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Criminal Defense News of the Week

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This wikilog article is a draft, it was not published yet.

by: Sduclos • November 20, 2012 • no comments

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'''Less Solitary Confinement = Safer Prisons'''
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'''Cell Phone Tracking and the 4<sup>th</sup> Amendment'''
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Hundreds of state and local police departments track cell phones with little or no judicial oversight. Although many departments require warrants to track phones in non-emergencies, others claim broad discretion to get the records on their own. Many departments try to keep tracking secret to avoid public and legal scrutiny. [http://www.nytimes.com/2012/04/01/us/police-tracking-of-cellphones-raises-privacy-fears.html NYT article here.]
  
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In the face of §1983 lawsuits, economic pressure, and growing humanitarian criticism, Mississippi prisons made a big change to their solitary confinement system. Just when prison violence was increasing, they decided to decrease, rather than increase restrictions. Those inmates that could be transferred to general population were transferred and those that could not were given increased privileges and more time away from their cells. The result? [http://www.nytimes.com/2012/03/11/us/rethinking-solitary-confinement.html?_r=3&pagewanted=4&ref=opinion Huge success].
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'''The State of Indefinite Detention for Sexual Offenders'''
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Six years ago, Congress passed a law to allow the government to commit and detain sexual offenders indefinitely. The process is messy and idiosyncratic. So far, the DOJ was won court approval for detaining 15 men, and has either lost or dropped its cases against 61 of the 136 men it sought to detain. Dozens more are waiting for a court decision. [http://www.usatoday.com/news/nation/story/2012-03-13/dangerous-sexual-predators-detained/53621210/1 Article here].
  
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'''US v. Jones''' - '''What Will the FBI Think of Next?'''
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'''Arbitrator Rules That Aaron Campbell's Shooter Should Not Have Been Fired from PPB'''
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[http://news.opb.org/article/ruling-says-officer-shouldnt-have-been-fired/ An independent arbitrator decided] that Officer Ron Frashour should be reinstated, with back pay after shooting Aaron Campbell. Mayor Adams says the City will appeal the decision.
  
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Earlier this year, in US v. Jones, SCOTUS determined that a GPS tracker on the car of a suspected drug dealer without getting a search warrant violated the Fourth Amendment. However, the case reached a precarious balance and came at a time that the FBI was increasingly relying on this and similar investigation techniques. [http://www.npr.org/2012/03/21/149011887/fbi-still-struggling-with-supreme-courts-gps-ruling NPR discusses the impact] of US v. Jones on the FBI's investigation practices.
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'''Higher Demand for Prison Beds in Washington and Oregon'''
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[http://news.opb.org/article/oregon_washington_anticipate_higher_demand_for_prison_beds/ Oregon DOC predicts] it will need housing for 2,000 more inmates by 2020. The rising number of projected prisoners is largely a function of increased sentencing laws, particularly Measure 57, approved by voters in 2009.
  
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'''SCOTUS Hears Arguments on Juveniles Sentenced to Life Without Parole'''
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'''Former PPB Officer Christopher Humphreys Runs for Wheeler Co. Sheriff'''
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Humphreys faced public scrutiny for two separate PPB incidents in 2006 and 2009 (wrongful death and excessive force). [http://www.oregonlive.com/portland/index.ssf/2012/03/controversial_former_portland.html#incart_mce Now, he's running for Sheriff].
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Last week, SCOTUS heard two cases about the constitutionality of a life sentence for a juvenile. The Court's questions suggest that a broad ruling is unlikely, there may be room for success on the narrower question: whether a ''mandatory'' life sentence is unconstitutional because the jury cannot consider the defendant's age, background or intent. [http://www.npr.org/2012/03/20/149020533/supreme-court-considers-life-sentences-for-juveniles NPR reviews the arguments].
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{{wl-publish: 2012-04-01 15:42:40 -0700 | sduclos }}
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'''NYPD Monitors Protestors &amp; Mosques with Judicial Permission'''
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Before 9/11, infiltrating political groups was one of the most tightly controlled powers the NYPD could use. After the attacks, a federal judge allowed NYPD to monitor entire Muslim neighborhoods, mosques, restaurants and law-abiding protesters in the name of preventing future terrorist attacks. NYPD's practices include attending rallies, mosques, websites, and even tracking responses in African American communities to verdicts in a police shooting. [http://www.guardian.co.uk/world/2012/mar/23/nypd-intelligence-monitored-liberal-groups Read the article here].
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{{wl-publish: 2012-03-27 09:26:13 -0700 | sduclos }}
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Revision as of 17:30, December 21, 2012

Cell Phone Tracking and the 4th Amendment Hundreds of state and local police departments track cell phones with little or no judicial oversight. Although many departments require warrants to track phones in non-emergencies, others claim broad discretion to get the records on their own. Many departments try to keep tracking secret to avoid public and legal scrutiny. NYT article here.

The State of Indefinite Detention for Sexual Offenders Six years ago, Congress passed a law to allow the government to commit and detain sexual offenders indefinitely. The process is messy and idiosyncratic. So far, the DOJ was won court approval for detaining 15 men, and has either lost or dropped its cases against 61 of the 136 men it sought to detain. Dozens more are waiting for a court decision. Article here.

Arbitrator Rules That Aaron Campbell's Shooter Should Not Have Been Fired from PPB An independent arbitrator decided that Officer Ron Frashour should be reinstated, with back pay after shooting Aaron Campbell. Mayor Adams says the City will appeal the decision.

Higher Demand for Prison Beds in Washington and Oregon Oregon DOC predicts it will need housing for 2,000 more inmates by 2020. The rising number of projected prisoners is largely a function of increased sentencing laws, particularly Measure 57, approved by voters in 2009.

Former PPB Officer Christopher Humphreys Runs for Wheeler Co. Sheriff Humphreys faced public scrutiny for two separate PPB incidents in 2006 and 2009 (wrongful death and excessive force). Now, he's running for Sheriff.

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