Thursday, July 14, 2011

BBC News - Dame Elish Angiolini to lead women prison inquiry

BBC News - Dame Elish Angiolini to lead women prison inquiry

"Former Lord Advocate Dame Elish Angiolini is to head an inquiry into how women are treated by the Scottish criminal justice system.

The commission will look at better ways of dealing with women offenders.

Sheriff Danny Scullion and Dr Linda de Casetecker will be the other two members of the commission,
Scottish Justice Secretary Kenny MacAskill said.

Scotland's only women's prison, Cornton Vale, has been heavily criticised by inspectors in the past few years.

The commission is being set up in the wake of the most recent inspection report, published in June.

Brigadier Hugh Monro, the chief inspector of prisons, said he had been "very disappointed" at the lack of progress at Cornton Vale.

He inspected the prison in February 2011 as a follow up to a visit in 2009.'Pressing issue'
Many of the problems at the prison - which is designed to house 309 inmates but currently holds almost 400 - were down to overcrowding, the brigadier said.

Speaking on a visit to Cornton Vale, near Stirling, Mr MacAskill said the commission would make recommendations to tackle overcrowding and "ultimately reverse" the rise in the female prison population.

It will report back to the Scottish government by February 2012."

Wednesday, July 13, 2011

As Strauss-Kahn Case Unravels, Mayor Bloomberg Reverses on Perp Walks - Metropolis - WSJ

As Strauss-Kahn Case Unravels, Mayor Bloomberg Reverses on Perp Walks - Metropolis - WSJ

"When New York police officers led then-International Monetary Fund chief Dominique Strauss-Kahn on a controversial perp walk after his May arrest on sexual assault charges, New York City Mayor Michael Bloomberg had tough words.

“If you don’t want to do the perp walk, don’t do the crime,” he said then.

Now, following news that the state’s case against Strauss-Kahn has all but collapsed, the mayor has reversed his position on perp walks, which are staged to allow media outlets to photograph handcuffed criminal defendants. The so-called perp walk enraged many in France, who considered the treatment of Strauss-Kahn to be barbaric.

“We have done perp walks for the benefit of newspapers and television for a long time — I’ve always thought that the perp walks were outrageous,” Bloomberg said on Tuesday when asked about the images of Strauss-Kahn, looking angry and rumpled following his arrest on sexual assault charges in May.

“But that’s only my view,” the mayor said. “Nobody’s asked me. And I have no say in it. Whatever.”

Since Strauss-Kahn’s arrest, New York City prosecutors’ case has weakened considerably, and may lead to the dismissal of charges against the man once seen as a likely future president of France.

A defendant is presumed innocent until proven otherwise, said Bloomberg, “and yet we vilify them for the benefit of theater, for the circus. They did it in Roman times. There’s nothing new.”

The mayor’s remarks about perp walks seem to differ significantly from what he said in May when reporters first questioned him about Strauss-Kahn’s infamous walk. At the time, the mayor said, “I don’t have a lot of sympathy for that,” calling the walk “humiliating.”

At the time, though, the mayor did express sympathy for defendants who are proven not to be guilty.
“The real sad thing is if somebody is accused, does the perp-walk, and turns out not to be- have been guilty,” he said then. “And then society really does — should look in the mirror and say, you know, ‘We’d better be more careful the next time.’”

Tuesday, July 12, 2011

Three Strikes Law Under Fire | Correctional News

Three Strikes Law Under Fire Correctional News

"SACRAMENTO — Some criminal justice experts are pushing for an overhaul of California’s three-strikes law, saying it has increased incarceration costs, contributed to the state’s prison crowding problem and resulted in harsher sentences than were warranted.

They say now is the time to change the law, particularly because California faces chronic deficits and a court order to reduce its prison population by 37,000 over the next two years.

The Legislature and voters approved three strikes a year after repeat felon Richard Allen Davis abducted and murdered 12-year-old Polly Klaas in 1993. Polly’s murder outraged the nation when it was revealed that Davis was a repeat felon and had been wanted on a parole violation. The California law, intended to keep habitual violent offenders behind bars, became one of the harshest sentencing laws in the nation.

The law requires enhanced punishment for repeat offenders: Second strikers face double the normal sentence while third strikers can get sentences of 25 years to life, regardless of whether the third crime is violent or serious.

About 41,100 of the state’s approximately 143,500 prison inmates are second and third strikers.

Supporters say it’s crucial to lock up repeat offenders even if their third crime is not serious because career criminals commit the majority of crimes. They say the three-strikes law is sparingly used by prosecutors and has been a major factor in reducing crime rates, which peaked in 1992 and have been declining since.

But critics say that crime rates began falling around the nation before the law passed, and that states without similar laws have similar or even larger declines in crime."

Monday, July 11, 2011

Honolulu Civil Beat - 'Justice Reinvestment' Plan An Easy First Phase - Article

Honolulu Civil Beat - 'Justice Reinvestment' Plan An Easy First Phase - Article

"It could have been a huge embarrassment.

Just 48 hours before Gov. Neil Abercrombie was set to unveil a major initiative to overhaul Hawaii's criminal justice system, four inmates escaped from the minimum-security Waiawa Correctional Facility on Oahu.

Fortunately for the administration, the four inmates were quickly recaptured, including two in the early hours of June 28 — the very day the governor introduced his "Justice Reinvestment" plan.

As the state embarks over the next six months on Justice Reinvestment — a data-driven approach to reducing corrections spending and decreasing crime successfully used in more than 10 states — it is not only a first step but relatively inexpensive and easy step toward criminal justice reform.

The hard part, however, will come when the administration takes its recommendations before lawmakers next session. The recommendations will likely include establishing treatment and training centers in residential neighborhoods to help prisoners re-enter society, something that could be of concern to constituents.

As the Waiawa escape underscores, as well as an attempted escape from Oahu Community Correctional Center just this week, residents may cast a skeptical eye on fixing a long-troubled system when it involves their own back yard."

Friday, July 8, 2011

Criminal Minds Comment on Casey Anthony

Criminal Minds Comment on Casey Anthony

"The dean of FSU's College of Criminology and Criminal Justice is weighing in on the Casey Anthony verdict and sentence.

Tom Blomberg fears the not guilty verdicts for murder, manslaughter and child abuse will mistakenly lead people to believe that the system doesn't work.

"Who is the likely culprit? Many people felt it was the mother and she got off. And what this does is undermine the moral authority of our legal system because many citizens will conclude that it doesn't work," Blomberg said.

"When we see the pictures of little Caylee, it's emotional and so it's logical that we're troubled by that," Blomberg said. "Not that we are revenge seeking or anything else, but are there not consequences for behavior? And I think what the public is saying is there were not enough consequences in this particular case," the dean said.

"If you look at all the circumstantial evidence, you add it together, it paints a picture. Does it paint a picture beyond all reasonable doubt? Apparently not."

FSU Criminology professor Dan Mears says the Anthony case clearly taps into the protectiveness the public feels about children and the anger they feel towards irresponsible parents."

Thursday, July 7, 2011

Did 'CSI' effect sway Anthony jury? - CNN.com

Did 'CSI' effect sway Anthony jury? - CNN.com

"(CNN) -- Did the "CSI" effect have an influence on the verdict in the Casey Anthony trial?

Programs such as "CSI: Crime Scene Investigation," in which forensics play a key role in solving crimes in 60 minutes or less, are thought by many prosecutors and legal analysts to create unreasonable expectations for jurors deciding fates in the real world. Jurors, for the most part, have no legal training or real-life experience with the criminal justice system. They are without any frame of reference for how trials operate beyond what they see on television.

Prosecutors have long argued that the "CSI" effect is real and creates unreasonable expectations in the minds of jurors. They maintain that the standards for obtaining a conviction these days have been raised because jurors now expect and want scientific evidence linking the defendant to the crime, especially in a circumstantial case.

To combat this problem, many prosecutors try to lower the bar during jury selection by telling potential jurors not to expect what they see on television to be played out in the courtroom.

In addition, some prosecutors present forensic evidence that neither proves nor refutes the defendant's guilt but is intended to demonstrate to the jury the thoroughness of the prosecutor's investigation. Other prosecutors use so-called "negative evidence" such as the testimony of experts to assure jurors that it is not abnormal for crime scene investigators to fail to find certain types of evidence. Finally, a few prosecutors seek help from the court by way of jury instructions."

Wednesday, July 6, 2011

Protect Funding for the Mentally Ill Offender Treatment and Crime Reduction Act

Forensic Mental Health Association of California
This message comes courtesy of Jay Nelson at the Council of State Government's Justice Center.

Protect Funding for the Mentally Ill Offender Treatment and Crime Reduction Act

The Mentally Ill Offender Treatment and Crime Reduction Act (MIOTCRA) provides states and local governments with resources to plan and implement initiatives for people with mental illnesses involved with the criminal justice system in order to increase public safety and improve the lives of people with mental illnesses in the criminal justice system and their families.

This critical program is in jeopardy. The President's 2012 budget proposed the consolidation of MIOTCRA into a single problem-solving courts initiative, which would exclude many of the key elements of MIOTCRA. This policy shift would eliminate MIOTCRA and terminate over 60 percent of its program areas.

We need YOUR help. Contact your Members of Congress and ask them to support funding for MIOTCRA.

Congress is working on the appropriations bills for FY 2012. To ensure MIOTCRA is funded, Members of Congress need to hear from you about the program immediately.

The Mentally Ill Offender Treatment and Crime Reduction Act (MIOTCRA) was signed into law in 2004, and authorized a $50 million grant program to be administered by the United States Department of Justice. In 2008, Congress reauthorized the program for an additional five years. The reauthorization bill expanded training for law enforcement to identify and respond appropriately to individuals with mental illnesses. The program received $10 million in FY 2009; $12 million in FY 2010; and $9.6 million in FY 2011.

Please forward on this message to your colleagues, friends and networks and encourage them to take part in contacting their Members of Congress as well. Visit http://www.capwiz.com/csgjusticectr/home/ to learn more or send a letter of support for the Mentally Ill Offender Treatment and Crime Reduction Act.

Joel Cohen: DSK and the Rest of Those on the Criminal Docket

Joel Cohen: DSK and the Rest of Those on the Criminal Docket

"The case appears to be over. Dominique Strauss-Kahn will return to France a free man and be acclaimed for his triumph over the egregious elements of so-called U.S. legal justice. In fact, he may even be guilty of a violent attack on a hotel chambermaid. But that doesn't really doesn't matter anymore. The "alleged" victim (one must continue to use "alleged") is a liar -- and provably so -- and whether she lied also about the ultimate issue in the case (i.e. whether she was forced to give him sex) is now beside the point now. She has done irreparable damage to her own credibility and, perhaps more importantly, to rape victims everywhere. They will now know the cost of coming forward with rape complaints when it is they, perhaps even more than the accused, who will become the target. Indeed, legal protections of rape victims by rape shield laws and removing corroboration requirements may be in jeopardy.

Nor does it matter whether it was the prosecutors, the world-wide press, or the defense attorneys who discovered the maid's litany of lies. It appears, at least at the moment, that the prosecutors themselves either became suspicious or were told of some problems in her story by her own attorney. It was inevitable that DSK's able attorneys would have for use at trial at least some of the extremely-exculpatory material -- the false claims on her asylum petition; the phony tax deduction; the false account of her hiding just before she complained; the relationship with a drug dealer and multiple telephone numbers; the suspicious deposits to her bank account; and the recorded bragging that she knew how to deal with the "rich guy."

Why? First, the press was all over this case. The French press even had the victim's name in print (something that wouldn't occur but for Strauss-Kahn's status in France) which the prosecutors knew would yield "unhelpful" personal information about her coming out of the woodwork on both sides of the Atlantic. And second, in this "rich man's case," the defense simply had unlimited resources to investigate her, with or without the press's assistance. And the prosecutors surely knew how deadly that combination can be for a successful prosecution.

It is unimportant now whether DSK did indeed have a sexual encounter with the victim. His lawyers pretty much admitted that from Day 1. And likewise we shouldn't be concerned that it is much-more-than-likely that cash was somehow involved. However, charming or powerful DSK might be, one suspects that his charm or power would not have been the driving force in the victim's "willingness" to have sex with him, if indeed it was a willingness. So, if the French are willing to forgive DSK for his own personalized version of pay-for-play, why should it be any of our business? "

Tuesday, July 5, 2011

BusinessDay - Weak controls in recession ‘aid staff fraud’

BusinessDay - Weak controls in recession ‘aid staff fraud’

"EMPLOYEES committed undetected economic crimes, such as procurement fraud, during recessions because companies inadvertently weakened their internal controls, warned a forensic specialist last week.

White-collar crime, including fraud is estimated to cost the South African economy billions of rands annually. According to a recent study carried out among KPMG’s top 100 clients in Africa , about 30% of businesses said employee fraud had the highest effect on their business.

According to recent South African Police Service crime statistics, 84842 cases of commercial crime were reported from April 2009 to March last year, a 51,8% rise since 2003 .

US companies are also losing about 7% of their annual revenue to procurement fraud each year, according to international studies conducted recently.

Dave Loxton, a forensics specialist and director at Werksmans Attorneys, said procurement fraud was one of the most costly types of economic crime and tended to go unnoticed.

Procurement fraud affected businesses across a broad range of industries. It usually involved price-fixing, mischarges of goods and bid-rigging.

Mr Loxton said the global economic recession had placed increasing pressure on employees and directors to commit fraud.

It tended to be easier to commit an undetected economic crime, such as procurement fraud, during a recession because companies, in an effort to cut costs, often weakened their own internal controls through injudiciously targeted retrenchment.

He said this was ill-advised as it removed the segregation of duties, which was a crucial element of good internal control.

Among the many varieties of white-collar fraud prevalent in SA , the three most common were theft, financial statement fraud, and bribery and corruption."

Friday, July 1, 2011

Laura W. Murphy: Justice Is Served

Laura W. Murphy: Justice Is Served

"Today is an exciting day for the ACLU and criminal justice advocates around the country. Following much thought and careful deliberation, the United States Sentencing Commission took another step toward creating fairness in federal sentencing by retroactively applying the new Fair Sentencing Act (FSA) guidelines to individuals sentenced before the law was enacted. This decision will help ensure that over 12,000 people — 85 percent of whom are African-Americans — will have the opportunity to have their sentences for crack cocaine offenses reviewed by a federal judge and possibly reduced.

This decision is particularly important to me because, as director of the ACLU's Washington Legislative Office, I have advocated for Congress and the sentencing commission to reform federal crack cocaine laws for almost 20 years. In 1993, the ACLU lead the coalition that convened the first national symposium highlighting the crack cocaine disparity entitled "The 100 to 1 Ratio: Racial Bias in Cocaine Laws." Now, 25 years after the first crack cocaine law was enacted in the 1986 Anti-Drug Abuse Act, the sentencing commission has taken another step toward ending the racial and sentencing disparities that continue to exist in our criminal justice system."