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Time to Find the Key by Jayson Hawkins by Jayson Hawkins “Lock’em up and throw away the key” has long been the rallying cry of the tough-on-crime crowd. While this approach may have an intuitive appeal to a public frightened by stories about crime in the media, a series of …
Publication • January 25, 2023
Filed under: Overdetention
DOJ Investigative Finding-Louisiana DOC, Jan. 2023 Louisiana Department of Public Safety and Corrections Investigative Findings and Next Steps On January 25, 2023, following an extensive investigation, the U.S. Department of Justice’s (DOJ) Civil Rights Division and the three U.S. Attorney’s Offices for the State of Louisiana notified the Louisiana Department …
Publication • January 25, 2023
Filed under: Overdetention
Investigation of the Lousiana Dept. Of Public Safety & Corrections-Jan. 2023 INVESTIGATION OF THE LOUISIANA DEPARTMENT OF PUBLIC SAFETY & CORRECTIONS United States Department of Justice Civil Rights Division January 25, 2023 TABLE OF CONTENTS I. INTRODUCTION .................................................................................................................. 1 II. SUMMARY ............................................................................................................................ 1 III. INVESTIGATION .................................................................................................................. 3 IV. BACKGROUND .................................................................................................................... …
Article • January 15, 2022 • from CLN February, 2022
Why Won’t the State of Missouri Release Innocent Men From Prison? by Casey Bastian by Casey J. Bastian There are not many people who can truly relate to the Kafkaesque experience of the three men currently stuck in the Missouri prisons. All three are factually innocent but have spent decades …
Article • September 15, 2020 • from CLN October, 2020
Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search by Matthew Clarke by Matt Clarke The Supreme Court of Michigan ruled that a probation officer who found heroin during a compliance check after the probation had ended and then been unlawfully extended conducted an unauthorized …
Article • September 15, 2020 • from CLN October, 2020
California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder by Dale Chappell by Dale Chappell The Supreme Court of California vacated a life without parole (“LWOP”) sentence imposed in a first-degree murder conviction, applying its recent decisions clarifying a “special circumstance” to allow such a …
Article • September 15, 2020 • from CLN October, 2020
Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit ruled that a prisoner immediately released under the First Step Act of 2018 could not “bank” …
Publication • May 1, 2020
U.S. Prison Decline: Insufficient to Undo Mass Incarceration, The Sentencing Project, 2020 U.S. PRISON DECLINE: INSUFFICIENT TO UNDO MASS INCARCERATION U.S. Prison Decline: Insufficient to Undo Mass Incarceration By yearend 2018, the U.S. prison population reached 1.4 million people, declining by 9% since reaching its peak level in 2009. This …
Article • December 1, 2019
Misadvice About Oregon Time-Served Credit is Ineffective Assistance of Counsel by Mark Wilson by Mark Wilson  The Oregon Court of Appeals held that misinformation during plea negotiations about time-served credit constitutes ineffective assistance of trial counsel. On September 9, 2011, the State of Oregon charged Omteme Moni Blayas Sanders with …
Tennessee Criminal Justice Investment Task Force review, 2019 Criminal Justice Investment Task Force Acknowledgements While the work of a number of subcommittees of the Tennessee Criminal Justice Investment Task Force is ongoing and not reflected within this report, the Task Force would like to thank the following agencies, associations, and …
Vera Institute of Justice - Gatekeepers: The Role of Police in Ending Mass Incarceration, 2019 Gatekeepers: The Role of Police in Ending Mass Incarceration S. Rebecca Neusteter, Ram Subramanian, Jennifer Trone, Mawia Khogali, and Cindy Reed August 2019 From the Director Reforming the criminal justice system has become a bipartisan …
Article • June 22, 2019
Federal Court Upholds Antiquated Virginia Law Allowing Jail Time for Being Near Alcohol by Dale Chappell by Dale Chappell  An antiquated Virginia law that allows courts to label someone a “habitual drunkard,” permitting police to throw someone in jail for simply being near alcohol, was upheld by the U.S. Court …
Article • June 17, 2019 • from CLN July, 2019
$250,000 Awarded to Woman Who Spent 96 Days in Jail by Douglas Ankney by Douglas Ankney A jury in Aberdeen, Mississippi, awarded Jessica Jauch $250,000 after she spent 96 days in jail without seeing a judge. Jauch was arrested on traffic charges in 2012 but was held in the Choctaw …
Urban Institute - Next Steps in Federal Corrections Reform, Implementing and Building on the First Step Act, 2019 JUSTICE POLICY CENTER Next Steps in Federal Corrections Reform IMPLEMENTING AND BUILDING ON THE FIRST STEP ACT Julie Samuels, Nancy La Vigne, and Chelsea Thomson May 2019 The topic of federal corrections …
The Next Step - Ending Excessive Punishment for Violent Crimes, 2019 The Next Step Ending Excessive Punishment for Violent Crimes For more information, contact: The Sentencing Project 1705 DeSales Street NW 8th Floor Washington, D.C. 20036 (202) 628-0871 sentencingproject.org twitter.com/sentencingproj facebook.com/thesentencingproject instagram.com/endlifeimprisonment This report was written by Nazgol Ghandnoosh, Ph.D., …
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Overdetention
Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit has held that the accrual date for claims for arrest and detention without probable cause is the date the detention ends. Maurice Lewis …
SPLC Americans for Immigrant Justice: Prison by Any Other Name - A Report on South Florida Detention Facilities, 2019 PRISON BY ANY OTHER NAME A REPORT ON SOUTH FLORIDA DE TENTION FACILITIES ABOUT THE SOUTHERN POVERTY LAW CENTER The Southern Poverty Law Center, based in Montgomery, Alabama, is a nonprofit …
Article • December 28, 2018 • from CLN January, 2019
Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit took the federal Bureau of Prisons to task for using its statutory authority to improperly prolong a prisoner’s sentence. The opinion vacated a district court …
Massachusetts Supreme Court Holds Seven-Year Delay and Inability to Receive Sex Offender Treatment While Awaiting SDP Trial Violates Due Process by Dale Chappell by Dale Chappell “While substantive due process permits limited confinement after a probable cause determination, it does not permit the Commonwealth to hold an individual indefinitely while …
Article • July 20, 2018 • from CLN August, 2018
Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’ by Dale Chappell by Dale Chappell Weekends in jail count as time “in prison,” the U.S. Court of Appeals for the Ninth Circuit held, granting immediate release for a prisoner serving a supervised release revocation term in prison. When …
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