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PNS Daily Newscast - November 11, 2022Play
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The balance of power for Congress remains in question as votes
are still counted in states like Arizona, and this week's
election's saw renewed concerns about gerrymandered maps in
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the DNC and say they're feeling optimistic about the future
following Election Day. Biden is expected to meet with Chinese
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issues. Alex Jones is ordered to pay more in punitive damages
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Democrats exceed expectations with rural voters in key midterm
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Criminal JusticeNewsMEDIA OUTLETS - SIGN UP
HEREPressure Mounts to Compensate NC Man Wrongfully
ImprisonedReport: KY County Jails Can Help Keep Kids
Connected to Incarcerated ParentsPush to Pardon KY Residents
Convicted of Marijuana PossessionNorth Dakota Has Complex
Legal Dynamic Surrounding Marijuana Convictions
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There were 129 exonerations nationwide in 2020,
according to research from the University of Michigan Law
School. (Adobe Stock)
One in 10 children in Kentucky has experienced the

trauma and hardship of having his or her mom or dad locked up,
according to Kentucky Youth Advocates. (Adobe Stock)
Black people are still more likely to be arrested for
marijuana possession than white people in every state, including
in those states that have legalized marijuana use. (Adobe Stock)
North Dakota voters have rejected past efforts to legalize
marijuana, but state lawmakers have taken steps to reduce the
burden of minor offenses. (Adobe Stock)
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Tuesday, October 4, 2022
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Monday, October 17, 2022
Thursday, October 13, 2022
Advocates for a man wrongfully imprisoned for decades due to
misconduct by a Durham Police detective and released in 2016,
want the city to honor a federal grand jury's decision and pay
him $6 million.
Critics said the city's position in the case of Darryl Howard
sets a bad example and undermines credibility. Durham
officials countered the city lacks the legal authority to
compensate Howard, citing a resolution prohibiting paying for
judgments for employees.
Bradley Bannon, Howard's attorney at Patterson Harkavy in
Chapel Hill, said Durham wants to be seen as progressive, but is
not living up to its professed morals.
"After you go through the criminal courts to prove your
innocence, you go to the governor and prove your innocence,
you go to a civil jury and prove your innocence, 'We're not
going to pay you that.' It is an extraordinary slap in the face of
a citizen who has already been so traumatized by the misuse of
power," Bannon argued.
The grand jury found a Durham detective manufactured
evidence resulting in Howard's conviction in the 1990s for a

double murder. Bannon added Howard is now 60, and many of
his relatives have passed away.
Research shows for murder exonerations, the average
lag time between conviction and exoneration is almost 15 years.
Bannon explained because Howard received a gubernatorial
pardon of innocence, he is also entitled under state law to
statutory compensation of $750,000 dollars, but he noted the
compensation amount is unrelated to the reasons a person ends
up wrongfully behind bars.
"They wanted to compensate wrongfully convicted people for
their wrongful incarceration at $50,000 a year. But they also
decided to cap that at $750,000, which is effectively 15 years,"
Bannon explained. "That has nothing to do with the separate
issue of why they were wrongfully convicted."
Bannon added he expects further litigation.
"I think that over the next couple of months, there will not only
be activity in the underlying case, in terms of appeals at the
Fourth Circuit, but there'll be separate lawsuit activities
regarding this issue of indemnification and payment," Bannon
stated.

References:
Letter Emancipate NC 09/06/2022Misconduct study Univ.
of Mich. 09/01/2020Nat'l Registry of Exonerations Univ. of
Mich. 03/30/2021get more stories like this via email
Some county jails in the Commonwealth are creating or
expanding parent-child visitation policies, but experts argued
more work needs to be done to help families forge and maintain
healthy bonds.
According to a
new report by Kentucky Youth Advocates and the
Kentucky Social Welfare Foundation, jails in at least 30
counties currently have some form of in-person visitation. But
few jails allow physical contact between parent and child
without the obstruction of a divider.
Anne Eason, licensed clinical social worker and chairperson of
the Kentucky Social Welfare Foundation, said children with
parents in jail often face greater economic barriers and housing
instability, even if they are able to live with other family
members. She added children separated from their parents often
experience higher levels of anxiety, depression and substance
abuse.

"It certainly can affect the parent-child bond and attachment,"
Eason pointed out. "Which leads to further problems with
children in terms of their mental health."
Jails in six counties said they did not require families to pay for
phone or video calls, which can financially burden families.
According to the report, a fifteen-minute phone call between an
incarcerated individual and a family member in Kentucky costs
on average $11.30. The state currently has the 11th highest rate
of children who have at least one incarcerated parent in the
nation.
Wendy Hall, program coordinator at the Kentucky River
Regional Jail, has worked to implement programs offering
parents regular face-to-face contact with their children. She said
having time to be a parent can contribute to successful re-entry
into society.
"It makes the incarcerated person feel more human, because
they're getting to see their child instead of saying, you know,
can't be around your kid at all," Hall pointed out. "It gives them
a sense of pride after the visit. After the visit they are on cloud
nine."
Amy Snow, co-founder of the Frankfort-based Wanda Joyce

Robinson Foundation, said more jails could partner with
community groups offering support for families, including
therapy and payment assistance for transportation and video and
phone calls.
"We provide video visitation for any Franklin County child with
their parent," Snow explained. "We have a vetting system for
that through the Department of Social Services. And we're able
to offer that in any facility, no matter where it is, as long as that
facility has the capability to do video visitation."
According to data from the Marshall Project, nationwide,
around
one in eight incarcerated parents with children in foster
care have had their parental rights terminated.
References:
Report Ky. Social Welfare Foundation Oct.
2022Incarcerated parents report The Marshall Project
12/02/2018get more stories like this via email
Criminal justice reform advocates in the Commonwealth are
asking Gov. Andy Beshear to decriminalize marijuana
possession. The request follows President Joe Biden's
announcement of

mass pardons at the federal level for people who were
convicted of carrying marijuana.
Rep. Nima Kulkarni, D-Louisville, explained state
decriminalization policies would ensure Kentuckians with minor
drug possession and paraphernalia charges would have the
option for record expungement.
"And what Biden recommended is that governors look into what
those possible pardon powers are," Kulkarni noted. "And to use
them, to make sure that his focus on the decriminalization
aspect of cannabis use is done on a state level."
She added mounting evidence indicates simply legalizing
marijuana does not significantly affect the number of people
facing barriers in employment, housing and reduced income as
consequences of drug-possession charges, particularly Black
and brown people.
Kungu Njuguna, policy strategist for the ACLU of Kentucky,
pointed out marijuana possession is a major driver of
incarceration nationwide.
"What we know in Kentucky is we know that in 2020, there
were over 7,000 Kentuckians who had a conviction for
possession of marijuana," Njuguna reported. "That's one year.

So, the governor could do a great many things by doing this
pardon."
Earlier this year, Kulkarni
introduced legislation which would have decriminalized
cannabis possession, of an ounce or less, for adults 21 and
older, and also provide funding for clearing their records.
"In Kentucky, it's $500 per application," Kulkarni emphasized.
"Which is pretty prohibitive, when you think about how
difficult it is for people with convictions on their record to get
jobs."
Gov. Andy Beshear has created a
Team Kentucky Medical Cannabis Advisory Committee
to provide feedback on how legalizing medical cannabis could
help Kentuckians with chronic pain and other medical
conditions.
References:
Reform announcement White House 10/06/2022House Bill
224 2022Committee information Office of the Governor

06/14/2022Marijuana reform information ACLU 03/23/2021get
more stories like this via email
Marijuana policy is back at the forefront in North Dakota and
on the national level. It has sparked questions about barriers
created by low-level criminal offenses, and avenues for getting
them addressed.
Last week, President Joe Biden
announced pardons for simple marijuana possession,
covering more than 6,000 people in the U.S.
The administration urged states to do the same, although North
Dakota recently began allowing people with these offenses to
apply to have them
removed from their record.
Adam Justinger, a defense attorney in Fargo, credits North
Dakota for some of its reforms, but he said the process for a
separate option, having a criminal record sealed, is not always
easy.
"It takes quite a bit of time just to draft up a petition," Justinger
pointed out. "If the state or the city opposes that petition, we're
gonna have to have a contested hearing on it before a judge. So,
I mean, taking that route, it is kind of difficult for people."

He suggested greater efficiencies for these situations, especially
for people who can't secure legal help. The seal option applies
to multiple offenses. However, since then, North Dakota has
adopted a more direct pardon application process for marijuana
offenses. The analysis coincides with North Dakota's
ballot question this fall on whether there should be
legalization for those age 21 and older.
If approved, it would not address people with past convictions.
Rep. Karla Rose Hanson, D-Fargo, who sits on the House
Judiciary Committee, said the other collective efforts at the
state and federal level hopefully lead to improved outcomes for
those who have struggled with a minor offense.
"Having stable housing, having a job are key factors for
someone getting on the right track for life," Hanson contended.
"We want to make sure that they have a smooth path to being a
productive member of our society going forward."
And Hanson, who does support legalizing small amounts of
marijuana, argues the Legislature has shown willingness to
update reforms if problems surface. Another recent reform in
North Dakota involves reduced penalties for pot possession.
First-time offenses for a half-ounce or less now come with a
fine, but no possibility of jail time.

References:
Pardons White House 10/16/2022N.D. pardons Office of
the Governor 01/17/2020Ballot question information Office of
the Sec'y of State 2022get more stories like this via emailOne in
10 children in Kentucky has experienced the trauma and
hardship of having his or her mom or dad locked up, according
to Kentucky Youth Advocates. (Adobe Stock)
Social IssuesReport: KY County Jails Can Help Keep Kids
Connected to Incarcerated Parents
Black people are still more likely to be arrested for
marijuana possession than white people in every state, including
in those states that have legalized marijuana use. (Adobe Stock)
Social IssuesPush to Pardon KY Residents Convicted of
Marijuana Possession

North Dakota voters have rejected past efforts to legalize
marijuana, but state lawmakers have taken steps to reduce the
burden of minor offenses. (Adobe Stock)
Social IssuesNorth Dakota Has Complex Legal Dynamic
Surrounding Marijuana Convictions
Before getting a criminal annulment, people can review a
checklist provided by the state of New Hampshire to ensure
they're eligible. Otherwise, they could be stuck waiting for a
few years before being able to apply again. (Vitalii
Vodolazskyi/Adobe Stock)
Social IssuesNH Legal Clinic to Aid in Criminal-Record
Annulment
Some marijuana convictions, which keep people from
getting a better job, joining the military, going back to school
or getting a student loan, can be erased right now. (Adobe

Stock)
Social IssuesLegal Clinic: How to Put a Pot Conviction Behind
You
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40 facilities, ranging from traditional prisons to work camps
and transition centers. (Adobe Stock)
Social IssuesGroups Call for Water Infrastructure Testing in IL
Prisons
Nebraska taxpayers are on the hook for more than $38,000
a year for every person serving time in the state's prison system.
(Adobe Stock)
Social IssuesNebraska's Prison Overcrowding Emergency Now
in Third Year

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families with kids all the way into their pre-teen years.
(dglimages/Adobe Stock)
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with People in Need
An online tool that started in Washington state is connecting
caregivers and the people who need their services, and it's
getting some national …
Social IssuesAmple Options Await Adoptive Parents in Texas
Adopting a child is a big, important decision, but there also are
misperceptions about the complexity of the process - which
might mean thousands of …
Social IssuesArkansas Chosen for Military Apprenticeship Hub
Program

In Arkansas, thousands of people leave U.S. military service
each year and start searching for their next job, and some face
difficulty because their … In recent years, Wisconsin
Democrats have had some success in statewide elections, but
analysts say partisan political maps have made it hard for them
to pick up seats in the Legislature. (Adobe Stock)
Social IssuesWI Election Watchdog: Results a Mixed Bag for
Democracy
The long-term effects of Wisconsin's redistricting process were
once again highlighted in this week's elections. A nonpartisan
good-government group …
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Recognition
The majority of atomic veterans who participated in America's
nuclear bomb testing program between 1945 and 1962 are now
gone, but one from … The Rev. Dr. James Thurman, a retired

U.S. Army veteran, was the first Kentucky Veterans Hall of
Fame Inductee. (Photo courtesy of Thurman)
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in schools say resources still are hard to come by for providing
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