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Should Sentencing Juries Consider Imprisonment Costs?
Loaded on Jan. 1, 2022
by Edward Lyon
published in Prison Legal News
January, 2022, page 32
Filed under:
Cost of Prison Systems,
U.S. Sentencing Guidelines.
Location:
United States of America.
by Ed Lyon
Professor Michael Conklin recently released a law review article arguing the merits of allowing juries to consider imprisonment costs when they are deliberating sentences lengths, with the objective of lessoning mass incarceration. Conklin’s report is founded on and supported by dozens of statistical compilations, databases …
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More from this issue:
- Criminal Sheriffs, by Anthony Accurso
- From the Editor, by Paul Wright
- $150,000 Paid to Family of California Pretrial Detainee Who Died from Valley Fever, by David Reutter
- $650,000 Jury Verdict Upheld in NY Prisoner’s Excessive-Force Claim; Motion for Fees Denied Due to Contingency Agreement, by David Reutter
- St. Louis Jail Guard Charged with Allowing Brutal Beating of Prisoner, by Jayson Hawkins
- How Corrupt is Too Corrupt for Atlanta Federal Prison?, by Casey Bastian
- Do County Jails Treat Black Women Worse Than Other Prisoners?, by Kevin Bliss
- Former AZ Assistant AG Disciplined for Misconduct in Muslim Prisoner’s Lawsuit, by Douglas Ankney
- Washington Federal Court Grants Preliminary Injunction Halting Release of Transgender Prisoners’ Personal Information; Class Certified, by Jayson Hawkins
- USDA Gives $1,000,000 Grant to Corizon to Treat More Sick Prisoners Remotely, by Chuck Sharman
- Covid-19 Pandemic Bumps Still Anemic Clemency Numbers, by Edward Lyon
- Montana Renews CoreCivic Contract; Major Water and Sewage Problems Persist, by Jayson Hawkins
- California Federal Prison Warden Charged with Sexually Abusing Prisoner
- Should Sentencing Juries Consider Imprisonment Costs?, by Edward Lyon
- California Town Fighting to Keep Prison Open, by Keith Sanders
- Prosecutors Move to Close Case Against BOP Guards in Jeffrey Epstein Suicide, by Edward Lyon
- HRDC Advances in Suit Against Centurion to Obtain New Mexico Prisoner Medical Litigation Records, by David Reutter
- $281,000 Awarded to Colorado Prisoner Retaliated Against for Grievances, by David Reutter
- Indiana Supreme Court Denies Relief to Prisoner Whose Commissary Account Was Garnished, by Casey Bastian
- Colorado Using SWIFT but Cheap Wildlands Firefighters, by Edward Lyon
- Michigan Supreme Court Holds Convicted Prisoner Entitled to Pre-Trial Jail Time Credit
- Feds Declare Long COVID a Disability Under ADA, RA and ACA, by Edward Lyon
- Second Circuit Reverses Dismissal of NY Prisoner’s Due Process Claim on Grounds It Was Abandoned on Appeal, by David Reutter
- Corporations Using Prisoners to Fight Phantom Labor Shortage, by Matthew Clarke
- $500 Default Judgement in Female Michigan Prisoner’s Pro Se Excessive-Force Claim
- Federal Judge Springs Former PLN Editor from “Iron Man” Pretrial Detention Cell, by Casey Bastian
- Four Female Prisoners Seek Damages Over Abuses at Oregon Prison Called A “Cesspool” of Staff Sexual Abuse, Latest in Abuse Saga, by Mark Wilson
- Second Circuit: Supervisor Must Have Subjective Knowledge of Sexual Abuse by Guards to Be Liable
- Colorado Supreme Court Holds Governor Is Appropriate Defendant in Cases Involving State Constitutional Responsibility
- California Supreme Court: CDCR Cannot Exclude Nonviolent Sex Offenders From Proposition 57 Parole Consideration
- Fifth Circuit Dismisses Appeal by Mississippi Prisoner It Calls “Vexatious Litigant”
- Fifth Circuit Refuses to Issue Injunction After Mississippi Psychiatric Prison Improves Conditions, by Matthew Clarke
- Texas Agrees to Settlement Providing Prisoners Hep C Treatment, Will Pay $950,000 in Attorney Fees, by Matthew Clarke
- New Illinois Law Allows Early Release for a Few Eligible Offenders, by Casey Bastian
- $2 Million Paid by North Carolina Jail for Prisoner’s Wrongful Death; Undisclosed Amount Paid by Southeastern Medical Services, by Jacob Barrett
- $175,000 Awarded to New York Prisoner’s 686 Days Unconstitutional Post Release Supervision, by David Reutter
- Third Circuit Revives Pennsylvania Prisoner’s Lawsuit Over Censorship of Incoming Mail Containing Key Evidence, by Matthew Clarke, Dale Chappell
- Washington Can’t Cheat Prisoner of Time Held Out of State on Washington Charges, by Jacob Barrett
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- Seventh Circuit Holds Dismissal of Lawsuit Removed to Federal Court Cannot Count as PLRA “Strike”
- News in Brief
More from Edward Lyon:
- “There you go, Agent Orange!” Former South Carolina Sheriff Federally Indicted for Assaulting Jail Detainee, May 1, 2024
- Texas Prisons are Fire Traps, July 15, 2023
- The World’s Biggest Prison, July 15, 2023
- U.S. Prisoner Numbers Slowly Declining, June 15, 2023
- Civilian Police With Military Equipment, June 15, 2023
- California Easing Housing Hurdles for Released Prisoners, June 1, 2023
- Warden Ousted from Troubled Alabama Prison After DUI Arrest, May 1, 2023
- $20,000 Settlement for Ohio Prisoner’s Slip-and-Fall Injury, May 1, 2023
- $32,500 Medical Malpractice Award to Ohio Prisoner for Ripped-Out Catheter, May 1, 2023
- New York State’s Veterans Treatment Courts, April 15, 2023
More from these topics:
- U.S. Sentencing Commission: 2026 Amendments to the Federal Sentencing Guidelines, June 1, 2026. U.S. Sentencing Guidelines, Alternative Sentencing, Sentence Enhancements/Departures, Multiple/Multiplicious Counts, Drug Quantity.
- New Hampshire Officials Halt $700 Million Prison Replacement, May 1, 2026. Cost of Prison Systems, Totality of Conditions, Plumbing, Sanitation, Vermin.
- Pennsylvania Closes Its Second-Oldest Prison, May 1, 2026. Cost of Prison Systems, Totality of Conditions, Boot Camps, Plumbing, Reduction of Prison Population.
- Oklahoma DOC Paid Prison Guards $35.5 Million in Overtime in 2025, May 1, 2026. DOC/BOP misconduct, Cost of Prison Systems, Totality of Conditions, Staffing, Staff Training.
- Trump Wants $152 Million to Turn Alcatraz Back Into a Prison, May 1, 2026. Cost of Prison Systems, Totality of Conditions, Federal Legislation, Bureau of Prisons (BOP).
- Prison Policy Initiative Updates Its Mass Incarceration Report, May 1, 2026. Geriatric Classification, Statistics/Trends, Cost of Prison Systems, Electronic Monitoring, Effects of Mass Incarceration.
- First Circuit Vacates Drug Courier’s Sentence, Holding District Court Erred by Failing to Conduct Proper Comparative Culpability Analysis Under § 3B1.2 When It Excluded Other Participants in Drug Shipment From Universe of Comparators, May 1, 2026. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Appellate Jurisdiction/Review, Sentencing Findings, Relevant Conduct.
- Sixth Circuit Announces Federal Coercion and Enticement Statute Requires Knowledge of Victim’s Minor Status, Deepening Circuit Split, May 1, 2026. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Statutory Construction/Interpretation, Sentence, Miscalculation of the Guidelines Sentencing Range.
- “Large Fight” Broke Out at Alaska Prison After Downsizing Effort, April 1, 2026. Transfers, Cost of Prison Systems, Totality of Conditions, Failure to Protect (General), Overcrowding.
- Analysts Recommend Closing California’s Soledad Prison, April 1, 2026. Private Prisons, Cost of Prison Systems.

