Federal: Detained immigrants can sue over forced labor
Detained immigrants received a favorable judgment from a federal appeals court in June regarding labor practices during detention. The Ninth U.S. Circuit Court ruled the detainees can move forward with a suit against a major operator of private prisons for forcing them to perform manual labor for little or no pay, in violation of the U.S. Immigration and Customs Enforcement’s policies, … [Read More...]
Call for repeal of state’s Three Strikes law
California needs to repeal the Three Strikes Law, which has lengthened sentences of more than 33,000 people, including more than 7,400 whose latest conviction was neither serious nor violent, according to an op-ed article in the Los Angeles Times. The authors maintained the best solution is to repeal the law because “keeping people in prison for longer periods has not made us safer.” Adding, … [Read More...]
Ruling: Prosecutors required to follow Three Strikes law
Prosecutors must charge defendants with sentence-lengthening "three-strikes” enhancements, even if they oppose the state’s three strikes law, a California appeals court ruled in June, the San Francisco Chronicle reports. In the 3-0 ruling, Justice John Segal said that California’s 1994 three strikes law “shall be applied in every case” in which a defendant has a past conviction for a serious or … [Read More...]
2020 Racial Justice Act made retroactive
A new California law allows people to retroactively challenge their criminal convictions or sentences on the basis of racial discrimination. The Racial Justice Act for All — Assembly Bill (AB) 256 — was sponsored by Assem-bly Member Ash Kalra (D-San Jose) and has been signed by Gov. Gavin Newsom. It takes effect Jan. 1, 2023.This bill comes on the heels of the original Racial Justice Act — AB … [Read More...]
San Francisco Innocence Commission to continue under new prosecutor
Newly appointed District Attorney Brooke Jenkins says she will retain the San Francisco Innocence Commission created by recalled DA Chesa Boudin. “I am committed to continuing and supporting the work of the Innocence Commission to ensure that we help free any innocent individuals who may have been wrongfully convicted,” Jenkins said. Boudin created the commission, which is a post-conviction … [Read More...]
NATIONAL: Alliance for Justice report shows disconnect between federal judges, population
Federal appeals court justices overwhelmingly represent the wealthy and powerful interests, a liberal advocacy group maintains. “We have created a justice system where working people are far more likely to sit before a judge with experience union-busting or block-ing consumer protections than someone with experience representing people like them,” said Alliance for Justice President Rakim H. … [Read More...]
NC judges overturn outdated law prohibiting parolees from voting
Thousands of North Carolina parolees and probationers may regain their right to vote because of a decision by a split panel of trial judges. If upheld, the decision would restore voting rights to as many as 56,000 people, reported The Associated Press. The panel cited unconstitutional discrimination against Black voters among the reasons for the majority decision. North Carolina … [Read More...]
CA Sentencing Reform Act aims to rewrite ‘special circumstances’ rules
Jamil Wilson was barely 20 years old when he found himself entangled in a murder conspiracy that changed his life forever. Wilson met with friends to celebrate his birthday on that fateful night in 1994. But what he didn’t know was that some of his friends had plans to kill one of their mothers, he said according to a July 29 Los Angeles Times article. Since he was at the scene of … [Read More...]
Reformed prisoner awaits clemency hearing after 50 years in prison
After serving more than a half of century in a Massachusetts prison for first-degree murder, Ramadan Shabazz, aka James Hall, could soon be granted clemency. A parole board could soon reduce his charges to second-degree murder, which would make him eligible for parole, wrote Adrian Walker in the Boston Globe. “I really believe that clemency is so important and plays such an important role … [Read More...]
EMMET TILL: Woman won’t face charges in 1955 race murder
By Clark Gerhartsreiter, Contributing Writer Carolyn Bryant Donham was 21 years old when Emmett Till, 14, was murdered in Leflore County, Mississippi. The woman claimed that Till whistled at her and touched her. Her allegations were linked to the murder of Till on August 28, 1955. Now, 67 years later, questions have arisen anew as to whether justice was ever served. A Leflore grand … [Read More...]
Cash bail ruling settled
Detroit has reformed its cash bail policy allowing many low-income individuals to be released from pre-trial detention if they are not a danger to the community, according to a CNN report. The change came due to the settlement of a lawsuit filed by ACLU of Michigan, The Bail Project, NAACP Legal Defense and Educational Fund, and the Covington & Burling LLP law firm with Michigan’s 36th … [Read More...]
Settlement reached in prisoner’s death
A $10 million settlement has been reached in a federal lawsuit against CoreCivic, a private prison operator, for the recent death of a man who was assaulted by his cellmate, according to The Associated Press. The lawsuit was filed by attorney Daniel Horwitz who represents the mother of the man killed in February 2021 at CoreCivic’s Trousdale Turner Correctional Center in Nashville, … [Read More...]
Ruling: Prosecutorial misconduct can be made public
A federal court sided with a group of New York law professors who had sued for their First Amendment right to create a public record of complaints filed against district attorneys, The New York Times reported July 22. While some parts of the ruling are under appeal, the professors continue to post complaints publically. At least 17 New York City prosecutors drew the attention of the … [Read More...]
Jenkins to reverse Boudin-era reforms
The shakeup of the San Francisco District Attorney’s Office earlier this summer has opened rifts in the local criminal justice community and made the future of justice reform less certain, as the City’s new prosecutor announced plans to undo numerous policies of former DA Chesa Boudin. Following June’s special election recall of Boudin, Mayor London Breed announced the appointment of Brooke … [Read More...]
Marshall Project examines jurisdictional overlap in criminalization of abortion
The Supreme Court’s recent controversial decision on abortion has opened the way for a confusing future in American jurisprudence, predicted a report by The Marshall Project, a leading criminal justice reporting organization. There is not a single “criminal justice system” in the United States, but instead there is an amalgamation of municipal, county, state and federal legal systems that … [Read More...]
Newsom nominee could be state’s first Latina chief justice
By Clark GerhartsreiterContributing Writer On August 10, California Gov. Gavin Newsom, in a historic move, nominated Patricia Guerrero to be the first Latina chief justice of the California Supreme Court. Guerrero, 50, would replace Chief Justice Tani Cantil-Sakauye for a term of 12 years once Cantil-Sakauye steps down in January, according to The Associated Press. A Wikipedia … [Read More...]
Mandela Act could restrict solitary confinement in California prisons
California Gov. Gavin Newsom has an opportunity to sign a bill into law that would end solitary confinement in all of the state’s lockups for pregnant women, for persons with recognized disabilities, and for those younger than 25 or older than 59. AB 2632, also known as The California Mandela Act, is authored by Assemblyman Chris Holden (D-Pasadena). The bill would prohibit keeping people in … [Read More...]
Involuntary servitude amendments face uphill battle
In 2018, Colorado was the first state to amend its constitution to abolish all forms of slavery and involuntary servitude—and did so without its prison system collapsing. However, the California Senate has refused to support a similar measure, arguing the state’s prisons would collapse and they’d have to pay prisoners minimum wage. “Banning the work requirement in our prisons would undermine … [Read More...]
Lompoc Covid suit settled
Federal prisoners who filed a class action lawsuit requesting releases due to COVID-19, have reached a settlement agreement with the Bureau of Prisons (BOP), according to the Santa Maria Times. Shawn Fears, Andre Brown, Yonnedil Torres, Vincent Reed and Felix Garcia, filed suit on behalf of themselves and 2,700 other prisoners at Lompoc Federal Correctional Complex. The suit was filed with … [Read More...]
Susanville – Injunction temporarily halts closure of California Correctional Center
Employees at the California Correctional Center (CCC) in Susanville will need to find new jobs by June 2023, according to an article in the Sacramento Bee. Gov. Gavin Newsom first announced the closure of CCC in April 2021. By August, the citizens of Susanville filed for a preliminary injunction citing a violation of California’s Environmental Quality Act and the California Penal Code. … [Read More...]
Prisoners released under federal CARES Act returned to prison
The U.S. 2020 Federal Cares Act, (FCA) authorized the release of incarcerated individuals to home confinement to help lower the spread of COVID-19 within the prison system, Reuters reports. Of the 10,000 people released, 406 violated the terms of their release and were returned to prison. There were a variety of reasons for people violating the terms of their release, but the majority fit … [Read More...]
No immunity for CDCR in SQ outbreak suit
Federal judge denies officials’ bid for protection under PREP Act following deadly wave of Covid infections in 2020; prisoners’ lawsuits allowed to move forward A federal judge has refused to dismiss a handful of lawsuits by San Quentin (SQ) residents, saying that prison staff and executives orchestrated a prisoner transfer that caused a deadly COVID outbreak at the prison in 2020, according to … [Read More...]
FEDERAL BUREAU OF PRISONS – Widespread negligence in BOP exposed
An Associated Press investigation has disclosed widespread sexual abuse, criminal misconduct, staffing shortages, prisoner escapes, neglect and leadership failures in the Federal Bureau of Prisons, The resulting stories grabbed the attention of federal legislators. A May 5 AP story reported, “Sen. Jon Ossoff, D-Ga., introduced legislation that would require the Bureau of Prisons to fix … [Read More...]
Congress reexamines crack vs cocaine laws
Congress is again considering eliminating the disparity between crack cocaine and powder cocaine penalties that has disproportionately impacted Black defendants. The bill passed the House last September with bipartisan support and would apply retroactively if it makes it through the Senate. It is tagged the EQUAL Act, short for Eliminating a Quantifiably Unjust Application of the … [Read More...]
Former SF prosecutor’s diversion program policies criticized
Under Chesa Boudin, the San Francisco District Attorney’s Office resolved an increasing number of criminal cases through diversion programs, according to an analysis of data by the San Francisco Chronicle. The analysis revealed that the most common types of cases accounting for the increase in diversions were petty theft, misdemeanor assault and battery, and driving under the influence. … [Read More...]
Advocates push releases for FCI Dublin abuse victims
Advocates for women who were sexually abused in a federal prison in Northern California are requesting compassionate release for the victims, The Associated Press reports. The women are inmates in the federal Bureau of Prisons’ women’s facility in Dublin, nicknamed the “Rape Club” by many who are familiar with it. The request to the Justice Department came from criminal justice … [Read More...]
Incarcerated women face new post-Roe challenges
In the already high-risk prison environment, incarcerated pregnant women are facing new challenges in the wake of the Supreme Court’s Roe v. Wade reversal, according to The Hill. It was difficult even before the High Court’s new ruling for incarcerated women to access basic and essential healthcare items, including menstrual products, not to speak of reproductive care or … [Read More...]
El grupo legal Jailhouse Lawyer 360 pierde su licencia por estafa a prisioneros
Ex-Recluso Estafador Cientos de reclusos en las prisiones estatales de California fueron estafados por un ex convicto quien después de terminar con su libertad condicional, representaba ilegalmente a los prisioneros en sus apelaciones, reportó Life Support Alliance (LSA por sus siglas en ingles) en su boletín de febrero 2022. Anthony David Urbano, fundador del Jailhouse Lawyer 360, se … [Read More...]
Cal-OSHA unable to enforce citations, fines
San Quentin Prison has not paid a big fine for numerous COVID violations and serious violations have not been abated, the Sacramento Bee reported March 17, 2022. The violations are detailed in a 33-page July 2020 report by Cal-OSHA that includes a $396,000 fine, as yet unpaid, the newspaper reported. Sixteen California prisons have been reported as having serious violations pending … [Read More...]
Federal Advisory Commission Inactive
The commission that advises the federal judiciary on criminal justice changes has been inactive for at least three years, the Wall Street Journal reports. The seven-member body has only one confirmed member, meaning it has been unable to function for at least three years, the Journal noted in a March 16 story. “Science and evidence has come forward suggesting that lengthy sentences do not … [Read More...]
J&J study injected prisoners with asbestos
Pharmaceutical giant Johnson & Johnson has apologized for funding a study that injected incarcerated people with cancer-causing asbestos, according to Fierce Pharma. In 1971 a J&J study injected 10 incarcerated men with asbestos, a key ingredient in their baby powder, said the March 8 article. The testing involved mostly Black prisoners. “This is some pretty horrific stuff, and the … [Read More...]
California Supreme Court rules on early release for violent offenders
The California Supreme Court has ruled that correctional officials don’t have to consider early release for violent felons, even if their primary offense is nonviolent. The high court ruled that corrections officials acted properly in drafting regulations that exclude from early parole consideration any prisoner who is currently serving a term of incarceration for a violent felony. “In … [Read More...]
Judge orders collection of race data
A judge has ordered prosecutors to provide the defense with information about the race of defendants and victims in murder cases. Superior Court Judge Tim P. Kam said the defense must prove Lorenzo Mateo Cortez, was charged with a more serious offense than persons of other ethnicity. Cortez, 26, “was born to a Black mother and a Latino father,” the defense noted. The defense seeks Solano … [Read More...]
Justice reformers ‘energized’ by confirmation of Brown Jackson
Ketanji Brown Jackson will be the first former public defender and the first Black woman on the U.S. Supreme Court. Her confirmation marks the first time White males will be a minority on the bench. Supreme Court Justice Thurgood Marshall was the last person who was a defense attorney before joining the highest court in the land. According to The Hill, Brown Jackson’s appointment “has energized … [Read More...]
Federal judge allows sweeping collection of location data
A federal judge has ruled law enforcement investigators can obtain location data on all cell phones within a reasonable range of a crime. The ruling upheld geofence warrants requested by law enforcement to start and expand searches of location information gathered by Google that documents customers’ data for a specific, concentrated area. The warrants are typically generated where a … [Read More...]
Fifth prison worker arrested
A fifth employee has been charged with sexually abusing inmates in a federal women’s prison where a former warden is also facing such charges, The Associated Press reports. Food service worker Enrique Chavez faces two counts of abusive sexual contact, which carries a maximum punishment of up to two years in prison. Prosecutors say more arrests are expected, the March 23 story … [Read More...]
San Francisco’s Innocence Commission wins first exoneration for wrongful conviction
A San Francisco man’s murder conviction was overturned after 32 years of claiming his innocence, according to the San Francisco Chronicle. Joaquin Ciria was arrested for murder on March 25, 1990. For more than three decades, he insisted he did not commit the crime. Ciria held his ground during successive parole hearings, denying his involvement and assumed guilt in the crime. Because of … [Read More...]
Visible restraints violate right to fair trial-MICHIGAN
The Supreme Court overturns a federal appeals court decision ordering a Michigan state court to retry or release a convicted murderer because his rights were violated by being shackled during his trial. The 6-3 decision said the appellate justices should have applied two different tests to decide if a release or retrial was indicated. according The Associated Press. A state court had agreed … [Read More...]
High Court lowers bar for ‘malicious prosecution’ lawsuits
People who sue law enforcement for malicious prosecution after they are falsely accused of a crime have a better chance in court as the Supreme Court removes a stumbling block with a 6-3 vote, The Associated Press reported. The decision rejected a higher bar that said the person had to show their case ended because they were found innocent. Instead, they must only prove that the case brought … [Read More...]
Prosecutors sue to block 1,000 commutations – OREGON
Oregon Gov. Kate Brown is being sued for allegedly unlawfully freeing almost 1,000 prisoners. Two district attorneys and victim families claim Brown violated the clemency procedures requiring her to notify the victims. Plaintiffs include Lane County District Attorney Patricia Perlow and Linn County District Attorney Doug Marteeny. Their lawsuit also seeks to stop convicted minors … [Read More...]
‘Civil Death’ doctrine ruled unconstitutional, RHODE ISLAND
The Rhode Island Supreme Court has thrown out an old law that says anyone serving a life sentence has no civil rights. The 1909 law said such people have a “Civil Death,” which meant they were considered dead “with respect to property rights, the bond of matrimony and other civil rights.” The state court ruled 4-1 that the archaic law was unconstitutional. “Today’s … [Read More...]
Bail reform not to blame for increased crime-NEW YORK
New York rolled back cash bail for criminal defendants two years ago, and a new report says that has not increased recidivism, The Associated Press reports. “Bail reform has been widely successful allowing our clients to stay in their communities with their families with no measureable impact on public safety,” said Marie Ndiaye, of the Legal Aid Society’s Decarceration Project. “The data on … [Read More...]
The Genesis Program helps prisoners leave the past behind
By Helaine Melnitzer, Contributor Most of us never bother to reflect upon the value of having an identification card or birth certificate. We board planes, open bank accounts, and apply for a job or general assistance. But the majority of California prison inmates who have completed their sentence and are ready to re-enter society are released with nothing but the same prison card used during … [Read More...]
High Court overturns ‘career criminal’ case from Georgia
The U.S. Supreme Court unanimously determined that a Georgia court had mistakenly applied the Armed Career Criminal Act (ACCA) to a defendant, resulting in an overly harsh sentence. William Dale Wooden received a 16-year sentence for possession of a firearm — an offense that normally carries about one year, according to The Hill. The harsh sentence was imposed based on a mistaken … [Read More...]
Department of Corrections settles prisoners’ disability lawsuit
VERMONT A number of current and former Vermont prisoners with disabilities will receive $80,000 in compensation under a recent settlement, The Associated Press reports. The settlement between the U.S. Department of Justice and the Vermont Department of Corrections stems from a federal investigation into claims that Vermont didn’t provide accessible facilities for those with mobility and … [Read More...]
Freed by childhood friend
MARYLAND “You’re going home today,” the judge told Sura Sohna, culminating a lengthy crusade by the prisoner’s childhood buddy. The courtroom erupted in joy, thanks to the work of Brandon Harris, a 22-year-old college student. Sohna and Harris embraced in a tearful hug. “Being in that moment was completely surreal,” said Harris. Harris started the independent study … [Read More...]
Report finds 1,600 prisoners punished, isolated on faulty drug evidence
NEW YORK Faulty drug tests caused more than 1,600 New York prisoners to be locked in solitary confinement, denied family visits, and delayed parole hearings, the state inspector general reports “This stands as a heart-breaking example of how the absence of transparency can undermine due process and basic human rights,” said Inspector General Lucy Lang. These tests showed … [Read More...]
9th Circuit nominee grilled by Republican senators
Last year, U.S. Circuit Court of Appeals nominee Gabriel Sanchez was grilled by Republican U.S. Senators for his role in the passage of California’s Proposition 57 in 2016. Sanchez, who has since been appointed to the Ninth Circuit Court, helped pass the measure that allowed for early parole of prisoners, according to a Reuters article. “In the governor’s view, that was the safer way to … [Read More...]
Report targets mandatory minimums, jury diversity
On page 13 of our April edition, we ran a story under the headline “Report targets mandatory minimums, jury diversity.” In the story, we said that “California’s passage of Assembly Bill 1245 in April 2021 allows individuals who have served at least 15 years to file petitions directly to the court for reduction of their sentences.” That statement is not correct. California did not pass Assembly … [Read More...]
JUSTICE REFORM PRIORITIZED IN 2022
Panel takes aim at California’s LWOP, Three Strikes Law A state commission is recommending ambitious changes to California’s criminal justice system, including revisions to the Three Strikes Law and life-without-parole sentences, and ending capital punishment. The seven-member panel of lawmakers, former judges and criminal justice experts has been laboring under the task of unraveling … [Read More...]
‘Black’ dialects stymie stenographers
Courtroom reporters sometimes incorrectly transcribe Black dialect, potentially distorting the official record in criminal cases, according to The New York Times. “The larger implication is that people are not being afforded a sense of fairness and justice because the system is not responding to their language,” said Anthony L. Ricco, a New York criminal defense attorney. The story … [Read More...]
Federal women’s facility plagued by allegations of staff sexual misconduct
A federal prison for women in California is riddled with allegations of staff sexually abusing prisoners. The warden and three other staff members at FCI Dublin face charges of sexually abusing women prisoners, The Associated Press reported Jan. 19. Former correctional worker and chaplain James Highhouse is the latest to be charged with sexual abuse of a ward, abusive sexual contact and … [Read More...]
Innocent man exonerated after serving six years in prison
Anthony Miller is a free man after a New York appeals court ruled he was wrongly arrested, convicted and imprisoned for a street robbery. Miller returned home after 6 1/2 years of incarceration, thanks to a renewed investigation that concluded he was wrongly identified for the crime. “It used to be normal for me to be out here,” said Miller looking down the street in his neighborhood. … [Read More...]
Report: California’s death penalty ‘beyond repair’
A committee on penal code revisions recommended abolishing California’s death penalty, the San Francisco Chronicle reports. Voters have twice rejected ballot propositions to end capital punishment. The new recommendation to end death sentences comes from the Committee on Revision of the Penal Code, established by law in 2020. “California’s system for capital punishment is beyond … [Read More...]
Congress weighs efficiency, fairness for federal prisoners
Congress is considering legislation to increase efficiency and fairness for federal prisoners. The bipartisan Senate bill called the Criminal Justice Administration Act would: Compensate indigent defendants for round-trip travel and lodging if they must attend their own hearings at the federal court level; Authorize U.S. magistrate judges to maintain all post-conviction motions in cases … [Read More...]
Earlonne Woods takes on California’s Three Strikes Law
An initiative petition has been filed to repeal California’s Three Strikes Law. It now needs enough voter signatures by April 30 to qualify for the November 2022 ballot. The petition was filed by Earlonne Woods, co-creator and co-host of the San Quentin podcast Ear Hustle. “There’s a 50/50 chance — it can go either way,” Woods said in an interview. “I strongly believe that we will be … [Read More...]
SQ residents file new round of habeas petitions
In January 2022, 91 San Quentin residents filed for habeas corpus relief in the Marin County Superior Court. This new round of legal pleadings is an extension of a similar petition that was filed in June 2021, challenging the prison’s COVID-19 response amid the virus’ latest outbreak. The petitions, represented by the Marin County Public Defender, call the prison’s conditions “unlawful,” … [Read More...]
SCOTUS dodges ambiguous sentencing
Federal sentencing guidelines are vague and ambiguous, due to differences in U.S. Supreme Court opinions and the U.S. Sentencing Commission’s judicial rules of court, according to The Hill opinion contributor Dawinder Sidhu. The Supreme Court has refused to resolve conflicts between federal appeals courts regarding court rules. It deferred those duties to the Sentencing Commission, which has … [Read More...]
AZ prison settlement agreement tossed
A settlement agreement to improve the quality of health care in Arizona prisons was thrown out after six years of the state showing little interest in making improvements, according to The Associated Press. Judge Roslyn Silver concluded that a trial will proceed after contempt of court fines totaling $2.5 million for non-compliance couldn’t motivate the state to comply, the Oct. 30, 2021, AP … [Read More...]
San Francisco D.A’s New Website Tracks Arrests and Prosecutions
“SFDA filed new charges in 71.79% and took action on 84.64% of them" A new website portal was created by the San Francisco District Attorney's Office to track arrests and prosecutions. The new “SFDA Prosecutions of SFPD Incidents & Arrests” site will provide data on the San Francisco Police Department arrests and those prosecuted by the SFDA, according to CBS SF. “For example, say … [Read More...]
States circumventing qualified immunity laws
New Mexico, Colorado pass new laws to hold officers accountable for using excessive force Colorado and New Mexico have found promising ways to hold rogue police officers accountable and circumvent one of the biggest barriers — the legal defense of qualified immunity USA Today reports. These states passed laws that give people who were subjected to excessive use of force an avenue to … [Read More...]
Gov. Grisham Propose Rolling Back Bail Reform Laws
New Mexico Gov. Michelle Lujan Grisham’s new public safety initiative could roll back bail reform laws and lead to jail overcrowding and excessive use of force by police, according to a New Mexico safety coalition called SAFE. The SAFE group includes criminal defense lawyers from the American Civil Liberties Union, the NAACP, and the New Mexico Conference of Catholic Bishops. The … [Read More...]
DIY Credit Calculator Shorts
On May 1, 2021, the California Department of Corrections and Rehabilitation (CDCR) increased the percentages for Good Conduct Credit (GCC) under Proposition 57. In its May 7 memo detailing this emergency regulation, CDCR stated the purpose was to inspire eligible people to stay on a positive path of good behavior. The incarcerated population welcomed the news but it has also been … [Read More...]
Body-Worn Cameras on Guards Are Being Introduced to the Prison System
Several state prison systems throughout America are introducing body-worn cameras on some guards, even in environments already covered by thousands of stationary cameras, according to the Associated Press. After allegations of abuse of prisoners with disabilities, a judge ordered body-worn cameras for guards in a San Diego state prison. California later expanded this to five other … [Read More...]
Hawaii Prison Workers Against Vaccine
The union representing federal prison workers in Hawaii join protests against President Joe Biden’s executive order for Mandatory Vaccines for the COVID pandemic. It does allow exceptions due to legitimate medical or religious issues. Michael Meserve, president, American Federation of Government Employees, local 1218, Council of Prison Locals brings attention to staffing shortages, safety … [Read More...]
Riker’s Island Jail in Chaos
New York City’s notorious Rikers Island Jail is in a constant state of chaos due to violence and inadequate staffing, the New York Times reported. Recent turmoil included six incarcerated deaths, charges of criminally negligent homicide against a captain, and the accidental release of an alleged murderer, the Times reported June 19. The tidal wave of violence erupted as officers were … [Read More...]
Director of U.S. Bureau of Prisons Resigns
The director of the U.S. Bureau of Prisons will resign after less than two years in the bureau’s top position in the wake of corruption and mismanagement charges, The Washington Post reported. Allegations of employee misconduct, together with COVID-19-induced issues, combined to create pressure for the resignation of Michael Carvajal, the Jan. 5 story said. “It’s clear that there is much … [Read More...]
Newsom signs new law to strip badges from abusive cops
California Gov. Gavin Newsom signed legislation that might strip the badges of police officers who act criminally or with bias. It was one of several criminal justice reform bills signed. One measure sets statewide standards for when officers use “kinetic projectiles” like rubber bullets, chemical agents or tear gas to break up peaceful demonstrations, The Associated Press … [Read More...]
‘Safehouse Philly’ case moves forward
A legal battle is underway attempting to legalize Safehouse facilities that safely dispense drugs legally to addicts in efforts to decriminalize drugs. Eighty criminal justice leaders filed a brief urging the U.S. Supreme Court to reconsider the ban on Safehouse Philly and other nonprofit safe drug use sites. The Philadelphia facility won a case in February 2020 but lost on … [Read More...]
JPay ordered to pay $6 million for fraudulent practices
Fraudulent practices were detected by a federal agency, concerning debit cards given to recently released prisoners. JPay, a company owned by a private equity firm, was ordered to pay $6 million for overcharging formerly incarcerated individuals by adding hidden fees on their debit cards, according to The Washington Post. JPay, based in Florida, was ordered by the Consumer Financial … [Read More...]
Supreme Court considers ministers’ presence in death chamber during execution
A Death Row inmate’s religious request to have his pastor place hands on him during his execution is being examined by Supreme Court Justices, said the Associated Press (AP). John Henry Ramirez is sitting on Death Row in Texas for killing a convenience store worker during a robbery in 2004. The AP said that he stabbed the clerk 29 times and robbed him of $1.25. The question that Supreme … [Read More...]
SF public defenders protest delays, court closures
San Francisco public defenders gathered outside City Hall in protest of court closures and delays that continue through the COVID-19 era — in violation of criminal defendants’ 6th Amendment rights. The courts have been taking care of non-urgent civil cases, including trials to evict people from their homes, while criminal cases have not been prioritized, reported the Davis Vanguard. “The … [Read More...]
Resentencing barriers eased by new legislation
New year brings new changes to make PC 1170 process more effective By Elizabeth Fraser and Danielle Harris,The Freedom Project at theSan Francisco Public Defender For many years, California Penal Code section 1170(d)(1) has authorized judges and a small number of criminal system officials to request that a person’s sentence be recalled and considered for resentencing to a lower … [Read More...]
New original sentencing laws in effect for current defendants
Gov. Gavin Newsom signed new laws that cut back on numerous sentencing enhancements and ease the state’s sentencing requirements. Starting in January, nonviolent drug offenders will no longer face mandatory prison or jail sentences, according to an Oct. 12, 2021 article in the San Francisco Chronicle. “The Democratic-controlled Legislature and Newsom have approved further sentencing … [Read More...]
CA eases gang-related sentence enhancements
Gov. Gavin Newsom has signed a bill restricting gang enhancements in sentencing, the Associated Press (AP) reported. This bill is the latest in a series that the governor hopes will relax tough-on-crime policies from previous administrations that led to huge racial disparities in the criminal justice system. “Gang enhancements have long been used against people of color far more frequently … [Read More...]
Alabama offers second chances for drug crimes
The Cullman County Drug Program in Alabama is offering drug offenders a second chance at success while bypassing a jail or prison sentence, the Associated Press reports. The program has taken a new direction under District Judge Chad Floyd, the drug court’s third director since its inception in 2008. Program participants often “have issues with low self-esteem [and] a background where nobody … [Read More...]
Victims, advocates angered by Gascón’s handling of juvenile defendants
California prosecutors must have a judge’s approval to try juvenile defendants in adult courts under the terms of Proposition 57, a criminal justice reform bill voters approved in 2016. A major supporter of the provision is George Gascón, the recently elected Los Angeles County district attorney. He has imposed a policy in his office of refusing to try teens as adults, the Los Angeles Times … [Read More...]
Brothers awarded $75M for wrongful conviction
$1 million per year judgement for two men cleared by DNA after more than three decades’ incarceration Two half-brothers, one on Death Row for years, were awarded $75 million for being wrongfully sentenced for a murder they did not commit, according to The Associated Press. DNA evidence overturned Henry McCollum’s and Leon Brown’s 1983 conviction for the brutal murder of an … [Read More...]
La ley SB 203 proteje derechos Miranda para adolescentes
Ser esposado y puesto en el asiento trasero de un carro-patrulla o ser interrogado por detectives veteranos como sospechoso, puede ser abrumador para adolescentes y niños menores. Bajo estas circunstancias, los adolescentes podrían no entender completamente sus “derechos, y podrían ser presionados y aceptar a dar falsa confesión” según el Imprint-Youth and Family News. El Gobernador Gavin … [Read More...]
Supreme Court to decide how Three Strikes laws apply to minors
The United States Supreme Court will hear a case that tackles how the Three Strikes Law is applied to minors and will address the harsh mandatory minimum sentencing requirements and enhancements for children being tried as adults. Defense attorneys will argue before the Supreme Court that extreme punishments like the death penalty and life without parole (LWOP) sentences, when applied to … [Read More...]
‘Brady List’ rarely used to combat police misconduct
A 1963 Supreme Court ruling (Brady V. Maryland) requires prosecuting attorneys to turn over all exculpatory evidence to defense attorneys, including information pertaining to the credibility of police officers involved in the case. The ruling was meant to provide more balanced justice during court proceedings by guarding against an unfair advantage for prosecutors, and resulted in the … [Read More...]
CA ends mandatory minimums for drug crimes
Gov. Gavin Newsom has signed legislation ending mandatory minimum sentences for nonviolent drug offenses. “Mass incarceration of nonviolent drug offenders hasn’t reduced drug use or addiction,” the bill’s sponsor, KV, D-San Francisco, tweeted. “Time for a new approach.” Wiener said California’s prisons and jails are filled with people of color who have committed low-level, nonviolent drug … [Read More...]
Virtual court hinders criminal defendants project
The COVID-19 pandemic curbed live court proceedings and created serious concerns about defendants’ rights, the Stanford Criminal Justice Center reported. The center analyzed the quality and adherence of virtual or remote criminal court proceedings in its report, Virtual Justice? Live-streamed video and teleconferencing replaced many in-person activities. “The pandemic hit so suddenly and … [Read More...]
Experts question role of victims, survivors in parole hearings
Years after a conviction, prisoners still face the same scrutiny at parole board hearings they did during their jury trial — when facing prosecutors, crime victims or the victim’s family. Statements by prosecutors, victims of crime and their family members at a Board of Parole Hearing (BPH) could mean a parole denial for a rehabilitated person, according to a Powell (Wyoming) … [Read More...]
CA Supreme Court: No pot for prisoners
California prisoners cannot have marijuana, the state Supreme Court has ruled. The court reversed a 2019 appellate court ruling that temporarily decriminalized possession of marijuana in California state prisons, the Associated Press reported in August. The 3rd District Court previously overturned the conviction of five men charged with possession of marijuana in their cells. This … [Read More...]
ACLU: Prosecutorial accountability ‘critical’ to criminal justice reform
Guilty or not, defendants plead out to avoid lengthy incarceration
Some people are pleading guilty to crimes they did not commit because prosecutors promise leniency, a group of researchers reports. Pleading guilty to avoid further incarceration might be the best option for some criminal defendants — guilty or not — especially considering the promise of freedom, seeing their children or taking care of sick family members, said the report in The … [Read More...]
Trabajadores esenciales indocumentados son excluidos del estimulo economico
Defendants seeking resentencing entitled to court-appointed attorneys
Prisoners who were convicted of murder but didn’t kill anyone have been granted the right to legal representation when they challenge their conviction. The California Supreme Court ruled unanimously in July that inmates whose claims meet the basic standards of the law are entitled to an attorney to prepare and argue their case in Superior Courts. This “furthers the purpose of the law,” … [Read More...]
Examining disparities in crack cocaine sentencing
Powder cocaine offenses given lighter sentences compared to ‘rock’ cocaine After years of fighting for fair federal sentencing reform for those convicted of selling crack cocaine, the U.S. Supreme Court dealt third-time low-level drug offenders a further blow. In Terry vs. United States, the Justices ruled 9-0 and upheld Tarahrick Terry’s 15-year prison sentence because he was … [Read More...]
Local politics play role in CA resentencing
Recent legislation has created new opportunities for prisoners to have their sentences recalled by the court. But there are also new political barriers to obstruct inmate access to the court when they file a Petition for Recall of Sentence. Under Penal Code section 1170(d)(1), there are four ways in which a state prisoner may have a court review a petition for recall of a sentence: 1) by … [Read More...]
California allocates $7.5m in reparations for women forcibly, unknowingly sterilized
California has allocated $7.5 million for reparations to survivors who were subjected to state-sponsored sterilization or involuntary sterilization, reported the California Coalition for Women Prisoners. “We hope this victory paves the way for other BI-POC communities to achieve additional forms of reparations in response to centuries of state-sanctioned violence and abuse,” said Aminah … [Read More...]
One-Stop Shops serve to reduce recidivism
Growing national movement emerges, hopes to expand access to resources for parolees returning to their communities A bipartisan group of members of Congress is proposing legislation to make it easier for the formerly incarcerated to reenter society. “This bipartisan legislation would help reduce the chance that people transitioning from incarceration will re-offend by creating re- source … [Read More...]
Legislative Digest
Governor Gavin Newsom recently signed a number of new measures into law aimed at criminal justice reform and the reduction of prison sentences for certain offenders in California. Senate Bill 81- seeks to reduce the number of sentence enhancements in criminal cases that can double prison terms. Senate Bill 483- allows the retroactive repeal of sentence enhancements for prior prison or … [Read More...]
UnCommon Law challenges California’s ‘broken’ parole hearing process
A petition was filed in the California Court of Appeals, by the nonprofit organization UnCommon Law, to correct deficiencies with the Board of Parole Hearings (BPH). A recent media advisory from UnCommon Law reads, “The petition demonstrates that California’s parole process is broken.” It stated further that the lawyers the State appoint to represent people serving life sentences “are poorly … [Read More...]
Company introduces new ankle monitor technology
Supercom has created a new lightweight ankle bracelet monitoring system to replace the old clunky ankle monitors. The global security technology company has set its sights on world governments and their prison systems, according to a July 1 Benziga article. “There are really only ten companies that provide tracking devices in this space, and the incumbent technology is usually a heavy … [Read More...]
Alternatives to mass incarceration offered
The Vera Institute of Justice suggests four solutions to end the billion-dollar disaster of mass incarceration in the United States. Making fewer arrests, ending low-level prosecutions, holding legislatures accountable, and investing in communities were possible solutions for ending mass incarceration, reported Nicholas Turner, president and director of the Vera Institute of Justice. “Mass … [Read More...]
Double bunking violates United Nations’ recommendations for prisoner treatment
Minnesota state prisons’ double-bunking may be a violation of the treatment of prisoners under the United Nations’ Standard Minimum Rules for Treatment of Prisoners (the Nelson Mandela rules) and the standards defined by the American Correctional Association (ACA), according to the Minnesota Spokesman Recorder. Crowding multiple people in a 7x11 cell, smaller than a normal residential bathroom, … [Read More...]
Polanco family files suit over death of highly-regarded sergeant
The family of a beloved San Quentin correctional sergeant who died of COVID-19 filed a wrongful death lawsuit against prison officials. The federal civil rights suit claims that his death was preventable and resulted from unsafe conditions at the prison created by “intentional and deliberately indifferent” decisions. “Officials created a COVID cesspool and then required their inmates and … [Read More...]
San Quentin appeals record COVID fines
San Quentin State Prison was fined $421,880 for COVID-19 workplace violations, the Sacramento Bee reported. San Quentin’s penalties topped the list of roughly 200 employers fined about $4.6 million by California’s Division of Occupational Safety and Health (Cal/OSHA) for COVID-related workplace violations, the June 24 story stated. San Quentin’s record fines were for numerous “serious and … [Read More...]
Federal judge issues vaccine mandate
Prison personnel and certain incarcerated workers required to be inoculated A federal judge has ordered all California prison employees entering a prison to be vaccinated against COVID-19 unless they have a medical or religious exemption. The order affects all prison workers, including correctional officers. U.S. District Court Judge Jon Tigar’s Sept. 27 ruling also affects incarcerated … [Read More...]
Arkansas jail under investigation for using anti-parasitic to treat COVID
An Arkansas jail is under investigation by the state Medical Board for giving its prisoners an anti-parasite drug to treat COVID-19, The Associated Press reported. Ivermectin, a drug used to treat animals and people for parasitic worms, head lice and skin conditions was provided without their knowledge to jail detainees who caught COVID-19, the story disclosed. “I asked what are they, and … [Read More...]
No search warrant necessary
Tech giants Apple, Facebook, Google, Instagram, and Microsoft are major suppliers of personal information to local, state, and federal law enforcement agencies, according to an article in The Associated Press. The most recent figures available, which cover the first half of 2020, show that over 112,000 requests for data went to Apple, Google, Facebook, and Microsoft from local, state, and … [Read More...]
FCC creates new phone rules for prisoners
Federal regulators have lowered the rates on fees for out-of-state calls made from prisons and jails, Prison Policy Initiative (PPI) reported in June. This was an “historic order” that indicated lower rates — which are different from fees — may be forthcoming. This will go along with new Federal Communication Commission (FCC) rules for companies to follow that provide inmate-calling services in … [Read More...]
Formerly incarcerated find it hard to vote
Five million formerly incarcerated people in America must overcome a vast assortment of obstacles to enjoy the privilege of voting, reported Vice Newshttps://www.vice.com/en/article/7kvx3z/this-is-how-hard-it-is-to-vote-after-youve-left-prison. “When you’re unable to vote, on top of all those other issues like the hardships of searching for a job and housing, it just reinforces the feeling of … [Read More...]
CA Legislature considers expansion of resentencing law
The California Legislature’s 2021-2022 Regular Session is currently considering several bills which, if passed, would change resentencing procedures. In some cases, that even means creating a presumption that resentencing is in the interest of justice. Senate Bill 775: Felony Murder – Resentencing Current state law allows some persons convicted of murder to petition a court directly for … [Read More...]
Aaron Martin granted medical parole
Two state senators and two San Quentin program coordinators assisted Aaron Martin to win a medical parole after he suffered two post-COVID strokes. Martin was given only 60 days to prepare for his suitability hearing. The hearing was deemed necessary even though he couldn’t talk or write after a month of physical rehabilitation in Marin General and Kentfield Hospitals. Martin is partially … [Read More...]
Court orders use of body cams in prison
A federal court has expanded a mandate that requires California Department of Corrections and Rehabilitation (CDCR) officers to wear body cameras. “The court order originally only applied to the Richard J. Donovan Correctional Facility,” the Sacramento Bee reported. Later, the court expanded its order to five prisons to include Kern Valley State Prison; California Institution for Women; … [Read More...]
§1170 Resentencing Pilot Program receives funding
California has adopted and funded a program aimed at correcting inappropriate prison sentences. Gov. Gavin Newsom signed the Resenting Pilot Program into law in the 2021-22 budget. It will begin on Sept. 1. There are currently nine counties that will be involved in the initial pilot program: Contra Costa, Los Angeles, Riverside, Yolo, Humboldt, San Diego, San Francisco, Santa Clara, and … [Read More...]
San Quentin COVID-19 response goes on trial
For the first time ever, public court hearings were live-streamed via Zoom inside San Quentin. Incarcerated residents convened daily in the chapel to watch fellow prisoners, corrections officials, and medical experts testify about SQ’s COVID-19 outbreak. More than 300 SQ petitioners alleged claims of “deliberate indifference” and “cruel and unusual punishment” in the historic class-action … [Read More...]
Tracing prosecutorial mistakes
Thousands of people have been prosecuted and convicted in the past 32 years of crimes they did not commit, the San Francisco Chronicle reports. “The damage caused by these wrongful convictions is immeasurable,” the May 19 story stated. “Lives have been crushed, families ruined, millions upon millions of dollars in compensation paid out. Often the real culprit is never pursued.” “There have … [Read More...]
Ending slave labor in California prisons
Incarcerated workers may soon have a reason to celebrate Labor Day as a lawmaker’s work to remove the last vestiges of slavery from California’s Constitution. Assembly Constitutional Amendment 3 (ACA 3), if placed on the November 2022 ballot, would remove a clause in the State’s Constitution that allows criminal punishment to include involuntary servitude. The new measure was proposed by … [Read More...]
Repealing the Prison Litigation Reform Act after 25 years
A study done by the non-profit Prison Policy Initiative (PPI) demonstrates why it recommends the 25-year-old Prison Litigation Reform Act (PLRA) should be repealed. The PLRA makes federal civil rights lawsuits filed by prisoners more difficult, according to PPI. It was passed by Congress and signed into law by President Bill Clinton in 1996. “For two-and-a-half decades, the … [Read More...]
AB 2147 paves the way for expungement
Da’Ton Harris, out of Victorville, appeared before a judge in San Bernardino County for the second time in months, hoping the judge would expunge his criminal record so he could have a chance at becoming a firefighter. Harris showed up to court prepared with proof that he had battled wildfires while in prison and has become a certified emergency medical responder, only to have the judge turn … [Read More...]
Judge rejects credit challenge
A California judge ruled against a challenge made by 44 district attorneys against CDCR. The DAs are contesting the implementation of new CDCR credit earnings awarded to state prisoners. Superior Court Judge Shama H. Mesiwala denied a request by the DAs for a preliminary injunction against the California Department of Corrections and Rehabilitation (CDCR). It would have overturned the good … [Read More...]
You May Be Eligible For Resentencing Under New Penal Code 1170(d)(1)
Recent legislation allows convicted people to request the California Department of Corrections and Rehabilitation (CDCR) and the District Attorney to review their cases. The review may result in courts reducing or modifying sentences and may result in reduced jail or prison time, release from custody, as well as lessen conditions of probation. Eligible people have a 30% chance of having … [Read More...]
GOVERNORS USE OF CLEMENCY
Governors can increase the use of their executive authority clemency as a corrective tool in order to reduce mass incarceration in the United States, an Urban Institute report suggests. New legislative reforms passed to reduce the number of people incarcerated in the country do not have the language to allow the application of such laws to be applied retroactively, the report explained. … [Read More...]
WHITE HOUSE DEVELOPS NEW PARDON PROCESS
The Biden administration has signaled to criminal justice reform activists that he may use his clemency powers to release numerous people incarcerated in federal prison before the midterm elections in 2022. “We asked them not to wait to the end of a term to execute pardon and commutation power for photo ops, and they definitely assured us that is not this administration’s plan,” DeAnna … [Read More...]
Prosecutors sue to block credit changes
Forty-four of California’s 58 district attorneys have sued the California Department of Corrections and Rehabilitation to block recent changes in the way good conduct credits are calculated. The changes, which took effect May 1, could eventually result in earlier releases for thousands of the state’s incarcerated, said the Associated Press in an article dated May 26. The objections to the … [Read More...]
Aunque mandan inocentes a prisión,fiscales no corrigen errores
Las estadísticas indican que hubo 2,770 exoneraciones en Estados Unidos desde 1989, significando más de 25,000 años perdidos de la vida de prisioneros que eran inocentes, Opinó Karyn Sinunu-Towery del San Francisco Chronicle. Aparte de haber costado millones de dólares en compensaciones, vidas aplasta-das y familias destruidas. Todo eso sin que el verdadero culpable fuera buscado ni … [Read More...]
Juez Ordena a Guardias de una Prisión a Usar Cámaras Corporales
Un juez federal en respuesta a alegaciones de abuso contra prisioneros ordeno a los oficiales correccionales de la prisión de California Richard J. Donovan en San Diego, el uso de cámaras en el cuerpo. La Jueza de Distrito de Estados Unidos ( U.S. District ) Claudia Wilken le dio al (CDCR) Departamento de Correcciones y Rehabilitación de California, cinco meses para que las cámaras en el … [Read More...]
FRANKLIN HEARINGS – ANOTHER OPPORTUNITY TO AVOID LWOP
Youth offenders convicted and given a lengthy prison term by a sentencing court for crimes committed when they were age 26 or under are entitled to have a “Franklin Hearing,” The California Supreme Court made this ruling in 2016. “By operation of law, Franklin’s sentence is not functionally equivalent to LWOP…” (life without the possibility of parole) the court ruled in People v. … [Read More...]
LWOP REPLACES DEATH PENALTY
“Life without parole (LWOP) sentences are steadily replacing the death penalty across the United States,” reported The Marshall Project in a recent article. But the accused in LWOP prosecutions are entitled to only a fraction of the legal resources and defenses afforded to defendants in death penalty cases. These disparities are illustrated in the case of Shuranda Williams, who faces capital … [Read More...]
Criminal prosecuting plea bargains: is it flawed or beneficial?
“90% of criminal cases in the United States end in a guilty plea” Plea bargaining is a flawed and possibly a coercive process that goes beyond just guilt and innocence, but it can have positive results, according to attorney Rachel Rossi in an Op-Ed in the Los Angeles Sentinel. More than 90% of criminal cases in the United States end in a guilty plea, cited Rossi. She is a former candidate … [Read More...]
Boudin in his first year faces backlash, opposition and controversy
From policing his city through a global pandemic, controversies in policy, political opposition, the backlash of a homicide, and excessive force by police, San Francisco District Attorney Chesa Boudin speaks candidly about his first year in office. “I’m rolling up my sleeves,” said the son of former radical leftist activists. “And I’m personally doing the work to keep our cases moving forward … [Read More...]
The case of Von Staich with incarcerated people at SQ
A California appeals court has ordered San Quentin to significantly reduce the prison’s population and take steps to protect the incarcerated and staff from the COVID-19 pandemic. The ruling came in a lawsuit by Ivan Von Staich, who maintained the warden and California Department of Corrections and Rehabilitation officials acted with “deliberate indifference” and that relief was warranted, … [Read More...]
CA SB 203 extends Miranda Rights protection
Being handcuffed and placed in the back of a squad car or questioned by seasoned detectives as a suspect can overwhelm teens and young children. Under these encounters, teens may not fully understand their “rights” and be pressured into a false confession, according to The Imprint-Youth and Family News. California Senate Bill 203 was signed into law by Gov. Gavin Newsom in September. The Bill … [Read More...]
Four new California DAs pushing for social justice
New voices are growing in California’s District Attorneys’ offices with the goal to bring modern and diverse approaches to public safety, according to a KQED article. A small group of DAs has formed a progressive law enforcement association, also known as the Prosecutors Alliance of California. “What is clear is that the criminal justice system we have had in this country no longer serves … [Read More...]
NC law students focus to help the incarcerated
As COVID-19 forces many schools and universities to face closure, the students at Wake Forest University, through its Prison Letter Project, had to refocus how to provide research services to those incarcerated in their state. “We’ve transitioned to a virtual model,” said Ashley Willard, about the pro bono project. “Many of our law students are working from home now.” The Prison Letter … [Read More...]
Implicit bias is said to infect justice system
There are subtle racial prejudices within the procedural fabric of the criminal justice system, reported Evan Robinson in a Hamilton College news article. In a recent webinar sponsored by Hamilton’s Levitt Center Law and Justice Lab, advocates for racial justice reform discussed criminal justice initiatives that could begin to heal traumatic effects such as: identifying implicit biases, lack of … [Read More...]
Rebuilding his life after 44 years of incarceration from 1170d
By Ruby Wilks & Davis Vanguard At age 63 and during a pandemic, Paul Redd begins to build his life outside of prison after 44 years of incarceration despite serious health problems. In 1975, a San Francisco jury found then the 19-year-old Oakland resident guilty of first-degree murder of a local drug dealer; he was sentenced to seven years to life in prison. One of the two other men … [Read More...]
Incarcerated COVID death prompts CDCR lawsuit
One of the first claims for a coronavirus-related death of a resident at San Quentin State Prison was filed by the victim’s family in September, a Government Claim form shows. Daniel Ruiz, 61, was arrested in September 2019 for a non-violent parole violation, records show. He transferred to San Quentin on January 20, 2020. In March, Ruiz received “an early release notice for good behavior,” … [Read More...]
Firefighters can now get jobs after passing of AB2147
The dream of incarcerated fire-fighting heroes to pursue careers as professional firefighters upon their release from prison became reality when California Governor Gavin Newsom signed AB2147 on September 11. According to an article by Spectrum News, AB2147 gives nonviolent offenders who fought fires while incarcerated the chance to have their criminal records expunged so they can apply to be … [Read More...]
Judge orders CA prison guards to wear cameras
A federal judge responding to prisoner abuse claims has ordered corrections officers at California’s Richard J. Donovan prison in San Diego to wear body cameras. U.S. District Judge Claudia Wilken gave the California Department of Corrections and Rehabilitation (CDCR) five months to have the body cameras in use on officers while interacting with prisoners, the Los Angeles Times reported Sept. … [Read More...]
SB 118 revises compassionate release
Gov. Gavin Newsome has signed a bill increasing the chance for elderly and ill prisoners to obtain a compassionate release. The measure, SB 118, provides those incarcerated who have been diagnosed with a condition which is determined to either result in death or incapacitation to the point of an inability to perform the activities of basic daily living, may be released under Compassionate … [Read More...]
How an idea becomes a bill in California
US Department of Justice to limit legal rights
Civil rights advocates are fearful that the US Department of Justice (DOJ) may use the country’s national emergencies, such as the coronavirus and civil disturbances, to push a controversial policy through Congress, according to the online news agency Politico. After reviewing DOJ documents Politico reported that the DOJ had asked Congress for changes in court proceedings, asylum rules and the … [Read More...]
Wrongful Conviction Heading for Settlement
Kansas Attorney General Derek Schmidt cleared the path for settlement negotiations in a wrongful conviction lawsuit brought by Lamont McIntyre—a man who served 23 years for a crime he did not commit. “Because we knew there was evidence that was never placed in front of a court—before we just signed off on a claim—-we had an obligation to the new court to collect and review all of the evidence. … [Read More...]
Investigation of LAPD falsifying documents leads to larger scandal
The elite Metro Division of the Los Angeles Police Department is under investigation for falsifying documents that identify people as gang members, newspaper stories report. The probe was prompted by a mother who said police improperly identified her son as a gang member. The resulting preliminary investigation uncovered discrepancies between video recording of police stops and written … [Read More...]
Prison bans on literature becoming more commonplace nationwide
Prison officials throughout the country are restricting reading materials in prison libraries. The state of Florida has banned 20,000 titles, and Texas has banned 10,000 titles, claiming that the prohibited reading material could stir up disorder. Officials say there has been an uptick of drug smuggling via books, whose pages can be soaked with synthetic marijuana of other potentially … [Read More...]
USC Law Professor fights to give lifers a second chance
Law professor Heidi Rummel fights to give thousands of men and women a second chance—many of them sentenced decades ago to life-terms for crimes committed as youths. As co-director of the University of Southern California’s Post-Conviction Justice Project (PCJP), Rummel teaches and leads a team of certified law student interns. They represent incarcerated clients in courtrooms and parole … [Read More...]
Anti-semitic judge frequently used racial slurs
By Brian Corder Journalism Guild Writer A Jewish Death Row prisoner’s execution won a reprieve after allegations that the trial judge was anti-Semitic and frequently used racial slurs. The reprieve came six days before the scheduled execution of Randy Halprin, The Associated Press reported. Halprin was a member of the “Texas 7,” a group that escaped from a South Texas prison in 2000. … [Read More...]
Campaign under way to raise the age for criminal prosecution
A campaign is under way to increase from 18 to 20 the age where young people accused of crimes are processed as juveniles instead of adults. “Young adults would benefit more from the juvenile system and early diversion programs than adult incarceration,” said Stephanie James, president of the Chief Probation Officers of California. “Such diversion programs have proven successful, and have been … [Read More...]
Prison law libraries provide inadequate access to legal resources
Across the country, prisoners and their advocates contend that prison law libraries provide inadequate access to legal resources, according to an article by Law360. The United States Supreme Court established that prisons must provide inmates with “adequate law books or adequate assistance from persons trained in the law” in the 1977 case Bounds v. Smith. But, most states provide only limited, … [Read More...]
State prosecutors not complying with Brady Law
Thousands of people have gone to prison or face criminal charges based on questionable testimony from law enforcement officers, USA Today reports. “At least 300 prosecutors’ offices are not taking steps necessary to comply with the Supreme Court mandate” that prosecutors must tell anyone accused of a crime about all evidence that might help their defense at trial, the newspaper reported Oct. … [Read More...]
Prison and Jail phones monitored by AI
A new artificial intelligence (AI) system targets key words and phrases during monitored phone calls from inside prisons and jails, according to an ABC News article. Sheriffs’ and wardens’ nationwide use AI technology to aid in unsolved crimes such as drug smuggling, attempted suicides and violence in real time. Legally mandated warnings precede every phone call to inform the patrons their … [Read More...]
Feds are seeking recall of more than 3,000 released prisoners
After the release of more than 3,000 federal prisoners, the Justice Department is trying to recall their sentences and lock them back-up, according to a Washington Post article. Trump, along with the Congress and the Senate, passed a bill back in 2018 signing-off on releasing those prisoners who had possessed minimum amounts of crack cocaine. They qualified for early parole under a new Bill … [Read More...]
California gun safety laws reported strongest in nation
California leads the nation when it comes to strongest gun safety laws and innovative programs to reduce gun violence, according to a Juvenile Justice Information Ex-change article. Giffords Law Center compiles an annual Gun Law Scorecard that ranks California at the top. A significant factor is the decline in overall gun deaths and homicides at the state level. Nationwide gun … [Read More...]
Raise the Age Law help young accused avoid trial in adult courts
North Carolina’s new Raise the Age law now prevents many non-violent youth offenders under the age of 18 from being mandatorily sent to adult court, according to news reports. These new referrals to juvenile court will provide youths 16 and 17 more opportunities to receive rehabilitative services and counseling. It also gives them the chance for their records to remain confidential, reported … [Read More...]
New transparency law goes into effect for public disclosure
By Steve Brooks, Journalism Guild Writer A new police transparency law went into effect in early October, leading to the public disclosure of Santa Clara County Sheriff Deputy David Tempra’s firing over a 2015 beating death. Tempra was fired for lying about the death of Michael Tyree, a mentally ill inmate. Deputies Rafael Rodriguez, Matthew Farris, and Jereh Lubrin were arrested and … [Read More...]
Upcoming federal execution of intellectually disabled man
By Vincent O’Bannon, Journalism Guild Writer An intellectually disabled man scheduled for execution in January claims it would violate his constitutional rights. He is Alfred Bourgeois, one of five prisoners chosen by the U.S. Justice Department to be put to death in January 2020. Bourgeois’ lawyers claim his execution would violate his 8th Amendment rights against cruel and … [Read More...]
Florida can’t use restitution or fines to stop ex-felons from voting
By Kerry Rudd, Journalism Guild Writer A federal court ruled that Florida cannot deny felons the right to vote based on their inability to pay fines or restitution. “In his order, U.S. District Judge Robert Hinkle of the Northern District of Florida halted the implementation of SB 7066, which required felons to pay all restitution, fines and fees before they are eligible to vote,” … [Read More...]
SB 136 goes into effect on Jan. 1, 2020
Oct. 8, the Repeal Ineffective Sentence Enhancements (RISE) Coalition celebrated Gov. Gavin Newsom’s signature on SB 136: The RISE Act. The legislation, authored by Sen. Scott Wiener (D-San Francisco), dismantles a sentence enhancement that adds an extra year to an individual’s base sentence for each prior prison or felony jail term they already served. "Our coalition has been doing work to … [Read More...]
Inaccuracy of court records deprives people of constitutional rights
Many African Americans’ court testimony is inaccurately transcribed, according to a recent Criminal Legal News story. A recent study published in the Linguistic Society of America journal, Language, found that court reporters frequently misunderstand and misquote speakers of African American English (AAE) during court proceedings, an issue that leads to widespread deprivation of … [Read More...]
Is "civil death" still warranted in a civilized society?
By Alfred King, Journalism Guild Writer Rhode Island considers anyone sentenced to life in prison to be “civilly dead,” meaning they have no civil rights. The law dates back some 100 years and stems from ancient English common law. New York has a similar law but does not enforce it, Mother Jones reported July 30. Prisoners declared civilly dead cannot sue or raise complaints about … [Read More...]
Innocent man freed after 43 years in prison
Botched lineups and erroneous forensic evidence played major part in wrongful conviction An 81- year- old man once sentenced to death has been freed after 43 years in prison for a crime he did not commit, the Death Penalty Information Center reported. Charles Ray Finch, was released from Greene Correctional Institution in Maura, North Carolina on May 23, 2019. The release was ordered … [Read More...]
Ex-felon joins judicial commission
Wrongfully convicted Hakim Crampton recalls his generation was told while growing up that “We were going to be dead or in prison. And we believed it,” he said to reporter Ashley Graham of WLNS in Jackson Michigan. Crampton was in prison for 15 years until he was granted parole after proving his innocence. Like the biblical man Joseph, who rebuked false accusations and wound up working … [Read More...]
Multiple exonerations follow deputy’s arrest
A recently fired Florida sheriff’s deputy was arrested for planting false evidence in cars he had pulled over. Some 120 convicted persons were exonerated once the actions of Zachary Wester were discovered. “There’s no question that Wester’s crimes were deliberate and that his actions put innocent people in jail,” said Chris Williams of the Florida Department of Law Enforcement (FDLE). … [Read More...]
Conditions unsafe for the incarcerated in some southern prisons
Many prisons in the South lack air conditioning and this creates life-threatening conditions in heat spells, the Prison Policy Initiative reports. “The lack of air conditioning in Southern prisons creates unsafe -- even lethal --conditions,” the report stated. “Prolonged exposure to extreme heat can cause dehydration and heat stroke, both of which can be fatal.” Some courts have ruled that … [Read More...]
California legislators want to streamline re-entry
New "one-stop" program would acknowledge many hurdles for returning citizens Congresswoman Karen Bass is spearheading legislation to create a one-stop reentry program, as well as criminal justice reform, according to the Los Angeles Sentinel. “There should be a place where you can get your ID, sign up for benefits, get connected to medical services, get transportation -- a place where … [Read More...]
California law paves the way for ex-felons to serve on juries
The California jury system came a major step closer to fairly representing their communities and the criminal defendants they deliberate over thanks to newly signed Senate Bill 310. Starting in 2020, most former felons who have served their time and been discharged from parole or probation will no longer be excluded from jury service. “Over 30% of Black men were eliminated from the juror … [Read More...]
Changes coming to San Francisco County jail – free phone calls
Two dramatic changes are coming to the San Francisco CountyJail–free phone calls for prisoners and reduced markups for commissary items. “These fees are overwhelmingly paid for by the friends and families of the incarcerated, especially low income women. It was a clear equity issue,” said the mayor’s spokesperson, Jeff Cretan. Mayor London Breed’s office estimated the elimination of … [Read More...]
Realignment may have created more dangerous county jails
Since the U.S. Supreme Court ordered California to overhaul its overcrowded prisons in 2011 and realignment reforms were implemented, inmate-on-inmate homicides have risen 46 percent in county jails statewide. Killings have tripled and even quadrupled in several counties, according to a report by Jason Pohl and Ryan Gabrielson of the Sacramento Bee. Pohl and Gabrielson speculate that … [Read More...]
Congress looks at equalizing courtroom dynamics
Bill introduced to bring defense budgets more in alignment with prosecutors A bill was introduced at the national level by presidential hopeful Senator Kamala Harris that addresses the unfair advantage prosecutors have over public defend- ers in criminal cases. In May, California’s ex-attorney general introduced a bill called The Ensuring Quality Access to Legal Defense Act (EQUAL … [Read More...]
Governor Gavin Newsom reversed 46 parole grants
It’s still too early to tell if Governor Gavin Newsom marches to his own drum— or if his tenure coincides with Governor Brown’s agendas, reported Anita Chabria and Taryn Luna for the L.A. Times. Since taking office Gov. Newsom has stopped 46 paroles for murderers. This marks a steep increase from the actions of former Gov. Jerry Brown, who only reversed 28 parole grants for murderers in 2018. … [Read More...]
Innocent man exonerated after spending 45 years in prison
A Michigan man became the longest-serving inmate to be cleared of a crime after serving 45 years for a murder he did not commit. The state awarded Richard Phillips $1.5 million for the wrongful conviction. Michigan law provides up to $50,000 per year for every year a wrongly convicted person spends in prison. He was not paid for the 45 years because 15 years also involved an armed robbery … [Read More...]
Court rules on legality of pot possession in prison settings
Felony violations out but rules violations remain —By, Alfred King, Journalism Guild Writer Possessing small amounts of marijuana in a California prison is no longer a felony, a state appeals court has ruled. The court ruling was based on Proposition 64, which legalized recreational use of marijuana in California. “Possession of less than one ounce of cannabis in prison or a similar … [Read More...]
Suit alleges indifference over known health risk for prisoners
By, Alfred King, Journalism Guild Writer A group of California inmates who contracted valley fever are appealing their damage lawsuit to the U.S. Supreme Court. The suit names 14 former and present state officials who “just didn’t take it seriously,” said Benjamin Pavone, lead attorney for the 117 currently and formerly incarcerated people who contracted the disease. Most cases are mild … [Read More...]
Jurists look to San Quentin
Alameda Public Defenders seek input during forum Prisoners seeking to understand the role of public defenders invited Alameda County Public Defender Brandon Woods to San Quentin to talk about his vision for public defense. He said he is working to make significant changes to improve defense outcomes. The purpose of the Sept. 6 forum was to “promote public safety by building a bridge … [Read More...]
Pennsylvania under scrutiny after prisoner dies in custody
Family of deceased raise questions about cause of death in legal action against prison administrators Everett Palmer Jr. died in custody from injuries that York County Prison in Pennsylvania deemed were self-inflicted, reported The Washington Post. “There was so much mystery and unanswered questions in a way that violates every policy and procedure the state has,” said Lee Merritt, a civil … [Read More...]
Removal of books from prison library seen as attempt to censor black history
The Danville Correctional Center in Illinois has removed more than 200 books from its library, volunteers from the Education Justice Project and Illinois Public Media confirmed. The books were removed from a library in the facility’s education wing. Rebecca Ginsburg, director of the Education Justice Project at the prison, said she felt a pit in her stomach when she realized the books had been … [Read More...]
Prosecuted Louisiana warden pleads guilty to fraud charges
A former Louisiana prison warden has pleaded guilty to federal fraud and conspiracy charges. “He’ll pay for it ... prison time will be recommended under the [federal] guidelines,” said David Joseph, U.S. attorney for the Western District of Louisiana. “And he will pay restitution for the crimes.” Cain, 51, faced 17 counts of wire fraud and a single count of conspiracy, reported … [Read More...]
Court finds support for re-sentencing un-persuasive
A sentencing court denied the head of the California Department of Corrections and Rehabilitation’s recommendation that it reduce Juan Felipe Melendez’ 16-year sentence due to good behavior. “I felt terrible because my mom was there,” Melendez said. “The time has been harder on her than me. Every time I talk to her, she’s crying.” California Penal Code 1170(d) 1 gives CDCR, District … [Read More...]
Golden opportunities arise from California’s recent changes in sentencing
Craig “Qadree” Birch, 53, was serving a term of 40-years-to-life under California’s Three Strikes Law before his sentence was recalled by the sentencing court for his “exceptional conduct.” Under the newly passed Assembly Bill 2942, he was re-sentenced to 27 years and paroled from San Quentin in May. Birch was arrested in September 1994 in Sacramento County and convicted in March 1995. He … [Read More...]
California legislature advances bill to compensate victims of involuntary sterilization
Pending legislature aims to compensate victims of an old California policy that once resulted in forced or involuntary sterilization on individuals deemed unfit to reproduce. Under California’s eugenic sterilization program, state institutions from 1909 to 1979 legally sterilized certain disabled or mentally ill persons—without valid consent. Eugenics was the scientific practice of selectively … [Read More...]
California’s dark secret: prisoners sentenced under prior guidelines have little hope of ever being released
Some men serving life sentences in California say they’re “political prisoners.” While there’s technically no legal definition for the term, some facts and evidence suggest they may be right. At San Quentin State Prison, there are men who have served 40-plus years, continuously. These men are survivors of carceral Darwinism, having lived through changes in state politics, parole laws, parole … [Read More...]
Arizona rethinks its ban on prison literature
The state of Arizona lifted its ban on the book Chokehold after gaining national attention for banning the book written about the US criminal justice system policing Black men. “An uproar over the ban of Chokehold: Policing Black Men, including threats of a lawsuit from the American Civil Liberties Union, prompted Arizona prison officials to review a publication blacklist and reverse suspending … [Read More...]
California’s out-state prisoners brought back
The California Department of Corrections and Rehabilitation announced that it has ended the practice of housing prisoners in out-of-state facilities. But San Quentin inmates who have served time in private lockups say those prisons are much better than California institutions, even though they dislike the separation from their families. “I was pissed off when I found out I was coming back to … [Read More...]
Landmark Prop.57 ruling: In re McGhee
A California appeals court has ruled that the California Department of Corrections and Rehabilitation (CDCR) has improperly denied parole hearings to thousands of incarcerated individuals. Approximately 4,450 non- violent offenders who were denied parole consideration due to in-prison rules violations will now be eligible for early release due to the land- mark ruling, the San Francisco … [Read More...]
USSC denies stay of execution because of constitutional issues
Over the last three months, six executions in the United States have been stayed or rescheduled because of constitutional issues regarding the method of execution or who can be present in the death chamber, according to Reuters. At the helm of this controversy is the state of Alabama, according to recent articles featured in Reuters and Mother Jones. Christopher Price was scheduled to be … [Read More...]
Nevada introducing bill for the formerly incarcerated to vote
Nevada Democratic Assembly Speaker Jason Frierson is introducing a new bill that would restore voting rights to formerly incarcerated men and women. According to The Nevada Independent, the 90,000 Nevadans who were not able to vote in the 2016 election because of their prior convictions may now have the right to vote in the upcoming election in 2020. “I believe when we have folks involved in … [Read More...]
Utah professor claims wrongful convictions are minimal in our society
A professor educating future attorneys claims wrongful convictions are quite minimal in our justice system. Viewing the likelihood of wrongful convictions as freakishly low, Paul Cassel, a Professor at the University of Utah’s Law School, has compiled data supporting his wrongful conviction figures. His research placed the range of wrongful convictions in the entire American criminal justice … [Read More...]
San Francisco DA office to dismiss pot convictions dated back to 1975
The San Francisco District Attorney’s office said it will dismiss more than 9,000 marijuana-related convictions dating back to 1975, according to the San Francisco Chronicle. DA George Gascón announced this step following the legalization of marijuana in California two years ago. “It’s incumbent that we, as law enforcement leaders, continue to evolve how we advance fairness and public safety … [Read More...]
Judge rules against unnecessary sleep intrusions
A federal judge has ordered Santa Rita jailers to stop unnecessarily disrupting the sleep of female prisoner for “pill call” at 2:30 a.m. and breakfast at 4 a.m. “No one can argue with the proposition that detainees with medical needs should get their prescription, but why 2:30 a.m.?” U.S. District Judge James Donato commented. He added that the Alameda County Sheriff’s Office offered no … [Read More...]
ÂN XÁ GIẢM ÁN
Từ Văn Phòng Thống Đốc Những ai đã bị kết tội hình sự và đang thụ án tại Califor- nia có thể nộp đơn xin thống đốc giảm án. Để đưa ra quyết định giảm án, Văn Phòng Thống Đốc sẽ cẩn thận duyệt đơn theo những điều kiện dưới đây: • Tầm ảnh hưởng của lệnh ân xá trên cộng đồng nếu đơn được chấp thuận có thích hợp với việc an ninh công cọng và công lý hay không. • Thời điểm, hoàn cảnh, và án phạt … [Read More...]
ÂN XÁ
Những ai đã từng bị buộc tội tại tiểu bang California có thể nạp đơn xin ân xá. Thống đốc tiểu bang California không thể ânxá chobấ tcứaibị buộctội ngoài tiểu bang hay liên bang. Có hai cách để nạp đơn xin ân xá tại California: Một là Giấy Chính Nhận Cải Huấn (Certificate of Rehabilitation) và thứ hai là xin Trực Tiếp Ân Xá (Direct Pardon). Đơn xin Ân Xá Qua Giấy Chính Nhận Cải Huấn (Par- … [Read More...]
People who have been convicted of a crime may apply for a commutation
People who have been convicted of a crime and are currently serving their sentence in California may apply for a commutation (reduction of sentence). In deciding whether to grant a commutation, the Governor’s Office will carefully review each commutation application and consider: • the impact of a commutation on the community, including whether the grant is consistent with public safety and … [Read More...]
Applying for a Governor’s pardon in California
Two distinct processes available to California prisoners From theGovernor's Office: People who have been convicted of a crime in California may apply for a gubernatorial (Governor’s) pardon. The Governor of California cannot grant a pardon for a conviction from another state or a federal proceeding. There are two ways to ap- ply for a pardon in California: a Certificate of Rehabilitation and … [Read More...]
Two California Supreme Court justices against capital punishment
Two California Supreme Court justices have joined the debate against capital punishment. “California’s death penalty is an expensive and dysfunctional system that does not deliver justice or closure in a timely manner, if at all,” Justice Goodwin Liu wrote in a published opinion. The opinion upheld the death sentence of Thomas Potts, convicted of two murders in 1998. Liu’s opinion was … [Read More...]
Florida DAs charge fentanyl dealers with murder in cases of overdose
A woman overdosed and died in jail. As a result, another faces first-degree murder charges. On Sept. 7, 2018, 24-year- old Jeniffer Patrick was riding in a car with her 49-year-old boyfriend when they were stopped by Marion County sheriff deputies, who found drugs and syringes in the car. Patrick was arrested and booked into the Marion County Jail in Ocola, Fla., where she was then … [Read More...]
AB32 would prohibit contracts with private prisons
California would phase out the use of private prisons under pending legislation. AB32 would prohibit new contracts with private prisons and phase out existing contracts over four years, the San Francisco Chronicle reported. The measure was introduced by Assemblyman Rob Bonta, D-Alameda. Bonta said he introduced the bill because corporations that run private prisons put making money for … [Read More...]
CDCR agrees to legal settlement over disciplinary documents
“I spent five years to get them to dismiss the write-ups which should never have been filed in the first place” The California Department of Corrections and Rehabilitation (CDCR) agreed to pay an inmate $8,400 in a legal settlement for disciplinary and non-disciplinary documentation the inmate claimed were false and retaliatory. The settlement agreement, entered in April 2018, also required … [Read More...]
Iranian legal reforms reduce executions
Capital punishment in Iran has roughly been cut in half because of drug law reform, a human rights organization reports. Executions in Iran have also been cut in half after historic law reforms, according to Human Rights Watch and Harm Reduction International. Iran had 225 executions in 2018, of which 91 were for drug offenses. In 2017, there were 507 executions, according to a March 17 … [Read More...]
Wisconsin governor submits proposal to build more prisons
Wisconsin’s Governor Tony Evers, whose campaign pledged to cut his state’s prison population in half, has instead recommended a $259 million expenditure to build more prisons. According to Matt Kettle of MacIver News Service, the governor submitted a proposal to build seven major Department of Corrections (DOC) projects. This is a six-fold increase from his predecessor, Gov. Scott Walker, who … [Read More...]
SB 1421 gives public access to police misconduct records
The public now has access to police misconduct records, thanks to a new law. This legislation grants access to the public of all investigations in the use of force and officer misconduct. A state appeals court has ruled the law has immediate statewide impact. Presiding Justice Stuart Pollak and Justices Alison Tucher and Tracie Brown upheld a decision by Superior Court Judge Charles … [Read More...]
Californians divided over results from criminal justice reforms
A debate is growing on the impact of criminal justice reforms in California. Widely differing views are surfacing on reforms approved by California voters in recent years. That includes Proposition 47 in 2014, that reduced some crimes from felonies to misdemeanors; Proposition 57, which passed in 2016 and allowed prison officials to decide which nonviolent felonies could be reduced to … [Read More...]
As hunger strikes continue in ICE detention centers court issues decree to stop force feeding certain individuals
A judge has ordered the federal government to stop force-feeding detainees on a hunger-strike at an El Paso, Tex., immigration processing center. “This is a win for us,” said Louis Lopez, one of the attorneys representing Malkeet Singh and Jasvir Singh. Both men are seeking political asylum. “They have a First Amendment right to protest,” Lopez told the El Paso Times. U.S. District Judge … [Read More...]
California legislators consider voting rights for parolees
This year, California legislators will decide whether a constitutional amendment to restore voting rights to people on parole can be on the ballot for the 2020 elections. According to an article in the Sacramento Bee, Assembly Constitutional Amendment 6 (ACA 6), also known as the Free the Vote Act, was introduced by Assemblyman Kevin McCarty. ACA 6 will pave the way for a 2020 ballot measure … [Read More...]
Popularity for capital punishment is on the decline in the US
The popularity for and sentencing for the death penalty is declining in America, a research paper reports. “The recent history of capital punishment in the U.S. has been marked by declining popularity and usage ... Within the past 15 years, eight states have abandoned the death penalty through legislative repeal or judicial invalidation,” according to theconversation.com website. “Capital … [Read More...]
California Death Row prisoner qualifies under new felony murder rule
Demetrius Howard is on California’s Death Row for a crime in which he did not kill anyone. He was never accused of firing a shot, but based on California’s felony murder rule then in effect, he was eligible for a death sentence due to his participation in the crime, reported The Appeal. The felony murder rule was revised in 2018 so that participants in a crime do not face a death penalty unless … [Read More...]
Alabama Death Row inmate loses memory
The U.S. Supreme Court ordered a second look at the case of a Death Row prisoner who says he no longer remembers his crimes. Prisoner Vernon Madison suffered a series of strokes which impaired his memory, CNN.com reported Feb 27. The court ruled previously that no one can be executed who doesn’t understand why. Madison was convicted for the shooting death of a Mobile, Ala. police officer … [Read More...]
Some law enforcement and victim advocates oppose Proposition 57
Some police and victim advocates claim a recent court ruling could lead to the early release of many violent and sex offenders, reports the Times Herald. The case involves Gregory Gadlin, serving 35 years to life for assault with a deadly weapon. He was also convicted previously of forcible rape in 1984 and forcible child molestation in 1986. The 2nd District Court of Appeals ruled in … [Read More...]
Santa Clara jails to improve conditions after lawsuit
Santa Clara County has agreed to improve jail conditions for disabled prisoners. The action came in response to a lawsuit filed by Disability Rights Advocates, Prison Legal News reports. “It’s important that persons with disabilities have the accommodations that they need to function safely in a jail setting,” said DRA staff attorney Michelle Iorio in a press release. “We are glad that Santa … [Read More...]
Florida restores voting rights to more than a million
More than a million former Florida prisoners have regained the right to vote, thanks to a ballot initiative. As of January, released prisoners could simply fill out the existing application, signing under oath that their voting rights have been restored, reported the American Civil Liberties Union of Florida in an Associated Press (AP) article. The ballot initiative approved in November … [Read More...]
Shifting the way we count incarcerated persons
A new law will give California prisoners political power by counting them as residents of their home communities rather than in the communities where they are incarcerated, according to The Pew Charitable Trusts. The practice, which will be implemented after the 2020 census and subsequent redistricting process, is expected to shift political power from conservative rural areas toward more … [Read More...]
Families band together creating an alliance focused on protecting incarcerated loved ones
Families and friends of prisoners in Florida are joining forces with advocacy groups to create a stronger voice to protect their loved ones’ rights against the state’s correctional institutions, according the Florida Times Union/ Jacksonville.com. Two groups representing prisoner’s rights have focused on two main issues, sentencing reform and administrative policy. The groups have fostered a … [Read More...]
Advocacy group for the incarcerated finds home in Oakland
An organization established 40 years ago to advocate for incarcerated and formerly incarcerated people recently relocated to Oakland, reports Carla Williams on oaklandnorth.net. “If we don’t protect Oakland, we won’t have an urban community to call our own,” said Dorsey Nunn, executive director of Legal Services for Prisoners with Children (LSPC). He was referring to the fact that Black people … [Read More...]
Once facing a lifetime behind bars, some now offered a chance at freedom
Juveniles sentenced to die in California prisons now have the chance to go home—if they can prove they have rehabilitated. To help them achieve that goal, two attorneys are providing workshops to help juvenile offenders prepare for the Board of Parole Hearings that will determine their fate. “(Elizabeth) Calvin and (Heidi) Rummel are working to help those still behind bars prepare for … [Read More...]
Collateral consequences of incarceration still linger
Jay Jordan’s story is an example of the barriers the formerly incarcerated face when trying to make a new life outside of prison. He was paroled in 2011 following seven years in prison. He filled out 30 applications as a barber, a skill he learned while locked up. He remained unemployed. Everywhere he went, his past convictions stopped employers from even considering him, reports Kay Wicker for … [Read More...]
Jóvenes encarcelados encaran discriminación en sentencias
Las herramientas para evaluar - el riesgo que representan los ofensores fueron diseñadas para disminuir prejuicio a la hora de dictar una sentencia, sin embargo podrían estar causando discriminación contra los infractores juveniles, reporta Wendy Sawyer del Prison Policy Initiative. Esta evaluación toma en consideración muchos factores que pueden incrementar el riesgo de estas personas, los … [Read More...]
Subtle tactics to dismiss Black jurors in CA trials
Some prosecutors may be using subtle tactics to dismiss Black jurors, despite laws against such racial bias in jury selection, according to the San Francisco Chronicle. You could call it the “O.J. Strategy.” Rather than addressing race overtly, these prosecutors ask jurors whether they agreed with the controversial 1995 acquittal of O.J. Simpson. Simpson, a Black football star, was charged … [Read More...]
Some states seeking input on wrong parole decisions
Some states are still seek- ing input from the wrong people on parole decisions a Prison Policy Initiative report maintains. The report says the wrong people are prosecutors and crime victims. In California, prosecutors and victims must be notified when a person is being considered for parole. Yet the only information they can provide to parole commissioners is about the crime itself and who … [Read More...]
Prisoners contributed their input on criminal justice reform
Criminal justice reform took center stage at a San Quentin State Prison forum that brought together inmates, social justice advocates, formerly incarcerated citizens and public officials. “Reform has to change, as we all together are changing,” said Assemblymember Timothy Grayson, D-14th District, Concord. “We all still are rehabilitating. When I leave here, I’m going to tell people I just … [Read More...]
Thu Hồi Án Phạt
Dựa theo luật California Penal Code 1170(d) mới được ban hành, hầu như tất cả tù nhân ở California đều có thể hội đủ điều kiện được tòa xét lại án và giảm án. Phương thức luật mới này cũng đã được ghi rỏ trong sách quy luật dành cho tù nhân, sách California Code of Regulations (CDCR), Title 15, section 3076, Recall of Commitment Recommendation Circumstances. Quy luật án phạt mục … [Read More...]
San Quentin settles lawsuit with psychiatrist over mental health care
A settlement of $822,000 for the plaintiff, Dr. Christopher Wadsworth A lawsuit alleging retaliation against a San Quentin psychiatrist who warned of inadequate mental health care in the prison has led to a settlement of $822,000 for the plaintiff, Dr. Christopher Wadsworth, reports the Sacramento Bee. The fast-track career of Dr. Wadsworth, the former Chief Psychiatrist at SQ, was … [Read More...]
Prominent attorney notes First Step Act is insufficient
Opponents of President Trump’s new criminal justice reform say that the new law doesn’t do enough and will set a bad precedent. “Donald Trump claims he’s taking a step toward desperately needed criminal justice reform but he’s not,” wrote Keith Wattley in an Op-ed in The New York Times. Wattley is a prominent criminal justice advocate and attorney in California. At issue is the … [Read More...]
Recall of sentence may allow time reduction for prisoners
Nearly all California Department of Corrections and Rehabilitation (CDCR) prisoners may be eligible to have a court reconsider and reduce their sentence, according to new rules. The prisoners’ rulebook outlines the procedure in the California Code of Regulations (CCR), Title 15, section number 3076, Recall of Commitment Recommendation Circumstances. California Penal Code Section … [Read More...]
Propuesta de Trump busca marcar a los inmigrantes como carga pública
La nueva propuesta de la administración de Trump para renovar el Sistema de Inmigración en América “con base al mérito” (merit-based), pone en peligro el sueño Americano de los inmigrantes. La determinación del Presidente Trump para renovar el sistema migratorio de América parece no tener límite. La reforma migratoria bajo la administración de Trump inicia con una propuesta para volver a … [Read More...]
Louisiana strikes down one of the last remaining Jim Crow laws
Louisiana’s justice system is moving into the 21st century after voters struck down one of the last remaining Jim Crow laws allowing juries to convict people with split verdicts, according to NOLA. com/The Times-Picayune. Louisiana was the only state in the nation where a verdict of 11-1 or 10-2 from a 12-person jury could result in a person receiving a … [Read More...]
Judges balk at President’s immigration policy changes
Some judges are balking at immigration policy changes ordered by the Trump administration. The new policies include having immigration judges speed up their cases to meet quotas or face being fired The New York Times reported Sept. 7. The objections involve a series of changes that the judges’ bosses in the Justice Department say are aimed at chipping away at a backlog of 732,730 … [Read More...]
Marsy’s Law measure to expand victims’ rights
A ballot measure meant to expand the rights of victims of crime passed in six more states in November, according to an article by Forbes. Known as “Marsy’s Law,” the measure gives victims certain rights, including notice of criminal proceedings related to the crime and presence at those proceedings. “It is gratifying to know that innocent victims of crime in these six states will … [Read More...]
President Trump’s federal appointments lack diversity
President Donald J. Trump has secured lifetime appointments for dozens of federal judges who do not represent the diversity of the American public, according to an article by NPR. The Republican-controlled Senate has confirmed President Trump’s nominations for a group of judges that consists mostly of White men. “Of his 48 appellate nominations, none are African- American,” said Vanita … [Read More...]
Jueces federales y estatales buscan prohibir los arrestos en los juzgados
En un esfuerzo para garantizar la seguridad de la comunidad inmigrante en los tribunales de justicia, ex-jueces estatales y federales solicitan al Immigration & Customs Enforcement (ICE) la prohibición de arrestos en las cortes de justicia. Escuelas, hospitales, y lugares de adoración han estado prohibidos para los oficiales federales de inmigración por 25 años. Ahora un grupo de … [Read More...]
La nueva ley conocida como 1170 beneficiará a muchos internos en prisiones de California
Español Casi todos los prisioneros del Departamento de Correcciones y Rehabilitación (CDCR) de California pueden ser elegibles para que un tribunal reconsidere y reduzca su sentencias, por medio de recomendaciones del liderazgo de CDCR, o de las agencias de las fuerzas del orden, acuerdo al Código Penal de California 1170 (d). Reglamentos de las prisiones describen el procedimiento en … [Read More...]
Argument against solitary fails US Supreme Court review
The U.S. Supreme Court has rejected a challenge to solitary confinement, but Justice Sonia Sotomayor sharply criticized prisons limiting outside exercise time. “It should be clear by now that our Constitution does not permit such a total deprivation in the absence of a particularly compelling interest,” Sotomayor wrote in her opinion, Courthouse News Service reported Oct. … [Read More...]
Bondsmen seek to overturn SB 10
A coalition of bondsmen has gathered signatures seeking to overturn California’s bail reform law, according to the San Francisco Chronicle. The coalition said it submitted 200,000 more signatures than the 365,888 verified registered voter signatures required to place the repeal on the 2020 state ballot. “The bail industry and its corporate insurance backers have spent millions qualifying … [Read More...]
Wake Forest University gains experience with Prison Letter Project
Wake Forest University law students are providing North Carolina prisoners legal help through its Prison Letter Project and gaining experience in the process. The letter program is a part of the school’s Pro Bono Project. The school’s law library is the only publicly accessible law library between the state capitol and the Tennessee border. “We’re not allowed to give them legal advice … [Read More...]
Federal judge rules Houston officials intentionally destroyed evidence
When Houston city officials erased crucial data from top police commanders’ computer drives, they intentionally destroyed evidence, a federal judge has ruled, according to the Houston Chronicle. The evidence is believed to be relevant to a 2016 class-action lawsuit that accuses officials of false imprisonment when people were jailed for days following warrantless arrests between January 2014 and … [Read More...]
Risk assessment tools designed against youth offenders
Risk assessment tools designed to decrease prejudice in sentencing may be causing discrimination toward youth offenders, reports Wendy Sawyer for the Prison Policy Initiative. These risk assessment tools score people based on many factors that can add to risk, including criminal history and age. Judges use them when sentencing, and parole boards rely on them to determine parole … [Read More...]
CA court orders new board hearing for youth offender William Palmer
A California State Court of Appeal ruled that the Board of Parole Hearings (Board) denied parole without considering the youth of William Palmer, who committed kidnapping for robbery as a juvenile. The court ordered the board to give Palmer a new parole hearing and consider his age at the time of the crime. “Considering the Board’s statutory obligation to give “great weight” to those (youth) … [Read More...]
Canadians favor death penalty
A Canadian newspaper editorial cites a 2016 survey that says 58 percent of Canadians favor the return of the death penalty. The editorial board of the Ottawa Sun took issue with Amnesty International Canada (AIC) criticizing Florida’s use of the death penalty. Canada abolished capital punishment in 1976 — the same year the U.S. Supreme Court reinstated the death penalty. The last execution … [Read More...]
La crisis en Honduras obliga a muchos ciudadanos a emigrar
La crisis humanitaria que se vive en honduras ha obligado a una caravana de hondureños a iniciar su éxodo hacia los Estados Unidos. La pobreza, desempleo y la violencia, son algunas de las razones principales por las cuales los inmigrantes están abandonando su país. “La mayoría de los integrantes de la caravana tienen en mente una nueva vida en los Estados Unidos,” informó The New York … [Read More...]
Youths held in juvenile detention on the decline in US
The number of youths held in juvenile detention is declining in the United States. The total number of youths in confinement declined 58 percent over the period of 2000 to 2016, while the number of facilities holding youths in custody dropped 42 percent in the same time period, according to “Juvenile Residential Facility Census Databook,” a 2018 report from the U.S. Department of … [Read More...]
Brown signed two laws giving the public more access to police records
In 2017, police officers shot and killed 172 people in California. The police didn’t have to make public any records that could help distinguish between self-defense and murder. Recently Gov. Jerry Brown signed two laws that give the public increased access to police records. “Californians have a right to know when officers are dishonest, use deadly force,” said Sen. Nancy Skinner ( D-Berkeley) … [Read More...]
Nevada Supreme Court rules prisoners not receiving healthy food
Prisoners of Nevada filed a lawsuit claiming food provided by the state is unhealthy. The state Supreme Court agreed with prisoners in their ruling that prison officials are not providing a healthy diet, according to NevadaAppeal.com. Prisoner Robert Stockmeier’s lawsuit contended corrections officials failed to report that the diet wasn’t healthy, failed to show standards for determining … [Read More...]
Sovereign citizen avoids paying taxes and ends up in contempt
A tax protester has been held in federal prison for contempt of court more than a year after he refused to respond to an IRS summons, the Dallas News reports. Federal court reported the summons was issued by U.S. District Judge Reed O’Conner ordering Ronald Conner, a 55-year-old truck driver, to answer questions about his finances and provide records to begin the collection … [Read More...]
State v. Gregory ruled unconstitutional
Abolition of the death penalty is likely in the near future, a constitutional law professor says. “The American death penalty lurched one step closer to its eventual demise” because of a Washington State Supreme Court decision in October, Garrett Epps wrote in an article for The Atlantic. “In State v. Gregory, the state court held that the death penalty, as imposed in the state of Washington, … [Read More...]
Class action over surrendered Access MP3 players
The Florida Department of Corrections (FDOC) is facing a lawsuit from at least one inmate, and possibly a class action suit involving scores of other inmates, all of whom were forced to surrender their legally purchased MP3 files and media players to FDOC authorities, according to Ben Conark of the Florida Times- Union. In February, inmate William Demler, age 74, who is incarcerated at the … [Read More...]
Incarcerated women bringing #MeToo movement to prisons
Women on the outside are doing their work to bring incarcerated women into the #MeToo movement. According to a piece from The Fire Inside, the newsletter for the California Coalition of Women Prisoners (CCWP), more than 80 percent of incarcerated women are survivors of sexual abuse or violence. The piece asserts that the threat of sexual abuse increases when women are behind bars and usually these … [Read More...]
Accidental overdoses prosecuted as felony-murder under new laws
Two months after her fiancé’s funeral, Kimberly Elkins pleaded guilty to manslaughter. Elkins, now 49, used fentanyl to deal with chronic pain. One day, she shared a fentanyl patch with her fiancé, Aaron Rost, and they overdosed. She woke up that night, but he didn’t. She was sentenced to four years in prison in Minnesota for his death, according to the New York Times. “I struggle really hard … [Read More...]
CDCR issues new regulations for non-violent three-strikes offenders
California set a nationwide trend in sentencing reform when, in 2012, voters passed an initiative that reduced the sentences for non-violent three strikers. The result: thousands of prisoners serving life sentences got out of prison. Other initiatives in 2014 and 2016 chipped away at the Three Strikes Laws. Thousands more prisoners earned release. The latest development comes from an appeals … [Read More...]
SB 1437 eliminates felony-murder rule
Due to a change in the felony-murder rule, starting Jan. 1, codefendants will no longer automatically be considered guilty of murder for participating in crimes such as armed robbery. The law is retroactive. On Sept. 30, with a stroke of his pen, Gov. Jerry Brown made Senate Bill 1437 the law. The bill presented by Senator Nancy Skinner (D-Berkeley) states that prosecutors can no longer hold … [Read More...]
Cómplices ya no serán considerados automáticamente culpables de asesinato
A partir del 1 de Enero del 2019, debido a un cambio en la regla de asesinato agravado, los cómplices ya no serán considerados automáticamente culpables de asesinato por participar en crímenes como el robo a mano armada. La ley es retroactiva. El 30 de Septiembre, el Gobernador Jerry Brown convirtió la Proposición 1437 del Senado en ley. La proposición presentada por la Senadora Nancy Skinner … [Read More...]
Mental health bomb-shell report on care inside state prisons
The chief psychiatrist of California’s prison system is accusing state officials of misleading both a federal court and lawyers for prison inmates fighting to improve mental health care inside state prisons, according to court documents. Dr. Michael Golding sent the 160-page report to the court-appointed federal receiver overseeing reforms inside California prisons. Golding filed the report … [Read More...]
Arizona crisis for low-level drug offenders
Arizona is wasting millions of dollars by imprisoning low-level drug offenders and failing to treat drug addicts, a recent report concludes. “Arizona imprisonment crisis removes thousands of people from the economy and costs tax- payers more than $1 billion each year (for the state Department of Corrections budget)-preventing the state from investing in other critical priorities like education, … [Read More...]
New CA laws may erase pot convictions
If other counties follow San Francisco’s lead, district attorneys’ offices across the state can erase pot convictions under California’s new legal marijuana laws. “Our vision is to help government clear all eligible criminal records starting with convictions under Prop. 64,” said Jennifer Pahlka, executive director of Code for America, a non-profit with the goal of making government more … [Read More...]
Thay đổi mới trong luật cố sát
Vì sự thay đổi trong luật cố sát, bắt đầu vào ngày 1 tháng 1 năm 2019, các đồng phạm liên quan với hung thủ thật sự sẽ không còn bị kết tội giết ngừơi vì tham gia vào những trọng tội chẳng hạn như đánh cướp bằng vũ khí. Luật này sẽ bao gồmtấtcảcácvụáncũ. Vào ngày 30 tháng 9 năm 2018, Thống Đốc Jerry Brown đã ký và biến SB 1437 thành luật. Đạo luật này được viết bởi Thương Nghị Sĩ Nancy Skinner … [Read More...]
Senator and author share challenge of passing SB 1437
It’s hard to get laws changed, even harder to make any revisions applicable to people already serving their time, nevertheless Senator Nancy Skinner (D-Berkeley) retroactively transformed California’s felony-murder law with the help of the Re:store Justice organization and others. “Retroactivity was the hardest part, yet it was essential because how can we fix the law, how can we tell people … [Read More...]
Courts may be better than parole board at determining parolee risk
When a court orders the release of a lifer on parole, statistics show the parolee does not return to prison. But when the Board of Parole Hearings (BPH) releases a lifer, some wind up back behind bars. Why this discrepancy exists remains a mystery, but it is confirmed by recently released statistics from the California Department of Corrections and Rehabilitation (CDCR). Some inmates serving life … [Read More...]
Como expresar remordimiento
Sugerencias de como mostrar remordimiento. Cuando se trata de expresar remordimiento muchos de nosotros, (lifers), fallamos en la manera que lo expresamos ante la Junta de Audiencias de la Prisión (el Board of Prison Hearings [BPH]) y en lo que en realidad los comisionados quieren escuchar. Aunque verdaderamente sintamos remordimiento. Por lo tanto muchos reclusos deben de hacer una … [Read More...]
Immigrant requests for asylum face four year backlog
President Donald Trump’s immigration enforcement program is failing due to a four-year asylum hearing backlog, an opinion article in The Hill contends. It is the immigration enforcement program’s policy to deport undocumented im- migrants to their country of origin, unless they express a “credible fear” of returning. An asylum officer assigned to the claim determines whether “credible fear” is … [Read More...]
Facial recognition technology poses privacy issues
New facial recognition technology may be used to target returning citizens. “A little knowledge is a dangerous thing,” warns the Brookings Institute in a TechTank blog by Nila Bala and Lars Trautman. Most recent news stories focus on the facial recognition technology’s mistakes. For example, the ACLU conducted a test of Amazon’s new technology “Rekognition,” and the software misidentified 28 … [Read More...]
Suit alleges Tennessee neglected diabetic inmates
Tennessee’s largest prison, Trousdale Turner Correctional Facility, now faces three lawsuits filed on behalf of prisoners suffering from diabetes. The inmates were allegedly unable to access insulin during prison lockdowns, the Nashville Tennessean reported. In a prisoner complaint form, inmate Douglas Dodson described several nights during a three-week lockdown during which he and about 60 … [Read More...]
Texas warden demoted after instituting quotas
A Texas warden was demoted and transferred following the discovery of a disciplinary quota scheme used in the Ramsey Unit of the Texas prison system, as reported by the Houston Chronicle. The Texas Department of Criminal Justice terminated more than 500 disciplinary cases after an investigation revealed that four state facilities implemented a disciplinary quota in which officers were required to … [Read More...]
Servicemen sentences overturned
Two servicemen on military Death Row had their sentences overturned this summer, reports the Death Penalty Information Center (DPIC). U.S. Air Force veteran Andrew Witt and Vietnam War veteran Robert Fisher both had attorneys who failed to present mitigating evidence of mental health issues and trauma in their initial trials. Witt was sentenced in 2005 for murdering an airman and his wife. After a … [Read More...]
Oklahoma has highest incarceration rate in U.S.
Oklahoma has passed Louisiana as the state with the highest incarceration rate in the country, a new study reports. Oklahoma’s incarceration rate is 1,079 per 100,000 population. Louisiana’s is 1,052 per 100,000, the Prison Policy Initiative study reported in May. The Associated Press story reported Oklahoma also incarcerates at a higher rate than all countries with a population of at least … [Read More...]
New technology aids police oversight
New technology exposes an old and persistent problem of the criminal justice system — false testimony by the police. “Behind closed doors, we call it testilying,” a New York City police officer, Pedro Serrano, told The New York Times. “You take the truth and stretch it out a bit.” Policing experts anticipate that access to smartphones, security cameras and police body-cams would greatly reduce … [Read More...]
Fentanyl more lethal than other opioids
Deaths related to the opioid fentanyl tripled in California between 2016 and 2017, according to a new report. “We’re really on high alert,” Rachael Kagan, spokeswoman for the San Francisco Department of Health, told Soumya Karlamangla of the Los Angeles Times. Fentanyl has historically been less present in California than other parts of the United States. Experts say that’s because most heroin … [Read More...]
Bills pending in the CA legislature
AB 665 — Veterans who were convicted of a felony prior to January 1, 2015 who may have suffered various PTSD or other emotional issues as the result of their service to petition for a recall of sentence under specified conditions. This bill passed the legislature but is currently held in the Senate Appropriations Suspense file, pending budgetary action to provide funds for implementation. SB 1242 … [Read More...]
Marijuana convictions can be erased
If other counties follow San Francisco’s lead, district attorneys’ offices across the state can erase pot convictions under California’s new legal marijuana laws. “Our vision is to help government clear all eligible criminal records starting with convictions under Prop. 64,” said Jennifer Pahlka, executive director of Code for America, a non-profit with the goal of making government more … [Read More...]
SQ holds symposium addressing immigration
A symposium held at San Quentin State Prison discussed how restorative justice should shape U.S. immigration policy. “The first step is our country taking accountability—a lot of the reasons why people are fleeing violence in their countries is because of what this country has done,” said guest speaker Nayeon Kim, a paralegal who works on immigration issues for the Lawyers Committee for Civil … [Read More...]
1,475 immigrant children lost
Months before the most recent border-crossing crisis, CNN reported that the Office of Refugee Resettlement (ORR) was unable to locate nearly 1,500 immigrant children it had placed with sponsors in 2017. The Office of Refugee Resettlement reached out to 7,635 unaccompanied children in the final months of last year to check on them, but they could not “deter- mine the whereabouts of 1,475 children.” … [Read More...]
Unarmed killing sparks deadly force law conversation
‘Under current law, an officer can assume they are armed, and kill them if they flinch’ The questionable killing of Stephon Clark, an unarmed Black man in Sacramento, by a barrage of police bullets may be the catalyst to raising the legal threshold on when police can use deadly force. The police responded to a car break-in. They chased Clark into his dark backyard. An officer shouted “gun” and … [Read More...]
Suit alleges GEO operates ‘deadliest immigration center’
Eight Central American refugees have filed a federal lawsuit against the GEO Group, and the city of Adelanto in Riverside, reports Robert Kahn for Courthouse News Service. The lawsuit alleges that the GEO Group operates the “deadliest immigration center in the country,” and subjected persons locked up to inhumane treatment and abuses, such as assault and battery, pepper-spray attacks, intentional … [Read More...]
Sex registry wrongly labels children
The goal of the sex registry is to prevent sexual assault, but it is not working, according to a Reason Magazine article by Lenore Skenazy. A child is more likely to end up on a sex registry than to be molested by someone on it. “Only a tiny fraction of sex crimes against children are committed by people who are on the registry,” according to George Mason University sociologist Roger Lancaster, … [Read More...]
Prosecutors accepting guilty pleas: no executions
It’s now been four years since a Georgia jury handed down a death sentence. In the majority of the capital punishment cases, prosecutors are allowing the alleged suspect to enter a guilty plea in exchange for a life-without-parole sentence, reported Bill Rankin in The Atlanta Journal-Constitution. Many of Georgia’s district attorneys still strongly support capital punishment. According to state … [Read More...]
Trump wants $1.2 billion to lock up more illegals
President Trump is asking for $1.2 billion to add 15,000 more beds to private prisons to lock up illegal immigrants. California detention centers have run out of space to detain immigrants, AZPM News reported May 29. Immigration and Customs Enforcement (ICE) reports that detention centers for immigrants were up more than 40 percent from the past year. Attorney General Jeff Sessions has ordered his … [Read More...]
Pipeline protester takes plea deal
Standing Rock activist Red Fawn Fallis recently accepted a federal plea deal in order to avoid facing trial for the attempted murder of a police officer that took place at a Dakota Access Pipeline protest, according to the website unicornriot.ninja. Authorities claim that Fallis fired three shots at them during her arrest while protesting against construction of the North Dakota pipeline in … [Read More...]
Overworked Texas correctional officers adopted unsafe practices
Mentally exhausted correctional officers practiced unsafe work habits, which led to the murder of a correctional officer and inhumane treatment of inmates at Telford maximum-security prison in Texas. Understaffing forces the officers to cut corners and work too much overtime, according to sources of The Texas Tribune. The prison has the state’s highest rate of assaults on staff and following the … [Read More...]
Largest private prison population
The United States has the world’s largest private prison population, according to a study by The Sentencing Project. The study compares America’s growing private prison industry to government-run prisons and found that increased profiting from incarceration is tied to prison building, inmate population growth, and lower wages for guards, which resulted in decreased institutional safety. According … [Read More...]
Kentucky voting rights may change for ex-felons
Kentucky’s practice of permanently stripping away the voting rights of citizens convicted of felonies may soon change, according to Attorney Ben Carter in an opinion-editorial in The Courier-Journal. Currently three states, Florida, Kentucky and Iowa, permanently strip voting rights. Only Vermont and Maine do not strip voting rights at all. All the other states temporarily strip voting … [Read More...]
India adopts capital punishment for child rape under twelve
In April, India passed a law permitting the death penalty for rape of a child under 12, reigniting an international debate over capital punishment. In India, only four people have been executed in the past 13 years. Three of those executed were convicted of terrorism and one for rape of a minor, Chaitanya Mallapur reported for the Business Standard News. Sentence Of the 109 prisoners sentenced to … [Read More...]
Inadequate diet for the month of Ramadan
Muslims in Alaska and Washington state prisons are having a hard time fulfilling one of the pillars of their religion: fasting during the month of Ramadan, according to articles in the Juneau Empire and Huffington Post. Two federal courts have ruled in favor of the Muslim inmates who have filed lawsuits in both states, alleging inadequate meals and feeding during Ramadan. Lawsuits were filed by … [Read More...]
Florida Corrections considers replacing visits
The Florida Department of Corrections (DOC) is considering limiting inmates’ visits, claiming that there is not enough funding to cover the amount of staff it takes to oversee jail visiting rooms. According to the Tampa Bay Times, the DOC in Florida is allowing a private contractor to implement a program that will charge inmates and their families a fee to have video phone calls to their … [Read More...]
Drones over prisons
After years of trying to keep drones from flying over South Carolina prisons, an unmanned aircraft with four propellers whizzed up several hundred feet in the air at the unveiling of the corrections officials’ plan to use drones to watch prisoners, according to the US News and World Report. “I think you’re seeing the future of corrections, right here,” said Department of Corrections Director Bryan … [Read More...]
Technology makes your smart phone a snitch
A tech-tidal wave is hitting the criminal justice system, transforming faces into license plates and your smart phone into a snitch. These new technologies allow criminal-justice systems unparalleled surveillance capacity of vast amounts of data. The Economist magazine anticipates the future in the technology report “Justice Data Detectives.” DATA FOR DETECTIVES Technology has changed the … [Read More...]
Court order gives defense lawyers a raise
Court-appointed lawyers in Wisconsin are getting a raise in an order meant to address a chronic lack of attorneys willing to take on public defense cases. In May, the Wisconsin Supreme Court ordered that private attorneys assigned to defend cases must be paid $100 an hour—up from $70—beginning in 2020. While defense lawyers welcome the higher rate they say it may not reach far enough, as the … [Read More...]
Cell phones being monitored in jails and free world alike
The government spies on incarcerated citizens who use illegal cellphones in correctional facilities. Those aren’t the only people government officials spy on. They are also listening to and tracking free citizens, according to Criminal Legal News (CLN). The technology used is called a cell-site simulator, also called a “stingray.” This device directs a cellphone to connect to it instead of a cell … [Read More...]
Kern Valley upgrades smoke detection equipment
Kern Valley State Prison (KVSP) is the latest California facility to upgrade its smoke detection technology to improve the safety of inmates and staff. Traditional in-duct smoke detectors are prone to accumulate dirt and dust that can cause the fire detection system to malfunction and issue false alarms. This can become such a nuisance that officers begin to ignore the alarms or disconnect them … [Read More...]
Fast-food blunder sends Kentucky narc to prison
A fast-food receipt exposed a Kentucky police detective’s corruption and led to the investigation that shutdown the drug task force, the Louisville Courier Journal reported. The detective served five months in jail. Kyle Willett went through a McDonald’s drive thru, purchased sweet tea and a cheeseburger, and then went to work. Outside a UPS global shipping hub, he took a package to his car, tore … [Read More...]
Virginia disputes ACLU charges of harsh solitary
The solitary confinement program in Virginia’s prisons is chastised in a new ACLU report for its inhumane conditions, according to the Washington Post. Disciplinary segregation, special housing and administrative segregation are also considered to be solitary confinement by the ACLU. “It simply doesn’t matter what you call it. The impact of the practice on people is exactly the same,” said Claire … [Read More...]
Vegan meals could be an option
All 35 of California’s prisons may have the option to serve its 120,000 inmates vegan meals if Senate Bill 1138 passes, said CBS Sacramento. State Sen. Nancy Skinner, D-Berkeley, revealed legislation that ensures California inmates, and those in hospitals and nursing homes, the option to choose whether they want to eat meat or plant-based meals. The bill would require prisons to change their … [Read More...]
Trump pardons legendary heavyweight champ Jack Johnson
In May, President Trump pardoned Jack Johnson, the legendary first black world heavyweight boxing champion. His legacy had been tarnished by a racially-tainted criminal conviction from 1913. An all-White jury convicted Johnson under the Mann Act, a law that barred transporting women and girls across state lines for sex. He had travelled with a white woman across state lines and served 10 months … [Read More...]
Public safer when released inmates supported
With 95 percent of people in America’s prisons and jails getting out eventually, a new study finds that public safety benefits by reuniting them with their families, helping them with housing, employment, and healthcare. An Overview of Offender Reentry found that family ties provide the “greatest tangible and emotional support to offenders as they reenter the community. Former offenders who are … [Read More...]
Supreme Court grants new trial based attorney’s assertion of client’s guilt
The U.S. Supreme Court has ordered a new trial, despite evidence of the man’s guilt, in a case where the defendant testified he is innocent while his lawyer argued he is guilty. Robert McCoy was charged with three counts of murder in Louisiana. The three victims were his estranged wife’s family members. Lewinston police apprehended McCoy in Idaho a few days later. McCoy pleaded not guilty and … [Read More...]
FBI Stings entangle victims and perpetrators
Under the guise of stopping sexual predators and human trafficking, the FBI coordinates annual sting operations with local law enforcement agencies. The FBI states its “primary goal is to recover children” through Operation Cross Country (OCC), an operation it has conducted for over a decade. The line between victim, bystander or perpetrator is blurry for these operations, states Reason … [Read More...]
Reform policies have cut down on overcrowding
Prison construction and overcrowding is down due to the State of California implementing smart and effective prison reform policies, reports Californians for Safety and Justice (CSJ). “The long overdue task of replacing ineffective over-incarceration with smart justice in the nation’s most populous state is finally underway,” CSJ reports. Data collected from the study show a 10 percent drop in … [Read More...]
Plea bargain challenges are not barred to defendant
The U.S. Supreme Court has ruled that plea bargains do not prohibit defendants from challenging the constitutionality of their convictions. The decision held that even though a guilty plea waives a defendant’s right to appeal their case or challenge the sentence, it does not waive their right to question the state’s right to charge them in the first place. Criminal Legal News reported the case as … [Read More...]
More women and mothers winding up behind bars
As the female population behind bars continues to rise nationally, so does the number of mothers. Consequently, their children face traumatic and lengthy separations from their primary caregiver, according to a report in the Chicago Tribune. “When you incarcerate women, you incarcerate the whole family,” said Lavette Mayes, a woman who spent more than a year in Cook County Jail because she had no … [Read More...]
More inmates taking meds for mental health issues
The number of offenders in county jails on psychotropic medications increased 25 percent in 45 California counties in the past five years, reports California Health Policy Strategies (CHPS) for Kaiser Health News. The Kaiser Health News report shows that a shortage of community-based treatment centers have made county jails a warehouse for mentally ill people. A separate report by the Council On … [Read More...]
Lack of felons’ ability to vote strips away fundamental rights
A campaign is under way to restore voting rights to convicted felons, according to The Wall Street Journal. “Let’s fight to stop this nonsense,” said Damon Stackhouse, a 41-year-old New Jersey native, who was eager to cast a ballot during the previous midterm elections but later learned under state law, because he’s still on parole, he could not vote. Stackhouse had a decade-old conviction of … [Read More...]
Fewer re-entry resources for poor and people of color
Poor people and people of color have fewer resources to deal with mental and physical health problems when released from prison, The Atlantic reported. Instead of having measures to help the vulnerable manage their well-being, society punishes those battling addiction and mental health issues with more time in prison, exacerbating the problems further, the story stated. “African American families … [Read More...]
Prison death a mystery after year-long investigation
One year and a transparent investigation later, the death of inmate James Leonard Acuna remains undetermined. Acuna’s decomposing body had been found in a cell he shared with another inmate at Richard J. Donovan Correctional Facility, at least two days after he passed, reported Patch. “The fact [Acuna] made bad choices and was paying his debt to society doesn’t mean he should have been neglected,” … [Read More...]
139 prisoners nationwide were exonerated in 2017
Ledura Watkins spent more than 41 years in a Michigan prison before being cleared of a murder he did not commit. He was just one of 139 exonerations in 2017, according to a recent report. Texas and Illinois led the nation with the most exonerations, 23 and 21 respectively, according to The National Registry of Exonerations. California had nine exonerations for that year. Most were handled by … [Read More...]
Voting rights for people with criminal convictions
Who in California currently has the right to vote? Eligible voters are citizens of the United States, 18 years of age or older as of Election Day. But, what if you’ve been arrested or have a conviction? “Many Californians mistakenly believe a criminal conviction keeps them from voting. Politicians bet on that fact to win elections,” according to the American Civil Liberties Union (ACLU). So, … [Read More...]
New bill keeps youth offenders out of adult prisons
Human Rights Watch (HRW) continues to back legislation that gives youthful offenders a second chance at life after committing serious crimes. Most recently, law changes in California have allowed offenders who were under age 25 when they committed the crime to seek a sentence review after serving between 15 and 25 years— depending on the category of crime. HRW is now working on new legislation … [Read More...]
Use of force bill underway
State Sen. Nancy Skinner (D-Berkeley) plans to introduce a bill that would require the public disclosure of investigations of serious uses of force within police departments, including police shootings. Some of the most rigid laws that block the public from police personnel records are in California. California’s rules are so tough that last year a state appellate court ruled the Los Angeles … [Read More...]
Prison reform could free 30,000 inmates says CSJ
A series of criminal justice reforms, if adopted, would allow California to return 30,000 inmates to their communities. Each year, California spends a combined $20 billion in state prisons and county jails, according to Safe And Sound: Strategies To Save A Billion In Prison Costs And Build New Safety Solutions, a report by Californians for Safety and Justice (CSJ). “That’s a 500 percent increase … [Read More...]
Private prison labor in question
In Washington, D.C., a group of 18 Republican congressmen are trying to convince the Trump administration to shield private prisons from lawsuits alleging immigrant detainees are forced to work for a wage of $1 a day, The Washington Post reported. At least five lawsuits have been filed against private prisons, including The GEO Group and CoreCivic, over issues including detainee compensation. … [Read More...]
Pregnant prisoners shackled
Pregnant female prisoners – even those in the midst of labor – must suffer the indignity and discomfort of mandatorily being shackled and handcuffed by San Diego County Sheriffs, according to a recent Voice of San Diego news article. “Drug-overdose deaths drove a decline in U.S. life expectancy in 2016 for the second year in a row…” THE WALL STREET JOURNAL Dec. 21, 2017 2013 legislative bill … [Read More...]
Mississippi’s approach to ‘making America safe again’
Jackson, Mississippi’s approach to making America safe again mandates that any conviction that involves possession of a firearm in the commission of a crime should result in a five-year enhancement of federal prison time. Project EJECT is the means by which U.S. Attorney Michael Hurst executed his plan to remove violent offenders from communities, reported the Jackson Free Press. “Today is a new … [Read More...]
Lawsuit alleges Sheriffs misused food funds
Stories about Alabama sheriffs getting rich off of money allocated for jailed inmates’ food have sparked a lawsuit by two advocacy group, according to WBRC FOX6 News. “Our ultimate goal is to make sure money earmarked for jail food is spent on jail food,” said Frank Knaak, executive director of Appleseed Center for Law and Justice, one of two organizations that brought the suit. “There have been … [Read More...]
Florida’s prison commissary prices “highway robbery”
Outside advocacy groups joined with Florida’s prisoners in a protest called Operation PUSH to bring attention to the state’s long history of overcharging for basic canteen items, while simultaneously underpaying its inmate workforce, reported a PolitiFact Florida article. “One case of soup on the street costs $4,” PUSH said in an anonymous website statement. “It costs us $17 on the inside. This … [Read More...]
China furloughs 1,300 pre-screened inmates
Roughly three decades after a furlough program was retired, the Chinese Ministry of Justice granted some prisoners a temporary release to attend family reunions with their loved ones for the country’s Spring Festival holiday in February, according to the China Daily. Approximately 1,300 prisoners from 300 penitentiaries around the country were screened to participate in the release … [Read More...]
Libertad condicional ya possible
California esta experimentando un aumento en el número de presos que reciben su libertad condicional, informo un Reporte de la Universidad de Stanford. La tasa de concesión de libertad condicional incremento de un 8 a un 25 por ciento entre los años 2008 y 2015. “El Comité de Audiencias (Board Parole Hearing), ha sido percibida como un medio para controlar la población en las prisiones estatales”, … [Read More...]
FAMM supports resentencing
Support is growing for criminal justice reforms, a leader in the movement reported. “There is a general understanding across the country that too many people are going to prison for too long, and that is a consensus that wasn’t there 10 years ago,” Julie Stewart said in an interview with The Crime Report. “We are headed in the right direction.” Stewart is founder of Families Against Mandatory … [Read More...]
Prop 47 savings underestimated
California Governor Jerry Brown’s 2016-17 budget underestimates the promise of Proposition 47 by over $100 million, according to the Legislative Analyst’s Office. Proposition 47 reclassified certain nonviolent drug and petty-theft related offenses from felonies to misdemeanors. The money supposedly saved was intended to enhance rehabilitation efforts at the county level. Brown’s 2016-17 budget … [Read More...]
News Quotes November 2017
“There were more than 61,250 technical parole violators in 42 state prison systems as of early 2017,”reports The Marshall Project. Seven states, Arkansas, Georgia, Illinois, Kentucky, Missouri, New York and Pennsylvania, have more technical violators than the remaining 35 states combined. ttp:/www.themarshallproject.org/2017/04/23 Los Angeles Police Department doled out almost $81 million … [Read More...]
Transgenders get new items
A federal judge has ordered California prisons to provide certain transgender inmates special female items for free, reports the Christian Post. Currently, female transgender inmates in men’s prisons are allowed to have sandals, T-shirts and walking shoes, and to purchase specialty undergarments. U.S. District Judge Jon Tigar’s order extended that list to include nightgowns and scarves. The order … [Read More...]
Right to Police Transparency
Eric Garner’s high-profile death has led to an increase in police transparency due to the New York City Police Department agreeing to settle a freedom of information request lawsuit. Garner was selling loose cigarettes on Staten Island when Officer Daniel Pantaleo used a chokehold that killed Garner. “The department’s approach to transparency had been under public scrutiny. … There has long been … [Read More...]
New Sex Offender Registry limits
Gov. Jerry Brown has signed a bill that allows low-level sex registrants to be removed from a lifetime law enforcement registry. The new law will keep violent offenders on the list, reports the San Francisco Chronicle. Under the new law, 90 percent of the state’s sex registrants will no longer be required to register as sex offenders for life. The measure is Senate Bill 384 by Sen. Scott Wiener, … [Read More...]
Sacramento County jails targeted by the Prison Law Office
Suit alleges systemwide deficiencies lead to mistreatment of prisoners The Prison Law Office and Disability Rights California attorneys filed a federal law- suit last year alleging mistreatment of inmates and poor jail conditions in the Sacra- mento County jails, according to The Sacramento Bee. In this lawsuit it is alleged that the county jail is understaffed and fails to provide adequate … [Read More...]
US Appeals Court rules on deportable convictions
For the purpose of deportable convictions, a carjacking conviction in California does not always qualify as a violent crime, according to a recent federal court decision. The United States Court of Appeals Ninth Circuit held that carjacking under California Penal Code 215(a) does not qualify as a crime of violence under federal law because the state statute does not require “physical force capable … [Read More...]
Tulsa county jail’s mental health pod a step in the right direction
The Tulsa, OK, county jail used to place their mentally ill inmates in the same bare cells as everyone else. Now, the jail sports a new mental health pod, where some of those inmates can access a more relaxed and therapeutic environment, according to a report from the Tulsa World. That is a step up, proponents say, but it’s not a solution. The root of the problem, David Van Risseghem of the … [Read More...]
Trump’s federal staff cuts hurt
President Trump initiated a hiring freeze and applied federal staff cuts that have appeared to be counterproductive to correction officers, staffers and prisoners. Since January 2017, when the hiring freeze came into effect, there have been 6,000 positions cut nationwide, according to a VICE News article. The current inmate-to-correctional officer ratio has nearly doubled from 4.4 to 1 in 2015 to … [Read More...]
Transgender suing Massachusetts challenging placement all-male prison
A transgender woman is suing the Massachusetts Department of Correction for requiring her to serve her sentence in an all-male prison. In the lawsuit, the 52-year-old inmate alleges she was groped and taunted by inmates and correctional officers, reports Jezebel. According to the Boston Globe, the suit states that the inmate—identified only as Jane Doe—“has been subjected to constant humiliation.” … [Read More...]
USSC rules bail hearings undocumented immigrants
The U.S. Supreme Court in early March ruled 5 to 3 in the case of Jennings v. Rodriguez that the Immigration and Nationality Act does not permit regular bail hearings for undocumented immigrants detained by U.S. immigration officials, according to The Atlantic. The five justices of the majority ruled that the Immigration and Nationality Act statute does not permit bail hearings for immigration … [Read More...]
Several new policies to help hire formerly incarcerated
In spite of the negative stigma of a felony conviction, new policies developed by local, state and federal officials will encourage employers to hire the formerly incarcerated, according to a Rand Corporation report. Policies such as “Ban the Box,” certificates of rehabilitation, the federal Work Opportunity Tax Credit (WOTC) and Department of Labor Reintegration of Ex-Offender grants, even with … [Read More...]
NY’s pilot inmate package program not well received
Earlier this year, New York state suspended a pilot program forcing families of inmates to buy from a limited number of private vendors when sending care packages to their loved ones. New York began its own private care package pilot program at the start of the year at Taconic, Greene, and Green Haven Correctional Facilities. The plan was to extend it to all state facilities, according to a … [Read More...]
New 50-bed mental health facility in Southern California
The state’s prison system plans to build a new 50-bed mental health facility in Chino for Southern California inmates. ICE reported “24,476 of the 185,507 inmates in the federal Bureau of Prisons system were not citizens…” THE NEW YORK TIMES Dec. 22, 2017 Working, drawing and preliminary plans are budgeted in at $3.6 million and will probably be completed at the end of 2019,” Bill Sessa, spokesman … [Read More...]
Massachusetts Republican governor signs criminal reform
Republican Gov. Charlie Baker has signed a major criminal justice reform bill that had overwhelming Republican and Democratic support, reported Boston Herald. “This is a huge victory for justice and shows what we can accomplish together,” said State Senator Sonia Chang-Diaz, (D-Boston). “Years and years of advocacy by community leaders, legislators and powerful Black and Brown grassroots … [Read More...]
Lawsuit challenges mandatory checks for SHU inmates
California lawsuits are challenging frequent mandatory checks of inmates in Security Housing Units, claiming they cause unconstitutional health problems according to a California Patch article. “It’s torture,” said Penny Schoner, who attended a February rally in San Francisco in support of the prisoners. “If you were in a cell 24 hours day and being awoken every half hour night and day, what could … [Read More...]
Former prisoner files sexual harassment suit
A former female prisoner at the Denver Women’s Correctional Facility has filed a federal sexual harassment civil claim against Colorado prison officials and her former supervisor, the Denver Post reported. The supervisor left his job but was never charged with the assaults, Susan Ullery reported in the legal filings. More than a third of millennial say that if a man compliments a woman’s looks it … [Read More...]
Florida reduces in-person visits with more video
Florida never seems to pass up the opportunity to make a bad situation worse, according to the Tampa Bay Times. Are prison video calls a convenience or a scheme to make money for prison officials? Florida ignores criminal justice reform and spends around $2.4 billion annually on its prison system, which in this situation means reducing in-person visits, according to Times columnist John Romano. … [Read More...]
Female correctional officers win lawsuit for hostile work environment
Female correctional officers have won a $20 million settlement of a lawsuit claiming sexual harassment and a hostile work environment in federal prisons. The settlement also includes 20 pages of procedural changes to improve employee safety, including improved training about sexual harassment, better monitoring for processing incident reports, and removing front pockets from inmate clothing to … [Read More...]