It has been long recognized that the disparity in the sentencing guidelines for powdered v crack cocaine has caused unequal justice. Crack is less expensive and therefore used more often in poorer communities which powdered cocaine has it association in wealthy enclaves.
If you believe this bill needs passage, write to your representatives and let them know your position.
This is the Jurist article posted at http://tinyurl.com/mpjo3o
Thursday, July 30, 2009
House committee passes bill to eliminate cocaine sentencing disparity
Jaclyn Belczyk at 12:26 PM ET
[JURIST] The US House Judiciary Committee [official website] voted 16-9 Wednesday to approve [press release] a bill [HR 3245 materials] that would eliminate sentencing disparities for powder and crack cocaine offenses. The bill, co-sponsored by committee chairman John Conyers (D-MI) [official website] would eliminate the distinction between the two forms of the drug under federal law. Conyers said:
We have taken a big step today toward ending the disparity that exists between crack and powder cocaine sentencing. African Americans serve almost as much time in federal prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months), largely due to sentencing laws such as the 100-to-1 crack-powder cocaine disparity. Since 1980, the number of offenders in federal prisons for drug offenses has skyrocketed from less than 5,000 to almost 100,000 in 2009. Currently, drug offenders represent 52% of all federal prison inmates.
The time is long overdue to fix this law that the U.S. Sentencing Commission agrees disproportionately punishes African-Americans. After many years of hard work on this issue, we are one step closer to eliminating this inequity in federal sentencing.
The bill is supported by both the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People(NAACP) [press releases]. It will now go before the full House for consideration.
Crack cocaine sentencing policies have raised issues in the past about a disparate impact on African American offenders. Last month, US Attorney General Eric Holder [official profile] urged sentencing reform [transcript text; JURIST report] for crack cocaine, calling for a review of disparities between sentencing guidelines for powder and crack. In April, other DOJ officials said Congress should eliminate the sentencing disparities [JURIST report] between crimes committed involving crack and powder cocaine during a hearing [materials] of the Senate Judiciary Subcommittee on Crime and Drugs [official website]. In April 2008, a study by the USSC reported [study, PDF; JURIST report] that more than 3,000 prison inmates convicted of crack cocaine offenses have had their sentences reduced under an amendment to sentencing guidelines. In 2007, the US Sentencing Commission (USSC) [official website] voted unanimously [JURIST report] to give retroactive effect to an earlier sentencing guideline amendment that reduced crack cocaine penalties [press release]. The amendment was intended to reduce the disparity between powdered cocaine and crack cocaine sentences.
Friday, July 31, 2009
Wednesday, July 29, 2009
Which research do you believe
" A new study criticizes Pennsylvania for its treatment of juveniles charged with serious crimes, reports the Pittsburgh Tribune-Review.
Prosecuting juveniles in adult courts increases the odds
of their abuse in jail or prison, and incarcerating them in adult prisons
is more expensive than keeping them in the juvenile system, said Michele
Deitch of the LBJ School of Public Affairs at the University of Texas at Austin.
It costs an average $100,000 per year to house a juvenile in an adult facility,
but about $43,000 to house them in a juvenile facility", the report says.
The information provided raises as many questions as it answers. Texas had
to totally restructure the Texas Youth Department because of the major
abuses that were taking place. So when the study talks about increased
odds of abuse, compared to what group and located where?
The statement about the comparative cost of adult facilities and juvenile
facilities again raises questions: What type of adult facility? What is the
cost per adult in that facility? What is the cost of the juvenile in that
facility? And more importantly what kind of juvenile facility -- there are
a wide variety of facility possibilities -- and where is the facility located?
You need to read the original published research and look at the
methodology, the variables, and the databases used prior to accepting
the media report.
Housing juveniles in adult facilities should be the last option and consideration
must be given to utilizing juvenile facilities and treating any drug or alcohol
addictive problems prior to transfer to an adult facility.
We are facing youth 12 and even younger who have committed serious offenses
and the current solution is life with no possibility of parole. Many are raising
questions about this sentence and the probability is it will continue to be used.
Congress is going to have to amend or extend the 1974 law relating to
alternative sentencing and most importantly must consider the
questions of minimum ages and life without parole as a sentence. These
decisions have usually been left to the states, so it will be interesting
to see if state laws are pre-empted by Congressional Action in this area
Prosecuting juveniles in adult courts increases the odds
of their abuse in jail or prison, and incarcerating them in adult prisons
is more expensive than keeping them in the juvenile system, said Michele
Deitch of the LBJ School of Public Affairs at the University of Texas at Austin.
It costs an average $100,000 per year to house a juvenile in an adult facility,
but about $43,000 to house them in a juvenile facility", the report says.
The information provided raises as many questions as it answers. Texas had
to totally restructure the Texas Youth Department because of the major
abuses that were taking place. So when the study talks about increased
odds of abuse, compared to what group and located where?
The statement about the comparative cost of adult facilities and juvenile
facilities again raises questions: What type of adult facility? What is the
cost per adult in that facility? What is the cost of the juvenile in that
facility? And more importantly what kind of juvenile facility -- there are
a wide variety of facility possibilities -- and where is the facility located?
You need to read the original published research and look at the
methodology, the variables, and the databases used prior to accepting
the media report.
Housing juveniles in adult facilities should be the last option and consideration
must be given to utilizing juvenile facilities and treating any drug or alcohol
addictive problems prior to transfer to an adult facility.
We are facing youth 12 and even younger who have committed serious offenses
and the current solution is life with no possibility of parole. Many are raising
questions about this sentence and the probability is it will continue to be used.
Congress is going to have to amend or extend the 1974 law relating to
alternative sentencing and most importantly must consider the
questions of minimum ages and life without parole as a sentence. These
decisions have usually been left to the states, so it will be interesting
to see if state laws are pre-empted by Congressional Action in this area
Friday, July 24, 2009
Iowa displays common sense with new sex offender law
Iowa was a leader in passing sex offender laws that restricted
where sexual offenders could and could not live. The result was
a situation where there were no places that were not restricted
and like Miami, Florida, people were living under bridge overpasses
and other less than desirable locales where police had difficulty in
tracking them.
The problem is that not all sex offenders are the same and not all
pose a major threat to society. The law was treating someone who
raped a 5-year old the same as someone who showed a pornographic
picture to a young teen-ager.
The law that Iowa passed, while not perfect, is greeted with applause
by police, victim groups, and even the ACLU. Iowa established three
tiers of sex offenders, those on the lowest level can live in most areas while
the "true sexual predator" is restricted to areas 2,000 feet away from schools,
playgrounds, day-care centers, etc. This is an even greater distance than
the Florida law that resulted in the homeless living under a causeway bridge
and brought the story to nationwide attention.
The original Iowa law and the one in Florida share a major flaw. By grouping
all offenders together (this includes the 17-year old who has consensual sex
with a 16-year old who has not reached the state's age of majority) along
with the rapist of a young child, you remove nearly any chance of
rehabilitation for the minor offender and increase the odds of recidivism a
great deal.
It is not easy for a legislature to pass laws that seem to the public because
of media headlines to be taking a soft stance on sex offenders. But we need
to look at this and other situations without tunnel vision. Putting the
17-year old described above on probation makes a great deal of sense,
but not incarcerating a child rapist should be grounds for immediate
impeachment or removal from the bench.
The public must look beyond the blazing headlines and consider what the
talking heads of both political persuasions are actually talking about. Then
and only after getting a balanced report from the right and the left can we
decide whether to support the action taken.
For the sake of ourselves and our nation, we must stop reacting to media
headlines when we have no facts and no knowledge.
where sexual offenders could and could not live. The result was
a situation where there were no places that were not restricted
and like Miami, Florida, people were living under bridge overpasses
and other less than desirable locales where police had difficulty in
tracking them.
The problem is that not all sex offenders are the same and not all
pose a major threat to society. The law was treating someone who
raped a 5-year old the same as someone who showed a pornographic
picture to a young teen-ager.
The law that Iowa passed, while not perfect, is greeted with applause
by police, victim groups, and even the ACLU. Iowa established three
tiers of sex offenders, those on the lowest level can live in most areas while
the "true sexual predator" is restricted to areas 2,000 feet away from schools,
playgrounds, day-care centers, etc. This is an even greater distance than
the Florida law that resulted in the homeless living under a causeway bridge
and brought the story to nationwide attention.
The original Iowa law and the one in Florida share a major flaw. By grouping
all offenders together (this includes the 17-year old who has consensual sex
with a 16-year old who has not reached the state's age of majority) along
with the rapist of a young child, you remove nearly any chance of
rehabilitation for the minor offender and increase the odds of recidivism a
great deal.
It is not easy for a legislature to pass laws that seem to the public because
of media headlines to be taking a soft stance on sex offenders. But we need
to look at this and other situations without tunnel vision. Putting the
17-year old described above on probation makes a great deal of sense,
but not incarcerating a child rapist should be grounds for immediate
impeachment or removal from the bench.
The public must look beyond the blazing headlines and consider what the
talking heads of both political persuasions are actually talking about. Then
and only after getting a balanced report from the right and the left can we
decide whether to support the action taken.
For the sake of ourselves and our nation, we must stop reacting to media
headlines when we have no facts and no knowledge.
Thursday, July 23, 2009
Truly severe punishment
Thanks to Tara Calishain whose writes ResearchBuzz, I learned
about a database available courtesy of the UK which provides
information about the York Castle Prison.
You can simply get information by clicking on various cells
that are shown or do a search using either names or
crimes or occupations. I tried pick-pocket and learned
that one person was hung and 7 were transported to the
colonies including a young woman for 7 years of servitude.
For many who are listed, there is family information provided
as well and this is also quite revealing.
You can get email updates from ResearchBuzz and while many
might not be of interest, some are incredible finds that should
help you when you need to do some research for a paper or
report.
about a database available courtesy of the UK which provides
information about the York Castle Prison.
You can simply get information by clicking on various cells
that are shown or do a search using either names or
crimes or occupations. I tried pick-pocket and learned
that one person was hung and 7 were transported to the
colonies including a young woman for 7 years of servitude.
For many who are listed, there is family information provided
as well and this is also quite revealing.
You can get email updates from ResearchBuzz and while many
might not be of interest, some are incredible finds that should
help you when you need to do some research for a paper or
report.
Tuesday, July 21, 2009
If not the economy, then what is the cause?
It has been agreed among criminologists that there was a connection between crime and the economy.
But if one accepts that as true, how can you explain that violent crime has fallen in the major cities?
Looking at data from years past, summer also brought an upsurge in crime.
Reading the article I couldn't help but wonder if it wasn't the economy, albeit from a different perspective.
With a large percentage of people unemployed, you obviously have more folks at home which means more eyes, intentionally or not, keeping a look-out. Add in the fact that those who are unemployed have fewer valuable possession. There has been a reported rise in domestic violence and the tie-in to the economy continues to be upheld in this category of violent crime.
In suburban Washington, DC and the district itself, community policing seems to be paying off since tips have risen noticeably. Technology and JIT (just in time) information also gets credit for police's being able to quickly arrive at a crime scene and use databases to locate those in the area who are on parole for example.
Although most major cities are reporting drops in violent crime, Dallas and Baltimore have seen an upswing.
Whatever the reason for the drop in D.C. and other areas, let's hope it continues. It is troublesome to consider that many cities are cutting police budgets and not filling all openings which could result in less community police and less technology use and more crime.
But if one accepts that as true, how can you explain that violent crime has fallen in the major cities?
Looking at data from years past, summer also brought an upsurge in crime.
Reading the article I couldn't help but wonder if it wasn't the economy, albeit from a different perspective.
With a large percentage of people unemployed, you obviously have more folks at home which means more eyes, intentionally or not, keeping a look-out. Add in the fact that those who are unemployed have fewer valuable possession. There has been a reported rise in domestic violence and the tie-in to the economy continues to be upheld in this category of violent crime.
In suburban Washington, DC and the district itself, community policing seems to be paying off since tips have risen noticeably. Technology and JIT (just in time) information also gets credit for police's being able to quickly arrive at a crime scene and use databases to locate those in the area who are on parole for example.
Although most major cities are reporting drops in violent crime, Dallas and Baltimore have seen an upswing.
Whatever the reason for the drop in D.C. and other areas, let's hope it continues. It is troublesome to consider that many cities are cutting police budgets and not filling all openings which could result in less community police and less technology use and more crime.
Monday, July 20, 2009
10-year olds on sex offender list
Read this unbelievable story about a rarely known aspect of the law that allows the publication of pictures and information about sex offenders as young as 10. Obviously the theory of labeling was overlooked as well as any chance of rehabilitating these youngsters. This will plague them for the rest of their lives.
A Dallas newspaper article revealed the practice and that Texas policy allows judges to place sex offenders as young as 10 on the sexual offender registry list. There are 1,0004 names of youngsters who are under the age of 14.
The paper found a total of 4000 under age 18 sex offenders on the list. The under 14 group is 1/4th of the total.
Immediate questions arise regarding whether there is a list of the types of offenses including the age of the offender/victim that the judge must first consult. Nor do we know if this is the action of one court or many courts throughout the state.
Many questions and few answers. Scary part is that the legislature will not meet for another two years to require changes to the policy.
A Dallas newspaper article revealed the practice and that Texas policy allows judges to place sex offenders as young as 10 on the sexual offender registry list. There are 1,0004 names of youngsters who are under the age of 14.
The paper found a total of 4000 under age 18 sex offenders on the list. The under 14 group is 1/4th of the total.
Immediate questions arise regarding whether there is a list of the types of offenses including the age of the offender/victim that the judge must first consult. Nor do we know if this is the action of one court or many courts throughout the state.
Many questions and few answers. Scary part is that the legislature will not meet for another two years to require changes to the policy.
Saturday, July 11, 2009
Budget cuts destroy promises and rehabilitation
South Carolina's juvenile delinquency facilities were so bad that the federal government stepped in to oversee them. Today the changes are dramatic and rehabilitation is integrated and working. OR WAS.
Strapped budgets are causing many states to look at corrections for a place to pinch pennies, often with tragic consequences. But the proposals in South Carolina are draconian and will amount to a loss of most of the gains made in the past two-three decades.
The article also has a short video that should not be missed.
The Texas TYC was reorganized by the Texas Legislature this session because of problems but even with the cuts, it appears that the rehabilitation and re-entry concepts will still be important.
Strapped budgets are causing many states to look at corrections for a place to pinch pennies, often with tragic consequences. But the proposals in South Carolina are draconian and will amount to a loss of most of the gains made in the past two-three decades.
The article also has a short video that should not be missed.
The Texas TYC was reorganized by the Texas Legislature this session because of problems but even with the cuts, it appears that the rehabilitation and re-entry concepts will still be important.
Friday, July 10, 2009
2 Plus 2 Does not Add up to 4
Illinois, like many other states, is facing a major budget shortfall. Again like many other states,
it is considering paroling many more offenders to cut the correction budget operating expenses.
According to an article in the Chicago Tribune, the Governor is considering putting 11,000 of his 45,500 prisoners on parole. These are all relatively low-level offenders who are nearing the end of their sentences. So superficially, at least, this does not seem to be such a bad idea unless you are one of the 1,000 prison workers who would lose a job.
BUT Illinois only has 400 parole officers and this would increase the load of each by nearly 28 new cases. If the prisoners are scattered equally throughout the state and not, as is more likely, Chicago residents then it would add the aforementioned 28 new cases. But realistically some offices will have nearly 90 new cases because of the true residences of these newly paroled.
Parole and probation officers are currently suffering burn-out as well as frustration because they do not have the needed time to do the required paperwork and follow the treatment and related needs of the offenders they currently have. Adding this many more cases is only going to make a bad situation worse.
In addition unemployment of non-offender workers is very high in Illinois; without employment and a way to cover their living expenses and pay parole offender daily costs, this appears to have a likely result of high recidivism. While it would make the actual dollars saved a smaller amount, including the addition of some parole officers to deal with the new influx should be a necessary part of this budgetary scenario.
it is considering paroling many more offenders to cut the correction budget operating expenses.
According to an article in the Chicago Tribune, the Governor is considering putting 11,000 of his 45,500 prisoners on parole. These are all relatively low-level offenders who are nearing the end of their sentences. So superficially, at least, this does not seem to be such a bad idea unless you are one of the 1,000 prison workers who would lose a job.
BUT Illinois only has 400 parole officers and this would increase the load of each by nearly 28 new cases. If the prisoners are scattered equally throughout the state and not, as is more likely, Chicago residents then it would add the aforementioned 28 new cases. But realistically some offices will have nearly 90 new cases because of the true residences of these newly paroled.
Parole and probation officers are currently suffering burn-out as well as frustration because they do not have the needed time to do the required paperwork and follow the treatment and related needs of the offenders they currently have. Adding this many more cases is only going to make a bad situation worse.
In addition unemployment of non-offender workers is very high in Illinois; without employment and a way to cover their living expenses and pay parole offender daily costs, this appears to have a likely result of high recidivism. While it would make the actual dollars saved a smaller amount, including the addition of some parole officers to deal with the new influx should be a necessary part of this budgetary scenario.
Thursday, July 9, 2009
A Unique Program for Girls at Risk of Teenage Pregnancy
The article is headlined "A Dollar a Day not to Get Pregnant.
A private group based at the University of North Carolina targets teens who are at risk of getting pregnant (siblings or mother were pregnant before they were 18 and dropped out of school). The money is put into a college fund and if the girls complete three objectives: not get pregnant, finish high school, and enroll in college. The money is in a fund to help defray costs of college.
About half of the girls who start the program complete it and go on to get higher education. In addition to the monetary incentive, there is also mentoring and programs about many things from birth control to getting into college. Even those who do not complete the program, for a variety of reasons, meet the objectives: only 5 percent of former enrollees get pregnant or drop out of high school.
Considering the high cost to society when a teen becomes pregnant, it is interesting that the concept has not spread. Single parent households, especially with uneducated teen-age mothers, require assistance with basic needs, such as food. In addition the juvenile delinquency rate is higher in these households.
Probably the most important factor is the individual mentoring and the lessons taught about goal setting and the value of higher education.
It is well worth thinking about intervention that helps girls to stay in school and boys to see that education is not for nerds alone.
A private group based at the University of North Carolina targets teens who are at risk of getting pregnant (siblings or mother were pregnant before they were 18 and dropped out of school). The money is put into a college fund and if the girls complete three objectives: not get pregnant, finish high school, and enroll in college. The money is in a fund to help defray costs of college.
About half of the girls who start the program complete it and go on to get higher education. In addition to the monetary incentive, there is also mentoring and programs about many things from birth control to getting into college. Even those who do not complete the program, for a variety of reasons, meet the objectives: only 5 percent of former enrollees get pregnant or drop out of high school.
Considering the high cost to society when a teen becomes pregnant, it is interesting that the concept has not spread. Single parent households, especially with uneducated teen-age mothers, require assistance with basic needs, such as food. In addition the juvenile delinquency rate is higher in these households.
Probably the most important factor is the individual mentoring and the lessons taught about goal setting and the value of higher education.
It is well worth thinking about intervention that helps girls to stay in school and boys to see that education is not for nerds alone.
Wednesday, July 8, 2009
Computers doing parolee risk assessment
Technology is taking another leap forward in community corrections. Trying to keep the public safe while still allowing the early release of some inmates has been a modified form of Russian roulette to some degree. Enter the computer.
A statistician developed a program that is said to enable the ability to take information about a person who is being considered for probation and determine if he/she is likely to to rob, assault, or commit a homicide while on probation.
You may be surprised to learn that race is a non-factor. Read the article to learn the pros and cons of this new system.
The unanswered question is what to do about someone who is shown to be extremely likely to commit a homicide or assault but legally must be paroled. Can a law be passed that is computer dependent?
Would the computer be any more or less likely to predict than a psychologist or psychiatrist who must determine if an individual should be released from a mental facility?
This is the link to the article which may not be available for more than a day or two.
The information may well surprise you as it did me.
A statistician developed a program that is said to enable the ability to take information about a person who is being considered for probation and determine if he/she is likely to to rob, assault, or commit a homicide while on probation.
You may be surprised to learn that race is a non-factor. Read the article to learn the pros and cons of this new system.
The unanswered question is what to do about someone who is shown to be extremely likely to commit a homicide or assault but legally must be paroled. Can a law be passed that is computer dependent?
Would the computer be any more or less likely to predict than a psychologist or psychiatrist who must determine if an individual should be released from a mental facility?
This is the link to the article which may not be available for more than a day or two.
The information may well surprise you as it did me.
Wednesday, July 1, 2009
Supreme Court Cases for the 2008-2009 Term
There were a number of Supreme Court cases that involved criminal justice
either directly or indirectly. You can read the summary of the decisions here
Here are some topics of the decisions:
strip searches in school
identity theft
police interrogation
reverse discrimination (involved firemen but similar issue in police case in United States)
DNA testing
age discrimination
Judicial ethics
Request for Attorney
Qualified Immunity
Warrantless search
Domestic Violence Firearms
Retaliation
Evidence
either directly or indirectly. You can read the summary of the decisions here
Here are some topics of the decisions:
strip searches in school
identity theft
police interrogation
reverse discrimination (involved firemen but similar issue in police case in United States)
DNA testing
age discrimination
Judicial ethics
Request for Attorney
Qualified Immunity
Warrantless search
Domestic Violence Firearms
Retaliation
Evidence
Subscribe to:
Posts (Atom)
Posts
