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Articles by Matthew Clarke

Two Non-profit Foundations Provide Funding, Leadership for Criminal Justice Reform

by Matt Clarke

On April 12, 2016, the MacArthur Foundation announced grants totaling nearly $25 million to support 20 jurisdictions working to create fairer and more effective systems of local law enforcement. The grants are part of the $100 million Safety and Justice Challenge Initiative, a five-year funding push to ...

Texas Judges Jail Defendants too Poor to Pay Fines, Debts

by Matt Clarke

The original 1836 Constitution of the Republic of Texas included a prohibition against imprisoning people who were unable to pay their debts. In the modern Texas Constitution, that concept is enshrined in the state’s Bill of Rights: “No person shall ever be imprisoned for debt.” Yet despite ...

Local Sex Offender Residency Restrictions Challenged in Texas

by Matt Clarke

In many U.S. cities, local ordinances prohibit registered sex offenders from living in certain areas – generally within 1,000 feet or more of schools, playgrounds and daycare centers. But when a city is just a few dozen blocks in size, such ordinances can effectively force sex offenders ...

New York: Disciplinary Segregation Settlement Finalized; $1.6 Million in Attorney Fees Awarded

by Matt Clarke

On March 31, 2016, U.S. District Court Judge Shira A. Scheindlin granted final approval to a historic settlement between the New York Civil Liberties Union (NYCLU) and New York State that will usher in comprehensive reform of disciplinary solitary confinement in the state’s prison system. The reforms ...

Seventh Circuit Reverses Dismissal of Suit Over Denial of Ramadan Meals; $3,600 Settlement

by Matt Clarke

On January 4, 2016, the Seventh Circuit Court of Appeals reversed the dismissal of a lawsuit brought by a Muslim prisoner who was denied several sack meals during Ramadan.

Michael L. Thompson, incarcerated at the Waupun Correctional Institution in Wisconsin, filed a federal civil rights action alleging ...

Texas Forensic Science Commission Addresses Problem with DNA Testing Protocols

by Matt Clarke

The mission of the Texas Forensic Science Commission (TFSC) is to set standards for the use of scientific evidence in the state’s criminal justice system. In investigating the proper standards for DNA testing during the summer of 2015, the Commission came to the unsettling conclusion that the ...

Texas Fraud Prosecutions Privately Funded by Insurance Company

by Matt Clarke

Texas lawmakers recently took action to address the relationship between the Texas Mutual Insurance Company (TMIC) and the Travis County District Attorney’s Office, after finding the connection between the pair was too close for comfort.

Since 2001, TMIC had paid the DA’s office around $4.7 million to ...

University of Texas Researcher Makes Data on In-custody Deaths Comprehensible

by Matt Clarke

All law enforcement agencies, jails and prisons in Texas are required by state law to report in-custody deaths, but the raw statistics are not easily understood. That shortcoming prompted University of Texas Institute for Urban Policy Research and Analysis postdoctoral fellow Amanda Woog to create the Texas Justice Initiative – an electronic data set that spans the years 2005 through 2015 and contains interactive search criteria such as the name, race, age, demographics, and time and cause of death for people who died in-custody.

“We can’t have an informed conversation about who’s dying at the hands of police, or who’s dying in jails, if we don’t literally know who’s dying and how they’re dying,” said Woog. “I think this information can help us get to the bottom causes of mortality in the criminal justice system and with that lead us to solutions.”

Those are laudable goals. One of the factors that has hampered recent nationwide discussions about unjustified police shootings is a lack of statistical data concerning such incidents. The only other state with a similar compilation of death statistics is California, which has a population 50% greater than Texas but about the same number of annual ...

Three State Supreme Courts Rule on Post-release Issues for Sex Offenders

by Matt Clarke

In six separate opinions, the Supreme Courts of Kansas, Ohio and Colorado ruled on issues related to sex offender registration and probation requirements.

In a trio of decisions handed down on April 22, 2016, the Supreme Court of Kansas held the 2011 amended version of the Kansas Offender Registration Act (KORA) could not be applied retroactively to increase the mandatory registration term of a defendant whose offense was committed prior to the 2011 amendment.

In 2001, Promise D. Redmond pleaded no contest to one count of indecent solicitation of a child 14- to 15-years-old. He was sentenced to life in prison, but the sentence was suspended and he was placed on parole. Under the 2001 version of the KORA he was required to register as a sex offender for ten years.

The amended 2011 KORA required sex offenders to register for 25 years. Redmond stopped registering after ten years, and the state charged him with three counts of violating the 2011 KORA. Redmond moved to dismiss the charges and argued application of the amended 2011 KORA was an unconstitutional ex post facto violation.

The trial court granted the motion and the state appealed. The Kansas Supreme Court ...

$103,000 Settlement Between Colorado Town and ACLU Over “Pay or Serve” Jail Policy

by Matt Clarke

On May 4, 2016, Colorado Springs officials signed off on a $103,000 settlement that will end the practice of municipal judges converting fine-only violations of municipal ordinances into jail time for indigent defendants.

In a longstanding practice known as “pay or serve,” Colorado Springs municipal judges would ...