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Article • May 15, 1996 • from PLN May, 1996
Citizen Anti-Crime Initiatives? How the Gun Lobby Bankrolls the War on Crime by Paul Wright Recent years have seen a plethora of so called anti-crime initiatives placed on various state ballots, the most famous being the "Three Strikes You're Out" type laws. These initiatives purport to be efforts by state …
Article • April 15, 1996 • from PLN April, 1996
Parole Change Violates Ex Post Facto Clause by In the July, 1995, issue of PLN we reported the supreme court's ruling in Morales v. California Department of Correction, 115 S.Ct. 1597 (1995) which held that legislatively extending the time in which a prisoner can appear before a parole board does …
Article • April 15, 1996 • from PLN April, 1996
Oklahoma Pre-Parole Status Creates Liberty Interest by The court of appeals for the tenth circuit has held that Oklahoma's pre-parole conditional supervision program creates a due process liberty interest which mandates a hearing before prisoner's can be removed from it. This case is significant because it was decided in the …
Article • March 15, 1996 • from PLN March, 1996
Filed under: Sentencing, Three Strikes
Virginia Class Action Members Sought by In 1982 Virginia state lawmakers passed Section 53.1-151 (B1), dubbed the "3-Time Loser Law." The law was modified several times over the years. The most recent rewrite, in 1994, reads, "Any person convicted of three separate felony offenses of (i) murder, (ii) rape, or …
Article • March 15, 1996 • from PLN March, 1996
Texas Guard Gets Probation for Killing Prisoner by In the September '95 issue of PLN we reported the manslaughter conviction of Joel Lambright, Jr. He was the first Texas prison guard in history to be convicted of killing a prisoner. He was sentenced to serve a two to ten year …
Washington Prisoners Have Liberty Interest in Good Time by The court of appeals for the ninth circuit has ruled that Washington state prisoners retain a state created due process liberty interest in not losing their good time credits unless they are provided with due process at a disciplinary hearing. It …
Article • February 15, 1996 • from PLN February, 1996
Filed under: Sentencing, Good Time, Parole
ISRB Can't Change Rules to Avoid Compliance with Court Order by ISRB Can't Change Rules to Avoid Compliance with Court Order The Washington state supreme court held that the Indeterminate Sentence Review Board (ISRB, AKA the parole board), could not retroactively amend its regulations in order to deny prisoners relief. …
Texas Anti-Litigation Law by Dan Pens In its 1995 session, the Texas legislature passed a bill that amends and modifies Subchapter B, Chapter 15 of the Civil Practice and Remedies Code, purportedly to combat "frivolous or malicious litigation filed by inmates." By now PLN readers should be familiar with this …
South Korean Political Prisoners Protest by In early August, 1995, hundreds of political prisoners began a hunger strike to demand their freedom and the end of national security laws that prohibit contact with people in North Korea. The government denied the strike was taking place and stated that anyone taking …
TRO Granted in Alaska Sex Offender Registration by Since 1990, when Washington state passed the Community Protection Act (CPA), many states have followed suit and copied its provisions. The Washington CPA is one of the most draconian laws of its type in the country concerning the registration and civil commitment …
Iowa Crime Legislation by Michael Brant The 1995 Iowa legislature passed a new wave of bills that affect many Iowa prisoners and ex-prisoners. Among these new laws are: The refusal of the county treasurer to renew vehicle registrations if the person has unpaid delinquent restitution; the inmate hard labor law …
Article • December 15, 1995 • from PLN December, 1995
Florida Repeal of Earned Time Law Upheld by In 1988 the Florida state legislature enacted Fla.Stat. § 944.277 (1988) which extended the amount of gain-time awarded to prisoners. This was one of several statutes enacted by the Florida legislature in order to maintain the Florida prison population within the limits …
WA Civil Commitment Law Ruled Unconstitutional by In a tersely worded decision, Fed eral District Court Judge John C. Coughenour drove a stake into the heart of Washington's controversial civil commitment law (Wash. Rev. Code § 71.09). He ruled the statute unconstitutional on its face, citing: "the violation of the …
Article • October 15, 1995 • from PLN October, 1995
FL Enacts More Anti-Prisoner Laws by On June 14, 1995, several laws affecting prisoners were passed into law without the signature of Governor Lawton Chiles. Under this legislation prisoners convicted after October 1, 1995, must serve at least 85% of their sentences in prison. Other laws will expand the prison …
Article • October 15, 1995 • from PLN October, 1995
Cocaine Sentencing Disparities May Change by The Sentencing Guidelines Com mission (SGC) is an independent body created by Congress in 1984 to reduce sentencing disparities in the federal court system. This has included creating sentencing guidelines which greatly restrict the discretion of judges in imposing sentences. In 1986 and 1988 …
Article • October 15, 1995 • from PLN October, 1995
U.S. Supreme Court: Time on Bail Doesn't Count by The US supreme court has held that the time a defendant spends "released" on bail doesn't count towards completion of his/her sentence even if the "release" is under highly restrictive conditions that are tantamount to jail. Ziya Koray was charged with …
BOP Prisoners Must Exhaust Administrative Remedies by PLN recently reported the U.S. Supreme Court decision in McCarthy v. Madigan , 503 US ___, 112 S.Ct. 1081 (1992), which held that federal prisoners did not have to exhaust administrative remedies (the grievance system) prior to filing suit in federal court. In …
Article • September 15, 1995 • from PLN September, 1995
IL Change in Good Time Statute Unlawful by On December 22, 1994, the Illinois state supreme court held that an Illinois statute eliminating certain categories of prisoners from those eligible to early good conduct credit at an accelerated rate violates the state and federal constitutions when applied retroactively. The primary …
Article • September 15, 1995 • from PLN September, 1995
Civil Forfeiture and Criminal Prosecution as Double Jeopardy by Jeffrey Steinborn They did it. That's right- your Government did it. Having been warned by their lawyers of the constitutional defects (and inherent unfairness) in their policy of impoverishing a drug defendant through civil forfeiture, then prosecuting him or her with …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
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