Public Safety

In an amicus brief in Gamble v. United States, the State and Local Legal Center (SLLC) asks the Supreme Court not to overrule the “separate sovereigns” exception to the Double Jeopardy Clause. This exception allows states and the federal government to convict and sentence a person for the same conduct.

Gamble was prosecuted for and convicted of possession of a firearm by a convicted felon under both Alabama and United States law. His challenge to the “separate sovereigns” exception is unsurprising given that Justice Thomas joined Justice Ginsburg’s concurring opinion in Puerto Rico v. Sanchez-Valle (2016), which suggested the Court do a “fresh examination” of the “separate sovereigns” exception. These Justices are on opposite ends of the ideological spectrum and typically don’t vote together in close cases. 

In Sanchez-Valle the Court held that the Double Jeopardy Clause bars both Puerto Rico and the United States from prosecuting a person for the same conduct under equivalent criminal laws. Puerto Rico isn’t a sovereign distinct from the United States because it derived its authority from the U.S. Congress.

The issue in Timbs v. Indiana is whether the Eighth Amendment Excessive Fines Clause applies to the states. The State and Local Legal Center (SLLC) Supreme Court amicus brief rejects the argument that the Fourteenth Amendment incorporates all rights included in the first eight Amendments. It also argues that the forfeiture in this case isn’t unconstitutionally excessive.

CSG Midwest
Following Nebraska’s first execution of a death-row inmate in 21 years, some legislators are calling for statutory revisions that would change who witnesses the death and what they are able to see. “If the state is going to do something as serious as taking a person’s life, we need to be transparent,” Nebraska Sen. Patty Pansing Brooks says.
Carey Dean Moore was put to death on Aug. 14 for the murder of two cabdrivers nearly 40 years ago. He died by lethal injection, the first time that Nebraska used this method of execution. (In 2008, the state Supreme Court ruled electrocution to be unconstitutional.) The four-drug combination used by Nebraska had never been used by any other state: a sedative, an opioid pain killer (fentanyl) and a paralyzing drug, followed by potassium chloride, a drug that causes heart failure.
CSG Midwest
AnswerA mix of state and federal laws makes it illegal for certain individuals to own or possess a firearm. At the federal level, the U.S. Gun Control Act prevents gun access to convicted felons, individuals addicted to a controlled substance, domestic violence abusers, and certain people with mental illnesses, among others.
According to the Giffords Law Center to Prevent Gun Violence, many states have adopted more-expansive restrictions than those spelled out in the federal law.
CSG Midwest
By 2022, every hospital emergency room in Illinois must have staff that can provide specialized care to victims of sexual assault. This new requirement is the result of HB 5245, a bill passed unanimously by the General Assembly and signed into law this summer. Under the law, a trained provider will have to be present in the emergency room within 90 minutes of the patient arriving in the hospital. According to the Illinois attorney general’s office, few hospitals currently provide specialized care for sexual assault victims.

Six states currently do not have laws pertaining to hazing, and of the 44 states that do, the penalties are typically not harsh. After the death of freshman student, Max Gruver, at a fraternity hazing event at Louisiana State University, Louisiana legislators worked to create harsher punishments.

States are facing problems with their correctional programs, including but not limited to issues of overpopulation and inadequate budgets. Some states, including North Dakota, have high ambitions to resemble the European prison system.  Other states, including Alabama, Massachusetts and Utah are taking small steps toward progressive prison reform to save taxpayer dollars and possibly save lives.

The Missouri River Correctional Center in North Dakota, a minimum-security prison known locally as The Farm, has started to focus...

The criminalization of child sex trafficking victims is a pressing issue across the country. Minors who are sex trafficked are sometimes being prosecuted due to statutory inconsistencies. Children who have not reached the legal age to consent to sex are being charged with prostitution. In all other instances, these children would be viewed as victims of statutory rape or child sexual abuse.

According to the Trafficking Victims Protection Act of 2000, sex trafficking is defined as “a commercial sex act induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.” This federal law furthers the idea that any child who is sold for sex is a victim of sex trafficking.

CSG Midwest
Ohio has become the latest state in the Midwest to address school safety through a mix of new laws and funding. Under HB 318, signed into law in August, a $12 million grant program will be established for schools to pursue training in a number of areas, from how to deal with an active shooter to how to help students with mental health issues. Over the next few months, too, the Ohio Department of Public Safety will conduct studies of school security in order to ensure the proper infrastructure is in place to keep students safe.
One particular emphasis of Ohio’s new law is school resource officers. HB 318 establishes new qualifications and training requirements for these police officers working inside schools, while also specifying the type of services that they can provide (for example, fostering problem-solving strategies and contributing to emergency management plans).
CSG Midwest
Big changes are coming to Wisconsin’s juvenile justice system in the years ahead, with a $80 million infrastructure investment that will shift how young offenders are housed and treated.
“We are no longer going to have to rely on a huge, one-size-fits-all system,” says Evan Goyke, one of the legislators who led the work ahead of this year’s passage of the transformative AB 953. (Wisconsin Gov. Scott Walker supported the bipartisan, bicameral effort.) “We are adapting our system and taking a smaller, regional approach to juvenile facilities.”

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