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 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»
By Amy Fettig, ACLU National Prison Project at 12:43pm
Anthony Gay was sentenced to an incredible 97 years in prison for throwing feces out his food slot, behavior experts characterize as symptomatic for severely mentally ill people held in solitary confinement. Yesterday the ACLU joined the National Disability Rights Network, Mental Health America and many others in filing a friend-of-the-court brief in Gay's appeal, calling the sentence "an unconscionable and shocking criminalization of his mental illness."
The world got a glimpse this week into how the United States treats those we lock in solitary confinement, when the Inter-American Commission on Human Rights heard ACLU testimonies on how our treatment of vulnerable prisoners violates international human rights norms. The short story: we should be ashamed. For a more detailed picture, check back throughout the week for an ongoing blog series on the issue.
The United States has become a global outlier in its over-reliance on incarceration. Our soaring incarceration rates are, by now, a familiar statistic, expressed in any number of shocking formulas: the U.S. has less than 5 percent of the world’s population but over 25 percent of the world’s incarcerated people; the incarceration rate in the U.S. is four times the average for Western European countries; the U.S. incarcerates more people than South America, Central America and the Caribbean combined. In this era of mass incarceration, the racial disparities are staggering: one in four African-American children in the U.S. has grown up with a parent incarcerated.
By Ian Kysel, Aryeh Neier Fellow, ACLU Human Rights Program at 11:17am
Good news for kids in California who are locked in isolation in juvenile facilities: the state could effectively end the solitary confinement of youth in juvenile facilities this year. This desperately needed development comes care of Senator – and psychologist – Leland Yee of California, who introduced Senate Bill (SB) 61 last week. If passed, SB 61 would limit the use of solitary confinement of juveniles.
For 19-year-old Hugo Carrillo Escobedo, SB1070 is about more than just “showing your papers.” After “squealing” his tires, Hugo wound up in immigration detention for eight hours. Hugo’s story is particularly compelling because he was initially just given a citation for the traffic violation and immediately released. But the police officer later showed up at his house, saying: “Do you know about SB1070? If I don’t report you, I could lose my job.”
By Dan Zeidman, ACLU Washington Legislative Office at 5:51pm
Over the last 30 years, the population of the federal prison system has increased exponentially – nearly 800 percent – largely due to the overrepresentation of those convicted of drug offenses, many of whom are low-level and non-violent. Today, a record 218,000 people are confined within Federal Bureau of Prisons (BOP) operated facilities or in privately managed or community-based institutions and jails.
We can honor Dr. King's legacy by embracing his dream of equality for all people – regardless of race, creed or color. We can also make a decision to be of service – to take actions that improve our communities and, ultimately, our society.
Today a federal judge in Montgomery, Alabama entered a historic decision in the quarter-century-old fight for equality for prisoners living with HIV. It’s the culmination of a month-long trial in a class-action lawsuit by the ACLU that put Alabama’s discriminatory and dehumanizing treatment of prisoners with HIV under a national spotlight.
Driven by stubborn prejudice and willful ignorance, Alabama has been categorically excluding prisoners with HIV from a host of rehabilitative, educational, trade skills and vocational programs—even barring those with serious mental health needs and substance abuse problems from critically important treatment programs. Alabama houses them in HIV-only dormitories, and forces all male prisoners with HIV to wear a white wrist-band night and day—a latter-day yellow star.
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.
