Criminal Law Reform
Featured
Oregon
Feb 2024
Disability Rights Oregon v. Washington County, Oregon
Status: Ongoing
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Arizona
Oct 2023
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.
Status: Ongoing
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U.S. Supreme Court
Sep 2023
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?
Status: Ongoing
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U.S. Supreme Court
Jun 2023
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.
Status: Ongoing
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Texas
Jul 2021
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.
Status: Ongoing
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All Cases
128 Criminal Law Reform Cases
Washington, D.C.
May 2024
Mathis v. United States Parole Commission
This federal class-action lawsuit alleges that the federal government’s post-conviction supervision system in Washington, D.C., violates Section 504 of the Rehabilitation Act by systematically failing to accommodate the needs of people with disabilities on supervision.
Status: Ongoing
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Washington, D.C.
Criminal Law Reform
Disability Rights
Mathis v. United States Parole Commission
This federal class-action lawsuit alleges that the federal government’s post-conviction supervision system in Washington, D.C., violates Section 504 of the Rehabilitation Act by systematically failing to accommodate the needs of people with disabilities on supervision.
May 2024
Status: Ongoing
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U.S. Supreme Court
Criminal Law Reform
Free Speech
Trump v. United States
Apr 2024
Status: Ongoing
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Virginia Supreme Court
Feb 2024
Board of Supervisors of Fairfax County v. Leach-Lewis
In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule—which protects people from unconstitutional searches and seizures—to apply in civil zoning enforcement actions. The Institute for Justice, along with The ACLU of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the ACLU, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians’ search and seizure rights.
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Virginia Supreme Court
Criminal Law Reform
Board of Supervisors of Fairfax County v. Leach-Lewis
In this case, the Virginia Supreme Court is considering whether the U.S. Constitution and/or the Virginia Constitution require the exclusionary rule—which protects people from unconstitutional searches and seizures—to apply in civil zoning enforcement actions. The Institute for Justice, along with The ACLU of Virginia and the Speech, Privacy, and Technology Project and the State Supreme Court Initiative at the ACLU, submitted an amicus brief arguing that the exclusionary rule should apply in civil actions to protect Virginians’ search and seizure rights.
Feb 2024
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Iowa
Feb 2024
State of Iowa v. Lawrence George Canady III
In this case, the Iowa Supreme Court considered when rap lyrics are admissible evidence in criminal trials. The State sought further review of a court of appeals decision which reversed the defendant's criminal convictions and remanded for a trial based on errors in the admission of evidence. Together with the Speech, Privacy, and Technology Project and the ACLU of Iowa, the State Supreme Court Initiative filed an amicus brief arguing that such evidence should usually be excluded because it is rarely probative and yet creates a high risk of prejudice to the defendant. The Court ultimately reversed the court of appeals conviction, although somewhat attempted to limit the admission of the rap video to the facts of the case.
Status: Ongoing
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Iowa
Criminal Law Reform
Racial Justice
State of Iowa v. Lawrence George Canady III
In this case, the Iowa Supreme Court considered when rap lyrics are admissible evidence in criminal trials. The State sought further review of a court of appeals decision which reversed the defendant's criminal convictions and remanded for a trial based on errors in the admission of evidence. Together with the Speech, Privacy, and Technology Project and the ACLU of Iowa, the State Supreme Court Initiative filed an amicus brief arguing that such evidence should usually be excluded because it is rarely probative and yet creates a high risk of prejudice to the defendant. The Court ultimately reversed the court of appeals conviction, although somewhat attempted to limit the admission of the rap video to the facts of the case.
Feb 2024
Status: Ongoing
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Georgia Supreme Court
Feb 2024
Tatum v. State
This case at the Georgia Supreme Court involves the “independent source” doctrine, an exception to the exclusionary rule providing that evidence that is acquired through means genuinely independent of a prior unlawful search or seizure may be accepted by the court. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Georgia, filed an amicus brief arguing that the independent source doctrine does not apply in this case because the police relied on information acquired from a prior, illegal search when they applied for a warrant to search the defendant’s cell phone. The Court’s opinion vacated Tatum’s conviction and remanded to allow the trial court to determine whether the state’s decision to seek the search warrant was “prompted” by the prior unlawful search.
Status: Closed
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Georgia Supreme Court
Criminal Law Reform
Tatum v. State
This case at the Georgia Supreme Court involves the “independent source” doctrine, an exception to the exclusionary rule providing that evidence that is acquired through means genuinely independent of a prior unlawful search or seizure may be accepted by the court. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Georgia, filed an amicus brief arguing that the independent source doctrine does not apply in this case because the police relied on information acquired from a prior, illegal search when they applied for a warrant to search the defendant’s cell phone. The Court’s opinion vacated Tatum’s conviction and remanded to allow the trial court to determine whether the state’s decision to seek the search warrant was “prompted” by the prior unlawful search.
Feb 2024
Status: Closed
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