By her thirteenth birthday, Barbara Hernandez had lived with an abusive, alcoholic father and been molested by her mother’s second husband. At fifteen, Barbara dropped out of school and moved in with her boyfriend James, who beat her and coerced her into prostitution. Barbara’s life with James had taught her that she had two choices: obey him or face physical abuse. So when James instructed her to buy him a knife and lure a man into their home, Barbara obeyed. While she was in another room, James stabbed the man to death. Despite Barbara’s youth, troubled background, and the fact that she did not physically commit the crime, Barbara was tried as if she were an adult and received the harshest sentence possible in the State of Michigan, life without the possibility of parole. She was just sixteen, and about to spend the rest of her life in prison. In Barbara’s words, she was sentenced to a “long slow death.”
For the past two years, the ACLU and the Southern Poverty Law Center have been investigating and exposing a horrifying pattern of abuse against juveniles and the mentally ill in two Mississippi prisons operated by the GEO Group, one of the biggest for-profit prison operators in the world.
An editorial in yesterday's USA Today takes a hard look at the recent push to drug-test applicants for public assistance across the country. The verdict? "Until states can come up with a smarter way to ferret out the abusers while protecting children, the testing craze will be just another program that appeals to stereotypes in hard economic times while producing little value in the real world."
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.
By Jesselyn McCurdy, ACLU Washington Legislative Office at 2:54pm
The U.S. Sentencing Commission is in the process of determining the issues that it will prioritize 2013. The commission embarks on this process every year and invites the public to suggest what it thinks the commission should concentrate its efforts on for the upcoming year.
While there is nothing new about the commission prioritizing tasks such as drafting sentencing guidelines for newly enacted legislation, what is new this year is that both the ACLU and the Department of Justice (and likely other organizations) have identified the growing crisis of the federal prison population as a priority that the commission should focus attention on.
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.
A recent study from the Center on Juvenile and Criminal Justice (CJCJ) demonstrates that decriminalization of marijuana can actually improve our children’s futures while saving taxpayers billions of dollars.
In 2011, Senate Bill 1449 was implemented, which reduced the punishment for simple marijuana possession from a misdemeanor criminal offense to a civil infraction punishable by a fine of no more than $100. Data from the California Department of Justice’s Criminal Justice Statistics Center for 2011 reveals an impressive 20 percent decrease in overall youth arrests in the state compared to the previous year, and a 60 percent decrease in marijuana arrests. The CJCJ analysis determined that the “largest contributor to [the overall] decrease was a drop of 9,000 in youths’ low-level marijuana possession arrests” since the passage of SB 1449.
The right to peacefully assemble, enshrined both in the U.S. Constitution and international human rights law, is an intrinsic element of the democratic fabric of the United States. Yet according to a report released Friday by the Organization for Security and Cooperation in Europe (OSCE), an international organization of which the U.S. is a member, America is failing to uphold this fundamental right. The report is the first comprehensive OSCE report on violation of the right to freedom of peaceful assembly that covers the U.S.
