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Article • February 16, 2018 • from CLN March, 2018
Filed under: Wrongful Conviction
After 21-Year Imprisonment, Wrongfully Convicted Nevada Man Pardoned by Christopher Zoukis by Christopher Zoukis Fred Steese spent 21 years in prison for a murder that he did not commit. He was granted an Order of Actual Innocence in 2012, but was released from prison only upon entering an Alford plea—not …
Article • February 16, 2018 • from CLN March, 2018
Use of Sentencing Mitigation Videos Grows by Derek Gilna by Derek Gilna Defendants who plead guilty on both the state and federal level generally are interviewed by the sentencing jurisdiction’s probation department, which seeks background information regarding the criminal history, family history, and health history of the defendant in order …
Article • February 16, 2018 • from CLN March, 2018
Seventh Circuit: Capital Case Defendant Denied Pro Se Right Granted Habeas Relief by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the Seventh Circuit granted a state prisoner’s petition for habeas corpus relief because the prisoner was denied his right to proceed pro se at trial, in …
Article • February 16, 2018 • from CLN March, 2018
Second Circuit Vacates 60-Month Sentence in Model Guidelines Sentencing Decision by This is a model guidelines sentencing decision filled with nuggets of pure gold in which the district judge (Katherine Forrest of the S.D.N.Y.) was sharply rebuked for imposing an above-guidelines sentence in an illegal reentry case that was three …
Publication • February 15, 2018
Keeping Kids and Parents Parents Together, a Healthier Approach to Sentencing in Tennessee, 2018 Keeping Kids and Parents Together A Healthier Approach to Sentencing in Tennessee February 2018 humanimpact.org Executive Summary It carries on throughout their life that their mother or father had to go away for a while. If …
Brief • February 6, 2018
Harden v. State of Delaware, ruling, post-conviction relief, 2018 IN THE SUPREME COURT OF THE STATE OF DELAWARE DARIUS O. HARDEN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 290, 2017 Court Below: Superior Court of …
Bread for the World Institute - Mass Incarceration: A Major Cause of Hunger, 2018 BRIEFING PAPER NUMBER 35, FEBRUARY 2018 Mass Incarceration: A Major Cause of Hunger by Marlysa D. Gamblin Bread for the World Institute provides policy analysis on hunger and poverty, as well as strategies to end it. …
Publication • January 29, 2018
Less is More in New York: An Examination of the Impact of State Parole Violations on Prison and Jail Populations, Columbia University Justice Lab, 2018 Shaping Justice for the Future Research Brief Less is More in New York: An Examination of the Impact of State Parole Violations on Prison and …
The Fair Punishment Project Details an “Epidemic of Brady Violations” by Christopher Zoukis by Christopher Zoukis The Fair Punishment Project (“FPP”), a criminal justice reform group, released a report in November 2017 detailing an “epidemic” of Brady violations taking place in criminal courts across the country. The U.S. Supreme Court …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Bail, Bail Bonds
Cryptocurrency Leveraged to Help People Make Bail by Derek Gilna by Derek Gilna "Money bail,” the process by which courts seek to guarantee a defendant’s appearance in court by forcing him or her to post money before release, has been under assault on several fronts. Prisoner rights advocates have proven …
Article • January 19, 2018 • from CLN February, 2018
Compensating the Exonerated: State Laws Are Arbitrary and Senseless by Christopher Zoukis by Christopher Zoukis October 2nd of each year marks the Annual International Wrongful Conviction Day. As of October 2, 2017, the third anniversary of the commemorative event, 351 people have been exonerated based on DNA analysis alone. Those …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Bail, Bail Bonds
50 Alabama Cities Reform Bail Practices for Poor by David Reutter by David Reutter The prodding by human and civil rights organizations has finally compelled 50 Alabama cities to reform their money bail practices. The push is putting an end to poor suspects languishing in jail solely because they cannot …
Article • January 19, 2018 • from CLN February, 2018
Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy by Mark Wilson by Mark Wilson The United States Court of Appeals for the Eighth Circuit upheld a lower court’s refusal to suppress evidence obtained during a warrantless cellphone search. The …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Wrongful Conviction
Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit by Christopher Zoukis by Christopher Zoukis The U.S. Court of Appeals for the First Circuit handed the federal government a significant defeat in a September 8, 2017 opinion, in which it threw out all but one …
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 • January 19, 2018 • from CLN February, 2018
Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1 by Kent Russell, Tara Hoveland by Attys. Kent Russell & Tara Hoveland This column provides “Habeas Hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of …
Article • January 19, 2018 • from CLN February, 2018
Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes by The United States Court of Appeals for the Eighth Circuit ruled on September 28, 2017 that a generic burglary conviction in Illinois cannot be used as one of the three “violent felonies” necessary to establish violation of …
Article • December 27, 2017
First Circuit Vacates Supervised Release Conditions for Sex Offender by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the First Circuit has vacated two onerous conditions of supervised release and reversed the imposition of a 20 year term of supervised release on a sex offender for violation of …
Article • December 27, 2017
Juvenile Sex Offenders in W.V. Not Required to Register After State Supreme Court Rules 'Adjudication' Not 'Conviction' by Lonnie Burton by Lonnie Burton On February 14, 2017, the West Virginia Supreme Court issued a decision that under state law, a juvenile adjudicated guilty of a sex offense was not required …
Article • December 27, 2017
Suspect Evidence Informed a Momentous Supreme Court Decision on Criminal Sentencing by Ryan Gabrielson by Ryan Gabrielson, ProPublica  <script type="text/javascript" src="https://pixel.propublica.org/pixel.js" async="true"></script> More than 30 years ago, Congress identified what it said was a grave threat to the American promise of equal justice for all: Federal judges were giving wildly different punishments …
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