Category Archives: Justice Reform

Scathing Report on Arizona’s Criminal Justice System.

14 Sunday Dec 2014

Posted by in Arizona Court of Appeals, Criminal Law, Evidence, Justice Reform, Murder

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Case Tossed Vs. Debra Jean Milke, Woman Held 22 Years In Son’s Death, by Jacques Billeaud and Bob Christie, Huff Post Crime

http://tinyurl.com/ogkwpc5

In a scathing critique of Arizona’s criminal justice system, a state appeals court on Thursday ordered the dismissal of murder charges against a woman who spent 22 years on death row for the killing of her 4-year-old son.

The Arizona Court of Appeals leveled harsh criticism against prosecutors over their failure to turn over evidence during Debra Jean Milke’s trial about a detective with a long history of misconduct and lying. The court called prosecutors’ actions ‘a severe stain on the Arizona justice system.’

A three-judge panel of the appeals court said it agreed with Milke’s argument that a retrial would amount to double jeopardy.

The failure to disclose the evidence ‘calls into question the integrity of the system and was highly prejudicial to Milke,’ the court wrote. ‘In these circumstances — which will hopefully remain unique in the history of Arizona law — the most potent constitutional remedy is required.’ . . .

14 Saturday Jun 2014

Posted by in Criminal Law, Justice Reform

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Reducing Recidivism: States Deliver Results, Justice Center, The Council of State Governments

http://tinyurl.com/psqclq8

In Reducing Recidivism: States Deliver Results, the National Reentry Resource Center (NRRC) highlights eight states that have achieved reductions in statewide recidivism in recent years: Colorado, Connecticut, Georgia, North Carolina, Pennsylvania, Rhode Island, South Carolina, and Wisconsin. The report focuses on statewide recidivism data for adults released in 2007 and 2010 with a three-year follow-up period, offering a current snapshot of criminal justice outcomes in these states. The report also features examples of recidivism-reduction strategies and programs that the states have undertaken in this timeframe, as well as additional data on the state’s criminal justice populations through 2013. . . .

Recent Court Rule Changes For Minnesota Courts.

14 Saturday Jun 2014

Posted by in Appellate Law, Court Rules, Courts, Criminal Law, Justice Reform, Minnesota

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Recent Rule Orders, Minnesota Judicial Branch

http://www.mncourts.gov/default.aspx?page=511#recentRules

The Minnesota Courts have been busy. Below you will see rule changes that are already in effect. Others will be in effect in the near future. For those practicing in the Minnesota appellate courts, state civil and criminal courts, and juvenile courts, this is a “must read.” -CCE

 

 06-12-2014 (Effective July 1, 2014) Supreme Court Promulgates Amendments to the Rules of Juvenile Protection Procedure and the Rules of Adoption Procedure.

03-10-2014 (Effective July 1, 2014)  Court of Appeals Issues Standing Order Regarding Paper Copies of Briefs

02-28-2014 (Effective July 1, 2014) Supreme Court Issues Standing Order Regarding Paper Copies of Briefs

02-28-2014 (Effective July 1, 2014) Supreme Court Promulgates Amendments to the Rules of Civil Appellate Procedure

12-31-2013 (Effective December 31, 2013) Supreme Court Promulgates Amendments to the Minnesota Code of Judicial Conduct

12-06-2013 (Effective July 1, 2014) Supreme Court Promulgates Amendments to the Minnesota State Board of Continuing Legal Education

12-03-2013 Supreme Court Orders Amendments to General Rules Of Practice for the District Courts. Except with respect to Minn. Gen. R. Prac. 304.02 and 304.03, the amendedments are to be effective immediately. The amendments to Minn. Gen. R. Prac. 304.02 and 304.03 are to be effective on January 1, 2014.

09-18-2013 (Effective immediately) Supreme Court Promulgates Amendments to the Special Rules of Procedure Governing Proceedings Under the Minnesota Commitment and Treatment Act

08-06-2013 (Effective immediately) Supreme Court Promulgates Amendments to the Student Practice Rules

07-24-2013 (Effective immediately) Supreme Court Promulgates Amendments to the Rules Governing Civil Actions, Forms 145.1 and 145.2

06-13-2013 (Effective September 16, 2013) The Supreme Court Amends Order Promulgating Amendments to the Rules of Practice for the District Courts regarding mandatory eFiling and eService.  The effective date has been amended to September 16, 2013.

06/07/2013 (Effective September 1, 2013) Supreme Court Promulgates Amendments to the Rules of Practice for the District Courts regarding Mandatory E-Filing and E-Service

05/08/2013 (Effective July 1, 2013)  Supreme Court Adopts Amendments Authorizing Expedited Civil Litigation Track Pilot Project

03/15/2013 (Effective July 1, 2013) Supreme Court Promulgates Amendments To The Rules Of Continuing Legal Education and Rules on Lawyer Registration Creating An Emeritus Lawyer Program

03/04/2013 (Effective May 1, 2013) Supreme Court Promulgates Amendments to the Student Practice Rules

02/12/2013 (Effective July 1,2013) Supreme Court Promulgates Corrective Amendments to the Rules of Civil Procedure and General Rules of Practice Relating to the Civil Justice Reform Task Force.

02/04/2013 (Effective July 1, 2013) Supreme Court Adopts Amendments to the Rules of Civil Procedure and General Rules of Practice Relating to the Civil Justice Reform Task Force.

01/17/2013 (Effective February 1, 2013) Supreme Court Promulgates Amendments to the Rules for Admission to the Bar Regarding Uniform Bar Examination and Rule 4B

01/17/2013 (Effective February 1, 2013) Supreme Court Promulgates Amendments to the Rules for Admission to the Bar Regarding House Counsel Pro Bono

01/17/2013 (Effective February 1, 2013) Supreme Court Promulgates Amendments to the Rules of Criminal Procedure Amending Rule 23.05

10/15/2012 (Effective December 1, 2012) Supreme Court Promulgates Amendments to the Rules of Juvenile Delinquency Procedure Authorizing ECourtMN Pilot Project

 

Justice Department’s Attempt To Reduce Sexual Assault in Prisons. Will It Work?

17 Saturday May 2014

Posted by in Criminal Law, Department of Corrections, Justice Reform, Prison Elimination Reform Act, Sexual Assault

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Sentenced to Wait: Efforts to End Prison Rape Stall Again, by Joaquin Sapien, ProPublica

http://tinyurl.com/n7oytlp

Texas prison inmates report being raped at some of the highest rates in the country, and the problem only seems to be worsening: The three most recent reports issued by the U.S. Department of Justice show stubbornly high levels of reported sexual assault.

But late last month, Texas Gov. Rick Perry wrote a letter to U.S. Attorney General Eric Holder signaling that he’d rather lose federal funds for corrections than comply with new rules under the Prison Rape Elimination Act requiring states to substantially improve detection and prevention of sexual assaults in prisons. . . .

Seeking Solutions To Reduce Recidivism.

30 Wednesday Apr 2014

Posted by in Criminal Law, Justice Reform

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The Utah Association Of Counties Explores Solutions To Reduce Recidivism, by Will Engelhardt, Policy Analyst, Justice Center, The Council of State Governments

http://tinyurl.com/mhzeblr

In January 2014, the Utah Association of Counties invited national experts to lead a training event on recidivism reduction for its members. Council of State Governments Justice Center (CSG Justice Center) Director Michael Thompson and Jake Horowitz of The Pew Charitable Trusts’ Public Safety Performance Project presented on national research on and trends in recidivism reduction, tracking recidivism rates, and the role of community-based behavioral health care services in reducing recidivism. The daylong event, entitled ‘One and Done: Four Strategies to Reduce Recidivism in Utah’s Prison System,’ brought together more than 60 representatives from Utah’s county and state governments to discuss issues related to recidivism.

The event offered an opportunity for criminal justice policymakers from around the state to connect and share insights about challenges facing counties in Utah.  Policymakers also discussed potential strategies to address these challenges at the state level using the bi-partisan, data-driven justice reinvestment approach, as well as employing a targeted, county-level research-based effort. . . .

Obama’s New Clemency Initiative.

27 Sunday Apr 2014

Posted by in Clemency, Criminal Law, Department of Corrections, Justice Reform

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Three Things Obama’s New Clemency Initiative Doesn’t Do, by Kara Brandeisky, ProPublica

http://tinyurl.com/lury8bw

Today [April 23, 2014], the Department of Justice outlined expanded criteria that could allow prisoners convicted of non-violent crimes to win early release from prison. Under the new initiative, the Office of the Pardon Attorney will fast-track commutation applications from inmates who have served more than 10 years for non-violent offenses and who were well-behaved while imprisoned.

As part of the shift, the department is replacing Pardon Attorney Ronald Rodgers. Two years ago, we reported that Rodgers had failed to provide critical information to the White House in urging denial of a commutation for Clarence Aaron, a model prisoner who served nearly 20 years for a small role in a drug deal. . . .

South Carolina’s Shocking History of Neglect and Abuse In Its Prison System.

12 Sunday Jan 2014

Posted by in Criminal Law, Department of Corrections, Justice Reform

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When Good People Do Nothing: The Appalling Story of South Carolina’s Prisons, by Andrew Cohen, The Atlantic (with hat tip to Terri LeClercq!)

http://tinyurl.com/nucntkb

‘[W]hen good people do nothing’ is a timeless moral question, indeed.

One could say the same thing about the citizens of the state of South Carolina, who stand condemned today by one of their own. On Wednesday, in one of the most wrenching opinions you will ever read, a state judge in Columbia ruled that South Carolina prison officials were culpable of pervasive, systemic, unremitting violations of the state’s constitution by abusing and neglecting mentally ill inmates. The judge, Michael Baxley, a decorated former legislator, called it the “most troubling” case he ever had seen and I cannot disagree. Read the ruling. It’s heartbreaking.

Oklahoma Governor and Politicians Squash Latest Attempt For Justice Reform.

08 Wednesday Jan 2014

Posted by in Criminal Law, Government, Justice Reform, Open Records Act

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Special Report: How Actions by Governor’s Staff Led to Weakened State Justice Reforms, by Clifton Adcock, Oklahoma Watch

http://tinyurl.com/mp9xr7q

Oklahoma’s incarceration rate is one of the highest in the nation. Oklahoma incarcerates the most women in the United States and is the third highest state in incarceration of men. According to Oklahoma’s Big Brothers Big Sisters, which recently lost its federal funding to its Mentoring Children of Prisoner’s Program, 27,000 children in Oklahoma have one or both parents in prison today. The concern over Oklahoma’s increasing prison population and ripple effect on its citizens makes this latest lost opportunity even more discouraging. -CCE

Note: Oklahoma Watch is offering this detailed, 4,500-word story on events that led up to changes in the state’s most significant justice-reform effort in recent history. With Oklahoma having some of the nation’s highest incarceration rates, hopes soared in 2012 among leaders and residents when the Justice Reinvestment Initiative was signed into law. Others viewed it skeptically. Newly released records reveal what happened in state government that led to a weakening of the original plan for implementing the reforms.

Behind-the-scenes moves by Gov. Mary Fallin’s senior staff members helped lead to a severe weakening of a program designed to cut the state’s high incarceration rates and save taxpayers more than $200 million over a decade, according to interviews and records obtained by Oklahoma Watch.

The efforts by the governor’s staff, assisted by legislative leaders, to take control of the Justice Reinvestment Initiative took place during periods when staff members met with representatives of private prison companies, which stood to gain or lose depending on how the initiative was implemented, emails and logs of visitors to Fallin’s offices show.