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Article • December 15, 2011 • from PLN December, 2011
Oregon Rethinking Criminal Justice Policies to Avoid Fiscal Crisis by Oregon is one of ten states in “financial peril,” according to a November 2009 report by The Pew Center on the States. Thanks in large part to the state’s criminal justice policies of the last 20 years, Oregon faces an …
Anatomy of False Confessions, Redux by Earlier this year PLN reported on the phenomenon of suspects who falsely confess to crimes they did not commit. [See: PLN, April 2011, p.18]. As false confessions occur in wrongful conviction cases with disturbing regularity, this article revisits and expounds on this important topic …
Article • December 15, 2011 • from PLN December, 2011
Immigrants Have Special Sixth Amendment Rights But Limited Time to Enforce Them by Holly S. Cooper by Holly S. Cooper & Anel Carrasco In negotiating plea bargains for immigrants, many defense lawyers forget to focus on the primary goal for their clients – staying in the United States. While no …
Article • December 15, 2011 • from PLN December, 2011
Ohio County’s Intensive Probation Program Failing Miserably by Justin Miller A study has found that an intensive probation program in Hamilton County, Ohio is so unsuccessful that its participants are actually more likely to re-offend than those convicted of similar crimes who receive no supervision at all, according to the …
Article • December 15, 2011 • from PLN December, 2011
Texas State Bar, Exonerated Ex-Prisoners File Suit Against Attorney Over Fees by The State Bar of Texas has filed a lawsuit against Lubbock attorney Kevin Glasheen, alleging that he grossly overcharged clients in violation of the Bar’s Disciplinary Rules of Professional Conduct. Glasheen, who represents over a dozen exonerated former …
Article • December 15, 2011 • from PLN December, 2011
Filed under: Sentencing
Drug Courts Need an Intervention, Reports Say by Joe Watson Drug courts in the U.S. are increasingly like the people they purportedly aim to help – indulging their pathological tendencies with enabling self-talk that ignores the harsh reality of their failings. So argues the New York-based Drug Policy Alliance (DPA) …
$1 Million Settlement in Texas Wrongful Conviction Suit by On March 31, 2011, a man who had been falsely convicted of burglary, rape and sexual abuse accepted a $1 million settlement after being exonerated by DNA evidence. Donald Wayne Good filed a 42 U.S.C. § 1983 civil rights suit in …
New York’s Sex Offender Civil Commitment Program Proves Expensive, Problematic by Matthew Clarke by Matt Clarke At an annual cost of $175,000 per civilly-committed sex offender, New York’s civil commitment program is the second most expensive in the country (Washington state is first at a cost of $177,000 per prisoner). …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Parole
Washington Community Custody Violators Entitled to Time Served by The Washington State Court of Appeals has held that prisoners are entitled to credit for all time spent in custody on alleged community custody violations. On June 30, 2003, Anthony Bakari Louis Bovan was sentenced to 73.5 months in prison and …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Good Time
Second Circuit Holds BOP Correct in Not Granting Good Conduct Credits for Time Spent in State Custody by Brandon Sample On March 26, 2010, U.S. District Court Judge Richard J. Holwell granted a habeas corpus petition filed by a federal prisoner challenging the refusal of the federal Bureau of Prisons …
Article • November 15, 2011 • from PLN November, 2011
Does Less Punishment Mean Less Crime? by The fiscal crisis facing virtually all state governments has brought to the forefront of public debate the following question: When do longer prison sentences and harsher punishment become counter-productive? Has the clock finally run out after four decades during which politicians at all …
Article • November 15, 2011 • from PLN November, 2011
Iowa Supreme Court Rules That Sex Offender Treatment Program Requires Due Process Protections by The Iowa Supreme Court held in two companion cases that the Iowa Department of Corrections’ (IDOC) Sex Offender Treatment Program (SOTP) deprived prisoners of due process of law. Before 2001, Iowa prisoners “were eligible for a …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Good Time
California: New Postsentence Rehabilitation Credits Inapplicable to Sentences of Convicted Murderers by The California Court of Appeal held on June 22, 2010 that a new state statute, which authorizes postsentence credit against a determinate term of imprisonment for successful completion of approved rehabilitative programs, does not apply to an indeterminately …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Parole
Ninth Circuit Holds That Absconding Tolls Supervised Release for Federal Parolees by The time a released prisoner serves on supervised release is tolled when he or she absconds, the U.S. Court of Appeals for the Ninth Circuit held. Manuel Ignacio Juarez was deported following completion of his federal prison sentence …
Article • November 15, 2011 • from PLN November, 2011
Hawaii Ex-prisoner Awarded $83,000 for Being Held 83 Days Past Release Date by Former Hawaii prisoner Wade T. Itagaki, who was held at the Oahu Community Correctional Center in Honolulu for 83 days after his sentence expired on Sept. 5, 2006, was awarded $83,000 by a federal jury in February …
Article • November 15, 2011
Feds Can Collect DNA as a Condition of Bail, Ninth Circuit Decides by Brandon Sample By Brandon Sample Amendments to the Bail Reform Act requiring a defendant to consent to the collection of DNA before being granted bail do not offend the Fourth Amendment, the U.S. Court of Appeals for …
Sixth Circuit Upholds $2.5 Million Jury Award for Wrongly Convicted Women by Matthew Clarke By Matt Clarke On April 12,2011, the Sixth Circuit Court of Appeals issued an opinion upholding the $2.5 million jury award and $250-per-hour attorney-fees award to two women who were wrongly convicted of felonies. Kimberly Sykes …
Article • November 15, 2011
Former Michigan Prisoner Awarded $1.27 Million for False Arrest and Malicious Prosecution by A Michigan federal jury awarded a former prisoner $1.27 million in a malicious prosecution lawsuit. After she was robbed at gunpoint, Tevya Urquhart was arrested, found guilty and sentenced to prison. After her successful appeal, Urquhart filed …
Article • November 15, 2011
Filed under: Sentencing
Full Resentencing Not Required to Correct Error in Pretrial Credit Award by The Division III Court of Appeals for the State of Washington has affirmed a trial court’s ex parte modification of a defendant’s sentence that awarded him two additional days of pretrial credit. Waldo Emerson Waldron-Ramsey filed a personal …
Article • November 15, 2011
Filed under: Sentencing, Parole
U.S. Magistrate Rules New York Parole Policy Unconstitutional by by Derek Gilna In a U.S. Magistrate's report to U.S. District Judge George B. Daniels of the Southern District of N.Y., the New York State Division of Parole's (DOP) policy of computing parole violators' misdemeanor sentences was found to be unconstitutional. …
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