent and includes officers who work at ports of entry).  The many recorded incidents of CBP fatalities and abuses demand a comprehensive, independent investigation of CBP policies and practices, as requested by members of Congress, the Inter-American Commission on Human Rights, and the Office of the United Nations High Commissioner for Human Rights.  A permanent, arm’s-length oversight commission for CBP must also be created.

What if Wisconsin Arrested Half as Many People for Marijuana Possession?

By Alex Stamm, ACLU Center for Justice at 2:35pm

Wisconsin and Minnesota are very similar states with very different approaches to marijuana possession. The two states have roughly the same number of people and similar demographics, but Wisconsin arrests twice as many people for marijuana possession. Which makes for an interesting question: what might happen if Wisconsin cut its marijuana possession arrests in half?

"Hands Off Our DNA" Lawsuit Gets Another Day in Court

By Michael Risher, Staff Attorney, ACLU of Northern California at 2:22pm

Last week the Ninth Circuit Court of Appeals said it would rehear the ACLU of Northern California's lawsuit challenging a California law that mandates that DNA is collected from anyone arrested on suspicion of a felony.