Each Friday, we’ll bring you updates on the latest civil liberties news from Maine and the nation.
CRIMINAL JUSTICE REFORM
Manditory Minimums
On Monday, U.S. Attorney General Eric Holder called for reform of federal mandatory minimum laws saying, “Too many Americans go to too many prisons for far too long for no good law enforcement reason…” The bureau of prisons spends billions of dollars incarcerating people convicted of low-level drug crimes. That needs to stop and it’s great Holder is leading the way.
Ending Mass Incarceration
Following Holder’s announcement, Vanita Gupta, Deptuy Legal Director and Director of the Center for Justice, editorialized on ending the American epidemic of mass incarceration saying:
“Those who seek a fairer criminal justice system, unclouded by racial bias, must…demand that the government eliminate mandatory minimum sentences, which tie judges hands; rescind three-strikes laws, which often make no distinction between, say, armed assault and auto theft; amend “truth in sentencing” statutes, which prohibit early release for good behavior; and recalibrate drug policies, starting with decriminalization of marijuana possession and investment in substance-abuse prevention and treatment. Federal aid to state and local agencies, like the Edward Byrne Memorial Justice Assistance Grant and the Community Oriented Policing Services, must prioritize diversion and rehabilitation over arrest and incarceration.”
Stop-and-Frisk
In another signal of shift on crime, a federal judge in New York declared the New York Police Department’s current “stop-and-frisk” tactics unconstitutional. She ordered the NYPD to reform its officers conduct during stop-and-frisk encounters and ordered the appointment of a federal monitor to oversee implementation of these reforms. U.S. District Judge Shira Scheindlin said they violated the rights of all New Yorkers by citing both the Fourth and Fourteenth amendment, which grant protections against unlawful searches and seasures and guarantee equal protection under the law, respectively.
LGBT RIGHTS
Transgender Student Bill
This week, Governor Jerry Brown signed the School Success and Opportunity Act into law. According to the Transgender Law Center, the bill makes it clear that transgender students will have equal access to facilities, programs, and curriculum that align with their gender identities.
International Human Rights
A federal judge ruled this week that “systematic persecution of LGBTI people constitutes a crime against humanity that unquestionably violates international norms” and, as such, a lawsuit against prominent anti-gay activist Scott Lively can proceed. According to this page at the Center for Constitutional Rights:
“The lawsuit alleges that Lively’s actions over the past decade, in collaboration with key Ugandan government officials and religious leaders, are responsible for depriving LGBTI Ugandans of their fundamental human rights based solely on their identity, which is the definition of persecution under international law and is deemed a crime against humanity.”
