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鈥檚 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鈥檚 verdicts of acquittal on the ground that the verdict is inconsistent with the jury鈥檚 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.
All Cases
154 Criminal Law Reform Cases
Virginia Supreme Court
Feb 2024
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鈥攚hich protects people from unconstitutional searches and seizures鈥攖o 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鈥� search and seizure rights.
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Virginia Supreme Court
Feb 2024
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鈥攚hich protects people from unconstitutional searches and seizures鈥攖o 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鈥� search and seizure rights.
Iowa
Feb 2024
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 Iowa Supreme Court ultimately reversed the Court of Appeals decision, but for narrow and fact-specific reasons. And the Iowa Supreme Court acknowledged that, in cases not involving the peculiar facts of Canady's case, other courts had expressed concerns about the risk that a jury will unfairly use rap lyrics and music as evidence of a defendant's guilt.
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Iowa
Feb 2024
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 Iowa Supreme Court ultimately reversed the Court of Appeals decision, but for narrow and fact-specific reasons. And the Iowa Supreme Court acknowledged that, in cases not involving the peculiar facts of Canady's case, other courts had expressed concerns about the risk that a jury will unfairly use rap lyrics and music as evidence of a defendant's guilt.
Georgia Supreme Court
Feb 2024
Criminal Law Reform
Tatum v. State
This case at the Georgia Supreme Court involves the 鈥渋ndependent source鈥� 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鈥檚 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鈥檚 cell phone. The Court鈥檚 opinion vacated Tatum鈥檚 conviction and remanded to allow the trial court to determine whether the state鈥檚 decision to seek the search warrant was 鈥減rompted鈥� by the prior unlawful search.
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Georgia Supreme Court
Feb 2024
Criminal Law Reform
Tatum v. State
This case at the Georgia Supreme Court involves the 鈥渋ndependent source鈥� 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鈥檚 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鈥檚 cell phone. The Court鈥檚 opinion vacated Tatum鈥檚 conviction and remanded to allow the trial court to determine whether the state鈥檚 decision to seek the search warrant was 鈥減rompted鈥� by the prior unlawful search.
Michigan
Jan 2024
Criminal Law Reform
+2 老熟女午夜福利
Williams v. City of Detroit
This case seeks to hold Detroit police accountable for the wrongful arrest of our client due to officers鈥� reliance on a false match from face recognition technology.
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Michigan
Jan 2024
Criminal Law Reform
+2 老熟女午夜福利
Williams v. City of Detroit
This case seeks to hold Detroit police accountable for the wrongful arrest of our client due to officers鈥� reliance on a false match from face recognition technology.
Minnesota Supreme Court
Dec 2023
Criminal Law Reform
State v Malecha
In this case, the Minnesota Supreme Court is considering the scope of a crucial doctrine that protects criminal defendants from being convicted based on evidence obtained in violation of their constitutional rights. Under both the U.S. and Minnesota Constitutions, courts apply an 鈥渆xclusionary rule鈥� that allows criminal defendants to seek the exclusion of evidence obtained in violation of their rights. For nearly 40 years, the U.S. Supreme Court has chipped away at the exclusionary rule by adopting and expanding the 鈥済ood faith exception,鈥� a doctrine providing that in some situations courts need not exclude evidence obtained in violation of the Constitution. In this case, officers acquired evidence after arresting someone based on a warrant that was listed as valid due to a recordkeeping error, but which in fact should have been recalled. In July 2023, together with other ACLU attorneys and partners, the SSCI submitted an amicus brief to the Minnesota Supreme Court asking it to hold as a matter of state constitutional law that the exclusionary rule applies to this situation, and that the good-faith exception does not apply. In March 2024, the Court ruled in the ACLU's favor, stating that the district court did not err in finding that the defendant's arrest warrant had been quashed before her arrest and the good-faith exception did not apply.
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Minnesota Supreme Court
Dec 2023
Criminal Law Reform
State v Malecha
In this case, the Minnesota Supreme Court is considering the scope of a crucial doctrine that protects criminal defendants from being convicted based on evidence obtained in violation of their constitutional rights. Under both the U.S. and Minnesota Constitutions, courts apply an 鈥渆xclusionary rule鈥� that allows criminal defendants to seek the exclusion of evidence obtained in violation of their rights. For nearly 40 years, the U.S. Supreme Court has chipped away at the exclusionary rule by adopting and expanding the 鈥済ood faith exception,鈥� a doctrine providing that in some situations courts need not exclude evidence obtained in violation of the Constitution. In this case, officers acquired evidence after arresting someone based on a warrant that was listed as valid due to a recordkeeping error, but which in fact should have been recalled. In July 2023, together with other ACLU attorneys and partners, the SSCI submitted an amicus brief to the Minnesota Supreme Court asking it to hold as a matter of state constitutional law that the exclusionary rule applies to this situation, and that the good-faith exception does not apply. In March 2024, the Court ruled in the ACLU's favor, stating that the district court did not err in finding that the defendant's arrest warrant had been quashed before her arrest and the good-faith exception did not apply.