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This Week in Civil Liberties (04/26/2013)

Rekha Arulanantham,
Litigation Fellow,
ACLU National Prison Project
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April 26, 2013

In which state is the ACLU challenging a city ordinance that punishes domestic violence victims who call the police?

Was the suspect in the Boston Marathon bombings read his Miranda rights the night of his arrest?

Which country joins China, Iran, and Saudi Arabia as one of the top imposers of the death penalty?

Which legislative branch held its first hearing on the government’s targeted killing program this week?

In which three states must the federal government now provide legal representation for immigration detainees who have serious mental disabilities?

Shut Up or Get Out: PA City Punishes Domestic Violence Victims Who Call the Police

Last year in Norristown, Pa., Lakisha Briggs’ boyfriend physically assaulted her, and the police arrested him. But in a cruel turn of events, a police officer then told Ms. Briggs, “You are on three strikes. We’re gonna have your landlord evict you.”

Yes, that’s right. The police threatened Ms. Briggs with eviction because she had received their assistance for domestic violence. Under Norristown’s “disorderly behavior ordinance,” the city penalizes landlords and tenants when the police respond to three instances of “disorderly behavior” within a four-month period.

On Wednesday, the ACLU, the ACLU of Pennsylvania, and the law firm Pepper Hamilton filed a federal lawsuit on behalf of Ms. Briggs, challenging the ordinance.

The Constitution Applies to All Americans, No Matter What They Are Accused Of

Our thoughts are with the people of Boston in the aftermath of the tragic bombings at the Boston Marathon. Following the bombings, we’re reminded that these challenging times must also be a time of principled resilience. Our civil liberties must remain firmly in place, not be pushed aside to accommodate political agendas.

Executing Human Dignity: U.S. Death Penalty System Dominates IACHR Report

According to a recent Inter-American Commission on Human Rights report on the death penalty in the Americas, the United States stands out as an outlier in a region that has come close to abolishing the death penalty.

According to the Death Penalty Information Center, 1,320 people have been executed since the death penalty was restored in 1976. Yet international scrutiny is mounting and the U.S. is left in the sorry company of countries like China, Iran, Iraq, Saudi Arabia, and Yemen as top imposers of the death penalty.

Will You Stand With Us at Tuesday’s Killing Program Hearing? (Updated)

This week Sen. Dick Durbin (D-Ill.), who is a longtime champion of the Constitution and human rights, chaired the first-ever hearing in the Senate focused on drones and the killing program: “Drone Wars: The Constitutional and Counterterrorism Implications of Targeted Killing.” This hearing presents an opportunity to stand with Senator Durbin for what is right.

Historic Decision Recognizing Right to Counsel for Group of Immigration Detainees

In a landmark ruling on Tuesday, Federal District Judge Dolly M. Gee ordered the federal government to provide legal representation for immigrant detainees in California, Arizona and Washington who have serious mental disabilities and are unable to represent themselves in immigration court. This is a historic decision — it is the first ever to recognize a right to appointed counsel in immigration proceedings for a group of immigrants. Unlike the criminal justice system, where judges are generally required to appoint counsel for defendants who cannot afford a lawyer, there are no safeguards in the immigration enforcement system to ensure the basic fairness of having legal representation for immigrants. As a result, over half of all individuals in immigration court — including 84% of detained individuals — must face the complex legal proceedings alone and unrepresented, while the government is always represented by a lawyer.

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