July 30, 2016
"Rethinking 'Death Row': Variations in the Housing of Individuals Sentenced to Death"
The title of this post is the title of this interesting report authored by a group at Yale Law School and available via SSRN. Here is the abstract:
In 2015, individuals sentenced to death in the United States were housed in varying degrees of isolation. Many people were kept apart from others in profoundly isolating conditions, while others were housed with each other or with the general prison population. Given the growing awareness of the debilitating effects of long-term isolation, the placement of death-sentenced prisoners on what is colloquially known as “death row” has become the subject of discussion, controversy, and litigation.
This Report, written under the auspices of the Arthur Liman Public Interest Program at Yale Law School, examines the legal parameters of death row housing to learn whether correctional administrators have discretion in deciding how to house death-sentenced individuals and to document the choices made in three jurisdictions where death-sentenced prisoners are not kept in isolation. Part I details the statutes, regulations, and policies that govern the housing of those sentenced to death and reviews prior research on the housing conditions of death-sentenced prisoners. Part II presents an overview of decisions in three states, North Carolina, Missouri, and Colorado, where correctional administrators enable death-sentenced prisoners to have meaningful opportunities to interact with others. Given the discretion that correctional officials have over housing arrangements, these states provide models to house capital-sentenced prisoners without placing them in solitary confinement.
Judge Jack Weinstein authors mega-opinion threatening to find sentence unconstitutional if offender not placed in certain prison(!?!?)
A number of helpful reader alerted me to this notable local story describing the latest remarkable (and legally suspect?) sentencing opinion by US District Judge Jack Weinstein. The piece is (inaccurately) headlined "Brooklyn judge says no prison for convicted child molester," and here are the reported details:
A Brooklyn federal judge on Thursday urged the U.S. Bureau of Prisons to hold a convicted child molester in a medical facility and said he would find the 15-year mandatory minimum sentence unconstitutional if the bureau doesn’t comply.
The apparently unprecedented move by U.S. District Judge Jack Weinstein, who said defendant “D.W.” — identified on the court docket as Darnell Washington — had mental problems and would be a suicide risk in the general prison population, reflected the judge’s long-standing criticism of mandatory minimums.
Weinstein said Washington, 27, of Brooklyn, a repeat offender convicted of both child pornography charges and sexual exploitation of a minor, had been abused as a child, raped during an earlier prison stint, identified as gay and was suicidal.
The judge said 15 years in a regular prison would make him “uniquely vulnerable” to abuse or solitary confinement, and amount to cruel and unusual punishment. He said the time should be served at the Federal Medical Center prison in Devens, Massachusetts, where sex-offender treatment is available, or another medical facility.
The Bureau of Prisons is not obligated to follow a judge’s preference, but Weinstein said if his recommendations were ignored and Washington was put in “general population of a medium or high security prison” he was “prepared” to find the sentence unconstitutional.
“The court is required . . . to impose a sentence of fifteen years in prison on this defendant,” Weinstein wrote in his 215-page ruling. “But, it has the responsibility and power to ensure that the sentence is carried out in a civilized way.”
Until I have an opportunity to review the 200+ page opinion in this case (which I cannot yet find on-line), I am not yet prepared to criticize Judge Weinstein's work here. Moreover, now that the judge has imposed the formal sentence, I am not sure he even has any proper jurisdictional basis to declare it unconstitutional if (and when?) prison official do not comply with his placement mandate.
UPDATE: A helpful reader sent me a copy of the full opinion in US v. DW for posting here: Download US v DW
July 29, 2016
Is it lack of conviction, lack of courage, or just lack of cleverness that leads Dems to be so weak on criminal justice reform advocacy?
In this post on Monday, I predicted we would hear a lot more this week about criminal justice reform from leading Democrats during the DNC than we had heard last week from leading Republicans during the RNC. I suppose that prediction was not entirely mistaken, as both Prez Obama on Wednesday and Prez candidate Clinton on Thursday each had a few lines about criminal justice reform in their speeches. For those who missed the brief mentions of criminal justice in their two+ hours of speechification, here is what was said:
From Prez Obama's speech: "We need to keep making our streets safer and our criminal justice system fairer.... If you want more justice in the justice system, then we've all got to vote, not just for a president, but for mayors and sheriffs and state's attorneys and state legislators. That's where the criminal law is made. And we've got to work with police and protesters until laws and practices are changed. That's how democracy works."
- From Prez candidate Clinton's speech: "We will reform our criminal justice system from end-to-end, and rebuild trust between law enforcement and the communities they serve."
I suppose I was foolish for thinking and really hoping that Democratic leaders would have much more to say than this relative pablum about criminal justice reform circa 2016. And the deliberative decision to prioritize polite CJ reform pablum over actual CJ reform advocacy prompts the (frustration-filled) question in the title of this post. Let me briefly unpack what I mean by this question, hoping to generate some serious and sober discussions on this front:
A lack of conviction?: In light of Prez Bill Clinton's "tough-on-crime" legacy and Prez Obama's milquetoast efforts to reverse course, I am growing ever more convinced that leading Democrats are perhaps just not all that troubled by modern mass incarceration, the aggressive drug war, marijuana prohibition, private prisons, felon disenfranchisement, overcriminalization, inadequate defense funding, wrongful convictions, prosecutorial misconduct or a host of other persistent criminal justice problems that have nothing to do with the hot-button (dog-whistle?) topics of race or guns.
A lack of courage?: I sincerely want to believe that leading Democrats (as well as leading Republicans and independents) really are troubled by modern mass incarceration, the aggressive drug war, marijuana prohibition, private prisons, felon disenfranchisement, overcriminalization, inadequate defense funding, wrongful convictions, prosecutorial misconduct and a host of other persistent criminal justice problems. But if leading Dems do want to see real reform in these arenas, why do they lack the courage to encourage serious discussion of serious reforms? Why thoughout the election season to date has (independent) Bernie Sanders been the only major candidate with the courage to keep talking forcefully about the probems of mass incarceration and to advocate for specific reforms like ending federal marijuana prohibition and the use of private prisons?
A lack of cleverness?: I am never sure if I am comforted or further depressed when thinking that leading Dems genuinely care about criminal justice reform but ultimately lack the ability to speak about these issues in clever and politically shrwed ways to build on (now bipartisan) political interest in significant reforms. For example, Prez Obama could have (and I think should have) added to his statement that he has been pleased to see many more "mayors and sheriffs and state's attorneys and state legislators" in red states as well as blue states committed to innovative justice programming seeking to reduce our nation's over-reliance on incarceration. Similarly, Prez candidate Clinton could have (and I think should have) added to her statement that she would be eager to draw on the work and wisdom of both Republican and Democratic Governors and Attorneys General to identify state-level reforms that have proved most effective at rebuilding needed "trust between law enforcement and the communities they serve."
July 28, 2016
"California Votes 2016: An Analysis of the Competing Death Penalty Ballot Initiatives."
The title of this post is the title of this lengthy report recently published by the Alarcón Advocacy Center at Loyola Law School, Los Angeles and co-authored by Professor Paula Mitchell, executive director of the Alarcón Advocacy Center, and Nancy Haydt, Board of Governors, California Attorneys for Criminal Justice. The perspective on whether to end or mend the California death penalty is somewhat predictable based on the past work of the authors, and this overview from the document itself provides a summary of its analysis:
California voters will decide the fate of the state’s death penalty this November. There is now a broad consensus that California’s death penalty system is broken. Voters will be asked to choose between two starkly different proposals to address its dysfunction and failures. Competing ballot initiatives will ask voters either to replace the death penalty with life without the possibility of parole, or to double down on the failed system by spending millions more to modify and expand it.
Voters can either support YES on Prop 62, which will replace the death penalty with life without parole and save the state $150 million per year. Or, voters can support Prop 66 to keep the death penalty system and implement multiple changes to how it operates. Each proposition would make substantial and far reaching changes to California’s criminal justice system. But only one can pass into law: if both propositions receive more than 50% of the vote, then the one with most votes will become law and the other will not.
This Report analyzes the competing initiatives. It looks at the current state of the death penalty system in California and analyzes how each initiative will work in practice. In particular it looks at whether the initiatives will achieve their stated goals, and whether there would be other, perhaps unintended, consequences to their passage into law.
This Report concludes that Prop 66’s proposed “fixes” to the current system will cost millions more than the already expensive death penalty system and will not speed up executions. In fact, Prop 66 will only make matters worse by creating more delays and further clogging the state’s over-burdened court system. Prop 66 will add layers of appeals to a system already facing an insurmountable backlog of decades of death penalty appeals waiting to be decided.
Prop 66 contains other provisions that proponents claim will speed up executions, such as keeping the lethal injection protocols secret and out of the public’s purview, exempting them from the Administrative Procedures Act. This and other key features of Prop 66 will certainly be subject to litigation challenging the provisions on constitutional and other grounds, should Prop 66 pass, adding yet more delays to death penalty cases.
The Report further finds that Prop 66 fails to make the constitutional changes required to deliver the results it promises. At the same time, its proposals are so convoluted that they are likely to create many new problems that will not only complicate the administration of the death penalty system, but will also impact and harm the rest of California’s legal system.
This Report finds that Prop 62, by contrast, is straightforward and transparent. It replaces the death penalty with life without the possibility of parole, saving the state $1.5 billion in the next ten years alone. Prop 62 requires inmates to work and increases the victim compensation rate. Prop 62 ensures that the state never executes an innocent person, without jeopardizing public safety.
US Sentencing Commission releases big new report urging reform of career offender enhancements
As detailed in this official press release, the US Sentencing Commission today released a big new report (running over 100 pages!) under the title "Report to the Congress: Career Offender Sentencing Enhancements." Here is how the press release summarizes this important new release from the USSC:
The United States Sentencing Commission (“Commission”) issued a Report to the Congress: Career Offender Sentencing Enhancements, analyzing career offenders’ prior criminal history, incarceration terms and recidivism rates.
Chief Judge Patti B. Saris, Chair of the Commission, stated, “The Commission’s research shows that there are important differences between violent career offenders and drug trafficking career offenders. Based on these findings, Congress should amend the statutory criteria such that career offender status would not be based solely on drug trafficking offenses.”
Currently, a defendant qualifies as a career offender if he or she: 1) is convicted of an offense that is either a crime of violence or a controlled substance offense; and 2) has at least two prior felony convictions. Career offenders face longer incarceration terms, receiving an average sentence of more than 12 years (147 months). As a result of these longer sentences, career offenders now account for more than 11 percent of the total federal prison population. Yet, career offenders are increasingly receiving sentences below the federal sentencing guideline range, often at the request of the government. The research also shows that, compared to “drug trafficking only” offenders, violent career offenders generally have a more serious and extensive criminal history, recidivate at a higher rate, and are more likely to commit another violent offense in the future. In fiscal year 2014, 45% of “drug trafficking only” offenders received sentences that were reduced at the government’s request.
In fiscal year 2014, nearly three-quarters (74.1%) of career offenders were convicted of a drug trafficking offense. Drug trafficking offenders often face higher statutory maximum penalties, including life imprisonment. These offenders were also more likely to receive a sentence below the federal sentencing guideline range.
Earlier this year, the Commission voted unanimously to amend the definition of “crime of violence” in the federal sentencing guidelines, with an effective date of August 1, 2016. Chair Saris added, “Based on the report’s findings and recommendations, Congress should adopt a new, single definition of ‘crime of violence’ that is consistent with the Commission’s revised approach.”
"The Downstream Consequences of Misdemeanor Pretrial Detention"
The title of this post is the title of this intriguing new empirical paper available via SSRN authored by Paul Heaton, Sandra Mayson and Megan Stevenson. Here is the abstract:
In misdemeanor cases, pretrial detention poses a particular problem because it may induce otherwise innocent defendants to plead guilty in order to exit jail, potentially creating widespread error in case adjudication. While practitioners have long recognized this possibility, empirical evidence on the downstream impacts of pretrial detention on misdemeanor defendants and their cases remains limited. This Article uses detailed data on hundreds of thousands of misdemeanor cases resolved in Harris County, Texas — the third largest county in the U.S. — to measure the effects of pretrial detention on case outcomes and future crime.
We find that detained defendants are 25% more likely than similarly situated releases to plead guilty, 43% more likely to be sentenced to jail, and receive jail sentences that are more than twice as long on average. Furthermore, those detained pretrial are more likely to commit future crime, suggesting that detention may have a criminogenic effect. These differences persist even after fully controlling for the initial bail amount as well as detailed offense, demographic, and criminal history characteristics. Use of more limited sets of controls, as in prior research, overstates the adverse impacts of detention. A quasi-experimental analysis based upon case timing confirms that these differences likely reflect the casual effect of detention. These results raise important constitutional questions, and suggest that Harris County could save millions of dollars a year, increase public safety, and reduce wrongful convictions with better pretrial release policy.
I fear that most criminal justice researchers and reform advocates (myself included) pay much less attention to misdemeanor crimes and punishments than to so many other parts of the justice system. This article (and a few others noted below in prior posts) provides a reminder that we should not overlook this important element of modern justice systems.
Some prior related research and advocacy on misdemeanors:
- "Crashing the Misdemeanor System"
- Thoughtful discussion of too-often forgotten story of misdemeanors
- New ACS issue brief urges " diverting and reclassifying misdemeanors" to save big bucks
New Fair Punishment Project report laments frequent and persistent use of juve LWOP in one Michigan county
In this post earlier this year, I noted the new initiative emerging from Harvard Law School's Charles Hamilton Houston for Race & Justice and its Criminal Justice Institute called the Fair Punishment Project (FPP). And the first big project of the FPP was this interesting report highlighting the history of Philadelphia frequently using life without parole sentences for juvenile murderers. Now, as reported via this blog posting, FPP has another notabe report on this topic focused on another region another northern state. Here are the details (and links) via the start of the blog posting:
A new report [focused on Michigan juvenile sentencing realities] highlights Wayne County’s frequent use of juvenile life without parole (JLWOP) sentences, calling the county an “extreme outlier” in its use of the punishment. The report also criticizes D.A. Worthy’s decision, which was announced Friday, to again seek life sentences for at least one out of three individuals currently serving this sentence.
The report urges District Attorney Kym Worthy to adopt a new approach to dealing with juveniles in response to the U.S. Supreme Court’s recent ruling in Montgomery v. Louisiana, which determined that the court’s prior decision barring mandatory life without parole sentences for youth must be applied retroactively, and that the punishment is only appropriate in the rarest of cases where a juvenile is determined to be “irreparably corrupt.”
The report, Juvenile Life Without Parole in Wayne County: Time to Join the Growing National Consensus?, notes that Wayne County is responsible for the highest number of juvenile life without parole sentences in the country now that Philadelphia District Attorney Seth Williams has recently announced that he will not be seeking LWOP sentences for any of the individuals previously sentenced to JLWOP there.
Currently there are more than 150 individuals serving JLWOP in Wayne County. While Wayne County has just 18% of the statewide population, it has at least 40% of the JLWOP sentences in the state of Michigan. Most incredibly, African-Americans are 39% of Wayne County’s population, but more than 90% of the individuals serving juvenile life with parole sentences from the county are Black. D.A. Worthy’s office obtained 27 JLWOP sentences during her tenure.
How much is federal prosecution of Native American teen for a marijuana offense in Oregon going to cost taxpayers?
The question in the title of this post is my effort to focus a bit more on the fiscal realities surrounding an interesting federal misdemeanor marijuana prosecution discussed in this lengthy local article from Oregon. The article is headlined "Devontre Thomas is 19. He Could Face a Year in Prison. For a Gram of Marijuana. How could this happen in Oregon?". The details here are so interesting for so many reasons, including a recent decision by the defendant not to agree to a plea to what seems to be federal charges less serious than might have been alleged. Here are some details:
Devontre Thomas is 19 years old. In a few weeks, he goes on trial in federal court in Portland. If he loses, he could go to prison for a year. For possessing an amount of cannabis that would fill one joint....
On April 7, 2016, the U.S. attorney for Oregon filed a one-count federal misdemeanor charge against Thomas for possessing "about a gram" of marijuana, according to his public defender, Ruben Iniguez. That's barely enough cannabis to dust the bottom of a Ziploc.
"I've never seen a case like this in my entire time practicing in federal court," says Bear Wilner-Nugent, a Portland criminal defense lawyer for 12 years. "It's outlandish." It's the first time in at least three years that the feds are prosecuting a weed crime in Oregon.
Since then, Oregon voters legalized recreational marijuana. Anyone over 21 can walk into a store and buy up to a quarter ounce — 7 grams — of cannabis. In the first five months of recreational sales, the state collected $14.9 million in marijuana sales taxes. But weed isn't equally legal everywhere in Oregon.
Thomas is accused of screwing up like any other teenager. But his alleged mistake occurred at Chemawa Indian School, a boarding school in the state capital, Salem, operated by the Bureau of Indian Education, an arm of the federal government. Observers say Thomas' prosecution, first reported by KGW-TV, is a poster case for how the nation's drug laws are still stacked against minorities — especially Native Americans. "There's absolutely racial disparity in how these cases are charged," says Amy Margolis, a lawyer at Emerge Law Group, a Portland firm that specializes in cannabis cases. "[Thomas] had the bad luck of being where and who he was."...
The prosecution of Thomas raises questions about the priorities of U.S. Attorney for Oregon Billy Williams, the state's chief federal prosecutor. Among them: Why are federal prosecutors, who claim that Oregon is a den of heroin, meth and opioid trafficking, spending time and resources to go after a teenager for such a small amount of pot? After two weeks of declining requests for comment, Williams finally issued this statement to WW: "We look forward to addressing the facts of the case in an appropriate manner and, most importantly, within the judicial process."
But members of Oregon's congressional delegation say it's alarming that Williams would prosecute the case at all. "I think it's deplorable," says U.S. Rep. Earl Blumenauer (D-Ore.). "What are we doing? Where are our priorities? A kid? Turning his life upside down? They don't have anything better to do to protect young people or Oregonians? It's incomprehensible to me."
As bizarre as Thomas' pot case is in weed-happy Oregon, the place where his alleged offense occurred is just as much of an anachronism. Chemawa, a Native American boarding school, was founded in 1880 and is the longest continually operating boarding school for Native American youth....
Thomas arrived at Chemawa from Madras High School, where he spent his first two years before transferring. He is a member of the Warm Springs tribe, and grew up with his parents and grandparents on the tribe's reservation 105 miles southeast of Portland.... A parent of a fellow Chemawa student described the Thomases as "a good family." His friends say his childhood was that of a normal, loved boy: spending the night at friends' houses, playing basketball on the Madras High junior varsity team....
Rayvaughn Skidmore, 20, also attended Chemawa with Thomas.... Skidmore says Thomas "would always help out his peers and be a leader—showing them what's the right things to do." Skidmore says Chemawa staff members would sometimes drive kids into town to go shopping at Keizer Station Shopping Center or Lancaster Mall in Salem, and he thinks that's when some students would meet up with marijuana connections and bring the substance back to campus.
But when kids on campus were caught with marijuana in their possession, "they'd get sent home." Skidmore says those infractions never resulted in legal charges, even though he knew plenty of classmates who regularly smoked weed. "These other students who are highly abusing any type of marijuana — I don't see why those guys get sent home when they should be prosecuted," he says....
Thomas was never technically arrested for marijuana possession. On March 25, 2015, Iniguez says, a staff member at Chemawa found roughly a gram of marijuana in a student's backpack. That kid said Thomas had sold him the weed. The Marion County Sheriff's Office confirmed that it responded to a call on that date involving Thomas and a juvenile classmate for "delivery" of marijuana.
Nearly a year after a classmate ratted out Thomas, a Chemawa staff member and a police officer drove him to the federal courthouse in Portland to appear before a judge. Lawyers interviewed for this story say it's likely that Thomas is feeling outsized consequences because Chemawa Indian School is under federal jurisdiction....
Retired federal drug prosecutor John Deits says Thomas' case is probably being handled as a federal case because "it's the only jurisdiction that can respond to the charge."
"Nobody else has authority," Deits says. "Marion County doesn't have authority because it's exclusive federal authority. And Indian tribes don't have jurisdiction because it didn't happen on their land."...
The resulting prosecution of Thomas shocks national observers. "He's 19. This is going to potentially haunt him the rest of his life," says Alison Holcomb, director of the American Civil Liberties Union's national Campaign for Smart Justice in Seattle. It's also a stark reminder that the War on Drugs isn't over — even in Oregon.
Observers find it bizarre that the feds have continued to pursue Thomas' case. But U.S. Attorney General Loretta Lynch has been vocal about her desire to keep pot illegal. Local responsibility for prosecuting Thomas falls to Williams, the U.S. attorney for Oregon.... "We are committed to just outcomes in every case," he says. "We look forward to exploring whatever the defense ask that we consider before determining what we believe is an appropriate outcome."
Other federal officials are critical of the prosecution. "The federal government hasn't prosecuted a marijuana-possession case in Oregon in five years," says U.S. Sen. Jeff Merkley (D-Ore.). "Situations like this are best left to be handled by the state."
Blumenauer, who as an Oregon congressman has become one of the nation's loudest voices for marijuana legalization, is enraged. "It is such a powerful symbol of a waste of resources and the inequity of the system," says Blumenauer, "because you and I can walk around in Portland, or in states where it is illegal, and find people using it. To single him out, to proceed with this, to ignore real problems that are killing people…" He pauses. "I'm sorry," he finally says. "I'm getting carried away. It's incomprehensible to me. I'm just sorry that Mr. Thomas is caught up in it."
The people surrounding Thomas in the federal courthouse in Portland on July 8 — Assistant U.S. Attorney Jennifer Martin, U.S. District Chief Justice Michael Mosman, three functionaries and a probation officer — expected Thomas to plead guilty to drug possession and enter a six-month diversion program. But a few moments earlier, Thomas' public defender, Iniguez, hustled into the courtroom with Thomas to announce a change of plans.
"He's not going to be pleading guilty today," Iniguez said. Martin, the prosecutor, looked shocked. "We want to go to trial?" she asked, flummoxed. "If we're making a federal case out of it," said Iniguez, sneaking in a smile, "we'll make a federal case out of it."
Holcomb, of the national ACLU, speculates that Thomas' last-minute decision not to plead guilty may show a steadfastness on his part to prove that he's no different from any other Oregon teenager who messed around with pot. "Devontre's response, to me, indicates a genuinely felt sense of unfairness," Holcomb says. "That it is unfair that he's being charged in federal court for this. It's the latest in a string of dramatic examples of how deeply people are feeling about unfairness and inequality…it sounds like that bubbled up for Devontre."...
Thomas is scheduled for trial Sept.13.
Like nearly all federal prosecutions that become media stories, I sense that this press account is revealing only the tip of an iceberg backstory. For starters, though subject formally only to a federal misdemeanor possession charge, the facts described here suggest that the defendant could have (and some might even say should have?) been subject to a federal felony marijuana distrubution charge. In addition, it seems the feds were seemingly eager to resolve the case through a plea that would prevent the defendant from serving any time or having a felony record. But now it seems that the defense may be gearing up for contesting the charges factually or perhaps constitutionally (or perhaps even via jury nullification if other avenues of defense falter).
I probably could go on and on about this case, and it is certainly one I will be keeping an eye on in the coming months. But, as suggested in the title of this post, whatever else one thinks about this case, I cannot help but wonder how many federal taxpayer dollars will end up being spent on this (minor?) matter.
July 28, 2016 in Drug Offense Sentencing, Offender Characteristics, Offense Characteristics, Pot Prohibition Issues, Purposes of Punishment and Sentencing, Race, Class, and Gender, Who Sentences? | Permalink | Comments (4)
July 27, 2016
John Hinkley now to be freed from a psychiatric hospital, now 35 years after his crime and verdict of not guilty by reason of insanity
As reported in this Reuters piece, "John Hinckley Jr., who wounded U.S. President Ronald Reagan and three other people in a 1981 assassination attempt prompted by his obsession with actress Jodie Foster, can be freed from a psychiatric hospital to live with his mother, a federal judge ruled on Wednesday." Here is more about this notable ruling in perhaps the highest-profile insanity case of all time:
U.S. District Judge Paul Friedman said Hinckley, 61, who was found not guilty by reason of insanity in a 1982 trial, no longer posed a danger to himself or others. He said Hinckley could be released from St. Elizabeth's, a government psychiatric hospital in Washington, as soon as Aug. 5, subject to nearly three dozen conditions. "Since 1983, when he last attempted suicide, he has displayed no symptoms of active mental illness, exhibited no violent behavior, shown no interest in weapons, and demonstrated no suicidal ideation," Friedman said of Hinckley in a 103-page opinion.
In addition to Reagan, Hinckley's attack wounded presidential press secretary James Brady, a policeman and a Secret Service agent. It helped launch the modern gun control movement, as Brady and his wife, Sarah, founded what is now known as the Brady Campaign to Prevent Gun Violence after he was left permanently disabled. The Bradys' support helped the Brady Handgun Violence Prevention Act become law in 1993, imposing federal background checks on gun purchases and a five-day waiting period.
The Hinckley verdict also led several states to rewrite their laws making it more difficult to use the insanity defense while the U.S. Secret Service tightened its protocols for presidential security.
Upon his admission to St. Elizabeth's, doctors diagnosed Hinckley with depression and psychosis - two maladies they say have been in remission for years. Friedman said Hinckley will be required to spend at least a year living with his mother, Jo Ann, 90, in Williamsburg, Virginia, about 130 miles (210 km) south of Washington, where he has been making increasingly long furlough visits for several years.
If Hinckley's treatment team approves, he may then move into his own residence by himself or with roommates, Friedman said. He also said if Hinckley's mother becomes unable to monitor him in her home, his brother or sister will be required to live there with him until the hospital determines an alternate plan. In a May story about Hinckley's life, Washingtonian magazine cited neighbors in her gated community who liked Mrs. Hinckley but did not want him living there.
Hinckley had unsuccessfully sought jobs in Williamsburg at places such as Starbucks and a Subway sandwich shop and tried to become involved in volunteer programs in the town, Washingtonian said. He eventually took a volunteer job in the library of a psychiatric facility in Williamsburg. Hinckley's behavior during his furlough visits has been unimpeachable aside from a few occasions, the judge wrote. Twice in 2011, Hinckley lied to hospital staff about where he had been.
Friedman's order imposes nearly three dozen conditions, including a requirement that Hinckley meet with his psychiatrist in Washington monthly and notify the Secret Service when he travels for the appointment. He is barred from making contact with Foster or her family, Reagan's family and relatives of the other victims, and he is required to either work or volunteer at least three days per week. He is restricted to a 50-mile radius of Williamsburg and must make information about his mobile phone, vehicle and Internet browsing history available to his treatment team and law enforcement.
The petition for release from Hinckley was supported by his doctors but opposed by U.S. prosecutors. A spokesman for the U.S. Attorney's office in Washington did not immediately respond to a request for comment, nor did Hinckley lawyer Barry Levine. Hinckley was a 25-year-old college dropout with vague aspirations of a musical career when he fired at Reagan. He had become obsessed with Foster and the Martin Scorsese film "Taxi Driver" in which she played a teenage prostitute. Hinckley began to identify with the film's main character, Travis Bickle, who planned to assassinate a presidential candidate, and spent several years trying to make contact with Foster, who was a student at Yale University in Connecticut.
On March 30, 1981, Hinckley wrote Foster a letter detailing his plans to kill Reagan in an effort to win her over. Later that day, Hinckley approached Reagan outside the Washington Hilton Hotel and opened fire. Reagan suffered a punctured lung but recovered relatively quickly. Brady's death in 2014 was attributed to his wounds but federal prosecutors said the following year they would not charge Hinckley with his murder.
Foster has refused to comment publicly on Hinckley since addressing it in 1981, and a publicist for the Academy Award-winning actress did not immediately respond to a request for comment on Wednesday.
The full 103-page opinion in US v. Hinckley is available at this link.
Some prior related posts:
- Three decades after shooting the President, John Hinckley's freedom still debated
- As fights over John Hinckley's fate continue three decades after his violent crime, what are enduring CJ legacies or lessons?
July 27, 2016 in Celebrity sentencings, Offender Characteristics, Offense Characteristics, Prisons and prisoners, Procedure and Proof at Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (2)
"Give felons and prisoners the right to vote"
The title of this post is the title of this new commentary in the Washington Post authored by Gideon Yaffe. Here is how it starts and ends:
This week, Virginia Gov. Terry McAuliffe (D) vowed to sign individual orders restoring the voting rights of more than 200,000 convicted felons living in the state. His pledge followed the Virginia Supreme Court’s ruling that the mass clemency McAuliffe issued in April overstepped his power under the commonwealth’s constitution. Republicans complained bitterly — think of all those Democratic votes from the many African Americans who stand to benefit! — and promised to scrutinize every order for errors.
But the GOP has it wrong. Not only is McAuliffe doing the right thing, but also he should push further. Prisoners, too, should be allowed to vote, no matter their crimes. While only Vermont and Maine currently grant prisoners the vote, felon disenfranchisement fundamentally undermines the democratic rationale of our criminal laws. We cannot hold citizens to account for violating our laws while denying them a say over those laws.
In a democracy, it can fairly be said that when the state does something unpleasant to you — locks you up, forces you to pay taxes, takes your property — that injury is self-inflicted. Since it’s your government, whatever it does to you is something you do to yourself. And it’s your government because you have a say over what it does: You have the vote. But when the state brings down the hammer on a disenfranchised, recidivist felon, the punishment he receives is not self-inflicted. His punishment might as well be levied by a foreign government.
Most felons — whether in prison, on probation or parole, or entirely free of state supervision — are citizens. They should not be treated like foreigners. First of all, they have no other geographic home: They cannot be deported, because citizens have a right to be here. But felons also have no other political home. Nowhere else can they live under a government whose actions are their actions. In this way, they are importantly different from immigrants, who (if they come from a place governed by the rule of law) are granted a say over the behavior of some government somewhere....
In a democracy, felon enfranchisement should not be a partisan issue. Both Republicans and Democrats ought to be held to account for their crimes by a government whose actions they can own. We should give the vote to citizens, in or out of prison, whom we wish to hold responsible for violating laws that are not just ours but also theirs.
Spotlighting the travesty of how the Eleventh Circuit is handling Johnson claims
I highlighted in this post here last week the potent opinions by a number of Eleventh Circuit judges explaining why they think the Circuit's precendents for dealing with prisoner petitions based on the Supreme Court's landmark ruling in Johnson v. United States, 133 S. Ct. 2551 (2015), are so very wrong and unjust. A helpful reader made sure that I did not miss this recent Bloomberg commentary on this topic authored by Noah Feldman headlined "This Is What 'Travesty of Justice' Looks Like." Here are excerpts:
Call it Scalia’s revenge. In one of the last cases that he authored before he died in February, Justice Antonin Scalia convinced his colleagues to strike down a key clause of the Armed Career Criminal Act because it was unconstitutionally vague. As a result, thousands of convicted felons are now asking courts to have their sentences reduced.
The legal rules for considering such post-conviction requests are tricky and technical. But in most of the country, prisoners are getting another day in court to have their ACCA convictions reviewed in the light of the new legal principle. In the Eleventh Circuit, which includes Alabama, Georgia and Florida, the process has gone badly awry [and] a judge on the circuit's court of appeals cried foul, calling for a fundamental change in how its handling these cases....
Before a prisoner can go back to the district court for what’s called a “second, successive” post-conviction petition, he or she needs special permission from a federal court of appeals. The stakes are high for the prisoners. In some cases, the difference might be between the 15-year minimum imposed on felons with three prior convictions, and a sentence of 10 years or less for fewer convictions.
Consequently, the U.S. Court of Appeals for the Eleventh Circuit has been immersed in the time-consuming process of figuring out who should be allowed a second chance to file a petition in District Court seeking review of their sentence. It's studying presentence reports to ascertain whether any of the prior convictions should still count, and, if so, how that might change the petitioner's sentence. Yet no other court of appeals appears to be engaging in this kind of case-by-case analysis. They’ve been approving the requests automatically and allowing a federal district court to sort out the details.
Judge Beverly Martin of the Eleventh Circuit issued an unusual and stirring opinion ... declaring that the process in her court wasn’t working. Martin asserted that among the thousands of applications and hundreds of denials, her court has been making mistakes -- mistakes that, by their legal nature, can't be appealed. “A court of appeals is simply not equipped to construct a new basis for a prisoner’s old sentence in this way,” she wrote.
To make matters worse, the Eleventh Circuit gives itself 30 days to rule on each request. The presentence report can be inadequate or misleading, and there are no attorneys involved to explain what it means. And most prior convictions are under state law, which varies from place to place and have technical details that are hard for the court to determine without a lawyer’s help.
What's more, the Eleventh Circuit had rejected petitions for reconsideration before the Supreme Court said its Johnson ruling applied retroactively.
The upshot is that something very like a travesty of justice is happening in the Eleventh Circuit. And as you know if you’re still reading this, the issue is sufficiently technical that it’s hard to draw attention to the problem. But real people are spending potentially many extra years in prison on the basis of an unconstitutional law. That’s wrong. In the spirit of Justice Scalia, the Eleventh Circuit should change course and start allowing district courts to review post-Johnson ACCA petitions the way the other circuits do.
July 26, 2016
Does Hillary Clinton really have a "bold vision" for criminal justice reform, as claimed by former AG Holder?
I predicted in this prior post that we all would likely hear at least a bit more about criminal justice reform at the DNC this week than we heard at the RNC last week. Perhaps unsurprisingly, former AG Eric Holder devoted his DNC speech to asserting Prez candidate Hillary Clinton would be committed to criminal justice reform, and these passages addressed some sentencing/prison issue (with my emphasis added):
At a time when our justice system is out of balance, when one in three black men will be incarcerated in their lifetimes, and when black defendants in the federal system receive sentences 20 percent longer than their white peers, we need a president who will end this policy of over-incarceration. As Attorney General, I launched sweeping reforms of our federal criminal justice system and reduced its reliance on draconian mandatory minimum sentences. As a result, we cut the federal prison population and the crime rate — together — for the first time in more than 40 years.
That's right: despite the fiction and fearmongering you've heard from the other party's nominee, violent crime has gone down since President Obama took office.
As President, Hillary will go even further. She fought, as a Senator, against sentencing disparities and racial profiling. She used her first major speech, as a candidate, to lay out a bold vision for criminal justice reform. As a presidential candidate she has talked about systemic racism in a way that no one else has. And she will help our nation summon the courage to confront racial injustice — and face down the legacies of our darkest past.
I recall blogging about Clinton's big criminal justice speech back in April 2015, and I do not remember that it included any dramatic statements about criminal justice reform, let alone a "bold vision." Then again, I suppose it is in some sense "bold" for a Clinton to talk about criminal justice reform at all, so maybe I am being too tough on Holder for his account of what Clinton has said about reform.
Prior related posts:
- Candidate Hillary Clinton to call for criminal justice reforms that would “end the era of mass incarceration”
- Candidate Clinton laments mass incarceration, but proposes only a "national debate" to address it
District Court explains reasons for disallowing penile plethysmograph and visual response testing for child pornography offender
A helpful reader altered me to a notable sentencing opinion handed down last week by District Judge John Kane in US v. Cheever, No. 15-cr-00031-JLK (D Colo July 18, 2016) (available here). The first part of the opinion provides a thoughtful account of the sentencing judge's accounting of application of the 3553(a) sentencing factors to defendant Shawn Cheever after his plea to a single count of possession of child pornography, but an "addendum" to the opinion is what makes it truly blog-worthy. In the addendum, Judge Kane explains why he is refusing to "authorize a treatment provider to require polygraph, plethysmograph (PPG) and visual reaction time measurements." His lengthy explanation merits reading in full, and here are a few of many interesting passages therein:
Proponents of using the penile plethysmograph correlate arousal data to deviant sexual behavior by assuming that individuals with a history of sexual offenses who respond to illicit sexual stimuli are likely to react in furtherance of their responses. There is no scientifically accepted data presented to justify this assumption, nor does it have any logical basis. Rather, just as with the polygraph (lie detector) machine, it is used as a tool of coercion by both law enforcement personnel and treatment providers. The plethysmograph is used to obtain inculpatory admissions, the reliability of which is at best equivocal. The patient or suspect may believe he can manipulate the results — and with a modicum of sophistication or psychopathy, he may well be able to do so. Or, the suspect or patient may succumb to the threat, overt or implied, that his refusal to submit to testing has negative implications that can result in further incarceration, withholding of privileges or being held back in the treatment or incarceration processes and therefore lie about his interests or past behavior. Moreover, it is not fanciful speculation that false test results can be conveyed to the individual in order to reduce resistance and gain inculpatory admissions....
[A]dministering a penile plethysmograph test necessitates the person administering the test to be engaged in the possession, use and distribution of child pornography. There is no exception in the statute to exclude therapeutic purposes or intent from culpability. The violation is per se. It is paradoxical that the government would mandate individuals subject to supervised release to join an administrator of the test in conduct so vile that it landed him in prison in the first place. The statute criminalizing the possession, use and distribution of child pornography has no exceptions. Both the administrator and the subject are violating the statute. Moreover, the well-established continuing damage inflicted on the child victims portrayed in the pornography derives from the fact that they are seen repeatedly by viewers and it makes not one shred of difference to the victims that the viewer is a pervert or a therapist....
Prohibiting courts, probation and parole officers and treatment facilitators and providers from using devices that fail tests of scientific validity is necessary, but a further comment about the line Judge Noonan describes so eloquently will perhaps provide a resolution to the underlying debility. Judge Noonan evokes the task of Orwell's "Thought Police" — and using what is "discovered" as a basis for further punishment or superficial rehabilitation. Justice Cardozo in Palko v. Connecticut, 302 U.S. 319, 326-27 (1937) stated: "freedom of thought. . . is the matrix, the indispensable condition, of nearly every other form of freedom. With rare aberrations a pervasive recognition of that truth can be traced in our history, political and legal."...
The established traditions of our law embrace the ancient common law principle that liberty should not be impinged or threatened for what a person thinks, but only for what a person does. The maxim cogitationis poenam nemo patitur (no one is punishable solely for his thoughts) was written long before the invention of the plethysmograph or other machines intended to probe the recesses of the mind....
Penile plethysmograph tests rely on the heavy assumption that stimuli arousal is strongly related to the potential for recidivism. Inferences by the courts about a person's potential for sexual offense based on his innermost sexual desires fail to acknowledge that arousal data is not an ineluctable precursor to deviant behavior. This observation, a fortiori, illustrates the dangerous conflation of thought with behavior. Before administering the penile plethysmograph without questioning its obvious scientific shortcomings (not to mention its ethical implications), it is crucial that the courts, probation and parole officers and PPG evaluators recognize 1) the power of refrain; and 2) the difference between thought and action. The presuppositionless assumption is that any "arousal level" occasioned by the exposure to child pornography stimuli is deviant because convicted sex offenders are unable to resist or subdue their impulses. Urges, however, are not always overwhelming. Otherwise, there would be no opportunity for moral decisions or even so-called enlightened self-interest decisions to be made in the crucible of an experience.
UPDATE: Another helpful reader altered me that there is now this Denver Post article about the opinion in Cheever, which is headlined "Judge criticizes federal sentencing guidelines in pornography case: Kane said he would have given sex offender lesser sentence if permitted by law."
"The Death Penalty and the Fifth Amendment"
The title of this post is the title of this essay authored by Joseph Blocker and just published online by the Northwestern Law Review. Here is part of the introduction:
Can the Supreme Court find unconstitutional something that the text of the Constitution “contemplates”? If the Bill of Rights mentions a punishment, does that make it a “permissible legislative choice” immune to independent constitutional challenges?
The dueling opinions in Glossip v. Gross have brought renewed attention to the constitutionality of the death penalty. In a dissent joined by Justice Ginsburg, Justice Breyer identified “three fundamental constitutional defects” with the death penalty.... Justice Breyer’s dissent marked the first time that two members of the current Court have announced a belief that the death penalty is likely unconstitutional “in and of itself,” and the opinion has justifiably been treated as a significant development.
In a blistering concurrence, Justice Scalia (joined by Justice Thomas) wrote that the dissent was full of “gobbledy-gook,” and that “not once in the history of the American Republic has this Court ever suggested the death penalty is categorically impermissible.” Justice Scalia argued that the Fifth Amendment afforded a textual basis for the capital punishment’s continued constitutionality.... Announcing his concurrence from the bench, Justice Scalia made the point even more strongly, saying that “the death penalty is approved by the Constitution.” He and many others have made some version of this point...
The Fifth Amendment contains prohibitions, not powers, and there is no reason to suppose that it somehow nullifies other constitutional prohibitions — most importantly, the ban on cruel and unusual punishment. The real target of the Fifth Amendment Argument can only be the Court’s longstanding Eighth Amendment doctrine, which is not limited to the punishments considered cruel and unusual at the time of the Constitution’s framing. Unless and until that doctrine changes, the Argument itself carries no weight.
To be clear, the inverse argument would be equally faulty. The weakness of the Fifth Amendment Argument does not mean that the death penalty is unconstitutional, let alone “categorically” so, only that the “constitutional defects” Justice Breyer identifies cannot be dismissed out of hand. Glossip, along with other developments in law and practice, have made the continuing constitutionality of capital punishment a pressing question. That question should be answered without the distraction of the Fifth Amendment.
Looking at juvenile justice in a worldly way
Recenlty posted to SSNR are these two chapters from a recenly published book of essays titled "Juvenile Justice in Global Perspective":
One Theme or Many? The Search for a Deep Structure in Global Juvenile Justice by Franklin Zimring and Maximo Langer
Myths and Realities of Juvenile Justice in Latin America by Maximo Langer and Mary Beloff
Here is the abstract for the first of these chapters which serves as an introduction to the book:
This chapter uses the global portrait of juvenile justice found in the rest of this volume — that includes chapters on juvenile justice in China, Europe, India, Latin America, Muslim-majority states, Poland, Scandinavia, South Africa, and South Korea and Japan — to discuss possible explanations for the almost ubiquitous existence of separate juvenile courts around the world. After briefly analyzing the role that power, emulation, and structural factors have played in the global diffusion of the juvenile court, we discuss what theory of juvenile courts may underlie their actual practices. We argue that the main function that juvenile courts have performed has been letting juvenile offenders grow up out of crime and that such a function also provides the best justification for the continuing existence of these courts.
July 25, 2016
Increases in murders reported in many major cities from police chiefs
This new Wall Street Journal article, headlined "Murders Rise in 29 of Largest U.S. Cities in First Half of 2016: Homicides in Chicago and Orlando, Fla., contribute to much of the increase," reports on the latest bad news about homicide totals for the start of 2016. Here are the details:
The number of murders in 29 of the nation’s largest cities rose during the first six months of the year, according to the results of a survey released by the Major Cities Chiefs Association on Monday.
Overall, homicides jumped 15% in the 51 large cities that submitted crime data, compared with the same year-ago period. But over half that increase was driven by spikes in two cities: Chicago, which has struggled with rising gang violence, and Orlando, where Omar Mateen fatally shot 49 people at a nightclub in June.
A continuing increase in some cities worries city officials who had been hoping last year’s surge was an aberration in the decades-long decline in the country’s murder rate. After peaking in the 1990s, violent crime rates in the U.S. have in recent years been at their lowest levels in four decades, according to FBI data.
Donald Trump seized on the murder rise in his speech at last week’s Republican National Convention, saying that “decades of progress made in bringing down crime are now being reversed by this administration’s rollback of criminal enforcement.”
But Darrel Stephens, executive director of Major Cities Chiefs Association, said it’s still too early to say if the numbers signal real change. “It’s going to take a bit more to say this trend of 20 years is being reversed,” said Mr. Stephens, adding that there may be a rise in a few cities, “but not on a national basis.”
Homicides in the first six months also declined in 22 cities, including some that saw big jumps in 2015, such as Milwaukee, where killings dropped 26%, according to the survey. In addition, New York City, which has seen a decline in homicides this year, and some other large cities weren’t included because they hadn’t yet submitted their data, Mr. Stephens said.
Increased gang violence is playing a role in places like Chicago, which saw 316 homicides in the first half of 2016, compared with 211 in the first half of 2015....
The rise in homicides in some large cities last year set off considerable debate between police officials and criminologists over what was behind the increase. Some have attributed increases to the “Ferguson effect,” a theory that increases in crime can be attributed to the reluctance of police to engage in confrontation in the face of protests around the U.S. since the 2014 killing of an unarmed black teenager in Ferguson, Mo., by a white police officer....
Richard Rosenfeld, a criminologist at the University of Missouri-St. Louis, wrote in a Justice Department-funded study released in June that the Ferguson effect was a “plausible” explanation for the sudden jump in killings in 2015.
Mr. Rosenfeld also put forth a second version of the Ferguson effect, writing that the police killings in Ferguson and elsewhere “activated longstanding grievances” in minority communities about police and the criminal-justice system that led to a “legitimacy crisis” and a rise in crime. “Both may have contributed,” said Mr. Rosenfeld, who cautioned that more research and data is needed.
How much (and what kind of) criminal justice reform talk can we expect to hear at the DNC?
I am going to be off-line much of today, and thus I am genuinely interested in having folks spend the day discussion what I see as the most interesting criminal justice reform question for this work-week. I was not too surprised that we heard relatively little criminal justice reform discussion at the RNC last week, although arguably the emphasis by GOP Prez nominee Donald Trump on being the "law and order" candidate was an indication that the new GOP leader is inclined to get Republicans back to "tough-and-tougher" rhetoric and realities.
Meanwhile, Democratic Prez nominee Hillary Clinton seems likely to be eager to reach out (and motivate) voters interesting in significant sentencing (and police and marijuana) reforms, and these topics even were addressed this past weekend when she officially announced her VP pick Tim Kaine. Consequently, I am expecting to hear a lot more express and significant reform talk at the DNC than at the RNC. But how much, and what will be the main focus and more-frequent "talking points"?
In addition to hoping many folks will respond to this post with predictions about what we will hear at the DNC, I would also love to see folks explain just what they are hoping to hear. So if you could, for example, script two of three sentences that would be in the speech to be given by Clinton or Kaine or others, what would they be?
A few recent related posts:
- "Two Parties, Two Platforms on Criminal Justice: The Republicans nod to reforms, then take a sharp right turn."
- Why Donald Trump's "law and order" vision and voice is so important to advocates of sentencing reform (and marijuana reform)
"Does 'Ban the Box' Help or Hurt Low-Skilled Workers? Statistical Discrimination and Employment Outcomes When Criminal Histories Are Hidden"
The title of this post is the title of this notable new paper authored by Jennifer Doleac and Benjamin Hansen now available via SSRN. Here is the abstract:
Jurisdictions across the United States have adopted “ban the box” (BTB) policies preventing employers from conducting criminal background checks until late in the job application process. Their goal is to improve employment outcomes for those with criminal records, with a secondary goal of reducing racial disparities in employment. However, removing information about job applicants’ criminal histories could lead employers who don’t want to hire ex-offenders to try to guess who the ex-offenders are, and avoid interviewing them. In particular, employers might avoid interviewing young, low-skilled, black and Hispanic men when criminal records are not observable. This would worsen employment outcomes for these already-disadvantaged groups.
In this paper, we use variation in the details and timing of state and local BTB policies to test BTB’s effects on employment for various demographic groups. We find that BTB policies decrease the probability of being employed by 3.4 percentage points (5.1%) for young, low-skilled black men, and by 2.3 percentage points (2.9%) for young, low-skilled Hispanic men. These findings support the hypothesis that when an applicant’s criminal history is unavailable, employers statistically discriminate against demographic groups that are likely to have a criminal record.
July 24, 2016
Covering VP candidate Tim Kaine's history on crime and punishment issues (especially the death penalty)
The folks at FAMM now have this very helpful and timely webpage reviewing some recent and prior statements by Tim Kaine, the former Viginia Gov and current US Senator whom Hillary Clinton has now picked as her running mate. That page also provides this interesting accounting of "Kaine’s record on criminal justice issues"
- 1999: As Mayor of Richmond, Kaine was a supporter of Project Exile, a program launched in Virginia’s capital city as a response to rising crime rates that moved gun offenses involving drugs and convicted felons out of state courts and into the federal system, where gun offenders would face mandatory minimum sentences. Kaine claimed the program was restoring hope to the city, telling the New York Times, “In Richmond, there has been an intense need for people to become believers in their own community. High crime has been our psychological downer. But Project Exile is driving the crime rate down, and that is starting to make Richmonders believers again.”
- 2005: During his gubernatorial campaign, Kaine’s website highlighted the role of Project Exile in making Virginia’s capital safer: “Richmond’s success in reducing violent crime was built in part on Project Exile. Project Exile is based on a strong working relationship among federal, state, and local law enforcement officials to maximize the punishment of criminals who commit crimes with guns.”
- 2007: As Governor, Kaine blocked death penalty expansion bills that would allow capital charges to be brought against accomplices and those indirectly involved in first degree murders.
- 2012: During his senatorial campaign, Kaine said he would “continue Senator Jim Webb’s effort to focus attention on the overuse of incarceration in this nation, especially as applied to African-American males.”
- 2014: Senator Kaine supported the Smarter Sentencing Act, saying it “would reduce mandatory minimums for non-violent drug offenders and give judges greater authority to determine the right sentence for the crime – saving billions in taxpayer dollars and putting faith back into our criminal justice system.”
- 2015: Senator Kaine supported the Sentencing Reform and Corrections Act, the most recent major bipartisan attempt at criminal justice reform. He said the country has “an embarrassingly high number of people in prison compared to other countries” and that he believed reform could “reduce the costs of incarceration and promote fairness within our criminal justice system without compromising public safety.”
In addition, a number of mainstream and new media sources have now run a number of articles about Kaine's criminal justice history (most of which, notably, are focused on the death penalty). Here are headlines and links:
From BuzzFeed News here, "Tim Kaine Has A Long, Complicated History With The Death Penalty"
From the Huffington Post here, "As Governor, Tim Kaine Stepped In To Halt The Execution Of A Mentally Incompetent Man"
From the New York Times here, "On Death Penalty Cases, Tim Kaine Revealed Inner Conflict"
From Reuters here, "Kaine's crime-busting past may hurt Clinton's outreach to blacks"
Two new US Sentencing Commission "Quick Facts" on federal gun sentencing
The US Sentencing Commission late last week released two new Quick Facts publications, which are designed to "give readers basic facts about a single area of federal crime in an easy-to-read, two-page format." Here are links to the latest publications and their summary description from the USSC:
In fiscal year 2015, there were 2,119 offenders convicted under 18 U.S.C. § 924(c) accounting for 3.0% of all offenders sentenced under the guidelines. The number of offenders convicted of multiple counts of section 924(c) has decreased from 174 offenders in fiscal year 2011 (7.5% of all section 924(c) offenders) to 119 in fiscal year 2015 (5.6% of all section 924(c) offenders).
In fiscal year 2015, there were 4,984 offenders convicted under 18 U.S.C. § 922(g) accounting for 7.0% of all offenders sentenced under the guidelines. The number of offenders sentenced under this statute has steadily decreased over the last five years from 5,761 in fiscal year 2011 to 4,984 offenders in fiscal year 2015.