Washington Markup

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.

Interrupting the Violence

By Dan Zeidman, ACLU Washington Legislative Office at 12:00pm

Across the country, states are working to reform their juvenile justice systems in order to emphasize youth rehabilitation and violence prevention.  Just this past Thursday, the Special Council on Criminal Justice Reform for Georgians – which was created by Gov. Nathan Deal – held its first meeting and discussed its top priority of crafting a juvenile justice reform bill.  In order to draft the reform legislation, the panel is looking at states such as Texas and Ohio, which have been able to reform their juvenile justice systems and reduce the number of children they incarcerate by, in part, emphasizing alternatives to incarceration for youth and, when appropriate, reducing the amount of time children spend in prison.  These changes have played a significant role in reducing the states’ juvenile prison populations and saving scarce taxpayer dollars while maintaining public safety.  

On the First Anniversary of Wal-Mart v. Dukes: Stand Up or Be Trampled

By Deborah J. Vagins, ACLU Washington Legislative Office at 10:27am
Image above: Betty Dukes with Senator Al Franken. The author, Deborah Vagins, to the immediate right, joined by coalition partners.

Over a decade ago, I had the great honor to be part of a team representing Betty Dukes, an employee at Wal-Mart who had received unfair treatment at her job and had decided to do something about it. Betty soon became the face of a large class of women who worked at Wal-Mart and faced similar types of discrimination in the workplace. These women banded together, from all across the country, to take on sex discrimination at one of the world’s largest employers—and through it all, Betty Dukes remained at the forefront fighting for justice. “In this life,” said Betty, “you have to stand up or be trampled.”  The ACLU co-authored a brief before the Supreme Court, joined by a large number of civil rights groups, highlighting the gender stereotypes that the women were banding together to challenge.

ENDA Is Good, Could Be Even Better

By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 5:04pm

On Tuesday, the Senate Committee on Health, Education, Labor and Pensions held an important hearing on workplace discrimination experienced by those who are or perceived to be lesbian, gay, bisexual, or transgender (LGBT). The hearing addressed the need for federal legislation, the Employment Non-Discrimination Act (ENDA), to create uniform protections for LGBT people in the workplace.   The sad reality remains that it is legal to fire or refuse to hire workers based on sexual orientation in 29 states and gender identity in 34 states.

Manufacturing a “Black Separatist” Threat and Other Dubious Claims: Bias in Newly Released FBI Terrorism Training Materials

By Michael German, Senior Policy Counsel, ACLU Washington Legislative Office at 1:31pm

In a throwback to the J. Edgar Hoover-era COINTELPRO investigations targeting civil rights and anti-war activists, the FBI is now training its agents to be on the lookout for "Black Separatist" terrorists, according to FBI training materials released today by the ACLU. These new disclosures, obtained through Freedom of Information Act litigation, are the latest in a growing flood of FBI training materials that include factually flawed and biased information.

Seeing Is Believing: Bipartisan Criminal Justice Reform Is Possible

By Jennifer Bellamy, Washington Legislative Office & Dan Zeidman, ACLU Washington Legislative Office at 6:38pm

In 2009, Terry Collins, then Director of the Ohio Department of Rehabilitation and Correction, explained, “We are at a critical and urgent stage. If current trends continue, our research indicates the population will reach nearly 60,000 inmates by 2018. I can tell you today, just to build beds to get us to 100 percent  capacity would cost us roughly $1 billion dollars, and that does not include the operational funding. Common sense sentencing reform says we must change and understand that some people can be punished and held accountable for their actions without being placed behind prison fences.”

It's Not About the Money – Spending vs. Ideology in Congress

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.

United in the Fight: Sen. Durbin to Hold Hearing on Racial Profiling in America

By Kimberly Humphrey, Washington Legislative Office at 5:27pm

At this point, most know the story of Trayvon Martin, a 17-year-old who died from a fatal gunshot wound on Feb. 26 in Sanford, Fla. The tragic story has garnered national attention, bringing to light valuable questions about the role of race and stereotypes in law enforcement practices. More than a month later, the controversy continues to brew.

Lampooning Immigration Jails While Exploiting the War on Women: Does the House Immigration Subcommitee Have Any Standards of Decency?

By Chris Rickerd, ACLU Washington Legislative Office at 2:20pm

This afternoon, the House Judiciary Subcommittee on Immigration Policy and Enforcement is holding a hearing called "Holiday on ICE: The U.S. Department of Homeland Security's New Immigration Detention Standards." (webcast here, ACLU statement here). The hearing's title and premise insult the U.S. Constitution by denigrating Immigration and Customs Enforcement's belated attempt to introduce basic, constitutionally required standards of care for the nearly 400,000 people held annually in immigration detention facilities. These men and women are detained for alleged civil, not criminal, immigration violations; many of them have U.S. citizen children and other relatives.

Chance at Freedom: Retroactive Crack Sentence Reductions For Up to 12,000 May Begin Today

By Jesselyn McCurdy, ACLU Washington Legislative Office at 2:11pm

Today, Hamedah Hasan can finally apply for her freedom.

Hamedah has been locked up for 18 years serving a prison sentence she never deserved.

When she was 21 years old, she and her two daughters escaped an abusive relationship to live with her cousin. Feeling indebted to this cousin, who was involved in dealing crack cocaine, she agreed to run various errands and transfer money. Though Hamedah never used drugs herself, she was later indicted and convicted for conspiracy to distribute crack cocaine. Despite a previously clean record, the judge had no choice but to issue a life sentence, due to mandatory minimums for crack cocaine and the mandatory sentencing guidelines then on the books.