PoliceIssues | Crime and Justice

THE BAIL CONUNDRUM
Bail obviously disadvantages the poor. What are the alternatives?

(#319, 9/4/18)



      On September 19, 2017 Mickey Rivera walked out of jail, a free man. Well, relatively free. Unable to post $35,000 bail, he had been locked up for more than two years awaiting trial for his role in the 2015 gang-related killing of a Boston man. In August 2017, though, the Massachusetts Supreme Court ruled in Brangan v. Commonwealth, an unrelated case, that absent specifically documented reasons, cash bail must not outstrip a defendant’s ability to pay. After all, bail isn’t intended as punishment but “to provide the necessary security for [a defendant’s] appearance at trial.” Given that decision, Rivera’s lawyers appealed. Despite his substantial criminal record, Rivera’s bail was reduced to $1,000. He paid up, was outfitted with a tracking device and let go. That, a legal expert told the Boston Globe, was perfectly appropriate:

    Nancy Gertner, a retired federal judge and a senior lecturer at Harvard Law School, defended McGuire’s decision to reduce bail, saying he was following a state court decision that is part of a national bail reform effort to prevent people from being jailed before trial simply because they are poor. “What the judge did is exactly right,” Gertner said.

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ALL IN THE FAMILY
Men are gunning down their spouses and children. Is anyone paying notice?
(9/27/14)

     A recent FBI report analyzing assaults by “active shooters” between 2000 and 2013 identified 160 events in which 486 persons were killed and 557 were wounded. (These figures include nine law enforcement officers killed and 28 wounded.) Two of the most significant episodes occurred in 2012: the theater killings in Aurora, Colorado, with 12 dead and 58 wounded, and the Sandy Hook Elementary School massacre, with 27 dead and two wounded.

     To be included incidents had to involve a “mass casualty,” meaning at least three deaths. In an effort to limit the study to “active shooter” incidents – an ill-defined category at best – the FBI excluded killings connected with gang or drug crime and those stemming from “contained” residential and domestic disputes. If nothing else, these measures greatly limited the sample size. In all, the report included only seven lethal, multi-victim shooting events that occurred solely within residences, an average of less than one a year.

     As we know, episodes of lethal domestic violence, including those that meet the “three or more dead” threshold, are far more frequent. A quick-and-dirty Google search of family killings with at least three casualties revealed at least six such episodes in 2014 alone, resulting in a total of 32 deaths, 27 by gunfire (one incident did not involve firearms.) Twenty-two victims were children, ranging from infants and toddlers to youths in their teens. Unsurprisingly, each assailant was a male. Four were fathers, and one was a grandfather. Two shooters were arrested, three committed suicide, and one died of an apparent heart attack.

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SANCTUARY CITIES, SANCTUARY STATES (I)
What happens when communities turn their backs on immigration enforcement?
(8/23/17)

     By now the term “sanctuary city” has become such a familiar part of the lexicon that defining it might seem superfluous. But for the record let’s recap what it means to the Feds. According to a May 2016 memorandum from the Department of Justice the label applies to jurisdictions that, due to law, regulation or policy, either refuse to accept detainers from ICE or don’t promptly inform ICE of aliens they arrest or intend to release.

     Memoranda do not carry the force of law. A 1996 Federal law, 8 USC 1373, stipulates that “a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.” In plain language, neither Hizzoner the Mayor nor any other official can legally order police to keep quiet about the arrest (or simply the whereabouts) of an illegal immigrant.

     Of course, that doesn’t require that ICE be tipped off. Yet until recently such notifications were routine. Indeed, many police and sheriff’s departments used to have ICE train and deputize their officers under section 287-g of the Immigration and Nationality Act so they could enforce Federal immigration laws on the street. At one point the number of participating agencies exceeded seventy.

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Make-Believe Surprise! A well-known terrorist winds up in the U.S. as a refugee (#318, 8/18/18)


Police Slowdowns (Part II) Cops can’t fix what ails America’s inner cities – and shouldn’t try (#317, 8/4/18)

Police Slowdowns (Part I) Bedeviled by scolding, cops hold back. What happens then? (#316, 7/22/18)

Should Every Town Field Its Own Cops? Recent tragedies bring into question the wisdom of small agencies (#315, 7/6/18)

No One Wants Ex-cons to Have Guns The New York Times affirms its liberal creds. And falls into a rabbit hole. (#314, 6/24/18)

Fewer Can Be Better Murder clearances have declined. Should we worry? (#313, 6/9/18)



The Blame Game Inmates are “realigned” from state to county supervision. Then a cop gets killed. (#312, 5/21/18)

Is Your Uncle a Serial Killer? Police scour DNA databanks for the kin of unidentified suspects (#311, 5/6/18)

There's no "Pretending" a Gun Sometimes split-second decisions are right, even when they're wrong (#310, 4/18/18)



A Reason? Or Just an Excuse? Figuring out why officers kill persons “armed” with a cell phone (#309, 4/5/18)

Loose Lips Enable Terrorists Safeguard sources and methods. Or wish that you had. (#308, 3/27/18)

Again, Kids Die. Again, our "Leaders" Pretend. Like the Dem’s, the GOP addresses gun lethality with make-believe (#307, 3/17/18)

Routinely Chaotic Rule #1: Don’t let chaos distort the police response. Rule #2: See Rule #1. (#306, 3/6/18)

Ban the Damned Things! There’s no “regulating” the threat posed by highly lethal firearms (#305, 2/21/18)

Why do Cops Lie? Often, for the same reasons as their superiors (#304, 2/10/18)

Be Careful What You Brag About (Part II) Citywide crime statistics are ripe for misuse (#303, 1/25/18)

Be Careful What You Brag About (Part I) Is the Big Apple's extended crime drop all it seems to be? (#302, 1/15/18)

Accidentally on Purpose A remarkable registry challenges conventional wisdom about the causes of wrongful conviction (#301, 12/24/17)

Massacre Control What can be done to prevent mass shootings? (#300, 11/19/17)

"Bump Stocks" Aren't the (Real) Problem Outlawing them is a good idea. But it’s hardly the solution. (#299, 10/8/17)

Sanctuary Cities, Sanctuary States (Part II) Should states legalize recreational pot? (#298, 9/5/17)

Sanctuary Cities, Sanctuary States (Part I) What happens when communities turn their backs on immigration enforcement? (#297, 8/23/17)

Three (In?)explicable Shootings Grievous police blunders keep costing citizen lives. Why? (#296, 8/1/17)

Silence Isn't Always Golden A proposal to deregulate firearms silencers ignores the hazards of policing (#295, 7/14/17)

A Lost Cause Legislators are ambushed. And a gun-numbed land shrugs and moves on. (#294, 6/24/17)

Are Civilians Too Easy on the Police? When attempts are made to sanction cops, citizens often get in the way (#293, 6/3/17)

Ideology Trumps Reason Clashing belief systems challenge criminal justice policymaking (#292, 5/16/17)

People do Forensics Conflicts about oversight neglect a fundamental issue (#291, 4/30/17)

Why Do Cops Succeed? Shifting resources from finding fault to studying success (#290, 4/13/17)

Guilty Until Proven Innocent Pressures to solve notorious crimes can lead to tragic miscarriages of justice (#289, 3/19/17)

Is Crime Up or Down? Well, it Depends It depends on where one sits, when we compare, and on who counts (#288, 2/27/17)

An Illusory Consensus (Part II) Good intentions don't always translate into good policy (#287, 2/10/17)

An Illusory Consensus America's police leaders agree on the use of force. Or do they? (#286, 1/29/17)

Do Gun Laws Work? Are they doing any good? We crunch the numbers to find out (#285, 1/11/17)

Is Trump Right About the Nation's Inner Cities? America's low-income communities desperately need a New Deal (#284, 12/17/16)

A Stitch in Time Could early intervention save officer and citizen lives? (#283, 11/26/16)

No Good Deed Goes Unpunished To avoid anointing Trump, the FBI Director falls into a trap of his own making (#282, 11/2/16)

A Matter of Life and Death In an era of highly lethal firearms, keeping patrol informed is job #1 (#281, 10/20/16)

Is it Always About Race? Unruly citizens and streets brimming with guns make risk-tolerance a very hard sell (#280, 10/5/16)

Words Matter In a conflicted, gun-saturated land, heated rhetoric threatens cops’ effectiveness - and their lives (#279, 9/17/16)

Where Should Cops Live? Officer-citizen conflicts stir renewed interest in residency requirements (#278, 9/2/16)

Getting Out of Dodge For families caught in dangerous neighborhoods, there is one option (#277, 8/19/16)

Better Late Than Never (Part II) DOJ proposes rules for forensic testimony. Do they go far enough? (#276, 8/3/16)

Good Guy/Bad Guy/Black Guy (Part II) Aggressive crime-fighting strategies can exact an unintended toll (#275, 7/18/16)

Good Guy/Bad Guy/Black Guy (Part I) Do cops use race to decide who poses a threat? (#274, 7/18/16)

Intended or not, a Very Rough Ride A hung jury and two acquittals mar Baltimore's crusade against police violence (#273, 7/3/16)

A Ban in Name Only Pretending to regulate only makes things worse (#272, 6/21/16)

Better Late Than Never (Part I) A "hair-raising" forensic debacle forces DOJ's hand (#271, 6/10/16)

Location, Location, Location Crime happens. To find out why, look to where (#270, 5/25/16)

Orange is the New Brown L.A.'s past sheriff and undersheriff pack their bags for Hotel Fed. (#269, 5/7/16)

Role Reversal Chicago's falling apart. Who can make the violence stop? (#268, 4/25/16)

Is a Case Ever too Cold? Citing factual errors, an Illinois prosecutor successfully moves to free a convicted killer (#267, 4/16/16)

After the Fact Ordinary policing strategies can't prevent terrorism (#266, 3/31/16)

More Rules, Less Force? PERF promotes written guidelines to reduce the use of force. Cops aren't happy (#265, 3/18/16)

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