Advancing Civil Liberties in the Criminal Justice System

The ACLU of Nevada has a long and well-known history of protecting civil liberties both in the courts and in the legislature. But we have an equally long history of working with the government in an attempt to bring laws and policies in line with the Constitution. One of the ACLU’s core areas of advocacy – grounded in no less than the 4th, 5th, 6th, 8th, and 14th Amendments – is ensuring a sensible, funded, and fair criminal justice system.

Dr. Richard Siegel is the President of the ACLU of Nevada’s Board and sits on the Advisory Commission on the Administration of Justice (ACAJ), which is charged by the Legislature with taking a systemic look at our state’s criminal justice system. The ACAJ looks at the whole justice system, from filing charges to trials to sentencing to incarceration, and suggests Bill Draft Requests, or BDRs, for bills that will be introduced during the next legislative session.

The ACLU is grateful to play a formal role on the Commission, working cooperatively with judges, district attorneys, private lawyers, and state officials to improve our criminal justice system. We'd like to update you on the exciting and vital work Dr. Siegel is doing on the Commission, where the ACLU has a chance to fight for better policies to ensure that the Constitution and its principles are protected.

1. Indigent Defense
2. Property Crimes
3. Identification on Release from Prison
4. Compassionate Release
5. Privacy in the Psychological Review Process
6. Age Limits for Legalized Prostitution
7. Future Challenges to Due Process

1. Indigent Defense
Dr. Siegel recommended that a statement be included in ACAJ’s final report that encourages the State of Nevada to fully fund indigent defense services. “I’d like our state to meet its Constitutional obligations to pay for indigent defense throughout the state. This is something of profound necessity, and something the Nevada Supreme Court has expressed is essential to our state’s goals,” Dr. Siegel told the Commission. The recommendation was unanimously passed, even garnering support from Washoe County District Attorney Dick Gammick, sitting as the DA’s designated representative.

2. Property Crimes
Dr. Siegel proposed a BDR that would use the Consumer Price Index to adjust the monetary threshold for petit and grand larceny/theft in Nevada law to current amounts. This proposal, which simply adjusts the amounts in the original bill for inflation, passed with near-unanimous support.

3. Identification on Release from Prison
This BDR was introduced by Dr. Siegel on behalf of the Religious Alliance in Nevada. It would revise existing state law to provide a fee waiver for issuance of certified copies of birth certificates, drivers’ licenses and identification cards to individuals who are released from prison. Providing recently released individuals with identification would greatly assists in reintegration efforts. The Commission voted in favor of this recommendation.

4. Compassionate Release
Dr. Siegel suggested a BDR that would encourage the use of compassionate release for inmates that are physically incapacitated due to age or medical condition, who need extraordinary medical care, and who are serving sentences that are eligible for parole. Releasing these inmates would pose no risk to the community and would save the state significant money for medical treatment. After initial opposition, Mr. Gammick agreed that this was an important tool for the Department of Corrections. This proposal was pushed back to the next ACAJ meeting for further research.

5. Privacy in the Psychological Review Process
Dr. Siegel supported Commissioner Connie Bisbee’s request seeking to exempt psychological review panels from the Nevada Open Meeting Law. The psychological review panel evaluates sex offenders prior to parole hearings. The ACLU has always been an ardent proponent of the Open Meeting Law, but, as Dr. Siegel made clear, there is a strong concern for the privacy of inmates’ medical records in these proceedings. This recommendation was passed by a vast majority of the quorum.

6. Age Limits for Legalized Prostitution
This recommendation would have prohibited persons under the age of 21 from working in licensed brothels. Dr. Siegel noted that the trend in the legal system has been to lower the requisite age for both privileges and prosecutions. Assemblyman John Carpenter agreed, further noting that local governments have set the age limits for these businesses, and to supersede these regulations was redundant. The commission voted to take no action on this BDR.

7. Future Challenges to Due Process
Two BDRs are still pending on the ACAJ’s agenda and have been pushed back to the next meeting. One of these recommendations seeks to force the state to require DNA testing for all persons who are arrested for any felony. The ACLU believes this proposal upends the core principle that we are innocent until proven guilty in the American justice system. We also believe that forcibly taking a person's most sensitive private data - their DNA - before conviction violates due process and the 4th Amendment's prohibition on unreasonable search and seizure.

The other recommendation would prohibit psychological testing on any victim or witness in any sexual assault case, even where, for instance, the witness has a history of false accusations. Currently, judges weigh several factors to determine whether such testing is warranted - and it is granted in very rare circumstances when relevant to the charges at hand. Eliminating this judicial discretion by prohibiting all witness testing is likely to lead to violations of a Defendant's fair trial and due process rights when he can show a need for such testing. We believe the current system strikes the appropriate delicate balance, and vehemently oppose this change, which we believe will lead to constitutional violations if passed.

ACAJ meetings are open to the public, and all members of the public are welcome. We encourage all of our members and supporters to come and make your voices heard on these important issues.

Read more about the ACLU of Nevada’s work on criminal justice issues.