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Compensating the Wrongly Convicted, or Not by Matthew Clarke by Matthew T. Clarke Hundreds of thousands of men and women are hidden from society—social failures convicted of felonies—behind concrete walls and razor wire in isolated parts of our country. Nestled among them are society's silenced victims—the wrongfully convicted. Society is …
Proof of Actual Rights Violation Required for Attorney Fee Award by The Ninth U.S. Circuit Court of Appeals, affirming the decision of a California Federal District Court, has held that a prisoner cannot be awarded attorney fees for winning a temporary restraining order (TRO) if the prisoner did not subsequently …
PI Issued in Arizona Internet Communications Ban by John E Dannenberg by John E. Dannenberg On December 16, 2002, the U.S. District Court (D. Ariz.) granted plaintiffs' motion for a preliminary injunction (PI) enjoining the Arizona Department of Corrections (ADOC) from enforcing laws arising from Arizona House Bill 2376 (HB …
Forced DNA Sampling of California Prisoners Upheld by The California Court of Appeals upheld the California Department of Corrections (CDC) procedure of forcibly collecting blood and saliva DNA samples from prisoners convicted of specified violent crimes, including capital murder. Rejecting the privacy claims of eight women on Death Row, the …
Report Downplays Wrongful Convictions in U.S. by Hans Sherrer A report by University of Michigan staffers and law students _ Exonerations in the United States: 1989 through 2003 _ was released to the public on April 23, 2004. The report analyzed data from 328 cases during that 15 year period …
Article • December 15, 2002 • from PLN December, 2002
Georgia Supreme Court Bans Use of the Electric Chair by In a 4-to-3 decision, the Supreme Court of Georgia upheld a trial court and ruled that death by electrocution violated the state's constitutional protection against cruel and unusual punishment. The high court ordered that all future executions in Georgia will …
Article • November 15, 2002 • from PLN November, 2002
Advocacy Groups Challenge Arizona Internet Communications Ban by On July 18, 2002, the Canadian Coalition Against the Death Penalty(CCADP), Citizens United for Alternatives to the Death Penalty(CUADP) and Stop Prisoner Rape(SPR), filed a federal law suit against Terry L. Stewart Director of the Arizona Department Of Corrections(ADOC) pursuant to 42 …
Article • October 15, 2002 • from PLN October, 2002
All Things Censored by Mumia Abu Jamal by Gary Hunter Seven Stories Press, 335 page paperback, $14.95 Review by Gary Hunter For nearly two decades Mumia Abu Jamal has defied the deathgrip of Pennsylvania's death row. For nearly two decades he has revealed secrets that our nation's most powerful leaders …
Article • September 15, 2002 • from PLN September, 2002
The High Cost of Prosecuting Capital Crimes by As many local governments are discovering, there is a new twist on an old saying: Nothing is certain except the death penalty and higher taxesand the high cost of capital punishment. Quitman County in Mississippi raised taxes three times in the 1990s …
Article • September 15, 2002 • from PLN September, 2002
Filed under: Organizing, Death Penalty
Lessons From the Law by Mumia Abu-Jamal by Mumia Abu Jamal For many jailhouse lawyers, the texts of court rulings are read with a close and rapt attention that would be the envy of any conscientious law professor. The writer knows one guy, who, after years of study of criminal …
Article • September 15, 2002 • from PLN September, 2002
U.S. Supreme Court: No Death Penalty for Retarded; Juries Must Impose Death Sentence by David Zuckerman June was a good month for many death row prisoners. In Ring v. Arizona , 122 S.Ct. 2428 (2002) and Atkins v. Virginia , 122 S.Ct. 2242 (2002), the Supreme Court placed new and …
Article • September 15, 2002 • from PLN September, 2002
Death Row Prisoners Volunteer to Die by Late in 1997, Arizona began moving death row prisoners to a super-maximum security facility. There, they are held in small, separate cells for 23 hours a day with almost no interaction with other human beings. In Florida, prison officials recently added a mesh …
Florida Guards Murder Another Prisoner, Get Another Acquittal by David Reutter by David M. Reutter A state jury has acquitted three Florida prison guards in the murder of death row inmate Frank Valdes. The guards, Captain Timothy Thornton, Sgt. Jason P. Griffis, and Sgt. Charles A. Brown, were exonerated of …
Article • June 15, 2002 • from PLN June, 2002
The Death Penalty in the U.S.A. -- Past, Present, and Future by Roger Hummel The Death Penalty in the U.S.A. - Past, Present, and Future Book Reviews by Roger Hummel Condemned: Inside the Sing Sing Death House by Scott Christianson. New York University Press, New York. 184 pages (illustrated), $24.95, …
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
Article • January 15, 2002 • from PLN January, 2002
World Court Upholds Foreigners' Right to Contact Their Embassies by Gerardo Valdez, a Mexican citizen who had been scheduled for execution this fall in Oklahoma, was granted an indefinite stay by the Oklahoma Court of Criminal Appeals in September due to a recent decision from the International Court of Justice, …
Article • January 15, 2002 • from PLN January, 2002
Missouri and Benetton Settle Lawsuit Over Death Row Advertisements by On June 15, 2001, Missouri Attorney General Jay Nixon announced that Italian clothes making company Benetton had agreed to settle a lawsuit filed by the state of Missouri by paying $50,000 to a victims compensation fund. In February 2000, Nixon …
Article • November 15, 2001 • from PLN November, 2001
Junking the Jurors by Mumia Abu-Jamal by Mumia Abu Jamal "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed&" U.S. Constitution, 6 th Amendment It has been …
Article • September 15, 2001 • from PLN September, 2001
Possibility of Life in Control Unit Doesn't Mitigate Death by Possibility of Life In Control Unit Doesn't Mitigate Death The Court of Appeals for the Seventh Circuit has held that the possibility of life imprisonment in a control unit is not a mitigating factor in a federal death penalty case. …
Ohio Death Row Prisoners Sue Over Last Words by An Ohio federal district court refused to dismiss a challenge to an Ohio policy prohibiting condemned prisoners from giving last statements. The Court also discussed the PLRA's administrative exhaustion requirements and mootness concerns. Ohio Death Row prisoner Fred Treesh and another …
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