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
Tennessee Supreme Court
Sep 2025
Criminal Law Reform
Prisoners' Rights
State v. Bishop
This case presents two questions: first, whether, under the Fourth Amendment to the U.S. Constitution and Article I, section 7 of the Tennessee Constitution, Union City Police Department officers possessed probable cause to conduct a warrantless search of the defendant’s vehicle based exclusively on the alleged odor of cannabis, and second, whether the Court of Appeals had jurisdiction to overturn the defendant’s conviction. The ACLU’s Criminal Reform Legal Project and State Supreme Court Initiative, along with the ACLU of Tennessee filed an amicus brief arguing first, that after Tennessee’s legalization of hemp in 2019, an officer’s alleged detection of the odor of cannabis is insufficient to establish probable cause to conduct a warrantless search of a vehicle in Tennessee, and second, that the court of appeals improperly held that it lacked jurisdiction to overturn the defendant’s conviction.
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Tennessee Supreme Court
Sep 2025
Criminal Law Reform
Prisoners' Rights
State v. Bishop
This case presents two questions: first, whether, under the Fourth Amendment to the U.S. Constitution and Article I, section 7 of the Tennessee Constitution, Union City Police Department officers possessed probable cause to conduct a warrantless search of the defendant’s vehicle based exclusively on the alleged odor of cannabis, and second, whether the Court of Appeals had jurisdiction to overturn the defendant’s conviction. The ACLU’s Criminal Reform Legal Project and State Supreme Court Initiative, along with the ACLU of Tennessee filed an amicus brief arguing first, that after Tennessee’s legalization of hemp in 2019, an officer’s alleged detection of the odor of cannabis is insufficient to establish probable cause to conduct a warrantless search of a vehicle in Tennessee, and second, that the court of appeals improperly held that it lacked jurisdiction to overturn the defendant’s conviction.
New York
Sep 2025
Criminal Law Reform
United States v. Maiorana
On May 16, 2025, the ACLU, NYCLU, and Executives Transforming Probation and Parole (EXiT) filed an amicus brief in the Second Circuit Court of Appeals, arguing that the federal government cannot impose blanket, burdensome supervised release rules during sentencing without telling the defendant.
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New York
Sep 2025
Criminal Law Reform
United States v. Maiorana
On May 16, 2025, the ACLU, NYCLU, and Executives Transforming Probation and Parole (EXiT) filed an amicus brief in the Second Circuit Court of Appeals, arguing that the federal government cannot impose blanket, burdensome supervised release rules during sentencing without telling the defendant.
Oregon Supreme Court
Sep 2025
Criminal Law Reform
Privacy & Technology
State v. Kern
This case presents the question whether Oregonians retain a state constitutional privacy interest in their medical records, even when those records are held by health care providers. It could have important implications for patients who obtain abortions, gender-affirming care, and other health care that might be targeted by local or out-of-state law enforcement.
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Oregon Supreme Court
Sep 2025
Criminal Law Reform
Privacy & Technology
State v. Kern
This case presents the question whether Oregonians retain a state constitutional privacy interest in their medical records, even when those records are held by health care providers. It could have important implications for patients who obtain abortions, gender-affirming care, and other health care that might be targeted by local or out-of-state law enforcement.
Alabama Supreme Court
Aug 2025
Criminal Law Reform
Jennings v. Smith
This case asks whether Alabama law enforcement officers can demand physical ID when enforcing an Alabama that allows them to “Stop and Question” people they reasonably suspect of criminal activity. Although the U.S. Court of Appeals for the Eleventh Circuit has already held that Alabama’s stop-and-question law does not authorize officers to demand physical ID, a federal district court in Alabama certified a question to the Alabama Supreme Court effectively asking the Court to reject that interpretation. The ACLU’s State Supreme Court Initiative, along with the Cato Institute, the Southern Poverty Law Center, the Woods Foundation, and Kaplan Legal Services, filed an amicus brief urging the Alabama Supreme Court to agree with the Eleventh Circuit’s ruling. Our brief argues that the plain meaning of the stop-and-question law—given its title, its text, and the overall structure of the Alabama Code—rules out the possibility that it authorizes demands for physical documents. We also point out that interpreting the stop-and-question law to authorize document demands would render the law unconstitutional under both the U.S. and Alabama Constitutions.
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Alabama Supreme Court
Aug 2025
Criminal Law Reform
Jennings v. Smith
This case asks whether Alabama law enforcement officers can demand physical ID when enforcing an Alabama that allows them to “Stop and Question” people they reasonably suspect of criminal activity. Although the U.S. Court of Appeals for the Eleventh Circuit has already held that Alabama’s stop-and-question law does not authorize officers to demand physical ID, a federal district court in Alabama certified a question to the Alabama Supreme Court effectively asking the Court to reject that interpretation. The ACLU’s State Supreme Court Initiative, along with the Cato Institute, the Southern Poverty Law Center, the Woods Foundation, and Kaplan Legal Services, filed an amicus brief urging the Alabama Supreme Court to agree with the Eleventh Circuit’s ruling. Our brief argues that the plain meaning of the stop-and-question law—given its title, its text, and the overall structure of the Alabama Code—rules out the possibility that it authorizes demands for physical documents. We also point out that interpreting the stop-and-question law to authorize document demands would render the law unconstitutional under both the U.S. and Alabama Constitutions.
New Jersey
Aug 2025
Criminal Law Reform
Romano v. Warden, FCI Fairton (Amicus)
This case challenges the federal government’s authority to remove people from their homes, jobs, and loved ones and remand them to federal prison absent any alleged violation or process.
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New Jersey
Aug 2025
Criminal Law Reform
Romano v. Warden, FCI Fairton (Amicus)
This case challenges the federal government’s authority to remove people from their homes, jobs, and loved ones and remand them to federal prison absent any alleged violation or process.