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California: Victim’s Post-Death Economic Losses Not Subject to Mandatory Restitution
Loaded on Sept. 15, 2013
published in Prison Legal News
September, 2013, page 54
The California Supreme Court has reversed a restitution order assessed against a defendant who, while driving intoxicated, killed another driver in a freeway collision. The Court held that 1) the estate of the accident victim (who died without heirs) was not itself a “direct victim” of a crime; 2) the ...
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More from this issue:
- Prison Rape Elimination Act Standards Finally in Effect, but Will They be Effective?, by Alex Friedmann
- Prisoners Raped and Sexually Abused While PREA Standards Pending
- U.S. Supreme Court Denies Stay of California Prisoner Release Order
- From the Editor, by Paul Wright
- Employee Disciplinary Problems Persist at Houston Jails, by Matthew Clarke
- How Privatization Destroyed an Illinois Jail's Award-winning Suicide Prevention Program, by Brian Dolinar
- Missouri: Arrestees Billed for Cost of Police Tasers, by Christopher Zoukis
- High-Tech, High-Risk Forensics, by Osagie K. Obasogie
- The Americans with Disabilities Act and Prisoners, by Thomas Weiss
- Michigan County Sanctioned for Defrauding Federal Court in Prisoner Death Case, by David Reutter
- Solitary Confinement for Death Row Prisoners a Blot on U.S. Justice System, by Derek Gilna
- Oklahoma’s DNA Law Means Post-Conviction Testing Available in All 50 States, by Christopher Zoukis
- Habeas Hints: Actual Innocence, by Kent A. Russell
- Second Circuit Establishes Property Seizure Standards for Civilly Committed Persons
- 500 Escape from Abu Ghraib and Taji Prisons in Iraq, by Christopher Zoukis
- Illinois DOC’s Failure to Accommodate Disabled Prisoners States Rehabilitation Act Claim
- Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper
- PLN Resolves Censorship Suit Against Oregon County Jail for $51,000 Plus Fees and Costs, by Alex Friedmann
- After Ten Years, FCC Votes for Prison Phone Reforms!, by David Ganim
- First Circuit: Rejection of Settlement Offer Does Not Justify Defendants’ Attorney Fee Award
- Pennsylvania: Parole Board May Expound on Court-ordered Probation Conditions
- Washington Community Custody, Sex Offender Registration and Release Conditions Modified
- Seventh Circuit Retires “De Minimis” Standard for Use of Physical Force
- New Mexico Prison Doctor Fingered in Lawsuits
- Minnesota: Remedies for Civil Commitments are Limited
- Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time
- Wrongful Immigration Detention Suit Reinstated by Second Circuit, Dismissed on Remand, by Derek Gilna
- Ninth Circuit Requires Notice to Pro Se Prisoner Litigants for Motions to Dismiss for Failure to Exhaust
- California Supreme Court: Cutting Through Fences May Not Constitute Attempt to Escape
- Seventh Circuit Upholds CCA’s Victory in Indiana Jail Conditions Suit
- California: Victim’s Post-Death Economic Losses Not Subject to Mandatory Restitution
- Second Circuit: No Social Security Payments for Prisoners
- News in Brief
More from these topics:
- BOP Eases Money Grab from Federal Prisoners, Feb. 15, 2025. Seizure of Prisoner Funds, Restitution, Commissary, Bureau of Prisons (BOP), Changes by the BOP.
- Michigan Supreme Court Greenlights Adding Restitution At Resentencing of Former Juveniles Sentenced to LWOP, Jan. 15, 2025. Life without Parole (LWOP), Restitution, Juvenile Offenses/Offenders.
- Pennsylvania Supreme Court Slows the Hand That State DOC Sticks Into Prisoners’ Pockets, July 1, 2024. Money/Property, Seizure of Prisoner Funds.
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- Arizona Sheriff Accused of Misusing Detainee Funds to Buy Guns, Ammo, May 1, 2024. Police Misconduct, Money/Property, Seizure of Prisoner Funds, Commissary, Police/Govt Misconduct.
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, Feb. 1, 2024. Seizure of Prisoner Funds, Restitution, Trust Accounts.
- The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights, June 15, 2023. Money/Property, Digital Devices, Drug-Tainted Currency.
- Missouri Senior Citizen Jailed Three Days After Letting Dog Off Leash, April 27, 2023. Restitution, Ability to Pay.
- Police Foundations: The Impossible Task of Separating the World of Policing From the World of Corporate Money, Jan. 15, 2023. Cost of Prison Systems, Money/Property, Corporate Victims.
- D.C. Jail Guard Arrested for Stealing Union Funds to Finance Lavish Entertainment, Jan. 4, 2023. Police Misconduct, Money/Property.