| March 28, 2012 Today's Stories |
| Politico: Roberts Court on Trial With Polarizing Health Care Case ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Politico says the Supreme Court of Justice John Roberts is on public trial as it wades into another election-year political maelstrom with its consideration of President Obama's health care law. If the Affordable Care Act goes down - especially if it suffers the same schismatic 5-to-4 blow sustained by the McCain-Feingold campaign finance law in the Citizens United case - critics will accuse the Roberts Court of rigging the game and covering their power play with constitutional doublespeak. The critics aren't even waiting for the third and final day of arguments before drawing their conclusions. Roberts' grilling of administration officials Tuesday-and his willingness to take up polarizing immigration and affirmative action cases in an election year--has already invited comparisons to the late Chief Justice William Rehnquist, whose court decided the 2000 presidential election in favor of George W. Bush. If the court again splits along a traditional conservative-liberal fault line, the health care debate will further erode the ideal of the court as an impartial arbiter and cast doubt on Roberts's own idyllic description of his role as judicial "umpire" laid out during his 2005 confirmation hearings. "John Roberts is a terrific representative of the contemporary Republican Party, a terrific representative of the Bush administration and living proof that elections really do have consequences," said New Yorker legal writer Jeffrey Toobin, who sat through Tuesday's deliberations - and judged them "a train wreck" for supporters of the law. Politico |
| Acquittal of Michigan Militia Members Seen as Blow to Government ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A federal judge in Detroit acquitted seven members of the Hutaree militia Tuesday of the most serious charges following six weeks of testimony in a high-profile terror case, reports the Detroit News. U.S. District Judge Victoria Roberts granted a defense motion to acquit the militia members on seven charges, including seditious conspiracy and conspiracy to use weapons of mass destruction. She ordered the trial to continue against Hutaree leader David Stone Sr. and his son, Joshua Stone, on weapons-related charges. The judge said the government's case was built largely on circumstantial evidence. "While this evidence could certainly lead to a rational fact-finder to conclude that 'something fishy' was going on, it does not prove beyond a reasonable doubt that defendants reached a concrete agreement to forcibly oppose the United States government," Roberts wrote. Peter Henning, a former prosecutor and current law professor at Wayne State University, called the case "all talk and no action." "This is a blow to the government," he said. "They put a lot of resources into this case. It demonstrates how difficult it is to prove conspiracy cases that have not advanced very far." Detroit News |
| NYC's Police Complaint Board Gets New Powers to Prosecute Officers ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ New York's Civilian Complaint Review Board has been given new powers to prosecute police officers for misconduct, giving "teeth and transparency" to the process, reports the New York Times. The wide new powers for CCRB lawyers were part of an agreement city officials reached on Tuesday. The changes follow a period in which the Police Department has withstood an onslaught of corruption cases and increased scrutiny on several fronts, including its surveillance and stop-and-frisk practices, the integrity of its crime data and its use of force in policing Occupy Wall Street protests. The changes are intended to shine light on a police disciplinary process that critics have long said is murky and secretive. The agreement means that board lawyers, instead of police agency employees, will act as prosecutors in cases in which board members have substantiated wrongdoing by officers and have recommended that the most serious kinds of internal, or administrative, discipline be handed out. From 2007 through 2011, the board substantiated an average of 200 cases annually that it referred to the police so officers could be put on trial by departmental lawyers before an administrative judge who also was a Police Department employee. New York Times |
| GOP Legislators Find Diminished Support for Anti-Immigration Measures ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Anti-immigration proposals have lost momentum in state legislatures, reports USA Today. Republican legislators are struggling to find support for laws that would give local police more powers to crack down on illegal immigrants. Arizona passed its landmark illegal immigration bill in 2010, and Utah, Alabama, Georgia, South Carolina and Indiana passed similar laws last year. But portions of all those laws have been blocked by federal courts and will face costly legal challenges, which could ultimately be decided when the Supreme Court reviews Arizona's law next month. Republican lawmakers say the threat of those lawsuits is one reason legislative leaders have put the brakes on immigration bills, or abandoned them altogether, as they wait to see how this election year plays out. "I think the pendulum has stopped a little closer.(). to the middle this year," said Suman Raghunathan, policy director of the Progressive States Network, which opposes state immigration enforcement laws. USA Today |
| Miami Herald Says Sanford Police Wanted to Charge FL Teen's Shooter ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Despite public claims that there was not probable cause to make a criminal case in the Trayvon Martin killing, early in the investigation the Sanford, Fla., Police Department requested an arrest warrant from the Seminole County State Attorney's office, the special prosecutor in the case told the Miami Herald. A Sanford police incident report shows the case was categorized as "homicide/negligent manslaughter." The state attorney's office held off pending further review. The Miami Gardens high school junior was killed Feb. 26 by George Zimmerman, a neighborhood watch volunteer. The 28-year-old insurance underwriter and college student was never charged, triggering a nationwide crusade on the dead teen's behalf. Asked to confirm that the police recommended a manslaughter charge, special prosecutor Angela Corey said: "I don't know about that, but as far as the process I can tell you that the police went to the state attorney with a capias request, meaning: 'We're through with our investigation and here it is for you.' The state attorney impaneled a grand jury, but before anything else could be done, the governor stepped in and asked us to pick it up in mid-stream." Miami Herald |
| ACLU Decries Federal Spying on California Muslims from 2004 to '08 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Los Angeles Times reports that federal agents routinely profiled Muslims in Northern California for at least four years, using community outreach efforts as a guise for compiling intelligence on local mosques, according to documents released by the ACLU. From 2004 to 2008, FBI agents from San Francisco regularly attended meetings and services, particularly in the Silicon Valley area, "collected and illegally stored intelligence" about Muslims beliefs and practices and shared the information with other government agencies, the ACLU said. The ACLU, the Asian Law Caucus and the San Francisco Bay Guardian filed a Freedom of Information Act request in 2010 and a lawsuit in 2011 after the groups received repeated complaints from the Muslim community about intrusive FBI activity, ACLU attorney Julia Harumi Mass said. "The FBI's targeting of Muslim Americans for intelligence gathering was not connected to any evidence of criminality, but instead targeted an entire group based on religion," Mass said. The pattern of surveillance shown in the documents "is an affront to religious liberty and equal protection of the law." In a brief written statement, FBI Assistant Director Michael Kortan defended the agents' activities, but said that the agency has adjusted its community outreach efforts. Los Angeles Times |
| Scolding FDA, Judge Blocks Import of Sodium Thiopental for Executions ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ U.S. District Judge Richard Leon on Tuesday blocked the importation of a drug used in executions because the Food and Drug Administration ignored the law in allowing it into the U.S., reports the Associated Press. Leon sided with lawyers for death-row inmates in Tennessee, Arizona and California who want to keep out sodium thiopental, because it is an unapproved drug manufactured overseas. The Obama administration argued it had discretion to allow unapproved drugs into the U.S. Leon said the FDA's actions were "contrary to law, arbitrary, capricious, and an abuse of discretion." He added, "Put simply, this appears to be nothing more than the FDA, once again, stubbornly clinging to every last ounce of its discretionary authority!" Sodium thiopental is an anesthetic used to put inmates to sleep before other lethal drugs are administered. The drug's U.S. manufacturer announced last year that it would no longer produce it, which forced corrections officials to delay many executions. Many of the nation's 34 death penalty states switched to an alternative drug, pentobarbital. Associated Press |
| Some Minnesotans Expunge Speeding Tickets by Opening Wallet Wider ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A growing percentage of drivers busted for speeding in Minnesota are finding ways to keep those violations off their driving records, often by paying extra, reports the Minneapolis Star Tribune. They are taking advantage of little-known court deals in which they pay a sometimes-hefty fee and keep their records clean as long as they don't get caught disobeying traffic laws too quickly again. In some cities, drivers can end up paying more than double the price of the ticket. "It's a loophole," said Jeff Hochstein, a 43-year-old self-described habitual speeder, who said he has sought and received the deal several times throughout his driving career in an attempt to keep his insurance rates lower. "There's ways to buy your way out of it." Last year, nearly 16,200 speeders kept a ticket off their driving records, court data show. That's 8 percent of all speeding tickets, up from 6 percent in 2004. Besides added revenue, the deals help keep court calendars from getting clogged with traffic cases, some prosecutors say. But the deals, allowed in some cities but not others, raise questions of fairness and governmental policy. "To me, that's bribery," said Sharon Gehrman-Driscoll, director of Minnesotans for Safe Driving. Minneapolis Star Tribune |
| Tampa Bay Times Debunks Claim of 'Stand Your Ground' Crime Drop ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Tampa Bay Times is debunking a claim by an author of Florida's "stand your ground" legislation that the law is responsible for a "dramatic" drop in violent crime. Rep. Dennis Rep. Dennis Baxley, R-Ocala, defended the law in an interview last week with MSNBC's Tamron Hall. Hall asked Baxley about crime statistics that show justifiable homicides are up in Florida, but Baxley said that's one statistic. "What we've learned is, if we empower people to stop bad things from happening, they will," Baxley said. "And in fact, that statistic is coupled with another statistic. That is the fact that we've had a dramatic drop in violent crime since this law has been in effect." The Times looked into crime statistics and news reports. It said, "We found that violent crime has dropped significantly in Florida since 2005. (The law went into effect Oct. 1, 2005.) We calculated the drop in violent crime rates, to account for population growth. In 2006 and 2007, violent crime rates were up just slightly up compared with 2005. In 2008, the violent crime rate began declining. By 2011, the violent crime rate had dropped 14 percent since 2005. But that's not the whole story. We also looked at crime rates for the five years before the 'stand your ground' law started, and we found violent crime was declining during those years as well. Between 2000 and 2005, violent crime dropped 12 percent." Tampa Bay Times |
| At DC Panel, Dems Press for Probe of Guns, 'Stand Your Ground' Laws ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Congress should investigate gun laws, the lack of regulations on local neighborhood watch groups and the social status of black men and boys, a group of House Democrats said Tuesday at a forum spurred by the shooting last month of Florida teenager Trayvon Martin, reports USA Today. Martin's parents attended the Capitol Hill panel, which also debated racial profiling, hate crimes and "Stand Your Ground" self-defense laws. The panel was convened by Michigan Rep. John Conyers, the ranking Democrat on the House Judiciary Committee. George Zimmerman, 28, the neighborhood watch volunteer who shot Martin, has not been charged with a crime. The case underscored the lack of clear standards on how to investigate incidents involving claims of self-defense, said Rep. Corrine Brown, a Florida Democrat who represents Sanford, where the shooting occurred. Brown said of the controversy, "I don't know whether it's incompetent, it's a coverup or if it's all of the above." Rep. Frederica Wilson, D-Fla., said, "Trayvon Martin was murdered in Sanford, Fla. No arrests have been made, and, in my opinion, an arrest should be made, and I will not rest until an arrest is made." USA Today |
| 'A Simple Firearm,' Expert Says of Kel-Tec Pistol That Killed FL Teen ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Time magazine profiles the gun used to kill Florida teenager Trayvon Martin, which is being held in evidence by police. It is a black Kel-Tec PF-9 9mm semi-automatic pistol. George Zimmerman fired a single fatal shot from the gun that struck Martin in the cchest. Police arriving at the scene of the shooting found it in Zimmerman's waistband holster. It weighs about 12 oz. unloaded, has a five-pound trigger pull and has an automatic hammer block safety, which prevents it from firing when dropped. It is also "double-action only," which means the trigger must be pulled fully in order to fire. The weapon, manufactured by Cocoa, Fla.-based Kel-Tec CNC, is a well-known device and not uncommon for police and private ownership, according to Tom Gresham, host of Gun Talk, a Sirius XM radio show. "The particular model is a popular one for concealed carry," he says. "It's a simple firearm, there is nothing unusual about it. This would be a gun any police officer would carry for personal protection." Time |
| MO Proposal Would Trim Thousands From State's Vast Sex Registry ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Missouri House gave initial approval to legislation that could drastically cut back the state's sex offender registry rolls, reports the St. Louis Post-Dispatch. The proposal faces further votes before it becomes law, but it received overwhelmingly bi-partisan support. The legislation would eliminate mandatory sex offender registry for some crimes including promoting obscenity, and it would create a way for sex offenders to come off the list early based on the severity of offenses. Representatives say the bill is an attempt to trim back what they see as the state's far-reaching sex offender registry laws. Currently, Missouri has more than 12,000 people on its sex offender registry. Crimes range from extreme rape cases to consensual sex with minors. The new law could cut as many as 5,000 people in its first year and 1,000 people each year after, according to a fiscal study. St. Louis Post-Dispatch |
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Thursday, March 29, 2012
28 March 2012
27 March 2012
March 27, 2012 Today's Stories |
| Zimmerman Told Sanford FL Police Martin Punched, Pummeled Him ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ With a single punch, Trayvon Martin decked George Zimmerman, the Neighborhood Watch volunteer who eventually shot and killed the unarmed 17-year-old, then Martin climbed on top of Zimmerman and slammed his head into the sidewalk, leaving him bloody and battered, Zimmerman told police, according to the Orlando Sentinel. Much of it has been corroborated by witnesses, authorities say. Zimmerman says he shot in self-defense. Civil-rights leaders and more than a million other people have demanded Zimmerman's arrest, calling Martin a victim of racial profiling and suggesting Zimmerman is a vigilante. Martin was an unarmed black teenager who had committed no crime, they say, who was gunned down while walking back from a 7-Eleven with nothing more sinister than a package of Skittles and can of Arizona iced tea. |
| The National Media Circus Turns Against Trayvon Martin ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The media circus surrounding the Trayvon Martin-George Zimmerman case is taking "decidedly ugly turn," says Tampa Bay Times columnist Eric Deggans. As protests spread and celebrities from Sinbad to M.C. Hammer weigh in, supporters of Zimmerman, including some conservative websites are attempting to turn Martin's image from innocent kid to dangerous thug. The website the Daily Caller featured tweets from the dead 17-year-old's now-closed account under the name NO_LIMIT_NIGGA. Another website, Wagist, complained that the widely-circulated photo of Zimmerman was a mug shot from a 2005 arrest, while photos from Martin's family showing him as a younger, less threatening youth. The site posted pictures from a Twitpic account featuring what it says are Martin's multiple tattoos, concluding he "may have been a small time drug dealer." In a media world where everything is political, Martin's killing has become a tug-of-war between those who see his case as an example of the dangers of racial profiling and those who contend liberal activists have hijacked the process for their own ends. Deggans asks, "Even if Martin dabbled in drugs, carried himself like a gangsta and wore tattoos, did Zimmerman have the legal right to kill him that night?" |
| How NRA Spread "Stand Your Ground"--An Issue In Martin Case ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In 2004, the National Rifle Association honored Florida state Rep. Dennis Baxley with an award. Then, he worked closely with the NRA to enact Florida's then-unprecedented "stand your ground" law, which allows citizens to use deadly force if they "reasonably believe" their safety is threatened in public settings, reports the Center on Public Integrity. Florida's law is under a cloud as a result of the shooting of Trayvon Martin, 17. The 28-year-old shooter, George Zimmerman, who was licensed to carry a gun, said he acted in self-defense after a confrontation with Martin. Baxley contends that his law shouldn't shield Zimmerman because he pursued Martin. The NRA is silent on the issue, but its silence contrasts with its history of activism on stand-your-ground legislation. Since the Florida measure passed, the NRA has flexed its considerable muscle and played a crucial role in the passage of more than 20 similar laws nationwide. The Florida law is rooted in the centuries-old English common-law concept known as the "Castle Doctrine," which holds that the self-defense right is accepted in one's home. The Florida law and others like it expand that to venues beyond a home. "This train keeps a rollin' - Castle Doctrine Sweeps America," an NRA message said in 2006. he campaign, the group said, "is turning focus from criminals' rights to those of the law-abiding who are forced to protect themselves." |
| WA Scrambling to Address Prison Overcrowding; Inmate Fights Rise ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Each week, 150 new inmates spend their first days in the Washington state prison system as "rugs," the term used to describe offenders who have to sleep on the concrete floor of cells because of overcrowding, says the Seattle Times. Inmates don't like having a third man squeezed into their cells; they complain about the heat generated by three people in a 6-foot-by-9-foot space. Recent closures of three prisons, coupled with a spike in incoming inmates, have some prisons bursting at the seams. The crowded conditions can lead to safety issues among inmates whose resentment boils over into anger, as well as the corrections officers who are assigned to watch over them. Officers regularly squeeze into the tight living units to break up fights. Corrections Secretary Bernie Warner is scrambling to address overcrowding and is bracing for the projected need for about 160 additional prison beds statewide this summer. That's down from 300 beds after officials announced Friday that all single-inmate cells at the Washington State Reformatory in Monroe will now house two inmates, giving the prison system 140 new beds. The three-strikes law and changes in sentencing laws for some firearms-related crimes have led to longer sentences, boosting inmate numbers. |
| WA Considering Statewide "Swift and Certain" Parolee System ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In an experiment, 35 Seattle parolees, were put under a new kind of supervision. Every time they failed a drug test or blew off a meeting with a corrections officer, they'd quickly be jailed, reports the Associated Press. After no more than three days, they'd be released. More serious offenses would result in up to 30 days in jail. Another 35 ex-cons were the control group. Their would be dealt with less consistently, with offenses resulting in anything from a verbal reprimand to 60 days behind bars. After six months, the parolees subject to the experimental "swift and certain" system of punishment showed dramatically lower rates of drug use. They also were less likely to be sent back to prison. "I went into it with some skepticism. How could something so simple work?" said corrections administrator Donta Harper. "But it worked." The pilot project is being proposed for a statewide remaking of probation and parole - collectively known as community custody - that would put Washington at the forefront of a nationwide push to change how they function. The system is modeled on a program started 8 years ago in Hawaii and called HOPE--Hawaii Opportunity Probation with Enforcement. |
| It Took Five Years For 4 NYC Cops to Lose Jobs in Sean Bell Case ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The dismissal of an undercover detective who fired the first of the 50 police bullets when Sean Bell was killed in New York City more than five years ago may close the final chapter of that drawn-out story, says the New York Times. On the streets near the site of Bell's shooting, residents expressed anger, and resentments that remain unresolved. Some said it had taken far too long to punish Det. Gescard Isnora. Others wondered why the dismissal came as the killing of a black Florida teen stirred memories of the Bell case. Many officers said the termination would hurt morale, though some said that police commissioner Raymond Kelly had no choice but to cut ties to a detective whose name had been tainted. Kelly accepted the recommendation of a judge who presides over police disciplinary cases that Isnora be terminated and he forced the retirements of three other officers involved in the shooting of Bell, 23, outside a club on his wedding day, Nov. 25, 2006. |
| Federal Bill Encourages Better Technology to Prevent Drunk Driving ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Safety advocates and alcohol interests are squaring off over legislation intended to reduce alcohol-related traffic deaths through the use of devices that prevent drunken drivers from starting their cars, reports Politico.com. Tucked into a pending U.S. Senate transportation bill is a provision that directs the National Highway Traffic Safety Administration to study "more widespread deployment of in-vehicle technology" that would prevent drunken driving. The research will be carried out by the Driver Alcohol Detection System for Safety, a collaboration between NHTSA and the automobile industry. The idea is to develop some kind of nonintrusive technology based around touch or breathing that would be able to sense when a driver is drunk and disable the car. Technology on the market now - called "ignition interlocks" - require a driver to blow into a Breathalyzer device attached to the car's dashboard and then wait 30 seconds until the sample is analyzed. Only then will the car start. The research is trying to develop a "far less intrusive" technology more acceptable to the general public, which consumers eventually would be able to choose as an option on a new car - similar to picking leather seats or a sunroof. Another provision of the bill says if states want about 5 percent of their regularly allocated safety money, they must enact a law that requires first-time DUI offenders to install an ignition interlock device if they want to continue driving. |
| CO Reconsiders Allowing Prosecutors To Decide on Trying Teens as Adults ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A Denver "summer of violence" in 1993 prompted state legislators to pass laws intended to crack down on juvenile offenders. Nearly 20 years later, reports the New York Times, Colorado is revisiting a law that gives prosecutors the power to charge youths as adults in serious crimes without first getting approval from a judge. Opponents of the law say it gives prosecutors virtually unchecked power over juveniles and has been used too broadly. Critics say teenagers accused of midlevel crimes like robbery and burglary are too often tried as adults and saddled with felony convictions that will stay with them forever, as well as time in adult prisons. Colorado is the latest state to take a second look at juvenile crime laws, passed largely because of rising crime during the 1980s and '90s. Such laws vary widely, and most states give juvenile judges the authority to transfer a child's case into an adult court if a crime is severe enough. A pending proposal, opposed by prosecutors, would require a judge to approve trying a juvenile as an adult. The Colorado District Attorneys' Council says the number of direct-file cases was down to 61 last year. |
| Philadelphia Police Arrest Student for Taking Photos of Traffic Stop ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A photojournalism student was charged with obstruction of justice and resisting arrest after photographing Philadelphia police officers who made a traffic stop outside of his home, says the Reporters Committee for Freedom of the Press. Temple University junior Ian Van Kuyk was allegedly thrown to the ground and arrested while taking photographs of police for a class assignment. The National Press Photographers Association wrote to Police Commissioner Charles Ramsey that "any police officer should know that photography on a public street is a First Amendment protected activity." A police department memo says that "all police personnel, while conducting official business or while acting in an official capacity in any public space, should reasonably anticipate and expect to be photographed, videotaped and/or be audibly recorded by members of the general public or individuals temporarily detained." It ordered officers not to interfere with the photographing, videotaping, or audio recording. Courts disagree on the extent to which the First Amendment creates a general right to record police activity in public. |
| Daniel Garcia of Dallas Chosen to Head Phoenix Police Force ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The yearlong search for a new Phoenix police chief has yielded the first top officer in at least a generation to be hired from outside the city's police force, reports the Arizona Republic. Daniel Garcia, 56, an assistant chief in Dallas, will take over the department in the wake of a series of high-profile incidents that spurred community uproar in recent years. Garcia highlighted his background in community policing. "I want the community to understand they have a voice with the new chief of police," Garcia said yesterday. The significance of Phoenix administrators' picking an outsider to lead the agency was not lost on Joe Clure of a Phoenix police union. "You'd be kidding yourself if you think this isn't a historic event," Clure said. "I've been a police officer for 30 years and never seen us seriously entertain the thought of going outside of our ranks." Garcia was among four finalists e search to replace Chief Jack Harris, who was forced out after a series of contentious issues. The others were Phoenix Assistant Police Chief Kevin Robinson, acting Phoenix Chief Joe Yahner and former San Jose Police Chief Robert Davis. |
| Hubert Williams to Retire As Police Foundation President ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Hubert Williams will retire as president of the Washington, D.C.-based Police Foundation on June 30 after 27 years as president. The organization's board retained the executive recruiting firm of Korn/Ferry to help find a successor. Board chairman Weldon Rougeau said the scope of Williams' "experience and influence on police policy is considerable." He said the foundation "has successfully assisted police departments seeking to increase community satisfaction with police service and implement community policing strategies." Williams was appointed foundation president in 1985, succeeding the late Patrick Murphy. Williams was police director in Newark from 1974 to 1985. The Newark Police Department was the laboratory for early Police Foundation studies key to the evolution of community policing-The Newark Foot Patrol Experiment and a federally-funded fear reduction experiment. |
| Henry Ruth Dies; Criminal-Justice Official, Watergate Prosecutor ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Henry S. Ruth Jr., a well-known voice in anticrime policies over the years, died on March 16 at 80. As the New York Times reports, Ruth was better known for helping lead the prosecution of Nixon administration officials involved in covering up the Watergate break-in and kept it on track when President Nixon fired special prosecutor Archibald Cox in the "Saturday Night Massacre." Ruth, Cox's deputy, was credited with holding the office together. Earlier, Ruth had served as deputy staff director of the crime commission appointed by President Lyndon Johnson. He later worked in the Justice Department's research arm, then known as National Institute of Law Enforcement and Criminal Justice. He also served as criminal justice coordinator for New York City under Mayor John V. Lindsay. With law professor Kevin Reitz, he co-authored a book, The Challenge of Crime: Rethinking Our Response (Harvard University Press, 2003). |
Thursday, March 22, 2012
22 March 2012
| March 22, 2012 Today's Stories |
| Court Says Defendants Have Right to Effective Lawyers In Plea Deals ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Criminal defendants have a constitutional right to effective lawyers during plea negotiations, the Supreme Court said yesterday in two 5-to-4 rulings that the New York Times says vastly expanded judges' supervision of the criminal justice system. What formerly was unregulated deal making now is subject to constraints when bad legal advice leads defendants to reject favorable plea offers. "Criminal justice today is for the most part a system of pleas, not a system of trials," Justice Anthony Kennedy wrote for the majority. "The right to adequate assistance of counsel cannot be defined or enforced without taking account of the central role plea bargaining takes in securing convictions and determining sentences." Kennedy, who often joins the court's conservative wing in ideologically divided cases, yesterday was in agreement with the court's four more liberal members. That alignment arises in cases that seem to offend his sense of fair play. The rulings' impact is difficult to predict. Justice Antonin Scalia said in dissent that, "the court leaves all of this to be worked out in further litigation, which you can be sure there will be plenty of." New York Times |
| FL Commissioners Vote No Confidence In Chief After Teen's Shooting ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Sanford, Fl., city commissioners have voted "no confidence" in police Chief Bill Lee Jr., who has been lambasted for his department's handling of the fatal shooting of Miami teenager Trayvon Martin, reports the Orlando Sentinel. Commissioner Mark McCarty made the motion that could lead to the ouster of the chief, who has been on the job just 10 months. "I take no pleasure in a public flogging of our police chief," McCarty said before a packed council chambers. "But he really should turn in his resignation." The vote was 3-2. "A rush to judgment is wrong," said commissioner Patty Mahany, who called the vote a "knee-jerk reaction." Lee, 52, was hired in May after criticism surrounding the beating of a homeless black man by the son of a Sanford lieutenant. City Manager Norton Bonaparte Jr. called the vote "a strong statement" but said he wants to wait for investigations by the U.S. Department of Justice and the Brevard-Seminole State Attorney's Office to be completed before he acts. Trayvon's killing on Feb. 26 has prompted national outrage. Today, Trayvon's parents, Sybrina Fulton and Tracy Martin, attended a "Million Hoodie March" in New York City. Orlando Sentinel |
| TX Man Jailed for Killing Parents Planned Columbine-Style School Attack ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A Waller, Tx., man accused of fatally gunning down his parents and older brother was also planning a Columbine-style massacre at a local high school, reports the Houston Chronicle. Trey Eric Sesler told investigators he and at least one other former Waller High School student were planning such a shooting at the high school. Authorities charged Sesler, 22, with capital murder yesterday in the deaths of his mother, father and brother. Law enforcement found their bodies the day before at the family home, led there by concerned relatives. Sesler appeared to have an obsession with the Colorado tragedy, where two seniors went on a shooting spree, killing 12 classmates and one teacher before taking their own lives in 1999. His friends seemed to entertain Sesler's idea, but whether they would follow through was unclear. Investigators are taking Sesler's claims about the plot seriously. He seemed to have an interest in guns and, according to police, used recreational drugs and had recently been asking where he could get body armor. Sesler was captured Tuesday night after a daylong manhunt. He is in the Waller County Jail on a $3 million bail. Houston Chronicle |
| CA Counties Spending Too Much State Money to Build Jails: ACLU ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ California risks repeating past mistakes as it doles out hundreds of millions of dollars to help county jails house inmates who once would have ended up in state prisons, charges the American Civil Liberties Union. An ACLU report quoted by the Los Angeles Times cites a recurring concern of advocates: Rather than pursuing cheaper ways of protecting public safety, the state is shifting the problem of prison overcrowding to the local level. "Left unchecked, these counties will build larger jail systems that will cost more tax dollars than they do now and hold more people than they do now," the ACLU said. California is trying to reduce its state prison population to 110,000 inmates by mid-2013 to comply with a U.S. Supreme Court ruling. Low-level offenders now remain in jails instead of being sent to state prisons, and the state has promised more money to help local governments cope. The 25 counties receiving the most "realignment" funding plan to use $45.1 million to pay for roughly 7,000 new jail beds and more than 700 new staff members. Counties need to be innovative with the money, said Emily Harris of Californians United for a Responsible Budget, which opposes heavy prison spending. "If realignment just becomes a massive jail expansion plan, we are continuing the 30 years of failed corrections policy," she said. Los Angeles Times |
| DOJ Calls Sex Misconduct At GEO Youth Unit In MS Among Nation's Worst ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The U.S. Justice Department says juveniles were subjected to sexual misconduct and other abuses at a privately run Mississippi prison, reports the Associated Press. The federal findings come three weeks after plans were announced to move youth to another facility. The Justice Department said sexual misconduct at Walnut Grove Youth Correctional Facility in central Mississippi "was among the worst that we have seen in any facility anywhere in the nation." Walnut Grove - which also houses adults - is run by GEO Group of Boca Raton, Fl., the nation's second largest private prison company. The Southern Poverty Law Center, the American Civil Liberties Union and Jackson attorney Robert McDuff sued the state over conditions at the facility in 2010. "The Department of Justice's groundbreaking investigation into the GEO-Group operated Walnut Grove Youth Correctional Facility confirms what Mississippi's communities have known for over a decade: the combination of a profit hungry private prison, and a bad law that allows too many teenagers to enter the adult justice system has created a public safety crisis in Mississippi," said Sheila Bedi of the Southern Poverty Law Center. Associated Press/ABC News |
| Denver Cosmetologist Charged In Fraud to Avoid Jury Duty ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ On June 28 in Denver, juror No. 4361 was a wreck, says the Denver Post. Her hair hung askew in curlers. Her shoes and reindeer socks mismatched. Heavy makeup was smeared on her face. Denver District Court Judge Anne Mansfield dismissed the woman, who explained in disjointed speech, "I broke out of domestic violence in the military. And I have a lot of repercussions. One is post-traumatic stress disorder." Now Juror No. 4361 - published author and cosmetologist Susan Cole - faces felony charges after allegedly bragging on a radio program that she fabricated the elaborate ruse to duck jury duty. Now Cole 57, is charged with perjury and attempting to influence a public servant, both felonies. "Her makeup looked like something you would wear during a theater performance," said court reporter Kelli Wessels. "When the judge asked the entire panel if anyone had a mental illness, (Cole) stated she had difficulties getting ready in the morning, which was apparent to me by the way she was dressed." Cole told Mansfield she had lived on the streets, got confused in the mornings and didn't "want to emotionally go through this," according to court transcripts. On Oct. 17, Mansfield was listening to callers describe avoiding jury duty on a radio program and heard a familiar tale. A woman identifying herself as "Char from Denver" related how she'd shown up to court disheveled in an attempt to appear mentally ill. "Char went on to describe how she shared this experience with clients at her hair styling business, and that they all found the story amusing." Denver Post |
| Chicago Buying 11,000 Police Helmet Shields for NATO Conference ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Chicago is buying more than 8,500 face shields for police helmets in preparation for the May NATO conference, the Chicago Tribune reports. The shields will fit over police helmets and provide added protection against rocks or fluids, said police spokeswoman Melissa Stratton. While the shields are expected in time for the May 20-21 NATO conference, Stratton said "essentially this is about protecting our officers" at all times. The $757,657 purchase was made through a contract Safeware Inc. has with U.S. Communities, a government purchasing cooperative. The city used a federal Homeland Security grant to cover the cost,.The deal for 8,513 shields follows an earlier $193,000 contract with another company to provide the city with 3,057 shields. Chicago Tribune |
| OH Defenders, Prosecutors Agree: Trial Transcript Costs Are Too High ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Two people rarely on the same side: Ohio Public Defender Tim Young and John Murphy, head of the Ohio Prosecuting Attorneys Association are up in arms about the high cost of trial transcripts, reports the Columbus Dispatch. Young said his office recently paid $15,500 for a transcript and copies for one case. "It's one of the most-ridiculous things in state law," Murphy said. He said it costs prosecutors hundreds of thousands of dollars every year. Young urged state legislators to change requirements for paying court reporters for transcripts. He estimated it could save one-third of his agency's $1.3 million annual bill. The average cost for state, county, and other entities is $2 per transcript page and $1 per page for each copy - "for pushing a button," Young said. "I don't think taxpayers should have to pay that much." In the case that Young cited, which included five defendants, his office paid $1,111 each for five copies, plus $2,222 for the original transcript, and needed two full sets. A commercial copying firm would have charged about $94 apiece at a bulk rate of 8.5 cents per page. Susan Horak of the Ohio Court Reporters Association is fighting the proposed cost change, saying, "our rates are very much in line with the rest of the country. We're not out of whack." Columbus Dispatch |
| Philly To Pay $1.8 Million to Family of Man Killed by Stray Police Bullet ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Philadelphia has agreed to pay $1.8 million to the family of a man killed when a police officer, chasing an armed suspect, fired into a home during a 2008 New Year's party. the Philadelphia Inquirer reports. The officer's bullets hit three people attending the party, including Abebe Isaac, a hospital maintenance worker and father of three young children. Isaac, 33, died a week later. "We're hoping this will in some way help his children," said Alan Yatvin, an attorney for the Isaac family. "They're young, and they have their whole lives in front of them without their dad." The District Attorney's office in 2010 cleared officer George Marko of criminal charges for firing into the home, saying his actions were justified. In addition to Isaac, another man at the party was seriously wounded and a 9-year-old boy was grazed in the back. The shooting prompted lawsuits from 27 people who were at the party. Philadelphia Inquirer |
| U.S. Removes Afghan Suspect Info From Its Websites ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Besides waiting nearly a week before identifying the staff sergeant suspected of killing 16 Afghan villagers, the U.S. military scrubbed its websites of references to Robert Bales' combat service, McClatchy Newspapers report. Given the myriad ways information remains accessible on the Internet, despite the best efforts to remove it, the material about Bales was still there and available, in cached versions of Web pages. Within minutes of the Pentagon leaking his name Friday evening, news organizations and others found and published his pictures, an account of a battle that depicts Bales and other soldiers in a glowing light and excerpts from his wife's blog. The military said its intention in removing the material wasn't to lessen the Army's embarrassment over the attack but to protect the privacy of Bales' family. Another likely concern was that criminal charges against Bales are expected soon, and the case could last a long time. He's at the Army's maximum-security prison at Fort Leavenworth, Ks. "The military actually does a very good job of protecting defendants' rights," said Allan Millett, a military historian at the University of New Orleans and a retired colonel in the Marine Corps Reserve. "I suspect it was simply a matter of not prejudicing either public opinion or anyone who might be involved in the case. I'm sure they're leaning over backward." Seattle Times |
| Austin Police Stops, Searches Down; Racial Profiling Denied ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The number of people stopped by Austin police after traffic violations was down significantly in 2011 compared with previous years, says a report on racial profiling quoted by the Austin American-Statesman. Black and white residents were stopped at a rate higher than their representation in the population, while Hispanic residents were stopped less. The number of instances where officers found contraband items such as weapons, drugs, or stolen items is up from previous years, which the department says is an indicator that racial profiling is not taking place. "I don't have any concerns that our officers are racially profiling," Assistant Police Chief Sean Mannix said. "Generally, an officer doesn't know who they've stopped until they're up to the window asking for their driver's license." The report said the drop in traffic stops is because officers shifted their focus from citywide traffic to the major highways. Police Chief Art Acevedo instructed officers to be more diligent in determining when to conduct searches. Acevedo "asked officers to be aware of whether or not they could articulate the facts that would justify the search," the report said. "We believe the directive to pause and critically assess the circumstances present prior to initiating a search also contributed to the reduction in the overall number of searches." Austin American-Statesman |
| U.S. Bans USA Today Story on Sex Offenders From Prison Holding Them ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The federal prison complex at Butner, N.C., banned Monday's edition of USA Today because of concerns about the newspaper's investigation of sex offenders the government has sought to detain there, the newspaper reports. Bureau of Prisons spokeswoman Traci Billingsley said the warden made the decision "because an article contained highly sensitive, detailed information regarding specific inmates housed at that facility. To ensure the continued safe operation of the facility, the publication was not provided, and the inmates at the facility were advised of it." A story in Monday's edition of the newspaper raised questions about the government's handling of a system meant to detain sex offenders indefinitely. It said that the U.S. Justice Department had held dozens of men for years without a trial before they were released because they did not meet the strict legal criteria for detention. Despite six years of effort, the government has persuaded federal courts to commit just 15 of the 136 men prison officials had sought to detain as "sexually dangerous" predators. Federal rules say that a warden can reject a publication "only if it is determined detrimental to the security, good order or discipline of the institution or if it might facilitate criminal activity." The rules say prison officials should consider, among other factors, whether the publication would show inmates how to make weapons or alcohol, whether it is written in code and whether it includes sexually explicit material. USA Today |
20 March 2012
March 20, 2012 Today's Stories |
| Robberies Spiking in Some Big Cities; "Cash, Tech Gear, Handbags" in D.C. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Robbery is up more than 30 percent in Washington, D.C., this year, a jump that has forced police to redeploy resources, shake up tactics, and urge residents to provide tips and act as witnesses in investigations, the Washington Post reports. This year's increase is much larger than the rise last year, when robberies increased 5 percent. Driving the increase has been a jump in incidents in which a gun was used--up more than 70 percent. Commuters, pedestrians, and shop workers have had bags snatched and registers looted; they've been threatened with weapons and bare-handed violence; and robbers, alone or in groups, have grabbed cash, tech gear and handbags. The rise is significantly steeper than that seen in some other big cities. Robberies were up about 8 percent in New York through March 11, and rose about 10 percent in Philadelphia during the same time. It's meant busy days and nights for Washington police. "We are hammering robberies," Police Chief Cathy Lanier said. "We are putting everything we have into this." |
| Gangs Causing Chicago Bloodbath, McCarthy Says; Audit Planned ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Responding to a bloodbath of violence over the weekend, Chicago Police Superintendent Garry McCarthy said he's seeing an "uptick" in gang conflicts - and will soon provide beat cops with better information about gangs to stop retaliatory shootings, the Chicago Sun-Times reports. Gangs were responsible for almost all of the 37 shootings and nine murders from Friday through Sunday, McCarthy said. When he took over as superintendent almost a year ago, gangs represented about half the firearm violence, but now they're to blame for more than 80 percent of it, McCarthy said. "They are splintering off into smaller gang factions and it's getting more difficult for us to track and predict what's going to happen next," he said. McCarthy said he's launching "gang audits" in each of the city's police districts. Beat cops and gang officers have been meeting over maps to chart the turf and membership of gangs in the district, McCarthy said. That information will be merged with gang intelligence from the police department's existing databases, he said. "The violence this past weekend is unacceptable to me and every law-abiding Chicago resident," said Mayor Rahm Emanuel. " Our streets belong to the families and children of our city, not to the gangs and gangbangers. |
| Atlanta Settling Cases Over Police Touching: Necessary or Humiliation? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Atlanta taxpayers have paid hundreds of thousands of dollars to settle lawsuits brought by men who said they were touched inappropriately by police officers searching them, and the city is on the verge of paying out more, reports the Atlanta Journal-Constitution. Late last year, the Atlanta Police Department spent almost $300,000 to settle two lawsuits brought against officers who touched the genitals of suspects. Yesterday, the City Council agreed to pay $470,000 to settle a lawsuit by five men who said officers pulled down their pants and touched them inappropriately while looking for drugs that were not found. Critics say officers have continued to use invasive search techniques, even after earlier settlements, though some in law enforcement say they understand that officers don't want to risk a hidden weapon. "This is not something that happened just once with a particular officer who has issues," said Marlon Kautz of the grassroots organization Copwatch. "It's an observable pattern throughout the department. That's got to make one ask is this a deliberate strategy on the part of APD to humiliate people." Former police officer Frank Rotondo, director of the Georgia Association of Chiefs of Police, said such searches are necessary. saying he had "missed weapons in the crotches of people, so regretfully you have to do that sometimes." |
| J. Q. Wilson Scholarship Informed Almost Every Area of Crime Policy ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ James Q. Wilson, who died this month, left a legacy of wisdom-and clear and prolific scholarship-that has informed almost every area of America's crime policy, writes criminologist Joan Petersilia of Stanford Law School for The Crime Report. Whether you agreed with his positions or not, there was no denying that his writings were a force to be reckoned with on such diverse topics as the death penalty, gun control, drugs, juvenile justice, crime prevention, deterrence, prisons and policing, she says. Wilson told Petersilia he hoped he wasn't mostly remembered for Broken Windows policing (named after the famous "Atlantic Monthly" article with George Kelling), because when he and Kelling wrote it, he viewed it as just a psychological theory in need of testing. That article-like so much else Wilson published-turned out to be extraordinarily influential. |
| DOJ to Probe Martin Shooting; Congressman: "Vigilante Justice" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Some members of Congress are urging the U.S. Department of Justice to consider Trayvon Martin's shooting death a hate crime after the announcement that the federal law-enforcement agency will investigate the teen's slaying, reports the Orlando Sentinel. Congressional Black Caucus chairman Emanuel Cleaver II (D-MO) said Martin's slaying by neighborhood watch volunteer George Zimmerman, who hasn't been charged, "compromises the integrity of our legal system and sets a horrific precedent of vigilante justice." Florida Gov. Rick Scott ordered a state investigation also. The probes come amid swelling public scorn and demands for justice from activists, legislators, church leaders and indignant citizens. A petition on Change.com has attracted more than 500,000 signatures from supporters, including celebrities like Gabrielle Union, Alyssa Milano, Cher, and Russell Simmons who have weighed in on the controversy through social media. |
| Bales Afghan Case Could Take Years in Military Justice System ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Staff Sgt. Robert Bales has yet to be formally accused of the nighttime massacre of 16 Afghan civilians in a village a mile from his post. The New York Times says that once preliminary charges are announced, as early as this week, the military justice system will proceed deliberately, regardless of the enormity of the charges of the international repercussions. It is a system devised to be flexible enough to be convened on a battlefield, and broad enough to deal with anything from theft and insubordination to atrocity. Experts agree there will be no quick resolution in the case, especially if the charges carry the death penalty, which Defense Secretary Leon E. Panetta said last week "could be a consideration." That, said John Galligan, a military lawyer in Texas private practice, means "it's going to take several years." Sgt. Bales, held at Fort Leavenworth, Ks., met with his defense team for the first time yesterday. His lawyer, John Henry Browne, told the Associated Press that his client's recall of that night was patchy. |
| Occupy Protesters Back in NYC--So Are Complaints Against Police ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The return of Occupy Wall Street protesters to New York City's Zuccotti Park last weekend also brought back complaints of aggressive police conduct from demonstrators and elected officials, reports the Wall Street Journal. Hundreds of protesters arrived in Lower Manhattan Saturday night to mark a 6-month milestone since the anti-corporate movement first entered the privately-owned public plaza. By Sunday, 74 people had been arrested, several protesters and two police officers had suffered injuries, and law-enforcement officials temporarily erected barricades around Zuccotti Park. Two City Council members who have supported Occupy Wall Street since its inception, Ydanis Rodriguez and Jumanne Williams, denounced what they characterized as police abuse of protesters. The protesters "are not terrorists, they are not enemies of the state," said Williams. "This park is to be used by the public. Occupy Wall Street is part of the public." He added: "What this is about - and let's be clear - is suppression of dissent." |
| Florida Subjecting Public Employees to Random Drug Tests ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Florida, which tests welfare recipients for drug and alcohol abuse, is poised to extend drug testing to state public employees - a first-in-the-nation move that lawmakers from other states may copy, even as labor unions, civil libertarians, and small-government advocates rail against it, the Christian Science Monitor reports. Under the law, agency heads may test randomly up to 10 percent of their workforce for illegal drugs, prescription drugs, and alcohol, every three months. Elected officials are exempt. The Republican-backed measure is intended to be a net benefit in that it gives workers who have drug problems a way to get clean, while at the same time protecting the broader citizenry from impaired public servants. Florida state workers are not known to have more substance abuse problems than workers elsewhere. Rather, the new law seems part of a trend to raise accountability for a wide range of people who are receiving taxpayer dollars - be they public employees, welfare recipients, or jobless people collecting unemployment benefits. |
| State Anti-Corruption Rankings: NJ Does Well, 8 States Get F's ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Center for Public Integrity, with two other organizations, did the first data-driven assessment of transparency, accountability. and anti-corruption mechanisms in all 50 states. No one earned an A grade. Only five states got a B: New Jersey, Connecticut, Washington, California, and Nebraska. Nineen states got C's, 18, D's, and 8 got Fs: Michigan, North Dakota, South Carolina, Maine, Virginia, Wyoming, South Dakota, and Georgia. State ethics, open records, and disclosure laws lack one key feature: teeth. "It's a terrible problem," said Tim Potts of the nonprofit advocacy group Democracy Rising PA, which works to inspire citizen trust in government. "A good law isn't worth anything if it's not enforced." New Jersey emerges at the top of the pack, a seemingly stunning ranking for a state with a reputation for dirty politics. Sparsely-populated Western or Plains states like Idaho, Wyoming, and the Dakotas do poorly. There, libertarianism roots, a small-town, neighborly approach to government, and the belief that "everybody knows everybody" has overridden any perceived need for strong protections in law. |
| Armed Career Criminal Act's " Grossly Unfair Results" ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The New York Times says the federal Armed Career Criminal Act remains a source of confusion for judges. The law ratchets up sentences to a mandatory minimum of 15 years for felons who illegally possess guns and have three prior violent felony convictions. Some judges have misinterpreted this statute, as happened in the case of John Joel Foster, who could end up serving 15 years in prison rather than 27 months for possession of a firearm because the U.S. Court of Appeals for the Fourth Circuit wrongly categorized 20-year-old crimes as violent felonies. Justice Antonin Scalia calls the law unconstitutional because some of its language is so vague that it "permits, indeed invites, arbitrary enforcement." In a dissent, he wrote, "Many years of prison hinge on whether a crime falls within" the act. The Times calls the Foster case "further evidence that Congress needs to clarify vagueness in the statute, which can lead to grossly unfair results." |
| No Jail For Cincinnati Man In Case Over Facebook Apology ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "Civil rights matter," Mark Byron of Cincinnati said yesterday after Judge Jon Sieve chose to chew him out but not jail him. The Cincinnati Enquirer said Byron, 37, was in court in a case that has drawn international attention because of a court order requiring him to post on his Facebook page an apology to his estranged wife, Elizabeth Byron, or go to jail. The apology was ordered by a magistrate who ruled that Mark Byron's Facebook posting - and the comments on it made by his Facebook friends - made his ex-wife concerned for her safety. "I'm sure they didn't put me in jail (Monday) to keep it from getting bigger," said Byron, who wore under his sports jacket a T-shirt that read "freespeech." The case has been commented on around the globe - many, if not most, of the comments critical of the court-ordered apology - because of the free speech issues: a judge writing an apology and forcing Byron to post it on his Facebook page. Judge Jon Sieve saw it differently, saying Byron was using the case - and the media - for his benefit. "There is a certain monetary interest to be served in this media exploitation," Sieve said. Byron and his estranged wife are going through a contentious divorce and custody fight over their toddler son. |
| High Court Taking up Issues of Mental Competence, Death Row Cases ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Supreme Court a quarter century ago said it was unconstitutional to execute an insane person, and it extended that ban to the mentally retarded in 2002. Lyle Denniston in Scotusblog says the court never has decided whether an individual has any right, under the Constitution or any federal law, to actually be competent in order to take part in a federal habeas review of his case or to have the case put off indefinitely. Yesterday, it agreed to rule on those issues, accepting cases from Arizona and Ohio. That brings brings the court back to an exploration of the rights of individuals who have been sentenced to death in murder cases and then are found to be mentally incompetent. The court has not sorted out what other legal rights the mentally ill on death row have when, having failed in challenges in state court, they turn to federal courts to press their legal claims. Officials in 17 states joined in urging the Court to spell out what a federal court is to do in a habeas case when a death-row inmate is found to be incapable - because of a mental defect - of helping out his lawyers in pursuing a habeas challenge. |
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