Castellini v. Lappin.U.S. District Court EX POST FACTO ex post facto adj. Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. Such laws are specifically prohibited by the U. S. RECOMMENDATIONS Castellini v. Lappin, 365 F.Supp.2d 197 (D.Mass. 2005). A federal prisoner sued the director of the federal Bureau of Prisons Noun 1. Federal Bureau of Prisons - the law enforcement agency of the Justice Department that operates a nationwide system of prisons and detention facilities to incarcerate inmates sentenced to imprisonment for federal crimes BoP seeking a preliminary injunction to bar the termination of the "boot camp" shock incarceration Confinement in a jail or prison; imprisonment. Police officers and other law enforcement officers are authorized by federal, state, and local lawmakers to arrest and confine persons suspected of crimes. The judicial system is authorized to confine persons convicted of crimes. program until the Bureau complied with administrative regulations, and asking to be considered for inclusion in the program. The district court issued a preliminary injunction, enjoining en·join tr.v. en·joined, en·join·ing, en·joins 1. To direct or impose with authority and emphasis. 2. To prohibit or forbid. See Synonyms at forbid. the Bureau from terminating the program until it complied with the Administrative Procedures Act (APA (All Points Addressable) Refers to an array (bitmapped screen, matrix, etc.) in which all bits or cells can be individually manipulated. APA - Application Portability Architecture ) and instructing the Bureau to consider the prisoner's eligibility for the program in good faith. The court found that the Bureau had the discretionary authority to close the program because Congress did not make a specific appropriation covering the program. The court noted that the Bureau complied with the notice and comment requirements of APA when it created the program and when it made numerous changes in program regulations. The court found that failing to consider the prisoner for the program was a violation of the ex post facto clause because the prisoner had requested consideration before termination was announced. The prisoner's sentence included a "boot camp" recommendation. (Shock Incarceration Program, Federal Bureau of Prisons) |
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