ANOTHER MID-WEEK REMINDER of exciting DEPC and OJPC sentencing project: "Drafting Contest: An Ohio 'Second Look' Statute"
I warned in this initial posting that I would be repeatedly promoting an exciting new project from a partnership of the Drug Enforcement and Policy Center (DEPC) at The Ohio State University Moritz College of Law and the Ohio Justice & Policy Center (OJPC). The basic details are explained on this webpage, more background appears in this document, and here are the essentials:
via Blogger http://jehtroolewis.blogspot.com/2020/06/another-mid-week-reminder-of-exciting_11.html June 12, 2020 at 12:24AM
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Split Sixth Circuit panel vacates district court order to transfer vulnerable prisoners "out of Elkton through any means"
A few months ago, as detailed here, US District Judge James Gwin granted a preliminary injunction ordering federal officials to identify, and then start moving out, medically vulnerable prisoners from the Elkton federal prison in Ohio. Federal officials appealed this order to the Sixth Circuit, but a Sixth Circuit panel refused initially to stay it, and thereafter Judge Gwin issued this follow-up order which stated that "Respondents have made poor progress in transferring subclass members out of Elkton through the various means referenced in the Court’s preliminary injunction Order." The feds ultimately was able to get these actions stayed by the Supreme Court, and late yesterday a split Sixth Circuit panel vacated the injunction upon concluding, by a 2-1 vote, "that the district court abused its discretion in granting the preliminary injunction." This Politico piece, headlined "Appeals court nixes order to shrink prison rolls because of virus," provides a usefully summary of the nearly 30 pages of opinions:
Prior related posts:
via Blogger http://jehtroolewis.blogspot.com/2020/06/split-sixth-circuit-panel-vacates_11.html June 12, 2020 at 12:24AM
"Sentenced to Surveillance: Fourth Amendment Limits on Electronic Monitoring"
The title of this post is the title of this notable new paper authored by Kate Weisburd and recently posted to SSRN. Here is its abstract:
via Blogger http://jehtroolewis.blogspot.com/2020/06/sentenced-to-surveillance-fourth_11.html June 12, 2020 at 12:24AM
Two notable recent studies detailing connections between incarceration and community spread of COVID-19
One important theme of much COVID-era advocacy for decarceration efforts (early examples here and here and here) was that reducing the density of jails and prisons, and thereby slowing the spread of coronavirus, is critical not just for the well-being of incarcerated persons, staff and their families, but also for the communities and the general public around prison facilities. In recent days, I have seen these two interesting new studies that explore various connections between incarceration and local community spread of this harmful virus: Incarceration And Its Disseminations: COVID-19 Pandemic Lessons From Chicago’s Cook County Jail by Eric Reinhart and Daniel Chen:
Incarceration Weakens a Community’s Immune System: Mass Incarceration and COVID-19 Cases in Milwaukee Preliminary Results by Gipsy Escobar and Sema Taheri
via Blogger http://jehtroolewis.blogspot.com/2020/06/two-notable-recent-studies-detailing_11.html June 12, 2020 at 12:24AM
Big new Heritage report takes stock of DOJ's risk and needs assessment system resulting from FIRST STEP Act
The Heritage Foundation has this week released this new 30-page report authored by Charles Stimson that takes a close look at the risk and needs assessment system created by the Justice Department as required by the FIRST STEP Act. The title of the report captures its basic theme: "The First Step Act’s Risk and Needs Assessment Program: A Work in Progress." Here is a summary from this Heritage webpage:
And here is the conclusion of the full report:
via Blogger http://jehtroolewis.blogspot.com/2020/06/big-new-heritage-report-takes-stock-of_11.html June 12, 2020 at 12:24AM
Rounding up some carceral headlines and stories as COVID continues
With other criminal justice news grabbing more headlines these days, it is dangerously easy to forget the dire realities that persist as incarceration nation continues to confront a coronavirus pandemic. Here is a quick round-up of some recent headlines and stories to remind everyone that this tale is still unfolding in many particulars:
While the 11 pieces above report mostly disconcerting news, I will finish here with two pieces reporting more hopeful news from two states:
via Blogger http://jehtroolewis.blogspot.com/2020/06/rounding-up-some-carceral-headlines-and_11.html June 12, 2020 at 12:24AM
"Prosecutors and Their Legislatures, Legislatures and Their Prosecutors"
The title of this post is the title of this book chapter authored by Russell Gold recently posted to SSRN. Here is its abstract:
via Blogger http://jehtroolewis.blogspot.com/2020/06/prosecutors-and-their-legislatures_11.html June 12, 2020 at 12:24AM
[Eugene Volokh] Prof. Randall Kennedy (Harvard Law) on Accurately Quoting Racial Epithets
["For me, demands for silence, for avoidance, or for bowdlerization will be offered no deference."] Prof. Kennedy sent this letter to his Harvard colleagues and to Stanford law professors in the wake of the controversy about Stanford law professor Michael McConnell's quoting the word in a legal history class; and Prof. Kennedy graciously allowed me to post a copy here (some paragraph breaks added): Via Law http://www.rssmix.com/ via Blogger http://jehtroolewis.blogspot.com/2020/06/eugene-volokh-prof-randall-kennedy.html June 11, 2020 at 11:24PM
[Josh Blackman] Today in Supreme Court History: June 11, 1993
6/11/1993: Church of the Lukumi Babalu Aye v. City of Hialeah decided. Via Law http://www.rssmix.com/via Blogger http://jehtroolewis.blogspot.com/2020/06/josh-blackman-today-in-supreme-court_25.html June 11, 2020 at 11:24PM
[Josh Blackman] Today in Supreme Court History: June 11, 1993
6/11/1993: Church of the Lukumi Babalu Aye v. City of Hialeah decided. Via Law http://www.rssmix.com/via Blogger http://jehtroolewis.blogspot.com/2020/06/josh-blackman-today-in-supreme-court_11.html June 11, 2020 at 08:24PM |