Archive for the 'Prisons and Justice' Category

Open Thread, so that’s why people become cops edition

Saturday, October 29th, 2011 by Barry Deutsch

I read this story on Reason Magazine – a typically appalling police forfeiture story in which cops raided a strip club for drugs and, finding no drugs, confiscated (without receipt) cash, computers, computer pads, and the manager’s wallet. But what made me crack up is the ad that accompanied the story.

(Description: The headline of the story reads “40 Texas Cops Rob a Strip Club.” The ad at the bottom of the page shows a boyish, smiling police officer, with the headline “Become a Police Officer.”)

Let’s call this an open thread.

Study: Lighter-Skinned Black Women Get Lighter Prison Sentences

Thursday, September 15th, 2011 by Barry Deutsch

From the blog “Layers of Blackness“:

‘The Impact of Light Skin on Prison Time for Black Female Offenders’ is the first of its kind to examine the relationship between skin tone and sentencing among African American women. It looked at 12,158 women imprisoned in the southern state of North Carolina between 1995 and 2009.

In several US states including Mississippi, Montana and South Carolina it is common practice for correctional officers to assess the skin tone of prisoners when they are being admitted to jail. The process is fairly crude with simple notations like ‘dark skin’ ‘medium skin’ ‘light skin’ being recorded. This is supposed to enable escapees to be more easily identified.

The author’s findings revealed that on average, black female inmates with lighter complexions received 12 per cent less jail time than their darker skinned counterparts. Having light skin reduced the amount time served in prison by 11 per cent. The study is consistent with the findings of similar studies on skin tone and sentencing of black men.

According to The Minority Brief, the study authors controlled factors including prior record, conviction date and weight; they also considered if the woman in question was serving time for robbery or homicide, which tend to carry long sentences.”

California’s “Alternative Custody Program” Is Sexist Against Men

Wednesday, September 14th, 2011 by Barry Deutsch

California has a new program to let some non-violent offenders serve some time living at home, wearing an ankle monitor. Yay California!1

The program is for prisoners who were the primary caretakers of their parents before they entered prison. That seems good to me; you have to start somewhere, and that’s a good population to start with. Hopefully, if the program is successful, it can be extended to other non-violent prisoners.

But here’s the problem: Only female prisoners are able to use the “Alternative Custody Program.”

Spokeswoman Dana Toyama said the bill that made the program possible, SB 1266, was written with women in mind, because they tend to be the primary caregivers.

Toyama said constitutionally CDCR cannot bar men from applying to participate in the program, but she said they do not have the necessary programs currently in place to approve their participation.

“Right now, we are not offering it to them, but they can’t be statutorily excluded. We just don’t have the resources to offer it to male inmates,” Toyama said. She also said they do not have a date set to start extending the program to men.

It should be noted that although an earlier version of SB 1266 was written for mothers, the language was specifically rewritten to include both mothers and fathers (thanks to some praiseworthy lobbying by Fathers and Families, which is run by men’s rights activist Glenn Sacks). As I understand it, the law that was passed was gender-neutral, and included fathers. So what the prison system is doing is ignoring the legislature’s intent.

This is sexism, plain and simple. I don’t doubt that it would cost a little bit more to extend the program to fathers — but keep in mind, every prisoner switched to the “Alternative Custody Program” saves the state money. I strongly suspect that’s what really lacking isn’t resources, but will.

I hope that some imprisoned father sues the California prison system, and soon.

  1. Unfortunately, the program may not last long, since it only applies to people in prisons, and soon California will start putting low-level offenders in jail instead of prison.

We Should Have The Right To Record On-Duty Police

Monday, September 5th, 2011 by Barry Deutsch

It’s not often I agree with Glenn Reynolds, but his editorial about the recent trend of police harassing and arresting citizens for recording the police as they publicly perform their duties is spot-on.

The most outrageous example may be Tiawanda Moore’s case. From Radley Balko:

When Chicago police answered a domestic disturbance call at the home of Tiawanda Moore and her boyfriend in July 2010, the officers separated the couple to question them individually. Moore was interviewed privately in her bedroom. According to Moore, the officer who questioned her then came on to her, groped her breast and slipped her his home phone number.

Robert Johnson, Moore’s attorney, says that when Moore and her boyfriend attempted to report the incident to internal affairs officials at the Chicago Police Department, the couple wasn’t greeted warmly. “They discouraged her from filing a report,” Johnson says. “They gave her the runaround, scared her, and tried to intimidate her from reporting this officer — from making sure he couldn’t go on to do this to other women.”

Ten months later, Chicago PD is still investigating the incident. Moore, on the other hand, was arrested the very same afternoon.

Her crime? At some point in her conversations with internal affairs investigators, Moore grew frustrated with their attempts to intimidate her. So she began to surreptitiously record the interactions on her Blackberry. In Illinois, it is illegal to record people without their consent, even (and as it turns out, especially) on-duty police officers.

Happily, a jury just acquitted Moore — apparently the Illinois law makes an exception for surreptitiously recording a crime, and the jury felt that Moore’s treatment by the cops qualified as a crime.

But why did the cops feel free to act this way? Why did state’s attorney Anita Alvarez1 (a Democrat whose website ironically highlights her opposition to domestic violence and sexual assault, by the way) choose to charge this woman with a felony?

Glenn’s conclusion:

Technology may be winning, but the real problem is that America has a class of government workers who believe that they are above citizen scrutiny, and who are prepared to abuse their powers to avoid that scrutiny. The only solution for this is to punish offenders severely enough that others learn their lesson.

Some have proposed a federal civil rights law specifically recognizing the right of citizens to record police, and including severe punishments for police and prosecutors who violate that right. Frankly, it seems like a pretty good idea. Until then, however, we need to educate both police and citizens that photography is not a crime, even when those who wield government power, ostensibly on behalf of the citizenry, would rather not be photographed.

  1. The link is to Ms. Alvarez’s Facebook page, in case you’d like to leave a comment.

Credibility Should Matter. And Not Only In Rape Cases.

Tuesday, July 5th, 2011 by Barry Deutsch

This post from Unqualified Offerings says it perfectly:

In general, I agree that prosecutors should refuse to go to court with a criminal case if the case hinges on testimony from a person who cannot be trusted.  This is, in general, a sound civil libertarian stance.  However, one need only read Radley Balko’s blog, or the ACLU’s blog, or any number of reports on death penalty cases with shaky evidence, to recognize that this standard of credibility should not only be applied to victims of alleged sexual assaults.  It should also be applied to informants (especially in death penalty cases), cops who can’t keep their stories straight, and “expertwitnesses offering testimony that is dubious at best.

So, by all means, if (for the sake of argument) DSK’s accuser is a person who cannot be trusted, and no other substantial evidence can be mustered to corroborate her allegation, drop the case.  Better to let a hundred guilty people go free than send one innocent to prison.  However, let’s be just as scrupulous in examining the credibility of other prosecution witnesses as well.  Credibility considerations shouldn’t be exclusively for accusers in rape cases.

Wanna Support Marriage? End The Drug War. Fight Unemployment.

Tuesday, June 7th, 2011 by Barry Deutsch

[Crossposted on Family Scholars Blog.]

As an unintended consequence of participating in so many arguments about marriage equality, I’ve read a lot of work by so-called marriage advocates. Although on the subject of same-sex marriage I haven’t found their arguments persuasive (to put it mildly), on other subjects I’ve found myself partly persuaded.

I’m not persuaded that either sex or shacking up without marriage is morally wrong, mind you. I don’t think that marriage is an effective antidote for poverty. I think the harms of non-marriage (including the harms to children raised outside of marriage), while real, have been often overstated and exaggerated by marriage advocates. Nor has my conviction wavered that pressure on the happily unmarried to marry, or on the unhappily unmarried to marry the wrong person, is horribly unfair.

But I am persuaded that marriage is extremely beneficial to many married people and their children, and thus beneficial to society. I’ve also become aware, through reading Kathryn Edin and others, that many unmarried Americans — often poor Americans, often people of color, often single parents — see a happy marriage as a major life goal.

So when marriage advocates say they want the government to help single people who want secure marriages get married, I’m with them, in principle. That seems like a pretty reasonable policy goal.

Where they tend to lose me is in the details of their proposals.

One common idea is that if we only hector and shame people enough — in particular, low-income young women — then we’ll see a lot more marriage happening. I don’t like this idea, for a few reasons.

One, it’s not very kind.

Two, as Kathryn Edin’s research has shown, the problem isn’t that low-income young women don’t want to get married. Many low-income young women desperately want a solid, loving marriage. And they’re also desperate to avoid divorce — which means they don’t want to marry the wrong man. Hectoring these women to want to get married misses the mark.

For low-income, heterosexual urban women, and especially for African-American women in that group, there’s a severe shortage of men. Demographer Philip Cohen gathered data from a few cities, comparing marriage markets for Black and white women:

Source: Philip Cohen’s analysis of data from the American Community Survey, 2005-2007

So why are there so few marriageable Black men in these communities? One reason is the “War on Drugs.”

Academics Kerwin Kofi Charles and Ming Ching Luoh, in a study published in The Review of Economics and Statistics, found that the vast increase in drug-related incarceration starting in the 80s and 90s had a significant effect on marriage rates. “Higher levels of male incarceration lower female marriage and increase the tendency for women to marry men of inferior quality when they do marry, precisely as implied by the standard marriage market model. [...] The results are remarkably stable across a variety of specifications. ”

Commenting on this research, Marina Adshade wrote:

This effect is biggest for women with little education; particularly women with less than a high school education, but also for women with high school and some college. The only group of women unaffected by the trend is women who have a university degree, but it isn’t that surprising that these women do not draw their partners from the same pool of men who have been affected by the increase in incarceration rates.

It’s not all bad news for women though; education and employment for women is increasing with incarceration rates, no doubt the effect of women having to become more independent.

One interesting finding is that divorce rates are also falling because of increased incarceration. The authors seem to think that women are being pickier and are therefore ending up in more stable relationships. I disagree. The logical explanation is that women have fewer outside options and so are more likely to stay in a marriage even when they are not happy. The much bigger problem with women having fewer outside options is that this implies that the men who stay out of prison are getting more say in what happens in the household.

That’s one concrete step we could take, to make marriage more available to those who want it: We could end the war on drugs. We could follow the Global Commission on Drug Policy’s recommendations, decriminalizing drugs and instead offering “health and treatment services to those who need them.”

Another huge barrier to marriage is unemployment. Unemployment is at crisis levels across the nation, but it’s even worse for black men — almost twice as high for black men as for the rest of the nation. This is a level of unemployment comparable to the Great Depression.

We could end the war on drugs — but that’s politically difficult to do. It’s not a coincidence that all but one of the members of the aforementioned The Global Commission on Drug Policy are former high government officials; what we need is more pressure on non-yet-retired government officials to follow suit.

We could do a lot more to lower unemployment — but, again, the political barriers are very high.

But as long as the War on Drugs and skyrocketing unemployment are left in place, marriage rates among poor women — and especially in urban Black communities, who have been hit hardest by both incarceration and unemployment — will remain low. Ending the war on drugs and fighting unemployment are the real pro-marriage policies.

A Messed-Up Libertarianism

Sunday, May 1st, 2011 by Barry Deutsch

A quote from libertarian Jim Henley, via LOOG:

Most libertarians would agree that it’s a messed-up state that:

* Creates a massive crime problem in poor minority neighborhoods with a futile, vicious and every more far-reaching attempt to prevent commerce in popular, highly portable intoxicants that leaves absurd numbers of young men with felony records, making them marginally employable.

* Fails to provide adequate policing for such neighborhoods.

* Fails to provide effective education in such neighborhoods after installing itself as the educator of first resort.

* Uses regulatory power to sharply curtail entry into lines of business from hair-care to ride provision, further limiting the employment options of people in such neighborhoods.

* Has in the past actively fostered the oppression of said minority, up to and including spending state money and time in keeping its members in bondage.

* To make up for all of the above, provides a nominal amount of tax-financed welfare for the afflicted.

But it’s a messed-up libertarianism that looks at that situation and says, “Man, first thing we gotta do is get rid of that welfare!”

Top Wisconsin Court OKs Putting Non-Sex Offenders on Sex Offender Registry

Tuesday, December 28th, 2010 by Barry Deutsch

From The Legal Watchdog:

For each violent rapist, a registry may contain dozens of teenagers who had consensual sex with younger teens, and dozens of other teens who were convicted of “sexting,” urinating in public, or similar behavior. But, perhaps the biggest problem with sex offender registries is that they’re not just for sex-related crimes anymore.

An excellent example of this trend can be found in the Wisconsin case of State v. Smith, where Smith, a 17-year-old boy, made another 17-year-old boy go with him to collect a debt.  Smith was convicted of felony false imprisonment for this behavior and, because his “prisoner” was a minor, the state forced Smith to register as a sex offender.

And Scott Greenfield writes:

Of critical importance is that the court did not hold that the purpose of the sex offender registry is in any way directly related to sex, but rather “protecting the public and assisting law enforcement.” That pretty much covers everything in the world, except releasing Brett Favre when he still had life in his arm.

By decoupling sex from the sex offender registry, there’s no rational end to where legislatures can go. It’s invariably in the interest of protecting the public and, my personal favorite concern, assisting law enforcement to keep tabs on every person ever convicted of anything, anywhere, any time.

This is pretty horrifying — and the decision is pretty ridiculous. I wonder if this is partly a problem with having judges be elected; elected judges may have a strong incentive to be “tough on crime” and to not make any decision that could be misrepresented, in an election, as being soft on sex offenders. Or maybe Wisconsin judges are just cheeseheads.

It would be nice if the legislature would step in and fix some of the problems with sex registries, but that’s not too likely, either. Neither major party has shown any real interest in these sort of justice issues. A lot of this comes down to the American public, which seems very comfortable with injustice. At heart, we just don’t care if prisoners get raped and tortured, if people’s lives are unjustly ruined by misuse of sex offender registries, if prosecutors falsely prosecute innocent people, if police raids lead to dead dogs (and sometimes family members) because someone is suspected of smoking a joint, and so forth. And as long as we don’t care, why should our politicians?

Via The Agitator.

How The Death Penalty Makes False Convictions More Likely

Monday, December 27th, 2010 by Barry Deutsch

It Always Draws a Crowd

Let’s suppose that Suzy and Bobby had a business together, which they’re liquidating. They have to negotiate how they’ll split the business assets, and if they can’t reach an agreement, then they’ll have to go to trial.

Just one thing: If they go to trial, there’s a good chance that the judge is going to have Suzy put to death. There’s no chance Bobby will be put to death; only Suzy faces that possibility.

In that situation, I’d be willing to bet that Bobby walks away with most of the company assets. You can’t have a fair negotiation when one of the negotiating parties faces death if the negotiations fall through.

Daniel De Groot argues that the death penalty actually makes false confessions more likely, by giving police and prosecutors an unfair negotiating tactic: threaten suspects with death. Quoting Derek Tice, who confessed to a murder he almost certainly didn’t commit:

DEREK TICE: At least every, I’d say, 30 seconds [Police Detective] Ford was saying, “You keep saying you weren’t there, you keep lying to us, you’re going to die. You’re going to get the needle. How does it feel to die?” And after the nine hours, my thinking was my only options are tell him a lie, tell him what he wants to hear and live, or keep telling the truth and die.

Furthermore, the death penalty is such a strong negotiating technique, it can be used not just to induce false confessions but also false accusations:

MIKE FASANARO, ATTORNEY: [My client] Joe was facing the death penalty. The commonwealth approached me and asked me whether or not he might be interested in testifying on behalf of the commonwealth. In return, they would take the death penalty off the case, off the table. I approached Mr. Dick about it. I approached his parents about it. Based upon the evidence, based upon the personality of the client that I had, I considered that if we went to trial, the death penalty was a legitimate possibility.

You can’t blame the death penalty alone — venal and corrupt police, district attorneys who care more about being tough than serving justice, incompetent and overworked defense attorneys, and a justice system whose incentives all point in the wrong direction all contribute to false convictions. But it’s clear that the presence of the death penalty makes all other problems worse, by crippling the ability of defendants to fully fight for their own cases — just as Suzy, in my example, will not be able to strongly negotiate for her fair share of her business.

The particular case De Groot is discussing is pretty damn outrageous; I’d recommend going over and reading his post.

Pat Robinson Favors Legalizing Pot

Sunday, December 26th, 2010 by Barry Deutsch

Not often I agree with Pat Robinson about anything…

From The Independent:

“We’re locking up people that have taken a couple puffs of marijuana and next thing you know they’ve got 10 years with mandatory sentences,” Mr Robertson said on The 700 Club.

“I’m not exactly for the use of drugs, don’t get me wrong, but I just believe that criminalising marijuana, criminalising the possession of a few ounces of pot, that kinda thing … it’s costing us a fortune and it’s ruining young people,” Robertson went on. “Young people go into prisons, they go in as youths and come out as hardened criminals. That’s not a good thing.”

The article goes on to say that the right is moving towards legalization in general. That would be good news, if true:

The right is reconsidering its stance on America’s drug laws in part because of the rise of the Tea Party, which for many of its members is about libertarianism and thwarting government intrusions on personal choice.

It is also about fiscal responsibility – putting drug offenders in prison drains public coffers – and about a growing recognition that prohibition in the US is fuelling drug violence in Mexico, a reason cited by Mr Beck.

But then again:

In October, Newsweek magazine published the results of a survey suggesting that while 25 per cent of Republicans favoured legalising personal marijuana use (compared with 55 per cent for Democrats), that was up 7 percentage points compared with 2005 when the last such poll was taken.

So I wonder how much of the country would have to be in favor of decriminalization before it actually had a realistic change in state legislatures?