The New York federal judge overseeing the mediation of a lawsuit brought by The Federal Defenders of New York against the Federal Bureau of Prisons over attorneys' access to clients in detention on Friday voiced concern over continued problems, including "brazen" conduct by prison guards who were reportedly listening in on an inmate's phone calls with lawyers.
A high court ruling last week that nonunanimous jury verdicts in criminal cases are unconstitutional could prove huge for defendants in two states who are challenging their convictions, though questions such as the ruling’s retroactive impact still need to be answered.
University of Pennsylvania law professor Eric Feldman says the novel coronavirus has revealed both the failures of international public health policy and the civil rights trade-offs of containing a pandemic in the U.S. and internationally.
As the COVID-19 pandemic continues to envelop the country, some consumer advocates are calling for greater protections for debtors until the crisis abates, arguing that the economic crisis is negatively impacting the ability of Americans to not only pay their debts but also fight collection actions in court.
An attorney for the Federal Defenders of New York on Friday told the Brooklyn federal judge overseeing a dispute over attorneys' contact with their incarcerated clients in New York federal jails that problems are persisting, including two cases of COVID-19 positive inmates who were being held in medical isolation without telephonic access to their attorneys or families.
The Fifth Circuit has ruled in a published opinion that a group of Louisiana prosecutors who attempted to use fake subpoenas to pressure witnesses and crime victims to answer questions are not entitled to the usual immunity that comes with the office when pursuing a criminal case.
In January 2019, Janet Garcia returned from getting ready for work to find that all of her belongings had been seized and destroyed by the Los Angeles Bureau of Sanitation.
As federal courts close their doors during the coronavirus pandemic, immigration court proceedings for migrant children in government custody are moving forward. Attorneys told Law360 that continuing these hearings risks children's health and threatens due process.
Since coronavirus concerns shuttered courthouses nationwide, the U.S. Supreme Court and some appellate judges have given in to livestream technology. Transparency advocates welcome this development and hope the practice will continue even after the pandemic ends.
In the latest twist in the Jeffrey Epstein saga, a split Eleventh Circuit panel ruled last week that the protections of the Crime Victims’ Rights Act do not arise until after a formal criminal charge has been filed. For Epstein’s victims, it could mark the end of a 12-year-long legal challenge — and for the victims’ rights movement, it could be a lasting blow.
When three young siblings found themselves detained 50 miles from their father's home in Maryland, with the government moving to deport them rather than reunite the family, it was the latest hardship in a journey fraught with danger.
For those who turn to bail bonds in California, the cost of getting oneself or a loved one out of prison while awaiting a court date can be steep, but a proposed class action now poised to move forward contends there’s more to those rates than honest market forces.
A Florida federal judge said Monday that the criminal justice system must face new realities posed by the COVID-19 pandemic as she pressed Miami-Dade County for information she said will be essential in considering a proposed class action alleging inmates' constitutional rights are being violated by inadequate jail conditions.
Civil legal aid attorneys are scrambling to help low-income clients with problems like evictions and unemployment arising from COVID-19, but many of them worry the virus' economic effects are about to take a sizable bite out of their organizations' budgets.
Lindsay Gray created Vecina to bring together pro bono attorneys and asylum-seekers. One of the organization’s key features — connecting attorneys with clients remotely — has taken on new importance in the age of COVID-19.
Fines of up to $5,000, felony charges for misdemeanor crimes and a woman incarcerated in a trailer behind the local jail: Despite efforts to maintain voluntary compliance with public health orders spurred by COVID-19, law enforcement is testing a range of tactics for scofflaws who endanger themselves and others.
California’s Eastern and Central Districts have asked the Judicial Council of the Ninth Circuit to suspend Speedy Trial Act deadlines, arguing that their strained judicial resources won’t allow them to comply in light of backlogs caused by the novel coronavirus.
A Massachusetts federal judge has certified a class of immigrant detainees seeking to be released from a county jail that allegedly lacks adequate protections against the coronavirus, saying that we are now in "a world brought to its knees by the pandemic."
When attorneys felt Los Angeles’ courthouses were slow to respond to the coronavirus threat, a set of frequent adversaries reached across the aisle. The public defenders’ and district attorneys’ unions jointly asked that courthouses shutter, saying they’d endangered lawyers and their clients.
Just three months after historic bail reforms took effect in New York, the state Legislature agreed last week to roll back some of the changes in an effort to placate fierce opposition from law enforcement and conservatives. But while many reform advocates aren’t pleased with the results, law enforcement isn’t cheering either.
A court decision blocking the New York field office of U.S. Immigration and Customs Enforcement from using its so-called “no release” policy for certain people detained before a hearing is being hailed by immigrant advocates as a key victory that could set an important standard for other parts of the country.
Up to the moment last month when a judge told him he was a free man, Jeremy Puckett refused to believe freedom was a real possibility.
A Brooklyn federal judge on Friday chastised the Federal Bureau of Prisons for failing to provide New York City inmates adequate access to their attorneys during the coronavirus pandemic, giving the agency until Monday to explain why it wasn’t allowing more phone calls.
A Florida federal judge is planning to press forward in the midst of the coronavirus pandemic with a bench trial in a battle over a requirement that ex-felons pay all fines and fees before being able to vote, despite concerns from the state about the video conference format.
The Federal Bureau of Prisons alarmed inmates’ counsel when it revealed to a New York federal judge on Wednesday that a Brooklyn federal prison had tested only two additional inmates — out of 1,700 — after five staff members and one prisoner were found to be infected with the coronavirus.
A hearing in the Jeffrey Epstein case featuring victim impact statements and a White House meeting between a hit-and-run driver and the victim's parents have been described as restorative justice, but the reality is more complex, says Natalie Gordon of DOAR.
On topics ranging from public trial rights to electronic monitoring technology to the rules of evidence in the context of sexual harassment trials, 2019 brought a wide array of compelling commentary from the access to justice community.
Raquel Wilson, director of the U.S. Sentencing Commission’s Office of Education and Sentencing Practice, discusses this year's developments in federal sentencing, including new legislation in the Senate and U.S. Supreme Court cases invalidating certain statutes.
In Odonnell v. Harris County, a Texas federal court ordered that misdemeanor offenders could be released without bail, marking a fundamental deterioration of the Texas criminal justice system, says attorney Randy Adler.
Although they may mean well, federal judges should stop attempting to help criminal defendants get into drug rehabilitation programs by unlawfully sending them to prison for longer than their recommended sentences, says GianCarlo Canaparo at The Heritage Foundation.
In North Carolina, one in seven adults has a suspended driver’s license, but our research suggests that many of them never received actual notice of their license suspension, or of the court proceeding that led to it, making this a fundamentally unfair sanction, say Brandon Garrett, Karima Modjadidi and William Crozier at Duke University.
Dawn Freeman of The Securus Foundation discusses why humanizing the language used to discuss justice-involved individuals is a key aspect of reform and how the foundation’s upcoming campaign will implement this change in mainstream publications and on social media.
If the U.S. Supreme Court grants certiorari in Asaro v. U.S. and rules that sentencing judges cannot consider uncharged, dismissed and acquitted conduct, a peculiar and troubling oddity of criminal and constitutional law will finally be rectified, say criminal defense attorney Alan Ellis and sentencing consultant Mark Allenbaugh.
The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.
The U.S. Supreme Court in Lomax v. Ortiz-Marquez should hold that any case dismissed for failure to state a claim should count as a strike for purposes of Section 1915(g), which allows incarcerated people to file three complaints free of charge, says GianCarlo Canaparo at The Heritage Foundation.
Congress should advance the Prohibiting Punishment of Acquitted Conduct Act, which seeks to explicitly preclude federal judges from a practice that effectively eliminates the democratic role of the jury in the criminal justice system, says Robert Ehrlich, former governor of Maryland.
Women returning from military deployment often require more legal assistance than their male counterparts, and Congress can alleviate some of these burdens by passing the Improving Legal Services for Female Veterans Act, says Rep. Susan Wild, D-Pa.
Despite criticisms from the legal profession, a California proposal to allow some legal service delivery by nonlawyers is a principled response to the reality that millions of Americans currently must face their legal problems without any help, says Chris Albin-Lackey, legal and policy director at the National Center for Access to Justice.
The recent passage of A.B. 218 in California — extending the statute of limitations for child sexual abuse cases — will pose challenges for the justice system, but some of the burdens posed by abuse will finally be shifted from survivors to accused abusers and the organizations that enabled them, says retired Los Angeles Superior Court judge Scott Gordon.
The U.S. Supreme Court's upcoming decisions in several criminal cases this term will determine whether certain rights of the accused — some that many people would be surprised to learn are unsettled — are assured by the Constitution, say Harry Sandick and Jacob Newman at Patterson Belknap.