Criminal Law Reform
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Arizona
Oct 2023
Criminal Law Reform
Racial Justice
Fund for Empowerment v. Phoenix, City of
Fund for Empowerment is a challenge to the City of Phoenix’s practice of conducting sweeps of encampments without notice, issuing citations to unsheltered people for camping and sleeping on public property when they have no place else to go, and confiscating and destroying their property without notice or process.
U.S. Supreme Court
Sep 2023
Criminal Law Reform
McElrath v. Georgia
Does the Double Jeopardy Clause bar an appellate court from reviewing and setting aside a jury’s verdicts of acquittal on the ground that the verdict is inconsistent with the jury’s verdict on other charges?
U.S. Supreme Court
Jun 2023
Criminal Law Reform
Pulsifer v. United States
This case involves the interpretation of a federal law that allows defendants to avoid mandatory minimum sentences for certain nonviolent drug crimes, allowing judges to impose sentences tailored to their individual circumstances.
Texas
Jul 2021
Criminal Law Reform
Prisoners' Rights
Sanchez et al v. Dallas County Sheriff et al
Decarceration has always been an emergency, a life and death proposition, but COVID-19 makes this effort intensely urgent. The ACLU has been working with our partners to litigate for the rights of those who are incarcerated and cannot protect themselves because of the policies of the institutions in which they are jailed.
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159 Criminal Law Reform Cases
Mississippi
Jan 2026
Criminal Law Reform
American Civil Liberties Union of Mississippi v. Rankin County District Attorney's Office
In 2023, public reporting revealed that a group of sheriff’s deputies in Rankin County, Mississippi, had been terrorizing the County’s residents for nearly two decades. The deputies, who called themselves the “Goon Squad,” used torture, violence, and other abusive practices to coerce confessions and extract or manufacture evidence. The Rankin County District Attorney’s Office (RCDAO), in turn, used the Goon Squad to prosecute people. Seeking to understand whether the RCDAO has taken any actions to address the Goon Squad’s misconduct since it became public, the ACLU of Mississippi and the Center for Constitutional Rights filed a public records request with the RCDAO. But the RCDAO refused to produce any documents other than a self-serving press statement. Accordingly, the ACLU’s State Supreme Court Initiative, along with the ACLU of Mississippi and the Center for Constitutional Rights, filed suit arguing that the RCDAO’s failure to produce responsive records violates the Mississippi Public Records Act.
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Mississippi
Jan 2026
Criminal Law Reform
American Civil Liberties Union of Mississippi v. Rankin County District Attorney's Office
In 2023, public reporting revealed that a group of sheriff’s deputies in Rankin County, Mississippi, had been terrorizing the County’s residents for nearly two decades. The deputies, who called themselves the “Goon Squad,” used torture, violence, and other abusive practices to coerce confessions and extract or manufacture evidence. The Rankin County District Attorney’s Office (RCDAO), in turn, used the Goon Squad to prosecute people. Seeking to understand whether the RCDAO has taken any actions to address the Goon Squad’s misconduct since it became public, the ACLU of Mississippi and the Center for Constitutional Rights filed a public records request with the RCDAO. But the RCDAO refused to produce any documents other than a self-serving press statement. Accordingly, the ACLU’s State Supreme Court Initiative, along with the ACLU of Mississippi and the Center for Constitutional Rights, filed suit arguing that the RCDAO’s failure to produce responsive records violates the Mississippi Public Records Act.
Massachusetts Supreme Court
Dec 2025
Criminal Law Reform
Commonwealth v. Arias
This case asks whether the stop, search, and arrest of an individual after a traffic stop was unconstitutional under the Massachusetts Declaration of Rights. The case arises from a remarkable set of facts: although motivated by a desire to search Mr. Arias’s car for drugs, the police initiated the stop based on a day-old alleged traffic infraction and then arrested Mr. Arias for allegedly neglecting to stop his car immediately when the police initiated the stop. The ACLU joined an amicus brief authored by the ACLU of Massachusetts and the law firm Proskauer Rose, which argues that the police actions in this case were unconstitutional for three reasons. First, pretextual traffic stops, such as this one, violate the Massachusetts Declaration of Rights. Second, arrests for misdemeanors not involving breaches of the peace also violate the Massachusetts Declaration of Rights. Third, the statute prohibiting drivers from neglecting to stop is unconstitutionally vague as applied to this case.
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Massachusetts Supreme Court
Dec 2025
Criminal Law Reform
Commonwealth v. Arias
This case asks whether the stop, search, and arrest of an individual after a traffic stop was unconstitutional under the Massachusetts Declaration of Rights. The case arises from a remarkable set of facts: although motivated by a desire to search Mr. Arias’s car for drugs, the police initiated the stop based on a day-old alleged traffic infraction and then arrested Mr. Arias for allegedly neglecting to stop his car immediately when the police initiated the stop. The ACLU joined an amicus brief authored by the ACLU of Massachusetts and the law firm Proskauer Rose, which argues that the police actions in this case were unconstitutional for three reasons. First, pretextual traffic stops, such as this one, violate the Massachusetts Declaration of Rights. Second, arrests for misdemeanors not involving breaches of the peace also violate the Massachusetts Declaration of Rights. Third, the statute prohibiting drivers from neglecting to stop is unconstitutionally vague as applied to this case.
Minnesota
Dec 2025
Criminal Law Reform
Osorio-Calderon v. Warden, FCI Sandstone
This case is about whether people unlawfully incarcerated beyond their mandatory transfer dates under the First Step Act can file habeas corpus petitions seeking their release from prison onto prerelease custody in the community.
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Minnesota
Dec 2025
Criminal Law Reform
Osorio-Calderon v. Warden, FCI Sandstone
This case is about whether people unlawfully incarcerated beyond their mandatory transfer dates under the First Step Act can file habeas corpus petitions seeking their release from prison onto prerelease custody in the community.
Massachusetts Supreme Court
Nov 2025
Criminal Law Reform
Comm. for Pub. Couns. Servs. v. Middlesex and Suffolk Dist. Cts.
For more than two decades, criminal defendants in Massachusetts have experienced a recurring counsel crisis, with defendants periodically going unrepresented due to low attorney compensation rates. Despite many opportunities, the Legislature has failed to raise rates high enough to remedy the constitutional violation. At present, the compensation rate for district court cases is $75 per hour. Consequently, in a case brought by the Committee for Public Counsel Services—the Massachusetts public defender agency—the ACLU of Massachusetts and the ACLU’s State Supreme Court Initiative filed an amicus brief urging the Court to hold that the statute setting attorney compensation rates is unconstitutional. This case has important implications for the right to counsel and access to justice in Massachusetts.
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Massachusetts Supreme Court
Nov 2025
Criminal Law Reform
Comm. for Pub. Couns. Servs. v. Middlesex and Suffolk Dist. Cts.
For more than two decades, criminal defendants in Massachusetts have experienced a recurring counsel crisis, with defendants periodically going unrepresented due to low attorney compensation rates. Despite many opportunities, the Legislature has failed to raise rates high enough to remedy the constitutional violation. At present, the compensation rate for district court cases is $75 per hour. Consequently, in a case brought by the Committee for Public Counsel Services—the Massachusetts public defender agency—the ACLU of Massachusetts and the ACLU’s State Supreme Court Initiative filed an amicus brief urging the Court to hold that the statute setting attorney compensation rates is unconstitutional. This case has important implications for the right to counsel and access to justice in Massachusetts.
Utah Supreme Court
Oct 2025
Criminal Law Reform
Civil Liberties
State v. Uptain
This case asks whether the trial record, without more, demonstrates that a defendant’s constitutional right to adequate legal representation has been violated, where the record reveals that the defendant’s attorney never sought to suppress the only incriminating evidence that the State had against them. The ACLU’s State Supreme Court Initiative and the ACLU of Utah filed an amicus brief arguing that the defendant's trial counsel in this case was indeed ineffective and that holding otherwise would undermine the right to effective assistance of counsel.
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Utah Supreme Court
Oct 2025
Criminal Law Reform
Civil Liberties
State v. Uptain
This case asks whether the trial record, without more, demonstrates that a defendant’s constitutional right to adequate legal representation has been violated, where the record reveals that the defendant’s attorney never sought to suppress the only incriminating evidence that the State had against them. The ACLU’s State Supreme Court Initiative and the ACLU of Utah filed an amicus brief arguing that the defendant's trial counsel in this case was indeed ineffective and that holding otherwise would undermine the right to effective assistance of counsel.