NY Times spotlights the growing popularity of “ban-the-box” laws

An article on the front page of today’s New York Times describes the growing popularity of “ban-the-box” laws to help people with a criminal record get jobs.  The article also discusses the massive hurdles to employment that many with a criminal conviction in their past — some of which are for minor offenses that are a decade or more old — face without such laws in place to ensure fair hiring practices. The National Employment Law Project (“NELP”) keeps track of the growing number of states and cities that have adopted ban-the-box laws, including summaries of the laws and policies in those jurisdictions.  NELP’s current guide to state and local ban-the-box laws (including coverage of legislative initiatives) can be found here. From the article: During the past several months, states and cities as varied as Illinois; Nebraska; New Jersey; Indianapolis; Louisville, Ky.; and New Orleans and have adopted so-called Ban the Box laws. In total, some 70 cities and 13 states have passed such laws — most in the past four years. The laws generally prohibit employers from asking applicants about criminal records as an initial step in the hiring process and from running criminal background checks until job seekers are considered serious candidates […]

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Gubernatorial candidate brings clemency issues to forefront of Maryland race

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Larry Hogan, Republican candidate in the Maryland gubernatorial race, criticized current governor Martin O’Malley’s sparing use of executive clemency and pardon power. As reported in the Washington Post: Republican Larry Hogan says a governor’s authority to commute sentences and pardon prisoners is an important power that he would rejuvenate if he is elected governor. Hogan spoke in an interview with reporters of The Associated Press on Monday. Hogan says he believes Gov. Martin O’Malley’s administration hasn’t made pardons and commutations a priority of his tenure. Hogan says while he considers himself to be a tough law and order candidate, there are people who need the pardon and commutation process. He says he would seek help former Gov. Robert Ehrlich’s help in using the power more.

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Federal court embraces as-applied Second Amendment limit on federal felon-in-possession prohibition

A federal district court in Philadelphia has issued the first decision to invalidate the federal felon-in-possession statute on constitutional grounds. The notable as-applied Second Amendment ruling comes in Binderup v. Holder, No. 13-cv-06750 (E.D. Pa. Sept. 25, 2014).  Perhaps significantly, Binderup is a civil rights suit brought by an individual seeking relief from a minor conviction in his distant past, not one in which a defendant is seeking to avoid prosecution a federal criminal on Second Amendment grounds.  Here is an excerpt from the opinion: As further discussed below, plaintiff distinguishes himself from those individuals traditionally disarmed as the result of prior criminal conduct and demonstrates that he poses no greater threat of future violent criminal activity than the average law-abiding citizen. Therefore, he prevails on his as-applied challenges to § 922(g)(1) on Second-Amendment grounds under the framework for such claims set forth by the United States Court of Appeals for the Third Circuit in United States v. Barton, 633 F.3d 168 (3d Cir. 2011). The Binderup decision is here.  Gene Volokh’s comments on the decision from the Volokh Conspiracy are here. Alan Gura, who represented Mr. Binderup and argued both D.C. v. Heller and McDonald v. City of Chicago […]

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New York colleges told to “ban the box” on admissions form

The website of the Center for Community Alternatives announces this important development involving college admissions: The campaign to eliminate barriers to higher education for people with criminal history records, led by the Education from the Inside Out Coalition, is gaining traction. Less than a month ago, the New York Times Editorial Board called for colleges to remove the question about criminal records from college admissions applications. Today, the New York State’s Attorney General’s office announced a settlement with three colleges in New York state, that will end their practice of asking applicants if they have ever been arrested. The New York Times article about the settlement cites CCA’s study to support the Attorney General’s actions. Link to the New York Times editorial. Link to the New York Times article. Link to the Attorney General’s Press Release.

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Split NJ Supreme Court holds sex offender GPS tracking is punishment subject to ex post facto limits

As reported in this local article, headlined “Some sex offenders can’t be forced to wear GPS monitors, N.J. Supreme Court rules,” the top state court in the Garden State issued a significant constitutional ruling holding that New Jersey cannot force sex offenders to wear GPS tracking devises if they were convicted before the monitoring program was signed into law seven years ago. The court voted 4-3 to uphold an appellate panel’s decision that said it was unconstitutional for the state Parole Board to require George C. Riley to wear the ankle monitor when he was released from prison in 2009 after serving 23 years for attempted sexual assault of a minor. Justice Barry Albin wrote that Riley, 81, of Eatontown, should not be subject to the 2007 law because it constitutes an additional punishment that was not included in the sentence he already served. The Court agreed with the lower court that the “retroactive application” of the GPS program to Riley violates the ex post facto clauses in the U.S. and state Constitutions, which safeguard against imposing “additional punishment to an already completed crime.” The court also rejected the state’s argument that the GPS monitor is not punitive but “only […]

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