News

Prison Disciplinary Hearings: Lack of Notice, a Valuable Defense

The vast majority of inmates incarcerated within the Federal Bureau of Prisons will one day face a disciplinary proceeding.  These proceedings could be the result of a serious allegation of misconduct (e.g., fighting or brewing alcohol) or a less serious allegation (e.g., feeding the birds, or not making a bed).  Regardless of what the alleged

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Inmates, Prisoners, and Convicts: What’s the Difference?

Prisons are political places. Nothing shows this more than how those in prisons choose to refer to themselves. Some prefer the term prisoner. Others prefer inmate. And still, others favor convict. Since prison is such a political environment, referring to those in the prison context pursuant to their chosen term, whether inmate, prisoner, or convict,

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Impaired Driving, Just Not Impaired

By Christopher Zoukis On March 12, 2013, USA Today ran an opinion piece entitled “Drivers Aren’t High, Still Busted for DUI.”  This editorial, authored by EJ Montini, presented a very troubling situation which is repeating itself time and time again in numerous cities across the country.  Simply stated, persons who have utilized drugs — say, marijuana —

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Japan’s Philosophy: Shockingly Orderly

By Christopher Zoukis On February 23, 2013, The Economist ran a story entitled “Japan’s Prisons: Eastern Porridge.”  This article explained how well-mannered and orderly Japanese prisoners appear to outsiders, and how the age-old concepts of respect and duty still seem to apply to their modern, incarcerated class.  Since these values seem so foreign to the

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ADX Prisoner Not Allowed to Communicate with Family Members or Receive Publications under SAMs

In another series of court rulings upholding the use of Special Administrative Measures (SAMs), a prisoner at the federal ADX supermax facility in Florence, Colorado was prohibited from receiving certain publications and communicating with his nieces and nephews. The federal Bureau of Prisons’ use of SAMs originated in a regulation promulgated in 1996 – 28 C.F.R. §

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Jailhouse Litigators: A New Name for a New Age

The term “jailhouse lawyer” has been a polarizing one for many years.  To some, these men and women are the saviors of those who lack funds or legal wherewithal to mount a collateral attack upon an unjust criminal conviction or sentence.  They are considered the champions of those behind bars whose rights are being unfairly

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Prisoners’ Access to the Courts

By Christopher Zoukis In Bounds v. Smith, 430 U.S. 817 (1977), the Supreme Court held that “the fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons trained in the

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Shackling

By Christopher Zoukis Casandra Brawley, a prisoner at the Washington Correctional Center for Women, had been leaking amniotic fluid for three days when she was finally granted medical aid.  Ms. Brawley was shackled and then transported to a local hospital.  At the hospital, she was shackled to a hospital bed during labor, which was in

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Evaluating the Concept of Employment in Prisons: An Idea From Across the Pond

On February 23, 2013, The Economist published a very thought-provoking article entitled “Jobs in Jail: Remunerative Justice.”  This article was about England’s system of putting the incarcerated to work in factory settings within their prisons.  These factories are owned by private entities, not the British government.  According to the article, this is a position supported by both

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