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Reintroducing the Private Prison Information Act: An Interview by Mel Motel Christopher Petrella and Alex Friedmann are leading a coalition of organizations urging U.S. Representative Sheila Jackson Lee (D-TX) to reintroduce the Private Prison Information Act during the 113th Congress. I reached them both on the phone on a busy …
Article • February 15, 2013 • from PLN February, 2013
GAO Examines How BOP Can Reduce Prisoners’ Time in Prison by Derek Gilna The U.S. Government Accountability Office (GAO) has released a study on the Bureau of Prisons’ authority to shorten a federal prisoner’s sentence. The Bureau of Prisons (BOP) was found to have three principal authorities with respect to …
Article • February 15, 2013 • from PLN February, 2013
In Memory of Jon E. Yount (1938-2012) by Peter Wagner Sometime in the early morning of April 26, 2012, in his cell in a remote Pennsylvania prison, a 74-year-old jailhouse lawyer serving a life sentence hung himself. He was a quiet man who avoided taking credit for his work, so …
Article • February 15, 2013 • from PLN February, 2013
Supreme Court Extends Qualified Immunity to Private Attorney by The U.S. Supreme Court has extended qualified immunity to a private lawyer who was retained by a city to serve as an internal affairs investigator. In August 2006, Rialto, California firefighter Nicholas Delia became ill while responding to a fire. His …
Article • February 15, 2013 • from PLN February, 2013
U.S. Imprisons the Most Women, Tops International List by It’s almost a cliché that the world’s freest country imprisons by far the most people. And yet the pure mathematics of the issue remain cruelly ironic, especially for America’s female prisoners. The second edition of the World Female Imprisonment List, released …
Article • February 15, 2013 • from PLN February, 2013
NY Federal Judge Deals Rare SHU Placement Defeat to BOP by Derek Gilna Viktor A. Bout, a Russian international arms dealer ensnared in a DEA sting in 2008, extradited from Thailand and held in the Special Housing Unit (SHU) of the federal Metropolitan Correctional Center (MCC) in New York, won …
Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains by Derek Gilna The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality …
Oregon Jail Guard Convicted of Assaulting Prisoner, Gets 30 Days in Jail by On April 6, 2012, a jury convicted a former Oregon jail guard of assaulting a prisoner. The following month he was sentenced to 30 days in jail and a two-year term of probation. One day before his …
Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence by Matthew Clarke by Matt Clarke In a 7-0 opinion with two judges not participating, the Texas Court of Criminal Appeals held on February 15, 2012 that a former prisoner who claimed exculpatory evidence was withheld in his …
Article • February 15, 2013 • from PLN February, 2013
The Collapse of American Criminal Justice, by William J. Stuntz (Belknap Press of Harvard University Press, 2011). 432 pages, $35.00 by Derek Gilna Book review by Derek Gilna The late William J. Stuntz, a Harvard law professor who conducted extensive research into the “rule of law” in American society, authored …
Article • February 15, 2013 • from PLN February, 2013
Pay-to-Stay Jail Programs Growing by Due in part to stressed government budgets, “pay-to-stay” fees imposed on prisoners in county jails are becoming more prevalent. Two counties, one in Ohio and the other in California, are now collecting incarceration costs from detainees. After Keller Blackburn became prosecutor for Athens County, Ohio, …
Article • February 15, 2013 • from PLN February, 2013
Seventh Circuit Approves Illinois Prison’s Rejection of PDR and Drug Guide by On March 9, 2012, the Seventh Circuit Court of Appeals affirmed the dismissal of a prisoner’s civil rights action that alleged violation of his constitutional rights due to the censorship of two books by prison officials. James Munson, …
Article • February 15, 2013 • from PLN February, 2013
Alabama Law Meant to Ensure Transparency in Judicial Elections Not Enforced for 16 Years by Derek Gilna An Alabama law that became effective in 1996, designed to remove any appearance of impropriety in the funding of judicial election campaigns, has languished while all three branches of state government have failed …
Idaho DOC Settles 30-year-old Class-action Lawsuit by Idaho officials first tried to suppress what they called an “inflammatory” and “libelous” report filed by a court-appointed expert in a longstanding suit involving the state’s prison system. They then finally agreed to settle the 30-year-old litigation based upon the report’s findings. In …
Article • February 15, 2013 • from PLN February, 2013
New York Jail Profits from TV Ads by Joe Watson How does a small business like Chico’s Bail Bonds increase its odds of reaching its target demographic? By advertising to people who have just been arrested and jailed, of course. While being booked and photographed within hours of their arrest, …
Article • February 15, 2013 • from PLN February, 2013
Filed under: Work, Prison Industries
Federal Prison Industries Contract Leads to Freeworld Job Losses by The loss of a $45 million contract to produce military clothing has caused Tennessee-based Tennier Industries to lay off around 100 workers. The contract was awarded to Federal Prison Industries (FPI), also known as UNICOR, which will use prisoner slave …
Article • February 15, 2013 • from PLN February, 2013
New Hampshire: $450,000 Settlement in Suit Over Prisoner’s Opiate Detoxification Death by On August 9, 2011, Hillsborough County, New Hampshire settled a lawsuit filed by the parents of a jail prisoner who died due to dehydration while undergoing unsupervised opiate detoxification. Kevin McEvoy, 24, was arrested in August 2008 on …
Article • February 15, 2013 • from PLN February, 2013
California: Denial of Kosher Diet to Messianic Jew Violates RLUIPA by The California Court of Appeal, Third District, has held that the denial of a prisoner’s request to participate in the state prison system’s Jewish Kosher Diet Program (JKDP), on the sole ground that he was a Messianic Jew, violated …
Article • February 15, 2013 • from PLN February, 2013
Ohio Supreme Court Sides with Defendant in Sex Offender Registration Case by Derek Gilna On May 8, 2012, the Ohio Supreme Court ruled in favor of Wesley Lloyd, who was convicted of a sex offense in Texas and then moved to Ohio in 2005. He was arrested and convicted in …
Article • February 15, 2013 • from PLN February, 2013
TASER Liability Verdict Upheld, but Remittitur Granted by A North Carolina U.S. District Court has held, in ruling on a post-trial motion, that a jury’s liability verdict against TASER International related to the death of a juvenile shocked by one of the company’s TASER devices was reasonable, but granted remittitur …
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