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Electronic Monitoring Becomes More Widespread, but Problems Persist by Derek Gilna by Derek Gilna, Christopher Zoukis The use of wearable electronic tracking devices for defendants and people on community supervision has risen sharply over the past decade. Cash-strapped municipalities like the reduced cost, which is much lower than a prison ...
Article • September 12, 2017
Arizona's No-Bail Constitutional Provision for Certain Sex Crimes Violates Federal Constitution, State Supreme Court Says by Lonnie Burton by Lonnie Burton On February 9, 2017, the Arizona Supreme Court struck down a state constitutional provision which barred bail in certain sex offense cases where the alleged victim was under 15 ...
First Circuit Orders Clarification of Conditions of Release for Sex Offender by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the First Circuit has ordered a lower court to clarify several conditions imposed upon a sex offender as part of his supervised release following a term ...
Article • June 30, 2017 • from PLN July, 2017
Supreme Court Voids North Carolina Law Barring Sex Offenders from Facebook by Derek Gilna by Derek Gilna In a unanimous decision, on June 19, 2017 the U.S. Supreme Court struck down a North Carolina statute that prohibits convicted sex offenders from accessing “a commercial social networking Web site where the ...
Article • June 30, 2017 • from PLN July, 2017
Local Sex Offender Residency Restrictions Challenged in Texas by Matthew Clarke by Matt Clarke In many U.S. cities, local ordinances prohibit registered sex offenders from living in certain areas – generally within 1,000 feet or more of schools, playgrounds and daycare centers. But when a city is just a few ...
Illinois High Court Upholds Sex Offender Requirements Struck Down in Other States by Lonnie Burton by Lonnie Burton On October 20, 2016, the Illinios Supreme Court declared constitutional a law that requires convicted sex offenders to report their email addresses, Internet identities and related online data to law enforcement officials. ...
J.M.M. v. County of Los Angeles, CA, Settlement, Assault on Juvenile, 2017 SETTLEMENT AND RELEASE AGREEMENT This SETILEMENT AND RELEASE AGREEMENT (hereinafter "AGREEMENT'') is made by and between Plaintiff (DOB: by and through his Guardian Ad Litem, Orlanda Cruz, an individual, and his agents, attorneys, parents, representatives, successors and assigns ...
Registration, Tracking of Sex Offenders Drives Mass Incarceration Numbers and Costs by Rick Anderson by Rick Anderson The September 1988 rape and murder of 29-year-old Diane Ballasiotes in Seattle, Washington, followed by the 1989 rape and sexual mutilation of a 7-year-old Tacoma boy, were the seedlings of today’s nationwide sex ...
Article • May 5, 2017 • from PLN May, 2017
Vigilantes Assault, Rob and Murder Registered Sex Offenders by Matthew Clarke by Matt Clarke As repeatedly reported in Prison Legal News, for over a decade registered sex offenders have been targeted by vigilantes and assaulted, robbed and murdered due to their past crimes. And as noted in this issue’s cover ...
Article • April 13, 2017
Study: Public Misperceptions About Sex Offenders Skew Policy-Making by Lonnie Burton by Lonnie Burton Public opinion toward crime is complex. Research shows that Americans strongly favor punitive measures to address criminal behavior while also demanding the rehabilitation and treatment of offenders. When it comes to sex offenses, it gets even ...
Article • March 10, 2017 • from PLN March, 2017
New Jersey Appellate Court Modifies Use of Polygraphs for Paroled Sex Offenders by On January 21, 2016, a New Jersey appellate court upheld the State Parole Board’s requirement that sex offenders take polygraph examinations but modified how the results could be used, prohibiting evidentiary use that could result in the ...
The Man Arrested for Praising Jesus by Andrew Cohen Lester Packingham’s Facebook post is headed for the Supreme Court By Andrew Cohen, The Marshall Project In “Case in Point,” Andrew Cohen examines a single case or character that sheds light on the criminal justice system. An audio version of Case in ...
Florida’s Civil Commitment Center a “Living Death Sentence” by David Reutter According to state officials, the Florida Civil Commitment Center (FCCC), which holds up to 720 residents billed as the worst sexual predators in the state, is necessary to ensure public safety. For Correct Care Recovery Solutions, a spin-off company ...
Article • February 8, 2017 • from PLN February, 2017
Fifth Circuit Holds Supervised Release Condition Restricting Dating Improper by On December 17, 2015, the Fifth Circuit Court of Appeals held that a blanket supervised release condition prohibiting a former prisoner from dating any adult with minor children was improper because it was not supported by a factual finding or ...
Article • November 15, 2016
Utah's Sex Offender Population Filling Up Prisons by Christopher Zoukis The State of Utah is starting to feel the strain from harsh sentencing laws targeting sex offenders that it passed in recent years. While most states are enjoying a decline in prison populations in the last decade, Utah's counts are ...
Challenge to Sex Offender Passport Identifier Dismissed by California Federal Court by Christopher Zoukis A challenge to the newly passed "International Megan's Law" has been tossed out of court by Judge Phyllis J. Hamilton of the United States District Court for the Northern District of California. The plaintiffs alleged that ...
Oregon “Incorrigible Masturbator’s” Life Sentence Unconstitutionally Disproportionate by Mark Wilson The Oregon Court of Appeals held on June 17, 2015 that a true life sentence for “an incorrigible masturbator” was an unconstitutionally disproportionate punishment – a decision subsequently upheld by the state Supreme Court. Under ORS 137.719(1), certain recidivist sex ...
Inquisitorial Telephonic Hearing to Screen Civil Rights Case Deemed Unlawful by In reversing an Illinois federal district court’s dismissal of a civilly committed sex offender’s civil rights action, the Seventh Circuit Court of Appeals did not mince words when condemning the lower court’s use of a merit review proceeding as ...
Indiana Federal Court Certifies Habeas Corpus Class of Prisoners Disciplined for Refusing to Admit Guilt in Sex Offender Program by Matthew Clarke On September 30, 2015, a U.S. district court certified a class of Indiana state prisoners who refused to admit their guilt as part of the Indiana Sex Offender ...
Texas Court of Criminal Appeals Upholds Conviction for Contacting Victim by Lonnie Burton On April 27, 2016, the Texas Court of Criminal Appeals upheld the conviction of a Texas state prisoner for Improper Contact with a Victim. David Schlittler was convicted of aggravated sexual assault of his five-year-old stepdaughter. He ...
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