DUI checkpoints Indiana: DUI checkpoints to increase during New Year's weekend - fox59.com
"Marion County Traffic Safety Partnership and the Indiana DUI Task Force will patrol the streets this New Year’s weekend, keeping an eye out for drunk drivers.
Members from Indiana’s 35 DUI Task Forces will conduct sobriety checkpoints and DUI roving patrols across the state through New Year’s Day.
The Indiana Criminal Justice Institute’s Traffic Safety Division said a total of 135 people have died in Indiana as a result of an impaired driver in 2010. Additionally, the institute stated there were 50 alcohol-related collisions in Indiana during the Christmas and New Year’s holiday period.
“Impaired driving is a serious and deadly crime,” said Indiana Criminal Justice Institute (ICJI) Traffic Safety Division Director, Ryan Klitzsch, in a press release “It’s also 100 percent preventable.”
According to the institute’s research, nearly 25 percent of Indiana’s fatal collisions in 2010 were alcohol-related."
Friday, December 30, 2011
Thursday, December 29, 2011
City sees drop in murder rate, but not in South Side’s Englewood - Chicago Sun-Times
City sees drop in murder rate, but not in South Side’s Englewood - Chicago Sun-Times
"If you look at Englewood, you might think violence is spiraling out of control in Chicago.
Week after week, the South Side neighborhood has been ground zero for harrowing crimes like Tuesday’s mass shooting at a fast-food restaurant that left two dead and five wounded. This year, 56 people were killed in Englewood through Tuesday — a 40 percent increase over the same period in 2010.
Citywide, though, murder was down more than 2 percent this year, and overall crime dropped 8 percent.
“If you live in a very dangerous neighborhood, you’re still seeing a lot of crime,” said Arthur Lurigio, a criminal justice professor and associate dean at Loyola University. “But the truth is that we’re safer now than we were 40 years ago.”
Chicago’s crime rates are at their lowest in decades. There were more than 800 murders in Chicago in 1970, compared to 419 this year through Tuesday and 437 through all of 2010.
Other big cities like New York and Los Angeles have seen even more dramatic reductions in crime. New York’s murder rate is a third of Chicago’s, and Los Angeles’ murder rate is about half of ours.
“The goal is zero,” police Supt. Garry McCarthy said. “When I stop hearing about kids getting killed, when I stop hearing about kids getting shot, then maybe I’ll be satisfied.”
McCarthy said he is not happy with this year’s murder totals but believes the department is responding to new strategies he put into place since he took office in May.
Of nine categories of major crimes, the only ones to increase this year were aggravated sexual assault and motor vehicle theft, McCarthy said. They both rose slightly, he said.
“We brought a new playbook,” he said. “It takes some time.”
Over the past seven months, McCarthy has carried out Mayor Rahm Emanuel’s campaign promise to shift about 1,000 officers to the patrol division. They were moved to the city’s 25 districts from desk jobs and citywide crime-fighting units that McCarthy has disbanded.
The Fraternal Order of Police called the redeployment a “shell game,” saying the city should hire more officers instead of shifting them from one unit to another.
McCarthy said a key to his crime-fighting philosophy is giving district commanders more autonomy. They are held accountable through a process called CompStat, which was started in New York in the 1990s.
Under CompStat, the department provides commanders with a regular stream of crime statistics and expects them to adjust their strategies accordingly. They must explain their decisions to McCarthy and other police brass at weekly CompStat meetings."
"If you look at Englewood, you might think violence is spiraling out of control in Chicago.
Week after week, the South Side neighborhood has been ground zero for harrowing crimes like Tuesday’s mass shooting at a fast-food restaurant that left two dead and five wounded. This year, 56 people were killed in Englewood through Tuesday — a 40 percent increase over the same period in 2010.
Citywide, though, murder was down more than 2 percent this year, and overall crime dropped 8 percent.
“If you live in a very dangerous neighborhood, you’re still seeing a lot of crime,” said Arthur Lurigio, a criminal justice professor and associate dean at Loyola University. “But the truth is that we’re safer now than we were 40 years ago.”
Chicago’s crime rates are at their lowest in decades. There were more than 800 murders in Chicago in 1970, compared to 419 this year through Tuesday and 437 through all of 2010.
Other big cities like New York and Los Angeles have seen even more dramatic reductions in crime. New York’s murder rate is a third of Chicago’s, and Los Angeles’ murder rate is about half of ours.
“The goal is zero,” police Supt. Garry McCarthy said. “When I stop hearing about kids getting killed, when I stop hearing about kids getting shot, then maybe I’ll be satisfied.”
McCarthy said he is not happy with this year’s murder totals but believes the department is responding to new strategies he put into place since he took office in May.
Of nine categories of major crimes, the only ones to increase this year were aggravated sexual assault and motor vehicle theft, McCarthy said. They both rose slightly, he said.
“We brought a new playbook,” he said. “It takes some time.”
Over the past seven months, McCarthy has carried out Mayor Rahm Emanuel’s campaign promise to shift about 1,000 officers to the patrol division. They were moved to the city’s 25 districts from desk jobs and citywide crime-fighting units that McCarthy has disbanded.
The Fraternal Order of Police called the redeployment a “shell game,” saying the city should hire more officers instead of shifting them from one unit to another.
McCarthy said a key to his crime-fighting philosophy is giving district commanders more autonomy. They are held accountable through a process called CompStat, which was started in New York in the 1990s.
Under CompStat, the department provides commanders with a regular stream of crime statistics and expects them to adjust their strategies accordingly. They must explain their decisions to McCarthy and other police brass at weekly CompStat meetings."
Wednesday, December 28, 2011
Wrongful jailings prompt L.A. County sheriff to create task force - latimes.com
Wrongful jailings prompt L.A. County sheriff to create task force - latimes.com
"Los Angeles County Sheriff Lee Baca said Tuesday that he will create a task force to minimize the wrongful jailings of people mistaken for someone else.
Baca's move came in response to a Times investigation that found hundreds of people have been wrongly imprisoned in recent years, with some spending weeks behind bars before authorities realized their true identities.
"It's a horrible reality of what is basically the imperfect nature of the criminal justice system," Baca said in an interview. "No one who is an innocent person should ever be tied in with the criminal justice system....There's a difference between saying 'I plead not guilty.' It's another thing to say to anybody 'I'm not that person.'"
Baca said his task force to minimize the problem will probably be headed up by his detectives chief, a patrol commander and a jail captain.
The wrongful incarcerations occurred more than 1,480 times in the last five years. Many of those mistakenly held inside the county's lockups had the same names as suspects or had their identities stolen.
L.A. County Supervisor Mark Ridley-Thomas called the jailings "a travesty of justice" and another blow to the sheriff's jails, which are under federal investigation over allegations of inmate abuse and other deputy misconduct.
This "further erodes confidence in the County jail system — just as we are struggling to restore public confidence," he said in a statement. "It's not enough to say that accidents happen."
The Times found that the jailings occur because of breakdowns not just by jail officials but by police who arrest the wrong people and by the courts, which have issued warrants that did not precisely identify the right suspects.
Because multiple jurisdictions are involved, Baca said his task force would present its recommendations to other local police agencies, with the hope that they too would adopt the reforms."
"Los Angeles County Sheriff Lee Baca said Tuesday that he will create a task force to minimize the wrongful jailings of people mistaken for someone else.
Baca's move came in response to a Times investigation that found hundreds of people have been wrongly imprisoned in recent years, with some spending weeks behind bars before authorities realized their true identities.
"It's a horrible reality of what is basically the imperfect nature of the criminal justice system," Baca said in an interview. "No one who is an innocent person should ever be tied in with the criminal justice system....There's a difference between saying 'I plead not guilty.' It's another thing to say to anybody 'I'm not that person.'"
Baca said his task force to minimize the problem will probably be headed up by his detectives chief, a patrol commander and a jail captain.
The wrongful incarcerations occurred more than 1,480 times in the last five years. Many of those mistakenly held inside the county's lockups had the same names as suspects or had their identities stolen.
L.A. County Supervisor Mark Ridley-Thomas called the jailings "a travesty of justice" and another blow to the sheriff's jails, which are under federal investigation over allegations of inmate abuse and other deputy misconduct.
This "further erodes confidence in the County jail system — just as we are struggling to restore public confidence," he said in a statement. "It's not enough to say that accidents happen."
The Times found that the jailings occur because of breakdowns not just by jail officials but by police who arrest the wrong people and by the courts, which have issued warrants that did not precisely identify the right suspects.
Because multiple jurisdictions are involved, Baca said his task force would present its recommendations to other local police agencies, with the hope that they too would adopt the reforms."
Tuesday, December 27, 2011
Ken Clarke: We'll end compensation for injured criminals | Mail Online
Ken Clarke: We'll end compensation for injured criminals | Mail Online
"Convicted criminals will be banned from claiming compensation for their injuries under plans to be unveiled next month.
Justice Secretary Ken Clarke will announce plans to ensure the money goes to victims of crime rather than criminals.
Every year criminals claim around £5million from the Criminal Injuries Compensation Authority.
It has given rise to controversial claims in which burglars have demanded money for injuries sustained when escaping the scene of the crime.
Thousands is also paid out every year to criminals who sustain injuries in prison as a result of feuds and drug-fuelled violence.
Soham murderer Ian Huntley is trying to claim £15,000 from CICA as a result of injuries sustained in prison from having his throat slit – in addition to a much higher sum in civil damages.
In total, 340 inmates made successful claims for injuries resulting in payouts and costs of £3.1million last year. More than 3,000 prisoners made claims.
Official figures show that three prisoners got payouts of more than £100,000 while one inmate received £500,000.
Another £2million was claimed by convicted criminals who are not jailed.
Most of the payouts for jailbirds are for injuries caused by trips, falls or slips as well as accidents while playing sport.
Ministers decided to step in because the Criminal Injuries Fund is chronically short of cash."
Read more: http://www.dailymail.co.uk/news/article-2078854/Ken-Clarke-Well-end-compensation-injured-criminals.html#ixzz1hl1fvzh7
"Convicted criminals will be banned from claiming compensation for their injuries under plans to be unveiled next month.
Justice Secretary Ken Clarke will announce plans to ensure the money goes to victims of crime rather than criminals.
Every year criminals claim around £5million from the Criminal Injuries Compensation Authority.
It has given rise to controversial claims in which burglars have demanded money for injuries sustained when escaping the scene of the crime.
Thousands is also paid out every year to criminals who sustain injuries in prison as a result of feuds and drug-fuelled violence.
Soham murderer Ian Huntley is trying to claim £15,000 from CICA as a result of injuries sustained in prison from having his throat slit – in addition to a much higher sum in civil damages.
In total, 340 inmates made successful claims for injuries resulting in payouts and costs of £3.1million last year. More than 3,000 prisoners made claims.
Official figures show that three prisoners got payouts of more than £100,000 while one inmate received £500,000.
Another £2million was claimed by convicted criminals who are not jailed.
Most of the payouts for jailbirds are for injuries caused by trips, falls or slips as well as accidents while playing sport.
Ministers decided to step in because the Criminal Injuries Fund is chronically short of cash."
Read more: http://www.dailymail.co.uk/news/article-2078854/Ken-Clarke-Well-end-compensation-injured-criminals.html#ixzz1hl1fvzh7
Wednesday, December 21, 2011
Gone Without a Case: Suspicious Elder Deaths Rarely Investigated - ProPublica
Gone Without a Case: Suspicious Elder Deaths Rarely Investigated - ProPublica
"Nothing, it seemed, was unusual about Joseph Shepter's death.
A retired U.S. government scientist, Shepter spent his final two years dwelling in a nursing home in Mountain Mesa, Calif., a small town northeast of Bakersfield. A stroke had paralyzed much of his body, while dementia had eroded his ability to communicate.
He died in January 2007 at age 76. On Shepter's death certificate, Dr. Hoshang Pormir, the nursing home's chief medical officer, explained that the cause was heart failure brought on by clogged arteries.
Shepter's family had no reason to doubt it. The local coroner never looked into the death. Shepter's body was interred in a local cemetery.
But a tip from a nursing-home staffer would later prompt state officials to re-examine the case and reach a very different conclusion.
When investigators reviewed Shepter's medical records, they determined that he had actually died of a combination of ailments often related to poor care, including an infected ulcer, pneumonia, dehydration and sepsis.
Investigators also concluded that Shepter's demise was hastened by the inappropriate administration of powerful antipsychotic drugs, which can have potentially lethal side effects for seniors.
Prosecutors in 2009 charged Pormir and two former colleagues with killing Shepter and two other elderly residents. They've pleaded not guilty. The criminal case is ongoing.
Health-care regulators have already taken action, severely restricting the doctor's medical license. The federal government has fined the home nearly $150,000.
Shepter's story illustrates a problem that extends far beyond a single California nursing home. ProPublica and PBS "Frontline" have identified more than three-dozen cases in which the alleged neglect, abuse or even murder of seniors eluded authorities. But for the intervention of whistleblowers, concerned relatives and others, the truth about these deaths might never have come to light.
For more than a year, ProPublica, in concert with other news organizations, has scrutinized the nation's coroner and medical examiner offices [1], which are responsible for probing sudden and unusual fatalities. We found that these agencies -- hampered by chronic underfunding, a shortage of trained doctors and a lack of national standards -- have sometimes helped to send innocent people to prison and allowed killers to walk free.
When it comes to the elderly, the system errs by omission. If a senior like Shepter dies under suspicious circumstances, there's no guarantee anyone will ever investigate. Catherine Hawes, a Texas A&M health-policy researcher who has studied elder abuse for the U.S. Department of Justice, described the issue as "a hidden national scandal."
Because of gaps in government data, it's impossible to say how many suspicious cases have been written off as natural fatalities. However, the limited evidence available points to a significant problem: When investigators in one jurisdiction comprehensively reviewed deaths of older people, they discovered scores of cases in which elders suffered mistreatment.
An array of systemic flaws has led to case after case being overlooked:
When treating physicians report that a death is natural, coroners and medical examiners almost never investigate. But doctors often get it wrong. In one 2008 study, nearly half the doctors surveyed failed to identify the correct cause of death for an elderly patient with a brain injury caused by a fall.
In most states, doctors can fill out a death certificate without ever seeing the body. That explains how a Pennsylvania physician said her 83-year-old patient had died of natural causes when, in fact, he'd been beaten to death by an aide. The doctor never saw the 16-inch bruise that covered the man's left side.
Autopsies of seniors have become increasingly rare even as the population age 65 or older has grown. Between 1972 and 2007, a government analysis [2] found, the share of U.S. autopsies performed on seniors dropped from 37 percent to 17 percent."
"Nothing, it seemed, was unusual about Joseph Shepter's death.
A retired U.S. government scientist, Shepter spent his final two years dwelling in a nursing home in Mountain Mesa, Calif., a small town northeast of Bakersfield. A stroke had paralyzed much of his body, while dementia had eroded his ability to communicate.
He died in January 2007 at age 76. On Shepter's death certificate, Dr. Hoshang Pormir, the nursing home's chief medical officer, explained that the cause was heart failure brought on by clogged arteries.
Shepter's family had no reason to doubt it. The local coroner never looked into the death. Shepter's body was interred in a local cemetery.
But a tip from a nursing-home staffer would later prompt state officials to re-examine the case and reach a very different conclusion.
When investigators reviewed Shepter's medical records, they determined that he had actually died of a combination of ailments often related to poor care, including an infected ulcer, pneumonia, dehydration and sepsis.
Investigators also concluded that Shepter's demise was hastened by the inappropriate administration of powerful antipsychotic drugs, which can have potentially lethal side effects for seniors.
Prosecutors in 2009 charged Pormir and two former colleagues with killing Shepter and two other elderly residents. They've pleaded not guilty. The criminal case is ongoing.
Health-care regulators have already taken action, severely restricting the doctor's medical license. The federal government has fined the home nearly $150,000.
Shepter's story illustrates a problem that extends far beyond a single California nursing home. ProPublica and PBS "Frontline" have identified more than three-dozen cases in which the alleged neglect, abuse or even murder of seniors eluded authorities. But for the intervention of whistleblowers, concerned relatives and others, the truth about these deaths might never have come to light.
For more than a year, ProPublica, in concert with other news organizations, has scrutinized the nation's coroner and medical examiner offices [1], which are responsible for probing sudden and unusual fatalities. We found that these agencies -- hampered by chronic underfunding, a shortage of trained doctors and a lack of national standards -- have sometimes helped to send innocent people to prison and allowed killers to walk free.
When it comes to the elderly, the system errs by omission. If a senior like Shepter dies under suspicious circumstances, there's no guarantee anyone will ever investigate. Catherine Hawes, a Texas A&M health-policy researcher who has studied elder abuse for the U.S. Department of Justice, described the issue as "a hidden national scandal."
Because of gaps in government data, it's impossible to say how many suspicious cases have been written off as natural fatalities. However, the limited evidence available points to a significant problem: When investigators in one jurisdiction comprehensively reviewed deaths of older people, they discovered scores of cases in which elders suffered mistreatment.
An array of systemic flaws has led to case after case being overlooked:
When treating physicians report that a death is natural, coroners and medical examiners almost never investigate. But doctors often get it wrong. In one 2008 study, nearly half the doctors surveyed failed to identify the correct cause of death for an elderly patient with a brain injury caused by a fall.
In most states, doctors can fill out a death certificate without ever seeing the body. That explains how a Pennsylvania physician said her 83-year-old patient had died of natural causes when, in fact, he'd been beaten to death by an aide. The doctor never saw the 16-inch bruise that covered the man's left side.
Autopsies of seniors have become increasingly rare even as the population age 65 or older has grown. Between 1972 and 2007, a government analysis [2] found, the share of U.S. autopsies performed on seniors dropped from 37 percent to 17 percent."
Tuesday, December 20, 2011
Abuse victims: Overhaul justice system | Irish Examiner
Abuse victims: Overhaul justice system | Irish Examiner
"THE Irish criminal justice system is "not fit for purpose" when it comes to dealing with sexual crimes, an abuse survivors group has claimed.
Speaking after the publication of a previously redacted chapter of the Cloyne report, One in Four executive director Maeve Lewis said it was time to examine the failure of the state to allow victims of sexual crime access to effective remedy.
Chapter 9 of the Dublin Archdiocese Commission of Investigation focused on Fr Ronat, a guidance counsellor and priest against whom 11 complaints of child abuse were made regarding sexual abuse, rape and anal rape.
Removed from ministry in 2005 and put before a canonical tribunal in 2009, he has not been convicted by a court of law.
Ms Lewis said last night: "It is perhaps time that we now admit that the criminal justice system is not fit for purpose in sexual crimes as it consistently fails victims.
"While the right to a fair trial must remain a cornerstone of Irish law, the low reporting rates, high attrition rates and the re-traumatisation of the very small numbers of victims whose cases go to trial have to be addressed."
Ms Lewis said publication of the redacted chapter again highlights the "catastrophe" which was allowed to take place in the diocese over a period of decades.
"Instead, ‘Fr Ronat’ was protected and supported over many years, allowed to retain his good name and clerical status while continuing to pose a risk to children," she said.
One of the victims, known as Fenella in the report, said: "I’m not giving up on getting justice", while another, known as Donella in the report, said this is "far from over".
"This report shows how the victim was of no interest to the diocese . . . And even today I just get so angry at the thought that that evil man walked out of court a free man," she said.
The Apostolic Administrator of the Diocese of Cloyne, Archbishop Dermot Clifford, said he accepted the report’s findings into how the diocese managed the Fr Ronat case."
Read more: http://www.irishexaminer.com/ireland/abuse-victims-overhaul-justice-system-177774.html#ixzz1h5oHMSNy
"THE Irish criminal justice system is "not fit for purpose" when it comes to dealing with sexual crimes, an abuse survivors group has claimed.
Speaking after the publication of a previously redacted chapter of the Cloyne report, One in Four executive director Maeve Lewis said it was time to examine the failure of the state to allow victims of sexual crime access to effective remedy.
Chapter 9 of the Dublin Archdiocese Commission of Investigation focused on Fr Ronat, a guidance counsellor and priest against whom 11 complaints of child abuse were made regarding sexual abuse, rape and anal rape.
Removed from ministry in 2005 and put before a canonical tribunal in 2009, he has not been convicted by a court of law.
Ms Lewis said last night: "It is perhaps time that we now admit that the criminal justice system is not fit for purpose in sexual crimes as it consistently fails victims.
"While the right to a fair trial must remain a cornerstone of Irish law, the low reporting rates, high attrition rates and the re-traumatisation of the very small numbers of victims whose cases go to trial have to be addressed."
Ms Lewis said publication of the redacted chapter again highlights the "catastrophe" which was allowed to take place in the diocese over a period of decades.
"Instead, ‘Fr Ronat’ was protected and supported over many years, allowed to retain his good name and clerical status while continuing to pose a risk to children," she said.
One of the victims, known as Fenella in the report, said: "I’m not giving up on getting justice", while another, known as Donella in the report, said this is "far from over".
"This report shows how the victim was of no interest to the diocese . . . And even today I just get so angry at the thought that that evil man walked out of court a free man," she said.
The Apostolic Administrator of the Diocese of Cloyne, Archbishop Dermot Clifford, said he accepted the report’s findings into how the diocese managed the Fr Ronat case."
Read more: http://www.irishexaminer.com/ireland/abuse-victims-overhaul-justice-system-177774.html#ixzz1h5oHMSNy
Friday, December 16, 2011
California Creates Justice Unit for E-Crimes
California Creates Justice Unit for E-Crimes
"The California Department of Justice (DOJ) announced this week that it has created a new unit of attorneys and investigators that will work on crimes that involve the use of technology.
The department’s eCrime Unit will work across jurisdictional lines to investigate and prosecute cybercrime, identity theft, computer theft, online child pornography, intellectual property theft, and other similar crimes.
California Attorney General Kamala D. Harris announced the formation of the eCrime Unit at a press conference in Santa Clara County, Calif., on Tuesday, Dec. 13. It’s known in the department as the “eCU.”
“So far, what I can tell you is that what we have addressed are crimes that perhaps would have gone without consequence because, frankly, the jurisdiction just wasn’t clear,” Harris said. “Maybe it was because the incident occurred in a cloud, and who has jurisdiction over that cloud? Or sometimes there was ambiguity about who would take it on because the victims were in many different jurisdictions.”
The unit has a broad mandate to work across jurisdictional lines, she said. Two of the state’s biggest industries — technology and entertainment — are directly impacted by piracy and intellectual property theft. That message has been echoed by lawmakers.
"Every year, California loses millions of dollars because the intellectual capital of our state is being hijacked by criminal elements," said Assemblywoman Nora Campos, D-San Jose, in a California DOJ news release. "The addition of the eCrime Unit to California's fight against technology crimes sends a clear message that we are determined to root out this type of illegal activity."
The eCrime Unit’s 20 attorneys and investigators began their work in August, according to the state DOJ.
"The California Department of Justice (DOJ) announced this week that it has created a new unit of attorneys and investigators that will work on crimes that involve the use of technology.
The department’s eCrime Unit will work across jurisdictional lines to investigate and prosecute cybercrime, identity theft, computer theft, online child pornography, intellectual property theft, and other similar crimes.
California Attorney General Kamala D. Harris announced the formation of the eCrime Unit at a press conference in Santa Clara County, Calif., on Tuesday, Dec. 13. It’s known in the department as the “eCU.”
“So far, what I can tell you is that what we have addressed are crimes that perhaps would have gone without consequence because, frankly, the jurisdiction just wasn’t clear,” Harris said. “Maybe it was because the incident occurred in a cloud, and who has jurisdiction over that cloud? Or sometimes there was ambiguity about who would take it on because the victims were in many different jurisdictions.”
The unit has a broad mandate to work across jurisdictional lines, she said. Two of the state’s biggest industries — technology and entertainment — are directly impacted by piracy and intellectual property theft. That message has been echoed by lawmakers.
"Every year, California loses millions of dollars because the intellectual capital of our state is being hijacked by criminal elements," said Assemblywoman Nora Campos, D-San Jose, in a California DOJ news release. "The addition of the eCrime Unit to California's fight against technology crimes sends a clear message that we are determined to root out this type of illegal activity."
The eCrime Unit’s 20 attorneys and investigators began their work in August, according to the state DOJ.
Thursday, December 15, 2011
Changes suggested for Mo. probation and parole system; allow rewards and quick sanctions | The Republic
Changes suggested for Mo. probation and parole system; allow rewards and quick sanctions | The Republic
"JEFFERSON CITY, Mo. — A Missouri House committee Wednesday examined possible changes to the state's probation and parole system that could save the state millions and reduce the prison population by hundreds of inmates.
A special state task force recommended the changes, and the House committee has been meeting to study the criminal justice system before lawmakers return to the Capital in January.
The recommendations could save $7.7 million to $16.6 million over five years while reducing the prison population by 245 to 677 inmates. Missouri was incarcerating 30,777 people at the end of November, and the Legislature this year included more than $600 million in the total budget for the Department of Corrections. Some of the money that is saved could be plugged back into the criminal justice system.
The possible changes came from the Missouri Working Group on Sentencing and Corrections, which included officials from the legislative, executive and judicial branches. The working group said in its report that the recommendations are intended to improve public safety, hold offenders accountable and control costs.
State Supreme Court Judge William Ray Price, who served on the working group and presented its recommendations to the House committee Wednesday, said Missouri's current approach is expensive and ineffective. He said some, but not all, inmates belong in prison.
"We are trying to achieve better results for the safety of the Missouri people at a lower expense," Price said. "It's not a question about being soft on crime or hard on crime. It's a question of being smart on crime to get the best results for our people at the lowest expense."
Price was named to the Missouri Supreme Court in 1992 by then-Gov. John Ashcroft, a Republican. During his turn as chief justice over the past two years, Price highlighted the criminal justice system in speeches to a joint Legislature."
"JEFFERSON CITY, Mo. — A Missouri House committee Wednesday examined possible changes to the state's probation and parole system that could save the state millions and reduce the prison population by hundreds of inmates.
A special state task force recommended the changes, and the House committee has been meeting to study the criminal justice system before lawmakers return to the Capital in January.
The recommendations could save $7.7 million to $16.6 million over five years while reducing the prison population by 245 to 677 inmates. Missouri was incarcerating 30,777 people at the end of November, and the Legislature this year included more than $600 million in the total budget for the Department of Corrections. Some of the money that is saved could be plugged back into the criminal justice system.
The possible changes came from the Missouri Working Group on Sentencing and Corrections, which included officials from the legislative, executive and judicial branches. The working group said in its report that the recommendations are intended to improve public safety, hold offenders accountable and control costs.
State Supreme Court Judge William Ray Price, who served on the working group and presented its recommendations to the House committee Wednesday, said Missouri's current approach is expensive and ineffective. He said some, but not all, inmates belong in prison.
"We are trying to achieve better results for the safety of the Missouri people at a lower expense," Price said. "It's not a question about being soft on crime or hard on crime. It's a question of being smart on crime to get the best results for our people at the lowest expense."
Price was named to the Missouri Supreme Court in 1992 by then-Gov. John Ashcroft, a Republican. During his turn as chief justice over the past two years, Price highlighted the criminal justice system in speeches to a joint Legislature."
Wednesday, December 14, 2011
BOCC Looks at Criminal Justice System in Work Session - The Bradenton Times - Free News for Bradenton, FL and Manatee County
BOCC Looks at Criminal Justice System in Work Session - The Bradenton Times - Free News for Bradenton, FL and Manatee County
"BRADENTON -- Four months ago Manatee County constructed an agreement with Sarasota County to assign their Criminal Justice Policy Coordinator, Wayne Applebee, to join, Walt Smith (Administrator 12th Judicial Circuit) in order to develop a criminal justice policy model and coordinate recommended changes. The BOCC were brought up to speed at Tuesday's work session.
-- To set the stage for what Smith and Applebee have evaluated to date, Smith familiarized the commissioners and others with a verbal walk through on diversion vs incarceration procedures. He identified all options to one when arrested for a misdemeanor or felony, evaluating each steps from bonding to re-entry and spoke of the heavy case loads public defenders carry, as well as the overloaded court dockets. Smith said that even though there is an extremely high rate of plea bargains, some cases just get pushed through, adding, "we realize people's rights to have an attorney, but we have to move on." He said conviction rates of felonies are running in the high 90 percentile.
-- Next up was Applebee's presentation, and the first recommendations on his list were to have the BOCC propose the Public Safety Coordinating Council (PSCC), define their purpose for existence, review their members, limit them to statutory responsibility and establish their mission. Applebee suggested the BOCC should request recommendations of the PSCC prior to making votes related to funding or policy decisions that may affect public safety or the criminal justice system and update the 1992 Resolution creating the PSCC.
The suggestions call for PSCC System Intercept Mapping that locates the gaps and deficiencies in the criminal justice system and establish priorities based on those findings, then adjust funding recommendations accordingly. Applebee also advised board members that the PSCC publish a list of annual criminal justice priorities to fund, prior to the notice of funding announcements and supply an annual report to the BOCC as to their needs.
Applebee told the commissioners that the PSCC should seek to involve broad input from other communities. He suggested the BOCC look for regional and bi-county solutions, where more opportunity might be available at reasonable savings and to indulge educational/vocational systems, faith-based systems and healthcare systems to regularly interact with the criminal justice system.
Key points to a successful model are: to continue with the implementation of the recommendations from the 2008 Carter Goble Study, commit to pretrial services programs, conduct a cost and service benefit analysis for misdemeanor probation and look into joint county collaborations, for both adult and juvenile facilities. Both Smith and Applebee will finish their advisory roles and submit their final report in a couple of weeks, and it will include specific reporting recommendations."
"BRADENTON -- Four months ago Manatee County constructed an agreement with Sarasota County to assign their Criminal Justice Policy Coordinator, Wayne Applebee, to join, Walt Smith (Administrator 12th Judicial Circuit) in order to develop a criminal justice policy model and coordinate recommended changes. The BOCC were brought up to speed at Tuesday's work session.
-- To set the stage for what Smith and Applebee have evaluated to date, Smith familiarized the commissioners and others with a verbal walk through on diversion vs incarceration procedures. He identified all options to one when arrested for a misdemeanor or felony, evaluating each steps from bonding to re-entry and spoke of the heavy case loads public defenders carry, as well as the overloaded court dockets. Smith said that even though there is an extremely high rate of plea bargains, some cases just get pushed through, adding, "we realize people's rights to have an attorney, but we have to move on." He said conviction rates of felonies are running in the high 90 percentile.
-- Next up was Applebee's presentation, and the first recommendations on his list were to have the BOCC propose the Public Safety Coordinating Council (PSCC), define their purpose for existence, review their members, limit them to statutory responsibility and establish their mission. Applebee suggested the BOCC should request recommendations of the PSCC prior to making votes related to funding or policy decisions that may affect public safety or the criminal justice system and update the 1992 Resolution creating the PSCC.
The suggestions call for PSCC System Intercept Mapping that locates the gaps and deficiencies in the criminal justice system and establish priorities based on those findings, then adjust funding recommendations accordingly. Applebee also advised board members that the PSCC publish a list of annual criminal justice priorities to fund, prior to the notice of funding announcements and supply an annual report to the BOCC as to their needs.
Applebee told the commissioners that the PSCC should seek to involve broad input from other communities. He suggested the BOCC look for regional and bi-county solutions, where more opportunity might be available at reasonable savings and to indulge educational/vocational systems, faith-based systems and healthcare systems to regularly interact with the criminal justice system.
Key points to a successful model are: to continue with the implementation of the recommendations from the 2008 Carter Goble Study, commit to pretrial services programs, conduct a cost and service benefit analysis for misdemeanor probation and look into joint county collaborations, for both adult and juvenile facilities. Both Smith and Applebee will finish their advisory roles and submit their final report in a couple of weeks, and it will include specific reporting recommendations."
Tuesday, December 13, 2011
Illinois' juvenile justice system is failing, state report says - chicagotribune.com
Illinois' juvenile justice system is failing, state report says - chicagotribune.com
"Illinois' juvenile justice system is failing to rehabilitate offenders and help them return to life in their communities, according to a state commission's study to be released Tuesday.
More than half of the people released from state Department of Juvenile Justice facilities are later incarcerated again in the juvenile system, according to the study by the Illinois Juvenile Justice Commission.
OCPublicAuction.comThe report also says the state's juvenile justice system "is, in many ways, the 'feeder system' to the adult criminal justice system and a cycle of crime, victimization and incarceration."
The commission was ordered by law to develop recommendations to help youth offenders successfully transition back into their communities. The commission's members found a system that is in desperate need of an overhaul, said its chairman, Judge George W. Timberlake, retired chief judge of the 2nd Judicial Circuit.
"We actually saw a system that doesn't work so well, if we gauge the worth of the system in increasing public safety, doing so at the least possible cost and improving the outcomes of kids who otherwise might be part of future criminal activity," Timberlake said in a phone interview Monday."
"Illinois' juvenile justice system is failing to rehabilitate offenders and help them return to life in their communities, according to a state commission's study to be released Tuesday.
More than half of the people released from state Department of Juvenile Justice facilities are later incarcerated again in the juvenile system, according to the study by the Illinois Juvenile Justice Commission.
OCPublicAuction.comThe report also says the state's juvenile justice system "is, in many ways, the 'feeder system' to the adult criminal justice system and a cycle of crime, victimization and incarceration."
The commission was ordered by law to develop recommendations to help youth offenders successfully transition back into their communities. The commission's members found a system that is in desperate need of an overhaul, said its chairman, Judge George W. Timberlake, retired chief judge of the 2nd Judicial Circuit.
"We actually saw a system that doesn't work so well, if we gauge the worth of the system in increasing public safety, doing so at the least possible cost and improving the outcomes of kids who otherwise might be part of future criminal activity," Timberlake said in a phone interview Monday."
Monday, December 12, 2011
BBC News - Chief constable backs 'restorative justice' for youths
BBC News - Chief constable backs 'restorative justice' for youths
"Youths who commit a "minor offence" should not be criminalised, Cambridgeshire's chief constable has said.
Simon Parr said he was encouraging officers to consider "restorative justice" instead of prosecutions.
More than 1,000 offenders in Cambridgeshire have been dealt with using the system since April, with 51.9% of cases involving youths.
The scheme allows victims to help decide punishments for low-level crime.
Mr Parr said: "Arrests are just one of the options available to officers when dealing with a child suspected of a crime and it is not always the most appropriate option.
"I certainly do not want to see children who have committed a minor offence criminalised for their actions."
Police said restorative justice had saved 8,000 policing hours and solved an extra 2.4% of crimes in the county since April.
Victim approval
In one case, a youth who caused £100 of damage to a sports pavilion avoided a criminal conviction by apologising and picking up litter.
An adult who stole £58 of stock from a shop in another case apologised, paid for the items and swept a car park.
Mr Parr said: "Officers in Cambridgeshire are being encouraged to use their professional judgment and look at all the options available to resolve a criminal investigation involving a minor offence, especially when dealing with children.
"Restorative justice provides an alternative to the traditional process of arrest and punishment. That said, the needs of victims remain a priority and are always considered.
"It cannot be used to deal with serious crimes or for repeat offenders and can only be used where a person has admitted their guilt, shown remorse and is willing to apologise and make amends."
Police said research showed people were less likely to reoffend if they were kept out of the criminal justice system."
"Youths who commit a "minor offence" should not be criminalised, Cambridgeshire's chief constable has said.
Simon Parr said he was encouraging officers to consider "restorative justice" instead of prosecutions.
More than 1,000 offenders in Cambridgeshire have been dealt with using the system since April, with 51.9% of cases involving youths.
The scheme allows victims to help decide punishments for low-level crime.
Mr Parr said: "Arrests are just one of the options available to officers when dealing with a child suspected of a crime and it is not always the most appropriate option.
"I certainly do not want to see children who have committed a minor offence criminalised for their actions."
Police said restorative justice had saved 8,000 policing hours and solved an extra 2.4% of crimes in the county since April.
Victim approval
In one case, a youth who caused £100 of damage to a sports pavilion avoided a criminal conviction by apologising and picking up litter.
An adult who stole £58 of stock from a shop in another case apologised, paid for the items and swept a car park.
Mr Parr said: "Officers in Cambridgeshire are being encouraged to use their professional judgment and look at all the options available to resolve a criminal investigation involving a minor offence, especially when dealing with children.
"Restorative justice provides an alternative to the traditional process of arrest and punishment. That said, the needs of victims remain a priority and are always considered.
"It cannot be used to deal with serious crimes or for repeat offenders and can only be used where a person has admitted their guilt, shown remorse and is willing to apologise and make amends."
Police said research showed people were less likely to reoffend if they were kept out of the criminal justice system."
Friday, December 9, 2011
Transgender and disabled murders to incur far harsher hate-crime penalty | UK news | The Guardian
Transgender and disabled murders to incur far harsher hate-crime penalty | UK news | The Guardian
"Murderers who kill disabled or transgender people in hate crimes are to face much longer prison sentences under government proposals.
The justice secretary, Kenneth Clarke, said the "starting point" for judges sentencing in disability and transgender murder cases was to double from 15 to 30 years.
The move will bring sentencing in these cases in line with murders in which race, religion or sexual orientation is an aggravating factor.
It follows the jailing in September of Leon Fyle, 23, for life for the murder of Destiny Lauren, a transgender woman who worked as a prostitute. Fyle, who was convicted after a retrial, was given a 21-year tariff.
The proposal is part of the government's first strategy to tackle transgender prejudice in England and Wales. The equalities minister, Lynne Featherstone, said the strategy included support for transgender pupils in schools, measures to tackle discrimination in accessing public services and greater steps to protect transgender people's privacy, including not having their transgender identity revealed at work without their consent.
Ministers are to introduce amendments to the legal aid, sentencing and punishment bill now going through parliament to double the starting point in murder cases. It will also allow judges to pass tougher sentences for any crime in which hostility towards transgender or disabled people is an aggravating factor.
Clarke said that hate crime left sections of society living in fear and at risk of unprovoked violence. "The courts already treat hate crime seriously and aggravate sentences accordingly," he said. "These proposals make clear offenders should be in no doubt that they face a more severe sentence for these unacceptable crimes."
The "starting points" for sentencing killers are laid down in the 2003 Criminal Justice Act, which provides judges with guidance on determining the minimum term under a life sentence for murder. Any aggravating or mitigating factors present in the case are then taken into account by the judge before reaching the final minimum term or tariff."
"Murderers who kill disabled or transgender people in hate crimes are to face much longer prison sentences under government proposals.
The justice secretary, Kenneth Clarke, said the "starting point" for judges sentencing in disability and transgender murder cases was to double from 15 to 30 years.
The move will bring sentencing in these cases in line with murders in which race, religion or sexual orientation is an aggravating factor.
It follows the jailing in September of Leon Fyle, 23, for life for the murder of Destiny Lauren, a transgender woman who worked as a prostitute. Fyle, who was convicted after a retrial, was given a 21-year tariff.
The proposal is part of the government's first strategy to tackle transgender prejudice in England and Wales. The equalities minister, Lynne Featherstone, said the strategy included support for transgender pupils in schools, measures to tackle discrimination in accessing public services and greater steps to protect transgender people's privacy, including not having their transgender identity revealed at work without their consent.
Ministers are to introduce amendments to the legal aid, sentencing and punishment bill now going through parliament to double the starting point in murder cases. It will also allow judges to pass tougher sentences for any crime in which hostility towards transgender or disabled people is an aggravating factor.
Clarke said that hate crime left sections of society living in fear and at risk of unprovoked violence. "The courts already treat hate crime seriously and aggravate sentences accordingly," he said. "These proposals make clear offenders should be in no doubt that they face a more severe sentence for these unacceptable crimes."
The "starting points" for sentencing killers are laid down in the 2003 Criminal Justice Act, which provides judges with guidance on determining the minimum term under a life sentence for murder. Any aggravating or mitigating factors present in the case are then taken into account by the judge before reaching the final minimum term or tariff."
Thursday, December 8, 2011
Crime Stoppers in the Tulsa Co. jail - FOX23 News
Crime Stoppers in the Tulsa Co. jail - FOX23 News
"More than three thousand people are booked into the David L. Moss Criminal Justice Center in Tulsa every year.
Deputies say unless security reasons, it doesn’t matter what type of crime inmates are accused of, they are housed in the same cells.
Imagine all the jailhouse chatter that goes on behind the walls, eventually someone is going to talk and now inmates can call a tip for free.
You can call, text and e-mail Crime Stoppers tips.
"We know that other bad guys and scorned lovers are the big frequent fliers are Crime Stoppers,” says Crime Commission Executive Director Carol Bush.
Some of the callers could be inmates with a beef. "There is always jailhouse chatter and jail house snitches for everything,” says Bush.
Any of the information can be reported to Crime Stoppers for free inside the jail. Signs are posted at telephones encouraging inmates to call Crime Stoppers.
"There are a lot of people inside jails that know stuff that is going on the outside and sometimes they know they need to get those people off the streets,” says Crime Stoppers supporter Lewis Billy.
He lives near 11th and Rockford and says he wants criminals invading his neighborhood reported.
"Prostitution, we've had a lot of drive-bys in a few months,” says Billy.
The tipsters could already be locked up with what deputies call “weekenders”. They are someone who is serving scheduled time for offenses such as a DUI.
If those less violent offenders overhear information about bigger crimes, they can call Crime Stoppers inside the jail or when they get out.
"They have a tendency to want to tell somebody because they are good people, they just made a mistake,” says Tulsa County Sheriff’s Office Sgt. Shannon Clark.
Or the tipsters could be hardened criminals who want to score some extra cash for the reward.
"There is a jailhouse etiquette and they are competitive and start tattle telling on each other’s crimes,” says Clark.
Jail calls are recorded but to keep Crime Stopper callers anonymous, the call is on speed dial to the answering service in Texas."
"More than three thousand people are booked into the David L. Moss Criminal Justice Center in Tulsa every year.
Deputies say unless security reasons, it doesn’t matter what type of crime inmates are accused of, they are housed in the same cells.
Imagine all the jailhouse chatter that goes on behind the walls, eventually someone is going to talk and now inmates can call a tip for free.
You can call, text and e-mail Crime Stoppers tips.
"We know that other bad guys and scorned lovers are the big frequent fliers are Crime Stoppers,” says Crime Commission Executive Director Carol Bush.
Some of the callers could be inmates with a beef. "There is always jailhouse chatter and jail house snitches for everything,” says Bush.
Any of the information can be reported to Crime Stoppers for free inside the jail. Signs are posted at telephones encouraging inmates to call Crime Stoppers.
"There are a lot of people inside jails that know stuff that is going on the outside and sometimes they know they need to get those people off the streets,” says Crime Stoppers supporter Lewis Billy.
He lives near 11th and Rockford and says he wants criminals invading his neighborhood reported.
"Prostitution, we've had a lot of drive-bys in a few months,” says Billy.
The tipsters could already be locked up with what deputies call “weekenders”. They are someone who is serving scheduled time for offenses such as a DUI.
If those less violent offenders overhear information about bigger crimes, they can call Crime Stoppers inside the jail or when they get out.
"They have a tendency to want to tell somebody because they are good people, they just made a mistake,” says Tulsa County Sheriff’s Office Sgt. Shannon Clark.
Or the tipsters could be hardened criminals who want to score some extra cash for the reward.
"There is a jailhouse etiquette and they are competitive and start tattle telling on each other’s crimes,” says Clark.
Jail calls are recorded but to keep Crime Stopper callers anonymous, the call is on speed dial to the answering service in Texas."
Wednesday, December 7, 2011
JAG impact on the criminal justice system
JAG impact on the criminal justice system
"Most of the officers who attend my grant writing classes are familiar with the JAG. It is the most flexible of all justice grants for law enforcement, but lots of questions about what JAG supports and what it will allow departments to do with the grant funding arise, both in the classroom and in question submitted to Policegrantshelp.com. Hopefully an introduction to this comprehensive report will offer insight into the JAG. I strongly recommend that anyone interested in applying for a JAG grant read the full report.
The National Criminal Justice Association in partnership with the Bureau of Justice Assistance recently published a report titled "Cornerstone for Justice/Byrne JAG and its Impact in the Criminal Justice System." This comprehensive review of the Jag provides insight into the grant funded initiatives throughout the criminal justice system. The report includes law enforcement, court systems, technology initiatives, corrections, Substance Abuse Prevention and Treatment, victims support, juvenile delinquency and initiatives in strategy planning. Let me provide a summary of the report.
As stated in the report “The Edward Byrne Memorial Justice Assistance grant is presented as the cornerstone federal justice assistance grant program. It grew out of the omnibus Crime Control and Safe Streets Act of 1968 to assist state and local government in strengthening and improving operation of law enforcement functions in the states.”
Today the JAG has expanded to include all aspects of justice and is deemed the most flexible of all of the grants for law enforcement. Police departments have used the JAG to test new and initiatives, technology, expand their policing strategies and purchase needed equipment.
Sixty percent (60%) of the total JAG funds are allocated to the state criminal justice planning agencies, the State Administering Agencies (SAAs) who then in turn pass a designated percentage through to local governments and other organizations, including non-profit service providers. The funding is administered through seven key purpose areas of law enforcement: prosecution and courts, prevention and education, corrections and community corrections drug treatment and enforcement, planning, evaluation and technology and crime victim and witness. Fifty Two Percent (52%) of JAG funding is allocated to law enforcement."
"Most of the officers who attend my grant writing classes are familiar with the JAG. It is the most flexible of all justice grants for law enforcement, but lots of questions about what JAG supports and what it will allow departments to do with the grant funding arise, both in the classroom and in question submitted to Policegrantshelp.com. Hopefully an introduction to this comprehensive report will offer insight into the JAG. I strongly recommend that anyone interested in applying for a JAG grant read the full report.
The National Criminal Justice Association in partnership with the Bureau of Justice Assistance recently published a report titled "Cornerstone for Justice/Byrne JAG and its Impact in the Criminal Justice System." This comprehensive review of the Jag provides insight into the grant funded initiatives throughout the criminal justice system. The report includes law enforcement, court systems, technology initiatives, corrections, Substance Abuse Prevention and Treatment, victims support, juvenile delinquency and initiatives in strategy planning. Let me provide a summary of the report.
As stated in the report “The Edward Byrne Memorial Justice Assistance grant is presented as the cornerstone federal justice assistance grant program. It grew out of the omnibus Crime Control and Safe Streets Act of 1968 to assist state and local government in strengthening and improving operation of law enforcement functions in the states.”
Today the JAG has expanded to include all aspects of justice and is deemed the most flexible of all of the grants for law enforcement. Police departments have used the JAG to test new and initiatives, technology, expand their policing strategies and purchase needed equipment.
Sixty percent (60%) of the total JAG funds are allocated to the state criminal justice planning agencies, the State Administering Agencies (SAAs) who then in turn pass a designated percentage through to local governments and other organizations, including non-profit service providers. The funding is administered through seven key purpose areas of law enforcement: prosecution and courts, prevention and education, corrections and community corrections drug treatment and enforcement, planning, evaluation and technology and crime victim and witness. Fifty Two Percent (52%) of JAG funding is allocated to law enforcement."
Tuesday, December 6, 2011
Conservatives' omnibus crime bill clears Commons | News | National Post
Conservatives' omnibus crime bill clears Commons | News | National Post
"OTTAWA — The opposition has called it misguided, at least two provinces have vowed not to pay for it and the Canadian Bar Association has done its darndest to get the Conservatives to listen to reason.
Still, the controversial omnibus crime bill cleared the Commons Monday evening, just 45 sitting days after it was first tabled.
The Safe Streets and Communities Act — a hodgepodge of nine justice bills, most of which were defeated in previous Parliaments when the Conservatives were in minority status — easily passed thanks to the government’s new majority in a vote of 157 to 127.
“Parliament has seen and debated these measures, some of them for as long as four years,” Justice Minister Rob Nicholson said earlier in the day as he called on all MPs to unanimously support the measures — even though this clearly was no longer necessary, nor likely to happen.
“The time for talk is over. The time for action is now.”
The government fast-tracked the bill through the Commons, invoking closure every step of the way to limit debate, and Nicholson expressed hope that the bill also would move through the Senate “expeditiously.”
It is likely to pass second reading before Parliament breaks for the holidays and the Senate committee on legal and constitutional affairs will begin hearing from stakeholders and examining the bill clause-by-clause in the new year.
Bill C-10 is poised to become law by March 16, 2012, the 100th sitting day of the 41st Parliament.
The Senate, however, will need to consider six government amendments proposed by Public Safety Minister Vic Toews at the 11th hour following consultations with stakeholders after House Speaker Andrew Scheer ruled them out of order.
Nearly identical to some of the 38 proposals tabled by Liberal justice critic Irwin Cotler, the amendments aimed at strengthening provisions that allow victims of terrorism to sue their perpetrators were ultimately rejected by a Commons committee.
The late day flip-flop raised the ire of the opposition, which argued this was an abuse of democracy and proof the government was pushing the bill through without adequate debate.
Cotler, who was justice minister under Paul Martin, said Monday that he has spoken with his colleagues in the Senate and has suggested a number of other amendments for the opposition to bring forward.
“I do hope that maybe the government will say, ‘Okay, the Senate is the chamber of sober second thought,’ and maybe they’ll give it that sober second thought, revisit some of their own legislation and see that it gets improved by the Senate deliberations,” he said, noting the government does, however, also have a majority in the Senate.
“The way they exercised their majority in the House, I’m not confident that they’re going to do things differently in the Senate, but there’s always hope.”
Cotler said the biggest “holes” in the bill include the fact that it contains no protection for the mentally ill, that some of the provisions are “constitutionally suspect” and could end up being challenged in court and that changes to the International Transfer of Offenders Act give the minister of public safety unfair and arbitrary powers."
"OTTAWA — The opposition has called it misguided, at least two provinces have vowed not to pay for it and the Canadian Bar Association has done its darndest to get the Conservatives to listen to reason.
Still, the controversial omnibus crime bill cleared the Commons Monday evening, just 45 sitting days after it was first tabled.
The Safe Streets and Communities Act — a hodgepodge of nine justice bills, most of which were defeated in previous Parliaments when the Conservatives were in minority status — easily passed thanks to the government’s new majority in a vote of 157 to 127.
“Parliament has seen and debated these measures, some of them for as long as four years,” Justice Minister Rob Nicholson said earlier in the day as he called on all MPs to unanimously support the measures — even though this clearly was no longer necessary, nor likely to happen.
“The time for talk is over. The time for action is now.”
The government fast-tracked the bill through the Commons, invoking closure every step of the way to limit debate, and Nicholson expressed hope that the bill also would move through the Senate “expeditiously.”
It is likely to pass second reading before Parliament breaks for the holidays and the Senate committee on legal and constitutional affairs will begin hearing from stakeholders and examining the bill clause-by-clause in the new year.
Bill C-10 is poised to become law by March 16, 2012, the 100th sitting day of the 41st Parliament.
The Senate, however, will need to consider six government amendments proposed by Public Safety Minister Vic Toews at the 11th hour following consultations with stakeholders after House Speaker Andrew Scheer ruled them out of order.
Nearly identical to some of the 38 proposals tabled by Liberal justice critic Irwin Cotler, the amendments aimed at strengthening provisions that allow victims of terrorism to sue their perpetrators were ultimately rejected by a Commons committee.
The late day flip-flop raised the ire of the opposition, which argued this was an abuse of democracy and proof the government was pushing the bill through without adequate debate.
Cotler, who was justice minister under Paul Martin, said Monday that he has spoken with his colleagues in the Senate and has suggested a number of other amendments for the opposition to bring forward.
“I do hope that maybe the government will say, ‘Okay, the Senate is the chamber of sober second thought,’ and maybe they’ll give it that sober second thought, revisit some of their own legislation and see that it gets improved by the Senate deliberations,” he said, noting the government does, however, also have a majority in the Senate.
“The way they exercised their majority in the House, I’m not confident that they’re going to do things differently in the Senate, but there’s always hope.”
Cotler said the biggest “holes” in the bill include the fact that it contains no protection for the mentally ill, that some of the provisions are “constitutionally suspect” and could end up being challenged in court and that changes to the International Transfer of Offenders Act give the minister of public safety unfair and arbitrary powers."
Monday, December 5, 2011
Migrants Say They're Unwilling Mules For Cartels : NPR
Migrants Say They're Unwilling Mules For Cartels : NPR
"Mexican drug cartels have found a new source of labor to backpack marijuana into the United States: illegal immigrants.
Federal agents, prosecutors, defense attorneys and migrants themselves say that traffickers have begun recruiting undocumented immigrants at the border, both voluntarily and forcibly. Now, U.S. courts along the border have to decide what to do with terrified immigrants who come before them and say, "The cartel made me do it."
Rodolfo and Jose Luis were fairly typical economic immigrants. Strong, resourceful and poor, they arrived at Ojinaga, Mexico, with the intention of crossing the border and making their way to Colorado to look for work as roofers. But when they arrived at the Rio Grande on Oct. 21, ready for the journey north, they were met by three trucks full of heavily armed young toughs belonging to La Linea, a drug gang based upriver in Juarez.
"They hit us, threw us on the ground, searched us and took our money," Rodolfo said at the Pecos Criminal Justice Center in Pecos, Texas. "Then they told us if we didn't smuggle drugs for them, they would kill us. They didn't give us any other option."
So that's what Rodolfo and Jose Luis did. They each shouldered a 50-pound backpack full of marijuana and carried it across the dry riverbed into Presidio County, Texas. The cartel guide who accompanied them carried a radio, but no weapon. So as soon as they were out of sight of the border, they dropped the dope in the brush and high-tailed it north. The next morning, Border Patrol agents found them tromping through the desert and arrested them for illegal entry.
"I told the Border Patrol that we were forced to carry it," Rodolfo said. "They told us we were lying. I said, 'No, I'm telling the truth. We'll show you.' So we took them to the place near the river and the marijuana was still there."
In November, the prosecutor dropped the charges. Rodolfo and Jose Luis — fearing for their lives — were deported back to Mexico. They asked that their last names not be used in this story."
"Mexican drug cartels have found a new source of labor to backpack marijuana into the United States: illegal immigrants.
Federal agents, prosecutors, defense attorneys and migrants themselves say that traffickers have begun recruiting undocumented immigrants at the border, both voluntarily and forcibly. Now, U.S. courts along the border have to decide what to do with terrified immigrants who come before them and say, "The cartel made me do it."
Rodolfo and Jose Luis were fairly typical economic immigrants. Strong, resourceful and poor, they arrived at Ojinaga, Mexico, with the intention of crossing the border and making their way to Colorado to look for work as roofers. But when they arrived at the Rio Grande on Oct. 21, ready for the journey north, they were met by three trucks full of heavily armed young toughs belonging to La Linea, a drug gang based upriver in Juarez.
"They hit us, threw us on the ground, searched us and took our money," Rodolfo said at the Pecos Criminal Justice Center in Pecos, Texas. "Then they told us if we didn't smuggle drugs for them, they would kill us. They didn't give us any other option."
So that's what Rodolfo and Jose Luis did. They each shouldered a 50-pound backpack full of marijuana and carried it across the dry riverbed into Presidio County, Texas. The cartel guide who accompanied them carried a radio, but no weapon. So as soon as they were out of sight of the border, they dropped the dope in the brush and high-tailed it north. The next morning, Border Patrol agents found them tromping through the desert and arrested them for illegal entry.
"I told the Border Patrol that we were forced to carry it," Rodolfo said. "They told us we were lying. I said, 'No, I'm telling the truth. We'll show you.' So we took them to the place near the river and the marijuana was still there."
In November, the prosecutor dropped the charges. Rodolfo and Jose Luis — fearing for their lives — were deported back to Mexico. They asked that their last names not be used in this story."
Friday, December 2, 2011
Hoping to Reform Justice System, Groups Eye Sunset Review — Texas Department of Criminal Justice | The Texas Tribune
Hoping to Reform Justice System, Groups Eye Sunset Review — Texas Department of Criminal Justice | The Texas Tribune
"With the Texas Legislature set to begin the state review process for the Texas Department of Criminal Justice and the Board of Pardons and Paroles in January, advocacy groups have already begun lobbying the Sunset Advisory Commission, which will conduct the review.
"As a human rights organization, our perspective is that these conditions are cruel and unusual, they violate the Constitution, and that it's illegal to house prisoners in these conditions," said Scott Medlock of the Texas Civil Rights Project.
The group has already sent a letter to the Sunset Advisory Commission noting what it considers inadequate health care for prisoners.
But Medlock knows arguing for prisoners' rights doesn't always get far in tough-on-crime Texas. So he's also proposing measures he says could improve prisoner conditions while cutting costs for the state, like reviewing sentencing policies that keep geriatric inmates behind bars, where they disproportionately use up the prison system’s limited health care dollars.
"So that results in old and frail prisoners who have already served an extremely long time in prison that then become very expensive to care for as they reach their later years," Medlock said.
Mark Levin of the Texas Public Policy Foundation, a conservative think tank, agrees that sentencing and the prison population should be reviewed. He said the state must prioritize its prison space to keep threats to society behind bars but should steer lower-level offenders, like individuals convicted of minor drug possession, out of jail."
"With the Texas Legislature set to begin the state review process for the Texas Department of Criminal Justice and the Board of Pardons and Paroles in January, advocacy groups have already begun lobbying the Sunset Advisory Commission, which will conduct the review.
"As a human rights organization, our perspective is that these conditions are cruel and unusual, they violate the Constitution, and that it's illegal to house prisoners in these conditions," said Scott Medlock of the Texas Civil Rights Project.
The group has already sent a letter to the Sunset Advisory Commission noting what it considers inadequate health care for prisoners.
But Medlock knows arguing for prisoners' rights doesn't always get far in tough-on-crime Texas. So he's also proposing measures he says could improve prisoner conditions while cutting costs for the state, like reviewing sentencing policies that keep geriatric inmates behind bars, where they disproportionately use up the prison system’s limited health care dollars.
"So that results in old and frail prisoners who have already served an extremely long time in prison that then become very expensive to care for as they reach their later years," Medlock said.
Mark Levin of the Texas Public Policy Foundation, a conservative think tank, agrees that sentencing and the prison population should be reviewed. He said the state must prioritize its prison space to keep threats to society behind bars but should steer lower-level offenders, like individuals convicted of minor drug possession, out of jail."
Thursday, December 1, 2011
FFWD - Calgary News & Views - News - Crime bill
FFWD - Calgary News & Views - News - Crime bill
"The clock is ticking on the Harper government’s promise to pass its omnibus crime bill within 100 parliamentary days (expected to come around mid-March). Bill C-10, known as the Safe Streets and Communities Act, is opposed by other levels of government, lawyers, criminologists, advocacy groups and virtually every stakeholder. One voice that has remained noticeably mute is the Alberta government’s.
The bill is a 150-page bundle of seven previously introduced measures, which were not passed, created for the Conservatives’ “tough on crime” agenda. If passed, it will, among other things: allow the victims of terrorism to sue terrorists; extend the time period required before criminal pardons are granted; discontinue house arrest for violent criminals; introduce safeguards against human trafficking; and usher in minimum sentences for sexual offences against children, drug-related offences and repeat young offenders.
The Alberta government has relatively little to say about the omnibus crime bill, but it is supportive. Alberta Justice Minister Verlyn Olson, speaking recently in the legislature, said that Alberta backed the legislation when it was introduced last spring and continues to do so now. Alberta Justice spokesperson Josh Stewart reiterates Olson’s position.
“We were supportive of them (the seven bills) in the past and we’re supportive of them still,” Stewart says. “We were involved in quite a bit of the work behind C-10; a lot of the legislative changes at the federal level we’ve been pushing for over the years.” Stewart points to mandatory sentencing and added prohibitions against the sexual predation of children as two of the areas the Alberta government had a hand in.
“I think Albertans definitely are pro for a stance of being tough on crime. I don’t think there’s a question on that,” he adds.
Not every province shares that view. Ontario and Quebec’s governments are perhaps the most vocally opposed. Both provinces are fighting the omnibus bill’s hardline stance on crime and refusing to pay for the anticipated expansion of the corrections system.
Stewart and the solicitor general’s spokesperson, Jason Maloney, dismiss concerns over increased costs as premature.
“There are going to be costs, but it does take money to fight crime,” says Stewart. “It’s really too early to speculate on what the costs might be or against how those costs might be split.”
While the provincial government appears confident Albertans support the proposed changes, those in the province who are familiar with crime and punishment seem unanimously opposed."
"The clock is ticking on the Harper government’s promise to pass its omnibus crime bill within 100 parliamentary days (expected to come around mid-March). Bill C-10, known as the Safe Streets and Communities Act, is opposed by other levels of government, lawyers, criminologists, advocacy groups and virtually every stakeholder. One voice that has remained noticeably mute is the Alberta government’s.
The bill is a 150-page bundle of seven previously introduced measures, which were not passed, created for the Conservatives’ “tough on crime” agenda. If passed, it will, among other things: allow the victims of terrorism to sue terrorists; extend the time period required before criminal pardons are granted; discontinue house arrest for violent criminals; introduce safeguards against human trafficking; and usher in minimum sentences for sexual offences against children, drug-related offences and repeat young offenders.
The Alberta government has relatively little to say about the omnibus crime bill, but it is supportive. Alberta Justice Minister Verlyn Olson, speaking recently in the legislature, said that Alberta backed the legislation when it was introduced last spring and continues to do so now. Alberta Justice spokesperson Josh Stewart reiterates Olson’s position.
“We were supportive of them (the seven bills) in the past and we’re supportive of them still,” Stewart says. “We were involved in quite a bit of the work behind C-10; a lot of the legislative changes at the federal level we’ve been pushing for over the years.” Stewart points to mandatory sentencing and added prohibitions against the sexual predation of children as two of the areas the Alberta government had a hand in.
“I think Albertans definitely are pro for a stance of being tough on crime. I don’t think there’s a question on that,” he adds.
Not every province shares that view. Ontario and Quebec’s governments are perhaps the most vocally opposed. Both provinces are fighting the omnibus bill’s hardline stance on crime and refusing to pay for the anticipated expansion of the corrections system.
Stewart and the solicitor general’s spokesperson, Jason Maloney, dismiss concerns over increased costs as premature.
“There are going to be costs, but it does take money to fight crime,” says Stewart. “It’s really too early to speculate on what the costs might be or against how those costs might be split.”
While the provincial government appears confident Albertans support the proposed changes, those in the province who are familiar with crime and punishment seem unanimously opposed."
Tuesday, November 29, 2011
Obama: Drug Addiction is a Disease, Not a Crime
Obama: Drug Addiction is a Disease, Not a Crime
"The Office of National Drug Control Policy hosted a media briefing on Nov. 20, to highlight the Obama Administration’s unprecedented approaches to addressing drug addiction.
Ben Tucker, deputy director for State, Local, and Tribal Affairs set the tone by giving stats about how costly criminalizing drug use has been.
“The Department of Justice released new data showing that drug use cost our society about $193 billion a year. Fifty six billion of those dollars can be traced directly back to costs associated solely with the criminal justice system,” said Tucker.
The deputy pointed out that contributing to this immense cost are the more than seven million people in the United States who are under the supervision of the criminal justice system with more than two million behind bars.
For states and localities across the country, the costs of managing these populations have grown significantly. Between 1988 and 2009, state corrections spending increased from $12 billion to more than $50 billion per year.
“African Americans and Hispanics are disproportionately incarcerated for drug offenses. These two groups have consistently higher proportions of inmates in state prison who are drug offenders compared to Whites - about 50 percent higher among these minorities compared to Whites,” said Tucker.
“As our nation works to recover from the greatest recession we’ve had, we must do everything we can to lessen the harm that drug offenses and drug use have on the health, safety, and economic potential of our nation and our fellow citizens.”
Gil Kerlikowske, director of National Drug Control Policy outlined unprecedented actions being undertaken by the Obama Administration to address this challenge by breaking the cycle of drug use, crime, incarceration and re-arrest.
The Obama Administration’s approach to criminal justice drug policy is guided by three facts; that addiction is a disease that can be treated; people can recover and new interventions are needed to appropriately address substance abuse and drug-related crime.
“We cannot arrest our way out of our nation’s drug problem and while new strategies are being implemented there is more to do,” said Kerlikowske.
This last fiscal year, the Obama Administration spent $10.4 billion on drug prevention and treatment programs compared to $9.2 billion on domestic drug enforcement."
"The Office of National Drug Control Policy hosted a media briefing on Nov. 20, to highlight the Obama Administration’s unprecedented approaches to addressing drug addiction.
Ben Tucker, deputy director for State, Local, and Tribal Affairs set the tone by giving stats about how costly criminalizing drug use has been.
“The Department of Justice released new data showing that drug use cost our society about $193 billion a year. Fifty six billion of those dollars can be traced directly back to costs associated solely with the criminal justice system,” said Tucker.
The deputy pointed out that contributing to this immense cost are the more than seven million people in the United States who are under the supervision of the criminal justice system with more than two million behind bars.
For states and localities across the country, the costs of managing these populations have grown significantly. Between 1988 and 2009, state corrections spending increased from $12 billion to more than $50 billion per year.
“African Americans and Hispanics are disproportionately incarcerated for drug offenses. These two groups have consistently higher proportions of inmates in state prison who are drug offenders compared to Whites - about 50 percent higher among these minorities compared to Whites,” said Tucker.
“As our nation works to recover from the greatest recession we’ve had, we must do everything we can to lessen the harm that drug offenses and drug use have on the health, safety, and economic potential of our nation and our fellow citizens.”
Gil Kerlikowske, director of National Drug Control Policy outlined unprecedented actions being undertaken by the Obama Administration to address this challenge by breaking the cycle of drug use, crime, incarceration and re-arrest.
The Obama Administration’s approach to criminal justice drug policy is guided by three facts; that addiction is a disease that can be treated; people can recover and new interventions are needed to appropriately address substance abuse and drug-related crime.
“We cannot arrest our way out of our nation’s drug problem and while new strategies are being implemented there is more to do,” said Kerlikowske.
This last fiscal year, the Obama Administration spent $10.4 billion on drug prevention and treatment programs compared to $9.2 billion on domestic drug enforcement."
Monday, November 28, 2011
Beyond Fighting Crime, FBI Reaches Out To Victims : NPR
Beyond Fighting Crime, FBI Reaches Out To Victims : NPR
"When FBI agents arrive at the scene of a shooting or a terrorist attack, there's often someone else standing in the background. It's a representative from the FBI's Office for Victim Assistance, there to help people suffering in the aftermath of a disaster.
The planning for those unfortunate days starts here, in a windowless conference room in the J. Edgar Hoover FBI building, where seven serious-looking people are sitting around a table.
They're talking about how to pick volunteers to serve on five elite teams of victim specialists they deploy when something really bad happens: what they call a mass casualty event. That means a bombing, a massacre or a terrorist attack.
Dr. Steve Porter is a clinical neuropsychologist who used to work with special forces in the military.
"It's a very demanding process," Porter says of the victim-assistance rapid-deployment teams. "These people who volunteer to be on this have to be able to leave in a moment's notice, almost. ... They have to be on call 24/7. They never know when they're going to get called."
They need to be able to help with basic needs, Porter says, such as safety, food, shelter and clothing.
In cases they know about in advance, such as raids on brothels where young women are trafficked, FBI social workers say they plan ahead: buying T-shirts, sweat pants and flip-flops for women inside who might need them.
"There are so many things we can't do for them — we can't alleviate their loss — but we do try to provide for those practical needs and a lot of that starts with information," says Kathryn Turman, who created the victim-assistance office at the FBI 10 years ago this December.
Sometimes that means a little something more. In the early days, not long after Turman started the unit at the FBI, she reached out to a woman whose husband had been killed in a bombing in Iraq.
"I said, 'I wanted to say how sorry we are about your husband's murder,'" Turman says. "And she said, 'You're the first person who's used that word.' And that's what it was: It was a murder."
Turman and the FBI office she leads represent a pioneering philosophy, says Mai Fernandez, who directs the National Center for Victims of Crime, a nonprofit advocacy group."
"When FBI agents arrive at the scene of a shooting or a terrorist attack, there's often someone else standing in the background. It's a representative from the FBI's Office for Victim Assistance, there to help people suffering in the aftermath of a disaster.
The planning for those unfortunate days starts here, in a windowless conference room in the J. Edgar Hoover FBI building, where seven serious-looking people are sitting around a table.
They're talking about how to pick volunteers to serve on five elite teams of victim specialists they deploy when something really bad happens: what they call a mass casualty event. That means a bombing, a massacre or a terrorist attack.
Dr. Steve Porter is a clinical neuropsychologist who used to work with special forces in the military.
"It's a very demanding process," Porter says of the victim-assistance rapid-deployment teams. "These people who volunteer to be on this have to be able to leave in a moment's notice, almost. ... They have to be on call 24/7. They never know when they're going to get called."
They need to be able to help with basic needs, Porter says, such as safety, food, shelter and clothing.
In cases they know about in advance, such as raids on brothels where young women are trafficked, FBI social workers say they plan ahead: buying T-shirts, sweat pants and flip-flops for women inside who might need them.
"There are so many things we can't do for them — we can't alleviate their loss — but we do try to provide for those practical needs and a lot of that starts with information," says Kathryn Turman, who created the victim-assistance office at the FBI 10 years ago this December.
Sometimes that means a little something more. In the early days, not long after Turman started the unit at the FBI, she reached out to a woman whose husband had been killed in a bombing in Iraq.
"I said, 'I wanted to say how sorry we are about your husband's murder,'" Turman says. "And she said, 'You're the first person who's used that word.' And that's what it was: It was a murder."
Turman and the FBI office she leads represent a pioneering philosophy, says Mai Fernandez, who directs the National Center for Victims of Crime, a nonprofit advocacy group."
Wednesday, November 23, 2011
The Charlotte Post - Challenge to Racial Justice Act
The Charlotte Post - Challenge to Racial Justice Act
"Two years after it became law, the Racial Justice Act is under attack by N.C. district attorneys who fear it could wreak havoc on public safety and want it repealed.
“No district attorney supports race as a factor in either death penalty cases or in the criminal justice system in general,” Susan Doyle, president of the North Carolina Conference of District Attorneys, said in a statement. “While the name of the act sounds well-intentioned, the actual application is a threat to justice, truth and public safety.”
Supporters of the RJA, which prohibits seeking or imposing the death penalty on the basis of race, say that it is not a get of jail pass. For those who prove racial discrimination, their sentence will be commuted to a life without parole.
“It doesn’t let anybody get out of jail,” said Rep. Larry Womble, D-Forsyth, a primary sponsor of the act. “You have to spend the rest of your life in jail.”
But Doyle said that argument is misleading because prior to October 1, 1994, life without parole wasn’t an option under the Fair Sentencing Act, which governed sentencing during the 1980s and early 1990s. Anyone who committed a crime under that law would be eligible for parole after 20 years, which would include time served.
“The most concerning thing is that the law as it’s currently written could allow anywhere from 73 to 90 people who are currently death row inmates to be immediately considered for parole if their death sentences were vacated and life imposed,” she said.
A letter addressed to N.C. Sen. Phil Berger (D-Guilford), president pro tempore, on Nov. 14 on behalf of all 44 district attorneys, calls for an amendment the RJA. All but two of the DAs are white, and only one attorney didn’t sign the resolution. Durham District Attorney Tracey Cline, who didn’t sign it, declined comment.
The letter came just days after prosecutors failed in their attempt to stop Gregory Weeks, an African-American superior court judge, from presiding over the state’s first RJA case.
The N.C. RJA allows for relevant evidence to be used including statistical evidence to establish that race was a significant factor in seeking or imposing the death penalty."
"Two years after it became law, the Racial Justice Act is under attack by N.C. district attorneys who fear it could wreak havoc on public safety and want it repealed.
“No district attorney supports race as a factor in either death penalty cases or in the criminal justice system in general,” Susan Doyle, president of the North Carolina Conference of District Attorneys, said in a statement. “While the name of the act sounds well-intentioned, the actual application is a threat to justice, truth and public safety.”
Supporters of the RJA, which prohibits seeking or imposing the death penalty on the basis of race, say that it is not a get of jail pass. For those who prove racial discrimination, their sentence will be commuted to a life without parole.
“It doesn’t let anybody get out of jail,” said Rep. Larry Womble, D-Forsyth, a primary sponsor of the act. “You have to spend the rest of your life in jail.”
But Doyle said that argument is misleading because prior to October 1, 1994, life without parole wasn’t an option under the Fair Sentencing Act, which governed sentencing during the 1980s and early 1990s. Anyone who committed a crime under that law would be eligible for parole after 20 years, which would include time served.
“The most concerning thing is that the law as it’s currently written could allow anywhere from 73 to 90 people who are currently death row inmates to be immediately considered for parole if their death sentences were vacated and life imposed,” she said.
A letter addressed to N.C. Sen. Phil Berger (D-Guilford), president pro tempore, on Nov. 14 on behalf of all 44 district attorneys, calls for an amendment the RJA. All but two of the DAs are white, and only one attorney didn’t sign the resolution. Durham District Attorney Tracey Cline, who didn’t sign it, declined comment.
The letter came just days after prosecutors failed in their attempt to stop Gregory Weeks, an African-American superior court judge, from presiding over the state’s first RJA case.
The N.C. RJA allows for relevant evidence to be used including statistical evidence to establish that race was a significant factor in seeking or imposing the death penalty."
Tuesday, November 22, 2011
NCAI: Congress deals setback to tribal justice
NCAI: Congress deals setback to tribal justice
"According to studies, Indian reservations nationwide face violent crime rates more than 2.5 times the national rate, and some reservations face more than 20 times the national rate of violence.
WASHINGTON – Leaders of the National Congress of American Indians said the U.S. Congress has leveled a major setback to Indian tribes in need of critical resources to combat the highest crime rates in the country.
Congress’s decision to cut more than $90 million from proposed funding for Department of Justice measures in Indian Country leaves tribal law enforcement and federal personnel with far too few resources to fight crime on tribal lands, NCAI officials said.
Signed into law in 2010 with bipartisan support, the Tribal Law & Order Act sets out to reduce crime in Indian Country by making improvements to the way criminal justice is administered on tribal lands and reauthorizing critical tribal justice programs.
On Nov. 14, Congress released the fiscal year 2012 Appropriations Conference Report for Commerce, Justice, Science and Related Agencies. The report shows funding cuts for tribal justice programs across the board and did not include a proposed 7 percent tribal set-aside for all discretionary Office of Justice Programs.
The report also proposes $15 million cuts to both the COPS Tribal Resources Grant Program and the Tribal Youth Program. Funding for tribal assistance within OJP was also cut, receiving only $38 million – $62 million short of the approximate $100 million initially proposed in President Barack Obama’s FY 2012 budget request.
NCAI officials said the funding cut is a failure of significant proportions and will make the act’s intended goals difficult to attain."
"According to studies, Indian reservations nationwide face violent crime rates more than 2.5 times the national rate, and some reservations face more than 20 times the national rate of violence.
WASHINGTON – Leaders of the National Congress of American Indians said the U.S. Congress has leveled a major setback to Indian tribes in need of critical resources to combat the highest crime rates in the country.
Congress’s decision to cut more than $90 million from proposed funding for Department of Justice measures in Indian Country leaves tribal law enforcement and federal personnel with far too few resources to fight crime on tribal lands, NCAI officials said.
Signed into law in 2010 with bipartisan support, the Tribal Law & Order Act sets out to reduce crime in Indian Country by making improvements to the way criminal justice is administered on tribal lands and reauthorizing critical tribal justice programs.
On Nov. 14, Congress released the fiscal year 2012 Appropriations Conference Report for Commerce, Justice, Science and Related Agencies. The report shows funding cuts for tribal justice programs across the board and did not include a proposed 7 percent tribal set-aside for all discretionary Office of Justice Programs.
The report also proposes $15 million cuts to both the COPS Tribal Resources Grant Program and the Tribal Youth Program. Funding for tribal assistance within OJP was also cut, receiving only $38 million – $62 million short of the approximate $100 million initially proposed in President Barack Obama’s FY 2012 budget request.
NCAI officials said the funding cut is a failure of significant proportions and will make the act’s intended goals difficult to attain."
Monday, November 21, 2011
Oddly, Texas can teach the UK a thing or two on criminal justice | Ian Birrell | Comment is free | The Guardian
Oddly, Texas can teach the UK a thing or two on criminal justice | Ian Birrell | Comment is free | The Guardian
"Hang 'em high Texas is not the first place you might look for lessons in criminal justice. The lone star state prides itself on
its toughness, with more executions and fewer bleeding hearts than
elsewhere in America, the most hardline state in a nation that locks
up more miscreants than anywhere else in the world. But it is the unlikely centre of a revolution in prison reform sweeping the US, overthrowing decades of failed polices and sterile debate driven by politicians scared of being seen as soft. The state has cut crime, costs and the numbers in jail to such an extent it has just shut a high-security prison for the first time in history.
What makes this prison revolt even more unexpected is that it is led by some of the most conservative figures in politics. They have decided – correctly – that an expensive prison system repeatedly locking up the same people is a sign of failure. As a result, they have endorsed policies traditionally seen as liberal to keep people out of jail.
The right in Britain should take note as our prison population hits record highs. Just as in this country, politicians in Texas were desperate to be seen as being tough on crime. There was reckless rhetoric and endless headline-grabbing legislation, including the ludicrous three-strikes law that led to life sentences for a third offence – even when that was stealing a slice of pizza.
Inevitably, prison populations and spending soared. The costs of incarceration rose fourfold in two decades. America now accounts for a quarter of all prisoners on the planet – and two-thirds of new inmates are recidivists.
Then Texas decided enough was enough. Four years ago, it was told to spend another $2bn on 17,332 new prison places. Instead, the state opted to invest in halfway houses to help those leaving prison and schemes to aid addicted and mentally ill offenders. Since then, taxpayers have saved a billion dollars, violent crime has fallen to its lowest level for three decades, and the right has seen the light on criminal justice. More than a dozen states have made similar moves, with some of the most doughty bastions of conservatism softening sentencing policies and shifting emphasis to treatment, training, early release and community-based punishments. A campaign called Right On Crime has been launched to promote the idea, supported by conservative standard-bearers such as Jeb Bush and Newt Gingrich.
The driving force was financial. But it makes perfect sense for the right. As the group's website says, turning law-breakers into law-abiding citizens should be a conservative priority because it advances public safety and the rule of law. The cause unites libertarians wanting to scale back the state, fiscal conservatives seeking to reduce spending, social conservatives concerned by family breakdown, and a religious right that believes in redemption.
Is it too much to hope for a similar outbreak of common sense in Britain? Among the biggest disappointments of the Blair and Brown governments was their pandering to the right on crime, with 28 criminal justice bills. The coalition has tried to adopt a more evidence-based approach, with an emphasis on rehabilitation and payment by results, but is wobbling in the face of fury on the backbenches and in the media."
"Hang 'em high Texas is not the first place you might look for lessons in criminal justice. The lone star state prides itself on
its toughness, with more executions and fewer bleeding hearts than
elsewhere in America, the most hardline state in a nation that locks
up more miscreants than anywhere else in the world. But it is the unlikely centre of a revolution in prison reform sweeping the US, overthrowing decades of failed polices and sterile debate driven by politicians scared of being seen as soft. The state has cut crime, costs and the numbers in jail to such an extent it has just shut a high-security prison for the first time in history.
What makes this prison revolt even more unexpected is that it is led by some of the most conservative figures in politics. They have decided – correctly – that an expensive prison system repeatedly locking up the same people is a sign of failure. As a result, they have endorsed policies traditionally seen as liberal to keep people out of jail.
The right in Britain should take note as our prison population hits record highs. Just as in this country, politicians in Texas were desperate to be seen as being tough on crime. There was reckless rhetoric and endless headline-grabbing legislation, including the ludicrous three-strikes law that led to life sentences for a third offence – even when that was stealing a slice of pizza.
Inevitably, prison populations and spending soared. The costs of incarceration rose fourfold in two decades. America now accounts for a quarter of all prisoners on the planet – and two-thirds of new inmates are recidivists.
Then Texas decided enough was enough. Four years ago, it was told to spend another $2bn on 17,332 new prison places. Instead, the state opted to invest in halfway houses to help those leaving prison and schemes to aid addicted and mentally ill offenders. Since then, taxpayers have saved a billion dollars, violent crime has fallen to its lowest level for three decades, and the right has seen the light on criminal justice. More than a dozen states have made similar moves, with some of the most doughty bastions of conservatism softening sentencing policies and shifting emphasis to treatment, training, early release and community-based punishments. A campaign called Right On Crime has been launched to promote the idea, supported by conservative standard-bearers such as Jeb Bush and Newt Gingrich.
The driving force was financial. But it makes perfect sense for the right. As the group's website says, turning law-breakers into law-abiding citizens should be a conservative priority because it advances public safety and the rule of law. The cause unites libertarians wanting to scale back the state, fiscal conservatives seeking to reduce spending, social conservatives concerned by family breakdown, and a religious right that believes in redemption.
Is it too much to hope for a similar outbreak of common sense in Britain? Among the biggest disappointments of the Blair and Brown governments was their pandering to the right on crime, with 28 criminal justice bills. The coalition has tried to adopt a more evidence-based approach, with an emphasis on rehabilitation and payment by results, but is wobbling in the face of fury on the backbenches and in the media."
Friday, November 18, 2011
Youngstown News, Mental health courts: A good idea then and even better now
Youngstown News, Mental health courts: A good idea then and even better now
"Ohio Supreme Court Justice Eve- lyn Lundberg Stratton and Attorney General Mike DeWine are once again collaborating in the important work of breaking a pattern that too often ends with mentally ill people facing criminal charges and ending up in jail or prison.
Nearly a decade ago, Justice Stratton was working her way around the state touting federal legislation that had been authored by then-U.S. Sen. Mike DeWine, R-Ohio, and U.S. Rep. Ted Strickland, D-6th, that encouraged development of mental health courts. At the time, we urged Mahoning County to pursue establishment of one, and it did so.
Today, Mahoning County Common Pleas Judge Maureen A. Sweeney presides over the court, which is one of 37 in the state. The court works with mental health agencies in the county to provide a better, cheaper and more just alternative than jail for nonviolent offenders who are battling mental health issues.
The movement toward recognizing the need for intervention and an alternative to incarceration followed the deinstitutionalization movement and the closing of state mental health facilities decades ago. The motives of that movement may have been pure and even necessary in an age when too many people were too easily confined to institutions. But the effect was also to put many people on the streets who still had mental health issues and who were, for a variety of reasons, not receiving treatment or medication.
And in that environment, those people ended up arrested, in court and, often, in prison. Back in 2000, the Ohio Department of Rehabilitation and Correction said it was housing 6,393 mentally ill inmates, 3,051 of whom were classified as severely mentally disabled. Five years later, mentally ill inmates were still an enormous burden on the Department of Corrections, with $64 million spent in 2006 on mental health care for inmates — more than was spent on food for all inmates."
"Ohio Supreme Court Justice Eve- lyn Lundberg Stratton and Attorney General Mike DeWine are once again collaborating in the important work of breaking a pattern that too often ends with mentally ill people facing criminal charges and ending up in jail or prison.
Nearly a decade ago, Justice Stratton was working her way around the state touting federal legislation that had been authored by then-U.S. Sen. Mike DeWine, R-Ohio, and U.S. Rep. Ted Strickland, D-6th, that encouraged development of mental health courts. At the time, we urged Mahoning County to pursue establishment of one, and it did so.
Today, Mahoning County Common Pleas Judge Maureen A. Sweeney presides over the court, which is one of 37 in the state. The court works with mental health agencies in the county to provide a better, cheaper and more just alternative than jail for nonviolent offenders who are battling mental health issues.
The movement toward recognizing the need for intervention and an alternative to incarceration followed the deinstitutionalization movement and the closing of state mental health facilities decades ago. The motives of that movement may have been pure and even necessary in an age when too many people were too easily confined to institutions. But the effect was also to put many people on the streets who still had mental health issues and who were, for a variety of reasons, not receiving treatment or medication.
And in that environment, those people ended up arrested, in court and, often, in prison. Back in 2000, the Ohio Department of Rehabilitation and Correction said it was housing 6,393 mentally ill inmates, 3,051 of whom were classified as severely mentally disabled. Five years later, mentally ill inmates were still an enormous burden on the Department of Corrections, with $64 million spent in 2006 on mental health care for inmates — more than was spent on food for all inmates."
Thursday, November 17, 2011
Quebec Justice minister challenges senator over anti-crime bill
Quebec Justice minister challenges senator over anti-crime bill
"QUEBEC — Justice Minister Jean-Marc Fournier issued a challenge Wednesday to Senator Pierre-Hugues Boisvenu, after the Conservative senator said Quebec is “soft on crime,” to come up with scientific evidence that Ottawa’s proposal for stiffer sentences will work better.
“Give us one document,” Fournier told reporters, calling Boisvenu’s position “demagogic.”
“I can give you until Friday,” the minister added.
“If they are right, they will not be afraid to have a debate with scientific studies in the name of victims in Quebec and across Canada.”
Fournier is incensed that the Harper government is ignoring his advice and pushing ahead with C-10, the Safe Streets and Communities Act, an omnibus bill calling for mandatory and longer sentences, with sweeping amendments to the Criminal Code and related laws.
“Stop the C-10 express and give us time to do things properly,” Fournier told reporters.
Boisvenu said at an Ottawa news conference that Fournier’s assessment of C-10 is wrong.
Boisvenu’s daughter Julie was kidnapped, raped and murdered in 2002 by a 27-year-old man out of prison on parole after being convicted of a sexual offence.
The Quebec minister objects that changes in C-10 to the Youth Criminal Justice Act, to treat some young offenders as adults, would undo Quebec’s practice of counselling and rehabilitating minors who commit crimes so they do not become repeat offenders.
Boisvenu said only three per cent of young offenders would be effected by C-10, those committing violent crimes, such as murder or aggravated sexual assault."
Read more: http://www.montrealgazette.com/news/Quebec+Justice+minister+challenges+senator+over+anti+crime+bill/5722274/story.html#ixzz1dyqf1Tzj
"QUEBEC — Justice Minister Jean-Marc Fournier issued a challenge Wednesday to Senator Pierre-Hugues Boisvenu, after the Conservative senator said Quebec is “soft on crime,” to come up with scientific evidence that Ottawa’s proposal for stiffer sentences will work better.
“Give us one document,” Fournier told reporters, calling Boisvenu’s position “demagogic.”
“I can give you until Friday,” the minister added.
“If they are right, they will not be afraid to have a debate with scientific studies in the name of victims in Quebec and across Canada.”
Fournier is incensed that the Harper government is ignoring his advice and pushing ahead with C-10, the Safe Streets and Communities Act, an omnibus bill calling for mandatory and longer sentences, with sweeping amendments to the Criminal Code and related laws.
“Stop the C-10 express and give us time to do things properly,” Fournier told reporters.
Boisvenu said at an Ottawa news conference that Fournier’s assessment of C-10 is wrong.
Boisvenu’s daughter Julie was kidnapped, raped and murdered in 2002 by a 27-year-old man out of prison on parole after being convicted of a sexual offence.
The Quebec minister objects that changes in C-10 to the Youth Criminal Justice Act, to treat some young offenders as adults, would undo Quebec’s practice of counselling and rehabilitating minors who commit crimes so they do not become repeat offenders.
Boisvenu said only three per cent of young offenders would be effected by C-10, those committing violent crimes, such as murder or aggravated sexual assault."
Read more: http://www.montrealgazette.com/news/Quebec+Justice+minister+challenges+senator+over+anti+crime+bill/5722274/story.html#ixzz1dyqf1Tzj
Wednesday, November 16, 2011
Lying on the Internet could soon be a federal crime
Lying on the Internet could soon be a federal crime
"The US Department of Justice wants to make it a federal crime to violate the “terms of service” of any website, reports Declan McCullagh at CNet. According to this interpretation, breaching the terms of service of websites — which can be done by simply using a fake name on Facebook, lying about your weight on a dating site, or using Google if you’re under the age of 18 — could make you a criminal.
According to a leaked statement that Richard Downing, the DoJ’s deputy computer crime chief, will reportedly deliver to Congress on Wednesday, the DoJ will argue that the Computer Fraud and Abuse Act (CFAA) — an amendment to the Counterfeit Access Device and Abuse Act generally used to prosecute hacking and other serious cyber-crimes, and which went into effect way back in 1986 — must give prosecutors the ability to charge people “based upon a violation of terms of service or similar contractual agreement with an employer or provider.”
According to Downing, the expansion of this law is necessary for law enforcement to prosecute individuals for identity theft, privacy invasion or the misuse of government databases, among other infractions. Limiting “prosecutions based upon a violation of terms of service… would make it difficult or impossible to deter and address serious insider threats through prosecution,” Downing is expected to say.
Just to reiterate, in case you didn’t catch that sly turn of legalese, the DoJ is saying that not allowing them to prosecute people for violating websites’ terms of service would make it “more difficult or impossible” to scare people with the threat of prosecution. Yay, America!
Of course, if the DoJ is permitted to act upon the CFAA in the way they want, a vast number of Internet users would be in violation of federal law, especially because almost nobody even reads terms of service, let alone follows them to the letter. Fortunately, some very smart and authoritative people will be present to argue this very fact.
Orin S. Kerr, professor of George Washington University Law School, will testify against the Department of Justice, arguing that the DoJ’s interpretation of the CFAA is “extraordinarily broad.”
For example, Kerr explains that Google’s terms of service stipulate that if ““you are not of legal age to form a binding contract with Google,” you are forbidden from using any of its sites or services. Seeing as the legal age of contract in most states is 18, “a 17-year-old who conducts a Google search in the course of researching a term paper has likely violated Google’s Terms of Service. According to the Justice Department’s interpretation of the statute, he or she is a criminal,” writes Kerr."
"The US Department of Justice wants to make it a federal crime to violate the “terms of service” of any website, reports Declan McCullagh at CNet. According to this interpretation, breaching the terms of service of websites — which can be done by simply using a fake name on Facebook, lying about your weight on a dating site, or using Google if you’re under the age of 18 — could make you a criminal.
According to a leaked statement that Richard Downing, the DoJ’s deputy computer crime chief, will reportedly deliver to Congress on Wednesday, the DoJ will argue that the Computer Fraud and Abuse Act (CFAA) — an amendment to the Counterfeit Access Device and Abuse Act generally used to prosecute hacking and other serious cyber-crimes, and which went into effect way back in 1986 — must give prosecutors the ability to charge people “based upon a violation of terms of service or similar contractual agreement with an employer or provider.”
According to Downing, the expansion of this law is necessary for law enforcement to prosecute individuals for identity theft, privacy invasion or the misuse of government databases, among other infractions. Limiting “prosecutions based upon a violation of terms of service… would make it difficult or impossible to deter and address serious insider threats through prosecution,” Downing is expected to say.
Just to reiterate, in case you didn’t catch that sly turn of legalese, the DoJ is saying that not allowing them to prosecute people for violating websites’ terms of service would make it “more difficult or impossible” to scare people with the threat of prosecution. Yay, America!
Of course, if the DoJ is permitted to act upon the CFAA in the way they want, a vast number of Internet users would be in violation of federal law, especially because almost nobody even reads terms of service, let alone follows them to the letter. Fortunately, some very smart and authoritative people will be present to argue this very fact.
Orin S. Kerr, professor of George Washington University Law School, will testify against the Department of Justice, arguing that the DoJ’s interpretation of the CFAA is “extraordinarily broad.”
For example, Kerr explains that Google’s terms of service stipulate that if ““you are not of legal age to form a binding contract with Google,” you are forbidden from using any of its sites or services. Seeing as the legal age of contract in most states is 18, “a 17-year-old who conducts a Google search in the course of researching a term paper has likely violated Google’s Terms of Service. According to the Justice Department’s interpretation of the statute, he or she is a criminal,” writes Kerr."
Tuesday, November 15, 2011
Few Felons Should Have Guns - Room for Debate - NYTimes.com
Few Felons Should Have Guns - Room for Debate - NYTimes.com
"Laws that strip felons of their right to vote after they have served their sentences are bad public policy. I see no public interest in denying individuals their voting rights. Such policies can encourage discriminatory criminal justice policies and worsen the mistrust many minority communities feel toward law enforcement.
In contrast, there is a clear public interest in restricting the ability of felons to possess firearms. Michael Luo’s investigative report in The Times clearly demonstrates the harmful effects of allowing felons to have guns. As Luo reports, research has shown that denying handgun purchases to people convicted of serious misdemeanors reduces the risk of committing new violent crimes by 20 to 30 percent. Restoring felons’ right to legally possess firearms comes at a cost: more gun violence and innocent lives lost.
Although there is a division of opinion in the U.S. about guns generally, polls show overwhelming support for policies designed to keep guns from people with a history of criminality. And public opinion is consistent with the data on ex-convicts and crime. Individuals convicted of crimes, even nonviolent misdemeanors, are on average many times more likely than law-abiding citizens to subsequently commit acts of violence."
"Laws that strip felons of their right to vote after they have served their sentences are bad public policy. I see no public interest in denying individuals their voting rights. Such policies can encourage discriminatory criminal justice policies and worsen the mistrust many minority communities feel toward law enforcement.
In contrast, there is a clear public interest in restricting the ability of felons to possess firearms. Michael Luo’s investigative report in The Times clearly demonstrates the harmful effects of allowing felons to have guns. As Luo reports, research has shown that denying handgun purchases to people convicted of serious misdemeanors reduces the risk of committing new violent crimes by 20 to 30 percent. Restoring felons’ right to legally possess firearms comes at a cost: more gun violence and innocent lives lost.
Although there is a division of opinion in the U.S. about guns generally, polls show overwhelming support for policies designed to keep guns from people with a history of criminality. And public opinion is consistent with the data on ex-convicts and crime. Individuals convicted of crimes, even nonviolent misdemeanors, are on average many times more likely than law-abiding citizens to subsequently commit acts of violence."
Thursday, November 10, 2011
N.J. launches program to help veterans in criminal justice system | State | NewJerseyNewsroom.com -- Your State. Your News.
N.J. launches program to help veterans in criminal justice system | State | NewJerseyNewsroom.com -- Your State. Your News.
"The state government has teamed up with federal, and Atlantic County officials to launch a pilot program in in the county aimed at identifying and providing community-based services to veterans and active duty military personnel who become involved in the criminal justice system.
State Attorney General Paula T. Dow announced Wednesday in Mays Landing that a two-year Veterans Pilot Initiative will attempt to provide community-based programs such as mental health and substance abuse treatment, anger management and family counseling to eligible veterans and active duty military personnel who find themselves in trouble with the law and the crime appears related to a substance abuse or mental health issue.
The program will offer eligible criminal defendants who are veterans and/or active duty military personnel with a substance abuse problem or mental health illness the opportunity to receive counseling or treatment under strict guidelines and in lieu of incarceration. Prosecutors will work with licensed treatment professionals in identifying viable participants and with both public and private defense counsel on plea agreements that ensure compliance with a treatment regimen.
“The collaboration among the agencies involved in the initiative reflects growing awareness of the strains our men and women in uniform experience when they return home from war,” Dow said. “Unfortunately, this can result in drug or mental health issues that result in criminal activity. For those who serve in our armed forces, where we can, and where it is appropriate, the justice system should marshal its resources to help get them back on the right path.”
“I am proud that this initiative will be led by the men and women in Atlantic County for the next two years,” Atlantic Prosecutor, Theodore F.L. Housel said. “This office has always understood the issues facing veterans. Those of us who were Assistant Prosecutors in the late 1970’s and 1980’s vividly remember the Vietnam veterans who became involved with the criminal justice system because of experiences that occurred overseas. Like those individuals, the men and women who have served our country in Iraq and Afghanistan deserve our understanding and help. Combat-related trauma can have devastating effects on the physical and mental well-being of our soldiers for years following deployment; this program is designed to ameliorate some of those effects.”
As part of the program, if a person who is charged with committing a crime in Atlantic County is a veteran, a member of the reserve or active duty military personnel, he or she will be screened and evaluated by a licensed clinician from Jewish Family Services, a contracted service provider in Atlantic County."
"The state government has teamed up with federal, and Atlantic County officials to launch a pilot program in in the county aimed at identifying and providing community-based services to veterans and active duty military personnel who become involved in the criminal justice system.
State Attorney General Paula T. Dow announced Wednesday in Mays Landing that a two-year Veterans Pilot Initiative will attempt to provide community-based programs such as mental health and substance abuse treatment, anger management and family counseling to eligible veterans and active duty military personnel who find themselves in trouble with the law and the crime appears related to a substance abuse or mental health issue.
The program will offer eligible criminal defendants who are veterans and/or active duty military personnel with a substance abuse problem or mental health illness the opportunity to receive counseling or treatment under strict guidelines and in lieu of incarceration. Prosecutors will work with licensed treatment professionals in identifying viable participants and with both public and private defense counsel on plea agreements that ensure compliance with a treatment regimen.
“The collaboration among the agencies involved in the initiative reflects growing awareness of the strains our men and women in uniform experience when they return home from war,” Dow said. “Unfortunately, this can result in drug or mental health issues that result in criminal activity. For those who serve in our armed forces, where we can, and where it is appropriate, the justice system should marshal its resources to help get them back on the right path.”
“I am proud that this initiative will be led by the men and women in Atlantic County for the next two years,” Atlantic Prosecutor, Theodore F.L. Housel said. “This office has always understood the issues facing veterans. Those of us who were Assistant Prosecutors in the late 1970’s and 1980’s vividly remember the Vietnam veterans who became involved with the criminal justice system because of experiences that occurred overseas. Like those individuals, the men and women who have served our country in Iraq and Afghanistan deserve our understanding and help. Combat-related trauma can have devastating effects on the physical and mental well-being of our soldiers for years following deployment; this program is designed to ameliorate some of those effects.”
As part of the program, if a person who is charged with committing a crime in Atlantic County is a veteran, a member of the reserve or active duty military personnel, he or she will be screened and evaluated by a licensed clinician from Jewish Family Services, a contracted service provider in Atlantic County."
Wednesday, November 9, 2011
10 convicts are offered last chance in new police program
10 convicts are offered last chance in new police program
"It was an intervention of community proportions — with the added muscle of local, state and federal law enforcement and criminal justice agencies — for 10 of the worst repeat violent offenders in Madison.
And at least some of those who earned the distinction were glad to be part of the first call-in Tuesday for a new Madison Police Department initiative whose message rang out repeatedly from representatives of the FBI to the City Attorney’s Office to community members.
“Your violence will no longer be tolerated in this community,” Madison Police Chief Noble Wray told the 10. “Consider yourself under a microscope.”
Christopher Cole of the FBI said: “We know who you are. We’re watching,” referring to the agency’s surveillance and wiretapping.
But along with the promise of swift arrest and prosecution — in federal court for gun, drug and even tax offenses — and the full force of the law crashing down on them came offers of help in finding a job and housing, getting counseling and earning a GED.
“I’m glad I came,” said Carlton Harris, 30, of Madison, who got out of prison in May after serving six years for possession of firearms. “The resources was what I liked the most.”
Once involved in gangs, Harris said he plans to get married Nov. 25 and hopes to find a better job, further his education and benefit from mentoring.
“I think that it’s a very good thing,” his fiance, Angela Jadoo, said of the program."
Read more: http://host.madison.com/wsj/news/local/crime_and_courts/convicts-are-offered-last-chance-in-new-police-program/article_03baa4df-9f22-5397-aa26-cbe59ad93b1c.html#ixzz1dE5luaRu
"It was an intervention of community proportions — with the added muscle of local, state and federal law enforcement and criminal justice agencies — for 10 of the worst repeat violent offenders in Madison.
And at least some of those who earned the distinction were glad to be part of the first call-in Tuesday for a new Madison Police Department initiative whose message rang out repeatedly from representatives of the FBI to the City Attorney’s Office to community members.
“Your violence will no longer be tolerated in this community,” Madison Police Chief Noble Wray told the 10. “Consider yourself under a microscope.”
Christopher Cole of the FBI said: “We know who you are. We’re watching,” referring to the agency’s surveillance and wiretapping.
But along with the promise of swift arrest and prosecution — in federal court for gun, drug and even tax offenses — and the full force of the law crashing down on them came offers of help in finding a job and housing, getting counseling and earning a GED.
“I’m glad I came,” said Carlton Harris, 30, of Madison, who got out of prison in May after serving six years for possession of firearms. “The resources was what I liked the most.”
Once involved in gangs, Harris said he plans to get married Nov. 25 and hopes to find a better job, further his education and benefit from mentoring.
“I think that it’s a very good thing,” his fiance, Angela Jadoo, said of the program."
Read more: http://host.madison.com/wsj/news/local/crime_and_courts/convicts-are-offered-last-chance-in-new-police-program/article_03baa4df-9f22-5397-aa26-cbe59ad93b1c.html#ixzz1dE5luaRu
Tuesday, November 8, 2011
U.S. Supreme Court rejects killer's appeal - Houston Chronicle
U.S. Supreme Court rejects killer's appeal - Houston Chronicle
"The U.S. Supreme Court today rejected Houston killer Duane Buck's request that it review his death sentence - a punishment handed down despite former Texas Attorney John Cornyn's assessment that it might have been tainted by racial considerations.
The high court stopped Buck's Sept. 15 execution in order to decide whether to take up the case. Buck, 48, was sentenced to die for the July 1995 murders of his former girlfriend, Debra Gardner, and her friend, Kenneth Butler. Buck also shot his sister, Phyllis Taylor, in the chest at point-blank range, but she survived and later argued that the killer should be spared.
The approaching execution of Buck, an African American, brought other pleas for mercy, including one from a former Harris County assistant district attorney who had assisted in his prosecution.
At issue was testimony in the trial's punishment phase from psychologist Walter Quijano, who, on cross-examination, said being black could contribute to the killer's "future dangerousness" in prison. Future dangerousness is a key factor jurors consider before assessing a death sentence.
Cornyn in 2000 identified Buck's case as one of six that may have been compromised by Quijano's testimony The other five convicted killers ultimately received new punishment hearings and again were sentenced to death."
"The U.S. Supreme Court today rejected Houston killer Duane Buck's request that it review his death sentence - a punishment handed down despite former Texas Attorney John Cornyn's assessment that it might have been tainted by racial considerations.
The high court stopped Buck's Sept. 15 execution in order to decide whether to take up the case. Buck, 48, was sentenced to die for the July 1995 murders of his former girlfriend, Debra Gardner, and her friend, Kenneth Butler. Buck also shot his sister, Phyllis Taylor, in the chest at point-blank range, but she survived and later argued that the killer should be spared.
The approaching execution of Buck, an African American, brought other pleas for mercy, including one from a former Harris County assistant district attorney who had assisted in his prosecution.
At issue was testimony in the trial's punishment phase from psychologist Walter Quijano, who, on cross-examination, said being black could contribute to the killer's "future dangerousness" in prison. Future dangerousness is a key factor jurors consider before assessing a death sentence.
Cornyn in 2000 identified Buck's case as one of six that may have been compromised by Quijano's testimony The other five convicted killers ultimately received new punishment hearings and again were sentenced to death."
U.S. Supreme Court rejects killer's appeal - Houston Chronicle
U.S. Supreme Court rejects killer's appeal - Houston Chronicle
"The U.S. Supreme Court today rejected Houston killer Duane Buck's request that it review his death sentence - a punishment handed down despite former Texas Attorney John Cornyn's assessment that it might have been tainted by racial considerations.
The high court stopped Buck's Sept. 15 execution in order to decide whether to take up the case. Buck, 48, was sentenced to die for the July 1995 murders of his former girlfriend, Debra Gardner, and her friend, Kenneth Butler. Buck also shot his sister, Phyllis Taylor, in the chest at point-blank range, but she survived and later argued that the killer should be spared.
The approaching execution of Buck, an African American, brought other pleas for mercy, including one from a former Harris County assistant district attorney who had assisted in his prosecution.
At issue was testimony in the trial's punishment phase from psychologist Walter Quijano, who, on cross-examination, said being black could contribute to the killer's "future dangerousness" in prison. Future dangerousness is a key factor jurors consider before assessing a death sentence.
Cornyn in 2000 identified Buck's case as one of six that may have been compromised by Quijano's testimony The other five convicted killers ultimately received new punishment hearings and again were sentenced to death."
"The U.S. Supreme Court today rejected Houston killer Duane Buck's request that it review his death sentence - a punishment handed down despite former Texas Attorney John Cornyn's assessment that it might have been tainted by racial considerations.
The high court stopped Buck's Sept. 15 execution in order to decide whether to take up the case. Buck, 48, was sentenced to die for the July 1995 murders of his former girlfriend, Debra Gardner, and her friend, Kenneth Butler. Buck also shot his sister, Phyllis Taylor, in the chest at point-blank range, but she survived and later argued that the killer should be spared.
The approaching execution of Buck, an African American, brought other pleas for mercy, including one from a former Harris County assistant district attorney who had assisted in his prosecution.
At issue was testimony in the trial's punishment phase from psychologist Walter Quijano, who, on cross-examination, said being black could contribute to the killer's "future dangerousness" in prison. Future dangerousness is a key factor jurors consider before assessing a death sentence.
Cornyn in 2000 identified Buck's case as one of six that may have been compromised by Quijano's testimony The other five convicted killers ultimately received new punishment hearings and again were sentenced to death."
Monday, November 7, 2011
Crime victim rights advocates seek constitutional amendment - chicagotribune.com
Crime victim rights advocates seek constitutional amendment - chicagotribune.com
"Years after her 11-year-old daughter was sexually assaulted, Denise Rotheimer wants the right to sue the Lake County prosecutors who sent the offender to jail, saying they defamed her child by telling the judge that the girl "had issues."
In Cook County, Maria Ramirez believes prosecutors violated her rights by refusing to let her file a complaint after she was threatened by relatives of a juvenile charged with her son's 2006 murder.
Both women found that — after floundering through a complex criminal justice system that critics say is weighted toward ensuring the rights of the accused — their rights as crime victims were unenforceable.
Victims of violent crimes "are not the people you want to further victimize or betray," said Rotheimer, who along with her daughter, Jasmine Jimenez, now 21, has filed a federal lawsuit against the Lake County's state's attorney and the state of Illinois. She hopes it leads to a precedent that prosecutors can be held legally accountable.
"I am saying, let's have a right to be able to hold accountable a person who violates or denies you your rights to justice, prosecutor or not," Rotheimer said.
The Illinois Constitution already provides 10 rights for crime victims, including that they be treated with respect, given notice of court hearings and be allowed to attend trials and present victim-impact statements.
But if those rights are violated, there's no mechanism for a crime victim to appeal to a higher court, said Cindy Hora, who heads the Illinois attorney general's crime victim services division. And Illinois is the only state whose constitution specifically prohibits victims from seeking legal remedy through an appeal, Hora said."
"Years after her 11-year-old daughter was sexually assaulted, Denise Rotheimer wants the right to sue the Lake County prosecutors who sent the offender to jail, saying they defamed her child by telling the judge that the girl "had issues."
In Cook County, Maria Ramirez believes prosecutors violated her rights by refusing to let her file a complaint after she was threatened by relatives of a juvenile charged with her son's 2006 murder.
Both women found that — after floundering through a complex criminal justice system that critics say is weighted toward ensuring the rights of the accused — their rights as crime victims were unenforceable.
Victims of violent crimes "are not the people you want to further victimize or betray," said Rotheimer, who along with her daughter, Jasmine Jimenez, now 21, has filed a federal lawsuit against the Lake County's state's attorney and the state of Illinois. She hopes it leads to a precedent that prosecutors can be held legally accountable.
"I am saying, let's have a right to be able to hold accountable a person who violates or denies you your rights to justice, prosecutor or not," Rotheimer said.
The Illinois Constitution already provides 10 rights for crime victims, including that they be treated with respect, given notice of court hearings and be allowed to attend trials and present victim-impact statements.
But if those rights are violated, there's no mechanism for a crime victim to appeal to a higher court, said Cindy Hora, who heads the Illinois attorney general's crime victim services division. And Illinois is the only state whose constitution specifically prohibits victims from seeking legal remedy through an appeal, Hora said."
Friday, November 4, 2011
Katy Welter: Smart Criminal Justice Policies Gain Momentum in Chicago's Cook County
Katy Welter: Smart Criminal Justice Policies Gain Momentum in Chicago's Cook County
"County and city officials have taken bold yet prudent steps toward sensible, cost-effective public safety policies. The county has expanded use of electronic monitoring and the city is now considering issuing a fine in lieu of arrest for marijuana possession -- a move many suburbs have already made.
Both plans aim to relieve the mounting fiscal, political, and humanitarian costs imposed by crowded jails and overburdened police and courts. They also represent incremental steps toward fundamental, systemic reform.
These policy changes will save taxpayers tens of millions of dollars. The Chicago Reader recently reported that city and county officers made approximately 28,000 arrests for marijuana possession last year.
The vast majority of these cases were ultimately dismissed, but not before racking up the substantial processing costs of paperwork and preliminary court hearings. In the case of felony arrests, many defendants who are unable to meet even modest bail requirements spend days or weeks in the county's notoriously crowded jail only to have their cases dismissed.
Electronic monitoring provides a cost-effective alternative to imprisoning a non-violent defendants while their case is pending in court. Offenders wear GPS devices that ensure high rates of compliance and safety.
Since 2009, the county has increased the number of defendants on EM from fewer than 100 to 865 today. That number is now scheduled to jump since County Board President Preckwinkle awarded Sheriff Dart $1 million in October for expansion of the EM program. This is money well spent. EM costs about $65 a day -- less than half of the daily cost to confine someone in Cook County Jail.
Taking a different approach to excessive criminal justice costs, Chicago's City Council this week will consider reducing the penalty for possession small amounts of marijuana possession. Under the proposal, individuals caught with 10 grams (approximately 1/3 of an ounce) or less will be fined $200. Presently, possession of 10 grams or less is a misdemeanor punishable by up to six months in jail."
"County and city officials have taken bold yet prudent steps toward sensible, cost-effective public safety policies. The county has expanded use of electronic monitoring and the city is now considering issuing a fine in lieu of arrest for marijuana possession -- a move many suburbs have already made.
Both plans aim to relieve the mounting fiscal, political, and humanitarian costs imposed by crowded jails and overburdened police and courts. They also represent incremental steps toward fundamental, systemic reform.
These policy changes will save taxpayers tens of millions of dollars. The Chicago Reader recently reported that city and county officers made approximately 28,000 arrests for marijuana possession last year.
The vast majority of these cases were ultimately dismissed, but not before racking up the substantial processing costs of paperwork and preliminary court hearings. In the case of felony arrests, many defendants who are unable to meet even modest bail requirements spend days or weeks in the county's notoriously crowded jail only to have their cases dismissed.
Electronic monitoring provides a cost-effective alternative to imprisoning a non-violent defendants while their case is pending in court. Offenders wear GPS devices that ensure high rates of compliance and safety.
Since 2009, the county has increased the number of defendants on EM from fewer than 100 to 865 today. That number is now scheduled to jump since County Board President Preckwinkle awarded Sheriff Dart $1 million in October for expansion of the EM program. This is money well spent. EM costs about $65 a day -- less than half of the daily cost to confine someone in Cook County Jail.
Taking a different approach to excessive criminal justice costs, Chicago's City Council this week will consider reducing the penalty for possession small amounts of marijuana possession. Under the proposal, individuals caught with 10 grams (approximately 1/3 of an ounce) or less will be fined $200. Presently, possession of 10 grams or less is a misdemeanor punishable by up to six months in jail."
Thursday, November 3, 2011
The Senate's Latest (Unnecessary) Scandal: A Criminal-Justice Commission - Andrew Cohen - Politics - The Atlantic
The Senate's Latest (Unnecessary) Scandal: A Criminal-Justice Commission - Andrew Cohen - Politics - The Atlantic
"Another month, another dismaying example of a smart measure stymied in Congress by Republican intransigence. This time, 43 GOP members of the Senate blocked passage of legislation that would have created a new National Criminal Justice Commission, a bipartisan group designed to help figure out how to bring some order to the chaos that currently exists in the nation's criminal justice systems. The cops supported the bill.
The American Civil Liberties Union supported it. But Senate Republicans wouldn't even allow a merits vote on it. On October 19th, they filibustered.
Predictably, the primary sponsor of the measure, Sen. Jim Webb (D-Va.), was furious. One of the more conservative members of the Democratic caucus, and someone with legitimate street cred when it comes to law and order, Webb took to the Senate floor Tuesday and delivered these biting remarks:
Mr. President, eleven days ago all but four of the Republicans in this body filibustered a common-sense piece of legislation that would have created a national commission designed to bring together some of the best minds in America to examine our broken and frequently dysfunctional criminal justice system, and to make recommendations as to how we can make it more effective, more fair, and more cost-efficient.
This legislation was the product of more than four years of effort. It was paid for. It would have gone out of business after 18 months. It was balanced philosophically. It guaranteed equal representation among Democrats and Republicans in its membership. I must say that at first I was stunned at the filibuster at the hands of 43 Republicans. But on the other hand, Mr. President, it is impossible not to notice, over the past two years, the lamentable decline in bipartisan behavior in this body, even in addressing serious issues of actual governance. I say this with a great deal of regret, both personally and politically.""
"Another month, another dismaying example of a smart measure stymied in Congress by Republican intransigence. This time, 43 GOP members of the Senate blocked passage of legislation that would have created a new National Criminal Justice Commission, a bipartisan group designed to help figure out how to bring some order to the chaos that currently exists in the nation's criminal justice systems. The cops supported the bill.
The American Civil Liberties Union supported it. But Senate Republicans wouldn't even allow a merits vote on it. On October 19th, they filibustered.
Predictably, the primary sponsor of the measure, Sen. Jim Webb (D-Va.), was furious. One of the more conservative members of the Democratic caucus, and someone with legitimate street cred when it comes to law and order, Webb took to the Senate floor Tuesday and delivered these biting remarks:
Mr. President, eleven days ago all but four of the Republicans in this body filibustered a common-sense piece of legislation that would have created a national commission designed to bring together some of the best minds in America to examine our broken and frequently dysfunctional criminal justice system, and to make recommendations as to how we can make it more effective, more fair, and more cost-efficient.
This legislation was the product of more than four years of effort. It was paid for. It would have gone out of business after 18 months. It was balanced philosophically. It guaranteed equal representation among Democrats and Republicans in its membership. I must say that at first I was stunned at the filibuster at the hands of 43 Republicans. But on the other hand, Mr. President, it is impossible not to notice, over the past two years, the lamentable decline in bipartisan behavior in this body, even in addressing serious issues of actual governance. I say this with a great deal of regret, both personally and politically.""
Wednesday, November 2, 2011
Eric E. Sterling: Congress on Speed: Partisan Conflict Led to Many Problems in 1986 Drug Law
Eric E. Sterling: Congress on Speed: Partisan Conflict Led to Many Problems in 1986 Drug Law
"Today, the 112th Congress is stalled, mired in partisan conflict. Last week, the votes of 43 Republican senators blocked the proposal of Senator Jim Webb (D-VA) to create a National Criminal Justice Commission to study and recommend improvements to the criminal justice system. But in the 111th Congress, the proposal passed the House on a voice vote in 2010. This proposal, endorsed by the National Sheriffs Association, the International Association of Chiefs of Police, and the ACLU, had bi-partisan support last year. This year, however, partisan conflict has blocked the measure.
Other times, partisanship has led Congress to move too fast, and that produced trouble. Twenty-five years ago last Thursday (Oct. 27), President Reagan signed the Anti-Drug Abuse Act of 1986, after less than ninety days of jockeying between the Democratic House and Republican Senate.
The political wrangling was triggered by the cocaine death of Maryland basketball star Len Bias on June 19, 1986 as he celebrated signing with the Boston Celtics. In the media blitz following his tragedy, House Speaker "Tip" O'Neill from Boston spotted political opportunity for Democrats to claim anti-drug leadership in time for the election. Eager to complete a package before the August campaigns, the bills were very hastily written. Having spent many hours in the Speaker's conference room helping to write the law as counsel to the House Crime Subcommittee, I was invited to the White House twenty-five years ago. I've followed the results of that law closely.
The law's best known blunders were the long sentences for small amounts of drugs. Congress finally acknowledged the unfairness of crack sentencing and its racial disparity when it passed the Fair Sentencing Act of 2010. But many other features of the 1986 law were also bad policy.
The Drug-Free Schools program of 1986 got about $12 billion over twenty years. Every evaluation found it did not reduce drug use. The Administration finally eliminated this waste last year when the proof of its ineffectiveness at last overcame its political attractiveness -- $500 to 600 million per year in contracts and salaries.
The "designer drug" law we wrote in 1986 prohibited classes of drugs before they could even be invented and before they could be found to be beneficial or harmful. The presumption behind this ban, that any new drug would be "dangerous" and "bad," stigmatizes and deters discovery of new potentially beneficial drugs. Like most of the other provisions of the 1986 law, this one failed to do anything to prevent the spread of "ecstasy," synthetic cannabis such as "spice" and "K2," and stimulants marketed as "bath salts."
The National Forest System Drug Control Act of 1986 was supposed to protect the National Forests from marijuana cultivation. It was a fine idea, but the "protection" was not thought through. Expanded surveillance of urban electricity usage and scanning for temperature anomalies by drug agents encouraged by the potential riches from property forfeitures led to large-scale and destructive marijuana plantations over-running more than 61 National Forests by 2009."
"Today, the 112th Congress is stalled, mired in partisan conflict. Last week, the votes of 43 Republican senators blocked the proposal of Senator Jim Webb (D-VA) to create a National Criminal Justice Commission to study and recommend improvements to the criminal justice system. But in the 111th Congress, the proposal passed the House on a voice vote in 2010. This proposal, endorsed by the National Sheriffs Association, the International Association of Chiefs of Police, and the ACLU, had bi-partisan support last year. This year, however, partisan conflict has blocked the measure.
Other times, partisanship has led Congress to move too fast, and that produced trouble. Twenty-five years ago last Thursday (Oct. 27), President Reagan signed the Anti-Drug Abuse Act of 1986, after less than ninety days of jockeying between the Democratic House and Republican Senate.
The political wrangling was triggered by the cocaine death of Maryland basketball star Len Bias on June 19, 1986 as he celebrated signing with the Boston Celtics. In the media blitz following his tragedy, House Speaker "Tip" O'Neill from Boston spotted political opportunity for Democrats to claim anti-drug leadership in time for the election. Eager to complete a package before the August campaigns, the bills were very hastily written. Having spent many hours in the Speaker's conference room helping to write the law as counsel to the House Crime Subcommittee, I was invited to the White House twenty-five years ago. I've followed the results of that law closely.
The law's best known blunders were the long sentences for small amounts of drugs. Congress finally acknowledged the unfairness of crack sentencing and its racial disparity when it passed the Fair Sentencing Act of 2010. But many other features of the 1986 law were also bad policy.
The Drug-Free Schools program of 1986 got about $12 billion over twenty years. Every evaluation found it did not reduce drug use. The Administration finally eliminated this waste last year when the proof of its ineffectiveness at last overcame its political attractiveness -- $500 to 600 million per year in contracts and salaries.
The "designer drug" law we wrote in 1986 prohibited classes of drugs before they could even be invented and before they could be found to be beneficial or harmful. The presumption behind this ban, that any new drug would be "dangerous" and "bad," stigmatizes and deters discovery of new potentially beneficial drugs. Like most of the other provisions of the 1986 law, this one failed to do anything to prevent the spread of "ecstasy," synthetic cannabis such as "spice" and "K2," and stimulants marketed as "bath salts."
The National Forest System Drug Control Act of 1986 was supposed to protect the National Forests from marijuana cultivation. It was a fine idea, but the "protection" was not thought through. Expanded surveillance of urban electricity usage and scanning for temperature anomalies by drug agents encouraged by the potential riches from property forfeitures led to large-scale and destructive marijuana plantations over-running more than 61 National Forests by 2009."
Tuesday, November 1, 2011
Flaws in the criminal justice system help fugitives cross borders - chicagotribune.com - start
Flaws in the criminal justice system help fugitives cross borders - chicagotribune.com - start
"Justice Department officials say they are capturing more international fugitives than ever. But breakdowns at every level of law enforcement enable uncounted numbers of suspects to flee across the U.S. border and then hamper their apprehension.
County prosecutors
Local prosecutors prepare voluminous extradition packages that are sent to the Justice Department and then to foreign governments. County officials can be overwhelmed by the complex paperwork and the costs of translators, outside counsel and even airline tickets for sheriffs and returning fugitives. The Tribune identified more than 60 Cook County fugitives law enforcement traced to Mexico, yet the Cook County state’s attorney’s office said they are actively seeking the extradition or deportation of only 12 of those suspects.
Example: Among those not on the county’s active list is career criminal Juan Jacquez (Tribune summary), wanted on charges of killing a South Side man in 2002. Months later, a family informant provided Chicago detectives with Jacquez’s exact address in Santiago Papasquiaro, Mexico, but no visible progress has been made in the case.
County judges
At cursory bond hearings, judges gave some murder and rape suspects the keys to their own escape by setting low bonds or failing to limit the travel of foreign-born and dual-nationality citizens by confiscating their passports or imposing other restrictions.
Example: Chicago maintenance mechanic Dimitrios Amasiadis (Tribune summary) posted a cash bond of just $1,000 after being charged in 1998 with sexuallyassaulting his 10-year-old stepdaughter over a period of years. Born in Guatemala to a Greek father, Amasiadis mortgaged his house to raise more than $30,000 and then fled to Greece, where he remains today. Amasiadis was convicted in absentia. His sister Patricia Echeverria professes his innocence and told the Tribune that Amasiadis is "still happily married" and raising a new family. "He’s not looking over his shoulder," she said.
Illinois law
A family exemption in Illinois law bars authorities from charging close relatives with harboring or aiding fugitives. There is no deterrent against family helping suspects flee by driving them to bus stations and airports, providing cash or withholding information from police.
Example: In 2005, after 21-year-old Muaz Haffar was charged with murdering a university student with a bike lock, he fled to Syria. Haffar’s father in the Chicago area helped arrange his trip and a brother accompanied Haffar on part of his journey out of Chicago, according to law enforcement sources. Muaz Haffar remains at large."
"Justice Department officials say they are capturing more international fugitives than ever. But breakdowns at every level of law enforcement enable uncounted numbers of suspects to flee across the U.S. border and then hamper their apprehension.
County prosecutors
Local prosecutors prepare voluminous extradition packages that are sent to the Justice Department and then to foreign governments. County officials can be overwhelmed by the complex paperwork and the costs of translators, outside counsel and even airline tickets for sheriffs and returning fugitives. The Tribune identified more than 60 Cook County fugitives law enforcement traced to Mexico, yet the Cook County state’s attorney’s office said they are actively seeking the extradition or deportation of only 12 of those suspects.
Example: Among those not on the county’s active list is career criminal Juan Jacquez (Tribune summary), wanted on charges of killing a South Side man in 2002. Months later, a family informant provided Chicago detectives with Jacquez’s exact address in Santiago Papasquiaro, Mexico, but no visible progress has been made in the case.
County judges
At cursory bond hearings, judges gave some murder and rape suspects the keys to their own escape by setting low bonds or failing to limit the travel of foreign-born and dual-nationality citizens by confiscating their passports or imposing other restrictions.
Example: Chicago maintenance mechanic Dimitrios Amasiadis (Tribune summary) posted a cash bond of just $1,000 after being charged in 1998 with sexuallyassaulting his 10-year-old stepdaughter over a period of years. Born in Guatemala to a Greek father, Amasiadis mortgaged his house to raise more than $30,000 and then fled to Greece, where he remains today. Amasiadis was convicted in absentia. His sister Patricia Echeverria professes his innocence and told the Tribune that Amasiadis is "still happily married" and raising a new family. "He’s not looking over his shoulder," she said.
Illinois law
A family exemption in Illinois law bars authorities from charging close relatives with harboring or aiding fugitives. There is no deterrent against family helping suspects flee by driving them to bus stations and airports, providing cash or withholding information from police.
Example: In 2005, after 21-year-old Muaz Haffar was charged with murdering a university student with a bike lock, he fled to Syria. Haffar’s father in the Chicago area helped arrange his trip and a brother accompanied Haffar on part of his journey out of Chicago, according to law enforcement sources. Muaz Haffar remains at large."
Monday, October 31, 2011
Criminal justice conundrum | The Post and Courier, Charleston SC - News, Sports, Entertainment
Criminal justice conundrum | The Post and Courier, Charleston SC - News, Sports, Entertainment
"Last May the Supreme Court ordered California to reduce its prison population to ease overcrowding, leading to concerns about the impact on society of the early release of some prisoners.
The event illustrates the tangled interaction of federal and state law in the criminal justice system. While the prosecution of crimes is the principal responsibility of states, the federal government gets involved in many ways.
Congress has greatly expanded the list of federal crimes; states and municipalities are influenced by and to some degree dependent on federal grants; and federal courts set limits on police and prosecutors as well as on prison systems. A federal sentencing commission sets length-of-incarceration standards the states must respect
This tangle produces outcomes that are costly and sometimes counterproductive. It clearly needs a serious review. Any national study especially needs to consider the tensions between state and federal interests.
The widely hailed proposal by Sen. James Webb, D-Va., for a national commission to study the criminal justice system recently fell victim to these tensions. All but four Republican senators voted against bringing up Sen. Webb's bill, denying the required 60-vote super-majority.
The principal argument advanced by the opponents was that the commission's structure and mandate paid insufficient attention to states' responsibilities."
"Last May the Supreme Court ordered California to reduce its prison population to ease overcrowding, leading to concerns about the impact on society of the early release of some prisoners.
The event illustrates the tangled interaction of federal and state law in the criminal justice system. While the prosecution of crimes is the principal responsibility of states, the federal government gets involved in many ways.
Congress has greatly expanded the list of federal crimes; states and municipalities are influenced by and to some degree dependent on federal grants; and federal courts set limits on police and prosecutors as well as on prison systems. A federal sentencing commission sets length-of-incarceration standards the states must respect
This tangle produces outcomes that are costly and sometimes counterproductive. It clearly needs a serious review. Any national study especially needs to consider the tensions between state and federal interests.
The widely hailed proposal by Sen. James Webb, D-Va., for a national commission to study the criminal justice system recently fell victim to these tensions. All but four Republican senators voted against bringing up Sen. Webb's bill, denying the required 60-vote super-majority.
The principal argument advanced by the opponents was that the commission's structure and mandate paid insufficient attention to states' responsibilities."
Friday, October 28, 2011
Tougher sentencing will put pressure on prisons - Crime, UK - The Independent
Tougher sentencing will put pressure on prisons - Crime, UK - The Independent
"The jail population in England and Wales could soar towards 95,000 within six years, Whitehall officials forecast yesterday as the Coalition signalled a toughening in its approach to criminal justice policy.
In a defeat for Kenneth Clarke's liberal instincts on sentencing, the Justice Secretary announced automatic jail terms for 16- and 17-year-olds found guilty of knife offences and American-style mandatory life sentences for offenders convicted of a second violent or sexual crime. Just 24 hours earlier he had expressed grave reservations about both policies, but appeared to have been overruled by David Cameron.
After years of increases, the prison population had recently begun to stabilise – and Mr Clarke said last year he believed it could be cut by 3,000. But it will be boosted by up to 1,000 as looters involved in the summer's riots serve tough sentences imposed by courts. The effect on jails is already beginning to be seen, with the prison population rising to a record 87,670 this month.
And according to new projections by the Ministry of Justice (MoJ), the numbers behind bars could rise to a possible high of 94,800 in 2017, a total that would require the construction of several new jails. Mandatory prison sentences for knife crime committed by adults will also increase the pressure on the prison population.
Numbers of teenagers in custody had been falling in recent years, but the MoJ yesterday estimated that the mandatory jail sentence for 16- and 17-year-olds guilty of knife offences could lead to the imprisonment of up to 400 youngsters a year. Although Mr Clarke yesterday predicted the new "two strikes and you're out" life sentences for the most violent offenders would affect only 20 people a year, the proposals marked a distinct change of rhetoric by the Government on criminal justice.
They come months after Mr Cameron vetoed the Justice Secretary's plans to give sentence discounts to offenders pleading guilty at the earliest opportunity. The new populist tone – unlikely to be welcomed by the Coalition's Liberal Democrats – echoes the hardline "prison works" approach to law and order of Michael Howard when he was Home Secretary between 1993 and 1997."
"The jail population in England and Wales could soar towards 95,000 within six years, Whitehall officials forecast yesterday as the Coalition signalled a toughening in its approach to criminal justice policy.
In a defeat for Kenneth Clarke's liberal instincts on sentencing, the Justice Secretary announced automatic jail terms for 16- and 17-year-olds found guilty of knife offences and American-style mandatory life sentences for offenders convicted of a second violent or sexual crime. Just 24 hours earlier he had expressed grave reservations about both policies, but appeared to have been overruled by David Cameron.
After years of increases, the prison population had recently begun to stabilise – and Mr Clarke said last year he believed it could be cut by 3,000. But it will be boosted by up to 1,000 as looters involved in the summer's riots serve tough sentences imposed by courts. The effect on jails is already beginning to be seen, with the prison population rising to a record 87,670 this month.
And according to new projections by the Ministry of Justice (MoJ), the numbers behind bars could rise to a possible high of 94,800 in 2017, a total that would require the construction of several new jails. Mandatory prison sentences for knife crime committed by adults will also increase the pressure on the prison population.
Numbers of teenagers in custody had been falling in recent years, but the MoJ yesterday estimated that the mandatory jail sentence for 16- and 17-year-olds guilty of knife offences could lead to the imprisonment of up to 400 youngsters a year. Although Mr Clarke yesterday predicted the new "two strikes and you're out" life sentences for the most violent offenders would affect only 20 people a year, the proposals marked a distinct change of rhetoric by the Government on criminal justice.
They come months after Mr Cameron vetoed the Justice Secretary's plans to give sentence discounts to offenders pleading guilty at the earliest opportunity. The new populist tone – unlikely to be welcomed by the Coalition's Liberal Democrats – echoes the hardline "prison works" approach to law and order of Michael Howard when he was Home Secretary between 1993 and 1997."
Thursday, October 27, 2011
Can restorative justice help balance the scales for African-American youth? - Travel Wires - MiamiHerald.com
Can restorative justice help balance the scales for African-American youth? - Travel Wires - MiamiHerald.com
"CHARLOTTESVILLE, Va. -- Darryl is a 12-year-old African American boy whose mother, Ariel, is a single parent. Ariel left high school after becoming pregnant with Darryl and has struggled to find anything but minimum wage jobs to support her family.
One day when he was out with another friend, Darryl and his friend snuck into the neighbor's house and stole a video game. The neighbors called the police.
One might conclude that the future does not bode well for Darryl. In fact, we probably would not be surprised if we were to learn later on that he was in prison. However, there is much more to his story, and much to learn from it. The police response ultimately resulted in a restorative intervention and provided Darryl with an alternative approach.
All too often, the criminal justice system offers only one solution to addressing transgressions: incarceration. A 2008 study by the Pew Charitable Trusts, an organization that focuses on improving public policies, found that one in 15 black men 18 years of age and older are incarcerated, compared with one in 106 white men. Even more startling, one in nine young African American men between the ages of 20 and 34 are behind bars, compared to one in 30 of the general U.S. population in that age group.
There are no easy answers to the question of what to do about the disproportionate incarceration rates of young African American men. Nor is there a single solution to address the many layers of structural inequalities that perpetuate cycles of poverty and violence in their lives. We know that incarceration does not solve the problem of crime; this is evident in the fact that around 40 percent of released inmates are back in prison within three years. For some people, prison can induce change, but the reality is that once within the "system," many people tend to stay.
So how do we prevent people from entering the system? How do we respond appropriately to young people like Darryl who commit a crime? The best response is a preventative one - creating structures that help prevent youth from entering into criminal activity in the first place and provide them with support to become productive citizens. Even so, the reality is that crimes will still be committed. Consequently, we need an alternative approach to address these transgressions."
Read more: http://www.miamiherald.com/2011/10/27/2474252/can-restorative-justice-help-balance.html#ixzz1bzwz4O4f
"CHARLOTTESVILLE, Va. -- Darryl is a 12-year-old African American boy whose mother, Ariel, is a single parent. Ariel left high school after becoming pregnant with Darryl and has struggled to find anything but minimum wage jobs to support her family.
One day when he was out with another friend, Darryl and his friend snuck into the neighbor's house and stole a video game. The neighbors called the police.
One might conclude that the future does not bode well for Darryl. In fact, we probably would not be surprised if we were to learn later on that he was in prison. However, there is much more to his story, and much to learn from it. The police response ultimately resulted in a restorative intervention and provided Darryl with an alternative approach.
All too often, the criminal justice system offers only one solution to addressing transgressions: incarceration. A 2008 study by the Pew Charitable Trusts, an organization that focuses on improving public policies, found that one in 15 black men 18 years of age and older are incarcerated, compared with one in 106 white men. Even more startling, one in nine young African American men between the ages of 20 and 34 are behind bars, compared to one in 30 of the general U.S. population in that age group.
There are no easy answers to the question of what to do about the disproportionate incarceration rates of young African American men. Nor is there a single solution to address the many layers of structural inequalities that perpetuate cycles of poverty and violence in their lives. We know that incarceration does not solve the problem of crime; this is evident in the fact that around 40 percent of released inmates are back in prison within three years. For some people, prison can induce change, but the reality is that once within the "system," many people tend to stay.
So how do we prevent people from entering the system? How do we respond appropriately to young people like Darryl who commit a crime? The best response is a preventative one - creating structures that help prevent youth from entering into criminal activity in the first place and provide them with support to become productive citizens. Even so, the reality is that crimes will still be committed. Consequently, we need an alternative approach to address these transgressions."
Read more: http://www.miamiherald.com/2011/10/27/2474252/can-restorative-justice-help-balance.html#ixzz1bzwz4O4f
Wednesday, October 26, 2011
Ken Clarke in rift with Theresa May over knife-crime children - Crime, UK - The Independent
Ken Clarke in rift with Theresa May over knife-crime children - Crime, UK - The Independent
"Ken Clarke, the Justice Secretary, yesterday opened a fresh rift with the Home Secretary, Theresa May, over whether to jail children found guilty of knife crime.
Plans for automatic prison sentences of six months for knife-wielding adults are currently going through Parliament, but Mrs May has signalled she wants the punishment extended to under-18s.
Boris Johnson, the Mayor of London, and Conservative MPs, have argued that the planned age for an automatic custodial sentence for using a knife to threaten life should be lowered. But appearing before MPs, Mr Clarke made clear he opposed the move, warning it would run counter to Britain's criminal justice system.
The Cabinet colleagues clashed at the Tory conference when Mr Clarke ridiculed Mrs May's claims that an illegal immigrant had avoided deportation under human rights legislation because of his pet cat.
Mr Clarke told the Home Affairs Select Committee that he supported automatic jail terms for knife-carrying adults, but added: "The idea that mandatory sentences now apply to certain types of offence, to young offenders, to children, to juveniles, is a bit of a leap for the judicial system.""
"Ken Clarke, the Justice Secretary, yesterday opened a fresh rift with the Home Secretary, Theresa May, over whether to jail children found guilty of knife crime.
Plans for automatic prison sentences of six months for knife-wielding adults are currently going through Parliament, but Mrs May has signalled she wants the punishment extended to under-18s.
Boris Johnson, the Mayor of London, and Conservative MPs, have argued that the planned age for an automatic custodial sentence for using a knife to threaten life should be lowered. But appearing before MPs, Mr Clarke made clear he opposed the move, warning it would run counter to Britain's criminal justice system.
The Cabinet colleagues clashed at the Tory conference when Mr Clarke ridiculed Mrs May's claims that an illegal immigrant had avoided deportation under human rights legislation because of his pet cat.
Mr Clarke told the Home Affairs Select Committee that he supported automatic jail terms for knife-carrying adults, but added: "The idea that mandatory sentences now apply to certain types of offence, to young offenders, to children, to juveniles, is a bit of a leap for the judicial system.""
Tuesday, October 25, 2011
Civil groups want Zille to act on ‘failures’ of justice system | The New Age Online
Civil groups want Zille to act on ‘failures’ of justice system | The New Age Online
"Civil organisations working in Cape Town townships have asked Premier Helen Zille to institute an independent commission of inquiry into the “continued and systematic failures of the criminal justice system”.
The organisations have criticised the police for failure to investigate criminal cases thoroughly, claiming that investigations were conducted poorly, resulting in criminal cases being taken off the court roll.
Social Justice Coalition, Ndifuna Ukwazi; Equal Education, Treatment Action Campaign, Triangle Project and Women Legal Centre representatives met Zille and community safety MEC Dan Plato recently, and asked Zille to institute an independent commission of inquiry.
This was directly pertaining to “certain failures of the criminal justice system in Khayelitsha”.
The meeting with Zille was in response to a protest of more than 500 people on October 4 who demonstrated outside the provincial parliament where, for the second time, the organisations issued a memorandum of grievances calling for a commission of inquiry to be instituted into the continued failure of the justice system in Khayelitsha, focusing on the conduct of police officers.
The organisations stated that through their work over “many years” they had identified “numerous” problems that prevented the realisation of the residents’ right to justice in Khayelitsha.
“In our collective experience and work, many victims of crime in Khayelitsha and in other working class and poor communities do not have adequate access to justice, a right that is guaranteed by the Constitution and the victims’ charter,” said the organisations.
Zille said she had explained to representatives from the organisations the province only had oversight of the police and that she asked them to submit a formal complaint “as I can only act on receipt of a formal complaint”."
"Civil organisations working in Cape Town townships have asked Premier Helen Zille to institute an independent commission of inquiry into the “continued and systematic failures of the criminal justice system”.
The organisations have criticised the police for failure to investigate criminal cases thoroughly, claiming that investigations were conducted poorly, resulting in criminal cases being taken off the court roll.
Social Justice Coalition, Ndifuna Ukwazi; Equal Education, Treatment Action Campaign, Triangle Project and Women Legal Centre representatives met Zille and community safety MEC Dan Plato recently, and asked Zille to institute an independent commission of inquiry.
This was directly pertaining to “certain failures of the criminal justice system in Khayelitsha”.
The meeting with Zille was in response to a protest of more than 500 people on October 4 who demonstrated outside the provincial parliament where, for the second time, the organisations issued a memorandum of grievances calling for a commission of inquiry to be instituted into the continued failure of the justice system in Khayelitsha, focusing on the conduct of police officers.
The organisations stated that through their work over “many years” they had identified “numerous” problems that prevented the realisation of the residents’ right to justice in Khayelitsha.
“In our collective experience and work, many victims of crime in Khayelitsha and in other working class and poor communities do not have adequate access to justice, a right that is guaranteed by the Constitution and the victims’ charter,” said the organisations.
Zille said she had explained to representatives from the organisations the province only had oversight of the police and that she asked them to submit a formal complaint “as I can only act on receipt of a formal complaint”."
Monday, October 24, 2011
Sex-offender info now on Facebook » Local News » Press-Republican
Sex-offender info now on Facebook » Local News » Press-Republican
"ALBANY — Users of Facebook can now get information about sex offenders living in their neighborhoods
Facebook users can access information about medium- and high-risk sex offenders with just a few clicks — and without leaving the social-networking site.
The New York State Division of Criminal Justice Services has launched its Sex Offender Locator Application, which is accessible via the New York State Public Safety Facebook page: facebook.com/nyspublicsafety.
The Division of Criminal Justice maintains the state's sex-offender registry and a registry subdirectory on the website criminaljustice.ny.gov/nsor that provides information about Level 2 (medium risk) and Level 3 (high risk) sex offenders. The new Facebook application is designed to make that information more readily accessible.
"New Yorkers now have another way to access up-to-date information about sex offenders in their neighborhoods," Division of Criminal Justice Acting Commissioner Sean M. Byrne said in a news release.
"With Halloween around the corner, parents now have another tool to learn where offenders live so they can ensure their children stay away from those locations, as well as strangers' homes. The Facebook app puts that important information at parents' fingertips, whether they are at home or on the go."
In all, 32,994 registered sex offenders are listed on the state's Sex Offender Registry: 12,473 Level 1 offenders; 11,685 Level 2 offenders; 8,163 Level 3 offenders; and 673 offenders whose risk level is pending."
"ALBANY — Users of Facebook can now get information about sex offenders living in their neighborhoods
Facebook users can access information about medium- and high-risk sex offenders with just a few clicks — and without leaving the social-networking site.
The New York State Division of Criminal Justice Services has launched its Sex Offender Locator Application, which is accessible via the New York State Public Safety Facebook page: facebook.com/nyspublicsafety.
The Division of Criminal Justice maintains the state's sex-offender registry and a registry subdirectory on the website criminaljustice.ny.gov/nsor that provides information about Level 2 (medium risk) and Level 3 (high risk) sex offenders. The new Facebook application is designed to make that information more readily accessible.
"New Yorkers now have another way to access up-to-date information about sex offenders in their neighborhoods," Division of Criminal Justice Acting Commissioner Sean M. Byrne said in a news release.
"With Halloween around the corner, parents now have another tool to learn where offenders live so they can ensure their children stay away from those locations, as well as strangers' homes. The Facebook app puts that important information at parents' fingertips, whether they are at home or on the go."
In all, 32,994 registered sex offenders are listed on the state's Sex Offender Registry: 12,473 Level 1 offenders; 11,685 Level 2 offenders; 8,163 Level 3 offenders; and 673 offenders whose risk level is pending."
Thursday, October 20, 2011
Can Criminal Justice Be Quantified? - Andrew Cohen - National - The Atlantic
Can Criminal Justice Be Quantified? - Andrew Cohen - National - The Atlantic
"There's an interesting study out from the NYU School of Law which buttresses the argument that America would save a ton of money down the road, and make life easier for many of its citizens, if lawmakers today were able to muster up the moxie to remodel criminal justice systems. It's a concept that requires political foresight and a patient public, which means most politicians and their constituents will blindly reject it, but I hope serious people everywhere take a long look at this.
The report is called "Balanced Justice," a joint project by the Institute for Policy Integrity and the Center for the Administration of Criminal Law, and it again urges policy makers to aggressively employ economic cost-benefit analyses when evaluating decisions about their criminal justice systems. "Public safety can be prioritized and even improved at a lower cost than traditional incarceration," the report concludes, "using techniques like behavioral therapy for young offenders, intensive supervision, or a new iteration of a drug court.""
"There's an interesting study out from the NYU School of Law which buttresses the argument that America would save a ton of money down the road, and make life easier for many of its citizens, if lawmakers today were able to muster up the moxie to remodel criminal justice systems. It's a concept that requires political foresight and a patient public, which means most politicians and their constituents will blindly reject it, but I hope serious people everywhere take a long look at this.
The report is called "Balanced Justice," a joint project by the Institute for Policy Integrity and the Center for the Administration of Criminal Law, and it again urges policy makers to aggressively employ economic cost-benefit analyses when evaluating decisions about their criminal justice systems. "Public safety can be prioritized and even improved at a lower cost than traditional incarceration," the report concludes, "using techniques like behavioral therapy for young offenders, intensive supervision, or a new iteration of a drug court.""
Wednesday, October 19, 2011
Consultants say that Oklahoma should get more from its criminal justice system | Tulsa World
Consultants say that Oklahoma should get more from its criminal justice system | Tulsa World
"MUSKOGEE - Oklahoma's criminal justice system is expensive and not particularly effective, a team of consultants from the nonprofit Council of State Governments' Justice Center said Tuesday.
With House Speaker Kris Steele moderating comments from an audience of about 30, the consultants' presented their preliminary findings for the third time in two days, having previously appeared in Lawton and Enid.
The team is part of the council's Justice Reinvestment program, which is described as a "data-driven approach to reduce corrections spending and reinvest savings in strategies that can decrease crime and strengthen neighborhoods."
The program is credited with helping Texas, Kansas and about a dozen other states redesign their corrections systems.
"Oklahoma has increased spending for corrections by 41 percent while violent crime remains virtually unchanged," Steele said during preliminary remarks. "At least 36 other states have seen decreases in violent crime during that same period."
Project Director Marshall Clement said he and his colleagues had identified three major areas of concern: The state has unchanged or rising crime rates that run contrary to national trends; a high percentage of Oklahoma inmates are released without supervision; and Oklahoma's prison population is increasing at an unsustainable rate.
Clement said Oklahoma's murder rate has remained almost unchanged over the past decade while the national rate has declined 13 percent.
Robbery, he said, has gone up 15 percent in the state while declining 18 percent nationally during the same period.
Clement said the increases may be related to declines in the number of police per capita in the state, especially in Oklahoma City and Tulsa. He noted that Norman had increased its police force by 18 percent relative to its population and had seen a corresponding 48 percent drop in violent crime.
About half of Oklahoma inmates are released from prison without any required supervision, Clement said. State Corrections Director Justin Jones, who was among those in attendance, said that's because so many serve their full sentences before being released.
Later, during questions and remarks from the audience, it was mentioned that many inmates prefer to stay in jail rather than be released under supervision - in part because of the costs associated with supervised release.
According to corrections officials and attorney Mark Bonney, inmates on supervised release have to pay at least $100 to $150 for such things as monitoring devices and behavioral treatment. Sex offenders must take polygraph exams every six months at a cost of about $250 each time.
"I've had people I've sentenced tell me they'd rather serve a full sentence than get out early with supervision," said Muskogee County Special Judge Robin Adair. "That indicates to me the importance of supervision."
Clement said Oklahoma will need an additional 3,000 prison beds in the next few years just to accommodate the population increase caused by the state's 85 percent rule - a state law requiring many offenders to serve at least 85 percent of their sentences.
Jones said the effect of the 85 percent rule has been compounded by a trend toward longer sentences."
Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20111019_16_A1_CUTLIN935911
"MUSKOGEE - Oklahoma's criminal justice system is expensive and not particularly effective, a team of consultants from the nonprofit Council of State Governments' Justice Center said Tuesday.
With House Speaker Kris Steele moderating comments from an audience of about 30, the consultants' presented their preliminary findings for the third time in two days, having previously appeared in Lawton and Enid.
The team is part of the council's Justice Reinvestment program, which is described as a "data-driven approach to reduce corrections spending and reinvest savings in strategies that can decrease crime and strengthen neighborhoods."
The program is credited with helping Texas, Kansas and about a dozen other states redesign their corrections systems.
"Oklahoma has increased spending for corrections by 41 percent while violent crime remains virtually unchanged," Steele said during preliminary remarks. "At least 36 other states have seen decreases in violent crime during that same period."
Project Director Marshall Clement said he and his colleagues had identified three major areas of concern: The state has unchanged or rising crime rates that run contrary to national trends; a high percentage of Oklahoma inmates are released without supervision; and Oklahoma's prison population is increasing at an unsustainable rate.
Clement said Oklahoma's murder rate has remained almost unchanged over the past decade while the national rate has declined 13 percent.
Robbery, he said, has gone up 15 percent in the state while declining 18 percent nationally during the same period.
Clement said the increases may be related to declines in the number of police per capita in the state, especially in Oklahoma City and Tulsa. He noted that Norman had increased its police force by 18 percent relative to its population and had seen a corresponding 48 percent drop in violent crime.
About half of Oklahoma inmates are released from prison without any required supervision, Clement said. State Corrections Director Justin Jones, who was among those in attendance, said that's because so many serve their full sentences before being released.
Later, during questions and remarks from the audience, it was mentioned that many inmates prefer to stay in jail rather than be released under supervision - in part because of the costs associated with supervised release.
According to corrections officials and attorney Mark Bonney, inmates on supervised release have to pay at least $100 to $150 for such things as monitoring devices and behavioral treatment. Sex offenders must take polygraph exams every six months at a cost of about $250 each time.
"I've had people I've sentenced tell me they'd rather serve a full sentence than get out early with supervision," said Muskogee County Special Judge Robin Adair. "That indicates to me the importance of supervision."
Clement said Oklahoma will need an additional 3,000 prison beds in the next few years just to accommodate the population increase caused by the state's 85 percent rule - a state law requiring many offenders to serve at least 85 percent of their sentences.
Jones said the effect of the 85 percent rule has been compounded by a trend toward longer sentences."
Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20111019_16_A1_CUTLIN935911
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