An Attempt to Clarify Prisoners: Marisa Lagos of the San Francisco Chronicle reports today on California Assemblyman, Alberto Torrico's proposed legislation to limit the early release of nonviolent offenders to state prisons. Prompted by confusion at the local level and several lawsuits, Torrico wants to clarify that a recently enacted law granting early release of nonviolent offenders is meant only to alleviate overcrowding in prisons and not in county jails. "It's not meant to apply to local inmates, period," Torrico said. "We are dealing with a state crisis." The law took effect January 25 of this year, but it has confused many counties because sheriffs interpreted the law differently. Under the new law, Sacramento county has released hundreds on jail inmates, while San Francisco released "only a handful." Assembly member Torrico's Bill 1395 is available here.
Trouble Finding an Unbiased Jury: Adam Liptak of The New York Times reports on today's Supreme Court oral argument regarding, former Enron CEO, Jeffrey K. Skilling's request that the Court overturn his verdict because he did not receive a change of venue. The Supreme Court has not considered a change of venue in two decades. Modern media has made it difficult to determine whether one can receive a fair trial even if there is a change of venue. Little can be done to control the intensity of news coverage, so a change of venue is less likely to solve the problem. In its merits brief Solicitor General Elena Kagan told the Court, "media coverage carried on national networks, cable stations and the Internet is not confined to the venue in which the crime is committed." Many judges and experts in jury behavior and selection agree but say it is not too difficult to find unbiased and uninformed jurors.
National Debate: Mandatory Life Sentences for Juveniles: Free Press staff writer L.L. Braiser reported Sunday on juveniles serving mandatory life sentences. Dontez Tillman and Thomas McCloud, two 14-year olds, were tried as adults and sentenced to life in prison in Michigan for the first-degree murders in the beating deaths of two homeless men over a period of three days. Michigan currently has 352 prisoners serving life sentences for crimes committed while they were juveniles. It is one of 12 states which have introduced legislation that would ban mandatory life sentences to juveniles, or at least give judges some discretion. Michigan Senator, Liz Brater introduced a package of bills to accomplish this last year. The measures are currently under review. Some experts believe that certain kids are too dangerous and should never be released. Our own Kent Scheidegger was quoted on the issue: "It is our position that for some juveniles, a life sentence is appropriate." The Supreme Court is currently considering the issue in the cases of Graham/Sullivan v. Florida. Our brief in these cases us here.
Trouble Finding an Unbiased Jury: Adam Liptak of The New York Times reports on today's Supreme Court oral argument regarding, former Enron CEO, Jeffrey K. Skilling's request that the Court overturn his verdict because he did not receive a change of venue. The Supreme Court has not considered a change of venue in two decades. Modern media has made it difficult to determine whether one can receive a fair trial even if there is a change of venue. Little can be done to control the intensity of news coverage, so a change of venue is less likely to solve the problem. In its merits brief Solicitor General Elena Kagan told the Court, "media coverage carried on national networks, cable stations and the Internet is not confined to the venue in which the crime is committed." Many judges and experts in jury behavior and selection agree but say it is not too difficult to find unbiased and uninformed jurors.
National Debate: Mandatory Life Sentences for Juveniles: Free Press staff writer L.L. Braiser reported Sunday on juveniles serving mandatory life sentences. Dontez Tillman and Thomas McCloud, two 14-year olds, were tried as adults and sentenced to life in prison in Michigan for the first-degree murders in the beating deaths of two homeless men over a period of three days. Michigan currently has 352 prisoners serving life sentences for crimes committed while they were juveniles. It is one of 12 states which have introduced legislation that would ban mandatory life sentences to juveniles, or at least give judges some discretion. Michigan Senator, Liz Brater introduced a package of bills to accomplish this last year. The measures are currently under review. Some experts believe that certain kids are too dangerous and should never be released. Our own Kent Scheidegger was quoted on the issue: "It is our position that for some juveniles, a life sentence is appropriate." The Supreme Court is currently considering the issue in the cases of Graham/Sullivan v. Florida. Our brief in these cases us here.
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