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Legal Research

: New York Supreme Court Criminal Term Library

Crime And Justice News

By David Badertscher, PLL

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Source: Crime & Justice News (January 23, 2009)

January 23, 2009

Today's Stories

--Report Suggests Ways To Cut MI Prison Population, Save Money

--Violence Down In Crime-Ravaged Compton, California

--Houston Murders Drop; Police To Tackle Domestic Violence Rise

--Coach Indictment In KY Football Heat Death Said To Be A First

--Likely Senator Gillibrand Assailed For Pro-Gun Stance

--Kaufman, Klobuchar, Wyden Join Senate Judiciary; Holder Vote Set

--Breuer To Head Justice's Criminal Division; Represents Clemens

--Baltimore Surveillance Cameras Useful But No Slam Dunk

--Forensic Psychologists Determine If Suspects Are Faking It

--Violence Against Women Act Advocate Hopes Biden Will Help

--Charges: NYC Jail Guards Ran Unit Like Organized Crime Family

--Intimate Partner Violence Study Available Online

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

Report Suggests Ways To Cut MI Prison Population, Save Money

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

Michigan law enforcement officials praised proposals for

cutting 5,000 prison inmates and saving a modest $262 million

by 2015, reports the Detroit News. The report, prepared by the

Council of State Governments Justice Center, falls far short of

the $500 million in annual savings on corrections spending

sought by the Detroit Regional Chamber of Commerce and

others. Gov. Jennifer Granholm's 2010 budget proposal is

expected to keep prison spending near $2 billion -- 57 percent

more than the cost a decade ago. The recommendations by

the state government council, which is working with Michigan

officials on a two- to three-year study, is a significant first step.

The biggest savings would be achieved by reducing the parole

board's authority to keep convicts behind bars long after they

have served their minimum sentences. It would aim to have

the average inmate serve 120 percent of his or her minimum

sentence, rather than the current 127 percent. The

recommendations could result in real savings in later years, by

helping drop the inmate population to around 43,500 by 2015

and reducing the crime rate, corrections officials say. The

project was supported by the Pew Charitable Trusts Center on

the States and the U.S. Department of Justice. The state's

share of the cost came to $100,000.

Detroit News - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klfcFmnT7G3b6mCcfOYaKBG2JCW3K86ejeFmbf9QFCm-yEPoTCYjq6xiJYXtosyvBh2wgbOBNm6_EcnkPO8iYgAL0zsS1px_X4jI9MdjSPVr7pGfPaLI93nyMnd42rQ-r5jffjUcu2tmsHrHhL0rbJmOyPCu5IBgCM4R3R8GfrePM3rRiT7IUeZxP9ALPFL4fNk=

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

Violence Down In Crime-Ravaged Compton, California

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

Compton, California, with just 100,000 people, has developed

an outsize but deserved reputation as a national epicenter of

gang violence. Today, says the Los Angeles Times, there are

65 gangs jammed into 10 square miles. It came as something

of a surprise when the Los Angeles County Sheriff's

Department, said the city's homicide total last year was 38, the

lowest number in at least 25 years and a 50 percent drop since

2005.

Gang-related aggravated assaults have fallen too, nearly 25

percent over four years -- "dramatic indicators," Sheriff Lee

Baca said, "that we are doing the right thing." Still, Compton,

while widely viewed as a success story, is one of the few L.A.-

area communities where crime is rising. Both the city and

county of Los Angeles saw declines in major crimes last year;

in Compton, such crimes rose by 13 percent in the same

period, primarily property offenses. In a sense, Compton is

trading blood in the streets for stolen lawn mowers. There is a

palpable sense that the streets are safer.

Los Angeles Times - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klcszVI3V1TYQDxQcjS5w0x2ph8_yDFqINmfzrAlSgPYYciFVsEL3AP0ezAsuO5GZCWAaB8Tr0Ps39RzvAF_8o1szH3MNJZtZRUzm-ZBHq7ogNM12XLg-gQExM37JQGa-T5wkvq6qlnkF1dJs_gA56tbODZ1CuAxnSdIz1EIGF1Mhr0b40YNwzf9

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

Houston Murders Drop; Police To Tackle Domestic Violence Rise

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

Violent crimes in Houston increased slightly in 2008 compared

with 2007, but property crimes dropped more than 10 percent,

the Houston Chronicle reports. Homicides dropped by 16

percent, but sexual assaults increased more than 8 percent.

Aggravated assaults showed the largest increase in the violent

crime category at 9.1 percent. Police officials said the increase

in violent crime - less than 1 percent - may be attributed to

the effects of Hurricane Ike as well as the faltering economy.

The increase in assault cases appears to be part of an uptick in

domestic violence incidents; of the 1,092 additional

aggravated assault cases in 2008, more than half were reports

of domestic violence. "In a lot of the (domestic violence) cases,

the victim will not assist in the prosecution and the prosecution

does not go forward," said Chief Harold Hurtt. Capt. Mark

Eisenman of the police crime analysis section could not

explain last year's spike in domestic violence cases. "We're

certainly going to attack that issue in the coming year," he said.

Houston Chronicle - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klezGI2h-4zDS4EjcT5mvfJ_jyvzr9Ax4g8yHsYboeI2aVhBHYbzhKFQy1A7R9yGmGBq7do4QWUZr05F-qxZ2AYu5ISbt6bFs-tRO1pIpcg-cvf7ob5lME2UtLy3OgApp8cRAO2DfBtL218zn5ZH3YVL3oH8hZQcNZk=

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

Coach Indictment In KY Football Heat Death Said To Be A First

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

Medical experts and sports officials say the indictment of

Pleasure Ridge Park, Ky., football coach David Jason Stinson

marks the first time a U.S. high school or college football coach

has been charged criminally in a player's death from heat

stroke, reports the Louisville Courier Journal. They say the

indictment will have a profound impact on coaches and

reinforce their responsibility to ensure that players get enough

water, shade and rest. "This is huge," said Doug Casa, director

of athletic training education at the University of Connecticut

and a national leader in the field of heat-stroke prevention.

Experts on heat stroke and exhaustion say heat deaths of

players are totally preventable, if coaches provide water and

shade and limit practices to cooler times of the day. Pleasure

Ridge Park player Max Gilpin was the third high school football

player to die last year in the U.S. from heat-related injuries,

and the 33rd high school, college or professional player since

1995. Several high school football coaches said they found the

indictment disturbing and say that it could scare away some

potential coaches. "You never think that anything you'd do or

that might happen could come to this," said Butler High

School coach Scott Carmon. "Now it's like we're forced to be

part weatherman, part doctors."

Louisville Courier-Journal - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klfyO4fEuDBO77xBdV_MoD04Y_H-ldA0aBEey3fiOKIhpeS42nTyOjGnvkxZMu-KOwDncdL-v1mNhruDWQj7bJRnqWw1x07klCYbESTCZUf79VQw5N1Ram9S8bJoI2HjxGhzHIen1Z_LjydN6SWxpbNDkFVBoAWp3w_zj2-31rmMEg==

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

Likely Senator Gillibrand Assailed For Pro-Gun Stance

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

Rep. Kirsten Gillibrand (D-NY), New York Gov. David Paterson's

apparent choice to replace Secretary of State Hillary Rodham

Clinton in the Senate, is being criticized for her views in favor

of gun rights, reports Politico.com. Rep. Carolyn McCarthy (D-

NY), whose husband was murdered by a crazed gunman 15

years ago on the Long Island Rail Road criticized

Gillibrand's "awful" record on gun control.

Gillibrand's pro-gun positions have aroused opposition in a

state where most Democrats, and many Republicans, favor

stringent gun control measures. She earned the NRA's top

rating last year and backed a repeal of Washington D.C.'s

handgun ban-even submitting an amicus brief to the

Supreme Court in support of pro-gun groups. Several anti-gun

groups, including New Yorkers Against Gun Violence, urged

Paterson to pick someone else.

Politico.com - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75kldlL53aHai2xH8pk6yJgftUifcY3X9Lz2V3tiMY6SpE9k6zRwnt38m3cbvkDAyV73eFHQ1xERkQb8htODvDABRpNAUybn3MELZADXHNqm8H-Uf3htudGzxHuqBkw0fU3seT2IoOtYNiT_kkW9DQ9oMn

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

Kaufman, Klobuchar, Wyden Join Senate Judiciary; Holder Vote Set

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

Sens. Ted Kaufman (D-DE), Amy Klobuchar (D-MN), and Ron

Wyden (D-OR) are joining the Judiciary Committee, reports

Legal Times. They are replacing Ted Kennedy (D-MA), Vice

President Joe Biden (D-DE), and Sam Brownback (R-KS).

Kennedy served on the committee for 46 years, longer than

any other senator in history. Kennedy was chairman from 1979

to 1981 and Biden from 1987 to 1995.

The size of the committee is staying the same, 19. The

Democrats' margin will increase from 10-9 to 11-8, giving them

breathing room on controversial issues. Kaufman, 69, is not a

lawyer but has an MBA from the Wharton school. Klobuchar,

48, is former prosecutor of Hennepin County (Minneapolis).

Wyden, 59, has been a teacher and worked with non-profit

groups. Committee Chairman Patrick Leahy (D-VT) said the

committee will vote next Wednesday on Eric Holder Jr.'s

nomination to be attorney general.

Legal Times - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klf24T32lVbfqv-L5B28CSfsHDKhL-w1YdHUBN4diTBGZfLqis0_pZ_jQftqzyJdp0ecAcRlPiq4-KXK7imt0Z7JCNAJxStxBWIgiYXRv8GTfPwmwr4gPFIrpKxFOAyk3yHnDm8bZ9nasFO124tZCch99ImWETMVWoZKGs-wv8hHo9-5gmMgofXashhGqCeXVXCtawF6yAYoIgkKAxHhv9J7

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

Breuer To Head Justice's Criminal Division; Represents Clemens

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

Lanny Breuer is being nominated by President Obama to lead

the U.S. Justice Department's criminal division, reports the

Associated Press. Breuer represented major league pitcher

Roger Clemens last year when he denied under oath that he

used performance enhancing drugs; he also represented Bill

Clinton during his impeachment trial.

A Washington grand jury has been hearing evidence in the

Clemens case. It is common for lawyers joining the government

to take no part in matters in which they were directly involved

during their previous job.

Associated Press/Washington Post - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klcHO43xgusVbiN8ja2ZuuiBfzy7qX_yKLMNlOiLUkIp3Cv8BpBiXqutH-NIYqTOpkGimmCp4mqbXm8fWsLdAhZIrXwlGXK2orWCVI-8KSOo1xPAfusO_UQFsZtjYdBwxoPeN3uNQhBcOZMkuWChKVq9X84_ueSHyQbZ_tjLdnPedePW0pCgUPxcu7pPFc01YpQoo1TT_SEFQw==

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

Baltimore Surveillance Cameras Useful But No Slam Dunk

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

When surveillance cameras were first deployed in Baltimore,

officials said they would help convince skeptical juries about a

suspect's guilt and deter crime, says Baltimore Sun crime

reporter Peter Hermann. Rather, the extensive and still

expanding surveillance network has evolved into more of a

better way for police and prosecutors to locate and question

witnesses and suspects and stitch together otherwise disparate

clues. "I've never had a case in which a video was a slam-

dunk," said prosecutor Rich Gibson.

This month, researchers at the University of California, Berkeley

released a report on surveillance cameras used by the city of

San Francisco and came to the same conclusion. The Urban

Institute in Washington is conducting a similar study in

Baltimore and two other cities and could issue findings in a

matter of months. Baltimore prosecutors and police have been

at odds for years over the usefulness of the more than 300

police cameras on city streets. The state's attorney's office says

the cops hyped video surveillance as savior to the crime

problem. Police argue the cameras are a crucial deterrent that

allows them to watch areas that can't be continuously

monitored by patrol officers. Baltimore more than other cities

monitors surveillance cameras in real time and sometimes

catches criminals in the act, says the mayor's office.

Baltimore Sun - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klfG0pL0Kolnlw7EGlfLjjAhpQvB10gCBmRGJXbePCQOGmPWciVvXMspC-qms9gPWfzca_tBZGBjkicTBSg1ZDvLFW38P_rCVumecvpahiAHNfh8GdIQoh79ujpM_721wL6c1BB0lSpluAIabqUYfk_W5Qf7lhisROtTGfLVuICd84BA9gZWOwEh

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

Forensic Psychologists Determine If Suspects Are Faking It

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

The Miami Herald describes what forensic psychologists do in a

profile of Dr. Sherrie Bourg Carter, who spends her days with

some of society's most pathological members. She evaluated

serial killer Aileen Wournos and cop-killer Kenneth Wilk. "I see

things other people never hear about,'' she said. "Most crimes

don't get reported, so I see things like bus drivers driving drunk

with a bunch of kids on the bus. It may or may not hit the news.

But it hits my desk.'' Bourg Carter, who has written five books

and is an adjunct professor at Nova Southeastern University's

law school, became fascinated with forensic psychology during

her doctoral studies at Nova.

The most challenging work, and what she is asked to do the

most, is determining if defendants are faking mental illness,

what the experts call "malingering.'' She says, ''It happens a lot

in criminal law that people will fake or feign mental problems

to get a secondary gain. In forensics, you not only have to know

the disorder, but also what faking would look like.'' Yet the most

difficult work can sometimes be facing not the criminals, but

their victims or family.

Miami Herald - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75klfz0ME_WFtjs2qAFMARxT4mGMYnzBDbnMsAhQtkw4KtXH6kh1582gAusTzAQz6RjI4MrJPzA1QzzEWqpBc9CR_pIRy7HhiO7YQ_csxLVQjOLjv589FjudUEZOueqg6mRdpmmSe2UeKQyIw_p4dHkEKoORxtLgItVlI=

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

Violence Against Women Act Advocate Hopes Biden Will Help

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

Loretta Sanchez (D-CA), one of Congress' staunchest anti-

violence advocates, heads into the next session with her mind

on money for the Violence Against Women Act (VAWA), which

aims at preventing violence, prosecuting offenders and treating

victims, reports Women's eNews. Lawmakers have not yet

agreed on funding levels for fiscal 2009 but will likely do so

soon. Congress is under pressure to cut funding due to the

effects of the credit crisis and ailing economy. She hopes Vice

President Joe Biden, who championed domestic violence

programs as a senator, will use his influence to persuade

lawmakers to "at least hold the line" on spending.

Sanchez said VAWA could use more funding because

domestic violence rises during economic downturns and in

times of war, when members of the military often return in poor

mental health. At the same time, victims of violence and

assault have fewer places to turn because governments tend to

cut back on social services in recessions. In recent years, VAWA

has been authorized to get $800 million annually but has

actually received less than $600 million. While women are less

likely to be victims of crime overall, they are far more likely to

suffer from domestic violence and sexual assault, says the San

Francisco-based Family Violence Prevention Fund.

Women's eNews - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75kldxdojWQchA6QwloZRq-GhWhrMcjs-lw3Yl9Fjxu5vRBocL9YjVFsbWtY4eixXrWDHXQVLb5tX8zliwMDKoIMFzWmySR75J-3hOsEu0KfHARAfTBpx3FKfEe2uftC-y0naZoKwlvGkpbA==

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

Charges: NYC Jail Guards Ran Unit Like Organized Crime Family

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

Guards in a unit for teenagers at New York City's Rikers Island

Jail reputedly sent inmates to intimidate, threaten, and silence

uncooperative prisoners with brute force, reports the New York

Times. Inmates were ordered to turn over money, and their

every move was controlled. If word of an assault got out, the

guards would allegedly orchestrate a cover-up. Prosecutors said

the unit was run much like an organized-crime family - and

two correction officers were the bosses. Three corrections

officers are on trial in connection with the beating death of an

18-year-old inmate.

Martin Horn, city correction commissioner, said the conduct the

officers were accused of was isolated and that the department

had taken measures, including installing additional cameras,

to ensure the safety of inmates in the aftermath of the death.

New York Times - http://rs6.net/tn.jsp?et=1102424080268&e=001YBFfoU75kleS4ICjnq9j1VjF0Qz9RWtCmGk85fOohyG0nFlY_U_lQo0xHAoeAVqf8eLTzKM0wsM1xJIzGJeaCzXv4DMK5d8xRMDCiJeio-_QIGToQvKsGJo7mwRlPplCRDqX7V48_zrMcFXxly_tO-XahVbhcGqeA5G4XrxJJljKeBujnz2zIg==

 

Full post as published by New York Supreme Court Criminal Term Library on January 23, 2009 (boomark / email).

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