Articles for 4 May 2011

Criminologists Sherman, Nagin Urge Shifting Prison Spending to Police ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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. The Sentencing Project

Many Youths In IL Gun Cases Not ID'd As Having Guns ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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. The Chicago Reporter/The Crime Report

California Postpones Executions Until At Least Early Next Year ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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. Los Angeles Times

How Mitigation Specialists Hold Down the Number of Executions ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 The New Yorker

Texas Holds First Execution With Animal-Euthanizing Drug ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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. Reuters

Four Michigan Cities Approve Tax Increases for Police, Fire Service ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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. Detroit Free Press

Orlando Chief Val Demings Retires After Only Four Years ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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. Orlando Sentinel

Suit Over Vegas Jail Suicide Raises Issues of Mental Health Screening ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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. Las Vegas Sun

NC Refuses Media Request For Video of Prison Melee ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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. Raleigh News & Observer

House Members Criticize Holder for ATF "Fast and Furious" Probe ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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. Wall Street Journal

Did ICE Violate Policy With Enforcement Action Near School? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 NPR