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Article • September 18, 2014 • from PLN September, 2014
Filed under: HIV/AIDS, Statistics/Trends
New Report Cites Fewer HIV-Positive State and Federal Prisoners by Matthew Clarke New Report Cites Fewer HIV-Positive State and Federal Prisoners by Matt Clarke A recent study revealed that the number of HIV-positive prisoners in both state and federal facilities nationwide is declining and, for the first time, the AIDS …
Article • September 15, 2014 • from PLN September, 2014
Filed under: Judiciary
Selection and Retention Process for Tennessee Appellate Court Judges Challenged by Christopher McWhorter Selection and Retention Process for Tennessee Appellate Court Judges Challenged by Christopher McWhorter In the State of Tennessee, judges are elected. Before incumbent appellate court judges are placed on the ballot, however, they must be evaluated by …
Article • September 15, 2014 • from PLN September, 2014
Filed under: Informants, Sentencing
Sentence Reductions for “Snitching” Undermine U.S. Justice System by Derek Gilna Sentence Reductions for “Snitching” Undermine U.S. Justice System by Derek Gilna Imagine this scenario: Drug Enforcement Administration (DEA) agents bust a small-time drug dealer for, let’s say, nickel-and-diming in heroin. They take him to booking, run his fingerprints and …
Article • September 15, 2014 • from PLN September, 2014
Filed under: Court Access
Settlement Opens Georgia Courtrooms to the Public by David Reutter Settlement Opens Georgia Courtrooms to the Public by David M. Reutter Human rights groups have applauded efforts to open Georgia courts to members of the public, putting an end to a widespread practice of courtrooms being declared off limits – …
Article • September 15, 2014 • from PLN September, 2014
Filed under: Sex Offender Residence
Do Residency Bans Drive Sex Offenders Underground? by Steven Yoder Do Residency Bans Drive Sex Offenders Underground? by Steven Yoder Early last year, Los Angeles set aside a sliver of land in its Harbor Gateway neighborhood for the city’s newest and smallest park: two jungle gyms on a fifth of …
CCA Has Long History of Wage Violations, Poor Treatment of Employees by CCA Has Long History of Wage Violations, Poor Treatment of Employees On August 20, 2014, Corrections Corporation of America (CCA), the nation’s largest for-profit prison operator, issued a press release that attempted to put a positive spin on …
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 …
Article • September 12, 2014 • from PLN September, 2014
Filed under: Editorials
From the Editor by Paul Wright From the Editor by Paul Wright Since its inception, Prison Legal News has been reporting on prison slavery and the exploitation of prison slave labor. This month’s cover story continues that tradition. As we have repeatedly noted, the 13th Amendment to the U.S. Constitution …
Article • September 12, 2014 • from PLN September, 2014
Texas: Unconstitutional to Revoke Probation Due to Refusal to Self-Incriminate During Polygraph or Therapy by Matthew Clarke Texas: Unconstitutional to Revoke Probation Due to Refusal to Self-Incriminate During Polygraph or Therapy by Matt Clarke On May 8, 2013, the Texas Court of Criminal Appeals held that a probationer’s term of …
Article • September 12, 2014 • from PLN September, 2014
Filed under: News in Brief
News in Brief by News in Brief Brazil: Brazilian authorities announced on January 15, 2014 that an investigation would be initiated into atrocities at the infamous Pedrinhas penitentiary. Bloody battles between rival prison gangs resulted in complaints of mass rapes of women visitors and the posting of a video depicting …
Report: Prisons in Honduras are Dangerous, Violent and Corrupt by Matthew Clarke Report: Prisons in Honduras are Dangerous, Violent and Corrupt by Matt Clarke When a February 2012 fire at a prison in Comayagua, Honduras killed 361 prisoners after guards abandoned their posts – leaving the prisoners to die in …
Article • August 13, 2014 • from PLN August, 2014
Seventh Circuit: Indiana Malicious Prosecution Claim Cognizable via § 1983 by Mark Wilson Seventh Circuit: Indiana Malicious Prosecution Claim Cognizable via § 1983 by Mark Wilson On October 21, 2013, the Seventh Circuit Court of Appeals reversed a district court’s dismissal of a former prisoner’s malicious prosecution claim. While investigating …
Article • August 13, 2014 • from PLN August, 2014
Washington Supreme Court Recognizes Racial Bias in Jury Selection but Fails to Take Action by Mark Wilson Washington Supreme Court Recognizes Racial Bias in Jury Selection but Fails to Take Action by Mark Wilson "Peremptory challenges are used in trial courts throughout this state, often based largely or entirely on …
Article • August 13, 2014 • from PLN August, 2014
Private Prison Contractor Not Subject to New Jersey’s Open Records Act by Private Prison Contractor Not Subject to New Jersey’s Open Records Act On October 12, 2012, a New Jersey state superior court held that Community Education Centers (CEC), a private prison contractor, was not required to disclose its records …
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 …
Article • August 13, 2014 • from PLN August, 2014
Jails Stop Posting Mug Shots to End "Extortion" by Profiteering Websites by Jails Stop Posting Mug Shots to End "Extortion" by Profiteering Websites A growing number of jails are no longer putting booking photos of arrestees online in order to prevent websites such as mugshots.com from obtaining and posting them, …
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 …
Ninth Circuit Again Rejects California’s Resistance to ADA Obligations by Mark Wilson Ninth Circuit Again Rejects California’s Resistance to ADA Obligations by Mark Wilson On October 4, 2013, the Ninth Circuit Court of Appeals affirmed a district court order requiring California prison officials to disseminate and implement a previously-negotiated County …
Article • August 13, 2014 • from PLN August, 2014
Filed under: DNA Testing/Samples
Kansas DNA Testing Eligibility Extended to Second-Degree Murder by Mark Wilson Kansas DNA Testing Eligibility Extended to Second-Degree Murder by Mark Wilson The Kansas Supreme Court held on October 4, 2013 that a state law denying DNA testing to prisoners convicted of second-degree murder violates the Equal Protection Clause of …
Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice by Mark Wilson Ninth Circuit Vacates FRCP 4(m) Dismissal Without Notice by Mark Wilson The Ninth Circuit Court of Appeals held on October 30, 2013 that a district court’s failure to provide notice before dismissing a complaint for non-service and denying leave …
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