Minneapolis attorney Max Keller was asked about mandatory minimums for firearms offenses by author Kevin Featherly for the Minnesota Lawyer online publication.
This document discusses research on the relative effects of certainty and severity of punishment on deterring criminal behavior. It finds that increasing the certainty of punishment, such as by improving the likelihood of apprehension and conviction, is generally more effective at deterring crime than increasing the severity of punishment. The research reviewed finds little evidence that harsher sentences alone reduce crime rates. Instead, potential criminals appear to be more influenced by changes in the perceived risk of being caught and punished for their actions.
1) Support for the death penalty has fallen to a 40-year low according to a recent poll, with conservatives, prosecutors, and victims' families questioning its effectiveness.
2) The risk of wrongfully executing innocent people cannot be tolerated given that over 155 people have been wrongly sentenced to death since 1973. It is also financially burdensome, with some counties increasing taxes or cutting staff to fund costly death penalty trials and appeals.
3) Law enforcement officials argue the hundreds of millions spent on the death penalty would be better used to reduce crime through other initiatives, and it provides no closure for victims' families who often face decades of trials and appeals.
This document recommends sentencing reform plans for the State of Jefferson. It proposes a 3-3-3 approach involving prosecutors, public defenders, and judges working together to achieve honest, fair, and rational sentencing. The current determinate sentencing system is not effective and leads to overcrowded prisons. Short-term solutions include modifying laws to allow early release and increasing funding for rehabilitation programs. Medium-term solutions involve a "justice reinvestment" approach and greater discretion for judges to provide individualized sentencing. Overall reform is needed to move away from rigid determinate sentencing and toward a balanced system focused on rehabilitation over incarceration.
This document examines the link between criminal penalties and prejudice in judicial decisions. The authors develop an economic model where individuals choose whether to commit crimes based on private benefits, and a jury decides convictions based on evidence and priors about defendants. They find that if convicted offenders face incarceration, poorer defendants face stronger priors of guilt and are convicted with less evidence. However, penalties like fines can eliminate this bias. The authors also discuss how prejudice against subgroups can become self-fulfilling through its effects on income and crime participation. Overall, the model shows how penalty structures and prejudice can interact to produce biased outcomes in the criminal justice system.
This document summarizes a report by the Crown Prosecution Service on prosecuting cases involving allegedly false rape and domestic violence allegations. Some key findings:
- Between 2011-2012, there were 159 prosecutions considered for making false allegations. 121 involved rape, 27 involved domestic violence, and 11 involved both.
- In comparison, there were over 5,600 prosecutions for rape and over 111,000 for domestic violence during this period. Only 35 individuals were prosecuted for false rape claims and 6 for false domestic violence claims.
- About half of the false allegation cases involved people under age 21, and some involved people with mental health difficulties. In some cases, the person was a victim of a different
The document discusses the case against mandatory minimum sentencing laws. It introduces Mandy Martinson, a woman sentenced to 15 years in prison for drug offenses even though she had no prior record and had regained her job and sobriety. It argues that mandatory minimums are racially biased, have bloated prison populations with nonviolent offenders, give prosecutors too much power, and waste taxpayer money. Alternatives proposed include abolishing them, implementing safety valves to allow lesser sentences based on circumstances, and returning sentencing discretion to judges.
This document provides a summary of two Supreme Court cases - Tennessee v. Garner in 1985 and Graham v. Conner in 1989 - that were pivotal in establishing modern police use-of-force policies. It discusses the background and outcomes of each case. Tennessee v. Garner resulted in restrictions on when lethal force can be used to apprehend suspects. Graham v. Conner established that use-of-force must be judged based on what an officer knew in the moment, not with 20/20 hindsight. These cases helped define appropriate limits on police authority while also protecting officers acting in good faith. They helped rebuild public trust in law enforcement.
Prison overcrowding has become a major issue across the United States, especially in California, New York, and Texas. Tougher crime policies in the 1980s and 1990s, such as California's three-strikes law and New York's broken windows policy, resulted in higher incarceration rates and overwhelmed prison systems. While these policies aimed to reduce crime, skeptics argue they only contributed somewhat and economic prosperity in the 1990s likely reduced crime more. Overcrowding also stems from the privatization of prisons, as private companies lobby for policies that keep prison populations high to boost profits. Overall, decades of tough-on-crime policies have strained prison budgets and left systems in need of reform.
This document discusses research on the relative effects of certainty and severity of punishment on deterring criminal behavior. It finds that increasing the certainty of punishment, such as by improving the likelihood of apprehension and conviction, is generally more effective at deterring crime than increasing the severity of punishment. The research reviewed finds little evidence that harsher sentences alone reduce crime rates. Instead, potential criminals appear to be more influenced by changes in the perceived risk of being caught and punished for their actions.
1) Support for the death penalty has fallen to a 40-year low according to a recent poll, with conservatives, prosecutors, and victims' families questioning its effectiveness.
2) The risk of wrongfully executing innocent people cannot be tolerated given that over 155 people have been wrongly sentenced to death since 1973. It is also financially burdensome, with some counties increasing taxes or cutting staff to fund costly death penalty trials and appeals.
3) Law enforcement officials argue the hundreds of millions spent on the death penalty would be better used to reduce crime through other initiatives, and it provides no closure for victims' families who often face decades of trials and appeals.
This document recommends sentencing reform plans for the State of Jefferson. It proposes a 3-3-3 approach involving prosecutors, public defenders, and judges working together to achieve honest, fair, and rational sentencing. The current determinate sentencing system is not effective and leads to overcrowded prisons. Short-term solutions include modifying laws to allow early release and increasing funding for rehabilitation programs. Medium-term solutions involve a "justice reinvestment" approach and greater discretion for judges to provide individualized sentencing. Overall reform is needed to move away from rigid determinate sentencing and toward a balanced system focused on rehabilitation over incarceration.
This document examines the link between criminal penalties and prejudice in judicial decisions. The authors develop an economic model where individuals choose whether to commit crimes based on private benefits, and a jury decides convictions based on evidence and priors about defendants. They find that if convicted offenders face incarceration, poorer defendants face stronger priors of guilt and are convicted with less evidence. However, penalties like fines can eliminate this bias. The authors also discuss how prejudice against subgroups can become self-fulfilling through its effects on income and crime participation. Overall, the model shows how penalty structures and prejudice can interact to produce biased outcomes in the criminal justice system.
This document summarizes a report by the Crown Prosecution Service on prosecuting cases involving allegedly false rape and domestic violence allegations. Some key findings:
- Between 2011-2012, there were 159 prosecutions considered for making false allegations. 121 involved rape, 27 involved domestic violence, and 11 involved both.
- In comparison, there were over 5,600 prosecutions for rape and over 111,000 for domestic violence during this period. Only 35 individuals were prosecuted for false rape claims and 6 for false domestic violence claims.
- About half of the false allegation cases involved people under age 21, and some involved people with mental health difficulties. In some cases, the person was a victim of a different
The document discusses the case against mandatory minimum sentencing laws. It introduces Mandy Martinson, a woman sentenced to 15 years in prison for drug offenses even though she had no prior record and had regained her job and sobriety. It argues that mandatory minimums are racially biased, have bloated prison populations with nonviolent offenders, give prosecutors too much power, and waste taxpayer money. Alternatives proposed include abolishing them, implementing safety valves to allow lesser sentences based on circumstances, and returning sentencing discretion to judges.
This document provides a summary of two Supreme Court cases - Tennessee v. Garner in 1985 and Graham v. Conner in 1989 - that were pivotal in establishing modern police use-of-force policies. It discusses the background and outcomes of each case. Tennessee v. Garner resulted in restrictions on when lethal force can be used to apprehend suspects. Graham v. Conner established that use-of-force must be judged based on what an officer knew in the moment, not with 20/20 hindsight. These cases helped define appropriate limits on police authority while also protecting officers acting in good faith. They helped rebuild public trust in law enforcement.
Prison overcrowding has become a major issue across the United States, especially in California, New York, and Texas. Tougher crime policies in the 1980s and 1990s, such as California's three-strikes law and New York's broken windows policy, resulted in higher incarceration rates and overwhelmed prison systems. While these policies aimed to reduce crime, skeptics argue they only contributed somewhat and economic prosperity in the 1990s likely reduced crime more. Overcrowding also stems from the privatization of prisons, as private companies lobby for policies that keep prison populations high to boost profits. Overall, decades of tough-on-crime policies have strained prison budgets and left systems in need of reform.
Dan Herbert is a former police officer and current criminal defense attorney who represents police officers. He is now defending Jason Van Dyke, the officer charged with murder for shooting Laquan McDonald 16 times. Herbert projects confidence in Van Dyke's case, though Van Dyke seems withdrawn. Herbert believes officers often make "mistakes" due to fear and stresses of the job, and should not be "criminalized" for these mistakes. He has deep ties to the police community and sees himself as fighting for officers who have been unfairly treated.
This document summarizes a report on the concept of "risk convergence" in criminal justice. It defines risk convergence as the point at which an ex-offender's risk of reoffending converges with that of the general public. Research finds this point is reached after a certain number of crime-free years, depending on the original offense. However, many policies impose permanent punishments and barriers to reintegration even after risk convergence. This is ineffective and inefficient, as ex-offenders past this point pose no greater risk. The report argues policies should promote reintegration and help ex-offenders become productive citizens once risk convergence is reached.
Are You Eligible for Drug Court in New York?Adam Thompson
If you have been arrested and charged with a criminal offense in the State of New York, you may be facing serious judicial and non-judicial penalties. Learn more about drug court in New York in this presentation.
The document contains opinions from various residents of Norway, Maine on whether the town should approve a ban on fireworks. It also includes two unrelated news articles. Opinions on the potential fireworks ban are mixed, with some citing safety concerns while others feel fireworks are a fun tradition if used responsibly. A separate article discusses how a deputy failed to file necessary paperwork in a drunk driving case against the Paris, Maine police chief, which could result in disciplinary action.
The document discusses the history and justifications of criminal punishment including retribution, deterrence, incapacitation, and rehabilitation. It then covers sentencing alternatives and factors considered in sentencing such as felony vs misdemeanor crimes, presentence reports, and truth-in-sentencing laws. Finally, it briefly outlines probation, parole, the growth of the US prison population, and characteristics of those incarcerated.
The document summarizes a report by the Department of Justice (DOJ) investigating the Ferguson Police Department. The DOJ found numerous issues including a focus on revenue generation over public safety, violations of citizens' constitutional rights, lack of accountability for police misconduct, and disproportionate impact on African Americans. These problems undermined public trust in the police. To address this, the DOJ called for reorienting law enforcement policies and practices to focus on community policing, treating all citizens equally and with compassion.
This essay examines the legal justification for police authority in a free society. It outlines two key principles: 1) Natural law establishes universal human rights like life, liberty, and property. 2) The social contract allows some freedoms to be given up to protect basic rights via government enforcement of laws. The essay then discusses how Supreme Court case Tennessee v. Garner showed that police authority must be exercised fairly for all. However, the militarization of police since the 1960s has led to abusive tactics that violate civil rights and undermine respect for law enforcement. The reconciliation of police authority under principles of a free society remains an ongoing issue.
Mandatory minimum sentencing emerged in the 1980s during the "War on Drugs" and led to a dramatic increase in the US prison population. The prison population grew 800% between 1980-2013 due to mandatory minimums for drug offenses, disproportionately impacting minorities. Recent bills like the Smarter Sentencing Act and SAFE Justice Act aim to reform mandatory minimums by increasing judicial discretion and reducing some drug sentence lengths, though opposition remains.
This document discusses several criticisms of and proposed reforms to the UK criminal justice system. It examines issues such as the admission of prior convictions as evidence, the sufficiency of confession alone for conviction, the role of expert witnesses, racism in prosecution and courts, problems with the Crown Prosecution Service, disclosure failures, cracked and ineffective trials, challenges with victims and witnesses, the role of the media, and calls for an overall rethinking of the criminal justice system.
Marijuana Legalization Helps Solve Violent Crimes Says New StudyEvergreen Buzz
Yes, weed can help, read this https://cannabis.net/blog/news/cannabis-legalization-helps-police-solve-more-violent-crime-cases-says-latest-oregon-study
Prepared remarks for City Attorney Dennis Herrera: commencement address to graduating law students of Golden Gate University School of Law, at the Nob Hill Masonic Center, 1111 California Street in San Francisco, California (May 13, 2005)
The document summarizes an article by Charles Klahm and Rob Tillyer that reviewed 23 studies on police use of force published between 1995-2008. It found significant issues with the available research. Variables like suspect and officer characteristics and encounter details were examined, but results often conflicted. Comparisons between departments lacked consideration of their differences in demographics and policies. More rigorous research is needed that uses standardized definitions and accounts for department variations to improve understanding and inform policy reforms.
This document provides an overview and comparison of the criminal justice systems and punishments across 13 different jurisdictions: Australia, Brazil, California, Canada, Florida, France, Germany, India, Iran, Japan, Louisiana, New York, and Russia. It outlines key aspects of each system such as the historical influences on their laws, highest courts, use of common law or civil law traditions, and treatment of issues like the death penalty, drug crimes, and jury trials. The purpose is to examine 11 specific crimes across the jurisdictions to identify both commonalities and differences in their prescribed criminal punishments.
Allegations against various public bodies for complicity in covering up misconduct in public office including Humberside Police, Independent Office for Police Conduct (IOPC), Judicial office holders, North East Lincolnshire Council (NELC), Judicial Appointments and Conduct Ombudsman (JACO), Crown Prosecution Service (CPS), Criminal Cases Review Commission (CCRC), Information Commissioner's Office (ICO)
Dangerous Criminals- Who is tracking Utah's worst offenders?Torin Koos
Utah's corrections system is facing criticism for being too lenient on repeat offenders, putting public safety at risk. Parole officers feel pressure from administrators to not return parolees to prison, even when they commit new crimes. A parolee who had multiple prior charges, Cory Henderson, was paroled twice in less than eight months before fatally shooting a police officer. While the Department of Corrections claims the Justice Reinvestment Initiative focuses on lower-risk offenders, critics argue problems like rewarding parolees with tokens for good behavior show the system has become too lenient.
FIVE TESTS FOR A THEORY OF THE CRIME DROP Louise Grove
Five tests for a theory of the crime drop
Professor Graham Farrell
Abstract
A range of explanations have been proposed for the major crime declines experienced in many industrialised countries. They include: lead poisoning; abortion legalisation; drug markets; demographics; policing numbers and strategies; imprisonment; strong economies; the death penalty; gun control; gun concealment; immigration; consumer confidence; the civilising process, and; crime opportunities and security. This paper proposes five tests that it is necessary if not sufficient for a hypothesis to pass to be considered viable. It finds that fourteen of the fifteen hypotheses fail two or more tests. Crime opportunity theory generally, and a security hypothesis specific to car theft, offer a greater theoretical flexibility in relation to the tests, and pave the way for further research on this issue.
A man driving a stolen car flagged down an off-duty sheriff's deputy for help when his car got stuck in a ditch. The deputy recognized the car's description from a recent report of a stolen vehicle and arrested the man. The man was found to be in possession of methamphetamine.
A man tried to rob a Dunkin' Donuts by handing a note saying he had a gun and bomb and demanding cash. However, he grabbed an adding machine by mistake, thinking it was a cash register, and fled empty-handed in a black car.
A Perth man was charged with drunk driving three times in a 24-hour period, including driving back to a police station where his impounded car was
Murders and violent crimes are increasing in the US. A recent example is a stabbing that killed a 25-year-old woman in Atlanta. Politicians disagree on the appropriate punishment for violent crimes like murder. Congressman Hank Johnson opposes the death penalty, believing it is immoral to take a life. However, Governor Nathan Deal supports stricter punishments for criminals, including making it harder to appeal federal death sentences. There are many arguments for and against the death penalty around issues like overcrowded prisons, costs of appeals, and risks of executing innocent people. Most US citizens support the death penalty based on past polls, but there are disadvantages such as high costs and risks of wrongful convictions. The debate involves
This document summarizes a paper about police misconduct. It begins by defining police misconduct as actions like false confessions, false arrests, evidence tampering, and lying under oath. It then discusses how police crimes have often gone unreported in the past with few punishments. The document calls for an end to wrongful actions by police officers. It provides some examples of police misconduct cases, including one where officers planted drugs and lied in their reports, leading to charges of manslaughter. The document also discusses the "blue code of silence" where police officers cover for each other's misdeeds.
Provided by Darren Chaker, this is an excellent publication concerning obtaining police records. Booking photographs to police report for all 50 states.
This document summarizes a case where a university professor who bludgeoned his wife to death received a lenient plea deal of 5-10 years for voluntary manslaughter. After serving the minimum 5 years, the parole board initially denied his release but approved it a year later. However, after public outrage from the victim's family and officials involved in the case, the board reversed its decision to approve parole. The author argues this case highlights the unequal treatment and hypocrisy that can exist in the criminal justice system, where well-educated individuals may receive more lenient treatment than less privileged defendants. Officials like the prosecutor and judge who approved the original plea deal were among those expressing shock at the potential parole.
Dan Herbert is a former police officer and current criminal defense attorney who represents police officers. He is now defending Jason Van Dyke, the officer charged with murder for shooting Laquan McDonald 16 times. Herbert projects confidence in Van Dyke's case, though Van Dyke seems withdrawn. Herbert believes officers often make "mistakes" due to fear and stresses of the job, and should not be "criminalized" for these mistakes. He has deep ties to the police community and sees himself as fighting for officers who have been unfairly treated.
This document summarizes a report on the concept of "risk convergence" in criminal justice. It defines risk convergence as the point at which an ex-offender's risk of reoffending converges with that of the general public. Research finds this point is reached after a certain number of crime-free years, depending on the original offense. However, many policies impose permanent punishments and barriers to reintegration even after risk convergence. This is ineffective and inefficient, as ex-offenders past this point pose no greater risk. The report argues policies should promote reintegration and help ex-offenders become productive citizens once risk convergence is reached.
Are You Eligible for Drug Court in New York?Adam Thompson
If you have been arrested and charged with a criminal offense in the State of New York, you may be facing serious judicial and non-judicial penalties. Learn more about drug court in New York in this presentation.
The document contains opinions from various residents of Norway, Maine on whether the town should approve a ban on fireworks. It also includes two unrelated news articles. Opinions on the potential fireworks ban are mixed, with some citing safety concerns while others feel fireworks are a fun tradition if used responsibly. A separate article discusses how a deputy failed to file necessary paperwork in a drunk driving case against the Paris, Maine police chief, which could result in disciplinary action.
The document discusses the history and justifications of criminal punishment including retribution, deterrence, incapacitation, and rehabilitation. It then covers sentencing alternatives and factors considered in sentencing such as felony vs misdemeanor crimes, presentence reports, and truth-in-sentencing laws. Finally, it briefly outlines probation, parole, the growth of the US prison population, and characteristics of those incarcerated.
The document summarizes a report by the Department of Justice (DOJ) investigating the Ferguson Police Department. The DOJ found numerous issues including a focus on revenue generation over public safety, violations of citizens' constitutional rights, lack of accountability for police misconduct, and disproportionate impact on African Americans. These problems undermined public trust in the police. To address this, the DOJ called for reorienting law enforcement policies and practices to focus on community policing, treating all citizens equally and with compassion.
This essay examines the legal justification for police authority in a free society. It outlines two key principles: 1) Natural law establishes universal human rights like life, liberty, and property. 2) The social contract allows some freedoms to be given up to protect basic rights via government enforcement of laws. The essay then discusses how Supreme Court case Tennessee v. Garner showed that police authority must be exercised fairly for all. However, the militarization of police since the 1960s has led to abusive tactics that violate civil rights and undermine respect for law enforcement. The reconciliation of police authority under principles of a free society remains an ongoing issue.
Mandatory minimum sentencing emerged in the 1980s during the "War on Drugs" and led to a dramatic increase in the US prison population. The prison population grew 800% between 1980-2013 due to mandatory minimums for drug offenses, disproportionately impacting minorities. Recent bills like the Smarter Sentencing Act and SAFE Justice Act aim to reform mandatory minimums by increasing judicial discretion and reducing some drug sentence lengths, though opposition remains.
This document discusses several criticisms of and proposed reforms to the UK criminal justice system. It examines issues such as the admission of prior convictions as evidence, the sufficiency of confession alone for conviction, the role of expert witnesses, racism in prosecution and courts, problems with the Crown Prosecution Service, disclosure failures, cracked and ineffective trials, challenges with victims and witnesses, the role of the media, and calls for an overall rethinking of the criminal justice system.
Marijuana Legalization Helps Solve Violent Crimes Says New StudyEvergreen Buzz
Yes, weed can help, read this https://cannabis.net/blog/news/cannabis-legalization-helps-police-solve-more-violent-crime-cases-says-latest-oregon-study
Prepared remarks for City Attorney Dennis Herrera: commencement address to graduating law students of Golden Gate University School of Law, at the Nob Hill Masonic Center, 1111 California Street in San Francisco, California (May 13, 2005)
The document summarizes an article by Charles Klahm and Rob Tillyer that reviewed 23 studies on police use of force published between 1995-2008. It found significant issues with the available research. Variables like suspect and officer characteristics and encounter details were examined, but results often conflicted. Comparisons between departments lacked consideration of their differences in demographics and policies. More rigorous research is needed that uses standardized definitions and accounts for department variations to improve understanding and inform policy reforms.
This document provides an overview and comparison of the criminal justice systems and punishments across 13 different jurisdictions: Australia, Brazil, California, Canada, Florida, France, Germany, India, Iran, Japan, Louisiana, New York, and Russia. It outlines key aspects of each system such as the historical influences on their laws, highest courts, use of common law or civil law traditions, and treatment of issues like the death penalty, drug crimes, and jury trials. The purpose is to examine 11 specific crimes across the jurisdictions to identify both commonalities and differences in their prescribed criminal punishments.
Allegations against various public bodies for complicity in covering up misconduct in public office including Humberside Police, Independent Office for Police Conduct (IOPC), Judicial office holders, North East Lincolnshire Council (NELC), Judicial Appointments and Conduct Ombudsman (JACO), Crown Prosecution Service (CPS), Criminal Cases Review Commission (CCRC), Information Commissioner's Office (ICO)
Dangerous Criminals- Who is tracking Utah's worst offenders?Torin Koos
Utah's corrections system is facing criticism for being too lenient on repeat offenders, putting public safety at risk. Parole officers feel pressure from administrators to not return parolees to prison, even when they commit new crimes. A parolee who had multiple prior charges, Cory Henderson, was paroled twice in less than eight months before fatally shooting a police officer. While the Department of Corrections claims the Justice Reinvestment Initiative focuses on lower-risk offenders, critics argue problems like rewarding parolees with tokens for good behavior show the system has become too lenient.
FIVE TESTS FOR A THEORY OF THE CRIME DROP Louise Grove
Five tests for a theory of the crime drop
Professor Graham Farrell
Abstract
A range of explanations have been proposed for the major crime declines experienced in many industrialised countries. They include: lead poisoning; abortion legalisation; drug markets; demographics; policing numbers and strategies; imprisonment; strong economies; the death penalty; gun control; gun concealment; immigration; consumer confidence; the civilising process, and; crime opportunities and security. This paper proposes five tests that it is necessary if not sufficient for a hypothesis to pass to be considered viable. It finds that fourteen of the fifteen hypotheses fail two or more tests. Crime opportunity theory generally, and a security hypothesis specific to car theft, offer a greater theoretical flexibility in relation to the tests, and pave the way for further research on this issue.
A man driving a stolen car flagged down an off-duty sheriff's deputy for help when his car got stuck in a ditch. The deputy recognized the car's description from a recent report of a stolen vehicle and arrested the man. The man was found to be in possession of methamphetamine.
A man tried to rob a Dunkin' Donuts by handing a note saying he had a gun and bomb and demanding cash. However, he grabbed an adding machine by mistake, thinking it was a cash register, and fled empty-handed in a black car.
A Perth man was charged with drunk driving three times in a 24-hour period, including driving back to a police station where his impounded car was
Murders and violent crimes are increasing in the US. A recent example is a stabbing that killed a 25-year-old woman in Atlanta. Politicians disagree on the appropriate punishment for violent crimes like murder. Congressman Hank Johnson opposes the death penalty, believing it is immoral to take a life. However, Governor Nathan Deal supports stricter punishments for criminals, including making it harder to appeal federal death sentences. There are many arguments for and against the death penalty around issues like overcrowded prisons, costs of appeals, and risks of executing innocent people. Most US citizens support the death penalty based on past polls, but there are disadvantages such as high costs and risks of wrongful convictions. The debate involves
This document summarizes a paper about police misconduct. It begins by defining police misconduct as actions like false confessions, false arrests, evidence tampering, and lying under oath. It then discusses how police crimes have often gone unreported in the past with few punishments. The document calls for an end to wrongful actions by police officers. It provides some examples of police misconduct cases, including one where officers planted drugs and lied in their reports, leading to charges of manslaughter. The document also discusses the "blue code of silence" where police officers cover for each other's misdeeds.
Provided by Darren Chaker, this is an excellent publication concerning obtaining police records. Booking photographs to police report for all 50 states.
This document summarizes a case where a university professor who bludgeoned his wife to death received a lenient plea deal of 5-10 years for voluntary manslaughter. After serving the minimum 5 years, the parole board initially denied his release but approved it a year later. However, after public outrage from the victim's family and officials involved in the case, the board reversed its decision to approve parole. The author argues this case highlights the unequal treatment and hypocrisy that can exist in the criminal justice system, where well-educated individuals may receive more lenient treatment than less privileged defendants. Officials like the prosecutor and judge who approved the original plea deal were among those expressing shock at the potential parole.
David Campbell earned law degrees from the University of Detroit Mercy School of Law and the University of Windsor Faculty of Law through a joint JD/LLB program in 2004. This allowed him to be licensed to practice law in both the U.S. and Canada. After graduating and passing both the Michigan and Ontario bar exams, Campbell worked at the Toronto law firm McCarthy Tétrault and then returned to Bowman and Brooke in Troy, Michigan as an associate attorney. Campbell's dual licensure allows him to represent corporate clients in product liability, commercial litigation, and other cases on both sides of the U.S.-Canada border.
Why Innocent People Plead GuiltyJed S. RakoffNovember 20, 20.docxalanfhall8953
Why Innocent People Plead Guilty
Jed S. Rakoff
November 20, 2014 Issue
Honoré Daumier: A Criminal Case
The criminal justice system in the United States today bears little relationship to what the Founding Fathers contemplated, what the movies and television portray, or what the average American believes.
To the Founding Fathers, the critical element in the system was the jury trial, which served not only as a truth-seeking mechanism and a means of achieving fairness, but also as a shield against tyranny. As Thomas Jefferson famously said, “I consider [trial by jury] as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”
The Sixth Amendment guarantees that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.” The Constitution further guarantees that at the trial, the accused will have the assistance of counsel, who can confront and cross-examine his accusers and present evidence on the accused’s behalf. He may be convicted only if an impartial jury of his peers is unanimously of the view that he is guilty beyond a reasonable doubt and so states, publicly, in its verdict.
The drama inherent in these guarantees is regularly portrayed in movies and television programs as an open battle played out in public before a judge and jury. But this is all a mirage. In actuality, our criminal justice system is almost exclusively a system of plea bargaining, negotiated behind closed doors and with no judicial oversight. The outcome is very largely determined by the prosecutor alone.
In 2013, while 8 percent of all federal criminal charges were dismissed (either because of a mistake in fact or law or because the defendant had decided to cooperate), more than 97 percent of the remainder were resolved through plea bargains, and fewer than 3 percent went to trial. The plea bargains largely determined the sentences imposed.
While corresponding statistics for the fifty states combined are not available, it is a rare state where plea bargains do not similarly account for the resolution of at least 95 percent of the felony cases that are not dismissed; and again, the plea bargains usually determine the sentences, sometimes as a matter of law and otherwise as a matter of practice. Furthermore, in both the state and federal systems, the power to determine the terms of the plea bargain is, as a practical matter, lodged largely in the prosecutor, with the defense counsel having little say and the judge even less.
It was not always so. Until roughly the end of the Civil War, plea bargains were exceedingly rare. A criminal defendant would either go to trial or confess and plead guilty. If the defendant was convicted, the judge would have wide discretion to impose sentence; and that decision, made with little input from the parties, was subject only to the most modest appellate review.
After the Civil War, this began to change, chiefly b.
The document provides an overview of the criminal justice system in the United States. It discusses the key components and their roles, using the OJ Simpson murder case as an example. The criminal justice process begins with a crime being investigated by police, who gather evidence and identify suspects. The case then moves to courts, where judges and attorneys determine if there is enough evidence for a trial. If convicted, the offender is sentenced and sent to corrections facilities to serve their punishment and undergo rehabilitation programs. The document analyzes each step through the OJ Simpson case to illustrate how the criminal justice system operates from the initial crime to final sentencing.
Journal of-Criminal Justice, Vol. 7, pp. 217-241 (1979). Per.docxpriestmanmable
Journal of-Criminal Justice, Vol. 7, pp. 217-241 (1979).
Pergamon Press. Printed in U.S.A.
0047-2352’79/030217-26s2.WO
Copyright @ 1979 Pergamon Press Ltd
INFORMATION, APPREHENSION, AND DETERRENCE:
EXPLORING THE LIMITS OF POLICE PRODUCTIVITY
WESLEY G. SKOGAN
Department of Political Science and Center for Urban Affairs
Northwestern University
Evanston. Illinois 60201
GEORGE E. ANTUNES
Department of Political Science
University of Houston
Houston, Texas 77004
and
Workshop in Political Theory and Policy Analysis
Indiana University
Bloomington, Indiana 47401
ABSTRACT
The capacity of police departments to solve crimes and
apprehend offenders is low for many types of crime, particu-
larly crimes of profit. This article reviews a variety of studies
of police apprehension and hypothesizes that an important
determinant of the ability of the police to apprehend crimi-
nals is information. The complete absence of information for
many types of crime places fairly clear upper bounds on the
ability of the police to effect solutions.
To discover whether these boundaries are high or low we
analyzed data from the 1973 National Crime Panel about the
types and amount of information potentially available to po-
lice through victim reports and patrol activities. The evidence
suggests that if the police rely on information made readily
217
218 WESLEY G. SKOGAN and GEORGE E. ANTUNES
available to them, they will never do much better than they
are doing now. On the other hand, there appears to be more
information available to bystanders and passing patrols than
currently is being used, which suggests that surveillance
strategies and improved police methods for eliciting, record-
ing, and analyzing information supplied by victims and wit-
nesses might increase the probability of solving crimes and
making arrests. In light of this we review a few possibly help-
ful innovations suggested in the literature on police produc-
tivity and procedure.
Some characteristics of the crime itself, or of events surrounding the crime, that are
beyond the control of investigators, determine whether it will be cleared in most in-
stances. (Greenwood et al., 1975: 65)
There is no feasible way to solve most crimes except by securing the cooperation of
citizens to link a person to the crime. (Reiss, 1971: 105)
INTRODUCTION
A recent spate of studies of crime and the deterrent effectiveness of the criminal
justice system has raised anew a question as old as Bentham: Does raising the cost of
criminal activity signiticantly reduce the level of crime in a community? In these studies,
the cost of criminal activity has been conceptualized in two ways: as the loss of time and
opportunity attendant to apprehension (measured by the certainty of arrest or punish-
ment), and as the stigma, discomfort, and loss of opportunity that come with conviction
by the courts (measured by the severity of punishment). Indicators of the di ...
The document discusses the crime rate in Los Angeles and how it has fallen for the 10th straight year, making LA the safest big city in America. Violent crime decreased by 8.3% and murders remained low, with just 298 murders in 2012 compared to 1,092 murders 20 years ago. The decrease is attributed to innovative policing strategies focused on dismantling gangs, which were a major factor in LA's high crime rates in previous decades but have decreased significantly due to these policing efforts.
Study: Millions of Americans Go To Court Without a LawyerMark_Carnell
Countless movies and TV shows include a scene where a police officer arrests an alleged criminal and reads them the Miranda warning. Actors playing the role of police officers say, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed.”
Wk 71· Refer to New Haven Firefighters” in Chapter 10. Takrosacrosdale
Wk 7:1
· Refer to “New Haven Firefighters” in Chapter 10. Take a position for and one against allowing discrimination in the wake of segregation and discriminating in the name of diversity. Provide one or two reasons and examples to support each side of the argument.
WK 7:2
· Review “The Star Award” in Chapter 10. Select three candidates (from the field of five) to receive bonuses. Justify your response with one or two reasons.
NEW HAVEN FIREFIGHTERS
In late 2003, a total of 77 firefighters in New Haven, Connecticut, took a test for promotion to the rank of lieutenant. Of the 43 whites who took the exam, 25 passed (58 percent); of the 19 blacks, six passed (24 percent); and of the 15 Hispanics, three passed (20 percent). Because there were only eight vacancies, only the top scores were eligible for promotion. None of the six black firefighters with passing scores was eligible.
Upon learning these results, and knowing that the city was nearly 60 percent black and Hispanic, city lawyers advised the city's Civil Service Board to reject the results, warning the city could be exposed to a race discrimination lawsuit by minority firefighters if it let the exam stand. The board elected not to certify the exam. Firefighters whose scores gave them a good chance at being promoted filed suit, alleging their rights had been violated under the 1964 Civil Rights Act and the Constitution's equal protection clause. The lead plaintiff, Frank Ricci, who is dyslexic, said he prepared exhaustively for the test and paid someone to record study material so he could learn by listening.
The U.S. District Court ruled for the city, concluding that the city's efforts to avoid discrimination against minority firefighters was “race neutral” because “all the test results were discarded, no one was promoted, and firefighters of every race will have to participate in another selection process.”
The firefighters appealed the district judge's ruling, and the case landed with a three-judge panel at the Second Circuit Court of Appeals in 2007. At the end of oral arguments, one appeals judge, Sonia Sotomayor, told Ricci's lawyer, “We're not suggesting that unqualified people be hired. But if your test is going to always put a certain group at the bottom of the pass rate, so they're never, ever going to be promoted, and there is a fair test that could be devised and measures knowledge in a more substantive way, then why shouldn't the city have an opportunity to look and see if it can develop that?” Ultimately, Judge Sotomayor and her colleagues upheld the district judge's decision.
In June 2009, the Supreme Court ruled 5–4 in favor of the white firefighters. Judge Antonin Scalia scoffed at the district court judge's claim that rejecting the results was racially neutral. “It's neutral because you throw it out for the losers as well as for the winners? That's neutrality?”
Some private-sector employers said the ruling might prompt them to use tests more in making hi ...
Classmate’s Posts (DB4). (Needs just like some comments) .docxbartholomeocoombs
Classmate’s Posts (DB4).
(Needs just like some comments)
Robert Dlugaszewski
1) Criminal laws are the laws that define wrongs against a society and civil laws are laws that
define the rights of one person against another (Textbook, Glossary) and in the criminal case
against OJ Simpson the verdict of not guilty came from the jury that had to all agree on a verdict
and the facts presented in the case that there was reasonable doubt about the DNA evidence
and the alleged misconduct by the LAPD were enough to push the jury toward a not guilty
verdict. Where as in the civil case against OJ Simpson the jury finds Simpson liable for the
murders based on the same facts presented in the previous trial but in a civil case the majority
vote gets the verdict and in this case they deemed his reasoning of alleged misconduct by the
LAPD inflammatory and speculative.
2) In the Criminal case for OJ Simpson it was the People of the State of California and in the
civil case for OJ Simpson it was the families of the victims, Nicole Brown Simpson and Ronald
L. Goldman.
3) Just like in the OJ Simpson case even though someone is acquitted of a crime doesn't mean
that they didn't commit the crime it's just that the evidence wasn't substantial enough to prove
the defendant not guilty, that the evidence was obtained illegally, and the list goes on about
ways that guilty people get away with things based on legal rights or even in some cases just
luck, but either way they should be held liable in a civil case so that when they do "get away with
murder" the parties affected by these actions can get compensation for their troubles.
Sina Abbasi Kammasai
The differences between the two cases impacted the verdicts for many reasons. First one being in the
criminal trial OJ wasn’t required to testify, so he decided not to, but in the civil trial he was required to
testify because of the plaintiffs’ option which forces him to testify. Another difference between the two was
that in the criminal trial a conviction for OJ required a finding that he committed the murder beyond any
reasonable doubt whereas in the civil case and a guilty verdict for OJ only required 9 out of 12 votes and
“the basic legal standard being that in all probability Mr. Simpson committed the slayings” the keyword
being probability.
The party in the criminal case against OJ was the state of California which was charging OJ for the
murders of Nicole Brown and her friend Ron Goldman, the reason the state was the party involved in the
criminal case is because as stated in the textbook, “A crime is a wrong of such serious nature that the
appropriate level of government steps in to prosecute and punish the wrongdoer to deter others from
engaging in the same type of conduct”. (Textbook, pg.132, para 8-1b). The parties that were against OJ in
the civil case were the families of Nicole Brown and Ron Goldman, they had the right to sue civilly
because when the act th.
1 The Death Penalty And Plea Bargaining To Life SentencesKelly Lipiec
This document summarizes a study examining whether the availability of the death penalty impacts the likelihood that murder defendants will plead guilty and receive a life sentence rather than going to trial. The study analyzes data from large urban counties and finds that significantly more defendants plead guilty to life sentences in states with the death penalty compared to states without it. Specifically, in counties with the death penalty, 18.9% of murder cases ended in a guilty plea and life sentence, versus only 5.0% in counties without the death penalty, a statistically significant difference. The implications are that repealing the death penalty may reduce life sentence pleas and require more costly murder trials.
This document discusses a criminal case in Centervale and the community's response. Jason Rivers was convicted of second-degree murder for killing Cindy Jones and sentenced to six years in prison. Due to a new state law aimed at reducing prison budgets, Rivers was released after serving half his sentence. However, he soon assaulted an elderly woman, violating his parole. Citizens of Centervale expressed concerns to city officials about Rivers' early release and recidivism. Opponents argue the research shows violent offenders often reoffend, while supporters believe Rivers lacked programming as a youth and should receive alternative sanctions.
Cja 498 Enthusiastic Study / snaptutorial.comStephenson26
The document discusses a criminal case in the city of Centervale. It describes the murder of Cindy Jones five years ago and the recent conviction of Jason Rivers for her murder. It outlines citizens' concerns about crime and the criminal justice system in Centervale following Rivers' early release and subsequent assault. These concerns include distrust of law enforcement due to a former detective's prior conduct. The document proposes a Citizen's Academy to address citizens' issues and educate them about challenges faced by criminal justice professionals.
Similar to Max Keller Interviewed for Minnesota Lawyer Magazine Article (17)
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
Max Keller Interviewed for Minnesota Lawyer Magazine Article
1. Why are there so few mandatory minimums for firearms?
By: Kevin Featherly
February 21, 2018
Minnesota Lawyer Online Publication
Guns are giving a lot of people heartburn these days. They have Department of Corrections
Commissioner Tom Roy reaching for antacids.
“It is not just speculation that there are more guns,” said Roy, who doubles as DOC’s
representative on the Minnesota Sentencing Guidelines Commission. “There are more guns out
there in the hands of people that shouldn’t have them.”
He points to data included in the Guidelines Commission’s 2018 Report to the Legislature. He
finds two sets of those numbers particularly nettlesome.
First is the number of cases in which criminal defendants allegedly possessed or used firearms
while committing crimes. In 2008, Guidelines Commission data shows, 645 such cases were
alleged. In 2015, that tally doubled to 1,211 cases statewide.
Between 1996 and 2012, there were never as many as 1,000 such cases. Since 2013, there
have never been fewer than 1,000.
Roy’s second set of nettlesome numbers are departures from mandatory minimum sentences
under Minnesota Statutes Chapter 609.11.
The law imposes an automatic three-year sentence for possessing a firearm during a first-
offense felony count of major assault, burglary, kidnapping and several other crimes. A gun
charge during a second or subsequent offense puts the defendant away, automatically, for five
years.
Except it’s not so automatic, Roy contends.
The 2018 legislative report shows that, of 1,116 designated-offense firearms allegations
processed between July 1, 2016, and June 30, 2017, 1,052 were criminally charged. Of those,
757 were convicted of the underlying offense.
From there, the numbers get smaller. Among those convicted, fact-finders firmly established the
presence of firearms in only 687 cases. All 687, by statute, qualify for automatic minimum
sentences.
They didn’t all get them. Among the 2016-17 defendants, 285 received departures — meaning
probation or a shorter term of incarcerations. That means that, of the 1,116 accused only 402
got the mandatory minimum five-year sentences.
Hot topic
Roy knows he is wading into hot water on a subject that yet again became a flash point on Feb.
14, when 17 people were murdered at a Florida high school. And while Roy has long advocated
2. keeping more people out of prison, guns are a critical public safety issue. Violators deserve to
do time, he contends.
He cannot point to confirming data, but Roy said he believes that if felons with prior convictions
consciously possess firearms during the commission of new crimes, chances are that they will
shoot.
It is already happening, he said. “People are dying, regularly — it’s a weekly event almost in our
urban areas,” he said. “The streets are red with blood.”
The commissioner does not point fingers, but does want to know why there are so many
departures. “I see an incongruence in the cases involved, firearms and the final mandatory
minimums,” Roy said.
The answer, as with so many public policy debates, is: It depends on whom you ask.
Minnesota Lawyer reached out to three judges, two of whom — Mark Wernick and Caroline
Lennon — are members of the Sentencing Guidelines commission. Neither was available for
comment.
Robert Small, the retired Hennepin County District court judge, offered only one brief comment.
“If you talk to the commissioner of corrections, he may identify this as a problem,” Small said. “If
you talk to the defense bar, they may not see it as a problem.”
Indeed, Max Keller, chair of the Minnesota State Bar Association’s criminal law section doesn’t
see a big problem here.
Keller said that the 285 departures in 2016-17 equals about 42 percent of offenders convicted of
possessing guns under 609.11 during the period. The other 58 percent got the mandatory
minimum.
“You could say that the system worked correctly,” Keller said.
Depending on your viewpoint, the number has arguably improved over time. Guidelines
Commission data shows that between 2007 and 2016, 46 percent of offenders sentenced under
Chapter 609.11 for second-degree assault, first-degree armed robbery, felon in possession of a
gun and controlled-substance offenses got mandatory minimum sentences. The rest received
probation or shorter sentences.
Over that period, there were big discrepancies between counties. In Anoka County, for example,
57 percent of offenders received reduced sentences for first-degree aggravated robbery,
compared to 36 percent in Ramsey and 43 percent in Hennepin. Statewide, the average for that
offense was 40 percent over the period.
Anoka County departed in 69 percent of second-degree assault sentences between 2007 and
2016. That compares to 35 percent in Ramsey and 56 percent in Hennepin. The statewide
average for the period was 57 percent.
3. Statute permits both prosecutors and judges to seek departures. And while they are more
reticent to grant them, prosecutors uniformly agree there are good reasons occasionally to do
so.
Hennepin County Attorney Mike Freeman says his policy is not to depart without “really, really
good reasons.”
Sometimes those reasons are highly pragmatic. For instance, he said, Minnesota defendants
must be charged and appear before a judge within 36 hours of arrest. That can force
prosecutors to make snap decisions about the quality of evidence — and sometimes that
evidence “goes south,” he said. In such cases, deals can get struck.
Other times, he said, prosecutors might trade away a mandatory minimum sentence for
testimony against a bigger offender — as long as the gun-toting defendant still gets significant
jail time.
In still others, a defendant might turn out to be an important confidential informant. Prosecutors
will cut a deal to keep that information flowing, Freeman said.
“That’s just part of the business we are in,” Freeman said. “Anyone who says it’s not is just
naïve. That’s how it works.”
What to do?
Richard Dusterhoft, criminal division director for the Ramsey County Attorney’s Office, says
prosecutors sometimes do weigh the severity of the crime against the sentence in
recommending departures. A young man convicted 15 years ago as a felon, before the offense
became gross misdemeanor under the state’s Drug Sentencing Reform Act, is not necessarily a
hardened criminal if he gets busted with a small bindle of meth while packing a gun in his car’s
console.
“He has got a gun that he is not supposed to have, but he lives in a bad neighborhood and he is
trying to protect himself,’ Dusterhoft said. “That’s just not the same as the guy who is out is
carrying a gun because he is looking for someone to victimize.”
Both Freeman and Washington County Attorney Pete Orput — himself a Sentencing Guidelines
commissioner — agree that such factors should be taken into consideration. Yet all three
prosecutors agree that judges, far more often than prosecutors, are meting out lighter
sentences.
“Sometimes they do that over our objection, just to move cases along,” Dusterhoft said.
“Because they feel like somebody admitting what they did is worth something.”
Both Dusterhoft and Freeman offer statistics to support their contention that judges go lighter
than prosecutors. In 2016-17, Dusterhoft said, there were 21 Ramsey County 609.11 cases that
resulted in departures. Prosecutors asked for seven of them; judges gave out 21.
4. Freeman says that between July 1, 2010, and June 30, 2011, Hennepin County prosecutors
sought 30 departures under 609.11; judges granted 76. In 2014-15, prosecutors sought 21;
judges granted 75. In 2015, prosecutors departed on 49 cases; judges on 89.
Hennepin’s raw numbers, then, are increasing, harking back to Roy’s argument: Guns in the
streets are proliferating. Dusterhoft and Orput don’t dispute the Guidelines Commission’s report,
but neither has noticed a big spike in gun offenses and were a little surprised by findings.
Freeman, however, spends a lot of time studying the topic and says he has noticed. “I am very
concerned about guns,” he said. “I want to put as much effort and energy against guns as we
can.”
There is no consensus on what, if anything, to do about departure rates. Keller says judges are
under a lot of pressure to make the call to reduce mandatory minimums, but he’s not sure that’s
a bad thing. “That’s why they are paid the big bucks,” he said.
Dusterhoft thinks it might be a worth considering a new, separate sentencing grid for gun
offenses under 609.11. Currently, he notes, criminal history scores are not factored into the
mandatory minimums. A separate grid would consider the scores and give the public greater
insight into sentences, even if departures remain relatively static, as he expects they would.
Keller and Orput disagree. Adding another grid to a list that already includes separate grids for
sex and drug crimes would over-complicate the sentencing guidelines system and tilt it toward
meaninglessness, the men say.
Orput isn’t sure what, if anything is to be done because he doesn’t feel he has enough data. He
suggested that an organization like the University of Minnesota’s Robina Institute dig in and
examine the question of gun-crime departures and report back with solid findings and policy
recommendations.
“We need to get policy analysts to study this,” he said. “Then we’ll see if they can draw some
stronger correlations that would compel us to make some statutory changes.”
Nonetheless, Orput, does share Roy’s concerns that something might not be right.
“I have had that worry,” Orput said. “I do think that bringing a gun to a crime greatly ups the ante
and puts everybody at risk of something really bad happening. That’s been my reality, my whole
career.”