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Number of State Prisoners Age 55 and Over Increased 400% in 20 Years by Derek Gilna Although much of the attention concerning the huge increase in America’s prison population has focused on the federal prison system, a new U.S. Department of Justice (“DOJ”) report found that the number of prisoners …
Report Reveals “Guaranteed Minimums” Drive ICE Detention by An updated report by Detention Watch Network (DWN), in cooperation with the Center for Constitutional Rights (CCR), has exposed the practice of “guaranteed minimum” bed quotas in detention facilities operated by or for Immigration and Customs Enforcement (ICE). The term refers to …
Tenth Circuit Finds Compelled, Incriminating Sex Offender Polygraphs Unconstitutional by Christopher Zoukis In May 2016, the U.S. Court of Appeals for the Tenth Circuit held that sex offenders released from custody cannot be compelled to answer potentially incriminating polygraph questions as a condition of their supervised release. The ruling came …
Article • August 2, 2016 • from PLN August, 2016
Prison Policy Initiative Shines Spotlight on Probation and Parole Data by Derek Gilna A recent study by the Prison Policy Initiative (PPI) places its emphasis not on the number of people incarcerated in the United States, but rather on an often-ignored figure – how many individuals are on probation and …
$7,000 Settlement after Second Circuit Reverses Dismissal of New York Prisoner’s Suit by Derek Gilna In 2007, prisoner Aaron Willey filed a pro se federal civil rights lawsuit against guards employed by the New York State Department of Corrections and Community Supervision, alleging harassment, inadequate nutrition, theft of legal documents, …
Article • August 2, 2016 • from PLN August, 2016
Virginia: Unproven Facts Used to Deny Parole Subject of Lawsuit, Settlement by A settlement agreement in a federal lawsuit forced the Virginia Department of Corrections (VDOC) and the state’s Parole Board to deem a prisoner eligible for parole. The settlement also reversed the agencies’ interpretation of Virginia’s “Three Strikes” law …
Iowa State Court Finds Prisoner Entitled to Counsel at Prison Classification Hearing by Derek Gilna Iowa State District Court Judge Scott D. Rosenberg reversed and remanded a prisoner’s adverse classification hearing based upon the denial of his right to legal counsel. Gary Pettit pleaded guilty to third-degree sexual abuse and …
In-house Parole Costs New Mexico Over $10 Million Annually by Matthew Clarke Inefficiencies in the New Mexico Corrections Department (NMCD) and the state’s Parole Board have resulted in hundreds of prisoners being kept in prison long beyond their parole release dates. The cost of incarcerating each prisoner during this so-called …
Article • August 2, 2016 • from PLN August, 2016
Prison Policy Initiative Report Says Money Bail System Keeps Poor in Jail by Derek Gilna Of the more than 2.3 million people locked up in the United States at any given time, around 646,000 are held in county jails. Of that population, seven in ten are pretrial detainees who have …
Article • August 2, 2016 • from PLN August, 2016
New York Federal Judge Challenges Collateral Consequences by In a move The New York Times called “striking,” and Gabriel J. Chin, a professor at the University of California, Davis School of Law said was “groundbreaking,” U.S. District Court Judge Frederic Block sentenced a young woman in a drug case to …
Article • August 2, 2016 • from PLN August, 2016
California: Ninth Circuit Reverses Finding that Props 9 and 89 are Unconstitutional by Derek Gilna In February 2014, following a bench trial, U.S. District Court Judge Lawrence K. Karlton found that two California laws created as a result of state ballot initiatives “retrospectively increased punishments, in violation of the ex …
BOP Over-detention of Prisoner Nets $35,000 Settlement by The federal Bureau of Prisons paid $35,000 to settle a claim alleging it over-detained a prisoner by 154 days. Lester Coleman was due to be released on July 5, 2000, but he was not released until December 7, 2000.  His complaint stated …
Article • August 1, 2016
New York’s Parole System in Need of Repair by New York’s Parole System in Need of Repair by Release Aging People in Prison/RAPP RAPPCampaign.com “For the courts of this state to repeatedly entertain petitions and issue decisions ordering de novo hearings because the [Parole] Board fails to follow a clear …
Publication • August 1, 2016
Black Lives Matter, Racial Inequality in Criminal Justice Report, The Sentencing Project, 2015 BLACK LIVES MATTER: ELIMINATING RACIAL INEQUITY IN THE CRIMINAL JUSTICE SYSTEM For more information, contact: The Sentencing Project 1705 DeSales Street NW 8th Floor Washington, D.C. 20036 (202) 628-0871 sentencingproject.org twitter.com/sentencingproj facebook.com/thesentencingproject This report was written by …
Publication • August 1, 2016
Filed under: Sentencing, Parole
Manual, U.S. Parole Commission, 2010 TABLE OF CONTENTS Section (§) Title Page SUBPART A—UNITED STATES CODE PRISONERS AND PAROLEES 2.1 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . …
The Impact of Trying Youths as Adults, Campaign for Youth Justice, 2007 THE CAMPAIGN FOR YOUTH JUSTICE The Campaign for Youth Justice (CFYJ) is dedicated to ending the practice of trying, sentencing, and incarcerating youth under the age of 18 in the adult criminal justice system. The goals of the …
$950,000 Settlement in DC Prisoner’s False Imprisonment Lawsuit by The District of Columbia paid $950,000 to settle the lawsuit of Joseph S. Heard for unlawful imprisonment. On November 15, 1998, Heard, a deaf man, was arrested for unlawful entry into a George Washington University building. The case was dismissed October …
Article • July 29, 2016
Michigan Man Convicted on Faulty Bite Evidence Receives $1.5 Million by A $1.5 million settlement was reached in a lawsuit brought by a Michigan man who spent 13 years in prison for a rape charge based on faulty bite mark evidence. Two weeks before the case was set to proceed …
Brief • July 29, 2016
Marom v. City of New York, NY, Order on Reconsideration, Police Misconduct and Overdetention, 2016 Case 1:15-cv-02017-PKC-SN Document 66 Filed 07/29/16 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x YOTAM MAROM, MIRIAM ROCEK, and DON FITGERALD, Plaintiffs, -against- 15-cv-2017 (PKC) MEMORANDUM AND ORDER ON …
Publication • July 29, 2016
Predicting Erroneous Convictions - A Social Science Approach to Miscarriages of Justice, Gould et al, 2013 The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Predicting Erroneous Convictions: A Social Science Approach to Miscarriages of Justice Author(s): …
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