Monday, September 19, 2011

Articles for 19 Sept 2011


Reported Violent Crime Down 6 Percent Last Year, FBI Says
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Reported violent crime in the U.S. dropped 6 percent last year compared with 2009, the fourth consecutive year it has declined, the FBI said today. For the eighth consecutive year, property crimes went down as well-2.7 percent. The report was compiled from data submitted by 18,000 law enforcement agencies, and differs from the Justice Department's victimization survey, which was issued last week and reported a 13 percent drop in violent crime.
In the FBI's report, the largest decrease was robbery, 10.0 percent. Motor vehicle thefts were down 7.4 percent. The most common violent crime was aggravated assault, which accounted for 62.5 percent of the crimes reported last year. Firearms were used in about two thirds of reported murders, 41.4 percent of reported robberies, and 20.6 percent of aggravated assaults

Victimization Survey Found 49% Violence Drop Since '93
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Experts are surprised at how much crime is declining as shown in the Justice Department's National Crime Victimization Survey, criminologist Alfred Blumstein of Carnegie Mellon University tells the Associated Press. From 1993 through 2010, the rate of violent crime has declined by a whopping 70 percent: from 49.9 violent crimes per 1,000 persons age 12 or older to only 14.9 per 1,000 in 2010. Half of this decline came between 1993 and 2001. Between 2001 and 2009, violent crime declined at a more modest annual average of 4 percent, but that rate decline jumped to 13 percent in 2010.
Blumstein said "the victimization survey is basically confirming" the FBI's preliminary figures on crimes reported to police during 2010. That early, incomplete data showed reported crime fell across the board last year, extending a multi-year downward trend with a 5.5 percent drop in the number of violent crimes in 2010 and a 2.8 percent decline in the number of property crimes. The victimization survey figures are considered the government's most reliable crime statistics, because they count crimes that are reported to the police as well as those which go unreported. Over the last decade, only about half of all violent crimes and only 40 percent of property crimes are reported to police.

For First Time, U.S. Drug Deaths Outnumber Highway Fatalities
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Fueled by an increase in prescription narcotic overdoses, drug deaths now outnumber traffic fatalities in the U.S., finds a Los Angeles Times analysis of government data. Drugs exceeded motor vehicle accidents as a cause of death in 2009, killing at least 37,485 people nationwide, say preliminary data from the U.S. Centers for Disease Control and Prevention.
While most major causes of preventable death are declining, drugs are an exception. The death toll has doubled in the last decade, now claiming a life every 14 minutes. By contrast, traffic accidents have been dropping for decades because of huge investments in auto safety. Public health experts have used the comparison to draw attention to the nation's growing prescription drug problem, which they characterize as an epidemic. This is the first time that drugs have accounted for more fatalities than traffic accidents since the government started tracking drug-induced deaths in 1979.

Philly Cops Use Polygraph Tests for Applicants Despite High Failure Rate
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Sixty-three percent of finalists for Philadelphia Police Department positions fails polygraph tests but Commissioner Charles Ramsey will retain them as a screening device even though they are not perfect, Deputy Police Commissioner Patricia Giorgio-Fox tells the Philadelphia Inquirer. The Inquirer wrote about the case of applicant Greg Thomas, an investigator for the city court system who failed two polygraph questions and was rejected for a police job.
Thomas was told he gave unbelievable denials to inquiries about whether he'd used, sold, or handled illegal drugs within the last five years and whether he'd committed a serious crime, caught or not. This year, Ramsey reinstated polygraph tests, which had not been used since 2002. Most big-city police departments use polygraphs for hiring, says George Maschke, a polygraph critic. New York City does not, nor do any departments in New Jersey. Maschke calls the tests "junk science," and says they measure anxiety, not deception. Nathan Gordon, director of the company that won the contract to test Philadelphia recruits, says his exams sort the perspiring from the lying. He says that industrywide, the tests are only 85 to 95 percent accurate.

Perry's Death Penalty Record Termed a "Closed Process"
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The Austin Chronicle takes a detailed look at Texas Gov. Rick Perry's record on capital punishment. Blocking legislation - directly or behind the scenes - is one facet of what criminal justice practitioners say is Perry's leadership style on the issue. "The cues to his leadership style are in the few moments where he executed a role that is unusual," says University of Texas Law Prof. Jordan Steiker, such as vetoing a bill that would have blocked executions of the mental retarded or in commuting one death sentence.
Otherwise, says Maurie Levin, a veteran death penalty attorney who, with Steiker, directs the university's Capital Punishment Clinic, it is hard to know much at all about Perry and his role in the clemency process - and that itself is disturbing. "Another hallmark of [Perry's] administration is the number of people executed ... and the way in which he has made this a completely closed process," Levin says. "Whereas under (George W.) Bush we were able to see" more clearly how decisions were made, she says, "Perry decided that was going to be a closed process."

DOJ Running 17 Law Enforcement Civil-Rights Probes: Most Ever
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The Obama administration is stepping up civil rights enforcement against local police nationwide, opening, investigations to determine whether officers are guilty of brutality or discrimination against minorities. the Washington Post reports. In recent months, the Justice Department has begun inquiries into major city police departments like Portland, Or., where officers shot several people who had mental health issues, and Seattle, where police were accused of gunning down a homeless Native American woodcarver. The department issued a scathing report this month accusing Puerto Rico police of a "staggering level of crime and corruption.''
Justice's Civil Rights Division is conducting 17 probes of police and sheriff departments - the largest number in its 54-year history. The investigations are civil, meaning they will not lead to criminal charges, but can result in court-enforced reforms. The effort has won praise from advocacy groups and experts on police brutality. "This is long overdue,'' said Deborah Vagins of the American Civil Liberties Union. "The Bush administration beyond dropped the ball. These are some of the most egregious situations, places where we have killings committed by officers.''

California School for Delinquents Closes, Only 3 Remain
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Last week, 23 inmates at California's Jack B. Clarke High School, within the locked gates of a state youth correctional facility, were the last graduates to receive diplomas at the school, which is closing at year's end due to state budget cuts, the Los Angeles Times reports. "This is the place where I learned I could change if I wanted to," said one graduate who has been in detention for 5 years after being convicted of assault with a deadly weapon.
It will be the third such facility to close since 2009. Shuttering the facility will save the state about $44 million annually. It is part of a continuing overhaul of California's juvenile justice system, which has seen the number of youths in state facilities decline to about 1,200 from more than 10,000 in the mid 1990s. Except for those who commit the most serious and violent crimes, youthful offenders are now housed in county facilities, closer to their families, which experts say aids their rehabilitation. Only three state juvenile justice facilities will remain.

UT Jail Loses Federal Detainees, Up to $1.6 Million Over Violations
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The Weber County, Ut., Jail faces a possible $1.6-million financial hit after losing the ability to house undocumented immigrants because staff failed to screen some new prisoners for tuberculosis, improperly viewed detainees naked during processing, and didn't check the jail's perimeter fence daily, among other problems, reports the Salt Lake Tribune. federal auditors found. The Tribune obtained the report through an open-records request.
The feds' decision already has cost the county some $378,000, based on claims of having a daily detainee population averaging 80. A second audit found a series of similar violations, though officials took issue with many of those findings. This audit hammered the jail for not providing tuberculosis tests to detainees and noted that, in eight out of 10 medical charts reviewed by auditors, initial health screenings weren't reviewed by staff. Auditors also dinged the jail for not having a chronic care program in place and said those who did have those chronic medical conditions weren't seen regularly.

Federal Crackdown On WA Medical Pot Outlets Causes 50 to Close
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The largest federal crackdown in the 13-year history of Washington state's medical-marijuana law has sent Spokane's once-open medical-marijuana businesses diving deep underground, reports the Seattle Times. Most of the 50-some dispensaries abruptly closed. Those that remain are mostly word-of-mouth secrets. Contrast that to Seattle, where the city's embrace of medical marijuana encourages a flourishing business for storefront dispensaries, bakers, growers, and lawyers. An unofficial count, based on Seattle business licenses and advertising websites, finds at least 75 storefront dispensaries open, and more appearing weekly.
Federal raids and indictments in Spokane, combined with a law muddled by Gov. Chris Gregoire's veto of a key bill earlier this year, leave a medical-marijuana law with two entirely different applications in different parts of the state. The two approaches by federal and state law enforcement may reflect divergent political priorities or workload, east and west. On both sides, the use of medical marijuana for suffering patients remains wildly popular; a December poll, commissioned by the ACLU of Washington, found four out of five voters in Eastern and Western Washington alike support it.

CA Lawmakers Send Brown Bill to Bar Open Gun Carrying
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California's legislature has sent Gov. Jerry Brown a bill to bar Californians from openly carrying firearms, legislation that could open a new front in the state's decades-old gun control debate, the Los Angeles Times reports. The measure, aimed at an increasingly popular tactic used by 2nd Amendment activists, would make California the first state since 1987 to outlaw the controversial practice of publicly displaying a weapon.
The governor - a gun owner - has not taken an official position on the bill. He has argued both sides of gun control issues in the past. Existing law allows the open carrying of unloaded firearms. The measure before Brown would thwart activists who stage "open carry" demonstrations and want, ultimately, the right to legally display loaded guns. Such aficionados drew national attention last year when they walked into Starbucks outlets in the Bay Area and elsewhere, pistols holstered on their hips. Open-carry proponents say that the practice is harmless and that California lawmakers are pursuing an agenda to disarm the public.

New York Times Calls Federal Gun Reciprocity Bill "Outrageous"
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The New York Times calls "outrageous" a proposal in the House to strip states of their authority to decide who may carry a concealed loaded firearm. Every state but Illinois makes some allowance for concealed weapons. The eligibility rules vary widely and each state decides whether to honor another state's permits. For example, 38 states prohibit people convicted of certain violent crimes like assault or sex crimes from carrying concealed guns. At least 36 states set a minimum age of 21; 35 states require gun safety training.
The proposed National Right-to-Carry Reciprocity Act of 2011 would shred those standards, creating a locked-and-loaded race to the bottom in which states with strict requirements, like New York, would be forced to allow people with permits from states with lax screening to carry hidden loaded guns. The bill already has more than 240 co-sponsors, all but guaranteeing House passage. The Senate, which defeated a similar bill two years ago, should do so again, the Times editorializes.

Muslims Assail FBI for Critical Counterterror Training
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Arab-American and Muslim groups have deplored the FBI's use of training material that characterized the prophet Muhammad as a "cult leader" and linked Muslims' religious devotion to a potential for violence, the New York Times reports. "It's really troubling," said Abed Ayoub of the American-Arab Anti-Discrimination Committee. Ayoub said the use of the material in counterterrorism training - first reported in a blog post on Wired.com - was only one of numerous cases in which training materials for law enforcement agencies have portrayed Islam or Arabs in a negative light. "The bigger question is how did this material get in there in the first place?" he said. "Do you not have rules or guidelines that will prevent this from happening?"
In a training segment, "Militancy Considerations," posted on Wired's Web site, a chart correlated a steady level of violence with "adherence by pious and devout" to the Koran. In contrast, the chart showed violence decreasing with "adherence by pious and devout" to the Bible or to the Torah. The FBI said the training material "does not reflect the views of the FBI and is not consistent with the overall instruction provided to FBI personnel."

Friday, September 16, 2011

16 Sept 2011

Longtime Abuse by "Rogue" Staffers Reported at L.A. Jail
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Rogue cultures that allow physical and mental abuse of inmates have been allowed to flourish for years inside Los Angeles's Men's Central Jail, says the LA Justice Report. Sources allege that Sheriff's Department officials at the highest levels have known since at least 2005 that there were serious problems with groups of deputies who operate inside the facility almost like street gangs, complete with distinguishing tattoos and handshakes.
A whistleblower who agreed to speak on the condition of anonymity says the problem of inmate abuse in L.A. County Jails, often led by such groups, has been ongoing for the better part of a decade. As far back as 2006, top-ranking Sheriff's Department officials ignored the advice of their on-the-ground commanding officer inside the central jail, who wanted to break up the deputy gangs he saw as a serious problem. And a multimillion-dollar plan to install cameras inside the facility was abandoned in the same year, 2006, despite widespread reports of abuse inside the jail.



High Court Blocks TX Execution in Case On Racial Testimony

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The U.S. Supreme Court has blocked the execution for Houston killer Duane Buck, at least for now, in a case that drew arguments that his punishment might have been tainted by racial testimony, the Houston Chronicle reports. The decision came about 7:30 p.m. last night, about 90 minutes after Buck was to have been executed. He was waiting in a holding cell next to the state's death chamber.
Texas Defender Service lawyers argued Buck's death sentence violated equal protection, due process, and 8th Amendment guarantees under the Constitution. Buck was sentenced to die for the 1995 shooting deaths of his former girlfriend, Debra Gardner and her friend, Kenneth Butler. The legal fight centered on a 2000 assertion by then-Texas Attorney General John Cornyn that Buck's case was among six capital trials that might have been tainted by racial testimony from psychologist Walter Quijano. Linda Geffen, who prosecuted Buck in his 1997 trial, joined in urging the Texas Board of Pardons and Paroles to commute the killer's death sentence to life in prison. That panel unanimously rejected the request this week.



Social Media Campaign Aims to Stop Troy Davis Execution in GA

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A social media campaign to stop the execution of Troy Davis in Georgia next week is drawing support from hundreds of thousands of people around the world, says USA Today. On Wednesday, a Georgia board was given petitions with more than 600,000 names protesting the planned lethal injection.
Celebrities, Nobel laureates, and national leaders have joined the NAACP, Amnesty International, and the grass-roots group Change.org to urge clemency for Davis. He was convicted of the 1989 shooting death of Savannah police officer Mark McPhail. His supporters say he is innocent, noting that 10 witnesses in the case have signed affidavits recanting their testimony and indicating that police coerced them into implicating Davis. Nine people have signed affidavits implicating another man. In 2009, the U.S. Supreme Court granted Davis a hearing to prove his innocence, the first time it had done so for a death row inmate in at least 50 years. A judge later denied him a new trial.



Lawsuit Stops FL Enforcement on Flashing Lights to Warn of Cops

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The Florida Highway Patrol has temporarily stopped writing tickets to motorists who flash their headlights to warn other drivers about speed traps. So has the Seminole County, Fl., Sheriff's Office. The Orange County Sheriff's Office has gone even further, says the Orlando Sentinel: Its lawyer has told deputies to stop writing them, period, because it's not against the law.
Those changes have come in the past three weeks, since a tiny law firm filed a pair of lawsuits, accusing any Florida cop who writes those tickets of violating a driver's constitutional right to free speech. "I consider that a tremendous success," said Erich Campbell, 38, a Tampa-area man who's lead plaintiff in a suit filed Aug. 24.



Terror Suspect's Words Admissible Without Miranda Warning

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A Detroit federal judge's decision yesterday to let prosecutors use a terrorism suspect's incriminating statements -- even though he wasn't read his rights -- has triggered a legal debate, says the Detroit Free Press. Some say it was the right call, because agents needed to find out quickly whether other suicide bombers were in the air. Others say the ruling sets a dangerous precedent that could open the door to coerced confessions.
The case involves Umar Farouk Abdulmutallab, 24, who goes on trial Oct. 11 on charges that he tried to blow up a Detroit-bound airliner on Christmas Day 2009 with a bomb hidden in his underwear. U.S. District Judge Nancy Edmunds ruled admissible Abdulmutallab's statement, which he sought to have suppressed. "This is a slippery slope," Andrew Patel, a New York City defense attorney, said of the FBI agents' decision to question a suspect without reading him his rights. Patel, who has represented terrorism suspects, said he fears Miranda rights could eventually be ignored in run-of-the-mill cases. "Where do we stop? Where's the line in the sand? How about the drunk driver?" he said, arguing that the decision could give police too much leeway in deciding what constitutes an emergency.



Texas County Says 75% of Summoned Jurors Fail to Show Up

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Midland County, TX., Sheriff Gary Painter is shocked and dismayed to hear jury duty has fallen to the wayside, reports KOSA CBS7 in Odessa. This week, of 750 summonses sent out, only 149 people appeared. "75 percent of people fail to show up for jury duty, that is a constitutional right," said Painter. District Attorney Teresa Clingman said, "This is the worst problem with jurors not showing up for jury summons that I have ever seen in 25 years." When left with not enough jurors to chose from, trials may have to be delayed, and it can cost the county $4,000 a case. This month a trial for sexual assault of a child had to be pushed back. "Emotionally that really impacts the victims, to not be able to start on the day that they really thought they were going to get this behind them," Clingman said. Painter says he now will send deputies to fetch every potential juror, "go to their place of business, we'll snatch them up and we'll go to court."
When left with not enough jurors to chose from, trials may have to be delayed, and it can cost the county $4,000 a case. This month a trial for sexual assault of a child had to be pushed back. "Emotionally that really impacts the victims, to not be able to start on the day that they really thought they were going to get this behind them," Clingman said. Painter says he now will send deputies to fetch every potential juror, "go to their place of business, we'll snatch them up and we'll go to court.



NYC Police Official Suggests 15-Summons-Per-Month Quota

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The ongoing ticket-writing slowdown by fed-up New York City cops has become so costly to the city that a top police commander seems to have resorted to using a dreaded word in policing: quota, reports the New York Daily News. The police department's chief of transportation asked a commander at a recent meeting if his cops had written 15 summonses for the month. Police brass deny imposing quotas on the ranks, preferring to call them "productivity goals." sources said.
The 15-summonses-a-month questioning came at a meeting late last month during which he asked commanders to come up with ideas on how to hike the numbers. With a ticket-fixing scandal looming over the department, the slowdown is a reaction among the rank and file to the bosses' efforts to ensure that all tickets are on the up and up. The Internal Affairs Bureau is closely examining tickets for accuracy, fining cops 10 vacation days if problems arise with a summons. The penalty was later reduced and a sliding scale instituted - but the summons numbers are still in the subbasement, with brass desperate to stop it. Summonses for moving violations, such as for running red lights, cell phone use, and not wearing a seat belt, plummeted 44 percent citywide for the week ending Sept. 11 compared with last year.



Sacramento Sees Crime Drop In Patrolling Hot Spots

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Working with criminologists from George Mason University, a team led by Sacramento Police Sgt. Renée Mitchell identified 42 "hot spots," or street corners that attracted the highest percentages of violent crime in California's second most violent city, reports The Atlantic Cities. In a 90-day study between February and May this year, officers were assigned to visit a randomized rotation of three or four of these hot spots for 12 to 16 minutes apiece during shifts.
That meant police would inhabit Sacramento's most dangerous corners about every two hours. The officers were told to be "highly visible" during these visits-to step outside patrol cars, to talk with people. This was a change, focusing on places to target rather than specific crimes, and relied on data rather than police instinct. The results, Mitchell says, were striking. "Part I" crimes-which include violent offenses such as murder, rape and robbery, as well as property crimes such as burglary and vehicle theft-decreased by 25 percent in these hotspots. Calls for service decreased by nearly 8 percent. These successes cost the city only $75,000.



U.S. Now Has All 7 Central American Nations On Drug Watch List

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The U.S. has added tiny El Salvador and Belize to its list of drug producing and transit countries, placing for the first time all seven Central American nations on the list in a sign of how awash in illegal narcotics the region has become, McClatchy Newspapers report. President Obama condemned Venezuela and Bolivia for having "failed demonstrably during the previous 12 months to make substantial efforts" in combating narcotics. Burma also was declared a failure.
Of the 22 countries on the list, only five are not in the Western Hemisphere: Afghanistan, Pakistan, India, Burma, and Laos. Bolivia is one of the major producers of cocaine, while Venezuela is increasingly being used as a transshipment point for drugs that are on their way to Central America and northward to the United States. Leaders of those two nations are both highly critical of Washington. Obama said Afghanistan remains the world's top grower of opium poppy, used for making heroin, but reported that poppy cultivation had fallen by a third in Helmand Province because of an incentive program for farmers and increased law enforcement action.



Last Crown Vic Leaves Assembly Line; 3 Firms Market Police Cars

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The last Ford Crown Victoria rolled off a Canadian assembly line yesterday, marking the end of the big, heavy Ford cars that have been popular with taxi fleets and police departments for decades, reports CNN Money. Demand for better fuel economy and performance has choked off sales over the years. The Crown Victoria and Town Car get just 24 miles per gallon on the highway, a figure matched by some large three-row SUVs today.
Ford has started producing the specially designed Taurus Police Interceptor to replace the Crown Victoria that had been America's most popular police car. Seeing an opportunity, Chrysler Group and General Motors are also aggressively marketing their own police car options.



How Some Health Care Providers Help Poor People, Defraud U.S.

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As the Obama administration cranked up efforts this week to find and eliminate billions of dollars in faulty Medicare and Medicaid payments, a review of court cases shows that Tennessee has been home to several fraud schemes , The Tennessean reports. Some cases involve clearly egregious behavior. A typical example is a person who jumps from location to location, steals doctors' provider identification numbers and bills the federal health programs for services that are never provided. Other times, prosecutions involve seemingly well-intentioned people who make bad, and illegal, decisions.
Glenesha Bowling-Moye and Tabitha Jones were sentenced to 18 and 12 months imprisonment, respectively, on federal health-care fraud and money-laundering charges. They had pleaded guilty to conspiring to defraud Medicare and TennCare of $1.1 million. The two started a business called EBC Healthcare in 2006. The business provided much-needed services to the elderly in some of Nashville's poorest neighborhoods, from cleaning houses to driving people to medical appointments and Walmart. The problem: They billed Medicare and TennCare for psychotherapy sessions and nurse practitioner home visits but were not providing those professional services. "The key is Medicare doesn't pay for (cleaning and running errands), period," said one investigator.



Longtime Cincinnati Sheriff Leis To Retire; Prosecuted Flynt

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Cincinnati's Hamilton County Sheriff Simon Leis will end his long and sometimes controversial career next year, when he steps down after a quarter century as the county's chief law enforcement officer, reports the Cincinnati Enquirer. Leis, 77, will not run for re-election next year to the job he has held since 1987. Leis had drawn attention all over the country, from his prosecution of Larry Flynt on pornography charges in the 1970s to his shutting down, temporarily, an exhibit of controversial photographs by Robert Mapplethorpe that Leis believed were pornographic.
He has been county prosecutor (1971 to 1982), a common pleas court judge and was appointed sheriff in 1987, winning re-election every four years with little or no opposition. Sean Donovan, Leis' chief deputy since 1997, plans for run for sheriff in 2012. Yesterday, Leis said would have to close three floors of the Hamilton County Justice Center's 10 floors if he has to cut $7.9 million from his budget - 18 percent of the county's 1,240 beds. Through much of his career - as prosecutor, judge and sheriff - Leis was a major force in the Hamilton County Republican Party, a political kingmaker.

Tuesday, September 13, 2011

13 Sept 2011




California To Free Thousands of Female Inmates With Children
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Drastically redefining incarceration in California, prison officials are about to start releasing thousands of female inmates who have children to serve the remainder of their sentences at home, reports the Los Angeles Times. The move, which could affect nearly half the women held in state facilities, will help California meet a court-imposed deadline to make space in its chronically overcrowded prisons. The policy could be extended to male inmates in the near future.
Mothers who were convicted of non-serious, non-sexual crimes - and have two years or less remaining on their sentences - could start going home as early as next week, prisons spokeswoman Dana Toyama said. The women would be required to wear GPS-enabled ankle bracelets and report to parole officers. The program is "a step in breaking the intergenerational cycle of incarceration," state prisons Secretary Matthew Cate said, arguing that "family involvement is one of the biggest indicators of an inmate's rehabilitation." Skeptics abound, including prosecutors and crime victims' advocates who opposed the idea as it worked its way through the Legislature last year. "If they were such great mothers to begin with, they never would have committed the heinous crime that got them sent to state prison," said Harriet Salarno, founder of Sacramento-based Crime Victims United. In many cases, the children might be better off in foster care, she said.

California Medicaid Reform Expected To Help Ex-Offenders
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California has embarked on an ambitious expansion of its Medicaid program, three years ahead of the federal expansion that the health law requires in 2014. At least half a million people are expected to gain coverage - mostly poor adults who never qualified under the old rules because they didn't have kids at home, says NPR. Among those who stand to benefit are ex-offenders. Inmates often leave California prisons with no consistent place to get medical care. But that's changing.
Many of those getting out of prison and other poor adults in California are being enrolled in a Medicaid-like program where they will be covered for preventive care, prescription drugs, specialty visits, and mental health and substance abuse - pervasive problems that when left untreated, researchers say, can lead offenders right back to prison or jail. Alex Briscoe runs the public health department in Alameda County, home to more than 1.5 million people, including an enormous ex-offender population. "Historically, services for this population are fragmented and tend to be episodic," Briscoe says. "And what we're trying to do is prepare for health reform by assigning all consumers in our system, all clients in our system, to a medical home." Those preparations are important as California begins to comply with a court order to reduce its prison population.

CT Projects Inmate Decline but Total of Unsentenced Inmates Rises
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Although Connecticut Gov. Dannel Malloy is counting on a continuing decline in the state's prison population--having closed two institutions in the past four months, laid off 21 front-line correction supervisors, and planning to close another facility soon--one group of inmates is bucking the trend. Numbers of accused but unsentenced inmates have risen each of the past three months, climbing almost 8 percent since May and reaching 3,632 in August, reports the Connecticut Mirror.
Former state Rep. Michael Lawlor, who heads the state criminal justice planning and policy division, attributed the surge to a seasonal trend. While Lawlor acknowledged this is one of the most volatile components of the inmate population, the rising unsentenced number hasn't prevented overall prisoner levels from declining from last year's totals. State corrections department spokesman Brian Garnett attributed the rise to "increased police activity, to increased criminal activity" during the summer. The Correction Department has a $695.2 million budget for this fiscal year, virtually unchanged from the $693.4 million the agency spent in 2010-11. The August inmate population of 17,666 fell 144 inmates, or 0.8 percent, below the forecast issued by the criminal justice division last February. That projection also calls for inmate levels to reach 17,375 by January.

Life Without Parole Sentences Overused, Should be Cut: NY Times
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The Supreme Court ruled last year that it is cruel and unusual punishment to sentence a juvenile to life without parole when the crime is short of homicide. The sentence is no less severe when applied to adults, the New York Times says in an editorial. Yet life without parole is routinely used. From 1992 to 2008, the number in prison for life without parole tripled to 41,095, an increase much greater than the percentage rise in those serving life sentences.
The American Law Institute, a group of judges, lawyers, and legal scholars, has called for restricting the use of the penalty to cases "when this sanction is the sole alternative to a death sentence." The racial disparity in the penalty is stark. Blacks make up 56.4 percent of those serving life without parole, though they are 37.5 percent of prisoners in state prisons. The law institute notes that an "ordinary" life sentence is "a punishment of tremendous magnitude" whose "true gravity should not be undervalued." In the past 20 years, the average life term served has grown from 21 years to 29 years before parole. The newspaper concludes that, "A fair-minded society should revisit life sentences and decide whether an offender deserves to remain in prison or be released on parole. And a fair-minded society should not sentence anyone to life without parole except as an alternative to the death penalty."

Webb Still Pushes Criminal Justice Study Commission Idea
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U.S. Sen. Jim Webb (D-Va.) is still working to create a national commission to study criminal justice system problems, Newsweek reports. "Time may be on Webb's side," says the magazine, noting increasing conservative support for the cause. Republicans have begun to realize that prison spending, the the fastest-growing state budget item behind Medicaid, was ripe for a trim. Influential GOP governors such as Bobby Jindal of Louisiana and Mitch Daniels of Indiana are working to reduce recidivism, soften sentences, and save money in their home states, while Right on Crime, backed by Newt Gingrich, Jeb Bush, and Grover Norquist, is championing reform on the national stage. "People who would've been skeptical have gotten on board," says Webb, noting that he has convinced Republican Sens. Lindsey Graham, Jeff Sessions, and Orrin Hatch to support his bill.
Webb believes he has "two thirds" of the Senate on his side, and that his only remaining roadblock is "getting the bill to the floor." His plan has earned the backing of 39 cosponsors and more than 100 outside organizations, including the National Sheriffs Association, and President Obama has been "supportive." (In February they "discussed doing it as a presidential commission" should the bill fail.) Newsweek doesn't discuss the House, which passed the commission measure once but that was before Republicans took control. Webb is not seeking reelection in 2012.

Justice's O'Donnell Vows Federal Aid Focus on Evidence-Based Projects
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The U.S. Justice Department should be able to provide states and localities considerable aid for innovative anticrime programs during the nation's economic downturn, but there will be less of it, says Denise O'Donnell, President Obama's new director of the Bureau of Justice Assistance. Speaking to criminal justice group representatives yesterday in Washington, D.C., O'Donnell said she is "happy to accept" the challenge of funding criminal justice improvements that are based on scientific evidence. O'Donnell is a former prosecutor and New York State justice official who also has a social work degree and said she "brings a social-service orientation" to her job. O'Donnell stressed using grant dollars to test promising approaches rather than simply sustaining worthy programs.
Among priorities she cited were grants in the second major year of funding for the federal Second Chance Act, which helps prisoner re-entry programs--what O'Donnell called a "missing piece in the criminal justice agenda" until recent years. She called the shortfall in government funds overall an opportunity to move away from the reliance on incarceration as a way to bring down crime rates. An example of what federal funding cutbacks may mean to localities is Project Safe Neighborhoods, which formerly provided funds to all of the 94 U.S. Attorney's offices to run anticrime programs in conjunction with local authorities. Under current funding, there will be only 8 to 10 such projects, O'Donnell said, but she vowed that they would be "much more effective" than some previous efforts.

FBI Agents to Work Full Time on New Orleans Police Internal Affairs Unit
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For the first time in six years, the FBI will have two agents working full time within the New Orleans Police Department's internal affairs unit to ferret out corruption and investigate possible civil rights violations on the part of city police officers, reports the New Orleans Times-Picayune. Federal and local public safety officials, who announced the move yesterday, called it another step toward reforming the city's troubled police force.
"It's the right thing to do at the right time," said David Welker, agent in charge of the FBI's New Orleans division, He said the move did not signify a takeover of the Public Integrity Bureau. "This relationship is not designed to make the FBI the NOPD's Big Brother," he said. Police Superintendent Ronal Serpas portrayed the arrangement as an important partnership that will better the New Orleans police department. He said that his department requested the FBI's presence. "These two agents will work closely with us on systems of corruption, on civil rights investigations and to help in our in-service training programs," Serpas said.

Miami Panel Votes 3-2 to Fire Chief Exposito Over Demotions
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Miami Police Chief Miguel Exposito, who fought the mayor for more than a year and tried to keep his job in a hearing that stretched over three days, was fired yesterday, reports the Miami Herald. A sharply divided City Commission called for charter changes and cast a shadow over the future of City Manager Johnny Martinez.
After more than four hours of heated debate, commissioners voted 3-2 to uphold a decision by Martinez, who suspended Exposito last week for insubordination. The hearing was prompted when Martinez suspended Exposito for disobeying an order not to demote three high-ranking police officers. The chief chose to reassign and strip the officers of their authority - though not their rank and pay - anyway. The manager also suspended the chief for not completing a plan to cut down on skyrocketing overtime. That argument fell short with four of the five commissioners, who instead cited the demotions as justification to fire the chief.

Police Agencies Cite Need for Training on Juvenile Justice Issues
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The need for training on juvenile justice issues is great at a time when funding for training is declining in many areas, says a Juvenile Justice Training Needs Assessment Survey of 404 law enforcement agencies from the International Association of Chiefs of Police and reported by Youth Today. About one-third of the surveyed departments said they do not have an assigned staff in charge of juvenile operations, while 25 percent have a centralized juvenile unit.
Twenty-two percent of agencies have at least one officer assigned to youth services, and 16 percent have multiple officers assigned to youth issues, but these officers do not make up a centralized unit. Agencies identified eight issues concerning juvenile crime to be most pressing: substance abuse, physical, sexual and emotional abuse, juvenile repeat offenders, bullying and cyberbullying, gangs, internet crimes involving youth, runaways, and school safety. The IACP runs a Juvenile Justice Law Enforcement Training and Technical Assistance Project, which trains law enforcement officials and juvenile justice professionals in dealing with youth issues.

More Families Suing Schools for Ignoring Bullying Incidents
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A growing number of civil lawsuits are being filed against schools for allegedly ignoring bullying, reports USA Today. Francisco Negron, general counsel for the National School Boards Association, says, "anecdotal evidence shows an obvious increase." The lawsuits are increasing for several reasons, including increased awareness, new standards, and more experts in the legal community, says David Finkelhor of the University of New Hampshire's Crimes Against Children Research Center. "People are more likely to know about bullying and feel that they have to report it," he says.
Attorney Martin Cirkielsays he has processed 60 to 70 cases about bullying in the past two years. "Every single parent comes to us for the same reason," he says. "They want to make sure what happened to their child doesn't happen to someone else." Jacquelyn Goss of the Point Pleasant Borough School District in New Jersey, where one of the nation's toughest bully laws went into effect Sept. 1, says the lawsuits are detrimental to education. "School funding is in crisis, and if you are spending any of your discretionary money on lawsuits, that's money that isn't going into education," she says.

Ex-IACP President James Damos Dies; Chief Had No Police Experience
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Jim Damos had never even been a police officer when the St. Louis suburb of University City asked him to become police chief in 1961. Damos, who rose to become president of the International Association of Chiefs of Police, died Saturday at 91, the St. Louis Post-Dispatch reports. He helped found the Major Case Squad of Greater St. Louis and became its first chairman. He was University City's police chief for 28 years. Speaking of his IACP leadership, he said, "I guess I'm about the first president that didn't start out riding a patrol car."
Damos was working in his family's movie theater business when then-City Manager Charles Henry named him chief. Damos had what the city manager said the police department needed: management skills. He was a businessman who had served on the city's personnel board and had helped manage the police department's then large force of auxiliary officers. He also was the department's only college graduate. Damos immediately set about getting training for his force, then at 51 officers. He helped persuade the legislature to require training for all Missouri police officers. Mearl Justus, sheriff in St. Clair County, Il., now heads the squad's board of directors. On Damos never having been a police officer, Justus, who has been a police officer, police chief, and sheriff, said: "It's just like being the CEO of a giant company. You don't have to know how to make boxcars. You take care of the business end. And we're in a business - providing a service to communities."

A Penalty for a Parking Ticket You Didn't Get? It's Hardbacking
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Ever been asked to pay a penalty on a parking ticket you never got in the first place? It happens all the time in Philadelphia, a phenomenon Philadelphia Daily News columnist Ronnie Polaneczky says is called "hardbacking." When a parking-enforcement officer logs an infraction into a handheld computer, the device generates a paper - or "hard" - copy of the violation, to be placed on the windshield. In some cases, the officer destroys the hard copy, leaving the car owner ignorant until a notice is mailed weeks later.
Why would the officer do such a thing? It could be that he doesn't want a confrontation with a driver who looks like a troublemaker. Or a nasty citizen trash-talked him, so he hardbacked a ticket as passive-aggressive payback. Or he may have realized, after writing a ticket, that it wasn't legit (e.g., he misread a kiosk receipt) but didn't rescind it, since rescinding requires supervisor notification. So he hardbacked it to avoid a reprimand. Or to beef up his ticket count. Officers scoff at the notion that there are no quotas for ticket-writers. "They never use the word 'quota,' but the supervisors tell you what your beat is 'expected to produce' " in numbers of violations, explains a former city worker. "It's the same thing."