They played recordings in which Escalona as a teenager threatened to kill her mother. They said she had been a gang member and that she started smoking marijuana at age Escalona asked for leniency, telling the judge she was no longer the monster who committed the attack. Escalona had faced from probation to life in prison. Prosecutors initially sought a year sentence, but during closing arguments Price said she wanted Escalona to be sentenced to life in prison. Defense attorney Angie N'Duka repeated that Escalona was not a monster and that she was deserving of probation or a short sentence Price said Escalona will be eligible for parole in 30 years.
N'Duka said she plans to appeal. Escalona's family has acknowledged their dismay and anger following the attack, but her sister and her mother nonetheless asked the judge for leniency. States pay tens of thousands of dollars a year to house each inmate. Some states are rethinking the way they spend that money.
In Ohio, sentencing reform, increased support for former inmates, and rehabilitation and education programs for current prisoners have helped keep prisoners from returning. Steven Hayes, the notorious killer who sits on death row for the slayings of a Cheshire woman and her two daughters, wants to waive his appeals and proceed to his execution, a path that serial killer Michael Ross took before being put to death in In a letter to the Courant, Hayes, 49, said he is the subject of "cruel and unusual punishment" by prison staff at Northern Correctional Institution in Somers, treatment he claims has "been escalating" since March I was sentenced to death, not sentenced to tourcher sic and punitive treatment until death.
Hayes said he would be making "a formal announcement" about his decision to go to "the death chamber" during "the 2nd week of October," but he did not say how he would announce it. Michael Courtney, head of the state public defenders office's capital defense unit, which is handling Hayes' appeal, declined to discuss any recent discussions he and other attorneys have had with Hayes. In Connecticut, the appeals process involves an automatic sentence review by the state Supreme Court, so Hayes' decision would not affect that. If the appeal is unsuccessful, Hayes could then forgo the usual progression of state habeas corpus motions and federal appeals that occur before a convict is put to death.
With those appeals in place, legal experts have said, it could easily be 20 years or longer before Hayes is executed. What Hayes wrote in the Sept. In a prison interview, Hayes said he promised one of his defense attorneys, Thomas J. Ullmann, that he would not waive his appeals and seek execution. Ullmann confirmed the conversation, telling The Courant in July: "He has made a commitment to me that he will not pull a Michael Ross.
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Ross was the first person executed in Connecticut since He had spent 18 years on death row. Word of Hayes' decision to seek execution comes while questions loom about whether those on death row should still face execution in light of the repeal last April of the death penalty. Though state legislators abolished capital punishment for future offenses, Hayes and the other nine men on death row and those with pending death-eligible cases still face execution. The state Supreme Court has agreed to consider the constitutionality of the death penalty for the condemned inmates in light of the repeal.
Those arguments will be made at a later date.
Many defendants on death row committed murders in which illegal drugs were somehow involved. This Article attempts to explain and quantify the involvement of drugs in the cases of death-sentenced defendants during the six year period of to and to imagine the ways that death rows would look different if there had been no "War on Drugs. Tonight's scheduled contest in Kentucky between the VP candidates seems pretty sure to follow the same script.
That said, a variation of Murphy's Law might suggest that there will be lots of crime and punishment talk because I will not be able to watch the debate while traveling this evening out to California to participate in this great event at Loyola Law School. In this prior post and in many others, I have already detailed some of the federal criminal justice questions I would love to hear asked of all the candidates this season.
Perhaps readers will join in my futile? A new analysis of crime data has found more than , people in Washington were arrested for marijuana possession over the past 25 years, most of them in the past 10 years. The report underscores a key argument for Initiative , a measure on the November ballot, which would decriminalize small amounts of marijuana. Report co-author Harry Levine, a sociology professor at City University of New York, said his group is not funded by any of the large institutional donors to I; none of the authors contributed I, according to campaign finance reports.
But the timing is not coincidental, said Levine. The data also underscores earlier findings about racial disproportionality in drug arrests. Levine said it is impossible to tell if people were arrested for marijuana in addition to another crime because of the way the data is reported.
But based on other studies, he believes a large majority of the arrests were for marijuana possession alone. The report notes that some online criminal background check services include arrests, and the arrest reports cannot be easily expunged. Defendant—appellant David Zobel appeals his sentence for knowingly coercing and enticing a minor to engage in sexual activity, in violation of 18 U. After Zobel pled guilty, the district court imposed a sentence of months of imprisonment, which represented a 15 month upward variance from the upper-end of the Guidelines range.
A brief dissent by Judge Moore follows the lengthy majority opinion, and it gets started this way:. A district court must state in open court and in a written statement of reasons the specific reason it is imposing an outside-guidelines sentence on a defendant.
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Because the district court failed to state a specific reason for its fifteen-month upward variance both in open court and in its written statement of reasons, the district court committed plain error. The majority, however, nonetheless affirms. I respectfully dissent. A mother who admitted to beating her 2-year-old daughter and gluing the child's hands faces anything from probation to a life in prison for her crimes.
Elizabeth Escalona's sentencing hearing will continue Thursday, a day after she pleaded for leniency, saying she was no longer the "monster" who committed the attack.
Police say Escalona lost her temper last year with Jocelyn Cedillo over potty training problems. Escalona beat and kicked Jocelyn before sticking her hands to an apartment wall using an adhesive commonly known as Super Glue.
The child was hospitalized for days. Judge Larry Mitchell has a wide range in choosing Escalona's sentence: Anything from probation to life in prison is possible. Prosecutors are asking for a year sentence. Defense attorney Angie N'Duka asked Escalona what she thought of photos that prosecutors presented earlier this week showing her daughter's injuries. N'Duka then asked Escalona whether she thought she was a monster. Escalona asked Mitchell for an opportunity to show she had changed, adding that she would accept any sentence as fair.
Prosecutors have portrayed Escalona as an unfit mother with a history of violence.
They have played recordings in which Escalona as a teenager threatened to kill her mother. They said she was a former gang member who started smoking marijuana at age Jocelyn suffered bleeding in her brain, a fractured rib, multiple bruises and bite marks, and was in a coma for a couple of days. Some skin had been torn off her hands, where doctors also found glue residue and white paint chips from the apartment wall, witnesses testified. Escalona's family has acknowledged their dismay and anger following the attack, but both her mother and sister asked the judge for leniency.
I wanted to beat my sister up. Ofelia Escalona, Elizabeth's mother, said her daughter hit her as a child, but she also said Elizabeth was abused growing up.
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Both Ofelia and Margaret Escalona argued that Elizabeth needed more help and not prison. Counselor Melanie Davis testified Wednesday that she believes from the conversations she has had with Elizabeth Escalona that the mother loves her five children, one of whom was born after the attack. Davis said she has been counseling Escalona since June, nine months after her arrest. In Ring , the Supreme Court held that the finding of an aggravating factor, as required to be eligible for a sentence of death under the Arizona sentencing scheme, could not be made by a judge alone.
Each exclusively judge-based sentence of death that was pending at the time Ring was handed down spurred a duty on the part of state courts to either change the sentence from death to life or remand the case for re-sentencing under a new capital sentencing statute. This Article is the first to provide an empirical examination of the results in Ring remand cases. Specifically, the Article details the Ring remand procedures and the results of these remands as they played out in Arizona. Jeffery M. McMullen, 50, of the block of Oak Street, is charged with three robbery offenses in the incident.
He was arraigned before District Judge Michael Zungali, who ordered that McMullen must have a mental exam before he can be released from prison Police Sgt. Isaac Hassen alleged in a sworn affidavit that McMullen entered the bank shortly before p. When the suspect told her it was a robbery, she told him to go to the next window, it was alleged. The second teller also thought it was a joke, police said. He also told her that he wanted the police to come. McMullen was taken into custody at the bank without incident.
Preferbly sic Loretto Pa. No press. Seal all files. In addition to reminding me of one of my favorite scenes from an early Woody Allen movie , this story provides still more evidence that would-be criminals still do not know how the federal sentencing system works. Such a note would have helped ensure his federal guideline calculation include a huge increase for intended loss and for a threat of violence, and thus would help him arrange an extra long stay at the federal prison at Loretto. As detailed in this press release , two prominent rights groups have a big new report on the use of solitary confinement for young offenders.
Here are details via the press release:. The isolation of solitary confinement causes anguish, provokes serious mental and physical health problems, and works against rehabilitation for teenagers, Human Rights Watch and the ACLU found. Human Rights Watch and the ACLU estimate that in , more than 95, young people under age 18 were held in prisons and jails.
A significant number of these facilities use solitary confinement — for days, weeks, months, or even years — to punish, protect, house, or treat some of the young people held there The New York City Department of Corrections, for example, reported that in fiscal year , which ended in June, more than 14 percent of all adolescents were held in at least one period of solitary confinement while detained. The average length of time young people spent in solitary confinement at Rikers Island was 43 days.
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More than 48 percent of adolescents at Rikers have diagnosed mental health problems The solitary confinement of young people under age 18 is itself a serious human rights violation and can constitute cruel, inhuman, or degrading treatment under international human rights law, Human Rights Watch and the ACLU said. Conditions that compound the harm of solitary confinement, such as denial of educational programming, exercise, or family visits, often constitute independent, serious human rights violations.
A number of corrections officials have begun to recognize and speak against the use of solitary confinement, saying that it is costly, ineffective, and harmful. There are alternative ways to address the problems — whether disciplinary, administrative, protective, or medical — that officials typically cite to justify using solitary confinement, while taking into account the rights and special needs of adolescents, Human Rights Watch and the ACLU said. Youth could be housed in specialized facilities organized to encourage positive behavior. And punishment should be proportional to the infraction, using any short-term isolation as a rare exception.
They should also prohibit housing adolescents with adults or in jails and prisons designed to house adults, and strictly regulate and monitor all forms of isolation of young people. Former Goldman Sachs Group Inc. But this month he will likely receive a more lenient sentence than the year-prison term given to Raj Rajaratnam, to whom Mr.