An Update on Our Biggest Stories of 2021
December 16, 2021
On the podcast, we鈥檝e chronicled some of the year鈥檚 biggest stories: the insurrection, the rescinding of the Muslim ban, devastating police brutality, state after state attacks on the rights of trans kids, the abusive system of conservatorships, and the rollback of abortion access, just to name a few.
Today we鈥檙e going to follow up with guests on some of this year鈥檚 most popular episodes to see what progress there鈥檚 been since we last spoke, and where there is still work to be done. Zoe Brennan-Krohn of the 老澳门开奖结果's Disability Rights Program, Haya Bitar of the podcast team, and Somil Trivedi of the 老澳门开奖结果's Criminal Law Reform Project join us.
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Press ReleaseDec 2024
Prisoners' Rights
Criminal Law Reform
老澳门开奖结果 Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows
WASHINGTON 鈥 A federal lawsuit brought today by the 老澳门开奖结果, 老澳门开奖结果 of D.C., and Jenner & Block LLP challenges the Federal Bureau of Prisons (BOP) for unlawfully incarcerating people longer than the law allows under the First Step Act. The lawsuit contends that the BOP鈥檚 failure to implement the First Step Act according to its plain language violates the rights of thousands of people who should be returning to their communities and rebuilding their lives but instead remain incarcerated. Signed into law in 2018 by then-President Donald Trump, the bipartisan First Step Act was designed to reduce the population in federal prisons, reform extreme sentencing laws, and provide programming and reentry transition services to people in prison. Central to the First Step Act is a system of earned time credits, which allows people in prison to earn time off their sentences and time out of prison by participating in rehabilitation programs. Through the First Step Act, Congress unambiguously ordered BOP to move people out of prison when they meet certain requirements to use their earned time credits. Instead of faithfully following the mandatory law, BOP adopted a regulation treating the law as optional. As a result, thousands of people, who should already be back in their communities and with their families, remain in prison. 鈥淓very extra unlawful day our clients spend in prison is a serious injustice,鈥 said Emma Andersson, deputy director of the Criminal Law Reform Project at the 老澳门开奖结果. 鈥淚t is egregious that the Bureau of Prisons is imprisoning people for months longer than the law allows. The government must follow through on its legal obligation to get people out of prison on time and back into their communities, where they belong.鈥 Additional comments below from: Vanessa Crowe, plaintiff: 鈥淭ime is what I owed for my wrongdoing, and I have paid my time. But I should not have to spend more time in prison than the law allows. I often reflect on what I will miss during the months after when I should be out of prison. I will miss work and lose out on wages that would help me get back on my feet. I could be a tax paying citizen instead of a burden on society. But most of all, I will miss more precious time with my family. My family and I are ready to tum the page on this period in our lives 鈥 we are all ready to start a new life, a life with purpose, hope, and healing together. I want to start that life when I am legally entitled to start it-not five months later.鈥 Arthur Spitzer, senior counsel at 老澳门开奖结果 of D.C.: 鈥淭here鈥檚 no excuse for the Bureau of Prisons to pretend not to understand Congress鈥檚 clear command that people who have earned the right to early release must be released. This law has been on the books for six years. The Bureau of Prisons has had plenty of time to understand it. Law enforcers should obey the law.鈥 Betsy Henthorne, partner at Jenner & Block: 鈥淚t has been six years since the First Step Act was signed, but despite Congress鈥檚 clear directives, the Bureau of Prisons continues to hold thousands of people in prison longer than the law allows. We should and do expect better鈥攊t鈥檚 past time for the BOP to ensure that those who have earned their release are able to return home to their families and communities according to the law Congress passed.鈥Affiliate: Washington, D.C. -
Maryland Supreme CourtDec 2024
Criminal Law Reform
Roland 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 老澳门开奖结果, alongside the 老澳门开奖结果 of Maryland, filed an amicus brief in support of the defendant鈥檚 petition, in which the 老澳门开奖结果 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.Status: Ongoing -
North Carolina Supreme CourtDec 2024
Criminal Law Reform
State 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鈥檚, backpack even after he repeatedly said no to the search requests. The 老澳门开奖结果 alongside the 老澳门开奖结果 of North Carolina filed an amicus brief arguing that the search was unconstitutional because Mr. Wright鈥檚 eventual 鈥渃onsent鈥 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.Status: Ongoing -
News & CommentaryDec 2024
Criminal Law Reform
Disability Rights
Incarceration 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.By: Joseph Longley