Wednesday, June 19, 2019

Re-thinking sentencing in the age of criminal justice reform

The nation needs to fundamentally rethink who is brought into the criminal justice system and how they are sentenced, a summit hosted by the Aleph Institute was told Monday, according to The Crime Report.
“The paradigm shift should focus not on crime-fighting but [on] community protection,” said John Gleeson, a former U.S. District Judge for New York and one of the speakers at Rewriting the Sentence, the summit held at the Columbia University Law School.
Alternatives to incarceration such as rehabilitation programs, restorative justice practices, and community service-based solutions are positive steps that have shown to increase public safety, panelists said.
Criminal justice reform requires programs to support and reinvest in the potential of those convicted of crimes, and prioritize their mental health, said Esther Salas, a U.S. District Judge from New Jersey.
“People need to be seen and encouraged,” Salas said. “Many of these people have been told their whole lives that they are worthless.”
Matthew Alsdorf, the founder and president of Pretrial Advisors, recommended that the system of money bail be eliminated, because it jails low-risk individuals who cannot pay while allowing high-risk individuals who can to go free.
“We are asking the wrong question when it comes to pretrial detention,” he said. “The right question is: should this defendant be detained?”
Alsdorf continued, “The question that judges answer is: How much money should this defendant pay to get out of jail?”
Joanna Weiss, the co-founder and co-director of the Fines and Fees Justice Center argued the U.S. should work toward the elimination of criminal fees and fines, which have the effect of  criminalizing poverty.
“This really creates two tiers of justice,” Weiss explained. “All those who can pay and leave the system and walk away have one form of punishment. For the people who can’t afford to pay, they end up getting further and further entrenched in the system, until they enter an endless cycle of punishment and also an entrenchment of poverty.”
Weiss pointed to a prominent example of this phenomenon in which individuals who cannot pay their fees have their driver’s license suspended. Because most people need to drive to carry out their basic functions, such as going to their job, these people drive anyway and face criminal charges when they do so.
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Tuesday, June 18, 2019

SCOTUS remands case for application of Fist Step Act

In the case of Frank Richardson v. United States, SCOTUS remanded the case back to the Sixth Circuit declining the case but directing the circuit court to apply the new First Step Act, reported Jurist. Richardson is currently attempting to appeal his conviction for “aiding and abetting” under the Hobbs Act. Richardson argues that as his appeal is still pending, he may be entitled to resentencing under the First Step Act which was passed earlier this year to lighten harsh federal criminal sentences. The Court agreed with Richardson, but declined to take his case up themselves instead remanding back to the Sixth Circuit to consider the First Step Act.  in the case of Frank Richardson v. United States. Richardson is currently attempting to appeal his conviction for “aiding and abetting” under the Hobbs Act. Richardson argues that as his appeal is still pending, he may be entitled to resentencing under the First Step Act which was passed earlier this year to lighten harsh federal criminal sentences. The Court agreed with Richardson, but declined to take his case up themselves instead remanding back to the Sixth Circuit to consider the First Step Act.
To read more CLICK HERE

Sunday, June 16, 2019

Alabama will chemically castrate some sex offenders

Alabama enacted a law that will require, as a condition of parole, that some convicted child sex offenders undergo “chemical castration,” reported The Atlantic.
The new law will mean that those who abused children under the age of 13 will be injected with hormone-blocking drugs before leaving prison. The medication will have to be administered until a judge, not a doctor, deemed it no longer necessary.
A similar bill was proposed last year in Oklahoma but met strong opposition. The former Soviet republic of Moldova also passed a law mandating chemical castration for child sex offenders, in 2012. It was repealed the following year on grounds that it was a “violation of fundamental human rights.”
Unlike castrating a bull, chemical castration does not involve removing a person’s testicles—though the Alabama bill’s sponsor, Representative Steve Hurst, initially advocated the surgical approach. Instead, the procedure uses various drugs to render the testicles irrelevant. In most cases, medication triggers the pituitary gland to reduce testosterone to prepubescent levels. During debate of the bill, Hurst said that if chemical castration, which has a stated goal of decreasing libido to prevent future crimes, “will help one or two children, and decrease that urge to the point that person does not harm that child, it’s worth it.”
 To read more CLICK  HERE

Saturday, June 15, 2019

GateHouse: When plea bargaining is the only avenue to freedom

Matthew T. Mangino
GateHouse Media
June 14, 2019
In the classic movie adaptation of Mario Puzo's novel "The Godfather," Vito Corleone, played by Marlon Brando, tells his godson Johnny Fontane, played by Al Martino, that he was going to make a move producer "(A)n offer he can't refuse."
Ironically, every day in jails across the country impoverished inmates are made offers they can't refuse. The reason they can't refuse is because their liberty is at stake.
On a daily basis in this county, about a half-million people sit in county jails awaiting trial, most because they are unable to afford bail. According to The Appeal, a 2018 study of defendants in Philadelphia and Miami-Dade counties - by researchers at Princeton, Stanford, and Harvard - reports that people being held for an inability to pay bail earned on average roughly $4,500 a year.
A recent analysis of the Franklin County Jail in south central Pennsylvania found that poor inmates - those who could not afford bail - served their jail time before their sentence. How can an inmate serve his sentence before he or she is determined to be guilty?
In 2016, according to The Appeal, more than 100 people held in Franklin County were found not guilty, had their cases dismissed, or entered a guilty plea and got released on a non-incarceration sentence.
According to The Appeal, in more than 75 percent of the cases, the person charged faced no more than a misdemeanor as the lead charge. The average case lasted 30 days before the defendant was released.
That is how we get to the "unrefusable" offer in the criminal justice system. An accused is arrested on a felony. The defendant does not have the wherewithal to make bond. She sits in jail. The state realizes their case isn't great - witnesses disappear, evidence is weaker than first thought, the defendant has an alibi - the prosecutor offers a plea to a lesser charge and time already served in jail.
The plea is the defendant's ticket out of jail. Now, the defendant could refuse to plead guilty and go to trial. That might mean sitting in jail for months while the case is prepared and scheduled for trial.
Do you see "the offer the defendant can't refuse?" Liberty right now or further incarceration and the risk of conviction at trial and a harsh sentence.
Although there seems to be something inherently wrong with locking up poor people who can't afford bond and then offering the time they already served as the penalty - it is not just the poor who get through the system by negotiation.
Most defendants who pass through the criminal justice system waive the right to a trial, and all the constitutional protections that come with being charged, in exchange for a plea bargain. Emily Yoffe wrote in The Atlantic that the vast majority of felony convictions are now the result of plea bargains - about 94 percent at the state level, and 97 percent at the federal level. Estimates for misdemeanor convictions run even higher.
Although, the American criminal justice system prides itself on the heavy burden placed on the state to prove those accused of a crime guilty beyond a reasonable doubt - very few are actually subject to that burden.
Supreme Court Justice Anthony Kennedy acknowledged as much in 2012, when writing an opinion in a case that helped establish the right to competent counsel for defendants who are offered a plea bargain. Kennedy wrote plea bargaining "is not some adjunct to the criminal justice system; it is the criminal justice system."
For those without the ability to post bail, plea bargaining is often the only avenue to freedom.
Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner's Toll, 2010 was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.
To visit the column CLICK HERE

Thursday, June 13, 2019

Maine legalizes medically assisted suicide

Maine legalized medically assisted suicide, becoming the eighth state to allow terminally ill people to end their lives with prescribed medication, reported The Associated Press.
Democratic Gov. Janet Mills, who had previously said she was unsure about the bill, signed it in her office.
“It is my hope that this law, while respecting the right to personal liberty, will be used sparingly,” said Mills.
Oregon was the first state to legalize such assistance, in 1997, and it took over a decade for the next state, Washington, to follow suit. While still controversial, assisted suicide legislation is winning increasing acceptance in the United States, and this year at least 18 states considered such measures.
To read more CLICK HERE

Wednesday, June 12, 2019

Catholic Church leaders face possible racketeering charges over sex abuse scandals

State Attorneys General are looking to just prosecute Catholic priests, some are considering using state racketeering laws usually reserved for organized crime to prosecute higher-ups in the church, reported the Associated Press.
For decades, leaders of the Roman Catholic Church were largely left to police their own. But now, as American bishops gather for a conference to confront the reignited sex-abuse crisis this week, they’re facing the most scrutiny ever from secular law enforcement.
A nationwide Associated Press query of more than 20 state and federal prosecutors last week found they are looking for legal means to hold higher ups in the church accountable for sex abuse. They have raided diocesan offices, subpoenaed files, set up victim tip lines and launched sweeping investigations into decades-old allegations. Thousands of people have called hotlines nationwide, and five priests have recently been arrested.
“Some of the things I’ve seen in the files makes your blood boil, to be honest with you,” Nessel said. “When you’re investigating gangs or the Mafia, we would call some of this conduct a criminal enterprise.”
If a prosecutor applies racketeering laws, also known as RICO, against church leaders, bishops and other church officials could face criminal consequences for enabling predator priests, experts say. Such a move by Michigan or one of the other law enforcement agencies would mark the first known time that actions by a diocese or church leader were branded a criminal enterprise akin to organized crime.
“That would be an important step because it would set the standard for pursuing justice in these cases,” said Marci Hamilton, a professor at the University of Pennsylvania and CEO of CHILD USA, a Philadelphia-based think tank that tracks statute of limitations reforms.
Monsignor G. Michael Bugarin, who handles sex abuse accusations for the Detroit Archdiocese, said they too are committed to ending abuse and cover-ups. Bugarin said they cooperate with law enforcement, and that won’t change if the attorney general is considering organized crime charges.
“The law is the law, so I think we just have to respect what the current law is,” he said.
Some defenders of the church bristle at the notion of increased legal action, saying the Catholic institution is being singled out by overzealous prosecutors. A spokesperson for the United States Conference of Catholic Bishops refused to comment on law enforcement investigations into specific dioceses across the country, instead referring all such inquiries to the dioceses themselves.
Seventeen years after U.S. bishops passed a “zero tolerance” policy against sexually abusive priests, they too are considering new measures for accountability over abuse. And last month Pope Francis issued a global order requiring all Catholic priests and nuns to report clergy sexual abuse and cover-ups to church authorities.
At the conference on Tuesday, Archbishop of Miami Thomas Wenski asked if a greater emphasis should be placed on swiftly reporting allegations to civil authorities.
“If this is something that’s criminal, isn’t the first response to the alleged victim to tell them, ‘this is a crime, call the authorities’?” Wenski asked. “Where we got into trouble before was, before reporting crimes we wanted to take it upon ourselves to determine whether there was a crime to report, and that’s not what we should be doing.”
In response, Cardinal Joseph W. Tobin, chair of the Clergy, Consecrated Life and Vocations Committee, said all bishops should follow the law in reporting crimes to authorities.
The meeting follows a grand jury report that documented decades of clergy abuse and cover-ups in Pennsylvania, which thrust the Catholic Church’s sex assault scandal back into the mainstream last fall and spurred prosecutors across the U.S. to launch investigations of their hometown dioceses.
Since then, many states have launched telephone hotlines or online questionnaires for confidential complaints including Virginia, Nebraska and California.
Pennsylvania has been flooded with calls, some 1,800 from victims and families over the last three years. In Iowa, 11 people who identified themselves as victims and their relatives came forward in the hotline and questionnaire’s first three days. New Jersey and Michigan’s tip lines have received about 500 calls each, while Illinois has received nearly 400 calls and emails, including 160 from survivors.
In contrast, Delaware’s attorney general tip line has had four calls since November, 2018, a spokesperson said. Officials in Vermont say they cannot comment because the investigation is ongoing, but that they are aware of dozens of victims of alleged criminal misconduct.
While priests have been prosecuted in the past, top law enforcement scrutiny of church authorities has been relatively rare. In 2012, Bishop Robert Finn of the Kansas City-St. Joseph diocese in Missouri was the first and only American prelate convicted for his role in aiding a priest, when he was found guilty of failing to report child pornography on a cleric’s laptop to authorities.
AP reached out to attorneys general in 18 states, federal prosecutors in three jurisdictions and the U.S. Justice Department to learn more about the new round of investigations. Some of the accused priests in Pennsylvania had ties to other states, prompting those attorneys general, such as New Mexico, for example, to take a fresh look.
Before Pennsylvania’s attorney general got involved, cases against predator priests were largely the purview of local police and prosecutors, or private attorneys bringing lawsuits and civil claims. Although Pennsylvania’s attorney general office says prosecutors have spoken with their counterparts from almost every state, most attorneys general in the U.S. have not taken public action.
In Kentucky, Attorney General Andy Beshear wanted to investigate but lacked jurisdiction. He worked to change state law, but the bill failed to make it through the legislature.
Attorneys general who are investigating are using a range of tools. Michigan executed search warrants, which means police show up and raid the offices. Delaware, West Virginia and Nebraska have issued subpoenas, which is a less assertive approach, making a legal request for the records. New Jersey officials have started to make arrests, while Washington D.C.’s attorney general is weighing civil charges.
To read more CLICK HERE


Tuesday, June 11, 2019

The Appeal: Pleading guilty to get out of jail in Franklin County, Pennsylvania

In 2016, more than 100 people held in Franklin County Jail who were found not guilty, had their cases dismissed, or entered a guilty plea and got released on a non-incarceration sentence, reported The Appeal. The Appeal collected and reviewed more than 2,200 criminal dockets filed in the county by scraping dockets filed in the Unified Judicial System of Pennsylvania. The review includes all of the criminal cases filed in the county that were not expunged before the review.
In more than 75 percent of the cases, the person charged faced no more than a misdemeanor as the lead charge. The average case lasted 30 days before the defendant was released. What’s more, those cases in which the individual did not pay bail have cost the county the equivalent of more than 8,000 bed days at the jail, or an average of roughly $71 per person, per day.
“We’ve created a machinery that churns out low-level convictions based not on individual guilt or culpability, but on an individual’s ability to pay,” Alexandra Natapoff, professor of law at the University of California, Irvine and author of “Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal,” told The Appeal.
Natapoff described the combination of prosecution of misdemeanor level offenses and unreasonably high bail amounts as the “criminalization of poverty,” lamenting “a now-infamous phenomenon of people pleading guilty merely to get out of jail.”
On any given day, approximately 500,000 people sit in county jails pretrial across the United States, most because they are unable to pay bail. A 2018 study of defendants in Philadelphia and Miami-Dade counties by researchers at Princeton, Stanford, and Harvard universities reports that people being held for an inability to pay bail earned roughly $4,500 a year on average.
The researchers found that less than half of the people who were required to pay bail were able to do so within three days—yielding negative impacts on their cases, such as a higher likelihood of guilty pleas, and on their post-release lives, such as a loss of employment and a greater likelihood of committing a new crime. The authors also found that, compared to defendants who were held for three days or more pretrial, people who were able to post bail within three days were nearly 25 percent less likely to be found guilty or plead guilty. People who were able to post bail were also nearly 25 percent more likely to find gainful employment afterward.In Franklin County, the criminalization of poor people also costs taxpayers. Between 2009 and 2019, the county jail’s operations budget increased more than 40 percent to nearly $13 million per year, which is paid almost exclusively through tax revenue. In that time, the jail’s population has also swelled. In 2009, an average of 297 people per day were held there, according to data compiled by the Vera Institute. About 94 of those people were being held pretrial. By 2015, those numbers rose to 394 and 175. In April, roughly 500 people were being held, and 200 of those were awaiting a trial or sentencing each day.
And yet, the number of reported crimes, criminal case filings, and people receiving a jail sentence—all of which are factors that could cause a rise in incarceration—have remained largely flat. The jail incarceration rate in Franklin County is now more than double that of neighboring Cumberland County and higher than the state average.
Franklin is a rural county in south-central Pennsylvania, on the border with Maryland, that has about 150,000 residents with a median household income of roughly $58,000. More than a quarter of all households earn less than $35,000 and a little more than 10 percent of the population lives at or below the federal poverty line.
The county jail has a rated capacity of a little more than 300 people, which this year forced officials to send an average of 24 people each month to other jails to reduce overcrowding. As a result, the county must pay a daily rate of $55 to $65 per person to use other county jails, costing more than $170,000 through the first four months of this year alone.
Dave Keller, chairperson of the County Commissioners, acknowledges that bail amounts are higher than other counties, but he said he did not believe bail was the driving factor in the increase in the jail population. Keller said the average length of a jail stay has risen substantially while the use of a day reporting center, which allows people to be released before completing their minimum sentence, has decreased.
However, those factors are most likely to affect people who are sentenced to jail and would not account for the more than doubling of the number of people in jail awaiting trial or sentencing.
Keller said the county is in the process of implementing new software that will help better evaluate the role of bail and pretrial incarceration on the jail population.
“The heart of the reform, the heart of the change, would require the misdemeanor system to stop criminalizing poverty,” Natapoff said. “To stop conditioning incarceration and punishment on an individual’s ability to pay.”
To read more CLICK HERE

Monday, June 10, 2019

Is Winston Churchill still alive?

Vanity Fair:
Piers Morgan: “Do you see similarities in yourself to Winston Churchill?”

President Trump: “Well if I ever said that I would be ridiculed all over. He is a great gentleman. I would certainly like to see similarities, but I can’t say that.”

To read more CLICK HERE

Sunday, June 9, 2019

Mentally ill Pennsylvania inmates sit in jail waiting on hospital bed

Pennsylvania is one of many states that has far too few hospital beds for the mentally ill defendants who need them, leaving people to languish in jail while they wait for a spot, reported The Marshall Project. It has ranked among the worst states when it comes to these wait times, a nationwide problem that experts say may be linked to the downsizing of psychiatric hospitals and inadequate community mental-health resources.
In some cases, people facing minor charges have spent longer in jail waiting to go to a hospital than the time they would have served had they been sentenced. State officials across the country are looking for possible solutions, from building more beds to keeping individuals with mental illness out of the justice system entirely.
In Pennsylvania, the state chapter of the American Civil Liberties Union (ACLU) sued the state Department of Human Services in 2015 over these delays, settled twice and has since filed another motion asking the court to intervene.
Data from the state Department of Human Services obtained by The Marshall Project and Frontline show that defendants are finally getting into hospital beds more quickly. As of April, defendants in Pennsylvania waited an average of 24 days to be admitted for “competency restoration”—the legal term for providing basic mental health care so someone is coherent enough to understand the charges against them and assist in their defense. That’s down from the peak of the crisis in January 2017, when defendants had been waiting an average of eight months to get into a hospital and an average of more than a year for Norristown State Hospital.
A spokesperson for the state Department of Human Services said in an email that the agency was working to speed up the system even more, after investing over $63 million since 2016, in part to add 175 more hospital beds, and also funding community treatment options. “We are not able to control the number of referrals we receive for competency restoration treatment,” wrote the spokesperson, Ali Fogarty. “We have been and remain committed to reducing the length of time that individuals in the criminal justice system wait for mental health and psychiatric treatment.”
But wait times are still too long, said Vic Walczak, legal director of the Pennsylvania ACLU. And as the statewide legal battle plays on, families like Marcelline's are stuck in the middle. The ACLU is now pushing for a seven-day limit; federal courts have ruled that anything longer is a violation of rights. “Keeping them in jail is illegal. And from a health perspective, some of them could suffer irreparable harm,” Walczak said.
Legal battles have also been waged over wait times in OregonColoradoAlabamaLouisianaNevadaUtah and Washington. Many states have struggled to comply with court rulings, some racking up millions of dollars in fines and investing millions to build beds to try to meet the need. Civil rights attorneys have filed numerous lawsuits trying to fix this problem by setting strict time limits. But without enforcement, states are routinely blowing past these deadlines.
Attorneys, forensic psychiatrists and hospital administrators say the real problem is a system that fails to distinguish between who needs to be in the justice system and who could be served in a cheaper community setting.
To read more CLICK HERE

Saturday, June 8, 2019

GateHouse: The presumption of innocence

Matthew T. Mangino
GateHouse Media
June 7, 2019
Has the presumption of innocence given way to the presumption of “guilt?”
The concept of presumed innocence is not specifically mentioned anywhere in the U.S Constitution - although a jury, or judge, must presume an accused person innocent until proven guilty beyond a reasonable doubt.
Although the presumption of innocence is an issue for trial, the presumption of “guilt” pre-trial is a growing concern. In a nation that incarcerates more people for longer periods of time than nearly every other nation in the world, the concern is valid.
In this media-driven world with an endless news cycle, men and women “accused” of a crime are vilified within hours of their arrest or even before an arrest - without regard to the fact that the reporting is based on mere allegations.
No one is entitled to the presumption of innocence before trial begins. Scrupulous prosecutors are careful to affix “alleged” when talking about a suspect. Defense attorneys are eager to point out that their clients are innocent until proven guilty. NBC legal analyst Dan Abrams once wrote in The Wall Street Journal, “Demanding that all of us presume every defendant innocent outside of a courtroom is to demand that we stop evaluating facts, thereby suffocating independent thought and opinion.”
Beyond the media, there are a growing number of situations that appear to encroach on fundamental liberty rights before an accused is adjudicated guilty. DNA collected from individuals after arrest, rather than after conviction, is an example of over reach. Opponents say it is unconstitutional and supporters say the measure would prevent violent crime.
The U.S. Supreme Court ruled in 2013 that police can take DNA samples from people who are arrested, but not yet convicted of a crime, and determine if the DNA matches any samples from unsolved crimes in a national database. If the accused is later found not guilty, or exonerated in some manner, his or her DNA is not removed from the database.
I wrote last week about bail pending trial. Those who fight for bail reform argue that imprisoning individuals while awaiting trial, which could easily be months or years in the future, is an egregious civil rights violation and establishes a precedent that could be used to punish or coerce someone accused of a crime.
Those who support a monetary bond system seem satisfied that merely a strong suspicion of guilt is enough to set in motion the punitive aspects of the criminal justice system. How about the movement in many states to extend or repeal the statute of limitations for rape cases? Some argue that rape is one of the vilest things a human being can do to another human being and there should be no limit for prosecuting an alleged rapist. An accused could face criminal prosecution based on allegations of rape that occurred 50, 60 even 70 years ago. The statute of limitation has been around since antiquity. As time passes, memory fades, witnesses die and evidence disappears. The statute of limitations protects individuals from facing charges under those hopeless circumstances.
Finally, a fundamental principle of criminal law has long been that the government must prove a defendant’s criminal intent to commit a crime. This legal protection is now being eroded as Congress continues to churn out legislation in dramatic numbers. In the last quarter century, there has been an onslaught of federal laws enacted that weaken the government’s responsibility to prove criminal intent. The increasing number of crimes and the absence of having to prove the willful nature of conduct is alarming.
While the presumption of innocence is for trial, judges and lawmakers alike should not make it increasingly more difficult for an innocent person to protect his or her liberty interests and the right to mount a vigorous defense.
Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner’s Toll, 2010 was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.
To visit the column CLICK HERE

Friday, June 7, 2019

The Crime Report: 'Judges Influenced by Fox News Give Harsher Sentences'

Elected judges impose harsher criminal sentences on defendants if they watch conservative news media, in particular Fox News, according to a Columbia Business School research paper, reported The Crime Report.
“Higher Fox News viewership increases incarceration length, and the effect is stronger for black defendants and for drug-related crimes,” wrote Elliot Ash, Ph.D., Assistant Professor of Law, Economics, and Data Science at ETH Zurich, and Michael Poyker, Ph.D., a postdoctoral researcher at Columbia University.
Building on the assumption that “greater exposure to partisan television news has an impact on voting in presidential elections and congressional position-taking,” the study authors scrutinized whether partisan news has an effect on judges’ rulings, scrutinizing data on almost 7 million criminal sentencing decisions in the United States for the years 2005 to 2017.
Their conclusion: “Conservative television media exposure has a causal effect on judge decision-making.”  
To research their paper, “Conservative News Media and Criminal Justice: Evidence from Exposure to Fox News Channel,” Ash and Poyker used word clouds, compared national sentencing data, and examined Fox viewership.
“We use combined microdata on criminal sentencing decisions from the National Corrections Reporting Program and a unique dataset with the universe of sentencing decisions linked to judge biographies from ten states … paired with data on cable news viewership at the county level,” they wrote.
Conservative-news watching had no measurable effect on appointed judges, according to the research paper.
“The appointed judges have tenure, and therefore face minimal political pressures once in office,” Ash and Poyker wrote. “We find that Fox News increases sentencing only for elected judges. Voters might become more conservative due to Fox News exposure, and in particular due to media attention on felony cases.
Meanwhile, lawyers/prosecutors put active pressure on judges threatening to find candidates to displace then; that would increase electoral pressures on judges to be harsher in sentencing decisions.”
The study authors trained word2vec, a popular word embedding model, on transcripts for Fox, CNN, and MSNBC, for the years 2001 through 2013. “This model works by reading through sentences and locating words close to each other in a vector space if they tend to occur in similar contexts (that is, windows of neighboring words). Similarity between words can then be measured using the cosine of the angle between the vector representations of each word.
In the transcripts data, the most similar words to ‘crime’ were ‘crimes,’ ‘murder,’ ‘homicide,’ ‘perpetrator,’ ‘felonies,’ and other synonyms or closely related terms.”
Ash and Poyker took sentencing data from the National Corrections Reporting Program (NCRP) that contains information for “all prison admissions in the United States from 2000 to 2014.” NCRP’s data was cross-referenced with sentencing data from a previous study done by Poyker and Dippel (2019)because of its case-level detail of accessible judge’s information.
From there, Ash and Poyker only used data from 10 states with judges’ information in the case files. Those states are Alabama, Colorado, Georgia, Kentucky, Minnesota, North Carolina, Pennsylvania, Tennessee, Virginia, and Washington.
“We establish a racial bias in the effect of conservative discourse on criminal justice decisions, and this is linked to drug crimes,” they wrote. “As Blacks are disproportionately arrested for non-violent drug related offenses, the effect could be driven by racial bias in media messaging. Alternatively, it could be that ‘tough-on-drugs’ rather than ‘tough-on-crime’ rhetoric matters in this setting.”
Ash and Poyker looked at viewership based on Nielsen’s channel positions and ratings analytics that categorized viewership with zip codes. (Ctrl-F Media Data)
Interestingly, the effect of Fox News on elected judges becomes weaker in the run-up to the election date, according to this report.
“One interpretation of this result is that politicized information and politicized incentives are substitutes, rather than complements. As electoral pressures become stronger, media effects are reduced.
Another possibility is that Fox News content becomes more election-focused, and less devoted to crime, in the run-up to elections.”
To read more CLICK HERE

Thursday, June 6, 2019

President Reagan delivers 'The boys of Pointe du Hoc' speech at Normandy in 1984

The famous words are scribbled across a paragraph in an early draft of the speech — short, powerful sentences that read like poetry and were added at the last minute.
“These are the boys of Pointe du Hoc.
"These are the men who took the cliffs . . .
“These are the heroes . . . ”
It was spring 1984. President Ronald Reagan stood on a craggy piece of land jutting into the English Channel, where 40 years before, American soldiers had scaled the heights on D-Day, June 6, 1944, during the allied landings at Normandy, reported the Washington Post.
Sitting before him were 62 of the “boys,” now-middle aged men who had climbed the cliffs at Pointe du Hoc, using ropes, grappling hooks and ladders to reach a suspected German gun emplacement 100 feet up.
They were boys no more, and even on the that stormy morning in 1944, they were more a group of rugged characters than youths.
One, William “L-Rod” Petty, 63, had lost his teeth playing football and suffered two broken legs in training before he joined the Army Ranger outfit that fought there. It took him three tries to reach the top. He is thought to have killed 30 German soldiers that day.
Leonard G. “Bud” Lomell, 64, had been a railroad brakeman before the war. Shot in the side, he barely made it up the cliff but later destroyed two big German guns with thermite grenades. He would be awarded the Distinguished Service Cross.
Frank South, 59, was a Ranger medic, and had treated many wounded men on the beach before reaching the heights with the others. He would earn two Purple Hearts and a Bronze Star.
Antonio “Tom” Ruggiero, 58, had been a professional tap dancer before the war. He was plunged into the water when a shell hit his landing craft on D-Day and later became a sniper in the Rangers.
President Trump is scheduled to visit Normandy on Thursday for the 75th anniversary of the invasion. But he’s set to speak at an American cemetery, not Pointe du Hoc, according to the White House. Today, there is believed to be only one Ranger who fought at Pointe du Hoc still alive.
Even in 1984, D-Day was a hazy memory for many people. The United States was still healing from the deep psychic wounds of the Vietnam War, and Washington faced a menacing adversary in the Soviet Union.
Plus, Reagan was in the midst of a reelection campaign, and, during a trip to Europe that spring, his appearance in Normandy was a crucial opportunity.
The task of writing Reagan’s address was given to a precocious 33-year-old speechwriter named Peggy Noonan, one of seven children of an Irish Catholic family from Brooklyn. Her father was a furniture salesman. The family later lived above a candy store in New Jersey. She had once worked as a waitress.
She also had a degree in literature, had minored in journalism, and kept a copy of the Bible and Ezra Pound’s “Cantos” by her when she worked.
What she produced was brilliant.
“For sheer oratorical elegance,” historian Douglas Brinkley wrote, it would become “one of the most inspirational presidential speeches ever delivered.”
In June 1984, Noonan had been at the White House about three months and had never met the president. But she adored Reagan, got a keen sense of the drama of D-Day and was terrific with words.
“A speech is a soliloquy,” she would write later. “One man on a bare stage with a big spotlight . . . part theater and part political declaration.”
It was also “poetry: cadence, rhythm, imagery, sweep!” she wrote.
But it was also an official presidential address, and Noonan had to pack a lot into it.
“A good speech is really a sausage skin,” she wrote. “The stronger it is the more you shove in.”
She had to hit some Cold War notes for the president, criticizing the Soviet Union for its continued and unwanted occupation of large chunks of Europe.[
She had to remind shaky European allies of what they had accomplished in World War II.
And she had to make Reagan look and sound good.
Scenes from D-Day: One of the most complex military assaults in history
In her 1990 book, “What I Saw at the Revolution,” she wrote that she paced around the Washington Monument, read books about D-Day and pondered.
“I drifted . . . waiting for the speech to come,” she wrote. “Sometimes they do.”
She would borrow several rich scenes from Cornelius Ryan’s classic D-Day history, “The Longest Day.” She would use a line from the British poet, Stephen Spender: You “left the vivid air signed with your honor,” she would have Reagan say.
Then, she had a revelation.
She knew that Pointe du Hoc veterans would be in the crowd to hear the speech. But she had not known until she learned from a colleague that they would all be sitting together right in front of the president when he spoke.
“I was indignant,” she told the Atlanta Journal-Constitution in 2004. “How could you not tell me?”
Reagan must address them directly.
At the bottom of page 2 of her May 21 typed draft, the sentence, “We have here today some of the survivors of the battle of Point du Hoc, some of the Rangers who took these cliffs,” is crossed out.
Handwritten over it, in neat printed script, are the words, “These are the boys of Pointe du Hoc . . . ”
It was the greatest line in one of Reagan’s greatest speeches, and perhaps the most memorable about D-Day since Gen. Dwight D. Eisenhower told his men that day: “You are about to embark upon the Great Crusade. . . . The eyes of the world are upon you . . . ”
Noonan wrote that she grabbed the “boys” line from Roger Kahn’s 1972 baseball book about the Brooklyn Dodgers, “The Boys of Summer.”
“O happy steal,” Noonan wrote.
(But Kahn had his own “steal,” taking his book title from a Dylan Thomas poem that begins, “I see the boys of summer in their ruin,” according to the historian Brinkley.)
Not all of Noonan’s words made it into the speech. There were deletions and insertions. But much of the good stuff did.
'Heroes who helped end a war': Reagan honors the 'Boys of Pointe du Hoc'
Reagan delivered it on a gray afternoon, against the backdrop of the gray sea, “on a lonely windswept point on the northern shore of France,” he said.
He stood before a French-built stone monument to the Rangers constructed atop an old German bunker.
The Rangers, in dark blazers, gray slacks and business suits, stood and saluted when he stepped to the lectern, then sat down on wooden folding chairs. Reagan returned their salute.
Noonan watched on TV in her office back in Washington.
“Forty years ago at this moment, the air was dense with smoke and the cries of men, and . . . was filled with the crack of rifle fire and the roar of cannon,” Reagan said.
“Free nations had fallen,” he had begun. “Jews cried out in the camps. Millions cried out for liberation. Europe was enslaved and the world prayed for its rescue.”
“Here . . . the rescue began,” he said.
“Behind me is a memorial that symbolizes the Ranger daggers that were thrust into the top of these cliffs,” he said, glancing over his shoulder. “And before me,” he said with a pause for drama, “are the men who put them there.”
“These are the boys of Pointe du Hoc,” he said, stopping as applause 

Wednesday, June 5, 2019

Police arrest Parkland deputy who 'retreated to a place of safety' during school massacre

Deputy Scot Peterson retreated to a position of safety during the Marjory Stoneman Douglas High School massacre last year. This week, law enforcement responded with a sweeping list of charges that resulted in Mr. Peterson’s arrest, reported the New York Times.
The good guy with a gun allegedly failed to protect the students.
America’s long history of mass shootings have brought a variety of responses: Calls for tighter gun laws, civil lawsuits against companies that manufacture guns and firearm components, collective mourning. The charges represented a highly unusual case of a lawman arrested for failing to save lives.
Around Parkland, whose politically engaged students helped launch a national student movement for more gun control, there was both surprise and satisfaction.
Mr. Peterson, 56, who had been suspended in the immediate aftermath of the attack and later resigned, faces 11 charges of neglect of a child, culpable negligence and perjury. He was booked into the Broward County jail with a bond of $102,000.
The 15-month investigation by the Florida Department of Law Enforcement that led to the charges, found that the former Broward County sheriff’s deputy, assigned as a school resource officer to Stoneman Douglas High, “did absolutely nothing to mitigate” the shooting, the department’s commissioner, Rick Swearingen, said in a statement. “There can be no excuse for his complete inaction and no question that his inaction cost lives,” he said.
Officials determined that Mr. Peterson, as well as Sgt. Brian Miller, who was terminated on Tuesday but not charged, “neglected their duties.” Mr. Peterson was taken into custody after an administrative discipline hearing.
Peterson conduct refutes the NRA’s long standing premise that the only way to stop a bad guy with a guy is a good guy with a gun.
The charges were an unusual instance of law enforcement officers being held criminally liable for not protecting the public.
Editors’ Picks
But experts say that criminally charging a law enforcement officer for allegedly being negligent in his response to a mass shooting is new ground.
“This is the first time I have seen somebody so charged like this,” said Clinton R. Van Zandt, a former profiler with the F.B.I. and an expert on mass shootings. “I think that every police officer, sheriff and F.B.I. agent understands that you have to go to the threat and stop it and that we are no longer going to wait for SWAT or set up perimeters.”
To read more CLICK HERE

Tuesday, June 4, 2019

DUI check point declared unlawful in Pennsylvania

They are called sobriety checkpoints.
And many local police forces team up to set them up, like the West Hills DUI Task Force.
“A group of municipalities band together and hold a checkpoint in one specific municipality and pull over all of the motorists, typically driving through the municipality that evening,” Michael Sherman, a DUI defense attorney, told KDKA political editor Jon Delano on Monday.
That’s what happened to Molly Hlubin on her way home from the old Star Lake, now Key Bank Pavilion, in 2013.
But in a 35-page opinion, the state Supreme Court has tossed out her arrest and conviction.
Why?
Because the task force was never authorized by elected officials.
Police officers from 16 municipalities were part of this West Hills DUI Task Force along Steubenville Pike in Robinson, but none of those 16 municipalities had elected officials voting and approving an ordinance authorizing the task force.
And that, says the state Supreme Court, is a problem.
Sherman who represented Hlubin says police cannot set up multi-jurisdictional task forces to arrest people without elected officials approving the mission.
“The elected officials didn’t have any input into the decision,” said Sherman.
There are similar DUI task forces throughout the region.
“We are passionate about getting impaired drivers off the roads,” said Captain Douglas Ogden from the Moon Township Police who ran the checkpoint that stopped Hlubin in Robinson. “Checkpoints are the most effective way of contacting large numbers of impaired drivers and reinforcing public awareness that we’re doing DUI enforcement.”
But this decision could impact other DUI cases now being prosecuted.
“There was no authority to pull the motorist over in the first place,” says Sherman.
Delano: “Do you think this affects hundreds of people?”
Sherman: “It could be thousands.”
If the DUI arrest was made as part of a recent multi-community task force, it could be tossed out, says Sherman.
Of course, it may not take long before the municipalities pass the appropriate local ordinances allowing the task forces.
After all, they have been effective.
The West Hills DUI Task Force alone has arrested 700 drunk or drugged drivers in a 15-year period.
In the meantime, watch for some local communities to step up their own roving DUI patrols within their own municipal boundaries.
That’s perfectly legal.
To read more CLICK HERE

A deadly Chicago weekend: 52 wounded, eight dead

At least 52 people were wounded — 8 of them fatally — in shootings over the weekend in Chicago’s most violent weekend of the year so far, the Chicago Sun-Times reports. Police Superintendent Eddie Johnson planned a press conference on Monday to discuss the crime wave. According to The Crime Report, a rash of violence left 31 wounded during the first 12 hours of the weekend, which began at 5 p.m. Friday. Johnson ordered targeted patrols in areas susceptible to retaliatory incidents in response to the flurry.
Authorities seized 81 illegal weapons and arrested 19 people on gun-related charges as a result, said police spokesman Guglielmi said. The wave of violence comes as police announced a decrease in the number of shootings in the first five months of the year compared with the same period last year. In the weekend’s latest fatal shooting, two men were killed Sunday while driving through Old Town on the North Side. Over Memorial Day weekend, 41 people were shot and seven killed in Chicago gun violence.
To read more CLICK HERE

Monday, June 3, 2019

If New Hampshire can abolish the death penalty, could Pennsylvania be far behind?

According to the Pennsylvania Capital-Star, the odds are long -- but they're not impossible.
For starters, an abolition bill making the rounds of the Republican-controlled state House is being co-sponsored by one of the chamber's most progressive members, Democratic Rep. Chris Rabb, of Philadelphia, and one of its most conservative, Rep. Frank Ryan, of Lebanon County.
And Ryan's explanation of his support sounds a whole lot like the one offered by New Hampshire's French.
"I’m pro-life, which means conception to natural death,” he said, framing his opposition to the death penalty as both practical and moral. “Capital punishment isn’t natural death to me.”
And it's not like Ryan's alone.
As we reported last month, Republicans focused on both the bottom-line cost of capital punishment, and its moral implications, are now stepping up to support its abolition. 
According to a group calling itself Conservatives Concerned about the Death Penalty, Republican lawmakers in 10 more states — Georgia, Louisiana, Kansas, Wyoming, Kentucky, Montana, Missouri, Colorado, New Hampshire and Washington State — are sponsoring death penalty repeal bills.
And according to a 2017 study by the conservative anti-death penalty group, Republican sponsors of death penalty abolition proposals doubled between 2013 and 2016, going from 20 sponsors to 40 sponsors. 
And before our conservative readers go all, “Well these are only RINOs in blue or purple states,” consider this: According to the study, “the data show that Republicans in red states are taking on even more leadership than those in blue states.”
“Among the states where Republicans sponsored death penalty repeal bills, more than 40 percent of them (10 states) were red states,” the report reads. “Of the total number of Republican sponsorships of death penalty repeal bills, more than 67 percent were in red states (143 red state sponsorships out of 211 total Republican sponsorships).”
And if there's  a state that's ripe for abolition, it's Pennsylvania.
Largely because of reversals and resentencings, Pennsylvania’s death row population has fallen over the last 16 years, going from 247 inmates in April 2002 to the current 142 inmates, according to data compiled by the Death Row Information Center.
In all, 170 Pennsylvania death-row prisoners have seen their convictions or death sentences overturned in state or federal post-conviction proceedings. The commonwealth’s state courts have reversed an additional 100 death sentences on direct appeal, according to Death Penalty Information Center data. More than 97 percent of the state’s death row inmates have been resentenced to life or less, or acquitted.
And as we've reported before, Pennsylvania has carried out just three executions in the nearly half-century since the U.S. Supreme Court again declared the death penalty constitutional, at a combined cost to the taxpayers of $816 million.
In a memo seeking sponsors for his repeal bill, Rabb pointed to an Urban Institute Study of Maryland’s death penalty that concluded that a capital case costs $2 million more than a non-capital case.
“We’re approaching budget season, where we’re pinching pennies,” Rabb told us in April, arguing the state could find far better ways to use the money it spends feeding and housing death row inmates and fighting their appeals. “No study shows it’s a deterrent. Plenty of studies show that it is racist.”
We're nearly at 50 percent of states that have abolished capital punishment. Neighboring New Jersey is one of them.
While there's still some distance to go, Pennsylvania lawmakers justifiably take a lot of pride in the strides the state has made on criminal justice reform.
Abolishing capital punishment would be a quantum leap. Let's see if they're up for it.
To read more CLICK HERE


Sunday, June 2, 2019

Angelica Spanos and Trial Analyst Matthew Mangino on Law and Crime Network

Watch my segment with Angelica Spanos on Law and Crime Network covering the criminal trial of former professional football player Kellen Winslow, Jr.


To watch the CLICK HERE

Saturday, June 1, 2019

Mangino talks the recommended pardon of Robert Wideman with KDKA's Robert Mangino

KDKA’s Robert Mangino is joined by former Lawrence County D. A., Matt Mangino. Matt shares his opinions concerning the pardon given to Robert Wideman, a man convicted of murder in 1975. 
To listen to the interview CLICK HERE

GateHouse: Impeachment would be a disaster

Matthew T. Mangino
GateHouse Media
May 31, 2019
President Donald Trump wants to be impeached. In fact, he is taunting the Democrats in the House of Representatives to move forward with articles of impeachment.
That sounds counterintuitive for a man who has literally been campaigning for re-election since the day he took office. For one thing, he knows that although presidents have been impeached in the past - Andrew Johnson and Bill Clinton - no president has been removed from office. Richard Nixon was on the verge of impeachment when he resigned in 1974.
Trump and his advisors know how impeachment works. The U.S. Constitution, Article 1, Section 3, Clause 5, provides that the House of Representatives shall have the sole power of impeachment. Article I, Section 3, Clauses 6 and 7, provide that the Senate shall have the sole power to try all impeachments. No person shall be convicted in the Senate without the vote of two-thirds of the members present.
Trump knows he can do just about anything and, with a Republican majority in the Senate, there will never be enough votes to convict him and remove him from office.
Does that mean the House should not move forward with impeachment? I spent two terms as a county prosecutor in western Pennsylvania. When my office evaluated a case we considered the likelihood of proving the accused guilty beyond a reasonable doubt. If we believed that we could not meet that burden we did not proceed. Most prosecutors, especially on the federal level, take the same approach.
A trial, in the Senate or a county courtroom, is not about proving a political point. Trial should not be about embarrassing the accused or sullying his or her reputation. Can you imagine the uproar if a local prosecutor said “I know I can’t convict him, but I wanted to embarrass and annoy him?”
Impeachment is not a political tool. If it becomes a political tool then the Democrats are no better than a guy that would flirt with the Russians to win an election; or cozy up to a ruthless, murderous dictator; or wants to “lock-up” his political opponents.
Former Special Counsel Robert Mueller issued a statement this week upon closing the special counsel office. Mueller highlighted his investigation into possible obstruction of justice by Trump, which arose out of actions the president undertook while the investigation was ongoing. Mueller reiterated, ”(I)f we had confidence that the president clearly did not commit a crime, we would have said that.”
In the aftermath of Mueller’s statement, several members of the House called for impeachment, including Justin Amass (R-MI), Bill Pascrell (D-NJ) and Alexandria Ocasio-Cortez (D-NY). Several Democrats in the Senate have called for impeachment as well, including Elizabeth Warren (D-MA), Kamala Harris (D-CA) and Cory Booker (D-NJ), each a candidate for president in 2020.
House Judiciary Chairman Jerry Nadler said he is committed to holding the president accountable, stating that all options, including impeachment, are on the table but, according to Jurist, refused to commit to impeachment at this time.
Why would the Democrats give Trump what he wants?
Articles of impeachment might embarrass Trump, if that’s possible. On the other hand, as pointed out by veteran political analysts Terry Madonna and Michael L. Young in The Pennsylvania Capital-Star, “Trump’s hard-core constituency of a third or more of the electorate are more likely to be galvanized by impeachment then abandon Trump.”
Trump wants a forum to portray himself as the victim of overzealous political opponents out to get him. He gets that before Election Day with an exoneration in the Senate.
Impeachment would be a disaster. It would be a disaster for both the Democrat and Republican parties - and a disaster for our nation.
Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner’s Toll, 2010 was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino.
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