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Article • November 15, 1993 • from PLN November, 1993
No Right to Forfeit Goodtime by Helen Woodson was a federal prisoner serving twelve years on four counts of destroying government property arising out of protests at ICBM missile sites. She is a member of the Plowshares, a Christian group that takes literally the bible's command to beat swords into …
Prosecutorial Liability Explained by Stephen Buckley sought damages, under 42 U.S.C. § 1983, from prosecutors for fabricating evidence during the preliminary investigation of a highly publicized rape and murder case in Illinois, and for making false statements at a press conference announcing the return of an indictment against him. He …
Biased Hearing Officer Violates Due Process by Biased hearing Officer Violates Due Process Robert Ramirez is a federal prisoner. He had been imprisoned at the US penitentiary in Marion, IL, and had gone through that prison's transfer process and was moved to Leavenworth. While at Leavenworth Ramirez was infracted for …
Article • October 15, 1993 • from PLN October, 1993
Ninth Circuit Reverses Powell Decision by Robert Powell By Robert Powell To understand just what has happened in this case one must first understand Washington state law. At the time of my conviction a person who was found guilty of Murder in the First Degree was either sentenced to death …
Article • August 15, 1993 • from PLN August, 1993
Filed under: Crime, Sentencing
City of Refuge by David Finney Everyone has heard about alternative sentencing. What about alternative incarceration? The debate should be expanded to encompass this issue too. When people get put in prison the great majority become distrustful, angry and radicalized. It is a symptom of theseemingly arbitrary and unfair nature …
Article • August 15, 1993 • from PLN August, 1993
Probation Officers Only Entitled to Qualified Immunity by Charlene Gelatt is a New York state probationer. After being convicted of grand larceny she was placed on probation and ordered to pay restitution. She had her probation supervision transferred to Florida. Richard Wahila is a New York state probation officer. He …
Article • August 15, 1993 • from PLN August, 1993
Increasing Parole Review Time is Ex Post Facto by South Carolina's legislature passed a statutory amendment decreasing the frequency of parole reconsideration hearings from every year to every two years. A prisoner filed a civil rights complaint, pursuant to 42 U.S.C. § 1983, claiming the amendment was an unconstitutional ex …
Article • August 15, 1993 • from PLN August, 1993
The Federal SRA: A Social Experiment Gone Astray by Lee Alphonso Moore In 1984 Congress confronted the rise in drug and firearm related crimes by instituting a social experiment. The social experiment became known as the Sentencing Reform Act (SRA) of 1984. Congress assumed longer federal prison sentences--without parole--would serve …
Article • July 15, 1993 • from PLN July, 1993
Rehabilitation versus Punishment=Attitude by John Adams I'm a prisoner at the Washington State Penitentiary (WSP) in Walla Walla, Washington. I'm one of the Indeterminate Sentence Prisoners who the Parole Board has to determine is "rehabilitated" before they will release me back into society. While I have to be rehabilitated to …
Article • May 15, 1993 • from PLN May, 1993
Retaliatory Denial of Parole Actionable Under Section 1983 by Isa Shabazz is an Oklahoma state prisoner. He filed suit under § 1983 alleging that the Oklahoma parole board has a policy, practice and custom of denying parole to prisoners who choose to exercise their civil rights by suing prison officials. …
Section 1983 Proper Remedy for Illegal Confinement by Spencer Parker is a Texas state prisoner. He filed suit under § 1983 claiming he was arrested and indicted for a burglary even though no evidence linked him to the crime. After nine months in jail the charges were dropped and he …
Prison Officials Liable for Holding Inmate Past Release Date by Gentry Slone is a Missouri state prisoner. He was sentenced to prison and once in prison his sentencing judge suspended Slone's sentence, effective December 21, 1989, and placed him on probation. The state did not appeal the judges order which …
Infraction Suits Must Exhaust Administrative Remedies by L. Markham is an Indiana state prisoner. He lost 243 days of earned good time in a series of disciplinary proceedings. Under Indiana DOC regulations prisoners can appeal the loss of good time credits to prison officials within 10 days of the hearing, …
Article • April 15, 1993 • from PLN April, 1993
Three Strikes and You're Out, Again by Ed Mead Their baaack! And this time with both barrels. Ida (now Republican state representative from Mercer Island) Ballasiotes and her fellow victims' rights cronies have reintroduced the so-called "three strikes and you're out" initiative. In addition to Citizens' Initiative 593, this group …
Article • March 15, 1993 • from PLN March, 1993
Filed under: Crime, Sentencing
What's Wrong With This Picture? by Paul Wright By Paul Wright A judge in Maryland recently sentenced a university student to six months in jail after the student was discovered to have cheated on his Scholastic Aptitude Test (SAT), which is the test used for college admissions. The student cheated …
Article • March 15, 1993 • from PLN March, 1993
Battered Women in Prison by Every fifteen seconds a woman in the U.S. is beaten. One California state prison study found that 93 percent of women who had killed their mates had been battered by them. There are approximately 650 women in California state prisons for killing their abusers. The …
Article • March 15, 1993 • from PLN March, 1993
Filed under: Sentencing, Good Time, Parole
Maxed Out Washington Cons Have Right to Earn Good Time by This is a case that will only be of interest to prisoners in Washington state, as our system of issuing good time credits is probably the strangest in the nation. This case deals with a Washington state prisoner who …
Article • March 15, 1993 • from PLN March, 1993
Federal Prison Terms Increasing by Offenders sentenced under the Federal Sentencing Guidelines are more likely to go to prison and to stay there longer than were offenders sentenced for crimes committed before the guidelines took effect in November, 1987,according to U.S. Justice Departments Bureau of Justice Statistics (BJS). BJS said …
Indiana DOC Must Allow Witnesses at Hearings by Jerry Forbes is an Indiana state prisoner who refused to take a urine test because the prison did not publish its testing procedures. He was infracted and requested prison officials as witnesses at his hearing and they refused to appear. He was …
Article • March 15, 1993 • from PLN March, 1993
Section 1983 Proper Remedy for Disiplinary Violations by Two Arizona state prisoners were found guilty of drug use at a disciplinary hearing and lost 2 years of good time credits, did 15 days in isolation, lost privileges, were moved to higher security levels, and placed on a more restrictive parole …
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