Criminal Justice

The rights guaranteed to individuals under suspicion, criminal defendants, and prisoners are fundamental rights that protect all Americans from governmental abuse of power.

Jury box in a stately courtroom

“[L]awyers in criminal courts are necessities, not luxuries. The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours.”
— Justice Hugo Black,
Gideon v. Wainwright, 1963

The rights guaranteed to individuals under suspicion, criminal defendants, and prisoners are fundamental rights that protect all Americans from governmental abuse of power. These rights include the guarantee against unreasonable search and seizure, the right to reasonable bail, the right against self incrimination, the right to counsel, the right to be acquitted unless the government can prove its case beyond a reasonable doubt, the right to a jury of one’s peers and the right to be free from cruel and unusual treatment.

These protections were included in our federal and state constitutions in order to protect innocent persons who may be wrongfully suspected or accused of a crime. The framers understood that it is more important for the government to follow the rule of law than it is to obtain a guilty verdict in every case.

The Latest

News & Commentary
A woman speaking at a rally for asylum.

2023 at the ACLU: Our Year in Stories

This year saw more battles, advocacy, and victories than ever before — look back on them through some of our biggest blogs.
News & Commentary
Right to Rest poster

Report: Decriminalizing Homelessness in Oregon

 Do I sleep in the park and violate the camping ban, or do I trespass onto private property? Where can I go to the bathroom? Where can I set my stuff down without attracting attention from police?Homelessness and housing are a growing problem in Oregon.  The region has seen the third highest increase in homelessness nationwide, according to the Department of Housing and Urban Development (HUD). In 2015, HUD counted 13,100 adults and children experiencing homelessness in Oregon. Of those Oregonians experiencing homelessness, HUD found one-in-ten was a military veteran, one-in-seven was identified as having a serious mental illness
News & Commentary
People attend a rally against the Trump administration's 90-day funding freeze and job cuts at health agencies in Washington, DC, hold up a large sign written in red, green and black on cardboard that reads " DON'T DEFUND THE FUTURE."

Voters Reject President Trump's Dystopian Plans for "Public Safety"

We’re on the Hill this week telling Congress to fund real solutions
News & Commentary
Hughes fire, in Castaic, burns on a hill threatening the freeway below while cars attempt to escape.

Half a Mile from the Flames: LA County’s Brush with Catastrophe Demonstrates the Urgent Need to Protect People in Jails and Prisons from Climate Change

Wildfires raging across Greater Los Angeles have revealed that our county and cities are not only under-resourced to combat natural disasters but also ill-prepared to protect people in custody.
Court Case
Aug 18, 2023

State of Oregon v. Izzy Guajardo-McClinton

Court Case
Dec 01, 2021

State v. Gray

Court Case
Jul 09, 2021

State of Oregon v. Reyes-Herrera