Criminal Law Reform
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Arizona
Oct 2023
Criminal Law Reform
Racial Justice
Fund for Empowerment v. Phoenix, City of
Fund for Empowerment is a challenge to the City of Phoenix鈥檚 practice of conducting sweeps of encampments without notice, issuing citations to unsheltered people for camping and sleeping on public property when they have no place else to go, and confiscating and destroying their property without notice or process.
U.S. Supreme Court
Sep 2023
Criminal Law Reform
McElrath v. Georgia
Does the Double Jeopardy Clause bar an appellate court from reviewing and setting aside a jury鈥檚 verdicts of acquittal on the ground that the verdict is inconsistent with the jury鈥檚 verdict on other charges?
U.S. Supreme Court
Jun 2023
Criminal Law Reform
Pulsifer v. United States
This case involves the interpretation of a federal law that allows defendants to avoid mandatory minimum sentences for certain nonviolent drug crimes, allowing judges to impose sentences tailored to their individual circumstances.
Texas
Jul 2021
Criminal Law Reform
Prisoners' Rights
Sanchez et al v. Dallas County Sheriff et al
Decarceration has always been an emergency, a life and death proposition, but COVID-19 makes this effort intensely urgent. The 51品茶 has been working with our partners to litigate for the rights of those who are incarcerated and cannot protect themselves because of the policies of the institutions in which they are jailed.
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147 Criminal Law Reform Cases
Tennessee
May 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鈥檚 vehicle based exclusively on the alleged odor of cannabis, and second, whether the Court of Appeals had jurisdiction to overturn the defendant鈥檚 conviction. The 51品茶鈥檚 Criminal Reform Legal Project and State Supreme Court Initiative, along with the 51品茶 of Tennessee filed an amicus brief arguing first, that after Tennessee鈥檚 legalization of hemp in 2019, an officer鈥檚 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鈥檚 conviction.
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Tennessee
May 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鈥檚 vehicle based exclusively on the alleged odor of cannabis, and second, whether the Court of Appeals had jurisdiction to overturn the defendant鈥檚 conviction. The 51品茶鈥檚 Criminal Reform Legal Project and State Supreme Court Initiative, along with the 51品茶 of Tennessee filed an amicus brief arguing first, that after Tennessee鈥檚 legalization of hemp in 2019, an officer鈥檚 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鈥檚 conviction.
Georgia
May 2025
Criminal Law Reform
Smart Justice
Coronell, et al. v. Georgia
As a result of Georgia Senate Bill 63, thousands of people are being kept in jail pre-trial because they can鈥檛 afford to post bail, even when a judge believes the person should have been released until trial with no risk to the public. The 51品茶鈥檚 Criminal Law Reform Project, along with 51品茶-GA and the Southern Center for Human Rights, filed a class action lawsuit challenging SB63鈥檚 mandatory monetary bail provisions under the Georgia State Constitution.
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Georgia
May 2025
Criminal Law Reform
Smart Justice
Coronell, et al. v. Georgia
As a result of Georgia Senate Bill 63, thousands of people are being kept in jail pre-trial because they can鈥檛 afford to post bail, even when a judge believes the person should have been released until trial with no risk to the public. The 51品茶鈥檚 Criminal Law Reform Project, along with 51品茶-GA and the Southern Center for Human Rights, filed a class action lawsuit challenging SB63鈥檚 mandatory monetary bail provisions under the Georgia State Constitution.
Hawaii Supreme Court
Apr 2025
Criminal Law Reform
State of Hawai驶i v. Zuffante
In 1994, the Supreme Court of Hawai驶i held in State v. Kekona that the due process clause of the Hawai鈥榠 Constitution does not require custodial interrogations to be recorded. More than 30 years later, with advances in technology that have made recording far easier, this case asks whether this decision should be reconsidered. The 51品茶鈥檚 State Supreme Court Initiative, along with the 51品茶 of Hawai鈥榠 filed an amicus brief arguing that the Supreme Court of Hawai驶i should now hold that custodial interrogations must be recorded in order to be admissible in court, either as a matter of due process or as an exercise of the Court鈥檚 supervisory authority over lower courts.
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Hawaii Supreme Court
Apr 2025
Criminal Law Reform
State of Hawai驶i v. Zuffante
In 1994, the Supreme Court of Hawai驶i held in State v. Kekona that the due process clause of the Hawai鈥榠 Constitution does not require custodial interrogations to be recorded. More than 30 years later, with advances in technology that have made recording far easier, this case asks whether this decision should be reconsidered. The 51品茶鈥檚 State Supreme Court Initiative, along with the 51品茶 of Hawai鈥榠 filed an amicus brief arguing that the Supreme Court of Hawai驶i should now hold that custodial interrogations must be recorded in order to be admissible in court, either as a matter of due process or as an exercise of the Court鈥檚 supervisory authority over lower courts.
Tennessee
Mar 2025
Criminal Law Reform
Smart Justice
Just City, Inc. v. Bonner
Shelby County (Memphis), Tennessee, historically set cash bail in criminal cases without stopping to ask whether people would be able to bail out. This practice unnecessarily detained people who could not afford to pay for release, but who would otherwise return to court and live peacefully in their communities. The 51品茶 Criminal Law Reform Project negotiated a historic settlement with Shelby County to end this practice.
In retaliation, the Tennessee legislature passed HB 1719, which prohibits judges from considering an arrestee鈥檚 ability to pay when setting bail. This law is unprecedented. Our lawsuit seeks to enjoin Shelby County officials from enforcing it.
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Tennessee
Mar 2025
Criminal Law Reform
Smart Justice
Just City, Inc. v. Bonner
Shelby County (Memphis), Tennessee, historically set cash bail in criminal cases without stopping to ask whether people would be able to bail out. This practice unnecessarily detained people who could not afford to pay for release, but who would otherwise return to court and live peacefully in their communities. The 51品茶 Criminal Law Reform Project negotiated a historic settlement with Shelby County to end this practice.
In retaliation, the Tennessee legislature passed HB 1719, which prohibits judges from considering an arrestee鈥檚 ability to pay when setting bail. This law is unprecedented. Our lawsuit seeks to enjoin Shelby County officials from enforcing it.
Georgia
Feb 2025
Criminal Law Reform
State of Georgia v. Wierson
This case asks whether Georgia鈥檚 insanity defense statutes can be construed to contain an exception for cases where defendants allegedly triggered their own insanity by discontinuing their medication weeks before the alleged crimes. The State argues for such an exception, even though the text of the insanity defense statutes expressly pins the availability of the defenses to the defendant鈥檚 mental condition 鈥渁t the time of鈥� the alleged crimes. The 51品茶鈥檚 State Supreme Court Initiative, along with the 51品茶 of Georgia, filed an amicus brief arguing that even if the State鈥檚 interpretation of the statutory text were reasonable, its argument should still be rejected because it contradicts the rule of lenity. The rule of lenity is a well-established canon of statutory construction requiring that, if a criminal statute can reasonably be interpreted in different ways, courts must adopt the interpretation most favorable to the accused.
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Georgia
Feb 2025
Criminal Law Reform
State of Georgia v. Wierson
This case asks whether Georgia鈥檚 insanity defense statutes can be construed to contain an exception for cases where defendants allegedly triggered their own insanity by discontinuing their medication weeks before the alleged crimes. The State argues for such an exception, even though the text of the insanity defense statutes expressly pins the availability of the defenses to the defendant鈥檚 mental condition 鈥渁t the time of鈥� the alleged crimes. The 51品茶鈥檚 State Supreme Court Initiative, along with the 51品茶 of Georgia, filed an amicus brief arguing that even if the State鈥檚 interpretation of the statutory text were reasonable, its argument should still be rejected because it contradicts the rule of lenity. The rule of lenity is a well-established canon of statutory construction requiring that, if a criminal statute can reasonably be interpreted in different ways, courts must adopt the interpretation most favorable to the accused.