News

Rep. Bobby Scott leads the push to reduce mandatory federal sentences

By Peter Dujardin, [email protected]

NEWPORT NEWS — A federal lawmaker from the Peninsula is helping to lead a bipartisan effort to reduce minimum sentences for non-violent drug crimes, which he and other backers say will translate into fewer prisoners and large cost savings.

U.S. Rep. Robert C. “Bobby” Scott, D-Newport News, is the lead co-sponsor of the legislation, the “Smarter Sentencing Act.” It was introduced in the House of Representatives on Wednesday, with a companion bill introduced in the Senate in July.

“Mandatory minimums have been studied for a long time,” Scott said in an interview Thursday. “And all these studies conclude that mandatory minimums fail to reduce crime, waste the taxpayers’ money, and often require the judges to impose sentences that violate common sense.”

The legislation would also increase the number of defendants eligible for a waiver that allows judges to sentence particular defendants below the minimums. That is, the bill would allow that “safety valve” to be available for people with more on their criminal records than is now the case.

Reducing the number of people jailed for drug crimes — and giving more sentencing discretion to judges — has become a bipartisan push in both houses of Congress.

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International Men’s Day: Call To Action For Women

NEW YORK, NY (USA) – 14 October 2013 – In observance of 2013 International Men’s Day which will be celebrated in over 70 nations throughout our global village under the theme, “Keeping Men And Boys Safe”, Raising Great Men™ has issued a “Call To Action To Women” to support the emotional and mental well-being of

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Goodbye zero tolerance: Program aims to cut 'school-to-prison pipeline'

By Miranda Leitsinger, Staff Writer, NBC News BOSTON, Mass. – At Charlestown High School, where many students come from high-crime neighborhoods, an innovative program employs a surprising method to help keep teens in school and out of trouble with the law: Encouraging them to talk to each other. On one recent Friday, nine students gathered

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Survey Finds Disturbing Trends in Childhood Violence, Racial Dynamics for Juvenile Lifers

By Prison Law Blog

An overwhelming majority of prisoners serving life
sentences without parole for crimes committed as juveniles were exposed to
domestic violence and lived in poverty, while significant numbers failed in
school, were influenced by friends in trouble with the law and grew up in a
home missing at least one parent who was incarcerated, according to a report by
The Sentencing Project.

The report, based on the most comprehensive survey to
date of prisoners serving life sentences for crimes they committed as
juveniles, calls for the elimination of life without parole (LWOP) sentences
for juvenile offenders. The report also recommends a closer inspection of the
racial dynamics of the juvenile justice system, which imposes LWOP sentences on
black youths at an alarmingly higher rate than on white youths.

“Juveniles serving life sentences have had their
lives defined by a serious crime committed in their youth, but it is not a
complete picture of who they are,” wrote Ashley Nellis, Ph.D., a research
analyst for The Sentencing Project and the report’s author.

“Although it does not excuse their crimes,”
she added, “most people sent to prison for life as youth were failed by
systems that are intended to protect children.”

Researchers for The Sentencing Project collected data
from 1,579 juvenile lifers across the United States between October 2010 and
August 2011. The average time served by the prisoners surveyed was 15 years,
and almost a fourth had been incarcerated at least 21 years.

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J. Jondhi Harrell Will Discuss Prisoner Re-Integration

PHILADELPHIA, PA (USA) – 6 OCTOBER 2013  He is a Thought Leader on Social Justice and Reintegration issues, a dynamic voice in the National Dialogue on Mass Incarceration, and the Founder and Executive Director of The Center For Returning Citizens (www.tcrcphilly.org).  He is Mr. J. Jondhi Harrell.  Mr. Harrell will be a featured guest on a

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Trunk Space to Host Benefit

By Alejandra Armstrong After an exhausting week, Jessica Robinson met friends for sushi Friday, Sept. 5, 2008. And while waiting for a table at the restaurant, Robinson had a drink. She had another at the table, then had a sip of beer but didn’t drink anymore because she knew she would be driving. Robinson drove

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National Dialogue on Mass Incarceration

From Diane A. Sears

PHILADELPHIA, PA (USA) – SEPTEMBER 26, 2013 — A National Dialogue on Mass Incarceration will take center stage at the Joseph Priestley District’s Racial Justice conference, at the Unitarian Society of Germantown, 6511 Lincoln Drive, Philadelphia, Pennsylvania on Sunday, November 3, 2013 in the form of a “Teach In”.  Image courtesy Diane A. Sears

The “Teach In” will occur on Sunday afternoon from 12:30 P.M. through 4:30 P.M.   A stellar line-up of participants headlining  the event include Eric Sterling, author and President of the Criminal Justice Policy Foundation in Washington, D.C.; Mark Boyd, Esquire, President and Chief Executive Officer of Goodwill Industries of Southern New Jersey and Philadelphia; Michael E. Erdos, a sitting judge in the Court of Common Pleas for the City of Philadelphia; Portia Hunt, Ph.D., Professor of Counseling Psychology in Temple University’s Department of Psychological, Organizational & Leadership Studies in Education;  and J. Jondhi Harrell, a Social Justice and Reintegration Thought Leader and Founder and Executive Director of The Center for Returning Citizens.  A condensed presentation and discussion of “Broken On All Sides,” an award winning and nationally acclaimed film produced by Matthew Pillischer, Esquire will precede the panels.

Panels and “breakout” groups will allow participants to interact with formerly incarcerated persons who have established themselves in society or are presently engaged with turning their lives around and those of their colleagues.  

Mr. Harrell, a Temple University MSW student, and major architect of the forum, said he was pleased that the Teach-In will “bring together legal professionals, ‘returning citizens’ creative thinkers on Mass Incarceration, social justice; reintegration educators, social entrepreneurs, legislators, religious and academic institutions, social service professionals and providers, health care professionals and providers, and concerned citizens throughout the region who have key pieces of the  puzzle to resolve issues directly and indirectly related to the New Jim Crow in the United States.”

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The Center for Legal Studies

By Dianne Frazee-Walker 

The Center for Legal Studies (CLS), founded by an attorney in 1980, is a 33-year-old nationwide legal education company that provides Live Lecture, Online, DVD, and Text-Only flexible curriculums for inmates or the public. Upon finishing a course students earn a certificate of completion from one of 150+ participating accredited colleges and universities throughout the country.   Image courtesy www.merchantcircle.com

From California to New York – Montana to Texas; 51 college and universities that partner with CLS offer the “Text Only” versions, specifically designed for inmates. These correspondence courses enable an incarcerated student to take a variety legal education courses without the use of computers or on-site instructors. Opportunities are available for students to gain exceptional legal training and earn certificates from well named schools from just about anywhere in the country.

Two leading universities have paved the way for text-only education directed towards incarcerated students. Adams State University located in Alamosa, Colorado (ASU), and Ohio University in Athens, Ohio (OU) have taken special interest in marketing the text-only division.  ASU offers CLS’s courses as part of a degree program which if a student qualifies would enable them to utilize Federal Student Aid. Ohio University was the first college to develop “College for the Incarcerated” and exclusively markets CLS courses as well as many other courses that are custom-tailored for inmates.

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AG’s Memorandum on Mandatory Minimums and Recidivist Enhancements

By Christopher Zoukis

There has been a lot of talk recently about the Department of Justice either declining to charge or waiving more severe charges for those involved in certain nonviolent, low-level drug cases.  The rumors inside federal prison have run the gambit from the new policy being retroactive to it only affecting those with gun convictions, both of which are categorically incorrect.  In matters of law and policy, it is always best to learn the truth from official U.S. Government documents or directly from judicial opinions, not hearsay, summaries, or third party opinions.

As a service to the Prison Law Blog readers, enclosed below is the memorandum from U.S. Attorney General Eric Holder concerning the new policy revisions which his office has put into play.  We implore you to review this memorandum as it clarifies the DOJ’s position on this matter and shows how federal prosecutors will be applying the new guidelines to applicable offenders.  By reading the memorandum, you can understand exactly who it applies to and how federal prosecutors can use it in certain cases.

The memorandum reads as follows:

MEMORANDUM TO THE UNITED STATES ATTORNEYS AND ASSISTANT ATTORNEY GENERAL FOR THE CRIMINAL DIVISION

FROM: THE ATTORNEY GENERAL

SUBJECT: Department Policy on Charging Mandatory Minimum Sentences and Recidivist Enhancements in Certain Drug Cases

In Alleyne v. United States, 133 S.Ct. 2151 (2013), the Supreme Court held that any fact that increases the statutory mandatory minimum sentence is an element of the crime that must be submitted to the jury and found beyond a reasonable doubt. This means that for a defendant to be subject to a mandatory minimum sentence, prosecutors must ensure that the charging document includes those elements of the crime that trigger the statutory minimum penalty.

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