American Civil Liberties Union

Our constitution is meant to safeguard against government abuses of power. But all too often, the rights of those involved in the criminal justice system are compromised or ignored. The ACLU works to reform the criminal justice system and make the promise of fair treatment a reality for all people. >> More about the ACLU's Criminal Justice work.


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The Bill of Rights covers all Americans, including suspects, defendants, offenders and prisoners. Many of the protections also apply to those living on American soil as immigrants, documented and undocumented. All too often, the rights of those involved in the criminal justice system are compromised or ignored. Disempowered low-income communities of color are especially vulnerable to such abuses because they are targeted by the war on drugs, racial profiling and other discriminatory policies and practices. The ACLU is working to reform the criminal justice system and make the promise of fair treatment a reality for all people.

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Capital Punishment Project >>
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Criminal Justice : General : Press Releases view all

Court-Ordered Emergency Action Needed to Address New York State’s Unconstitutional Public Defense System, NYCLU Charges (03/27/2008)
The New York Civil Liberties Union today filed a request for immediate emergency relief to address New York State’s broken public defense system.

Advocates Stand Together for Fairness in Federal Sentencing (02/26/2008)
Washington, DC – On Tuesday, February 26, activists from around the country, civil rights and professional organizations stood together to call for much-needed reform to the country’s federal sentencing laws. This press briefing and lobby event marked the culmination of a month-long series of events aimed at addressing the 20-year-old sentencing disparity between crack and powder cocaine. According to current guidelines, a conviction for the sale of 500 grams of powder cocaine results in a 5-year mandatory minimum sentence, while the same penalty is triggered for sale or possession of only 5 grams of crack cocaine.

ACLU Cheers USSC Decision to Apply New Drug Sentencing Guidelines Retroactively (12/11/2007)
Washington, DC – The American Civil Liberties Union today applauded the U.S. Sentencing Commission’s decision to apply recent changes in federal crack cocaine sentencing guidelines retroactively. Thousands of offenders were sentenced under the previous guidelines, which unfairly and erroneously required them to serve more than the mandatory minimum sentence required by law. Thanks to the USSC’s decision, such offenders will now have the opportunity to appear before the court and have their case reviewed by a judge.

ACLU, Rep. Bobby Scott Call for Multi-front Steps to Ending Youth Violence (11/28/2007)
RICHMOND, Va. – A group of advocates, including the American Civil Liberties Union, joined Representative Bobby Scott (D-VA) today to call on the Virginia community, as well as political and law enforcement leaders, to end the school-to-prison pipeline, the trend of increasingly funneling young people from the school system to the criminal justice system. Panelists discussed Rep. Scott’s Youth PROMISE Act as part of an alternative, focusing on preventing young people from committing crimes and joining gangs rather than just relying on the criminal justice system to punish youths who have broken the law.

New York State Failing its Constitutional Duty on Public Defense (11/08/2007)
New York State is failing in its constitutional duty to provide effective counsel to New Yorkers accused of crimes who cannot afford to pay private lawyers, according to a landmark lawsuit filed today by the New York Civil Liberties Union and the law firm of Schulte Roth & Zabel LLP.

Criminal Justice : General : Publications

Sample of Publications (12/17/2002)

Criminal Justice : General : Legal Documents view all

Craig v. State of Minnesota - ACLU Amicus (09/17/2007)

Simmonds v. New York City Department of Corrections Complaint (07/13/2006)
Simmonds v. New York City Department of Corrections Complaint

ACLU v. DoD, Second Amended Declaration of Richard B. Myers (pt 1) (08/29/2005)

ACLU v. DoD motion to vacate protective order and for access to papers filed by the government (08/11/2005)

ACLU Amicus Brief in U.S. v. Patane (09/19/2003)

Criminal Justice : General : Legislative Documents view all

ACLU Letter to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security Regarding DNA Collection During Arrest (04/17/2008)

Justice Roundtable Coalition Letter to Senate Urging Support of The Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (S.1711) (02/15/2008)
We are part of the Justice Roundtable, a network of advocacy organizations that shares common goals toward rational reform of the U.S. criminal justice system. Although some of us have already forwarded individual letters to you, we write at this time to provide a collective voice on the critical issue of crack cocaine sentencing reform. We applaud the bipartisan recognition that the mandatory minimum statutes treating one gram of crack cocaine the same as 100 grams of powder cocaine must be corrected.

ACLU Letter to House Members Urging Support of Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (02/04/2008)
On behalf of the American Civil Liberties Union (ACLU), a non-partisan organization with hundreds of thousands of activists and members and 53 affiliates nationwide, we urge you to co-sponsor and support H.R.4545, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 which would eliminate the unjust and discriminatory 100 to 1 disparity between crack and powder cocaine sentences in federal law.

The ACLU Urges Members of Congress to Co-Sponsor and Support the End Racial Profiling Act of 2007 (01/16/2008)
On behalf of the American Civil Liberties Union (ACLU), a non-partisan organization with hundreds of thousands of activists, members and 53 affiliates nationwide, we strongly urge you to co-sponsor the End Racial Profiling Act of 2007 (ERPA). Senator Russ Feingold (D-WI) and Representative John Conyers (D-MI) will introduce ERPA on Wednesday, December 12th and we encourage you to sign on to the bill as an original co-sponsor.

ACLU Letter Opposing Senator Kyl’s Proposed Amendments to S. 431, Keeping the Internet Devoid of Sexual Predators (“KIDS”) Act and S. 1829, Protect our Children First Act of 2007 (01/16/2008)
On behalf of the American Civil Liberties Union (ACLU) and its 53 affiliates, we write in opposition to all of the amendments being offered by Senator Kyl during the Senate Judiciary Committee mark up of S. 431 and S. 1829 on December 13. The reasons for our opposition to these amendments are explained below.

Criminal Justice : General : Resources view all

Report by the Constitution Project, "Balancing Act - Legislative Power and Judicial Independence" (09/27/2004)

Sample of Resources (12/17/2002)

10 Reasons to Oppose "3 Strikes, You're Out" (03/17/2002)

Links to Other Criminal Justice Sites (03/12/2002)

The Bill of Rights: A Brief History (03/04/2002)
In the summer of 1787, delegates from the 13 states convened in Philadelphia and drafted a remarkable blueprint for self-government -- the Constitution of the United States. The first draft set up a system of checks and balances that included a strong executive branch, a representative legislature and a federal judiciary.

Criminal Justice : General : Fact Sheets

Know Your Rights: Pregnancy-Related Health Care in Prison or Jail (08/16/2006)
Information on inmates' right to pregnancy-related care while incarcerated.

Sample of Fact Sheets (12/17/2002)

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