"Second look" laws to help reduce prison time are gaining traction across the country but Mississippi is not following suit.
A new report examinee policies in a dozen states which allow judges, rather than parole boards, to reconsider sentences. Mississippi lacks a "second chance" law but does provide an earlier parole option for older incarcerated individuals.
Becky Feldman, director of the Second Look Network for The Sentencing Project, explained the policy allows those who are 60 years old and have served 10 years and a quarter of their sentence to be considered for parole, except for those convicted of violent crimes or habitual offenders.
"Because of all those exclusions, violent crimes, and habitual offenders, I don't know how many 60-year-olds are serving sentences for misdemeanors," Feldman noted. "It's probably not a large population of people. So it's probably a pretty ineffective elder parole law."
Feldman pointed out six states and the District of Columbia permit a court to reconsider a sentence, usually under certain conditions, such as the person's age at the time of the offense and amount of time served.
Feldman argued it is essential for Mississippians to know allowing a judge to consider someone's rehabilitation in open court, with an adversarial and transparent process with an attorney, is a very different, meaningful and fair proceeding.
"It's something that I think should be strongly considered in every state, not just Mississippi, but particularly Mississippi because of the high prison population they have there," Feldman contended. "There's going to be, if it's not already, a significant aging prison population."
Feldman emphasized organizations, including the American Bar Association, the Fair and Just Prosecution and the Model Penal Code, call for legislatures to enact second look laws.
The report suggested 10 provisions to be included in any second look law to ensure broad, fair and meaningful application to the incarcerated. She added the most meaningful recommendation is to apply the statute retroactively.
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South Dakota's police training program included a new course this year, one specific to tribal communities.
A class of 20 graduated yesterday from the state's law enforcement academy in Pierre, including eight officers from three tribal nations.
Before now, tribal police officers typically traveled to New Mexico to receive both basic training and instruction specific to Native communities. For the first time, the state training this year included a course on criminal justice in Indian Country.
Marty Jackley, Attorney General, said law enforcement in the state has always "enjoyed strong relationships" across jurisdictions.
"The key part of this training, it builds those already existing relationships and makes them stronger. And it keeps our tribal officers closer to home."
In the past, traveling to New Mexico for the 13-week training has been a barrier for tribal officers. The localized class came about through partnership with the Bureau of Indian Affairs and funding approved by Gov. Kristi Noem, despite tensions this year between the governor and tribal leaders.
Jackley noted he has included next year's class in his budget for the 2025 legislative session.
"The governor has been very supportive of this class and so the hope is we're able to recreate this and build upon it, one class every year," Jackley asserted.
The training was rolled out this spring following moves by all nine tribes across the state to ban the governor from their lands. The bans were largely in response to inflammatory statements Noem made, including her allegation tribal leaders are "personally benefiting" from area drug cartels.
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North Carolina has not carried out an execution in 18 years and advocates are urging Gov. Roy Cooper to commute all death row sentences before he leaves office.
Noel Nickle, executive director of the North Carolina Coalition for Alternatives to the Death Penalty, warned the long pause could end soon, as it depends on ongoing Racial Justice Act litigation and lethal injection protocol challenges.
"It's not a question of if executions will resume in North Carolina but it is a matter of when they will resume," Nickle contended. "Given the current makeup of our state legislature and our state Supreme Court, we feel certain that the two litigation issues that have prohibited executions will fall away."
North Carolina currently has the fifth-largest death row in the United States, with 136 people. The coalition has placed billboards around Raleigh to highlight the urgency of commuting these death sentences to life in prison.
Nickle argued abolishing the death penalty would be a major step toward a fairer justice system. She noted history has proven not everyone sentenced to death is guilty. In all, 12 people in North Carolina have been exonerated and released from death row. Nickle also pointed out racial disparities in death penalty sentencing.
"Sixty percent of our death row is made up of people of color and the demographic in North Carolina is that 30% of our citizens are people of color," Nickle outlined. "More than half the people on death row were sentenced by an all-white or a nearly all-white jury."
Nickle also challenged misconceptions about the death penalty, arguing it is neither fair nor cost-effective. She highlighted some victims' families have expressed executions do not bring healing or closure. Nickle also cautioned resuming executions would have a significant emotional and financial impact on the justice system.
"When executions resume, just imagine the strain and the traumas that will be placed upon the individuals, our state employees, not having done any executions in 18 years," Nickle emphasized. "We know from other states that have resumed executions that it's a tremendous strain on the system."
With 23 states in the U.S. having abolished the death penalty, the group hopes North Carolina will join the growing number of states choosing to end the practice. The group will continue advocacy efforts with a 136-mile walk on Sept. 26.
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Charleston City Council members have greenlighted a citizen-led municipal measure to reduce local penalties for some marijuana possession offenses.
Bill Number 8039 removes fines and jail time for first-time low-level possession of marijuana. Currently under state law, marijuana possession is a criminal misdemeanor, punishable by up to six months in jail and a $1,000 fine.
Corey Zinn, a community organizer for the group Charleston Can't Wait, said the move is a positive step forward for the city.
"We're guaranteeing that if you haven't had another drug offense, that if you're arrested with 15 grams or less, that you're not going to have a fine, you're not going to serve jail time," Zinn outlined.
According to Section 89 of the city charter, Charleston residents can introduce measures to the ballot by petition, an ordinance or amendment with enough signatures. More than 4,000 residents signed the petition to reduce marijuana possession penalties.
Zinn added it was encouraging to hear city lawmakers acknowledge the community harms associated with criminalizing marijuana. According to data from West Virginia University, more than 1,600 residents were arrested in 2021 for marijuana possession or sales.
"It felt really powerful to hear those conversations and to talk about the racial disparities," Zinn noted.
Zinn feels the city is drastically limited in changing drug policies because of West Virginia's harsh penalties for possession.
"There's still this message that this is still a crime, this is still something that you should not do, and I think a lot of people would agree that's not really the case," Zinn pointed out. "If there's not some other crime being committed, then there shouldn't be an issue with this."
An overwhelming majority of U.S. adults, 88%, said marijuana should be legal for medical or recreational use, according to a survey released earlier this year by the Pew Research Center.
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