New Publication from the Sentencing Project: Ending Mass Incarceration: Social Interventions That Work

Mass incarceration has resulted from a great imbalance in our national approach to public safety, one that relies far too heavily on the criminal justice system. This has produced excessive levels of punishment and a diversion of resources from investments that could strengthen the capacity of families and communities to address the circumstances that contribute to crime.

Research has demonstrated that many social interventions are more cost-effective in producing better public safety outcomes than expanded incarceration. This policy brief discusses various interventions in early childhood education, juvenile justice, and community investment that have been demonstrated to be effective in reducing crime.

Read the full brief here.

Study Finds Defendants Released on Unsecured Bonds Pose No Greater Threat to Public Safety and Appear in Court as Regularly as Those Who Post Secure Bonds

For the first time ever, a study compares pretrial release outcomes by money bond type, controlling for the statistical risk level of defendants released pretrial.

Pretrial Justice Institute compared unsecured bonds (no money upfront, but a promise to pay the full amount if one fails to appear) with secured bonds (whether cash or surety, one must pay upfront in order to be released) in 1,919 cases in Colorado.


Some key findings include:

• Unsecured bonds are as effective at achieving public safety as secured bonds.
• Unsecured bonds are as effective at achieving court appearance as secured bonds.
• Higher dollar amounts of secured bonds are associated with more pretrial jail bed use but not increased court appearance rates.
• Unsecured bonds use far fewer jail beds than do secured bonds because more releasable defendants leave jail (94% unsecured versus 61% secured), and leave sooner.
• Unsecured bonds are as effective as secured bonds at preventing defendants who fail to appear in court from remaining at-large on a warrant.

Full Report  Unsecured Bonds: The As Effective And Most Efficient Pretrial Release Option
Fact Sheet    Unsecured Bonds, The As Effective And Most Efficient Pretrial

Louisville Law Review Commemorating Gideon

The University of Louisville Law Review  has released a series of six articles commemorating the 50th anniversary of the landmark Gideon v. Wainwright decision.  These pieces were written in connection with this summer's program at the Kentucky Bar Association's Annual Convention, “The Gideon Decision: Constitutional Mandate or Empty Promise? Does the 50th Anniversary  of the U.S. Supreme Court Decision Deserve a Celebration?”  

Gideon v. Wainwright 50th Anniversary Series

Gideon v. Wainwright: Process, Substance, and the Illusiveness of Fairness

Cedric Merlin Powell

52 U. Louisville L. Rev. Online 1 - 6 (2013).

Gideon v. Wainwright and the Lack of Commitment to Justice by Judges, Legislatures, Executives and the Bar

Stephen B. Bright

52 U. Louisville L. Rev. Online 7 - 21 (2013).

Amplifying Gideon's Trumpet, Revitalizing Gideon's Rule: A Prescription for Action

William J. Leahy

52 U. Louisville L. Rev. Online 22 - 31 (2013).

The Gideon Decision: Constitutional Mandate or Empty Promise? A Fifty-Year Deal Under Fire

Stephen F. Hanlon

52 U. Louisville L. Rev. Online 32 - 40 (2013).

Remarks at the 2013 Annual Kentucky Bar Association Convention

Amy Bach

52 U. Louisville L. Rev. Online 41 - 45 (2013).

The History of the Right to Counsel for the Indigent Accused in Kentucky

Robert C. Ewald, Daniel T. Goyette, Erwin W. Lewis, Edward C. Monahan

52 U. Louisville L. Rev. Online 46 - 58 (2013).

October 2013 Advocate Newsletter on DPA Courtroom Manual Series is now available

Click here to access.

KYSC - Melton - Court Costs and Public Defender Fees after incarceration

John Melton v. Commonwealth, 22-SC-488-MR (rendered 9/26/2013) (Not to be published)

The trial court erred in attempting to retain jurisdiction until Mr. Melton was released from incarceration in order to determine whether to impose court costs and partial public defender fees. The Kentucky Supreme Court held there is no statutory basis for a court to exercise jurisdiction beyond the end of proceedings (i.e., final sentencing) in order to determine the appropriateness of imposing court costs and a partial public defender fee. Robert Yang represented Mr. Melton on appeal.

Contributed by Karen Maurer 

Corrections reform legislation continues to yield positive results for the Commonwealth

From the Official Blog of the Kentucky Chamber of Commerce 


Supporters of Kentucky’s 2011 House Bill 463, a landmark corrections reform bill, gathered Wednesday in the Capitol Rotunda to hear the latest evidence of its continued success. Chamber President & CEO Dave Adkisson joined Rep. John Tilley, Sen. Whitney Westerfield and various members of the law enforcement community to voice support for the reform’s impact.

Complete Post 

KYSC - Allen - Self Representation and Standby Counsel

Ricky Allen v. Commonwealth, 2011-SC-000009-MR (rendered 9/26/2013)(to be published)

Mr. Allen ‘s Sixth Amendment rights were violated where Mr. Allen was permitted to represent himself at trial,  but was restricted from participating in bench conferences. The trial court allowed only standby counsel to participate in bench conferences based on the court’s determination that Mr. Allen was a threat to either disrupt the proceedings or flee, which left him unrepresented at critical stages of the trial proceedings.  Mr. Allen’s convictions of burglary in the third degree, criminal mischief in the first degree, theft by unlawful taking over $300.00, receiving stolen property, under $300.00, and being a persistent felony offender in the second degree, for which he received a sentence of twenty years, are reversed.  Tom Ransdell and Kate Benward represented Mr. Allen on appeal.  

Contributed by Karen Maurer