Archive October 2016
All of the articles archived for the month that you have specified are displayed below.
Our Ph.Ds. in media criminology mislead:
While most people feel crime is increasing, crime is decreasing. The 2015 FBI data is out. While the 2015 US violent crime rate, a subset of the crime rate, increased by 3% over the last year, the overall crime rate nationally continues to decline.
Read all of Our Ph.Ds. in media criminology mislead:
Bosse v. Oklahoma: Eighth Amendment Ban on Victims' Relatives' Opinions about what Sentence a Capital Defendant Should Receive has not been "Implicitly Overruled"
The U.S. Supreme Court ruled Oct. 11 that lower courts are not free to assume that the high Court has “implicitly overruled” its holding in Booth that the Eighth Amendment bars admission of victims’ family members’ characterizations and opinions about the crime, the defendant, and the appropriate sentence.
Read all of Bosse v. Oklahoma: Eighth Amendment Ban on Victims' Relatives' Opinions about what Sentence a Capital Defendant Should Receive has not been "Implicitly Overruled"
Ask Allison - Sore Loser
It took me a minute to even put together what happened because her style was so flippant and it so mismatched the meaning of the actual words she was saying. Like someone announcing, “The cancer has spread to your brain” to the tune of “Happy Birthday.”
Read all of Ask Allison - Sore Loser
Why Does Incarceration = Dehumanization?
I see the two men in the holding cell handcuffed to one another, one urinating in a vile, metal toilet while the other looks away. I see the nearly dozen inmates linked together by waist chains paraded into the courtroom, a public display of their humiliation. I smell the pungent, gag inducing odor of the jail, a stench of food and confined human beings, a constant reminder of captivity.
Read all of Why Does Incarceration = Dehumanization?
When Did Defending the Constitution Constitute a Campaign Weapon?
“You’re often the second-most hated person in the county.” That’s what former Kentucky public defender George Sornberger used to say about representing clients charged with serious felony offenses, including capital offenses, in southern Kentucky. And it’s true.
Read all of When Did Defending the Constitution Constitute a Campaign Weapon?
Stand With Them: NAPD's New Podcast
The podcast is called Stand With Them and will explore heroes of the public defense world. I wanted listeners (hopefully, all of you) to feel inspired by the subjects of the podcast, ready and willing to rise up and stand with them, like the true heroes you all are.
Read all of Stand With Them: NAPD's New Podcast
Education and Impact Litigation: Advocating for Timely Re-Enrollment
In 2004, The Legal Aid Society of New York, Advocates for Children of New York and Dewey Ballantine LLP brought a federal class action lawsuit on behalf of New York City students ages 7-21 who were detained or placed in custody as a result of involvement with juvenile or adult court systems. The lawsuit, known as J.G. v. Mills, alleged that when these students were released from a court-ordered setting, they were denied timely re-enrollment in New York City schools or were warehoused in alternative settings and provided inadequate educational services.
Read all of Education and Impact Litigation: Advocating for Timely Re-Enrollment
Amicus Win: Doe v. Snyder
In a sweeping opinion written by Judge Alice Batchelder, the Sixth Circuit determined that the retroactive application of the residency, in-person registration, and internet disclosure provisions violates the ex post facto clause. Integral to the court’s decision was the determination that these restrictions are not remedial civil penalties, but instead constitute punishment.
Read all of Amicus Win: Doe v. Snyder
The Rise of Criminal Court User Fees in North Carolina (Part 3): Making the Machinery of Justice Work for All
For at least the last two decades, the unconscionable rise of costs, fines, and fees in criminal court has led many in the indigent communities around this State and the country to believe that monetary enrichment, not due process, is the goal when the poor are forced to pay for “the machinery of justice.”
Read all of The Rise of Criminal Court User Fees in North Carolina (Part 3): Making the Machinery of Justice Work for All
The Supreme Court of Pennsylvania Establishes a Sixth Amendment Right to a Pre-trial Challenge to Systemic Underfunding of Public Defender Offices
Kuren is most comprehensive ruling on remedial measures under the Sixth Amendment and should be considered a template for litigation in other jurisdictions. Counsel should also consider corollary theories for remedial measures, including a public defender’s ethical responsibility under state professional responsibility standards not to take more cases than can adequately be defended, a doctrine expressly recognized by the Supreme Courts of Missouri and Florida. See Pub. Defender v. State, 115 So. 3d 261 (Fla. 2013); State ex rel. Mo. Pub. Defender Commission v. Waters, 370 S.W.3d 592 (Mo. 2012).
Read all of The Supreme Court of Pennsylvania Establishes a Sixth Amendment Right to a Pre-trial Challenge to Systemic Underfunding of Public Defender Offices