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Article • May 5, 2017 • from PLN May, 2017
Oregon Prison System’s Medical Rule and Policy Invalidated by The Oregon Court of Appeals held in March 2016 that an Oregon Department of Corrections (ODOC) rule which authorized the Health Services clinical director to appoint the chief medical officer for each state prison was invalid because it conflicted with a …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Statistics/Trends, Trials
The Case of the Disappearing Criminal Jury Trial by Christopher Zoukis by Christopher Zoukis Every person accused of a crime has the right to a trial by jury. That right is enshrined in the U.S. Constitution, and is available to anyone charged with a serious criminal offense. But the number …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Cost of Prison Systems
Bonds Used to Finance Private Prisons, Jails Turn into Junk by Christopher Zoukis by Christopher Zoukis The promise of safe, humane and less costly prisons has been used for decades by the private prison industry to sell its products. As prison populations skyrocketed, local, state and federal governments became convinced …
Article • May 5, 2017 • from PLN May, 2017
Iowa Prisoner Awarded $1,000 for Jail Beating by A late December 2016 decision by the Board of Supervisors for Black Hawk County, Iowa not to appeal a federal judge’s ruling paved the way for a $1,000 judgment won by a prisoner who was beaten by other prisoners. James Robert Ernst …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Cost of Prison Systems
White House Justice Initiative Seeks Economic Boost from Policy Change by Derek Gilna by Derek Gilna Former President Obama’s Council of Economic Advisors produced a report in April 2016 that concluded the United States would gain an economic boost by reducing the nation’s level of imprisonment. According to the report, …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Death Penalty
Delaware Supreme Court Strikes Down Death Penalty, Following Hurst Decision by Derek Gilna by Derek Gilna On August 2, 2016, the Delaware Supreme Court, in Rauf v. State of Delaware, struck down the state’s death penalty in a closely-watched decision. Benjamin Rauf was charged with first-degree felony murder, and the …
Article • May 5, 2017 • from PLN May, 2017
PLN Settles Censorship Suit Against Illinois County for $75,000, Policy Changes by Lonnie Burton by Lonnie Burton On June 17, 2016, Kane County, Illinois ratified a settlement agreement with Prison Legal News to resolve a federal lawsuit after dozens of copies of PLN sent to prisoners at the county’s jail …
Dismissal of Federal Prisoner’s Lawsuit over Improper Solitary Confinement Affirmed by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the Second Circuit has dealt a blow to the constitutional rights of imprisoned writers. On December 11, 2012, after serving a lengthy sentence for arson-related crimes in connection with …
Reform Advocates Applaud Expiration of CoreCivic Contract in D.C. by At midnight on January 31, 2017, a welcome change came to the District of Columbia’s jail system with the expiration of the District’s 20-year contract with CoreCivic – formerly known as Corrections Corporation of America – to operate the Correctional …
Article • May 5, 2017 • from PLN May, 2017
Divided En Banc Sixth Circuit Blocks Release of Federal Mug Shots by Derek Gilna by Derek Gilna In a 9-7 decision, the en banc Sixth Circuit blocked the release of mug shots of federal criminal defendants, finding that the Internet had caused individuals to be “haunted” by Freedom of Information …
Article • May 5, 2017 • from PLN May, 2017
Incarceration Nations: A Journey to Justice in Prisons Around the World, by Baz Dreisinger by Matthew Clarke book review by Matt Clarke Incarceration Nations by Baz Dreisinger (Other Press, 2016). 325 pages, $19.00 (hardcover). When John Jay College of Criminal Justice Professor Baz Dreisinger began her two-year pilgrimage to prisons …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Plumbing, Sanitation
Flooding Forces Evacuation of Over 4,000 Texas Prisoners by Matthew Clarke by Matt Clarke Historic flooding along the Brazos River in southeast Texas last year forced the Texas Department of Criminal Justice (TDCJ) to evacuate three facilities near Rosharon that housed more than 4,000 prisoners. The evacuations began on May …
Article • May 5, 2017 • from PLN May, 2017
Filed under: Standard of Proof, Evidence
Kansas: Self-Defense Must be Disproved in Prison Disciplinary Proceeding by Lonnie Burton by Lonnie Burton The Kansas Supreme Court held on June 17, 2016 that prison authorities must disprove a claim of self-defense when a prisoner is charged with fighting and asserts he was merely defending himself. The ruling overturned …
Seventh Circuit Remands Untimely Appeal for Rule 4(a) Extension by On April 29, 2016, the Seventh Circuit reversed the dismissal of a civil detainee’s untimely appeal with instructions to treat a pro se post-judgment motion as a request for an extension of time under Fed.R.App.P. 4(a)(5). In 2006, Timothy Bell …
Article • May 5, 2017 • from PLN May, 2017
Stipulated Order Desegregates Arizona Prisons; $195,000 in Attorney Fees Awarded by Matthew Clarke by Matt Clarke Decades after prisons in the Deep South were desegregated by the federal courts, a federal judge has approved a stipulated order desegregating housing and job assignments in Arizona Department of Corrections (ADC) facilities. The …
Article • May 5, 2017 • from PLN May, 2017
Missouri Prisoners Vexed by Bills for Incarceration Costs by Matthew Clarke by Matt Clarke Current and former Missouri state prisoners have been experiencing “sticker shock” as they are presented with bills for the cost of their incarceration. The Missouri Incarceration Reimbursement Act (MIRA) has been around since 1988, but wasn’t …
Article • May 5, 2017 • from PLN May, 2017
Delaware Supreme Court Declares Death Penalty Retroactively Unconstitutional by On December 15, 2016, Delaware’s Supreme Court issued a unanimous 15-page decision that held the unconstitutionality of the state’s death penalty statute should be applied retroactively to prisoners previously sentenced to death. [Also, see p. 54.] While the ruling only mentioned …
Article • May 5, 2017 • from PLN May, 2017
California: Condemned Prisoners Smuggle Drugs to Commit Suicide by Christopher Zoukis by Christopher Zoukis As the 31 states that practice capital punishment struggle to find the chemicals necessary to execute condemned prisoners, in at least one state the prisoners themselves are successfully bringing in large quantities of drugs, which they …
Article • May 5, 2017 • from PLN May, 2017
UNICOR’s Manufacture of Defective Military Helmets Criticized by Derek Gilna by Derek Gilna The Office of the Inspector General of the U.S. Department of Justice (DOJ) released a report in August 2016 that was sharply critical of ArmorSource LLC and its subcontractor, Federal Prison Industries (FPI), better known as UNICOR, …
Article • May 5, 2017 • from PLN May, 2017
Indiana County is Leader in Sending People to Prison by Lonnie Burton by Lonnie Burton In a major shift from just a decade ago, rural areas of the U.S. are more likely to send people to prison than urban areas. While big cities have been trying to reduce incarceration rates, …
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