Archive: Criminal Justice

  • Resolution in Support of Voucher-Based Models for Selection of Counsel for Indigent Defendants in Criminal Cases January 15, 2014

    Resolution in Support of Voucher-Based Models for the Selection of Counsel for Indigent Defendants in Criminal Cases Summary This Resolution recognizes that an inherent conflict-of-interests exists when indigent counsel is selected by a court rather than the defendant, and it recognizes that while this problem can never be entirely resolved, it can be ameliorated by policies that promote voucher-based systems (similar to school vouchers) that reject top-down, government-directed systems in favor of systems that tap into the benefits of free-market forces. Model Resolution Whereas, the Sixth Amendment to the U.S. Constitution, incorporated by the Fourteenth Amendment, provides that “[i]n all […]

  • Justice Safety Valve Act September 30, 2013

    Justice Safety Valve Act Summary This act would provide sentencing judges with discretion to depart from mandatory minimum sentences for nonviolent offenders who meet specified criteria. Model Policy {Title, enacting clause, etc.} {Section 1.} Title. This Act shall be known as the Justice Safety Valve Act. {Section 2.} Sentencing. (A) Notwithstanding any other provision of law, when sentencing a person convicted of a violation for which there is a mandatory minimum sentence, but which did not: (1) Include the use, attempted use or threatened use of serious physical force by the defendant against another person or result in the serious […]

  • The Review of Penal Laws Act August 19, 2013

    Summary This Act forms an interim commission of key stakeholders and experts to make recommendations to the legislature regarding the review of penal laws that are unnecessary, unclear, duplicative, overly broad, or otherwise insufficient to serve the purpose of the law. Model Policy {Title, Enacting Clause, etc.} {Section 1.} Commission to Study Certain Penal Laws  (A) A commission is created to study and review all penal laws of this state other than criminal offenses: (1)   Under the Penal Code; (2)   Under Health and Safety Code that involve illicit controlled substances; or (3)   Related to the operation of a motor vehicle. […]

  • Model State Bill Prohibiting Wireless Handsets in Prisons* March 15, 2013

    Model State Bill Prohibiting Wireless Handsets in Prisons* Summary: Most prisons prohibit inmates from possessing mobile phones or wireless handsets due to their ability to communicate with the outside world, which raises concerns about prison security. They provide inmates with the ability to send and receive unauthorized phone calls, email and text messages, use social media, and follow news pertaining to their case. They can also be used to plan an escape or coordinate criminal activity. Therefore, mobile phones and wireless handsets are some of the most smuggled items into prisons. This bill aims to curb the smuggling of mobile phones and wireless handsets into prisons for prohibited […]