Sentencing Project
The Changing Racial
Dynamics of Women’s
Incarceration
Marc Mauer
February 2013
THE CHANGING RACIAL DYNAMICS OF
WOMEN’S INCARCERATION
In the first decade of the 21st century the United States began to experience a
shift in the 30 year buildup to a world record prison system. Although the
decade
The Changing Racial Dynamics of Womens Incarceration
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4 Plead Guilty to Appraisal Fraud Scheme
Brandon Shepherd, owner of Freedom Financial, the CORE Foundation, and the Sberna Foundation, pleaded guilty to two counts of theft. An employee of Shepherd, Garland Ward, pleaded guilty to a charge of attempted theft. Laura Habre George and Jeff Sadler, both appraisers, also pleaded guilty to their roles in the scam.
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Greabe on Prospective Constitutional Rulings
John Greabe (University of New Hampshire School of Law) has posted Managing the Costs of Constitutional Innovation on SSRN. Here is the abstract: Courts sometimes withhold remedies for justiciable and meritorious constitutional claims despite Marbury’s dictum that rights-violations require remedies....
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Bradley Manning Pleads Guilty
Bradley Manning has pleaded guilty to ten counts in the Wikileaks case, and faces up to 20 years in prison.
He is expected to be sentenced to 20 years in prison after his conviction on charges...
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Arkansas adopts drug dog certification
The Arkansas Governor two days ago signed 2013 Ark. Act 168, An Act Concerning Training Requirements for Canine Law Enforcement Units, specifying training for drug dogs that effectively implements the admonition of Florida v. Harris, noted here (syllabus) and here (LA Daily Journal: Dog sniff ruling doesn’t smell so bad after all by Allison B. Margolin).
The entirety of Act 168:
[...] Read more!
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Criminal Law, Types of Crimes and Importance of Having A Competent Criminal Attorney on Your Side
The U.S. justice system divided into to two distinct branches, civil law and criminal law. Criminal law involves prosecution by the government of a person for an act legally classified as a crime. People convicted of a crime may be incarcerated and/or fined.Criminal cases differ fundamentally from civil lawsuits. Criminal prosecution intends to punish undesirable actions, while civil lawsuits generally intend to enforce private rights or obligations or redress private wrongs. In a criminal case, the state brings charges against the accused through a prosecutor, while civil cases generally are between private parties or between a private party and a government entity.Crimes include both felonies and misdemeanors. Felonies usually are punishable by imprisonment of a year or more, while misdemeanors are punishable by less than a year. However, no act is a crime if it has not been previously established as such either by statute or common law.Felony v. MisdemeanorCrimes are generally categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed. A felony, sometimes called a "high crime," involves serious misconduct that is punishable by death or by imprisonment of over one year (although the punishment can be less than one year at the judge's discretion). Most state criminal laws subdivide felonies into classes with varying degrees of punishment. Examples of felonies include murder, manslaughter, rape, fraud, robbery, racketeering, arson and white collar crime.Lesser crimes are classified as misdemeanors. A misdemeanor is misconduct punishable by up to one year in prison and/or a fine. Examples of misdemeanors include traffic violations, petty theft, simple assault and battery, trespass and public intoxication.Each year, the FBI publishes crime statistics in its Uniform Crime Reporting program. The reports provide not only helpful statistics but also crime classifications and definitions. UCR categorizes serious crimes as Part I offenses and less serious crimes as Part II offenses. Below we list samples of each type of crime in name only under each category. For description, full information and details, please visit the source.Part I OffensesPersonal/Violent CrimesAggravated assaultForcible rapeMurderRobberyProperty CrimesArson Burglary Larceny-theftMotor vehicle theftPart II OffensesCurfew violation/loitering: Disorderly conduct: Driving under the influenceDrug law violationsEmbezzlementForgery and counterfeitingFraudGamblingLiquor-law violationsOffenses against the family (e.g., nonsupportProstitution and related offensesPublic drunkennessRunawaysSex offenses (e.g., statutory rape)Simple assaultStolen property Weapons VagrancyNew or Notable CrimesCorporate/white-collar crimesHate crimesIdentity theftOrganized crimeTerrorismCriminal attorneys serve an important role in the United States justice system by defending a person accused of a crime. Criminal attorneys help protect the rights of people accused of crimes. Constitutional provisions protecting the rights of the accused to due process of law aim to ensure that people are not persecuted for crimes they didn't commit. The job of a criminal attorney is to ensure that the accused is not deprived of these constitutional rights.West Palm Beach Criminal Defense Law FirmThe Law Firm of Andrew D. Stine is located in downtown West Palm Beach, Florida. The firm's criminal defense team includes:Criminal defense lawyer Andrew StineEric Centeno, a paralegal fluent in SpanishDan Delois, an investigator with more than 25 years of experienceThis team has met and interviewed countless defendants in federal, state and county jails, medical hospitals, psychiatric hospitals, juvenile facilities, and at numerous crime scenes throughout Florida and other states. When summoned, the team stands ready to represent clients who are in the process of having search warrants served on their homes, barns, out-buildings and even grow houses. The firm offers assistance 24 hours a day, 7 days a week at the firm's emergency phone number: (561) 832-1170.Many attorneys choose not to get involved in a criminal case until the defendant has been formally charged with a crime. Mr. Stine’s philosophy is the opposite. His experience has proven that there is no substitute for early intervention, which gives his clients a head-start on the prosecution. This gives the lawyer more time to:Conduct investigationsInterview witnessesResearch all legal options The Office of the State Attorney in each Florida Judicial District employs “charging lawyers” whom determine the appropriate crime to charge. Lawyer Andrew Stine believes that it is imperative for the charging attorney to know who you really are and to show that you are much more than what the law enforcement agent or victim makes you out to be. That philosophy, along with Mr. Stine’s high level of trial preparation and creative defense strategies, has established an unprecedented track record of success for his clients.Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.Distributed by Viestly
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Half of law enforcement requests for personal cell-phone data involve only a supboena
KUT-News today has a story on bills related to location tracking by law enforcement, including companion bills HB 1608/SB 768 by Rep. Bryan Hughes and Sen. Juan "Chuy" Hinojosa, respectively. That legislation would require a warrant for law enforcement to access location data from mobile electronic devices except in emergencies and in cases involving cell phones reported stolen. Presently location data may be obtained with only a subpoena, in which case no judge will even know about the request unless it's later admitted into evidence. (Current law treats such information as third-party business records over which, it is presumed, cell-phone customers have no reasonable expectation of privacy.)The piece also highlights a pair of bills headed in the other direction by state Rep. Allen Fletcher who "introduced a bill, H.B. 1322, that would keep ... warrants [for mobile tracking devices] sealed. And another, H.B. 919, that would prevent freedom of information requests from revealing the movements of uniformed and undercover officers." Wrote KUT's Mark Dewey:That has the Texas Association of Broadcasters--of which KUT is a member--worried. The TAB’s Michael Schneider says the so-called “law enforcement exception” that allows governments to deny freedom of information requests is used too much already. "The public needs to be able to determine for themselves whether or not law enforcement is following proper procedures, whether the investigation actions are justified, and if you remove information from that process, the public is kept in the dark, " Schneider said.Matt Simpson is with the American Civil Liberties Union of Texas. He monitors bills in the Texas legislature and makes sure the ACLU's point-of-view is heard. He’s more concerned about another tracking device that tracks almost everyone – almost constantly: Your cell phone."Our cell phones put a signal out to towers as we move around and this creates a digital log of where you’ve been," Simpson said.He says police don’t need a warrant to get your location records from your cell phone company. They just file a sealed subpoena and get whatever location records they want. There’s no judge involved. A rep from the Austin Police Department complained about "burdensome reporting requirements" in Hughes and Hinojosa's bill, which are modeled after reporting requirements involving wire taps and pen registers already required in the law. But without such reporting, it would be impossible for the public to know the scope of police surveillance activities.This evening Grits spent a little time examining responses by cell phone companies to a Congressional inquiry last summer and found that the majority of requests by law enforcement for their customers' data involved only a subpoena, not a warrant or other court order. Not every company broke out their data completely, but AT&T reported that 50.3% of law enforcement requests in 2011 involved subpoenas only, Verizon said the figure for that year was "about half," as did T-Mobile. US Cellular reported 53.3% of law enforcement requests that year were based on subpoenas.AT&T's letter in particular provided some interesting data. Requests involving warrants increased 35% from 2007 to 2011, while requests involving subpoenas grew 108% over the same period. "Exigent" or emergency requests - which require no warrant - grew at an even greater clip . The larger category of exigent requests involved 911 calls. AT&T responded to 65,500 such requests in 2011, which was 182% more than in 2007. But an even greater growth rate was seen in "exigent" requests that did not involve 911 calls. That category grew by a whopping 667% from 2007 to 2011, from 1,800 to 13,800, representing the highest growth rate among request types broken out by the company. One wonders, given that rapid growth rate, if claims of exigency are being exaggerated and/or overused. AT&T also included its 2010 price list detailing how much it charges law enforcement for customer data. Their "mobile locate" service costs a $100 setup fee and $25 per day per number, with an additional $100 fee if the agency wants email updates on location more frequently than once per day. It costs $75 per hour for "detailed cell site coverage maps." "Data orders," "content orders," and "packet data" each involve a $325 setup fee and a $5 per day fee for data orders, $10 per day for the other two. They charge $50 just to tell police if a customer changed their billing address. Sprint's charges to law enforcement were quite a bit lower. The other vendors did not provide such a detailed breakout.According to the responses by cell phone companies to Congress, law enforcement made more than 1.3 million requests in 2011 for cell-phone customer information, most often involving no judicial oversight at all. Police just issued a subpoena, paid a fee, and the companies conveniently emailed them their customers' data.The rapid expansion of law enforcement requests for cell-phone location data and other customer information to me justifies increased reporting and judicial oversight. We'll find out as the session goes forward if the Texas Legislature agrees.
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WALTHAM HIGH SCHOOL SECURITY GUARD IS ARRESTED FOR STEALING AND POSSESSING CHEMICALS FOR EXPLOSIVES
We end the month of February this year with a story about a watcher who should have been watched. It concerns Gardner’s 23-year-old Jesse Holland (hereinafter, the “Defendant”). It also deals with the issue of Massachusetts search and seizure.
The Defendant is an involuntary guest of the Commonwealth this evening. He is being held without bail as the local prosecutors charge that he is too much of a threat to be let out of custody.
The Defendant works (or worked, at least) as a security guard at Waltham High School. He stands charged with possessing chemicals that could be used to make an explosive.. Law enforcement says that he stole these chemicals from the high school. The materials include iron powder, aluminum powder and magnesium metal ribbon.
Mixed together in the right way, apparently, a rather strong bomb can be made.
The Defendant was arrested on Wednesday morning in a Leominster store parking lot. Police say that, when they noticed him, he acted suspiciously as he was downloading a movie. Somehow, noticing him “act suspiciously” led to the search of his vehicle. During the search, officers say they found the chemicals, a hatchet and a stun gun.
Apparently, the Defendant was also give to making inculpatory statements to the officers. They say that he told them that he intended to throw the chemicals into a fire to "see what would happen."
In the video I watched online, I saw one of the officers indicating that he did not see the Defendant as someone who wanted to hurt anyone.
Apparently, the prosecutors did not share that view at arraignment.
Attorney Sam’s Take On “What Could Have Happened”
It is important to realize the type of explosive we are talking about here. It is not of the atomic or nuclear variety. It will not blow up the neighborhood. However, as one can see on the video on the news, one can certainly cause damage and serious personal injury.
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Defendant Questions Court Jurisdiction
The Facts of the Case: Defendants stole people's identities, committed bank fraud when opened fraudulent bank accounts in the victims' names, and transferred money from the victims' legitimate bank accounts to the fraudulent ones they controlled from an extensive enterprise...
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Court Reverses Grand Larceny Indictment
In this proceeding, an intermediate order denying a motion to dismiss an indictment will have a review from the Supreme Court. A New York Criminal Lawyer said it appears from evidence presented that a bank, a trust company and another...
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NY - Warren County suspends sex offender residence ban
Original Article02/28/2013By JON ALEXANDERQUEENSBURY - Warren County has suspended enforcement of its law that bans registered sex offenders from living close to schools, playgrounds and parks in the face of a lawsuit charging the law is unconstitutional, according to the lawyer for the plaintiff.
The county’s 2006 law limits where any sex criminal convicted of illicit acts against children can live and work.- This is not true! The law affects all ex-sex offenders, not just those who have harmed children, we are willing to bet.
Albany-based lawyer Kathy Manley, who represents an unnamed level two sex offender, said Warren County’s law banning convicted sex criminals from living or working within 1,000 feet of schools and parks, even after they’ve completed parole, unlawfully supersedes state jurisdiction.
“It doesn’t make sense to essentially banish people from areas where they could potentially get treatment or find employment,” she said.
State law places limitations on where offenders can live and work only until they have completed parole.- We also don't think this is true. From what we've heard, these residency restrictions continue even after parole / probation. Just ask anybody in New York who is dealing with the laws.
The offender Manley represents — listed as “John Doe” in the lawsuit filed Feb. 6 — wants to move in with his mother in Queensbury, according to court documents filed at Warren County state Supreme Court.
He was convicted in 2010 in Washington County of sexual acts with a minor who was under 16, and he served two years in prison, the lawsuit states. Manley said her client has completed parole, but is still barred from moving in with his mother under county law.- Exactly, like we said above, it goes on beyond parole / probation.
County Attorney Martin Auffredou has agreed to suspend enforcement of the county law until the constitutional challenge is settled.
“What we’re going to do is not enforce this for the time being until I talk to the Board of Supervisors about it,” Auffredou said.
John Doe is expected to move in to his mother’s residence soon, Manley said.
Warren County Board Chairman Kevin Geraghty and Sheriff Bud York both acknowledged talking this week with Auffredou about the matter. York declined comment when asked about the policy change.
Geraghty said no one has spoken yet about repealing the local law, and he referred any additional comment to Auffredou.
Washington County officials couldn’t provide John Doe’s identity with the information provided in the lawsuit.
“We’re giving ourselves time to look at the law and how comparable laws have fared in other counties,” Auffredou said. “In my view, there is sufficient state law in place as a safeguard.”
Manley said she wasn’t sure which school playground or public park John Doe’s mother lives near.
Counties across the state — including Washington County — passed similar sex offender statutes in recent years, only to have them ruled unconstitutional in the courts.
Essex and Franklin county lawmakers recently convened a forum to discuss what local governments could do to address growing concern about where local sex offenders live and work.
The discussions resulted in little action after county lawyers advised county lawmakers of the constitutional problems with such restrictions.© 2006-2013 | Sex Offender Issues
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VA Gov Restores Scooter Libby's Civil Rights
Scooter Libby can vote again. The Governor of Virginia's list of pardons, clemencies and restoration of rights for 2012 is contained in this report of the Virginia legislature, released Feb....
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Police Pursuit L13000195
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
Regional Communication Center - North
615 W Wilbur Ave
Suite A
Coeur d'Alene, Idaho 83815
Please direct questions to the appropriate District Offices
District 1 (208) 209-8620 Fax (208) 209- 8618
District 2 (208) 799-5150
CASE # L13000195
--------------------- PRESS RELEASE -----------------------------
DATE: 2/28/2013 TIME: 5:00 PM LOCATION: Lewiston,ID
ASSISTING AGENCIES: Nez Perce County Sheriff's Department and Latah County Sheriff's Department.
VEHICLE #1
-------------
DRIVER Heidelberger,Joseph O AGE 26 Years
ADDRESS Lewiston,ID
INJURIES? - No
HOSPITAL/LOCATION TAKEN ? N/A
VEHICLE YEAR 1994 VEHICLE MAKE Buick VEHICLE MODEL Skylark
WRECKER None
SEATBELTS/HELMET WORN? No
PASSENGER(S): None
INCIDENT NARRATIVE: At 5:00 PM on February 28th, the Idaho State Police located a stolen car believed to be driven by Heidelberger. This was the second suspected vehicle he had stolen today. A traffic stop was initiated in north Lewiston by the Idaho State Police and the subject refused to stop. A pursuit was initiated from north Lewiston going northbound on US95 up the Lewiston Hill. The pursuit continued to Evans Road where the suspect turned eastbound on Evans Road and into a private drive. Heidelberger was taken into custody without incident and charged with two counts of felony grand theft, felony eluding, driving without privileges, and driving under the influence.
DSP INITIALS RS
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SEDE VACANTE
Long time and careful readers of the blog know that nothing fascinates us more than the Conclave of Cardinals and election of a new Pope. The former Pope having stepped down officially yesterday, the Church entered what is formally known as "Sede Vacante": "vacant seat". In this case the seat vacant is the Holy See. When the Pope resigns or dies, much more than the loss of a Pope occurs. The Church is guided in the Pope's absence by the College Of Cardinals. The Roman Curia resigns when a Pope leaves office, although Papal diplomats still continue to represent the Vatican overseas, and the Cardinal who manages the Vatican properties and collects the rents (the Cardinal Camerlengo) does not resign either. The Major Penitentiary- who is the head of the Apostolic Penitentiary- is the third and final Vatican official who does not resign during the Sede Vacante. The MP is the official that has jurisdiction over the absolution of excommunication; the dispensation of sacramental impediments and the issuance and governance of Church Indulgences. The other fascinating thing about the MP is that if he is a member of the College of Cardinal Electors he is only one of three electors allowed to communicate with the outside world so as to allow him to discharge his duties. The other two Cardinal Electors who can communicate with the outside world during a conclave to elect a Pope are the Vicar of Rome and the Vicar of Vatican City. The Vatican issues a special postage stamp during these times: sede vacante stamps, and the Coat of Arms of the Holy See changes: instead of the Papal Tiara over the Keys to the Kingdom of Heaven, there is an "Umbraculum" or a little umbrella over the Keys. All in all, it's a fascinating time. GOODBYE STEPHEN HARPER:One of the very best Assistant Public Defenders has left the PDs office for a new career of teaching. They don't come any better than Steve Harper and this community was lucky to have such a talented and dedicated lawyer serving the community for over two decades. Good luck Steve. DOM is monitoring the Khan- Pakistani - terror trial deliberations. His blog covered some fascinating jury questions including whether the doctrine of separation of Church and State applied to the arrest of the Imam. Almost thirty years in this business and we still never can figure out exactly what a jury is thinking. Cool weekend coming up. Read the blog and stay warm. Site Feed
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Los Angeles sees parks as a weapon against sex offenders
3-1-2013 California:
Using restrictions under state law, officials are building a small park in Harbor Gateway to force 33 offenders to move out of a nearby apartment building.
On a tiny...
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CA - California shows once again the sex offender laws are all about punishment, homelessness, joblessness and forced exile!
Original ArticleThis is yet more proof that the laws are all about punishment, forcing people into exile, homelessness and joblessness, due to their own mass hysteria.02/28/2013By Angel JenningsUsing restrictions under state law, officials are building a small park in Harbor Gateway to force 33 offenders to move out of a nearby apartment building.
On a tiny sliver of land in Harbor Gateway, the city is beginning construction on what officials believe will be the smallest park in Los Angeles.
At one-fifth of an acre, the pocket park will barely have room for two jungle gyms, some benches and a brick wall.
But the enjoyment the park will give children is a secondary concern for officials. They are building the park for a different reason: to force 33 registered sex offenders to move out of a nearby apartment building.
State law prohibits sex offenders from living within 2,000 feet of a park or school. By building the park, officials said, they would effectively force the sex offenders to leave the neighborhood. This section of Harbor Gateway has one of the city's highest concentrations of registered sex offenders: 86 live in a 13-block area.
Los Angeles plans to build a total of three pocket parks with the intent of driving out registered sex offenders; two will be in Wilmington.
The action marks the latest campaign by local governments to drive sex offenders farther into the fringes of society. The state law already bans offenders from living in huge swaths of urban areas, pushing them into industrial districts and remote towns and into neighborhoods like Harbor Gateway that lack schools and parks.
Communities in Orange County have passed laws barring sex offenders from county parks and beaches. There is a new push at Los Angeles City Hall to ban offenders from living near day-care centers and locations that house after-school programs.
Backers of the park plan say it's a novel way to move out offenders while providing more recreation space.
"I want to do everything in my power to keep child sex offenders away from children," said City Councilman Joe Buscaino, who represents the 15th District, which includes Wilmington and Harbor Gateway. "We have to look at some solutions and in comes the pocket park idea."
The effort, however, has others questioning whether these restrictions make communities safer and whether they infringe on the rights of offenders.
A California Department of Corrections and Rehabilitation study released in October (PDF) showed that about 2% of convicted sex offenders are sent back to prison on a new sex-abuse offense. The study covered data from 2008.
"People are running around with hysteria when they don't know the facts," said Janice Bellucci, president of California Reform Sex Offender Laws, a nonprofit organization that advocates for the rights of those convicted of sex crimes. "I understand that sex offenders are not a popular part of society, but they have constitutional rights."
The restrictions on where offenders can live has resulted in a proliferation of group homes in acceptable areas that house large numbers of them. In Harbor Gateway, up to five offenders share one room, according to the National Sex Registry website.
On Flint Avenue in Wilmington, a former hotel has been converted into housing that caters to sex offenders. Young children often walk through the neighborhood on their way to a nearby elementary school. Some residents refer to the area as "pervert row." There have been several reports of indecent exposure, according to LAPD Officer Brian Cook.Read the entire article here© 2006-2013 | Sex Offender Issues
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Super Lawyers: Martin E. Hubbell, Attorney at Law
Martin E. Hubbell visit superlawyers.com Filed under: Headlines Tagged: diehl and hubbell partners, lebanon super lawyer, marty hubbell super lawyers, superlawyer hubbell, warren county super lawyer![]()
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Großrazzia bei mutmaßlichen Anlagebetrügern
Eine Frankfurter Immobiliengruppe soll mehrere tausend Anleger betrogen haben und so über 100 Millionen Euro durch den Anlagebetrug eingenommen haben. 1200 Beamte waren an der Großrazzia beteiligt, die gegen mehrere Objekte des Unternehmens gerichtet war. Die Immobiliengruppe soll einen Immobilienbestand von über 1,7 Milliarden Euro verwalten. Die Staatsanwaltschaft Frankfurt am Main ermittelt auch gegen . . . → Read More: Großrazzia bei mutmaßlichen AnlagebetrügernÄhnliche Beiträge:Mutmaßlicher Anlagebetrüger gesteht vor GerichtErste Anklage im Fall um 89 BeschuldigteAnlagebetrug: Untersuchungshaft und AnklageBetrug: Staatsanwaltschaft ermittelt gegen ErgoUmsatzsteuerbetrug: Staatsanwaltschaft ermittelt gegen…
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OR - Mix of emotion at hearing for sex offender bills
Original ArticleThese are good bills, and thank you to all who attended the hearing.02/28/2013By Anna CanzanoSALEM – There was a mix of emotion Thursday as Oregon lawmakers heard testimony about a pair of bills that would overhaul how sex offenders register and are supervised.
The first proposal, House Bill 2552, concerns juvenile offenders. The bill would allow those who committed a sex crime before age 16 from having to report as a sex offender under certain circumstances.
The second bill, House Bill 2549, would mandate that all sex offenders be classified by their risk level to society. For instance, a Level 3 sex offender would be classified the most dangerous; Level 1 would the least likely to re-offend.
Currently, Oregon does not classify sex offenders; Washington does have a ranking system.
Surprising fallout of House Bill 2549? It would also provide relief to certain sex offenders. If passed, those convicted of serious crimes -- such as first-degree rape and sodomy -- can ask to be taken off the state registry within as few as five years after they're done with probation or parole.
Connie Hollon was behind the original law in 2006 that put a portion of Oregon’s sex offender registry online. She finds the proposal disappointing.
“It saddens me,” Hollon said. “This is a bill … by a few select proponents that have their own agenda.”
“This is also a crime that doesn’t walk away from the victim,” she added.
Others spoke in staunch support of the bills. Ken Nolley, president of Oregon Voices, said the current laws are actually creating an unjust culture.
“The very laws we’ve passed to protect our community is actually destroying families … in many, many cases,” Nolley said.
Both bills were heard by the House Committee on Judiciary. The judiciary committee did not hold a vote on either bill.© 2006-2013 | Sex Offender Issues
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Kim Dotcom: Setback in NZ Appeals Court
Kim Dotcom suffered a setback in his extradition case yesterday when an appeals court in New Zealand reversed a High Court ruling that the FBI had to turn over more discovery in order to allow him to...
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