j u s t c r i m

one in 100 - mass incarceration

Levy-Pounds, Nekima, Can These Bones Live? A Look at the Impacts of the War on Drugs on Poor African-American Children and Families (2009). Hastings Race & Poverty Law Journal, Forthcoming; University of St. Thomas Legal Studies Research Paper No. 09-30. Available at SSRN: http://ssrn.com/abstract=1519089

"It is no secret that there is currently an incarceration crisis in America. A Pew Report issued in February of 2008 [See, One in 100] proved one of our worst fears, as the United States now has the highest rate of incarceration in the world. In fact, according to the report, one in every one hundred adult Americans is presently incarcerated. One has to look no further than the last twenty years to identify the source of the boom in our nation’s prison population: Namely, the war on drugs..."

86'd

86'd: [EX PARTE BOBBY WAYNE WOODS] performance on the Cal. Short Form exam earned him an IQ of 86..." http://tinyurl.com/yl5dvfc

"The State of Texas executed death row inmate Bobby Wayne Woods [TDCJ profile] by lethal injection Thursday, over the objections of lawyers who argued Woods was mentally impaired and thus could not be executed under federal law. Defense lawyers argued that Woods's IQ fell below 70, a number used generally as a threshold for mental retardation. The Texas Court of Appeals rejected this argument opinion,linked above] , citing evidence that Woods' IQ was as high as 86 ..."

JURIST: Legal News & Research - "Texas executes death row prisoner despite mental impairment defense" (Steve Dotterer)

An IQ of 70 is considered the threshold for mental impairment [AP]

"gonna go to slidell ... " | sentencing horror stories

Slidell man sentenced to 100 years in prison for possessing child porn [By Benjamin Alexander-Bloch.  December 03, 2009]

A 43-year-old Slidell man on Thursday received 100 years in prison for possessing child pornography and about a pound of marijuana.

 State Judge William "Rusty" Knight sentenced Andrew Galatas under stiffer sentencing guidelines after Knight determined that St. Tammany Parish Assistant District Attorney Scott Gardner had sucessfully labeled Galatas a habitual offender.

 None of the images was of local children and Galatas had not taken any of them himself,  only downloaded them off the Web,  authorities said.

 A 12-member St. Tammany jury had found him guilty on Nov. 10 as charged of the two possession charges.

 Although pornography involving juveniles carries a maximum term of 10 years in prison,  Galatas has other felony convictions on his record so could be considered a habitual offender.

 He has molestation of a juvenile and a sexual battery charges from 1997, a possession of stolen property over $500 charge in 1996 and an issuing worthless checks over $100 charge from 1995.

texas executes

Texas executes man at centre of mental disability row - Defence [sic] attorneys for Bobby Wayne Woods argued for state to spare inmate following low scores on IQ tests [Chris McGreal in Washington, guardian.co.uk, Friday 4 December 2009]

"Bobby Wayne Woods, 44, was killed by lethal injection for raping and murdering his girlfriend's 11-year-old daughter after the US supreme court denied a last minute appeal by lawyers who argued that the condemned man fell within a ruling by the same court in 2002 that the mentally impaired could not be sentenced to death.

After being told that the supreme court had refused to intervene, Woods' last words were: "Bye. I'm ready."

reading can get you killed

"possibly retarded prisoner faces execution" | texas

Video from Death Row: Possibly Retarded Prisoner Faces Execution - Renée Feltz | November 24, 2009 | Enterprise

"The Texas State Board of Pardons and Paroles on Tuesday rejected clemency for Bobby Wayne Woods, a man who may be mentally retarded. The Texas Observer has been following his appeal because his attorney, now disqualified from handling death penalty cases, failed to provide Woods with adequate legal council. There is also evidence that Woods is not fit to be executed under a 2002 Supreme Court ruling that bans the execution of mentally retarded prisoners. The videos below were provided to the parole board, but they decided to allow the execution to go forward. His new attorney, Maurie Levin, advises that she has filed an appeal to the Supreme Court that also includes the videos as evidence of Woods' limited capacity. If the Supreme Court rejects the appeal, Woods is scheduled to die on Dec. 3..."

steve earle ... over yonder ... again

what we read is secret ... except online

The internet is watching you (aclu blog) - "We have laws to protect our library records. What you read is secret and even the government needs a court order to see it. On the Internet, it is possible to find out what you read, how you found it and how much time you spent looking at it...."   

HLPR ONLINE -Symposium: Confronting the Costs of Incarceration

Harvard Law & Policy Review -Symposium: Confronting the Costs of Incarceration

Foreword: Incarceration American-Style
Sharon Dolovich

Supporting Advisory Guidelines
Judge Nancy Gertner

Integrative Solutions to Interrelated Issues: A Multidisciplinary Look Behind the Cycle of Incarceration
Nkechi Taifa and Catherine Beane

Reducing Mass Incarceration: Implications of the Iron Law of Prison Populations
Todd R. Clear and James Austin

ralph baze & the kentucky protocol

The Kentucky Supreme Court recently rendered a decision on the viability of the Kentucky capital punishment lethal injection protocol (11.25.2009).  An even more recent news account summarized the court's holding [Kentucky.com, "Court: No executions until death penalty process changed," By Jack Brammer]:

"Kentucky may not execute anyone until it adopts regulations in compliance with the law, the Kentucky Supreme Court ruled Wednesday.   The court ruling came in the case of three Death Row inmates – Thomas C. Bowling, Ralph Baze and Brian Keith Moore – who were challenging the state’s lethal injection protocol... Baze was convicted and sentenced to death for the 1992 murders of two police officers who were attempting to serve five fugitive warrants on him in Powell County..."

PORTER V. MCCOLLUM (08-10537) (558 U.S. ______ (2009)

PORTER V. MCCOLLUM (08-10537) (558 U.S. ______ (2009) - Per Curiam. Reinstating district court habeas grant on the ground of ineffective assistance of counsel: "Petitioner ... is a veteran who was both wounded and decorated for his active participation in two major engagements during the Korean War; his combat service unfortunately left him a traumatized, changed man. His commanding officer’s moving description of those two battles was only a fraction of the mitigating evidence that his counsel failed to discover or present during the penalty phase of his trial in 1988..."

post racial hate crime statistics

Hate Crime Statistics, 2008 (FBI Press Release):  "Statistics released today by the Federal Bureau of Investigation revealed that 7,783 criminal incidents involving 9,168 offenses were reported in 2008 as a result of bias toward a particular race, religion, sexual orientation, ethnicity/national origin, or disability. Published by the FBI’s Uniform Crime Reporting Program, Hate Crime Statistics, 2008, includes data about hate crime incidents submitted by law enforcement agencies throughout the nation."  Hate Crime Statistics, 2008 (FBI Full Report)

virginia is for lovers | elecric chairs

Virginia conducts first US electric chair execution in over a year by Jaclyn Belczyk [JURIST] - "Virginia authorities on Tuesday executed a prisoner by electric chair , conducting the country's first execution by electrocution in over a year. Former Army counterintelligence worker Larry Bill Elliott, who was convicted of a 2001 double murder, was executed Tuesday night after Virginia Governor Tim Kaine declined to intervene. The US Supreme Court had denied a request for a stay on Monday. Virginia law allows condemned prisoners to choose lethal injection or electrocution.

The country's last execution by electric chair took place in South Carolina in June 2008. Virginia last executed a prisoner by electrocution in 2006. In 2008, the Nebraska Supreme Court ruled that execution by electric chair is "cruel and unusual punishment" and is therefore unconstitutional. The electric chair remains an option in seven states, with two more allowing it only if lethal injection is ruled unconstitutional."

an example of a rule

"The law is made up of rules and standards. Here is an example of a rule, established by the Supreme Court in Roper v. Simmons in 2005: If you commit murder even hours before your 18th birthday, you cannot be put to death for your crime. The same killing a few hours later may be a capital offense. The court drew a bright-line rule at 18..." Adam Liptak, New York Times, "Sidebar - Bright Lines Blur in Juvenile Sentencing" (November 23, 2009) 

attorney general holder speaks

Attorney General Eric Holder Speaks at the Financial Fraud Enforcement Task Force Press Conference Washington, D.C. ~ Tuesday, November 17, 2009

free us case law search | google scholar

Google Scholar has developed a case law search option.  According to Law, Technology & Legal Marketing blog  ... "The US Federal case law database includes US Supreme Court opinions since 1 US 1 (pre - 1776), Federal Appeals opinions since 1 F 2d 1 (1924+), and many Federal District Court opinions from F Supp. Opinions from all 50 states are included since 1950..."

In addition to the Scholar home page's "Legal opinions and journals" radio button limiter,  "Google Scholar's Advanced Scholar Search can [also] be used to to find patents and legal opinions.  Search options include:

(A) all legal opinions and journals;
(B) Search only US federal court opinions;
(C) Search only court opinions from individual states

Available at http://scholar.google.com/advanced_scholar_search

the teen brain

Maroney, Terry A., The False Promise of Adolescent Brain Science in Juvenile Justice (May 18, 2009). Gruter Institute Squaw Valley Conference 2009: Law, Behavior & the Brain; Notre Dame Law Review, Vol. 85, 2010. Available at SSRN: http://ssrn.com/abstract=1405367

"...[M]any believe that developmental neuroscience contributed to the U.S. Supreme Court’s elimination of the juvenile death penalty in Roper v. Simmons. Post-Roper, scholars assert that the developmentally normal attributes of the teen brain counsel differential treatment of young offenders, and advocates increasingly make such arguments before the courts..."

the supreme court database

"The Supreme Court Database is the definitive source for researchers, students, journalists, and citizens interested in the U.S. Supreme Court. The Database contains over two hundred pieces of information about each case decided by the Court between the 1953 and 2008 terms. Examples include the identity of the court whose decision the Supreme Court reviewed, the parties to the suit, the legal provisions considered in the case, and the votes of the Justices..." 

Available at http://scdb.wustl.edu/

codification of actual innocence habeas relief | h.r. 3986

CLARIFICATION OF THE AVAILABILITY OF FEDERAL HABEAS CORPUS RELIEF FOR A PERSON WHO IS SENTENCED TO DEATH THOUGH ACTUALLY INNOCENT

H. R. 3986 - To amend title 28, United States Code, to clarify the availability of Federal habeas corpus relief for a person who is sentenced to death though actually innocent.  (IN THE HOUSE OF REPRESENTATIVES November 3, 2009)

life prison sentencing | juveniles

Scotusblog say | Monday is oral argument day for Graham v. Florida (08-7412) on the "constitutionality of life prison sentence for juvenile convicted of a non-homicide crime."

2008 Law Enforcement Officers Killed and Assaulted (FBI)

2008 Law Enforcement Officers Killed and Assaulted (FBI) - "According to information released today by the FBI, 41 law enforcement officers were feloniously killed in the line of duty last year; 68 officers died in accidents while performing their duties; and 58,792 officers were assaulted while on duty. The 2008 edition of Law Enforcement Officers Killed and Assaulted released today provides comprehensive tabular data about these incidents and brief narratives describing the fatal attacks. "

Slouching Toward Abolition: the American Capital Punishment Debate and the Economic Crisis

open access week ... a new look and feel @ the CDL's eScholarship site ... eScholarship provides a suite of open access, scholarly publishing services to the University of California and a dynamic research platform to scholars worldwide.

And a link to this open access article

Simon, Jonathan S. (2009). Slouching Toward Abolition: the American Capital Punishment Debate and the Economic Crisis. UC Berkeley: Center for the Study of Law and Society Jurisprudence and Social Policy Program. Retrieved from: http://escholarship.org/uc/item/8gc6x8p1

1500 pages plus - a health care bill

The Health Care Bill - 1500 pages plus : "To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes ..."

"incarceration american-style"

Dolovich, Sharon, Incarceration American-Style (October 13, 2009). Harvard Law & Policy Review, Vol. 3, p. 237, 2009 ; UCLA School of Law Research Paper No. 09-27. Available at SSRN: http://ssrn.com/abstract=1488439

Abstract:     
"In the United States today, incarceration is more than just a mode of criminal punishment. It is a distinct cultural practice with its own aesthetic and technique, a practice that has emerged in recent decades as a catch-all mechanism for managing social ills. In this essay, I argue that this emergent carceral system has become self-generating - that American-style incarceration, through the conditions it inflicts, produces the very conduct society claims to abhor and thereby guarantees a steady supply of offenders whose incarceration the public will continue to demand. I argue, moreover, that this reproductive process works to create a class of permanently marginalized and degraded noncitizens - disproportionately poor people of color - who are marked out by the fact of their incarceration for perpetual social exclusion and ongoing social control. This essay serves as the Foreword to a symposium in the Harvard Law & Policy Review addressing the costs of mass incarceration."

United Nations Criminal Justice Standards for United Nations Police

United Nations Criminal Justice Standards for United Nations Police (PDF; 681 KB)
Source: United Nations Office on Drugs and Crime (UNODC) and the UN Department for Peacekeeping Operations (DPKO)

Building peace requires more than simply bringing an end to armed conflict; it also requires strengthening the rule of law. The international standards and norms summarized in the present handbook can assist in this critical process. The handbook summarizes the inter- national human rights and criminal justice principles that United Nations police personnel must know, abide by and promote when deployed in peacekeeping operations and special political missions. As such, it is designed to serve a dual purpose. Firstly, it is a code of conduct for police operating under the United Nations flag. Secondly, it is a reference source to help national authorities to improve policing.