Saturday, August 29, 2015

"Is It Ethical to Chemically Castrate a Child Sex Offender?"

The question in the title of this post is the headline of this RYOT piece discussing an alternative sentencing debate afoot in Australia.  Here is how the piece gets started (with links from the original):

When it comes to its convicted child sex offenders, Australia is considering nipping the problem in the bud, literally.  The country may soon require perpetrators to be chemically castrated instead of sent to prison, VICE News reports.

New South Wales’ justice minister, Troy Grant, would like the treatment to be made mandatory since the rate of recidivism for sex offenders is so high, according to the Australian Broadcasting Corporation.  About 17 percent are arrested for a similar crime within two years of being released from prison.  Currently, sex criminals can volunteer for treatment, but are not required to undergo it.

Child sexual abuse runs rampant in Australia.  Thirty percent of the population reports having fallen victim to it in their lifetime, 10 percent of whom say the abuse was “severe,” a report by the Australian Institute of Criminology found.

Anti-libidinal treatment is nothing new.  In fact, courts in Western Australia and Victoria can already mandate libido-reduction treatment to convicts who have been deemed dangerous by prison standards.

In the US, child sex offenders could potentially be sentenced to life in prison; many opt to undergo anti-libidinal treatment instead of extended prison stays, especially since even after sex-offending convicts are released, at least seven states mandate they remain in confinement.

Compared to other offenses, recidivism rates for sex criminals in America are not as high. Only about 5 percent are sent back to prison within three years for a similar crime. Yet states such as Iowa, Florida and California can require sex offenders to be administered libido-eliminating treatment.

Sex offenders may not be a particularly sympathetic group since they pose a serious threat to the most vulnerable members of society, children. Still, many feel chemical castration goes too far.  

Both Amnesty International and the American Civil Liberties Union in the US have condemned the practice, calling it inhumane.  “At first sight, forced chemical castration could be taken as a matter-of-course decision; however, it is incompatible with human rights, which are the foundation of any civilized democratic society,” read a statement by Amnesty International in March 2012.

In addition to the controversy around forcing people to take drugs they may not want in their bodies, the drugs used for chemical castration don’t come without their fair share of side effects, namely symptoms mimicking menopause in women.

August 29, 2015 in Criminal Sentences Alternatives, Sentencing around the world, Sex Offender Sentencing, Technocorrections | Permalink | Comments (7)

"Federal Drug Sentencing Laws Bring High Cost, Low Return"

The title of this post is the title of this notable new Pew Public Safety Performance Project Issue Brief, which gets started this way:

More than 95,000 federal prisoners are serving time for drug-related offenses—up from fewer than 5,000 in 1980. Changes in drug crime patterns and law enforcement practices played a role in this growth, but federal sentencing laws enacted during the 1980s and 1990s also have required more drug offenders to go to prison— and stay there much longer—than three decades ago. These policies have contributed to ballooning costs: The federal prison system now consumes more than $6.7 billion a year, or roughly 1 in 4 dollars spent by the U.S. Justice Department.

Despite substantial expenditures on longer prison terms for drug offenders, taxpayers have not realized a strong public safety return. The self-reported use of illegal drugs has increased over the long term as drug prices have fallen and purity has risen. Federal sentencing laws that were designed with serious traffickers in mind have resulted in lengthy imprisonment of offenders who played relatively minor roles. These laws also have failed to reduce recidivism. Nearly a third of the drug offenders who leave federal prison and are placed on community supervision commit new crimes or violate the conditions of their release—a rate that has not changed substantially in decades.

August 29, 2015 in Data on sentencing, Federal Sentencing Guidelines, Mandatory minimum sentencing statutes, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

Friday, August 28, 2015

Massachusetts SJC rules local sex offender restrictions preempted by state law

As reported in this Boston Globe article, "Massachusetts cities and towns cannot broadly restrict where sex offenders can live, the state’s highest court ruled Friday, declaring that measures in place in more than 40 municipalities were in conflict with state law."  Here is more on the ruling: 

The decision came as the Supreme Judicial Court upheld a lower court ruling on a Lynn ordinance that the judges said would have affected 95 percent of the city’s residential properties.  The court decried the measure, which it said conflicted with a 1999 state law that set up a system to keep track of sex offenders in communities.

“Except for the incarceration of persons under the criminal law and the civil commitment of mentally ill or dangerous persons, the days are long since past when whole communities of persons, such Native Americans and Japanese-Americans may be lawfully banished from our midst,” the ruling said.

Timothy Phelan, who sponsored the Lynn ordinance when was City Council president in 2011, called the decision discouraging and disappointing. SJC rules against sex offender zone laws in Mass.  “It seems like the rights of children are taking a back seat to what is politically correct,” Phelan said.

The ordinance placed strict limits on the ability of Level 2 and 3 sex offenders — those deemed by the state to have moderate and high risks of reoffending — from living within 1,000 feet of a park or school.

John Reinstein, the attorney who argued the case on behalf of three registered sex offenders, said the strong language in the ruling is “a shot across the bow to any attempt to provide the authority for broad-based restrictions to cities and towns.” Reinstein began work on the subject while he was legal director of the American Civil Liberties Union of Massachusetts and continued after his retirement in 2013.

He and his colleagues had urged the court to reject the law on constitutional grounds, arguing that it violated the fundamental rights of sex offenders to move freely within the state and choose where they live.

Friday’s decision instead followed a lower court ruling in deciding that the ordinance violated “home rule” provisions because it is a local measure in conflict with state law. The outcome leaves open the possibility that lawmakers could restore the ability of municipalities to create residency restrictions for sex offenders.

The full unanimous Massachusetts SJC ruling is available at this link.

August 28, 2015 in Collateral consequences, Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Reentry and community supervision, Sentences Reconsidered, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (1)

Arkansas political corruption case showcases corruptness of federal sentencing guidelines

This local reporting from Arkansas, headlined "Martha Shoffner gets 30 months in bribery case," details today's federal sentencing of a significant political figure in the Natural State. Here are the basics, with some commentary to follow:

Judge Leon Holmes has sentenced former Arkansas Treasurer Martha Shoffner to 30 months in prison for taking bribes for state bond business. It will be followed by some supervised release. No fine was assessed.  The 71-year-old will have to report to a Fort Worth prison in 60 days.

She faced as much as 15 years in prison under federal sentencing guidelines.  Her attorney had asked for 12 to 18 months, with half that in home detention.  U.S. Attorney Chris Thyer, who'd asked for 60 months, said he was satisfied with the outcome....

Judge Leon Holmes said Shoffner had netted little — he ordered restitution of $31,000 she'd kept in bribes — but as a public official should do prison time....

Shoffner's attorney argued that the only loss was $36,000 in bribes, not the value of the bond business of $1.7 million. Holmes held there were multiple payments for multiple actions and the $36,000, paid in six installments, didn't amount to a single payment, which also means a potential enhancement of the sentence. He said [bribe giver Steele] Stephens benefited from the bribes to the tune of $900,000 the amount by which his $1.7 million in commissions exceeded the next biggest bond dealer who did business with Shoffner.

[Defense attorney Chuck] Banks asked the court to show mercy on Shoffner, saying she "made a terrible, terrible error in judgment" and characterizing her as "gullible" and "clueless." He said that she was inclined to accept the bribes from Stephens in large part because she was in a bad financial situation, having underestimated the cost of commuting on a regular basis between Newport and Little Rock.

Banks asked Holmes to consider Shoffner's "good deeds," including her work for the Humane Society. He presented the court with a picture of her dog, Fred, and said he was moved by the fact that after Shoffner was first arrested, she asked Banks to call her sister to check on Fred. He called two character witnesses to the stand to testify on her behalf.

He also said that in her capacity as treasurer, Shoffner's books consistently balanced and audits found no problems in the accounts of the office itself. "She was in all honesty doing a pretty dadgum good job," Banks said. "I'm proud to be standing with this poor woman here at this dark hour ... she really is gullible. She really is naive."...

Banks said Shoffner has experienced the most public vilification that he has ever seen in his career as an attorney.  He compared her haggard appearance today with a picture of her being sworn in a few years ago, to show the physical toll her ordeal has taken.  He said she was now "disgraced," "broke" and "ostracized" and noted that she drove to the courthose in a 2003 Oldsmobile this morning.

He also pointed out that Steele Stephens received complete immunity from prosecution for his cooperation with the FBI.  Stephens got a $25,000 fine and lost his brokers license, and "that's it," Banks said.

The attorney argued that sentencing Shoffner to a long period in jail would not serve the public interest, and urged Holmes to give her only as much punishment needed "to repair people's confidence in the office."  She might not live out a harsh sentence, he said.

Especially because to this day I remain grumpy Bill Clinton never got prosecuted for his crimes while in office, I tend not to be eager to argue for mercy for lawbreaking politicians. But, if I read the facts here right, it seems the bribe-giver netted nearly $1 million dollars in benefits and gets only a small fine for his misdeeds because of his FBI cooperation while the bribe-taker is headed off the prison for a couple years even though she has already been disgraced and likely never posed any real risk to public safety.

That all said, I do not find either the 30-month sentence imposed by the federal judge or even the 5-year sentence recommended by the federal prosecutor too troublesome. What offends me is a guideline structure that would recommend a 15-year(!) prison sentence for a 71-year-old, first-time offender who poses no risk to public safety. That guideline recommendation strikes me as crazy on these facts, and it is reassuring that the prosecutor here had the good sense to only urge a sentence only 1/3 as long as the guidelines recommend and that the judge imposed a sentence only half as long as the prosecutor requested. And it is cases like this that still lead me to consider circuit courts misguided in the post-Booker jurisprudence to embrace any kind of presumption of reasonableness for within-guideline sentences.

August 28, 2015 in Federal Sentencing Guidelines, Scope of Imprisonment, White-collar sentencing | Permalink | Comments (3)

Despite copious reform talk, big and tough federal drug sentencing system churns on

ChartAs regular readers know, talk of federal sentencing reform, especially drug sentencing reform, has been all the rage in recent years.  And yet, as this new report from the US Sentencing Commission details, in the last fiscal year, the federal criminal justice system still sentenced tens of thousands of drug offenders to hundreds of thousands of years of federal imprisonment.

The new report, titled excitingly "Overview of Federal Criminal Cases, Fiscal Year 2014," actually reports a decline in the overall number of federal criminal case sentences in the last fiscal year.  But this overall decline was driven mostly by a significant decline in immigration cases.  Here are some snippets from the report which highlight some of modern federal sentencing trends:

The number of individual offenders sentenced each year grew steadily after the Commission began reporting sentencing data in 1988, reaching a high of 86,201 individual offenders sentenced in fiscal year 2011.  Since then the number of cases has decreased each year.  In fiscal year 2014, the number of individual offender cases reported to the Commission fell by 4,199 (5.2%) cases from the previous year to 75,836.  Since fiscal year 2011, the number of these cases has declined by 12.0 percent....

Drug cases have traditionally been the most common federal cases.  However, beginning in fiscal year 2009, the number of immigration cases steadily increased, reaching a high of 29,717 such cases in fiscal year 2011.  That year immigration cases were the most common offense in the federal system....  In fiscal year 2014, 24,011 drug cases were reported to the Commission, accounting for 31.7 percent of all cases. Most of these cases involved drug trafficking offenses.  That year there were 22,238 immigration cases, accounting for 29.3 percent of the total federal caseload that year....

Several factors affect the average prison sentence for drug offenders, including statutory mandatory minimum punishments, the quantity of the drugs involved in the case, the prior criminal history of the offender, and whether the offender assisted the government in the investigation of his or her crime and other crimes.

For more than 20 years, crack cocaine offenders have been the most severely punished, however the length of imprisonment imposed in these cases has decreased steadily since 2007.  In fiscal year 2014, the average imprisonment for drug crimes involving crack cocaine was 93 months of imprisonment (with a median sentence of 72 months).  This compares to a high of 129 for these offenders in fiscal year 2007.  Methamphetamine offenders are the next most severely punished drug crimes, with an average length of imprisonment of 88 months (and a median sentence of 70 months).  Marijuana offenders have the lowest average imprisonment at 36 months (with a median sentence of 24 months)....

Mandatory minimum penalties enacted by Congress play a large part in determining the sentence for drug offenders, either outright or through the impact of these statutes on the structure of the guidelines.  In fiscal year 2014, half of all drug offenders were convicted of an offense carrying a mandatory minimum penalty, however, this proportion was the lowest it has been since the Commission began reporting data about mandatory minimum penalty application in 1993.  The portion of drug cases carrying a mandatory minimum penalty in fiscal year 2013 was 62.1 percent.  This significant reduction was due, in large part, to a change in the policy of the Department of Justice as to how to charge drug cases.

In fiscal year 2014, powder cocaine offenders and methamphetamine offenders were convicted of an offense that provided for the imposition of a mandatory minimum sentence at the highest rates — 65.4 percent in powder cocaine cases and 61.8 percent in methamphetamine cases.  Mandatory minimum penalties were least common in drug cases involving “other” drugs (mostly prescription drugs) and marijuana, accounting for 4.3 percent and 33.2 percent, respectively, of those cases.

These data highlight that DOJ's new charging policies have a measurable impact of the operation of the federal sentencing system. But that change did not dramatically alter the modern annual pattern of more than 125,000 cumulative years of future federal prison time being imposed on all federal drug defendants. All those years, at a conservative average taxpayer cost of $30,000 per year, means just federal drug sentencing in 2014 served to commit nearly $4,000,000,000 in future federal taxpayer funds to incarcerating those drug defendants sentenced over the last USSC fiscal year.

August 28, 2015 in Data on sentencing, Detailed sentencing data, Drug Offense Sentencing, Federal Sentencing Guidelines, Mandatory minimum sentencing statutes, Scope of Imprisonment, Who Sentences? | Permalink | Comments (0)

Do tough sex offender restrictions really hurt women and children more than keeping them safe?

The question in the title of this post is prompted by this lengthy new Al-Jazeera America article headlined "Collateral damage: Harsh sex offender laws may put whole families at risk: Research says that registries and residency bans leave children of sex offenders vulnerable to bullying, homelessness." Here are excerpts:

In 1996, Congress passed Megan’s Law, which allowed states to publicize the names of those convicted of sex offenses. A wave of federal and state laws followed that created online sex offender registries, broadened who is listed and restricted where registrants can live.

But today there’s a growing body of research and court opinions questioning those laws’ effectiveness and constitutionality. No studies have looked at what proportion of the country’s nearly 850,000 people on state registries are providing for families of their own. Activists say, however, that thousands of female partners and children are being hurt by laws that aim to protect kids....

Vicki Henry, who runs Women Against the Registry, a group trying to roll back registration and residency laws nationwide, [with] volunteers operate a hotline for family members of registrants seeking help in dealing with the consequences of those laws. They field about 100 calls a month, Henry says.

The only quantitative study to date suggests how serious those consequences may be. In the American Journal of Criminal Justice in January 2009, researchers Jill Levenson and Richard Tewksbury reported on their survey of nearly 600 immediate family members of registrants. More than 20 percent said they had to move out of a rental because their landlord found their relative’s name on the registry, and 40 percent said they found it hard to find an affordable place to live.

Respondents said that their kids didn’t fare well either. Two-thirds reported that their children felt left out of activities because of their parent’s status, more than three-quarters said their children were depressed, and almost half reported that their children were harassed....

Two new qualitative studies provide more backing for the 2009 study findings. From 2010 to 2012, a team of researchers from four universities surveyed almost 450 registrants about the consequences for their families of their being on the list. Their report on the study ran in the October 2014 Justice Policy Journal. Another by two University of Delaware researchers involved surveys last year of 36 family members and interviews with 16 of them; it’s still under review for publication. Both studies asked open-ended questions, so the researchers couldn’t crunch any numbers. But key themes run through the responses — children being shunned and harassed, families struggling to find a place to live, wives losing friends and jobs because a husband is on the list....

Those families may be the collateral damage in a war on sex crimes that’s been underway since passage of Megan’s Law. But it’s far from clear that the chief weapons politicians have employed — registries and residency bans — are helping to protect children or the public.

None of the six studies on sex offender registries conducted between 1995 and 2011 found that registries lowered recidivism, according to a meta-analysis of 20 years of research in the November 2012 Journal of Crime and Justice. “Over the last 15 years, sex offender registries have been established in all empirical forums not to reduce sexual offending behavior, violence, or the number of victims,” Kristen Zgoba, coauthor of that study, wrote in an email.

There’s an even broader consensus on residency restrictions. A U.S. Department of Justice brief released last month concluded that “research has demonstrated that residence restrictions do not decrease and are not a deterrent for sexual recidivism.” And a December 2013 study report in the journal Criminal Justice Policy Review noted that Florida’s residency laws likely play a “significant role” in homelessness and transience among sex offenders.

August 28, 2015 in Collateral consequences, Criminal Sentences Alternatives, Data on sentencing, Procedure and Proof at Sentencing, Sex Offender Sentencing | Permalink | Comments (1)

Thursday, August 27, 2015

"Criminal Justice Reform Begins With Fair Sentencing and Fair Chances"

American-spectator_20070710The title of this post is the headline of this new commentary which strikes me as especially notable because (1) it is authored by the Coaltion for Public Safety's senior policy advisor, Lance Lemmonds, who recently worked for the Association of Prosecuting Attorneys and on a number of Republican campaigns, and (2) it is published by The American Spectator.  Here are excerpts:

Political conservatives who, since at least the Nixon administration, have worn with pride the badge of “tough on crime” are beginning to realize that tough doesn’t necessarily mean the same as being “smart on crime.”

Just as the private sector has embraced the mantra of “working smarter, not harder,” it’s time for federal and state officials to acknowledge the need for a smarter and more cost-effective criminal justice system.

Reducing life-without-parole sentences is one of several planks in the Coalition for Public Safety’s nonpartisan campaign for fair sentencing and fair chances, the overall goal of which is aimed at reducing the nation’s burgeoning jail and prison populations and breaking down the barriers to successful re-entry into society.

The coalition supporting the fair sentencing and fair chances campaign believes that we can dramatically reduce the enormous amount of money — currently $80 billion — that American taxpayers spend annually on incarceration in the state and federal jail and prison systems — and do so without jeopardizing public safety.  That coalition includes the conservative groups Americans for Tax Reform, Faith & Freedom Coalition and FreedomWorks.

In addition to calling for a reduction in the number of life-without-parole sentences, CPS’ fair sentencing and fair chances campaign is also calling for reducing the length of federal mandatory-minimum sentences for nonviolent offenses, so that the punishment fits the crime.  That will help safely alleviate prison overcrowding while also curbing burgeoning costs....

At both the federal and state levels, we also advocate greater use of alternatives to incarceration, where appropriate.  These include restitution, community supervision and residential re-entry centers, both pre-trial and post-sentencing, as well as expanded access to mental health care, substance-abuse treatment, education and job training.

Programs that allow inmates to reduce their sentences through credit for good behavior and participation in recidivism-reduction training should be expanded. So should the sealing of criminal records, where appropriate, to encourage rehabilitation and to make it easier for ex-offenders to find gainful employment and reintegrate into society....

Clearly, something needs to be done when, since 1980, the federal prison population has increased nearly tenfold and the state prison population has quadrupled.  More than 1 percent of all U.S. adults are now behind bars, by far the highest rate of any nation in the world.

By addressing much-needed reforms to the current one-size-fits-all approach to prison sentencing, and by also reducing barriers to education, housing, and employment that so many ex-offenders face, we can protect our communities and increase public safety.  We must seize this unique opportunity for progress to make the justice system smarter, fairer, and more effective.

August 27, 2015 in Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (2)

BJS releases latest data on crime victimization throughout United States

This new press release from the Bureau of Justice Statistics reports on encouraging crime news for 2014 based on one notable metric. Here are the basic data from the press release:

The violent crime rate did not change significantly in 2014 compared to 2013, the Bureau of Justice Statistics (BJS) announced today. Violent crimes include rape or sexual assault, robbery, aggravated assault and simple assault.  In 2014, the violent crime rate was 20.1 victimizations per 1,000 U.S. residents age 12 or older.

The rate of domestic violence, which includes crime committed by intimate partners (current or former spouses, boyfriends or girlfriends) and family members was also unchanged from 2013 to 2014 (4.2 per 1,000). Likewise, in 2014 the rates of intimate partner violence (2.4 per 1,000), violence resulting in an injury (5.2 per 1,000) and violence involving a firearm (1.7 per 1,000) did not change significantly.

In comparison, the property crime rate, which includes burglary, theft and motor vehicle theft, fell from 131.4 victimizations per 1,000 households in 2013 to 118.1 per 1,000 in 2014.  The overall decline was largely the result of a decline in theft....

From 2013 to 2014, crime rates varied slightly by region. There was no significant difference in the rate of violent crime in the Midwest and South, while the Northeast and West had slight decreases.  Property crime rates decreased in the Midwest, South and Western regions of the country, but there was no significant change in the rate of property crime in the Northeast....

From 2013 to 2014, there were no significant changes in rates of violent crime across urban, suburban and rural areas.

The full new BJS report, excitingly titled "Criminal Victimization, 2014," is available here and the findings are based on data from the National Crime Victimization Survey (NCVS). Interestingly, while the press release quoted above emphasizes there has been no change in violent crime rate, the first few paragraphs of the full report provides a slightly more encouraging story based on the detailed numbers (and the broader multi-year trends) and highlighted by my emphasis below:

In 2014, U.S. residents age 12 or older experienced an estimated 5.4 million violent victimizations and 15.3 million property victimizations, according to the Bureau of Justice Statistics’ (BJS) National Crime Victimization Survey (NCVS).  There was no significant change in the overall rate of violent crime, defined as rape or sexual assault, robbery, aggravated assault, and simple assault, from 2013 (23.2 victimizations per 1,000 persons age 12 or older) to 2014 (20.1 per 1,000) (figure 1).  However, the rate of violent crime in 2014 was lower than the rate in 2012 (26.1 per 1,000).  From 1993 to 2014, the rate of violent crime declined from 79.8 to 20.1 per 1,000.

The overall property crime rate (which includes household burglary, theft, and motor vehicle theft) decreased from 131.4 victimizations per 1,000 households in 2013 to 118.1 victimizations per 1,000 in 2014.  The decline in theft accounted for the majority of the decrease in property crime.  Since 1993, the rate of property crime declined from 351.8 to 118.1 victimizations per 1,000 households.

This particular BJS data source had shown an uptick in overall crime in the period from 2010 to 2012. It is encouraging news that this data source is now showing that crime seemed to be going back down again in the period from 2012 to 2014.

August 27, 2015 in Data on sentencing, National and State Crime Data, Offense Characteristics | Permalink | Comments (4)

Might Tennessee soon have its machinery of death up and running?

The question in the title of this post is prompted by this AP story headlined "Judge upholds Tennessee lethal injection method." Here are the basics:

A Tennessee judge on Wednesday upheld the state's lethal injection process for executing inmates.

Davidson County Chancery Judge Claudia Bonnyman said from the bench that the plaintiffs, 33 death row inmates, didn't prove that the one-drug method led to a painful and lingering death.  She also said the plaintiffs didn't show during a lengthy trial that there have been problems in states where the method has been used. "Plaintiffs were not able to carry their burdens ... on any of their claims," Bonnyman said.

Plaintiffs' attorney Kelley Henry said they plan to appeal.

Attorney General Herbert Slatery said in a statement he hoped the families of victims would be comforted by the ruling.  "The State of Tennessee has worked very hard to make sure the protocol used is reliable and humane, today the Court recognized that," the statement said.  While much of the focus of this case has been on the inmates, we should not forget the victims and the heartache suffered by their families."

Tennessee's protocol calls for the use of pentobarbital mixed to order by a pharmacist, because the only commercial producer of the drug has placed restrictions on its distribution to prevent it from being used in executions.  Tennessee has not executed an inmate for more than five years because of legal challenges and problems in obtaining lethal injection drugs.

Lawmakers moved from a three-drug lethal injection method to a one-drug method and to reinstate the electric chair as a backup.  Both changes brought challenges, and all previously scheduled executions have been put on hold.

This ruling and the planned appeals by the death row defendants suggests that Tennessee might be a good state to watch to see if the Supreme Court's ruling in Glossip can really help states finally get their death penalty machinery back up and running.  In the wake of Glossip and absent any evidence of illicit chicanery by Tennessee officials, any appeals in this case ought to be resolved fairly expeditiously (especially if Tennessee were now set execution dates for some condemned murderers). But, of course, the condemned still have every reason, and surely will seek every opportunity, to continue to extend the lethal injection litigation for as long as possible in both state and federal courts. I have thought that Glossip should speed things along in this state and others, but only time will tell.

August 27, 2015 in Baze and Glossip lethal injection cases, Death Penalty Reforms, Procedure and Proof at Sentencing, Sentences Reconsidered | Permalink | Comments (1)

"When Prisons Need to Be More Like Nursing Homes"

The title of this post is the headline of this new lengthy Marshall Project piece about the challenges posed by an aging prison population.  Here is how it begins:

America’s prison population is rapidly graying, forcing corrections departments to confront the rising costs and challenges of health care in institutions that weren’t designed to serve as nursing homes.

Between 1995 and 2010 the number of inmates aged 55 and up almost quadrupled, owing in part to the tough-on-crime sentencing laws of the 1980s and 90s, according to a 2012 ACLU report. In 2013, about 10 percent of the nation’s prison inmates — or 145,000 people — were 55 or older. By 2030, the report said, one-third of all inmates will be over 55. At the same time, it is widely accepted that prisoners age faster than the general population because they tend to arrive at prison with more health problems or develop them during incarceration. Caring for elderly inmates can cost up to twice as much as caring for younger ones.

In North Carolina, for example, it costs an estimated four times as much. During the fiscal year 2006-2007 — its most recent figures — the state’s corrections department spent $33,824,060 on health care for inmates over 50, a 35% increase from just two years earlier.

Despite these runaway costs, there is no national oversight to determine how prisons handle the challenges of an aging population, says Marc Stern, a consultant in correctional health care.  “If a Medicaid or Medicare auditor walked into [a large urban hospital] to do an audit’’ Stern said, “they would say, ‘O.K., where's your geriatric unit? Where's your dementia unit?’ It's part of the audit process, it's part of the intelligence phase that is part of being part of a national organization.”

But some states are confronting the costs and the problems. Here is a look at some innovative programs in New York, California and Connecticut.

A few (of many) recent and older related posts:

August 27, 2015 in Offender Characteristics, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0)

Wednesday, August 26, 2015

Nebraska group submits signatures to halt death penalty repeal and set up fascinating 2016 vote

As reported in this new AP article, the "organization campaigning to reinstate Nebraska's death penalty after lawmakers repealed it in May said Wednesday it has collected more than enough signatures to suspend the law before it goes into effect and place it before voters in 2016."  Here is more:

Nebraskans for the Death Penalty, which was heavily financed by Republican Gov. Pete Ricketts and his family, said it had gathered 166,692 signatures from all 93 of the state's counties. Nebraska's unicameral Legislature had voted to repeal capital punishment over the objection of Ricketts, becoming the first traditionally conservative state to do so in 42 years.

The pro-death penalty group needed roughly 57,000 valid signatures from registered voters to force a statewide referendum, and double that number to immediately halt the death penalty repeal going into effect. They appear to have exceeded the 10 percent of registered voters hurdle needed to block repeal pending a November 2016 ballot measure on the issue.

"Nebraskans sent a strong message about crime and punishment in our state by signing this petition in extraordinary numbers," said state treasurer and former attorney general Don Stenberg, a co-chair of the petition drive....

Republican Attorney General Doug Peterson, who supports the death penalty, said in a statement that the signatures are "presumptively valid" until determined otherwise. Stenberg said no one will know the exact number of valid signatures for at least a month, but the state constitution makes clear that petitions go into effect on the day they're submitted.

Even if the law is suspended, Nebraska currently has no way to execute any of the 10 men on death row because its lacks two of the three required lethal injection drugs and has struggled to obtain them legally. The state paid $54,400 in May to order the drugs from a broker in India, but federal authorities have said they can't be legally imported.

Nebraska lawmakers voted by the narrowest possible margin, 30-19, to override Ricketts' veto. Ricketts assailed the Legislature as out of touch with the wishes of most residents. The repeal vote was helped by an unusual coalition of conservative state senators and more traditional death penalty opponents who had fought unsuccessfully for decades to eliminate the punishment. Some conservatives said they opposed it for religious and moral reasons, while others cast it as an inefficient government program that wastes tax money....

Nebraska hasn't executed an inmate since 1997, and has never done so using the state's current three-drug lethal injection protocol.

The announcement of the number of signatures caps an 82-day petition drive backed by Ricketts and his father, TD Ameritrade founder Joe Ricketts. The governor had given $200,000 to Nebraskans for the Death Penalty as of the last filing deadline on July 31, while his father had donated $100,000. The group raised a total of more than $652,000 from 40 individual donors and seven groups classified as businesses, political action committees and other entities.

The largest donation in July came from the conservative, Washington-based Judicial Crisis Network, which gave $200,000. Nebraskans for the Death Penalty relied on a combination of paid and volunteer petition circulators, and was aided by an Arizona-based strategist who specializes in ballot campaigns.

I find these developments fascinating, especially because it highlights that the symbolism of the death penalty seems so much more important to so many folks than the practicalities of the death penalty. Practically speaking, with no executions in nearly 20 years, the legislature's abolition largely made de jure what was already a de facto reality in the state. But that largely symbolic decision obviously troubled a lot of Cornhuskers (and motivated some folks to put some serious money into this issue), and now the issue will be decided by direct democracy rather than by representative democracy.

Because I am a huge fan of direct democracy, and especially because it will be very interesting to follow the Cornhusker capital campaigning (and its funders' capital contributions), I am pleased that this crime-and-punishment issue will now come before the voters in 2016. Sadly, because Nebraska is not likely to become a swing state in the broader presidential scene, I doubt the many wanna-be Prez candidates will feel compelled to weigh in on this "local" issue. But it still seems possible that this vote could make Nebraska a significant focal point in the (never-ending) national debate over death penalty policy and practices.

August 26, 2015 in Death Penalty Reforms, Purposes of Punishment and Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (2)

Notable talk of crimnal justice reform at GOPAC State Legislative Leaders Summit

My local Columbus Dispatch has this notable article about notable policy message that was delivered to top GOP state lawmakers at a notable conference this week.  The article is headlined "Packing prisons not the answer, lawmakers told," and here are excerpts:

Meeting in a state where more than 50,000 people live in prisons built to hold about 39,000, Republican state lawmakers from across the country were told Tuesday that “tough on crime” must be replaced by a smarter approach to criminal justice.

“Conservatives recognize we have too many criminal laws,” said Patrick Purtill Jr., director of legislative affairs for the Faith and Freedom Coalition, told a room of GOP lawmakers attending the annual GOPAC State Legislative Leaders Summit, held this year in Columbus.

“We’re sending too many people to prison. We’re spending too much money to keep them there for far too long. And we’re doing too little to re-enter them into our communities. It’s becoming increasingly clear that over-criminalization and over-incarceration are making our communities less safe.”

Republicans are leading the country on criminal-justice reform, said David Avella, chairman of GOPAC, a national group that grooms Republican lawmakers and candidates and provides forums for the sharing of conservative policies. “If you want to look at how we heal some of the divisions our country faces right now, this is a winning issue for us,” he told the conference, which runs through Thursday.

The Faith and Freedom Coalition is one of seven organizations stretching across the ideological spectrum that is partnering with the U.S. Justice Action Network to implement laws that reduce prison populations, implement more rational criminal penalties, and do more to help inmates re-enter society.

Ohio, along with Pennsylvania and Michigan, currently are the Action Network’s three target states for criminal justice reform. The group is working with Ohio lawmakers such as Senate President Keith Faber, R-Celina, and Rep. Barbara Sears, R-Sylvania. “These reforms make us safer. They’re not just cost-saving measures,” said Holly Harris, executive director of the Justice Action Network, pointing to Pew Chartable Trusts data that shows states with the biggest drops in prison populations also are seeing some of the greatest decreases in crime rates....

Faber, an attorney and former probation officer, told the [Ohio legislature's] Recodification Committee in June to “ swing for the fences.” He told GOPAC attendees that he knows Republicans have traditionally approached criminal justice with a “tough on crime” attitude. “This isn’t about making sure the bad guys get out earlier,” he said. “But we need room for the really bad guys, and the question is what do we do about the people that aren’t so bad?”

Faber hopes the committee will have recommendations by next summer. “One of the things I hope we do is give judges discretion back,” Faber said. “Another thing we need to look at is making that finer line between what is a felony and what isn’t. I also hope they look at what we need to increase the penalties for to stop that recidivism cycle.”

August 26, 2015 in Campaign 2016 and sentencing issues, Drug Offense Sentencing, Elections and sentencing issues in political debates, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (0)

New research report examines impact of "Realignment" on crime in California in 2014

Via an email from the Center on Juvenile and Criminal Justice (CJCJ), I received news about this notable new research report titled "Realignment and Crime in 2014: California’s Violent Crime in Decline." Here is how the CJCJ report was summarized in the email I received:

A new report from the Center on Juvenile and Criminal Justice examines the impact of Public Safety Realignment on county crime given newly produced 2014 data. CJCJ finds no causal relationship between Realignment and changes in rates of reported Part I offenses.

• Since Realignment was implemented in 2011, statewide violent crime and property crime have generally decreased. This decline seems to be a continuation of the downward crime trend of the past two decades that has not demonstrably been affected by Realignment.

• Almost all counties experienced a decrease in their rates of state prison commitments for non-violent offenses in 2013 versus 2010. However, these declines showed no correlation with changes in crime rates in individual counties in 2014 versus 2010. For example, Orange County’s rate of non-violent prison admissions decreased by 53 percent along with substantial reductions in crime, while adjacent Riverside County saw a 30 percent decrease in non-violent prison admission rates along with less favorable crime trends.

• Trends in motor vehicle theft, which some researchers have connected to Realignment, were highly erratic among individual counties (for example, down 35 percent in Fresno County; up 102 percent in Shasta County). No correlations between Realignment and motor vehicle theft were apparent.

This report builds on CJCJ's previous county-level analyses finding that no definitive conclusions can be drawn about the impact, if any, of Realignment on crime at this time. Instead, this report highlights nine “model counties” that have shown uniquely large decreases in reliance on state prisons alongside uniquely large reductions in property, violent, and total crime. Policymakers should study the measures taken in these nine counties to better implement effective and safe statewide decarceration strategies.

August 26, 2015 in Data on sentencing, Detailed sentencing data, National and State Crime Data, Reentry and community supervision, Scope of Imprisonment, State Sentencing Guidelines | Permalink | Comments (2)

"Why the U.S. is No. 1 -- in mass shootings"

In light of sad and tragic news of yet another multiple-murder shooting in Virginia (CNN report here), I found especially notable this Los Angeles Times article about some sociology research on high-profile crimes in the United States.  The piece has the headline given to this post, and it gets started this way:

The United States is, by a long shot, the global leader in mass shootings, claiming just 5% of the global population but an outsized share -- 31% -- of the world's mass shooters since 1966, a new study finds.

The Philippines, Russia, Yemen and France -- all countries that can claim a substantial share of the 291 documented mass shootings between 1966 and 2012 -- collectively didn't even come close to the United States.

And what makes the United States such a fertile incubator for mass shooters? A comprehensive analysis of the perpetrators, their motives and the national contexts for their actions suggests that several factors have conspired to create in the United States a potent medium for fostering large-scale murder.

Those factors include a chronic and widespread gap between Americans' expectations for themselves and their actual achievement, Americans' adulation of fame, and the extent of gun ownership in the United States.

Set those features against a circumstance the United States shares with many other countries -- a backdrop of poorly managed mental illness -- and you have a uniquely volatile brew, the new study says.

With those conclusions, University of Alabama criminologist Adam Lankford set out to illuminate the darker side of American "exceptionalism" -- the notion that the United States' size, diversity, political and economic institutions and traditions set us apart in the world. Lankford's paper is among those being presented this week at the American Sociological Assn.'s annual meeting, in Chicago.

Perhaps no single factor sets the United States apart as sharply as does gun ownership, wrote Lankford. Of 178 countries included in Lankford's analysis, the United States ranked first in per-capita gun ownership. A 2007 survey found 270 million firearms in U.S. civilian households -- an ownership rate of 88.8 firearms per 100 people. Yemen followed, with 54.8 firearms per 100 people.

August 26, 2015 in Gun policy and sentencing, National and State Crime Data, Second Amendment issues | Permalink | Comments (9)

How did Boston bombing jurors not get informed some victims did not favor death sentence for Dzhokhar Tsarnaev?

As regular readers may recall from this post back in April, Bill and Denise Richard, parents of 8-year-old Martin who was one of three people killed in the April 2013 explosions at the Boston marathon's finish line, wrote this stirring Boston Globe commentary about their hopes for the outcome in the federal criminal case against Dzhokhar Tsarnaev.  The Richards there expressed disinterest in a death sentence for Tsarnaev because of all the attention and appeals that such a sentence would necessarily bring for the duration of Tsarnaev's life behind bars.  As they explained, in order to be able to "turn the page, end the anguish, and look toward a better future," they were calling upon "the Department of Justice [to take] the death penalty off the table in an exchange for the defendant spending the rest of his life in prison without any possibility of release and waiving all of his rights to appeal."

As regular readers know, federal statutory law gives crime victims an inpedendent right to express their views in federal sentencing proceedings.  For that reason, and especially because the feelings and desires of all victims seems important, relevant and proper evidence for jurors trying to decide on a life/death capital verdict, I took for granted that anti-death-sentence victim views would get relayed in some way to the jurors deciding on the sentence for Tsarnaev.  (Indeed, I had long thought that one of many benefits of the federal Crime Victim Rights Act was to ensure federal court proceedings would regularly incorportate the views and voices of all victims, not just those prosecutors and/or defense attorneys brought forward.)

But this local interview with the first Boston bombing juror to speak publicly suggests that (1) the jurors were unaware of the Richards' perspective on how best to sentence Tsarnaev, and (2) at least one juror might have reached a different verdict if he knew of what the Richards had said.  Here is part of the introduction and transcript of the interview with Kevan Fagan, Juror 83, covering this ground: 

Kevan Fagan, “Juror 83″ in the trial of Dzhokhar Tsarnaev, sat down for an interview in our studio with WBUR’s Jack Lepiarz and David Boeri, who both covered the trial. The 23-year-old became the first juror to agree to be named, to have his picture taken and to talk about the trial, though he would not discuss the jury’s deliberations.

Fagan told WBUR that he may not have voted for the death penalty had he known that some bombing victims wanted Tsarnaev to get life in prison. He said he likely would have changed his vote had he been aware of opposition to the death penalty by the parents of 8-year-old Martin Richard, the youngest victim killed in the bombing.

“If I had known that, I probably — I probably would change my vote. But then again, if I knew that I wouldn’t be on the jury either,” he said in the interview. The jurors were ordered to avoid media coverage of the trial.

He is co-authoring a book about his experience titled “Juror 83 — The Tsarnaev Trial: 34 Days That Changed Me” that is expected to be released at the end of September....

DB: What impressed you? Did you find anything persuasive in the defense case?

KF: I think it was a very hard case, and I’m not a lawyer, so I don’t know if there have been harder cases to defend. I think they did the best that they could for their client.

DB: You didn’t know at the time that the Richard family and other families had written to the U.S. Attorney and to the Justice Department saying they were opposed to the death penalty?

KF: Oh sure. No, I had no clue about that.

JL: If you had known that, would you have changed your vote?

KF: If I had known that, I probably — I probably would change my vote. But then again, if I knew that I wouldn’t be on the jury either.

DB: What do you mean?

KF: If I went out of my way and disrespected the judge and went against his orders about researching things. That wouldn’t have been very fair or judicious of me.

Because this juror is writing a book about his experience as a juror — and especially because this juror will likely benefit personally from the publicity that provocative interviews will generate — I am a bit suspicious of his suggestion that his sentencing vote would have been different if he had full information about all victim perspectives.  Nevertheless, I now am wondering a lot about (a) whatever legal or strategic or practical issues surrounded decisions to keep jurors unaware of the Richards' (and other victims'?) perspectives on how best to sentence Tsarnaev, and (b) whether this jury unawareness, coupled with this juror's comments about the impact such information could have had, will become a key part of direct and collateral appeals of the Tsarnaev death sentence.

I cannot help but note a particular and particularly sad irony here: the commentary authored by the Richards movingly "urge[d] the Department of Justice to bring the case to a close"; but now this commentary, now combined with its failure to get known to the jury during the sentencing proceedings, seems itself likely to continue to generate legal issues and media attention.  The commentary not only noted, but now adds the reality that, a death sentence for Tsarnaev is all but certain to ensure this case will not be coming to a close for decades. So sad.

A few prior related posts:

August 26, 2015 in Death Penalty Reforms, Procedure and Proof at Sentencing, Sentences Reconsidered, Victims' Rights At Sentencing, Who Sentences? | Permalink | Comments (3)

"Clemency 2.0"

The title of this post is the title of this notable new paper by Paul Larkin Jr. now available via SSRN. Here is the abstract:

A trope heard throughout criminal justice circles today is that the system is a dystopia. Although most of the discussion and proposed remedies have centered on sentencing or release, this article focuses on clemency, which has become a controversial subject.  The last few Presidents have rarely exercised their pardon power or have used it for ignoble reasons.  The former withers the clemency power; the latter besmirches it.

President Obama sought to kick start the clemency process through the Clemency Project 2014, which sought to provide relief to the 30,000 crack cocaine offenders unable to take advantage of the prospective-only nature Fair Sentencing Act of 2010.  That initiative, however, is unlikely to jump-start the clemency power since it is quite limited — to drug offenders unable to benefit from the new crack-to-powder sentencing ratio.  But the vast expansion in the size of the federal correctional system, combined with the corresponding increase in the costs of federal corrections, may spur the president to renew his resort to clemency.  If so, the question becomes, How?

The discussion proceeds as follows: Part I traces the history of the clemency process, focusing on the President’s Article II power to grant an offender mercy.  Part II will ask why the clemency power has fallen into desuetude or disdain over the last few decades, and Part III will discuss whether clemency is likely to be reborn in the near future.  Part IV will conclude by recommending that the problem lies not in the power it-self, but in the process by which cases are brought to the President for his review and maybe in the people we have elected to make those decisions.

August 26, 2015 in Clemency and Pardons, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (3)

Tuesday, August 25, 2015

Despite Glossip, federal judge orders halt to Mississippi's lethal injection plans

I had thought that the Supreme Court's big Glossip Eighth Amendment ruling a couple of month ago could make it at least somewhat easier for states to get their condemned murderers to execution chambers.  But, intriguingly, only two executions have been carried out since Glossip was decided, and the United States thus remains on track in 2015 for the lowest yearly total of executions in a quarter-century.  

Moreover, as reported via this (somewhat confusing) AP article, headlined "Federal judge halts executions in Mississippi," even claims that would seem to have been resolved by Glossip are still disrupting state execution efforts in a least one state.  Here are the basic details:

A federal judge on Tuesday temporarily blocked the state of Mississippi from using two drugs in executions, shutting down the death penalty in the state for now.

U.S. District Judge Henry T. Wingate issued a temporary restraining order saying Mississippi officials cannot use pentobarbital or midazolam, two drugs used to render prisoners unconscious. Mississippi law requires a three-drug process, with the sedative followed by a paralyzing agent and a drug that stops an inmate's heart.

Jim Craig, a lawyer for two inmates, said Wingate gave the order verbally Tuesday in a phone conference with him and other lawyers. Wingate was supposed to issue a written order, but no written copy was yet available later in the day.

Grace Simmons Fisher, a spokeswoman for the Mississippi Department of Corrections, wrote in an email that the order bars the state from using any drug to execute a condemned inmate. The state quickly filed notice Tuesday saying it will ask the 5th U.S. Circuit Court of Appeal to overturn Wingate's order.

"We are extremely disappointed that the federal court has frustrated the State of Mississippi's lawful duty to enforce its criminal sentence of capital punishment," Attorney General Jim Hood said in a statement. "Just months ago the United States Supreme Court approved Oklahoma's method of lethal injection. Mississippi's method follows that of Oklahoma. We feel strongly that the district court misapplied the law."

Craig expects Wingate to issue a preliminary injunction that could freeze executions until the case is complete. Craig said Wingate told lawyers he would expedite the case.

Mississippi is one of a number of states facing legal challenges to lethal injections. Hood's office asked the state Supreme Court in July to set a Thursday execution for convicted murderer Richard Jordan, one of the plaintiffs in the suit, but the state court never acted.

Prisoners say they face risks of excruciating pain and torture during an execution, and that such pain violates the U.S. Constitution's Eighth Amendment prohibition against cruel and unusual punishment. The suit says there's no guarantee Mississippi can mix a safe and effective anesthetic to knock out prisoners, and even then, prisoners could remain conscious during execution.

As the case was proceeding, Hood's office told Wingate that Mississippi was abandoning its plans to use pentobarbital and instead would use midazolam to knock out prisoners. Mississippi officials have said they've struggled to buy pentobarbital as death penalty opponents pressured manufacturers to cut off the supply.

August 25, 2015 in Baze and Glossip lethal injection cases, Death Penalty Reforms, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (12)

"Why Europe Is Exploring Drug Decriminalization"

The title of this post is the headline of this notable article about international drug war developments.  Here is how the piece gets started:

Fourteen years ago, fed up with the losing fight against overdose deaths and the rising prevalence of HIV/AIDS, Portugal embarked on a bold experiment by decriminalizing all drugs and taking a public health approach to illegal drug use.  It now has the second-lowest number of drug-induced deaths in all of Europe and has seen a steady decrease in the number of newly diagnosed HIV and AIDS patients.  Now, other countries are looking to Portugal’s success.  Chief among them is Ireland, which is inching toward the notion that drug abuse should be handled as a public health rather than a criminal justice issue.

In late July, Minister of State for the National Drugs Strategy Aodhán Ó Ríordáin invited representatives from regional drug and alcohol task forces to a roundtable discussion in Dublin on a possible move toward Portugal-style drug policy.  The meeting produced wide consensus on the decriminalization of all drugs, according to The Irish Times.  Ó Ríordáin is particularly interested in diverting funding for the prosecution and incarceration of drug users to rehabilitation programs.

“[Decriminalization] can’t happen by itself,” Ó Ríordáin, who was appointed in May, told The Irish Times. “There has to be a continuum of care. There has to be an understanding around supports and resources and counseling and all those different things.”  One tangible outcome Ó Ríordáin would like to see is the introduction of “consumption rooms” staffed with public health workers, where intravenous drug users can safely use drugs such as heroin and access clean needles. Portugal first established a consumption room in a facility near a health center and a police department in Lisbon in 2014.

Ireland’s legislative Committee on Justice, Defense, and Equality sent some of its members to Lisbon in June to learn more about the 15-year experiment with decriminalization. The delegation found a dramatic drop in the number of HIV/AIDS cases, a decrease in drug-related crime, and no increase in drug use. Predictions that Portugal would become a destination for drug tourists, the committee members wrote in their report from the trip, haven’t come true. Since the report’s release, the committee has invited comments on decriminalization from the public and expects to issue recommendations in October for how Ireland should move forward.

August 25, 2015 in Drug Offense Sentencing, Sentencing around the world | Permalink | Comments (0)

Ninth Circuit panel set for California's appeal of its (unconstitutional?) death penalty administration

Readers may recall that a little over a year ago, as first reported in this July 2014 post, US District Judge  Cormac Carney ruled in Jones v. Chappell (now Jones v. Davis) that California's administration of capital punishment was unconstitutional.  That ruling was based on the judge's conclusion that California operated a death penalty "system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual will actually be executed [, and which consequently] serves no penological purpose."   This Jones ruling was appealed by the state of California to the Ninth Circuit, and a Ninth Circuit panel is finally scheduled to hear oral argument in the case next week.

As reported in this local article, headlined "3 judges appointed by Democrats will hear California death penalty appeal," a notable troika of circuit judges will be the first to hear California's appeal:

The constitutionality of California’s death penalty system will be reviewed next week by a panel of three Democratic appointees on the U.S. 9th Circuit Court of Appeals.  Judges Susan P. Graber and Johnnie B. Rawlinson, Clinton appointees, and Paul J. Watford, an Obama appointee, were randomly assigned Monday to hear an appeal of a federal judge’s ruling that struck down the state’s death penalty law as unconstitutional.

Graber is a former Oregon Supreme Court justice. After joining the federal appeals court, she was once asked to recuse herself from a death penalty case out of Arizona because her father was killed in a carjacking nearly 40 years earlier. One of the teenagers sentenced to death for her father's killing later had his sentence overturned by the U.S. Supreme Court. Graber declined the recusal request in the Arizona case, which also involved a carjacking and killing.

Rawlinson is viewed as one of the most conservative Democratic appointees on the court. A former prosecutor from Las Vegas, Rawlinson was the only member of an 11-judge panel to vote to uphold a felony conviction of Barry Bonds, the former San Francisco Giants baseball player.

Watford, a former federal prosecutor, is viewed as a potential candidate for the U.S. Supreme Court if a seat opens up while President Obama is in office. He is generally described as a moderate.

The three are scheduled to hear arguments in Pasadena on Aug. 31 on last year’s death penalty ruling by U.S. District Judge Cormac J. Carney, appointed by former President George W. Bush.

As detailed in some prior posts below, a number of factors make Jones an interesting ruling for reasons that go beyond its basic significance of declaring unconstitutional the administration of the state capital punishment system with the most persons serving time on death row.  And, as revealed via this Ninth Circuit webpage, various amici have submitted briefs to the Ninth Circuit urging reversal or affirmance of the Jones decision. 

In the end, I am inclined to assert that the composition of this panel is relatively inconsequential.  Whichever side prevails on appeal, the other side is all-but-certain to appeal to the full en banc Ninth Circuit and/or the Supreme Court.  And, especially in the wake of all the dissents in Glossip, I think there is a reasonable likelihood SCOTUS will eventually take up this case no matter how the Ninth Circuit first deals with it.

Prior related posts:

August 25, 2015 in Death Penalty Reforms, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (0)

Might Pope Francis seek to (and succeed in getting) more federal sentencing reforms moving along?

The question in the title of this post is prompted by this notable new Yahoo Politics piece headlined "Criminal justice reformers await holy ally: Pope Francis." Here are excerpts: 

There’s a long history of religious leaders writing and teaching from inside prisons — from Martin Luther King to Paul the Apostle. But 78-year-old Pope Francis may be the most prominent religious leader to ever advocate for prison reform from the outside.

Last year, Francis called for an end to solitary confinement, the death penalty and life imprisonment. He has knelt down to wash and then kiss the feet of Roman inmates on two of the first Holy Thursdays of his papacy. Visiting a group of Bolivian prisoners recently, the pope told them he sees no difference between them and himself — they are all sinners.

Now Francis is coming to the United States, much to the delight of criminal justice reformers who have waged a growing bipartisan battle to scale back and remake the mammoth U.S. penal system. Reformers hope Francis’ visit to the Curran-Fromhold Correctional Facility in Philadelphia next month as part of his six-day U.S. tour will grab lawmakers’ attention.  A few days before visiting the inner-city prison, the pope will address Congress and could raise the issue of criminal justice reform there as well....

Francis is not the first pontiff to urge mercy and redemption for convicts. Pope Innocent X visited inmates in the late 1600s. Pope John Paul II famously forgave and asked for a pardon for the man who almost killed him in a 1981 assassination attempt, and Pope Benedict visited at least two prisons.  But Francis is unique in how much emphasis he’s put on the issue and how specific he’s been about how societies should treat their prisoners. He’s visited at least four prisons in his short tenure as pope, including one of the most dangerous in Latin America, and responded to hundreds of letters from U.S. prisoners serving life sentences for crimes they committed as juveniles.

In a speech to penal-law representatives from around the world in October 2014, the pope laid out his vision for criminal justice reform.  He called for an end to solitary confinement, which he compared to torture, and spoke out against pre-trial detention. (The U.S. sends thousands of people to prison each year because they cannot afford bail.) He spoke out against both the death penalty and life sentences.  (“A life sentence is just a death penalty in disguise,” said Francis.)  And he urged law enforcement to take pity on pregnant, old and young offenders.

The pope also urged countries to more broadly reflect upon the point of imprisonment.  Is it about bringing justice to victims and reforming the offenders?  Or is it simply revenge and a way to “scapegoat” stereotyped people for all social ills?  Addressing prisoners in Italy last year, Francis spoke passionately about how locking people up for years and years without giving them hope for reintegrating into society is wrong.

“Some consider taking a path of punishment, of misdeeds, of sins and just to suffer, suffer, suffer,” he said in a penitentiary in the Italian town of Isernia.  “To cage people … for the mere fact that if he is inside we are safe, this serves nothing. It does not help us.”

It’s unclear if Francis will use his visit with roughly 100 inmates in the Philadelphia prison’s gymnasium to advocate for specific reforms.  And his congressional speech could well focus instead on poverty, the need to care for the environment or welcoming immigrants — all major themes of his ministry.  “What we’re really hoping for are some specific United States statements,” said Karen Clifton, the executive director of the Catholic Mobilizing Network, an anti-death-penalty group. “We do incarcerate per capita more than anyone else in the world. He’s got to bring those facts to life.”

This could lead legislators to think twice about their priorities. “If this good and holy man says this is a concern, I think it affects the conscience of all legislators and especially Catholics,” said Pat Nolan of the American Conservative Union, a leader in the reform movement.

Some prior related posts on Pope Francis and criminal justice reform:

August 25, 2015 in Prisons and prisoners, Religion, Who Sentences? | Permalink | Comments (2)