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Third Circuit Finds Just Cause or Excuse Defense Not Applicable in Prison Assault Case
Aaron Taylor, incarcerated at the Federal Detention Center (FDC) in Philadelphia, was charged with assault with a dangerous weapon under 18 U.S.C. § 113(a)(3) and assault resulting in serious bodily injury under § 113(a)(6), stemming from an attack on another prisoner. He attempted to assert the affirmative defense of “just ...
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More from this issue:
- How Many Inmate Deaths is too Many?, by Dave Maass
- From the Editor, by Paul Wright
- Sex Offenders Who Fail to Register May Receive Life Sentence Under California’s “Three Strikes” Law
- Five Prisoner Deaths in Eighteen Months at Small Ohio Jail, by Matthew Clarke
- New York Promised Help for Mentally Ill Prisoners – But Still Sticks Many in Solitary, by Christie Thompson
- Widespread Sexual Abuse Alleged at Alabama Women’s Prison
- Idaho: Federal Court Unseals Pleadings, Holds CCA in Contempt for Violating Settlement Agreement
- Third Circuit Finds Just Cause or Excuse Defense Not Applicable in Prison Assault Case, by Derek Gilna
- Special Sex Offender Release Conditions Vacated by Tenth Circuit, by Derek Gilna
- Hunger Striking Illinois Jail Prisoner Dies, by Matthew Clarke
- Texas Prison Burials Surprisingly Well Done
- Former Federal Prisoner Claims to be Most Litigious Person
- IFRP Payment Schedule May Not be Delegated to BOP by Sentencing Judge, by Derek Gilna
- Georgia: Civil Rights Law Firm Demands Return of Fines Illegally Collected by State Court Judge, by Ryan Primerano
- Eighth Circuit Denies Civilly Confined Minnesota Patients 1983 Action, by Derek Gilna
- Ninth Circuit Reverses Dismissal of Nevada Prisoner’s First Amendment Retaliation Claims
- Former Georgia DOC Official Charged for Embezzling Public Funds, by Christopher Zoukis
- Effective Counsel Required in Kansas Civil Commitment Proceedings
- CDCR to Block Contraband Cell Phone Signals at all Facilities
- California: Court May Not Award Increased Presentence Conduct Credits to Categorically Disqualified Prisoners
- D.C. District Court Reaffirms Access to Counsel for Guantanamo Detainees, by Derek Gilna
- Declining Prison Populations Leave Towns with Empty Jails, Debt, by David Reutter
- Private Detention Facility Forced into Bankruptcy, Sold at Auction
- PLN Files Federal Lawsuit Over Censorship at Virginia Jail
- Brain Imaging Research Conducted on Prisoners, by Greg Dober
- Massachusetts: Overcrowding Forces Changes in Correctional Facilities, by David Reutter
- Death Row Prisoners in Two States File Suit over Hip Replacements, by David Reutter
- Oregon DOJ Intentionally Destroyed Records; Target of Abusive Criminal Investigation Settles Suit for $1 Million
- Montana Agrees to Change Policies for Treatment of Mentally Ill Juveniles in Adult Prison, by David Reutter
- News in Brief
More from Derek Gilna:
- Federal Judge in Louisiana Issues Sweeping Opinion Finding Numerous Eighth Amendment, ADA and RA Violations at Angola, April 1, 2022
- Human Rights Defense Center Prevails in Censorship Lawsuit Against Napa County Jail, California, Sept. 1, 2021
- California State Auditor’s Report Faults Counties for Waste and Poor Oversight of State Funds Used in “Public Safety Realignment”, Sept. 1, 2021
- The Fight Over Cellphones in Prisons Rages On, Sept. 1, 2021
- District Court Extends Armstrong Order to Five Additional California Prisons, Sept. 1, 2021
- HRDC Settles Censorship Lawsuit with Johnson County, Kansas Jail for $50,000 and Policy Changes, Aug. 1, 2021
- Virginia Prosecutors to Dismiss 400 Drug Convictions Tied to Disgraced Cop, July 15, 2021
- Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, June 15, 2021
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, April 15, 2021
- Mississippi Joins Illinois and Few Other States Prioritizing Vaccination of State Prisoners to Slow Spread of COVID-19, April 1, 2021
More from these topics:
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024. Defenses, Jury Instructions, Motive/Opportunity/Intent/Identity Evidence.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- New Jersey County Not Entitled to Defense or Indemnification by the State in Suit Alleging Exposure of Jail Detainees, Feb. 4, 2020. Strip Searches, Defenses.
- Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense, Jan. 21, 2020. Defenses.
- Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense, Jan. 21, 2020. Defenses, Habeas Corpus.
- Former Seventh Circuit Judge Posner Founds Short-Lived Project to Help Pro Se Litigants, Jan. 9, 2020. Defenses.
- Arkansas Supreme Court Rules Justification Defense Available When Charged With Manslaughter, June 17, 2019. Defenses.
- Deadly Force Mindset as Justifiable Defense Questioned, April 12, 2019. Defenses.
- Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense, March 15, 2019. Defenses, Expert Witnesses, Mental Health.
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, Feb. 14, 2019. Civil Procedure, Marriage.