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Article • November 15, 2016
Sentencing Commission Report Finds Crack Convictions Halved by Fair Sentencing Act by Derek Gilna When Congress Passed the Fair Sentencing Act of 2010 (FSA), it reduced the 100 to 1 disparity for crack cocaine offenses compared to cocaine offenses to 18 to 1.  The intent was to reduce sentences and, …
Cuomo, New York Fail to "Raise the Age" As to Juveniles Tried As Adults by Christopher Zoukis Sixteen and seventeen-year-olds charged with crimes in New York courts will continue to be tried as adults, as Governor Andrew Cuomo and the legislature ended the 2015 lawmaking session without a law to …
American Jail Population Remains Steady by Christopher Zoukis The population of America's jails at mid-year 2014 remained steady at approximately three-quarters or a million prisoners, at 744,600 men, women, and children.  This number represents a 1.8 percent increase from 2013 levels, but still lower than the 2008 high of 785,500 …
A Primer on Prisoners’ Constitutional Rights by Alex Friedmann Prison Legal News (PLN) regularly reports on prison and jail-related court decisions involving violations of prisoners’ constitutional rights. Those who are new to the arena of civil rights litigation and unfamiliar with prisoners’ few remaining rights may need a basic introduction …
When Prison is Not Enough: The Rise (and Perhaps the Fall) of the Supermax Prison by by Keramet Reiter In 1986, the Security Management Unit opened in Florence, Arizona. It was a new kind of prison designed for long-term, total isolation, for prisoners whom prison officials said simply could not …
Article • November 8, 2016 • from PLN November, 2016
Local Jails Increasingly Refuse to Comply with ICE Detainers by Joe Watson Hundreds of municipalities across the country – including major cities such as Los Angeles and others with large populations of immigrants – are refusing to honor requests from federal officials to hold undocumented immigrants in jail for possible …
Oregon “Incorrigible Masturbator’s” Life Sentence Unconstitutionally Disproportionate by Mark Wilson The Oregon Court of Appeals held on June 17, 2015 that a true life sentence for “an incorrigible masturbator” was an unconstitutionally disproportionate punishment – a decision subsequently upheld by the state Supreme Court. Under ORS 137.719(1), certain recidivist sex …
Rare Corporate Prosecution: West Virginia’s “King of Coal” Sentenced for Conspiracy in Mine Deaths by Don Blankenship, the former CEO of Massey Energy, conspired to “willfully violate mandatory mine health and safety standards” to maximize his personal profits, and on April 5, 2010, an explosion attributed to safety violations claimed …
Alabama Prisoner Exonerated after Serving 30 Years on Death Row by After almost 30 years, Alabama death row prisoner Anthony Ray Hinton was freed on April 3, 2015 – at the age of 58 – when prosecutors dropped the charges against him. At the time of his release, Hinton, who …
Colorado’s “Make My Day” Law No Longer Applies to Prisoners by David Reutter by David Reutter On the heels of the dismissal of murder charges against two Sterling Correctional Facility (SCF) prisoners under the state’s “Make My Day” law, lawmakers quickly rolled back the self-protection statute’s applicability to prisoners. Prosecutors …
Article • November 8, 2016 • from PLN November, 2016
Pennsylvania: Former Cop Indefinitely Jailed for Failure to Supply Passwords by In March 2015, former Philadelphia police sergeant Francis Rawls, 37, was identified as a suspect in a child porno­graphy ring. As part of the investigation, Delaware County authorities confiscated several electronic devices from Rawls’ home and requested that he …
Justice Policy Institute Report Challenges Reformers to Focus on Violent Crimes by Derek Gilna There is bipartisan consensus on both the state and federal levels that the number of incarcerated non-violent offenders should be reduced, and that process has slowly begun to build momentum. As the U.S. prison population has …
Article • November 8, 2016 • from PLN November, 2016
Preliminary Injunction Granted in Class-action Suit Challenging Private Probation Services in Tennessee by David Reutter Another victory in the fight against debtors’ prisons was achieved with the grant of an injunction by a Tennessee federal district court. The preliminary injunction, issued in a class-action lawsuit in December 2015, prohibits a …
The Rape Victims Silenced by Their Prison Cells by A prison chaplain who admitted to sexually assaulting three prisoners may spend less than a year behind bars. Why don’t we seem to care? by Melissa Jeltsen, Huffington Post When Leticia Villarreal, 42, began her prison sentence at McPherson Unit, a …
Challenge to Ohio Private Prison Confinement Not Cognizable in Habeas Corpus by Mark Wilson The Ohio Court of Appeals has affirmed the dismissal of a prisoner’s habeas corpus petition seeking immediate release from a private prison. Ohio state prisoner Maurice Freeman was confined at the Lake Erie Correctional Institution, a …
Article • November 7, 2016 • from PLN November, 2016
Federal Prisoner Tells President “No Thanks” to Offer of Clemency with RDAP Condition by Derek Gilna Federal prisoner Arnold Ray Jones was one of almost 30,000 applicants seeking executive clemency from President Obama, including those who took part in Clemency Project 2014, which was launched to provide much-needed relief to …
Article • November 7, 2016 • from PLN November, 2016
Oregon Parole Board Incorrectly Prohibited Legal Assistant from Speaking at Parole Hearing by Mark Wilson Last year, the Oregon Court of Appeals held that a prisoner was improperly compelled to choose between having his mother or a legal assistant speak on his behalf at a parole hearing. Oregon state prisoner …
ACLU Sues California as Incompetent Defendants Wait in Jail for Mental Health Treatment by Joe Watson The ACLU filed a lawsuit last year on behalf of defendants declared incompetent to stand trial who languish in county jails across California while they await transfers to state mental health facilities. When the …
Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program by Matthew Clarke On September 30, 2015, a U.S. district court certified a class of Indiana state prisoners who refused to admit their guilt as part of the Indiana Sex Offender …
Article • November 7, 2016 • from PLN November, 2016
Supervised Release Term Does Not Limit Prison Sentence Upon Violation by The Eleventh Circuit Court of Appeals held “that upon revocation of supervised release a defendant may be sentenced to the felony class limits contained in [18 U.S.C.] § 3583(e)(3) without regard to imprisonment previously served for revocation of supervised …
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