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Criminal Justice
Journalists
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| Criminal Justice Journalists (CJJ) provides the Crime & Justice News
(CJN) news report and news center site containing our database of
CJN stories along with other information resources in cooperation
with John Jay College of Criminal Justice and the Open Society
Institute. |
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RECEIVE CJN FREE
DAILY
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| October
10, 2008
Today's
Stories
-- Robbery, Property Crime Could Rise As The Economy
Falls
-- Is Posting Drunk Driving Suspects On Net "Wall Of
Shame" Legal?
-- Chicago's "Dismal" Record Of Prosecuting Domestic
Violence
-- Lender Sues Over IL Sheriff's Refusal To Evict In
Foreclosures
-- VA Prison System Eliminates 330 Jobs, Closes 6
Facilities
-- Congress Should Study Ending Mandatory Minimums: Wash.
Post
-- Cleveland Family Drug Court Reports Some
Successes
-- First Of 11,000 L.A. Gang Members Removed From
Injunction
-- Increasing Numbers of Inmate Cell Phones Called "Huge
Threat"
-- OH Teen Gets Child Porn Charge For Cell Phone Photos Of
Herself
-- CA Prison Workers' Maximum Pay Higher Than In Other
States
-- Baltimore Lawyers Flood Courts With Minor Jury Trial
Demands
On every business day, Criminal Justice Journalists (CJJ)
provides a summary of the nation's top crime and justice news
stories with Internet links, if any. Crime & Justice News is
being provided by CJJ with the support of the John Jay College of
Criminal Justice and the Open Society Institute. The news digest is
edited by Ted Gest and David Krajicek. Other resources were
provided by the Butler Family Fund, Police Executive Research
Forum, and MN-8 Systems.
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Robbery, Property Crime Could Rise As The Economy
Falls
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
If New York's economy sinks to depths not seen in decades,
will crime return with a vengeance? The New York Times notes that
the last time stocks on Wall Street fell hard, in 1987, crime was
exploding, and the city saw historic highs in murders. "Every
recession since the late '50s has been associated with an increase
in crime and, in particular, property crime and robbery, which
would be most responsive to changes in economic conditions," said
criminologist Richard Rosenfeld of the University of Missouri-St.
Louis. Typically, he said, "there is a year lag between the
economic change and crime rates." Criminologist David Kennedy of
John Jay College of Criminal Justice said New York achieved its
crime- fighting success in part after police attacked all levels of
crime, and fundamentally altered the public sense of what was
acceptable. "There are clearly tidal forces in crime that can
overwhelm the effect of economic changes in both directions," he
said.
New York City has thousands fewer police officers than it
had in 2001. New York police commissioner Raymond Kelly does not
subscribe to the idea that there was a strong connection between a
city's financial fortunes and its safety. In Los Angeles, Police
Chief William Bratton said California had been struggling with an
ailing economy for some time but had seen no appreciable rise in
crime. In Providence, R.I., police chief. Dean Esserman has seen a
shift for the worse. "I see poverty as having a tremendous impact
on both spirit and crime, and it is palpable," he said after
attending Wednesday's Police Executive Research Forum meeting on
crime and the economy in Washington, D.C.
New York Times |
Is Posting Drunk Driving Suspects On Net "Wall Of Shame"
Legal?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A defendants on Nassau County, N.Y.'s drunken driving Wall
of Shame has demanded that her name and photograph be removed from
the online gallery of defendants because it's unconstitutional,
Newsday reports. Attorney Brian Griffin says that by posting the
names and mug shots of people who are arrested on drunken driving
charges, County Executive Thomas Suozzi is punishing people who
have not yet been found guilty of a crime. Griffin wants his
client, Alexandra Bursac, 27, to be removed from the county's Web
site.
Nassau County Attorney Lorna Goodman said posting public
information - the name and photo of a person who's been arrested -
on the county's Web site is "not a punishment. These are public
documents being given a public airing." Griffin said whether or not
his client is acquitted, people who type her name into an Internet
search engine will know about her arrest for years to come. Legal
experts said the law is unclear on whether the Wall of Shame is
constitutional. Eric Freedman, who teaches constitutional law at
Hofstra Law School, said there's nothing wrong with telling the
public who's been arrested. He said Suozzi would have been on
firmer ground if he had not called it the Wall of Shame. Law Prof.
Bruce Winick of the University of Miami said it is important to
look at how much a person who is acquitted has been harmed by a
name and photo posted. Griffin's claim that Bursac could be harmed
when potential employers and others find her name and photo on the
Internet is a gray area, he said.
Newsday |
Chicago's "Dismal" Record Of Prosecuting Domestic
Violence
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For every man convicted in a Cook County court of beating
his wife or girlfriend, five men brought in on similar charges walk
away legally unscathed, says the Chicago Tribune. Despite official
promises to help women pursue abuse complaints, that conviction
rate is only getting worse. Prosecuting domestic violence has never
been easy, mostly because women often choose to drop charges. But
the odds of conviction rise when women get help navigating a
complex court system and prosecutors provide early, intensive
contact with victims.
A Tribune analysis found that one-sixth of the 19,000
domestic violence cases brought each year in Cook County now result
in convictions. That dismal record feeds a vicious cycle: With so
few convictions, victims lose faith in the courts, and the violence
continues unabated, advocates say. "It looks like there isn't
anyone holding abusers accountable," said Dawn Dalton of the
Chicago Metropolitan Battered Women's Network. The Tribune analysis
found that nearly 14 percent of defendants countywide faced
domestic violence charges multiple times over just a three-year
period. Frustrated by the bureaucracy and long delays between
arrest and the start of trial, many women choose to drop cases,
victims and advocates say. In August, Chief Circuit Judge Timothy
Evans named a panel of judges, lawyers, advocates, and civic
leaders to find solutions.
Chicago Tribune |
Lender Sues Over IL Sheriff's Refusal To Evict In
Foreclosures
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A mortgage lender has sued to force Sheriff Tom Dart of
Chicago's Cook County to get back to the business of evicting
people from foreclosed homes, reports the Chicago Sun-Times. On
Wednesday, Dart announced an eviction moratorium, saying he's
willing to face contempt-of-court charges for not following court
eviction orders. "Sheriff Dart may have concerns about the orders
that he is charged with enforcing, but he simply cannot refuse to
carry them out. The orders of the court must be enforced," said the
lender, Accredited Home.
Dart told a judge that too often his deputies are evicting
renters who have not been given notice the property is in
foreclosure. The sheriff suggested that the court require banks to
file an affidavit saying the homeowner and potential renters all
have been given notice of the pending eviction before calling on
deputies to evict residents.
Chicatgo Sun-Times |
VA Prison System Eliminates 330 Jobs, Closes 6
Facilities
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Virginia Department of Corrections, the state's
largest agency with 13,606 employees, will bear the brunt of new
state job cuts announced by Gov. Tim Kaine, reports the Richmond
Times-Dispatch. Two correctional centers and four smaller
facilities will be closed, accounting for more than 250 of the 330
positions the department is eliminating to help save an additional
$22.7 million this fiscal year. "We've been banking approximately
1,200 vacancies in anticipation of the budget reductions,"
department spokesman Larry Traylor said. "It is our hope that
within these vacancies we would find a place for those 330
employees."
The largest facility targeted for closing, the original
part of the Southampton Correctional Center, which opened in 1938,
means the loss of 116 jobs. "It's going to have a very deep
impact," said Jay Randolph, assistant county administrator. The
prison is one of the area's largest employers. Farming is the chief
industry and other jobs are scarce. Other cutbacks: less money for
drug treatment and counseling; delaying $7 million for planning a
new prison; and the elimination of 11 day-reporting sites used by
some of the 60,000 probationers and parolees. State prisons hold
33,300 inmates at an annual average cost of $22,830 each. Almost
two-thirds of the more than 50 state correctional facilities are 20
to 65 years old.
Richmond Times-Dispatch |
Congress Should Study Ending Mandatory Minimums: Wash.
Post
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Families Against Mandatory Minimums (FAMM) recently
chronicled lawmakers' rush in the 1950s to enact tough mandatory
minimum sentences for what they saw as the viral spread of illegal
drugs throughout the country. The most frightening of these
substances, marijuana, was blamed for a rise in "sadistic" murders
and gruesome sex crimes, says the Washington Post. Twenty years
later, during the administration of President Richard Nixon, many
of these mandatory minimums were repealed after lawmakers gathered
enough evidence to show that they did not reduce crime or drug
consumption and that they served primarily to usurp the power of
judges to tailor punishments to crimes.
In the 1980s Congress again turned to mandatory minimums
to combat a growing and frightening problem involving another
relatively unknown drug, crack cocaine, and the crime wave that
accompanied it. The result: Judges were forced to sentence first-
time nonviolent offenders to unconscionably long prison terms. In
an editorial, the Post says that next year, Congress "should
revisit mandatory minimums and consider their repeal, as their
predecessors did in 1970, once a new administration takes
over."
Washington Post |
Cleveland Family Drug Court Reports Some
Successes
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Janice Taylor, 41, graduated last week from Cuyahoga
County Juvenile Court's Family Drug Court, says the Cleveland Plain
Dealer. The program has helped rebuild the ravaged self-esteem of
many women -- and a few men -- who have had their children taken
away and has reunified families faster than have traditional court
and child-welfare methods, studies report. Participants are mostly
women who have lost custody of their children because of drug
abuse. They are selected by a team of social workers and lawyers
who look for those who have not had success through traditional
child-welfare programs. For some, it's a final chance to get their
kids back.
Participants must remain sober for at least six months.
Judge Kristin Sweeney said the idea is to eliminate the adversarial
nature of traditional court custody proceedings. Researchers at the
University of Cincinnati are studying the program and trying to
identify how to make it stronger. So far, they can't say that the
majority of participants enrolled are successful, but the ones who
succeed are reunited with their children more quickly. Federal
studies from the first decade of drug courts say they saved money
because participants have fewer trips through the criminal-justice
system after completing a program.
Cleveland Plain Dealer |
First Of 11,000 L.A. Gang Members Removed From
Injunction
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For the first time ever, the Los Angeles city attorney's
office has removed a former gang member from one of its gang
injunctions, which cover more than 11,000 people, reports the Los
Angeles Times. Court injunctions bar members of 57 gangs from
activities as varied as gathering together to carrying something
that could be consider a graffiti tool.
A person can be subject to an injunction if he or she
admits gang membership, has been identified by a reliable
informant, displays gang tattoos or signs, or is associated or
arrested with known gang members. City Attorney Rocky Delgadillo
said city leaders have come to realize that the injunctions cannot
be a one- way street, and those who reform need a second chance.
"We need an exit ramp for those who want to turn their lives
around," he said. "If you're a member of a gang, you'll likely end
up dead or in jail. We want you to leave the gang life behind. We
can get you out from under injunction."
Los Angeles Times |
Increasing Numbers of Inmate Cell Phones Called "Huge
Threat"
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Pennsylvania drug kingpin Ronald Whethers used cell phones
to run a narcotics empire from prison, leading to a state law
prohibiting cell phones behind bars. Still, says the Pittsburgh
Post-Gazette, corrections officers at home and abroad are
struggling with how to keep inmates from wreaking havoc by phone.
"They're pulling their hair out," said Louis Garzarelli, a former
U.S. Bureau of Prisons intelligence officer who teaches criminology
at Mount Aloysius College. "They really don't know what to do about
it. The damage that is done is unaccountable. They don't know how
many are in there."
Officials are seizing thousands of cell phones nationwide.
Some are brought in by visitors, who may hide them in body
cavities. Most are supplied by guards, often in exchange for
bribes. The going price: $500. At Pennsylvania's Graterford prison,
four guards were indicted last year on federal charges of supplying
cell phones and drugs to inmates in exchange for bribes. The newest
threat behind bars is the SIM card, a tiny, portable memory chip
that allows lots of prisoners to use a single phone. "Cell phones
become a huge threat to [] the officers inside the prison, the
prisoners themselves, and the public," said Terry Bittner of EVI
Technology, a Maryland company whose cell phone detection system is
used in one Pennsylvania prison, some federal facilities, and
elsewhere.
Pittsburgh Post-Gazette |
OH Teen Gets Child Porn Charge For Cell Phone Photos Of
Herself
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
School officials warned a Licking Valley, Oh., High School
student about nude cell-phone photographs after a presentation from
the Licking County Prosecutor's Office, says the Newark Advocate.
Now the 15-year-old girl has been charged with a child pornography
count that could require her to register as a sexual offender for
20 years. She is accused of taking nude photographs of herself and
sending them to others, who could face charges of possessing
pictures of a nude minor.
County Prosecutor Ken Oswalt says he has hosted assemblies
at schools to educate students on the legalities and risks of this
conduct. Oswalt met with school superintendents yesterday -- a
meeting planned before this case came to light -- and the cell-
phone issue became one topic of discussion. There isn't a whole lot
schools can do about cell phones, aside from enforce their own
policies.
Newark (OH) Advocate |
CA Prison Workers' Maximum Pay Higher Than In Other
States
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
California's first comprehensive survey of public safety
workers shows that the maximum pay of state correctional officers
is nearly 40 percent more than that of their highest-paid
counterparts in 10 states and the federal government, the
Sacramento Bee reports. The state Department of Personnel
Administration survey this week shows that when total compensation
is considered - everything from medical insurance to retirement
benefits - state correctional officers beat the median top pay of
the out-of-state groups by nearly 29 percent. An official with the
31,000-member California Correctional Peace Officers Association
questioned the report's validity, saying, "The survey doesn't take
into account California's higher cost of living."
The corrections officers union one of the two units not in
current negotiations. The union has fought with Gov. Arnold
Schwarzenegger over pay and prison policies and has worked without
a long-term labor contract since 2006. The personnel department's
out-of-state comparison considered wages of federal corrections
officers and those in 10 states - neighboring Oregon, Washington,
Arizona and Nevada and those with large populations: Florida,
Illinois, New York, Ohio, Texas, and Pennsylvania.
Sacramento Bee |
Baltimore Lawyers Flood Courts With Minor Jury Trial
Demands
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Baltimore defense attorneys are increasingly requesting
jury trials in minor cases, flooding the city's overwhelmed courts
and frequently securing more lenient plea deals from prosecutors,
the Baltimore Sun reports. The three judges handling the Circuit
Court's misdemeanor docket can't try more than one case per day,
leading prosecutors to dismiss, deactivate, or plea bargain out
more than 99 percent of the cases and hold on to a scant few for
trial. The glut of drug possession, misdemeanor assault, and theft
cases being resolved in courtrooms designed to hear rapes, murders,
and robberies has been a long- standing problem in Baltimore and
one that lacks easy solutions.
The number of jury trial requests spiked from 7,388 in
fiscal 2007 to 8,470 in fiscal 2008 as the overall caseload
decreased. Now, more than one in every 10 criminal cases is a
misdemeanor moved to the higher court on a jury trial request.
Chief Judge Keith Mathews of Baltimore's District Court attributes
the increase to former Mayor Martin O'Malley's "zero- tolerance"
arrest policies, which resulted in more defendants being put on
probation. That means more is at stake when they get arrested
again, even on a minor charge. As the volume grows, justice for
misdemeanors becomes quicker and dirtier, with attorneys making
judgments with less than a day's preparation and often without
meeting, much less interviewing, victims or witnesses. Public
defenders sometimes meet their clients for the first time when they
arrive in court for trial.
Baltimore Sun |
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