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Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that because a conviction under Pennsylvania’s first-degree aggravated assault statute, 18 Pa. Cons. …
New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors by Anthony Accurso by Anthony W. Accurso New Mexico Governor Michelle Lujan Gresham signed SB64, the No Life Sentences for Juveniles Act, into law on March 17, 2023, ending life without parole (“LWOP”) sentencing for offenders …
Supreme Court of California: After Amendments to Three Strikes Law, Courts Retain Concurrent Sentencing Discretion for Qualifying Offenses Committed on Same Occasion or Arising From Same Operative Facts by Douglas Ankney by Douglas Ankney The Supreme Court of California held that after amendments to the Three Strikes law, trial courts …
Article • June 15, 2023 • from CLN July, 2023
Filed under: Three Strikes, Credits
California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019 by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that assault with a firearm is not a violent felony …
Article • September 17, 2019 • from CLN October, 2019
Filed under: Three Strikes
U.S. District Court Holds Residual Clause of Federal Three-Strikes Law Unconstitutional by Dale Chappell by Dale Chappell The U.S. District Court for the Southern District of California granted postconviction relief on June 12, 2019, to a federal prisoner serving a mandatory life sentence, holding that the so-called “residual clause” of …
The Criminal History of Federal Offenders, United States Sentencing Commission, 2018 The Criminal History of Federal Offenders UNITED STATES SENTENCING COMMISSION United States Sentencing Commission One Columbus Circle, N.E. Washington, DC 20002 www.ussc.gov William H. Pryor Jr. Acting Chair Rachel E. Barkow Commissioner Charles R. Breyer Commissioner Danny C. Reeves …
Article • March 16, 2018 • from CLN April, 2018
California Supreme: “Beyond a Reasonable Doubt” Standard for Second Strike by Edward Lyon by Edward B. Lyon California is well known for its harsh Three Strikes law, which enhances prison terms for certain repeat offenders. Under that law, defendants whose first felony was “serious or violent” are classified as a …
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 …
Second Chance Reforms 2017 CCRC Limiting Second Chance Reforms in 2017 Roundup of new expungement and restoration laws December 2017 COLLATERAL CONSEQUENCES RESOURCE CENTER The Collateral Consequences Resource Center is a non-profit organization established in 2014 to promote public discussion of the collateral consequences of conviction, the legal restrictions and …
California’s Historic Corrections Reforms, PPIC, 2016 California’s Historic Corrections Reforms September 2016 Magnus Lofstrom, Mia Bird, and Brandon Martin PPIC.ORG © 2016 Public Policy Institute of California. PPIC is a public charity. It does not take or support positions on any ballot measures or on any local, state, or federal …
20 Years of Flawed Criminal Justice Policy, NCCD - Muhammad, 2014 NCCD I Na.tionalCo';lncilon Crime & Delinquency (/) About Us (/about-us)· Get Involved (/get-involved)· Contact Us (/about-us/contact-locations) DONATE NOW (HITPS://APP.ETAPESTRY.COM/HOSTED/NATIONALCOUNCILONCRIMEDE/ONLINEDONATION.HTML) WHAT WE DO (/WHAT-WE-DO) RESEARCH (/RESEARCH) A NALYTICS (/ANALYTICS) ASSESSMENT (/ASSESSMENT) I search NCCD Blog News of Interest (/newsroom/news-of-interest) NCCD …
33 States Reform Criminal Justice Policies Through Justice Reinvestment, PEW, 2016 A fact sheet from Nov 2016 33 States Reform Criminal Justice Policies Through Justice Reinvestment Overview Since 2007, 33 states have reformed their sentencing and corrections policies through the Justice Reinvestment Initiative, a public-private partnership that includes the U.S. …
Publication • February 25, 2016
Filed under: Three Strikes
Unintended Consequences of Three-Strikes Laws, Iyengar, 2007 I’d rather be Hanged for a Sheep than a Lamb The Unintended Consequences of ‘Three-Strikes’ Laws Radha Iyengar Harvard University October 2007 The opinions and conclusions are solely those of the author. I grateful to Orley Ashenfelter, David Autor, Hank Farber, Lawrence Katz, …
Publication • September 11, 2015
UW Law Societies & Justice - Life Without Parole, Washington 2015 Life Without Parole Sentences in Washington State Dakota Blagg – Madison Brown – Alison Buchanan – Bryce Ellis – Olivia Gee – Andreas Hewitt – Zoe Liebeskind – Katelyn Lowthorp – Alexandra Lynch – Hannah Schwendeman – Nicholas Scott …
Publication • 2013
Federal Sentencing Reporter - Insight Into California's Life Sentences, 2013 Insight into California’s Life Sentences I. Introduction Although the unique characteristics of most ‘‘rehabilitative’’ systems of criminal punishment vary greatly, a central component is often an indeterminate sentence with the possibility of parole. In California, these decisions are made by …
Publication • 2009
Filed under: Sentencing, Three Strikes
Washington's Three Strikes Law Washington’s Three Strikes Law PUBLIC SAFETY & COST IMPLICATIONS OF LIFE WITHOUT PAROLE Washington’s Three Strikes Law PUBLIC SAFETY & COST IMPLICATIONS OF LIFE WITHOUT PAROLE Washington’s Three Strikes Law Executive Summary 3 Lessons Learned From Washington’s Three Strikers Age 5 Mental Illness 6 Substance Abuse …
Washington’s Three Strikes Law, Colombia Legal Services Washington’s Three Strikes Law PUBLIC SAFETY & COST IMPLICATIONS OF LIFE WITHOUT PAROLE Washington’s Three Strikes Law PUBLIC SAFETY & COST IMPLICATIONS OF LIFE WITHOUT PAROLE Washington’s Three Strikes Law Executive Summary 3 Lessons Learned From Washington’s Three Strikers Age 5 Mental Illness …