South Dakota should embrace the role of public defenders, work to guide young adults out of trouble’s way, try harder to protect judges from danger and support problem-solving alternative courts, South Dakota Supreme Court Chief Justice Steven Jensen told lawmakers on Wednesday at the Capitol in Pierre.

Jensen also touched on potential changes to bar admission for law school graduates, trumpeting the work of a committee that recently recommended a pathway to licensure through public service or rural practice.

Continue reading “Chief justice: Prioritize public defense, problem solving courts and help for young adults” →

In 2023, most large U.S. cities saw a precipitous drop in the rate of homicides. Despite the public perception of a rise in violent crime in major metropolitan areas, cities like Chicago and New York City saw dramatic declines in murders from 2022. But a few cities bucked that trend, including the nation’s capital. With the fifth-highest murder rate among the country’s most populous cities, Washington, D.C. has drawn national attention for its recent spike in violent crime.

The statistics are sobering: 2023 was the District’s deadliest year since 1997, with 274 recorded homicides. With 40 homicides per 100,000 residents—an increase of 35 percent from the previous year—D.C.’s high murder rate contrasted with falling levels in most other major cities, an ominous reminder of the District’s unofficial status in the late twentieth century as “America’s murder capital.” The high number of homicides was inextricable from gun violence, as the majority of these homicides were caused by firearms.

Continue reading “Violent Crime Is Dropping Across the Nation—But Not in Washington, D.C. Here’s Why” →

Professor Alison K. Guernsey recently presented at a continuing legal education (CLE) seminar focused on improving federal criminal defense practices, alongside Dr. Alison Lynch, a psychiatrist at the University of Iowa Hospital and Clinics.

Professor Guernsey is director of Iowa Law’s Federal Criminal Defense Clinic, where law students have the opportunity to act as real attorneys and handle federal criminal cases under Guernsey’s supervision. Students represent indigent people charged with federal crimes at the district court level, as well as in post-conviction and sentence-reduction proceedings, including compassionate release. Before coming to Iowa, Guernsey was the supervising attorney for the Federal Defenders of Eastern Washington and Idaho.

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With 2023 drawing to a close, the Federal Bureau of Prisons (BOP) completed its first full year under the leadership of Director Colette Peters. Peters replaced controversial director Michael Carvajal who took over leadership of the BOP just as COVID-19 ripped across the country and brutally attacked prison populations across the country. Peters, who promised a more humane approach to prisoner care stating, “Our job is not to make good inmates. It’s to make good neighbors.” With that promise, challenges remain.

The BOP has huge responsibilities in the care and feeding of over 150,000 prisoners in its care and over 36,000 staff. It has an $8.7 billion annual budget and houses some of the most infamous criminals in the United States. It also houses nearly 50,000 inmates who are low and minimum security prisoners, many of whom are eligible for earlier release due to the First Step Act, a 2018 law that can decrease a sentence term by up to a year and potentially increase the amount of time the prisoner spends in community confinement.

Continue reading “Federal Bureau Of Prisons Faces Many Challenges In 2024” →

People who make, possess or distribute computer-generated child pornography would be in line for up to 10 years in prison and a spot on the South Dakota Sex Offender Registry under a bill proposed by Attorney General Marty Jackley.

The digital content ban would include imagery or videos built to resemble real children – “deepfakes,” in internet parlance – as well as imagery and videos that don’t target or resemble specific people, as generated through artificial intelligence or other software programs.

Possession of computer-generated child pornography is legal today under state law. When local local investigators discover a tranche of digital child porn, there’s nothing a state’s attorney can do but hand off the investigation materials to federal prosecutors, Jackley said.

Continue reading “‘Deepfakes’ child pornography ban pitched by attorney general” →

Two lawsuits aim to block the state from enforcing SF 496, which bans books with sexual content and prohibits instruction about sexual orientation and gender identity in K-6.

A federal judge plans to decide by Jan. 1 whether to block enforcement of a new education law that bans books containing sexual acts from school libraries and prohibits instruction related to sexual orientation and gender identity in K-6 classrooms.

The hearing in a Des Moines courtroom Friday combined arguments in two separate lawsuits challenging SF 496 as unconstitutional.

Continue reading “A federal judge will write the next chapter for Iowa’s book ban law” →

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Several states this year have reported lower rates of recidivism, showing that fewer convicted criminals are being re-arrested after leaving prison.

But those statistics hardly tell the full story.

Recidivism rates across the country can vary greatly because of how they’re defined, how the data is collected and how it’s presented to the public. So it can be difficult to say that, for example, one state is doing better than another in rehabilitating formerly incarcerated residents.

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The state of South Dakota will no longer be putting the brakes on personalized license plate applications because they might carry “connotations offensive to good taste and decency.”

Under an agreement to allow judgment to be entered against the state, which was submitted for court approval Friday, the state agreed to amend its personalized license plate law and the Motor Vehicle Division’s policy that infringed on the free speech rights of all South Dakotans.

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Two men, Luke Norden and Jeremy Borgan, are being charged with failing to report alleged crimes. The men, Norden the head coach for the Mitchell Post 18 Legion baseball team, and Borgan, a member of the Mitchell Baseball Association board, are each facing counts of failure to report abuse or neglect of a child.

These charges were made one week after six members of Mitchell Post 18’s varsity baseball team were charged with rape.

Under South Dakota law, a variety of persons are constituted as mandatory reporters of child abuse and neglect. Those who fail to report, according to statute, are guilty of a Class 1 misdemeanor.

Continue reading “Laws for Mandatory reporters in South Dakota” →