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Article • September 6, 2016
Iowa Gov. Schemes to Keep Juvenile Lifers in Prison After SCOTUS Ruling by When judges make provocative rulings, they're labeled "activists" by peeved politicians. But when those same politicians execute controversial decisions, they purport to be mere protectors of the public interest. In Iowa, Governor Terry Branstad has pitted himself …
Article • September 6, 2016
Supreme Court: No Warrantless Blood Tests for DUI Stops by The Supreme Court has held that warrantless breath tests may be conducted incident to arrests for drunk driving, but warrantless blood tests may not. The Court stated: Blood tests are a different matter. They “require piercing the skin” and extract …
Article • September 6, 2016
Filed under: PLRA
Supreme Court Ruling Addresses Three-judge Court in Non-prison Case by In a case involving the constitutionality of congressional apportionment, which requires a three-judge court, a district judge may not dismiss on the ground of failure to state a claim without convening a three-judge court. If the nature of the case …
Article • September 6, 2016
Supreme Court Rules on Retroactivity of Miller v. Alabama by The Supreme Court’s prior decision in Miller v. Alabama, holding that sentencing juveniles to life without parole violates the Cruel and Unusual Punishments Clause, is a substantive constitutional rule that must be applied retroactively on state collateral review (unlike a …
Article • September 6, 2016
Filed under: Attorney Fee Awards
Supreme Court: State Courts Must Adhere to Federal Rules as to Attorney Fee Awards under Sec. 1988 by In a state court § 1983 proceeding in which fees were awarded under § 1988, the state courts were bound to apply the Supreme Court’s interpretation of § 1988. Otherwise, as Justice …
Article • September 6, 2016
Supreme Court: Judges Who Were Significantly Involved in Cases as Prosecutors Must Recuse by There is a risk of bias that is impermissible under the Due Process Clause where the judge in a case previously had significant, personal involvement in a critical decision in the case while serving as prosecutor.  …
New Mexico Community Custody House Arrestees Used to Clean Private Land by Matthew Clarke An investigation by Albuquerque television station KRQE revealed that Bernalillo County house arrestees who were assigned to wash cars, pick up trash and pull weeds as part of their community service spent close to the same …
New Study Debunks Common Beliefs of Children of Incarcerated Parents by Christopher Zoukis by Christopher Zoukis A study released by the Institute for Municipal and Regional Policy, and in conjunction with the National Resource Center on Children and Families of the Incarcerated, debunks commonly cited statistics concerning children with incarcerated …
GEO Texas Immigration Facility Hit for Substandard Health Care and Understaffing by Derek Gilna GEO, the world's largest private prison company, has been cited by the United states Department of Justice (DOJ) Office of Inspector General (OIG) for overcharging the Bureau of Prisons for contract services, abusing prisoners with inadequate …
ACLU-Montana Report Paints Ugly Picture of County Jail Conditions by Understaffed. Underfunded. Unsafe. That's the assessment of Montana's jails by the state's chapter of the American Civil Liberties Union (ACLU), as published in a February 2015 report based on a statewide investigation of dozens of county lockups. "With over 1,000 …
State Audit Finds Problems at Texas Office of Violent Sex Offender Management by Matthew Clarke The Texas State Auditor's Office released an audit report on the Office of Violent Sex Offender Management (Office) in January 2015. The report listed many problems, including a lack of controls over the management of …
Report Finds Abuse of Blind, Deaf, Elderly and Disabled Texas Prisoners by Matthew Clarke The Prison Justice League (PJL), a group advocating prison reform in Texas, released a report entitled Cruel & Unusual Punishment: Excessive Use of Force at the Estelle Unit. The report found that blind, deaf, elderly and …
Parolees Violated Without New Charges Bloat Wisconsin Prison Population by Matthew Clarke Due to policies and practices which are costly to society and former parolees, well over half the 7,727 people sent to prison in Wisconsin in 2013 were imprisoned for parole rule violations without any new criminal charges. Those …
Article • September 6, 2016
New York Local Governments’ Sex Offender Residency Restrictions Invalid by Matthew Clarke On February 17, 2015, the New York Court of Appeals held that sex offender residency restrictions enacted by local governments were invalid because the state had already created a comprehensive and detailed regulatory scheme. Michael Diack was convicted …
Article • September 6, 2016
Man Detained in Dallas Jail without Trial Longer Than Maximum Sentence by Matthew Clarke A man who was arrested for criminal trespass spent 200 days in the Dallas County Jail awaiting a court date on a charge that carries a maximum of 180 days in jail. The 37-year-old unidentified man …
Article • September 6, 2016
Georgia Prison CERT Members Sentenced to Prison for Beating Prisoners by  A Georgia Federal District Court sentenced former members of a Correctional Emergency Response Team (CERT) at Macon State Prison (MSP) to serve prison time for their actions in beating prisoners and covering up the assaults with false reports. The …
Article • September 6, 2016
New York Dentist Sentenced to Jail for Upcoding Billing of Prisoner Care by An oral surgeon who had a contract to provide care to prisoners at 26 upstate New York prisons was sentenced to jail for stealing $14,000 from the state. Dr. Timothy O’Keefe was charged in May 2014 in …
Article • September 6, 2016
Federal Clemency Initiative Granting Relief At Slow Pace by Christopher Zoukis The Obama administration's "Clemency Initiative 2014," a highly-touted program designed to grant clemency to non-violent offenders and other federal prisoners, has yet to make a substantial impact on the exploding federal prison population. While some 16 percent of the …
Should Spend Less Violating Parolees, Probationers by A recent report argues that California's parolees and probationers are proportionally far less of the population arrested for new crimes and, thus, law-enforcement resources should target the overwhelming majority of offenders who aren't under community supervision. The study, released in 2013 by the …
Article • September 6, 2016
Nine Maryland Prison Guards Federally Indicted in 2008 Beatings by On Feb. 27, 2013, nine current and former prison guards at the Roxbury Correctional Institution (RCI) in Hagerstown, Maryland, were charged in a federal indictment accusing them of conspiring to assault a prisoner and then covering up the attacks. The …
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