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Article • October 5, 2014
Filed under: Money/Property
California: Court Has No Authority to Order Return of Funds Erroneously Disbursed to Creditor Pursuant to Writ of Execution by Michael Brodheim California: Court Has No Authority to Order Return of Funds Erroneously Disbursed to Creditor Pursuant to Writ of Execution   by Michael Brodheim   In May 2013, the …
Article • October 5, 2014
Filed under: Restitution
Restitution for Oregon Police Overtime Not Recoverable by Restitution for Oregon Police Overtime Not Recoverable   The Oregon Court of Appeals reversed a restitution order requiring payment of $7,808.34 in overtime pay to officers assigned to guard a hospitalized defendant.   Jeffrey E. Kuehner was arrested on sex offense, kidnapping …
Article • October 5, 2014
Indiana Prisoners Lack Property Right in Recreation Fund by Indiana Prisoners Lack Property Right in Recreation Fund   In an opinion handed down on February 9, 2012, the Seventh Circuit Court of Appeals upheld a lower court's determination that Indiana state prisoners had no property interest in a prison's recreation …
Brief • September 23, 2014
Filed under: Bond Fees, Bail Bonds
Burks v. Scott County, MS, Complaint, Bail Denial, 2014 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION Octavious Burks; Joshua Bassett, on Behalf of Themselves and All Others Similarly Situated, * * * * * * * * * * * * * * …
Article • September 20, 2014 • from PLN September, 2014
Filed under: Victims, Restitution
Courts Struggle with Child Pornography Restitution Following Supreme Court Ruling by Courts Struggle with Child Pornography Restitution Following Supreme Court Ruling The Seventh Circuit Court of Appeals is among the latest federal courts to tackle the issue of restitution for victims of child pornography – an issue addressed in a …
Article • September 12, 2014 • from PLN September, 2014
Private Debt Collection Companies Contract with District Attorney’s Offices by David Reutter Private Debt Collection Companies Contract with District Attorney’s Offices by David M. Reutter Numerous lawsuits have been filed against companies that contract with prosecutors to collect debts in bad check cases because, opponents say, the firms contact debtors …
Publication • September 5, 2014
Mercenary Criminal Justice, Wayne Logan and Ronald Wright, University of Illinois Law Review, 2014 WRIGHT.DOCX (DO NOT DELETE) 9/5/2014 10:54 AM MERCENARY CRIMINAL JUSTICE Wayne A. Logan* Ronald F. Wright** To some degree, money has always figured in criminal justice. Early on, private enforcers of the criminal law received payments …
Article • August 13, 2014 • from PLN August, 2014
Oregon Attorney Fee Repayment Requires Showing of Ability to Pay by Mark Wilson Oregon Attorney Fee Repayment Requires Showing of Ability to Pay by Mark Wilson On October 9, 2013, the Oregon Court of Appeals held that a trial court lacked the authority to require a criminal defendant to pay …
Unfair Punishment by Sam Levin Unfair Punishment by Sam Levin Part One: Victim Discrimination A state program that’s supposed to help crime victims denies people who have had run-ins with the law or are afraid of being victimized again. The front door was wide open when police arrived at the …
Brief • August 1, 2014
Filed under: Money/Property
Adams v Benton Sheriff, AR, Order Denying Settlement, debit card program, 2013 Case 5:13-cv-05074-PKH Document 48 Filed 08/01/14 Page 1 of 10 PageID #: 1454 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION YVES EUGENE ADAMS; CESAR REYES; PAM PHILPOTT; and BRANDON PHILPOTT, all individually and …
Article • July 9, 2014 • from PLN July, 2014
Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation by Mark Wilson Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation by Mark Wilson The Oregon Court of Appeals held that a prosecutor’s failure to comply with state restitution laws did not deprive a trial court of authority to impose …
Article • July 9, 2014 • from PLN July, 2014
Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings by Mark Wilson Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings by Mark Wilson The Illinois Supreme Court held in September 2013 that a $50 State’s Attorney fee authorized in habeas corpus cases does not apply to non-habeas …
Article • June 6, 2014 • from PLN June, 2014
Oregon Garnishment Exemption Protects Funds in Prisoners’ Accounts by Mark Wilson Oregon Garnishment Exemption Protects Funds in Prisoners’ Accounts by Mark Wilson An Oregon judge has held that a prosecutor improperly seized money from a prisoner’s trust account to pay a court-ordered “compensatory fine.” In 2006, Norman Earl Schlunt was …
Article • June 5, 2014 • from PLN June, 2014
Filed under: Money/Property
Jails Face Backlash, Class-action Lawsuits Over Debit Card Fees by Matthew Clarke Jails Face Backlash, Class-action Lawsuits Over Debit Card Fees by Matt Clarke The sheriff of Dallas County, Texas had a good reason for giving prepaid debit cards to prisoners containing the balance of their trust fund accounts when …
Article • June 5, 2014 • from PLN June, 2014
Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections by Ninth Circuit Revives Prison Trust Account Seizure Claim; Disputed Ownership Requires Due Process Protections In an unpublished ruling, the Ninth Circuit Court of Appeals reversed a federal district court’s sua sponte dismissal of a California …
Publication • June 1, 2014
Filed under: Victims, Restitution
Compensating Victims of Crime Douglas Evans CUNY 2014 Compensating Victims of Crime Douglas N. Evans Research & Evaluation Center John Jay College of Criminal Justice June 2014 ACKNOWLEDGMENTS | Preparation of this report was supported by a grant from Justice Fellowship. The author wishes to thank the members of Justice …
Publication • June 1, 2014
Police Indemnification Joanna Schwartz N.Y.U. L. Rev. 2014 \\jciprod01\productn\N\NYU\89-3\NYU303.txt unknown Seq: 1 28-MAY-14 11:25 POLICE INDEMNIFICATION JOANNA C. SCHWARTZ* This Article empirically examines an issue central to judicial and scholarly debate about civil rights damages actions: whether law enforcement officials are financially responsible for settlements and judgments in police misconduct …
Publication • 2014
Libre by Nexus Contract Materials, Immigration Electronic Monitoring Services, 2014
Brief • May 21, 2014
Deocampo v. Potts, CA, Order Denying Relief from Final Judgment, Police Excessive Force, 2014 Case 2:06-cv-01283-WBS-CMK Document 211 Filed 05/21/14 Page 1 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 JASON EUGENE DEOCAMPO; JESUS …
Article • May 20, 2014 • from PLN May, 2014
California: Surety Entitled to Exoneration of Bail Bond Forfeited as a Result of Defendant’s Deportation by Michael Brodheim California: Surety Entitled to Exoneration of Bail Bond Forfeited as a Result of Defendant’s Deportation   by Michael Brodheim   The California Court of Appeal has held that a bail surety did …
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