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.
In 1992, two brothers were shot at a party in Texas. When the police interviewed an acquaintance, Genovevo Salinas, Mr. Salinas refused to answer an incriminating question—whether the shotgun shells at the crime scene would match the gun in his home. In 2007, Mr. Salinas was charged with the two murders. At his first trial, Mr. Salinas’ silence was introduced as evidence of his guilt. The jury was unable to agree on a verdict, and the prosecution ended in a mistrial.
Texas then retried Mr. Salinas, placing far more emphasis on his silence; here’s an excerpt from the prosecution’s closing argument: “You know, if you asked somebody – there is a murder in New York City, is your gun going to match up the murder in New York City?...You are going to say no. An innocent person is going to say: What are you talking about? I didn’t do that. I wasn’t there. He didn’t respond that way. He didn’t say: No, it’s not going to match up….He wouldn’t answer that question.” The second jury found Mr. Salinas guilty and sentenced him to twenty years in prison.
Mr. Salinas’s appeal has now reached the Supreme Court, which will decide whether prearrest, pre-Miranda silence is admissible as substantive evidence of guilt. For more, see coverage at .
In our Smart Reform is Possible report, we praised South Carolina’s 2010 criminal justice reform law, S.1154, as a step in the right direction. That law made a number of significant changes: it eliminated mandatory minimum sentences for possession, eliminated the crack/powder sentencing disparity, and provided non-prison alternatives for some drug sale offenses; the bill also expanded parole eligibility for certain offenses, and allowed people to earn early release from probation through good behavior.
Two years later, those reforms have started to bear fruit. Instead of adding prisoners as projected, South Carolina shed 2,700 prisoners, and the Corrections Department closed two prisons; taxpayers saved $3 million in 2012 alone; and the rate of index crimes (major violent and property crimes) between 2009 and 2011.
Mike Ward of the Austin American-Statesman reports that Texas’ most powerful business group, the Texas Association of Business, has decided to prioritize criminal-justice reforms in the upcoming session. The group’s president, Bill Hammond, said they plan to push to increase rehabilitation and community-based corrections programs; to pass drug-sentencing reforms that would place more low-level offenders in local treatment programs and reduce penalties for small amounts of drugs; and to modify modified state licensing laws that keep some released prisoners from ever becoming certified for various trades. “We’re sending too many people to the slammer,” Hammond said. “The taxpayers and the business community are both being harmed.”
In 2000, students throwing peanuts at one another on a school bus were arrested for felony assault. The Sheriff told a newspaper, “This time it was peanuts, the next time it could be bodies.” In 2010, a Holmes County police officer drove a five-year old home because his shoes, which weren’t completely black, violated the dress code. A new report documents the alarming frequency with which Mississippi uses the justice system and out-of-school suspensions to handle minor disciplinary infractions—disproportionately for students of color. The report comes not long after the Department of Justice for “operating what the government calls a school-to-prison pipeline.” The link above takes you to The New York Times’ coverage; you can find the report .
Radley Balko uses Aaron Swartz’s tragic case to illustrate the vast power of the modern prosecutor. If you’re not familiar with the case, you can read the initial coverage . Essentially, prosecutors stacked charges against Swartz in order to induce a guilty plea. Because he refused the plea bargain, he faced potential penalties of up to 35 years in prison and $1 million in fines at the time of his suicide. Charge-stacking for the purpose of obtaining a guilty plea is a tactic not unique to Swartz’s case, and prosecutors are given this ability by the lawmakers who have steadilty expanded the now-massive federal criminal code (“innumerable” would be an accurate way to describe federal crimes, since have failed), which often gives prosecutors long lists of charges to file. You can also find a statement by Swartz’s prosecutor, Carmen Ortiz, .
Learn more about overincarceration: Sign up for breaking news alerts, , and .
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Press ReleaseDec 2024
Smart Justice
ACLU Celebrates President Biden’s Clemency Announcement, Allowing Hundreds to Remain in Their CommunitiesACLU Celebrates President Biden’s Clemency Announcement, Allowing Hundreds to Remain in Their Communities
WASHINGTON – President Biden heeded the calls of advocates and families today by granting commutations to close to 1,500 people who were released to home confinement at the height of the COVID-19 pandemic under the CARES Act and pardons to 39 additional people, including many veterans and women. The CARES Act, passed in 2020 in response to the COVID-19 pandemic, allowed certain groups of people to serve part of their sentences at home to mitigate the dangers of COVID-19 in federal prisons. Since then, thousands of people have been allowed to serve part of their sentences at home, securing jobs, reconnecting with loved ones, and reintegrating into their communities. The American Civil Liberties Union advocated for the CARES Act and has been urging President Biden to provide clemency to CARES Act release recipients since 2021, launching a six-figure ad buy, engaging grassroots supporters, filing FOIA litigation, and more. “We are thrilled that President Biden has allowed people to remain with their families and communities, where they belong, said Cynthia W. Roseberry, director of policy and government affairs at the ACLU’s Justice Division. “The CARES Act was an unprecedented experiment in decarceration, and the data tells us it was incredibly successful. Of the over 13,000 people released, more than 99 percent have safely and successfully reintegrated into their communities. We urge Congress to build on the remarkable success of the CARES Act and pass other decarceration policies that prioritize compassion, redemption, and public safety.” “President Biden’s actions today also remind us of the incredible and unique power of executive clemency,” Roseberry continued. “The ACLU has long advocated for the categorical use of clemency to address unjust outcomes of the criminal legal system. While today’s announcement is wonderful, there is more to do in the final weeks before President Biden leaves office. We strongly urge President Biden to use his power to address this country's failed death penalty by commuting death row sentences.” According to data the ACLU obtained this year through FOIA litigation, the vast majority (71.8 percent) of those on home confinement had less than one year remaining in their sentence. Almost a quarter (23.5 percent) of CARES Act clemency recipients are older than 61 and over half (59.4 percent) are people of color. “Biden's announcement today means I can finally breathe a sigh of relief after 3.5 years of living with the fear of being sent back to prison for no reason,” said Won Lee, released on CARES Act home confinement in May 2021. “The second chance I got through the CARES Act allowed me to take care of my aging parents, restart my career, pursue a graduate degree, and receive treatment for the cancer I was diagnosed with shortly after returning home. Today's decision means I will no longer have to live with the uncertainty and fear that I will be unjustly uprooted from my life and family, who now depend on me. I am incredibly grateful and thrilled to sleep soundly tonight knowing I'll remain at home.” Learn more about the ACLU’s campaign to commute death row here: /campaigns-initiatives/president-biden-commute-the-row -
Press ReleaseSep 2024
Criminal Law Reform
+2 Issues
Judge Orders Supervision System in Washington, D.C. to Accommodate People with DisabilitiesJudge Orders Supervision System in Washington, D.C. to Accommodate People with Disabilities
WASHINGTON – A federal court granted a preliminary injunction yesterday in a case filed on behalf of people with disabilities on parole and supervised release in Washington, D.C., ordering immediate action to address discriminatory conditions faced by the two named plaintiffs. The court also denied the government’s motion to dismiss, allowing the case to proceed. The case, brought by the American Civil Liberties Union, ACLU of D.C., Public Defender Service for the District of Columbia, and Latham & Watkins LLP, challenges the federal government’s post-conviction supervision system in Washington, D.C. for systematically ignoring the needs of people with disabilities, thereby setting them up for failure on supervision and putting them at constant risk of sanctions, including incarceration. As the court held in its decision, such accommodations are likely required under federal disability law, specifically the Rehabilitation Act of 1973. The preliminary injunction requires that the United States Parole Commission and the Court Services and Offender Supervision Agency (CSOSA), the two federal agencies responsible for supervision in D.C., assess what reasonable accommodations the two named plaintiffs require to have an equal opportunity to succeed on supervision, and provide all such required accommodations. “Absent an injunction,” the court’s decision reads, “the Parolees will be forced to participate in the Government’s supervision programs on an unequal footing just because of their disabilities.” People on supervision in D.C. are required to comply with myriad and onerous rules. For people with disabilities, navigating these complex conditions is even more challenging. For example, Plaintiff Mr. Mathis — a 70-year-old military veteran with congestive heart failure that limits his ability to walk — struggles to travel throughout the city to attend frequent supervision meetings that often conflict with necessary medical procedures and hospitalizations. His supervision officer required him to wear an ankle monitor even after his doctor warned the monitor would jeopardize his health due to his heart condition. Plaintiff Mr. Davis, who lives with chronic pain stemming from third-degree burns as well as mental health conditions, also faces disability-related barriers getting to required meetings. Yet failing to meet any of these conditions, even something as simple as missing an appointment, can land a person back in jail or prison, even when no new criminal conduct is alleged. The court agreed that “absent immediate relief, the Parolees will face irreparable harm; namely, obstacles to success on supervision solely because of their disabilities, which expose them to downstream harms like revocation and reincarceration.” The court did not decide whether it will ultimately certify a class that could yield relief for all people on supervision in D.C. who need accommodations. Instead, the court directed the parties to agree on a schedule for further proceedings on that issue. “The undue hardships faced by people with disabilities on federal criminal supervision in the District of Columbia have gone unaddressed for too long,” said Scott Michelman, legal director, ACLU of the District of Columbia. “This decision is a victory for equal treatment and common sense.” “The Court’s opinion emphatically rejects the federal government's ‘do-nothing’ policy for people with disabilities on supervision in Washington, D.C., who have been forced to navigate onerous requirements without accommodations for decades,” said Allison Frankel, staff attorney with the ACLU Criminal Law Reform Project. “This ruling ensures that our named Plaintiffs will have the accommodations they need to have a fair shot at completing parole and remaining in their communities.“ “We are thrilled the Court recognized that the Parole Commission and CSOSA must accommodate our clients’ disabilities so that they have an equal opportunity to succeed on supervision,” said Zoé Friedland, staff attorney with the Public Defender Service for the District of Columbia. “We will keep fighting to make this relief permanent and systemic so that all people on supervision have an equal chance to succeed.” The decision on the preliminary injunction can be found here: /cases/mathis-v-united-states-parole-commission?document=Preliminary-Injunction-Opinion The complaint can be found here: /documents/w-mathis-v-united-states-parole-commission-complaint -
Press ReleaseJul 2024
Smart Justice
Just City And Legal Advocates Challenge Tennessee’s Unprecedented Bail LawJust City And Legal Advocates Challenge Tennessee’s Unprecedented Bail Law
MEMPHIS, Tenn. — Today, the American Civil Liberties Union (ACLU) Criminal Law Reform Project, ACLU of Tennessee, and Simpson Thacher & Bartlett LLP filed a lawsuit on behalf of Just City Memphis to challenge the constitutionality of Tennessee’s unprecedented new bail law, arguing that the law violates the Fourteenth Amendment by mandating unfair bail hearing procedures and discriminatory wealth-based detention. The law makes Tennessee the only state in the country to prohibit judges from considering whether people appearing before them will be able to pay for release. The new law, which went into effect on May 1, targeted successful bail reforms that Shelby County implemented following an agreement with the ACLU, ACLU of Tennessee, Just City, and other local advocates. The agreement required the examination of a person’s financial circumstances prior to any bail decision; individualized bail hearings with counsel no later than three days after a person’s arrest; and imposition of secured money bail only as a last resort. As a result, more people returned home to their communities while at the same time lowering the number of people rearrested for new crimes. By rolling back these reforms, the Tennessee legislature has created a two-tiered system of justice, leaving those who cannot afford to pay detained indefinitely, even if they are not a flight or safety risk. Meanwhile, those who face the same charges but can afford to pay money bail are freed until trial. “Bail reform works, and it was working in Shelby County. More Tennesseans were returning home to live peacefully in their communities,” said Trisha Trigilio, senior staff attorney for the ACLU. “This shameful legislation targets low-income and marginalized Tennesseans for pointless jail time. We will not allow Tennessee lawmakers to end successful bail reform for political gain.” "Our Constitution demands that judges make individualized determinations about pretrial release," said Josh Spickler, executive director at Just City. "This law prevents judges from doing that crucial work and results in the unnecessary detention of people who pose no risk to public safety because they can't afford to pay an arbitrary bail amount. That's not how our justice system is supposed to work." “We don't have to choose between safety and justice; we can have both if we maintain a bail system that is evidence-based, fair, and constitutional.” said Stella Yarbrough, legal director at the ACLU of Tennessee. “Everyone has a basic right to freedom, and this new law contradicts decades of constitutional precedent. Freedom for the wealthy and punishment for poor people of all races violates the Constitution and disproportionately impacts Black people and people with disabilities, while doing nothing to address the systemic causes of crime—like poverty and lack of opportunity.” Simpson Thacher & Bartlett LLP Litigation Partner Craig Waldman added, “Tennessee’s law banning judges from considering an individual’s ability to pay bail is unfair and unconstitutional. The right to due process guaranteed under the Fourteenth Amendment is a bedrock of our justice system.” Just City is an organization dedicated to fighting discrimination based on race, ethnicity, and income in Shelby County criminal proceedings, and has long advocated for pretrial practices that prioritize fair and sensible release decisions over a person’s ability to pay. Their lawsuit asks the court to declare that this new bail law violates the Fourteenth Amendment and requests a preliminary injunction that would prohibit the Shelby County Sheriff from enforcing this law. -
Press ReleaseJul 2024
Reproductive Freedom
+2 Issues
Court Rejects Attempt to Dismiss Case Seeking Accountability for Wrongful Prosecution of AbortionCourt Rejects Attempt to Dismiss Case Seeking Accountability for Wrongful Prosecution of Abortion
McALLEN, Texas – A federal judge ruled today that a lawsuit seeking accountability for the unlawful investigation and prosecution of Lizelle Gonzalez can proceed, rejecting attempts by Starr County officials to have the case dismissed. Gonzalez, represented by Garza Martinez, the American Civil Liberties Union, and the ACLU of Texas was unlawfully arrested, jailed, and charged with murder after a medication abortion she had in 2022. The Starr County district attorney, assistant district attorney, and sheriff pursued and then obtained an unlawful indictment against Gonzalez even though they knew that Texas law clearly prohibits the criminal prosecution of pregnant women for conduct that ends their pregnancy. “When I first heard Lizelle’s story, I was outraged at the behavior of our elected officials,” said Cecilia Garza, attorney at Garza Martinez. “The court’s decision today to allow this case to proceed gives me hope that courts will not allow these types of egregious acts to continue. Law enforcement need to be held accountable to the laws that they took an oath to uphold.” In the motions to dismiss, the prosecutors and sheriff raised claims of legal immunity, a doctrine that they argue should insulate them from being held accountable for violating Gonzalez’s constitutional rights. The court denied their motions to dismiss, allowing Gonzalez’s case to proceed to the first stage of discovery concerning whether law enforcement can be held liable for violating her rights. “Immunity doctrine creates a culture in police departments and prosecutor offices where public officials may feel empowered to violate people’s rights, knowing they will face few – if any – consequences,” said Lauren Johnson, director of the ACLU’s Abortion Criminal Defense Initiative. “While immunity often obstructs victims of misconduct from attaining accountability, the court’s decision today to allow the case to proceed will give Lizelle a chance to pursue the justice she deserves for being unlawfully targeted and prosecuted.” “Texas is one of the most restrictive states in the country when it comes to abortion health care, but even in Texas, the laws are uniform and clear that pregnant women cannot be criminally liable for having an abortion,” said David Donatti, senior staff attorney for the ACLU of Texas. “We expect and demand that our elected officials follow the rule of law, and that is especially true for officials elected to enforce the laws with so much power over our daily lives and personal decisions.”