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Education for Persons in Detention—A Human Right by Jimmy Franks The positive correlation between increased education and lowered recidivism rates is a long-established fact. Even so, governments worldwide are not always willing or even able to insure that the men, women and children housed in various detention facilities are given …
Four Pennsylvania Jail Guards Fired, Two Resign Over Prisoner Beating by David Reutter by David M. Reutter Four Pennsylvania guards have been fired for beating a prisoner at the Westmoreland County Prison (WCP). The June 8, 2009 incident revealed a cover-up orchestrated by prison guards and their union leader. When …
New Trial Ordered After Evidence of Set-Up Excluded by The Court of Appeals for Missouri has ordered a new trial in a case where a former prisoner alleged that he was set up by police. In 1985, Oren Gamble was charged with burglary based on information provided by Larry McCoy. …
Article • January 15, 2010
Escapees Retain No Privacy Right From Searches by Prison escapees enjoy no Fourth Amendment right to privacy, the U.S. Court of Appeals for the Fifth Circuit decided February 26, 2009. Dan Ward was mistakenly released by state authorities after receiving a ten year sentence for being a felon-in-possession of a …
Article • January 15, 2010
No Appeal In Section 2255 Proceeding Until Defendant Is Resentenced by Federal courts of appeal lack jurisdiction to entertain appeals from the grant or denial of relief under 28 U.S.C. § 2255 until proceedings in the district court have been finalized, the U.S. Court of Appeals for the Third Circuit …
Supreme Court: No Due Process Right to Post-Conviction DNA Testing by On March 2, 2009, the United States Supreme Court ruled that there is no federal substantive due process right to post-conviction DNA testing. William G. Osborne, an Alaska state prisoner, was convicted of a 1993 kidnapping, assault and sexual …
The Crisis of Juvenile Prison Rape: A New Report by by David Kaiser and Lovisa Stannow When Troy Erik Isaac was first imprisoned in California, his cellmate made the introductions for both of them. “He said to me, ‘Your name is gonna be Baby Romeo, and I’m Big Romeo.’ He …
Article • December 15, 2009
Nursing homes with razor wire: Are elderly prisoners really a threat to public safety? by By David Fathi Sometime in the 1970s, the United States began a love affair with incarceration that continues to this day. After holding nearly steady for decades, our prison population began to climb as criminal …
Eighth Circuit Affirms Summary Judgment In FOIA Case by On April 29, 2009, the U.S. Court of Appeals for the Eighth Circuit affirmed a grant of summary judgment for the FBI in a Freedom of Information Act (FOIA) suit brought by Leonard Peltier. Peltier was convicted in 1977 of murdering …
Article • December 15, 2009
Washington Prisoner’s Privacy Rights Not Violated by Recording Jail Phone Calls by Division One of the Washington State Court of Appeals has held that recording a prisoner’s jail telephone conversations does not violate privacy interests under the Washington Constitution, article 1, section 7. Before the Court was the appeal of …
$16.5 Million-Plus Settlement in Oklahoma City False Conviction Case by Matthew Clarke by Matt Clarke On June 8, 2009, a federal district judge in Oklahoma City signed a judgment following the settlement of a suit awarding a man who spent 17 years in prison for a rape he did not …
Former Alabama Judge Acquitted of Paddling, Sexually Abusing Jail Prisoners by Mark Wilson On March 27, 2009, former Mobile County, Alabama Circuit Court Judge Herman Thomas was indicted on 57 charges for allegedly checking young male prisoners out of the Metro Jail, taking them to his office, and paddling them …
Ohio Prison Employees Involved in Improper Relationships, Drug Smuggling, Sexual Misconduct by Mark Wilson Four Ohio prison employees resigned or were fired amid an investigation into their improper relationships with prisoners, while in unrelated incidents four state prison guards were accused of sexual misconduct, smuggling drugs and soliciting bribes. The …
Private Prisons Don’t Make Better Prisoners by Andrew L. Spivak by Prof. Andrew L. Spivak The incarceration rate, which from the 1920s to the early 1970s hovered between about 100 to 120 state and federal prisoners per 100,000 Americans, has risen nearly fourfold. While the rate of increase has slowed …
California Pretrial Detainees Who Are Mentally Incompetent to Stand Trial Responsible for Treatment Costs by California’s Fifth District Court of Appeals has held “there is no equal-protection violation in the legislative determination that estates of individuals committed to state hospitals pursuant to Penal Code section 1368 as pretrial detainees may …
Florida Law Enforcement Officials on the Wrong Side of the Law by David Reutter by David M. Reutter “We’re a law-respecting, law-abiding community. ... We teach our children to respect and look up to men and women who wear badges, and that’s the way it oughta be,” said Florida state …
Article • December 15, 2009 • from PLN December, 2009
New Jersey DOC Report: Megan’s Law Costly and Ineffective by Matthew Clarke by Matt Clarke In December 2008, the New Jersey Department of Corrections (DOC) submitted a research report on the practical and monetary effects of Megan’s Law to the U.S. Department of Justice. The report concluded that Megan’s Law, …
Article • December 15, 2009 • from PLN December, 2009
Violence Against Blacks Decreases In The U.S. by Gary Hunter Violence against blacks in the U.S. has dropped dramatically over the last decade. The Bureau of Statistics for the U.S. Justice Department showed that, between 1993 and 2001, violent victimization of blacks decreased by nearly 57% and remained stable through …
Oklahoma Lawmen Charged with Sundry Crimes by Mark Wilson In separate incidents, five Oklahoma prison and jail guards have been charged with crimes ranging from contraband smuggling and assault to murder. Former Sequoyah County jail guard Jarrod Anthony Yates pleaded guilty on October 2, 2008 to violating the civil rights …
Prison, Jail and Law Enforcement Corruption Continues in Georgia by David Reutter by David M. Reutter As the number of people in prison and jail in Georgia has increased, so too has the number of corruption cases involving detention and police officials. One of every 13 Georgians are under the …
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