Clause 40 Foundation

Mens rea isn't just a niche issue to protect corporate wrongdoers; it is the idea that for the government to deprive you of liberty, it has to prove you knew you were doing wrong and that you meant to do it.

Read why stronger mens rea protections matter 👇

Mens Rea: Perception Versus Reality How laws that undermine the principle of criminal intent deprive us of liberty.

Today is , which commemorates the emancipation of enslaved Black Americans. It is a day to recognize freedom and to reflect on and acknowledge the racism, injustice, and slavery that still exists in our nation's institutions and criminal legal system.

👏 A great example in Maryland of how the executive branch can use its pardon power to rectify unfair sentencing laws.

We hope this is the beginning of more widespread use of pardons, commutations, and clemency to create a more just criminal legal system.

Maryland Governor Pardons 175,000 Ma*****na Convictions The state legalized the use of recreational ma*****na in 2022. Several other states and the federal government have also wiped out low-level convictions for ma*****na possession.

In a recent 6-3 decision, the Supreme Court affirmed ACCA sentencing enhancements based on prior state drug convictions even if it involved a substance no longer scheduled under federal law.

Our full statement:

Unfortunately, the Supreme Court ruled in Culley v. Marshall that due process does not require preliminary hearings in civil asset forfeiture. However, we are hopeful that the concurring opinion from Justice Gorsuch indicates that SCOTUS will take up the issue again soon and properly enshrine due process rights in civil forfeiture proceedings.

Today, we celebrate DC Emancipation Day and the abolition of slavery in the nation's capital 162 years ago. We also reflect on and acknowledge the racism and injustice that must be addressed in our local institutions and legal system.

Grand jury and indictment processes must be supported by sufficient facts, not simply list alleged violations.

We filed an amicus brief to protect fair notice in these proceedings and prevent unbridled prosecutorial discretion.

Read more 👇
https://bit.ly/4al13Cx

"In the context of FISA, the government has succeeded in violating the law by using implausible interpretations of statutory language and even by evading the statute entirely."

Read about the current state of FISA and its impact on our civil liberties:

Why FISA Didn’t Stop Illegal Surveillance of Americans An introduction to the essential separation-of-powers history of FISA

On and on the 61st anniversary of the Gideon v. Wainwright decision, we celebrate public defenders for their commitment to constitutional defense.

In order to achieve a fair adversarial legal system, their essential work demands more equitable funding.

The ACCA is a highly punitive and unnecessarily complicated law. Thousands of federal prisoners currently serve ACCA-enhanced sentences, with 300 to 600 defendants sentenced each year.

Read why the ACCA should be high on the list of statutes to repeal:

Re-Visiting the Armed Career Criminal Act Sentencing overkill disguised as justice.

"No peacetime public office in American history has possessed more legal control over the average person’s liberty than today’s prosecutors... integrity and prudence are more important than ever."

Read about prioritizing justice over convictions:

Revisiting “The Federal Prosecutor” Robert H. Jackson’s Vision of American Justice

"The National Security Agency collected information on over 434 million calls made from 19 million different phone numbers in its unreasonably broad investigation of only 11 individuals suspected of terrorist activities. The 'needle in the haystack' metaphor doesn’t approach the scale of this surveillance overkill."

Read how supposed surveillance protections have been turned against ordinary Americans:

How America Turned Surveillance Protections against the People A growing number of Americans question if the government has gone too far.

Read about the history of FISA, possible reforms, and the impact on civil liberties:

https://clause40.org/blog/f/why-fisa-didn%E2%80%99t-stop-illegal-surveillance-of-americans-1

"Because our technology is developing far faster than our laws can be contemplated and passed, the power of our government must be consistently monitored and reined in to prevent the unconstitutional and unnecessary surveillance of innocent Americans."

How Americans have been forced to sacrifice too much privacy for national security:

How America Turned Surveillance Protections against the People A growing number of Americans question if the government has gone too far.

‼️ President Joe Biden commutes the sentences of 11 people serving disproportionately long sentences for non-violent drug offenses.

An important reminder that clemency, pardons, and commutations are vital tools to make our justice system fairer.

A Proclamation on Granting Pardon for the Offense of Simple Possession of Ma*****na, Attempted Simple Possession of Ma*****na, or Use of Ma*****na | The White House      In Proclamation 10467 of October 6, 2022 (Granting Pardon for the Offense of Simple Possession of Ma*****na), I exercised my authority under the Constitution to pardon individuals who committed or were convicted of the offense of simple possession of ma*****na in violation of the Controlled ...

Rikers Island's inhumane jail conditions have received national media attention but prisons across the country share similar pathologies.

How the events at Rikers represent the nationwide crisis we're facing:

Rikers Island and the Chronic Crisis of Jail Conditions What the recent history of Rikers tells us about the choice to run inhumane jails.

"The matter at issue in FISA debates is not which surveillance activities the government will engage in, but just which ones Congress wants to put on stronger legal and political footing."

The history of FISA, its reforms, and the impact on civil liberties:

Why FISA Didn’t Stop Illegal Surveillance of Americans An introduction to the essential separation-of-powers history of FISA

Americans tend to think of jails and prisons as places individuals go after they are convicted of a crime. But at the federal level, ~75% of defendants are held before trial.

How we can reimplement the presumption of liberty and promote due process:

Restoring the Presumption of Innocence How tens of thousands of Americans get jail time without a conviction.

If FISA—a law duly passed by Congress and signed by the president—sets legal rules for surveillance programs, why does the government keep flouting them?

Read about FISA's complicated history and how we're still subjected to warrantless surveillance:

Why FISA Didn’t Stop Illegal Surveillance of Americans An introduction to the essential separation-of-powers history of FISA

🍩 Doughnuts for Justice ⚖️

Today until October 31, buy a dozen Krispy Kreme Doughnuts and help support Clause 40 Foundation!

Your purchase will help fund our work to achieve equal justice and to meaningfully reform the criminal legal system.

Order now: https://www.groupraise.com/offer-campaigns/13462-clause-40-foundation-krispy-kreme-digital-dozens

Read how “the people” have lost their voice in criminal adjudication:

https://clause40.org/blog/f/prosecutors-usurp-the-role-of-juries

🍩 Doughnuts for Justice ⚖️

Starting today until October 31, buy a dozen Krispy Kreme Doughnuts and help support Clause 40 Foundation!

Your purchase will help fund our work to achieve equal justice and to meaningfully reform the criminal legal system.

Order now:

Order Krispy Kreme Digital Dozens Supporting Clause 40 Foundation! Help Clause 40 Foundation fundraise by ordering delicious Krispy Kreme Digital Dozens today! Enjoy mouth-watering dozens & share to support their Krispy Kreme Fundraiser!

"According to a recent study, 100% of prisoners are people... and if that's not enough for you, the Constitution requires we provide adequate healthcare to anyone behind bars."

John Oliver covered the inhumane prison healthcare system on the latest Last Week Tonight:

Prison Health Care: Last Week Tonight with John Oliver (HBO) John Oliver discusses the health care offered in prisons and jails, who provides it, why it’s so bad, and what Red Bull’s slogan should be. Connect with Last...

As courts struggle to keep pace with innovation, Congress can take steps to protect our privacy.

Read about the government's limitless warrantless snooping and how it impacts our Fourth Amendment rights in Clause 40 Foundation's blog post:

https://clause40.org/blog/f/outrunning-the-fourth-amendment

Missed our Two Views event?

Want to know what to expect from in the 2023-24 term?

Watch Supreme Court scholars and litigators Jeffrey Fisher (Stanford Law School) and Erin Murphy (Clement & Murphy) discuss the upcoming criminal law docket:

Two Views: An Exploration of the Supreme Court's Criminal Law Docket, 2023 Clause 40 Foundation and Due Process Institute present the 5th annual "Two Views: An Exploration of the Supreme Court's Criminal Law Docket," a seated lunch ...

Join us on September 22 at 12 PM for our "Two Views: An Exploration of the Supreme Court's Criminal Law Docket" event to enjoy a seated lunch and hear from scholars Jeffrey Fisher and Erin Murphy as they discuss upcoming Supreme Court criminal law cases for the 2023-24 term.

Our 5th annual event is sponsored by Zuckerman Spaeder LLP, KaiserDillon, and Miller & Chevalier! Lunch is complimentary for all pre-registered attendees, as is CLE credit for VA, NY, and CA lawyers.

Seating is limited so RSVP immediately to secure your place:

Two Views: An Exploration of the Supreme Court's Criminal Law Docket Register Now for Free Seated Lunch and CLE!

Rikers Island's inhumane jail conditions have received national media attention but prisons across the country share similar pathologies.

Clause 40 Foundation explains the recent history of Rikers and how it represents the nationwide crisis we're facing.

Rikers Island and the Chronic Crisis of Jail Conditions What the recent history of Rikers tells us about the choice to run inhumane jails.

If FISA—a law duly passed by Congress and signed by the president—sets legal rules for surveillance programs, why does the government keep flouting them?

Read about FISA's complicated history and how we're still subjected to warrantless mass surveillance:

Why FISA Didn’t Stop Illegal Surveillance of Americans An introduction to the essential separation-of-powers history of FISA

"Because our technology is developing far faster than our laws can be contemplated and passed, the power of our government must be consistently monitored and reined in to prevent the unconstitutional and unnecessary surveillance of innocent Americans."

How Americans have been forced to sacrifice too much privacy for national security:

clause40.org

Mens rea isn't just a niche issue to protect corporate wrongdoers; it is the idea that for the government to deprive you of liberty, it has to prove you knew you were doing wrong and that you meant to do it.

Why stronger mens rea protections matter:

Mens Rea: Perception Versus Reality How laws that undermine the principle of criminal intent deprive us of liberty.