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Chicago Weekend: Is Crime Down, Or Are Neighborhoods Emptying?

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Is crime really dropping in Chicago? Not long ago, the public would have been forced to rely on some pretty unreliable sources for an answer:

  • academicians who worship at the ‘the public’s crime fears are overblown‘ altar
  • mainstream reporters who worship at the “academicians who worship at the ‘the public’s crime fears are overblown’ altar” altar
  • Chicago politicians

From sources like that, you get contradictory numbers like this, in the Chicago Sun-Times:

Five men were killed and at least 19 other people — including two children — were hospitalized after violence in the city this weekend.

Despite the violent weekend, Chicago Police announced Sunday that violent crimes have decreased for the 30th consecutive month and there have been 31 fewer murders this year than through June of last year, a 14.4 percent decrease. The crime stats also indicate a decrease in aggravated batteries, aggravated assaults and criminal sexual assaults.

Five people blown away, 19 others shot or otherwise injured, in one unremarkable weekend that featured the sort of bad weather that tends to drive people off the streets, so that’s good news: crime is down!  (**Update: 11 more shot overnight Sunday, ten homicides total)

Sure, murders are down.  They don’t say how much agg. assaults and batteries dropped, nor do they offer what might be the most accurate measure of non-safety — the number of shootings, as oppose to the number of entirely successful gun murders.  Let’s not reward bad aim, or good doctoring.

At least the public has alternative sources of information, now that cops are blogging.  Second City Cop speculates about other possible explanations for the alleged “drop in crime”:

Are there any actuaries out there who can determine the per capita rate of homicides? We lost at least 200,000 people in the recent census, and since rates are measured in terms of crimes per 100,000, is this a real drop in crime or just a statistical equivalent? And are we still doing that thing with people shot during robberies? And the other thing that negates the FBI ever using Chicago numbers in their crime stats because they’re so hinky?

SCC’s commenters (also cops) knock a little more gild off the lily:

What about property crimes? Criminal damage reports? Thefts? And what of the clearance rates, esp. for violent crimes, like robberies? Oh, I forgot, robberies are property crimes, acc. to Cline.

Crime has gone down for over 30 straight months with the shortage of cops? We don’t need any more cops. In fact lets get rid of all of them and let the animals run the asylum.

With severe police shortages, crime reports fall through the cracks.  So is the public “over-reacting” or is crime under-reported?

It also appears from the cop blogs that Chicago authorities are camouflaging crime numbers by classifying gun robberies as “property crime” instead of violent crime.  I imagine this sort of free pass gets carried over to Chicago courtrooms, where felons who stick guns in peoples’ faces get off easy because it’s just a “property” offense.  And remember all the criminals robbing other criminals who aren’t about to call 911, and the residents intimidated into silence.

Remember too the nine-year olds and eight-year olds and 12-year olds caught in the crossfire.  I don’t even think that’s a complete list from the past week.

How many violent crimes go unreported in a city like Chicago?  This demoralizing Chicago Tribune must-read offers some insights:

Whatever you do, don’t use my name, said the 83-year-old widow, and the fear in her voice was palpable. . .

We [the reporters] met a lot of longtime residents on many blocks fighting to hang on to and regenerate their communities. We wanted to tell their stories, but more often than not they would not let us if we used their names. They are terrified of retribution by the criminal elements — gangs and drug dealers — whose activities mushroomed in the newly vacant houses around them. . . ”It’s like young people are berserk around here,” said the elderly widow. “It’s like they’re destroying themselves. Practically every other night or so, we hear shooting just west or east of us, or in the alley. It sounds so close, it scares you.”  She has lived in her house for 54 years, one of the early black families to move into the community. . . After years of watching, [the elderly residents] know by sight most of the players in the nightly drama. The one they fear most is a soft-spoken boss of street crews selling drugs.  ”He is just an ordinary-looking person,” said one of the block club’s men. “He doesn’t dress fancy or drive flashy cars. He is very quiet and usually very courteous with people on the street. But he is a vicious killer who is all business.

“Everybody knows who he is.”

If the drug boss knew people were reporting his activities to the police, club members agree he would strike back at them. It’s a frightening prospect because they say he calmly shot a man to death in front of witnesses near their block several years ago and walked away free. The fear of reprisal for reporting criminal activity seems well-founded. Police recognize that gangs and drug dealers plant their own people into community meetings as spies, taking notes on which residents speak out against illegal activity. Community policing experts tell residents to report crimes in strict privacy, not in public forums.

Does any of this sound like good news about the crime rate?  Is Chicago really getting safer, or is the opposite true, despite any temporary drop in murder stats?  The reporters here lay too much blame on the “subprime mortgage crisis,” instead of on the thugs or the justice system that allows them to get away with murder, empty houses or no empty houses.  But, otherwise, the story serves as a fierce corrective to the “crime is down” boosterism coming out of city hall.  For the senior citizens trying to hold their neighborhoods together for the uptenth time in fifty years, it’s horror show:

They are terrified of retribution by the criminal elements — gangs and drug dealers — whose activities mushroomed in the newly vacant houses around them . . . crime problems didn’t seem epidemic, block club members say, until the recent foreclosures as a result of the subprime mortgage crisis.  According to the census, Englewood and West Englewood lost nearly 20,000 residents in the last decade. Now, 3,500 boarded-up houses and empty lots dot the communities

This actually confirms Second City Cop’s musing about population and statistics: high-crime areas experienced large population losses during the recent mortgage crisis.  So it might be that crime rates, adjusted for population, have not dropped at all.

Gee, you’d think some city statistician or publicly funded academic would have caught this.  No, they’re all far too busy denying the existence of crime and lobbying to empty the prisons.  Meanwhile, back on the block:

Because their street is quieter than nearby streets, the longtime residents say police don’t patrol their block as frequently as they do adjoining ones.  ”The drug dealers and addicts know that,” said an 80-year-old woman who is also a longtime block club member. “The addicts buy their drugs around the corner and then park in their cars on our block to use their drugs and have their sexual encounters (to pay for drugs). At night, you know they are smoking crack from the blue flame that flares up.”

She talks despairingly of how the crime surge has changed her life.

“I don’t want shooting outside my house or out in the alley. I just want to go to the store and not be afraid, and to get on the bus without fear.”

Is crime really down? Or have the official statistics merely been pummeled by fear of reprisals and thinned by the cop shortage . . . then massaged by statisticians, pled down by attorneys, and shiatsu-ed again by academics, until that hard metal barrel pointed at someone’s face has metamorphosed into a property crime, or maybe just drug possession, if victims are too afraid, or too felonious, to come forward?

Then the anti-incarceration activists can claim that we need more “alternatives to prison” for all those “drug and non-violent offenders” who fill cells.  And the cycle starts over again.

Englewood Neighborhood, Chicago (Terrence Antonio James, Chicago Tribune / July 10, 2011)

New York City, 1990; Ciudad Juarez, 2009; Justice Reinvestment, Tomorrow

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A shiny new euphemism is bouncing around Washington these days: it’s called Justice Reinvestment.

That sounds nice.  Thrifty.  Far better than the unfortunately named “Prisoner Reentry,” which was former President Bush’s euphemism for his program handing $300 million dollars over to FBCOS (faith and community based organizations, in other words, any darn thing) to provide “services” (“mentoring,” putative job training, free housing and other goodies) to offenders “reentering” their communities.

In other words, getting out of jail.

Of course, Bush was an unrehabilitated knuckle-dragger, so the new administration has announced, to great fanfare, that those dark days of denying offenders services (“mentoring,” putative job training, free housing, and other goodies) have Finally Come To An End, now that they’ve invented an entirely new name for them.

Justice Reinvestment definitely sounds better than Prisoner Reentry, but other than the stationary headings, both programs do precisely the same thing: they pay a whole bunch of pricey advocates to put a good spin on the fact that our streets are crawling with offenders who ought to be in prison but are not.

Like all spin on crime, Justice Reinvestment is an expression of the foundational myth of crime and punishment in America, neatly summarized in this Nation editorial and thousands of identical screeds.  I paraphrase, but not much (* are real quotes):

Once upon a time, during the Golden Age (roughly, 1963 to 1989), we rehabilitated criminals, instead of punishing them.  But then, a vindictive and stupid public woke up one morning and demanded that their leaders become tough on crime.  Spineless politicians, driven by the unslaked blood-thirst of the public, started putting vast numbers of people in prison for no reason whatsoever, and soon we became a prison state where there was no rehabilitation, no parole, and no second chances.  Then we were worse than Iran!  Cruel and irrational new laws “sent young men to prison for life for stealing a slice of pizza,”* when we could have been using all that money to send them to Princeton.  Ivy League, not Central Lockdown!  Except, not the campus where I’m sending my daughter, please.  Everybody knows that prisons don’t prevent crime.  “All prison is likely to teach . . . is how to commit crime again,”* whereas, at Princeton, young offenders could have been taught literary criticism instead.  If there were no prisons, there would be no recidivism.  That’s a fact.  But because we destroyed the consequence-free paradise that was 1974, we are forcing young, one-time offenders to become lifetime criminals.  Now, because we have chosen enforcement over empathy, “half of those released will be convicted for another crime within three years.”* So it’s vital that we admit we were wrong and, from this point forward, avoid holding criminals accountable in any way, lest we turn them into recidivists.  Using laws.   They just need understanding.  And job training.  And mentors.

This myth, exactly none of which is true (except the shocking recidivism stats) has been embraced by both Democrats and Republicans, which doesn’t make it more credible, just more bipartisan.  How wrong-headed is this thinking?  This chart should do the trick:

800px-NYC_murders

See 1963ish?  That is the dawning of the Age of Anti-Incarceration, rising to full bloom in the bloodshed-ey Eighties.  See 1990?  That was when three-strikes, enhanced penalties for gun crimes, and broken-windows policing began replacing the leniency of the previous two decades.

See the blank spot on the far right side of the declining ski slope between 1990 and 2000?  Those are the thousands of lives saved in New York City alone, thanks to those terrible Americans who began to demand that the justice system incarcerate offenders instead of automatically cutting them loose.

I saw an interesting statistic in the newspaper.  Ciudad Juarez, where 16 young people were shot to death at a birthday party yesterday, had about as many murders last year as New York City had in 1990.  So if you want to imagine what contemporary New York would look like if only those horrible law-and-order types hadn’t turned America into Iran some time around 1992, think Ciudad Juarez.

In fairness, the murder rate in Ciudad Juarez today is far higher than the 1990 New York City murder rate: there are only 1.5 million people in Juarez, one-fifth the population of NYC three decades ago.  But there were roughly 1.35 million poor living in NYC when the city’s murder rate spiked, and, of course, the vast majority of the killings took place exclusively among the poor.

So it really was that bad.  Sending more people to prison really did save more lives.

And yet, the anti-incarceration activists continue to insist that “fascist” law enforcement, not crime, is the only real problem, and the only real solution to everything is more leniency and more administration.  That is the real intent of the Justice Reinvestment movement, though I dare anyone to read through the Byzantine prose of the official Four-Step Strategy and explain what they are actually saying.

It is, after all, your money they’re throwing at that guy who just stole your lawnmower.

Tax Breaks for Hiring Ex-Cons. No Tax Breaks for Hiring the Law Abiding.

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Back when the economy was flush, President Bush (yes, that President Bush) started the “prisoner re-entry” ball rolling with $330 million dollars in federal funding to go for housing, drug rehab, jobs, and various therapies for ex-cons.  But now that we are a year into record unemployment for non-ex-cons, should the federal government still be offering tax breaks as a reward for hiring people with criminal records?

With one in ten people (probably more) unemployed, should committing a crime give people a leg up over other job applicants?

Consider one state with a (relatively) good financial outlook, Kansas.  24,000 people are on the unemployment roll in Kansas: the unemployment rate, around 6%, is far better than in many other places.  But the state has also lost 60,000 jobs since last November.  Nevertheless, taxpayers in Kansas seeking work are still subsidizing tax breaks for businesses who choose ex-cons over law-abiding job seekers.

Amazingly, the federal program offering tax breaks for hiring offenders even provides employers with “free insurance to protect them against losses including by theft, forgery or embezzlement.”  You know, for when the rehabilitation doesn’t take.

I’m all for offering offenders the chance to clean up in prison: who wouldn’t be?  But A.A. and N.A. programs cost nothing to run or attend, in or out of jail.  There also seems to be no shortage of naive (often religious) volunteers eager to teach offenders how to dress right for a job interview.

But the minute there’s grant money involved, expect wrap-around freebies for “clients” and zero accountability regarding whether a single dime spent does any good at all.  Here is a description of some of Kansas’ federal tax-funded re-entry expenditures, from a March 2009 article in U.S.A. Today:

In a hushed conference room overlooking the town’s main drag, eight convicted felons, including an aspiring amateur fighter, brandish bright Crayola markers.  Their goal is to match their personalities to one of four colors. Tim Witte, 27, on probation for evading arrest, eyes the task as if sizing up a fellow middle-weight on Kansas’ gritty cage-fighting circuit. Witte and two drug offenders settle on orange.  The color, indicative of a restless, risk-taking personality, is the hue of choice for most offenders, says Michelle Stephenson, the corrections officer leading the unusual exercise. . . Probation officers now help offenders find work, health care, housing, counseling, transportation and child care.  During the past several months, for example, the office spent $110 to cover an offender’s utility payments; $500 for a rent payment; $600 for six bikes the office loans to get to job interviews; $77 for a YMCA membership to help an offender improve his physical condition and $320 for eight anger-management counseling sessions.

The coloring class, gym memberships, et. al. are part of a gamble the state is taking with violent felons.  In an effort to cut costs, ex-cons are assigned to community-based “behavior modification” classes rather than being returned to prison for parole violations.  So that guy breaking into your garage might just get sent to art class, instead of back to prison.

Gee, who needs an anger management class now?

Does any of this busywork actually rehabilitate criminals? Or are the few successes held forth for the press just the people who would have gotten their act together anyway?  Even if the overseers of these programs weren’t utterly unreliable reporters, thanks to their nearly universal anti-incarceration ethos, there’s really no way to know.

For when states simultaneously set up crayola workshops for felons and instruct parole officers to send fewer violators back to prison and send the word down to prosecutors that more cases should be pleaded away, there are a million ways to make the results look good.  With layers of politicians and government workers and non-profits, there’s always somebody willing to point at the crayon box and declare (for a fee, of course) that the patient has been cured.

Well, except for this guy.  According to Kansas offender records, he absconded some time after U.S.A. Today introduced us to him in his coloring class.

prisoneconomyx

Not in Kansas anymore?

The Guilty Project: Patrick Hampton

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From the Bradenton (FL) Herald:

Repeated Judicial Leniency, Misuse of Mental Incompetence Status, Parole Board Leniency, Repeated Failure of “Community Control”

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This is Patrick Hampton. In 2003, he tried to kill a man by stabbing him “several times” with a steak knife.  Instead of sending him to prison, Judge Peter Dubensky sent him to a mental institution.  Some six months later, Dubensky ruled that Hampton was competent for trial.  Then he sentenced him to four years in prison.

Four years for aggravated battery with a deadly weapon.  Why?  Hampton walked into prison in March of 2005.   Two and a half years later, August 2007, he walked out.

So, between Judge Dubensky’s inane sentencing and the equally inane actions of Florida’s parole board, which persists in letting violent felons walk early despite the trail of broken bodies that ensue (like, mine), Hampton was free to kill his stepmother last Friday.

There is nothing wrong with judges finding people mentally unfit to stand trial, of course.  But once they are deemed fit, they need to actually be held responsible for their crimes, or they need to be kept incarcerated if they’re so dangerous that they’re not responsible.  One or the other, right?  Mental illness combined with criminal acts shouldn’t be treated like some sentencing version of an early-bird two-for-one.

Did Dubensky go easy on Hampton because he decided that his mental illness excused his attempt to murder someone?

Or does Dubensky just go easy on extremely violent, recidivist felons?

Or did he go easy on Hampton for some other reason, some dangerously misguided paternalistic impulse for a man he’d seen in his courtroom before?

According to Manatee County’s criminal records, the 2003 stabbing was not the first time Judge Dubensky encountered Patrick Hampton in court.  That would be way back in 1997:

ADJUDGED GUILTY SENTENCED TO 6 MONTHS COUNTY JAIL WITH CREDIT FOR TIME SERVED CONCURRENT WITH 93-3601F $261.00 COURT COSTS BY JUDGMENT THIRTY DAYS TO FILE AN APPEAL-JUDGE PETER DUBENSKY PLEA SHEET FROM 07/07/97.

From what I can tell from the on-line sources, that incarceration appears to have resulted from the last time someone went easy on Hampton because he was mentally ill.  After he attacked his father, he was given outpatient therapy and probation instead of a prison sentence, then he violated the terms of probation:

REPRESENTED BY PATRICK FORD, ASSISTANT PUBLIC DEFENDER STATE REPRESENTED BY IRENE PLANK WITHDREW DENIAL ACKNOWLEDGE & WAIVER OF RIGHTS FILED IN OPEN COURT COUNT I ADMITTED VIOLATION OF PROBATION. PROBATION REVOKED ADJUGED GUILTY ON ORIGINAL OFFENSE PLACED ON 2 YEARS COMMUNITY CONTROL, CONTINUE AND COMPLETE OUTPATIENT PROGRAM AT MANATEE GLENS. CONTINUE TAKING MEDICATION. ORIGINAL CONDITIONS TO APPLY. COST OF SUPERVISION WAIVED. COUNT II ADMITTED VIOLATION OF PROBATION. PROBATION REVOKED CREDIT OF TIME SERVICE IN THE COUNTY JAIL 30 DAYS TO FILE AN APPEAL-JUDGE ROBERT J BOYLSTON VIOLATION OF PROBATION DOCKET FROM 4/3/96

So, let’s get this straight: Hampton violated probation, so he was placed on outpatient community control?  What the heck is probation anyway?

Note, too, the “cost of supervision waived.”  It and other waivers appear throughout his lengthy trips through the Manatee County Courts.  Between that freebie, and the price of giving him multiple public defenders, and dozens of separate court hearings, and the cost of hospitalization for his victims, and the cost of some court shrink evaluating him every time he decided to stop taking his medication and went on another tear, and the cost of the police catching him and delivering him to one courtroom or another, where yet another well-paid judge let him go on “community control” again and an admonishment to take his meds, can you imagine how much it has cost the taxpayers of Florida to allow this violent, recidivist felon to walk the streets?

Think about that the next time some liberal state politician screams that alternatives to incarceration cost less than incarceration.  Also think about it the next time some conservative state politician screams that we’re spending too much on the state prison budget and quietly betrays his own “tough on crime” stance by colluding with the liberals to let offenders out early to save a dime (thus displacing costs to the counties, where they’re harder to track).

And then there’s that other cost: one human life, Maxine Hampton, 83. Evidence of her murder includes a broken glass, a knife, and a frying pan.  Imagine that.  Who could have possibly predicted that a mentally unstable, non-medically compliant, violent recidivist who had stabbed at least one person in the past and had a history of violence towards his parents would do the same again?

1994:

REPRESENTED BY DAVID EHLERS, ASST PUBLIC DEFENDER STATE REPRESENTED BY IRENE PLANK COUNTS 1 & 2: PLEAD NOLO CONTENDERE, ADJUDICATION WITHHELD COUNT I- WITHDREW PREVIOUS PLEA ACKNOWLEDGE & WAIVER OF RIGHTS FILED IN OPEN COURT PLACED ON 5 YEARS PROBATION. ENTER AND COMPLETE THE OUT PATIENT PROGRAM THROUGH GLEN OAKS OR MANATEE GLENS. TIME SERVED COUNTY JAIL WITH CREDIT FOR TIME SERVED. WAIVE COS. WAIVER OF PRIVILEDGED COMMUNICATION SIGNED AND FILED WITH PROBATION. $250.00 COURT COSTS BY JUDGMENT.COUNT II-PLACED ON 12 MONTHS PROBATION CONCURRENT WITH COUNT I. COS WAIVED. TIME SERVED COUNTY JAIL WITH CREDIT FOR TIME SERVED. THIRTY DAYS TO FILE AN APPEAL (PAUL E. LOGAN) PRE TRIAL CONFERENCE DOCKET FROM 3/24/94

1995:

NOTICE OF CASE ACTION FILED CRIMINAL CHARGES WILL NOT BE FILED AS TO AGGRAVATED BATTERY & 2 COUNTS OF CRIMINAL MISCHIEF CHARGES WILL BE FILED AS BATTERY & 2 COUNTS OF CRIMINAL MISCHIEF UNDER MISDEMEANOR CASE #95-5668M

1996:

PROBATION REVOKED ADJUGED GUILTY ON ORIGINAL OFFENSE PLACED ON 2 YEARS COMMUNITY CONTROL, CONTINUE AND COMPLETE OUTPATIENT PROGRAM AT MANATEE GLENS. CONTINUE TAKING MEDICATION. ORIGINAL CONDITIONS TO APPLY. COST OF SUPERVISION WAIVED. COUNT II ADMITTED VIOLATION OF PROBATION. PROBATION REVOKED CREDIT OF TIME SERVICE IN THE COUNTY JAIL 30 DAYS TO FILE AN APPEAL-JUDGE ROBERT J BOYLSTON VIOLATION OF PROBATION DOCKET FROM 4/3/96

1997:

REPRESENTED BY ASSISTANT PUBLIC DEFENDER CYNDEE NEWTON STATE REPRESENTED BY CYNTHIA EVERS WITHDREW PREVIOUS PLEA ACKNOWLEDGE & WAIVER OF RIGHTS FILED IN OPEN COURT PLEAD NOLO CONTENDERE, ADJUDGED GUILTY SENTENCED TO 6 MONTHS COUNTY JAIL WITH CREDIT FOR TIME SERVED CONCURRENT WITH 93-3601F $261.00 COURT COSTS BY JUDGMENT THIRTY DAYS TO FILE AN APPEAL-JUDGE PETER DUBENSKY PLEA SHEET FROM 07/07/97

2003:

REPRESENTED BY DAVID EHLERS, ASSISTANT PUBLIC DEFENDER STATE REPRESENTED BY DAWN BUFF WITHDREW PREVIOUS PLEA ACKNOWLEDGEMENT AND WAIVER OF RIGHTS FILED IN OPEN COURT PLED /NOLO CONTENDERE, ADJUDGED GUILTY PLACED ON PROBATION FOR 3 YEARS COST OF SUPERVISION WAIVED 100 HOURS PUBLIC SERVICE HOURS IN EQUAL MONTHLY INSTALLMENTS WITHIN 34 MONTHS COURT IMPOSE COURT COSTS OF $261.00 BY JUDGMENT $150.00 COURT FACILITY FEE PURSUANT TO ARTICLE 5 TRUST FUND BY JUDGMENT $40.00 PUBLIC DEFENDER APPLICATIONS FEES, REDUCED TO JUDGMENT $150.00 ATTORNEY’S FEES BY JUDGMENT . . . TAKE ALL MEDICATIONS AS PRESCRIBED DEFENDANT SOCIAL SECURITY NUMBER SENTENCING GUIDELINES FILED IN OPEN COURT THIRTY DAYS TO APPEAL – JUDGE MARC B. GILNER FROM 02/12/03 PLEA SHEET

The on-line records from Manatee County indicate at least five separate felonies against Hampton, along with either three or four other cases prior to 1993 that cannot be viewed on-line.  Some are serious felonies, some minor felonies, but in each case the result appears the same: the judge ignores Hampton’s mounting record of recidivism and sends him for more therapy.  The dockets for each viewable case involve multiple court hearings, multiple lawyers, multiple instances of judicial leniency.

One of Hampton’s many defense attorneys blamed a lack of mental health resources in the wake of his client’s latest attack:

[David] Ehlers on Monday recalled his former client as a man with obvious mental illness and needing more treatment.  “He was clearly someone who was mentally ill,” said Ehlers. “But the situation is that the demand for mental health services is overwhelming, and the state probably doesn’t keep everyone in as long as they should.”

So what did Ehlers do about his client’s obvious inability to live safely in society, which he says was clear to him?  He cut a deal with a judge for a pittance of prison time and got Hampton back on the streets as fast as he could.

In hindsight, was that really in “the best interest of his client”?

And did the state really fail to provide Patrick Hampton with mental health resources?  Since at least 1994, he has been ordered to receive, and provided with, state-provided in-patient and out-patient mental health care.  Over the last 15 years, he repeatedly rejected the outpatient treatment, but instead of protecting the public from an unstable man with a proven record of violence, judges kept sending him back for more “community control.”

What’s that saying about the definition of crazy?

The Guilty Project: The First Rape is a Freebie, then Loc Buu Tran Slaughters A Young Woman

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Courtwatcher Orlando’s Laura Williams brings attention to the case of Loc Buu Tran:

2006-CF-014820-O In custody since 10/19/06 ~ Trial now scheduled for 11/16/09 with Judge John Adams.  1st Degree Murder. Allegedly stabbed a UCF student to death 10/06 when she tried to break up with him. Also was convicted 8 years ago in Clearwater for rape. Mistrial was declared 8/12/09 after Judge Jenifer Davis realized during the first witness’ testimony that she had worked on the case when in the PD’s office.
Why can’t we seem to get this guy tried?

Good question.  The judge, who rose to the bench after working as a defense attorney, claims that she “didn’t remember” that she had previously represented Tran.  How, exactly, does that happen in an extremely well-publicized murder case of a college student?

Judge Jennifer M. Davis was presiding over the case until she officially disqualified herself this morning on the grounds that she previously had worked in the public defender’s office as an attorney. Davis said she was part of Loc Tran’s defense.

“I’ve had this case for awhile,” Davis said. “It had not occurred to me I had worked in the office that initially represented this case, so legally I have no choice but to disqualify myself.”

Davis apologized to the jury and said she had worked as a supervisor with the attorneys defending the case. She said she didn’t realize until she heard the witness testimony from Nhat-Anh’s sister.

Here’s another question: why did Tran get probation from a judge in Clearwater, Florida in 1998 for the crime of burglary, sexual battery and kidnapping?

Probation for sexual assault.  Pinellas County’s on-line records are sketchy, but it appears that some judge in Clearwater, Florida gave Tran mere probation in December of 1998 for several serious crimes including sexual assault.  Think about that.  Rape a woman, get probation.  “First” offense, a freebie (though it appears it isn’t his first offense — a previous case is listed but there are no extant records).  In other words, nobody bothered to prosecute him that time, so the rape became a second first offense.  That makes the murder a fourth eighth offense.

There is a “sentencing guideline departure” page listed on the County website, but I can’t open that either.  No kidding they departed.

I would love to hear the justification for granting probation for rape.  Especially because Tran went on to take another woman’s life.

From what I can tell, and I’ll check on this after the holiday, after Loc Tran received probation for the 1998 rape, he went on to violate his probation with a fistful of credit card fraud charges which led to his finally being sentenced to prison in 2002.

Rape a woman, walk.  Steal a credit card, and you’re going to the big house, buddy.

But not for very long.  In July, 2002, Tran was sentenced to serve seven concurrent sentences of 3 years, two months each.  Take a good look at the offenses, all telescoped down to one concurrent prison term.  This is how crimes are disappeared by the courts every day, and victims are denied even the semblance of justice.  Or safety.

Current Prison Sentence History:
Offense Date Offense Sentence Date County Case No. Prison Sentence Length
04/27/1998 BURGLARY ASSAULT ANY PERSON 07/24/2002 PINELLAS 9807111 3Y 2M 0D
04/27/1998 SEX BAT/INJURY NOT LIKELY 07/24/2002 PINELLAS 9807111 3Y 2M 0D
04/27/1998 KIDNAP;COMM.OR FAC.FELONY 07/24/2002 PINELLAS 9807111 3Y 2M 0D
04/27/1998 OBSTRUCT CRIME INVESTIGATION 07/24/2002 PINELLAS 9807111 3Y 2M 0D
12/22/2001 FRAUD-CREDIT-CARD 07/24/2002 PINELLAS 0120895 3Y 2M 0D
12/22/2001 FRAUD-CREDIT-CARD 07/24/2002 PINELLAS 0120895 3Y 2M 0D
12/22/2001 FRAUD-CREDIT-CARD 07/24/2002 PINELLAS 0120895 3Y 2M 0D

Then, of course, after letting Tran get away with a known rape for four years, then catching him violating his probation with several other charges, then sentencing him to an absurdly short prison term . . . well, why break a perfect record of sheer contempt for victims of crime, not to mention the safety of women?  The State of Florida let him go early, after serving only 26 months of a 38 month sentence.

They also apparently trash-canned the rest of his probation, for good measure.  It’s all about prisoner “re-entry,” you know.  Probation’s a drag.  How dare we ask judges to enforce the law when rapists need to be rehabilitated back into society and given job training and that all-important-help getting their voting rights reinstated (Florida Governor Charlie Crist’s weird hobbyhorse)?

As we know now, Tran “re-entered” society with a bang.  A slash, really, stabbing a young woman to death when she tried to break up with him.   Given the court’s repeated bungling of his case this time, you have to wonder if he’ll ever really be off the streets.

Take a good look at his face.

This is a man who knows there are no consequences for the crimes he commits against women.  Expect endless, expensive appeals for him, and more of the same when he walks out of prison a second time.

And So It Begins: Rhetoric on “Early Release for Non-Violent Offenders Clogging Prisons” is Dangerous Hot Air

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From the Denver Post.  Not exactly Girl and Boy Scouts, these “best of show offenders” chosen as the first early releases in Denver.  Ironically, these records make precisely the opposite point than the one the Justice Department is making, which is that we are too harsh on offenders and “too vindictive” on sentencing.

Expect more of the same as Eric Holder gears up to throw massive amounts of money at anti-incarceration initiatives and activist groups like the Vera Institute, who do “studies” that all end up showing that we need to empty the prisons to save money.

Well, some people’s money, and good luck with that:

Not So Funny: Project Turn Around

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So Al Sharpton, Andrew Young, Fulton County District Attorney Paul Howard, and Fulton Superior Judge Marvin Arrington walk into a courtroom. . .

There is no punchline.  They walked into a courtroom to hold yet another courthouse special event for yet another group of criminal defendants who were having their crimes excused, who then failed to avail themselves of all the special tutoring and counseling and mentoring provided to them in lieu of sentencing, all paid for by us, the taxpayers.  What is going on in the courts?  Here is the press release from Paul Howard’s office:

On May 22, 2008, the Fulton County District Attorney’s Office joined by Fulton County Superior Court Judge Marvin Arrington unveiled a pilot program designed to clean our streets of rampant, unchecked illegal drug activity. With its innovative programming, this endeavor entitled Project Turn Around . . . [will] provide an opportunity for young drug dealers, with limited criminal histories, a chance to remove themselves from illegal drug activity . . . Project Turn Around is an intensive 12-month program that will provide these young men with drug counseling, G.E.D. classes, job training, family counseling, enrichment courses, life skills training and other social services. . . Fourteen young men, between the ages of 17-25 years old, were officially entered into the program on May 22 with an additional six more program participants enrolling within that same week.

To say that they did not change the landscape of Fulton County is apparently an understatement, according to this comment by a community member who volunteered to mentor the youths assigned to Project Turn Around.  In fact, the post by this person, who goes by “Nich,” challenges pretty much everything the D.A. said about the Project.  The comment appeared in an interesting Atlanta Journal Constitution discussion about crime:

I joined a group called “Project Turnaround” as a council member. (volunteer PO, basically.) This was a program to help these participants/offenders get back on track monitored by the DA’s office. Most every offender was recommended by the council members to be exempted from the program/put back in jail, for repeat offenses. Nothing was done. My participant, for example, never went to the classes, continued to sell drugs and was shot in during a drug deal gone bad. Why was he not thrown out of the program and into jail? The DA’s office eventually just walked away from the program, but the kicker…NONE, NADA, 0% of the participants were put into jail. They basically were given “get out of jail free cards!” They are roaming the streets worse off today, because they don’t believe they will ever receive consequences. Sadly, all evidence supports that theory.

So the D.A. failed to prosecute — how many?  20 repeat offenders?  “Nich” also reports an extremely troubling exchange with another D.A.:

The courts are a very big problem, especially with regard to minors. A lot of the offenders are young. Evidently, there is a 12-step program (you get 12 strikes before you are out) that applies to all minors, per Zone 3 DA. So if a 16 year old boy walks into my home, slays my husband and robs us, is that strike 7?

The public deserves some answers from Paul Howard (not to mention Arrington):

  • How many of the 20 enrolled youths failed to complete Project Turn Around?
  • How many were then prosecuted for the crimes that brought them to your attention in the first place, as you pledged to do?  As is your job, for that matter?
  • How many of these youths were arrested for additional crimes while “enrolled” in Project Turn Around?
  • How many of those crimes have been prosecuted?
  • What were the actual arrest records for the 20 participants prior to their enrollment in Project Turn Around: what constitutes a “limited criminal history”?
  • Is it true that your office has a policy of giving minors multiple passes — 2 or 5 or 12 “get out of jail free” cards — before you actually bother to prosecute them?

And don’t forget these easily-overlooked questions:

  • Who got paid for this?  Where did the money come from?
  • Is this failed attempt at rehabilitation going to be evaluated and dutifully entered into the academic literature on the efficacy of alternative sentencing programs, or is the whole mess just going to be swept under the rug?

~~~

It isn’t just the Fulton County D.A. who stands accused of failing to bother to prosecute serious crimes: over at the blog Dekalb Officers, cops and others are weighing in about multiple failures to prosecute violent offenders in DeKalb County, too.  The pattern of complaints about Dekalb D.A. Gwen Keyes resembles the complaints about Paul Howard, and both are extremely troubling.  Here are just a few:

Thank Gwen for taking years to indict!! When you don’t even get an indictment within a year or two of the crime, what chance does the state have at trial?? Remember, it is the STATE who was to bring in all of the witnesses and evidence. Try finding reports, evidence, and witnesses years after a crime took place. The more time that passes, the easier it is to get a not guilty verdict. Why do you think defense attorneys in DeKalb rarely demand a speedy trial?? It only happens if their client is unable to make bond. If their client is out, they know every day that goes by is to the defense’s advantage. But our DA’s and Judges don’t care.  The dirtbag who dumped his baby son in the sewer committed an armed robbery and kidnapping at a business over a year ago. He STILL hasn’t been indicted!! Defense attorneys like to say, “Indictments don’t mean anything. You can get an indictment against a sandwich.” Apparently, not with our DA’s office!! They can’t be bothered to bring violent criminals up for indictment within a reasonable amount of time!

And:

Most cases are pending for years. They usually get NOLLE PROSCESS.

And:

Take a look at the recent arrest in DeKalb County of a worthless coward who killed three people, including a three year old child. The perp has 5 different felony arrests in his past. Some have multiple felony charges. Guess how many indictments he has? ZERO!! Way to go Gwen!! Maybe if you indicted him on ONE or TWO cases, that three year old child might be alive today!

And this comment, which makes the important point that police officers’ lives are particularly endangered when offenders face no consequences in the courts:

Detectives have a good phrase for the D.A. Office and the Judges…..they plead guilty and guess what ……..TIME SERVE AND PROBATION. They get a second chance to steal again or rob you with a gun.

~~~

There are many reasons why programs like Project Turn Around fail. One of them, surely, is the confidence offenders must feel in knowing that they won’t face real consequences if they don’t bother to follow the rules.  Every young man who entered that program apparently failed to complete it.  Did anything get accomplished, other than reinforcing the participants’ sense of invulnerability?

In the current courtroom culture, any program like Project Turn Around is just one more free ride.

But this particular initiative is even more troubling.  It appears to have encouraged offenders to view themselves as victims of the justice system:

During the unveiling of the program, Judge Arrington told the young men, “I want to make sure before I send somebody to jail for an extended period of time that I’ve done everything I can do to make them a better person.” In addition to hearing from the judge, the young men were addressed by the Honorable Andrew Young, former Atlanta mayor and U.S. ambassador to the United Nations, and civil rights activist Rev. Al Sharpton.

First of all, it’s not Arrington’s job to “make people into better people.”  That’s a nice sentiment, one we can all agree with, but Marvin Arrington’s job is to enforce the law.

Second, what, precisely, was Al Sharpton doing there?  He has committed anti-Semitic and unapologetically racist acts, and his followers, encouraged by his rhetoric, have burned down businesses, threatened witnesses, rioted, and committed murders.  He is anti-cop, and his appearance at the side of Fulton County’s District Attorney sends a disturbing message to every police officer on Atlanta’s streets.

What’s the matter with Howard, in his position, agreeing to associate with the likes of Sharpton?

More mundanely, Al Sharpton has repeatedly demonstrated contempt for the justice system in cases filed against him.  After being found guilty of slander and defamatory statements in his false accusations of rape against a Dutchess County prosecutor, Sharpton disgracefully refused to pay the damages the court ordered him to pay.  The Federal Elections Commission found that he broke election finance laws — apparently with few consequences for him.

Most recently, he shockingly advocated for the release of four men who raped, sodomized and beat a Haitian immigrant in Miami, forced the woman to perform sex acts on her 12-year old son, and then doused them both with household cleansers and tried to set them on fire.

He went from that performance to Marvin Arrington’s courtroom a few months later, ostensibly to encourage young offenders to become better people.  What message did that appearance really send?  Something like this:

Don’t worry about following the law, because if you don’t, nothing will happen to you.  Look at me: I have no respect for the law and I’m rich and famous and on TV.  I hang out with your judge and your prosecutor, who admire me, even though I side with violent rapists and murderers and against the innocent people they torment.  You are the victims of an unjust system and deserve to be set free.

Is it any wonder that the young defendants did not bother to take Project Turn Around seriously?  No courtroom program featuring Al Sharpton should be taken seriously.  Of course everyone wants young offenders to be rehabilitated.  But the public deserves safety, and this is just craziness.

Marvin Arrington and Paul Howard are up for re-election in 2010.

The Real Perception Problem is the Perception of the Courts

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The comments thread in response to this article in the Atlanta Journal Constitution contain a lot more insight than the article itself, which morphed from the purported subject of policing into another attack on the public for caring about crime.*  No surprise there.  While the criminologists try to minimize crime using formulas measuring relative cultural pathology and other number dances, the public hones in on the courts:

It is time that we stop protecting the young criminals – Start publishing names, parents names and city – Might just be that some parents will be so embarrassed that they will take control of these young people – Start publishing names of judges that continually grant bail bonds or m notes for “REPEAT” offenders. — “D.L.”

[T]he court systems are a huge part of the problem…. i am shocked how many repeat offenders of street crimes are released on a “signature bond” …basically they sign their name and promise to come back to court and walk out….below is the legal definition.  “A signature bond, or recognizance bond, is a promissory that is signed by the individual who was arrested in order to be released on bond. Though no monetary transaction takes place when the promissory is signed, a signature bond contends that the arrested individual will pay an agreed upon amount if he fails to appear in court on the given date and time.”” — “Too Many Signature Bonds”

There’s one important part of the equation left out – the court system. Many of these offenders have arrest histories of multiple felonies but are still out on the street. The police can lock people up, but they can’t keep them in jail…how about an expose on the criminal history of these high profile offenders and why they are out on the streets? I’d really be interested in seeing that article. it seems the heat always comes down on the police, but not the courts who let offenders out while they have two or three armed robbery charges. — “Georgia Dawwg”

One major problem is that the Fulton County Courts dead docket over half of the cases that they could prosecute. Also, the judges are too lenient on young offenders. This is destroying our city. — “S.M.”

Most seem to be saying the same thing: the police can only do so much, then the judges and the prosecutors let offenders go free.

Why, for example, has there been no follow-up on the 43 murder defendants walking the streets?

When people start picketing the D.A.’s office and the Fulton County Superior Court to demand full public disclosure of case dispositions and sentencing so they can make informed decisions about electing judges, things will change.

But meanwhile, we’re utterly in the dark, and while the Atlanta Journal Constitution is beginning to respond with more reporting on these issues, for a very long time the newsroom status quo was a sort of mushy empathy for offenders and reflexive anti-incarceration biases, with some color coverage of victims from time to time — while the justice system went quietly to hell.

There’s no other way to put it.  Many scores of people in Atlanta say the same thing — this offender or that offender isn’t being put away — and the newspaper essentially ignores them.  Judges react with petulant anger when challenged.  Academicians cook up wild excuses for criminality.  Journalists point fingers at the public.

The new mantra is “re-entry” and claims that we “don’t do enough to rehabilitate youths.”  Same as the old mantra — we’re “not doing enough for the kids.”  “We’re denying them job opportunities / education / empathy.”

People who say these things are willfully blind to the fact that billions have been spent and will continue to be spent on all sorts of rehabilitation.  The fact that these efforts fail doesn’t mean we aren’t paying for them.  It isn’t lack of effort: it’s the extreme degree to which the underclass is mired in dysfunction — and the ugly fact that many in the establishment are endlessly willing to deny and excuse that behavior, right up until somebody gets killed (and even after that).

Spend some time with a 14-year old kid whose dad and mom doesn’t parent him, whose head is filled with violent and sexualized videos and rap songs and shockingly little else, who goes to school in Atlanta and gets told that he is a victim of the system instead of actually being taught anything useful.  Then try to change that child’s mindset when there are so many forces working to sustain it: the victim culture and some very questionable “educating” in the public schools, the parents who still aren’t parenting, the pop culture violence: it’s too late for that kid if he stays in that environment.  It really is too late, and I don’t say that because I would give up on him; I’m just trying to inject some reality.

The people who go on endlessly about needing to give juveniles more chances are the people who have never gotten involved at all, who blame the police and society but do little other than complain.  People who actually make the commitment to help learn three things very quickly:

  • there are already scores of intervention and rehabilitation and jobs and education programs
  • the programs don’t tackle the real problems, not because we “don’t care enough” but because they wrong-headed
  • kids in the justice system get a “second chance” already: they get serial second chances, no matter what they have done and even as their crimes escalate

I found the following comment especially interesting: “Nich,” whoever she is, from Grant Park, took the time to get involved in a rehabilitation program.  Her experience reflects my own:

The courts are a very big problem, especially with regard to minors. A lot of the offenders are young. Evidently, there is a 12-step program (you get 12 strikes before you are out) that applies to all minors, per Zone 3 DA. So if a 16 year old boy walks into my home, slays my husband and robs us, is that strike 7? Also, I joined a group called “Project Turnaround” as a council member. (volunteer PO, basically.) This was a program to help these participants/offenders get back on track monitored by the DA’s office. Most every offender was recommended by the council members to be exempted from the program/put back in jail, for repeat offenses. Nothing was done. My participant, for example, never went to the classes, continued to sell drugs and was shot in during a drug deal gone bad. Why was he not thrown out of the program and into jail? The DA’s office eventually just walked away from the program, but the kicker…NONE, NADA, 0% of the participants were put into jail. They basically were given “get out of jail free cards!” They are roaming the streets worse off today, because they don’t believe they will ever receive consequences. Sadly, all evidence supports that theory. — Nich

“Most every offender was recommended by the council members to be exempted from the program/put back in jail, for repeat offenses. Nothing was done.”

This person has a story to tell — a shocking, disturbing story about scores of recidivist offenders — given rehabilitation, given help — let out of jail over and over and over by irresponsible judges and prosecutors despite victimizing more people (and ending up, seemingly inevitably, shot).  Why is the AJC retreading the offensive and inane “perception of crime” theme when there are real stories to be reported?  When you can learn more from the comments threads than the article itself, well, maybe the death of journalism isn’t going to hurt all that much.

*Thomas D. Boston’s research on public housing patterns and crime rates, also discussed in the original article, is a different subject.


This Week, I am in Sunday Paper

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See my article on leniency in Atlanta’s courts here.

Murder by Anti-Incerceration Activism

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From a City Journal article by Heather Mac Donald.  How the murder of 17-year old Lily Burk could have been prevented:

The recent arrest of a vicious murderer in Los Angeles vindicates—tragically, only after-the-fact—several policing and sentencing policies that anti-law-enforcement advocates have fought for years. . .

On July 24 at around 3 pm., 17-year-old Lily Burk was walking down a midtown Los Angeles street on an errand for her mother. A 50-year-old homeless parolee with a three-decade-long rap sheet confronted the high school senior as she approached her Volvo. . .

At 4.52 pm, Samuel pulled the Volvo into a Skid Row parking lot at Alameda and 5th Street and abandoned it. Burk had already been murdered, her head beaten and throat slashed open with a broken bottle; her body was left in her car. . .

Samuel then walked nearly a mile through Skid Row, drinking beer from a paper bag in violation of L.A.’s open container law. Two LAPD officers on horseback stopped him for the public-drinking offense and questioned him. He told them that he was on parole and agreed to be searched, according to the police. They found a crack pipe in his pocket and arrested him. The post-arrest search of Samuel turned up a Volvo key and a cell phone. The next morning, a worker from a Skid Row business discovered Burk’s car with her body in it. Samuel’s prints were in the car; his clothes had blood on them.

Samuel’s apprehension shows the enormous power of broken-windows policing, which the American Civil Liberties Union has fought against on L.A.’s Skid Row and throughout the country.. . . When officers question people in high-crime areas for misdemeanor offenses, they regularly find warrant absconders and parole violators. In 1996, a New York police officer nabbed a young man jumping a subway turnstile, a crime that a decade earlier had been regarded as simply an inevitable response to poverty and too trivial for the police to worry about. The turnstile-jumper, John Royster, turned out to be wanted for an ongoing campaign of terror against women in New York that included murder, rape, and a nearly lethal beating; had he not been picked up for the subway offense, he undoubtedly would have gone on to assault more women.

Of course, the effectiveness of broken-windows policing in capturing Charles Samuel is only half of the story.  The other half is the story of how anti-incarceration activists, and their allies in the judiciary, kept Samuel out of prison in the first place, despite his brutal, violent, recidivist record of crime:

California’s “three strikes and you’re out” law is the most reviled sentencing policy in the country—reviled, that is, by the anti-incarceration lobby. It allows prosecutors to seek a sentence of 25 years to life against an offender who has already served time for two violent or serious felonies when he is convicted of a third felony.

Anti-law-enforcement advocates fancifully charge that the law’s main effect is to send away hapless sad sacks whose only misstep was to succumb to the urge for a pizza when they didn’t have enough change in their pockets to buy a slice. These advocates regularly lobby Sacramento to loosen or repeal the law.

Mac Donald is right: the only time the media writes about three-strikes, it is to push a questionable sob story.  There is no discussion of these laws when they are used to finally get a violent recidivist off the streets.  The media will bang the drums when some offender with a long rap sheet finally kills someone.  But then they go back to playing amnesiac and reflexively opposing the laws that could have prevented the crime in the first place.

In Atlanta, for example, it appears that everybody has forgotten about the various sentencing and judgment errors that ended in Eugenia Calle’s murder.  Apparently, there will be no professional consequences for the judge and prosecutor who let Shamal Thompson walk as a “first offender” (for the third time), rather than enforcing Georgia’s minimum mandatory law, as they were required to do by law.  Are we all just going to collectively forget what happened, until the next time the next recidivist captures our attention by killing someone?  No consequences for offenders and no consequences for the prosecutors and judges who fail to do their jobs and put them away: a perfect circle.  No wonder judges so frequently identify with offenders, and not with the rest of us.

Heather Mac Donald:

Samuel was a good candidate for a third-strike sentence, thanks to an earlier attack that foreshadowed Burk’s murder. In 1986, he walked up to an elderly man sitting on his porch in San Bernardino (in the so-called Inland Empire east of Los Angeles), grabbed the man’s cane and beat him with it, then forced him inside his home and demanded money. When the old man could only come up with ten dollars, Samuel commandeered the man’s car and drove the owner to an ATM. The terrified senior citizen was unable to withdraw any money, however, whereupon Samuel struck him with his cane again, punched him in the stomach, and threatened to kill him if he called the police, according to the Los Angeles Times.  Samuel pled guilty in 1987 to robbery, residential burglary, and car theft and was sentenced to six years. He became eligible for a three-strikes sentence in 1997, following a conviction for another San Bernardino burglary (the 1986 robbery and burglary charges counted as his first two felonies). But his rap sheet failed to note that the 1986 burglary was a residential burglary, as opposed to a non-residential break-in. Only residential burglaries count as “serious” felonies for three-strikes purposes; breaking into a store, office building, or commercial space is regarded as “non-serious” and can be repeated indefinitely without triggering a three-strike step-up in sentencing. (So much for the idea that the three-strikes law is blindly draconian; in fact, it makes careful—perhaps overly careful—distinctions between felonies.)

To make a long story short (I am quoting too much already: read the article, it’s good), Samuel managed to avoid three-strikes in 1997 because somebody did not accurately record his prior record, and no prosecutor caught the error (sound familiar?), and he avoided three-strikes again in 2006 because another prosecutor, bowing to anti-incarceration activism, did not request the sentence (sound familiar?).  Over the years, he got other breaks as well and was most recently sentenced to a “community drug treatment program” despite the routine insistence that violent offenders are not permitted to take advantage of such options.   Now a 17-year old girl is dead, brutally murdered.  How many other people did he get away with killing?

Much misinformation about three-strikes laws circulates in the media:

  • When activists say three-strikes laws offer no room for the get-out-of-jail card that is judicial (in)discretion, don’t believe them.  Even California, with by far the strictest three-strikes law in the country, still allows judges and prosecutors discretion to release violent, repeat offenders to the streets.  Georgia’s law is utterly toothless, with judicial discretion over-ruling virtually any consequences for crime by allowing judges to suspend all time to be served at the times of sentencing.
  • When district attorneys tell you they don’t need addition resources, they are playing politics with your safety.  Nobody seriously believes that any district attorney’s office has the resources to actually enforce the law.  The law has not really been enforced in this country for decades.  Every district attorney’s office is so short-staffed, in comparison to the real quantity of crime, that virtually every offense gets brief consideration by some harried prosecutor and then a generous plea deal.  Criminals know this and act accordingly.  Until that changes, no district attorney should go around claiming that he doesn’t need resources.  Paul Howard.
  • It is 2009.  Even I have learned to use computers, and I am a recalcitrant luddite.  The average computer tech could design a system during his lunch break that would record and database all prosecution, sentencing and incarceration outcomes.  By suppertime, the data could be available to the public on the internet.

However, if people really knew what was happening in the criminal courts, a lot of heads would roll.  Judges and prosecutors would find themselves answering for the leniency so ingrained at every level of the system that it seems natural — so long as you don’t look too hard, and it is not your daughter they are burying this week.