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Article • May 22, 2018 • from CLN June, 2018
Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights by Matthew Clarke by Matt Clarke On October 24, 2017, the U.S. Court of Appeals for the Fifth Circuit held that an indicted Mississippi pre-trial detainee’s Fourteenth Amendment due process …
West Virginia Supremes: Previous Nonviolent Crimes, Life Sentence Unconstitutional by Dale Chappell by Dale Chappell The Supreme Court of Appeals of West Virginia held that a life sentence based on two prior driving on a revoked license felonies violated the West Virginia Constitution’s provision that “[p]enalties shall be proportioned to …
Article • March 16, 2018 • from CLN April, 2018
Sixth Circuit: Sentence Enhancement Inapplicable, Sales of Guns and Drugs Separate by Dale Chappell by Dale Chappell Where the negotiation of each transaction was “fully consummated” before the next, the sale of guns and drugs separately was not enough to apply a guideline enhancement, the Sixth Circuit held December 5, …
Article • March 16, 2018 • from CLN April, 2018
7 Years Pre-Trial Incarceration: Vacated Convictions by This decision is a rare example of a criminal defendant actually getting permanent relief based on a violation of his speedy trial rights. Joseph Tigano, III and his father, Joseph Tigano, Sr., were arrested on July 8, 2008 on charges related to a …
Article • March 16, 2018 • from CLN April, 2018
California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike by Edward Lyon by Edward B. Lyon California is well known for its harsh Three Strikes law, which enhances prison terms for certain repeat offenders. Under that law, defendants whose first felony was “serious or violent” are classified as a …
Article • March 16, 2018 • from CLN April, 2018
Kansas Supremes: No Lifetime Post-Release Supervision by Derek Gilna by Derek Gilna The Kansas Supreme Court vacated sentences in which the district court had imposed lifetime post-release supervision on a defendant convicted of attempted first-degree murder, first-degree murder, aggravated assault, and illegal use of a communication facility. The Court held …
Article • January 19, 2018 • from CLN February, 2018
The Insanity Defense: It’s Not What You Think by Christopher Zoukis by Christopher Zoukis In the American criminal justice system, a defendant who commits a crime while “insane” cannot be held legally responsible for that crime. In such cases, legal guilt is not established, and the defendant may not be …
Article • December 19, 2017 • from CLN January, 2018
DOJ Ends Unconstitutional Investigative Holds by Louisiana Police by David Reutter by David M. Reutter The U.S. Department of Justice (“DOJ”) determined that two Louisiana police agencies utilized unconstitutional “investigative holds.” The practice was used by the Evangeline Parish Sheriff’s Office (“EPSO”) and the Ville Platte Police Department (“VPPD”) to …
Second Chance Reforms 2017 CCRC Limiting Second Chance Reforms in 2017 Roundup of new expungement and restoration laws December 2017 COLLATERAL CONSEQUENCES RESOURCE CENTER The Collateral Consequences Resource Center is a non-profit organization established in 2014 to promote public discussion of the collateral consequences of conviction, the legal restrictions and …
Publication • March 16, 2017
Senator Grassley - Letter to FBOP on Untimely Release of Prisoners, 2017 February 22, 2017 VIA ELECTRONIC TRANSMISSION The Honorable Thomas R. Kane Acting Director Federal Bureau of Prisons 320 First Street, NW Washington, D.C. 20534 Dear Acting Director Kane: In a 2014 news article, the Bureau of Prisons (BOP) …
Thompson, et al. v. Jackson, et al., GA, Amended Class Action Complaint, Inmates Denied Release, 2016 Fulton Case 1:16-cv-04217-MLB Document 9 Filed 11/10/16 Page 1 of 58 County Superior Court ***EFILED***TMM Date: 10/14/2016 11:51:39 AM Cathelene Robinson, Clerk IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA OSWALD THOMPSON, …
Publication • June 2, 2016
Review of the Federal Bureau of Prisons Untimely Releases of Inmates, OIG, 2016 Office of the Inspector General U.S. Department of Justice Office of the Inspector General U.S. Department of Justice Review of the Federal Bureau of Prisons’ Untimely Releases of Inmates Evaluation and Inspections Division 16-03 May 2016 EXECUTIVE …
Publication • 2016
Brennan Center for Justice - How Many Americans Are Unnecessarily Incarcerated, 2016 HOW M A N Y A MER IC A NS ARE UNNECESSARILY INCARCERATED? Dr. James Austin and Lauren-Brooke Eisen with James Cullen and Jonathan Frank Preface by Inimai Chettiar Brennan Center for Justice at New York University School …
Publication • March 9, 2016
Filed under: Overdetention
Email re damages in excessive detention cases, Dugan, 2008 Re: [npap] damages in excessive detention cases 1 of 4 Subject: Re: [npap] damages in excessive detention cases From: Marianne Dugan <mdugan@mdugan.com> Date: Thu, 08 May 2008 11:56:46 -0700 To: jsolson@scofflaw.com CC: npap@nationallawyersguild.org At 06:56 PM 5/7/2008, you wrote: PLN's website …
Publication • March 9, 2016
Filed under: Overdetention
Email re excessive detention examples from 2011, Dugan, 2011 Re: [npap] What is each incarcerated day worth? 1 of 4 Subject: Re: [npap] What is each incarcerated day worth? From: Marianne Dugan <mdugan@mdugan.com> Date: Wed, 01 Jun 2011 10:42:05 -0700 To: jsolson@scofflaw.com CC: ŶƉĂƉΛ ŶĂƟŽŶĂůůĂǁ LJĞƌƐŐƵŝůĚ͘ ŽƌŐ Here are some …
Publication • March 9, 2016
Filed under: Overdetention
Email re overdetention awards in decisions, NPAP, 2008 Re: [npap] [NY-Trial] Re: OVER-DETENTION AWARDS IN DECIS... 1 of 2 Subject: Re: [npap] [NY-Trial] Re: OVER-DETENTION AWARDS IN DECISIONS IN NY STATE COURT OF CLAIMS From: "Michael R. Scolnick Esq." <scollaw@optonline.net> Date: Fri, 15 Feb 2008 19:07:21 -0500 To: jsolson@scofflaw.com CC: …
Publication • February 16, 2016
BOP Growing Inmate Crowding Negatively Affects Inmates, Staff, and Infrastructure (Overcrowding), GAO, 2012 GAO September 2012 United States Government Accountability Office A Report to Congressional Requesters BUREAU OF PRISONS Growing Inmate Crowding Negatively Affects Inmates, Staff, and Infrastructure GAO-12-743 September 2012 BUREAU OF PRISONS Growing Inmate Crowding Negatively Affects Inmates, …
Publication • February 11, 2016
Payoff - How Congress Ensures Private Prisons Profit with an Immigrant Detention Quota, 2015 F F O Y PA How Congress Ensures Immigrant Detention Quota April 2015 PAYOFF: with an Immigrant Detention Quota April 2015 By: Bethany Carson and Eleana Diaz Design & Layout: Catherine Cunningham Grassroots Leadership would like …
Publication • February 11, 2016
Filed under: Overdetention, Immigration
How Ineffective Inspections Make ICE Complicit in Immigration Detention Abuse, NIJC, 2015 Lives in Peril: How Ineffective Inspections Make ICE Complicit in Immigration Detention Abuse The Immigration Detention Transparency and Human Rights Project October 2015 Report immigrantjustice.org detentionwatchnetwork.org About the National Immigrant Justice Center With offices in Chicago, Indiana, and …
Publication • February 10, 2016
Solitary Confinement, June, Human Rights Watch, 2012 Written Statement of Human Rights Watch to The United States Senate Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Human Rights “Reassessing Solitary Confinement: The Human Rights, Fiscal, and Public Safety Consequences” June 19, 2012 Human Rights Watch is grateful …
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