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Legal Research

: New York Supreme Court Criminal Term Library

Crime and Justice News (March 9, 2009)

By David Badertscher, PLL

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Source: Crime and Justice News (March 9, 2009)

-- Is Pennsylvania Spending Wisely On Prisons?
-- Quasi-Legal CA Pot Culture Could Lead To Taxing It
-- Atlanta An Emerging Hub For Mexican Drug Cartels
-- Mexican Drug Cartels Penetrate Houston
-- Criminologist To Study Rookie Cops
-- Costs A Big Issue In Capital Punishment Debate
-- Victim, Wrongful Convict Write Book On Witness Misidentification
-- Could CrimeDex Lead To Civil Liberties Violations?
-- MD Police Database With Orwellian Potential
-- CA 911 Dispatchers Cut Screening, Take Longer To Answer Calls
-- U.S. Capitol Police Suspended Two For Associating With Biker Group
-- Twittering Permitted From Federal Racketeering Trial

Is Pennsylvania Spending Wisely On Prisons?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The economic crisis has put a damper on most new construction, but there's one area in Pennsylvania where building is booming like it's 1999 -- prisons, says the Pittsburgh Post-Gazette. Pennsylvania correctional facilities are at 114 percent of capacity and several construction projects are in the works. Gov. Ed Rendell's proposed budget includes more than $1.8 billion for the Department of Corrections, a nearly 10 percent hike mostly for construction and staffing. A new report from the Pew Center on the States maintains that such spending is folly, especially under budget constraints. The report recommends that states devote more resources to the far-less-costly options of probation and parole. Rep. Tom Caltagirone, chair of the House Judiciary Committee, wants to take a hard look at mandatory minimum sentences that are helping fill the prisons, but it's difficult to gain support from legislators wary of being labeled as soft on crime. "We have all these stupid mandatories," he said. "It's a knee-jerk reaction: 'We're going to get all the bad guys off the street.' "

The average spending per inmate per day in Pennsylvania was $97.72 last year -- more than triple the cost from 25 years ago. The number of inmates in the state is expected to rise from 49,000 at the start of this year to nearly 58,000 by the end of 2013. The Rendell budget proposal for fiscal year 2009-2010 also increases funding for the Board of Probation and Parole, which plans to use the money to hire more field agents. The 8.3 percent increase brings the department's budget to $99.2 million, less than one- eighteenth of Department of Corrections spending.

Pittsburgh Post-Gazette

Quasi-Legal CA Pot Culture Could Lead To Taxing It
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
U.S. Attorney General Eric Holder's announcement that the federal government will no longer raid medical-marijuana dispensaries was cheered by California dealers as well as legislators who want to legalize and tax pot sales, reports the Wall Street Journal. Under the Bush administration, the Drug Enforcement Administration raided dispensaries across the U.S.; such seizures were common in California, which in 1996 became the first state to legalize marijuana sales to people with doctor's prescriptions -- in opposition to federal laws banning any use of the drug.

The attorney general signaled that states will be able to set their own medical-marijuana laws. "We may be seeing the end of an era," said Rob MacCoun, a law professor who studies drug policy at the University of California, Berkeley. "It's not likely to be a priority for the Obama administration." MacCoun said the administration's stance may help to legitimize a "quasi-legal" marijuana culture in California. The state has as many as 200,000 medical-marijuana users, the most of the 13 states that allow such use of the drug. Holder's announcement was praised by backers of a proposal to legalize sales of marijuana for recreational use in California. Democrat Tom Ammiano, an assemblyman from San Francisco, proposes regulating pot like alcohol, allowing its sales to people ages 21 and older. Ammiano has estimated that marijuana is a $14 billion crop in California. Taxing the drug $50 an ounce, it said, would generate more than $1 billion annually for a cash-strapped state that closed a $42 billion budget deficit last month.

Wall Street Journal

Atlanta An Emerging Hub For Mexican Drug Cartels
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Mexican drug cartels are invading Atlanta. USA Today says that of the 195 U.S. cities where Mexican drug- trafficking organizations are operating, federal law enforcement officials say Atlanta has emerged as the new gateway to the troubled Southwest border. Rival drug cartels, the violent groups warring in Mexico for control of routes to lucrative U.S. markets, have established Atlanta as the principal distribution center for the eastern U.S., says the Justice Department's National Drug Intelligence Center. In fiscal 2008, federal drug authorities seized more drug-related cash in Atlanta - about $70 million - than any other region.

This year, more than $30 million has been intercepted in the Alanta area - far more than the $19 million in Los Angeles and $18 million in Chicago. "The same folks who are rolling heads in the streets of Ciudad Juárez" - El Paso's Mexican neighbor - "are operating in Atlanta. Here, they are just better behaved," says Jack Killorin, who heads the Office of National Drug Control Policy's task force in Atlanta. The same regional features that appeal to legitimate corporate operations - access to transportation systems and proximity to major U.S. cities - have lured the cartels, Atlanta U.S. Attorney David Nahmias says.

USA Today

Mexican Drug Cartels Penetrate Houston
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The order was clear: Kill the guy in the Astros jersey. In a case of mistaken identity, Jose Perez ended up dead, says the Houston Chronicle. The intended target - the Houston-based head of a Mexican drug cartel cell pumping millions of dollars of cocaine into the city - walked away. Perez, 27, was a working guy, out getting dinner on a Friday with his wife and young children at a seafood restaurant. The assassination gone awry point to the perilous presence of Mexican organized crime and how cartel violence has seeped into the city. "It is here and it has been here, but people don't want to listen," Rick Moreno, a Houston police homicide investigator working with the Drug Enforcement Administration and FBI, said of the cartels' presence in Houston. "It is so far-reaching."

Arrests came in December when police and federal agents got a break as they charted the relationship and rivalries between at least five cartel cells operating in Houston. A rogue's gallery of about 100 names and mug shots taken at Texas jails and morgues offers a blueprint for Mexican organized crime. Houston has long been a major staging ground for importing illegal drugs from Mexico and shipping them to the rest of the U.S., but a Department of Justice report notes it is one of 230 cities where cartels maintain distribution networks and supply lines.

Houston Chronicle

Criminologist To Study Rookie Cops
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The life of a rookie police officer can be a tough one, says the Chicago Tribune. After training for months, the officers are sent out to face stresses, dangers, and a world unlike anything they've known before. If they're second-, third- or fourth-generation officers, they could have even more expectations to live up to. Dennis Rosenbaum, a criminology professor at the University of Illinois Chicago, wants to find out what exactly happens over the course of a career that makes an officer good at the job. He believes a variety of factors can be influences, from training to home life to bosses. He is hoping that a $2 million grant from the National Institute of Justice will help in figuring out how much each of those factors influence good policing, and how they can be emulated.

For three years, researchers will study police departments across the country, including Chicago, other major cities such as Boston and Los Angeles, and some suburban towns. It will take Rosenbaum and his researchers deep into the realm of police work through interviews, surveys and observations. Rosenbaum wants to find out from the men and women on the front lines what it's like to be a cop and what can be done to make their jobs better. In Chicago, Rosenbaum plans to look initially at rookie officers, focusing on everything from training to their backgrounds and lives in their assigned districts. In Los Angeles, he'll focus first on supervisors. Over time, he'll share his findings with the police departments that work with him, so they can get a better understanding of what works and what doesn't. "This is about officer safety and health and emotional well-being and work conditions," he said. The goal is to "understand for the first time what are the stresses they go through, what are the factors they deal with on the street and how we can improve those situations."

Chicago Tribune

Costs A Big Issue In Capital Punishment Debate
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The death penalty may be abandoned by several states for fiscal reasons, says the Associated Press. It is cheaper to imprison killers for life than to execute them, says a series of recent surveys. Tens of millions of dollars cheaper, during a recession when nearly every state faces job cuts and massive deficits. "It's 10 times more expensive to kill them than to keep them alive," though most Americans believe the opposite, said Donald McCartin, a former California judge known as "The Hanging Judge of Orange County" for sending nine men to death row. "Every one of my cases is bogged up in the appellate system," said McCartin, who retired in 1993 after 15 years on the bench. "It's a waste of time and money," said the 82-year-old, self-described right- wing Republican. "The only thing it does is prolong the agony of the victims' families."

In 2007, time and money were the reasons New Jersey became the first state to ban executions since the Supreme Court reinstated the death penalty in the mid-1970s. Out of 36 remaining states with the death penalty, at least eight have considered legislation this year to end it -- Maryland, Nebraska, Colorado, New Mexico, Montana, New Hampshire, Washington, and Kansas. Death penaltycases are more expensive for several reasons: They often require extra lawyers; experience requirements lead to long appellate waits while capable counsel is sought; security costs are higher, as well as costs for processing evidence.

Associated Press/Baltimore Sun

Victim, Wrongful Convict Write Book On Witness Misidentification
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CBS' "60 Minutes" used the story of a North Carolina man who spent 11 years in prison on a wrongful conviction for rape to show how eyewitness identifications can go awry. The case involved Ron Cotton, who was convicted largely on the strength of testimony by the victim, Jennifer Thompson. DNA evidence later showed that another man had committed the crime. CBS recounted how Thompson misidentified Cotton as her attacker when Burlington, N.C., police detective Mike Gauldin used the traditional police method of setting up lineups, with the lead investigator involved in the details of the procedure and potentially influencing her identification.

The story explained how "sequential lineups" now used in many places can help prevent misidentifications. Gauldin helped develop computer software to conduct photo lineups via a laptop, to help avoid having comments by police officers sway witnesses. Law professor Rich Rosen of the University of North Carolina says that in the vast majority of places, there's been no reform, and that needs to change. "This is something that police officers can and should be in favor of," he said. The real rapist in the North Carolina case committed more crimes when police "went after Ron Cotton," Rosen said "So Ron is not the only person who suffered from this mistake." The victim and the wrongfully accused assailant, Thompson and Cotton, have co-authored a book about the issue, Picking Cotton.

CBS "60 Minutes"

Could CrimeDex Lead To Civil Liberties Violations?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Law enforcement agencies are jumping on the social networking bandwagon, says the New York Times. A few companies are developing promising businesses, and supporters have named the trend Law Enforcement 2.0. This crime-fighting method promises great improvements over traditional ways of getting things done but it challenges privacy protections, like limitations on the information investigators can share about people they may suspect of committing crimes. Police are using the same Web tools as everyone else - like YouTube, Twitter, and MySpace. Now Web services are being developed specifically to allow public and private investigative agencies to share information, and these tools are increasingly popular within law enforcement.

One service, called CrimeDex, is billed by its creators as a "Facebook for law enforcement." Jim Hudson, a former officer, started the service in 2002 after growing frustrated with the wasted time investigators spent trying to determine whether other agencies were chasing the same suspects. CrimeDex, now owned by 3VR, a San Francisco company that makes an image recognition system for surveillance cameras, says it is used by more than 1,000 law enforcement agencies and private businesses like banks and retail chains. For a monthly fee, members can submit information, photographs and videos related to possible crimes and make comparisons with data from agencies that may be seeing similar patterns or suspects. Civil liberties advocates worry about possible abuses of CrimeDex. The police typically file subpoenas or make other formal requests to get companies to hand over evidence of a crime. There is no legal process, or oversight, for sharing information on CrimeDex. Privacy advocates believe that a bank or another company may wrongly put an innocent person's name or image onto the system, and that the person could suffer consequences elsewhere.

New York Times

MD Police Database With Orwellian Potential
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Nearly every law enforcement officer in Maryland has a new tool called "Dashboard" that draws data from at least two dozen separate sources and funnels the information onto a single computer screen, says the Baltimore Sun. New computer-generated maps show the location of all the protective orders filed by battered women that need to be served by police in Maryland, but they can isolate the ones for spouses with gun licenses. Maybe those are the ones that should be served first. Not only can they show the location of every bar, tavern, and liquor store in Baltimore, but they can zoom in on ones surrounded by homes of violent offenders. Maybe those are the bars beat cops should patrol more closely. Not only can they show unsolved homicides clumped in one part of the city, but whether any convicts out on probation for violent offenses live nearby.

Want to know how much money a convicted felon had in his prison bank account? It's there. Want to know if the man you think raped his neighbor has his DNA on file? It's there. Want to know if someone is on probation? Not only can you find out he is, but you'll find others in his neighborhood who are, the names of their probation agents, whether they have hunting or fishing licenses, lists of traffic tickets, whether they're registered sex offenders or owe back taxes. In just five weeks, cops across the state have conducted more than 10,000 searches of the database. The maps and data might lead to more patrols and tighter scrutiny, might even be combined with other intelligence to build a criminal case. In the end, police will be judged not only on the usefulness of the information but also on how they use it. It shouldn't be dismissed as Orwellian, but the cops need to understand its Orwellian potential, says Sun crime beat reporter Peter Hermann.

Baltimore Sun

CA 911 Dispatchers Cut Screening, Take Longer To Answer Calls
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
California Highway Patrol dispatchers took longer in January to answer 911 calls, with centers that handle nearly two-thirds of the state's cell phone traffic failing to meet minimum national standards for getting to a call within 10 seconds, reports the Sacramento Bee. Nearly 20 percent of the Sacramento dispatch center's calls went unanswered for more than 10 seconds. National standards say dispatchers should answer 90 percent of their calls within that time. Officials say the sudden drop-off in service is the result of eliminating a screening system at busier dispatch centers. More accidental 911 calls - made by people inadvertently hitting a pre-programmed button on their cell phones - are getting through, meaning dispatchers have more calls to answer.

Some experts fear that the situation will continue to deteriorate. The source of the added concern is Gov. Arnold Schwarzenegger's state employee furlough plan. It went into effect in February, calling for most state employees, including dispatchers, to take two days off without pay each month through June 2010. "If they're furloughing dispatchers, that's crazy," said Charles Cullen, outgoing president of the California chapter of the National Emergency Number Association and director of technical services for the Palo Alto Police Department. "You're lessening crucial services to the public. It doesn't make any sense at all, particularly in a system that is already overburdened."

Sacramento Bee

U.S. Capitol Police Suspended Two For Associating With Biker Group
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The U.S. Capitol Police suspended two officers on the eve of President Obama's inaguration for associating with bikers "whose racial views and capacity for violence were under scrutiny," the Washington Post reports. An offcial told the Post that the action was taken as soon as officials received a file from the FBI on the issue and was not precipitated by then- Homeland Security Secretary Chertoff. The Secret Service had told Chertoff about the officers; he reportedly was prepared to take the issue up with members of Congress overseeing inauguration preparations.

The officers had a long association with a southern Maryland motorcycle club, the Tribes, which the Post describes as a "rough-hewn band of bike enthusiasts founded more than 30 years ago by corrections officers and other law enforcement officials." In 2004, a former member pleaded guilty to gun and drug charges after an undercover investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Said one official: "We were well aware of what some of the accusations were -- some of which may have been repugnant, their associations with these guys -- but none of it was criminal or actionable from an administrative" perspective. Terry Katz, a longtime investigator of motorcycle gangs for the Maryland State Police, said, "the question would be whether you can be a biker by night and a cop by day."

Washington Post

Twittering Permitted From Federal Racketeering Trial
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In a victory for news technology in federal courts, a judge in Kansas is allowing a reporter to use the microblogging service Twitter to provide constant updates from a racketeering gang trial, the Associated Press reports. It's not the first time online streaming has been allowed in courtrooms, but the practice is rare in federal criminal cases. Lawyers voiced concern about the possibility that a juror might visit the online site to read the posts from Ron Sylvester of the Wichita Eagle, but U.S. District Judge J. Thomas Marten said jurors are always told to avoid newspaper, broadcast and online reports. "You either trust your jurors to live with the admonishment, or you don't," he said.

In other federal cases: A judge in Massachusetts granted a request in January for online streaming of a hearing in a recording industry lawsuit against a Boston University student accused of downloading music illegally. A judge in Sioux City, Ia., allowed a Cedar Rapids Gazette reporter to offer live blog updates in a January tax fraud trial from a laptop computer. The 2nd U.S. Circuit Court of Appeals in New York allowed live television coverage in December of arguments in the case of a Canadian engineer who wants to sue the U.S. for mistaking him for a terrorist and sending him to Syria. Bloggers covering the 2007 CIA leak trial of former Vice President Dick Cheney's chief of staff, I. Lewis "Scooter" Libby, were given the same credentials as traditional journalists.

Associated Press

Full post as published by New York Supreme Court Criminal Term Library on March 09, 2009 (boomark / email).

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