Thursday, April 7, 2011

7 April 2011

Some FL Pols Want to Cut Mandatory Minimums; Gov Opposes Change


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Florida's decades-old, tough-on-crime laws may have helped cut the crime rate, but legislators now say such policies put too great a burden on taxpayers and are too harsh, especially for drug addicts, the Miami Herald reports. The backswing of the public safety pendulum in the Capitol mirrors a conservative national reassessment of sentencing policies known as Right on Crime, led by former U.S. House Speaker Newt Gingrich and anti-tax crusader Grover Norquist.


Florida's decades-old, tough-on-crime laws may have helped cut the crime rate, but legislators now say such policies put too great a burden on taxpayers and are too harsh, especially for drug addicts, the Miami Herald reports. The backswing of the public safety pendulum in the Capitol mirrors a conservative national reassessment of sentencing policies known as Right on Crime, led by former U.S. House Speaker Newt Gingrich and anti-tax crusader Grover Norquist. In Florida, some Republican legislators want to eliminate minimum mandatory sentences for nonviolent offenders - mostly for drug abuse. Among their arguments is the epidemic of prescription drug abuse at storefront clinics known as "pill mills." "We have an awful lot of people out there who are simply drug addicts who need assistance. We need to figure that out," said Republican Sen. Ellyn Bogdanoff. "I'm just trying to make sure that drug addicts get help, and drug traffickers go to jail." Gov. Rick Scott opposes any changes in sentencing laws that would keep some people out of prison. "I don't want to change any of the sentencing guidelines," Scott said. "I think where we are is fine, and it's what's fair if someone commits a crime."




How Police Departments are Making Policies on Social Media Use


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Police departments are scrambling to develop rules on what officers can and cannot do online, says the New York Times "This is something that all the police chiefs around the country, if you're not dealing with it, you better deal with it," said Chief Mark Marshall of Smithfield, Va., president of the International Association of Chiefs of Police, which has its own model policy.


Police departments are scrambling to develop rules on what officers can and cannot do online, says the New York Times "This is something that all the police chiefs around the country, if you're not dealing with it, you better deal with it," said Chief Mark Marshall of Smithfield, Va., president of the International Association of Chiefs of Police, which has its own model policy. Most policies try to balance a police department's interests against First Amendment protections for officers. Many include prohibitions against posting statements that could discredit or reflect badly on a department, that illustrate reckless behavior or that disparage people based on race, religion, or sexual orientation. Posting crime scene photos or other evidence from criminal cases online is generally prohibited. Albuquerque's policy prohibits officers from identifying themselves as police employees or posting photos of departmental insignia - badges, uniforms, cruisers - without permission. Pueblo, Co., bans officers from gossiping online with outsiders about department affairs.




MI Keeps Inmates Over Minimum Terms At $280 Million Cost


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Michigan often keeps inmates long after other states would have released them for similar crimes, driving up prison costs and eating up a quarter of the state's general fund, reports the Associated Press. In the two years before she left office in December, former Gov. Jennifer Granholm encouraged the parole board to be more lenient when it came to releasing prisoners who'd served their minimum sentences.


Legislators never passed a bill that would require inmates serve 100 percent of their minimum sentences but no more than 120 percent. New Gov. Rick Snyder says he's more focused right now on getting his budget and tax changes passed than on parole policy. That has left 8,000 inmates behind bars who have served more than their minimum sentences, costing state taxpayers around $280 million annually. It's likely to take years for the parole board to consider those 8,000 cases, which make up nearly a fifth of the prison population




Changes to Federal Crack Sentences Will Lower Penalties 25 Percent


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Federal crack cocaine offenders sentenced after November 1 will get sentences about 25 percent lower on average as a result of the changes made to the advisory federal sentencing guidelines yesterday by the U.S. Sentencing Commission, the commission estimates. The panel acted to comply with the federal law enacted last year that reduced the disparity between crack and powder cocaine sentences.


The commission set the triggering quantities of crack cocaine for the five and 10-year mandatory minimum penalties (28 grams and 280 grams, respectively) at levels that correspond to a recommended sentencing range of 63-78 months and 121-151 months, respectively, for a defendant with little or no criminal history. The commission will hold a hearing June 1 on whether the cocaine-sentencing amendment should apply retroactively. Also yesterday, the panel increased recommended penalties for some firearms offenses, including some "straw purchasers" of firearms and for offenders who illegally traffic firearms across the U.S. border




How Honored MA Sheriff Runs Forward-Thinking Jail System


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Hampden County, Ma., Sheriff Mike Ashe Jr. is being honored tonight by a group called Community Resources for Justice. Ashe tells Boston Globe columnist Yvonne Abraham how a corrections system should work: "If [inmates] can walk out of here and say, 'Hey, these people are for real, I'm valued as a human being,' they feel like they're worth something."


Together with his brother Jay, Mike Ashe has created one of the most forward-thinking jail systems, says Abraham. Others have done some of the things he has done. Ashe has taken more risks, and had more firsts, than just about any of them. Most of his 1,500 inmates are substance abusers, a quarter are mentally ill, few have high school diplomas. Ashe reckons you have no hope of correcting their behavior if you don't tackle those things. All inmates, even those awaiting trial, have mandatory counseling, education, and job training. Ashe demands a 40-hour week of rehab, therapy, training, and work (sewing, building furniture, upholstering). Fully 330 of those released last year went on to community college.




33 Cops Were Fatally Shot Last Year Despite Body Armor


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A surprising number of police officers killed and injured each year were wearing "bulletproof" vests that gave them comfort and mobility but left key body parts uncovered and vulnerable, says the Pittsburgh Post-Gazette. The bullet that tore through Clairton, Pa., police officer James Kuzak's body Monday struck him in the left shoulder, just beyond the coverage of his protective vest, a virtually unavoidable danger officers face as they try to strike a balance between maneuverability and safety.


Kuzak, 39, was in critical condition yesterday. Others shot in the line of duty have not been so lucky. Thirty-three officers who were fatally shot in 2009 were wearing body armor, say FBI data. Most were shot in the head, but others were hit in the neck, throat and upper torso. "There's just those areas of the body that can't be protected without hindering mobility," said Ed Hinchey, a former Forest Hills police sergeant who in 2004 was shot in the groin just under his bulletproof vest. Hinchey is an armor technical specialist for Safariland, a major manufacturer of body armor worldwide. From 2000 to 2009, 36 of the 97 slain officers who suffered torso wounds despite wearing vests took a bullet through an armhole or shoulder area of the vest.




Mueller: Government Shutdown Would Halt Some FBI Activities


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FBI investigations will continue if there is a federal government shut down but training and new programs would be "put on the back burner," FBI director Robert Mueller told a congressional committee yesterday, according to MainJustice.com. Uncertainty over federal funding has caused low morale at the FBI, Mueller said.


Many personnel "don't know whether they will be here on Monday," Mueller said told the House Appropriations subcommittee that handles the Justice Department budget. Mueller said he believes the FBI is shortchanged compared with other federal intelligence agencies. Committee chairman Frank Wolf (R-Va.) said his panel would "do anything we possibly can" to help the FBI during the ongoing budget negotiations




Ramsey Gets Raise to $255K, To Stay in Philadelphia


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Philadelphia Police Commissioner Charles Ramsey is staying, reports Philly.com. Ramsey, who has overseen a reduction in violent crime while aggressively rooting out corruption in his department, will not leave to become Chicago's top cop, Ramsey and Mayor Michael Nutter announced yesterday afternoon. Chicago was "a dream job, and one I thought about and came close to getting in 1998," Ramsey said. He added that he had "never had a decision more difficult."


He credited conversations with Nutter and "experiences I've had in the last three years. [ ] This is still not a city any of us envision it to be in five years, in 10 years [ ] and I want to be a part of that." Nutter helped entice Ramsey to stay with a $60,000 raise -- Ramsey will now make $255,000, up from $195,000, and be the city's highest-paid employee. The Chicago Sun-Times reported that Ramsey's asking price had been too steep for incoming Mayor Rahm Emanuel. Ramsey reportedly sought a compensation package of more than $400,000. Ramsey currently receives a $95,000 annual pension from the City of Chicago that he would have to forego if he returned to work there




Indianapolis Moving To Improve Cop's Training, Integrity Standards


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Indianapolis public safety officials told a City-County Council commission yesterday that changes to improve police officers' training and integrity standards are being implemented, reports the Indianapolis Star. Public Safety Director Frank Straub said that beyond providing training for core police skills, "We have failed our officers miserably [ ] We haven't prepared them to be problem solvers and thinkers."


The council created the Law Enforcement Study Commission last fall after police officer David Bisard was accused of driving drunk before crashing his squad car into a group of motorcyclists, killing one, and city officials admitted to failures in the initial investigation. Straub and other officials outlined efforts to expand the scope of recruiting, screening, and training; to improve reviews of officers' performance and address potential problems before incidents occur; and to develop leadership training.




Northwestern Accuses Protess of Lying in Wrongful Conviction Case


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Northwestern University accused journalism professor David Protess, whose project investigates wrongful convictions, of doctoring records and repeatedly lying to his department's dean and the school's lawyers, reports the Chicago Tribune. The controversy began nearly two years ago when Cook County, Il., prosecutors subpoenaed notes, grades, and recordings from Protess' students, who had challenged inmate Anthony McKinney's conviction for a 1978 shotgun slaying.


Protess and the university accused prosecutors of overreaching and sought to block their access to some student materials, claiming those records were covered by journalistic privilege. A lawyer hired by the university to represent the school and the professor abruptly quit representing Protess last fall, alleging Protess gave him inaccurate information about what materials had been shared with McKinney's lawyers. Northwestern officials then hired a former federal prosecutor to review Protess' conduct. Protess altered a 2007 email to "hide the fact that the student memos had been shared with McKinney's lawyers," a university official said




Fix Weaknesses in U.S. Prison-Rape-Prevention Policies: NY Times


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The Justice Department should remedy weaknesses in proposed new rape-prevention policies for federal prisons and state correctional institutions that receive federal money, says the New York Times in an editorial. An estimated 200,000 adult prisoners and jail inmates suffered some form of sexual abuse during 2008. A commission made a "long and compelling list" of recommendations, including a zero-tolerance approach to rape behind bars, better training of staff members, more effective ways to report assaults, more thorough investigations, and better medical and psychiatric services for victims.


Prisons would be required to make sexual assault data public so policy makers could get a clear view of how well or how poorly vulnerable inmates were being protected. Still, the Times says, immigration detention centers should not be excluded, and a provision "permitting prisons systems to invalidate most complaints not lodged within 20 days seems arbitrary." The Justice Department has done the right thing by limiting cross-gender strip searches to emergency situations, but it should also set a goal of ending cross-gender pat-down searches, the Times says




How Did Utah Ex-Reporter Get On Nevada's Most-Wanted List?


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Here's a cautionary tale about how easy it is to be jailed mistakenly. Former Utah journalist Jay Patrick spent two nights in the Cache County, Ut., jail last week before law enforcement officials in two states realized he wasn't actually one of Nevada's 10 most-wanted fugitives, reports the Salt Lake Tribune. "I was pretty scared," Patrick said afterwards. "You hear of people put on death row who didn't do it, so I'm thinking it's feasible I could go to prison for this."


Patrick, 36, formerly a reporter for the Herald Journal in Logan, Ut., was able to find articles he wrote and time cards showing he wasn't in Mesquite, Nv., on the dates he was accused of selling meth. It was not clear how his name was entered into a law enforcement database in the first place. Patrick went to court in late March after missing a court date for fishing without a license. While his case was being processed, a law enforcement officer checked a database and told Patrick he was wanted in Nevada for meth trafficking "and in fact, Mr. Patrick, you are on the top 10 most-wanted list.'"


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