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Article • June 17, 2019 • from CLN July, 2019
Filed under: Probation
Missouri Supreme Court Issues Writ of Prohibition Prohibiting Circuit Court From Revoking Probation After Probation Term Had Already Expired by Douglas Ankney by Douglas Ankney On December 11, 2014, the circuit court sentenced Travis Jones to 10 years in prison following his guilty plea to one count of felonious restraint. …
Article • June 17, 2019 • from CLN July, 2019
Prosecutorial Power Used Too Often to Stop Prisoners From Getting Second Chance at Life by Chad Marks by Chad Marks Alexander Hamilton once described the reasons for the existence of clemency as those of humanity and good policy. Both clemency and parole reflect a commitment to the ancient value of …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Sentencing
Attempted Felony-Murder Is Not a Cognizable Crime in West Virginia by Douglas Ankney by Douglas Ankney Maurice Stephen Sanders and Deshaun Evans decided to rob drug dealer Josh Palmer. Both Sanders and Evans had guns. In the course of the robbery, a neighbor of Palmer—Christopher Greene—was pistol-whipped and robbed. Greene’s …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Sentencing
Eighth Circuit Finds Child Porn Sentence ‘Substantively Unreasonable’ by Dale Chappell by Dale Chappell In a rare move, the U.S. Court of Appeals for the Eighth Circuit found that a sentence imposed for a violation of probation in a child pornography case was “substantively unreasonable” and that the sentencing court …
Article • June 17, 2019 • from CLN July, 2019
Fourth Circuit Rules Government Breached Plea Agreement When It Failed to Honor Its Drug Conduct Stipulation at Sentencing by Chad Marks by Chad Marks The U.S. Court of Appeals for the Fourth Circuit ruled that the Government breached its plea agreement with the defendant by failing to honor its drug …
Article • June 17, 2019 • from CLN July, 2019
Filed under: Parole
Illinois Enacts Youthful Parole for Some by Clifford Powers by Clifford Powers Illinois Governor JB Pritzker made history on April 1, 2019, when he signed a bill creating Illinois’ first new parole system since it was effectively abolished in 1978. Before this, only those incarcerated for over 40 years, i.e. …
Article • June 17, 2019 • from CLN July, 2019
Filed under: War on Drugs, Sentencing
Locking Up Drug ‘Dealers’ to Save Users Doesn’t Make Anyone Safer by Alyssa Stryker by Alyssa Stryker, Truthout President Trump declared a national emergency to fund a wall on the southern U.S. border. In his declaration speech, he doubled down on the ridiculous idea that a wall would significantly impact the drug trade. …
Collateral Consequences: The Crossroads of Punishment, Redemption, and the Effects on Communities, U.S. Commission on Civil Rights, 2019 U . S . C O M M I S S I O N O N C I V I L R I G H T S COLLATERAL CONSEQUENCES: The Crossroads of …
Publication • 2019
Filed under: First Step Act
Dept of Justice, the First Step Act of 2018 - Risk and Needs Assessment System, 2019 U.S. Department of Justice Office of the Attorney General The First Step Act of 2018: Risk and Needs Assessment System The First Step Act of 2018: Risk and Needs Assessment System Table of Contents …
First Step Act of 2018 Resentencing Provisions Retroactivity Data Report, U.S. Sentencing Commission, 2019 U.S. Sentencing Commission First Step Act of 2018 Resentencing Provisions Retroactivity Data Report June 2019 Introduction As part of its ongoing mission, the United States Sentencing Commission provides Congress, the judiciary, the executive branch, and the …
Publication • 2019
Filed under: Pardons/Clemency
Asian Americans Advancing Justice-Guide to California Pardons, May 2019 -ASIAN AM RICANS ADVANCING JUSTlC~ .. ASIAN LAW CAUCUS GUIDE TO CALIFORNIA PARDONS ... , .. • MAY 2019 I I I ... r . • ..-. " I :... J'> ~ ~> ~ ADVANCtlNG JUSTICE ASIAN LAW CAUCUS Table of …
Publication • 2019
Filed under: Pardons/Clemency
California Coalition for Women Prisoners-Commutation Application Guide, June 2019 California Coalition for Women Prisoners 4400 Market Street, Oakland, CA 94608 Phone: (415) 255-7036 x4 Fax: (415) 552-3150 Email: info@womenprisoners.org Commutation Application Guide This document is intended to support incarcerated people and advocates in submitting commutation applications to Governor Newsom of …
Publication • June 1, 2019
The Sentencing Project, Campaign to End Life Imprisonment - Women and Girls Serving Life Sentences, 2019 CAMPAIGN TO END LIFE IMPRISONMENT WOMEN AND GIRLS SERVING LIFE SENTENCES Nationwide one of every 15 women in prison — nearly 7,000 women — is serving a life or virtual life sentence.1 One-third of …
Analysis of California LWOP Decisions, Harvard Law Review, 2019 \\jciprod01\productn\H\HLC\54-2\HLC202.txt unknown Seq: 1 28-JUN-19 13:22 A Stone of Hope: Legal and Empirical Analysis of California Juvenile Lifer Parole Decisions Kristen Bell1 “With this faith, we will be able to hew out of the mountain of despair a stone of hope.” …
A Stone of Hope: Legal and Empirical Analysis of California Juvenile Lifer Parole Decisions, Harvard Law Review, 2019 \\jciprod01\productn\H\HLC\54-2\HLC202.txt unknown Seq: 1 28-JUN-19 13:22 A Stone of Hope: Legal and Empirical Analysis of California Juvenile Lifer Parole Decisions Kristen Bell1 “With this faith, we will be able to hew out …
Article • May 16, 2019 • from CLN June, 2019
Filed under: Probation
Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation by Derek Gilna by Derek Gilna A December 2018 report by the Tennessee Comptroller of the Treasury after its audit of the state’s Private Probation Services Council found that it “did not adequately oversee private probation entities, putting probationers at risk.” …
Article • May 16, 2019 • from CLN June, 2019
If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer by Douglas Ankney by Douglas Ankney A new report from the U.S. Sentencing Commission reveals that the length of a defendant’s prison sentence increasingly depends on the whims of the judge. For example, in Philadelphia, some of …
Article • May 16, 2019 • from CLN June, 2019
Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder by The U.S. has seen a rise in exonerations in recent years. The National Registry of Exonerations (law.umich.edu) reports at least 139 exonerations in 2017, 166 in 2016 and 149 in 2015. But wrongfully convicted Ronald Stewart did not …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Habeas Corpus
Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez by Chad Marks by Chad Marks The U.S. Court of Appeals for the Ninth Circuit issued an order remanding a habeas case so that the district court could conduct an analysis of …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Sentencing
Kansas Supreme Court Overturns Sentence for Vindictiveness by Anthony Accurso by Anthony Accurso The Supreme Court of Kansas overturned a decision of the Court of Appeals and vacated the defendant’s sentence because the district court’s only reason for lengthening his sentence on remand was defendant’s successful appeal.  Wyatt G. Brown …
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