Broken Beyond Repair

Damon Winter/The New York Times

Bob Herbert

You can only hope that you will be as sharp and intellectually focused as former Supreme Court Justice John Paul Stevens when you’re 90 years old.

In a provocative essay in The New York Review of Books, the former justice, who once supported the death penalty, offers some welcome insight into why he now opposes this ultimate criminal sanction and believes it to be unconstitutional.

As Adam Liptak noted in The Times on Sunday, Justice Stevens had once thought the death penalty could be administered rationally and fairly but has come to the conclusion “that personnel changes on the court, coupled with ‘regrettable judicial activism,’ had created a system of capital punishment that is shot through with racism, skewed toward conviction, infected with politics and tinged with hysteria.”

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This is from the New York Times. Tom

Protecting California's prisoners

The Supreme Court should uphold a judicial panel's order that the state reduce its prison population

Ordinarily, states rely on courts and prisons to protect the citizenry from criminals, but California seems determined to turn that convention on its head: Here, we need courts to protect criminals from the state's voters.

The U.S. Supreme Court will consider Tuesday whether to overturn an order by a panel of three federal judges that the state reduce its prison population to 137.5% of capacity within two years, which would mean trimming the inmate count by about 25% from its current average of 165,000. The judges determined that medical care for inmates was so bad that it violated the Constitution's ban on cruel and unusual punishment, and cited overcrowding as a primary cause. California has appealed the order and is being joined by 18 other states, which are worried that their own prison systems might not pass federal muster.

To understand how California found itself in a position in which it must build more prisons, release 40,000 inmates or transfer them to other states, or some combination, it's helpful to examine the results of a recent Times/USC poll. Asked how they would close the state's $25-billion budget gap, voters strongly rejected tax hikes yet offered few suggestions on what spending programs to cut — with one exception. More than 70% wanted to cut the prison system's budget. Meanwhile, voters here have a long history of supporting tough-on-crime measures, which helped boost the prison population to unsustainable numbers.

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I don't think you could come up with a punishment that this U.S. Supreme Court would find cruel and unusual. Tom

Robert Latimer granted full parole: lawyer

Robert Latimer walks on his farm in 2001 before being sentenced to life with no change of parole for 10 years. On Nov. 29, 2010, he was granted full parole.

VICTORIA—Robert Latimer, the Saskatchewan farmer who killed his severely disabled daughter, has been granted full parole and will be home by Christmas, says his lawyer.

Jason Gratl says Latimer was granted full parole as of Dec. 6 at a hearing on Thursday.

Gratl says Latimer does not want to discuss the conditions of his release or his current emotional state.

The 57-year-old farmer was convicted of second-degree murder and given a life sentence for the 1993 death of his severely disabled daughter, Tracy.

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Blair blasts SIU over findings of ‘probable’ excessive force

Toronto Police Chief Bill Blair is lashing out at the Special Investigations Unit for saying excessive force was probably used by officers in two cases during G20 protests.

The two cases are among six investigated by the police watchdog, which then decided not to pursue charges because the officers in question could not be identified.

At the centre of Blair’s grievances, a YouTube video the SIU used as corroborating evidence of excessive force against a civilian.

Blair said the video had been “tampered with.” He said the tape had been “forensically examined” over the weekend and that it was edited in a way that offered no explanation for why force was used.

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Crimbrary applied its own forensic analysis to the video above and Crimbrary can confirm that the police officers in the video were edited into the scene by Ray Harryhausen's ghost. For more of Harryhausen's work see here. Tom

New Briefing Paper: Deterrence – Effects of Certainty vs. Severity

We are pleased to let you know of our new publication, Deterrence in Criminal Justice: Evaluating Certainty versus Severity of Punishment by Valerie Wright, Ph.D. The report addresses a key concern for policy makers regarding whether deterrence is better achieved by increasing the likelihood of apprehension or increasing the severity of sanctions.

Overall, the report concludes that:

• Enhancing the certainty of punishment is far more likely to produce deterrent effects than increasing the severity of punishment.

• Particularly at high levels of incarceration, there is no significant public safety benefit to increasing the severity of sentences by imposing longer prison terms.

• Policies such as “three strikes and you’re out” and mandatory minimum sentences only burden state budgets without increasing public safety.

• Evidence-based approaches would require increasing the certainty of punishment by improving the likelihood of detection.

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This is from the Sentencing Project. Tom

Your Future President - Palin's Turkey Pardon Fiasco

President Obama Pardons a Turkey

Tasering The Frogs

by digby

Many of you will probably recall that story of the police who tasered the 86 year old bedridden woman, but it appears they've filed the lawsuit and the details are just ... awful:
Hearing the 911 call made by her grandson, Lonnie Tinsley, he said he was unsure what medication his grandmother had taken and that he feared she “wanted to end her life.” He requested that an emergency medical technician come to her apartment to evaluate her.

Yet according the lawsuit (PDF) that was filed in an Oklahoma federal court, it was not the paramedics or an ambulance that responded. Instead, “as many as 10 El Reno police” arrived and “pushed their way through the door.” The grandmother, Lona Varner, who was lying in bed hooked up to an oxygen machine, responded by telling police to get out of her home.

Police admitted tasering the suicidal 86-yr-old woman in her-hospital type bed to incapacitate her after she told the police to get out. According to The Oklahoman, Officer Duran wrote in a police report that Lona Varner pulled a kitchen knife from under her pillow and threatened to kill him. The officer added she raised the knife above her head and said, “If you come any closer, you’re getting the knife.” The cop allegedly tried talking to her to calm her down but “nothing would work.”

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Criminal profiling vs. racial profiling

LAPD officers will utilize crime data, including ethnicity, to identify possible suspects. But there is no place for racial profiling in law enforcement.

I was accused of racial profiling on the first traffic stop I made as a rookie LAPD officer in 1998. I had spotted a reckless driver speeding through the streets of Van Nuys in a large pickup truck, so I flipped on my lights and took up the chase. The driver eventually pulled over, but as I walked up to his car, he began shouting at me, accusing me of having stopped him because he was black.

I could not sleep that night. A liberal academic before becoming a police officer, I had joined the Los Angeles Police Department hoping to make a difference. Yet here I was, on my first traffic stop, being accused of racism.

I thought of that incident again last week, when the LAPD was accused yet again of not adequately guarding against racial profiling by its officers. This time, it was the Department of Justice making the claim. As evidence, the agency cited a recording of two officers seemingly endorsing the practice in a conversation with a supervisor. One of the men said that he "couldn't do [his] job without racially profiling."

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