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The Cornell Prison Education Program: An Overview

Serving the Central New York and Finger Lakes region, the Cornell University Education Program provides college-level instruction to prison inmates who meet the program’s requirements. Cornell faculty and graduate students teach prisoners at the Auburn Correctional Facility and the Cayuga Correctional Facility. Cayuga Community College accredits the earned degrees and confers Associate’s Degrees on inmates

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The Differences Between Apprendi and Alleyne

Approved and Edited by Craig M. Coscarelli

Preliminary Statement:

Since the June 17, 2013 release of Alleyne v. United States, 133 S. Ct. 2151 (2013) by the Supreme Court of the United States, there has been much discussion about the differences between

Apprendi v. New Jersey, 530 U. S. 466 (2000) and Alleyne. Of course, the main discussion centers around retroactivity. I believe that the excellent work and research done by Tommy Walker and his law students below dispels any doubt that Alleyne is retroactive.

Introduction:

The Sixth Amendment provides that those “accused” of a “crime” have the right to a trial “by an impartial jury.” This right, in conjunction with Due Process, requires that each element of a crime be proved to the jury beyond a reasonable doubt. In Re Winship, 397 U.S. 358 (1970). The substance and scope of this right depend upon the proper designation of the facts that are elements of the crime.

In Alleyne , the Supreme Court dropped a big bombshell on state and federal sentencing regimes. By holding, that any facts that increase the prescribed range of penalties to which a criminal defendant is exposed are elements of the crime. This is an important decision that has been a long time coming.

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Sen. James Eldridge Goes to Washington

By Jean Trounstine Senator James Eldridge (D-Acton) was the only lawmaker in the U.S. who answered the presidential challenge to be an “Open Government and Civic Hacking” champion of change. Late last week, he and others were recognized at the White House in a day-long event with presenters from all across the country who submitted

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Overview of North Carolina’s Prison Education Programs

Like many other states, North Carolina’s approach to prison education is multi-tiered and varied.  With inmates coming from different backgrounds, cultures, and educational levels, the population of NC prisoners has access to many programs suited to their needs.  Not only does the North Carolina Department of Corrections offer basic adult education to inmates, but they

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Securing The Right Transfer in the Federal Bureau of Prisons

Initial Designation at a Federal Bureau of Prisons Facility Federal prisoners are not given a choice in which prison they are first designated to. This designation is made by the Federal Bureau of Prisons (BOP) Designation and Sentence Computation Center (DSCC) in Grand Prairie, Texas. Initial designation determinations are based upon a number of factors.

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Virginia Prisoner Pardoned After Accuser Admits She Lied

By Prison Legal News

Everyone in Virginia’s criminal justice system knew that Johnathan Christopher Montgomery was innocent of the crimes for which he’d been convicted.

His accuser had recanted her testimony and admitted she lied to police about being molested by Montgomery more than a dozen years earlier. And yet the state continued to deny him his freedom until an advocacy organization for the wrongly convicted petitioned for his release.

Finally, on November 20, 2012, more than four years after he was sent to prison for aggravated sexual battery and lesser charges – and two days before Thanksgiving –Montgomery was conditionally pardoned by Virginia Governor Bob McDonnell and walked out of the Greensville Correctional Center.

“The truth sets you free,” Montgomery told reporters outside the facility.

His accuser, Elizabeth Paige Coast, had told police that Montgomery sexually abused her in 2000 when she was 10 years old and he was 14 and lived across the street from Coast’s grandmother in Hampton. Coast invented the story, she reportedly told investigators, because she was embarrassed and panicked when her parents caught her looking at pornographic websites.

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Tom Clements Death: Prison Officials Acknowledge Chief's Death Tied To Solitary Confinement Policies

By Dianne Frazee-Walker

Tom Clements, Chief Executive Director of Colorado Corrections was known by his friends, family, and affiliates as a compassionate man, dedicated to changing how Colorado Corrections deals with violent inmates locked away into solitary confinement for of lengthy periods of time.  Photo courtesy thedenverchannel.com

Clements had strong aspiration to do what it takes to build safe communities in Colorado. He was a visionary who foresaw how creating programs for inmates who are released from solitary confinement to society is connected to lowering recidivism rates, resulting in crime free neighborhoods.

Clements was a former director of operations for Missouri’s twenty-one adult correctional institutions and overall management of 30,500 incarcerated offenders since 2007. He served in statewide leadership roles within the adult probation and parole system and in Missouri’s adult correctional institutions system until he was hired by Colorado Governor John Hickenlooper in 2010 as Chief Executive Director of Colorado Corrections.  

When Governor Hickenlooper made the decision to hire Clements he announced, “Tom Clements has built a distinguished career working his up through the ranks in the Missouri corrections system.”

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My Life With Lifers: Book Review

By Dr. Elaine J. Leeder

Book review by John E. Dannenberg

Dr. Elaine Leeder, Dean of the of the School of Social Sciences at Sonoma State University, offers a concise, compassionate view of the life and psyche of California prisoners serving term-life sentences. After a long career that has included volunteering to teach prisoners in New York State, and, later, for a decade in San Quentin State Prison, Dr. Leeder has blended her deeply personal humane support of the underdog with her expertise as a sociologist to show that people “thrown away” by society upon being convicted of murder are still people, capable of rehabilitation and eager for the chance to gain the tools for reintegration into society through intensive education while incarcerated.

My Life with Lifers chronicles Dr. Leeder’s interaction with life-sentenced prisoners at San Quentin in a round table discussion group she leads at the facility, called “New Leaf on Life.” Each month, Dr. Leeder brings a guest speaker – a professor or student – to lead the group in discussion on a topic far removed from prison life. The speaker engages the lifers’ minds in thought processes that take them to new levels – daring them to learn, interact in dialogue and yearn to learn more. Many of the prisoners also participated in college-level classes offered by volunteers from a local private university.

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Overview of New Mexico’s Prison Education Programs

The New Mexico prison system takes a comprehensive view of prison education. Its educational programs are governed by the New Mexico Corrections Department Education Bureau.  The bureau works in conjunction with other agencies, organizations, and the community to ensure that prisoners have the opportunity to obtain vocational and academic skills.  The aim of their programs

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Oregon Prisoner Wages Legal Fight to be Executed

By Prison Legal News

As previously reported in PLN, on November 22, 2011, Oregon Governor John Kitzhaber imposed a moratorium on the death penalty for the remainder of his term in office. In doing so he canceled the scheduled execution of Gary Haugen, 50, who had waived his appeals and asked to be put to death. [See: PLN, Dec. 2012, p.47].

Haugen initially praised Governor Kitzhaber’s decision, saying the news was especially gratifying given that he had repeatedly criticized, at court appearances and in letters, some of the same flaws in capital punishment that Kitzhaber cited when imposing the moratorium, which the governor said was arbitrary, costly and “fails to meet basic standards of justice.”

Upon further reflection, however, Haugen’s praise and gratitude turned to spite. “I feel he’s a paper cowboy. He couldn’t pull the trigger,” Haugen said. Governor Kitzhaber “basically pulled a coward’s move” in granting the reprieve, he stated.

While Haugen said he agreed with the moratorium, he criticized the governor’s decision to temporarily stop executions without implementing reforms. “You’re not going to execute people, but you’re going to continue to allow people to litigate in a broken system?” he asked, referring to the 37 other prisoners who remain on Oregon’s death row, pursuing their appeals.

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