Blog of Rights

It’s Time to Value Public Safety over Revenge

By Mike Tartaglia, Paralegal, National Prison Project & Andrew Waks, National Prison Project at 5:31pm

As America’s prison population has grown to unprecedented levels and imposed record-high costs on taxpayers, it is time to evaluate what we hope to achieve through incarceration: is it revenge, or safety? The two values appear to be in conflict as objectives of our criminal justice system. After decades of tough-on-crime policies, we have experienced little return on our investment— as rates of incarceration have continued to rise, rates of recidivism have increased since the early 1980s, remaining relatively unchanged from the mid-1990s through the present.

Solitary Confinement: “More broken than when they went in”

By Alisa Roth, ACLU at 10:54am

Joe Giarratano is hardly a typical prisoner: he’s been involved in two Supreme Court cases; he’s been published in the Yale Law Journal; and he’s taught a class on non-violence, all while locked up in some of the toughest prisons in the country.

But like tens of thousands of others, Giarratano has also spent time in solitary confinement.

Giarratano shared his story in a letter, which you can read here. This is how he described his first stint in “The Box,” in 1996:

$4.1 Million Settlement Puts Jails on Notice: Shackling Pregnant Women is Unlawful

By Amy Fettig, ACLU National Prison Project at 5:52pm
Every year in the United States babies are born to women who are literally in chains – shackled to their delivery beds even in the act of labor. Thankfully, there is hope that this long-hidden and terrible practice – and the legacy of pain, humiliation and harm its causes mothers and children – will soon be eradicated from jails, prisons and detention centers across the country.
 
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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.