By Ezekiel Edwards, ACLU Criminal Law Reform Project at 3:28pm
The Supreme Court ruled today that the Fair Sentencing Act of 2010 (FSA), which reduced the disparity in federal sentencing between crack and powder cocaine, applies to people whose offenses pre-date the law but who were sentenced after its passage. Read the opinion here.
The FSA was passed to correct the problems with the Anti-Drug Abuse Act of 1986, which created an unfair sentencing scheme that unequally punished comparable offenses involving crack and powder cocaine — two forms of the same drug – and resulted in racially biased sentencing. To remedy the fact that the 100:1 ratio was without penological or scientific justification, and that it resulted in black defendants suffering significantly harsher penalties than white defendants, Congress passed the FSA and reduced the ratio from 100:1 to 18:1. As we’ve written before, the new ratio is a step in the right direction, although the only truly fair and empirically sound ratio would be 1:1.
Two recent elections, a New York judge’s personal plea, a new state law and a new public opinion poll demonstrate that a seismic national shift has occurred in political attitudes toward medical marijuana. This cascade of developments dramatically illustrates just how far we’ve come since California became the first state to legalize medical marijuana in 1996, and it indicates that our collective compassion is eroding the once-ironclad political will to deny an effective medicine to our sick fellow citizens.
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 Michael Macleod-Ball, Chief of Staff, ACLU Washington Legislative Office at 7:31pm
The first spending bill for the new fiscal year that starts in October was adopted by the House of Representatives today after a week of wrangling. H.R. 5326 will provide funding for the Departments of Justice and Commerce as well as several science agencies – the so-called Commerce Justice Science (CJS) bill. If you listened to some in the majority, you would have thought the floor debate – which under an open rule allowed for unlimited amendments – provided a ripe opportunity for adding measures to cut spending, presumably the mantra in this time of fiscal austerity and Tea Party dominance. But some conservative writers, like those at Red State, note that cutting spending falls way down on the list of political priorities.
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.
Politicians over the last quarter-century have held strong to the conventional wisdom that being "tough on crime" will win elections and appease the public's appetite for safety. And for the most part, it seems Americans did feel this way (if you don't think so, just ask Michael Dukakis). To alleviate the public's overblown fear, or even to slake a thirst for retribution, our lawmakers have repeatedly deemed more private acts criminal and doled out harsher punishments for a generation. They selectively enforced these laws against the "feared" Black and brown communities, and in the end gave us a massive, unsustainable prison population unlike anything the world has ever seen.
Over 300 economists, including three Nobel Laureates, recently signed a petition that encourages the president, Congress, governors and state legislatures to carefully consider marijuana legalization in America. The petition draws attention to an article by Harvard economist Jeffrey Miron, whose findings highlight the substantial cost-savings our government could incur if it were to tax and regulate marijuana, rather than needlessly spending billions of dollars enforcing its prohibition.
Some readers may recall the story of Joseph Casias, the model employee who was fired from his job at Wal-Mart for using medical marijuana in accordance with state law. The ACLU was in court today to argue that an appeals court should reinstate a lawsuit we filed on Casias' behalf, charging Wal-Mart and the manager of its Battle Creek, Mich., store with wrongfully firing him.
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.
