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by: Sduclos • November 20, 2012 • no comments

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==='''Why Arbitration Stymies Efforts to Discipline the Portland Police'''===
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==='''Portland Police Shoot 17-Year Old'''===
  
The [http://www.oregonlive.com/portland/index.ssf/2012/07/disciplining_portland_police_p.html Oregonian reported] Sunday on an ongoing issue with Portland Police discipline - arbitration tends to favor the cops in political cases. Although the union often chooses not to challenge a disciplinary action, when they do, arbitrators choose from a litany of options to overrule suspensions and other discipline. Namely, the police were acting according to their training, past officers were not disciplined as harshly, etc. Among ideas to change the system is a matrix system in which officers can know what to expect when they commit certain violations.
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Portland Police Officer Greg Moore shot the 17-year-old after he got out of his car, with his hands up, and ran. The officers had been conducting surveillance on an apartment in connection with witness intimidation when they saw the youth leave the building, openly carrying a gun. A second officer shot the young man with a beanbag gun, and a police dog bit the teen's wrist. The judicial referee ordered that the young man remain in custody. Read more in the [http://www.oregonlive.com/portland/index.ssf/2012/07/bullet_from_new_portland_polic.html Oregonian].
  
==='''FBI Reviewing Lab Work on THOUSANDS of Convictions'''===
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==='''John Brennan - Acquitted of Indecent Exposure'''===
  
The Justice Department and FBI will review thousands of convictions involving hair sample evidence. In April, the Washington Post identified two men wrongly convicted largely based on testimony of FBI scientists. Now, the DOJ is partnering with the Innocence Project to review the government's use of the lab analysis, which was repeatedly linked with wrongful convictions. Read more [http://www.kansascity.com/2012/07/11/3701141/fbi-to-review-lab-work-on-thousands.html here].
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Brennan shed his clothes April 17 at the Portland Airport, during a TSA security scan. He was charged with violating a city indecent exposure ordinance. Brennan testified at his trial that he undressed because he felt fed up with invasive TSA procedures. Judge Rees acquitted Brennan on the basis of free speech. Congrats to attorney Michael Rose. Read more in the [http://www.oregonlive.com/portland/index.ssf/2012/07/portlands_airport_stripper_joh.html Oregonian].
  
==='''Arbitrators Reverse Suspensions in Chasse Death'''===
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==='''Is Insanity Defense a Constitutional Right?'''===
  
The arbitrators did it again - this time, they dismissed the two-week suspensions against former Officer Christopher Humphreys and Sgt. Kyle Nice stemming from the death-in-custody of James P. Chasse Jr. in September 2006. According to the 60-page ruling, the officers had no way of knowing that Mr. Chasse, whom they Tasered, needed to go to the hospital. The arbitrators found that there was no evidence Chasse suffered from "hyper stimulation and/or agitated delirium," as his vital signs showed no elevated heart rate, blood pressure, temperature or respiration. Humphreys says he looks forward to serving as Wheeler County Sheriff. Oregonian article [http://www.oregonlive.com/portland/index.ssf/2012/07/arbitrator_tells_portland_it_m.html here].
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A new petition for cert before the US Supreme Court argues that Idaho and other states' refusal to recognize insanity as a defense violate defendants' rights to due process. Mr. Delling pleaded guilty in Idaho to second-degree murder, and he was sentenced to life imprisonment although the trial judge found that Delling did not have the "ability to appreciate the wrongfulness of his conduct." 52 Criminal Law and Mental Health Law Professors filed an Amicus in support, available [http://www.scribd.com/doc/100426635/Insanity-Defense <u>here</u>]. The [http://www.washingtonpost.com/politics/supreme-court-is-asked-to-find-that-insanity-defense-is-a-constitutional-right/2012/07/22/gJQAKNbr2W_story_1.html Washington Post] article gives some helpful background on the case and general state of the insanity defense cross-country.
  
==='''New Report - Decriminalization of Drug Possession Doesn't Increase Use'''===
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==='''Washington Supreme Court Orders Limit on Public Defender Case Loads'''===
  
A new [http://www.release.org.uk/publications/drug-decriminalisation-policies-in-practice-across-the-globe report], published by "Release," a UK research group focused on drug laws and use, reviewed the evidence in 21 countries that have adopted some form of decriminalization. The report found that those countries did not see a serious impact on drug use but a huge impact on the use of arrests and prisons. Dr. Ernest Drucker of Columbia's Mailman School of Public Health provides his opinion in [http://www.huffingtonpost.com/ernest-drucker/decriminalization-of-drug_b_1656045.html HuffPo].
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The order requires public defenders to certify that they meet certain standards, including qualifications of the attorney and caseload limits. The standards limit caseloads to 400 misdemeanors or 150 felonies or 250 juvenile cases per year. To respond to the order, cities and counties will either need to divert some nonviolent cases or hire more attorneys. Read more in the [http://seattletimes.nwsource.com/html/opinion/2018718887_guest19boruchowitz.html Seattle Times].
 
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{{wl-publish: 2012-07-23 09:57:12 -0700 | sduclos }}
{{wl-publish: 2012-07-16 00:45:59 -0700 | sduclos }}
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Revision as of 19:11, December 21, 2012

Contents

Portland Police Shoot 17-Year Old

Portland Police Officer Greg Moore shot the 17-year-old after he got out of his car, with his hands up, and ran. The officers had been conducting surveillance on an apartment in connection with witness intimidation when they saw the youth leave the building, openly carrying a gun. A second officer shot the young man with a beanbag gun, and a police dog bit the teen's wrist. The judicial referee ordered that the young man remain in custody. Read more in the Oregonian.

John Brennan - Acquitted of Indecent Exposure

Brennan shed his clothes April 17 at the Portland Airport, during a TSA security scan. He was charged with violating a city indecent exposure ordinance. Brennan testified at his trial that he undressed because he felt fed up with invasive TSA procedures. Judge Rees acquitted Brennan on the basis of free speech. Congrats to attorney Michael Rose. Read more in the Oregonian.

Is Insanity Defense a Constitutional Right?

A new petition for cert before the US Supreme Court argues that Idaho and other states' refusal to recognize insanity as a defense violate defendants' rights to due process. Mr. Delling pleaded guilty in Idaho to second-degree murder, and he was sentenced to life imprisonment although the trial judge found that Delling did not have the "ability to appreciate the wrongfulness of his conduct." 52 Criminal Law and Mental Health Law Professors filed an Amicus in support, available here. The Washington Post article gives some helpful background on the case and general state of the insanity defense cross-country.

Washington Supreme Court Orders Limit on Public Defender Case Loads

The order requires public defenders to certify that they meet certain standards, including qualifications of the attorney and caseload limits. The standards limit caseloads to 400 misdemeanors or 150 felonies or 250 juvenile cases per year. To respond to the order, cities and counties will either need to divert some nonviolent cases or hire more attorneys. Read more in the Seattle Times.