Blog of Rights

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.

The Bittersweet Victory of Patricia Spottedcrow’s Release

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.

Breaking the Addiction to Incarceration: Weekly Highlights (12/14/2012)

By Alex Stamm, ACLU Center for Justice at 3:56pm

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.

Vermont Supreme Court Agrees with the ACLU on Electronic Search Limits

By Dan Barrett, Staff Attorney, ACLU of Vermont, ACLU of Vermont at 12:20pm

The Vermont Supreme Court gave electronic privacy a big boost this morning when it approved restrictions placed upon police when conducting searches of electronic devices.

The case originated when police in Burlington, Vermont were investigating a report of a person applying for credit cards online using someone else's identity. Once the police narrowed the investigation to a street address where they thought the perpetrator might live, they asked a judge to issue a search warrant for “all computers or electronic media” located in the house—even though the house had multiple residents.

Project Liberty Takes on Indigent Defense

By Lauren Alexander, ACLU of New York at 11:19am

Project Liberty, the New York Civil Liberties Union very own television show, is back and broadcasting across New York State. Our fourth episode highlights the NYCLU’s relentless fight to guarantee that New York’s criminal justice system respects the rights of all New Yorker’s, not just those who can afford their own Johnny Cochran.  

This episode marks five years since we filed Hurrell-Haring v. State of New York – our landmark, class-action lawsuit challenging New York’s failed system for providing effective legal counsel to poor people accused of crimes.

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.

The Incomplete Story Told by California’s Declining Juvenile Arrest Rates

By Will Matthews, ACLU of Northern California & Rebecca McCray, ACLU Criminal Law Reform Project at 2:20pm

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.

Washington’s Marijuana Law Is Part of Reforming the Criminal Justice System

By Mark Cooke, ACLU of Washington & Doug Honig, ACLU of Washington at 4:14pm

Voters in Washington state, along with those in Colorado, made history on Election Day by passing laws that legalize, tax, and regulate marijuana for adults 21 and over. Washington's law, Initiative 502 (I-502), passed with an 11-point margin, sending a clear message that the public is ready for a change in policy.

As of today, possession of an ounce or less of marijuana is legal under Washington state law. During a year-long rulemaking process that will end next December, the State Liquor Control Board will create a tightly regulated system that licenses the production, processing, and selling of marijuana. Marijuana will be sold in standalone stores very similar to Washington’s old hard alcohol stores. Private entities licensed by the state will produce, process, and sell marijuana, and it will be taxed at each step along the way.

California Attorney General: Immigration Detainers are Voluntary

By Jennie Pasquarella, ACLU of Southern California & Julia Harumi Mass, ACLU of Northern California at 2:14pm

 

For the first time, California Attorney General Kamala Harris publicly weighed in on the hotly-contested federal immigration program, Secure Communities (S-Comm).

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.