American Civil Liberties Union

Drug Policy:
The ACLU Drug Law Reform Project is a division of the national ACLU. Our goal is to end punitive drug policies that cause the widespread violation of constitutional and human rights, as well as unprecedented levels of incarceration.


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Drug Policy : Racial Justice : Press Releases view all

ACLU Urges Congress to Reform Department of Justice Grant Program (06/18/2008)
WASHINGTON, DC – The American Civil Liberties Union calls on Congress to reform a Department of Justice grant program as part of today’s markup of HR 3546, reauthorizing the Edward Byrne Memorial Justice Assistance Grant. This program funds hundreds of regional anti-drug task forces that perpetuate racial disparities, police corruption, over-incarceration and civil rights abuses in large and small towns across America.

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 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.

Congress Scrutinizes the Use of Informants in Drug Law Enforcement Following Accidental Shooting of 92-Year-Old Woman (07/19/2007)
WASHINGTON – The House Judiciary Committee held hearings today to examine the dangers of the informant system as used in drug law enforcement. Today’s hearing was prompted by the tragic death of a 92-year-old Atlanta woman, Kathryn Johnston, who was shot during a botched SWAT raid of her home. The raid was based on information fabricated by police, who falsely attributed the misinformation to a confidential informant. Civil rights advocates and members of Congress called for an overhaul of the informant system, instituting oversight mechanisms and safeguards to prevent future injustices.

U.S. Sentencing Commission Issues New Recommendations on Federal Sentencing Guidelines (04/28/2007)
Washington - In a public hearing Friday evening, the United States Sentencing Commission voted to amend the Federal Sentencing Guidelines for federal crack cocaine offenses. Distributing just five grams of crack for example, carries a minimum five-year federal prison sentence, while distributing 500 grams of powder cocaine carries the same sentence.

Drug Policy : Racial Justice : Publications view all

Cracks in the System: 20 Years of the Unjust Federal Crack Cocaine Law (10/26/2006)
A comprehensive examination of the 100-to-1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5-year federal prison sentence, while distribution of 500 grams of powder cocaine carries the same 5-year mandatory minimum sentence.

Caught in the Net: The Impact of Drug Policies on Women and Families (03/15/2005)
In this report, the ACLU, Break the Chains and the Brennan Center for Justice advocate for fair drug laws and policies that adequately take into account the needs of women and their families, and address the root causes of women's involvement with illegal drugs.

Race and the War on Drugs Endnotes (10/17/2003)
This page contains a complete list of sources cited in the ACLU position paper: Race and the War on Drugs, May 2003.

Race & the War on Drugs (10/17/2003)
This ACLU position paper argues that the United States cannot and should not tolerate laws that systematically target communities of color. Yet, this is precisely the outcome of the current War on Drugs. The time has come to reverse course in a disastrous, ineffective, and racist approach to drug law enforcement.

Collateral Damage in the War on Drugs (05/01/2002)
A Villanova Law Review article by ACLU Drug Law Reform Project Director Graham Boyd examining the many destructive by products of America's War on Drugs, including record incarceration, the erosion of constitutional rights and racial injustice.

Drug Policy : Racial Justice : Legal Documents view all

U.S. v. Goddard - Petition for Rehearing or Rehearing En Banc (09/05/2007)
An ACLU filing challenging the constitutionality of the police tactic known as a "jump out," widely employed against minority residents of high-crime neighborhoods. The ACLU is seeking a rehearing in the case of Melvin Goddard, who was arrested utilizing this aggressive tactic used to detain and search suspects.

Kimbrough v. United States - ACLU Amicus Brief (07/26/2007)

U.S. v. Spears - Amicus Brief in Support of Appellee (06/01/2006)
A friend-of-the-court brief submitted by the ACLU and noted sentencing experts in support of the right of judges to depart from the notorious 100-to-1 crack/powder cocaine sentencing disparity.

U.S. v. Ricks - Brief in Support of Appellee (05/18/2006)
A friend-of-the-court brief submitted by the ACLU Drug Law Reform Project and a coalition of renowned law professors and sentencing experts in support of judges' right to depart from the 100-to-1 crack/powder sentencing disparity in light of the U.S. Supreme Court's decision in Booker v. U.S.

Motion for Dismissal in U.S. v. Patel (Operation Meth Merchant) (04/05/2006)

Drug Policy : Racial Justice : Legislative Documents view all

ACLU Coalition Letter to House Judiciary Leadership Urging Them Not to Reauthorize the Byrne Justice Assistance Grant (06/17/2008)
The undersigned groups urge you to not reauthorize the Byrne Justice Assistance Grant (JAG) program without reforming it. The program is perpetuating racial disparities, police corruption, over-incarceration and civil rights abuses. This is especially the case when it comes to the program’s funding of hundreds of regional anti-drug task forces across the country. These task forces, which have very little state or federal oversight and are prone to corruption, are at the center of some of our country’s most horrific law enforcement scandals.

ACLU Comments for Sentencing Commision (10/29/2007)
On behalf of the American Civil Liberties Union (ACLU), and its hundreds of thousands of members, activists, and fifty-three affiliates nationwide, we submit these comments pursuant to the U.S. Sentencing Commission’s request for public comments, as noticed in the Federal Register in July 2007, relating to its proposed amendment to the crack sentencing guidelines. Amendment 9, which pertains to crack offenses, has the effect of lowering the guideline sentencing range for certain categories of offenses and offenders. We write in support of the Commission’s proposal that to make Amendment 9 retroactive to sentenced defendants.

Written Testimony on Law Enforcement Confidential Informant Practices by Professor Alexandra Natapoff Before the House Judiciary Committee (07/19/2007)
Written testimony prepared by Alexandra Natapoff, Professor of Law at Loyola Law School, for presentation at the Joint Oversight Hearing on Law Enforcement Confidential Informant Practices before the U.S. House of Representatives Committee on the Judiciary Subcommittee on Crime, Terrorism and Homeland Security, and the Subcommittee on the Constitution, Civil Rights and Civil Liberties.

Written Testimony on Law Enforcement Confidential Informant Practices by J. Patrick O'Burke, Deputy Commander, Narcotics Service, Texas Department of Public Safety, Before the House Judiciary Committee (07/19/2007)
Written testimony prepared by J. Patrick O'Burke, Deputy Commander, Narcotics Service, Texas Department of Public Safety for presentation at the Joint Oversight Hearing on Law Enforcement Confidential Informant Practices before the U.S. House of Representatives Committee on the Judiciary Subcommittee on Crime, Terrorism and Homeland Security, and the Subcommittee on the Constitution, Civil Rights and Civil Liberties.

ACLU Comments to the United States Sentencing Commission on Crack/Powder Disparity (03/16/2007)

Drug Policy : Racial Justice : Resources view all

Don Diva Magazine: Witness or Snitch (10/24/2007)
Don Diva magazine examines the intersection between the "Stop Snitchin'" movement and informant misuse.

Los Angeles Police Department Consent Decree Requirements Regarding Confidential Informants (10/24/2007)
A consent decree ordered upon the Los Angeles Police Department governing proper use of confidential informants and compliance requirements.

Denver Police Department Operations Manual: Confidential Informants (10/19/2007)
The Denver Police Department's guidelines regarding the proper use of confidential informants.

California Department of Justice: Jailhouse Informant Policy (10/19/2007)
The California Department of Justice guidelines controlling proper use of information provided by jailhouse informants.

Snitching: The Institutional and Communal Consequences by Professor Alexandra Natapoff (07/19/2007)
Professor Alexandra Natapoff of Loyola Law School examines the prevalence and impact of informant use.

Drug Policy : Racial Justice : Press Releases view all

ACLU Urges Congress to Reform Department of Justice Grant Program (06/18/2008)
WASHINGTON, DC – The American Civil Liberties Union calls on Congress to reform a Department of Justice grant program as part of today’s markup of HR 3546, reauthorizing the Edward Byrne Memorial Justice Assistance Grant. This program funds hundreds of regional anti-drug task forces that perpetuate racial disparities, police corruption, over-incarceration and civil rights abuses in large and small towns across America.

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 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.

Congress Scrutinizes the Use of Informants in Drug Law Enforcement Following Accidental Shooting of 92-Year-Old Woman (07/19/2007)
WASHINGTON – The House Judiciary Committee held hearings today to examine the dangers of the informant system as used in drug law enforcement. Today’s hearing was prompted by the tragic death of a 92-year-old Atlanta woman, Kathryn Johnston, who was shot during a botched SWAT raid of her home. The raid was based on information fabricated by police, who falsely attributed the misinformation to a confidential informant. Civil rights advocates and members of Congress called for an overhaul of the informant system, instituting oversight mechanisms and safeguards to prevent future injustices.

U.S. Sentencing Commission Issues New Recommendations on Federal Sentencing Guidelines (04/28/2007)
Washington - In a public hearing Friday evening, the United States Sentencing Commission voted to amend the Federal Sentencing Guidelines for federal crack cocaine offenses. Distributing just five grams of crack for example, carries a minimum five-year federal prison sentence, while distributing 500 grams of powder cocaine carries the same sentence.

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