Wednesday, November 26, 2008

Wanted: Better Judgment, Fewer Crowd-Pleasers and Lickspittles

Should judges be elected or appointed? In the case of international courts, this age-old conundrum has a new twist.

From The Economist:

Barack Obama wasn’t the only person selected by American voters this month. They also cast ballots for thousands of state-court judges, after expensive, rancorous campaigns. No other nation in the world chooses judges by this stirringly democratic method, as Sandra Day O’Connor—the first woman to sit on the Supreme Court—has noted. In her view, that is because most countries know “you’re not going to get fair and impartial judges that way.”

Barring a few Swiss cantons, the elevation of judges by popular vote is indeed rare. But in international tribunals, from the International Court of Justice (better known as the World Court) to the European Court of Human Rights, judges are typically elected—albeit by national representatives, not popular franchise. And as with the American system, there is no guarantee that such ballots will produce individuals who are qualified or honest. As a result, decisions affecting millions of lives can be taken by questionable people: “government hacks and lickspittles, with little or no judicial experience, who have demonstrated their loyalty to their governments by defending the unconscionable,” as one human-rights lawyer puts it.

Full story here.

From KCCI

A man accused of transporting illegal immigrants from Arizona to Iowa has pleaded guilty to a federal immigration charge.
     
The U.S. attorney's office says Jose Trujillo-Perez, of Mexico, admitted to knowingly transporting five illegal immigrants on November  5th.
     
Trujillo pleaded guilty on Tuesday to one count of transportation of illegal aliens in U.S. District Court in Sioux City.

Full story here.

President-Elect Obama Doesn't Want to Break the Blackberry Habit


President Elect does not want to give up his Blackberry Habit. With Blackberry's litany of convenient features, the President to be stays plugged in and who could blame him.

From New York Daily News

The President-elect tells ABC News' Barbara Walters in an interview airing Wednesday night that he's trying to talk the Secret Service and others into letting him keep his wireless device.

Authorities fear hackers could break into his inbox and harvest data that's potentially damaging to national security.

"This is a problem," Obama said with a laugh in the interview to be broadcast on Channel 7 at 10 p.m. Still, he thinks keeping his BlackBerry at hand will allow him to keep a better handle on his job.

2008 Election Night in Brooklyn



Another handy use for the camera cell phone. Too bad it had to be used to film the break-up of a peaceful celebration

Amnesty International Animation - UN Vote

In anticipation of International Human Rights Day December 10th.

Tuesday, November 25, 2008

American Bar Association Speaks on Public Defender $ Woes

From Five Boroughs Defense
ABA Crim Committee Chair On PD Woes.
November 21st, 2008 · No Comments · Uncategorized

New York Times

November 21, 2008

Forty-five years after the Supreme Court’s landmark ruling established a defendant’s constitutional right to counsel in state criminal proceedings, that crucial right is hanging by a tattered thread.

Public defenders’ offices always have been underfinanced and overburdened. With state revenues in free fall, the problem is reaching crisis proportions and creating a legal and moral challenge for the criminal justice system, state legislatures and the legal profession.

Statewide public defenders in Kentucky and Minnesota and in cities such as Miami and Atlanta have been forced by budget cuts to fire or furlough lawyers. In at least seven states, public defenders’ offices are refusing to take on new cases or have sued to limit them. They argue that budget cuts and rising case loads undermine their ability to provide adequate representation.

In a disturbing example of legal triage, a Florida judge ruled in September that the public defenders’ office in Miami-Dade County could refuse to represent many poor defendants arrested on lesser felony charges so that its lawyers could provide a better defense for other clients. Behind the ruling were some chastening statistics: Over the past three years, the average number of felony cases handled by each lawyer rose from 367 annually to nearly 500. Misdemeanor case loads rose from 1,380 to 2,225.

Public defenders’ offices all over the country are reporting similar problems. The immediate result is that innocent defendants may feel pressure to plead guilty. There also is an increased risk of wrongful conviction, which means that the real offenders would go free.

With states struggling to come up with financing for schools and hospitals, we fear politicians are unlikely to argue for significantly more money for public defenders’ offices. To solve the immediate crisis, new sources of support would have to be found — quickly.

One approach would be for states to increase the registration fees charged to lawyers. The private bar also must significantly expand pro bono representation. Such efforts alone cannot fill the gap. Ultimately, government must take responsibility. All defendants, rich or poor, have the right to competent legal counsel.

Robert Snoddy
Outreach Coordinator
ABA Criminal Justice Section
202/662-1516

Judge Orders Release of Five Guantanamo Detainees

From ACLU Blog
On November 20th, a federal judge ordered the release of the five Algerian detainees who have been held at Guantanamo for nearly seven years without charges. The judge also ruled that the government may continue to hold another one of the Algerians indefinitely.

For more on Guantánamo Bay Prison and why it should be closed, check out www.closegitmo.com

Monday, November 24, 2008

Gwinnett County Detention Jail Inmate Population Statistics

The following information details the inmate population of the Gwinnett County Jail since it opened in 1991. Prior to 1991, jail records were not computerized and are no longer available. Jail records have been kept electronically since 1991, but some information prior to 2000 is not complete due to conversions and other technical changes made throughout the years.

Albuquerque Police Want Ad: We Need Snitches

AP - The Albuquerque Police Department has turned to the want ads for snitches. An ad this week in the alternative newspaper The Alibi asks "people who hang out with crooks" to do part-time work for the police.

It reads in part: "Make some extra cash! Drug use and criminal record OK." Capt. Joe Hudson says police received more than 30 responses in two days. He says one tip was a "big one" but wouldn't elaborate.

An informant whose tip helps officers arrest a drug dealer could earn $50. A tip about a murder suspect could bring up to $700. It's not the first time department has run ads. In a program 10 years ago, police received so many calls they turned the phones off.

Full story here.

Wednesday, November 19, 2008

McJustice?


The 2009 proposed budget that reduces the number of public defenders in Seattle, Washington, prompted Public Defender Kelly Canary to call the proposal "McJustice". The King County Proposal would allow for an "expedited felony" docket with four 1/2 time attorneys: for each case, an attorney would handle 725 expedited felonies which would allow for a total time of one hour and twenty minutes per client. 

King County is not the only place where the cost of doing justice does not include quality counsel for the accused. Seven states are refusing to take on new cases or have sued to limit them. In Georgia, several human rights organizations demanded that the state spend more money on death penalty defense counsel so that those accused of capital murder get adequate defense. Meanwhile, in Minnesota, public defenders stopped accepting cases in child protection cases. In Florida, budget cuts are forcing some offices to stop accepting clients facing lesser charges. Michigan public defenders have also referred to the system as "McJustice", and New York has referred to the assembly line approach. Full article here.

But what do we do with that pesky Constitutional guarantee that the accused has the right to counsel which, in order to be meaningful, must including proper investigation and zealous advocacy? McJustice?...then we want fries with that.

Eric Holder as next Attorney General

This from Sentencing Law and Policy regarding Eric Holder as President-Elect Obama's pick as Attorney General.

1. Race: The import and impact of racial issues in all aspects of the work of the federal Justice Department (both criminal and civil) should not be overlooked, even though war on terror and political issues have dominated modern DOJ and AG discussions. An appointment of the first African-American Attorney General is therefore noteworthy and important for many reasons. And, while many aspire for post-racial dialogues about crime and justice, the interplay between race and justice will be that much more salient when Eric Holder becomes the nation's top cop.

2. Tough: Jeff Rosen wisely notes here that, because Holder "has impeccable credentials as a tough-on-crime prosecutor," he might be uniquely positioned to achieve a "Nixon in China on Crime." While many might be concerned about his past connection to all the tough-on-crime posturing during the Clinton Administration, that very background might give him a unique ability and unique credibility if and when he tries to turn the corner on "tough-on-crime" in an effort to now be "smart-on-crime."

3. Tech: I was pleased to learn during this NPR segment that Holder is, according to a close friend, "a technology junkie." As some of my regular technocorrections blogging helps to highlight, I expect some of the hardest and most unpredictable crime and justice issues on the horizon will involve technology issues. Whatever his policy positions or instincts, the fact that Holder has an affinity and comfort with technology should be a great assert for his new job.

FBI Agents Call for Release of "Norfolk Four"

A group of more than two dozen retired FBI agents have requested the state of Virginia to pardon four men who say they were wrongfully convicted of a murder of a nineteen year old woman in 1997. The "Norfolk Four" are four Navy men who say they falsely confessed to involvement in the rape and murder of the girl. Forensic evidence at the scene suggested the presence of just one man; a man named Omar Ballard confessed to the murder after the conviction of the four sailors; and most importantly, DNA evidence supports that Omar Ballard alone committed the crime. Nevertheless, three of the four "Norfolk Four" are still in prison. 
The FBI Agents sent a letter back in July requesting the Virginia Governor pardon the men; on November 10, 2008, the FBI men held a press conference after not receiving a response on the letter.
At the news conference, Cochran said the Richmond chapter of the retired FBI agents was approached by the lawyers for the Norfolk Four with a request to 
examine the case. They were not paid. He said that they brought a skepticism to the case that is natural for a group of men with 700 collective years in law enforcement and that "the best interests of justice demanded that we speak out."

Cochran said the agents did not meet or speak with the Norfolk prosecutors or investigators who handled the case. Those officials have maintained that all five men convicted in the case were properly prosecuted.

The confessions given by the four convicted sailors conflicted with the physical evidence, Cochran and the other agents said.

Retired agent Thomas O'Donnell said the confessions were obtained under duress by Detective Glen Ford and that Ford was later "disciplined and demoted for having elicited false confessions" in another case. He said this case caused Norfolk police to begin videotaping interrogations. Ford has denied coercing any confessions.

Full article here from The Washington Post

An evaluation done by Dr. Richard Ofshe is a useful primer in the problems that existed with the coercive interrogation techniques used in the case and can be a useful starting point for evaluating your own confession cases. Look also at The Innocence Project's materials on false confessions in the story of the Norfolk Four case.

Secret Gitmo Camp Opened to Defense Lawyers

From ABC News:

The prosecutors, without providing details about the camp, deny Binalshibh's allegations and say he is not subjected to "prolonged" isolation.

"He has available to him outdoor recreation, socialization with a recreation partner, the ability to exercise, access to library books twice a week, the privilege of watching movies and may meet with his attorneys upon request should he so choose," prosecutors wrote in a motion opposing the defense request to see his conditions.

Binalshibh and four other Guantanamo detainees have been charged in the attacks that killed 2,973 people, the bloodiest terrorist strikes ever on U.S. soil. The charges carry a possible death sentence.

Full story here.

Anger in the Workplace: Understanding the Causes of Aggression and Violence

How does anger affect organizational dynamics in the workplace? Seth Allcorn looks to answer this question and other related issues in his book “Anger in the Workplace: Understanding the Causes of Aggression and Violence.” Allcorn discusses anger from 360 perspective looking first at the origns of the anger and then looking how anger affects the self and others in the workplace.


This book is a good tool for anyone who has anger management issues or those who work with people that have anger management issues.

Murder Suspect Has Witness: A MetroCard

From the New York Times:

When Jason Jones was arrested in a fatal shooting in the Bronx in May, he told the police that he had been nowhere near the scene. He said he had left work, ridden the bus with some co-workers and cashed his paycheck, and later had taken a subway to see his girlfriend.

Federal prosecutors charged Mr. Jones and his older brother, Corey, in the shooting, saying they had killed the victim because he had been a government witness in drug and gun cases. Both men could face the death penalty if the government decides to seek it.

But in recent weeks, the case has taken an extraordinary turn — because of Jason Jones’s MetroCard.

Full Story here.

Monday, November 17, 2008

ACLU Praises Obama's Plan To Close Guantánamo

The American Civil Liberties Union strongly praises President-elect Barack Obama's promise on CBS' "60 Minutes" Sunday night to close down Guantánamo and its unconstitutional military commissions being used to prosecute detainees.


"After eight years of a Bush administration that thumbed its nose at the Constitution and the rule of law, it is incredibly gratifying that President-elect Obama plans to put an end to the Guantánamo prison camp and its sham military commission system which have been a stain on America's name at home and abroad. We strongly urge him to take such action on Day One with the stroke of a pen, by executive order," said Anthony D. Romero, Executive Director of the ACLU. "The Bush military commissions that violate core constitutional principles and rely on hearsay, secret evidence and evidence obtained through torture have no place in our democracy. Federal civilian or military courts are perfectly capable of handling terrorism prosecutions and accommodating sensitive national security concerns, as has been demonstrated time and time again."

Full story here.

Thursday, November 13, 2008

Honolulu Police Department Records

Honolulu Police Department
ATTN:  Records
801 South Beretania Street
Honolulu, Hawaii 96813

General Information Line:  808.529.3111

Hawaii County Police Records

To obtain police records from the Hawaii County Police Department contact:
 
East Hawaii: 808.961.2233
West Hawaii:  808.326.4646, #256

FBI Targets Mortgage Fraud in Hawaii

We are going to be seeing more and more of these types of cases in the coming months.

From the Honolulu Advisor

The FBI has opened multiple mortgage fraud investigations in Hawai'i as a result of the fallout from the nation's subprime mortgage crisis, the bureau's director said yesterday.

FBI Director Robert S. Mueller III, speaking to reporters on a stopover following a trip to Asia, confirmed the subprime mortgage mess has reached Hawai'i.

"It is a substantial problem. We have several investigations ongoing here in Hawai'i," said Mueller, speaking at the FBI's Honolulu office. "There is not a state in the country that is not dealing with this. We generally have investigated and successfully prosecuted these individuals."

Full article here.

Wednesday, November 12, 2008

Close Gitmo Campaign


The ACLU has announced its Close Gitmo campaign, quoting President-Elect Obama's promise to "close Guantánamo, reject the Military Commissions Act, and adhere to the Geneva Conventions.” Amen!
The ACLU and Brave New Foundation are collaborating on videos containing direct testimony from those with firsthand knowledge of the system of injustice that thrives at Gitmo. This is one in the series.

Obama on Sentencing

This thoughtful post from Sentencing Law and Policy
"Obama on Drugs: Should reformers dare to hope?"

The title of this post is the title of this piece by Jacob Solum at Reason. It is mainly focused on marijuana policies, though it ends with this notable realpolitik reminder of administrations past:

The main danger with Obama is that his history of drug use, instead of making him more open to reform, will make him anxious to show he's tough on drugs. Something like that seems to have happened with Bill Clinton, who bragged about ever-escalating drug war budgets and threatened doctors who recommended marijuana to their patients with jail, trampling the First Amendment in his rush to prove his anti-drug bona fides.

"We are going to continue to find ways within the administration to fight legalization and the notion of legalization," a key Clinton drug policy adviser said in defense of this unconstitutional policy, which ultimately was overturned by a federal appeals court. "We're against the message that [California's medical marijuana initiative] sends to children." Who was this zealous drug warrior, eager to forcibly suppress "the notion of legalization" in the name of protecting children? Rahm Emanuel, Obama's chief of staff.

For lots of reasons, I am cautiously optimistic that the coming Obama Administration will have a much, much better approach to criminal justice drug law and policy than did the Clinton Administration. Nevertheless, as this piece by Jacob Solum highlights, few persons in power inside the beltway in DC has shown significant courage or long-term insight on these political hot-button issue. That said, I will still dare to hope for real change in the coming years.

Tuesday, November 11, 2008

Change.gov


Another first from President Elect Obama: change.gov, a website that contains news, plans for the administration, a blog, a countdown to the inauguration and more. You can even apply for a job in the administration! It will be added to the resources here for a permanent link to the new executive branch.

Remembering Veterans/Armistice Day

Monday, November 10, 2008

Did We Say Confront "Witnesses"?


Today, the United States Supreme Court heard argument in Melendez-Diaz v. Massachusetts (07-591). A central issue in the case is whether a crime lab report is, in itself, a form of testimony. Appearing for Melendez-Diaz is Jeffrey Fischer of Crawford v. Washington fame. Melendez-Diaz was convicted in Massachusetts of drug trafficking: evidence admitted during his trial included a crime lab report that concluded that the substance discovered was cocaine. No live chemist testified, and the trial judge told the jury that it could rely on the chemist’s reports as proof that the substance seized contained cocaine. Forty-four states and the District of Columbia allow drug lab reports to be admitted in lieu of live testimony.

Melendez-Diaz is arguing that crime lab reports should not be admitted without a witness as reports are prepared by law enforcement for criminal trials and can be fraught with error-the reports, and the witnesses that prepare them, should be subject to the rigors of cross-examination.

Click here for a summary of argument and ScotusWiki for briefing. Click here for more information on Forensic Lab problems. The right to confront witnesses means more than the right to confront pieces of paper.

Thursday, November 6, 2008

Hope Springs Eternal: Criminal Justice Policy Roadmap for New Administration

A coalition of twenty organizations announced the publication of a catalog of key criminal justice issues and policy recommendations for the next administration and congress. The catalog, available here, identifies 43 criminal justice priorities in 15 issue areas. A sampling of topics includes: Overcriminalization of Conduct and Overfederalization of Criminal Law; federal law enforcement reform; forensic science reform; federal sentencing reform; innocence issues; prison reform and successful reentry programs; and public defense reform.

The ACLU also announced a to-do list for President-Elect Obama of priorities for the next administration. Some issues that need addressed? Closing Guantanamo, torture, and warrantless spying to start.

Yes We Can!

Tuesday, November 4, 2008

A Change is Gonna Come...



Congratulations to Senator Barack Obama, the President Elect of the United States.

Holy Fuck!

From the New York Times:

Barack Hussein Obama was elected the 44th president of the United States on Tuesday, sweeping away the last racial barrier in American politics with ease as the country chose him as its first black chief executive.

Mr. Obama’s election amounted to a national catharsis — a repudiation of a historically unpopular Republican president and his economic and foreign policies, and an embrace of Mr. Obama’s call for a change in the direction and the tone of the country. But it was just as much a strikingly symbolic moment in the evolution of the nation’s fraught racial history, a breakthrough that would have seemed unthinkable just two years ago.

Full story here.

The World Is Watching...

Sunday, November 2, 2008

Attorney: Nevada Gov. Gibbons cleared in FBI probe

(AP) — An attorney for Nevada Gov. Jim Gibbons says the first-term Republican has been cleared of wrongdoing in an FBI corruption investigation.

Gibbons, a former congressman, has been under Justice Department investigation for years. But defense attorney Abbe Lowell says prosecutors recently informed him that Gibbons would face no charges. He says the Justice Department acknowledges there's no evidence of wrongdoing by Gibbons.

The FBI had been investigating whether Gibbons improperly received gifts from a software company that received military contracts while he was in Congress. Gibbons has steadfastly denied any wrongdoing.

Bolivia Suspends U.S. Backed Antidrug Efforts

(AP) - President Evo Morales of Bolivia on Saturday suspended antidrug operations sponsored by the United States as Washington’s relations with his leftist government spiraled downward.

Mr. Morales accused the United States Drug Enforcement Administration of espionage and of financing “criminal groups” trying to undermine his government. He also declared in his address that his government had eradicated more than 12,000 acres of illegally planted coca so far this year — the minimum required under a 1988 law.

The full article can be found here.