Home : Criminal Justice : Sentencing/Prisons

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 Hopes Candidates Won’t Make Straw Man of Sensible Sentencing Reforms (01/07/2008)
Washington, DC – The American Civil Liberties Union Washington Legislative Office, a non-partisan organization, believes Senator Hillary Clinton (D-NY) was mistaken when she called ending mandatory minimum sentences a controversial position. The organization urges all candidates, from all parties, to oppose mandatory minimum sentencing and support legislation to close the sentencing disparities between crack and powder 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 Sets the Record Straight on Federal Drug Sentencing Retroactivity (12/03/2007)
Washington, D.C. – The American Civil Liberties Union today reiterated its support of retroactivity for defendants serving longer sentences than required by federal law after the question was raised in this weekend’s presidential debate. The United States Sentencing Commission (USSC) last month changed federal sentencing guidelines to make sure people would not serve more than the federal mandatory minimum sentence for crack offenses. The USSC is now considering whether to make those changes to the guidelines retroactive, applying them to offenders currently in prison, not just those who were arrested before the new guidelines were implemented.

Blacks and Hispanics Disproportionately Jailed in Rhode Island, National Report Indicates (07/26/2007)
PROVIDENCE, RI - The American Civil Liberties Union of Rhode Island today said that the release of a national report analyzing incarceration rates across the country demonstrates the need for a broader commitment to address racial profiling and related problems of racial disparities in Rhode Island's criminal justice system. The report, "Uneven Justice: State Rates of Incarceration by Race and Ethnicity," was released this past week by The Sentencing Project, located in Washington D.C., and examined nationwide prison statistics for 2005.

ACLU Testifies Before United States Sentencing Commission for Fair Drug Sentencing Policies (11/14/2006)
WASHINGTON - Jesselyn McCurdy, Legislative Counsel at the ACLU Washington Legislative Office, testified today at a public hearing held by the United States Sentencing Commission (USSC) about the continued unfairness and racial impact of federal drug sentencing policy. Despite repeated recommendations by the USSC, Congress has not addressed a 100-to-1 sentencing disparity between distribution of powder and crack cocaine.

ACLU Says Mandatory Minimums are Discriminatory and Urges Inter-American Commission to Condemn Unfair Practice (03/03/2006)
WASHINGTON – As the Inter-American Commission on Human Rights heard from experts and a victim at a hearing today on the discriminatory impact of mandatory minimum sentences, the American Civil Liberties Union urged the body to reject that unjust practice. In conjunction with other civil rights and criminal justice organizations, the ACLU submitted written testimony and recommendations to the Commission.

Children Sentenced to Life Without Parole Bring Plea to Human Rights Body (02/22/2006)
NEW YORK - The national American Civil Liberties Union and the ACLU of Michigan today filed a petition urging the Inter-American Commission on Human Rights to rule that sentencing children to mandatory life without the possibility of parole violates the Declaration of the Rights of Man and universal human rights principles.

ACLU and Sentencing Experts Urge Federal Court to Uphold Judges’ Right to Reject 100-to-1 Crack/Powder Ratio (01/20/2006)
SAN FRANCISCO – The American Civil Liberties Union joined a group of renowned criminal law and sentencing experts in filing a friend-of-the-court brief today in a case concerning the right of judges to depart from the controversial 100-to-1 crack/powder cocaine sentencing disparity imposed by Congress. The case, U.S. v. Starks, is being argued in the Ninth Circuit U.S. Court of Appeals.

"Girlfriend Problem" Harms Women and Children, Impacted Families Call Mandatory Sentences Unfair and Destructive (06/14/2005)
WASHINGTON -- Several formerly incarcerated women, a child of an incarcerated woman and national experts on sentencing policy - including the American Civil Liberties Union - told lawmakers today about the negative effects of drug sentencing laws have on women and families and urged reform. Under current drug laws, even those with little involvement in drug trafficking operations - often women in relationships with men involved in drug-related activities - are held liable for the entire quantity of drugs charged in connection with the conspiracy.

Michigan Attorney General Plan Would Erode Right to Fair Trial, Charges ACLU (05/10/2005)
DETROIT -- The American Civil Liberties Union of Michigan today expressed concern over reports that Attorney General Mike Cox is pushing for legislation that would significantly alter the judicial process and jeopardize due process rights by doing away with preliminary examinations in most felony cases.

Hawaii Agrees to End Prolonged Incarceration and Strip Searches in Response to ACLU Lawsuit (02/10/2005)
HONOLULU-The American Civil Liberties Union of Hawaii announced today that the state has agreed to pay $1.2 million to settle a class action federal civil rights lawsuit brought on behalf of hundreds of innocent individuals who were wrongly detained by the State Department of Public Safety (PSD) after being ordered released by the courts and, in some cases, subjected to unconstitutional strip and body cavity searches without legal justification.

Growing Rate of Juvenile Life Sentences Examined in ACLU of Michigan Report (09/14/2004)
DETROIT - In a report released today, the American Civil Liberties Union of Michigan called attention to the growing number of juveniles serving life sentences in Michigan prisons with no hope of rehabilitation or release.

Social Workers Speak Out on Behalf of Gay Teen Sentenced to 17 Years in Prison (08/09/2004)
TOPEKA, KS - In a friend-of-the-court brief filed today, the National Association of Social Workers (NASW) and its Kansas chapter are joining the American Civil Liberties Union in asking the Kansas Supreme Court to reverse the conviction of a teenager who is serving a prison sentence 13 times longer than he would have received if he were heterosexual.

ACLU Asks Kansas Supreme Court to Drop 17-Year Prison Sentence of Gay Teenager (06/24/2004)
TOPEKA, KS - In a brief filed today, the American Civil Liberties Union asked the Kansas Supreme Court to reverse a 17-year conviction for a teenager who would have only had to serve 15 months if he were heterosexual.

ACLU Files Religious Liberty Lawsuit on Behalf of Native American Who Refuses to Cut Hair (03/31/2004)
ADELANTO, CA -- The American Civil Liberties Union of Southern California today filed a federal lawsuit on behalf of a Native American inmate who has faced serious disciplinary sanctions -- including the loss of all visitation rights -- for his refusal to comply with a California Department of Corrections grooming policy requiring all male inmates to maintain hair no longer than three inches in length.

After High Court Upholds Harsh "Three Strikes" Sentencing Law, ACLU of Southern CA Vows Reform Efforts (03/05/2003)
LOS ANGELES - Reacting to a Supreme Court ruling upholding California's harsh "three strikes" law, the American Civil Liberties Union of Southern California today vowed to work toward the much-needed reforms that the Justices failed to institute.

Money Can Be Saved on Prisons Without Diminishing Public Safety, ACLU of Texas Tells Lawmakers (02/25/2003)
AUSTIN, TX--In testimony today before the Texas House Corrections Committee, the American Civil Liberties Union of Texas said that the state's prisons have become too expensive because the system incarcerates too many non-violent offenders who should be home supporting their families.

ACLU Urges Congress to Defer to Sentencing Commission Expertise on Drug Offenses (05/14/2002)
WASHINGTON - The American Civil Liberties Union today joined with a coalition of advocacy groups in urging a congressional subcommittee to defer to the expertise of the United States Sentencing Commission and defeat a bill that would supercede a Commission guideline that the groups say would inject a greater measure of fairness into drug sentencing. 

ACLU Opposes End to Prison Work Programs; Calls Inmate Employment Important for Rehabilitation (04/24/2002)
WASHINGTON - Saying inmate work is an important component of rehabilitation, the American Civil Liberties Union today urged opposition to a bill that would effectively end prison employment programs in the country.