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Article • June 15, 2012 • from PLN June, 2012
Ninth Circuit Holds No Due Process Right Created by California’s Parole Scheme by The Ninth Circuit Court of Appeals has decisively dismissed any lingering hopes that the federal courts might continue to review denials of parole to California prisoners, in order to determine whether such denials were supported by “some …
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 …
Mississippi Supreme Court Denies Equity Court Review of Death Penalty Cases by Derek Gilna By Derek Gilna The complaint of sixteen death-row inmates in Mississippi which sought Chancery Court review of the adequacy of their legal representation has been denied by the Mississippi Supreme Court for lack of jurisdiction based …
Estimating Gender Disparities in Federal Criminal Cases, Journal Article by Sonja Starr, 2012 LAW AND ECONOMICS RESEARCH PAPER SERIES PAPER NO. 12-018 AUGUST 2012 ESTIMATING GENER DISPARITIES IN FEDERAL CRIMINAL CASES SONJA B. STARR THE SOCIAL SCIENCE RESEARCH NETWORK ELECTRONIC PAPER COLLECTION: HTTP://SSRN.COM/ABSTRACT=2144002 FOR MORE INFORMATION ABOUT THE PROGRAM IN …
Publication • 2012
Filed under: Wrongful Imprisonment
FL Innocence Commission, FL, Final Report to the Supreme Court of Florida, 2012 F L O R I DA I N N O C E N C E C O M M I S S I O N FINAL REPORT TO THE SUPREME COURT OF FLORIDA J U NE 2 …
Article • May 15, 2012 • from PLN May, 2012
Filed under: Sentencing, Death Penalty
Research Finds Capital Punishment System in California is Costly, Ineffectual by A June 2011 law review article by Ninth Circuit Court of Appeals Senior Judge Arthur L. Alarcón and Loyola Law School Professor Paula M. Mitchell, Alarcón’s longtime law clerk, analyzes the costs to taxpayers of administering California’s capital punishment …
Article • May 15, 2012 • from PLN May, 2012
New York Not Liable for DOCS’ Unauthorized Addition of Post-Release Supervision by The New York Court of Appeals, the state’s highest court, has held that the state cannot be held liable for the Department of Correctional Services (DOCS) adding post-release supervision to prisoners’ sentences when such supervision had not been …
Article • May 15, 2012 • from PLN May, 2012
California Pilot Program Reduces Recidivism by A pilot program enacted by the California legislature in 2009 appears to be achieving its intended goal of reducing recidivism, according to a June 2011 report prepared by Dorothy Korber with the California Senate Office of Oversight and Outcomes. With three-year recidivism rates hovering …
Article • May 15, 2012 • from PLN May, 2012
Ninth Circuit Holds Hawaii Prison Officials Entitled to Qualified Immunity when Calculating Release Dates in Accordance with State Law by In an interlocutory appeal, the Ninth Circuit reversed a Hawaii district court’s denial of qualified immunity to prison officials who, in apparent conformity with Hawaii state law, treated a prisoner’s …
Civil Commitment Must be Challenged through Commitment Proceedings Instead of Habeas Corpus by Brandon Sample A federal prisoner challenging his or her civil commitment detention under the Adam Walsh Act (Act) as a “sexually dangerous person” may not resort to habeas corpus for such challenges, the U.S. Court of Appeals …
Article • May 15, 2012 • from PLN May, 2012
Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson Third Circuit: § 2241 is Proper Vehicle for BOP IFRP Challenges by Mark Wilson The Third Circuit Court of Appeals held on December 2, 2010 that a federal habeas corpus petition under 28 U.S.C. § 2241 …
Article • May 15, 2012 • from PLN May, 2012
California Appeals Court Holds Release from Prison Moots Challenge to Parole Denial by The California Court of Appeal, Third District, has held that release from prison moots a prisoner’s habeas corpus petition challenging an adverse decision by the Board of Parole Hearings (“Board”). Convicted of second-degree murder in 1984, Damian …
Article • May 15, 2012 • from PLN May, 2012
New Washington State Law Eliminates Tolling of Community Custody upon Violation by The Washington State Court of Appeals, Division Three, has ruled that a 2011 state law “eliminates tolling of the term of community custody while the offender is serving a sanction for violation of the conditions of that community …
Tennessee Discontinues Polygraph Tests as Sex Offender Supervision Tool by Legal concerns have led the Tennessee Board of Probation and Parole (BOPP) to order probation officers to discontinue the use of polygraphs, better known as lie detector tests, in their supervision of sex offenders. Polygraphs are to be used for …
DC Prisoner's False Imprisonment Claims Survive Summary Judgment by A federal court in the District of Columbia (DC) refused to dismiss a former prisoner's claims that she was improperly confined 149 days past her sentence expiration date. On December 15, 2005, Eloise Wormley was sentenced to 12 months in prison, …
Appeals Court Reverses Summary Judgment in Malicious Prosecution and Evidence Concealment Case against Boston Police Department by Derek Gilna By Derek Gilna In a well-reasoned opinion, the U.S. Court of Appeals for the First Circuit has permitted a Section 1983 action against the Boston Police Department (BPD) to continue. James …
Article • May 15, 2012
California Settles Former Parolee's Untreated HIV and Delayed Release Suit for $2,500 by Bradley G. Dreher was a California parolee when he learned that he was HIV-positive. He was seeking treatment, but was arrested and incarcerated for alleged parole violations before he could begin a treatment regimen. He remained in …
Article • May 15, 2012
Filed under: Sentencing, Parole
Illinois Supreme Court Upholds County Probation Departments' "Sanction" Alternative by Illinois Supreme Court Upholds County Probation Departments' "Sanction" Alternative In a consolidated appeal of cases from Cook County and Livingston County in the State of Illinois, the Illinois Supreme Court has recognized the power of a county probation department to …
Article • May 15, 2012
Discovery Sanction against New York City Sets Stage for Probable Damages Award in False Imprisonment Suit by Derek Gilna By Derek Gilna In a decision published on December 8, 2009, from an appeal of parts of an order of the Supreme Court, Queens County dated November 28, 2007, which denied …
Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action by Derek Gilna Former Puerto Rican Prisoner Wins Release but Loses § 1983 Action By Derek Gilna Angel Luis Feliciano-Hernandez, sentenced by a Puerto Rican court in 1981 to a "term of perpetual imprisonment for treatment" for a "record …
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