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Articles by Matthew Clarke

European Court of Human Rights Voids UKs Blanket Bans On Prisoner Voting

European Court of Human Rights Voids UKs Blanket Bans On Prisoner Voting

by Matthew T. Clarke

On October 6, 2005, the European Court of Human Rights issued a Grand Chamber Judgment holding that Britains blanket ban on incarcerated prisoners voting in elections violated Article 3 of Protocol No. 1 of ...

BOP Transfers Unescorted Prisoners On Civilian Buses, Some Escape

by Matthew T. Clarke

In a little-known program, the federal Bureau of Prisons (BOP) has been allowing unescorted prisoners to transfer between prisons using Greyhound and other civilian buses. Not surprisingly, some never show up at their destination.

The program is considered a form of furlough by the BOP, related ...

Alleged Attacks Plotted By New Folsom Prisoners Uncovered

by Matthew T. Clarke

A federal grand jury has indicted four men--two of whom have been prisoners at the California State Prison-Sacramento (New Folsom Prison)--with conspiracy to levy war against the United States, to possess and use firearms in the furtherance of violence, and to kill U.S. and foreign officials. ...

Non-Sex-Offender Parolee Entitled to Due Process Before Being Treated As Sex Offender

by Matthew T. Clarke

The Fifth Circuit court of appeals held that a parolee who has never been convicted of a sex offense is entitled to a due process hearing prior to being required to register as a sex offender and attend sex offender treatment as a condition of parole. ...

Texas Federal District Judge Throws Out VitaPro Convictions

by Matthew T. Clarke

In another bizarre twist to an already bewildering prosecution history, on September 9, 2005, Texas federal district judge Lynn Hughes, by judicial fiat, acquitted Andy Collins, the former executive director of the Texas Department of Criminal Justice (TDCJ), and Yank Barry, the Canadian ex-con owner of ...

Illinois DOC Seeks to Block Ex-Wardens Benefits

Illinois DOC Seeks to Block Ex-Wardens Benefits

by Matthew T. Clarke

On September 13, 2005, the Illinois Department of Corrections (DOC) filed an appeal of a workers compensation arbitrators decision to grant ex-prison warden William Barham permanent total disabilities benefits. Barhams injuries stem from a fatal one-vehicle accident for which ...

Houston Grand Juries Mostly Law-Enforcement

Houston Grand Juries Mostly Law-Enforcement and Government Employees

by Matthew T. Clarke

Ever since a ruling by the U. S. Supreme Court in Smith v. State of Texas, 311 U.S. 128, 61 S.Ct. 164, 85 L.Ed. 84 (1940), grand juries have been required to represent a broad cross-section" of the ...

Texas Prison Expert Pays the Price for Telling the Truth

by Matthew T. Clarke

Tony Fabelo was the head of the Texas Criminal Justice Policy Council for two decades. He survived multiple changes of administration by doing a great job as the state's top number-cruncher on prison issues. Legislators of both parties say the Cuban-born Ph.D., a nationally-known authority on ...

Texas State Equipment and Employees Used for Private Prison Labor Lobbying

by Matthew T. Clarke


Republican State Representative Ray Allen of Grand Prairie, Texas, Chairman of the Texas House Corrections Committee, has been using his state employees and state equipment to operate a private firm that specializes in consulting and lobbying for the private prison industry. Allen's company, called Service House, ...

Fifth Circuit Allows Sexual-Orientation Discrimination in Texas Prisoner Rape Suit

by Matthew T. Clarke


The Fifth Circuit court of appeals held that a homosexual prisoner who prison officials allegedly allowed to be repeatedly sexually assaulted and made a sex slave may sue the prison officials for both failures to protect him in violation of the Eighth Amendment and discrimination based ...