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Article • January 15, 2025 • from CLN January, 2025
Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials by Matthew Clarke by Matt Clarke The Supreme Court of Oregon held that the provision of ORS 136.290 limiting a criminal defendant’s pretrial custody to no more than 60 days also applies to retrials. Anthony Lee Benjamin IV …
Article • August 1, 2024 • from CLN August, 2024
New Mexico Supreme Court Revises Rules Governing Pretrial Release by Douglas Ankney by Douglas Ankney On May 8, 2024, the Supreme Court of New Mexico revised the rules governing pretrial release. According to Artie Pepin, Director of the Administrative Office of the Courts, the revisions include: People released while awaiting …
Changes to Appeals of Pretrial Detention Decisions Prompts Illinois Supreme Court to Adopt Changes to Appellate Rules by Douglas Ankney by Douglas Ankney   Due to the monumental increase in the number of appeals of bond decisions, the Illinois Supreme Court adopted new appellate rules recommended by a five-person taskforce …
Electronic Monitoring: An Alternative to Incarceration or a Troubling Extension of Punishment? by David Reutter by David M. Reutter It is often said that life imitates art. When it comes to electronic monitoring (“EM”), your friendly, neighborhood Spiderman was a major influence for the idea to use an electronic device …
Article • May 17, 2023
Los Angeles Superior Court Issues Historic Preliminary Injunction on Cash Bail Enforcement by Miles Dyson by Miles Dyson LOS ANGELES — In a groundbreaking move, the Los Angeles Superior Court has issued a preliminary injunction that puts an end to the detention of individuals solely due to their inability to …
Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention by Harold Hempstead by Harold Hempstead The Supreme Judicial Court of Massachusetts held that the pretrial detention period in General Laws c. 276, § 58B begins to run when a defendant is detained, not when an order …
Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio ruled that Emile Weaver’s trial counsel was ineffective at her sentencing when he made mention of the term …
Minnesota Supreme Court Announces Expanding Scope of Traffic Stop to Investigate Occupant’s Pretrial Release Conditions Violates Minnesota Constitution by Douglas Ankney by Douglas Ankney In a case of first impressions, the Supreme Court of Minnesota held that violation of a condition of pretrial release doesn’t constitute criminal activity, so police …
Article • June 15, 2022 • from CLN July, 2022
California Court of Appeal: Trial Court Violated Humphrey by Setting High Bail Without Considering Financial Condition of Defendant or Nonfinancial Conditions of Release by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, held the trial court erred by setting bail at an amount it …
Punitive Surveillance, 2022 COPYRIGHT © 2022 VIRGINIA LAW REVIEW ASSOCIATION PUNITIVE SURVEILLANCE Kate Weisburd* Budget constraints, bipartisan desire to address mass incarceration, and the COVID-19 crisis in prisons have triggered state and federal officials to seek alternatives to incarceration. As a result, invasive electronic surveillance—such as GPS-equipped ankle monitors, smartphone …
Publication • 2022
CFPB-Justice Involved Individuals and the Consumer Financial Marketplace-Jan. 2022 CONSUMER FINANCIAL PROTECTION BUREAU | JANUARY 2022 Justice-Involved Individuals and the Consumer Financial Marketplace C cial e r Finan C o n s uctimon Bureau Prote Table of contents Table of contents......................................................................................................... 1 Executive summary..................................................................................................... 2 1. Introduction........................................................................................................... 3 2. Pretrial …
Article • May 15, 2021 • from CLN June, 2021
California Supreme Court Announces Conditioning Pretrial Release on Ability to Afford Bail Unconstitutional by Douglas Ankney by Douglas Ankney In landmark decision, the Supreme Court of California substantially limited conditions where trial courts may require money bail. Kenneth Humphrey, 66, was accused of robbing his 79-year-old neighbor of seven dollars …
Article • May 15, 2021 • from CLN June, 2021
Study: Reduced Pretrial Incarceration Doesn’t Diminish Public Safety by Casey Bastian by Casey Bastian A Loyola University Chicago study, which was funded by the John D. and Catherine T. MacArthur Foundation, closely examined a 2017 Cook County, Illinois, bail reform initiative and its impact on public safety. All too often, …
Article • December 15, 2020 • from CLN January, 2021
Filed under: Flight Risk
New Mexico Supreme Court Clarifies Meaning of Key Terms in Aggravated Fleeing From Law Enforcement Statute by Anthony Accurso by Anthony Accurso The Supreme Court of New Mexico consolidated two cases on appeal to clarify the meaning of the terms “uniformed law enforcement officer” and “appropriately marked law enforcement vehicle” …
Risk Assessment Tools Perpetuate Inherent Biases and Prejudices by Kevin Bliss by Kevin Bliss Critics contend that the new bail reform risk assessment (“RA”) tools are corrupted in use and perpetuate the same racial and monetary biases that brought the practice of bail assignment into question to begin with. Most …
First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a conviction for violation of 21 U.S.C. § 841(a)(1) is a “covered offense” …
Article • June 15, 2020 • from CLN July, 2020
Report: Risk Assessment Tools not Effective, Especially When not Used by Kevin Bliss by Kevin Bliss Risk assessment tools are not effectively reducing pretrial detention or prejudicial profiling practices in determining bail. In addition, few counties concern themselves with the effectiveness of such programs, not even bothering to monitor their …
Article • June 15, 2020 • from CLN July, 2020
COVID-19 Causing Some Pretrial Detainees to Spend More Time in Jail by Douglas Ankney by Douglas Ankney In New York, persons accused of felonies are brought before a judge who decides whether to impose bail. Then prosecutors must present the evidence before a grand jury within six days and obtain …
Publication • 2020
Filed under: Bail/Pretrial Release
National Consumer Law Center, Applying Consumer Laws to Commercial Bail, Prison Retail and Private Debt Collection, 2020 COMMERCIALIZED (IN)JUSTICE LITIGATION GUIDE: APPLYING CONSUMER LAWS TO COMMERCIAL BAIL, PRISON RETAIL, AND PRIVATE DEBT COLLECTION By Ariel Nelson, Brian Highsmith, Alex Kornya, and Stephen Raher National Consumer Law Center® June 2020 © …
Publication • 2020
Filed under: Bail/Pretrial Release
The Case Against Pretrial Risk Assessment Instruments, Pretrial Justice Institute, 2020 P.11 • • ® Pretrial Justice Institute PRETRIAL JUSTICE INfflTUTE November, 2020 The Case Against Pretrial Risk Assessment Instruments Pretrial risk assessment instruments (RAIs) are actuarial tools KEY TAKEAWAYS n Pretrial risk assessment instruments (RAIs) are constructed from biased …
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