News & Analysis as of

Detainees

Moore & Van Allen PLLC

Challenging Prosecutors' Use Of Defendants' Jail Phone Calls

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Pretrial detention imposes severe burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution may receive, without a warrant, recordings of the defendant's electronic communications,...more

Moore & Van Allen PLLC

Challenging Prosecutorial Use of a Pretrial Detainee’s Electronic Communications

Moore & Van Allen PLLC on

Pretrial detention imposes several unreasonable burdens on a defendant's ability to prepare for trial. One such burden is that the prosecution often gains access—without a warrant—to the defendant's telephone calls because...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Opens Door For Release Of Pre-Trial Detainees

The New Jersey Supreme Court has announced that criminal defendants awaiting trial who have been detained indefinitely due to the COVID-19 pandemic may seek expedited release from jail. In response to the prolonged duration...more

Dorsey & Whitney LLP

The Supreme Court - June 25, 2020

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Department of Homeland Security v. Thuraissigiam, No. 19-161. Under the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”), Congress in 1996 crafted a system for processing aliens apprehended at or near...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Department of Homeland Security v. Thuraissigiam, No. 19-161

On June 25, 2020, the U.S. Supreme Court decided Department of Homeland Security v. Thuraissigiam, holding that the Illegal Immigration Reform and Immigrant Responsibility Act’s limitations neither violated due process nor...more

ArentFox Schiff

Department of Justice Directed to Consider Risks of COVID-19 for Each Criminal Defendant When Arguing Bail

ArentFox Schiff on

On April 3, 2020, and April 6, 2020, United States Attorney General William Barr issued two related memos directing the DOJ to consider, in light of the COVID-19 pandemic, the DOJ’s obligations to protect both the federal...more

Sands Anderson PC

Kingsley v. Hendrickson: Excessive Force is in the Eye of the Objective Beholder

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The Supreme Court of the United States, in Kingsley v. Hendrickson, waded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Kingsley v. Hendrickson

On June 22, 2015, the U.S. Supreme Court decided Kinsgley v. Hendrickson, No. 13-1175, holding that to prove an excessive force claim, a pretrial detainee need show only that an officer’s deliberate use of force was...more

Poyner Spruill LLP

US Supreme Court Ruling Impacts Jail Operations

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On June 22, 2015, the United States Supreme Court issued an important decision for all North Carolina counties operating county jails in which individuals are held detainees awaiting trial. In Kingsley v. Hendrickson, No....more

Sands Anderson PC

An ICE Detainer is Merely a Request—Not a Requirement

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Law enforcement officers and agencies are often faced with deciding whether they are required to detain an otherwise releasable prisoner when there is a detainer on the prisoner from the federal Department of Immigration and...more

K&L Gates LLP

“Can You Sleep Well at Night?”: Multinational Executives Detained in China Due to Bribery Concerns

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Any company doing business in China has to wonder whether they might find themselves in the unwelcome spotlight recently turned on certain participants in China’s pharmaceutical market....more

CMCP - California Minority Counsel Program

Ze’s Struggles as an Immigrant Detainee

Since the birth of America, our nation has been known for being a culturally diverse society that welcomes people from everywhere in the world, regardless of race, creed, and background. Given the importance that has been...more

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