Overincarceration

"Tough on Crime" No Longer the American Mantra?

By Inimai Chettiar, ACLU & Alex Stamm, ACLU Center for Justice at 4:35pm

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.

Needed in Immigration Overhaul: Counsel and Alternatives to Incarceration

By Kimberly Humphrey, Washington Legislative Office at 12:13pm

Imagine that you are a lawful resident married to a U.S. citizen serviceman who is deployed overseas, and you are looking for a job to help support your family. You find one, but unbeknownst to you, your employer, aiming to expedite the hiring process, checks the "citizen" box on the application, a box that you correctly left blank. After audit, you are accused of making a false statement of citizenship status, which could provide grounds for mandatory deportation. Imagine that the allegation is never substantiated and you are never given the opportunity to explain the circumstances, but you are banished from the U.S. and from your family. Well – you don't have to imagine all this since it's a true account shared by Margaret D. Stock, Lt. Col. (Ret.) and counsel at Lane Powell, at a congressional briefing organized last month by the ACLU. Her client was forced to return to her country of origin and separated from her husband while he put his life on the line for the freedoms we enjoy.

Breaking the Addiction to Incarceration: Weekly Highlights (1/4/2013)

By Alex Stamm, ACLU Center for Justice at 4:21pm

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.

California Attorney General: Immigration Detainers are Voluntary

By Jennie Pasquarella, ACLU of Southern California & Julia Harumi Mass, ACLU of Northern California at 2:14pm

 

For the first time, California Attorney General Kamala Harris publicly weighed in on the hotly-contested federal immigration program, Secure Communities (S-Comm).

Debt Collectors Aren’t Prosecutors and Shouldn’t Pretend to Be

By Kara Dansky, Senior Counsel, ACLU Center for Justice at 12:02pm

According to a recent New York Times article, prosecutors and debt collectors are working together to threaten bad check writers with jail, even when no crime has been committed.

Here’s how it works.  Someone writes a check to a merchant such as Wal-Mart (whether the person intends to defraud the merchant is irrelevant). The check bounces.  The person then receives a letter signed by the local district attorney, on official letterhead, stating that the person can be sent to jail unless he or she agrees to pay the amount of the check, plus fees, plus the cost of a “financial accountability” class. The person is not informed that the letter is actually sent by a debt collection company or that no one at the district attorney’s office has reviewed the case.  If the person agrees to take the class, the class participation fee is split between the debt collection company and the district attorney’s office.

Federal Prisons Busting at the Seams: Sentencing Commission Should Prioritize Growing Prison Population

By Jesselyn McCurdy, ACLU Washington Legislative Office at 2:54pm

The U.S. Sentencing Commission is in the process of determining the issues that it will prioritize 2013. The commission embarks on this process every year and invites the public to suggest what it thinks the commission should concentrate its efforts on for the upcoming year.

While there is nothing new about the commission prioritizing tasks such as drafting sentencing guidelines for newly enacted legislation, what is new this year is that both the ACLU and the Department of Justice (and likely other organizations) have identified the growing crisis of the federal prison population as a priority that the commission should focus attention on.

"Forgiveness Means Giving Up All Hope for a Better Past."

By David A. Moss at 12:21pm

June 2011 marks 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, check back daily for posts about the drug war, its victims and what needs to be done to restore fairness and create effective policy.

Louisiana to Vote on Parole for Elderly Prisoners Friday

By Sam Ritchie, ACLU at 5:38pm

On Friday, Louisiana’s H.B. 138, which would give inmates age 60 and older the right to have a hearing before a parole board to determine whether they could be safely released, heads to the Senate floor. This bill addresses an ongoing problem in Louisiana and across the nation: A growing geriatric population in our prisons, most of whom pose little to no risk to public safety, and cost taxpayers three times as much to imprison, on average, as younger inmates. Louisiana’s House of Representatives has already voted 65-25 in favor the bill.

Why Do We Keep Building Needless Prisons?

By Amy Fettig, ACLU National Prison Project at 4:30pm

Why are the Feds spending $250 million in taxpayer dollars to build an unnecessary and counter-productive prison for women in rural Aliceville, Alabama? 

As the New York Times pointed out recently, most women in federal Bureau of Prisons (BOP) custody are incarcerated for non-violent offenses; over half of them have minor children. Many of these women do not need to be incarcerated in order to protect public safety. Locking them up hundreds of miles away from their families, children and communities is exactly the wrong step to take if we want them to re-enter society successfully. Decades of research demonstrates the success of policies that keep prisoners near their homes – and for women especially, concern for their children is most often cited as a prime motivator for successful rehabilitation. 

Long Island Should Break its Addiction to Incarceration

By Eric Balaban, ACLU National Prison Project & Corey Stoughton, NYCLU at 12:27pm

The issue of over-incarceration in America is gaining traction among state and local law makers – but not, apparently, on Long Island. The New York Civil Liberties Union recently sued Nassau and Suffolk counties, home to the Hamptons’ beach clubs and million-dollar estates, over squalid, life-threatening conditions at their jails.

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