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Legal Research

: New York Supreme Court Criminal Term Library

Crime and Justice News -- November 28, 2008

By David Badertscher, PLL

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<p>Source: Crime and Justice News -- November 28, 2008</p> <p>" </p><table cellspacing="0" cellpadding="0" width="600" border="0"><tbody><tr><td><font color="#000000" size="2"> <div>-- U.S. Drug War Failing, Must Attack Consumption: Brookings Report</div> <div>-- U.S. Responsible For Mexican Drug Violence: Ambassador</div> <div>-- L.A. Verdict Will Chill Social Networking Site Users, Experts Say</div> <div>-- TX Study Finds Incomplete Criminal Records In 36% Of Cases</div> <div>-- Boston Police Overtime Crackdown Extended To Detectives</div> <div>-- Kansas City "Most Wanted" Newspaper Leads To 90 Arrests</div> <div>-- Kansas City Needs To Address Crime-Data Problems: Newspaper</div> <div>-- New Orleans Chief Fails To Suggest Anticrime Measures: Writer</div> <div>-- Memphis To Convert High School Into Public Safety Academy</div> <div>-- Seattle Due For Fight Over Mayor's Proposed Gun Restrictions</div> <div>-- Seattle Expert Discusses His "Prison Gangs In America"</div> <div>-- New York City Parking Tickets Up 42% In Seven Years</div> <p> </p><p> </p></font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">U.S. Drug War Failing, Must Attack Consumption: Brookings Report <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>The U.S. war on drugs will continue to fail as long as it emphasizes law enforcement and neglects the consumption problem, the Brookings Institution says in a report co-chaired by former Mexican president Ernest Zedillo, the Los Angeles Times reports. Zedillo called for a major rethinking of U.S. policy, which he said has been 'asymmetrical' in demanding that countries like Mexico stanch the flow of drugs northward, without successful efforts to stop the flow of guns south. In addition to disrupting drug- smuggling routes, eradicating crops, and prosecuting dealers, the U.S. must confront the health issue that large-scale consumption poses, he said. <p>Contrary to U.S. claims, the use of heroin and cocaine in the U.S. has not declined significantly, the report says, and the use of methamphetamine is spreading. Falling street prices suggest that the supply of narcotics has not declined noticeably, and U.S. prevention and treatment programs are woefully underfunded, the study says. "Current U.S. counter- narcotics policies are failing by most objective standards," the report says. 'The only long-run solution to the problem of illegal narcotics is to reduce the demand for drugs in the major consuming countries, including the United States.' The report urges the U.S. to take responsibility for stemming the transport of 2,000 guns a day across the border; to expand drug prevention programs in schools and redirect anti-drug messages to younger people by emphasizing cosmetic damage as well as health risks; and to enhance drug courts, which incorporate treatment into prosecution. </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvyRbFCNCJO_IIr2iCwtzoDszQd2C-CGTIvapbQ0hQ88fiRM2JjPgsNP8hM8CyRDD6Ev9uqat3i16JWWs27RSZtobyX1xDZrsKueDpCf4qzqox0NFZYn57YoqkSAEDq21iSCsVJPoh7UxBTRhlaQGia1W_F_MpeXi-R0PU2mD9LOidKtY4DVXEyzv2wXKIySphDSRA405tyNFQ==" shape="rect" color="#0000FF" target="_blank">Los Angeles Times</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">U.S. Responsible For Mexican Drug Violence: Ambassador <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>After six sometimes tumultuous years as ambassador to Mexico, Tony Garza is speaking out forcefully about U.S. responsibility for Mexico's widening drug violence, reports the Dallas Morning News. 'Mexico would not be the center of cartel activity or be experiencing this level of violence, were the United States not the largest consumer of illicit drugs and the main supplier of weapons to the cartels,' Garza said. 'The U.S. and Mexico must fight these criminal organizations together, or we will fail together.' <p>As he prepares to leave his post Jan. 20, Mexico's bloody drug violence remains his greatest concern, he said. 'The cartels and drug dealers have crossed that line from recklessly endangering civilians in their attacks on law enforcement officials and other criminals to deliberately targeting innocent men, women and children,' he said. Last summer, Congress approved the first installment of the $1.4 billion M rida Initiative, aimed at helping Mexico confront the cartels with training and high-tech assistance. Garza's Mexican counterparts applaud his work, though the relationship has had tense periods. Mexican diplomats objected to Garza's vocal criticism about what he believed was Mexico's slow response to drug violence in earlier years. </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvwODhmhDlgdlZ9BiJLEU7m7YSdtY6aDZ02ffXFLcpHPKpr4Ptab068UDD4dVEqmGNOXSH6JS0y47NsldoYrCrk-FdFyuK0P4jWPkgkgxZDOLHWpwQzJ79-fBh3QWOItfyLiH5JYXP-FO3qfrpXHoatLsoAohDhYjUbZHSABIwLEVKaFuozWSLob5azFRiyfRu94guKDt3MPVXpd_EzbMxgM" shape="rect" color="#0000FF" target="_blank">Dallas Morning News</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">L.A. Verdict Will Chill Social Networking Site Users, Experts Say <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>A high-profile Internet legal case in Los Angeles will have a chilling effect on users of social networking sites such as MySpace and Facebook if the verdict holds up on appeal, legal experts told the Christian Science Monitor. A on Wednesday convicted Lori Drew - the defendant in the so-called 'MySpace Suicide Case' - of three counts of illegally accessing computers. The case drew attention because Drew had created a phony MySpace profile of a teenage boy who criticized a 13-year-old girl who subsequently hung herself. <p>'What happened to Megan Meier was a tragedy, not a crime,' says Andrew Grossman of the Center for Legal and Judicial Studies at the Heritage Foundation in Washington, D.C. He added that the verdict 'leaves all Internet users at risk of prosecution under federal law. It is a prime example of overcriminalization.' Another esxpert, law Prof. Michael Scott of Southwestern School of Law in Los Angeles, said, "Lori Drew did not do the key acts that the prosecution alleged, but rather a third party did, so it seems strange that the person who pulled the trigger is not prosecuted but the one standing next to her is." Said Sheldon Rampton of the Center for Media and Democracy in Madison, WI: 'A lot of people do things on the Internet that are not nice, but that doesn't mean they should all be criminalized.' </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvxW-HUnpEGlgZO5DfsN7yYI4VGd9308RkwCy0OVbDY3GVG3d0PuKWfkjWcK8FItb4jOqFh0OJQDxXeqn-2YgYrKEdbVGaluNy3am7I9KTDDciG2JdD1nb7KF02ayrVtShvTUys4lLLkbWdKgO5uKVBG" shape="rect" color="#0000FF" target="_blank">Christian Science Monitor</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">TX Study Finds Incomplete Criminal Records In 36% Of Cases <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>Authorities tell the Associated Press that Texas counties are partly to blame for not always reporting the outcomes of criminal cases. Fort Worth-based Imperative Information Group, which does background investigations, looked at 562 cases for offenses that ranged from theft by check to capital murder. All were known to have ended with a conviction or 'deferred adjudication,' similar to probation. It found that the state Department of Public Safety database did not have records on 36 percent of the 562 cases, the Fort Worth Star-Telegram reported. In three instances, the cases were not reported to the database even though the defendants were sentenced to death. <p>State licensing agencies, employers, churches and others rely on the database to screen prospective employees, customers, and volunteers. The missing records stem from human error and lax reporting from law enforcement agencies, courts, and district attorneys, the newspaper reported. Some counties report as little as 17 percent of convictions to the state. Williamson County District Attorney John Bradley blamed gaps in the database for allowing an eventual murderer to slip under authorities' radar. Gregory Klapesky - who was supposed to be on felony probationary sentences in two counties, but was not being monitored by officials - strangled his wife in 2003. </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvytHdlgeG2co7gIlQQXZ6cbWoPbDYm4yOA5_S9l_F3d-H5O_hnhVjvt6JCqIpuH_6v23w9_RqFMX3LveRBGhgLF469w_Y8nk9S-dv1_72AY-OI7q9hbXeJwSHmV3Ir8efNMyUSDnHhaOvVO35cj0y620_4DVkLOzNj5KHM8E4ZdUcollpP-wwmGPlKt_m9zyCM=" shape="rect" color="#0000FF" target="_blank">Associated Press/Austin American-Statesman</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Boston Police Overtime Crackdown Extended To Detectives <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>Boston Police Commissioner Edward Davis has extended an overtime crackdown to include detectives investigating some of the city's most serious crimes, a move that union officials say could hinder their ability to solve cases and hurt morale, the Boston Globe reports. The cuts will not apply to detectives responding to emergencies such as shootings or stabbings. Work like conducting follow-up interviews with witnesses or obtaining search warrants, which detectives have often used overtime to complete, must be done during a regular shift. <p>'I understand that there are budget problems,' said Detective Miller Thomas, president of the Police Detectives Benevolent Society. 'But if the investigation was legitimate yesterday, how can the same investigation not be legitimate today? The investigation didn't change. The crime didn't change. What changed was the policy of the department.' The cuts are part of a series of expense reductions that has the rank and file on edge, according to union officials. This month, Davis began reducing extra shifts as he tried to contend simultaneously with budget cuts and an overtime account that was on track to be millions in the red by year's end. Since then, many supervisors have complained that garbage is piling up in district stations and jail cells because the department has stopped paying custodians overtime to replace others who are out sick or on a day off. </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvwncX3GFCJv8sqilvfs9tVA7qWVIM_PfDrJp8G-k7SVHHqt4rRn4ud9xEodd2S2jGvmEi_Ptfm68MRL9LAv0XcqIKwmu5Hsk9B2yOeBGplN8F0YQgjyqMTxOw8_HXpS-wi_ccJG1MtnLXMkpXU_swNhdKk82DTSMikCl408Ipypd2nG1nOxG6ycGwsy5qOxAUHczGM3S5XwpnieEJr9_v914S22eQwYdKdKoiMbpbINcg==" shape="rect" color="#0000FF" target="_blank">Boston Globe</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Kansas City "Most Wanted" Newspaper Leads To 90 Arrests <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>A man who had bought an issue of Kansas City's Most Wanted newspaper called the Tips Hotline last month to ask if police were still looking for a certain fugitive, reports the Kansas City Star. Kansas City Police Sgt. Craig Sarver checked the computer and found two drug trafficking warrants. The caller said he knew where the fugitive was. "How can you be sure?" Sarver asked. 'I'm looking right at him,' the man said. The tipster - newspaper in hand - tailed the fugitive and relayed his whereabouts to Sarver, who sent officers to make the arrest within 20 minutes. <p>That arrest is one of 90 made because of the Most Wanted newspaper since its inception by the Kansas City Metropolitan Crime Commission about 18 months ago. Readers buy about 3,000 copies of each issue, available at 85 stores. Although officials had hoped to sell 8,000 copies when they started the program, the steady 3,000-circulation covers printing and distribution costs of the twice-monthly publication. The paper generates a handful of calls each month that prompt arrests. Tipsters are eligible for rewards up to $1,000. An online version of the newspaper is at kc-mostwanted.com. </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvx1_FJe7LanaGH9HqS0ODfgOJJSNU-Vn04Bh9xgGDhh2iA9jxtB6w4Pxl-dl0EMVHXw01oVzX2dUdouf9_BEeK_iDMkecBLh1-mC9Ex9MJXYxeTmLeMxbJipEiizTVFRR2lI1tvkdw5rw==" shape="rect" color="#0000FF" target="_blank">Kansas City Star</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Kansas City Needs To Address Crime-Data Problems: Newspaper <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>The Kansas City Police Department should be embarrassed by the incompetence of command officers in keeping track of the soaring crime rate, says editor Tom Bogdon of the Kansas City Tribune. Last year, a CQ Press listing of national crime rates put Kansas City 18th on the list of several hundred cities. It likely would have ranked even worse in the 2008 rankings because violent crime increased in 2007. Kansas City wasn't ranked at all this year due to missing data. In other words, Kansas City failed to report. <p>Historian William Worley says that in the 1950s; a Kansas City police chief apparently presided over a department that manipulated crime statistics, especially those covering burglary and larceny, in order to make the crime situation in Kansas City appear better or worse than in other cities. The recent record-keeping problems of the Kansas City Police Department have been attributed to computer problems. However, most computer problems can be attributed to 'garbage in, garbage out.' Bogdon says that enough time has elapsed since a City Auditor's study of the problem to provide an adequate explanation. The newspaper says it will look for an adequate explanation of Chief James Corwin's record- keeping problems. </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvw0H-sUux-fYfDljkhKiAIQk7KCO5lEdPKKN7n0cVGYMoXFLqGGqV9JR5YnbHUsZwc4ZIkxB6MWA6X7LOesYg4ZF8ymH2zhsEBqYs7Tf7m2HxmRjlVixiQZ-waC6jPjvJKfEYYACNL-_w==" shape="rect" color="#0000FF" target="_blank">Kansas City Tribune</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">New Orleans Chief Fails To Suggest Anticrime Measures: Writer <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>When confronted with data that claim New Orleans is a singularly dangerous place, Police Superintendent Warren Riley shows himself to be a 'No, we can't' kinda guy, says New Orleans Times-Picayune editorial writer Jarvis DeBerry. At a press conference this week after CQ Press said the city had the nation's highest crime rate, the police chief didn't have a suggestion -- not a single one -- for what the Police Department could do to make the city safer, DeBerry says. <p>Rather than say what he can do to make the department better, Riley focused on the apparently flawed methodology that CQ Press used to come to its conclusion that New Orleans is the most crime- plagued city. The publication used a method that gives crimes such as simple theft similar weight to violent crimes such as rapes, armed robberies, and murder. For that reason the FBI determined in 2004 that such a methodology was faulty. A spokesman for the publication says that even if CQ Press had used the population figures most flattering to the city, New Orleans would still be No. 1 in crime, would still be many bloodied, bruised, and dead bodies ahead of No. 2. </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvytKqQaSeIb_rwh6zpJkFJw1MXubWOOgWn1kjwzvv6n3suNk7b-eOs9FKd6YtdUO8QCfnOo7SWbDDTlwth2T4GiR3dJcofd8dqrEZLd-QeuiiP1xY9WADLjZ9tL7GYJrO_EzC-2pznGq6fIl4-OEiNwr9UvADliXtd2I2IJ_3G9EmmFTEz8nz4_" shape="rect" color="#0000FF" target="_blank">New Orleans Times-Picayune</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Memphis To Convert High School Into Public Safety Academy <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>Memphis School Superintendent Kriner Cash will turn a high school into a four-year public safety academy, annually turning out 200 potential Memphis police recruits as early as 2013. 'You don't come out ready to be a police officer, but you are ready to pursue postsecondary training,' Cash told The Memphis Commercial Appeal. With a projected enrollment of 800 to 1,200 students, he said Memphis City Schools could possibly solve the city's shortage of police officers. <p>"I think anything that we can do to attract quality candidates is a good thing," said Police Director Larry Godwin. 'It also shows our young men and women the different opportunities that are out there.' The Memphis Police Department has 2,157 officers, 188 below the budgeted staffing complement for this year. Last week, the city council voted against extending the residency requirement to 20 miles outside of Shelby County, setting off a division between people who say the city is being overrun by criminals and those who say black officer candidates are routinely and unfairly disqualified. </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvw2goUfGDmYevRksphrAGAtmhXh4MlbHQoINcvsQxZ6n5q3tjGChV48JVOpYAkkndqxuA7gIW1rQHTt99moS6-664ORUYkxBbCkH1OMazo-OZbtF-izQx5rFYI2OuFOsDVjKtoqN_5UjgPXSCq0v3293XgVsTw13inbPinZJX6Y7I_9oItBH6fVpGlwkFiofz0=" shape="rect" color="#0000FF" target="_blank">Memphis Commercial Appeal</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Seattle Due For Fight Over Mayor's Proposed Gun Restrictions <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>Seattle Mayor Greg Nickels plans a public hearing Dec. 15 on his plan to ban guns on city property, including at parks, sporting events, and street fairs, reports the Los Angeles Times. In a state where more than 239,000 residents have permits to carry concealed weapons -- and many consider a gun in their pocket a better deterrent to street crime than any law -- the proposal appears almost certain to become a major gun control battle in a year when the courts and possibly President-elect Barack Obama could redefine the national debate. [The Times offered no evidence that Obama will pursue a gun-control agenda.] <p>After a Supreme Court ruling that the 2nd Amendment explicitly protects the right to own guns for self- defense, gun rights advocates are gearing up for a new round of court cases in California, Chicago, and elsewhere. In Seattle, the battle will be over a Washington state law that specifically reserves the "entire field of firearms regulation" to the state. Police Chief Gil Kerlikowske says that laws like Washington's, which require the issuance of concealed-weapons permits to anyone who meets the standards, are too lax. Although Seattle has problems with gang violence in the suburbs, relatively little of the recent downtown crime has involved guns, which is one reason not many residents are lining up to support the mayor's proposed gun ban. </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvxFYtqeHMETSHGCMwpcNHq34RA9FFjhpFaKoq608ZJzBWId6k03Agprjkap0Zs7W3aeXfdd7jVaOzdcwcWHL1Csk84K_42v0PDMzSkW7WUvRo-iNKHgCbNTyk8vIxJrXSLSGFYMyd9XgxKJHj8fb7QHQX6Ivth1-qc9wrB3OjygOrRGsj5qhkTuOj0v30niTDsgBoAY1GMryg==" shape="rect" color="#0000FF" target="_blank">Los Angeles Times</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">Seattle Expert Discusses His "Prison Gangs In America" <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>As founder of Gang Prevention Services, Gabriel Morales of Seattle has developed a reputation as an expert on the histories and activities of local gangs, says the Seattle Post-Intelligencer. He worked for more than a decade in California's notorious Folsom State Prison. He began his company to share what he had learned with the local law enforcement community. Morales has written 'Familia -- The Family: Prison Gangs in America,' a 200-page textbook on the growth of gangs in the corrections system. <p>He says: 'I wanted people to see what happens on the inside. Once (people) get arrested, they don't stop dealing. Your aggressive guys who like to assault people on the street, they're the guys who like to beat up people on the inside. The gangs are a lot more organized than people understand.' He adds, "Most of them will get out one day. That's why we should be concerned as a society. It's a very, very violent world (in prison), and a lot of times, when (inmates) get out, that's all they know." </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvzUii2JLM-vA7HtN1K5RSk1YlcLfIkj9gGvRTbBREdT_XkcErKQlPZgs3AKT7iK4X2PLGKCEgIOhc8iFxHxh-44McLxXu1EvyZw3Nyg952Tr7C7DWLtOGD5bJEl9XsFuqi-_3SvsV5lzmbLmW2Fz153" shape="rect" color="#0000FF" target="_blank">Seattle Post-Intelligencer</a> </font></td></tr><tr><td><font color="#000000" size="2"><br/><font color="#000000" size="2">New York City Parking Tickets Up 42% In Seven Years <div>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~</div></font>The number of parking tickets issuedin New York City has surged 42 percent since Mayor Michael Bloomberg took office, in 2002, says the New York Times. The day after Thanksgiving was the most- ticketed day of the last fiscal year. While the city has explained the tactics it uses to curtail crime, its strategy in issuing parking summonses remains a poorly understood area of law enforcement and one that, even when done fairly, makes people cringe. Since Bloomberg took office, the city has hired 793 more traffic agents and doubled some penalties, collecting 64 percent more in fines in fiscal year 2008 than it did in 2002. During the last fiscal year, it collected more than $624 million, more than it spends to run the Department of Transportation. <p>The surge of ticket writing has swept away some of the civilities of life in New York, like the five-minute grace period that was once part of the city's official enforcement policy. Police officials say there is no longer a grace period, but many motorists still believe one exists. At least 276,000 drivers found out sorrowfully last year that the tradition is dwindling; they were ticketed for violating alternate-side parking rules within five minutes of the time the rule went into effect. A full 10 percent of the tickets for alternate-side parking violations were issued within two minutes of the time that the rule went into effect. Traffic agents may be emboldened in part by the precision of their equipment. The city has furnished all traffic enforcement agents with handheld computers that spit out more tickets in less time and with fewer errors than handwritten tickets. </p><a href="http://rs6.net/tn.jsp?e=001HNGPKmUugvwQbM7cfjfRL3Y-2FkdEaYnQuoEr_Rul-xhPgqfcglM1xkmb3fNcSebMo6s_xM1GwBu70I3GHd--VqdQz-pbmYNPxIZmn_wG2UfaHu_9iJ2D5KBeUXAn9-i_PvhL9IQ7_Vb4LboG581JE_42KuLbVE9Ajgb2krILV8Bee0F5pFRwwMoa15UMFvL2_suPR8D3JKdAYkA56kNOULTm-YcybO1" shape="rect" color="#0000FF" target="_blank">New York Times</a>" </font></td></tr></tbody></table>

Full post as published by New York Supreme Court Criminal Term Library on December 01, 2008 (boomark / email).

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