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Courts: Bail reform working, but sustainable funding needed
Legal Line News | 2018/02/19 22:47
The number of defendants being held before trial since New Jersey overhauled its bail system last year dropped by 20 percent, but the judge overseeing the program says it faces financial difficulties.

A report submitted last week by Judge Glenn Grant, who runs the state's court system, also shows the program faces financial difficulties because it relies on court fees instead of a "stable sustainable funding stream."

Proponents say the reforms championed by former Republican Gov. Chris Christie keep violent offenders detained until trial while providing poor, low-level defendants the opportunity to be freed.

But critics — including some lawmakers, law enforcement officials and the bail bond industry — say it has led to the quick release of some who weren't deemed a threat but were soon re-arrested on new charges.

The data shows 44,319 people were issued complaint warrants in New Jersey last year. Prosecutors sought to have 19,366 defendants detained until trial, but only 8,043 of those people were ordered held.

That means the state's pretrial jail population dropped by 20 percent from January 2017 to January 2018, and by 35 percent from January 2015 to January 2018.

At least two lawsuits have been filed seeking to overturn the changes, including one from a group backed by reality TV star Dog the Bounty Hunter.



Inmate in landmark Supreme Court case denied parole
Legal Line News | 2018/02/16 22:47
A 71-year-old Louisiana inmate whose case led to a landmark U.S. Supreme Court decision on juvenile-offender sentences was denied parole Monday, more than a half-century after he killed a sheriff's deputy at age 17.

A three-member panel from the state parole board voted 2 to 1 to keep Henry Montgomery imprisoned. The hearing was his first chance at freedom since his conviction decades ago and a vote to free him would have had to be unanimous. Montgomery now must wait another two years before he can request another parole hearing.

The Supreme Court's January 2016 decision in Montgomery's case opened the door for roughly 2,000 other juvenile offenders to argue for their release after receiving mandatory life-without-parole sentences.

Montgomery has served 54 years in prison for shooting East Baton Rouge Parish sheriff's deputy Charles Hurt in 1963, less than two weeks after Montgomery's 17th birthday. Last June, a state judge who resentenced Montgomery to life with the possibility of parole called him a "model prisoner" who seemed to be rehabilitated.

Montgomery's lawyers said he has sought to be a positive role model for other prisoners, serving as a coach and trainer for a boxing team he helped form at Louisiana State Penitentiary at Angola.

But the two parole board members who voted against Montgomery questioned why he hadn't accessed more prison programs and services that could have benefited him. One of the panelists, Kenneth Loftin, also said he was disappointed in some of Montgomery's statements during the hearing but didn't elaborate.

James Kuhn, the other board member who voted against Montgomery, noted that the Louisiana Sheriffs' Association submitted a statement opposing his release.

"One of the things that society demands, and police officers certainly demand, is that everyone abide by the rule of law. One of the rules of law is you don't kill somebody, and when you do there's consequences," Kuhn said.


UN court: Nicaragua must pay Costa Rica environmental costs
Legal Line News | 2018/02/02 10:06
The International Court of Justice has ordered Nicaragua to compensate Costa Rica for damage Nicaragua caused with unlawful construction work near the mouth of the San Juan River, in the court's first foray into assessing costs for environmental damage.

Friday's order by the United Nations' principle judicial organ follows a December 2015 ruling that Nicaragua violated Costa Rica's sovereignty by establishing a military camp and digging channels near the river, part of a long-running border dispute in the remote region on the shores of the Caribbean Sea.

In total, Nicaragua was ordered to pay just over $378,890 for environmental damage and other costs incurred by Costa Rica.

Later Friday, the court is set to demarcate parts of the maritime and land borders between the two Central American neighbors.


Top Pakistani court orders arrest of escaped police officer
Legal Line News | 2018/01/27 10:08
Pakistan's Supreme Court gave police three days to arrest an absconding officer who is involved in killing an aspiring model in a 'fake shootout', a lawyer said Saturday.

Attorney Nazeer Mehsud says suspended police officer Rao Anwar did not appear at a hearing Saturday. Chief justice Mian Saqib Nisar ordered his arrest and asked the Sindh police chief to summon him before him.

Anwar is accused killing of an aspiring social media model, Naqeebullah Mehsud, in a controversial shootout earlier this month. Anwar had maintained that Mehsud was a militant belonging to the Tehreek-i-Taliban Pakistan group, without providing evidence to support the claim. He went into hiding when an investigation found Mehsud to be innocent and said the shootout was staged.

Sanaullah Abbasi, a senior police officer, earlier told The Associated Press that Naqeebullah Mehsud was not linked to militants as claimed by Anwar.

Anwar gained prominence in recent years for several shootouts with alleged terrorists in which neither him nor any of his team members were hurt. Mehsud, from Waziristan and a father of three, was the latest victim of Anwar's last shootout.

Mehsud's death triggered violent protests in his eastern Karachi and a protest sit-in by Mehsud tribe's is still ongoing. "My son Naqeeb was innocent, he was righteous. Rao Anwar is a tyrant who killed my son," said Muhammad Ahmed Mehsud, Mehsud's father, adding that he was overwhelmed by the support he received for his son.



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