At Liberty Podcast

At Liberty Podcast
Why is it so hard to hold police accountable?
June 4, 2020
Police are supposed to “protect and serve†the community, but that’s a far cry from what modern-day policing often looks like in our country. The recent murders of Breonna Taylor, Tony McDade, George Floyd, and others highlight the need for drastic systemic change, yet again. ³Ô¹ÏÖ±²¥ Policing Policy Advisor Paige Fernandez walks us through the history of our problematic policing systems and explains both why it's so hard to hold police accountable and how the ³Ô¹ÏÖ±²¥ is addressing this moving forward.
This Episode Covers the Following Issues
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Press ReleaseJun 2025
Criminal Law Reform
Supreme Court Affirms First Step Act Sentencing Reductions
WASHINGTON – The Supreme Court ruled today that the sentencing reductions under the First Step Act of 2018 apply to people whose pre-Act sentences are vacated and who are subject to resentencing after the law’s enactment. The First Step Act was passed with overwhelming bipartisan support in 2018 to reduce the federal prison population, reform extreme sentencing laws, and expand rehabilitation and reentry programs. Among its provisions, the law significantly lowered mandatory minimum sentences for certain federal drug and firearm offenses. Today’s decision means that people who were originally sentenced prior to the First Step Act but resentenced after the law’s effective date can benefit from these critical sentencing reforms. “For many people facing extreme sentences of 50-plus years, applying the First Step Act can be the difference between dying in prison and having a chance to return home,†said Emma Andersson, deputy director of the ³Ô¹ÏÖ±²¥â€™s Criminal Law Reform Project. “The First Step Act was a landmark achievement in federal sentencing reform, and this decision ensures that it will mitigate extreme and outdated sentencing laws for more people. The ³Ô¹ÏÖ±²¥ was vocal about supporting the First Step Act when it was passed, and we continue to advocate for the law to be fully implemented as Congress intended.†“We hail today’s decision in Hewitt as a win for the common-sense sentencing reform Congress enacted with the First Step Act,†said Cecillia Wang, national legal director of the ³Ô¹ÏÖ±²¥. “Justice Jackson, writing for the majority, speaks with the authority of a federal sentencing expert, and the language and purpose of the statute has always been clear. Individuals who are being resentenced get the benefit of Congress’s reform.†The ³Ô¹ÏÖ±²¥, ³Ô¹ÏÖ±²¥ of Texas, CATO Institute, Due Process Institute, National Association of Criminal Defense Lawyers, and FAMM, working with Covington & Burling, filed an amicus brief in support of the petitioners who sought application of the First Step Act in their cases and resolution of a split in the courts of appeals on the law’s reach in cases like theirs. The question at issue is of exceptional importance to people facing resentencing, and applying the First Step Act in these cases is consistent with Congress’ intent. This case is part of the ³Ô¹ÏÖ±²¥â€™s Joan and Irwin Jacobs Supreme Court Docket. The amicus brief can be found here. -
Iowa Supreme CourtJun 2025
Criminal Law Reform
State v. Hidlebaugh
This case asks whether it violates equal protection principles to impose a prison sentence, instead of probation, based on a defendant’s inability to purchase a house. The ³Ô¹ÏÖ±²¥â€™s State Supreme Court Initiative and the ³Ô¹ÏÖ±²¥ of Iowa filed an amicus brief arguing that imposing a harsher sentence based on a criminal defendant’s inability to purchase a home impinges on the equal protection guarantees in the Fourteenth Amendment of the U.S. Constitution and article I, sections 1 and 6 of the Iowa Constitution.Status: Ongoing -
Michigan Supreme CourtJun 2025
Criminal Law Reform
State v. Fenderson
This case asks whether the government can elicit inculpatory statements from a defendant by giving him misleading information about his rights and applying coercive pressure, then using the statements against him in a criminal case. The ³Ô¹ÏÖ±²¥â€™s State Supreme Court Initiative and the ³Ô¹ÏÖ±²¥ of Michigan filed an amicus brief arguing that such actions by the government violate a defendant’s rights under the Fifth Amendment to the U.S. Constitution and, independently, Article 1, Section 17 of the Michigan Constitution, which affords even broader protections against self-incrimination than the Fifth Amendment.Status: Ongoing -
TennesseeMay 2025
Criminal Law Reform
Prisoners' Rights
State v. Bishop
This case presents two questions: first, whether, under the Fourth Amendment to the U.S. Constitution and Article I, section 7 of the Tennessee Constitution, Union City Police Department officers possessed probable cause to conduct a warrantless search of the defendant’s vehicle based exclusively on the alleged odor of cannabis, and second, whether the Court of Appeals had jurisdiction to overturn the defendant’s conviction. The ³Ô¹ÏÖ±²¥â€™s Criminal Reform Legal Project and State Supreme Court Initiative, along with the ³Ô¹ÏÖ±²¥ of Tennessee filed an amicus brief arguing first, that after Tennessee’s legalization of hemp in 2019, an officer’s alleged detection of the odor of cannabis is insufficient to establish probable cause to conduct a warrantless search of a vehicle in Tennessee, and second, that the court of appeals improperly held that it lacked jurisdiction to overturn the defendant’s conviction.Status: Ongoing