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Article • October 15, 2005
California Auditor: Prison Industries Loses Money and Fails to Demonstrate Rehabilitative Success by by Marvin Mentor The California Department of Corrections and Rehabilitation's (CDCR) Prison Industry Authority (PIA) loses money in 20 of 28 enterprises it operates in CDCR prisons, provides rehabilitative work for a declining number of prisoners in …
Article • October 15, 2005
Flashbacks: Vietnam And Capital Punishment by by Michael Mello Professor of Law Vermont Law School Capital punishment in our time has always reminded me of the Vietnam war. Certain blood for uncertain reasons," as Tim O'Brien wrote of his war. The only measure of success was the body count. No …
Florida Juvenile Justice: Check Private "Employee's" Records? What a Concept by Florida Juvenile Justice: Check Private "Employee's" Records? What a Concept By David M. Reutter Guards employed by private contractors that operate Florida juvenile justice programs earn some of the lowest wages in the nation. The result is high turnover, …
Article • October 15, 2005
Cameron County, Texas, Jail Guards Indicted for Drug Smuggling, Theft, Sexual Misconduct by by Michael Rigby The problems began almost as soon as the Cameron County Jail system's newly built Carrizales-Rucker Detention Center opened in the summer of 2002. Just months after the $19 million maximum security jail began operations …
Article • October 15, 2005
North Carolina Didn't Waive Sovereign Immunity by Removing State Action to Federal Court by North Carolina Didn't Waive Sovereign Immunity by Removing State Action to Federal Court Charles Stewart, chief of security for the North Carolina Department of Correction (NCDOC), was implicated in a double-billing scheme, which a newspaper reported. …
Article • October 15, 2005
Order Requiring Plan For Compliance With JJDPA Non-appealable by The United States Court of Appeals for the Eighth Circuit dismissed an appeal by Iowa state officials challenging a district court's order requiring officials to devise and submit for approval a plan for achieving compliance with the Juvenile Justice and Delinquency …
Article • October 15, 2005
BJS Analyzes Immigration Offenders by The Bureau of Justice Statistics (BJS), a divison of the U.S. Department of Justice, disclosed in an August 2002 special report that the number of persons referred to federal prosecutors for an immigration offense as the most serious offense rose to 16,495 persons in 2000, …
Article • October 15, 2005
Wackenhut's Name To Change, But Politics Remain The Same by Michael Rigby The old maxim, "the more things change, the more they stay the same," could have been tailored to Wackenhut these days. Although Wackenhut Corrections has spun off from its parent company, Wackenhut Corporation, there's no indication that the …
Article • October 15, 2005
California Limits Participants for Extended Family Visits by The California Supreme Court held that only family members as defined in Title 15, § 3174., California Administrative Code (CAC) are eligible for "extended family visits." A San Quentin prisoner serving a life sentence was denied "extended family visitation' with a woman …
Article • October 15, 2005
Filed under: News, News in Brief
News in Brief: by Arizona: On February 23, 2006, Jamie Wanek, a guard at the Maricopa county jail in Phoenix was charged with 57 felony and misdemeanor counts of having sex with a jail prisoner Joshua Lopez, 30, and bringing him alcohol, drugs and other contraband. Lopez has also been …
Private Prison Contractor Donates $10,000 to Governor's Fund; Gets $20 Million California Contract Two Months Later by Private Prison Contractor Donates $10,000 to Governor's Fund; Gets $20 Million California Contract Two Months Later With the appearance of a stunning return on investment, GEO Group, a Florida-based private prison contractor, won …
Article • October 15, 2005
Filed under: Civil Procedure, Damages
UK Prisoners Awarded Nearly 1 Million Pounds by Since 2003, 211 United Kingdom prisoners have been awarded 862,320 pounds to settle a wide range of claims, according to information provided to the Belfast Telegraph under the Freedom of Information Act. The highest total payout was more than half a-million pounds …
North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in Capital Case by by Matthew T. Clarke Alan Gell cried recently after a North Carolina State Bar panel issued a mere reprimand, the least discipline possible, to two former prosecutors who withheld evidence in his capital murder case. "Here …
Article • October 15, 2005
Filed under: Sentencing, Good Time
Indigent Montana Detainee Entitled to Jail Good Time Credit by The Montana Supreme Court held that a prisoner awaiting revocation of his suspended sentence is entitled to be credited for good time for the time served in a county jail if the prisoner is unable to secure bond for no …
Private Prison Firm Donates $53,000 to California's Governor Schwarzenegger by Private Prison Firm Donates $53,000 To California's Governor Schwarzenegger by Marvin Mentor Newly-elected Governor Arnold Schwarzenegger, who boasted during his campaign that he "couldn't be bought," accepted $53,000 in November, 2003 from Wackenhut Corrections Corp., a Boca Raton, Florida-based private …
Federal Forfeiture Motions are Civil, Subject to PLRA by Federal Forfeiture Motions Are Civil, Subject to PLRA The federal prisoner in Wisconsin filed a motion contesting a forfeiture of property in his criminal case. At 696: The motion is a civil action subject to the PLRA, even though it was …
Article • October 15, 2005
$175,000 Award in Chicago Jail Failure to Protect Case by While held at Illinois' Cook County Jail, Stanley Davis Jones was beaten by two fellow prisoners in March 1999. He suffered a dislocated shoulder and broken wrist from the attack, which he alleged was caused by jail officials' failure to …
Article • October 15, 2005
Prior Sex Offense Plea Qualifies For California Sexually Violent Predator Civil Commitment by The San Joaquin County California District Attorney requested review by the State Supreme Court of an appellate decision that State prisoner Norman Yartz's first sex offense conviction in 1978 could not be used to support his civil …
Article • October 15, 2005
Guard's Liability Unaffected by NY Prisoner's Guilty Plea in Excessive Force Claim; $38,000 in Damages Awarded, Plus Fees by A New York Federal District court has held that a prisoner's guilty plea to attempted assault does not preclude a guard's liability for use of excessive force. This holding came on …
Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack by Washington DOC May Not Conduct Rehearing of Infraction Being Challenged in Collateral Attack The Washington Court of Appeals, Division III, held that the Department of Corrections (DOC) may not conduct a rehearing of a prison disciplinary …
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