Search results matching tag 'Legal Issues'

Religious Discrimination in Prisons

Sandy Schilling — Wed, 10 Sep 2008 15:46:00 GMT

The U.S. Commission on Civil Rights conducted a briefing in early 2008 to discuss religious discrimination and prisoner rights. The report, Religious Discrimination in Prisons, includes:

Introductory Remarks by Chairman
Speakers' Presentations
PANEL 1 - Free Exercise of Inmates' Religious Rights vs. Prison Security
PANEL 2 - Free Exercise of Inmates' Religious Rights vs. Church State Separation
Questions by Commissioners and Staff Director
Adjourn Briefing

U.S. Urged to Halt Execution of Five Mexican Nationals by World Court

CC Pro — Wed, 16 Jul 2008 18:32:00 GMT

The International Court of Justice, also known as the World Court, has requested the United States halt the execution of five Mexican nationals on death row in Texas until their cases can be further reviewed. Mexico is arguing that the U.S. is in defiance of a 2004 ruling by this court that found these and other individuals were unlawfully denied access to their country's consulate after their arrests, as provided by international treaty. In March of 2008, the U.S. Supreme Court sided with Texas when it ruled that President Bush had "overstepped his authority when he ordered a court in the state of Texas to reopen the case of a Mexican on death row for rape and murder..." In the majority opinion, the Chief Justice wrote "the international court decision can not be forced upon states." It is the contention of the current administration that the World Court lacks jurisdiction in this matter.

Supreme Court Rules on Lethal Injection Method

CC Pro — Wed, 16 Apr 2008 20:03:00 GMT

The most common method used in lethal injection executions in the United States has been upheld by the Supreme Court. A constitutional challenge was made regarding the State of Kentucky's use of the three drugs that sedate, paralyze and, finally, kill inmates. The argument against the three-drug protocol was that if the initial drug failed to sufficiently sedate the inmate, the administration of the other two drugs could result in excruciating pain which the inmate could not express due to paralysis.This method of execution is employed by approximately three dozen states. Executions have been on hold since September 2007 when the high court agreed to hear the Kentucky case.

U.S.Sentencing Commission Revisits Crack Cocaine Sentencing

CC Pro — Wed, 12 Dec 2007 17:50:00 GMT

The U.S. Sentencing Commission, which sets guidelines for federal prison sentences, voted unanimously "to allow some 19,500 federal prison inmates, most of them black, to seek reductions in their crack cocaine sentences." Eligible inmates would receive no more than a two-year reduction. While the commission has made this recommendation, federal judges will have the final word on any sentence reductions. Further information here and here.

Georgia High Court Overturns Residency Restrictions on Sex Offenders

CC Pro — Wed, 28 Nov 2007 20:39:00 GMT

In a unanimous decision, the Georgia Supreme Court struck down a state law that placed a ban on where registered sex offenders could reside. The law, one of the most restrictive in the nation, forbade registered sex offenders from "living within 1,000 feet of of schools, churches or any other place where children might congregate, including more than 150,000 school bus stops in the state." The ban was in effect even if a school or a church established itself in an area where an offender was already living. The Court ruled the statute was so restrictive it unconstitutionally deprived the offender of their property rights and violated "Fifth Amendment prohibitions against the public taking of private property without compensation." The state legislator who originally sponsored the measure has promised to introduce a re-drafted version of the law when the state legislature convenes in January 2008.

Executions by Lethal Injection May Be Halted Until Supreme Court Rules

CC Pro — Thu, 01 Nov 2007 15:39:00 GMT

The Supreme Court will decide, before its scheduled July recess, the question of whether the mixture of "three drugs used to sedate and kill prisoners has the potential to cause pain severe enough to violate the constitutional ban on cruel and unusual punishment." The high court agreed last month to accept a case challenging the lethal injection procedures of the State of Kentucky. Similar procedures are currently in place in three dozen other states. The effect may be that most, if not all executions will be halted until this ruling. Full article.

Constitutional and Case Law for Jail Administrators

Sandy Schilling — Tue, 02 Oct 2007 20:55:00 GMT

The National Institute of Corrections has just released "Jails and the Constitution: An Overview, Second Edition". This is authored by William C. Collins, an experienced and knowledgeable attorney in correctional law. Mr. Collins truly cares about our jails and will sometimes even respond to posts in our Corrections Community. The sections included in this document are:

Introduction
History of Court Involvement
Corrections & the Constitution in the New Century
The Constitution and the Physical Plant
Understanding Section 1983 Lawsuits
How the Courts Evaluate Claims: The Balancing Test
The First Amendment
The Fourth Amendment
The Eighth Amendment: Overview
The Eighth Amendment: Use of Force
The Eighth Amendment: Medical Care
The Eighth Amendment: Conditions of Confinement
The Fourteenth Amendment
Consent Decrees
Some Final Thoughts
Glossary
Some Final Cases

I believe this is an item you will want to read from cover to cover. This is another tool to keep your facility and staff free from correctional litigation.

Supreme Court Examines Sentencing Law in California

CC Pro — Fri, 13 Oct 2006 16:55:00 GMT

Does a judge have the authority to impose additional time to a prison sentence based on facts the jury never considered? What would be the impact on California's prison system? This is the issue before the Supreme Court in Cunningham v. California, 05-6551. Article.