The Overcriminalization of America
June 23, 2022
Over the last few weeks, a surge of texts and phone calls have gone out from local politicians. Most of them focus on one issue: crime. Worried about the rising crime? Want to keep you and your family safe? Vote for me. I'll make sure to fund the police and get the riffraff off our streets, direct quote. Crime is being used as a wedge issue this midterm season, and candidates are stoking fears in hopes to mount a meaningful backlash to recent progress in both policing and criminal legal reform. At the same time, state and national leaders are hard at work seeking to criminalize access to healthcare for trans and pregnant folks. This interest in criminalizing new behaviors while holding the line on age old crime and punishment tactics is a worrying trend.
Joining us today to discuss is Somil Trivedi, senior staff attorney for the ACLU’s Criminal Law Reform Project. Loyal listeners of At Liberty will remember Somil from his time guest hosting earlier this year.
In this episode
Kendall Ciesemier
This Episode Covers the Following Issues
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Maryland Supreme CourtDec 2024
Criminal Law Reform
Roland Branch v. State of MarylandRoland Branch v. State of Maryland
This petition to the Supreme Court of Maryland asked the court to reconsider its adherence to Whren v. U.S., 517 U.S. 806 (1996), which declared that a traffic stop undertaken for pretextual reasons does not violate the Fourth Amendment to the U.S. Constitution so long as the police have probable cause to believe that a traffic violation occurred. The ACLU, alongside the ACLU of Maryland, filed an amicus brief in support of the defendant’s petition, in which the ACLU argued that the court should take up the question of whether pretextual stops violate the Maryland Constitution. In September 2024, the Court denied the petition. -
North Carolina Supreme CourtDec 2024
Criminal Law Reform
State v. WrightState v. Wright
This case in the North Carolina Supreme Court involves the question of whether the police violated the U.S. Constitution when they searched the defendant, Mr. Wright’s, backpack even after he repeatedly said no to the search requests. The ACLU alongside the ACLU of North Carolina filed an amicus brief arguing that the search was unconstitutional because Mr. Wright’s eventual “consent” was the result of police coercion. Our brief urges the court to consider the totality of the circumstances that make one more susceptible to coercion, including race and poverty. -
News & CommentaryDec 2024
Criminal Law Reform
Disability Rights
Incarceration Should Not be a Death Sentence for Individuals Who Use OpioidsIncarceration Should Not be a Death Sentence for Individuals Who Use Opioids
New litigation centered on increasing access to substance-use disorder treatment in jails and prisons is helping to reduce mortality rates among incarcerated individuals. -
Pennsylvania Supreme CourtNov 2024
Criminal Law Reform
Commonwealth of Pennsylvania v. ShiversCommonwealth of Pennsylvania v. Shivers
This case in the Pennsylvania Supreme Court asks whether flight from the police in a high-crime area, without more, can justify an investigative stop. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Pennsylvania, filed an amicus brief arguing that it does not. The brief argues that the Pennsylvania Constitution supports broader protections against investigative stops than those recognized under the U.S. Constitution, and that flight in high-crime areas is not inherently more suspicious than flight elsewhere.