Best Use of Police Time?

img15_thBest Use of Police Time?

NYPD Spent 1 Million Hours Over Last Decade On Marijuana Arrests, Analysis Finds | ThinkProgress

New York Police Department officers have spent 1 million hours making 440,000 marijuana arrests between 2002 and 2012, according to a new report from the Drug Policy Alliance. DPA put together the data in response to a request from New York City and New York State, as they consider measures to decriminalize marijuana. Each of these arrests can cost $1,000 to $2,000, according to a 2011 DPA estimate, costing New York City $75 million in just a single year (2010). The report explains:

In our ongoing research about marijuana possession arrests in New York, we have found that a basic misdemeanor arrest for marijuana possession in New York City varied from a minimum of two or three hours for one officer, to four or five hours or even longer for multiple officers. […]

NYPD Spent 1 Million Hours Over Last Decade On Marijuana Arrests, Analysis Finds | ThinkProgress

 

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Time for a Legal Revolution

063Time for a Legal Revolution

Public defender system struggles under huge caseloads | McClatchy

Anyone who’s ever been arrested or watched a television cop show knows the fundamental right Gideon helped win for every American:

“If you cannot afford to hire a lawyer, one will be appointed to represent you.”

But this month, the 50th anniversary of that landmark Supreme Court ruling, here in Gideon’s home state and elsewhere around the country, the criminal justice system continues to struggle to live up to the promise demanded by the Supreme Court in 1963.

“The truth is we clearly haven’t,” said Abe Krash, a Washington, D.C., lawyer who helped represent Gideon in his Supreme Court case. “In public defender offices, there are many extremely conscientious attorneys, but they are tremendously underfunded and overburdened.”

A 2011 report by the Justice Policy Institute found that most of the country’s public defender offices and systems lacked enough attorneys to meet nationally established caseload guidelines. Also, the report found that most defender offices did not have sufficient support staff, such as investigators and paralegals.

“When defenders do not have access to sufficient resources, they may be unable to interview key witnesses, collect or test physical evidence, or generally prepare and provide quality defense for their client, resulting in poorer outcomes for the client,” according to the institute’s report.

Public defender system struggles under huge caseloads | McClatchy

 

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The United States and The Imprisonment Rate by William Denton

(Originally put up on May 24, 2012 – now reissued!)

It is my privilege to present my colleague, William Denton. Some days ago he showed me this article and I was very impressed. He has very kindly offered to share it with my readers. It is my pleasure to present the work of our guest columnist, William Denton.

James Pilant

The United States and The imprisonment Rate

By:  William Denton

America is known throughout the world as a place of freedom, where anyone has the chance to do and become whatever their heart desires also referred to as “The American Dream.”  America is considered home to approximately 5 percent of the world’s population, although America is known for its many attributes and liberties it holds 23 percent of the world’s prison population making the United States the highest prison populated country in the world, (“Wikipedia, 2012).  Our prison rate along with our continuous dilemma of overcrowding prisons can be attributed to our enacted draconian laws that make any chance of success to reduce our prison rate and subsequently alleviating our over-crowded prisons impossible.  In a 2009 statistical study 754 per 100,000 American Citizens are incarcerated.  In the previous year, “a report released in February 2008, indicates that more than 1 in 100 adults in the United States are in prison,” (“Wikipedia, 2012).

Each U.S. state is responsible for the United States ranking 1st in the world for its high incarceration rate.  However, when examined individually each state incarceration rate can vary from 854 per 100,000 to 151 per 100,000 citizens, (“Wikipedia,” 2012).  The infamous three strike laws and the mandatory minimum sentencing have caused the explosive increase in the incarceration rate nationwide, leaving each to implement methods if any, to alleviate the growing issue of their overcrowded prisons.  Some will argue that a state with a higher incarceration rate compared to a state with a lower incarceration rate is due to the state that has the highest and lowest crime rate.  Although that can be an arguable point it still doesn’t explain why for example Louisiana incarceration rate is 854 per 100,000 citizens and other states have incarceration rates anywhere from 151-300 per 100,000 citizens, (“Wikipedia,” 2012).  Another aspect that is irrelevant into claiming why one state has a higher incarceration rate than another is because of the state’s population which is going to subsequently have a higher crime rate.  We know that Louisiana has the highest incarceration rate, but ranks 25th for population, while New York ranks 3rd for highest population and is ranked 37th for incarceration rate at 307 per 100,000 citizens, (“Wikipedia,” 2012).  The population of a state and crime can be determining factors of a states incarceration rate, however, other factors that have remarkable results in having low incarceration rates are the states who have sufficient “parole and probation programs; diversion programs, increasing good-time programs for people incarcerated, and sentencing reforms for non-violent offenders,” (Morris, 2009).  Without any implementations to reduce the incarceration rate states will continue to have these unnecessary draconian numbers.

The United States compared to Russia who holds 2nd place for incarceration rates, followed by South Africa ranked 3rd and Europe who ranked 4th is still substantially higher than the runners up.  Russia who has a 611 per 100,000 people incarceration rate compared to the United States is a 134 per 100,000 differences.  That difference alone is substantially higher than that of many other nations worldwide.  The state of Louisiana who again has an 854 per 100,000 incarceration rate is higher than our nation’s current imprisonment rate and every other nation worldwide, (“Wikipedia, 2012).  Although there are multifarious reasons along with speculations of why America has the highest incarceration rate, two factors are true today.  Reason one being that American citizens are “being locked up from writing bad checks to using drugs that would rarely produce prison sentences in other countries,” (Liptak, 2008).  The second reason being the American Citizen is “kept incarcerated far longer than prisoners of other nations,” (Liptak, 2008).

In my opinion only, I think American Law has gotten to the point of everything being political correct and that anyone who commits a crime has to be punished no matter what the crime is.  These draconian drugs laws are really the culprits that are responsible for the major increase in our prison population and overcrowding.  The majority of inmates incarcerated today are for non-violent drug offenses that initially when these laws were enacted during the “War on Drugs” campaign where to mainly target the producers and distributors of the drug trade not the additive customers that are being sentenced today.  As a result of these laws still in effect, although the violent crime rate is decreasing in the country, prison population is still increasing.  I think that is how we stand above all other nations in the incarceration rate because of our drug laws, mandatory minimum sentencing, and three-strike laws.  As I mentioned above, writing bad checks to drug offenses are rarely imprisonment punishments in other countries, and our country has longer prison sentences that contribute overcrowded prisons.  We are punishing for offenses that probably could be resolved through other forms of punishment that does not have to do with imprisonment just like other countries.

I am completely against our statics involving our imprisonment rate and the number of incarcerated inmates we currently have.  There are a couple states that have a higher imprisonment rate than actual countries throughout the world.  These statics need to be pounded into someone’s head and take a hint of what reformalities we need to reduce these harsh rates.  These enacted three-strike rules and mandatory minimum sentences, and all other harshly related drug laws need to change.  They are ruining lives, in lieu of helping people and destroying families for what?  Nothing.  Drugs are an addictive substance that people need help to reform, so putting these non-violent offenders in overcrowded prisons is not going to rectify the problem, but going to make it worse.  I feel like we are wasting our money for no positive gains when it comes to incarcerating offenders for drug offenses and other minor crimes that can be solved in another form of punishment.  Are American laws are in desperate need for reform.

 

REFERENCES

 

Liptak, A.  (2008). U.S. prison population dwarfs that of other nations.  Retrieved March 18, 2012, from

 

http://www.nytimes.com/2008/04/23/world/americas/23iht23prison.12253738.html?_r=2&pagewanted=all

Morris, T.  (2009). Louisianan’s Incarceration rate is No. 1 in nation.  Retrieve March 17, 2012, from

 

http://www.nola.com/news/index.ssf/2009/03/louisianas_incarceration_rate.html

 

Wikipedia.  (2012). Incarceration rates worldwide.  Retrieved March 16, 2012, From

 

http://en.wikipedia.org/wiki/File:Incarceration_rates_worldwide.gif

 

Wikipedia. (2012). List of U.S. States and Territories by population.  Retrieved March 14, 2012, from

 

http://en.wikipedia.org/wiki/List_of_U.S._states_and_territories_by_population

 

Wikipedia. (2012). List of U.S. States by incarceration rate.  Retrieved March 14, 2012, from

 

http://en.wikipedia.org/wiki/List_of_U.S._states_by_incarceration_rate

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Prison Population is Falling

 

Fear and Dread?
Fear and Dread?

Prison Population is Falling

The Washington Monthly – Ten Miles Square – Why The Prison Population is Falling

The number of people incarcerated went up every single year from the mid 1970s until 2009. Over that more than 30 year period, there have been economic booms and contractions, changes in the relative strength of the major political parties, alterations in the demographic makeup of the US general population, the waxing and waning of drug epidemics, and countless other changes in American life. What that should tell us is that any simple explanation for why America has the prison policy it does at any given time is wrong or at least incomplete.

Pew notes that over the past 5 years, incarceration fell in 29 states (ruling out another simple explanation: that this is all due to the court order to reduce overcrowding in California prisons). …

The Washington Monthly – Ten Miles Square – Why The Prison Population is Falling

 

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MIT to Release Swartz Files

 

Aaron Swartz
Aaron Swartz

MIT to Release Swartz Files

MIT agrees to release redacted Aaron Swartz files – Salon.com

The president of the Massachusetts Institute of Technology announced on Tuesday that the school will voluntarily release public documents related to the prosecution of the free-information activist Aaron Swartz, who killed himself in January as he faced trial on hacking charges.

The email announcement by MIT president L Rafael Reif came in response to a request on Friday by lawyers for Swartz’s estate to have the US district court in Boston make the documents public. The university has come under fire for what critics say is its compliance with federal prosecutors in the legal case against Swartz. Supporters of Swartz have painted him as a zealous advocate of public online access, a martyred hero hounded to his death by the government he antagonized.

MIT agrees to release redacted Aaron Swartz files – Salon.com

 

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Change the Legal System?

109Change the Legal System?

Commentary: Right to counsel? It’s stacked against the poor | McClatchy

It turns out there is a gulf between the 1963 promise and the 2013 reality. It turns out one lawyer can be expected to try 400, 500, 600 cases a year. It turns out public defenders are so underfunded and overwhelmed it is not uncommon for a defendant to meet his attorney for the first time in court. It turns out the situation is so dire that in at least one jurisdiction a judge pressed tax attorneys and property lawyers into service in criminal court. It turns out poor people’s justice is to justice as monkey business is to business.

Ask Clarence Jones, who spent over a year in prison just waiting for an attorney — and was still there as the book went to press — on a charge of burglary.

Ask Carol Dee Huneke, a novice lawyer with no experience in criminal law who was hired as a public defender on a Thursday and assigned a case that began Monday. She had never even seen a trial before.

And ask Greg Bright, who spent 27 years in prison on a murder charge he might have easily beaten, writes Houppert, had his court-appointed attorney done even minimal investigation on his behalf. As a later attorney discovered, the single witness the state’s case hinged upon was a mentally-ill heroin addict with a history of hallucinations who physically could not have seen what she claimed she did.

Twenty-seven years. “Make me wanna holler,” indeed.

What is reflected here is not simply incompetence but disdain, contempt for the rights, lives and humanity of the less fortunate. And perhaps your instinct is to look away, secure in the naïve delusion that no one gets arrested unless they’ve “done something.” Truth is, it happens every day.

Commentary: Right to counsel? It’s stacked against the poor | McClatchy

 

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Sympathy for Rapists?

038-1Sympathy for Rapists?

Why are we supposed to have sympathy for rapists? – Salon.com

An evolved society is one that extends understanding and forgiveness for its offenders. But not because it’s such a goshdarn shame some kids can’t play football now. We have to look at what happened in Steubenville, what happened in Cleveland, Texas, what happens on college campuses and in marital beds and military bases  every single day and recognize that rape is not a crime that is just perpetuated by what Sean Hannity recently flippantly called “evil” men. We have to see that one of the tragedies here is how badly we are failing our men and boys, every time we pretend that rape is something that happens entirely because of a how girl dresses or how much she drinks. We have to believe when Ma’lik Richmond’s father says, ”I’m sorry for what you all had to go through, and I hope somewhere in your hearts that you can forgive Trent and Ma’lik for the pain that they caused your daughter and put you through. I’m gonna bear his pain with him. I’m sure Trent and Ma’Lik will learn a valuable lesson from this and become productive citizens in this world one day.” We have to hope that those boys can indeed learn what it means to be a man from all of this. We have to teach then. So that one day, they can teach their own sons.

Why are we supposed to have sympathy for rapists? – Salon.com

 

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Swartz Honored

 

Aaron Swartz
Aaron Swartz

Swartz Honored

Aaron Swartz Posthumously Awarded ALA’s James Madison Award | Occupy America

On Friday, Rep. Zoe Lofgren (D-Calif.) posthumously awarded internet activist Aaron Swartz the American Library Association’s (ALA) 2013 James Madison Award during the 15th Annual Freedom of Information Day in Washington, D.C. According to the American Library Association, “Swartz will receive the award for his dedication to promoting and protecting public access to research and government information.

“Aaron loved libraries. I remember how excited he was to get library privileges at Harvard and be able to use the Widener library there. I know he would have been humbled and honored to receive this award. We thank you,” said Robert Swartz, Aaron’s father in reaction to the award. “Aaron’s goal was to make knowledge freely available to everyone and we can all further his legacy by making this happen.”

Before his suicide in January, Swartz was a co-founder of Demand Progress, an advocacy group that organizes people to take action on civil liberties and government reform issues. Swartz was also a leader in the national campaign to prevent the passing of the Stop Online Piracy Act, a bill that would have diminished critical online legal protections.

The James Madison Award honors individuals who have championed, protected and promoted public access to government information and the public’s right to know national information. ALA has long been a supporter of open access policies that increase the amount of research made available to the public.

Aaron Swartz Posthumously Awarded ALA’s James Madison Award | Occupy America

 

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Does Suspension Make Any Sense?

 

Cast from the garden?
Cast from the garden?

Does Suspension Make Any Sense?

Why do we suspend children from school? – Slate Magazine

Several schools have suspended children for joking about guns in the wake of the Sandy Hook shootings. A 7-year-old in Maryland was suspended for chewing a breakfast pastry into the shape of a gun, while others have received the same punishment for pointing their fingers like guns or using toy guns that blow bubbles. Suspension seems like a counterintuitive disciplinary tool, since many children would prefer to stay home from school, anyway. Why is suspension such a common punishment?

Because it’s familiar, cheap, and convenient. It’s also demonstrably ineffective. Its deterrent value is low: A 2011 study showed that Texas students who were suspended or expelled at least once during middle school and high school averaged four such disciplinary actions during their academic careers. Fourteen percent of them were suspended 11 times or more. Suspensions don’t even seem to benefit the school as a whole. In recent years, while Baltimore city schools have dramatically reduced suspensions, the dropout rate has been cut nearly in half.

Still, surveys consistently show that parents support suspension, because it keeps those students perceived as bad apples away from their peers. Principals continue to rely on suspension, in part because it creates the appearance of toughness. Parents can’t complain about inaction when a principal regularly suspends or expels bad actors. Administrators may also favor suspension because it edges problem students out of school: Students who have been suspended are three times more likely to drop out. Some researchers refer to a student who gives up on school after repeated suspension as a “push out” rather than a dropout.

Why do we suspend children from school? – Slate Magazine

 

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An American Dream

thumbnail.aspxAn American Dream

High-speed trains in the United States: Is Alfred Twu’s fantasy map too fantastical? – Slate Magazine

Last month, graphic designer and railroad aficionado Alfred Twu published a stunning map of what America would look like if virtually every last nook and cranny of the country were connected by a state-of-the-art, 220-mph rail network. Twu’s plan for a national high-speed rail system could get passengers from Cheyenne, Wyo., to Albany, N.Y., in just under 12 hours. It captured an old-school patriotic longing among young tech-savvy Americans for big, prestige projects with a design that was elegant in its simplicity. Online media outlets described Twu as a “visionary.” “This Is What America’s High-Speed Rail System Should Look Like” was one typically glowing headline.

Some conservatives had a different description for Twu and his map. “High-speed rail supporter Alfred Twu has gotten a lot of attention for having boldly drawn a map of where he thinks high-speed trains should go,” wrote Randal O’Toole of the libertarian Cato Institute. “Twu’s map is even more absurd than Obama’s plan,” he wrote, describing the map, and high-speed rail in general, as a “ridiculous fantasy.”

O’Toole’s reaction demonstrated one of the principal reasons why American high-speed rail has been mostly stymied: One person’s beautiful vision of the future is another’s terrifying government boondoggle. The Obama plan to use $8 billion in stimulus money as a carrot to get states to invest in high-speed rail went down in flames two years ago. It failed largely because Republican governors in states such as Florida rejected federal funds. But if there were some way to get beyond partisan politics and legal battles over right-of-way issues, what would an ideally efficient map of an American high-speed rail system actually look like?

High-speed trains in the United States: Is Alfred Twu’s fantasy map too fantastical? – Slate Magazine

 

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