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Subscribe to this list via RSS Blog posts tagged in Due Process

This is a remarkable day. When Donald Trump was elected president, we promised that if he tried to implement his unconstitutional and un-American policies that we would take him to court. We did that today. And we won.

Yesterday President Trump signed an executive order that suspended resettlement of Syrian refugees indefinitely, suspended all other refugee resettlement for 120 days, and banned the entry of nationals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen for 90 days. All seven countries are predominately Muslim countries. We have no doubt that the motivation behind the executive order was discriminatory. This was a Muslim ban wrapped in a paper-thin national security rationale.

The executive order went into effect immediately and so did its destructive intent. At John F. Kennedy International Airport last night, Hameed Khalid Darweesh arrived and was immediately detained. Darweesh worked as interpreter for the Army’s 101st Airborne Division and, according to Brandon Friedman, a platoon leader in Iraq, saved countless U.S. service members’ lives. We don’t know how many other refugees and foreign nationals with green cards or visas might have been detained when they tried to make their way into the United States today, but we intend to find out. We are asking anyone with any information to get in touch with the ACLU.

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RALEIGH – North Carolina Governor Pat McCrory today signed into law HB 972, which allows law enforcement agencies to keep officer worn body camera footage from the public unless ordered to release the footage by a court.

“Body cameras should be a tool to make law enforcement more transparent and accountable to the communities they serve, but this shameful law will make it nearly impossible to achieve those goals,” said Susanna Birdsong, Policy Counsel for the ACLU of North Carolina. “People who are filmed by police body cameras should not have to spend time and money to go to court in order to see that footage. These barriers are significant and we expect them to drastically reduce any potential this technology had to make law enforcement more accountable to community members.”

Under the new law, body camera and dash camera footage are not public record. Law enforcement agencies have the discretion to release footage to people who are recorded, but if the agency denies a request to disclose the footage, the recorded individual must bring a claim in court to attempt to obtain the footage. There is no mechanism for law enforcement to release videos of public interest to the general public other than through a court order.

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RALEIGH – The North Carolina Department of Public Safety yesterday announced plans to end the practice of placing youthful offenders in solitary confinement by September 2016. North Carolina is one of two states in the country that still charges 16 and 17 year olds as adults and places them in adult correctional facilities.

As of June 7, there were 67 children under the age of 18 in North Carolina prisons, 16 of which were segregated from the general population in some form of solitary confinement. Earlier this year, the Obama administration announced that it would end the solitary confinement of juveniles in federal prisons.

In 2015, a coalition of human rights organizations sent a letter asking the United States Department of Justice to open an investigation into the use of solitary confinement in North Carolina prisons.

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RALEIGH – A bill that would allow law enforcement agencies to shield officer worn body camera footage from public view unless ordered to release the footage by a court was approved by a North Carolina House committee today. HB 972 was approved by the House Judiciary II Committee and sent to the House Finance Committee. If it is approved by the second committee, the bill could be sent to the House floor for a vote.  

Under HB 972, body camera and dash camera footage would not be a public record. Law enforcement agencies would have the discretion to release footage to people who are recorded, but if the agency denies a request to release the footage, the recorded individual would have to bring a claim in court to attempt to obtain the footage. There would be no mechanism for law enforcement to release videos of public interest to the general public other than through a court order.

Dozens of law enforcement agencies in North Carolina are using or have plans to acquire police body cameras, but many lack policies that allow public access to the recordings.

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