Dr. Jake Davis “That teacher sucks. I didn’t learn anything!” Whoever says that takes no more personal responsibility for their progress than a baby bird waiting for his momma to drop a worm in his open mouth. Yes, some teachers suck. A few really suck. By definition, half of all teachers are below average. Don’t
By Derek Gilna
A lawsuit filed by a transgender federal prisoner in Massachusetts has resulted in the Bureau of Prisons (BOP) making appropriate medical care available “to [prisoners] who believe they are the wrong gender,” according to a May 31, 2011 memo issued to all BOP wardens. Previous BOP policy limited treatment of transgender prisoners to medical care that maintained them “at the level of [gender] change which existed when they were incarcerated.”
The prisoner who filed suit, Vanessa Adams, whose legal name is Nicholas Adams, had been diagnosed with Gender Identity Disorder (GID) in 2005 by medical professionals at the U.S. Medical Center for Federal Prisoners (USMCFP) in Springfield, Missouri.
Adams sought declaratory and injunctive relief under 28 U.S.C. §§ 2201 and 2202.
Her lawsuit noted that GID is a “recognized diagnosable and treatable medical condition listed in the American Psychiatric Association’s Manual of Mental Disorders (DSM-IV-TR).” Medically appropriate GID treatment options include providing patients with 1) hormones of the desired gender; 2) the “real life experience,” i.e. living full-time as the new gender; and 3) surgery to change the patient’s sex characteristics – often collectively referred to as “triadic therapy.”
According to her complaint, Adams “believed she was assigned the wrong gender,” which caused her “much emotional turmoil.” Those feelings intensified during her incarceration; she amputated her penis and attempted to castrate herself.
By Craig M. Coscarelli
INTRODUCTION:
On June 17, 2013, the U.S. Supreme Court hand down a remarkable 5-4 decision in Alleyne v. United States,( No. 11-9335) (S. Ct. June 17, 2013) wherein the Court held that [a]ny fact that increases the mandatory minimum is an “element” that must be submitted to the jury and found beyond a reasonable doubt. The money quote from the majority opinion was ” because there is no basis in principle or logic to distinguish facts that raise the maximum from those that increase the minimum, Harris was inconsistent with Apprendi. It is, accordingly, Overruled.” Alleyne, slip opinion, at page 15.
While the students of the law here at U.S.P. Lewisburg have not had time yet to fully study the Alleyne case, based on a much-to-quick first read, and first cut reaction, we have put together the below list of frequently asked questions addressing how we believe the Alleyne decision will impact your case.
1) Is Alleyne Retroactive?
Answer: Whether or not a new rule of law announced by the Supreme Court is to apply retroactively in criminal cases on habeas review for the first time depends largely on whether this rule is substantive or procedural.
Adams State University offers the following information about the Prison College Program, designed specifically for prisoners:
Welcome to the Adams State University Prison College Program. Here you will find information about what Adams State University can offer to incarcerated individuals. Image courtesy adams.edu
At Adams State University we know how important education is to all individuals, especially for those who happen to be incarcerated. Through correspondence courses, Adams State University provides an opportunity for incarcerated students to work for college credit and towards a degree. We have helped thousands of prisoners throughout the United States to reach their education goals.
Adams State University is committed to addressing the specific needs of incarcerated students by offering the following benefits:
By Craig M. Coscarelli
WHAT’S IT ABOUT?
The Descamps decision gives guidance on the correct application of the Modified Categorical Approach (“MCA”) to determine whether a state prior conviction for burglary really was a burglary under the Armed Career Criminal Act (“ACCA”). The Court explained that the MCA could only be applied to a statute if that statute was divisible, or contained alternative language outside the generic definition of the crime. If the statute is not divisible, then it stands as is, but if the definition is not the same as or narrower than the “Generic” definition of the crime, the prior conviction does not count under the ACCA.
BACKGROUND:
Precedent ACCA cases, such as Taylor v. United States, 495 U.S. 575 (1990) and Shepard v. United States, 544 U.S. 13 (2005), as well as other ACCA cases over the past quarter-century, show there is obviously a problem with the ACCA. Descamps is yet another effort by the Court to give guidance to the lower courts.
In Taylor, the Court established the methodology to determine whether a prior state conviction for burglary actually was burglary under the ACCA. The Court first defined burglary as: “an unlawful or unprivileged entry or remaining in a structure or building with the intent to commit a crime.” Id. The Court then instituted the “Categorical Approach,” which is to simply look at the language of the state statute of conviction to see if the defendant was convicted of generic burglary. But, since most state statutes for burglary have language in addition to the generic definition to cover a broader range of crimes, the Court authorized a modified version of the Categorical Approach and called it the “MCA.” Id. Under this MCA, the sentencing court could look at the conduct for which the defendant was convicted if the state statute contained alternative language outside the definition of generic burglary. And herein lays the problem. Id.
CONTACT:
Diane A. Sears – Coordinator
2013 International Men’s Day
E-Mail:[email protected]
KEEPING MEN AND BOYS SAFE: 2013 INTERNATIONAL MEN’S DAY
BRIGHTON, UNITED KINGDOM – 14 February 2013 — People all over the world are used to relating to men as protectors and providers, but how often do we consider the actions we can all take to protect Men and Boys from harm and provide them with a safe world where they can thrive and prosper?
In the run up to 2013 International Men’s Day — Tuesday 19th November — ,we’re asking supporters of the day to focus on five key challenges that will help create a better world for everyone by Keeping Men and Boys Safe.:
Keeping Men And Boys Safe By Tackling Male Suicide
Every minute of every hour of every day, one more man reaches the point where he thinks the only option is to take his own life.
According to the World Health Organisation, it is estimated that nearly one million people take their lives every year and most of them are Men. In developed countries, Men are generally three to four times more likely to take their own lives.
A former Pennsylvania prison guard who was convicted on 27 counts of abusing prisoners will serve no prison time of his own after a state court sentenced him to five years’ probation and six months on house arrest. Harry Nicoletti, 61, was convicted of numerous counts of official oppression, simple assault, criminal solicitation, and terrorist
After being incarcerated for over four years now, I have arrived at the undeniable conclusion that obtaining an education while in prison is nothing short of difficult. Despite the perception of the public that inmates are being rehabilitated while in the system, the reality of the situation is that opportunities for rehabilitation – specifically in
By Todd Peterson Give prisoners jobs! Real, honest-to-goodness jobs. Jobs other than the menial tasks we associate with prison life: serving food in the mess hall, doing laundry, scrubbing pigeon waste off the sidewalk. Jobs in career fields that can lead to viable employment after release. At a time when the economy is in a
By Prison Legal News
The loss of a $45 million contract to produce military clothing has caused Tennessee-based Tennier Industries to lay off around 100 workers. The contract was awarded to Federal Prison Industries (FPI), also known as UNICOR, which will use prisoner slave labor to manufacture the clothing that otherwise would have been made by freeworld employees. [See: PLN, May 2012, p.1].
Tennier is located in a depressed area of Tennessee; its main line of business is military clothing manufacturing. The federal prisoners who will perform the work under the FPI contract will be paid from $.23 to $1.15 per hour. “Our government screams, howls and yells how the rest of the world is using prisoners or slave labor to manufacture items, and here we take the items right out of the mouths of people who need it,” stated Tennier CEO Steven W. Eisen.
Some federal lawmakers see a problem with FPI. “If China did this – having their prisoners work at subpar wages in prisons – we would be screaming bloody murder,” said U.S. Representative Bill Huizenga, the lead sponsor of legislation to overhaul FPI. “This is a threat not to just established industries; it’s a threat to emerging industries.”
Huizenga was part of a bipartisan coalition of lawmakers behind a bill introduced in Congress in December 2011, the Prison Industries Competition in Contracting Act (H.R. 3634), designed to change the way FPI operates. Under current policy, FPI has preferential status that requires federal agencies to purchase prisoner-made goods if FPI offers them with comparable price, quality and time of delivery to that of private sector businesses (with certain exceptions). While FPI does not always quote the lowest price, it is often able to underbid private companies.