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California’s Broken Death Penalty System by Christopher Zoukis While California taxpayers have spent over $4 billion on capital punishment since it was reinstated in 1978, more than 900 prisoners have been sentenced to death but only 13 have been executed – an average cost of around $308 million per execution. …
Article • June 3, 2016 • from PLN June, 2016
Prisoner’s Deliberate Indifference Suit Over Tooth Abscess Reinstated by Seventh Circuit by Derek Gilna Lester Dobbey, confined at Illinois’ Stateville Correctional Center in 2011, sought treatment at the prison’s medical unit for severe tooth pain that was later determined to be an abscessed molar. When he arrived for a dental …
Benefits of Allowing Prisoners to Raise Babies Born in Prison by Matthew Clarke Programs that allow pregnant prisoners to keep their babies and raise them in prison appear to have benefits for both the babies and their mothers. According to a recent report, two-thirds of the over 200,000 women incarcerated …
Article • June 3, 2016 • from PLN June, 2016
Wrongful Death Suit Against Illinois Jail Survives Summary Judgment by Derek Gilna Richard J. Gonzalez, 30, was being held at a jail in Ford County, Illinois when his already precarious health took a turn for the worse. On the evening of May 18, 2012, Gonzalez was found on the floor …
Article • June 3, 2016 • from PLN June, 2016
Special Supervised Release Conditions Require Sufficient Findings by The Eighth Circuit Court of Appeals held on June 19, 2015 that an Iowa federal district court had abused its discretion in imposing a special condition of supervised release related to alcohol use. Before the appellate court was the appeal of Dennis …
Article • June 3, 2016 • from PLN June, 2016
“Scared Straight” Programs are Counterproductive by Derek Gilna The Pew Charitable Trusts, a non-profit, non-governmental organization, recently reported on the mixed results of “Scared Straight” programs, which are intended to deter juveniles with a history of bad behavior from entering the criminal justice system by having them visit prisons or …
Custodial Interrogation of Parolee Requires Miranda Warnings by The Pennsylvania Supreme Court held that a parolee subjected to custodial interrogation by parole agents concerning new crimes is entitled to receive Miranda warnings. Under the facts of this case, the court found the parolee’s incriminating statements should be suppressed. Nathan Cooley …
Article • June 3, 2016 • from PLN June, 2016
A Prison Telecom in Sheep’s Clothing by Carrie Wilkinson On April 6, 2016, FCC Commissioner Ajit Pai conducted a Field Hearing in Columbia, South Carolina on the subject of contraband cell phones in prisons and jails. The panel did not address questions submitted prior to the hearing by the Human …
Article • June 3, 2016 • from PLN June, 2016
Wrongfully Convicted Former Prisoner Commits Suicide by Anti-death penalty advocate Darryl Hunt, who was wrongfully convicted and served almost 20 years in North Carolina prisons before being exonerated in 2004, was found dead on March 13, 2016 in a car near the Wake Forest University campus. Police officials revealed that …
Article • June 3, 2016 • from PLN June, 2016
Lifesaving Overdose Treatment Slowly Becoming Available to Released Prisoners by Christopher Zoukis Statistics show, and experts agree, that the United States is in the midst of an epidemic of opioid abuse. According to the Centers for Disease Control, opioid overdoses have quadrupled since 2000, with 28,648 deaths in 2014 alone …
Article • June 3, 2016 • from PLN June, 2016
California State Prisoner’s Habeas Case Gets to Supreme Court but Falls Short by Derek Gilna Antonio Hinojosa, serving a 16-year sentence in California’s prison system, was deemed a “validated” gang member by prison officials, effectively stripping him of future good-time credits and extending the length of his sentence. He filed …
Company Owes Nevada Prison Industries $428,000 by Bob Sloan Nevada’s state-run prison industry program, Silver State Industries, came under attack from citizens and business owners in 2014. One criticism of the program involved the loss of jobs to non-incarcerated workers and fewer jobs available to the unemployed. Another complaint was …
Article • June 3, 2016 • from PLN June, 2016
Advocates Leery of Cell Phones Given to Undocumented Immigrants by Derek Gilna Immigration rights advocates are suspicious of a new government-funded program administered by GEO Care – a division of the GEO Group, one of the nation’s largest for-profit prison companies – that supplies cell phones to low-risk undocumented immigrants. …
Article • June 3, 2016 • from PLN June, 2016
U.S. Department of Education Offers Second Chance Pell Pilot Program by Christopher Zoukis On July 31, 2015, the U.S. Department of Education (DOE) announced a new pilot program that will provide federal funding to colleges to provide classes at select prisons. The Second Chance Pell Pilot Program will help prisoners …
Article • June 3, 2016 • from PLN June, 2016
Filed under: Sentencing
U.S. Supreme Court Holds Prior ACCA Ruling Retroactive by Derek Gilna In a term with relatively few major criminal cases on its docket, the U.S. Supreme Court held that its previous decision in Johnson v. United States will have retroactive application on petitions for collateral review. In Johnson, the Court …
Article • June 3, 2016 • from PLN June, 2016
UK Supreme Court Rules Against Unlawful Use of Solitary Confinement by Christopher Zoukis On July 29, 2015, the United Kingdom’s Supreme Court unanimously ruled against prison officials in an action brought by prisoners Kamal Bourgass and Tanvir Hussain concerning their prolonged solitary confinement. According to British laws related to solitary, …
Article • June 3, 2016 • from PLN June, 2016
Penal Servitude: A Reminder about the U.S. Constitution’s 13th Amendment Exclusion Clause by by Charles Sullivan and Barbara Koeppel The U.S. Congress banned slavery in America 150 years ago on December 18, 1865 when the 13th Amendment became the law of the land (after a 250-year run). But it didn’t, …
Article • June 3, 2016 • from PLN June, 2016
Colombia: At Least 100 Dismembered Bodies Found in Prison Sewers by Special prosecutor Caterina Heyck Puyana announced at a press conference on February 18, 2016 that the Colombian Attorney General’s office was investigating the disappearance of at least 100 people between 1999 and 2001 whose bodies were allegedly dismembered and …
Louisiana Parish Saddled With Large Jail, Large Costs by Matthew Clarke Before he pleaded guilty to taking bribes and illegally spending around $150,000 of his campaign money, resulting in a 46-month federal prison sentence in 2013, former Plaquemines Parish, Louisiana Sheriff Jiff Hingle may have started his parish on a …
Disputed PLRA Administrative Exhaustion Issues Properly Resolved in Bench Trial by The Sixth Circuit Court of Appeals held on June 18, 2015 that disputed issues of fact regarding exhaustion under the PLRA may be resolved in a bench trial. The appellate court also found the plaintiff had failed to exhaust …
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