Justice System

CSG Midwest
With the number of COVID-19 cases increasing, and a rise in deaths from the disease, “social distancing” has become a familiar term and way of life across the country. But how is social distancing possible for people whose days are spent in a 6-by-8-foot cell with another person? How can state and local governments maintain public safety while protecting inmates? How can they prevent outbreaks from starting in correctional facilities, and then spreading to the wider community?
These are some of the questions that have vexed criminal justice administrators, inmates, staff and family members for months. 
CSG Midwest
After nine months of extensive, unprecedented analysis of Michigan's county jail populations, a specially formed task force has delivered 18 recommendations to the Legislature designed to improve state policies and curb rising jail incarceration rates.
The bipartisan task force's work reflects concerns in Michigan about the impact of a growing jail population, which has occurred even amid big drops in the state's total crime rate (see line graph). 

CSG Midwest
The future of South Dakota’s marijuana laws is in the hands of the state’s voters. In late 2019 and early 2020, Secretary of State Steve Barnett validated the signatures of petitions for two different ballot proposals — one is an initiated measure to legalize marijuana for medical purposes, the second is a proposed constitutional amendment to legalize recreational and medical marijuana.
CSG Midwest
A new working group in Iowa will look for ways to reduce recidivism among former offenders and eliminate racial bias from the state’s criminal justice system.
Gov. Kim Reynolds asked the group, chaired by Lt. Gov. Adam Gregg — a former state public defender — to deliver recommendations by December, to inform several proposals she will submit to legislators when they reconvene in January.
The racial disparity in Iowa’s criminal justice system is indicated by Bureau of Justice Statistics and census data from 2017 — black Iowans are incarcerated at a rate 9.5 times higher than white Iowans, which is tied with Nebraska for the second highest rate in the Midwest. Both states trail Wisconsin (11.7), and are just ahead of Minnesota (9.2) and Illinois (8.2).

CSG Midwest
Illinois has become the first state in the nation to legalize the sale and use of recreational marijuana through an act of the legislature. Sent to the governor for signing in early June, HB 1438 was being hailed by its legislative sponsors as marking a new era in Illinois public policy and as a “model for other states in its commitment to equity and criminal justice reform.”
CSG Midwest
Three years ago, with their passage of SB 367, Kansas legislators remade the state's juvenile justice system.
correctional facility for juveniles would soon close, the state would rely much less on “group homes” to house low-level offenders, and several alternatives to incarceration would be introduced into the system.
The result: Between 2015 and 2018, the monthly average of Kansas’ juvenile custody population dropped by 63 percent.

McDonough v. Smith is a case about forgery, deceit, fabricated evidence…and statute of limitations.

In this case the Supreme Court held 6-3 that the statute of limitations for a fabrication of evidence claim begins running upon acquittal. The State and Local Legal Center (SLLC) filed an amicus brief arguing the statute of limitations should begin running earlier.

Edward McDonough, commissioner of the county board of elections, processed forged absentee ballots, which he claimed he didn’t know were forged. Youel Smith was appointed to investigate and prosecute the matter. McDonough claims Smith “falsified affidavits, coached witnesses to lie, and orchestrated a suspect DNA analysis to link McDonough to relevant ballot envelopes.” The first trial involving McDonough ended in a mistrial. He was acquitted in a second trial.

After oral argument Court commentators predicated the Supreme Court wouldn’t overrule the “dual-sovereignty” doctrine. In a 7-2 decision in Gamble v. United States it didn’t. The State and Local Legal Center (SLLC) filed an amicus brief arguing for the result in this case.  

The Double Jeopardy Clause provides that no person may be “twice put in jeopardy” “for the same offence.” Per the “dual-sovereignty” doctrine the Supreme Court has long held that a “crime under one sovereign’s laws is not ‘the same offence’ as a crime under the laws of another sovereign.”

CSG Midwest
Bail, in its most ideal form, serves two purposes. First, it maintains the American ideal of innocent until proven guilty by allowing suspects to continue their daily lives as normally as possible while they await further court actions. Second, it incentivizes the...

In Bucklew v. Precythe the Supreme Court ruled 5-4 that Missouri wasn’t required to execute Russell Bucklew using a drug he claimed would cause him less pain due to his unusual medical condition, cavernous hemangioma.

Bucklew was sentenced to death for killing a neighbor who was sheltering his former girlfriend and her children after she broke up with Bucklew. Cavernous hemangioma causes tumors to grow in Bucklew’s head, neck, and throat. He claims that the sedative Missouri intends to use in its lethal injection protocol will cause him feelings of suffocation and excoriating pain due to his disease for a longer amount of time than the alternative drug he suggests. He claims Missouri’s protocol is unconstitutional as applied to him. 

The Eighth Amendment disallows “cruel and unusual punishment.” The Supreme Court held in Glossip v. Gross (2015) that a state’s refusal to alter its lethal injection protocol may violate the Eighth Amendment if an inmate identifies a “feasible, readily implemented” alternative procedure that would “significantly reduce a substantial risk of severe pain.”

Pages