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Sixth Circuit: Requiring Admission of Guilt to Participate in Mandatory-for-Parole SOTP No Fifth Amendment Violation by Matthew Clarke On April 4, 2012, the Third Circuit court of appeals held that requiring an admission of guilt to participate in an in-prison sex offender treatment program (SOTP) did not violate the Fifth …
Article • August 22, 2016
Florida: DNA Mix-Up Calls Rapist's Conviction Into Question by When the FBI informed the Florida Department of Law Enforcement (FDLE) that it had a recent "hit" on the DNA of convicted rapist Andrew Lingard, the FDLE realized that something was amiss, because Lingard has been in prison for the last …
Article • August 22, 2016
$300,000 Settlement in California Officers’ Planting of Gun on Parolee by The city of Oakland, California paid $300,000 to a man who spent nearly two years in jail after a police officer planted a gun on him. The settlement follows a jury verdict in the case. Among local audiences, Lorenzo …
Article • August 22, 2016
Fifth Amendment Right Waived, If Not Invoked During Polygraph Test by Pennsylvania parolee David S. Knoble served his sentence for endangering the welfare of a child, conspiring with his wife for her to engage in sexual intercourse with his 14-year old son and then placed on four-year probation. He was …
Federal Probation Officer Sexually Abuses Five Women by A 22-year veteran federal probation officer faces indictment and suit for sexually abusing five women under his supervision, from late 2006 until retiring in mid-2009. Gaillynn Monica Abbott filed a July 20, 2010, federal lawsuit against her federal probation officer, Mark John …
Article • August 22, 2016
Filed under: Parole, Parole Conditions
D.C. Circuit Rejects Ex Post Facto Challenge to Application of Parole Regulations by On August 6, 2010, the U.S. Court of Appeals for the D.C. Circuit affirmed a denial of habeas relief to a prisoner who claimed that the U.S. Parole Commission violated the Ex Post Facto Clause in denying …
Article • August 19, 2016
Filed under: Sentencing, Juveniles
Oregon Prosecutor Curtails Adult Prosecution & Mandatory Sentencing of "Superpredators" by Twenty-one years after Oregon first enacted a harsh mandatory sentencing law, requiring automatic adult prosecution of juveniles as young as 15 years old, prosecutors in Oregon's largest county recently announced a policy of declining to prosecute some juveniles as …
Article • August 19, 2016
New Jersey May Retroactively Impose GPS Monitoring on Sex Offender Sentenced to Community Supervision for Life by On January 19, 2016, a New Jersey court of appeals held that it was not a violation of the New Jersey or federal ex post facto clauses to retroactively impose GPS monitoring for …
Article • August 19, 2016
Fifth Circuit Reverses Supervised Release Condition Prohibiting Defendant from Residing with Anyone Who Is Not A Blood Relative or Who He Is Not Married To by On June 16, 2008, the U.S. Court of Appeals for the Fifth Circuit reversed a supervised release condition prohibiting a defendant from living with …
Article • August 19, 2016
Filed under: Indigent Defense, Bail
Connecticut Supreme Court: Bail May Be Used to Protect Others by In an opinion handed down on November 3, 2015, the Supreme Court of Connecticut held that a man who had been acquitted by reason of insanity could be held in prison subject to a bond he could not afford …
Publication • August 19, 2016
Profiting from Probation - America’s “Offender-Funded” Probation Industry, Human Rights Watch, 2014 H U M A N R I G H T S W A T C H PROFITING FROM PROBATION America’s “Offender-Funded” Probation Industry Profiting from Probation America’s “Offender-Funded” Probation Industry Copyright © 2014 Human Rights Watch All rights …
Brief • August 18, 2016
Walker v. City of Calhoun, GA, Brief of Amicus Curiae, Indigent Arrestee Bail Debtors Prison, 2016 Case: 16-10521 Date Filed: 08/18/2016 No. 16-10521-HH Page: 1 of 34 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _________________ MAURICE WALKER, on behalf of himself and others similarly situated, Plaintiff-Appellee …
Article • August 12, 2016
Filed under: Sentencing, Parole, Juveniles
Texas Court Holds Juvenile Capital Murder Adjudication Not Subject to Extraordinary Parole Review by Matthew Clarke On February 9, 2016, a Texas court held that a person adjudged delinquent for capital murder  as a juvenile and later transferred from the Texas Youth Commission to the adult prison system is not …
Article • August 12, 2016
Filed under: Parole, Parole Conditions
PV Arrest Qualifies for Oregon Resisting Arrest Conviction by Mark Wilson The Oregon Supreme Court held that arrest for a probation or parole violation qualifies as an arrest for Oregon's resisting arrest statute. In 2009, police stopped Curtis McClure and asked his name. McClure told them and asked if he …
Article • August 12, 2016
Filed under: Sentencing, Juveniles
Pennsylvania Supreme Court Finds Miller v. Alabama Not Retroactive by Mark Wilson The Pennsylvania Supreme Court held that the United States Supreme Court's ban on mandatory juvenile life without parole (LWOP) sentences does not apply retroactively. In 1999, seventeen year old Ian Cunningham shot and killed Daniel Delarge Jr., during …
Article • August 12, 2016
No Oregon DNA Appeal Unless Testing is Denied or Limited by Mark Wilson The Oregon Court of Appeals held that prisoners do not have a due process right to a psychological evaluation at state expense for "rehabilitation hearings." Oregon prisoners convicted of Aggravated Murder are sentenced to life imprisonment with …
Article • August 12, 2016
No Due Process Right to Oregon Parole Witnesses or Cross-Examination by Mark Wilson The Oregon Court of Appeals rejected a facial challenge to a rule denying prisoners the right to call or cross-examine witnesses at parole hearings. When the Oregon Board of Parole and Post-Prison Supervision (Board) has established a …
Publication • August 12, 2016
Filed under: Alternative Sentencing
Audit of the Department’s Use of Pretrial Diversion and Diversion-Based Court Programs as Alternatives to Incarceration, DOJ OIG, 2016 Office of the Inspector General U.S. Department of Justice Audit of the Department’s Use of Pretrial Diversion and Diversion-Based Court Programs as Alternatives to Incarceration Audit Division 16-19 July 2016 AUDIT …
Publication • August 12, 2016
Filed under: Corrections Audits, Parole
Discretionary Parole State Board of Parole Performance Audit, CO State Auditor, 2008 REPORT OF THE STATE AUDITOR Discretionary Parole State Board of Parole Performance Audit November 2008 LEGISLATIVE AUDIT COMMITTEE 2008 MEMBERS Representative James Kerr Chair Representative Dianne Primavera Vice-Chair Senator Jim Isgar Representative Rosemary Marshall Representative Frank McNulty Senator …
Publication • August 12, 2016
Pretrial Practice - Building a National Research Agenda for the Front End of the Criminal Justice System, CUNY JJC, 2015 Pretrial Practice: Building a National Research Agenda for the Front End of the Criminal Justice System A Report on the Roundtable to Develop a National Pretrial Research Agenda October 26-27, …
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