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Report on Prosecutorial Coercion in Obtaining Drug Pleas by Derek Gilna Report on Prosecutorial Coercion in Obtaining Drug Pleas by Derek Gilna A report by Human Rights Watch highlighted what criminal law experts have known for years – that federal prosecutors have almost unlimited power in drug cases to coerce …
Article • August 1, 2015 • from PLN August, 2015
Supreme Court Voids ACCA’s Residual Clause in Landmark Decision by Derek Gilna Supreme Court Voids ACCA’s Residual Clause in Landmark Decision by Derek Gilna In a landmark decision authored by Justice Antonin Scalia, on June 26, 2015 the U.S. Supreme Court struck down the residual clause of the Armed Career …
Report Finds Criminal Justice Reforms across the Nation by Mark Wilson Report Finds Criminal Justice Reforms across the Nation by Mark Wilson In 2012, 6.98 million Americans were under some form of correctional supervision, with 2.2 million in prison or jail and another 4.8 million on probation or parole, according …
Bipartisan Congressional Committee to Reduce Federal Criminal Code by Derek Gilna Bipartisan Congressional Committee to Reduce Federal Criminal Code by Derek Gilna There’s nothing like a good financial crisis in the federal government to focus politicians’ minds on saving money wherever they can, especially for their own pet projects. According …
Article • August 7, 2014 • from PLN August, 2014
U.S. Sentencing Commission Approves Retroactivity for Drug Offense Sentence Reductions by Derek Gilna U.S. Sentencing Commission Approves Retroactivity for Drug Offense Sentence Reductions by Derek Gilna It’s always hard for the federal government to admit its mistakes, especially when they have ruined tens of thousands of lives, devastated inner-city neighborhoods …
Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency by Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), mandates sentence enhancements for certain federal defendants who commit crimes with firearms; those who have three or …
Publication • 2014
A Slow Motion Lynching?, Article on Mass Incarceration and the War on Drugs, Mark w. Bennett, 2014 A SLOW MOTION LYNCHING? THE WAR ON DRUGS, MASS INCARCERATION, DOING KIMBROUGH JUSTICE, AND A RESPONSE TO TWO THIRD CIRCUIT JUDGES Mark W. Bennett* Abstract A federal district court judge who has sentenced …
Publication • May 30, 2014
Justice Roundtable Coalition, Support Letter, Smarter Sentencing Act, 2014 May 30, 2014 The Honorable Harry Reid Majority Leader United States Senate 522 Hart Senate Office Building Washington, DC 20510 The Honorable Mitch McConnell Minority Leader United States Senate 371 Russell Senate Office Building Washington, DC 20510 RE: Support the Bipartisan …
Article • May 20, 2014 • from PLN May, 2014
DC Circuit: Federal Prisoner not Limited to Seeking Relief via Habeas Corpus by Michael Brodheim DC Circuit: Federal Prisoner not Limited to Seeking Relief via Habeas Corpus   by Michael Brodheim   The District of Columbia Circuit Court of Appeals has held that a federal prisoner may seek relief via …
Article • January 15, 2014 • from PLN January, 2014
Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket by The Tenth Circuit Court of Appeals held that a judgment must be entered on a district court’s publicly accessible criminal docket to commence the 14-day time limit in which a defendant may file a notice of appeal. Francisco …
Human Rights Watch: Nation Behind Bars -- A Human Rights Solution, 2014 H U M A N R I G H T S W A T C H NATION BEHIND BARS A HUMAN RIGHTS SOLUTION NATION BEHIND BARS A HUMAN RIGHTS SOLUTION Introduction.......................................................................................................................................3 Background: Rates of Incarceration and Basic Criminal …
Ninth Circuit Upholds BOP Boot Camp Termination by The Ninth Circuit Court of Appeals held that the federal Bureau of Prisons (BOP) did not violate the Administrative Procedures Act (APA) or a prisoner’s constitutional rights when it terminated its boot camp program. Congress passed a law in 1990, authorizing BOP …
Article • August 15, 2013
Bodily Injury Enhancement in Federal Guidelines Requires Significant Injury by The Tenth Circuit Court of Appeals held that injuries sustained by a jail guard were insufficient to sustain a two-level sentence enhancement for bodily injury. While imprisoned at Utah’s Weber County Jail on November 21, 2004, federal prisoner Francisco Mejia-Canales …
How the Prison - Industrial Complex Destroys Lives by Mark Karlin by Mark Karlin, Truthout Marc Mauer is the Executive Director of The Sentencing Project and the author of Race to Incarcerate, which has just been released in graphic format, illustrated by Sabrina Jones, as Race to Incarcerate: A Graphic Retelling …
Seventh Circuit Affirms Imprisonment Does Not Promote Correction and Rehabilitation by Derek Gilna The Seventh Circuit Court of Appeals overturned the above-guidelines sentence wherein the sentencing judge stated he wanted the defendant to "get mental health treatment." In so ruling, the Seventh Circuit followed the case of Tapia v. United …
Oregon Prosecutor’s Son Escapes Mandatory Prison Time for Sexual Assault by Commit sexual abuse in Oregon and you face a mandatory prison sentence of 75 months – unless your father happens to be a prosecutor, apparently. In December 2011, Jacob Frasier, 17, the son of Coos County District Attorney Paul …
Dramatic Increase in Percentage of Criminal Cases Being Plea Bargained by Matthew Clarke by Matt Clarke Over the course of the past few decades there has been a significant increase in the percentage of criminal cases being plea bargained and a corresponding decrease in cases that are taken to trial. …
Article • December 15, 2012 • from PLN December, 2012
U.S. Sentencing Commission Calls Federal Mandatory Minimums “Excessively Severe” by Derek Gilna In a 645-page report prepared by the U.S. Sentencing Commission for Congress, released in October 2011, the Commission found that federal “mandatory minimum” sentences are harsh and unjust – especially in cases where there is no physical harm …
ACLU Report Proves Smart Criminal Justice Policy Reform is Possible by David Reutter by David M. Reutter The American Civil Liberties Union released a report in August 2011 that calls for reforming the U.S. criminal justice system. The report makes recommendations for systematic reforms, front-end reforms and back-end reforms; it …
Article • May 15, 2012
Washington Sentence May Not Exceed Statutory Maximum; Court Determines Sentence Length, Not DOC by The Washington state Court of Appeals held that the sentencing court must ensure that the sentence imposed does not exceed the statutory maximum sentence. Randy Linerud pled guilty to failing to register as a sex offender …
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