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: New York Supreme Court Criminal Term LibraryBy David Badertscher, PLL
Source: Crime & Justice News
December 12, 2008
--Prison, Probation, Parole Numbers Up, Account For 1 In 31 Adults
--NC Governor-Elect Perdue Vows To Fix Probation System
--Murder Charges Against AZ Boy, 8, Raise Issues Of Youth Intent
--WA Board Urges Release For "Three-Strikes" Convict
--Senate GOP Leaders Seek To Delay Holder Confirmation
--Boston Police Boost Patrols To Stop "Desperate" Shoplifters
--Canadian Police Suspend Use Of Old Tasers After Critical Study
--Chicago Protesters Object To Arming Cops With M4 Carbines
--Experts Say Wiretap Evidence Vs. Blagojevich May Be Definitive
--Feds Plan DNA Sample Expansion To Noncitizens, All U.S. Arrestees
--How Nonviolent Indiana Inmates Do Public-Service Jobs
--Cleveland Jail Makes Some Inmates Wait 2 Weeks For Medication
Prison, Probation, Parole Numbers Up, Account For 1 In 31 Adults
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The nation's probation and parole population
increased by 2.1 percent last year, and the prison
population was up 1.5 percent, says the U.S. Bureau
of Justice Statistics. Overall, more than 7.3 million
people were under correctional sueprvision, 1 in every
31 adults. The prison numbers, which total about 1.6
million, parallelled a report issued earlier this year by
the Pew Center for the States. The federal prison
population increased by 6,572 prisoners. States with
the greatest increases were Florida, Kentucky, and
Arizona. BJS said that "prison populations are
increasing at the same rate as capacity." The growth
rate slowed by .2 percent.
Parole population was up more than probation
population, 3.2 percent compared with 1.8 percent.
Adam Gelb Of the Pew Center said "this report is yet
another reminder to states of the size of the prison
problem. Especially in tough economic times, they
have to ask whether spending nearly $50 billion a year
to keep one in 100 adults behind bars is giving us our
money's worth in terms of public safety."
U.S. Bureau of Justice Statistics - http://rs6.net/tn.jsp?e=0011vVa4dUslDx02mxjZsOWhrwdObstqciu2u2kV8L_lEKkj9G9S6c8AhX6b_0QWv49E5U-C3wbdW4hlBP2WV5TT0xO4p9BM7UzK-RFcQIJGQedkrZOpOdRM3S0dRUgH_VNMQQ3uj5PUJxQVRF5pOU9FQ==
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NC Governor-Elect Perdue Vows To Fix Probation System
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
North Carolina Senate president pro tem Marc
Basnight says the state's probation system has "failed
all of North Carolina," reports the Raleigh News &
Observer. Basnight and other state leaders said
yesterday that the troubled probation system should
be a top priority in the legislature and in the
administration of Gov.-elect Beverly Perdue. The
officials were responding to a series of articles in The
News & Observer this week detailing the
shortcomings: offenders ignored, arrest warrants
unfiled, and job vacancies that lead to high caseloads
for officers.
"The whole system is in need of repair," Perdue
said. "It puts life at risk. There is a disconnect that has
to be fixed, and I'm going to fix it." Perdue said she is
concerned about probation officers swamped by huge
caseloads. "We need to have enough staffing to allow
good old-fashioned probation work," she said. "Hard-
nosed probation work, like drug testing, urinalysis, did
you go to work today, I'll put your body in jail if you
misbehave." The News & Observer reported that the
probation system had lost track of nearly 14,000
criminals it is supposed to guide toward more
productive lives. Since the start of 2000, 580 people
have killed while under the watch of probation officers -
- 17 percent of convictions for intentional killings.
Raleigh News & Observer - http://rs6.net/tn.jsp?e=0011vVa4dUslDy1HJuHMDcDxdY7-MgkYOKaOEJwoPBa54sqkNe0Z5vl4nfTmIUEHa6mcwdQEt7NoQTt3In14mBHfattfsMha6xzY96kOoC1WeHNROzC2wUj0R_CFScXKu9AcOHMn_6UlgjKXJjyeALXCse49II5Jups
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Murder Charges Against AZ Boy, 8, Raise Issues Of Youth Intent
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Charges against an eight-year-old Arizona boy for
murdering his father and the father's roommate
illustrate a persistent quandary of the criminal justice
system, says the Wall Street Journal. Some question
whether they should face charges in the juvenile
system itself, meant for older children. "When we
made so-called murder policy, nobody had an eight-
year-old in mind," says Franklin Zimring, a professor
at the University of California at Berkeley School of
Law. A peak in juvenile crime in the early 1990s,
followed by a wave of school shootings, helped drive
support for lowering the permissble ages for trying
youths as adults.
Only 16 states define an age at which a child is
capable of forming criminal intent, according to 2007
figures from the National Center for Juvenile Justice.
In North Carolina, the minimum age is six. Most of the
other 34 states leave it up to prosecutors. Some
experts believe that because some laws are soft on
children, drug dealers and gang members may be
encouraged to recruit more "shorties," or youngsters
who commit crimes on their behalf, says Linda
Szymanski of the National Center for Juvenile Justice.
Behavioral research raises questions as to whether
children in their early-to-mid-teens can even form
criminal intent, a key component of a murder charge.
The justice system too often focuses on whether
children know right from wrong, rather than whether
they can control their behavior, says Laurence
Steinberg, professor of psychology at Temple
University and co-author of "Reinventing Juvenile
Justice."
Wall Street Journal - http://rs6.net/tn.jsp?e=0011vVa4dUslDwW4kXdUNmw6Z25yv4GZPT_bgarh0PRV_pKfUfz47iP2mDFjgtdwjJ9RC-v8Xh4tRL0jAc63XDhlGJMXmkqaXtbd-DC8ds6s7G1VEB5snfhQu4PD09vSaGWeqwCwOgIVXnSLh_J3TOuFzC2Qfq1bpj77zKbBmlv5dQ8c98k_DfTs9JPrliQ28KS
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
WA Board Urges Release For "Three-Strikes" Convict
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
If Stevan Dozier becomes Washington state's first
three-strikes felon to be released from his life
sentence, he likely will become the state's most
closely watched ex-con. The ominous warning from
Margaret Smith, chairwoman of the state Clemency
and Pardons Board, came as the board voted 4-0 to
recommend clemency for Dozier, who has been in
prison since 1994 after becoming one of the state's
first three-strikes felons to be sentenced to life without
parole, reports the Seattle Times. The
recommendation goes to Gov. Christine Gregoire.
Dozier spoke over the phone from prison, apologizing
for his crimes and explaining his future plans. "I feel I
am no longer a threat to society," he said. He
explained that the man he was in 1994 "is dead"
and "buried in the past." Dozier was convicted of
second-degree robbery in 1994. It was his third felony
offense and automatically brought a life sentence
under the state's then-new three strikes law. Dozier,
46, told the board that when he was sentenced to life
in prison he decided to improve himself - enrolling in
drug and alcohol treatment, getting a minimum-wage
job and attending religious services. He soon began
mentoring younger prisoners, something he
continues to do.
Seattle Times - http://rs6.net/tn.jsp?e=0011vVa4dUslDxjuvHirrA8j9ZAvq35HwgpOTCzrW1SZT_ziRj8FMrOqoTMkaOmYnw15zwZdn3rn4hYT_wzW1FBw6hPrchMdMCbRtQZmpXkfm1q70R4MIKAtF6CxzJVnvMq7M144_PcJvsoaFDUEqSP4IinRl4AxuoQ83Kj2kseb_FDO94Hco6kzS-A5k1HjpOQ
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Senate GOP Leaders Seek To Delay Holder Confirmation
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Senate Republican leaders are asking Judiciary
Committee Chairman Patrick Leahy (D-VT) to slow
down Attorney General-nominee Eric Holder's
confirmation process, reports Politico.com. They got a
boost from Democratic Senator Sheldon Whitehouse,
who, as a former U.S. Attorney and Rhode Island
attorney general, commands respect on legal matters.
Leahy has proposed hearings as early as Jan. 8 with
the goal of confirming Holder on Inauguration day or
soon thereafter.
Leahy said that he wanted Holder confirmed with such
speed so that he could walk into the Department of
Justice after Barack Obama is sworn in and
announce, "Okay, justice is back." Senate
Republicans there is still much to be known about
Holder's record at the Department of Justice. They say
the committee has more than 100 boxes of
documents related to Holder stemming from pardon
hearings in 2001. Then-Chairman Arlen Specter (R-
PA) held hearings on President Clinton's last-minute
pardons, some of which - such as the one for fugitive
financier Marc Rich -- Holder signed off on.
Politico.com - http://rs6.net/tn.jsp?e=0011vVa4dUslDxrjMqFwfMK0E4ATAMnTuUHl9vWu_xyk_tDaWjGkNwWwjVhY1K9Q8sVWg8cI0k7OcJb7v96cscxtbuUZPmBOkxSjTBw5ZyzSCH8NUHl0NBZeeEogimrHwwfr3FVA13FNwQJ5SpoI1wTnz2827lOSf-UUNU1FFD47YfE6OJh2SWufw==
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Boston Police Boost Patrols To Stop "Desperate" Shoplifters
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Boston police are cracking down on increasingly
desperate Yuletide shoplifters, deploying brand new
recruits to retail meccas and putting cops in direct cell
phone contact with the merchants most threatened by
grab-and-go looters, reports the Boston
Herald. "People are getting desperate," Dan Caldas of
True Religion jeans told cops yesterday, hours after
someone cleaned out an entire shelf of high-end
denim. "People have come in twice recently and just
left with a pile."
Boston shoplifting has climbed steadily in recent
years, from 1,684 reported thefts in 2005 to 1,812 in
2007. The Retailers Association of Massachusetts is
crafting a proposal to stiffen penalties for organized
shoplifting rings. "Some people don't have the ability
to pay and figure they'll take something for free," said
police Superintendent Daniel Linskey. "A lot of it is
people who are drug-addicted and trying to turn
(merchandise) over quickly for cash." Linskey has
deployed 37 newly graduated police recruits to
the "holiday beat," where they'll spend the rest of the
year keeping a close watch on the high volume of
shoppers.
Boston Herald - http://rs6.net/tn.jsp?e=0011vVa4dUslDy63Fi-7SQ4EH-f9o-8gQ2T4RVMNgmpgNr6Ef7RU7TdocN4AugZgzNPZJJdadz8mm34_QQRv2qw6aAeI94eUk172c13Vgay4Ra5_rr4xFymBr71kjkB_EKRC-MAjsRUPtsdS0xQBUmnfu89ptqTH6YCgEpoE1tjTkQT9L_s93jl7Dt-gzvBXYHFxPNhffmEwWPgxEcl6T1ZnJqHtxN98Qn5_MtsOeB5F5rmI0htZR1bAyGNSl-RCXeHHabOrOgjIZTH4Bb43xSV4Q==
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Canadian Police Suspend Use Of Old Tasers After Critical Study
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Police departments across Canada, including the
Royal Canadian Mounted Police, are pulling older
Taser stun guns off the streets after a study that found
the weapons can deliver more power than the
manufacturer says is possible, reports the Arizona
Republic. Police departments in the U.S. appear to
have taken no similar action. Taser International
responded to the study, commissioned by the
Canadian Broadcasting Corp., contending that the
research is flawed.
"It is unfortunate that false allegations based on
scientifically flawed data can create such uncertainty,"
said Steve Tuttle, a Taser vice president. Taser's
assertions about specific data flaws contradict
company documents and a letter from one of its top
scientists. The study found that four of 44 stun guns of
the X26 model used most by police departments fired
jolts that were 47 percent to 58 percent higher than the
manufacturer's specifications. An accompanying
medical analysis concluded that the higher jolts pose
as much as a 50 percent risk of inducing cardiac
arrest in some people and that stun guns firing at
expected electrical levels pose some risk. Taser
maintains that shocks from its stun guns can't kill.
Arizona Republic - http://rs6.net/tn.jsp?e=0011vVa4dUslDxwO2vF2u5S3FMCj8NGXTLOmjqQTUVSR11c1qkx-CNyQ3IBRbaNUozGWSGIRXl5nb2Psek3yZplONTW7DL-iRqvFOCKXqS248n2lIBdz0vQs_sC-OpogHaWmDzHWTlbF_x_tFW71jnfFL9ye42UKAd7GxoffEADudZDhIGrdF-o9qkwuVvTd_08
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Chicago Protesters Object To Arming Cops With M4 Carbines
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A parade of 150 protesters, many of them Chicago
teens, attended a public meeting at Chicago Police
headquarters last night to voice their displeasure with
the police department's increased firepower, reports
the Chicago Sun-Times. The group, whose members
are part of the Live in Peace Campaign, cited the M4
carbines that police brass said earlier this year would
be given to officers to match the powerful weapons
now in the hands of criminals.
In April, officials announced that the police force's
13,500 officers would be armed with the M4s. Chicago
Police SWAT teams are already equipped with M4
carbines, but officials say pistol-carrying rank-and-file
officers are out-gunned. Used by the U.S. Marine
Corps, the M4 is an assault rifle that fires more shots
in less time than a conventional handgun. Many
students grumbled when they learned Police
Superintendent. Jody Weis was not at the meeting.
Chicago Sun-Times - http://rs6.net/tn.jsp?e=0011vVa4dUslDxFaKF8SPeCHPlxJwKTN8Km587_8ArBMQn9RvdK90V_NGrfw9PwMpIjSlsb9iQ0NBn0Uhk3NxzB0i-oBHDcDYc0pcXx_UvL4H85ksJQGB8HHpOva_IuWeC80SiCbWACsJvDpEgS0b3bDA-s0XawJbZx1ez0rKAT78Y=
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Experts Say Wiretap Evidence Vs. Blagojevich May Be Definitive
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Cleveland's Cuyahoga County Jail has no policy for
determining which inmates get their prescription
medications shortly after arriving and which inmates
must wait up to two weeks before they get their drugs,
reports the Cleveland Plain Dealer. Inmate Sean
Levert died March 30, six days after entering the jail.
He surrendered 37 Xanax pills but was never given a
new prescription. A coroner's report determined Xanax
withdrawal contributed to his death.
Cuyahoga County's practice is in sharp contrast to the
largest county jail system in the state. At the Franklin
County jail, which includes Columbus, inmates who
arrive with prescription psychiatric medications, for
instance, must surrender them but are given a
replacement bottle by the jail pharmacy right away.
Jails should make their own evaluations of
prescription medicines, said Robert Greifinger, former
chief medical officer for the New York Department of
Corrections, but precautions should be taken with
inmates who are not immediately given their medicine.
USA Today - http://rs6.net/tn.jsp?e=0011vVa4dUslDycxkGbujhwYqjnzXOFkP6uRJBjvEq-w3fqSA3kmdxA_zFYJuOuDjYbVqTlf_MLOJPzqGs2UNm1fIzSuOAkhM4wC4GUtg9hm3lAfT5sRSP3_fXcbszYDxNpV4tFiOxKT6zsOOpXmb9V58whYFTR0eX4Kpq0Uvt2UVI=
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Feds Plan DNA Sample Expansion To Noncitizens, All U.S. Arrestees
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Immigration and civil liberties groups criticized a new
U.S. government policy to collect DNA samples from
all noncitizens detained by authorities and all people
arrested for federal crimes, reports the Washington
Post. The new rule, published Wednesday and
effective Jan. 9, dramatically expands a federal law
enforcement database of genetic identifiers, which is
now limited to storing information about convicted
criminals and arrestees from 13 states. Congress
authorized the expansion in 2005, citing the power of
DNA as a tool in crime solving and prevention.
The FBI created its National DNA Index System in
1994 to store profiles of people convicted of serious
violent crimes; the system has been expanded, first to
include all convicted felons, then misdemeanants and
state arrestees. The data bank contained more than
6.2 million samples as of August, and officials
estimate that 61,000 cases have been solved or
assisted using DNA. The change could add as many
as 1.2 million people a year to the national database.
Charles Kuck, president of the American Immigration
Lawyers Association, said the rule "casts civilly
detained immigrants as criminals, requiring them to
submit to DNA testing even in cases where there is no
suggestion of any criminal violation." The Obama
administration also will have to decide whether to
make it a priority to expand the DNA database or
process a backlog of samples submitted by people
already convicted of crimes.
Washington Post - http://rs6.net/tn.jsp?e=0011vVa4dUslDzWe1wSjIwzk3wNLyEL0haS7VTguR9ecrm1oyT4_6Ujc35lxCsy50NUefLUN8AiGlBgRhAOy3VE_79-aEk7StSJNvX7RjCmEiTfreJZ0ATWPjzSqTQzJ_a4kk4Z9vDLOqPAhHdiCskAf7s5sCs2repaqkQRNcWTINLMhnr7qkChcECZuccsd_xMlppxSiYPEgTB_lIkzothcQ5Z6UOam8KkqceiYUlZnnA=
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
How Nonviolent Indiana Inmates Do Public-Service Jobs
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For 97 cents a day, inmate John Kemp picks up
garbage in Indiana. The Louisville Courier-Journal
says Kemp does not sleep behind bars, is not
confined by a fence, and will not face the barrel of a
guard's gun or a stint in solitary. He lives in a bricked
state prison that looks more like a big-box store,
except in a nice neighborhood. The facility overlooks a
lake in a state forest. As prisoner Greg Falconberry put
it, "It's as close to the real world as you can get, and
still be incarcerated."
Those whose crimes were nonviolent may come to
the facility for relatively short stays before they are
released. Austin Mayor Doug Campbell hears
occasional grumbles about convicts being brought to
town. The mayor wouldn't do so, he says, if he felt it
was dangerous. "These are not hardened criminals,"
Campbell said, asking residents to appreciate the
hands provided freely, especially in these times of
tight budgets. "It's like having six employees who don't
cost us anything." Offenders pitched in on the
restoration of an old mill and have hammered and
sawed on a Habitat for Humanity project. They also
chopped up damage left by Hurricane Ike's vicious
winds in September.
Louisville Courier-Journal - http://rs6.net/tn.jsp?e=0011vVa4dUslDwMxioip8aOuURyjHfh9AgulVc6CJ26wZKoZn0xM3i_iEinKsRvc-Tf_RFcgx1krqd-9YwwSa3Om6VsdBPxS3yJvRMbNAl5sFoJhjlVdmcGW1tIXrdy_29pQM8-EKsHg-40R-oQ2656Gn9nzBA7Q-sQvCQ5W_1Pn2Ep3RDvNdW5Qw==
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Cleveland Jail Makes Some Inmates Wait 2 Weeks For Medication
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Cleveland's Cuyahoga County Jail has no policy for
determining which inmates get their prescription
medications shortly after arriving and which inmates
must wait up to two weeks before they get their drugs,
reports the Cleveland Plain Dealer. Inmate Sean
Levert died March 30, six days after entering the jail.
He surrendered 37 Xanax pills but was never given a
new prescription. A coroner's report determined Xanax
withdrawal contributed to his death.
Cuyahoga County's practice is in sharp contrast to the
largest county jail system in the state. At the Franklin
County jail, which includes Columbus, inmates who
arrive with prescription psychiatric medications, for
instance, must surrender them but are given a
replacement bottle by the jail pharmacy right away.
Jails should make their own evaluations of
prescription medicines, said Robert Greifinger, former
chief medical officer for the New York Department of
Corrections, but precautions should be taken with
inmates who are not immediately given their medicine.
Full post as published by New York Supreme Court Criminal Term Library on December 12, 2008 (boomark / email).









