31 Oct 2011

Louisville's White Becomes Denver's 1st African-American Police Chief ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Robert White, Denver's incoming police chief, plans to change the culture of a department staggered by a string of firings in excessive-force cases and restore trust between the community and police. "I do have an agenda: That is to help prevent crime and make this a safer community," White told the Denver Post. "The key to making that happen is the men and women of the Police Department and the 600,000-plus residents that live in our community. The two have to become one; that requires a collaborative relationship." Mayor Michael Hancock picked White after a national search that turned up 61 applicants. White, 59, has been police chief in Louisville since 2003. Pending City Council approval, he will be Denver's first African-American police chief and only the second chief from outside the department in 50 years. As long as things are done in the open, the community will accept a chief's decision when controversy erupts, even if many disagree, White said. When he takes over from outgoing Chief Gerry Whitman, his first priority will be to listen, he said Denver Post

Save Webb Justice Commission, Say New York Times, Washington Post ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The New York Times and Washington Post simultaneously came down on Senate Republicans for voting to block a proposal by Sen. Jim Webb (D-VA) to create a bipartisan commission to review the nation's troubled criminal justice system and offer recommendations for reform. The Times notes that some senators falsely claimed that it would "encroach on states' rights." With crime down and 2.3 million people in prisons and jails, says the Times, "Reasonable senators should support the bipartisan commission that Senator Webb is calling for, which would cost only $5 million and could help bring about compelling reforms." The Washington Post calls the Webb approach "long overdue," noting that the last comprehensive review of criminal justice was conducted roughly 45 years ago during the Johnson administration. The Post says criticisms from Republicans and the National District Attorneys Association "fall flat," adding that the commission "would only study the policies of local, state and national law enforcement entities and make recommendations about best practices. It would have no power to issue mandates. The federal government, which distributes federal dollars as incentives for states and localities to adopt best practices, has a legitimate need to know which policies work." New York Times

Justice Groups Seek Senate Funding for Second Chance Act ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Several dozen criminal justice organizations have written to leaders of the Senate committee that funds the Justice Department urging continued funding for the Second Chance Act, which aids prisoner re-entry programs. The committee recently voted to zero out the program, saying that more money had to be spent on the federal prison system instead. The groups, which include the American Civil Liberties Union and the Sentencing Project, said they shared concerns "about the severe overcrowding that plagues" federal prisons, but "we believe building more prisons is not the answer." "Rather, it is simply a continuation of a costly and failed criminal justice strategy that states and local governments around the country have already rejected in favor of sentencing reform and alternative approaches to incarceration." The full Senate is likely to vote on the bill this week. The Second Chance program's fate may rest with a congressional conference committee, because the House Appropriations Committee approved funds for Second Chance. The organizations wrote last week to Sens. Barbara Mikulski (D-MD) and Kay Bailey Hutchison (R-TX) and will communicate soon to the whole Senate.

Trick or Treat Warning: Halloween Can be Prime Crime Time ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Halloween night, with its make-believe ghosts but very real assailants, is the worst evening of the year for violent crime victimization in Boston, says Northeastern University criminologist James Alan Fox. Writing for the Boston Globe, Fox says the evening violent crime count on October 31 is about 50 percent higher than on any other date during the year, and twice the daily average. An hour-by-hour chart shows that the incidence of Halloween-night violence peaks in the early evening. The most popular hours for gathering Snickers and Junior Mints around the neighborhood are apparently also the prime time for violent crime. During the rest of the year, crime incidence rises throughout the evening hours, not peaking until just before midnight. Boston Globe

CA Prison Realignment Should End "Massive Inmate Turnover": Cate ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Matt Cate, secretary of California's Department of Corrections and Rehabilitation, may have the toughest job in state government. His mandate: overseeing a massive downsizing of the $10 billion agency by shifting some prison and parole tasks to counties. Cate lists three signs of potential success for the Sacramento Bee: "We were facing a prisoner release (court) order on the magnitude of about 35,000 inmates. That's (like) emptying seven prisons onto the streets. So if we avoid an early release order from the Supreme Court, that will be a sign of success. We know prison spending has been growing at an unsustainable rate. If we see that coming down [ ] hat will be a sign of success. And if we see recidivism rates reduced from the neighborhood of 70 percent, then we'll know the counties are fulfilling their promise, which has been, "We can do this better." He says prison workers "will have to get used to working in institutions without massive inmate turnover. Last year we had 47,000 inmates serve 90 days or less." Sacramento Bee

NRA, Farmers Square Off Over Sunday Hunting in Pennsylvania ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Pennsylvania's ban on shooting on the Sabbath, with roots in the blue laws of the 19th century, is shaping up to be a face-off between arguably the two most powerful lobbies in the state: sportsmen and farmers, says the Philadelphia Inquirer. The National Rifle Association and other firearms and hunting groups are making a big push for legislation to overturn a 138-year-old ban on Sunday hunting, arguing that they should have the right to hunt seven days a week during hunting seasons. They cite economic advantages for expanding hunting, pointing to a new study by a legislative commission that predicts that adding days will create thousands of new jobs and hundreds of millions of dollars in new revenue. Those involved in the state's number-one industry - agriculture - and recreation groups say they simply want a day of peace in the countryside each week. Farmers want to preserve the one day they don't have to worry about trespassers, while hikers, bikers, and horseback riders want to continue enjoying public land on Sundays without the fear of getting shot. The legislation - still being debated in a House committee - would not open all Sundays to hunting. It calls for the Pennsylvania Game Commission - which voted, 4-3, last spring to support the bill - to determine which Sundays, in which hunting seasons, would be open to shooting. Philadelphia Inquirer

Despite Death Penalty Bluster, Perry Has Backed Justice Reforms ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Texas Gov. Rick Perry's record on criminal justice is more mixed than his tough stance on the death penalty suggests, partly because of changes in the political and legal climate over his three terms as governor, says the New York Times. Death sentences and average yearly executions have declined during his tenure compared with that of his predecessor, George W. Bush. Persistent efforts to fix Texas's justice system have finally borne some fruit. Perry has not been a crusader, but he has signed reform-minded legislation and acknowledged some of the system's mistakes. Jeff Blackburn of the Innocence Project of Texas said Perry "has done more good than any other governor we've ever had. He approaches criminal justice issues like a lay person rather than like a prosecutor or judge, which makes him open-minded and willing to embarrass the system. Unless, of course, it involves the death penalty." Because the governor has relatively little to do with capital punishment, Scott Henson of the Grits for Breakfast blog says Perry's "bluster about the death penalty is like the rooster who crows taking credit for the sun rising." New York Times

Few Milwaukee Cops Get Serious Penalties for Domestic Violence ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ At least 16 Milwaukee police officers have been disciplined after internal investigators concluded they had committed acts of domestic violence, say internal affairs records obtained by the Milwaukee Journal Sentinel. Department leaders don't follow national standards on how to handle accusations of domestic violence against officers. Prosecutors often charge them with lesser crimes - or no crimes. As a result, officers who abuse their spouses or romantic partners are allowed to keep their jobs, carry loaded weapons, and respond when battered women call for help. Police agencies that tolerate abusive officers endanger victims, erode the community's trust, and make themselves vulnerable to lawsuits, said Judy Munaker, who spent five years training cops on officer-related domestic violence through the state Office of Justice Assistance. "They see it as protecting their own, but it's corruption," she said. "They need to stop protecting their own and start protecting victims." Last year the wife of a high-ranking commander in the division that investigates officer misconduct called 911 in fear of her husband. No one wrote up a report. Just three Milwaukee officers disciplined for abusing spouses or romantic partners ended up with criminal records. None of those convictions was for a felony or misdemeanor domestic violence, which would have ended their careers by stripping them of the right to carry guns under federal law. Milwaukee Journal Sentinel

Supreme Court Hears Cases on Bad Legal Advice, Plea Bargains ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Today, the Supreme Court hears arguments in two cases that ask how principles concerning bad legal work in trials should apply to plea bargains, says the New York Times. The question is of huge importance, because well over 90 percent of criminal cases are settled at the plea stage.I n the context of trials, it has long been established that defendants who can show that incompetent work by their lawyers probably affected the outcome are entitled to new trials. Plea bargaining, on the other hand, "remained all but unregulated, a free market that sometimes resembled a Turkish bazaar," writes University of Pennsylvania law Prof. Stephanos Bibas in California Law Review. Last year, in Padilla v. Kentucky, the Supreme Court took a big step toward supervising the plea bargaining process. Bad advice that persuaded a defendant to plead guilty without understanding that incarceration would be followed by deportation amounted to ineffective assistance of counsel, said the court. A solution to that kind of problem is fairly easy: allow the defendant to withdraw the plea and take his chances at trial. The new cases present a harder problem. What is to be done when a lawyer's incompetence caused a client to reject a favorable plea bargain? New York Times

Judges Acquit Accused Drunk Drivers In 80% of Massachusetts Cases ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Frustrated Massachusetts judges have complained over the years about juries going soft on drunken driving defendants - people whose circumstances and plight jurors may relate to. It is judges themselves, many of them, who are most inclined to give those driving drunk a second chance - a chance, sometimes, to drink and drive and endanger the public again, says a Boston Globe investigation. The judges' acquittal rate now exceeds 80 percent across Massachusetts, the Globe's detailed review of thousands of court documents shows, meaning at least four out of five alleged drunk drivers who place their fate in the hands of a judge are walking out of court free of the burden - and penalties - of a guilty verdict. Free like one acquitted driver who barreled the wrong way onto a highway ramp and slammed into an oncoming car, sending both drivers to the hospital. Or another who deliberately ran over a man, leaving him bloodied and lying on the ground, during an early morning confrontation on another highway. Boston Globe

Guns Stolen from L.A. SWAT Unit May Be On Black Market ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ All but three guns in a cache of weapons stolen this month from an unguarded building used by the Los Angeles Police Department's SWAT unit remain missing and may have been sold or traded on the black market, reports the Los Angeles Times. Police arrested two men on suspicion of committing the heist and three others for allegedly possessing the recovered weapons. The rest of the 30 weapons stolen were not found in the suspects' possession. Although the weapons, which included MP-5 submachine guns and large-caliber handguns, had been altered by police to fire only plastic pellets for training, it is possible for them to be converted back to lethal use. Officials have downplayed that possibility, although gun experts and online tutorials suggest that the process is relatively easy and requires only a few parts. Police trying to find the weapons, but don't know how many people may have bought guns from the men or any of their identities. Los Angeles Times

It's Official Now: Justice Department Muffins Didn't Cost $16 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Justice Department didn't spend $16 apiece for muffins at a conference but still should be more careful on meeting budgets, says the department's Inspector General. On Friday, the auditors apologized for saying earlier that the department spent $16.80 each for muffins at a conference at Washington, D.C.'s Capital Hilton hotel, the Washington Post reports. Acting Inspector General Cynthia Schnedar said the muffins were part of a continental breakfast that also included items such as fruit, coffee, tea, juice, and other pastries. The new audit attributed the error to the Justice Department's own Executive Office for Immigration Review, which had documents showing the muffins were not so expensive as initially reported but "inadvertently" did not give them to the inspector general. The alleged $16 muffin caused a major stir at a time when belt-tightening is a watchword in Washington. Republicans and Democrats alike cited the pastries as emblems of wasteful spending. The day after the initial audit was issued, the Obama administration ordered a government-wide review of conference expenses. Washington Post