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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 …
Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that U.S. …
The Problem with Some Non-Carceral Punishments by Carlo Difundo by Carlos Difundo By 2007, the incarceration rate in the U.S. had skyrocketed to about 767 per 100,000 people. That statistic leads the free world and compares unfavorably with Russia’s 450 to 600 per 100,000 people. Many people see the problem …
Publication • February 1, 2024
An Overview of Intermittent Confinement and Weekend Incarceration in the US-Feb 2024 Electronic copy available at: https://ssrn.com/abstract=4723504 0 THE OHIO STATE UNIVERSITY MORITZ COLLEGE OF LAW DRUG ENFORCEMENT AND POLICY CENTER An Overview of Intermittent Confinement and Weekend Incarceration in the U.S. Pete Leasure, Douglas A. Berman, and Jana Hrdinová …
California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, held that a probation condition prohibiting possession of pornographic materials was impermissibly vague. Michael Gruis pleaded no contest to one count of possession …
Article • September 1, 2023 • from CLN September, 2023
Filed under: Age, Conditions of
Report Finds Older Prisoners in Maryland Are Less Likely to Be Paroled by Jordan Arizmendi by Jordan Arizmendi Upon reading the Justice Policy Institute report entitled “Safe at Home: Improving Maryland’s Parole Release Decision Making,” the first look at Maryland’s parole system in excess of 80 years, one disturbing trend …
Article • June 15, 2023 • from CLN July, 2023
Filed under: Conditions of
Banishment: Using an Ancient Solution to Address a Modern Problem by Benjamin Tschirhart by Benjamin Tschirhart The old has become new again in the city of Saint Louis. For several years now, police have been issuing “neighborhood orders of protection,” which forbid a cited person from entering a specific municipal …
Article • March 15, 2023 • from CLN April, 2023
Eighth Circuit Announces ‘Probable Cause’ Is Proper Standard for Determining Whether Parolee Resides at Third-Party’s Residence for Purposes of Warrantless Searches by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Eighth Circuit upheld a suppression motion relating to the warrantless search of a home where …
Article • February 15, 2023 • from CLN March, 2023
Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional by Anthony Accurso by Anthony W Accurso The Supreme Judicial Court of Massachusetts overturned a Superior Court’s denial of a defendant’s motion challenging a condition of his probation which required GPS monitoring, ruling the Commonwealth …
Article • December 15, 2021 • from CLN January, 2022
Filed under: Conditions of
California Supreme Court Announces Mandatory Supervision Conditions Un-der Realignment Act Evaluated for Reasonableness on Case-by-Case Basis Under Lent Test by Anthony Accurso by Anthony W. Accurso In a case of first impression, the Supreme Court of California held that conditions of mandatory supervision under the 2011 Realignment Act, Stats. 2011, …
Article • April 15, 2021 • from CLN May, 2021
Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on January 22, 2021, on a direct appeal, that a total ban on any employment unless authorized by probation …
Fourth Circuit: Conditions of Release Banning Internet Access and Legal Pornography Overbroad and Not Reasonably Related by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of North Carolina’s special conditions of release that banned …
Article • February 15, 2021 • from CLN March, 2021
Ohio Supreme Court: ‘Avoid Impregnating a Woman’ as Probation Condition for Failing to Pay Child Support Unreasonable by Dale Chappell by Dale Chappell The Supreme Court of Ohio held that a condition requiring a man to “avoid impregnating a woman” while on probation for failing to pay child support was …
Article • January 15, 2021 • from CLN February, 2021
Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that Jeremy Hogenkamp was entitled to know, before he was released from prison, what the terms and conditions of …
Article • December 15, 2020 • from CLN January, 2021
Fifth Circuit: Special Conditions of Supervised Release That Barred Use of Internet, Computers, and Electronic Devices for 10 Years Not Substantively Reasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the special conditions of supervised release imposed by the U.S. District …
Tenth Circuit: District Court’s Failure to Justify Special Condition Was Plain Error by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit ruled on October 9, 2020, that the U.S. District Court for the District of Wyoming plainly erred by imposing a sexual material prohibition …
Publication • 2020
Policy Reforms Can Strenghten Community Supervision-April 2020 Report ~I.~ ~ii THE PEW C H AR I TAB LE TR u s Ts Policy Reforms Can Strengthen Community Supervision A framework to improve probation and parole April 2020 Contents 4 Overview Glossary 7 9 Enact alternatives to arrest, incarceration, and supervision …
Publication • 2016
Use of Electronic Offender-Tracking Devices, PEW, 2016 A brief from Sept 2016 Use of Electronic Offender-Tracking Devices Expands Sharply Number of monitored individuals more than doubled in 10 years Overview The number of accused and convicted criminal offenders in the United States who are monitored with ankle bracelets and other …