Friday, September 30, 2011

FBI seeks to update definition of rape - baltimoresun.com

FBI seeks to update definition of rape - baltimoresun.com

"The FBI is moving to change the federal definition of rape for the first time in 80 years, which authorities and women's advocacy groups hope will lead to improved tracking of the crime and an attitude shift among investigators.

Critics have maintained that the current definition is archaic, too narrow and leaves crimes uncounted in police statistics, resulting in fewer resources for victims and law enforcement. Women's advocates accelerated their push for an updated definition last year with a hearing on Capitol Hill, spurred in part by reporting by The Baltimore Sun showing how city police had misclassified rapes and sexual assaults for years.

A subcommittee of the Criminal Justice Information Service of the FBI plans to take up the task at an Oct. 18 meeting in Baltimore. Its recommendations will go to an advisory board and then to FBI Director Robert Mueller for approval.

Greg Scarbro, the FBI's unit chief for the Uniform Crime Report, said the agency has been discussing revisions since last year.

"From the highest levels of the FBI, there's an understanding that this needs to change. We just need to make sure it happens in the right way," he said.

Since 1927, rape has been defined as forcible male penile penetration of a female — which excludes cases involving oral and anal penetration, where the victims were drugged or under the influence of alcohol, and male victims.

"In order for the public to combat violence in our communities, we need to know where it exists and what it looks like," said Carol Tracy, director of the Women's Law Project, which helped spur reform in Philadelphia a decade ago and has taken a leading role in the push to update the FBI's definition.

The New York Times first reported Thursday the potential for change after police chiefs, sex-crimes investigators, federal officials and advocates convened in Washington to discuss the limitations of the federal definition and the wider issue of local police departments not adequately investigating rapes.
Among those who spoke at that meeting was Baltimore Police Commissioner Frederick H. Bealefeld III, who told The Sun that he supports a change.

"Revising the definition of rape would result in a higher and more accurate number of rapes that are reported nationwide each year," Bealefeld said. "As we in Baltimore know all too well, the accurate and complete reporting of sexual assault is critically important in order to build victim confidence and trust, as well as to understand the nature of the problem nationwide."

According to statistics released by the FBI this month, there were 84,767 sexual assaults across the country last year, a drop of 5 percent from the previous year. Sexual assaults have long been one of the most underreported types of crime, with an estimated 80 percent of assaults not referred to police, experts say."

Thursday, September 29, 2011

New way eases gunshot forensics (Science Alert)

New way eases gunshot forensics (Science Alert)

"Forensic detection of gunshot residues at crime scenes could be made easier and more affordable with further development of detecting barium (Ba) through anodic stripping voltammetry.

ECU School of Natural Sciences researcher Dr Magdalena Warjak says that while lead (Pb), antimony (Sb), and copper (Cu) in gunshot residues could be detected, barium is more difficult.

“There is no reliable and highly accurate on-site method for barium detection and many other industries, such as oil and gas, use barium compounds and need to constantly monitor barium concentrations in their waste before releasing it into the environment,” she says.

“Anodic stripping voltammetry is an analytical technique that allows us to detect very low levels of metal and semi-metal ions present in liquid samples, using oxidation and reduction processes—concentrations down to micrograms per litre (µg) or parts per billion (ppb).

“Each metal or semi-metal has a different stripping potential and that’s how we can identify what metals are present in a particular sample.

“The main problem is barium requires very negative potential values for the barium ions to be deposited on the working electrode and this consequently causes problems with sensitivity, reproducibility and accuracy with its detection.

“The research involves investigating different electrolyte solutions, a variety of working electrodes and the use of an ultrasonic probe to reduce interference from gases formation.”

Using a portable digital voltammeter (PDV6000+), Dr Warjak has been able to detect barium in 10ppb and 20ppb barium standard solutions—the next goal is to lower the detection limit and then test the method on real gunshot residue samples.

“Currently, gunshot residues are collected using special adhesive sampling discs of various surfaces around crime scenes which must then be sent to be analysed qualitatively by a scanning electron microscope,” she says.

“This process is expensive, takes considerable time, requires trained chemists and may require additional samples to be collected later.

“It would be useful in some cases to perform a screen test to determine the presence of barium, lead and antimony in samples before sending them to the laboratory.”

Interest in Dr Warjak’s work has already come from the UK’s Cogent Environmental Company because it has clients that need to detect barium in industrial wastewater on-site.

“Anodic stripping voltammetry has yet to be presented to police forensic departments until the method has been developed and tested on real gunshot residue samples,” she says.

Dr Warjak expects her research on the residues to be finished by the end of the year."

Wednesday, September 28, 2011

Department of Justice: Trying Youth As Adults - PR Newswire - sacbee.com

Department of Justice: Trying Youth As Adults - PR Newswire - sacbee.com

"WASHINGTON, Sept. 27, 2011 -- New bulletin analyzes state laws to transfer juvenile offenders to adult court
WASHINGTON, Sept. 27, 2011 /PRNewswire-USNewswire/ -- The Department of Justice has released a new bulletin that examines laws that allow or require states to prosecute some juvenile offenders in adult criminal courts. The bulletin, Trying Juveniles as Adults: An Analysis of State Transfer Laws and Reporting, provides the latest overview of state juvenile transfer laws and practices and examines available state-level data on juveniles adjudicated in the criminal justice system.

Transfer laws are not new—all states have one or more transfer mechanisms—but legislative changes in recent decades have greatly expanded their scope. To date, only 13 states publicly report the total number of their transfers, and even fewer report offense profiles, demographic characteristics, or details regarding processing and sentencing. Although nearly 14,000 transfers can be derived from available 2007 sources, data from 29 states are missing from that total.

Among the findings reported in this bulletin are the following:

In most states, criminal prosecution renders a juvenile an "adult" forever.

The number of judicially waived cases hit an historic peak in 1994, when about 13,100 cases were waived, and has fallen 35 percent since that year.

Read more: http://www.sacbee.com/2011/09/27/3942121/department-of-justice-trying-youth.html#ixzz1ZGIp61HI

Tuesday, September 27, 2011

Former Texas prison cook offers to make 'last meals' for free - latimes.com

Former Texas prison cook offers to make 'last meals' for free - latimes.com

"A former Texas inmate who cooked the so-called last meals for hundreds of death row inmates has offered to donate his services rather than allow condemned prisoners to do without their last meal of choice.

Last week, Texas officials announced that they were ending the practice of allowing prisoners to request special last meals. The decision came after a state lawmaker complained that an inmate had manipulated the system before his execution by requesting a large amount of food -- that he then refused to eat.

Starting this week, death row inmates will receive the same meals as other inmates, prison officials said.

Brian Price, a longtime prison cook, told the Associated Press on Monday that the move by prison officials was "cold-hearted."

"I am offering to prepare, and/or pay for, all of the last-meal requests from this day forward," he told the Associated Press. "Taxpayers will be out nothing."

Price made 220 final meals, beginning in 1991, while doing time for a pair of convictions related to the abduction of his brother-in-law and a sexual assault on his ex-wife. After his release in 2003, Price wrote a cookbook about his days at the Huntsville Unit called "Meals to Die For." He now runs a restaurant at Houston County Lake in East Texas. He could not be reached by phone late Monday.

Texas Department of Criminal Justice spokeswoman Michelle Lyons called Price's proposal "a kind offer" that the state did not intend to accept.

"It's not the cost but rather the concept we're moving away from," she told The Times."

Monday, September 26, 2011

Tough Sentences Help Prosecutors Push for Plea Bargains - NYTimes.com

Tough Sentences Help Prosecutors Push for Plea Bargains - NYTimes.com

"GAINESVILLE, Fla. — After decades of new laws to toughen sentencing for criminals, prosecutors have gained greater leverage to extract guilty pleas from defendants and reduce the number of cases that go to trial, often by using the threat of more serious charges with mandatory sentences or other harsher penalties.

Some experts say the process has become coercive in many state and federal jurisdictions, forcing defendants to weigh their options based on the relative risks of facing a judge and jury rather than simple matters of guilt or innocence. In effect, prosecutors are giving defendants more reasons to avoid having their day in court.

“We now have an incredible concentration of power in the hands of prosecutors,” said Richard E. Myers II, a former assistant United States attorney who is now an associate professor of law at the University of North Carolina. He said that so much influence now resides with prosecutors that “in the wrong hands, the criminal justice system can be held hostage.”

One crucial, if unheralded, effect of this shift is now coming into sharper view, according to academics who study the issue. Growing prosecutorial power is a significant reason that the percentage of felony cases that go to trial has dropped sharply in many places.

Plea bargains have been common for more than a century, but lately they have begun to put the trial system out of business in some courtrooms. By one count, fewer than one in 40 felony cases now make it to trial, according to data from nine states that have published such records since the 1970s, when the ratio was about one in 12. The decline has been even steeper in federal district courts."

Friday, September 23, 2011

Texas Prisons End Special Last Meals In Executions : NPR

Texas Prisons End Special Last Meals In Executions : NPR

"HOUSTON (AP) — It's a tradition with roots that can be traced far back in history: Before being put to death, a condemned prisoner can choose his last meal.
Not so anymore in Texas.

Officials who oversee the country's busiest death chamber stopped the practice on Thursday after a prominent state senator complained about a hefty request from a man executed for his role in a notorious dragging death. Now, inmates get to eat only what the kitchen serves.

The controversy began after Lawrence Russell Brewer, who was executed on Wednesday for the hate crime slaying of James Byrd Jr. more than a decade ago, asked for two chicken fried steaks, a triple-meat bacon cheeseburger, fried okra, a pound of barbecue, three fajitas, a meat lover's pizza, a pint of ice cream and a slab of peanut butter fudge with crushed peanuts. Prison officials said Brewer didn't eat any of it.
"It is extremely inappropriate to give a person sentenced to death such a privilege," Sen. John Whitmire, chairman of the Senate Criminal Justice Committee, wrote in a letter Thursday to Brad Livingston, the executive director of the Texas Department of Criminal Justice.

Within hours, Livingston said the senator's concerns were valid and the practice of allowing death row offenders to choose their final meal was history.

"Effective immediately, no such accommodations will be made," Livingston said. "They will receive the same meal served to other offenders on the unit."

That had been the suggestion from Whitmire, who called the traditional request "ridiculous."

"It's long overdue," the Houston Democrat told The Associated Press. "This old boy last night, enough is enough. We're fixing to execute the guy and maybe it makes the system feel good about what they're fixing to do. Kind of hypocritical, you reckon?

"Mr. Byrd didn't get to choose his last meal. The whole deal is so illogical."

Brewer, a white supremacist gang member, was convicted of chaining Byrd, 49, to the back of a pickup truck and dragging him to his death along a bumpy road in a case shocked the nation for its brutality.
It was not immediately clear whether other states have made similar moves. Some limit the final meal cost — Florida's ceiling is $40, according to the Department of Corrections website, with food to be purchased locally. Others, like Texas, which never had a designated dollar limit, mandate meals be prison-made. Some states don't acknowledge final meals, and others will disclose the information only if the inmate agrees, said K. William Hayes, a Florida-based death penalty historian."

Thursday, September 22, 2011

Chief judge proposes sweeping juvenile justice reforms

Chief judge proposes sweeping juvenile justice reforms

"NEW YORK, Sept 21 (Reuters) - New York state's chief judge announced on Wednesday a sweeping proposal to divert youth accused of committing minor crimes from criminal to family court, a move he acknowledged could place a "heavy burden" on an already cash-strapped court system.

At a forum held at Fordham University by the Citizens Crime Commission, Chief Judge Jonathan Lippman told a packed room of lawyers and judges that the adult criminal-justice system, with its emphasis on punishment over rehabilitation, was not equipped to deal with the needs of 16- and 17-year-olds.

"Prosecuting these adolescents in the criminal court does not improve public safety or the quality of life in our communities," he said.

Currently, 37 states and the District of Columbia treat 18 as the age of criminal responsibility. New York and North Carolina are the only states that prosecute 16-year-olds as adults. Lippman said that a proposal in North Carolina to increase the age of criminal responsibility could mean that "New York may very soon have the dubious distinction of standing alone on this issue."

Every year, between 45,000 and 50,000 16- and 17-year-olds are arrested in New York and prosecuted as adults, Lippman said, adding that a small fraction of these cases involved serious crimes such as rape, murder or robbery.

In family court, Lippman said, the law gives the Department of Probation the discretion to close a case if a juvenile offender complies with certain conditions. Criminal court judges have no such discretion."

Wednesday, September 21, 2011

New York’s Chief Judge Seeks New System for Juvenile Defendants - NYTimes.com

New York’s Chief Judge Seeks New System for Juvenile Defendants - NYTimes.com

"New York State has long dealt with 16- and 17-year-old defendants more severely than almost every other state, trying all of them as adults in criminal courts. Now, New York’s chief judge is calling for a less punitive approach that would focus on finding ways to rehabilitate them.

The judge, Jonathan Lippman, is proposing that the state transfer jurisdiction for 16- and 17-year-olds accused of less serious crimes to family courts, which have more social services, while continuing to prosecute the most violent juveniles as adults. The plan reflects an emerging consensus in many states that troubled teenagers have been mishandled by the adult court system.

If the state adopts the plan, it will most likely have to allocate more money for social services and for the court system, which is already financially overburdened. The change would require a reorganization of the network of city and state agencies in the criminal justice system. The roles of judges, prosecutors, correction and probation officers and many others would change.

“I think it’s complex but feasible,” said Edwina G. Richardson-Mendelson, the administrative judge for New York City Family Court, which would have to handle tens of thousands more cases each year under the plan.

Judge Lippman’s proposal would have to be approved by Gov. Andrew M. Cuomo and the State Legislature. The Republican majority in the State Senate has often favored more stringent criminal justice measures, and may be reluctant to approve it.

A spokesman for Mr. Cuomo did not immediately respond to requests for comment. A spokesman for the Senate majority leader, Dean G. Skelos of Long Island, said his office would review the proposal.

The Democratic majority in the Assembly has historically supported such measures.

New York and North Carolina are the only states that try all 16-year-olds as adults. This year, North Carolina lawmakers introduced legislation to move those cases to juvenile court. Several other states have made similar moves in recent years.

In a speech that Judge Lippman is scheduled to give on Wednesday to the Citizens Crime Commission of New York City, he is to push for the state’s sentencing commission to draft a bill to be introduced in the State Legislature at the beginning of the 2012 session in January."

Tuesday, September 20, 2011

Debate still simmers over NY hate crime stabbing - CBS News

Debate still simmers over NY hate crime stabbing - CBS News

"(AP) PATCHOGUE, New York — Library assistant Gilda Ramos says she was stunned the first time Hispanics in her English language class told her that many had been victims of attacks and robberies by marauding gangs of teenagers. "Walking ATMs," is how she describes the workers, who often were robbed on Friday or Saturday night after getting paid from jobs such as dishwashing, construction or landscaping.

The revelation came just days before the fatal stabbing of Ecuadorean immigrant Marcelo Lucero in November 2008, only a block or so from the library where Ramos teaches. His attackers later told a judge that targeting Hispanics was something they did for kicks; confident their victims would not call police, because they feared questions about their immigration status, or they assumed their complaints would be disregarded.

Seven high school pals are now in prison; the teen who inflicted the fatal blow is serving 25 years. A new PBS documentary portrays efforts by community leaders to put the killing in the past. However, a letter last week to county leaders from the U.S. Justice Department, which began a probe of police policy after the killing, indicates much still needs to be done.

The 28-page missive to Suffolk County Executive Steve Levy from the department's Civil Rights Division lists recommendations for improving hate crime investigations and cites vague policies and procedures that preceded Lucero's killing. Michael Goldberger, chief of the Civil Rights Division in the department's Brooklyn, New York, office, said these were just preliminary recommendations; a final report is pending.

The recommendations included making it easier for people to register complaints about the police by placing notices in libraries and other public places, and better community outreach and improved communication with officers on the beat. The letter cited some confusion over interpreting what a hate crime is.

"Officers need to be informed clearly that youths are capable of committing hate crimes," the letter says. "The tendency to brush off attacks as 'just kids being kids' fails to recognize the severity of criminal conduct in which minors may engage, as seen from the murder of Marcelo Lucero."

Monday, September 19, 2011

Tickle The Wire » Justice Department Upping Efforts to Police the Police

Tickle The Wire » Justice Department Upping Efforts to Police the Police

"WASHINGTON — The Obama administration is ramping up civil rights enforcement against local police nationwide, opening a number of investigations to determine whether officers are guilty of brutality or discrimination against Hispanics and other minorities.

In recent months, the Justice Department has begun inquiries into major city police departments such as Portland, Ore., where officers shot several people who had mental health issues, and Seattle, where police were accused of gunning down a homeless Native American woodcarver. The department issued a scathing report earlier this month accusing Puerto Rico police of a “staggering level of crime and corruption.’’

All told, Justice’s Civil Rights Division is conducting 17 probes of police and sheriff departments — the largest number in its 54-year history. The investigations are civil, meaning they will not lead to criminal charges, but can result in court-enforced reforms."