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: New York Supreme Court Criminal Term LibraryCrime And Justice News
By David Badertscher, PLL
Source: Crime & Justice News (January 23, 2009)
January 23, 2009
Today's Stories
--Report Suggests Ways To Cut MI Prison Population, Save Money
--Violence Down In Crime-Ravaged Compton, California
--Houston Murders Drop; Police To Tackle Domestic Violence Rise
--Coach Indictment In KY Football Heat Death Said To Be A First
--Likely Senator Gillibrand Assailed For Pro-Gun Stance
--Kaufman, Klobuchar, Wyden Join Senate Judiciary; Holder Vote Set
--Breuer To Head Justice's Criminal Division; Represents Clemens
--Baltimore Surveillance Cameras Useful But No Slam Dunk
--Forensic Psychologists Determine If Suspects Are Faking It
--Violence Against Women Act Advocate Hopes Biden Will Help
--Charges: NYC Jail Guards Ran Unit Like Organized Crime Family
--Intimate Partner Violence Study Available Online
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Report Suggests Ways To Cut MI Prison Population, Save Money
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Michigan law enforcement officials praised proposals for
cutting 5,000 prison inmates and saving a modest $262 million
by 2015, reports the Detroit News. The report, prepared by the
Council of State Governments Justice Center, falls far short of
the $500 million in annual savings on corrections spending
sought by the Detroit Regional Chamber of Commerce and
others. Gov. Jennifer Granholm's 2010 budget proposal is
expected to keep prison spending near $2 billion -- 57 percent
more than the cost a decade ago. The recommendations by
the state government council, which is working with Michigan
officials on a two- to three-year study, is a significant first step.
The biggest savings would be achieved by reducing the parole
board's authority to keep convicts behind bars long after they
have served their minimum sentences. It would aim to have
the average inmate serve 120 percent of his or her minimum
sentence, rather than the current 127 percent. The
recommendations could result in real savings in later years, by
helping drop the inmate population to around 43,500 by 2015
and reducing the crime rate, corrections officials say. The
project was supported by the Pew Charitable Trusts Center on
the States and the U.S. Department of Justice. The state's
share of the cost came to $100,000.
Detroit News - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klfcFmnT7G3b6mCcfOYaKBG2JCW3K86ejeFmbf9QFCm-yEPoTCYjq6xiJYXtosyvBh2wgbOBNm6_EcnkPO8iYgAL0zsS1px_X4jI9MdjSPVr7pGfPaLI93nyMnd42rQ-r5jffjUcu2tmsHrHhL0rbJmOyPCu5IBgCM4R3R8GfrePM3rRiT7IUeZxP9ALPFL4fNk=
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Violence Down In Crime-Ravaged Compton, California
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Compton, California, with just 100,000 people, has developed
an outsize but deserved reputation as a national epicenter of
gang violence. Today, says the Los Angeles Times, there are
65 gangs jammed into 10 square miles. It came as something
of a surprise when the Los Angeles County Sheriff's
Department, said the city's homicide total last year was 38, the
lowest number in at least 25 years and a 50 percent drop since
2005.
Gang-related aggravated assaults have fallen too, nearly 25
percent over four years -- "dramatic indicators," Sheriff Lee
Baca said, "that we are doing the right thing." Still, Compton,
while widely viewed as a success story, is one of the few L.A.-
area communities where crime is rising. Both the city and
county of Los Angeles saw declines in major crimes last year;
in Compton, such crimes rose by 13 percent in the same
period, primarily property offenses. In a sense, Compton is
trading blood in the streets for stolen lawn mowers. There is a
palpable sense that the streets are safer.
Los Angeles Times - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klcszVI3V1TYQDxQcjS5w0x2ph8_yDFqINmfzrAlSgPYYciFVsEL3AP0ezAsuO5GZCWAaB8Tr0Ps39RzvAF_8o1szH3MNJZtZRUzm-ZBHq7ogNM12XLg-gQExM37JQGa-T5wkvq6qlnkF1dJs_gA56tbODZ1CuAxnSdIz1EIGF1Mhr0b40YNwzf9
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Houston Murders Drop; Police To Tackle Domestic Violence Rise
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Violent crimes in Houston increased slightly in 2008 compared
with 2007, but property crimes dropped more than 10 percent,
the Houston Chronicle reports. Homicides dropped by 16
percent, but sexual assaults increased more than 8 percent.
Aggravated assaults showed the largest increase in the violent
crime category at 9.1 percent. Police officials said the increase
in violent crime - less than 1 percent - may be attributed to
the effects of Hurricane Ike as well as the faltering economy.
The increase in assault cases appears to be part of an uptick in
domestic violence incidents; of the 1,092 additional
aggravated assault cases in 2008, more than half were reports
of domestic violence. "In a lot of the (domestic violence) cases,
the victim will not assist in the prosecution and the prosecution
does not go forward," said Chief Harold Hurtt. Capt. Mark
Eisenman of the police crime analysis section could not
explain last year's spike in domestic violence cases. "We're
certainly going to attack that issue in the coming year," he said.
Houston Chronicle - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klezGI2h-4zDS4EjcT5mvfJ_jyvzr9Ax4g8yHsYboeI2aVhBHYbzhKFQy1A7R9yGmGBq7do4QWUZr05F-qxZ2AYu5ISbt6bFs-tRO1pIpcg-cvf7ob5lME2UtLy3OgApp8cRAO2DfBtL218zn5ZH3YVL3oH8hZQcNZk=
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Coach Indictment In KY Football Heat Death Said To Be A First
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Medical experts and sports officials say the indictment of
Pleasure Ridge Park, Ky., football coach David Jason Stinson
marks the first time a U.S. high school or college football coach
has been charged criminally in a player's death from heat
stroke, reports the Louisville Courier Journal. They say the
indictment will have a profound impact on coaches and
reinforce their responsibility to ensure that players get enough
water, shade and rest. "This is huge," said Doug Casa, director
of athletic training education at the University of Connecticut
and a national leader in the field of heat-stroke prevention.
Experts on heat stroke and exhaustion say heat deaths of
players are totally preventable, if coaches provide water and
shade and limit practices to cooler times of the day. Pleasure
Ridge Park player Max Gilpin was the third high school football
player to die last year in the U.S. from heat-related injuries,
and the 33rd high school, college or professional player since
1995. Several high school football coaches said they found the
indictment disturbing and say that it could scare away some
potential coaches. "You never think that anything you'd do or
that might happen could come to this," said Butler High
School coach Scott Carmon. "Now it's like we're forced to be
part weatherman, part doctors."
Louisville Courier-Journal - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klfyO4fEuDBO77xBdV_MoD04Y_H-ldA0aBEey3fiOKIhpeS42nTyOjGnvkxZMu-KOwDncdL-v1mNhruDWQj7bJRnqWw1x07klCYbESTCZUf79VQw5N1Ram9S8bJoI2HjxGhzHIen1Z_LjydN6SWxpbNDkFVBoAWp3w_zj2-31rmMEg==
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Likely Senator Gillibrand Assailed For Pro-Gun Stance
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Rep. Kirsten Gillibrand (D-NY), New York Gov. David Paterson's
apparent choice to replace Secretary of State Hillary Rodham
Clinton in the Senate, is being criticized for her views in favor
of gun rights, reports Politico.com. Rep. Carolyn McCarthy (D-
NY), whose husband was murdered by a crazed gunman 15
years ago on the Long Island Rail Road criticized
Gillibrand's "awful" record on gun control.
Gillibrand's pro-gun positions have aroused opposition in a
state where most Democrats, and many Republicans, favor
stringent gun control measures. She earned the NRA's top
rating last year and backed a repeal of Washington D.C.'s
handgun ban-even submitting an amicus brief to the
Supreme Court in support of pro-gun groups. Several anti-gun
groups, including New Yorkers Against Gun Violence, urged
Paterson to pick someone else.
Politico.com - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75kldlL53aHai2xH8pk6yJgftUifcY3X9Lz2V3tiMY6SpE9k6zRwnt38m3cbvkDAyV73eFHQ1xERkQb8htODvDABRpNAUybn3MELZADXHNqm8H-Uf3htudGzxHuqBkw0fU3seT2IoOtYNiT_kkW9DQ9oMn
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Kaufman, Klobuchar, Wyden Join Senate Judiciary; Holder Vote Set
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Sens. Ted Kaufman (D-DE), Amy Klobuchar (D-MN), and Ron
Wyden (D-OR) are joining the Judiciary Committee, reports
Legal Times. They are replacing Ted Kennedy (D-MA), Vice
President Joe Biden (D-DE), and Sam Brownback (R-KS).
Kennedy served on the committee for 46 years, longer than
any other senator in history. Kennedy was chairman from 1979
to 1981 and Biden from 1987 to 1995.
The size of the committee is staying the same, 19. The
Democrats' margin will increase from 10-9 to 11-8, giving them
breathing room on controversial issues. Kaufman, 69, is not a
lawyer but has an MBA from the Wharton school. Klobuchar,
48, is former prosecutor of Hennepin County (Minneapolis).
Wyden, 59, has been a teacher and worked with non-profit
groups. Committee Chairman Patrick Leahy (D-VT) said the
committee will vote next Wednesday on Eric Holder Jr.'s
nomination to be attorney general.
Legal Times - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klf24T32lVbfqv-L5B28CSfsHDKhL-w1YdHUBN4diTBGZfLqis0_pZ_jQftqzyJdp0ecAcRlPiq4-KXK7imt0Z7JCNAJxStxBWIgiYXRv8GTfPwmwr4gPFIrpKxFOAyk3yHnDm8bZ9nasFO124tZCch99ImWETMVWoZKGs-wv8hHo9-5gmMgofXashhGqCeXVXCtawF6yAYoIgkKAxHhv9J7
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Breuer To Head Justice's Criminal Division; Represents Clemens
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Lanny Breuer is being nominated by President Obama to lead
the U.S. Justice Department's criminal division, reports the
Associated Press. Breuer represented major league pitcher
Roger Clemens last year when he denied under oath that he
used performance enhancing drugs; he also represented Bill
Clinton during his impeachment trial.
A Washington grand jury has been hearing evidence in the
Clemens case. It is common for lawyers joining the government
to take no part in matters in which they were directly involved
during their previous job.
Associated Press/Washington Post - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klcHO43xgusVbiN8ja2ZuuiBfzy7qX_yKLMNlOiLUkIp3Cv8BpBiXqutH-NIYqTOpkGimmCp4mqbXm8fWsLdAhZIrXwlGXK2orWCVI-8KSOo1xPAfusO_UQFsZtjYdBwxoPeN3uNQhBcOZMkuWChKVq9X84_ueSHyQbZ_tjLdnPedePW0pCgUPxcu7pPFc01YpQoo1TT_SEFQw==
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Baltimore Surveillance Cameras Useful But No Slam Dunk
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
When surveillance cameras were first deployed in Baltimore,
officials said they would help convince skeptical juries about a
suspect's guilt and deter crime, says Baltimore Sun crime
reporter Peter Hermann. Rather, the extensive and still
expanding surveillance network has evolved into more of a
better way for police and prosecutors to locate and question
witnesses and suspects and stitch together otherwise disparate
clues. "I've never had a case in which a video was a slam-
dunk," said prosecutor Rich Gibson.
This month, researchers at the University of California, Berkeley
released a report on surveillance cameras used by the city of
San Francisco and came to the same conclusion. The Urban
Institute in Washington is conducting a similar study in
Baltimore and two other cities and could issue findings in a
matter of months. Baltimore prosecutors and police have been
at odds for years over the usefulness of the more than 300
police cameras on city streets. The state's attorney's office says
the cops hyped video surveillance as savior to the crime
problem. Police argue the cameras are a crucial deterrent that
allows them to watch areas that can't be continuously
monitored by patrol officers. Baltimore more than other cities
monitors surveillance cameras in real time and sometimes
catches criminals in the act, says the mayor's office.
Baltimore Sun - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klfG0pL0Kolnlw7EGlfLjjAhpQvB10gCBmRGJXbePCQOGmPWciVvXMspC-qms9gPWfzca_tBZGBjkicTBSg1ZDvLFW38P_rCVumecvpahiAHNfh8GdIQoh79ujpM_721wL6c1BB0lSpluAIabqUYfk_W5Qf7lhisROtTGfLVuICd84BA9gZWOwEh
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Forensic Psychologists Determine If Suspects Are Faking It
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Miami Herald describes what forensic psychologists do in a
profile of Dr. Sherrie Bourg Carter, who spends her days with
some of society's most pathological members. She evaluated
serial killer Aileen Wournos and cop-killer Kenneth Wilk. "I see
things other people never hear about,'' she said. "Most crimes
don't get reported, so I see things like bus drivers driving drunk
with a bunch of kids on the bus. It may or may not hit the news.
But it hits my desk.'' Bourg Carter, who has written five books
and is an adjunct professor at Nova Southeastern University's
law school, became fascinated with forensic psychology during
her doctoral studies at Nova.
The most challenging work, and what she is asked to do the
most, is determining if defendants are faking mental illness,
what the experts call "malingering.'' She says, ''It happens a lot
in criminal law that people will fake or feign mental problems
to get a secondary gain. In forensics, you not only have to know
the disorder, but also what faking would look like.'' Yet the most
difficult work can sometimes be facing not the criminals, but
their victims or family.
Miami Herald - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klfz0ME_WFtjs2qAFMARxT4mGMYnzBDbnMsAhQtkw4KtXH6kh1582gAusTzAQz6RjI4MrJPzA1QzzEWqpBc9CR_pIRy7HhiO7YQ_csxLVQjOLjv589FjudUEZOueqg6mRdpmmSe2UeKQyIw_p4dHkEKoORxtLgItVlI=
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Violence Against Women Act Advocate Hopes Biden Will Help
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Loretta Sanchez (D-CA), one of Congress' staunchest anti-
violence advocates, heads into the next session with her mind
on money for the Violence Against Women Act (VAWA), which
aims at preventing violence, prosecuting offenders and treating
victims, reports Women's eNews. Lawmakers have not yet
agreed on funding levels for fiscal 2009 but will likely do so
soon. Congress is under pressure to cut funding due to the
effects of the credit crisis and ailing economy. She hopes Vice
President Joe Biden, who championed domestic violence
programs as a senator, will use his influence to persuade
lawmakers to "at least hold the line" on spending.
Sanchez said VAWA could use more funding because
domestic violence rises during economic downturns and in
times of war, when members of the military often return in poor
mental health. At the same time, victims of violence and
assault have fewer places to turn because governments tend to
cut back on social services in recessions. In recent years, VAWA
has been authorized to get $800 million annually but has
actually received less than $600 million. While women are less
likely to be victims of crime overall, they are far more likely to
suffer from domestic violence and sexual assault, says the San
Francisco-based Family Violence Prevention Fund.
Women's eNews - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75kldxdojWQchA6QwloZRq-GhWhrMcjs-lw3Yl9Fjxu5vRBocL9YjVFsbWtY4eixXrWDHXQVLb5tX8zliwMDKoIMFzWmySR75J-3hOsEu0KfHARAfTBpx3FKfEe2uftC-y0naZoKwlvGkpbA==
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Charges: NYC Jail Guards Ran Unit Like Organized Crime Family
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Guards in a unit for teenagers at New York City's Rikers Island
Jail reputedly sent inmates to intimidate, threaten, and silence
uncooperative prisoners with brute force, reports the New York
Times. Inmates were ordered to turn over money, and their
every move was controlled. If word of an assault got out, the
guards would allegedly orchestrate a cover-up. Prosecutors said
the unit was run much like an organized-crime family - and
two correction officers were the bosses. Three corrections
officers are on trial in connection with the beating death of an
18-year-old inmate.
Martin Horn, city correction commissioner, said the conduct the
officers were accused of was isolated and that the department
had taken measures, including installing additional cameras,
to ensure the safety of inmates in the aftermath of the death.
New York Times - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75kleS4ICjnq9j1VjF0Qz9RWtCmGk85fOohyG0nFlY_U_lQo0xHAoeAVqf8eLTzKM0wsM1xJIzGJeaCzXv4DMK5d8xRMDCiJeio-_QIGToQvKsGJo7mwRlPplCRDqX7V48_zrMcFXxly_tO-XahVbhcGqeA5G4XrxJJljKeBujnz2zIg==
Full post as published by New York Supreme Court Criminal Term Library on January 23, 2009 (boomark / email).
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