This week, a college in Missouri broke the law and violated the Fourth Amendment rights of its students. Linn State Technical College became the first public institution of higher learning to implement mandatory drug testing of all new students, as well as those returning from extended leaves of absence.
By Carol Rose, Executive Director, ACLU of Massachusetts at 4:16pm
The mandatory-sentencing bill that Gov. Patrick said today he will sign should have been better, but could have been worse. The ACLU of Massachusetts opposed this bill because it takes our justice system in the wrong direction, expanding unjust, wasteful mandatory sentencing and depriving judges of the ability to depart from required mandatory maximum sentences for so-called 'habitual offenders'.
U.S. Drug Czar Gil Kerlikowske has his work cut out for him. A revealing recent interview suggests he favors a more treatment-based approach to drug policy than his predecessors, but he has no illusions about the daunting task of de-stigmatizing addiction and aligning America’s drug policies with the extensive evidence that a public health approach will serve our country far better than the failed War on Drugs. It’s great that the national discussion about drug use and addiction is changing course, even among high-powered folks like Kerlikowske, but our laws and practices have many miles to go to catch up with the trends in conversation. Fifty percent of our federal prisoners – and almost 20 percent of state prisoners – are incarcerated for drug offenses. And this isn’t just cracking down on “hard” drugs - Marijuana arrests accounted for more than half of all drug arrests in 2010. All of this has a disproportionate and devastating impact on Black Americans, who are three times more likely to be arrested for a marijuana offense even though whites use marijuana at a higher rate. So the question is: can the Office of National Drug Control Policy (ONDCP) follow through on Kerlikowske’s newfound enlightenment?
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 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.
By Rebecca McCray, ACLU Criminal Law Reform Project at 3:29pm
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’ll 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
June 2011 marked the 40th anniversary of President Richard Nixon's declaration of a "war on drugs" — a war that has cost roughly a trillion dollars, has produced little to no effect on the supply of or demand for drugs in the United States, and has contributed to making America the world's largest incarcerator. Throughout the month, we’ve run daily posts about the drug war, its victims and what needs to be done to restore fairness and create effective policy.
Today, we got some encouraging news: the U.S. Sentencing Commission voted to retroactively apply the new Fair Sentencing Act guidelines to individuals sentenced before the law was enacted. This decision will help ensure that over 12,000 people — 85 percent of whom are African-Americans — will have the opportunity to have their sentences for crack cocaine offenses reviewed by a federal judge and possibly reduced.
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.
