South Dakota Office of Attorney General

South Dakota Attorney General Jason Ravnsborg Removed from Office

South Dakota’s Republican-controlled state senate voted to impeach Attorney General Jason Ravnsborg on Tuesday.  The affirmative votes on the two articles of impeachment before the state’s upper chamber automatically remove the state’s embattled attorney general from office, according to The Associated Press.

The majority of Mount Rushmore State senators agreed that Ravnsborg caused a death, misled law enforcement, and abused the powers of his office, the AP continued.

The vote required a two-thirds majority.

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Juneteenth and America’s Racial-Justice Backslide

Juneteenth and America’s Racial-Justice Backslide

On June 17, 2021, President Biden signed legislation making Juneteenth, a Texas-based commemoration of the last group of slaves learning in 1865 that slavery had ended, a federal holiday. It was an ambivalent accomplishment, representing a tardy response to the racial-justice protests of 2020 and the payment of an overdue debt that Biden in particular, and Democrats generally, owed to Black voters. There were already signs that the “racial-justice summer” wave had crested, and the holiday’s embrace by corporations and the federal government would be a hollow gesture. The holiday’s “mix of low risk and low cost has made it an appealing virtue signal,” my colleague Zak Cheney-Rice argued at the time.

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Investigation into response to Uvalde shooting won’t be criminal, DOJ says

Uvalde shooting: investigation into response won’t be criminal, DOJ says

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divorce

Divorce: At the turn of the 20th century, the US had differing state laws.

The North Shore Limited departed Manhattan at 4:50 each afternoon in 1891. A swirl of steam and soot enveloped the crowds on the platform. The cacophony and oppressive heat were the same for the woman who had packed her meager possessions in a tenement on the Lower East Side and the one who had directed her maid to prepare her trunks in the parlor of a Fifth Avenue mansion. But the well- to-do booked tickets for a Wagner Palace Car, a serene mahogany and brocade escape from the overflowing second-class and dismal third-class options. A woman of means traveling alone booked four seats across two upholstered benches, an expensive but necessary signal of her propriety.

Before sunset on the second day, the train arrived in Chicago. It was not unusual to see a lady disembark alone in Great Central Depot, a fire-scarred structure that could not rival its grand New York counterpart. But for a few, their destination was still farther west. After an overnight stay in Chicago, they boarded the Illinois Central, speeding across the prairie toward the setting sun. As the train approached its final destination in the early hours of the next day, those on board became watchful, casting sidelong glances at any unfamiliar woman not accompanied by a man. For her, there could be only one reason to undertake this 1,500-mile trip: She had come to Sioux Falls, South Dakota, for a divorce.

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What if Algorithms Worked For Accused People, Instead of Against Them?

What if Algorithms Worked For Accused People, Instead of Against Them?

Throughout the U.S., judges, prosecutors, and parole boards are given algorithms to guide life-altering decisions about the liberty of the people before them, based mainly on perceived risks to “public safety.” At the same time, people accused and convicted of crimes are given little support. With underfunded public defense in most of these contexts, and no right to counsel in others (e.g., in parole decisions), the system is stacked against them. We wanted to find out what would happen if we flipped the script and used algorithms to benefit people entangled in the legal system, rather than those who wield power against them.

In a recent peer-reviewed study, the ACLU and collaborators at Carnegie Mellon and the University of Pennsylvania asked a simple question: Can one predict the risk of the criminal justice system to the people accused by it, instead of the risks posed by the people themselves?

The answer seems to be yes, and the process of creating a tool like this helps lay bare broader issues in the logic of existing risk assessment tools. While traditional risk assessment tools consider risks to the public such as the likelihood of reoffending, the criminal legal system itself poses a host of risks to the people ensnared in it, many of which extend to their families and communities and have long-term repercussions. These include being denied pretrial release, receiving a sentence disproportionately lengthy for the given conviction, being wrongfully convicted, being saddled with a record that makes it impossible to obtain housing or employment, and more.

Read the full story at ACLU.

First Step Act Inaction Keeps Federal Inmates In Prison

First Step Act Inaction Keeps Federal Inmates In Prison

The First Step Act (FSA), which among other things, provided federal prisoners a way to effectively lower their prison terms through participation in programs and productive activities. The law, signed by President Donald Trump in December 2018, meant that some prisoners could reduce their prison terms by up to one year. However, the rollout of the program has resulted in men and women remaining in prison well beyond what their release dates would be under FSA.

When the Federal Register published the final FSA rule on January 19, 2022, it also included comments from congressmen who expressed the need for clarity of the law. One such comment was “The Bureau does not have the resources to implement the FSA Time Credits program appropriately.” Over four months since that statement, it has proven to be true.

According to insiders at the BOP, prisoners and former executive staff with connections to the current state of the BOP as it relates to the FSA, there is “mass confusion at every institution,” and that the Designation and Sentence Computation Center, the entity ultimately responsible for calculating sentence duration, is backed up and the programming is not in place for FSA. The result is that thousands of prisoners are incarcerated beyond their legal release date.

Read the full story at Forbes.

When it comes to protecting prisoners’ rights and avoiding executions of innocent people, the top courts in the land are oddly impotent.

The 1990s Law That Keeps People in Prison on Technicalities

If you even half-paid attention in high school history class, you might be forgiven for thinking that federal courts are the most powerful courts in the land. After all, they’ve been responsible for landmark rulings about everything from abortion rights to school desegregation — disputes so well-known, the cases are household names: Roe v. Wade. Brown v. Board of Education. Despite those high-profile decisions, when it comes to protecting prisoners’ rights and avoiding executions of innocent people, the top courts in the land are oddly impotent.

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Sex crime conviction doesn't require a victim, court rules in case stemming from sting operation during 2017 Sturgis motorcycle rally

Sex crime conviction doesn’t require a victim, court rules in case stemming from sting operation during 2017 Sturgis motorcycle rally

The 8th Circuit Court of Appeals in South Dakota has ruled a sex crime conviction doesn’t require that there’s an actual victim.

The court last week upheld the conviction of a man stemming from a sting operation during the 2017 Sturgis motorcycle rally.

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