An article in the Nacogdoches (Texas) Daily Sentinel discusses in detail the sociologists and criminologists who have studied privatization of prisons and the results that they wrote about in numerous articles and books.
Nacogdoches is looking to the prison for tax revenue and growth. The minimum security facility will house illegal alliens who must serve less than 90 months prior to being deported. There is a high probability that many of those inmates committed gang related crimes. Texas has no built-in oversight for privately owned or run prisons. Federal law restricts overcrowding in state-run facilities, but this law does not apply to privately owned prisons.
Dilulio, a noted criminologist, has written about the poor training that private correctional staff receive; the article quotes him as stating that guards at privately run facilities are "ill-trained, under-educated, poorly paid, and unprofessional."
At the moment the prison population is exploding and the percentage of the budget used for corrections is higher than that allocated for higher education. But there are indications that rehabilitative and alternative community corrections may be on the rise. 10% of Texas prisoners are currently serving time in privately run facilities.
The State of New York has seen the impact on rural communities when the prison closed and local employment opportunities vanished. Will that happen in Texas and other communities with privately operated prisons?
In 2002 the Bureau of Justice Assistance reported that there were 49% more assaults on guards and 65% more assaults on fellow inmates in privately run prisons compared to government operated prisons.
Do you think we should be looking to privately run prisons or a change in correctional philosophy to deal with the rising prison inmate count?
Tuesday, July 29, 2008
Saturday, July 26, 2008
Prisoners are spending 20 plus years on Death Row
In a recent USA Today article, it was revealed that in California the average Death Row inmate spends 20 years prior to execution, if they are eventually executed, at a cost of $90,000 per year. When Alabama executed three prisoners in 2007, they had spent an average of 23 years awaiting execution.
Beccaria wrote in 1764 that if deterrence was to be achieved, punishment had to be swift, certain, proportionate, and appropriate.
Obviously the first two have no connection to Death Row as it exists today. In a recent Supreme Court case, it was held that the death penalty for raping a child who was not killed was unconstitutional. Other recent holdings have found it unconstitutional to execute one who was under 18 at the time of the killing or to execute one who is mentally incompetent by virtue of a very low IQ.
Arguments for and against the death penalty abound. It is interesting to note that both Beccaria and Bentham, Classical School of Criminology, were against the death penalty. Now that life without possibility of parole is gaining a foothold in sentencing, one cannot help asking if a death penalty sentence that costs a state well over a million dollars and takes two decades or more to be carried out makes any sense, economically or from the deterrence perspective.
Should we have a separate appeals court that only handles death penalty cases in hopes of speeding up the process? Should all those for whom evidence exists that could be tested for DNA have the tests automatically? How do we assure "due process" and yet avoid executing the innocent, if that is truly possible?
Do you think the time has come for each state to have its citizens vote on whether to continue the death penalty sentence or eliminate it and convert the sentence of all on death row to life without possibility of parole?
Do you favor or oppose the death penalty? What is your reasoning for this position?
Beccaria wrote in 1764 that if deterrence was to be achieved, punishment had to be swift, certain, proportionate, and appropriate.
Obviously the first two have no connection to Death Row as it exists today. In a recent Supreme Court case, it was held that the death penalty for raping a child who was not killed was unconstitutional. Other recent holdings have found it unconstitutional to execute one who was under 18 at the time of the killing or to execute one who is mentally incompetent by virtue of a very low IQ.
Arguments for and against the death penalty abound. It is interesting to note that both Beccaria and Bentham, Classical School of Criminology, were against the death penalty. Now that life without possibility of parole is gaining a foothold in sentencing, one cannot help asking if a death penalty sentence that costs a state well over a million dollars and takes two decades or more to be carried out makes any sense, economically or from the deterrence perspective.
Should we have a separate appeals court that only handles death penalty cases in hopes of speeding up the process? Should all those for whom evidence exists that could be tested for DNA have the tests automatically? How do we assure "due process" and yet avoid executing the innocent, if that is truly possible?
Do you think the time has come for each state to have its citizens vote on whether to continue the death penalty sentence or eliminate it and convert the sentence of all on death row to life without possibility of parole?
Do you favor or oppose the death penalty? What is your reasoning for this position?
Sunday, July 20, 2008
Interesting Upside to High Gas Prices
The higher cost of gas is having a major impact on police department budgets and some are reacting by a return to community policing with true interaction.
To cut fueling costs, police are being asked to walk around neighborhoods more and enter shops and talk with the owners, workers, and patrons. The concept of community policing which originated in Japan involved having the police accepted as part of the community.
Riding around in a police car with the windows up because of heat or cold means a reliance on only one sense: visual. The community sees a police presence as the car rolls by and groups scatter when the car is noticed. All of this is definitely positive, but the one-on-one association with community leaders and members is best achieved by personal intervention in natural settings.
There are definite costs and benefits to consider. For a good overview of things being done around the country, this is a good article to read.
To cut fueling costs, police are being asked to walk around neighborhoods more and enter shops and talk with the owners, workers, and patrons. The concept of community policing which originated in Japan involved having the police accepted as part of the community.
Riding around in a police car with the windows up because of heat or cold means a reliance on only one sense: visual. The community sees a police presence as the car rolls by and groups scatter when the car is noticed. All of this is definitely positive, but the one-on-one association with community leaders and members is best achieved by personal intervention in natural settings.
There are definite costs and benefits to consider. For a good overview of things being done around the country, this is a good article to read.
Saturday, July 19, 2008
Is it time to overrule the Exclusionary Rule?
We are the only country that automatically excludes any evidence that was tainted in the process of
retrieval -- faulty search warrant; questionable probable cause; unlawful search; etc.
The purpose of exclusion when it was introduced by the Supreme Court, first in
Weeks v. U.S. and then again in Mapp v. Ohio, was to deter police
from constitutional violations, specifically those involving the 4th
Amendment. This issue is discussed in an excellent article by Adam Liptak.
The Exclusionary Rule is applied no matter how serious the offense nor how major/minor
the police error actually is or even the value of the evidence. Other countries allow a judge
to decide if the error is grievous enough to outweigh other factors.
Next October the United States Supreme Court will hear Herring v. U.S.
which is an exclusionary rule case that involves poor record keeping by another police
department that led to an arrest involving drugs and guns. Many court watchers
believe that the current Court will continue to add exceptions so that the rule will not
automatically apply in all instances and actually apply in fewer and fewer.
The question has become one of costs and balances or to use a quote from Justice Benjamin Cardozo
should “The criminal ... go free because the constable has blundered.” ?
The United States Supreme Court first applied the exclusionary rule to the federal courts 94 years ago
in Weeks v. United States (1914). During the Warren Court era the Rule was made applicable
to the states under the equal protection clause of the 14th Amendment.
Do you think it should remain a viable rule? Does its benefit outweigh its cost?
retrieval -- faulty search warrant; questionable probable cause; unlawful search; etc.
The purpose of exclusion when it was introduced by the Supreme Court, first in
Weeks v. U.S. and then again in Mapp v. Ohio, was to deter police
from constitutional violations, specifically those involving the 4th
Amendment. This issue is discussed in an excellent article by Adam Liptak.
The Exclusionary Rule is applied no matter how serious the offense nor how major/minor
the police error actually is or even the value of the evidence. Other countries allow a judge
to decide if the error is grievous enough to outweigh other factors.
Next October the United States Supreme Court will hear Herring v. U.S.
which is an exclusionary rule case that involves poor record keeping by another police
department that led to an arrest involving drugs and guns. Many court watchers
believe that the current Court will continue to add exceptions so that the rule will not
automatically apply in all instances and actually apply in fewer and fewer.
The question has become one of costs and balances or to use a quote from Justice Benjamin Cardozo
should “The criminal ... go free because the constable has blundered.” ?
The United States Supreme Court first applied the exclusionary rule to the federal courts 94 years ago
in Weeks v. United States (1914). During the Warren Court era the Rule was made applicable
to the states under the equal protection clause of the 14th Amendment.
Do you think it should remain a viable rule? Does its benefit outweigh its cost?
Friday, July 18, 2008
A short 7 minute movie about women in prison for drug offenses
I believe you will find this short documentary interesting as well as thought provoking.
The film illustrates the difficulty of a judge faced with sentencing guidelines that require more time than the judge feels is warranted in a specific case.
When the Sentencing Guidelines were put into effect, the idea was to eliminate the disparate sentences
received by offenders, with the same criminal history and other factors, depending on the geographic
location and beliefs of the various federal judges.
The unintended consequence is the removal of judicial discretion that allowed for extended
probation, counseling, and other community correctional resources that would better
serve the offender and the community itself.
Do you think Sentencing Guidelines serve the intended purpose?
Is judicial discretion something that needed to be eliminated?
Can you think of a middle ground?
The film illustrates the difficulty of a judge faced with sentencing guidelines that require more time than the judge feels is warranted in a specific case.
When the Sentencing Guidelines were put into effect, the idea was to eliminate the disparate sentences
received by offenders, with the same criminal history and other factors, depending on the geographic
location and beliefs of the various federal judges.
The unintended consequence is the removal of judicial discretion that allowed for extended
probation, counseling, and other community correctional resources that would better
serve the offender and the community itself.
Do you think Sentencing Guidelines serve the intended purpose?
Is judicial discretion something that needed to be eliminated?
Can you think of a middle ground?
Wednesday, July 16, 2008
Bill regarding Juvenile Justice is being considered
A federal law passed back in 1974 required that juveniles be kept separated from adult offenders.
The Senate Judiciary Committee is considering The Juvenile Justice Delinquency and Prevention Reauthorization Act of 2008 to strengthen protections for juveniles while safeguarding judicial discretion to deal with exceptional cases.
The bill calls for preserving and expanding programs that have been particularly effective in combating delinquency and crime among youth, including mentoring and after-school supervision.
A Washington Post article provides a great deal of information on this subject.
An important feature of the bill involves status offenders whose actions are only crimes because of their age. Studies show that alternatives to incarceration are more effective with these young people and better serve the community.
Watching whether the bill is reported out and voted upon is something those interested in juvenile justice should do. The bill will then go to the House for consideration.
Because of lobbying from a wide variety of interests, the bill that finally emerges and gets sent to the President may contain many other provisions. Be sure to contact your representatives and voice your opinion on the proposed bill. Since few people take the time to do so, letters received from constituents are given more weight than might be assumed.
The Senate Judiciary Committee is considering The Juvenile Justice Delinquency and Prevention Reauthorization Act of 2008 to strengthen protections for juveniles while safeguarding judicial discretion to deal with exceptional cases.
The bill calls for preserving and expanding programs that have been particularly effective in combating delinquency and crime among youth, including mentoring and after-school supervision.
A Washington Post article provides a great deal of information on this subject.
An important feature of the bill involves status offenders whose actions are only crimes because of their age. Studies show that alternatives to incarceration are more effective with these young people and better serve the community.
Watching whether the bill is reported out and voted upon is something those interested in juvenile justice should do. The bill will then go to the House for consideration.
Because of lobbying from a wide variety of interests, the bill that finally emerges and gets sent to the President may contain many other provisions. Be sure to contact your representatives and voice your opinion on the proposed bill. Since few people take the time to do so, letters received from constituents are given more weight than might be assumed.
Texas Ignores World Court
Because of our dual track system, the President of the United States lacks the legal authority to tell officials in the state government what to do about prison sentences.
Acting on a claim by Mexico’s government that the U.S. government has not done enough to assure the treaty rights of Mexican nationals facing execution for murders in the U.S., the World Court on Wednesday ordered the U.S. — by a 7-5 vote — to stop five imminent executions in Texas.
Leaving it up to the U.S. to choose the way to carry out the order, the international tribunal — formally, the International Court of Justice that sits in The Hague, Netherlands — told the U.S. only to “take all measures necessary to ensure” that Texas does not execute five individuals on its death row.
In March the United States Supreme Court ruled in Medellin v. Texas by 6-3 that a ruling by the World Court could not be enforced against Texas nor by direct intervention of the President of the United States.
The United States Congress would have to make the Vienna Convention binding on the United States which has not been done so far.
A bill to do so was offered in the House but has not been acted upon.
The basic issue revolves around the fact that these men on death row were not told that they had the right to confer with Mexican consulate officials.
The article is quite informative and has links to the actual world court decision as well as a summary of the decision. A four countries supported the United States, but seven did not.
Acting on a claim by Mexico’s government that the U.S. government has not done enough to assure the treaty rights of Mexican nationals facing execution for murders in the U.S., the World Court on Wednesday ordered the U.S. — by a 7-5 vote — to stop five imminent executions in Texas.
Leaving it up to the U.S. to choose the way to carry out the order, the international tribunal — formally, the International Court of Justice that sits in The Hague, Netherlands — told the U.S. only to “take all measures necessary to ensure” that Texas does not execute five individuals on its death row.
In March the United States Supreme Court ruled in Medellin v. Texas by 6-3 that a ruling by the World Court could not be enforced against Texas nor by direct intervention of the President of the United States.
The United States Congress would have to make the Vienna Convention binding on the United States which has not been done so far.
A bill to do so was offered in the House but has not been acted upon.
The basic issue revolves around the fact that these men on death row were not told that they had the right to confer with Mexican consulate officials.
The article is quite informative and has links to the actual world court decision as well as a summary of the decision. A four countries supported the United States, but seven did not.
Watch a Slide Show of New Segregation Prison Unit
Minnesota Correctional Facility-Stillwater has a new segregated unit designed to prevent the mayhem that caused widespread damage in 2004. The day after Christmas 2004 there was a riot in the unit.
The original prison section where segregated inmates were kept was built in 1914. The design with widely spaced bars allowed for prisoners to abuse guards by hurling material at them. Cells had to be opened manually; old wiring and pipes were vulnerable.
The new unit which opened this week incorporates technology and design to promote greater safety for the guards.
In addition to some interesting information about the new unit, the article includes a slide show that you will want to see. The various pictures show the cells themselves as well as the new technology advances in prison design. Somethings that are now part of the unit may surprise you, such as air conditioning, until you read the reasoning behind it.
The original prison section where segregated inmates were kept was built in 1914. The design with widely spaced bars allowed for prisoners to abuse guards by hurling material at them. Cells had to be opened manually; old wiring and pipes were vulnerable.
The new unit which opened this week incorporates technology and design to promote greater safety for the guards.
In addition to some interesting information about the new unit, the article includes a slide show that you will want to see. The various pictures show the cells themselves as well as the new technology advances in prison design. Somethings that are now part of the unit may surprise you, such as air conditioning, until you read the reasoning behind it.
Tuesday, July 15, 2008
Florida Supreme Court says Sex Offenders may have porn
It seems as if some court rulings defy common sense. Florida's Supreme Court held that a convicted sex offender who was on probation should not have been sent to prison for violating his conditions of probation.
The Court found the statute prohibiting felons from having pornography was ambiguous. The statute states:
The Court found the statute prohibiting felons from having pornography was ambiguous. The statute states:
``Unless otherwise indicated in the treatment plan provided by the sexual offender treatment program, a prohibition on viewing, accessing, owning or possessing any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs or computer services that are relevant to the offender's deviant behavior pattern.''
The court holding said that the highlighted phrase did not mean a total prohibition on pornography but only that which related to the offense itself. In this instance Donald Kasischke pleaded guilty in 2001 to three counts each of lewd or lascivious battery and exhibition on a 15-year-old boy. But when the pornography involving male sex acts could not be established as between underage males, the court said he had not violated his conditions of probation.
One can only hope that the Florida legislature will immediately clarify the statute to state that absolutely no pornography is allowed.
Allowing any convicted sex offender to have any type of pornographic material in his home or on his computer makes no sense whatsoever.
Do you agree with my feeling on the subject? Please post your comments.
Death Row Inmates Have Web Pages
This one is hard to fathom. According to an article in the Los Angeles Times an anti-death penalty group called the Canadian Coalition Against the Death Penalty provides the means for a death row inmate to have a web page.
"Prisoners are barred from direct computer access that officials say could allow them to threaten witnesses or orchestrate crimes. Thanks to supporters and commercial services, however, many of the state's 673 condemned inmates now have pen-pal postings and personalized Web pages with their writings, artwork and photos of themselves -- often accompanied by declarations of innocence and pleas for friendship and funds."
Apparently a prisoner's mail privileges allows all the material to be sent to persons who then post it to a web site that has the prisoner's name.
In California attempts to stop the flow run into constitutional problems.
The Cornell Law School Library provides a good look at some of the Court's holdings on a variety of constitutional issues involving prison inmates.
Reading the Los Angeles Times article will give you greater insight into who has a web site and what is being posted on it as well as the problems it is causing for victims and their families.
What is your reaction?
"Prisoners are barred from direct computer access that officials say could allow them to threaten witnesses or orchestrate crimes. Thanks to supporters and commercial services, however, many of the state's 673 condemned inmates now have pen-pal postings and personalized Web pages with their writings, artwork and photos of themselves -- often accompanied by declarations of innocence and pleas for friendship and funds."
Apparently a prisoner's mail privileges allows all the material to be sent to persons who then post it to a web site that has the prisoner's name.
In California attempts to stop the flow run into constitutional problems.
The Cornell Law School Library provides a good look at some of the Court's holdings on a variety of constitutional issues involving prison inmates.
Reading the Los Angeles Times article will give you greater insight into who has a web site and what is being posted on it as well as the problems it is causing for victims and their families.
What is your reaction?
Sunday, July 13, 2008
Will the Supreme Court Rehear the Death Penalty for Rapists case
In The New York Times on Friday July 11th, there is a short article about the efforts of 85 members of Congress who are seeking a rehearing from the United States Supreme Court. The Court in its ruling that the death penalty for those who rape children violated the 8th Amendment relied on current federal and state law. Included in the ruling was the fact that there was no federal law that provided the death penalty for a child rapist. After the ruling was issued, it was revealed that the Code of Military Justice, which is federal law, does in fact provide for the death penalty when a child is raped. In 2006 Congress revised the sex-crimes section of the Uniform Code of Military Justice and added rape of a child to its death penalty eligible crimes.
It will be interesting to see if the rehearing is granted, but the probability is that it will not be. The reference to federal law was a very small part of a very long opinion and this author does not think that it would reverse the decision.
It will be interesting to see if the rehearing is granted, but the probability is that it will not be. The reference to federal law was a very small part of a very long opinion and this author does not think that it would reverse the decision.
Wednesday, July 9, 2008
More than 5 Years in a Chicago Jail Awaiting Trial
Speedy Justice does not seem to extend to Chicago where 36 inmates have
languished in jail for more than 5 years while
430 others have been waiting at least 2 years according to an article
in the Chicago Sun-Times.
The irony is that those at Guantanamo have lawyers screaming about the injustice while those
in Chicago get little or no attention. Yes, we have speedy trial laws, but we also have defense counsel
and prosecutors getting extensions and no judges to hear the cases.
Hurricane Katrina brought to light the problems with the criminal justice system and the
unavailability of defense counsel in New Orleans. It usually takes a newspaper and some investigative
reporting before there is any public awareness.
Long-term jail inmates are often involved in jail violence. Millions of dollars are spent on
food, guards, and other expenses.
The long-term offender mentioned in the article is charged with murder. If he is found guilty,
he needs to be in prison and not in a jail with petty offenders.
The blame in Chicago is put on the lack of judges. Something needs to be done in Chicago and
everywhere else in our country whenever the system is found lacking.
languished in jail for more than 5 years while
430 others have been waiting at least 2 years according to an article
in the Chicago Sun-Times.
The irony is that those at Guantanamo have lawyers screaming about the injustice while those
in Chicago get little or no attention. Yes, we have speedy trial laws, but we also have defense counsel
and prosecutors getting extensions and no judges to hear the cases.
Hurricane Katrina brought to light the problems with the criminal justice system and the
unavailability of defense counsel in New Orleans. It usually takes a newspaper and some investigative
reporting before there is any public awareness.
Long-term jail inmates are often involved in jail violence. Millions of dollars are spent on
food, guards, and other expenses.
The long-term offender mentioned in the article is charged with murder. If he is found guilty,
he needs to be in prison and not in a jail with petty offenders.
The blame in Chicago is put on the lack of judges. Something needs to be done in Chicago and
everywhere else in our country whenever the system is found lacking.
Monday, July 7, 2008
Honor Killing in Georgia
Customs and cultural traditions are not necessarily left behind when a person or a family immigrates to a new nation. In Pakistan and in other countries around the world arranged marriages are the norm. And so the daughter of a Pakistani family who lived in Georgia was betrothed and married to a man selected by her father.
Apparently the daughter was unhappy in the marriage and planned to seek a divorce. In her father's eyes this would bring dishonor to the family. According to newspaper reports the father confessed to strangling the daughter in what is called an honor killing.
He was brought to court to hear the charges read, but the judge questioned his understanding of what was being said. So he will return to court tomorrow when a translator will be available.
You can read more about this on the Fox News web site. Honor killings are showing up in Western societies because of the increase in immigration from countries where this practice is acceptable. It is important to note that while Pakistan as a nation condemns honor killings, it is still acceptable in areas where tribal law is the norm.
Apparently the daughter was unhappy in the marriage and planned to seek a divorce. In her father's eyes this would bring dishonor to the family. According to newspaper reports the father confessed to strangling the daughter in what is called an honor killing.
He was brought to court to hear the charges read, but the judge questioned his understanding of what was being said. So he will return to court tomorrow when a translator will be available.
You can read more about this on the Fox News web site. Honor killings are showing up in Western societies because of the increase in immigration from countries where this practice is acceptable. It is important to note that while Pakistan as a nation condemns honor killings, it is still acceptable in areas where tribal law is the norm.
Thursday, July 3, 2008
Two who committed crime cannot be prosecuted
A story in today's Fort Worth Star Telegram about a man who has been in prison for 15 years and has just been released based on DNA evidence discusses the fact that the two who were implicated cannot be prosecuted. Why? The statute of limitations has run out.
There is a statute of limitations for every crime and once it runs out the perpetrator can never be tried for that crime. The only exception is first degree homicide which has no statute of limitations.
What makes this story even more disturbing is that this is the 19th time since 2001 that someone in Dallas County has been exonerated after serving many years in prison. According to the Innocence Project this number is a national high and not something to be proud about.
Because of problems with the crime lab in Dallas under the former prosecutor, the chances are good that 19 will not be the last number.
No matter the cost of testing, DNA testing should be used when evidence is available and an inmate requests it to prove his/her innocence. An Arlington man has been on death row for 25 years and just had a stay of execution with a hearing scheduled to allow DNA testing and the admission of evidence that was not known until a few years after the conviction.
No matter where one stands on the issue of the death penalty, none of us wants to see an innocent person executed.
There is a statute of limitations for every crime and once it runs out the perpetrator can never be tried for that crime. The only exception is first degree homicide which has no statute of limitations.
What makes this story even more disturbing is that this is the 19th time since 2001 that someone in Dallas County has been exonerated after serving many years in prison. According to the Innocence Project this number is a national high and not something to be proud about.
Because of problems with the crime lab in Dallas under the former prosecutor, the chances are good that 19 will not be the last number.
No matter the cost of testing, DNA testing should be used when evidence is available and an inmate requests it to prove his/her innocence. An Arlington man has been on death row for 25 years and just had a stay of execution with a hearing scheduled to allow DNA testing and the admission of evidence that was not known until a few years after the conviction.
No matter where one stands on the issue of the death penalty, none of us wants to see an innocent person executed.
Tuesday, July 1, 2008
Chinese beginning to sue
The story appeared in today's Wall Street Journal. In the past, Chinese culture did not include the use of attorneys. Undoubtedly most disputes are still settled within the community.
Although there are only a limited number of attorneys in China, the ratio of 1 attorney for every 10, 650 people is a huge increase from the past. As a point of comparison in America there is an attorney for every 270 people. In 1997 there were only 48,000 attorneys in China and now there are 122,000 and that number is growing as more finish the required program. There was a 54% increase in the number of civil cases in China from 2001 -- 2006. There is a legal aid center which saw a 40% increase in the first half of 2007 compared to 2006.
Following the recent earthquake that took the lives of many children whose school collapsed, parents are seeking to sue the government for certifying the building codes in schools which crumbled in the quake. This would have been unheard of not many years ago.
There are no juries in China and lawyers must sit to present their case. Effective June 1 new legislation went into effect that granted the Chinese some rights that we in the Western world take for granted. Defense lawyers no longer need permission from judicial authorities to see their clients. Police can no longer monitor attorney-client conversations. But the Chinese system has a long way to go before the rights granted to those in Western countries have any equality.
Courts refuse to hear politically sensitive cases and there appears to be no definitive definition of exactly what a politically sensitive case entails. It is claimed that as many as 300 lawyers have been jailed for speaking out about human rights or other sensitive issues.
Slowly but surely it appears as if the rule of law is beginning to sprout in China.
Although there are only a limited number of attorneys in China, the ratio of 1 attorney for every 10, 650 people is a huge increase from the past. As a point of comparison in America there is an attorney for every 270 people. In 1997 there were only 48,000 attorneys in China and now there are 122,000 and that number is growing as more finish the required program. There was a 54% increase in the number of civil cases in China from 2001 -- 2006. There is a legal aid center which saw a 40% increase in the first half of 2007 compared to 2006.
Following the recent earthquake that took the lives of many children whose school collapsed, parents are seeking to sue the government for certifying the building codes in schools which crumbled in the quake. This would have been unheard of not many years ago.
There are no juries in China and lawyers must sit to present their case. Effective June 1 new legislation went into effect that granted the Chinese some rights that we in the Western world take for granted. Defense lawyers no longer need permission from judicial authorities to see their clients. Police can no longer monitor attorney-client conversations. But the Chinese system has a long way to go before the rights granted to those in Western countries have any equality.
Courts refuse to hear politically sensitive cases and there appears to be no definitive definition of exactly what a politically sensitive case entails. It is claimed that as many as 300 lawyers have been jailed for speaking out about human rights or other sensitive issues.
Slowly but surely it appears as if the rule of law is beginning to sprout in China.
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