Blog of Rights

Treating Addiction as a Disease, not a Crime

By Rebecca McCray, ACLU Criminal Law Reform Project at 4:05pm
Like many who suffer from addiction, Cameron Douglas’ path to recovery has not been without setbacks. Currently incarcerated in federal prison on a five-year sentence for drug distribution and heroin possession, the 33-year-old son of actor Michael Douglas has struggled with substance abuse since his twenties. In December, Douglas made headlines when a federal judge sentenced him to Read More»

New Federal Standards Offer Unprecedented Protections to LGBTI Prisoners

By Leslie Cooper, LGBT Project at 2:25pm

Yesterday the Department of Justice (DOJ) released the long-awaited National Standards to Prevent, Detect, and Respond to Prison Rape. These standards – the first of their kind—create an historic opportunity to put an end to the epidemic of sexual abuse in prison, which disproportionately affects prisoners who are lesbian, gay, bisexual, transgender or have intersex conditions (LGBTI).

One Year Longer? Why Won’t DHS Protect Its Detainees under the Prison Rape Elimination Act Right Now?

By Chris Rickerd, ACLU Washington Legislative Office at 1:18pm

The Prison Rape Elimination Act was passed by a unanimous Congress in 2003, with regulations due by June 2010. It was clearly intended to cover all detainees, civil and criminal. Two years later, the Obama administration at last released the final implementing rules for PREA. Commendably, the Department of Justice reversed its prior position that PREA doesn’t cover all immigration detainees. Yet the Department of Homeland Security – despite an abysmal track record of preventing and investigating sexual abuse and assault in its facilities, which was recently exposed on PBS’s Frontline – got a 360-day extension on PREA compliance.

PREA Rule: DOJ Takes First Steps to Protect Prison Rape Victims

By Amy Fettig, ACLU National Prison Project at 12:05pm

Last Thursday’s release of the long-delayed national Prison Rape Elimination Act (PREA) regulations by the Department of Justice reminds us of the hundreds of prison rape victims we’ve heard from over the years who could not seek justice because the prison officials who failed to protect them were essentially immunized from liability by a 1996 federal law, the Prison Litigation Reform Act (PLRA). The announced purpose of the PLRA was to curb the filing of frivolous litigation by prisoners. In reality, the law makes it

The Shameful Index of Prison Rape - Action on PREA Can End the Violence

By Amy Fettig, ACLU National Prison Project & Jennifer Wedekind, National Prison Project at 4:29pm

Today the Department of Justice released the long-awaited Prison Rape Elimination Act (PREA) regulations, representing the first time that the federal government has issued national standards to help end sexual abuse in correctional facilities. The regulations are two years late and a lot of harm has been done in their absence, but now that they’ve finally been released they can help us protect important constitutional and human rights and ensure safe and fair correctional facilities that assist prisoners in rehabilitation rather than needlessly brutalizing them. The ACLU supports the Department’s efforts to protect and prevent sexual abuse in places of detention, although we regret that immigration facilities are not yet included in these standards.  

All Dressed Up and No Prison CEO To Debate

By David Shapiro, ACLU National Prison Project at 3:18pm

Last week, we challenged Damon Hininger, the head of Corrections Corporation of America – the world’s largest for-profit incarceration company – to a debate on the merits of prison privatization. Today, Mother Jones reported that the company is shrinking from the challenge.

16 and Solitary: Texas Jails Isolate Children

By Amy Fettig, ACLU National Prison Project & Matt Simpson, ACLU of Texas at 3:06pm

Imagine locking a teenager in a bathroom for an entire day, a week, a month, six months, a year, or longer. What would happen to that child? She would miss school. She wouldn't be able to exercise or burn off energy in a healthy way. She wouldn't be able to interact with other kids or adults. She would probably have a mental breakdown. She might even hurt herself. If a parent treated a child this way, most of us would agree that such actions would constitute child abuse. In Texas county jails — and the majority of jails across the country — such treatment is simply a matter of routine.

ACLU v. CCA: The Private Prison Debate Challenge

By David Fathi, National Prison Project & David Shapiro, ACLU National Prison Project at 3:37pm

Even as for-profit facilities lock up nearly 130,000 prisoners and take in billions of taxpayer dollars each year, these prisons remain shrouded in secrecy. The time has come for a robust public debate about the role of private prisons in our society.   

That’s why the ACLU just sent a letter to Damon Hininger, the head Corrections Corporation of America – the world’s largest private prison company – challenging him to a public debate on the merits of prison privatization. You can urge him to accept our invitation by taking action here.

This Week in Civil Liberties (5/4/2012)

By Rekha Arulanantham, ACLU at 4:41pm

What surveillance tool used by law enforcement could lead to nightmarish privacy infringement?

This week, the White House confirmed the existence of what program that has been kept secret by the CIA?

“Liking” on what social network is not protected by the First Amendment, according to a federal judge in Virginia?

Which state wants to replace one private prison contractor with another?

Which state is being sued by an ACLU affiliate for its discriminatory voter ID law?

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 2:34pm

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.