Thursday, May 5, 2011

5 May 2011

Only 6% Of Inmates in Education Programs, Survey Finds


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Based on data from 43 states, a survey by the Institute for Higher Education Policy reported by the Wall Street Journal found only 6 percent of prisoners were enrolled in vocational or academic post-secondary programs during the 2009-2010 school year. Of enrollees, 86 percent were serving time in 13 states, suggesting other states provide little access to inmate education.


The survey, funded by the Bill & Melinda Gates Foundation, argued for giving inmates greater access to education-including Internet-based programs-on grounds that doing so could reduce the overall cost of incarceration by cutting recidivism. About 2.3 million prisoners in the U.S. cost about $52 billion a year. Inmate education plummeted after the 1994 federal crime law made prisoners ineligible for Pell Grants, a form of federal financial aid for college. The study said 13 states have made inmate education a priority: Washington, Idaho, California, Arizona, Texas, Louisiana, Arkansas, Missouri, Wisconsin, Indiana, Ohio, North Carolina, and New York.




CA Advocates Urge Brown to Back Money-Saving Sentencing Changes


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Three advocacy groups are asking California Gov. Jerry Brown to include sentencing reforms in the revised state budget proposal he will unveil this month, says California Watch. The American Civil Liberties Union, Drug Policy Alliance, and the Ella Baker Center for Human Rights contend that reducing charges for simple drug possession and nonviolent property crimes from felonies to misdemeanors would yield many millions of dollars in cost savings to the deficit-plagued state.


A survey of likely voters funded jointly by the groups found 66 percent of respondents said they favor reducing the offense from a felony to a misdemeanor. The state budget shortfall remains around $15 billion. Brown and lawmakers have already sliced $11 billion. The three groups hope that their two sentencing reform proposals are part of the next round of cuts. A felony conviction for simple drug possession can bring a three-year sentence in state prison.




To Make Point, MD Prosecutor Charges Police--and Gets Little


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After he campaigned on a slogan of "Fight Crime First," many expected that Baltimore's new chief prosecutor, Gregg Bernstein would pursue a repeat offender who had slipped through the fingers of the previous regime. The Baltimore Sun says that to the surprise of critics who worried that he would be too cozy with the police who endorsed him, Bernstein chose to try three city officers charged with kidnapping and misconduct after picking up two teens and dropping them off far from home.


Bernstein made no secret that he took the case in part to prove skeptics wrong. "I do think it is important for the public to know that as state's attorney, I take these cases very seriously," he said outside the courthouse after a jury found two of the officers guilty of misconduct but acquitted them on the more serious charges of kidnapping. For a prosecutor who had accused his predecessor of too often battling police, some saw Bernstein's prosecution of the officers as a betrayal and a failure. Defense attorney Kenneth Ravenell said after the verdict that Bernstein had wasted his time. "Look at what he ended up with - a misdemeanor" conviction, he said, vowing to appeal. The police union that enthusiastically endorsed him as a crusader for justice felt let down. "Choosing this case to go forward with first seemed more political than his mandate of fighting crime first. I would've looked elsewhere," said Robert Cherry, president of the police union, which backed Bernstein over longtime incumbent Patricia Jessamy.




Snitching in Philly: Cooperating U.S. Witnesses 3 Times National Average


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Despite conventional wisdom that Philadelphia has a "no-snitch" reputation, federal prosecutors there have long been relying on cooperators to make cases, says the Philadelphia Daily News. One third of three federal criminal cases involves cooperating defendants, almost three times the national average for federal cases, according to the U.S. Sentencing Commission. "There isn't anybody facing mandatory minimum sentences that we have not urged to cooperate," said Assistant U.S. Attorney Robert Zauzmer.


When defendants cooperate and provide information the government deems useful, prosecutors make a motion at sentencing based on "substantial assistance." The motions generally mean a reduction in the prison time a cooperating defendant would otherwise have to serve. The model has proved to be a win-win for the feds: Philly prosecutors are getting lots of cooperation and nearly double the national average of prison time. Several factors conspire to make the Philly feds look like bad-asses. For one thing, a higher percentage of violent crimes are charged than the national average, and those crimes often carry mandatory minimum sentences of 10 to 30 years, meaning defendants have a greater incentive to cooperate. (In 2010, 61 percent of federal criminal cases in Philadelphia involved drugs, guns and robbery or a combination, compared with 39 percent nationwide.)




Feds: No Civil Rights Charges in Pittsburgh Alleged Brutality Case


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A U.S. Justice Department decision not to charge three Pittsburgh police officers with civil rights violations in the case of Jordan Miles brought relief for the accused and disillusionment for the teen whose name became inextricably linked with police brutality, says the Pittsburgh Post Gazette. Undercover officers said they confronted Miles, then 18, because he appeared to be "sneaking around" a house with a heavy object in his coat they thought was a concealed weapon. A U.S. Justice Department decision not to charge three Pittsburgh police officers with civil rights violations in the case of Jordan Miles brought relief for the accused and disillusionment for the teen whose name became inextricably linked with police brutality, says the Pittsburgh Post Gazette. Undercover officers said they confronted Miles, then 18, because he appeared to be "sneaking around" a house with a heavy object in his coat they thought was a concealed weapon.


A U.S. Justice Department decision not to charge three Pittsburgh police officers with civil rights violations in the case of Jordan Miles brought relief for the accused and disillusionment for the teen whose name became inextricably linked with police brutality, says the Pittsburgh Post Gazette. Undercover officers said they confronted Miles, then 18, because he appeared to be "sneaking around" a house with a heavy object in his coat they thought was a concealed weapon. Miles said officers did not identify themselves and attacked him without cause as he walked between his mother's and grandmother's homes. His allegations stirred racial tensions and outraged activists, who called for the officers' firings. Miles said he suffered a number of injuries, including repeated blows to the head. Witold Walczak of the American Civil Liberties Union aid the injuries easily rose to excessive force. In the end, the Justice Department decided it couldn't prove the officers acted willfully. "Proving 'willfulness' is a heavy burden and means that it must be proven that the officer acted with the deliberate and specific intent to do something the law forbids," the Justice Department said. "Neither negligence, accident, mistake, fear, nor bad judgment is sufficient to establish such a criminal violation."




Abuse Found in Many FL Assisted-Living Homes for Mentally Ill


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Dozens of Florida assisted-living facilities are so poorly run that residents are forced to languish without crucial needs - including medication and psychiatric help - leaving their care to police and rescue workers, says the Miami Herald in an ongoing investigative series. The special homes were the state's answer to providing housing for thousands left in the streets after the historic closings of psychiatric institutions.


Ranging from small cottages in suburban neighborhoods to 350-bed complexes, the homes represent a third of assisted living facilities in the state, but account for some of the most egregious cases of abuse. "It's a cheap, easy, unregulated system of care," said Miami-Dade Mental Health Court Judge Steve Leifman, who refuses to send people in his program to some of the homes because of dangerous and decrepit conditions




Illinois Quits "Secure Communities," Calls Program Flawed


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Illinois Gov. Pat Quinn and state lawmakers have taken two actions that run counter to a wave of pro-immigation enforcement measures approved or under consideration in Arizona and other states, says the Chicago Tribune. Quinn declared the state's formal withdrawal from Secure Communities, a federal deportation program that targets hardened criminals but has also been used against illegal immigrants arrested for misdemeanor crimes.


Nearly a third of all illegal immigrants deported out of Illinois under the program have never been convicted of any crime, Quinn said. Illinois' participation in the program had been suspended by Quinn. After reviewing it, he governor "determined that [the federal Immigration and Customs Enforcement agency's] ongoing implementation of Secure Communities is flawed."




Homeland Security Devising New Index to Measure Border Problems


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Homeland Security Secretary Janet Napolitano is developing a comprehensive index to measure Southwest border security in a new way that looks deeper into the quality of life of Americans who live near Mexico, reports the Arizona Republic. Instead of just counting arrests and drug seizures, the new index would look at community concerns about environmental damage, economic losses, and feelings of personal safety. Napolitano told a Senate panel she has ordered Customs and Border Protection to work with outside experts and border communities to develop the index.


Border residents have long complained that traditional measures, such as state and local crime statistics, don't show the harsh realities they're experiencing. "This may include calls from hospitals to report suspected illegal aliens, traffic accidents involving illegal aliens or narcotics smugglers, rates of vehicle theft and numbers of abandoned vehicles, impacts on property values, and other measures of economic activity and environmental impacts," Napolitano told the Senate Committee on Homeland Security and Governmental Affairs.




Georgia Gun Dealer Loses Appeal in New York City Lawsuit


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A Georgia gun store owner has lost most likely the final round in a five-year-old legal fight that started when New York City sued other gun dealers in Georgia and states, reports the Atlanta Journal-Constitution. Jay Wallace, owner of Adventure Outdoors, lost an appeal yesterday in the U.S. Court of Appeals for the 2nd Circuit.


The court said, however, that terms of monitoring were too broad and would have to be revised. In all the other cases, New York paid for a court-appointed monitor to oversee gun sale records for three years. New York City Mayor Michael Bloomberg sent investigators to shops in several states to make "straw" gun purchases because, he said, "rogue" gun dealers were responsible for firearms recovered at New York City crime scenes. For the last two years, the Brady Center to Prevent Gun Violence has ranked Georgia the No. 1 source state for firearms recovered at crime scenes around the U.S.




With GOP in Control, Concealed Weapon Carry Likely in Wisconsin


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Republican legislators in Wisconsin are moving quickly on bills to allow people to carry concealed weapons without any training and potentially without having to obtain state permits, says the Milwaukee Journal Sentinel. Wisconsin and Illinois are the only states that do not allow people to carry concealed guns and other weapons. The legislature passed concealed weapons bills in 2003 and 2005, but they were vetoed by Gov. Jim Doyle.


With Republicans now controlling the Legislature and governor's office, a concealed weapons bill is expected to pass pass this session. Rep. Jeff Mursau and Sen. Pam Galloway have proposed bills that go much further than past versions. Galloway does not believe training is needed for people to carry concealed guns. "People who carry concealed as private citizens are responsible people," she said. The state requires hunters to take a safety course. Critics said that at minimum, the state should ban guns from more places, such as domestic abuse shelters.




PA To Start Sex-Offender Court; DA Seeks GPS Tracking


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Pennsylvania's first sex-offender court will launch next month in Allegheny County, reports the UpperSt.Clair Patch. The court is a test for the state and will handle the 300 cases the county sees each year, ensuring that they move through the system more quickly. Allegheny County Judge Donna Jo McDaniel will preside.


Pennsylvania will be the third state to set up a sex-offender court. The pilot program in Allegheny County could be expanded to other areas of the state in a year or so if it is deemed successful. District Attorney Stephen Zappala hopes the court will be a launch pad for GPS tracking of violent offenders. Red Five Security, a Virginia-based consulting firm, is testing GPS tracking units affixed to bracelets and worn by 45 convicted and registered sex offenders


Wednesday, May 4, 2011

Articles for 4 May 2011

Criminologists Sherman, Nagin Urge Shifting Prison Spending to Police


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Money saved by reducing the number of Americans in prison should be spent on better police monitoring of offenders in the community, contends criminologist Lawrence Sherman of the University of Maryland and Cambridge University. Speaking this week at the annual Jerry Lee Crime Prevention Symposium in Washington, D.C., Sherman argued that in an era in which police employment is threatened by government budget cuts, steps should be taken to ensure that more officers are "back out on the streets, where the criminals are."


Sherman's version of "justice reinvestment" differs from that advocated by some others. He believes the idea of shifting excess corrections spending to economic development of neighborhoods has not succeeded in crime reductions. In Sherman's view, consistent police officer contact with known offenders can help deter future criminality. There is no need for the "one size fits all [practice] that everyone must be prosecuted,'" he said. Criminologist Daniel Nagin of Carnegie Mellon University, another symposium speaker, also called for taking money spent on incarceration and spending it on police. Nagin said studies have shown "little evidence of the deterrent effect of imprisonment," whereas police presence in communities does deter crime.


Sentencing Reform Groups Press For Plan To Cut Federal Prison Rolls


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Several dozen criminal-justice organizations, led by the Washington, D.C.-based Sentencing Project, have asked congressional leaders to enact a comprehensive plan to reduce the federal prison population. A number of states have already reduced corrections populations with no threat to public safety and the federal prison system should do the same. the groups argued. The Sentencing Project said that several states, including Kansas, Michigan, New Jersey, and New York had experienced significant declines in their prison populations, ranging from 5 percent to 20 percent.


The reductions were the result of several changes, including the limiting of mandatory minimum sentences for drug offenses, diverting defendants with low-level convictions from incarceration, enhancing release programs, and reducing parole revocations. The federal prison system needs to make the same progress. Its population has increased at more than double the rate of state prisons since 2000, contributing to an overcrowded system that is dangerous for staff and prisoners, the groups said.




Many Youths In IL Gun Cases Not ID'd As Having Guns


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Illinois is one of only 11 states that automatically prosecutes 17-year-olds as adults when it comes to felony charges, , says the Chicago Reporter. Under a maze of gun-related laws, some 15- and 16-year-olds are also automatically sent up for prosecution in the adult system each year. But in the state's effort to reduce violent street crime, a proposed new law has re-emerged that would automatically transfer more 15- and 16-year-olds to adult court if they're charged with weapons possession as early as May if approved in the Illinois General Assembly.


It's a step in the right direction, some politicians say, to reduce gun violence. A Chicago Reporter review of felony convictions also raises questions about whether the teens already going into the adult system are the hardened criminals who lawmakers intend to get off the streets. The Reporter's analysis shows that many youth charged in gun cases are never identified as having had a gun. And in many cases, no gun is ever recovered.




California Postpones Executions Until At Least Early Next Year


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California officials have backed off a drive to resume executions this year, asking a federal judge to delay until at least January his review of revised lethal injection procedures, reports the Los Angeles Times. The delay means that the state will have gone at least six years without executing any condemned prisoners, who now number 713. The state requested more time because San Quentin State Prison's new warden, Michael Martel, wants to recruit a new execution team to replace the one that was assembled and trained last year.


U.S. District Judge Jeremy Fogel expressed frustration that the state has taken so long to fix lethal injection procedures, which he concluded might have subjected inmates to intense pain in violation of the Constitution's prohibition of cruel and unusual punishment. He made that ruling in 2006 after putting executions on hold 10 months earlier. "When the public looks at this and they say, 'Well, why aren't there any executions?' all they know is that it's taking five years to get to closure in this case," Fogel said. The development comes on the heels of Gov. Jerry Brown's decision to scrap construction of a new $356-million death row facility. California faces another potential roadblock from looming legal challenges to the state's acquisition of sodium thiopental, the key execution drug, which is no longer made in the U.S. and has to be obtained from foreign producers.




How Mitigation Specialists Hold Down the Number of Executions


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The death penalty is withering, says The New Yorker. The change is especially striking in Houston, which has long reigned as the nation's death-penalty capital. Last year, prosecutors in Harris County sent only two people to death row. Crime is down everywhere, and fewer murders means fewer potential death-penalty cases. Widely publicized exonerations of convicted prisoners, based on DNA evidence, may have given some jurors second thoughts about imposing the death penalty.


Another explanation for the decline in death sentences has been the increasing use of mitigation, a strategy that aims to tell the defendant's life story. The most prominent Texas mitigation strategist is Danalynn Recer of the Gulf Region Advocacy Center. Based in Houston, GRACE has represented defendants in death-penalty cases since 2002. In today's criminal procedure, a system of "guided discretion" requires jurors to weigh "aggravating factors" and "mitigating factors." Mitigating factors generally include a defendant's mental illness, or the absence of a prior criminal record. The work is closer to biography than criminal investigation, and it led to the creation of a new position in the legal world: mitigation specialist. The full article is available only to paid subscribers




Texas Holds First Execution With Animal-Euthanizing Drug


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Texas yesterday carried out its first execution using a sedative often used to euthanize animals, Reuters reports. Cary Kerr, 46, was put to death by lethal injection for the 2001 sexual assault and strangling of Pamela Horton. The new drug, pentobarbital, replaced sodium thiopental in Texas' three-drug execution protocol.


The change was necessary because Hospira Inc. of Illinois stopped making the sodium thiopental after Italy objected to Hospira manufacturing an execution drug in that country. That caused a shortage of the drug throughout the United States. Kerr was the third prisoner to be put to death this year in Texas, which executes more prisoners than any other state. Texas executed 17 people in 2010, down from 24 in 2009.




Four Michigan Cities Approve Tax Increases for Police, Fire Service


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Voters in four Michigan cities approved property-tax increases yesterday that are aimed at benefiting police and fire departments. The votes took place in Hazel Park, Madison Heights, Ferndale, and Southfield, says the Detroit Free Press.


Southfield's increase was approved 8,960-1,804. Police Chief Joseph Thomas Jr said: "The city of Southfield has sent us a strong message: 'We trust and we like your service.' " Ferndale's was approved by fewer than 200 votes. Madison Heights voted 1,513-1,261 for an increase that would increase taxes $118 on a home with a taxable value of $100,000. Hazel Park's vote was 1,787-586 for a plan to raise taxes $980 for the owner of a home with a taxable value of $100,000.




Orlando Chief Val Demings Retires After Only Four Years


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In a surprise move, Orlando Police Chief Val Demings announced her retirement after leading the department less than four years, reports the Orlando Sentinel. Demings, 54, is being replaced by Deputy Chief Paul Rooney, who has been with the department since 1986. Rooney runs the Patrol Division, the department's largest section with 432 employees.


It's not clear why Demings has chosen to retire -- she was not asked to leave -- but she will take a month off while she weighs options. She didn't rule out taking another law enforcement job - or even seeking political office. Demings has been credited with reducing violent crime and taking guns off the streets. She climbed through the ranks since serving as president of her class at the police academy, working in criminal investigations, intelligence, internal affairs, tactical operations and drug enforcement, among others. Mayor Buddy Dyer had called Demings' historic, as the first woman to serve as police chief, and as an African American. Her husband, Jerry Demings, was elected Orange County Sheriff in 2008.




Suit Over Vegas Jail Suicide Raises Issues of Mental Health Screening


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A suicide at Las Vegas's Clark County Detention Center in 2009 is kindling accusations that the police-run facility is doing a poor job addressing mental health needs, an issue that prompted a Justice Department investigation of the facility a decade ago, the Las Vegas Sun reports. In a federal lawsuit, Amanda Lou Cavalieri charges that the suicide of her husband, Michael, could have been prevented had the jail better screened and observed him. Cavalieri, 55, was an electrician booked on assault and weapons charges. He suffered from bipolar disorder and was withdrawing from drug addiction.


He was initially placed in an observation cell and was to be housed in a unit with authorized suicide watch by jail staff at 15-minute intervals. But the lawsuit alleges that staff erroneously concluded he did not have suicidal thoughts and placed him in a cell within the general population. The Justice investigation was concluded in 2002 after the department expressed satisfaction with upgrades. Attorney Cal Potter said he thinks the department should reopen its investigation to demand better mental health screening at intake, closer supervision of inmates with suicidal tendencies, and removal from all cells of air vents and other design features that can be used by detainees to hang themselves.




NC Refuses Media Request For Video of Prison Melee


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North Carolina's corrections department will not let the public see security camera footage at the center of allegations that led to the arrest of a prison official last month, reports the Raleigh News & Observer. Richard Neely was removed as the administrator of Lanesboro Correctional Institution after he was arrested and charged with a felony count of obstructing justice. A former sergeant told investigators Neely instructed her to destroy disks containing the footage out of concern it might show a staff member using excessive force in a 2009 fight with inmates.


The News & Observer and The Charlotte Observer filed a public records request asking the state to release security camera footage showing the November 2009 melee at the prison. Four inmates were arrested after the fight; no correctional officers were charged. Pamela Walker, the director of external affairs for the corrections department, said releasing the footage could imperil safety at the maximum security prison.




House Members Criticize Holder for ATF "Fast and Furious" Probe


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Some U.S. House members are pressing Attorney General Eric Holder to explain how federal agents came to use investigative tactics that appear to have allowed guns bought in the U.S. to enter Mexico illegally, reports the Wall Street Journal. Critics say the Bureau of Alcohol, Tobacco, Firearms and Explosives lost track of guns it was supposed to be monitoring, letting them pass into the hands of Mexican cartels and perhaps be used in violence against U.S. officials.


At a hearing yesterday, Holder said the Justice Department's policy is to stop weapons from being trafficked to Mexico. "Under no circumstances should guns be allowed to be distributed in an uncontrolled manner," he said, describing his instructions to ATF and other agencies under his charge. Rep. Darrell Issa (R-CA), told Holder, "There are dead Americans as a result of this failed and reckless program." Issa asked Holder whether he or top lieutenants were aware of the tactics. Holder said he became aware of the probe, "Operation Fast and Furious," only in recent weeks.




Did ICE Violate Policy With Enforcement Action Near School?


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The federal Immigration and Customs Enforcement agency is under fire for what critics are calling aggressive and overzealous tactics by stationing agents outside a school in Detroit,NPR reports. ICE officials are reviewing the case, and the union that represents agents is complaining that ICE isn't standing behind its officers.


Three SUVs with tinted windows, apparently with ICE agents inside, were parked near the Hope of Detroit Academy on Mar. 31 Some parents who may have been undocumented immigrants started to panic and sought refuge in the school. Abdel says the building was like a ghost town that afternoon, and things didn't settle down for at least a week. Critics say the agents who carried out the operation ignored their agency's own guidelines prohibiting enforcement near schools and churches. ICE director John Morton flew to Detroit to meet with community leaders. ICE said elements of the operation appeared to be inconsistent with its policies


Tuesday, May 3, 2011

Articles for 3 May 2011

Terror Experts Warn of New Attack after Bin Laden Death


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Governments around the world, warning against complacency in fighting terrorism, prepared for retaliatory attacks after Osama bin Laden's death, the Wall Street Journal reports. The death of bin Laden "places al Qaeda's new leadership under extreme pressure to prove al Qaeda is a viable organization," said Raphael Perl of the Action Against Terrorism Unit at the Organization for Security and Cooperation in Europe. Al Qaeda may within days launch a large-scale attack or several smaller attacks "as a vehicle to introduce its new leadership," he said.


Al Qaeda in the Arabian Peninsula (AQAP), the terror network's most active affiliate, could launch retaliatory attacks. AQAP was behind the failed 2009 Christmas Day airliner bombing attempt in Detroit and the foiled 2010 air-cargo plot. "AQAP is a likely candidate for retributive attacks, although attacks against the West take some time to plan and carry out-and the branch faces its own organizational limitations," said Leah Farrall, an Australian counterterrorism analyst. "Localized reactions against U.S. and Western interests in the Arabian peninsula are more likely in the short term."




States Reassess Medical Marijuana Policies After Federal Threats


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Several states are reassessing medical marijuana laws after stern warnings from the federal government that everyone from licensed growers to regulators could be subjected to prosecution, reports the Associated Press. Ominous-sounding letters from U.S. attorneys have injected the federal government back into a debate that has for years been continuing at the state level.


Warnings in Washington state led Gov. Chris Gregoire to veto a proposal that would have created licensed marijuana dispensaries. Gregoire, chair of the National Governors Association, wants to work with other states to push for changes to federal marijuana laws to resolve the legal disputes caused by what she described as prosecutors reinterpreting their own policies. "The landscape is changing out there. They are suggesting they are not going to stand down," Gregoire said. The Department of Justice said two years ago it would be an inefficient use of federal funds to target people who are in clear compliance with state law. U.S. attorneys have said in their recent memos that they would consider civil or criminal penalties for those who run large-scale operations - even if they are acceptable under state law.




MythBusters of Prisoner Re-Entry


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In a rare show of collaboration, 18 federal agencies that deal with prisoner re-entry issues are working together to clarify their practices, and in some cases change their policies, so that states and localities where the ex-prisoners live can better help them find necessities like housing, health care, jobs, and various government benefits. Te Federal Interagency Reentry Council posted a set of "Reentry MythBusters" as a guide. The material is available on a website, http://www.nationalreentryresourcecenter.org/reentry-council, that the Justice Department has funded to provide a wide range of information.


To take one major myth as an example, it's widely believed that people who have been convicted of a crime are banned from living in public housing. Actually, locally operated public housing agencies can determine their own policies. They are prohibited by federal law from admitting only those with a lifetime registration requirement as a sex offender or people who manufactured meth in public housing. Housing and Urban Development Secretary Shaun Donovan is urging housing authorities to help "ex-offenders gain access to one of the most fundamental building blocks of a stable life - a place to live."




CA Gov. Brown Dramatically Increases Murder Parole Rate


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California's parole board doesn't find convicted murderers suitable for release very often. And when the board granted parole in recent years, the inmate usually found the governor waiting to bar the door. Not Gov. Jerry Brown, says the San Francisco Chronicle. "I'm obviously going to interfere less with the parole board than my predecessors, because I'm bound to follow the law," Brown told the Chronicle. Statistics from his first four months in office bear him out.


Brown has reviewed 130 decisions by the Board of Parole Hearings granting release to murderers sentenced to life and has approved 106, or 81 percent. He has vetoed 22 paroles and sent two back to the board for new hearings. Fomer Gov. Arnold Schwarzenegger approved about 30 percent of lifers' paroles. Former Gov. Gray Davis - who declared that "if you take someone else's life, forget it" - vetoed 98 percent of murderers' parole cases. Brown said that both Davis and Schwarzenegger failed to follow proper legal standards for reviewing paroles. The governor also said his approach reflects shifts in sentencing practices, judicial rulings. and public attitudes on crime. "Now, you talk to people and they're worried about jobs," he said. "There's still public safety (as a concern), but there's different dominating issues.




LaPierre: Holder "Has To Go" Over Mexican Gunrunning Operation


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National Rifle Association's CEO Wayne LaPierre says Attorney General Eric Holder should step down for allowing an operation by the Bureau of Alcohol, Tobacco, Firearms and Explosives that involved the sale of guns to suspicious customers with ties to Mexican drug cartels, says Politico. ATF allegedly encouraged gun dealers to sell multiple firearms to known and suspected criminals as part of a sting operation to crack down on gunrunning. Speaking to the NRA convention that concluded in Pittsburgh over the weekend, LaPierre said two assault rifles that the ATF "let walk" were found at the crime scene where a border patrol agent was gunned down in December.


Holder has said he did not authorize the operation. Said LaPierre: "He's the attorney general of the United States of America - the highest law-enforcement officer in our land. Who's in charge? If he didn't know, then who's minding the store? If Holder didn't know, Holder has got to go." Justice Department spokesman Matthew Miller said Holder "takes seriously the concerns that have been raised, and that's why he has asked the inspector general to get to the bottom of it. He has also made it clear to the law enforcement agencies and prosecutors working along the Southwest Border that no one in the Department should allow guns to illegally cross the border into Mexico."




McCarthy Credits 9/11 Experience, To Focus on Fear of Crime


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Garry McCarthy says his experience at New York City's ground zero on 9/11 was "horrific" but it helped Chicago's new police superintendent develop leadership skills. "I really learned how to lead with a coolness and a confidence that will translate throughout the police agency," he said. "I have a good reputation as far as being a leader in crisis management situations."


McCarthy, 51, said he'll look for a top deputy from inside the department to help him navigate, acknowledged he's got a learning curve about the city's street gangs, and plans to emphasize reducing the "fear of crime." Mayor-elect Rahm Emanuel said, "Garry's experience spearheading innovation will bring new ideas to the Chicago Police Department. Garry is ready to lead today. He knows how to lead a large police force. The main reason I wanted to move with speed and haste was the fact that our citizens, with the summer months coming, deserve a public safety team ready to go on day one."




Critics: McCarthy Never Got Full Community Support in Newark


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Garry McCarthy leaves Newark to become Chicago police superintendent with a reputation as a talented crime fighter who often struggled to connect with people he strived to protect, the Newark Star-Ledger reports. Deputy Chief Samuel Demaio is expected to be interim chief.


City Councilman Ron Rice Jr., said McCarthy "put forth a great effort, a great four years with major faux pas and major missteps. The great things he was able to do with numbers are probably matched as far as the things he wasn't able to do community-wise." City Council President Donald Payne said, "I don't ever think he really got the support of the community that you need to be successful in this town. It was kind of a double-edged sword with him." Deborah Jacobs of the American Civil Liberties Union said, "The Newark Police Department remains in need of fundamental changes to ensure accountability."




Ohio Prison Director Maps Plan To Combat Rising Inmate Violence


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In the past four years, nearly 8,600 assaults were reported in the Ohio prison system, 4,157 of them on corrections officers and other staff members, reports the Columbus Dispatch. Of those, 116 were considered serious: stab wounds, concussions and head trauma, fractures and sprains, eye injuries, a damaged spinal cord, nerve damage and bite wounds. The totals also include sexual assaults and "harassment," which typically means throwing or expelling bodily fluids or feces.


County prosecutors file charges in only about one of 10 staff assault cases. Prosecutors cite financial constraints and often argue that it's futile to file charges against inmates already behind bars, some of them for life. Gary Mohr, Ohio prisons director, is working with Attorney General Mike DeWine to support local prosecutors so they pursue charges in more of the serious cases of assault on staff members. "There's not one priority of mine any greater than reducing inmate violence," said Mohr. "This is not the same system I left 8 1/2 years ago," he said. "The biggest difference is the level of violence." Mohr said there has been a steady increase in violence for many years. He said violent incidents involving six or more inmates are erupting, on average, every week, compared with once a month five years ago.




Father, Son Spend Nearly 15 Years Together in NY Prison Cell


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Bernard and Scott Peters, father and son, are serving time together in a cell in New York State's Elmira Correctional Facility, says the New York Times. Bernard, 69, and Scott, 42, have been cellmates for most of their 15 years in prison. It's rare for a father and son to share a cell, but of the estimated 600,000 parents of minor children in state prisons in 2004, half had a relative who was currently or used to be incarcerated, says the U.S. Bureau of Justice Statistics.


New York officials do not know how many parent-child pairs were sharing cells in the prison system, which includes 57,000 offenders at 67 facilities. Only 3,000 of more than 20,000 maximum-security cells statewide are double-bunk cells. The Peterses are each serving 25-to-50 year terms for attempted murder and robbery--part of what the Times calls a violent string of crimes in 1995 that netted them $2,900 in cash.




Baseball Analyst Bill James Turns to Crime, Miniprisons


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In "Popular Crime," a book reviewed by Jeff Leen in the Washington Post, baseball analyst Bill James "turns his formidable but idiosyncratic critical apparatus on murder and mayhem." The book is not original research, but a review of tabloid crime over the ages, such as JonBenet Ramsey, O.J. Simpson and the Lindbergh kidnapping.


Conceding that he is not a crime expert, James urges taking the 2.3 million people incarcerated in the U.S. and dispersing them into facilities with populations of no more than 24, the better to reintegrate them into society and segregate the bad from the very, very bad. That's nearly 100,000 miniprisons. James believes there would be a great savings because a single guard using electronic surveillance could watch several mini-prisons, which would be housed in strip malls and on the floors of office buildings




Man Convicted of Murder, Attacks Oklahoma Prosecutor


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A convicted murderer attacked Oklahoma County District Attorney David Prater in a courtroom yesterday at the close of trial, and the two men fell fighting to the floor at the feet of the victim's mother, The Oklahoman reports. Prater, a former police officer, was punched in the face. He then pushed Emanuel "E Man" Mitchell toward a wooden rail that splits the courtroom in two. They fell through a swinging gate, their upper bodies landing inside the spectators' section.


Sheriff's deputies rushed to subdue and handcuff Mitchell. Horrified jurors and spectators rushed out courtroom doors. Jurors earlier yesterday found Mitchell, 33, and Anthony "Black" Morrison, 44, guilty of first-degree murder in the death of a 16-year-old accomplice during a 2009 pharmacy robbery. Jurors decided the cousins should spend life in prison. Prosecutors told jurors the men were cowardly and predators for sending two boys in to rob the pharmacy. The pharmacist fatally shot one boy; he faces his own murder trial in two weeks.




Accused Killer Of KS Boy Wasn't on Sex Offender List for Teen Acts


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A sex offender case involving both Kansas and Texas is another illustration of differing state laws on the subject. The Wichita Eagle reports that when a prosecutor charged Mark Anthony Baker, 25, with murder and sodomy in the death of a 19-month-old boy, it wasn't the first time he had been accused of sex crimes against children. Baker had been convicted twice, when he was 15, of crimes against two girls in Kansas.


Those crimes were enough to land him on the Texas public sex offender registry when he moved there. But Kansas - because of the way its law governing juveniles is written - does not list him on its sex crime registry, even though the crimes against the girls occurred here. Relatives of the murdered boy said that had they known Baker was a sex offender, they wouldn't have wanted him around the toddler. Joe Pennington, the boy's paternal grandfather, said Kansas should have required Baker to be listed on its public registry, even if he was a juvenile when he committed sex crimes. "Those type of laws, juvenile or not, they need to be changed so people can be aware," he said. "That's the only protection we've got.


Monday, May 2, 2011

Articles for 2 May 2011

Newark's Garry McCarthy To Lead Chicago Police


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Chicago mayor-elect Rahm Emanuel today will introduce Newark, N.J. , police chief Garry McCarthy as Chicago's new police superintendent, gambling that McCarthy's big city experience will overcome the fact that he is another outsider, reports the Chicago Sun-Times. McCarthy replaces Jody Weis, a career FBI agent who rank and file police officers never accepted because they viewed him as an outsider who didn't have their backs.


McCarthy, who will celebrate his 52nd birthday later this week, demonstrated that he is keenly aware of the morale problems he is inheriting. He told the Sun-Times that he would not put on the Chicago Police Department's uniform without first earning the right to do so by being certified as an Illinois law enforcement officer. Police Board President Demetrius Carney said McCarthy walked a beat and commanded three separate New York City precincts before becoming the chief architect of the Big Apple's crime control strategy. "He is an outsider. But this time, that outsider is not from the FBI. This is an outsider who understands policing and understands the plight of beat patrol," Carney said.




Text Messages Can Help Solve Crimes, But They Disappear Quickly


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With an estimated 5 trillion text messages being sent around the globe this year, phone companies no longer store the messages or do so for only a few hours or a few days. This can be a problem for law-enforcement officers trying to track down missing people or criminals, reports the Columbus Dispatch. "Anytime I can't get enough information to solve a case, that's an issue for me," said Brance Johnson of the computer-crimes unit of the Ohio Bureau of Criminal Identification & Investigation.


Sometimes, by the time authorities realize that they need to see text messages and try to get subpoenas or court orders seeking them, the messages are gone. Cellphone technology can aid investigators in some instances. In the recent case of triple-murderer Sammy Littleton II in Ohio, when Tiffany Brown, 26, the daughter of Littleton's live-in girlfriend disappeared, police asked Verizon to find her phone. Using signals from tower locations, the company got a hit. Police were able to get some of Brown's text messages, showing that Littleton had lured her to his home on the day she was last seen. When police found Brown's body hidden in Littleton's basement, he was on the run. He killed two more before he was arrested.




Despite NRA Warnings, Guns Not Likely A Big 2012 Issue


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The National Rifle Association will try to remain relevant in the 2012 presidential election, with a Democratic president who has not made gun control a priority and many NRA members expecting gun issues to take a back seat to the economy, health care, and foreign policy, the Washington Post reports. At the group's annual meeting in Pittsburgh this weekend, NRA leaders and potential Republican candidates warned members again and again from the stage that a second term would give President Obama free rein to restrict gun rights.


"What do you lose if President Obama wins?" asked NRA chief lobbyist Chris Cox. "You tell me. What if he appoints just one more anti-gun justice to the U.S. Supreme Court, and we go from one-vote victories to one-vote defeats for generations to come. What's that going to cost?" On the convention floor, amid dozens of stalls exhibiting hunting gear, high-powered binoculars, and guns of every size and shape, NRA members said they think issues other than guns are likely to drive the vote. "I'd be surprised if they're an issue at all," said Steve Miller, 61, a photographer and competitive pistol shooter from Harrisburg, Pa. "The Democrats spent all their fire on health care, and now, nobody will touch guns. If they do, it's a death knell."




At NRA Convention, Gingrich Warns of "Anti-Gun Judges"


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While polling and legislative action suggest that the clout of gun control advocates has reached a modern nadir, speakers at the national convention of the National Rifle Association portrayed themselves as besieged patriots under continuing assault from media and liberal elites, reports the Pittsburgh Post-Gazette.


"Virtually no left-wing politician is left who thinks he can pass legislation that affects the right to bear arms," said former House Speaker and potential presidential candidate Newt Gingrich. But he sounded an alarm against "a stealth strategy in which they combine anti-gun judges with anti-gun international treaties [in an attempt] to strip us of our rights by judicial fiat." Sen. Joe Manchin of West Virginia was the highest profile Democrat who spoke to the gathering. He urged the group to work toward a bipartisan approach to firearms issues.




NRA Won't Talk To Gun-Control Protest Group


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About 150 advocates of tighter gun laws called up the National Rifle Association, holding its convention in Pittsburgh over this weekend, to open a dialogue about ways to keep guns out of the hands of criminals, terrorists and the mentally ill, says the Pittsburgh Post-Gazette. "Let's Talk," was the theme of the protest, "Nobody is protesting against guns, nobody is saying the NRA doesn't have a right to exist," said Max Nacheman of CeaseFirePA. "We're talking about finding a way to make it harder for criminals to get guns. It's a simple message."


In a letter sent to the NRA, published in local newspapers and printed on a mobile billboard, anti-violence groups called on the NRA to meet with them while in Pittsburgh to discuss the removal of what they consider flaws in the national instant criminal background check system and the plugging of loopholes in the law. The NRA did not respond, sparking the protest. "It's not about the Second Amendment, it's about common sense," said Pittsburgh Police Chief Nate Harper. "We're the best country in the world, but we don't act like it when it comes to guns




Did Chicago Public Housing Tenants Spread Crime? Data Don't Show It


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It has been asserted so widely for so long that it is accepted as fact: When Chicago's public housing projects came down, many of their former residents moved into middle-class South Side neighborhoods and brought crime with them, says the Chicago News Cooperative. Whether it is true remains the subject of an intense and sensitive debate more than a decade after city officials began razing high-crime public housing properties, forcing 25,000 households to relocate as part of a vast redevelopment effort dubbed the Plan for Transformation.


Long-time residents and leaders in some historically stable neighborhoods on the South Side say an influx of former Chicago Housing Authority tenants has brought economic decline and a rise in violence to those areas. But available city statistics don't support that claim. In fact, they show that the rate of violent crime is dropping across the South Side. Still, there are anecdotal reports of frequent gunfire. "Last Saturday night I could hear the shooting from my house," said Tony Washington, a 35-year resident who works in Internet marketing and sales. "It's gotten so I start to dread when the weather gets warm."




In Test, Massachusetts Court Opens Its Doors To Social Media


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Starting today, most of what happens in a bustling courtroom in Quincy, Ma., District Court, including murder arraignments, traffic, and drug cases, become fodder for a new experiment: how bloggers and other citizen journalists can cover courts using new media and social media. reports the Associated Press. The court proceedings will be streamed live over the Web for anyone to see. The courtroom, which in the past has not allowed reporters to even computers, will now welcome laptops, iPads, and smartphones, and will encourage live blogging, Tweeting, and Facebooking. The court's website is http://opencourt.us


It's part of an experiment court officials hope will help establish guidelines for courts as they grapple with how to use digital technology and how to accommodate citizen journalists and bloggers. While many states allow cameras in courtrooms and some stream supreme court arguments online, the Quincy project is unusual because it will continuously stream live, unedited court proceedings all day. The courtroom will be unusually welcoming to bloggers and citizen journalists with a special seating section and Wi-Fi connection. "In the past, reporters were the connection to the nation's courts, but with the changes in the media landscape, there are just less and less journalists who are that bridge to the public," said John Davidow of the "OpenCourt" project. The Quincy project is funded by a $250,000 grant through Knight News Challenge to Boston's National Public Radio affiliate WBUR.




NV Governor's Budget Shift Endangers Mental Health Courts


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Las Vegas' mental health court has kept mentally ill people out of jails and emergency rooms after committing crimes ranging from petty larceny to assault, but it could vanish July 1, says the Las Vegas Sun. That's because Gov. Brian Sandoval's call for shared sacrifice to help solve the state's budget deficit would kill such courts in three counties.


Advocates argue that Sandoval's proposal to make counties, rather than the state, fund mental health courts won't work because the counties are strapped for money. Among those leading the outcry is Judge Jackie Glass, who helped start Clark County's mental health court in 2003 after it received seed money through a federal grant. Since the court was established 107 participants have graduated from the program. "It's a shame that the governor didn't put that funding in the budget," Glass said. "The individuals who would be helped will have a very difficult time receiving treatment." That, she said, would lead to more recidivism




Private Firms Pushing To Get Piece of TX Inmate Health Care


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Efforts by private companies to get a piece of Texas' nearly $1 billion prisoner health care system are continuing as companies make sales pitches to lawmakers and seek changes in state law to authorize privatization, reports the Austin American-Statesman. Some legislative leaders are chafing about the push, saying the idea has not been studied or vetted publicly - and is being advanced by outside interests even though neither the House nor the Senate has embraced it.


"There is a push on to change the system we have, a system that is cost-effective and is a national model, even before we know whether there will be any real savings," said House Corrections Committee Chairman Jerry Madden. Under current law, the University of Texas Medical Branch at Galveston and Texas Tech University Health Sciences Center provide health care to Texas' 154,000 imprisoned felons. Skeptics say Texas could be embarking on the next privatization boondoggle. "Privatization usually means significantly higher costs and poorer care," said Tom Smith, Texas director of Public Citizen, a government watchdog group




Improving Police-Community Relations a PERF Meeting Topic


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"Unfortunately, communities disproportionately affected by crime are those" with the most strained relationships with police, Philadelphia Police Commissioner Charles Ramsey told reporters during the Police Executive Research Forum annual meeting in Seattle, reports the Seattle Times. To improve those relationships, people need to see "us as legitimate in our ability to enforce laws fairly and impartially," he said.


To that end, there's a growing movement now under way in policing, said Newark Chief Garry McCarthy. "The fact is, we're in the process of constructing the next iteration of police work," he said. "Initially, police were very reactive," responding to crimes after they'd been committed, he said. "Then proactive policing came in, and we talked about preventing crime. The next step is preventing crime in concert and with the blessings of the community. It's where we're going as a profession."




Few Prosecutions In Fraudulent U.S. Tax Refund Cases


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For thousands of taxpayers sorting out the mess left by identity thieves who filed for tax refunds in their names, chances are poor that the fraudsters will be punished or even pursued, reports the South Florida Sun-Sentinel. Prosecutions for identity theft-related tax fraud are rare. The Internal Revenue Service has pursued just 412 such cases nationwide since 2007.


Each investigation may represent multiple victims, but the total is still a small fraction of all the taxpayers affected by the crimes.Since January 2010, the IRS has identified and stopped more than 166,000 fraudulent refunds using stolen identities. Two congressmen from South Florida last week called on the IRS to place a higher priority on the issue after reports in the Sun Sentinel. One victim, Debbie Nichols, called the Social Security Administration "to let them know someone was using my Social Security number and the guy said, 'Why are you calling us?' '' she said. "This is fraud. This is a felony, and nobody cares,'' Nichols said.




Little Surprise, Outrage When MO Sheriff Arrested for Meth


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The New York Times tells the story of Tommy Adams, who for two troubled years was sheriff of rural Carter County in southeastern Missouri until his arrest last month on charges of distributing methamphetamine.


In a place where distrust of law enforcement has always run deep, the story of a sheriff enabling the scourge he was supposed to fight has not provoked outrage. Many local residents are accepting it, even sympathetically, as another disappointing chapter as a hopeless fight. "We all know who does what, how they do it and when they do it," said David Bowman, a school maintenance worker and mayor of Ellsinore. "You just turn your head and go on.