Sentencing Reform

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 4:28pm

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.

ACLU LENS: Supreme Court Rules Fairer Sentences Apply to More Drug Cases

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.

Blame Mass Incarceration on Sentencing Policies, not Mass Crime

By Inimai Chettiar, ACLU & Alex Stamm, ACLU Center for Justice at 5:16pm

Any competent explanation of why our prison population has grown by 700 percent since the early ‘70s will involve a number of factors, including changes in demographics and in the way prosecutors charge defendants. But new research confirms what sentencing reform advocates have been saying for years: we have so many more prisoners because we’re locking people up for longer than ever before.

Gov. Jindal Signs Parole Reform in Louisiana

By Marjorie Esman, ACLU of Louisiana at 5:52pm

Louisiana's prison crisis has been much in the news recently. Just a few days ago I posted about the terrible conditions and what the ACLU is doing to help alleviate the overcrowding and over-sentencing.

In that post I mentioned an ACLU-sponsored bill, House Bill 543, which would grant parole eligibility for nonviolent and non-sex offenders who have been sentenced to life without parole. These prisoners wouldn’t automatically be let out of prison – rather, they would have the chance to go before a parole board and prove that they are ready to re-enter society rather than spending the rest of their lives behind bars.

States Take Sizeable Steps in 2012 to End Overincarceration

By Inimai Chettiar, ACLU & Alex Stamm, ACLU Center for Justice at 3:48pm

As states begin to realize that they can reduce their prison populations safely, the pace of reform has begun to pick up a bit this year. State legislative sessions are coming to a close, which makes it a good time to review the actions lawmakers have taken to reduce their unsustainable prison populations in 2012. Here are the some of the legislative reform highlights:

Alabama

Faced with a system of overcrowded prisons and fearing the same sort of court order that forced California to reform its prison system, Alabama took an indirect route toward depopulating its prisons. The state passed SB 386 inMay, which will allow the Alabama Sentencing Commission to set sentencing guidelines for nonviolent crimes that judges would generally have to follow. Under the new law, the Commission can make sentencing changes for nonviolent crimes, which will take effect unless the legislature takes action to reject any such the changes. The Sentencing Commission, which is insulated from the electoral pressure to reject proposals to soften criminal sentences, may now be poised to take action to reduce prison sentences for nonviolent offenses.

What We’re Doing About Louisiana’s Prison Crisis

By Marjorie Esman, ACLU of Louisiana at 12:02pm

The Times-Picayune recently finished an exposé of the crisis in the Louisiana prison system. Louisiana has the highest rate of incarceration in the world, at enormous human and financial cost. In an eight-part series that later became the source of a column in the New York Times, the newspaper focused on both the political underpinnings and social consequences of incarcerating so many members of society.

Without a Card to Play, Texas Grandma Sentenced to Life Without Parole for First-Time Drug Offense

By Rebecca McCray, ACLU Criminal Law Reform Project at 10:04am

Texans can sleep more soundly at night knowing that Elisa Castillo, a grandmother and nonviolent first-time drug offender, is serving a life without parole sentence in Fort Worth. Yes, you read that right — the latest casualty of our War on Drugs is a grandmother who never even touched the drugs that sent her to prison. Though she may not look like public enemy No. 1, our persistently illogical criminal justice system has determined that this harsh punishment fits her crime. The truth, though, is that her fate was sealed, in large part because she didn't have a card to play when negotiating her sentence.

On the Agenda: Week of May 7-13, 2012

By Rekha Arulanantham, ACLU at 1:38pm

Congress is back, so we’re looking at a busy schedule this week.

As we mentioned last week, this Wednesday the House Armed Services Committee will mark up this year’s National Defense Authorization Act. We’re keeping a close eye on NDAA amendments, which could affect several diverse civil liberties issues, including LGBT rights, indefinite detention, reproductive rights, and military sexual trauma.

Breaking the Addiction to Incarceration: Weekly Highlights

By Alex Stamm, ACLU Center for Justice at 2:34pm

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.

Georgia Chooses Path Toward Criminal Justice Reform; Oklahoma Misses an Opportunity

By Vanita Gupta, Center for Justice & Inimai Chettiar, ACLU at 1:51pm

This year, both Georgia and Oklahoma took up criminal justice reform, but ended up in two quite different places.

In Georgia, Gov. Nathan Deal signed a bill this week that takes a smart approach to criminal justice. The new law creates less severe penalties for drug crimes, expands drug courts, and provides alternatives to incarceration for low-level, non-violent offenses. The package is projected to save taxpayers hundreds of millions of dollars over the next five years by reducing the prison population.

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