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: New York Supreme Court Criminal Term Library

By David Badertscher, PLL

Source: Crime & Justice News

December 12, 2008

--Prison, Probation, Parole Numbers Up, Account For 1 In 31 Adults

--NC Governor-Elect Perdue Vows To Fix Probation System

--Murder Charges Against AZ Boy, 8, Raise Issues Of Youth Intent

--WA Board Urges Release For "Three-Strikes" Convict

--Senate GOP Leaders Seek To Delay Holder Confirmation

--Boston Police Boost Patrols To Stop "Desperate" Shoplifters

--Canadian Police Suspend Use Of Old Tasers After Critical Study

--Chicago Protesters Object To Arming Cops With M4 Carbines

--Experts Say Wiretap Evidence Vs. Blagojevich May Be Definitive

--Feds Plan DNA Sample Expansion To Noncitizens, All U.S. Arrestees

--How Nonviolent Indiana Inmates Do Public-Service Jobs

--Cleveland Jail Makes Some Inmates Wait 2 Weeks For Medication

Prison, Probation, Parole Numbers Up, Account For 1 In 31 Adults

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The nation's probation and parole population

increased by 2.1 percent last year, and the prison

population was up 1.5 percent, says the U.S. Bureau

of Justice Statistics. Overall, more than 7.3 million

people were under correctional sueprvision, 1 in every

31 adults. The prison numbers, which total about 1.6

million, parallelled a report issued earlier this year by

the Pew Center for the States. The federal prison

population increased by 6,572 prisoners. States with

the greatest increases were Florida, Kentucky, and

Arizona. BJS said that "prison populations are

increasing at the same rate as capacity." The growth

rate slowed by .2 percent.

Parole population was up more than probation

population, 3.2 percent compared with 1.8 percent.

Adam Gelb Of the Pew Center said "this report is yet

another reminder to states of the size of the prison

problem. Especially in tough economic times, they

have to ask whether spending nearly $50 billion a year

to keep one in 100 adults behind bars is giving us our

money's worth in terms of public safety."

U.S. Bureau of Justice Statistics - http://rs6.net/tn.jsp?e=0011vVa4dUslDx02mxjZsOWhrwdObstqciu2u2kV8L_lEKkj9G9S6c8AhX6b_0QWv49E5U-C3wbdW4hlBP2WV5TT0xO4p9BM7UzK-RFcQIJGQedkrZOpOdRM3S0dRUgH_VNMQQ3uj5PUJxQVRF5pOU9FQ==

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NC Governor-Elect Perdue Vows To Fix Probation System

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

North Carolina Senate president pro tem Marc

Basnight says the state's probation system has "failed

all of North Carolina," reports the Raleigh News &

Observer. Basnight and other state leaders said

yesterday that the troubled probation system should

be a top priority in the legislature and in the

administration of Gov.-elect Beverly Perdue. The

officials were responding to a series of articles in The

News & Observer this week detailing the

shortcomings: offenders ignored, arrest warrants

unfiled, and job vacancies that lead to high caseloads

for officers.

"The whole system is in need of repair," Perdue

said. "It puts life at risk. There is a disconnect that has

to be fixed, and I'm going to fix it." Perdue said she is

concerned about probation officers swamped by huge

caseloads. "We need to have enough staffing to allow

good old-fashioned probation work," she said. "Hard-

nosed probation work, like drug testing, urinalysis, did

you go to work today, I'll put your body in jail if you

misbehave." The News & Observer reported that the

probation system had lost track of nearly 14,000

criminals it is supposed to guide toward more

productive lives. Since the start of 2000, 580 people

have killed while under the watch of probation officers -

- 17 percent of convictions for intentional killings.

Raleigh News & Observer - http://rs6.net/tn.jsp?e=0011vVa4dUslDy1HJuHMDcDxdY7-MgkYOKaOEJwoPBa54sqkNe0Z5vl4nfTmIUEHa6mcwdQEt7NoQTt3In14mBHfattfsMha6xzY96kOoC1WeHNROzC2wUj0R_CFScXKu9AcOHMn_6UlgjKXJjyeALXCse49II5Jups

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Murder Charges Against AZ Boy, 8, Raise Issues Of Youth Intent

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Charges against an eight-year-old Arizona boy for

murdering his father and the father's roommate

illustrate a persistent quandary of the criminal justice

system, says the Wall Street Journal. Some question

whether they should face charges in the juvenile

system itself, meant for older children. "When we

made so-called murder policy, nobody had an eight-

year-old in mind," says Franklin Zimring, a professor

at the University of California at Berkeley School of

Law. A peak in juvenile crime in the early 1990s,

followed by a wave of school shootings, helped drive

support for lowering the permissble ages for trying

youths as adults.

Only 16 states define an age at which a child is

capable of forming criminal intent, according to 2007

figures from the National Center for Juvenile Justice.

In North Carolina, the minimum age is six. Most of the

other 34 states leave it up to prosecutors. Some

experts believe that because some laws are soft on

children, drug dealers and gang members may be

encouraged to recruit more "shorties," or youngsters

who commit crimes on their behalf, says Linda

Szymanski of the National Center for Juvenile Justice.

Behavioral research raises questions as to whether

children in their early-to-mid-teens can even form

criminal intent, a key component of a murder charge.

The justice system too often focuses on whether

children know right from wrong, rather than whether

they can control their behavior, says Laurence

Steinberg, professor of psychology at Temple

University and co-author of "Reinventing Juvenile

Justice."

Wall Street Journal - http://rs6.net/tn.jsp?e=0011vVa4dUslDwW4kXdUNmw6Z25yv4GZPT_bgarh0PRV_pKfUfz47iP2mDFjgtdwjJ9RC-v8Xh4tRL0jAc63XDhlGJMXmkqaXtbd-DC8ds6s7G1VEB5snfhQu4PD09vSaGWeqwCwOgIVXnSLh_J3TOuFzC2Qfq1bpj77zKbBmlv5dQ8c98k_DfTs9JPrliQ28KS

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

WA Board Urges Release For "Three-Strikes" Convict

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

If Stevan Dozier becomes Washington state's first

three-strikes felon to be released from his life

sentence, he likely will become the state's most

closely watched ex-con. The ominous warning from

Margaret Smith, chairwoman of the state Clemency

and Pardons Board, came as the board voted 4-0 to

recommend clemency for Dozier, who has been in

prison since 1994 after becoming one of the state's

first three-strikes felons to be sentenced to life without

parole, reports the Seattle Times. The

recommendation goes to Gov. Christine Gregoire.

Dozier spoke over the phone from prison, apologizing

for his crimes and explaining his future plans. "I feel I

am no longer a threat to society," he said. He

explained that the man he was in 1994 "is dead"

and "buried in the past." Dozier was convicted of

second-degree robbery in 1994. It was his third felony

offense and automatically brought a life sentence

under the state's then-new three strikes law. Dozier,

46, told the board that when he was sentenced to life

in prison he decided to improve himself - enrolling in

drug and alcohol treatment, getting a minimum-wage

job and attending religious services. He soon began

mentoring younger prisoners, something he

continues to do.

Seattle Times - http://rs6.net/tn.jsp?e=0011vVa4dUslDxjuvHirrA8j9ZAvq35HwgpOTCzrW1SZT_ziRj8FMrOqoTMkaOmYnw15zwZdn3rn4hYT_wzW1FBw6hPrchMdMCbRtQZmpXkfm1q70R4MIKAtF6CxzJVnvMq7M144_PcJvsoaFDUEqSP4IinRl4AxuoQ83Kj2kseb_FDO94Hco6kzS-A5k1HjpOQ

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Senate GOP Leaders Seek To Delay Holder Confirmation

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Senate Republican leaders are asking Judiciary

Committee Chairman Patrick Leahy (D-VT) to slow

down Attorney General-nominee Eric Holder's

confirmation process, reports Politico.com. They got a

boost from Democratic Senator Sheldon Whitehouse,

who, as a former U.S. Attorney and Rhode Island

attorney general, commands respect on legal matters.

Leahy has proposed hearings as early as Jan. 8 with

the goal of confirming Holder on Inauguration day or

soon thereafter.

Leahy said that he wanted Holder confirmed with such

speed so that he could walk into the Department of

Justice after Barack Obama is sworn in and

announce, "Okay, justice is back." Senate

Republicans there is still much to be known about

Holder's record at the Department of Justice. They say

the committee has more than 100 boxes of

documents related to Holder stemming from pardon

hearings in 2001. Then-Chairman Arlen Specter (R-

PA) held hearings on President Clinton's last-minute

pardons, some of which - such as the one for fugitive

financier Marc Rich -- Holder signed off on.

Politico.com - http://rs6.net/tn.jsp?e=0011vVa4dUslDxrjMqFwfMK0E4ATAMnTuUHl9vWu_xyk_tDaWjGkNwWwjVhY1K9Q8sVWg8cI0k7OcJb7v96cscxtbuUZPmBOkxSjTBw5ZyzSCH8NUHl0NBZeeEogimrHwwfr3FVA13FNwQJ5SpoI1wTnz2827lOSf-UUNU1FFD47YfE6OJh2SWufw==

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Boston Police Boost Patrols To Stop "Desperate" Shoplifters

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Boston police are cracking down on increasingly

desperate Yuletide shoplifters, deploying brand new

recruits to retail meccas and putting cops in direct cell

phone contact with the merchants most threatened by

grab-and-go looters, reports the Boston

Herald. "People are getting desperate," Dan Caldas of

True Religion jeans told cops yesterday, hours after

someone cleaned out an entire shelf of high-end

denim. "People have come in twice recently and just

left with a pile."

Boston shoplifting has climbed steadily in recent

years, from 1,684 reported thefts in 2005 to 1,812 in

2007. The Retailers Association of Massachusetts is

crafting a proposal to stiffen penalties for organized

shoplifting rings. "Some people don't have the ability

to pay and figure they'll take something for free," said

police Superintendent Daniel Linskey. "A lot of it is

people who are drug-addicted and trying to turn

(merchandise) over quickly for cash." Linskey has

deployed 37 newly graduated police recruits to

the "holiday beat," where they'll spend the rest of the

year keeping a close watch on the high volume of

shoppers.

Boston Herald - http://rs6.net/tn.jsp?e=0011vVa4dUslDy63Fi-7SQ4EH-f9o-8gQ2T4RVMNgmpgNr6Ef7RU7TdocN4AugZgzNPZJJdadz8mm34_QQRv2qw6aAeI94eUk172c13Vgay4Ra5_rr4xFymBr71kjkB_EKRC-MAjsRUPtsdS0xQBUmnfu89ptqTH6YCgEpoE1tjTkQT9L_s93jl7Dt-gzvBXYHFxPNhffmEwWPgxEcl6T1ZnJqHtxN98Qn5_MtsOeB5F5rmI0htZR1bAyGNSl-RCXeHHabOrOgjIZTH4Bb43xSV4Q==

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Canadian Police Suspend Use Of Old Tasers After Critical Study

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Police departments across Canada, including the

Royal Canadian Mounted Police, are pulling older

Taser stun guns off the streets after a study that found

the weapons can deliver more power than the

manufacturer says is possible, reports the Arizona

Republic. Police departments in the U.S. appear to

have taken no similar action. Taser International

responded to the study, commissioned by the

Canadian Broadcasting Corp., contending that the

research is flawed.

"It is unfortunate that false allegations based on

scientifically flawed data can create such uncertainty,"

said Steve Tuttle, a Taser vice president. Taser's

assertions about specific data flaws contradict

company documents and a letter from one of its top

scientists. The study found that four of 44 stun guns of

the X26 model used most by police departments fired

jolts that were 47 percent to 58 percent higher than the

manufacturer's specifications. An accompanying

medical analysis concluded that the higher jolts pose

as much as a 50 percent risk of inducing cardiac

arrest in some people and that stun guns firing at

expected electrical levels pose some risk. Taser

maintains that shocks from its stun guns can't kill.

Arizona Republic - http://rs6.net/tn.jsp?e=0011vVa4dUslDxwO2vF2u5S3FMCj8NGXTLOmjqQTUVSR11c1qkx-CNyQ3IBRbaNUozGWSGIRXl5nb2Psek3yZplONTW7DL-iRqvFOCKXqS248n2lIBdz0vQs_sC-OpogHaWmDzHWTlbF_x_tFW71jnfFL9ye42UKAd7GxoffEADudZDhIGrdF-o9qkwuVvTd_08

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Chicago Protesters Object To Arming Cops With M4 Carbines

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

A parade of 150 protesters, many of them Chicago

teens, attended a public meeting at Chicago Police

headquarters last night to voice their displeasure with

the police department's increased firepower, reports

the Chicago Sun-Times. The group, whose members

are part of the Live in Peace Campaign, cited the M4

carbines that police brass said earlier this year would

be given to officers to match the powerful weapons

now in the hands of criminals.

In April, officials announced that the police force's

13,500 officers would be armed with the M4s. Chicago

Police SWAT teams are already equipped with M4

carbines, but officials say pistol-carrying rank-and-file

officers are out-gunned. Used by the U.S. Marine

Corps, the M4 is an assault rifle that fires more shots

in less time than a conventional handgun. Many

students grumbled when they learned Police

Superintendent. Jody Weis was not at the meeting.

Chicago Sun-Times - http://rs6.net/tn.jsp?e=0011vVa4dUslDxFaKF8SPeCHPlxJwKTN8Km587_8ArBMQn9RvdK90V_NGrfw9PwMpIjSlsb9iQ0NBn0Uhk3NxzB0i-oBHDcDYc0pcXx_UvL4H85ksJQGB8HHpOva_IuWeC80SiCbWACsJvDpEgS0b3bDA-s0XawJbZx1ez0rKAT78Y=

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Experts Say Wiretap Evidence Vs. Blagojevich May Be Definitive

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Cleveland's Cuyahoga County Jail has no policy for

determining which inmates get their prescription

medications shortly after arriving and which inmates

must wait up to two weeks before they get their drugs,

reports the Cleveland Plain Dealer. Inmate Sean

Levert died March 30, six days after entering the jail.

He surrendered 37 Xanax pills but was never given a

new prescription. A coroner's report determined Xanax

withdrawal contributed to his death.

Cuyahoga County's practice is in sharp contrast to the

largest county jail system in the state. At the Franklin

County jail, which includes Columbus, inmates who

arrive with prescription psychiatric medications, for

instance, must surrender them but are given a

replacement bottle by the jail pharmacy right away.

Jails should make their own evaluations of

prescription medicines, said Robert Greifinger, former

chief medical officer for the New York Department of

Corrections, but precautions should be taken with

inmates who are not immediately given their medicine.

USA Today - http://rs6.net/tn.jsp?e=0011vVa4dUslDycxkGbujhwYqjnzXOFkP6uRJBjvEq-w3fqSA3kmdxA_zFYJuOuDjYbVqTlf_MLOJPzqGs2UNm1fIzSuOAkhM4wC4GUtg9hm3lAfT5sRSP3_fXcbszYDxNpV4tFiOxKT6zsOOpXmb9V58whYFTR0eX4Kpq0Uvt2UVI=

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Feds Plan DNA Sample Expansion To Noncitizens, All U.S. Arrestees

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Immigration and civil liberties groups criticized a new

U.S. government policy to collect DNA samples from

all noncitizens detained by authorities and all people

arrested for federal crimes, reports the Washington

Post. The new rule, published Wednesday and

effective Jan. 9, dramatically expands a federal law

enforcement database of genetic identifiers, which is

now limited to storing information about convicted

criminals and arrestees from 13 states. Congress

authorized the expansion in 2005, citing the power of

DNA as a tool in crime solving and prevention.

The FBI created its National DNA Index System in

1994 to store profiles of people convicted of serious

violent crimes; the system has been expanded, first to

include all convicted felons, then misdemeanants and

state arrestees. The data bank contained more than

6.2 million samples as of August, and officials

estimate that 61,000 cases have been solved or

assisted using DNA. The change could add as many

as 1.2 million people a year to the national database.

Charles Kuck, president of the American Immigration

Lawyers Association, said the rule "casts civilly

detained immigrants as criminals, requiring them to

submit to DNA testing even in cases where there is no

suggestion of any criminal violation." The Obama

administration also will have to decide whether to

make it a priority to expand the DNA database or

process a backlog of samples submitted by people

already convicted of crimes.

Washington Post - http://rs6.net/tn.jsp?e=0011vVa4dUslDzWe1wSjIwzk3wNLyEL0haS7VTguR9ecrm1oyT4_6Ujc35lxCsy50NUefLUN8AiGlBgRhAOy3VE_79-aEk7StSJNvX7RjCmEiTfreJZ0ATWPjzSqTQzJ_a4kk4Z9vDLOqPAhHdiCskAf7s5sCs2repaqkQRNcWTINLMhnr7qkChcECZuccsd_xMlppxSiYPEgTB_lIkzothcQ5Z6UOam8KkqceiYUlZnnA=

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How Nonviolent Indiana Inmates Do Public-Service Jobs

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

For 97 cents a day, inmate John Kemp picks up

garbage in Indiana. The Louisville Courier-Journal

says Kemp does not sleep behind bars, is not

confined by a fence, and will not face the barrel of a

guard's gun or a stint in solitary. He lives in a bricked

state prison that looks more like a big-box store,

except in a nice neighborhood. The facility overlooks a

lake in a state forest. As prisoner Greg Falconberry put

it, "It's as close to the real world as you can get, and

still be incarcerated."

Those whose crimes were nonviolent may come to

the facility for relatively short stays before they are

released. Austin Mayor Doug Campbell hears

occasional grumbles about convicts being brought to

town. The mayor wouldn't do so, he says, if he felt it

was dangerous. "These are not hardened criminals,"

Campbell said, asking residents to appreciate the

hands provided freely, especially in these times of

tight budgets. "It's like having six employees who don't

cost us anything." Offenders pitched in on the

restoration of an old mill and have hammered and

sawed on a Habitat for Humanity project. They also

chopped up damage left by Hurricane Ike's vicious

winds in September.

Louisville Courier-Journal - http://rs6.net/tn.jsp?e=0011vVa4dUslDwMxioip8aOuURyjHfh9AgulVc6CJ26wZKoZn0xM3i_iEinKsRvc-Tf_RFcgx1krqd-9YwwSa3Om6VsdBPxS3yJvRMbNAl5sFoJhjlVdmcGW1tIXrdy_29pQM8-EKsHg-40R-oQ2656Gn9nzBA7Q-sQvCQ5W_1Pn2Ep3RDvNdW5Qw==

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Cleveland Jail Makes Some Inmates Wait 2 Weeks For Medication

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Cleveland's Cuyahoga County Jail has no policy for

determining which inmates get their prescription

medications shortly after arriving and which inmates

must wait up to two weeks before they get their drugs,

reports the Cleveland Plain Dealer. Inmate Sean

Levert died March 30, six days after entering the jail.

He surrendered 37 Xanax pills but was never given a

new prescription. A coroner's report determined Xanax

withdrawal contributed to his death.

Cuyahoga County's practice is in sharp contrast to the

largest county jail system in the state. At the Franklin

County jail, which includes Columbus, inmates who

arrive with prescription psychiatric medications, for

instance, must surrender them but are given a

replacement bottle by the jail pharmacy right away.

Jails should make their own evaluations of

prescription medicines, said Robert Greifinger, former

chief medical officer for the New York Department of

Corrections, but precautions should be taken with

inmates who are not immediately given their medicine.

 

Full post as published by New York Supreme Court Criminal Term Library on December 12, 2008 (boomark / email).