Criminal Legal Reform

Increasingly harsh criminal justice policies over the last three decades have resulted in a system that relies on over-criminalization, mass incarceration, and racial injustice. Instead of ensuring public safety and addressing the root causes of crime, the war on drugs has led to unconstitutional police practices, unfair and inconsistent sentencing, and abuses of authority which only harm, rather than help, the public, and extremely disproportionately affect minorities.

Nationally, the ACLU's Smart Justice movement has sought to orchestrate national reforms to the “front end” of the criminal justice system from policing to sentencing. This includes putting an end to racially motivated policing and sentencing, increasing government accountability and transparency, and reversing the shift toward excessive incarceration.

Bail Report

Increasingly harsh criminal justice policies over the last three decades have resulted in a system that relies on over-criminalization, mass incarceration, and racial injustice. Instead of ensuring public safety and addressing the root causes of crime, the war on drugs has led to unconstitutional police practices, unfair and inconsistent sentencing, and abuses of authority which only harm, rather than help, the public, and extremely disproportionately affect minorities.

Nationally, the ACLU's Smart Justice movement has sought to orchestrate national reforms to the “front end” of the criminal justice system from policing to sentencing. This includes putting an end to racially motivated policing and sentencing, increasing government accountability and transparency, and reversing the shift toward excessive incarceration.

What are we doing about it?

The ACLU of Kansas launched the Reimagine Justice campaign, which centers on creating change in Kansas's criminal legal system. The main objectives outlined in the campaign are eliminating fines and fees in juvenile courts, decriminalizing medical marijuana, and decreasing the number of people detained pretrial.

We know that reimagining our criminal legal system is not a partisan, ideological, or political issue. It is an issue that impacts all of us. And we're fighting for better, fairer, more prosperous outcomes for those who come in contact with it.

The Latest

Resource
Placeholder image

White House Domestic Policy Counsel Office, Leavenworth Cou. Commission re: CoreCivic Leavenworth

Press Release
BREAKING: Gov Kelly has released eight people from prison through executive clemency

Gov. Kelly releases three ACLU of Kansas Clemency Project clients, paving the way for many more such releases

In a historic move the ACLU of Kansas hopes will normalize the use of executive clemency, Governor Laura Kelly today released three affiliate clients from various state prisons via commutation.
News & Commentary
corecivic

Leavenworth backs detention center plan with new oversight requirements

The American Civil Liberties Union of Kansas sent a statement to KCTV 5 on the city commission’s vote and decision to create a community oversight board: We applaud the Leavenworth residents and the local community who showed up to make their voices heard in the hours of opposition testimony last night. The current language of the SUP still puts a great deal of trust in CoreCivic’s word, and this goes against the very real concerns for safety and human dignity at this facility we all heard last night. We recognize the difficult position the commissioners are in, but it would also be unfortunate if the amendment was an indicator that they have prematurely made a final decision to allow an ICE detention center to open. If this is the route we are taking, then the task force must have full oversight authority and independent investigatory power over CoreCivic. We caution the City against falling into a trap of CoreCivic’s many overtures of collaboration that it undermines the task force’s independence and its real purpose of accountability and intervention, if and when violations of the conditions occur.
News & Commentary
ICE

Kansas bill proposes ICE officers receive same protections under law as police

The ACLU of Kansas has testified against the bill, arguing it makes it harder to hold federal agents accountable for misconduct and expands immunity without strengthening oversight.
Court Case
Jun 13, 2022

AMICUS BRIEF: State v. Garrett

On June 13, 2022, the ACLU of Kansas filed an amicus brief in State of Kansas v. Edwanda R. Garrett challenging the constitutionality of K.S.A. 21-6608(c)(7), which currently prolongs probation for “as long as the amount of restitution order has not been paid”. By ensuring that low- and no-income people are subjected to longer and harsher punishment than their wealthier counterparts for simply being unable to pay, the statute violates the Equal Protection Clause of the U.S. Constitution.
Court Case
May 26, 2022

Glendening et al. v. Howard et al. [KDADS – Larned State Hospital]

The ACLU of Kansas, along with partners, filed a class action suit on May 26, 2022 against the Kansas Department of Aging and Disability Services (KDADS), citing wait times as long as 13 months for competency evaluations and restoration treatment for people facing criminal charges.
Court Case
Apr 19, 2021

Progeny et al v. City of Wichita et al

On April 15, 2021 the ACLU of Kansas and Kansas Appleseed filed a class-action lawsuit against the City of Wichita, challenging the Wichita Police Department's use of a "gang" list.
Court Case
Feb 06, 2026

Shaw v. Smith (previously Jones)

On January 30, 2020, the ACLU of Kansas filed a lawsuit challenging the Kansas Highway Patrol’s practice of unconstitutionally targeting motorists with out-of-state plates traveling to and from Colorado and routinely employing a training technique known as the “Kansas Two-Step.” We represent several individuals who were stopped and detained by KHP troopers for traffic infractions, and were then detained for a canine sniff of their vehicle, without adequate reasonable suspicion, in violation of the Fourth Amendment.