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Brief • June 28, 2013
Doe v. New Hampshire, SJ Order, Ex Post Facto Sex Offender Registry, 2013 MERRIMACK, SS SUPERIOR COURT John Doe v. State of New Hampshire NO.ll-CV- 6 5 2 ORDER The Petitioner, John Doe, seeks an Order from the Court declaring the Registration of Criminal Offenders Act (the "Act"), RSA 651-B, …
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 …
Article • June 15, 2013 • from PLN June, 2013
Charting a New Justice Reinvestment by Nicole D. Porter by Nicole D. Porter, The Sentencing Project For more than forty years, the correctional system has been dominated by growth. In 1969, the crime rate was 3,680 per 100,000 population and the incarceration rate was 97 state and federal prisoners per …
Article • June 15, 2013 • from PLN June, 2013
Reprieved Oregon Prisoner Wages Legal Fight to be Executed by As previously reported in PLN, on November 22, 2011, Oregon Governor John Kitzhaber imposed a moratorium on the death penalty for the remainder of his term in office. In doing so he canceled the scheduled execution of Gary Haugen, 50, …
Article • June 15, 2013 • from PLN June, 2013
Eighth Circuit: Heck Bars False Imprisonment Claim by In an April 19, 2012 decision, the Eighth Circuit Court of Appeals agreed with a federal district court that Heck v. Humphrey, 512 U.S. 477 (1994) [PLN, Sept. 1994, p.12] barred a Minnesota prisoner's claim that prison officials unlawfully confined him for …
Article • June 15, 2013 • from PLN June, 2013
Survey Finds Disturbing Trends in Childhood Violence, Racial Dynamics for Juvenile Lifers by An overwhelming majority of prisoners serving life sentences without parole for crimes committed as juveniles were exposed to domestic violence and lived in poverty, while significant numbers failed in school, were influenced by friends in trouble with …
Article • June 15, 2013 • from PLN June, 2013
Filed under: Sentencing, Parole
Tennessee Supreme Court: No Separate Parole Dates for Consecutive Sentences by Matthew T. Clarke by Matt Clarke On May 25, 2012, the Supreme Court of Tennessee held that prisoners with consecutive sentences are not entitled to separate parole eligibility dates for each sentence. The Court also clarified that a prisoner …
Brief • June 14, 2013
Wilson v. Winges Yanez, OR, Mtn. for Prelim. Injunct., Sex Offender Parole Conditions, 2013 Case 3:13-cv-00740-KI Document 15 Filed 06/14/13 Page 1 of 14 Page ID#: 54 Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oak Street Suite 400 Portland, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attorney for Plaintiff …
Brief • June 7, 2013
Davis and Northrop v. Clark County, WA, Amended Complaint, Wrongful Incarceration, 2013 Case 3:12-cv-05765-RJB Document 22 Filed 06/07/13 Page 1 of 24 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 LARRY DAVIS individually, and ALAN NORTHROP individually, v. 11 …
Publication • 2013
A Lifetime of Punishment (Report on Drug Convictions and Welfare Benefits) The Sentencing Project 2013 A LIFETIME OF PUNISHMENT: THE IMPACT OF THE FELONY DRUG BAN ON WELFARE BENEFITS For more information, contact: The Sentencing Project 1705 DeSales Street NW 8th Floor Washington, D.C. 20036 This report was written by …
Publication • 2013
Police Misconduct as a Cause of Wrongful Convictions Russell Covey Wash. L. Rev. 2013 POLICE MISCONDUCT AS A CAUSE OF WRONGFUL CONVICTIONS RUSSELL COVEY ABSTRACT This study gathers data from two mass exonerations resulting from major police scandals, one involving the Rampart division of the L.A.P.D., and the other occurring …
Publication • 2013
Federal Sentencing Reporter - Insight Into California's Life Sentences, 2013 Insight into California’s Life Sentences I. Introduction Although the unique characteristics of most ‘‘rehabilitative’’ systems of criminal punishment vary greatly, a central component is often an indeterminate sentence with the possibility of parole. In California, these decisions are made by …
Publication • 2013
Innocent Defendant's Delimma-Plea Bargining, J of Crim Law & Criminology, 2013 Journal of Criminal Law and Criminology Volume 103 | Issue 1 Article 1 Winter 2013 The Innocent Defendant's Dilemma: An Innovative Empirical Study of Plea Bargaining's Innocence Problem Lucian E. Dervan Vanessa A. Edkins Ph.D. Follow this and additional …
Mandatory Lifetime Monitoring a Direct Consequence of Sex Offense Plea Bargain in Michigan by The Michigan Supreme Court has held that mandatory lifetime electronic monitoring is a direct consequence of a plea to first-degree criminal sexual conduct or second-degree criminal sexual conduct. As such, when a defendant enters a guilty …
Article • May 15, 2013 • from PLN May, 2013
Virginia Prisoner Pardoned After Accuser Admits She Lied by Everyone in Virginia's criminal justice system knew that Johnathan Christopher Montgomery was innocent of the crimes for which he’d been convicted. His accuser had recanted her testimony and admitted she lied to police about being molested by Montgomery more than a …
Article • May 15, 2013 • from PLN May, 2013
Iowa Sex Offender Special Sentence Provisions Interpreted: Time-Served Credit, but Not Earned-Time, Reduces Revocation Term by The Iowa Supreme Court held on May 4, 2012 that earned-time credit for good behavior accelerates the completion of a ten-year special sentence but does not reduce a release revocation term. The Court further …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Sentencing, Parole
California: Parole Placement of Serial Killer’s Accomplice in Remote County Upheld by On March 13, 2012, the California Court of Appeal upheld a decision by the California Department of Corrections and Rehabilitation (CDCR) to place Loren Herzog, a high-profile offender who had been paroled, in a remote county rather than …
Article • May 15, 2013 • from PLN May, 2013
Filed under: Sentencing, Parole
California: Lifer Entitled to Credit for Time Served Following Governor’s Erroneous Veto of Parole Grant by Vacating an earlier ruling, on June 29, 2012 the California Court of Appeal, Sixth District, held that while a life-sentenced prisoner is entitled to credit for time served following the governor’s erroneous veto of …
Oregon Parole Board’s Notice-of-Rights Form Violates APA by On June 6, 2012, the Oregon Court of Appeals agreed that a notice-of-rights form (NOR) used by the Oregon Board of Parole and Post-Prison Supervision (Board) constitutes a rule. Since the NOR was not adopted in accordance with the rulemaking procedures of …
Article • May 15, 2013
Ex-prisoners' Petition for Restoration of Firearm Rights Denial Reversed by On September 14, 2012, Supreme Court of Virginia considered two separately granted and briefed appeals as one because they represented the same question of law. Scott A. Gallagher and George Junior Vanover had both received orders from the governor's office …
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