This is the second blog in a series on the Texas legislature's review of the Department of Criminal Justice and the Board of Pardons and Paroles. An earlier blog looked at the Conservative position on criminal justice this blog looks at the Liberal position.
"As a human rights organization, our perspective is that these conditions are cruel and unusual, they violate the Constitution, and that it's illegal to house prisoners in these conditions," Scott Medlock of the Texas Civil Rights Project told the Texas Tribune.
The group has already sent a letter to the a Texas legislative committee noting what it considers inadequate health care for prisoners.
But Medlock knows arguing for prisoners' rights doesn't always get far in tough-on-crime Texas. So he's also proposing measures he says could improve prisoner conditions while cutting costs for the state, like reviewing sentencing policies that keep geriatric inmates behind bars, where they disproportionately use up the prison system’s limited health care dollars.
"So that results in old and frail prisoners who have already served an extremely long time in prison that then become very expensive to care for as they reach their later years," Medlock said.
To read more: http://www.texastribune.org/texas-dept-criminal-justice/texas-department-of-criminal-justice/prison-healthcare-under-sunset-review/print/
Sunday, December 4, 2011
Texas Reviews Criminal Justice Policy, Part I
The Texas Legislature will review the operation of the Texas Department of Criminal Justice and the Board of Pardons. The Liberals and Conservatives have different views on the operation of government. Here is the Conservative position on criminal justice in Texas.
Marc Levin of the Texas Public Policy Foundation, a conservative think tank, agrees that sentencing and the prison population should be reviewed. He said the state must prioritize its prison space to keep threats to society behind bars but should steer lower-level offenders, like individuals convicted of minor drug possession, out of jail, reported the Texas Tribune.
"We have about 17,000 low-level drug possession offenders in our Texas prisons right now," Levin said. "Not all of them would be eligible under this because it excludes those with prior significant felony convictions and so forth. But it certainly would save several hundred millions of dollars."
But even with the lure of saving state money, it can be tough to convince Texas officials to change sentencing policy. Levin counters that state incarceration rates and crime rates have declined over the last six years. And he isn't just saying that people shouldn't be sent to prison no matter what: If they don't pose a threat, he said, put them in a strict probation program with monitoring and even treatment options. Levin said that will lower costs and recidivism rates.
Later we will review the Liberal position on crime and justice.
To read more: http://www.texastribune.org/texas-dept-criminal-justice/texas-department-of-criminal-justice/prison-healthcare-under-sunset-review/
Marc Levin of the Texas Public Policy Foundation, a conservative think tank, agrees that sentencing and the prison population should be reviewed. He said the state must prioritize its prison space to keep threats to society behind bars but should steer lower-level offenders, like individuals convicted of minor drug possession, out of jail, reported the Texas Tribune.
"We have about 17,000 low-level drug possession offenders in our Texas prisons right now," Levin said. "Not all of them would be eligible under this because it excludes those with prior significant felony convictions and so forth. But it certainly would save several hundred millions of dollars."
But even with the lure of saving state money, it can be tough to convince Texas officials to change sentencing policy. Levin counters that state incarceration rates and crime rates have declined over the last six years. And he isn't just saying that people shouldn't be sent to prison no matter what: If they don't pose a threat, he said, put them in a strict probation program with monitoring and even treatment options. Levin said that will lower costs and recidivism rates.
Later we will review the Liberal position on crime and justice.
To read more: http://www.texastribune.org/texas-dept-criminal-justice/texas-department-of-criminal-justice/prison-healthcare-under-sunset-review/
Saturday, December 3, 2011
Penn State: Sandusky Speaks...Again
Former Penn State assistant football coach Jerry Sandusky, in his first extended interview since his indictment on sexual abuse charges last month, talked with Jo Becker of The New York Times. Sandusky spoke with Bob Costas of NBC Sports several weeks ago.
Apparently, Sandusky participated in both interviews with the consent and participation of his attorney Joe Amendola. "All those good things that you were doing have been turned around,” Amendola told the Times. He continued, “and the people who are painting you as a monster are saying, ‘Well, they’re the types of things that people who are pedophiles exhibit.’ ”
At a minimum this is an unorthodox approach to defending very serious charges that could theoretically result in the 67-year-old Sandusky spending the rest of his life in prison. In the end, we are all judged by one thing--the result. Amendola's defense strategy for Sandusky will either make the lawyer famous or infamous.
Some of the interview highlights include: Sandusky admits that he bought gifts for many children, had sleep-overs, showered with and slept in the same bedroom with young boys. He also said Coach Joe Paterno never spoke to him about any suspected misconduct with minors, his work with the Second Mile charity was never restricted and he was subdued at times when talking about the Penn State sex scandal and cover-up.
Read Jo Becker's New York Times interview here.
Apparently, Sandusky participated in both interviews with the consent and participation of his attorney Joe Amendola. "All those good things that you were doing have been turned around,” Amendola told the Times. He continued, “and the people who are painting you as a monster are saying, ‘Well, they’re the types of things that people who are pedophiles exhibit.’ ”
At a minimum this is an unorthodox approach to defending very serious charges that could theoretically result in the 67-year-old Sandusky spending the rest of his life in prison. In the end, we are all judged by one thing--the result. Amendola's defense strategy for Sandusky will either make the lawyer famous or infamous.
Some of the interview highlights include: Sandusky admits that he bought gifts for many children, had sleep-overs, showered with and slept in the same bedroom with young boys. He also said Coach Joe Paterno never spoke to him about any suspected misconduct with minors, his work with the Second Mile charity was never restricted and he was subdued at times when talking about the Penn State sex scandal and cover-up.
Read Jo Becker's New York Times interview here.
PA: Law Enforcement Needs to Share Abuse Information
Pennsylvania lawmakers plan to introduce legislation that would require police to be immediately notified of suspects who are captured in law-enforcement databases that track online downloading of child pornography, reported The Associated Press.
Advocates said this week that the idea stems from the Penn State sex scandal and cover-up, and allegations that suggest sex abuse of a child witnessed by a university employee was never reported to the police. However, there is no known connection between child pornography and the Penn State case.
The federal Department of Justice is required to share the database with states. The bill would require the attorney general's office to share the information with police and mandate dedicated state aid for task forces to investigate.
Camille Cooper of the National Association to Protect Children says that few states provide money for Internet Crimes Against Children Task Forces to investigate leads in the databases, reported The Associated Press.
To read more: http://www.cumberlink.com/news/state-and-regional/article_0a7d099c-1c74-11e1-af1c-001871e3ce6c.html#ixzz1fRB0lzfp
Advocates said this week that the idea stems from the Penn State sex scandal and cover-up, and allegations that suggest sex abuse of a child witnessed by a university employee was never reported to the police. However, there is no known connection between child pornography and the Penn State case.
The federal Department of Justice is required to share the database with states. The bill would require the attorney general's office to share the information with police and mandate dedicated state aid for task forces to investigate.
Camille Cooper of the National Association to Protect Children says that few states provide money for Internet Crimes Against Children Task Forces to investigate leads in the databases, reported The Associated Press.
To read more: http://www.cumberlink.com/news/state-and-regional/article_0a7d099c-1c74-11e1-af1c-001871e3ce6c.html#ixzz1fRB0lzfp
Friday, December 2, 2011
The Cautionary Instruction: Deaths in police custody on the rise
Pittsburgh Post-Gazette/Ipso Facto
December 2, 2011
Deaths in police custody increased 16 percent between 2008 and 2009. A total of 4,183 deaths in police custody were reported to the Arrest-Related Deaths Program of the Federal Bureau of Justice Statistics (BJS) between 2002 and 2009, according to a BJS report issued this month. During that same time period the FBI reported that law enforcement agencies made 98 million arrests and 854 police officers died in the line of duty.
The Arrest-Related Deaths Program (ARD) grew out of the federal Death in Custody Reporting Act of 2000 (DICRA). The DICRA defined custody related deaths as "the death of any person who is in the process of arrest, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, or other local or state correctional facility."
The DICRA requires each state to report police custody deaths to the ARD. The ARD expanded the definition of “the process of arrest” to include vehicular and other fatalities resulting from flight from arrest, uses of lethal force by police, suicides occurring during arrest attempts, and deaths of arrestees resulting from drug overdoses, or other medical conditions or deaths occurring during transport to a holding facility, jail, or booking center.
Before the enactment of the DICRA states had no uniform requirements for reporting the circumstances surrounding deaths in police custody. Consequently, an environment of suspicion arose surrounding many situations where a death occurred in police custody. Without specific reporting requirements a finding of suicide or death by natural causes was looked upon with distrust -- often causing community unrest.
The best known death while in police custody in Pittsburgh was that of Jonny Gammage Jr. He died in 1995 after a traffic stop. Three police officers, two from Brentwood and one from Baldwin, were charged with involuntary manslaughter, none were convicted.
Pennsylvania reported 218 deaths in police custody between 2003 and 2009. Pennsylvania trailed only California, Texas, Florida, New York and Arizona. Those six states account for about 65 percent of all such deaths.
According to BJS, a substantial majority of deaths in police custody, 2,931 out of 4,183, where ruled homicides. That sounds as though police officers are cold blooded killers. Homicide should not be confused with murder. Although murder is a form of homicide some homicides are justified. In fact, 64 percent of homicides by police are in response to felonious physical assaults on police officer. A police officer’s response with lethal force, causing the death of a felon, is justifiable homicide.
While suicide, intoxication, accidental death and natural causes account for the remaining deaths in police custody, those who succumbed while being pursued, detained or transported by police are almost exclusively men -- representing more than 95 percent of those who died in police custody.
Visit Ipso Facto
December 2, 2011
Deaths in police custody increased 16 percent between 2008 and 2009. A total of 4,183 deaths in police custody were reported to the Arrest-Related Deaths Program of the Federal Bureau of Justice Statistics (BJS) between 2002 and 2009, according to a BJS report issued this month. During that same time period the FBI reported that law enforcement agencies made 98 million arrests and 854 police officers died in the line of duty.
The Arrest-Related Deaths Program (ARD) grew out of the federal Death in Custody Reporting Act of 2000 (DICRA). The DICRA defined custody related deaths as "the death of any person who is in the process of arrest, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, or other local or state correctional facility."
The DICRA requires each state to report police custody deaths to the ARD. The ARD expanded the definition of “the process of arrest” to include vehicular and other fatalities resulting from flight from arrest, uses of lethal force by police, suicides occurring during arrest attempts, and deaths of arrestees resulting from drug overdoses, or other medical conditions or deaths occurring during transport to a holding facility, jail, or booking center.
Before the enactment of the DICRA states had no uniform requirements for reporting the circumstances surrounding deaths in police custody. Consequently, an environment of suspicion arose surrounding many situations where a death occurred in police custody. Without specific reporting requirements a finding of suicide or death by natural causes was looked upon with distrust -- often causing community unrest.
The best known death while in police custody in Pittsburgh was that of Jonny Gammage Jr. He died in 1995 after a traffic stop. Three police officers, two from Brentwood and one from Baldwin, were charged with involuntary manslaughter, none were convicted.
Pennsylvania reported 218 deaths in police custody between 2003 and 2009. Pennsylvania trailed only California, Texas, Florida, New York and Arizona. Those six states account for about 65 percent of all such deaths.
According to BJS, a substantial majority of deaths in police custody, 2,931 out of 4,183, where ruled homicides. That sounds as though police officers are cold blooded killers. Homicide should not be confused with murder. Although murder is a form of homicide some homicides are justified. In fact, 64 percent of homicides by police are in response to felonious physical assaults on police officer. A police officer’s response with lethal force, causing the death of a felon, is justifiable homicide.
While suicide, intoxication, accidental death and natural causes account for the remaining deaths in police custody, those who succumbed while being pursued, detained or transported by police are almost exclusively men -- representing more than 95 percent of those who died in police custody.
Visit Ipso Facto
Thursday, December 1, 2011
Washington Post: Sandusky Fits the Profile
Police, prosecutors and sex crime experts say that former Penn State assistant football coach Jerry Sandusky’s alleged abuse is illustrative of sex predation across the country. According to the Washington Post, Sandusky's case is an extremely high-profile version of what police departments and social services offices see regularly: A man in a position of trust is accused of abusing those who are most vulnerable.
Capt. Bill Carson of the Maryland Heights, Mo., police department, a 32-year veteran who has studied imprisoned sex offenders, noticed similarities between his cases and the Penn State case right away.
“I interviewed a lot of charismatic people that would appear to be really nice people if you didn’t know what they were in prison for,” he told the Post. “They came across as being very pleasant. A lot of them had been in a position of trust. They were youth pastors or school teachers or YMCA volunteers, Boy Scout leaders, Little League coaches."
“They were well respected and well thought of in their career,” Carson said. “And when the charges came down, everyone was shocked.”
The Penn State sex scandal and cover-up has rocked the world of college football. The hearing for Former athletic director Tim Curley and former University Vice-President Gary Schultz have been rescheduled for December 16.
To read more: http://www.washingtonpost.com/local/penn-state-case-paints-familiar-portrait-for-police-experts-victims/2011/11/23/gIQAibzOAO_story.html
Capt. Bill Carson of the Maryland Heights, Mo., police department, a 32-year veteran who has studied imprisoned sex offenders, noticed similarities between his cases and the Penn State case right away.
“I interviewed a lot of charismatic people that would appear to be really nice people if you didn’t know what they were in prison for,” he told the Post. “They came across as being very pleasant. A lot of them had been in a position of trust. They were youth pastors or school teachers or YMCA volunteers, Boy Scout leaders, Little League coaches."
“They were well respected and well thought of in their career,” Carson said. “And when the charges came down, everyone was shocked.”
The Penn State sex scandal and cover-up has rocked the world of college football. The hearing for Former athletic director Tim Curley and former University Vice-President Gary Schultz have been rescheduled for December 16.
To read more: http://www.washingtonpost.com/local/penn-state-case-paints-familiar-portrait-for-police-experts-victims/2011/11/23/gIQAibzOAO_story.html
Wednesday, November 30, 2011
Penn State: Let the Civil Suits Begin
The Legal Intelligencer is reporting that the first civil law suit in the Penn State sex scandal and cover-up has been filed in Philadelphia. Zack Needles wrote that the lawsuit against embattled former Penn State assistant coach Jerry Sandusky, the Second Mile and Penn State Uuniversity itself alleges sex abuse and a conspiracy to cover it up.
The suit, filed on behalf of an alleged victim, identified only as John Doe, was filed by St. Paul, Minn.-based attorney Jeffrey R. Anderson. He said during a press conference this morning that the suit was filed in Philadelphia because one of the alleged incidents of sex abuse occurred there during a trip Sandusky took with the plaintiff.
Anderson said the victim first reported his allegations to law enforcement on Tuesday.
The complaint is short on specific details — Anderson said several times that he wanted to protect the victim and avoid compromising any ongoing criminal investigations—but alleges that, from 1992 to 1996, Sandusky sexually abused the plaintiff, reported the Intelligencer.According to Marci A. Hamilton, a Washington Crossing, Pa.-based attorney who is of counsel to Anderson's firm, the plaintiff was 10 when the abuse began and 14 when it stopped.
The complaint alleges Sandusky sexually abused the plaintiff "over 100 times" during the course of those four years "within Pennsylvania and outside Pennsylvania; in the facilities of Penn State, Particularly the football coach's locker room; at times within Philadelphia County; at facilities out of state connected with a Penn State bowl game; and at the Sandusky home."
The complaint also alleged counts of civil conspiracy to endanger children, vicarious liability for the sex abuse, negligent supervision, premises liability, negligent misrepresentation, and intentional infliction of emotional distress against both Penn State and The Second Mile. Anderson said that the suit is about "institutional recklessness."
The Legal Intellegencer
The suit, filed on behalf of an alleged victim, identified only as John Doe, was filed by St. Paul, Minn.-based attorney Jeffrey R. Anderson. He said during a press conference this morning that the suit was filed in Philadelphia because one of the alleged incidents of sex abuse occurred there during a trip Sandusky took with the plaintiff.
Anderson said the victim first reported his allegations to law enforcement on Tuesday.
The complaint is short on specific details — Anderson said several times that he wanted to protect the victim and avoid compromising any ongoing criminal investigations—but alleges that, from 1992 to 1996, Sandusky sexually abused the plaintiff, reported the Intelligencer.According to Marci A. Hamilton, a Washington Crossing, Pa.-based attorney who is of counsel to Anderson's firm, the plaintiff was 10 when the abuse began and 14 when it stopped.
The complaint alleges Sandusky sexually abused the plaintiff "over 100 times" during the course of those four years "within Pennsylvania and outside Pennsylvania; in the facilities of Penn State, Particularly the football coach's locker room; at times within Philadelphia County; at facilities out of state connected with a Penn State bowl game; and at the Sandusky home."
The complaint also alleged counts of civil conspiracy to endanger children, vicarious liability for the sex abuse, negligent supervision, premises liability, negligent misrepresentation, and intentional infliction of emotional distress against both Penn State and The Second Mile. Anderson said that the suit is about "institutional recklessness."
The Legal Intellegencer
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