USA Today published an article that details how over 180 cities across the country have reverted to the practice of shaming in a low cost attempt to reduce prostitution.
Different cities are using different methods. "Chicago, New York, Denver, St. Louis and Madison, Wis., are among the cities that publicize arrests or send letters home, a USA TODAY review of policies showed."
Some cities use city television stations and local news media to publicize the names and pictures of "Johns" as well as prostitutes.
Asheville, N.C., police began showcasing arrested prostitutes and their clients on the city's website and television channel in February. The action has been criticized by the ACLU.
The American Civil Liberties Union claims it is punishment prior to conviction.
Asheville police also send "Suspicious Activity Notice" postcards to owners of cars spotted possibly cruising for prostitutes, Riddle said.
The use of shaming as a means of controlling behavior that is unacceptable to the community goes back to tribal law and customs.
When I read the article, I was reminded of Wilson's Broken Windows Theory.
Indianapolis brings clients together several times a year with residents of the neighborhood they trolled. Since 1999, convicts have listened to stories of children unable to play on sidewalks littered with used needles and condoms, said Diane Hannell, the Marion County, Ind., community prosecution administrator.
Hannell said just 2% of graduates of the Red Zone program have been arrested again after nine years. Over that time, nearly 400 clients have spent eight Saturday hours listening to residents and picking up trash, she said.
"There is great pride in this neighborhood, and some of the older ladies just really let these guys have it," said Jay Height, a pastor who helped found the program.
There are arguments put forth claiming that prostitution should be legalized so that health checks could be done to limit the sexually transmitted diseases and AIDS exposure that often result.
What do you think of the shaming methods used?
How do you feel about legalizing prostitution?
Sunday, August 31, 2008
Wednesday, August 27, 2008
Former Dallas County Inmate is awarded $900,000
Jury Awards Ex-Dallas Inmate $900,000 For Poor Medical Care
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A federal jury yesterday ordered Dallas County to pay
$900,000 to a former jail inmate for denying him
proper medical care while he was in custody,
reports the Dallas Morning News.
Don Tittle, attorney for plaintiff Stanley Shepherd,
said it was the largest jury verdict over a jail-neglect suit
against Dallas County. Tittle called the verdict an indictment
of the county's entire jail-health system. In legal terms,
that means the jail's "general conditions of confinement"
led to the damage suffered.
Shepherd, 51, entered the jail in October 2003
on a burglary and drug charge and suffered the stroke in January 2004.
In the seven weeks before his stroke, he received
little or no treatment or medication despite high blood- pressure
readings, Tittle said. Shepherd uses a wheelchair and is paralyzed
on his left side, Tittle said.
Last year, Dallas County agreed to pay $950,000 to families
of three mentally ill former inmates, one of whom died,
to settle a lawsuit over jail medical care.
Several scathing reports have criticized medical care in
Dallas County jails, which haven't met state standards since 2003.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A federal jury yesterday ordered Dallas County to pay
$900,000 to a former jail inmate for denying him
proper medical care while he was in custody,
reports the Dallas Morning News.
Don Tittle, attorney for plaintiff Stanley Shepherd,
said it was the largest jury verdict over a jail-neglect suit
against Dallas County. Tittle called the verdict an indictment
of the county's entire jail-health system. In legal terms,
that means the jail's "general conditions of confinement"
led to the damage suffered.
Shepherd, 51, entered the jail in October 2003
on a burglary and drug charge and suffered the stroke in January 2004.
In the seven weeks before his stroke, he received
little or no treatment or medication despite high blood- pressure
readings, Tittle said. Shepherd uses a wheelchair and is paralyzed
on his left side, Tittle said.
Last year, Dallas County agreed to pay $950,000 to families
of three mentally ill former inmates, one of whom died,
to settle a lawsuit over jail medical care.
Several scathing reports have criticized medical care in
Dallas County jails, which haven't met state standards since 2003.
Restraining inmates in labor
An article today discusses a new plan in Davidson County, Tennessee, that will end the shackling of
inmates who are pregnant and in labor.
Sheriff Daron Hall announced the changes this week, calling them radical and dramatic. He said pregnant inmates would be restrained during trips to the hospital or court if there were credible information they might try to escape or if they presented a danger to themselves or others.
The change comes nearly two months after Juana Villegas, an illegal immigrant who was nine months pregnant, was arrested on careless driving charges and detained at the Davidson County jail. Villegas, from Mexico, said she was handcuffed and shackled during transport to the hospital and had one leg shackled to the bed for a portion of her labor.
The sheriff confirmed her treatment was in line with the old policy because her status made her a medium-security inmate; those inmates are restrained regardless of gender or pregnancy.
Hall is president-elect of the American Correctional Association,
a Virginia-based trade group with about 19,000 members.
The association recommends that jailing agencies consider
the "age, gender, health and mental health
status" of inmates in restraining them, and use
the least restrictive and harmful method.
At least 38 states have policies allowing for some restraint at various stages of pregnancy or delivery.
inmates who are pregnant and in labor.
Sheriff Daron Hall announced the changes this week, calling them radical and dramatic. He said pregnant inmates would be restrained during trips to the hospital or court if there were credible information they might try to escape or if they presented a danger to themselves or others.
The change comes nearly two months after Juana Villegas, an illegal immigrant who was nine months pregnant, was arrested on careless driving charges and detained at the Davidson County jail. Villegas, from Mexico, said she was handcuffed and shackled during transport to the hospital and had one leg shackled to the bed for a portion of her labor.
The sheriff confirmed her treatment was in line with the old policy because her status made her a medium-security inmate; those inmates are restrained regardless of gender or pregnancy.
Hall is president-elect of the American Correctional Association,
a Virginia-based trade group with about 19,000 members.
The association recommends that jailing agencies consider
the "age, gender, health and mental health
status" of inmates in restraining them, and use
the least restrictive and harmful method.
At least 38 states have policies allowing for some restraint at various stages of pregnancy or delivery.
Sunday, August 24, 2008
Overdue Library Books and Jail
A 20-year old borrowed two books from the library and then ignored telephone calls and letters that told her the books were overdue.
Next she ignored a notice to appear in court.
The Grafton, Wisconsin police were then brought into the case.
Heidi Dalibor found herself being arrested, handcuffed, and processed into the jail.
Her mother had to pay $175 for her release as well as $30 for the overdue library charges.
Although it was the library books that got the headline space,
her not showing up in court was the reason she was arrested.
Periodically all over the country, those with overdue traffic tickets are rounded up and also taken to jail.
Do you think the publicity might have a deterrent effect?
Next she ignored a notice to appear in court.
The Grafton, Wisconsin police were then brought into the case.
Heidi Dalibor found herself being arrested, handcuffed, and processed into the jail.
Her mother had to pay $175 for her release as well as $30 for the overdue library charges.
Although it was the library books that got the headline space,
her not showing up in court was the reason she was arrested.
Periodically all over the country, those with overdue traffic tickets are rounded up and also taken to jail.
Do you think the publicity might have a deterrent effect?
Thursday, August 21, 2008
Many Questions about value of this
www.chicagotribune.com/news/local/chi-curran-webaug21,0,7540174.story
chicagotribune.com
Lake County Sheriff Mark Curran's in the jailhouse now
With week in the clink, official intends to gain perspective on
how to help inmates succeed after they have left prison
By Andrew L. Wang
Chicago Tribune reporter
7:39 PM CDT, August 20, 2008
Lake County Sheriff Mark Curran walked into the county jail in Waukegan on
Wednesday wearing a gray suit and necktie, but before long he changed into the
outfit he'll wear for the next week: a navy blue inmate uniform and a pair of ill-fitting, plastic jail slippers.
"It's somewhat surreal," said Curran, who was elected to his post in 2006
after stints as a county, state and federal prosecutor.
Moments before, jail deputies—who referred to Curran as "Sir"—booked him into the jail's system.
He was fingerprinted, a nurse took his blood pressure ("139 over 88," he said. "Is that high?")
and a deputy clipped a plastic identification bracelet on his right wrist. Then came the mug shot.
Rarely has the booking of an inmate at the jail drawn as much attention—
as dozens of reporters, photographers and cameramen documented Curran's every move.
A publicity stunt?
Perhaps. Curran attributes the idea of a voluntary, seven-day foray among those
on other side of the law as a way to raise awareness of the jail's anti-recidivism efforts
and glean firsthand knowledge of how it can improve on those programs.
"I believe that I can be a better sheriff by having a better understanding of jail operations
from the perspective of an inmate," he said at a news conference. "Because the idea came
to me in a church, I believe it is divinely inspired."
Curran, a Catholic who couched his reasoning for going to jail in terms of redemption
and forgiveness and often intersperses his public comments with religious terms,
said he was attending a law-enforcement leadership conference at Willow Creek
Community Church in Barrington when "a light bulb kind of went off in my head."
The sheriff saved his fire and brimstone for the Illinois Department of Corrections,
which he blamed for allowing conditions that led gangs to gestate within the walls of its prisons.
The state prison system "has treated inmates like caged animals, only to see them released
back into their communities angrier and more bitter than they originally were," he said.
Curran said he intends to learn how to improve programs to help inmates succeed
on the outside and draw attention to initiatives in the jail that might work at state prisons.
The sheriff will spend his first three nights in one of the jail's dorm-style accommodations,
according to jail officials. While other inmates in that area sleep in beds arranged in rows
in a large room, the sheriff will have his own 6-by-8-foot cell. From there he will spend
two nights in a general population cell that is one of several arranged around a day room
where inmates play cards and watch television. Curran also will spend a night in
the maximum-security segregation unit and the jail's medical unit, he said.
During the days he will participate in a substance abuse support group and take GED,
computer and "family communication" classes, as well as work in the kitchen and
work on a road cleanup crew. He will eat with other inmates, he said,
though jail food is not his "cup of tea."
The jail houses about 650 inmates, most awaiting trial; charges range from
petty misdemeanors to sexual assault and murder. Curran said he had been
assured by jail officials that he would not be in danger.
"Him being my boss, I wouldn't even allow this if I didn't think it was reasonably safe,"
said Jennifer Witherspoon, the sheriff's department chief of corrections.
Curran said he cleared most of his schedule for the week so he can stay in jail,
though he will leave the jail for a few meetings. Undersheriff Charles Fagan will
run the department in Curran's absence.
In a holding cell near where Curran was booked, several men stared
through a layer of reinforced glass, quizzical looks on their faces as a throng of news media swarmed.
Personalizing issues to drum up media coverage is nothing new for Chicago-area public officials.
In 1981 Chicago Mayor Jane Byrne famously moved into the notorious Cabrini-Green
housing projects to highlight conditions there. More recently, 10th District Democratic
House candidate Dan Seals in May sponsored a campaign event in which customers
at a Lincolnshire gas station paid only $1.85 a gallon for 10 gallons of gas
that was selling for $4.14 a gallon; he covered the difference and worked the pump.
Kane County Sheriff Patrick Perez said he thought Curran's jail stint was "a novel idea,"
but not one he would consider because he already has "a very good understanding
of the criminal justice system."
Waukegan Police Chief Bill Biang said he won't be following Curran into the joint.
"If he thinks that will make him a better sheriff to understand
what's going on in the jail from the inside, God bless him," Biang said.
"It wouldn't be something that I would line up to do, to be perfectly honest with you."
Tribune reporter Courtney Flynn contributed to this report.
alwang@tribune.com
Copyright © 2008, Chicago Tribune
Police Chief Organization Seeks Crime Commission
IACP Urges McCain, Obama To Appoint Crime Panel
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The International Association of Chiefs of Police, saying that someone in the U.S.
is the victim of a violent crime every 22 seconds, today called on the next president
to create during his first 100 days in office a national commission on criminal justice
and homeland security.
IACP urged presidential candidates John McCain and Barack Obama to discuss
the crime issue during the campaign. The commission, the first of its kind since 1965,
would conduct a comprehensive review of the criminal justice system, and would be
required to provide the nation with a strategic plan to guide public safety and
homeland security efforts in the years ahead.
The commission, and other recommendations, is outlined in a new IACP report,
"To Protect and Defend: The Public Safety and Homeland Security Challenges Facing the Next President."
"Our nation's homeland security focus must be redirected to America's hometowns
and neighborhoods," said Ronal Serpas, Nashville police chief and co-chair of IACP's
Research Advisory Committee. "President Johnson's 1965 Commission on Law Enforcement
and Administration of Justice brought us new ways of measuring crime,
an emphasis on research needed to combat crime in a free society, and
evidence of what crime prevention and control programs worked,"
said criminologist Charles Wellford of the University of Maryland.
"A new commission would do all of this and, given the research base
we now have to work with, establish a firmer foundation for confronting
crime and terrorism in the 21st Century."
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The International Association of Chiefs of Police, saying that someone in the U.S.
is the victim of a violent crime every 22 seconds, today called on the next president
to create during his first 100 days in office a national commission on criminal justice
and homeland security.
IACP urged presidential candidates John McCain and Barack Obama to discuss
the crime issue during the campaign. The commission, the first of its kind since 1965,
would conduct a comprehensive review of the criminal justice system, and would be
required to provide the nation with a strategic plan to guide public safety and
homeland security efforts in the years ahead.
The commission, and other recommendations, is outlined in a new IACP report,
"To Protect and Defend: The Public Safety and Homeland Security Challenges Facing the Next President."
"Our nation's homeland security focus must be redirected to America's hometowns
and neighborhoods," said Ronal Serpas, Nashville police chief and co-chair of IACP's
Research Advisory Committee. "President Johnson's 1965 Commission on Law Enforcement
and Administration of Justice brought us new ways of measuring crime,
an emphasis on research needed to combat crime in a free society, and
evidence of what crime prevention and control programs worked,"
said criminologist Charles Wellford of the University of Maryland.
"A new commission would do all of this and, given the research base
we now have to work with, establish a firmer foundation for confronting
crime and terrorism in the 21st Century."
Wednesday, August 20, 2008
This Makes NO SENSE
In today's Fort Worth Star Telegram is an article about paddling students in Texas schools.
We are number one in this also.
If a parent swats a child in public, someone who sees this might call 911 to report child abuse.
Remember it is the law that child or elder abuse must be reported if known.
But Texas public schools allow corporal punishment. Parents have the right to opt out
and inform the school that their children are not to be physically punished.
How many parents even know about this or about being allowed to opt out?
Why is it child abuse to hit a child everywhere but in school? What makes this even worse
is that the disabled and minorities were the majority of paddle hitting victims. One child
was three years old when paddled.
Doesn't paddling send the message that is contrary to non-violent conflict resolution?
How do you feel? Should we send notes to our Texas legislators letting them know we
wish this law was changed?
We are number one in this also.
If a parent swats a child in public, someone who sees this might call 911 to report child abuse.
Remember it is the law that child or elder abuse must be reported if known.
But Texas public schools allow corporal punishment. Parents have the right to opt out
and inform the school that their children are not to be physically punished.
How many parents even know about this or about being allowed to opt out?
Why is it child abuse to hit a child everywhere but in school? What makes this even worse
is that the disabled and minorities were the majority of paddle hitting victims. One child
was three years old when paddled.
Doesn't paddling send the message that is contrary to non-violent conflict resolution?
How do you feel? Should we send notes to our Texas legislators letting them know we
wish this law was changed?
Punishment Comes to Virtual Reality
This article discusses the way that groups in virtual reality are establishing
and enforcing rules. In a sense this brings history to life in terms
of criminal justice. As society grows and begins to function, rules also begin to
come into being in order to make society a more pleasant place.
Thus we see the same thing happening in
virtual reality.
They start off with shaming and the most extreme would be permanent exile.
and enforcing rules. In a sense this brings history to life in terms
of criminal justice. As society grows and begins to function, rules also begin to
come into being in order to make society a more pleasant place.
Thus we see the same thing happening in
virtual reality.
They start off with shaming and the most extreme would be permanent exile.
Tuesday, August 19, 2008
Cellphones are Hottest Prison Contraband
According to an article from CNN, cellphones are becoming an extremely valuable item in prison.
Used to plan escapes, run criminal ventures, or talk to those on the outside, the danger they present
has caused Maryland to train and use dogs to sniff out the hidden cellphone.
Man's best friend is being used in more and more operations aimed at thwarting criminals.
The article has a link to a short video that shows the dog operating in a prison cell.
Used to plan escapes, run criminal ventures, or talk to those on the outside, the danger they present
has caused Maryland to train and use dogs to sniff out the hidden cellphone.
Man's best friend is being used in more and more operations aimed at thwarting criminals.
The article has a link to a short video that shows the dog operating in a prison cell.
Monday, August 18, 2008
A tragic cost
This comes from a law blog that is part of the Wall Street Journal and was posted today.
Tragic Maine Case Shines Light on Little-Known Federal Program
Are advocates for the mentally-ill too aggressive in pushing for their clients' right to resist treatment? That's the tricky legal question at the center of a Weekend Journal feature by Elizabeth Bernstein and Nathan Koppel.
As context, they take the tragic story of William Bruce (pictured), who, two months after being released from a psychiatric center in Maine, approached his 47 year-old mother as she worked at a desk and struck killing blows to her head with a hatchet. Why had Bruce been released against the recommendations of his doctors? Because of government-funded patient advocates who appear to have fought for Bruce's right to refuse treatment, to have coached him on how to answer doctors' questions and to have resisted the medical staff's efforts to contact his parents.
Helen Bailey, one of Bruce's advocates and an attorney with Maine's Disability Rights Center, declined to discuss the details of his case but says the handling of it was consistent with her professional duties. "My job is to get the patient's voice into the mix where decisions are made. No matter how psychotic, that voice is still worthy of being heard. I have not had the person who is so out of it that they can't communicate what they want."
Congress created the national Protection and Advocacy for Individuals with Mental Illness program, or PAIMI, in 1986 to curb abuse and neglect of the mentally ill, primarily in institutions. The PAIMI program, operated by the Substance Abuse and Mental Health Services Administration, funds protection-and-advocacy agencies in each state.
"I don't know if they are doing people a service when they assert the right of mentally-ill individuals to remain psychotic," says Ron Honberg, director of policy and legal affairs for the National Alliance on Mental Illness.
Despite advocates' objections, Joe Bruce, William's father, along with Fulbright's Robert Owen, successfully lobbied the Maine legislature to pass three bills. One gives mental-health professionals greater leeway to disclose patient information to those who may be affected by that person's conduct. Another makes it easier to medicate involuntarily committed patients.
While Bruce the son believes patients deserve some protection, he said he understands the fight to strengthen commitment and treatment laws. That fight took another turn last month, when Bailey, the advocate who helped William get out of treatment, and another attorney, filed a lawsuit in Maine federal court that's directed at the law which makes it easier for hospitals to compel patients to take medication.
"There are times when people should be committed," said the younger Bruce. "Institutions can really help. Medicine can help." He said: "None of this would have happened if I had been medicated."
LB Film Trivia of the Day: The authors mention that the PAIMI program came about after abuses were uncovered, primarily in the 1960's and 1970's, at hospitals where patients were neglected or over-medicated. Frederick Wiseman, a law-professor-turned-filmmaker, was partly responsible for that increased awareness. In 1967 he made a documentary called "Titicut Follies," filmed inside the Massachusetts Correctional Institution at Bridgewater, a prison hospital for the criminally insane. The Massachusetts Supreme Court ruled that Wiseman's film constituted an invasion of inmate privacy and ordered its withdrawal from circulation.
Whose interest does this law truly serve?
Tragic Maine Case Shines Light on Little-Known Federal Program
Are advocates for the mentally-ill too aggressive in pushing for their clients' right to resist treatment? That's the tricky legal question at the center of a Weekend Journal feature by Elizabeth Bernstein and Nathan Koppel.
As context, they take the tragic story of William Bruce (pictured), who, two months after being released from a psychiatric center in Maine, approached his 47 year-old mother as she worked at a desk and struck killing blows to her head with a hatchet. Why had Bruce been released against the recommendations of his doctors? Because of government-funded patient advocates who appear to have fought for Bruce's right to refuse treatment, to have coached him on how to answer doctors' questions and to have resisted the medical staff's efforts to contact his parents.
Helen Bailey, one of Bruce's advocates and an attorney with Maine's Disability Rights Center, declined to discuss the details of his case but says the handling of it was consistent with her professional duties. "My job is to get the patient's voice into the mix where decisions are made. No matter how psychotic, that voice is still worthy of being heard. I have not had the person who is so out of it that they can't communicate what they want."
Congress created the national Protection and Advocacy for Individuals with Mental Illness program, or PAIMI, in 1986 to curb abuse and neglect of the mentally ill, primarily in institutions. The PAIMI program, operated by the Substance Abuse and Mental Health Services Administration, funds protection-and-advocacy agencies in each state.
"I don't know if they are doing people a service when they assert the right of mentally-ill individuals to remain psychotic," says Ron Honberg, director of policy and legal affairs for the National Alliance on Mental Illness.
Despite advocates' objections, Joe Bruce, William's father, along with Fulbright's Robert Owen, successfully lobbied the Maine legislature to pass three bills. One gives mental-health professionals greater leeway to disclose patient information to those who may be affected by that person's conduct. Another makes it easier to medicate involuntarily committed patients.
While Bruce the son believes patients deserve some protection, he said he understands the fight to strengthen commitment and treatment laws. That fight took another turn last month, when Bailey, the advocate who helped William get out of treatment, and another attorney, filed a lawsuit in Maine federal court that's directed at the law which makes it easier for hospitals to compel patients to take medication.
"There are times when people should be committed," said the younger Bruce. "Institutions can really help. Medicine can help." He said: "None of this would have happened if I had been medicated."
LB Film Trivia of the Day: The authors mention that the PAIMI program came about after abuses were uncovered, primarily in the 1960's and 1970's, at hospitals where patients were neglected or over-medicated. Frederick Wiseman, a law-professor-turned-filmmaker, was partly responsible for that increased awareness. In 1967 he made a documentary called "Titicut Follies," filmed inside the Massachusetts Correctional Institution at Bridgewater, a prison hospital for the criminally insane. The Massachusetts Supreme Court ruled that Wiseman's film constituted an invasion of inmate privacy and ordered its withdrawal from circulation.
Whose interest does this law truly serve?
Releasing the Terminally Ill
Starting September 1, Alabama prisoners who are 55 or older and have a
life-threatening disease but have not been sentenced for sex offenses or
capital crimes will have the possibility to be granted furloughs.
"A Justice Department official said rising medical costs and mandatory sentencing
guidelines that lock prisoners up for longer terms are the reasons so many states
have implemented the furloughs, also called humanitarian paroles or
compassionate releases," according to the article in the Montgomery newspaper.
Alabama claims it will save the state millions since it costs the state between $60,000 to
$65,000 a year in medical costs for sick or dying prisoners.
Victims Rights Advocates are against the release and claim it only shifts the costs
from one agency to another. When released the medical costs are paid by Medicare and
Medicaid, plans of the federal and state governments. Victims are notified of the release.
There are 125 inmates who are eligible for release.
Thirty-seven other states have early release programs for the dying and infirm.
How compassionate are you? DO you think we should provide early release to
those who will die within a year? There are multiple pros and cons and I would
really like to hear how you feel about this.
life-threatening disease but have not been sentenced for sex offenses or
capital crimes will have the possibility to be granted furloughs.
"A Justice Department official said rising medical costs and mandatory sentencing
guidelines that lock prisoners up for longer terms are the reasons so many states
have implemented the furloughs, also called humanitarian paroles or
compassionate releases," according to the article in the Montgomery newspaper.
Alabama claims it will save the state millions since it costs the state between $60,000 to
$65,000 a year in medical costs for sick or dying prisoners.
Victims Rights Advocates are against the release and claim it only shifts the costs
from one agency to another. When released the medical costs are paid by Medicare and
Medicaid, plans of the federal and state governments. Victims are notified of the release.
There are 125 inmates who are eligible for release.
Thirty-seven other states have early release programs for the dying and infirm.
How compassionate are you? DO you think we should provide early release to
those who will die within a year? There are multiple pros and cons and I would
really like to hear how you feel about this.
Sunday, August 17, 2008
How can the media avoid convicting someone who is only a person of interest
An opinion piece in today's New York Times deals with the
Justice Department's clearing Steven J. Hatfill of any connections
to the mailing of anthrax. It took SIX YEARS for his exoneration,
during which time he was only declared a "person of interest."
The question the piece raises is when the media should identify a
"person of interest. Does the public's right to know (I have never
seen that right in the Constitution) override the destruction of a
person's life when there is insufficient evidence to enable a
grand jury to indict or even probable cause to arrest?
I personally have no problem with a name being released in connection
with a string of crimes where the public should be alerted so as to avoid
becoming another victim.
What I do have a problem with is the media deciding guilt or innocence
before any evidence is heard by a jury and a verdict reached.
What happens to one's presumption of innocence when the media is
doing nonstop commentary about how the person most probably is guilty.
People become jurors; people watch television; people read newspapers;
people listen to the radio. We are asking people to totally clear their minds
and brains of any information about the case received prior to being
sworn as jurors. Is this realistic?
Great Britain is one of a group of nations that prohibits the media from
publishing information about a trial beforehand or naming anyone prior
to a finding of guilt. I am normally against interference by
the government related to the media, but the damage to the innocent is
so great that in this area I concede it is probably a good restriction.
How do you feel about media reporting on those who have yet to stand trial?
Justice Department's clearing Steven J. Hatfill of any connections
to the mailing of anthrax. It took SIX YEARS for his exoneration,
during which time he was only declared a "person of interest."
The question the piece raises is when the media should identify a
"person of interest. Does the public's right to know (I have never
seen that right in the Constitution) override the destruction of a
person's life when there is insufficient evidence to enable a
grand jury to indict or even probable cause to arrest?
I personally have no problem with a name being released in connection
with a string of crimes where the public should be alerted so as to avoid
becoming another victim.
What I do have a problem with is the media deciding guilt or innocence
before any evidence is heard by a jury and a verdict reached.
What happens to one's presumption of innocence when the media is
doing nonstop commentary about how the person most probably is guilty.
People become jurors; people watch television; people read newspapers;
people listen to the radio. We are asking people to totally clear their minds
and brains of any information about the case received prior to being
sworn as jurors. Is this realistic?
Great Britain is one of a group of nations that prohibits the media from
publishing information about a trial beforehand or naming anyone prior
to a finding of guilt. I am normally against interference by
the government related to the media, but the damage to the innocent is
so great that in this area I concede it is probably a good restriction.
How do you feel about media reporting on those who have yet to stand trial?
Friday, August 15, 2008
DIVERT Court - 10 years and going strong
For the past 10 years Dallas has attempted to get first time drug offenders away
from drugs and on the path to a productive life.
DIVERT means Dallas Initiative for Diversion and Expedited Rehabilitation and Treatment.
It is an example of a problem-solving court and is one of about 10 in the State of Texas.
Studies by SMU reveal that the courts' recidivism rate is 68% lower than
for similarly situated offenders in jail.
The judge sees the individual very often and is the decision maker on treatment.
When one falls off the wagon, there is intensive residential treatment for a short time,
but nearly every offender does get another chance.
There is an excellent audio file that explains the program in detail and takes about 8 1/2 minutes to listen to.
You can also read about the program at the NPR site or visit Judge Creuzot's web page and
watch a short video about his Divert Court.
Some problem solving courts deal with aggressive behavior and spousal abuse,
although these types of courts are relatively rare in the United States.
Because courts like DIVERT are so cost effective
($1 spent on court equals spending $9 for traditoinal corrections) and
new prisons will be needed if no changes are made, there is a cost/benefit
major gain to supporting these problem solving courts.
Lock 'em up and throw away the key does not seem to have helped in terms of recidivism or crime rates.
Maybe it is time to give more consideration to community corrections and an expanded use of
problem-solving courts.
from drugs and on the path to a productive life.
DIVERT means Dallas Initiative for Diversion and Expedited Rehabilitation and Treatment.
It is an example of a problem-solving court and is one of about 10 in the State of Texas.
Studies by SMU reveal that the courts' recidivism rate is 68% lower than
for similarly situated offenders in jail.
The judge sees the individual very often and is the decision maker on treatment.
When one falls off the wagon, there is intensive residential treatment for a short time,
but nearly every offender does get another chance.
There is an excellent audio file that explains the program in detail and takes about 8 1/2 minutes to listen to.
You can also read about the program at the NPR site or visit Judge Creuzot's web page and
watch a short video about his Divert Court.
Some problem solving courts deal with aggressive behavior and spousal abuse,
although these types of courts are relatively rare in the United States.
Because courts like DIVERT are so cost effective
($1 spent on court equals spending $9 for traditoinal corrections) and
new prisons will be needed if no changes are made, there is a cost/benefit
major gain to supporting these problem solving courts.
Lock 'em up and throw away the key does not seem to have helped in terms of recidivism or crime rates.
Maybe it is time to give more consideration to community corrections and an expanded use of
problem-solving courts.
Thursday, August 14, 2008
California has prison health care crisis
| I decided that I would copy this link about the problem California is facing in health care for inmates rather than giving you a summary. My reasoning was based on the many hyperlinks that the actual article included which you might find of interest. The URL was http://jurist.law.pitt.edu/paperchase/2008/08/california-prison-receiver-asks-court.php JURIST provides daily news related to law and much of the news ties into the criminal justice system as well. You can get a daily subscription of an RSS feed by visiting the home page : http://jurist.law.pitt.edu Wednesday, August 13, 2008  |
California prison receiver asks court to order $8b for prison health facilities
Mike Rosen-Molina at 3:39 PM ET
 | |
In January, a federal judge ruled [PDF text; JURIST report] that the healthcare provided in California prisons does not meet constitutional standards even though medical services have improved significantly since the court assumed oversight [JURIST report] of the system in 2005. Bringing the state's prison system up to constitutional standards could take as long as four years, according to officials at the California Health Care Receivership [official website]. In July 2007, the court ordered the formation of a special three-judge panel [JURIST report] to supervise and reduce California's prison population after finding that California's prison overcrowding was preventing the California Department of Corrections and Rehabilitation (CDCR) [official website] from adequately providing mental health care.
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Wednesday, August 13, 2008
How will Court decide the Police GPS tool and 4th Amendment
In a Washington Post article today, there was a story about how police used GPS to catch a rapist.
Basically they first used tried and true methods when a reported series of
rapes occurred and concentrated their efforts on area convicted sex offenders;
next probably came some software or other technology that they do
not wish to discuss, understandably.
When they had narrowed the list, the police put a tracking device
on the suspect's van and his actions led to his arrest.
Odds are that his was not the only device used, but that is not mentioned.
Questions will undoubtedly be raised about whether these new methods
violate the 4th Amendment. I feel confident in saying NO.
I say this because tracking devices have passed Court approval in the past.
[United States v. Knotts 460 U.S. 276 (1983)]
The reasoning is that there is no, or should be no, expectation of privacy
when you are traveling in a vehicle which is on the open road and
visible to other motor vehicles as well as planes flying overhead.
Washington State Supreme Court on September 11, 2003, had ruled that
police must first obtain a warrant before attaching the device,
but that only applies to the state.
In February 2007, the 7th Circuit Court of Appeals held that a
warrant was not need. "The fourth amendment protects against unreasonable
search and seizure, but the judges ruled that the placement of a GPS
tracking device without the suspect’s knowledge, does not qualify as a search of his car."
It is important to note that other circuits have split on this issue, so it may well be an
issue that the Court decides in order that the law is established and not subject to specific
locality.
As technology moves forward, the criminal justice system will also,
so long as money for the newer technology is forthcoming.
I think it is a good thing; how about you?
Basically they first used tried and true methods when a reported series of
rapes occurred and concentrated their efforts on area convicted sex offenders;
next probably came some software or other technology that they do
not wish to discuss, understandably.
When they had narrowed the list, the police put a tracking device
on the suspect's van and his actions led to his arrest.
Odds are that his was not the only device used, but that is not mentioned.
Questions will undoubtedly be raised about whether these new methods
violate the 4th Amendment. I feel confident in saying NO.
I say this because tracking devices have passed Court approval in the past.
[United States v. Knotts 460 U.S. 276 (1983)]
The reasoning is that there is no, or should be no, expectation of privacy
when you are traveling in a vehicle which is on the open road and
visible to other motor vehicles as well as planes flying overhead.
Washington State Supreme Court on September 11, 2003, had ruled that
police must first obtain a warrant before attaching the device,
but that only applies to the state.
In February 2007, the 7th Circuit Court of Appeals held that a
warrant was not need. "The fourth amendment protects against unreasonable
search and seizure, but the judges ruled that the placement of a GPS
tracking device without the suspect’s knowledge, does not qualify as a search of his car."
It is important to note that other circuits have split on this issue, so it may well be an
issue that the Court decides in order that the law is established and not subject to specific
locality.
As technology moves forward, the criminal justice system will also,
so long as money for the newer technology is forthcoming.
I think it is a good thing; how about you?
Monday, August 11, 2008
Should Jurors Be Told?
"Since 1991, 218 individuals have been exonerated through DNA testing, and
in more than three-quarters of the cases, mistaken eyewitness identifications
were crucial in the wrongful convictions according to the Innocence Project"
quoted from an article about race and eyewitness ID, Race Can Hinder Eyewitness ID's.
The article was published in the Fort Worth Star Telegram
on page 2A on Monday, August 11, 2008.
But what makes this more interesting is that in half of these identifications,
a person of one race misidentified a person of another race. Sociologists and
others have studied perceptions by members of one race in regard to members
of another race. They have concluded that mistakes are made most often when
a member of a racial majority is asked about a picture of a member of a racial minority.
This is not true of the United States alone but is true worldwide. One study I read some
time back said that it did not matter which race was involved or minority/majority
status, the authors concluded that whenever the picture of a different race is involved,
cross-racial errors are likely to arise.
"The American Bar Association which is currently meeting in New York is considering
whether to recommend that judges use their discretion to make juries aware of
the problems that can plague-cross-racial identification."
This immediately raised the question in my mind about the effect upon the jury. Would
it be perceived as a statement given because the judge himself/herself had doubts about
the eyewitness testimony? Would it cause more problems for a jury in reaching a verdict?
North Carolina has become the 1st state to standardize the identification procedure and it
looks quite promising. The police officer who is investigating the crime is prohibited
from conducting photo identifications with witnesses. Also line-up photographs must be shown
one after another and not in groups of 6.
New software shown at the convention would allow witnesses to view the lineups (photos) that are
identical in order shown, etc. on multiple police laptops. Because the sessions of identification would
be digitally recorded, defense attorneys can get copies of the photos and the audio.
A 22 year-old rape victim picked out the person she believed had raped her. After he spent
more than 10 years in prison, Cotton was exonerated by DNA. The rape victim and Mr. Cotton
are collaborating on a book about the incident which will be called Picking Cotton.
Do you think jurors should be told about the problems with cross-racial identification?
in more than three-quarters of the cases, mistaken eyewitness identifications
were crucial in the wrongful convictions according to the Innocence Project"
quoted from an article about race and eyewitness ID, Race Can Hinder Eyewitness ID's.
The article was published in the Fort Worth Star Telegram
on page 2A on Monday, August 11, 2008.
But what makes this more interesting is that in half of these identifications,
a person of one race misidentified a person of another race. Sociologists and
others have studied perceptions by members of one race in regard to members
of another race. They have concluded that mistakes are made most often when
a member of a racial majority is asked about a picture of a member of a racial minority.
This is not true of the United States alone but is true worldwide. One study I read some
time back said that it did not matter which race was involved or minority/majority
status, the authors concluded that whenever the picture of a different race is involved,
cross-racial errors are likely to arise.
"The American Bar Association which is currently meeting in New York is considering
whether to recommend that judges use their discretion to make juries aware of
the problems that can plague-cross-racial identification."
This immediately raised the question in my mind about the effect upon the jury. Would
it be perceived as a statement given because the judge himself/herself had doubts about
the eyewitness testimony? Would it cause more problems for a jury in reaching a verdict?
North Carolina has become the 1st state to standardize the identification procedure and it
looks quite promising. The police officer who is investigating the crime is prohibited
from conducting photo identifications with witnesses. Also line-up photographs must be shown
one after another and not in groups of 6.
New software shown at the convention would allow witnesses to view the lineups (photos) that are
identical in order shown, etc. on multiple police laptops. Because the sessions of identification would
be digitally recorded, defense attorneys can get copies of the photos and the audio.
A 22 year-old rape victim picked out the person she believed had raped her. After he spent
more than 10 years in prison, Cotton was exonerated by DNA. The rape victim and Mr. Cotton
are collaborating on a book about the incident which will be called Picking Cotton.
Do you think jurors should be told about the problems with cross-racial identification?
Friday, August 8, 2008
This is Scary and Your Name might be there
There is a new FREE service that allows you to look up a person's name in order to see if he/she has a criminal record. Sounds great until you discover that a traffic ticket is shown as a criminal offense IF THE COMMUNITY REPORTS TRAFFIC VIOLATIONS.
Records may be incomplete and what about people with the same name and no way to differentiate them?
If the advanced feature is used, and it should be, then you can enter birthdays or age range as well as state, etc.
I tried a few names of people I know and one came up with aliases untold and the same name was listed in many places. Since I knew the birth dates were wrong, it made no difference to me BUT WHAT ABOUT A COMPANY WANTING TO HIRE WHO DOESN'T HAVE THE CORRECT BIRTH DATE?
This may be useful to check out someone you are thinking of using as a helper, but remember that computers are only as good as the information provided to them.
If you want to read the article itself, click the word article. If you want to try the site, click here
Plenty of privacy issues involved here; what do you think?
Records may be incomplete and what about people with the same name and no way to differentiate them?
If the advanced feature is used, and it should be, then you can enter birthdays or age range as well as state, etc.
I tried a few names of people I know and one came up with aliases untold and the same name was listed in many places. Since I knew the birth dates were wrong, it made no difference to me BUT WHAT ABOUT A COMPANY WANTING TO HIRE WHO DOESN'T HAVE THE CORRECT BIRTH DATE?
This may be useful to check out someone you are thinking of using as a helper, but remember that computers are only as good as the information provided to them.
If you want to read the article itself, click the word article. If you want to try the site, click here
Plenty of privacy issues involved here; what do you think?
Wednesday, August 6, 2008
Drinking a beer on the street led to 14 years in prison
This case really defies logic and is filled with
questionable actions by many.
Kareem Bellamy, 26, was breaking the open container law
when he stood outside his home drinking a beer. Next
thing he knew a police car drove up and placed him
under arrest.
Knowing he did nothing that should prompt an arrest, he
stated "This a mistake. What happened,
someone say I murdered someone?" Those fateful words
would be viewed as a "consciousness of guilt." Weeping jurors took
4 days to find him guilty.
Many years ahead of schedule, Mr. Bellamy, now 41,
is due back in court on Thursday, no longer guilty of the murder.
His conviction was vacated on June 27 by Justice Joel L. Blumenfeld
of State Supreme Court in Queens. Mr. Bellamy will be seeking bail
while prosecutors decide whether to try him again.
"That Mr. Bellamy will have a second chance to fight the murder charge
is due not to any particular diligence by law enforcement authorities,
but rather because the final link in a chain of lucky breaks delivered
him a secret tape recording. On it, a man says that he and
another man actually did the killing." (copied from article)
This case does not involve DNA but it does have many twists and turns.
It is hard to understand that the witness testimony was ever allowed.
You should read the article that explains what happened
and I am pretty sure you will shake your
head in amazement, just as I did.
questionable actions by many.
Kareem Bellamy, 26, was breaking the open container law
when he stood outside his home drinking a beer. Next
thing he knew a police car drove up and placed him
under arrest.
Knowing he did nothing that should prompt an arrest, he
stated "This a mistake. What happened,
someone say I murdered someone?" Those fateful words
would be viewed as a "consciousness of guilt." Weeping jurors took
4 days to find him guilty.
Many years ahead of schedule, Mr. Bellamy, now 41,
is due back in court on Thursday, no longer guilty of the murder.
His conviction was vacated on June 27 by Justice Joel L. Blumenfeld
of State Supreme Court in Queens. Mr. Bellamy will be seeking bail
while prosecutors decide whether to try him again.
"That Mr. Bellamy will have a second chance to fight the murder charge
is due not to any particular diligence by law enforcement authorities,
but rather because the final link in a chain of lucky breaks delivered
him a secret tape recording. On it, a man says that he and
another man actually did the killing." (copied from article)
This case does not involve DNA but it does have many twists and turns.
It is hard to understand that the witness testimony was ever allowed.
You should read the article that explains what happened
and I am pretty sure you will shake your
head in amazement, just as I did.
Tuesday, August 5, 2008
Does Arizona Have the Answer to Lowered Recidivism
An article in the Christian Science monitor discusses an innovative program
in the Arizona prison system called "Getting Ready."
Since Sheriff Joe of Maricopa County
is widely publicized for his tent jail with bologna sandwiches
served daily along with the notorious pink underwear for males,
the steps taken by the prison system in Arizona are
truly noteworthy.
The program involves an assessment when the prisoner arrives to
determine problems whose correction should make re-entry into
society upon release a bit easier. For example we know that those
with education and vocational skills are less likely to become a recidivist.
So the first step is to ensure that the prisoner is literate and
to help him/her to achieve the skills where needed. 5,136 prisoners became
literate in 2007.
3,306 inmates passed the GED which is a 318% rise from 2003
when only 731 prisoners passed the GED.
Inmates are expected to participate in education or work, self-development,
restorative-justice programs seven days a week. All privileges are tied to this.
If you do not participate, you remain at entry level salary and
highly limited activities and commissary privileges. Even the number of
visits and telephone calls are based on the participation activities and the
benefits are all earned.
According to the official AZ website great improvements have occurred.
Assaults on both prisoners and guards is lower and even the number of
litigation activity has dropped.
Will this be the answer that every other state should rush to emulate?
Many states are now trying innovative methods to prepare the non-violent
offender for re-entry into society along with greater use of community
corrections.
What do you think of the Arizona plan? Let's dialog
in the Arizona prison system called "Getting Ready."
Since Sheriff Joe of Maricopa County
is widely publicized for his tent jail with bologna sandwiches
served daily along with the notorious pink underwear for males,
the steps taken by the prison system in Arizona are
truly noteworthy.
The program involves an assessment when the prisoner arrives to
determine problems whose correction should make re-entry into
society upon release a bit easier. For example we know that those
with education and vocational skills are less likely to become a recidivist.
So the first step is to ensure that the prisoner is literate and
to help him/her to achieve the skills where needed. 5,136 prisoners became
literate in 2007.
3,306 inmates passed the GED which is a 318% rise from 2003
when only 731 prisoners passed the GED.
Inmates are expected to participate in education or work, self-development,
restorative-justice programs seven days a week. All privileges are tied to this.
If you do not participate, you remain at entry level salary and
highly limited activities and commissary privileges. Even the number of
visits and telephone calls are based on the participation activities and the
benefits are all earned.
According to the official AZ website great improvements have occurred.
Assaults on both prisoners and guards is lower and even the number of
litigation activity has dropped.
Will this be the answer that every other state should rush to emulate?
Many states are now trying innovative methods to prepare the non-violent
offender for re-entry into society along with greater use of community
corrections.
What do you think of the Arizona plan? Let's dialog
Monday, August 4, 2008
Health Care for Elderly Prisoners
A recent inmate at the Florida penal system is an 83-year-old
who was sentence to life for the murder of his wife.
An article in the Orlando Sentinel mentions that he became the 71st inmate
who is 80 or older in Florida prisons.
There are 14,000 inmates 50 or older in Florida's correctional institutions.
The oldest prisoner is an 89-year-old man and separated by only a
few months is an 89-year-old woman.
It costs taxpayers three times more for older inmates than for those
under 50 because of health case. This care includes wheelchairs and
cancer treatments along with a multitude of prescription drugs.
Four of the prisons in Florida have "geriatric" wings to handle the elderly and their needs.
who was sentence to life for the murder of his wife.
An article in the Orlando Sentinel mentions that he became the 71st inmate
who is 80 or older in Florida prisons.
There are 14,000 inmates 50 or older in Florida's correctional institutions.
The oldest prisoner is an 89-year-old man and separated by only a
few months is an 89-year-old woman.
It costs taxpayers three times more for older inmates than for those
under 50 because of health case. This care includes wheelchairs and
cancer treatments along with a multitude of prescription drugs.
Four of the prisons in Florida have "geriatric" wings to handle the elderly and their needs.
More than 3,000 prisoners aged 50 or older were sentenced to prison in Florida this past year alone.
There are 760 female prisoners aged 50 or more and three who are over 80.
The state has had to build a geriatric wing in the woman's prison in Ocala.
A corrections official stated that Florida would be wise to consider a
version of a recently enacted federal law that requires the U.S. attorney general
to establish a pilot program to move nonviolent elderly offenders to supervised home detention.
The law recognizes research that shows people "tend to 'age out' of crime," he said.
The 83 year old supposedly acted in self-defense according to his attorney.
The question to consider is whether the non-violent elderly should be given
supervised home detention. Another issue is the degree of medical care:
should we pay for transplants? expensive chemotherapy? etc.
What is your opinion on the subject?
Friday, August 1, 2008
Being Number One is NOT something to brag about
According to the Dallas Morning News, Texas juvenile prisons led the nation
in incidents of sexual violence during 2005 and 2006.
There were 21 confirmed cases of abuse by staff members and
26 confirmed cases involving youth on youth non consensual sexual crimes.
No other state had more than 9 incidents.
in incidents of sexual violence during 2005 and 2006.
There were 21 confirmed cases of abuse by staff members and
26 confirmed cases involving youth on youth non consensual sexual crimes.
No other state had more than 9 incidents.
Texas accounted for 29 percent of such substantiated allegations nationwide,
though the state's share of youth incarcerated was only 11 percent of the national total.
The state's juvenile system was the subject of scandals in 2007 and an overhaul of the entire
system is still being completed. A number of supervisors and managers were fired and new
safeguards that include surveillance cameras and hot lines have been put into place.
Juvenile justice is the subject of numerous studies as experts try to find ways to rehabilitate
and educate those considered juveniles in order to prevent their becoming recidivists and entering
the adult prison system.
If You Are heading to law school or read cases for class
This is a delightfully written article that tells you how to read a law case and what you need to know about it.
Well worth reading if you are law school bound or will be reading cases in your courses or just because you enjoy reading the new cases that the Supreme Court issues.
Well worth reading if you are law school bound or will be reading cases in your courses or just because you enjoy reading the new cases that the Supreme Court issues.
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