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Article • October 28, 2014
No Country for Young Men by Dana Goldstein No Country for Young Men Junior Smith was a troubled kid who needed help. Instead, West Virginia sent him to jail. By Dana Goldstein, October 6, 2014   On Feb. 27, 2013, 17-year-old Junior Smith was summoned to the front office of …
Article • October 10, 2014 • from PLN October, 2014
“Ban the Box” Movement Spreads Nationwide by Joe Watson “Ban the Box” Movement Spreads Nationwide by Joe Watson Prisoner advocacy groups are hailing recent successes in “Ban the Box” campaigns to remove questions related to criminal records from employment applications, and say they hope to expand the movement even further …
Article • October 10, 2014 • from PLN October, 2014
Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto by Matthew Clarke Fifth Circuit Holds Louisiana Commutation Changes Not Ex Post Facto by Matt Clarke In an opinion filed May 21, 2013, the Fifth Circuit Court of Appeals held that changes to commutation laws and rules in Louisiana, which …
Article • October 10, 2014 • from PLN October, 2014
Drug Courts Partner with Pharmaceutical Company to Combat Heroin, Alcohol Abuse by Drug Courts Partner with Pharmaceutical Company to Combat Heroin, Alcohol Abuse The 406th District Drug Court in Webb County, Texas has turned to a new approach for breaking the cycle of addiction related to heroin, opiate and alcohol …
Article • October 10, 2014 • from PLN October, 2014
Tennessee Senate Judiciary Committee Holds Hearings on Criminal Justice Reform by Tennessee Senate Judiciary Committee Holds Hearings on Criminal Justice Reform On September 15 and 16, 2014, while Tennessee’s General Assembly was out of session, the Senate Judiciary Committee held hearings on criminal justice reform – the first time a …
Article • October 5, 2014
New York: Illegal Application of Parole Condition Clearly Established by New York: Illegal Application of Parole Condition Clearly Established   The Second Circuit Court of Appeal has held that its ruling in Earley v. Murray, 451 F.3d 71 (2d Cir. 2006) clearly established the unconstitutionality of New York prison officials …
Article • October 5, 2014
D.C. Circuit Rules Detainee Treatment Act Not Subject to § 1983 Remedy by Derek Gilna D.C. Circuit Rules Detainee Treatment Act Not Subject to § 1983 Remedy   by Derek Gilna   A John Doe plaintiff, a U.S. citizen and employee of an American-owned defense contracting firm performing Arabic translating …
Article • October 5, 2014
Willfulness Must be Proven to Violate Florida Probation for Failure to Pay by Willfulness Must be Proven to Violate Florida Probation for Failure to Pay   The Florida Supreme Court has held it is unconstitutional to make a finding of a probation violation without inquiring into the probationer’s ability to …
Article • October 5, 2014
Filed under: Sentencing, Parole
Due Process Requires Hearing before Return to Parole in Mistaken Release by David Reutter Due Process Requires Hearing before Return to Parole in Mistaken Release   by David M. Reutter   The Sixth Circuit Court of Appeals has upheld the grant of qualified immunity to defendants who returned a man …
Article • October 5, 2014
Iowa Parole Search Condition is Not Search Consent; Warrantless Search Violated Iowa Constitution by Mark Wilson Iowa Parole Search Condition is Not Search Consent; Warrantless Search Violated Iowa Constitution   by Mark Wilson   The Iowa Supreme Court held that a warrantless search of a parolee’s home violated the Iowa …
Washington Supreme Court Holds Victim Impact Statements and Special Sex Offender Sentencing Alternative Evaluations May Be Disclosed by Washington Supreme Court Holds Victim Impact Statements and Special Sex Offender Sentencing Alternative Evaluations May Be Disclosed   On September 27, 2012, the Supreme Court of Washington held that Victim Impact Statements …
Article • October 5, 2014
Filed under: Good Time, Pardons/Clemency
Iowa Governor’s Sentence Commutation Changes Good Time Rate by Iowa Governor’s Sentence Commutation Changes Good Time Rate   The Iowa Supreme Court has held that a governor’s commutation of sentence has a legal effect of changing the rate a prisoner may accumulate earned time from the date of commutation forward, …
Article • October 5, 2014
Filed under: Work Release, Sentencing
Pennsylvania Court Rules BOP Has Authority to Grant 6-months Halfway House by Derek Gilna Pennsylvania Court Rules BOP Has Authority to Grant 6-months Halfway House   by Derek Gilna   Normally, courts are hesitant to even consider cases involving the federal Bureau of Prisons (BOP) designating people to halfway houses, …
Article • October 5, 2014
Filed under: Appeals, Sentencing
Fifth Circuit Holds Law Settled During Appeal May Be Used As Clear Error by Fifth Circuit Holds Law Settled During Appeal May Be Used As Clear Error   The Fifth Circuit Court of Appeals held that law that becomes settled while an appeal is pending may be used as a …
SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules by SORNA Does Not Violate Ex Post Facto Clause, 11th Circuit Rules   The federal Sex Offender Registration and Notification Act (SORNA) is a civil and non-punitive regulatory scheme that does not violate the Ex Post Facto Clause, the …
Article • October 4, 2014
Filed under: Parole
Harsher Stance by Virginia Parole Board Fails to Demonstrate Actionable Claim by Harsher Stance by Virginia Parole Board Fails to Demonstrate Actionable Claim   The Fourth Circuit Court of Appeals held that eleven prisoners failed to allege facts demonstrating a plausible case to support that the Virginia Parole Board (the …
Article • October 3, 2014
Kansas Sentencing Law Creates Disparity for Old Law Prisoners by Kansas Sentencing Law Creates Disparity for Old Law Prisoners   Hundreds of Kansas prisoners who committed crimes prior to July 1, 1993 are serving sentences that would have been much shorter under current law. These “old law” prisoners are serving …
Exonerated Chicago Man Settles Lawsuit for $3.6 Million by Matthew Clarke Exonerated Chicago Man Settles Lawsuit for $3.6 Million   By Matthew Clarke   In January 2012, the City of Chicago settled a lawsuit against the city and five Chicago police officers brought by a man who was exonerated after …
Article • October 3, 2014
Tennessee Parole Officers Report that Parolees are Walking Dead by Tennessee Parole Officers Report that Parolees are Walking Dead   Either Tennessee's crawling with zombies, or the state's Board of Probation and Parole has been caught neglecting to monitor former offenders under community supervision.   According to an audit published …
Article • October 3, 2014
Private Probation Firms Costing Georgia Taxpayers by Private Probation Firms Costing Georgia Taxpayers   After several probation companies operating in Georgia were sued last year, a TV news investigation on private probation yielded some persuasive perspectives.   Some probationers explained to WSB-TV that private probation firms–which account for about 40% …
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