Prisoners' Rights

Incarcerated individuals' constitutional rights stress that those who are incarcerated should be protected from inhumane treatment and be treated fairly.

prison cell with bed and sink

What you need to know

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The United States has the highest incarceration rate in the world—a rate five to ten times higher than those of countries like Canada, France, and the United Kingdom.

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A Black man is six times more likely to be incarcerated in the United States than a white man is.

A culture of punishment, combined with race- and class-based animus, has led the United States to rely on incarceration more heavily than any other country in the world does. The politicization of criminal justice policy and a lack of evidence-based assessment result in a one-way ratchet in which law and policy grow ever more punitive. The human and financial costs of mass incarceration are staggering, and the burden falls disproportionately on the poor and people of color. However, the recent fiscal crisis and years of falling crime rates have combined to create the best opportunity in decades to challenge our nation’s addiction to incarceration.

The population in American prisons and jails has tripled in the past 15 years. It now tops two million. It arose from decades of policies that toughened sentencing laws and emphasized an American war on drugs.

This has left our facilities overcrowded, the medical systems overwhelmed and the work, education, and treatment programs inadequate. The consequence is idleness and stress that leads to greater levels of violence. We are working to change these conditions through successful litigation on behalf of those who are incarcerated.

The Latest

Resource
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Call for Artists

News & Commentary
An individual holing on to prison bars.

The Painful Reality of Being an Incarcerated Mother

This Mother’s Day, let’s not forget incarcerated women, and let’s get them home to their families.
News & Commentary
A row of prison doors.

One Year Later, Hope for Humanity in Arizona Prisons

A year after being ordered to address negligent and abusive conditions, there are glimmers of change in Arizona prisons. But the work continues.
Resource
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CLEAR Clinic and ACLU of Oregon's Legal Intake Program Partnership

Court Case
Sep 05, 2012

ACLU Challenges Multnomah County Sheriff's Office for Unlawful Imprisonment

September 5, 2012 — The ACLU Foundation of Oregon filed a lawsuit today against the Multnomah County Sheriff’s Office for unlawfully detaining a Portland resident at the request of federal immigration officers despite a judge’s order releasing him on his state charges.
Court Case
Jun 04, 2024

Betschart v. State of Oregon

Court Case
May 13, 2021

Abraham v. Corizon

Court Case
Oct 24, 2016

Wright v Peters, et al

Lawsuit highlights relentless suffering of transgender prisoner and demands medically-necessary care for all transgender prisoners in Oregon