25 Jan United States v Haymond Protects Major Constitutional Rights
In US v Haymond, the Supreme Court preserved the rights to a jury trial and to be found guilty beyond a reasonable doubt. But it was close.
Ending Mass Incarceration
22 Jan Mental Competency to Stand Trial and the Housing of Mentally Incompetent Defendants
Issues about how to determine mental competency to stand trial are rooted in a lack of clarity about what mental incompetency looks like.
22 Jan Rehaif v US Defines “Knowingly” Under Federal Law
The U.S. Supreme Court addressed what the term "knowingly" means in a criminal statute in Rehaif v United States.
15 Jan Minimal Progress with Solitary Confinement in 2020
Posted at 09:47h
in Decriminalizing Mental Illness, Emphasizing Rehabilitation, Ending Mass Incarceration, Prisons
While the end of 2019 held promise for solitary confinement reform, 2020 painted a less optimistic picture.
15 Jan HR 4488 is Latest move on Solitary Confinement
Posted at 09:15h
in Decriminalizing Mental Illness, Emphasizing Rehabilitation, Ending Mass Incarceration, Prisons
The Solitary Confinement and Reform Act of 2019 seems doomed to the same fate that Richmond’s previous bills suffered. There is a clear and urgent need to establish national standards around the use of solitary confinement.
29 Dec Voters Rejected California Cash Bail Reform in 2020
Californians could have made California the first state in the country to completely eliminate cash bail through reform. But its efforts stopped dead in their tracks in November 2020. CA voters rejected the move, opting instead for the system currently in place.
29 Dec North Carolina Courts Struggle with Mental Illness
Mental illness cases involving diminished-capacity defenses are procedurally complex and often result in underwhelming outcomes. And justice reform and mental health advocates are often left wishing for more. Two recent North Carolina cases illustrate the “we can do better” mindset well.
29 Dec Community Supervision Act Helps At-Risk Prisoners
Posted at 20:52h
in Challenges After Release, Emphasizing Rehabilitation, Ending Mass Incarceration, Prisons, Supervised Release
Under the Emergency Community Supervision Act, the government would release vulnerable individuals from prison. Then, it would place them in community supervision while COVID-19 continues to present a national health emergency.
29 Dec First Step Act of 2018: Two Years Later
Posted at 19:39h
in Emphasizing Rehabilitation, Ending Mass Incarceration, Mandatory Minimums, Prisons, Supervised Release
The First Step Act was a bipartisan project several years in the making. The goal of the bipartisan effort was simple but important. It aimed to reduce the number of people in federal prisons while maintaining public safety.
29 Dec Is a “Tone of Voice” Jury Challenge Race-Neutral?
Defendants in criminal cases have a constitutional right to a jury of their peers. But courts have made it clear that they don't have the right to a jury of their own race. So, when a prosecutor strikes a juror for their “tone of voice,”