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Article • January 15, 2022 • from CLN February, 2022
Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit clarified the standard of review for revocation of bond when the arrestee is alleged to have violated conditions of release. Lashawn …
Article • June 20, 2019
Arizona Man Faces Deportation After Filing Lawsuit Against Coconino County Sheriff by Lauren Gill Jose Montelongo-Morales challenged the jail’s immigration detainer policy. He and some of his family members were arrested months later. by Lauren Gill, The Appeal  On April 19, at least 10 ICE agents, wearing bulletproof vests and …
Ohio Mayor’s Courts Are Huge Sources of Unjust Revenues by Edward Lyon by Ed Lyon U.S. jurisprudence generally strives to avoid conflicting interests and even the appearance of impropriety. This practice apparently does not apply to the system of mayor’s courts in Ohio. Reminiscent of ancient Star Chamber of England, …
Article • May 22, 2019
Some Texas Judges Not Complying with State Law on Misdemeanor Cases by Edward Lyon by Ed Lyon Since 2010, Texas has been able to reduce the size of its prison system from an all-time high of 127 units to its current 104 units. A major factor contributing to this reduction …
Article • March 16, 2019 • from CLN April, 2019
In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the Excessive Fines Clause of the Eighth Amendment is applicable to the states through the …
Article • February 14, 2019 • from CLN March, 2019
California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional by Douglas Ankney by Douglas Ankney On January 8, 2019, the Court of Appeal for the Second Appellate District of the state of California ruled that when the only reason a defendant cannot …
Fines and Fees: Explained by Jessica Brand by Jessica Brand, In Justice Today In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines — like bail, civil asset forfeiture, or the Brady …
Article • November 30, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs. The …
Article • November 16, 2017 • from CLN December, 2017
Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional by Mark Wilson by Mark Wilson The Missouri Supreme Court sitting en banc ruled that a sentencing court improperly revoked a defendant’s probation for failing to pay court costs without first inquiring into the reasons for his failure …
Wilkins v. Aberdeen, OK, Complaint, Court Fees, 2017 Case 4:17-cv-00606-CVE-JFJ Document 2 Filed in USDC ND/OK on 11/02/17 Page 1 of 103 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA (1) IRA LEE WILKINS, ) ) ) On behalf of themselves and all others ) similarly …
Charging the Poor - Criminal Justice Debt & Modern-Day Debtors' Prisons, Sobol, 2016 Legal Studies Research Paper Series Research Paper No. 16–09 Charging the Poor: Criminal Justice Debt & Modern-Day Debtors' Prisons Neil L. Sobol This paper can be downloaded without charge from the Social Science Research Network Electronic Paper …
Brief • August 23, 2016
Dade v. Sherwood, AR, Complaint, Hot Check, 2016 Case 4:16-cv-00602-JM Document 1 Filed 08/23/16 Page 1 of 58 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS - - - - --------- - ----------- CHARLES DADE, NAKITA LEWIS, NIKKI PETREE, LEE ANDREW ROBERTSON, and PHILIP AXELROTH, individually and on …
Publication • March 14, 2016
Enforcement of Fines and Fees Letter, USDOJ Civil Rights Division, 2016 U.S. Department of Justice Civil Rights Division Office for Access to Justice Washington, D.C. 20530 March 14, 2016 Dear Colleague: The Department of Justice (“the Department”) is committed to assisting state and local courts in their efforts to ensure …
Publication • February 11, 2016
Filed under: Indigent Defense, Bond Fees
Charging Inmates Perpetuates Mass Incarceration, Brennan Center for Justice, 2015 Charging Inmates Perpetuates Mass Incarceration By Lauren-Brooke Eisen Brennan Center for Justice at New York University School of Law ABOUT THE BRENNAN CENTER FOR JUSTICE The Brennan Center for Justice at NYU School of Law is a nonpartisan law and …