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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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==='''Death - Cheaper, Faster, and More Dangerous'''===
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==='''Release Your Elders'''===
  
A [http://www.latimes.com/news/opinion/commentary/la-oe-liebman-death-penalty-deluna-20120601,0,7769848.story recent ][http://www.latimes.com/news/opinion/commentary/la-oe-liebman-death-penalty-deluna-20120601,0,7769848.story Op-Ed by James Liebman] in the LA Times describes why the debate about abolishing the death penalty should focus beyond the financial cost of the death penalty. Liebman talks directly about his research into Texas's wrongful execution of Carlos DeLuna who was swept through the death penalty system in just six years. Turns out all that due process and appeals process stuff exists for a reason.
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The ACLU just released a [http://www.aclu.org/files/assets/elderlyprisonreport_20120613_0.pdf new report] that found that states would save an average of more than $66,000 per year for each low-risk inmate over 50 released early, even when post-release costs are accounted for. The report also details how prisoners over 50 are likely to cost more than younger inmates and are less likely to re-offend after release. Read the summary on [http://usnews.msnbc.msn.com/_news/2012/06/13/12207601-aclu-states-could-save-billions-by-releasing-some-elderly-prisoners?lite MSNBC].
  
==='''Incarceration Breaking the Bank'''===
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==='''Pennsylvania PDs Sue the County'''===
  
A [http://www.pewstates.org/research/reports/time-served-85899394616?p=1 study] released by the Pew Charitable Trust calculates the (direct) costs of incarcerating people for longer terms. They found that overall $10 billion was spent on increased sentences in 2009. [http://www.pewstates.org/research/state-fact-sheets/time-served-in-oregon-85899396385%20 In Oregon] alone, that number was $121.5 million. Meanwhile, public opinion polls demonstrate general support for reducing sentences for non-violent offenders.
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Luzerne County Pennsylvania is a classically underfunded, understaffed, and overworked public defender's office. After a series of complaints and concerns from his PDs that they might let something slip or violate someone's right to effective assistance of counsel, Chief Public Defender Al Flora, Jr. decided to stop it. First, his office began refusing new case assignments to catch up. Three months later, he filed a class-action suit seeking an injunction and asking for more resources for his office. Read more in [http://www.huffingtonpost.com/2012/05/30/pennsylvania-public-defenders_n_1556192.html?ref=topbar#s=1105050 HuffPo].
  
==='''Michael Morton DA - Remember this guy?'''===
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'''Stop and Frisks' Disproportional Impact on LGBTQ Community'''
  
He's OUT! Last April, Texan Michael Morton was exonerated after 25 years in prison. (see related post [[https://libraryofdefense.org/Criminal_Defense_News_of_the_Week-6 here]]). Now, the DA that spent 25 years keeping him in, every step of the way, just lost his seat as DA. Woopie! Read more in the[http://www.statesman.com/news/texas/texas-da-linked-to-wrongful-conviction-out-of-2387823.html AP article].
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As protests against NY stop and frisk policies grow, new voices are joining the fold to show how the practice disproportionally impacts marginalized groups. A [http://www.huffingtonpost.com/2012/06/15/stop-and-frisk-gay-blacks-latinos-transgender-nypd_n_1599470.html?utm_hp_ref=black-voices new article] in the Huffington Post details the discrimination and abuse faced by LGBTQ Blacks and Latinos. Unlike other targeted groups, transgender and gender-nonconforming people are profiled as sex workers, sexually harassed, and suspected of giving fake identification when their IDs do not conform to their gender.
  
==='''Louisiana Mass Incarceration - On the Cheap'''===
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==='''Rodney King - Famous Drug Addict, WHAT?!'''===
  
If that Pew report bothered you, here's one crazy solution: jail for profit! Pay half the average rate per prisoner on rooms, beds, and services. Meanwhile, make sheriff hires contingent on out-sourcing to the lowest bidder. A new [http://www.nola.com/prisons/ exposé by The Times-Picayune of New Orleans] describes the strange logic between imprisoning-for-profit and the consequences it has on the political push for tougher sentences in Louisiana. Fresh Air also has a fascinating [http://www.npr.org/2012/06/05/154352977/how-louisiana-became-the-worlds-prison-capital interview of the reporter, Cindy Chang].
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The reports on Mr. King's death are eye-opening about how the media (and presumably the public, the jury pool) view people living with addiction. These were within the first few sentences reported on Mr. King's death by NYT and LA Times:
{{wl-publish: 2012-06-10 18:44:18 -0700 | sduclos }}
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"He was a drunk, unemployed construction worker on parole when he careened into the city's consciousness in a white Hyundai early one Sunday morning in 1991" - [http://www.latimes.com/news/local/la-me-0618-rodney-king-20120618,0,4523043.story LA Times]
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"Mr. King, whose life was a roller coaster of drug and alcohol abuse, multiple arrests and unwanted celebrity, pleaded for calm during the 1992 riots." - [http://www.nytimes.com/2012/06/18/us/rodney-king-whose-beating-led-to-la-riots-dead-at-47.html?pagewanted=all NYT]
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Surprisingly, [http://www.cnn.com/2012/06/17/us/obit-rodney-king/index.html%20 CNN ]was the first article I saw that did not preface Mr. King's story by harping on addiction issues and criminal history. They addressed the issue later in the piece. Is having a criminal history really that inconsistent with having valuable civil rights?
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{{wl-publish: 2012-06-18 09:25:27 -0700 | sduclos }}

Revision as of 19:10, December 21, 2012

Release Your Elders

The ACLU just released a new report that found that states would save an average of more than $66,000 per year for each low-risk inmate over 50 released early, even when post-release costs are accounted for. The report also details how prisoners over 50 are likely to cost more than younger inmates and are less likely to re-offend after release. Read the summary on MSNBC.

Pennsylvania PDs Sue the County

Luzerne County Pennsylvania is a classically underfunded, understaffed, and overworked public defender's office. After a series of complaints and concerns from his PDs that they might let something slip or violate someone's right to effective assistance of counsel, Chief Public Defender Al Flora, Jr. decided to stop it. First, his office began refusing new case assignments to catch up. Three months later, he filed a class-action suit seeking an injunction and asking for more resources for his office. Read more in HuffPo.

Stop and Frisks' Disproportional Impact on LGBTQ Community

As protests against NY stop and frisk policies grow, new voices are joining the fold to show how the practice disproportionally impacts marginalized groups. A new article in the Huffington Post details the discrimination and abuse faced by LGBTQ Blacks and Latinos. Unlike other targeted groups, transgender and gender-nonconforming people are profiled as sex workers, sexually harassed, and suspected of giving fake identification when their IDs do not conform to their gender.

Rodney King - Famous Drug Addict, WHAT?!

The reports on Mr. King's death are eye-opening about how the media (and presumably the public, the jury pool) view people living with addiction. These were within the first few sentences reported on Mr. King's death by NYT and LA Times:

"He was a drunk, unemployed construction worker on parole when he careened into the city's consciousness in a white Hyundai early one Sunday morning in 1991" - LA Times

"Mr. King, whose life was a roller coaster of drug and alcohol abuse, multiple arrests and unwanted celebrity, pleaded for calm during the 1992 riots." - NYT

Surprisingly, CNN was the first article I saw that did not preface Mr. King's story by harping on addiction issues and criminal history. They addressed the issue later in the piece. Is having a criminal history really that inconsistent with having valuable civil rights?