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Tuesday, May 18, 2021
Monday, May 3, 2021
Alan Dershowitz helped sex offender Jeffrey Epstein get a plea deal
Alan Dershowitz helped sex offender Jeffrey Epstein get a plea deal. Now he’s tweeting about age of consent laws.
“I’m going to continue to speak out until the day I die,” the Harvard Law professor told Vox.
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When Jeffrey Epstein found out in 2005 that he was being investigated by police for the sexual abuse of underage girls, he called Alan Dershowitz.
A Harvard Law School professor and high-profile defense lawyer, Dershowitz helped negotiate a “non-prosecution agreement” under which Epstein served just 13 months in a county jail, much of it spent on “work release” in an office. Ever since details of that agreement were reported by Julie K. Brown of the Miami Herald, Dershowitz and his role in the deal have been under added scrutiny.
That only increased this week with the publication of a New Yorker story by reporter Connie Bruck, detailing not just Dershowitz’s role in defending Epstein, but also allegations by two women who say that they were directed to have sex with Dershowitz while in Epstein’s orbit. Dershowitz vehemently denies both allegations.
Despite widespread attention to his role in the Epstein case — and a defamation suit from one of his accusers — Dershowitz has no intention of laying low. For instance, he continues to publicly criticize age-of-consent laws — most recently on Twitter, earlier this week.
For some, his defense of Epstein is a reminder of the way the American legal system continues to favor powerful men who can pay high-profile attorneys.
But Dershowitz sees himself as the wronged party, victimized by women who are lying about him, but determined to clear his name.
“I’m a victim of false accusation,” he told Vox, “and I’m going to continue to speak out until the day I die.”
A Jailhouse Lawyer’s Manual
A Jailhouse Lawyer’s Manual
12th Edition
LEGAL DISCLAIMER
A Jailhouse Lawyer’s Manual is written and updated by members of the Columbia Human Rights Law Review. The law prohibits us from providing any legal advice to prisoners. The information is not intended as legal advice or representation nor should you consider it as such. Additionally, your use of the JLM should not be construed as creating an attorney-client relationship with the JLM staff or anyone at Columbia Law School. We have attempted to provide information that is up to date and useful. However, because the law changes frequently, we cannot guarantee that this information is current or correct.
If you are printing chapters of the JLM for use by someone other than yourself, please include the title page and legal disclaimer, which can be accessed in PDF form by clicking on the blue, “Title Page & Legal Disclaimer” link below.
To view PDFs of the 12th Edition of the JLM, please click on the chapter titles in the Table of Contents below.
Foreword by Justice Thurgood Marshall
Section I: Introduction to the JLM and How to Use It
Section II: Learning Your Rights
Chapter 2: Introduction to Legal Research
Chapter 3: Your Right to Learn the Law and Go to Court
Section III: How to File a Lawsuit and Learn About Your Case
Chapter 4: How to Find a Lawyer
Chapter 5: Choosing a Court and a Lawsuit
Chapter 6: An Introduction to Legal Documents
Chapter 7: Freedom of Information
Chapter 8: Obtaining Information to Prepare Your Case: The Process of Discovery
Section IV: How to Attack Your Conviction or Sentence
Chapter 9: Appealing Your Conviction or Sentence
Chapter 10: Applying for Re-Sentencing for Drug Offenses
Chapter 11: Using Post-Conviction DNA testing to Attack Your Conviction or Sentence
Chapter 12: Appealing Your Conviction Based on Ineffective Assistance of Counsel
Chapter 13: Federal Habeas Corpus
Section V: How to Attack the Conditions of Your Imprisonment
Chapter 14: The Prison Litigation Reform Act
Chapter 15: Inmate Grievance Procedures
Chapter 16: Using 42 U.S.C. § 1983 to Obtain Relief from Violations of Federal Law
Chapter 17: The State’s Duty to Protect You and Your Property: Tort Actions
Chapter 18: Your Rights At Prison Disciplinary Proceedings
Chapter 19: Your Right to Communicate with the Outside World
Section VI: How to Attack Your Conviction, Sentence, or Prison Conditions at the State Level
Chapter 21: State Habeas Corpus: Florida, New York, and Michigan
Section VII: General Health and Safety Rights in Prison
Chapter 23: Your Right to Adequate Medical Care
Chapter 24: Your Right to be Free from Assault by Prison Guards and Other Incarcerated People
Chapter 25: Your Right to be Free from Illegal Body Searches
Chapter 26: Infectious Diseases: AIDS, Hepatitis, Tuberculosis, and MRSA in Prison
Section VIII: Issue-Specific Rights
Chapter 27: Religious Freedom in Prison
Chapter 28: Rights of Incarcerated People with Disabilities
Chapter 29: Special Issues for Incarcerated People with Mental Illness
Chapter 31: Security Classification and Gang Validation
Chapter 33: Rights of Incarcerated Parents
Chapter 34: The Rights of Pretrial Detainees
Chapter 35: Getting Out Early: Conditional and Early Release
Chapter 36: Special Considerations for Sex Offenders
Chapter 37: Rights Upon Release
Chapter 38: Rights of Youth in Prison
Chapter 39: Temporary Release Programs
Chapter 41: Special Issues of Incarcerated Women
Section IX: Appendices
Appendix II: New York State: Filing Instructions & Addresses of New York State Courts
Appendix III: Addresses of New York District Attorneys
Appendix IV: Directory of Legal and Social Services for Incarcerated People
Appendix V: Definitions of Words Used in the JLM
Wednesday, April 10, 2019
How to File a Section 1381 Motion
How to File a Section 1381 Motion under the California Penal Code
Section 1381 of the California Penal Code
Section 1381 applies only when a defendant is currently imprisoned but has another charge pending for a different crime. Section 1381 motions can be made only if the prisoner's current sentence is more than 90 days. If these conditions both apply, the prisoner can then file the 1381 motion for a speedy trial. Once the motion is made, the prisoner must be tried within 90 days or the charge must be dropped. The motion can be made by anyone currently incarcerated in state prisons, county jails, or held by the California Youth Authority.
What Section 1381 Accomplishes
The constitutional right to a speedy trial exists to prevent authorities from holding un-convicted prisoners in jail indefinitely while they await trial. Since a prisoner contemplating a Section 1381 filing is already incarcerated, the request for a speedy trial on a subsequent charge may seem to lack urgency – even after a subsequent trial and regardless of the outcome, the prisoner will remain incarcerated.
On the contrary, by filing the 1381 motion, the prisoner gives the court an opportunity to make the sentence from the later conviction run concurrently with the first.
Who May File
One difficulty for California prisoners who want to file a Section 1381 motion is that the State of California does not provide a Section 1381 form or official procedural instructions.
A prisoner must begin by determining his eligibility to file the 1381 Motion. The California Penal Code stipulates three qualifying conditions, each of which must be met. The defendant:
must have been convicted of a crime and sentenced to a minimum of 90 days.
must be presently incarcerated for that offense.
and must have other charges pending.
Pending charges that qualify under the statute can be any almost criminal proceeding that requires adjudication. This includes indictments as well as complaints.
The Essence of a 1381 Motion
A 1381 Motion requires that the relevant authorities bring the prisoner to trial on the pending charge within 90 days of filing unless the prisoner himself requests a continuance – that is, for a delay in the trial. The California Penal Code further requires that continuance requests be made in open court – that is, they can't be requested by a prisoner currently held in physical custody in a penal institution.
Failure to Provide a Timely Trial
If the District Attorney fails to provide the requested trial within 90 days, either the District Attorney or the defendant can move to dismiss the pending charge.
How and What to File
There are no formal requirements for the motion. The prisoner addresses a written communication to the relevant District Attorney by county and name and identifies it as a 1381 motion request. A sample 1381 motion is included in this article's Resource section.
The communication begins by identifying the prisoner by full name and prison number, then identifies the conviction that resulted in incarceration, the date of that conviction, where he is currently held, the name of the warden or jailer holding him and the scheduled date of release. The demand should specify that "pursuant to Penal Code section 1381," the motion is "for an Order dismissing the indictment, information, and/or complaint in the above-entitled matter" 90 days after the motion is filed.
Michael Fallon, a practicing California Defense attorney, also notes that sometimes district attorneys dispute the date of arrival of the 1381 notice. He recommends that prisoners send 1381 requests by registered mail with proof of service or, when the prisoner can arrange it, by personal service.
Tuesday, April 2, 2019
Really Liked what I Saw Today
So I sat in on some court proceedings today, and I have to say that I was very impressed with this particular judge.
She was fair, patient, and accommodating to everyone in the courtroom. So I just thought I'd give some recognition to The Honorable Pamela Smith-Stewart.
She was fair, patient, and accommodating to everyone in the courtroom. So I just thought I'd give some recognition to The Honorable Pamela Smith-Stewart.
Me outside of the courthouse today.
Friday, August 3, 2018
Wednesday, May 16, 2018
Monday, January 22, 2018
Prop 57 Info
Prop 57: Early Parole for Non-Violent Criminals
On November 8, 2016, California voters voted to approve Proposition 57, also known as California's Early Parole for Non-Violent Criminals and Juvenile Court Trial Requirements Initiative.
Proposition 57, or simply Prop 57, was added as a new part of the California Constitution found at Article 1, Section 32.
Prop 57 dramatically changes California adult sentencing law as well as juvenile court procedures in the following ways:
1) Per Prop 57, California prisoners convicted of non-violent felonies may apply for early release on parole after the prisoner completes the full term of any primary offense for which the prisoner was convicted.
The full term of any primary offense means the longest term of imprisonment imposed by the court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence.
Pre-existing good time credits for prison sentences on the primary offense continue to apply.
2) Prop 57 allows inmates the ability to earn more good conduct credits while in prison. The more good conduct credits the prisoner earns while in prison the earlier the prisoner may be released on parole.
Good conduct credits fall into three major categories: good behavior, educational, or rehabilitative. Good conduct credits may be used for earlier release to parole on all crimes (including violent crime), not just non-violent crimes.
3) Prop 57 allows judges, not prosecutors, to determine whether or not a minor is considered a juvenile for purposes of prosecution. The issue of whether a minor qualifies as a juvenile is determined at a transfer hearing.
Per Prop 57, to be granted early parole, all inmates, current and future, must demonstrate that they are rehabilitated and do not pose a danger to the public.
Prop 57 Procedures:
The California Board of Parole Hearings determines who is rehabilitated and therefore eligible for early release. Any prisoner approved for release will be subject to mandatory supervision by law enforcement. An inmate's petition for early release can, but not necessarily lead to the following:
- The Department of Corrections can choose to have convicted felons only serve a sentence for one of their offenses (the primary offense with time off for any good time credits).
- Extra enhancements can be disregarded, and a person can be released early if the California Department of Corrections feels that they should be released early.
What is a non-violent felony?:
Neither Prop 57, nor California law, defines non-violent felonies; however, violent felonies are listed in California Penal Code section 667.5. Violent felonies are also listed at the bottom of this post. If a felony is not listed at the bottom of this post then the felony should be considered non-violent, and therefore, covered under the benefits of Prop 57.
More Prop 57 Resources
California votersProposition You: Changing Landscape After Propositions 36,47, 57, 64 and 66https://www.cdcr.ca.gov/proposition57/
The below list is a list of California crimes that are considered violent. These violent crimes do not qualify for early release on parole under Prop 57; however, these crimes may qualify for increased good time credits under prop 57. The list of non-violent crimes that are affected by Prop 57 is too numerous to list; therefore, if your crime is not listed below, you may be eligible for early release on parole under Prop 57.
- Murder PC 187(a)
- Voluntary Manslaughter PC 192(a)
- Mayhem PC 203
- Aggravated Mayhem PC 205
- Rape of Mentally or Physically Disabled Person PC 261(a)(1)
- Rape of Unconscious Person PC 261(a)(4)
- Spousal Rape by Force or Fear PC 262(a)(1)
- Spousal Rape W/Threat of Retaliation PC 262(a)(4)
- Sodomy of Minor by Force or Fear PC 286(c)
- Sodomy in Concert by Force or Fear PC 286(d)
- Oral Copulation on Minor Under 14 and Defendant 10 Years or More Older Than Minor PC 288a(c)
- Oral Copulation in Concert by Force or Fear PC 288a(d)
- Lewd or Lascivious Acts on Minor Under 14 PC 288(a)
- Lewd or Lascivious Acts on Minor by Force or FearPC 288(b)
- Any Felony Punishable by Life Imprisonment or Death PC 667.5(c)(7)
- Any Felony In Which the Defendant Caused Great Bodily Injury or Personally Used a Firearm PC 667.5(c)(8)
- Robbery in Second Degree PC 211
- Robbery in First Degree PC 212.5
- Robbery of Train PC 214
- Arson with Injury PC 451(a)
- Arson to Inhabited Structure PC 451(b)
- Sexual Penetration by Foreign Object by Force or Fear PC 289(a)(1)(A)
- Sexual Penetration by Foreign Object on Minor Under 14 with Defendant 10 Years or More Older than Minor PC 289(j)
- Attempted Murder PC 664/187(a)
- Exploding Destructive Device Causing Death PC 18755(a)
- Exploding Destructive Device With Intent to MurderPC 18745
- Exploding Destructive Device Causing Injury PC 18750
- Kidnapping PC 207, 208, or 209
- Assault With Intent to Commit A Felony Sex CrimePC 220 (Note: Several Variations of Felony Sex Assault Crimes are Listed in PC 220)
- Continuous Sexual Abuse of A Child PC 288.5
- Carjacking PC 215
- Rape in Concert or Sexual Penetration With A Foreign Object by Force or Fear in Concert PC 264.1
- Gang Related Extortion PC 518, 186.22 & 667.5(c)(19)
- Threats to Victims or Witnesses Related to Gang Crimes PC 136.1, 186.22 & 667.5(c)(20)
- First Degree Burglary of Occupied House PC 460
- Use of Firearm During the Commission of A Violent Felony PC 12022.53
- Use of A Weapon of Mass Destruction PC 11418(b) & 11418(c)
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