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Article • April 1, 2022 • from PLN April, 2022
Death by Incarceration: Study Reveals High Death Rates Inside NY’s State Prisons by Keith Sanders by Keith Sanders  In 1972, when the U.S. Supreme Court outlawed capital punishment, New York state had been executing people since 1608. The total number of individuals put to death by the state in that …
Washington Can’t Cheat Prisoner of Time Held Out of State on Washington Charges by Jacob Barrett But ICE Makes Sure That It Doesn’t Matter by Jacob Barrett On July 29, 2021 the Supreme Court of Washington ruled that a state prisoner was entitled to credit for all the time he …
Article • January 1, 2022 • from PLN January, 2022
$175,000 Awarded to New York Prisoner’s 686 Days Unconstitutional Post Release Supervision by David Reutter by David M. Reutter On Dec. 4, 2020, a federal district court in New York awarded $175,000 to a former state prisoner who was imprisoned for 686 days as a result of an unconstitutionally imposed …
Article • January 1, 2022 • from PLN January, 2022
Should Sentencing Juries Consider Imprisonment Costs? by Edward Lyon 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 …
Article • January 1, 2022 • from PLN January, 2022
Michigan Supreme Court Holds Convicted Prisoner Entitled to Pre-Trial Jail Time Credit by On July 27, 2021, the Michigan Supreme Court ruled en banc that pre-trial detainees are entitled to jail time credit if they were unable to make bond except for jail time served after a parole revocation warrant …
Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction by Douglas Ankney by Douglas Ankney  The Supreme Court of Pennsylvania held that an illegal mandatory sentence of life without parole (“LWOP”) imposed upon a juvenile undermined the validity of a later conviction for assault by a life …
Article • December 1, 2021 • from PLN December, 2021
Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences by The American Civil Liberties Union (ACLU) of Florida has filed a second public records lawsuit against the state’s Department of Corrections (DOC) to obtain the formulas used to calculate a prisoner’s release date. The first …
Article • November 1, 2021 • from PLN November, 2021
Indiana Prisoner Entitled to Credit Time During Period of Erroneous Liberty by David Reutter by David M. Reutter The Indiana Supreme Court held that a prisoner who was erroneously released early “is entitled to credit time as if he were still incarcerated during the period he was erroneously at liberty.” …
Article • August 1, 2021 • from PLN August, 2021
Resisting a Prison Without End by Jayson Hawkins, Panagioti Tsolkas by Jayson Hawkins and Panagioti Tsolkas The fantasy of those who profit off the Prison Industrial Complex has long been perpetual incarceration. This dream has seeped into reality in recent decades as many states began adopting LWOP (life without parole) …
Article • July 1, 2021 • from PLN July, 2021
The Enduring Life of Life Sentences by Casey Bastian by Casey J. Bastian A major driver of mass incarceration is the abusive rate at which life sentences are imposed, as a report from the Sentencing Project examines. Referred to as “death by incarceration,” long-term sentences have become the lifeblood of …
Article • July 1, 2021 • from PLN July, 2021
Majority of Americans Now Favor Life Imprisonment Over Death Penalty by Matthew Clarke by Matt Clarke For the first time since Americans’ opinion about the death penalty versus life imprisonment was polled, a majority of Americans favor life imprisonment over the death penalty. In 1985, Gallup began asking the question: …
Article • January 1, 2021 • from PLN January, 2021
Tennessee Juvenile Murderer’s Sentence Commuted by Edward Lyon by Ed Lyon One of the late great singer Karen Carpenter’s hit songs was Bless the Beasts and the Children, wherein she lamented that neither has choice nor voice. Such was the case with young Cyntoia Brown, who found herself being trafficked …
Pennsylvania Prisoner Off Death Row After 33 Years by David Reutter by David M. Reutter A Pennsylvania prisoner whose death sentence was tossed by a federal court 17 years ago has finally won release from the state’s death row after spending more than three decades in solitary confinement there. In …
Article • November 1, 2020 • from PLN November, 2020
Fourth Circuit Orders Sealing of North Carolina Court’s Order to “Protect Defendant from Harm” by David Reutter by David M. Reutter On June 17, 2020, the Fourth Circuit Court of Appeals ordered the sealing of a North Carolina federal district court’s order. That order denied a Defendant’s motion for resentencing …
Article • October 1, 2020 • from PLN October, 2020
New Study Shows “Tough on Crime” Generation Spent More Time in Prison Despite Falling Crime Rate by Dale Chappell by Dale Chappell A study by a group of criminologists and sociologists published in August 2020 found that an entire generation during the “tough on crime” era of the 1980s and …
Article • October 1, 2020 • from PLN October, 2020
The Violent Crime Control and Law Enforcement Act of 1994: 25 Years Later, Where Do We Stand? by Dale Chappell by Dale Chappell Every state spends more money on prisons than on schools, according to PolitiFact. But you can’t blame the states — the federal government made them do it. …
Brief • September 24, 2020
US v. Scott, Amicus, CA, U.S. Sentencing Guidelines Case 18-163, Document 145, 09/25/2020, 2939203, Page1 of 35 No. 18-163 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT UNITED STATES OF AMERICA, Appellant, v. GERALD SCOTT, Defendant-Appellee. On Appeal from the United States District Court for the Southern District of …
Article • September 1, 2020 • from PLN September, 2020
Lifers Now Exceed Entire Prison Population of 1970 by Dale Chappell by Dale Chappell Over the last 50 years, the number of prisoners serving life sentences has grown to exceed the entire prison population of 1970. While efforts are being made to “reform” the reforms enacted under the “tough on …
Article • September 1, 2020 • from PLN September, 2020
Beyond Harsh: 86 Mississippi Prisoners Serving Life Without Parole for Nonviolent Offenses by Matthew Clarke by Matt Clarke In a resurgence of “tough-on-crime” sentencing reforms that swept the nation in the 1990s, many states enacted “three-strikes” laws mandating life sentences for those convicted of three felony offenses. Mississippi was among …
First Step Act of 2018 Resentencing Provisions Retroactivity Data Report, U.S. Sentencing Commission, 2019 U.S. Sentencing Commission First Step Act of 2018 Resentencing Provisions Retroactivity Data Report June 2019 Introduction As part of its ongoing mission, the United States Sentencing Commission provides Congress, the judiciary, the executive branch, and the …
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