tag:blogger.com,1999:blog-73220256766040558112024-03-28T08:37:21.961-04:00Matt Mangino* Criminal Defense Attorney * Former Prosecutor * Former Parole Board Member *
724-658-8535Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.comBlogger5565125tag:blogger.com,1999:blog-7322025676604055811.post-86277643896454699792024-03-28T08:36:00.003-04:002024-03-28T08:36:23.979-04:00California takes on homelessness and mental illness<p><span style="font-family: "Times New Roman", "serif"; font-size: 12pt;">A new initiative, called CARE Court — for
Community Assistance, Recovery and Empowerment — is a cornerstone of
California’s latest campaign to address the intertwined crises of mental
illness and homelessness on the streets of communities up and down the state, reported <i>The New York Times.</i></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Another piece of the effort is Proposition 1, a
ballot measure championed by Gov. Gavin Newsom and <a href="https://www.nytimes.com/2024/03/20/us/california-prop-1-homelessness.html" title="">narrowly approved</a> by California voters this month. It
authorizes $6.4 billion in bonds to pay for thousands of treatment beds and for
more housing for the homeless — resources that could help pay for treatment
plans put in place by CARE Court judges.</span><span style="font-family: "Times New Roman", "serif"; font-size: 12pt;"> </span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">And Mr. Newsom, a Democrat in his second term, has
not only promised more resources for treatment but has pledged to make it
easier to compel treatment, arguing that civil liberties concerns have left far
too many people without the care they need.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">So when Ms. Collette went to court, she was
surprised, and disappointed, to learn that the judge would not be able to
mandate treatment for Tamra.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Instead, it is the treatment providers who would be
under court order — to ensure that medication, therapy and housing are
available in a system that has long struggled to reliably provide such services.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">“I was hoping it would have a little more punch to
it,” Ms. Collette said. “I thought it would have a little more power to order
them into some kind of care.”</span><span style="font-family: "Times New Roman", "serif"; font-size: 12pt;"> </span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Yet it seemed like her only option, so she made the
petition and hoped.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">CARE Court is Mr. Newsom’s bid to balance the very
public and very political problem of homelessness with profound questions about
individual rights in a country that for generations forced people with severe
mental illness into dangerous, dysfunctional institutions.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Under Gov. Ronald Reagan, California led the country
in a national movement to end widespread practice of committing the mentally
ill to state institutions. But like the rest of the country, the state didn’t
ensure that adequate resources were shifted to community services.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Mr. Newsom, in signing the legislation that set up
the new courts, nodded to this history, calling it California’s “original sin.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">That failure helped seed the crisis that plays out
in city after city.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">The state’s growing homeless population — just over
180,000 people, according to <a href="https://www.huduser.gov/portal/sites/default/files/pdf/2023-AHAR-Part-1.pdf" target="_blank" title="">federal statistics</a>, more than a quarter of the
nation’s homeless — has city parks and spaces underneath freeway overpasses
bulging with encampments, and those clearly in mental distress are a common
sight in communities up and down the state.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">“Continue to do what you’ve done, and you’ll get
what you’ve got,” Mr. Newsom said when he signed the CARE Court legislation.
“And look what we’ve got. It’s unacceptable.”<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">To read more <a href="https://www.nytimes.com/2024/03/21/us/california-care-court-mental-illness-homeless.html?utm_source=TMP-Newsletter&utm_campaign=ae2732303e-EMAIL_CAMPAIGN_2024_03_28_10_51&utm_medium=email&utm_term=0_5e02cdad9d-ae2732303e-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;"><o:p> </o:p></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-27907960823884455702024-03-27T08:46:00.005-04:002024-03-27T08:46:44.253-04:00Sweetheart deal for embattled Texas AG<p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">Federal prosecutors agreed to drop the securities
fraud charges facing Attorney General </span><a href="https://www.texastribune.org/directory/ken-paxton/" style="font-family: "Times New Roman", serif; font-size: 12pt;">Ken Paxton</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> if
he performs 100 hours of community service and fulfills other conditions of a
pretrial agreement, bringing an abrupt end to the nearly nine-year-old felony
case that has loomed over the embattled Republican since his early days in
office, reported the Texas Tribune.</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The deal, which landed three weeks before Paxton is
set to face trial, also requires him to take 15 hours of legal ethics courses
and pay restitution to those he is accused of defrauding more than a decade ago
when he allegedly solicited investors in a McKinney technology company without
disclosing that the firm was paying him to promote its stock. The amount of
restitution totals about $271,000, prosecutor Brian Wice said.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">To read more <a href="https://www.texastribune.org/2024/03/25/ken-paxton-plea-deal-securities-fraud-felony/?utm_source=TMP-Newsletter&utm_campaign=4525d961b4-EMAIL_CAMPAIGN_2024_03_27_10_46&utm_medium=email&utm_term=0_5e02cdad9d-4525d961b4-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-30892071317885078312024-03-26T08:43:00.000-04:002024-03-26T08:43:05.686-04:00Your tax dollars at work: PA state senator's whacky conspiracy legislation<p><span style="font-family: "Times New Roman", "serif"; font-size: 12pt;">A state senator who was the 2022 GOP nominee for
Pennsylvania governor has proposed legislation to outlaw experimental weather
modification techniques falsely associated with the “chemtrail” conspiracy
theory, reported the <i>Pennsylvania Capital-Star.</i></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">The false belief that condensation trails left by
high flying aircraft are actually trails of chemicals released by the
government for nefarious reasons has become conflated with techniques being
explored to reduce the amount of solar radiation absorbed by the atmosphere.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">In a memo seeking support for his bill, Sen. Doug
Mastriano (R-Franklin) said new technology and a proliferation of weather
modification patents “owned by a combination of Federal Government Agencies,
Non-Governmental Organizations, and large multinational corporations” have
brought forward the need to update Pennsylvania’s law.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Mastriano notes the Pennsylvania Constitution
guarantees the “right to clean air, pure water, and to the preservation of the
natural, scenic, historic and esthetic values of the environment.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">“Spraying unknown, experimental, and potentially
dangerous chemicals into the atmosphere without the consent of the people of
Pennsylvania is a clear violation of Article 1, Section 27 of the PA
Constitution,” <a href="https://www.legis.state.pa.us/cfdocs/legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20230&cosponId=42355" target="_blank">Mastriano’s memo</a> states.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">To read more <a href="https://penncapital-star.com/energy-environment/mastriano-proposes-bill-to-combat-chemtrails-rooted-in-conspiracy-theory-and-climate-science/?emci=97058028-e5ea-ee11-aaf0-002248223794&emdi=055c7b62-68eb-ee11-aaf0-002248223794&ceid=168987">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-79311023216506927732024-03-25T08:43:00.006-04:002024-03-25T08:44:10.854-04:00Mangino discusses Idaho prisoner escape on Scripps News<p><span style="font-size: medium;">Watch my interview with Christian Bryant on Scripps News Tonight discussing the brazen Idaho prisoner escape and shootout.</span></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiGwrxw9-LjxiHhbfK_L-ZKzjBj4zD6UWEzIMNi9niZwa-CeptE09Y3DB716Vr7xhMuBWt-_Hd4G8hlV81COdfKdcGIja1JEfsZImCgUS9O7EtqMdRoJL_v6Th3vBQE1ln6jaeBt5XsRTiwkuPcVHDnl_ZtFG-pe_6hp8-6xlwjcnRNEpNlfFXKGh0xvQ/s334/Scripps.logo.png" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="151" data-original-width="334" height="145" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiGwrxw9-LjxiHhbfK_L-ZKzjBj4zD6UWEzIMNi9niZwa-CeptE09Y3DB716Vr7xhMuBWt-_Hd4G8hlV81COdfKdcGIja1JEfsZImCgUS9O7EtqMdRoJL_v6Th3vBQE1ln6jaeBt5XsRTiwkuPcVHDnl_ZtFG-pe_6hp8-6xlwjcnRNEpNlfFXKGh0xvQ/s320/Scripps.logo.png" width="320" /></a></div><p><span style="font-size: medium;">To watch the interview <a href="https://drive.google.com/file/d/1YSKlIo6l4CmECCL1Szk0xQ4xj6t8zDGV/view">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-71600283125491989902024-03-24T10:40:00.002-04:002024-03-24T10:40:52.455-04:00Arizona legislator introduces a bill to repeal felony murder <p><span style="font-family: "Times New Roman", "serif"; font-size: 12pt;">Arizona State Sen. Anna Hernandez introduced a bill to repeal the state’s felony murder law, which has repeatedly been
used to imprison bystanders for killings committed by police officers, reported <i>The Appeal</i>.
Hernandez also introduced a separate bill that would change the law so that
people can only be charged with murder if they killed someone or helped kill
someone.</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Under Arizona’s felony murder law, people can
be <a href="https://theappeal.org/the-lab/explainers/felony-murder-explained/">charged
with murder even when they did not kill anyone</a>. If someone dies while a
person is committing certain felony offenses, such as robberies or certain drug
offenses, that person can be charged with felony murder.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;"><a href="https://www.azleg.gov/legtext/56leg/2R/bills/SB1422P.pdf">Senate Bill
1422</a> removes the sections of Arizona state law that allow people to be
charged with murder even when they did not kill anyone. The bill would also
give anyone previously convicted under the state’s felony murder statute a
chance to be resentenced.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;"><a href="https://www.azleg.gov/legtext/56leg/2R/bills/SB1423P.pdf">Senate Bill
1423</a>, meanwhile, adds <a href="https://www.azleg.gov/legtext/56leg/2R/bills/SB1423P.pdf">two sentences
to the</a> state’s homicide statute defining specific cases in which
people can be charged with first-degree murder. One sentence states that people
may be charged if the person is the actual killer. The second says someone can
be charged with first-degree murder if the person is not the killer but had the
intent to kill and “aided, abetted, counseled, commanded, induced, solicited,
requested, or assisted” the actual killer in the conduct that caused the death.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Last year, The Appeal <a href="https://theappeal.org/phoenix-police-killed-jacob-harris-felony-murder-arizona/">published
a story</a> that brought renewed attention to the Phoenix Police
Department’s <a href="https://theappeal.org/jacob-harris-jennifer-diponzio-phoenix-police-maricopa-county/">killing
of Jacob Harris</a>—and the incarceration of his three friends using the
state’s felony murder law. In 2019, Phoenix Police Officer Kristopher Bertz
shot 19-year-old Harris in the back, killing him. Police and prosecutors
cleared Bertz of any wrongdoing. Instead, they charged three friends with
Harris that night—Johnny Reed, Sariah Busani, and Jeremiah Triplett—with the
murder. Reed, who was 14 years old at the time, was sentenced to 15 years in
prison—more years than he had been alive at the time of his arrest.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Busani, aged 19, and Triplett, aged 20, were
sentenced to 10 and 30 years respectively. All three have been incarcerated
since the night police killed Harris.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Our reporting revealed that multiple law enforcement
officials made false or misleading statements about the night of Harris’s death
and deleted text messages related to the shooting. Thermal footage of the
shooting obtained by The Appeal contradicted the Phoenix Police Department’s
version of events.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Our investigation also raised questions about the
department’s conduct prior to the shooting: officers had been surveilling
Harris and his friends for over 12 hours at the time, believing that they were
connected to a string of robberies. Though police had many opportunities to
stop the group throughout the day, they ultimately chose to “allow a robbery to
happen,” as one officer put it.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">In a written statement, Hernandez told The Appeal
she filed two bills in order to increase the likelihood at least one passes.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">“These came about after conversations with the
coalition supporting Mr. Roland Harris and the Free the Phoenix 3 [Coalition],”
Hernandez said. “This statue is especially concerning as we have seen a rise in
police shootings and what this could mean for other individuals that could be
impacted by this law.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Hernandez also praised The Appeal’s reporting in a
Tweet last March.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Tomorrow morning, the Justice for Jacob Harris and
Free the Phoenix Three community coalitions—which formed in response to The
Appeal’s investigation—will hold a press conference alongside Hernandez outside
the state capitol to support the bills. The coalitions include the Anti
Police-Terror Project, Black Lives Matter Phoenix Metro, Decarcerate Arizona,
and the families of Harris, Reed, Busani, and Triplett.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Several states, including Hawaii, Kentucky,
Massachusetts, and Michigan, have <a href="https://newrepublic.com/article/154674/masonique-saunders-columbus-ohio-police-felony-murder-laws">abolished
the felony murder rule</a>.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Hernandez’s two bills each have more than seven
co-sponsors. The state senate is <a href="https://www.azmirror.com/2023/12/06/in-bid-to-flip-the-legislature-blue-national-dems-announce-spending-on-az/">currently</a> composed
of 14 Democrats and 16 Republicans. The state house has 29 Democrats and 31
Republicans. Some Republican lawmakers in Arizona have <a href="https://hoodline.com/2024/01/arizona-lawmakers-cross-aisle-for-justice-reform-fresh-lgbtq-rights-bill-faces-hurdle-in-gop-dominated-legislature/">supported</a> criminal
justice reform measures in the past. Arizona’s governor, Katie Hobbs, is a
Democrat who has endorsed <a href="https://ktar.com/story/5477742/arizona-gov-katie-hobbs-speaks-on-prison-priority-problems-and-plans-for-reform/">criminal
legal system reform</a>. The new round of bills also puts added pressure on
Hobbs to grant clemency to Harris’s three friends.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">To read more <a href="https://theappeal.org/arizona-bill-would-ban-felony-murder-law-jacob-harris/?utm_source=ActiveCampaign&utm_medium=email&utm_content=We+have+great+news&utm_campaign=March+RR+Email+%231">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-11702094895294712252024-03-23T10:28:00.001-04:002024-03-23T10:28:15.956-04:00Mangino provides legal commentary for WFMJ-TV<p><span style="font-size: medium;">Watch my interview with Lindsay McCoy on WFMJ-TV discussing the Ohio opioid verdict and Apple monopoly case. </span></p><p></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgHPon4DBo0WB2FpNySUh1l4oZNU9SjstIhO1Zud6CiKoEqKH6I_HX0K7j6QARKL_Pdhx7d1YjJKI6F7qXTwvAGioefuqNm7rgcC0mOixMoJgG78mKu5MUODEAN512NNAiMLJFeP7a9EhXsmjZJ21CpsNewrkfzrEXIqjkYIenRy2g8k3fOPEXA0YPZlQ/s707/WFMJ.logo.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="140" data-original-width="707" height="63" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgHPon4DBo0WB2FpNySUh1l4oZNU9SjstIhO1Zud6CiKoEqKH6I_HX0K7j6QARKL_Pdhx7d1YjJKI6F7qXTwvAGioefuqNm7rgcC0mOixMoJgG78mKu5MUODEAN512NNAiMLJFeP7a9EhXsmjZJ21CpsNewrkfzrEXIqjkYIenRy2g8k3fOPEXA0YPZlQ/s320/WFMJ.logo.jpg" width="320" /></a></div><span style="font-size: large;">To watch the interview </span><a href="https://www.wfmj.com/clip/15459042/650m-opioid-judgement-appeal-heads-to-high-court" style="font-size: large;">CLICK HERE</a><p></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-84690481728723337912024-03-22T07:53:00.002-04:002024-03-22T07:53:45.962-04:00Judge in Jan. 6 cases warns of future violent attacks after 2024 election<p> <span style="font-family: "Times New Roman", "serif"; font-size: 12pt;">A federal judge who has overseen numerous criminal
cases against Donald Trump supporters who viciously assaulted police officers
during the Jan. 6 attack on the Capitol expressed concern during a sentencing
hearing that the former president could trigger another violent attack
in the lead-up to or aftermath of the </span><a href="https://www.nbcnews.com/politics/2024-presidential-election" style="font-family: "Times New Roman", "serif"; font-size: 12pt;" target="_blank">2024 presidential election</a><span style="font-family: Times New Roman, serif;">, reported <i>NBC News.</i></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">U.S. District Judge Rudy Contreras voiced those
concerns while sentencing Jeffrey Sabol, a Colorado geophysicist, to 63 months,
or more than five years, in federal prison. Sabol had <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.226914/gov.uscourts.dcd.226914.449.0.pdf" target="_blank">told</a> the FBI that he believed there was no question
the election was stolen and that <a href="https://www.nbcnews.com/media/fox-news-settles-dominion-defamation-lawsuit-rcna80285" target="_blank">Dominion voting machines</a> had been tampered with. Sabol
also told the FBI he was filled with “patriotic rage” on Jan. 6, that a “call
to battle was announced” and that he “answered the call because he was a
patriot warrior.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Contreras said that Trump and his allies had
“spurred” the attack on the Capitol, saying he was worried that Sabol would
respond once again if a similar “call” was issued.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">"It doesn't take much imagination to imagine a
similar call coming out in the coming months," Contreras said Thursday.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Sabol, who repeatedly assaulted officers at the
lower west tunnel during the Capitol attack, was one of a fraction of the Jan.
6 defendants who had been held pretrial, so he's already served the majority of
his sentence. He was arrested on Jan. 11, 2021, just five days after the
attack. Sabol destroyed his laptop in a microwave oven, dropped his cellphone
in a body of water and tried to board a flight to Zurich, Switzerland, prior to
his arrest, prosecutors said.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Contreras on Thursday also <a href="https://www.justice.gov/usao-dc/pr/colorado-man-sentenced-prison-assaulting-law-enforcement-during-jan-6-capitol-breach-0" target="_blank">ordered</a> Sabol to pay $32,165.65 in restitution and
serve three years of supervised release.Jeffrey Sabol, center, seen during the
Jan. 6 attack on the U.S. Capitol. U.S. District Court for the District of
Columbia<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">In the lead-up to the Capitol attack, many Trump
supporters saw the former president's Dec. 19, 2020 "will be wild"
tweet encouraging people to come to Washington on Jan. 6 as a "<a href="https://www.nbcnews.com/politics/justice-department/informant-warned-fbi-weeks-jan-6-far-right-saw-trump-tweet-call-arms-rcna62683" target="_blank">call to arms</a>." As criminal cases <a href="https://www.nbcnews.com/politics/justice-department/trump-indefinitely-delayed-jan-6-criminal-trial-hundreds-supporters-ha-rcna142349" target="_blank">against hundreds of Trump supporters</a> have made their
way through federal court, Jan. 6 defendants have said time and time again that
they took the actions they did because they believed the former president's
baseless lies about the 2020 election.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Some Jan. 6 defendants have <a href="https://www.nbcnews.com/politics/donald-trump/trump-cant-use-idiot-defense-jan-6-defendants-often-lean-rcna129961" target="_blank">said they were duped and manipulated</a> and expressed
retroactive embarrassment about their lack of critical thinking skills, with
some defendants even <a href="https://www.nbcnews.com/politics/justice-department/idiot-jan-6-rioter-stole-john-lewis-photo-nancy-pelosis-office-gets-4-rcna94150" target="_blank">calling</a><a href="https://www.nbcnews.com/politics/justice-department/self-described-idiot-scaling-wall-sentenced-60-days-jan-6-case-rcna25477" target="_blank"> themselves</a><a href="https://www.nbcnews.com/politics/justice-department/jan-6-defendant-posed-hitler-tells-jurors-idiot-didnt-know-congress-me-rcna30743" target="_blank"> idiots</a>.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">In the court gallery for Sabol’s sentencing
was <a href="https://www.nbcnews.com/politics/congress/kevin-mccarthy-met-ashli-babbitts-mom-ahead-gop-visit-jan-6-prisoners-rcna76419" target="_blank">Micki Witthoeft</a>, the mother of Jan. 6 rioter Ashli Babbit,
who was shot and killed by a Capitol Police officer as she jumped through a
broken window leading into the House Speaker’s Lobby. Witthoeft attended a
vigil for Jan. 6 defendants outside a jail in Washington this week, which
was livestreamed, saying that she had spoken with Trump on the phone
earlier in the day and that the former president “talked about setting these
guys free when he gets in,” a message he asked to be passed along to Jan. 6
defendants.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">The former president was supposed to be <a href="https://www.nbcnews.com/politics/justice-department/trump-indefinitely-delayed-jan-6-criminal-trial-hundreds-supporters-ha-rcna142349" target="_blank">currently standing trial</a> in connection with his
efforts to overturn his election loss. Instead, the Supreme Court will <a href="https://www.nbcnews.com/politics/supreme-court/supreme-court-decide-trumps-immunity-claim-election-interference-case-rcna139026" target="_blank">hear</a> oral arguments on Trump's claims of total
presidential immunity from criminal charges next month, and it is unclear if he
will face trial before Election Day 2024.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Numerous members of the federal judiciary in
Washington have indicated that they believe Trump is responsible for the events
of Jan. 6. Contreras said at a prior sentencing against a Jan. 6 rioter that
Trump and his allies “<a href="https://www.nbcnews.com/politics/justice-department/jan-6-rioter-assaulted-officer-flagpole-sentenced-4-years-prison-rcna96036" target="_blank">bear responsibility for what occurred that day</a>.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Judge Amy Berman Jackson, at a <a href="https://www.nbcnews.com/politics/justice-department/trump-fan-assaulted-officer-fanone-jan-6-sentenced-7-years-prison-rcna49448" target="_blank">prior Jan. 6 sentencing</a>, said that the Republican Party was
"actively shunning the few who think standing up for principle is more
important than power and have stepped forward to educate the public and to
speak the truth." The threat to democracy, Berman Jackson said, did not
evaporate or dissipate just because the 2020 election results were certified.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">"The lie that the election was stolen or
illegitimate is still being propagated. Indeed, it’s being amplified, not only
on extremist social media sites, but on mainstream news outlets," she
said. "And worse, it’s become heresy for a member of the former
president’s party to say otherwise."<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">More recently, Senior U.S. District Judge Royce
Lamberth <a href="https://www.nbcnews.com/politics/justice-department/reagan-appointed-judge-warns-gops-preposterous-claims-jan-6-pose-threa-rcna135754" target="_blank">expressed astonishment</a> that Republican politicians had
so readily latched onto "preposterous" claims about the events of
Jan. 6 itself. He cited claims that criminals convicted in a court of law or
ordered held until trial by federal judges because of their danger to the
community or risk of flight were "<a href="https://www.nbcnews.com/politics/justice-department/reality-trump-stefaniks-jan-6-hostages-guilty-pleas-convictions-rcna132859" target="_blank">hostages</a>," a term Trump and his supporters like Rep.
Elise Stefanik, R-N.Y., have used.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">“The Court is accustomed to defendants who refuse to
accept that they did anything wrong. But in my thirty-seven years on the bench,
I cannot recall a time when such meritless justifications of criminal activity
have gone mainstream,” Lamberth, who was appointed by former President Ronald
Reagan in 1987, said.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">“I have been dismayed to see distortions and
outright falsehoods seep into the public consciousness,” Lamberth continued.
“The Court fears that such destructive, misguided rhetoric could presage
further danger to our country.”<o:p></o:p></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-19521311676288272052024-03-21T22:49:00.005-04:002024-03-22T07:45:44.235-04:00Alabama carries out first execution in more than four years<p> <b>The 3rd Execution of 2024</b></p><p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;"> </span><span style="font-family: "Times New Roman", "serif"; font-size: 16px;">Willie James Pye, a </span><span style="font-family: "Times New Roman", "serif"; font-size: 12pt;">Georgia man convicted of the killing of his
former girlfriend three decades ago was put to death on March 20, 2024 in the
state’s </span><a href="https://apnews.com/article/georgia-death-penalty-execution-covid-bd1e757ec6999e90a6456cec90ccd48d" style="font-family: "Times New Roman", "serif"; font-size: 12pt;">first
execution in more than four years</a><span style="font-family: Times New Roman, serif;">, report <i>The Associated Press.</i></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Pye, 59, received an injection of the
sedative pentobarbital and was pronounced dead at 11:03 p.m. at the state
prison in Jackson. He was sentenced to die for his conviction in the November
1993 abduction, rape and shooting death of Alicia Lynn Yarbrough.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Pye was asked by the warden whether he wanted to say
any final words, and he indicated no. When asked if he wanted a prayer said for
him, he indicated that he would. A member of the clergy then said a brief
prayer, asking God to help Pye experience some grace and mercy.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Pye was mostly still as the drugs began to flow. He
began exhaling rapid bursts of air about a half-dozen times, causing his cheeks
to expand and his lips to quiver each time. Then, he was still. Several minutes
later, the warden walked into the death chamber and announced the time of
death.<a name="more-u-s-news"></a><o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Pye’s lawyers filed late appeals urging the U.S.
Supreme Court to step in, but the justices unanimously rejected to stop the
execution. The defense team argued the state hadn’t met necessary conditions
for resuming executions after the COVID-19 pandemic and reiterated arguments
that Pye was ineligible for execution because of an intellectual disability.
State responses argued the claims had been previously settled by the courts and
were without merit. The last execution in Georgia was conducted in <a href="https://apnews.com/article/The%20last%20execution%20in%20Georgia%20was%20conducted%20in%20January%202020%20before%20the%20COVID-19%20pandemic%20gained%20force." target="_blank">January 2020</a> before the COVID-19 pandemic gained
force.<o:p></o:p></span></p>
<p class="MsoNormal"><a name="html-embed-module-e30000"></a><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Pye had been in
an on-and-off romantic relationship with Yarbrough, but at the time she was
killed, she was living with another man. Pye, Chester Adams and a 15-year-old
had planned to rob that man and bought a handgun before heading to a party in a
nearby town, prosecutors have said.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">The trio left the party around midnight and went to
the house where Yarbrough lived, finding her alone with her baby. They forced
their way into the house, stole a ring and necklace from Yarbrough, and forced
her to go with them, leaving the baby alone, prosecutors said.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">The group drove to a motel, where they raped
Yarbrough and then left the motel with her in the car, prosecutors said. They
turned onto a dirt road and Pye ordered Yarbrough out of the car, made her lie
face down and shot her three times, according to court filings.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Yarbrough’s body was found on Nov. 17, 1993, a few
hours after she was killed. Pye, Adams and the teenager were quickly arrested.
Pye and Adams denied knowing anything about Yarbrough’s death, but the teenager
confessed and implicated the other two.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">The teenager reached a plea agreement with
prosecutors and was the main witness at Pye’s trial. A jury in June 1996 found
Pye guilty of murder, kidnapping, armed robbery, rape and burglary, and
sentenced him to death.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Pye’s lawyers had argued in court filings that
prosecutors relied heavily on the teenager’s testimony but that he later gave
inconsistent statements. Such statements, as well as Pye’s testimony during
trial, indicate that Yarbrough left the home willingly and went to the motel to
trade sex for drugs, the lawyers said in court filings.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Lawyers representing Pye also wrote in previous
court filings that their client was raised in extreme poverty in a home without
indoor plumbing or enough food or clothing. His childhood was characterized by
neglect and abuse by family members who were often drunk, his lawyers wrote.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">His lawyers also argued that Pye suffered from
frontal lobe brain damage, potentially caused by fetal alcohol syndrome, which
harmed his planning ability and impulse control.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Pye’s lawyers had long argued in courts that he
should be resentenced because his trial lawyer didn’t adequately prepare for
the sentencing phase of his trial. His legal team argued that the original
trial attorney failed to sufficiently investigate his “life, background,
physical and psychiatric health” to present mitigating evidence to the jury
during sentencing.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">A federal judge rejected those claims, but a three-judge
panel of the 11th U.S. Circuit Court of Appeals agreed with Pye’s lawyers in
April 2021. Then the case was reheard by the full federal appeals court, which
overturned the panel ruling in October 2022.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Pye’s co-defendant Adams, now 55, pleaded guilty in
April 1997 to charges of malice murder, kidnapping with bodily injury, armed
robbery, rape and aggravated sodomy. He got five consecutive life prison
sentences and remains behind bars.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">There have been 75 men and one woman executed in
Georgia since the U.S. Supreme Court reinstated the death penalty in 1976,
according to the Georgia Department of Corrections. Pye was the 54th inmate put
to death by lethal injection. There are presently 35 men and one woman under
death sentence in Georgia.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">To read more <a href="https://apnews.com/article/georgia-death-penalty-lethal-injection-execution-willie-james-pye-d9e91b51c433667bcd58b6b39f0c32cd?utm_source=TMP-Newsletter&utm_campaign=a62149019f-EMAIL_CAMPAIGN_2024_03_21_11_06&utm_medium=email&utm_term=0_5e02cdad9d-a62149019f-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-38151710290940807002024-03-19T09:07:00.005-04:002024-03-19T09:07:39.563-04:00Creators: The 'Poverty Penalty': No Cash, No Freedom<div style="text-align: left;">Matthew T. Mangino<br /><b>Creators</b><br />March 18, 2024</div><p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">A fundamental tenet of Anglo-American jurisprudence,
dating back to the Magna Carta, is that all those accused of a crime are
presumed innocent until proven guilty. Today, about four out of five people
sitting in local county jails and municipal lockups have not been convicted of
the crime that brought about their detention.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Every day across the country, thousands of people
are locked up because they don't have money. The idea of "debtors'
prison" has long been repugnant. However, the concept of "pay or go
to jail" is still around. Whether it's getting locked up for not paying
fines or penalties after a conviction, or not having the wherewithal to post
bail pending trial — there are still a lot of poor people in jail.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">In most jurisdictions, the difference between being
charged with a crime and walking the street pending trial, or sitting in jail
awaiting trial, comes down to cash. Those who have it stay out of jail; those
who don't, stay in jail. Those unfortunate people without money for bail are at
risk of losing their jobs, their homes and their families.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Every year, about 11 million people funnel through
local municipal and county jails. According to the Prison Policy Initiative,
between 1970 and 2017, the number of people incarcerated in the nation's
3,000-plus local jails ballooned — from 150,000 to about 720,000 per day.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">The millions of people who go to jail each year are
there, generally, for brief periods of time. Most are released in days or hours
after their arrest, while others are held for months or even years — often
because they can't afford to make bail, are unable to get a speedy trial, or
can't gain timely access to a public defender.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Defendants accused of particularly serious violent
crimes or who pose a credible threat to public safety may be detained in jail
while awaiting trial. However, most defendants are entitled to pretrial
release. Judges may impose conditions on a defendant's release, such as
electronic monitoring or supervision through a pretrial services agency, but
they are entitled to bail if they can afford it.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Correcting the bail crisis is not out of reach. This
isn't about being tough on crime. It's about being fair. For some, even a
nominal bond is out of reach. When an accused has no money, $1,500 might as
well be $150,000.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Cash bail was historically intended to provide a
financial incentive for defendants to show up at required court dates, but
reforms adopted in the 1970s and 1980s allowed judges to also consider
potential risks to public safety when making bail decisions. Cash bail can,
under the right circumstances, be an appropriate tool for ensuring defendants
cooperate throughout the pretrial period.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">However, in most instances, cash bail creates a
wealth-based, two-tiered system of pretrial detention. Those who can't afford
bail suffer a "poverty penalty." No system of justice can endure when
a person's wealth, or lack of it, can determine their freedom. Mariam Krinsky,
executive director of the nonprofit Fair and Just Prosecution, said in 2019,
"Common sense dictates that people should not be held in jail simply
because they cannot afford a monetary payment." Yet the widespread use of
cash bail continues.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Keeping an accused in jail for an extended period of
time without trial creates other grievous problems in the criminal justice
system. For instance, some inmates being detained pretrial, without the
resources to post bail, see a guilty plea as their only path to freedom. Some
defendants sitting in jail will take a plea offer, even if they're innocent,
just to get out of jail. What could be worse than being locked up because you
can't afford bail?<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Pleading guilty to a crime you didn't commit to
regain your freedom.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;"><i>Matthew T. Mangino is of counsel with Luxenberg,
Garbett, Kelly & George P.C. His book "The Executioner's Toll,
2010" was released by McFarland Publishing. You can reach him at www.mattmangino.com
and follow him on Twitter @MatthewTMangino.</i><o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">To visit Creators <a href="https://www.creators.com/read/Crime-and-Conduct/03/24/the-poverty-penalty-no-cash-no-freedom#google_vignette">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-8656096210713820922024-03-18T20:29:00.005-04:002024-03-18T20:29:48.344-04:00Most Individuals Exonerated Last Year Were People of Color with Official Misconduct a Frequent Factor<p><span style="font-family: "Times New Roman", "serif"; font-size: 12pt;">The National Registry of Exonerations released
a comprehensive report on exonerations in 2023. The Registry recorded 153
exonerations last year and nearly 84 percent (127/153) were people of color.
Nearly 61 percent of the exonerees (93/153) were Black. </span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">New data show that wrongfully convicted individuals
in the United States have received at least $4 billion in compensation since
1989 from state and local governments. The payout has nearly doubled in just
five years since 2019, when compensation to exonerees in the U.S. totaled about
$2.2 billion. This significant increase reflects the growing number of
exonerations, and is one of the costs of wrongful convictions, particularly in
Illinois, New York, and Texas. <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">New York leads the pack with $1.1 billion total
compensation, 70 percent of which was for damages in civil lawsuits (which are almost
always paid by cities and counties), while in Texas, exonerees received $192
million, 86 percent of which was paid as state compensation. <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Jeffrey Gutman, special contributor to the National
Registry of Exonerations and professor at the George Washington University Law
School who collected the data, said, “This total will get bigger in the next
few years, rapidly. The number of states that pay compensation to
exonerees is growing. Many exonerees have claims that are still pending, and
we'll keep seeing more exonerations of innocent people who spent decades in
prison, probably at an accelerating rate." <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Since 1989, 50 percent of all exonerees and 53 percent of murder
exonerees have received some compensation. But the amounts they received vary
enormously. <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">Official misconduct occurred in at least 118
exonerations (or 77 percent) in 2023. Seventy-five homicide cases—85 percent of homicide
exonerations in 2023—were marred by official misconduct. Other contributing
factors in various combinations included perjury or false accusations, false or
misleading forensic evidence, mistaken witness identification, false
confessions, and ineffective assistance of counsel. <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">“This demonstrates once again a troubling reality in
America’s justice system,” said Barbara O’Brien, professor at Michigan State
University College of Law and editor of the Registry. “With 153 exonerations,
predominantly affecting people of color, and billions in compensation paid
since 1989, the toll of wrongful convictions is undeniable.” <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">“Official misconduct continued to undermine the
integrity of the most series cases, including those in which innocent
defendants were sentenced to death,” O’Brien said. “And while compensation is
being granted, it remains inequitable.” <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">People exonerated in 2023 lost 2,230 years
collectively for crimes they did not commit. That is an average of 14.6 years
per exoneree for wrongful imprisonment.</span><span style="font-family: "Times New Roman", "serif"; font-size: 12pt;"> </span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">“The numbers are staggering. People exonerated last
year lost 22 centuries of time all together,” said Ken Otterbourg, report
co-author and Registry researcher. “Some innocent people go into prison as a
young person and come out with grey hair. The vast majority of innocent people
who were exonerated last year after being wrongly convicted of crimes are Black
or Brown.” <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">The top states for exonerations (in order) for 2023
were Illinois, Texas, New York, and Pennsylvania, with California and Oregon
tied for fifth. The top four states accounted for 54 percent of the 2023
exonerations. <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">The report found that 86 exonerations—56 percent of
the 153 exonerations—were of defendants who had been convicted of murder, four
of whom had been sentenced to death.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman","serif"; font-size: 12.0pt; line-height: 115%;">The report is available <a href="https://u7061146.ct.sendgrid.net/ls/click?upn=u001.gqh-2BaxUzlo7XKIuSly0rCzOxLXoI-2Fp9-2Bx77s6rtw-2BG2uvg0Ph-2FOD3PRXyWbY7bSQBbaVbI8u7UxWRaL4W8cVvi-2FgyWP1Gck76yK-2Fm-2BP-2FmFe0uUx7GG3BgJSLshItJqqw4YLW_HWAk4DGcP5bOseprwmP7vigY8rPgonJIJw2QnYwYOFze4v8-2FKv4DNOzQ58CV6pht6PMBfQF94f4yccJbqmwQeJ3X-2Fzh5xlXYVJfwwd6cicCStAJYAgTe0DxiPG-2BGPLJKJfSb-2BS-2BCOirxXyflKd3Pxw8jF3MlDKecbCW2LBkFIy0A65rIK5Q7pDRMDuA-2FPkqkval3il2Iiprp4oRrAAek2fD-2FQN1wIWZ6B1x0olX4No-2BfRrKWm8WDQu3EiPC-2F7SESQhvXbd-2BIbRDOI4if9Ng8YtKr8Uf4XmgQ98eP9ugziFR7rEapfiA0nW85zvsxSSvovm56QbSmlLE4BglsgMdKext3E75XtGEPompFm9AXFws-3D" target="_blank">here</a>.<o:p></o:p></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-83564049191054000662024-03-16T10:34:00.000-04:002024-03-16T10:34:01.188-04:00Hollywood has a gun problem<p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">In my first job as a military adviser on a film set, I
witnessed the stark contrast between the gun safety culture of my Navy SEAL
days and the cavalier attitude toward firearms that permeates Hollywood, writes Kaj Larsen in <i>The New York Times</i>. During
a break in filming, the lead actor, fresh off a stint as a teen heartthrob,
picked up a gun and began waving it around, joking with the cast. Instinctively,
I leaped toward the actor, grabbed the gun and gave him a hard thump to the
chest, admonishing him for “flagging” the entire crew — using the military term
for aiming a firearm at someone.</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Later, I pulled him aside and drilled into him the cardinal
rules of gun safety, rules that become second nature to anyone who handles
firearms professionally: Always treat a gun as loaded. Never point it at
anything you don’t intend to shoot. Keep your finger off the trigger until
ready to fire. These aren’t optional guidelines but ironclad laws. If you’re
going to handle firearms, even those loaded with blanks, I explained, you have
a duty to master these principles.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The disregard for basic gun safety I witnessed that
day wasn’t an isolated incident. It was emblematic of a problem in the film
industry and a symptom of the profound contradictions in Hollywood’s attitudes
toward firearms.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">On movie sets, real guns, often modified to fire
blanks, are commonplace. Gunfights and shootouts are staples of blockbuster
entertainment, and the characters wielding those weapons, from James Bond to
John Wick, are glamorized and idolized. Violence — often stylized gun violence
— has long been a lucrative part of the Hollywood ecosystem. At the same time,
Hollywood is perceived as a bastion of liberal politics and a leading voice in
the push for gun control. After mass shootings, many actors and executives make
impassioned pleas for stricter regulations on firearms. They use their
influential platform to turn public opinion against American gun culture.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">It’s a jarring contradiction, one that the industry
has long ignored — but one that I believe it can no longer avoid confronting.
The <a href="https://www.nytimes.com/article/alec-baldwin-shooting-investigation.html">tragic
shooting</a> on the set of “Rust” in 2021, which claimed the life of a
cinematographer, Halyna Hutchins, has cast a harsh spotlight on the
consequences of a cavalier attitude toward guns. The details of the episode
paint a picture of an environment where basic gun safety protocols were
neglected. Live rounds were mixed with blanks. Firearms were handled with
shocking nonchalance. The result was a cascading series of errors that
culminated in a preventable death.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The <a href="https://www.nytimes.com/2024/03/06/arts/rust-armorer-convicted-alec-baldwin-shooting.html">conviction</a> last
week of the film’s armorer, Hannah Gutierrez-Reed, for involuntary
manslaughter, and an assistant director’s plea of no contest to a charge of
negligent handling of a deadly weapon, underscore the systemic nature of the
problem. It’s not just about individual lapses in judgment but about a broader
culture of laxity and disregard for the lethal potential of firearms on set.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The “Rust” tragedy should be a wake-up call for
Hollywood. It demands a top-to-bottom re-evaluation of how guns are handled in
the entertainment industry. The industry needs stronger safety protocols and
more rigorous training, in conjunction with experienced and qualified armorers.
It needs actors to educate themselves and respect the deadly power of guns,
even those firing blanks. It needs producers and directors to prioritize safety
over expediency. And it needs a system where anyone can speak up about unsafe
practices without fear of reprisal.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Since Ms. Hutchins’s death, some in the industry have
begun to take action. Guy Ritchie, a veteran action movie director known for
films that prominently feature firearms, announced he would no longer use real
guns on his sets, instead opting for airsoft pellet weapons. The actor Dwayne
Johnson, whose production company is behind action films like “Red Notice,”
committed to avoiding real firearms on his sets, even if it meant increased
visual effects costs. Over 200 cinematographers also signed an open letter
calling for a ban on functional firearms in filmmaking and refusing to work on
sets that use them.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">These are encouraging steps. But these actions need to
be part of a fundamental cultural shift — one that brings to film sets the
seriousness and respect for firearms that are drilled into military and law
enforcement professionals.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The very language Hollywood uses, particularly the
term “prop gun,” is emblematic of the problem. The phrase “prop gun” suggests
something inauthentic, a harmless facsimile of a real weapon. This is a
dangerous misnomer. The guns used in films are typically real firearms, often
modified to fire blank rounds or to be nonfunctional. By referring to them as
mere props, the industry perpetuates a false sense of safety, downplaying the
genuine risks these weapons pose.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The military’s approach to gun safety is a stark
counterpoint to Hollywood’s complacency. In the military, every round, whether
blank or live, is treated as potentially lethal. Any exercise involving
firearms involves multiple, meticulous safety checks. The final responsibility
rests with the individual pulling the trigger, who must confirm the weapon’s
safety before firing. It’s a culture of uncompromising discipline and
accountability, where the consequences of complacency are well understood.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The most important lesson Hollywood can learn from the
military is an ethic of shared responsibility — that everyone, regardless of
rank, has a duty to ensure safety. In the Navy, if a young sailor crashes a
ship while the captain sleeps, both are held responsible. In 2023 alone, the
Navy relieved 16 commanding officers, some <a href="https://coffeeordie.com/big-navy-commanders" target="_blank">almost
certainly</a> because of the actions of their subordinates. That
accountability is what’s sorely lacking in Hollywood.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The path forward is clear, if not easy. Hollywood must
adopt a new ethic, one that treats guns with the seriousness they deserve. It
must foster a culture where safety is paramount, where no one is too important
or too busy to follow basic protocols. It must train its talent, its crews and
its leadership to view gun safety not as an optional extra but as a core
competency and a moral imperative.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The film industry has a unique power to shape culture,
to lead society in grappling with complex issues. But it can’t authentically
take on the debate around America’s relationship with guns until it resolves
its own internal contradictions. It can’t advocate responsible gun laws while
simultaneously glamorizing reckless gun use. And it can’t demand accountability
from others while avoiding it on its own film sets.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">To read more <a href="https://www.nytimes.com/2024/03/13/opinion/rust-hollywood-gun-safety.html?utm_source=TMP-Newsletter&utm_campaign=7e087bdce4-EMAIL_CAMPAIGN_2024_03_14_10_55&utm_medium=email&utm_term=0_5e02cdad9d-7e087bdce4-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-61341592294689004092024-03-15T12:46:00.000-04:002024-03-15T12:46:09.278-04:00No basis to impeach, refer for criminal prosecution<p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">Facing the prospect that they may never be able to
impeach President Biden, House Republicans are exploring a pivot to a different
strategy: issuing criminal referrals against him and those close to him, reported <i>The New York Times.</i></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In recent weeks, a political and factual reality has set
in on Capitol Hill. Despite their subpoenas and depositions, House Republicans
have been unable to produce any solid evidence of wrongdoing by Mr. Biden and
lack the votes in their own party to charge him with high crimes and
misdemeanors, the constitutional standard for impeachment.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Instead, top G.O.P. lawmakers have begun strategizing
about making criminal referrals against Mr. Biden, members of his family and
his associates, essentially sending letters to the Justice Department urging
prosecutors to investigate specific crimes they believe may have been
committed.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The move would be largely symbolic, but it would allow
Republicans in Congress to try to save face while ending their so far
struggling impeachment inquiry. It has the added appeal for the G.O.P. of
aligning with former President Donald J. Trump’s vow to prosecute Mr. Biden if
he wins the election.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">And it would avoid a repeat of the humiliating process
House Republicans, who have a tiny and dwindling majority, went through last
month with the impeachment of Alejandro N. Mayorkas, the homeland security
secretary. After <a href="https://www.nytimes.com/2024/02/06/us/politics/alejandro-mayorkas-impeachment.html">initially
falling short of the votes to impeach Mr. Mayorkas</a>, Republicans barely
succeeded on the second try, only to realize that the Democratic-controlled
Senate <a href="https://www.nytimes.com/2024/03/06/us/politics/mayorkas-impeachment-republicans.html">was
poised to quickly acquit him</a> — or even dismiss the charges without a
trial.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“There’s nothing that I’ve heard in the last couple of
weeks that says that we are anywhere close to having the votes” for
impeachment, said Representative Kelly Armstrong, Republican of North Dakota
and the author of <a href="https://armstrong.house.gov/media/press-releases/armstrong-introduces-impeachment-inquiry-resolution" target="_blank">the resolution authorizing the impeachment investigation.</a><o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Mr. Armstrong said he believed criminal referrals were
the much more likely outcome. Mr. Armstrong suggested House Republicans could
make referrals regarding alleged violations of the Foreign Agents Registration
Act in connection with international business deals by Hunter Biden, the
president’s son, and suggested that the Justice Department investigate
accusations of obstruction.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“I’m still interested in why we haven’t gotten better
answers on the whole-of-government approach to obstructing all of these
investigations,” Mr. Armstrong said.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Republicans say they are not finished with their
investigation, and could still change course and decide to hold an impeachment
vote. They have scheduled a public hearing next week with former business
partners of Hunter Biden, though Mr. Biden himself has <a href="https://www.nytimes.com/2024/03/13/us/politics/hunter-biden-testify.html#:~:text=Hunter%20Biden%2C%20the%20president's%20son,wing%2Dmedia%20circus%20act.%E2%80%9D">refused
to appear</a>.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;"><o:p> </o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In an interview, Representative Jim Jordan, Republican
of Ohio and the Judiciary Committee chairman, said he was also demanding audio
recordings of President Biden that were part of the special-counsel
investigation by Robert K. Hur into his handling of classified documents.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Criminal referrals, Mr. Jordan said, were among the
options “on the table” as the House G.O.P. moves forward.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Representative James R. Comer, Republican of Kentucky
and chairman of the Oversight Committee, has repeatedly suggested in recent
weeks that issuing criminal referrals could mark the end of the impeachment
inquiry, rather than an impeachment vote.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“At the end of the day, what does accountability look
like? It looks like criminal referrals. It looks like referring people to the
Department of Justice,” Mr. Comer said in a recent interview with Fox News’s
Sean Hannity. “If Merrick Garland’s Department of Justice won’t take any
potential criminal referrals seriously, then maybe the next president, with a
new attorney general, will.”<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">To read more <a href="https://www.nytimes.com/2024/03/14/us/politics/biden-impeachment-republicans-criminal-referrals.html?utm_source=TMP-Newsletter&utm_campaign=55bdf43660-EMAIL_CAMPAIGN_2024_03_15_10_54&utm_medium=email&utm_term=0_5e02cdad9d-55bdf43660-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-44979556100623515912024-03-14T10:45:00.000-04:002024-03-14T10:45:05.321-04:00Cash bail is a sanction for poverty<p><span style="font-family: "Times New Roman", serif;"><span style="font-size: medium;">On any given day, approximately 514,000 people are
held in local jails across the United States. Though defendants are presumed
innocent until proven guilty, more than 80% of the jail population are awaiting
trial and have yet to be convicted of a crime, reported the <i>Reason Foundation</i>. Defendants accused of
particularly serious violent crimes or who pose a credible threat to public
safety may be detained in jail while awaiting trial. However, most defendants
are entitled to pretrial release. Judges may impose conditions on a defendant’s
release, such as electronic monitoring or supervision through a pretrial
services agency.</span></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; line-height: 107%;"><span style="font-size: medium;">Monetary release conditions, commonly referred to as
“cash bail” or “money bail,” are among the most common types of pretrial
release conditions in the United States. Cash bail allows defendants to secure
their release by depositing a specified amount of money with the court as
collateral, providing a financial incentive for compliance during the pretrial
phase. If a defendant appears as required through the disposition of their
case, the bail amount is returned to them. If a defendant fails to appear in
court as required, the bail amount is forfeited, and the defendant may face
additional criminal charges or penalties.<o:p></o:p></span></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; line-height: 107%;"><span style="font-size: medium;">Cash bail was historically intended to provide a financial
incentive for defendants to show up at required court dates, but reforms
adopted in the 1970s and 1980s allow judges to also consider potential risks to
public safety when making bail decisions. Under the right circumstances, cash
bail is an appropriate tool for ensuring defendants cooperate throughout the
pretrial period. However, many defendants cannot afford the cost of bail and
are consequently detained for no reason other than their inability to pay.<o:p></o:p></span></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; line-height: 107%;"><span style="font-size: medium;">Recent research suggests that bail decisions can
result in defendants losing their jobs, coerce defendants into accepting plea
bargains, and increase the probability that defendants are convicted. Given the
potential negative consequences of pretrial detention resulting from an
inability to afford cash bail, reform advocates have suggested limiting the use
of monetary release conditions. Reforms to pretrial policy require policymakers
to balance several competing interests, many of which are difficult to
quantify. For example, it is not possible to quantify the normative value of
the presumption of innocence or American’s Constitutional right to reasonable
bail. However, research evidence can shed some light on the efficacy of cash
bail for ensuring compliance during the pretrial period.<o:p></o:p></span></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman", serif; line-height: 107%;"><span style="font-size: medium;">With some caveats, the studies included in this <a href="https://reason.org/wp-content/uploads/the-effects-of-cash-bail-on-crime-and-court-appearances.pdf">review</a> collectively
suggest that monetary release conditions like cash bail do not consistently
improve court attendance and may not result in net crime reduction. Other
factors, including indigence, drug use disorders, and criminal history, are
generally stronger predictors of court attendance than the imposition of
monetary release conditions. Conservatively, we can conclude that the United
States relies too heavily on monetary release conditions. The bulk of available
evidence suggests that curtailing the use of monetary release conditions among
low-risk defendants would not result in dramatic drops in court attendance or
increased risk of reoffending. There is even some evidence that pretrial
reforms that reduce detention of low-risk, bond-eligible defendants may
actually improve public safety. Additional research is needed to evaluate more
ambitious reform proposals.</span><span style="font-size: 12pt;"><o:p></o:p></span></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman", serif; line-height: 107%;"><span style="font-size: medium;">To read more <a href="https://reason.org/policy-brief/the-effects-of-cash-bail-on-crime-and-court-appearances/?utm_source=TMP-Newsletter&utm_campaign=7e087bdce4-EMAIL_CAMPAIGN_2024_03_14_10_55&utm_medium=email&utm_term=0_5e02cdad9d-7e087bdce4-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-58480897563349956072024-03-13T08:51:00.000-04:002024-03-13T08:51:47.484-04:00Creators: When Clemency Is Not Enough<div style="text-align: left;">Matthew T. Mangino<br /><b>Creators Syndicate</b><br />March 11, 2024</div><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Ever hear of Philip Esformes? If you haven't, chances
are you will hear about him this summer or fall.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Philip Esformes was raised in an Orthodox Jewish
community outside Chicago. His father, Morris Esformes, a rabbi, business
executive and well-known philanthropist, made a fortune in the nursing home
industry.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Philip eventually took over the family business,
expanding the health care chain in Florida. According to The Washington Post,
as Esformes' wealth expanded, he bought private planes, multiple residences and
exotic cars; he drove a $1.6 million Ferrari and wore a $360,000 wristwatch.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The son of a rabbi was living the high life. That all
came crashing down in 2016. Esformes was charged by the United States
Department of Justice as part of the largest health-care fraud scheme ever
prosecuted.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">At the time, prosecutors said Esformes bribed doctors
to put patients into his nursing homes, where they often received inadequate
care or were given unnecessary services that were then billed to Medicare and
Medicaid.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Esformes personally netted more than $37 million from
the yearslong scheme. According to CNBC, a federal prosecutor described
Esformes as "a man driven by almost unbounded greed."<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The jury convicted him of 20 criminal counts at trial,
but deadlocked on six other counts. A judge sentenced Esformes to twenty years
in prison.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">After his incarceration, Esformes immediately sought
the influence of high-ranking former government officials to seek clemency. An
attorney with the Aleph Institute, a Jewish charity affiliated with the
Chabad-Lubavitch movement and frequent object of the elder Esformes' charity,
began lobbying the White House. Esformes' team enlisted help from Edwin Meese
and Michael Mukasey, two former U.S. attorneys general; and Larry Thompson, a
former second in command at the DOJ.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">With the support of then Attorney General William
Barr, the fruits of their labor paid off. Having served less than five years of
a 20-year sentence, Esformes walked out of federal prison. In the waning days
of Donald Trump's presidency, Trump granted him clemency.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Esformes had seemingly caught a big break. He was a
free man. However, the Biden Justice Department had a different idea. The DOJ
announced that it intended to retry Esformes on the six counts that the jury
could not reach a unanimous verdict.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Retrying a defendant on charges in which the jury is
deadlocked, commonly known as "hung," is not unusual. Retrying a
defendant after a few charges are hung but a majority of charges result in
convictions is unusual. Retrying a defendant on hung charges after clemency is
granted is also extremely unusual.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">It was Trump who left the door open to new
prosecutions. Trump granted clemency, cutting short the length of the sentence,
on the 20 charges Esformes was convicted of but did not grant relief on the six
charges he was not convicted.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The questions surrounding the case come down to
whether trying Esformes again violated the Double Jeopardy Clause of the Fifth
Amendment to the U.S. Constitution — being tried twice for the same crime.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">According to The Washington Post, prosecutors argued
that if Trump had wanted to make sure Esformes could not be retried on the hung
counts, "he could easily have done so" by granting him a pardon or
specifically referencing those counts. "He did neither," they wrote.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Although the decision to retry Esformes was
universally assailed on the "right," it appears to have been accepted
by his legal team.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Last month, Esformes pleaded guilty to one count of
conspiracy to commit health care fraud and was sentenced to time served, with
prosecutors agreeing to dismiss the remaining five counts.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In the meantime, the Federal Court of Appeals affirmed
the District Court's judgment on Esformes' original convictions and sentence,
the restitution award of $5.5 million and the forfeiture judgment in the amount
of $38.7 million.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">It was a rather subdued conclusion to what started out
as a highly charged decision by the DOJ. If this were any other year or any
other time, that might be the end of the story. But this is 2024, anything is
political fair game in the Trump v. Biden rematch.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;"><i>Matthew T. Mangino is of counsel with Luxenberg,
Garbett, Kelly & George P.C. His book "The Executioner's Toll,
2010" was released by McFarland Publishing. You can reach him at
www.mattmangino.com and follow him on Twitter @MatthewTMangino.</i><o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">To visit Creators <a href="https://www.creators.com/read/Crime-and-Conduct/03/24/when-clemency-is-not-enough?fbclid=IwAR2FeTlw3_K0SXXdgW69uxQ1AUNX0uiHiQksN7KSLFuX6sqaGWWUbH1At7g">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-19191549501866099832024-03-12T09:55:00.007-04:002024-03-12T09:56:58.067-04:00Data Brokers sell people’s private data to the government<p><span style="font-family: Times New Roman, serif; font-size: medium;"><b>Fourth Amendment protects people only against unreasonable searches by government</b></span></p><p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">The Federal Trade Commission is </span><a href="https://www.ftc.gov/news-events/news/press-releases/2024/01/ftc-order-prohibits-data-broker-x-mode-social-outlogic-selling-sensitive-location-data" style="font-family: "Times New Roman", serif; font-size: 12pt;">poised
to ban</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> a data broker from selling sensitive location data as the Biden
administration just issued an </span><a href="https://www.lawfaremedia.org/article/limiting-data-broker-sales-in-the-name-of-u.s.-national-security-questions-on-substance-and-messaging" style="font-family: "Times New Roman", serif; font-size: 12pt;">executive
order</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> to limit sensitive data sales to certain countries of concern, reported <i>Lawfare.
</i>Yet a major customer of these data brokers is the U.S. government itself.
For </span><a href="https://www.wsj.com/tech/cybersecurity/how-ads-on-your-phone-can-aid-government-surveillance-943bde04" style="font-family: "Times New Roman", serif; font-size: 12pt;">years</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">, </span><a href="https://www.nbcnews.com/tech/security/us-government-buys-data-americans-little-oversight-report-finds-rcna89035" style="font-family: "Times New Roman", serif; font-size: 12pt;">news
outlets</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> have </span><a href="https://www.wsj.com/articles/u-s-spy-agencies-buy-vast-quantities-of-americans-personal-data-report-says-f47ec3ad" style="font-family: "Times New Roman", serif; font-size: 12pt;">reported</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> on
how federal and state agencies </span><a href="https://www.washingtonpost.com/outlook/2021/04/26/constitution-digital-privacy-loopholes-purchases/" style="font-family: "Times New Roman", serif; font-size: 12pt;">buy
Americans’ data</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> from private companies called data brokers—in mass. </span></p><p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">These brokers purchase and aggregate users’ location data from </span><a href="https://cdt.org/wp-content/uploads/2021/12/2021-12-08-Legal-Loopholes-and-Data-for-Dollars-Report-final.pdf" style="font-family: "Times New Roman", serif; font-size: 12pt;">virtually
all applications</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">. Brokers, in turn, repackage and sell geolocation data to
willing buyers, including the federal and state governments. This has led to
the government purchasing data on 98 million users from </span><a href="https://www.vice.com/en/article/jgqm5x/us-military-location-data-xmode-locate-x" style="font-family: "Times New Roman", serif; font-size: 12pt;">a
prayer app</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">, as well as </span><a href="https://thehill.com/opinion/congress-blog/4190774-the-government-is-surveilling-american-muslims-by-buying-their-data-its-time-to-close-the-loophole/" style="font-family: "Times New Roman", serif; font-size: 12pt;">tens
of millions</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> of users’ data from </span><a href="https://slate.com/technology/2021/03/dating-apps-data-brokers-transparency-government.html" style="font-family: "Times New Roman", serif; font-size: 12pt;">dating
apps</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">, mobile games, the Weather app, Google, rideshare apps, and social
media apps. This data can reveal some of the most intimate information about
people, from their </span><a href="http://www.vice.com/en/article/jgqm5x/us-military-location-data-xmode-locate-x" style="font-family: "Times New Roman", serif; font-size: 12pt;">faith</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">, </span><a href="https://time.com/6209991/apps-collecting-personal-data/" style="font-family: "Times New Roman", serif; font-size: 12pt;">political
associations and beliefs</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">, </span><a href="https://www.washingtonpost.com/politics/2022/07/27/ices-use-data-brokers-go-around-sanctuary-laws-under-fire/" style="font-family: "Times New Roman", serif; font-size: 12pt;">immigration
status</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">, </span><a href="http://www.vice.com/en/article/m7vzjb/location-data-abortion-clinics-safegraph-planned-parenthood" style="font-family: "Times New Roman", serif; font-size: 12pt;">pregnancy
status or interest in seeking an abortion</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">, and more. A </span><a href="https://www.documentcloud.org/documents/23844477-odni-declassified-report-on-cai-january2022" style="font-family: "Times New Roman", serif; font-size: 12pt;">recently
declassified report</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> from the Office of the Director of National
Intelligence confirms </span><a href="https://www.fox5ny.com/news/report-data-brokers-selling-personal-information-to-us-government-private-entities-foreign-governments" style="font-family: "Times New Roman", serif; font-size: 12pt;">what
has been known for years</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">: Brokers sell people’s private data to the
government. </span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt; line-height: 107%;">Matthew Tokson describes this practice and some of the
attendant Fourth Amendment issues <a href="https://www.lawfaremedia.org/article/when-the-government-buys-sensitive-personal-data">in
a previous Lawfare piece</a>. Government attorneys claim agencies can
purchase data without a warrant because the data is commercially available,
meaning there can be no reasonable expectation of privacy with respect to this
data, and because users signed a terms of service waiver, meaning they
forfeited their privacy rights in the data. Tokson ably responds to both
arguments, and suggests that a reasonable expectation of privacy persists in
the data.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt; line-height: 107%;">But commentators miss a foundational problem that puts
this practice outside the scope of Fourth Amendment protection: a government
purchase of data is not “state action” for constitutional purposes. As I argued
in the <a href="https://yalelawandpolicy.org/end-running-warrants-purchasing-data-under-fourth-amendment-and-state-action-problem">Yale
Law & Policy Review</a>, even if users maintain a reasonable expectation of
privacy over the data transacted by data brokers, the violation of their
privacy is not cognizable under the Fourth Amendment. <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt; line-height: 107%;">The Fourth Amendment in the Information Age<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt; line-height: 107%;">The Fourth Amendment prohibits “unreasonable searches”
of people’s “persons, houses, papers, and effects.” It is the cornerstone legal
protection against warrantless surveillance and a constitutional bulwark for
privacy. The Fourth Amendment ordinarily requires law enforcement and
intelligence agencies to obtain a warrant to conduct surveillance—for example,
tracking people’s locations and wiretapping phones. As the Supreme Court <a href="https://supreme.justia.com/cases/federal/us/389/347/">has long made clear</a>,
a “search” occurs when the government violates your “reasonable expectation of
privacy.” Thus, when the police, FBI, or CIA invade this reasonable expectation
of privacy, they (generally) must obtain a warrant. <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt; line-height: 107%;">In the 2018 Supreme Court decision <a href="https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf">Carpenter v.
United States</a>, law enforcement agencies forced two internet service providers
to hand over detailed cell-service location information data on a robbery
suspect. The Court held that the suspect had a reasonable expectation of
privacy in these invasive geolocation records. Thus, to obtain these records,
the government needed a warrant. It stands to reason that when the federal
government and state agencies purchase equally sensitive geolocation data from
brokers, users have an equally reasonable expectation of privacy in the data
sold by brokers as that addressed in Carpenter. (And under <a href="https://supreme.justia.com/cases/federal/us/533/27/">Kyllo</a>, even
commercially available data can be subject to a reasonable expectation of
privacy, as both Tokson and I <a href="https://yalelawandpolicy.org/end-running-warrants-purchasing-data-under-fourth-amendment-and-state-action-problem">address
elsewhere</a>. That users signed terms-of-service waivers does not undermine
users’ expectation of privacy, either.) <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt; line-height: 107%;">So if users have a reasonable expectation of privacy
in the data sold by brokers to the government, then why did the government need
to obtain a warrant in Carpenter but need not obtain a warrant to
purchase the data?<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt; line-height: 107%;">This is because of the <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4480782">“state
action problem.”</a> Axiomatically, the Fourth Amendment protects people
only against unreasonable searches by the government, <a href="https://supreme.justia.com/cases/federal/us/256/465/">not against those
conducted by purely private parties</a>. When the Supreme Court first
articulated the “reasonable expectation of privacy” test, it <a href="https://supreme.justia.com/cases/federal/us/389/347/">made clear</a> that
the Fourth Amendment “protects individual privacy against certain kinds
of governmental intrusion” (emphasis added). Thus, when a private
citizen or company invades your reasonable expectation of privacy, those
“invasions ... <a href="https://supreme.justia.com/cases/federal/us/256/465/">d[o] not violate
the Fourth Amendment</a> because of their private character.” Private
searches, then, are not governed by the Fourth Amendment. (Instead, they are
governed by common law tort and state statutes.) <o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt; line-height: 107%;">For the Fourth Amendment to require a warrant to
purchase your data, then, the act of buying data itself must constitute a
“search”–otherwise, there is no state action, and all that has occurred is a
private search. <o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12pt; line-height: 107%;">To read more <a href="https://www.lawfaremedia.org/article/data-broker-sales-and-the-fourth-amendment?utm_source=TMP-Newsletter&utm_campaign=a70220e41e-EMAIL_CAMPAIGN_2024_03_12_10_57&utm_medium=email&utm_term=0_5e02cdad9d-a70220e41e-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-74941197573195537542024-03-11T10:31:00.004-04:002024-03-11T10:31:47.603-04:00570% increase in devices to convert semi-automatic weapons into machine guns<p> <span style="font-family: "Times New Roman", serif; font-size: 12pt;">Communities around the U.S. have seen shootings
carried out with weapons converted to fully automatic in recent years, fueled
by a staggering increase in small pieces of metal or plastic made with a 3D
printer or ordered online, reported <i>The Associated Press</i>. Laws against machine guns date back to the bloody
violence of Prohibition-era gangsters. But the proliferation of devices known
by nicknames such as Glock switches, auto sears and chips has allowed people to
transform legal semi-automatic weapons into even more dangerous guns, helping
fuel </span><a href="https://apnews.com/article/bureau-of-alcohol-tobacco-firearms-and-explosives-crime-5797d08e27b4904c4a6b68d88cf544c1" style="font-family: "Times New Roman", serif; font-size: 12pt;" target="_blank">gun violence,</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> police and federal authorities said.</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“Police officers are facing down fully automatic
weapon fire in amounts that haven’t existed in this country since the days of
Al Capone and the Tommy gun,” said Steve Dettelbach, director of the Bureau of
Alcohol, Tobacco, Firearms and Explosives, or ATF. “It’s a huge problem.”<o:p></o:p></span></p>
<p class="MsoNormal"><a name="html-embed-module-e30000"></a><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The agency
reported a 570% increase in the number of conversion devices collected by
police departments between 2017 and 2021, the most recent data available.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Guns with conversion devices have been used in several
mass shootings, including one that left four dead at a <a href="https://apnews.com/article/alabama-sweet-16-party-shooting-1f3435fc2c4666d5338ee15f4d03bb79" target="_blank">Sweet Sixteen party</a> in Alabama last year and another
that left six people dead at a <a href="https://apnews.com/article/business-california-sacramento-homicide-arrests-f51504d50dce632d0c10424ffbe03e47" target="_blank">bar district in Sacramento, California</a>, in 2022. In
Houston, <a href="https://apnews.com/article/houston-305708b538b334df1a529c4f15eb689b" target="_blank">police officer William Jeffrey</a> died in 2021 after
being shot with a converted gun while serving a warrant. In cities such as
Indianapolis, police have seized them every week.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">To read more <a href="https://apnews.com/article/machine-guns-modified-illegal-switches-gun-violence-ddc2e9b6602ee1eb62e75732bbd54784?utm_source=TMP-Newsletter&utm_campaign=1209fbb8c0-EMAIL_CAMPAIGN_2024_03_11_11_06&utm_medium=email&utm_term=0_5e02cdad9d-1209fbb8c0-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-87524398473275442632024-03-10T14:08:00.002-04:002024-03-10T14:08:46.137-04:00With South Carolina's new permitless concealed carry law, 27 states now belong to the dubious club<p> <span style="font-family: "Times New Roman", serif; font-size: 12pt;">South Carolina Governor Henry McMaster </span><a href="https://www.scstatehouse.gov/sess125_2023-2024/bills/3594.htm" style="font-family: "Times New Roman", serif; font-size: 12pt;" target="_blank">signed a bill</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> permitting concealed and open
carry for firearms throughout the state, reported <i>Jurist.</i></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The so-called “constitutional carry” bill allows
individuals who are 18 and above and legally able to own a firearm to carry
that firearm either openly or concealed. The bill does not require any
registration or training for a permit to do so. Concealed weapons permits are
still available for gun owners who wish to have their right to carry recognized
in other states via reciprocity laws. 16 other states currently allow legal
carry through reciprocity agreements with South Carolina without any other
restrictions.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The bill includes certain restrictions on
“constitutional carry” by restricting the possession of firearms at most government buildings, law enforcement and correctional facilities, schools,
daycares and polling places. Firearm possession at hospitals, churches, doctors
offices and personal residences are subject to the express permission of the
appropriate entity. Businesses have the discretion to designate themselves as
gun free zones with clearly visible signage that the premise prohibits the
carrying of firearms on the property.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">McMaster <a href="https://twitter.com/henrymcmaster/status/1765822093994741957?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1765822093994741957%7Ctwgr%5Ea7db62f5c73eb3d5058401f610d726f07ca13cbe%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.greenvilleonline.com%2Fstory%2Fnews%2Flocal%2Fsouth-carolina%2F2024%2F03%2F07%2Fpermitless-firearm-carry-now-legal-in-south-carolina-after-governor-signature%2F72881936007%2F" target="_blank">touted</a> the bill on X (formerly Twitter) for expanding
the US Constitution’s <a href="https://constitution.congress.gov/constitution/amendment-2/#:~:text=A%20well%20regulated%20Militia%2C%20being,Arms%2C%20shall%20not%20be%20infringed." target="_blank">Second Amendment</a> gun rights and increasing penalties
against “violent criminals” for “illegal gun use and possession.” The bill was
sponsored by Bobby Cox, who is also the Vice President of Government Affairs at
gun maker SIG-SAUER, and had support from the National Rifle Association (NRA)
who also <a href="https://www.nraila.org/articles/20240306/south-carolina-constitutional-carry-headed-to-gov-mcmasters-desk-for-his-signature" target="_blank">praised</a> the bill for strengthening “self-defense”
rights.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">When the bill was reached the state Senate in May
2023, the omission of any training for gun owners to carry weapons in
public <a href="https://carolinanewsandreporter.cic.sc.edu/scs-permitless-carry-bill-draw-mixed-reaction/" target="_blank">drew criticism</a> from some, including retired US Army
Ranger and gun store owner, Jay Harris, who called the omission a “huge safety
concern.” Wendy Regoeczi, a Criminology and Criminal Justice professor at the
University of South Carolina, expressed skepticism saying, “[T]he jury is still
out on the impacts of permitless carrying on homicide or violent crime in
general.” But Regoeczi did point towards research showing that states allowing
concealed weapon carry have had increases in the homicide rate. Permitless
carry is now legal in 27 US states.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Concealed carry laws have been yet another flashpoint
for legal action over Second Amendment rights, actions that have included
a <a href="https://www.jurist.org/news/2023/01/us-supreme-court-declines-to-block-ny-gun-law-as-constitutionality-challenge-proceeds/" target="_blank">US Supreme Court decision in New York</a>, a <a href="https://www.jurist.org/news/2023/02/kentucky-supreme-court-hears-arguments-on-concealed-carry-in-school-zones/" target="_blank">Kentucky</a> case in the state’s Supreme Court, court
orders blocking a bill banning concealed carry in public places <a href="https://www.jurist.org/news/2024/01/us-appeals-court-dissolves-previous-order-allowing-california-law-banning-concealed-carry-of-handguns-in-most-public-places/" target="_blank">in California</a> and a <a href="https://www.jurist.org/news/2023/04/florida-governor-desantis-signs-permitless-concealed-carry-bill/" target="_blank">bill in Florida</a> that legalized permitless concealed
weapon carry.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: Times New Roman, serif;">To read more <a href="https://www.jurist.org/news/2024/03/south-carolina-governor-signs-bill-legalizing-permitless-concealed-carry-of-firearms/">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-26390643302024363312024-03-09T09:40:00.001-05:002024-03-09T09:40:09.741-05:00SCOTUS: An insurrectionist who attempted to overthrow a presidential election will remain on the ballot.<p>Sean Wilentz writing in <i>The New York Review</i>: <span style="font-family: "Times New Roman", serif; font-size: 12pt;">The lead of any story about the decision in Trump v. Anderson should
be that the Court has unanimously ruled that an insurrectionist who attempted
to overthrow a presidential election will remain on the presidential ballot. As
far as it goes, that statement is accurate. But the brazenness with which the
majority exercised its power to reach a decision in flagrant contradiction of
the Constitution’s plain meaning has deeper significance. </span></p><p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">It offers final
proof, if any more were needed, that textualism and originalism, the doctrines
on which conservatives have long based their judicial philosophy, are nothing
but instruments of right-wing activism to produce prearranged outcomes. </span></p><p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">The Court severely weakened an essential constitutional barrier to
violent despotism that had been erected in the aftermath of the Civil War. That
the minority decided to issue what might be called a dissenting
concurrence—quickly agreeing on a particular point while demolishing the
majority’s main argument—only underscores how corrupt the Court’s majority has
become.</span></p><p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">To read more <a href="https://www.nybooks.com/online/2024/03/06/the-constitution-turned-upside-down/?utm_source=TMP-Newsletter&utm_campaign=f8892c3585-EMAIL_CAMPAIGN_2024_03_08_11_51&utm_medium=email&utm_term=0_5e02cdad9d-f8892c3585-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-54628376694833322532024-03-08T08:54:00.003-05:002024-03-08T08:54:45.230-05:00Why national 'Sunshine Week' should be important to every American<p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">Sunshine Week may be a contrived event — much like
First Responder Wellness Week, National Siblings Day or National Donut Day. But
it holds special significance to us. And it should for you, reported the <i>Tampa Bay Times.</i></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">It’s a weeklong opportunity beginning Sunday to note
the importance of public records and open government. It also can be a chance
to call out those who try to keep the public in the dark.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Let me share one chilling example. A couple weeks
ago, <a href="https://www.tampabay.com/author/justin-garcia/" target="_blank">Tampa Bay Times reporter Justin Garcia </a>showed up, as
any individual can do, to the downtown headquarters of the Tampa Fire Rescue
Department. He was interested in paperwork <a href="https://www.tampabay.com/news/tampa/2024/02/21/firefighter-fire-department-paramedic-hospital-training-fired-racism-monkey-allegations/">pertaining
to a firefighter who had been terminated</a>.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">A department employee in the third-floor lobby claimed
that access to public records doesn’t work that way. There is an online portal
where Justin needed to make his request, she told him.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Justin had already done that. But he also apparently
knew the ins and outs of Florida’s records law better than the gatekeepers of
those documents. You’d be surprised — and dismayed — how often government
officials have no idea how public records laws actually work.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">When Personnel Chief Robbie Northrop showed up, Justin
again tried to make his case. The law permits anyone to request and view
documents in person, and government agencies should comply unless there’s a
good reason. Northrop left for a while. He returned, Justin said, to hammer
away at the point that we wouldn’t be getting anything now since we had made
the online request.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Justin cited <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0119/0119.html" target="_blank">Florida’s Chapter 119</a>, which he had called up on his phone,
while seated on the lobby couch. It says “all state, county and municipal
records are open for personal inspection and copying by any person.” According
to Justin, this appeared to further irk Northrop, who repeatedly insisted he
knew the law, when it was obvious that he didn’t.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“I couldn’t even finish my sentence,” Justin told me.
“He kept interrupting.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">If you have met Justin Garcia, he’s a thoughtful and
sharp reporter. We hired him about a year ago from Creative Loafing because we
were tired of him scooping us. He’s dogged, but he does not exude in-your-face
intensity. Rudeness is not his style, and it’s part of the reason sources
generally respond to him.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">When Justin tried to ask for a clearer explanation,
Northrop ended the discussion. That would be enough questioning of authority,
apparently.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Northrop then asked an office worker, according to
Justin, to “go ahead and call TPD on him.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Let that soak in. A reporter from the Tampa Bay Times
asked to see public records, and the fire department’s response was to call the
cops.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Was the personnel chief trying to intimidate a
journalist? Did he believe Justin’s attempt to get answers had crossed the line
into criminal behavior? Did he not like Justin’s long hair? Northrop wouldn’t
agree to be interviewed by the Times.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In the initial days after the lobby encounter, it
remained a mystery how the police were notified. It took rounds and rounds of
questions over nine days to extract the details.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Northrop had told the office worker — who witnessed
the entire thing — to call the police. But she claimed in a written statement
that she didn’t have time.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">So someone stalked over to Chief Barbara Tripp’s
office and urged her to initiate the call.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">And Tampa’s top firefighter did.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Justin had left by the time the cavalry arrived.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Mayor Jane Castor’s spokesman Adam Smith acknowledged
that none of this should have happened.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Smith told us that Northrop isn’t normally the
custodian of records and isn’t used to handling requests from the public, or
from reporters. He said the personnel chief came to the lobby because he was
informed that Justin was creating a disturbance.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Afterward, Northrop collected three brief statements
from fire department staff who were present. In one, a captain did not call out
issues with the way Justin had comported himself, only to say that he was
persistent and insistent. (Good journalistic qualities.) Two lower-ranking
employees described him as combative and agitated. Justin’s demeanor was the
reason the police had to be involved, according to Northrop.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“Mr. Garcia persisted in being argumentative and
repetitive and refused to accept the answer and leave,” wrote Northrop in his
personal memo to Smith in response to inquiries from the Times. Justin said he
never raised his voice.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Tripp, according to Justin, had waved politely to him
in the lobby when he first arrived but wasn’t present for any of the
interaction with Northrop. When Tripp told dispatchers to summon the police,
she also used the word “argumentative,” according to an audio recording of the
phone call that we obtained. She didn’t mention that Justin was a reporter but
an “individual” who was being “unruly towards personnel.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">No matter how you want to spin it, though, journalists
are supposed to ask questions and seek explanations. That may rankle people in
power, but it doesn’t constitute an unruly disturbance.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Think about the alarming message the episode sends to
all Tampa Bay area journalists when asking too many questions can lead to this.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“No one should ever call the police on a reporter even
if that reporter is being belligerent, obnoxious and aggressive,” said Smith.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Or, for the sake of total clarity here, when he is
being none of those things.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">About 90 minutes after Tripp ordered the police
called, Smith provided the records to the Times.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“It was a misunderstanding,” Smith said. “It sounds
like we need to have a conversation about that.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“We have 4,600 employees,” he added later. “He
(Northrop) has been in this particular job for a month, and we need to make
sure our employees are trained so they know what is appropriate and what’s not
appropriate.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">And what’s the excuse for Tripp, who has been running
the department for almost four years?<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">As we recognize Sunshine Week, let’s hope government
agencies throughout Florida have meaningful conversations with their employees,
top to bottom, about complying with the state’s public records law. We’d be
happy to sponsor a refresher course.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">If you’re wondering, the Times asked to view any video
surveillance showing the lobby encounter between Justin and the personnel
chief.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">City officials initially denied the request — citing
security reasons. Then they told us no such video exists.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">This time the police were left out of it.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">To read more <a href="https://www.tampabay.com/news/tampa/2024/03/07/tampa-fire-chief-ordered-police-called-local-journalist-asking-records/?utm_source=TMP-Newsletter&utm_campaign=f8892c3585-EMAIL_CAMPAIGN_2024_03_08_11_51&utm_medium=email&utm_term=0_5e02cdad9d-f8892c3585-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-83332971401624358982024-03-07T10:16:00.000-05:002024-03-07T10:16:05.190-05:00What's really at stake in 2024?<p> Greg Sargent writes for <i>The New Republic:</i></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">President Biden’s brain trust appears confident that
he will ultimately prevail over Donald Trump due to the threat Trump poses to
our constitutional system. By November, the election’s “focus will become
overwhelmingly on democracy,” one top Biden adviser <a href="https://www.newyorker.com/magazine/2024/03/11/joe-bidens-last-campaign" target="_blank">told</a> The New Yorker, adding that “the biggest
images in people’s minds are going to be of January 6th.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">If so, the Biden campaign had better get cracking.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Some new polling from a top Democratic pollster finds
mixed news for Team Biden on this front: Large swaths of voters appear to have
little awareness of some of Trump’s clearest statements of hostility to
democracy and intent to impose authoritarian rule in a second term, from
his <a href="https://www.usatoday.com/story/news/politics/elections/2023/12/11/donald-trump-dictator-one-day-reelected/71880010007/" target="_blank">vow</a> to be “dictator for one day” to his <a href="https://thehill.com/homenews/campaign/4168261-trump-called-for-termination-of-parts-of-constitution-in-december/" target="_blank">vague threat</a> to enact “termination” of provisions in
the Constitution.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">That’s maddening for obvious reasons. But it also
presents the Biden campaign with an opportunity. If voters are unaware of all
these statements, there’s plenty of time to make voters aware of
them—and the polling also finds that these statements, when aired to
respondents, shift them against Trump.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The survey—which was conducted by veteran Democratic
pollster Geoff Garin for the group Save My Country and shared with The New
Republic—did something novel. It polled 400 voters in each of three swing
states—Arizona, Michigan, and Pennsylvania—and weighted them in proportion with
each state’s Electoral College votes. It omitted respondents who voted for
Trump in 2020 and also said Biden didn’t legitimately win.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In short, the poll was designed to survey voters who
are genuinely gettable for Biden. The poll asked them about 10 of Trump’s most
authoritarian statements, including: the two mentioned above, Trump’s <a href="https://www.nytimes.com/2023/10/05/us/politics/trump-immigration-rhetoric.html" target="_blank">claim</a> that immigrants are “poisoning the blood of our
country,” his <a href="https://www.nbcnews.com/politics/donald-trump/trump-says-pardon-large-portion-jan-6-rioters-rcna83873" target="_blank">vow</a> to pardon rioters who attacked the Capitol,
his <a href="https://thehill.com/homenews/campaign/4045934-trump-vows-to-appoint-special-prosecutor-to-go-after-biden-if-former-president-wins-in-2024/" target="_blank">promise</a> to prosecute the Biden family without cause,
his <a href="https://www.washingtonpost.com/politics/2023/11/12/trump-rally-vermin-political-opponents/" target="_blank">threat</a> to inflict mass persecution on the “vermin”
opposition, and a few more.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Result? “Only 31 percent of respondents said they
previously had heard a lot about these statements by Trump,” the memo
accompanying the poll concluded.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The good news for Biden is that when respondents were
presented with these quotes, it prompted a rise in Trump’s negatives. For
instance, after hearing them, the percentage who see him as “out for revenge”
jumped by five points, the percentage who see him as “dangerous” rose by nine points,
and the percentage who see him as a “dictator” climbed by seven points.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“This is an opportunity to move voters and change the
race,” Garin told me, noting that this shows that current public polling, which
has Biden down to Trump, is “not set in concrete.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">If this Democratic polling is right, it might help
explain a dynamic that has perplexed observers. The latest New York Times poll <a href="https://www.nytimes.com/interactive/2024/03/03/us/elections/times-siena-poll-registered-voter-crosstabs.html" target="_blank">finds</a> Biden trailing Trump by five points among
registered voters even as 53 percent think he committed serious crimes.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Yet voters may still see Trump’s (alleged) criminality
as a theoretical proposition, without connecting it to the type of unbound,
lawless presidency he has told us he’d preside over—in his own words.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Indeed, the poll from Save My Country finds that after
voters are presented with these statements, the percentage of those who view
Trump unfavorably jumps five points, from 53 percent to 58 percent, and 69
percent say Trump will bring “chaos to the presidency and our country.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In other words, when voters are presented with
evidence straight from Trump’s own mouth, they see an authoritarian second term
as very plausible.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In one sense, the lack of voter awareness of Trump’s
“dictator” threats shows that the Biden campaign and Democrats don’t appear to
have succeeded in making voters aware of the menace Trump poses. Perhaps their
messaging has yet to work, or maybe the party <a href="https://www.offmessage.net/p/joe-biden-cant-win-without-looking-backward" target="_blank">has not seriously used the levers of power at its disposal</a> to
highlight Trump’s staggering corruption and malice.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">But if this polling is right, one explanation
that doesn’t seem as plausible is that voters don’t care about these
matters. In fact, all this might in some ways validate one of the Biden camp’s
frequent claims—that voters are so checked out that they aren’t seriously aware
of the threat a second Trump term poses.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The new polling also counters a well-worn refrain from
skittish, nonconfrontational Democrats. They sometimes say Trump’s negatives
are so well known—or “baked in,” as campaign jargon puts it—that there’s no
sense in spending much time on his authoritarian outbursts, affection for
political violence, and wide array of (alleged) crimes. Yet all this may in an
important sense constitute new information for untold numbers of voters.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“Trump’s negatives are not baked into the cake at
all,” Garin told me. Fortunately for the Biden camp, between now and Election
Day there are some eight months to fire up the campaign crucible and ensure
that they do get baked in—good and hard.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">To read more <a href="https://newrepublic.com/article/179548/poll-voters-trump-dictator-threats?utm_source=TMP-Newsletter&utm_campaign=319d398c16-EMAIL_CAMPAIGN_2024_03_07_11_51&utm_medium=email&utm_term=0_5e02cdad9d-319d398c16-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-63640791005568214822024-03-06T08:56:00.000-05:002024-03-06T08:56:18.718-05:00Stand Your Ground Rears Its Head in Missouri, Again<div style="text-align: left;">Matthew T. Mangino<br /><b>Creators Syndicate</b><br />March 4, 2024</div><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">More than a century ago, the United States Supreme
Court defined limits on the First Amendment. In 1919, Chief Justice Oliver
Wendell Holmes famously wrote that freedom of speech "would not protect a
man in falsely shouting fire in a theatre and causing a panic." Maybe a
jurist in Missouri will soon say that the Second Amendment does not give one
the right to spray gunfire into a crowd celebrating a Super Bowl win.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">According to police affidavits, the man arrested for
firing the first shots at the Kansas City Chiefs Super Bowl Rally told
authorities he felt threatened, while a second shooter said he fired because
someone was shooting at him.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">According to The New York Times, experts suggest that
even though the shooting left one bystander dead and two dozen people injured,
the two shooters might have good cases for self-defense through the Missouri's
"stand your ground" law.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Florida passed the first stand-your-ground law in
2005, expanding on what was known as the Castle Doctrine. The Castle Doctrine
permitted the use of deadly force within one's home without first attempting to
retreat.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Florida's stand-your-ground law stated "a person
who is not engaged in an unlawful activity and who is attacked in any other
place where he or she has a right to be has no duty to retreat and has the
right to stand his or her ground and meet force with force, including deadly
force if he or she reasonably believes it is necessary to do so to prevent
death or great bodily harm to himself or herself or another or to prevent the commission
of a forcible felony." Missouri's law mirrors the Florida statute.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">According to the National Conference of State
Legislatures, laws in at least 28 states provide that there is no duty to
retreat from an attacker anywhere in which one is lawfully present. At least 10
of those states have language stating one may stand his or her ground.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In probably the best known, and most controversial,
stand your ground case, Trayvon Martin was killed by George Zimmerman, a member
of a neighborhood watch in Sanford, Florida. Although his lawyers originally
sought a stand your ground defense, his defense team merely raised
self-defense. In 2013, he was acquitted by a jury of six women.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Maybe less known, but equally disturbing, was the
retired Florida police officer who shot and killed a man inside a movie theater
after a dispute over cellphone use, reported The New York Times.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">A jury of four men and two women found Curtis J.
Reeves Jr. not guilty of second-degree murder in the fatal shooting of Chad W.
Oulson in 2014, in a movie theater near Tampa.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Reeves' legal team argued that he acted in
self-defense when he fired on Oulson, who had tossed a bag of popcorn on
Reeves.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Missouri's stand your ground law was enacted in 2016.
The mass shooting at the Kansas City Chiefs Super Bowl Rally could be a new
test of those expanded protections. However, Kansas City already has a
high-profile stand your ground shooting to contend with in the meantime.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Eighty-four-year-old Andrew Lester was charged with
two felony counts of assault and armed criminal action after he shot
16-year-old Ralph Yarl, a high school student who rang his doorbell by accident<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Yarl was trying to pick up his siblings around 9:45
p.m. when he mistook Lester's home for a home where his siblings were waiting.
Yarl rang the doorbell, Lester opened the door and said "Don't come back
around here" and shot Yarl in the head through the door.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Lester's trial is set to begin in October of this
year, and could be a prelude to the anticipated Super Bowl Celebration stand
your ground defense.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;"><i>Matthew T. Mangino is of counsel with Luxenberg,
Garbett, Kelly & George P.C. His book "The Executioner's Toll,
2010" was released by McFarland Publishing. You can reach him at
www.mattmangino.com and follow him on Twitter @MatthewTMangino.</i><o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">To visit Creators <a href="https://www.creators.com/read/Crime-and-Conduct/03/24/stand-your-ground-rears-its-head-in-missouri-again">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-13509853421898789952024-03-05T09:18:00.000-05:002024-03-05T09:18:03.516-05:00Mitch McConnell's legacy<p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">Sen. Mitch McConnell </span><a href="https://slate.com/news-and-politics/2024/02/who-will-replace-mitch-mcconnell-john-thune-barrasso-cornyn-senate-republicans.html" style="font-family: "Times New Roman", serif; font-size: 12pt;">announced</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> that
he will not seek another term as leader of the Senate Republicans, stepping
down from the post (though not his seat) in January 2025. McConnell will leave
a legacy of </span><a href="https://www.youtube.com/watch?v=UzhJX1D9zTY&ab_channel=MSNBC" style="font-family: "Times New Roman", serif; font-size: 12pt;">extreme
obstruction</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">, having pioneered new ways to paralyze the upper chamber in an
effort to stymie Democratic legislation. </span></p><p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">He also </span><a href="https://nymag.com/intelligencer/article/mitch-mcconnell-had-the-power-to-stop-trump-and-he-refused.html" style="font-family: "Times New Roman", serif; font-size: 12pt;">regularly
kowtowed</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> to Donald Trump, even voting to </span><a href="https://www.cnn.com/2021/02/13/politics/mitch-mcconnell-acquit-trump/index.html" style="font-family: "Times New Roman", serif; font-size: 12pt;">acquit</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> the
former president following his impeachment trial over the Jan. 6 insurrection.
But McConnell’s most indelible mark on history is likely to be his fixation on
stacking the courts with far-right ideologues, thus fundamentally refashioning
the federal judiciary in the image of the modern Republican Party.</span></p><p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">To read more <a href="https://slate.com/news-and-politics/2024/03/mitch-mcconnell-retire-trump-federal-judiciary.html?utm_source=TMP-Newsletter&utm_campaign=e89c7e3c13-EMAIL_CAMPAIGN_2024_03_05_11_57&utm_medium=email&utm_term=0_5e02cdad9d-e89c7e3c13-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-88917175183221852662024-03-04T10:21:00.002-05:002024-03-04T10:21:17.723-05:00Supreme Court unanimously keeps Trump on Colorado ballot<p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">The US supreme court’s unanimous ruling overturning a
decision by Colorado’s top court that barred Donald Trump from the
ballot for his involvement in January 6 will resolve the question of the former
president’s ability to run for office nationwide.</span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">At issue was whether states could enforce <a href="https://constitution.congress.gov/browse/essay/amdt14-S3-1-1/ALDE_00000848/%5B'disqualification'%5D">section
three of the 14th amendment</a> to disqualify someone from running for
federal office, such as the presidency. That part of the constitution has been
cited by state-level judges, including in Colorado, who removed Trump from
ballots in lawsuits brought by pro-democracy groups.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In their decision, the US supreme court writes:<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">We conclude that States may disqualify persons holding
or attempting to hold state office. But States have no power under the
Constitution to enforce Section 3 with respect to federal offices, especially
the Presidency.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">To read more <a href="https://www.theguardian.com/us-news/live/2024/mar/04/supreme-court-trump-ballot-primary-election-latest-updates">CLICK HERE</a></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;"><o:p> </o:p></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-89071168051817243482024-03-03T11:38:00.002-05:002024-03-03T11:38:37.191-05:00NY Court: Simply possessing a gun in public no longer amounts to probable cause for an arrest<p> <span style="font-family: "Times New Roman", serif; font-size: 12pt;">It’s been more than two years since the Supreme Court
opened a new frontier for gun laws. In New York State Rifle & Pistol
Association v. Bruen, the court laid out a far more restrictive test for
determining whether such laws violate the individual right to bear arms that
the justices previously found in the Second Amendment. I’ve chronicled time and
time again how judges have tried to apply that test to existing laws, sometimes
with far-reaching implications, writes Matt Ford in <i>The New Republic.</i></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Earlier this month, a federal judge in New York <a href="https://casetext.com/case/united-states-v-homer-8/" target="_blank">ruled</a> that
simply possessing a gun in public no longer amounts to probable cause for an
arrest in that state. The decision is one of the first to apply Bruen to
how police officers carry out searches and arrests—a sign of how much the
Supreme Court’s ruling has changed the legal landscape when it comes to guns in
American life.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In February 2023, NYPD officers encountered Robert
Homer on Guy R. Brewer Boulevard, near the border of the Rochdale neighborhood
in Queens. A group of officers, using the city’s ARGUS surveillance camera
network, observed him sitting in the driver’s seat of a silver van. One of the
officers saw Homer put what appeared to be a black handgun into one of his
pockets while in the van, go to a nearby deli to get something to eat, and
return to the van. After his return, officers arrested him and found a handgun
in his pocket. Court documents do not say whether he was able to eat his meal
first.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">After his arrest, federal prosecutors charged Homer
with violating a federal law that bans people with felony convictions from
owning firearms. Critically, however, the officers were unaware that Homer had
a previous felony conviction prior to arresting him. Instead, their
justification for making the arrest—what is known as “probable cause” in
court—revolved around his simple possession of a firearm. The arresting officer
additionally told the court that he thought Homer lacked proper “firearm
discipline” and that he was in what the police described as a “high-crime
area.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Homer’s lawyers saw things differently. In their
telling, their client was minding his own business when he was arrested for no
reason. “Neither [the arresting officer] nor any of the [other] NYPD officers
who arrived on scene witnessed Mr. Homer do anything suspicious, much less
anything that would give rise to probable cause to arrest Mr. Homer,” they told
the court. “Mr. Homer was simply sitting in the driver’s seat of a car when the
arresting officers arrived on scene and immediately pulled him from the car and
placed him under arrest.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Accordingly, his lawyers filed a motion to suppress
any evidence obtained as a result of Homer’s arrest, including the discovered
firearm. They claimed that the Supreme Court’s ruling in Bruen and
the subsequent expansion of New York’s concealed-carry laws changed the
calculus for when a person’s behavior becomes suspicious enough for an arrest.
“Even assuming the unidentified NYPD officer observed Mr. Homer on live video
surveillance briefly holding what resembled a firearm, that observation is not
sufficient to establish probable cause to believe that Mr. Homer committed a
crime,” Homer’s lawyers told the court.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Federal prosecutors pushed back by arguing that the
sum of events met the probable-cause threshold. Homer was “holding a firearm in
his hand unsecured while in a car with other people, in a high-crime area and
in a car recognized as connected to a violent gang,” prosecutors said in court
filings. (As the court later noted, the officers couldn’t see the license plate
and therefore only knew it as a silver van, of which there are many in New York
City.) They also faulted Homer for what they described as “faulty gun
discipline” based on how Homer handled the gun. “This was not the mark of a
licensed gun owner,” prosecutors claimed. Bruen, in their view, “does
not affect the probable cause calculus in this case whatsoever.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The district court thought otherwise. “In the pre-Bruen world,
the court agrees that a police officer likely would have had probable cause to
arrest someone that the officer observed in a high crime area at night with a
firearm,” Judge Nicholas G. Garaufis wrote in the decision. Since
concealed-carry licenses were so rare in New York before Bruen, and so few
people had them, officers could reasonably conclude that someone they spotted
with a gun in those circumstances didn’t have a license.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">In Bruen, the Supreme Court’s justices
articulated an expansive approach to the Second Amendment. Restrictions that do
not pass Bruen’s new history-and-tradition test, which only allows courts
to uphold gun laws if they have a founding-era analogue, are now invalid. Lower
courts have spent the last two years trying to decide which laws survive under
the new test, sometimes reaching wildly different conclusions. The Supreme
Court is already mulling a follow-up case about whether Bruen invalidated
a federal law that bars domestic abusers from owning a gun.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">After Bruen came down and New York rewrote
its gun laws to match it, however, that calculus had changed. “For the purposes
of this inquiry, the practical effect of [the amendment] is to make gun
licenses for public carry significantly more accessible,” Judge Garaufis
explained. “The licensing exception that police could have reasonably
disregarded before Bruen was substantially broadened so that police
can no longer reasonably assess whether a person was committing a crime without
taking the exception into account.” As a result, he ordered the evidence to be
suppressed.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The court’s ruling was bounded by the practical steps
that the officers could have taken to make a more lawful arrest. For one thing,
Garaufis noted, the cops could have tried to actually identify Homer before
arresting him. That would have allowed them to discover his prior felony
conviction, which in turn would have provided probable cause. They also could
have performed what’s known as a stop and frisk to find the gun and check for a
license instead of jumping straight to an arrest. Since the officers only
arrested Homer for the mere fact of having a gun, however, they couldn’t use
any evidence obtained from the arrest to prosecute him.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Garaufis is not the first judge to conclude that Bruen has
changed the calculus for when cops can arrest people for having guns. In an
evidentiary ruling in a federal gun-related case last year, a federal court in
Connecticut reached a similar conclusion. That case also involved an armed
defendant who was arrested before officers determined he had a felony
conviction. “Consequently, by the time of the second search, the officers did
not have enough facts to support probable cause,” Judge Stefan Underhill wrote,
citing Bruen. “That is because an individual cannot be presumed to be
carrying a firearm unlawfully simply because of their possession of a firearm.”
The motion to suppress in that case ultimately failed for unrelated reasons.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Bruen did not technically address police
interactions like the one Homer experienced, so it is unclear whether other
courts will adopt the same reasoning. But one of the friend of the court briefs
in Bruen did discuss how New York’s gun laws affected policing
strategies, particularly in New York City. The brief, filed by a coalition of
legal aid and public defender groups in the state, <a href="https://www.supremecourt.gov/DocketPDF/20/20-843/184718/20210723101034102_20-843%20Amici%20Brief%20revised%20cover.pdf" target="_blank">told the justices</a> that the pre-Bruen law led to
draconian outcomes for otherwise law-abiding citizens.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“We routinely see people charged with a violent felony
for simply possessing a firearm outside of the home, a crime only because they
had not gotten a license beforehand,” they claimed. They also noted that the
NYPD had a history of predominantly enforcing those laws against communities of
color in New York City, particularly among Black and Hispanic New Yorkers.
“According to NYPD arrest data, in 2020, 96 percent of arrests made for gun
possession ... in New York City were of Black or Latino people,” they told the
justices. “This percentage has been above 90 percent for 13 consecutive years.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">One can also understand how the Homer decision
flows from the court’s vision of gun rights in Bruen. By hewing to
eighteenth- and nineteenth-century gun restrictions, it reflects an America
where owning and carrying a gun were part of everyday life, either for
self-defense or for survival in the early republic. A world in which the Second
Amendment is no longer a “second-class right,” as Justice Clarence Thomas
lamented before he wrote Bruen, is likely a world where seeing
someone with a gun in public is no longer a sign of imminent criminal activity.
But as the events in the Homer case demonstrate, it’s far from clear
if everyone is going to see this the same way.<o:p></o:p></span></p><p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">To read more <a href="https://newrepublic.com/article/179385/supreme-court-bruen-cops-concealed-carry?utm_source=TMP-Newsletter&utm_campaign=905cad9c12-EMAIL_CAMPAIGN_2024_03_01_11_49&utm_medium=email&utm_term=0_5e02cdad9d-905cad9c12-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></span></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0tag:blogger.com,1999:blog-7322025676604055811.post-88987833916603082262024-03-02T08:43:00.002-05:002024-03-02T08:43:17.330-05:00Idaho botches execution of 73-year-old serial killer<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">For nearly an hour, <a href="https://apnews.com/article/idaho-execution-creech-murders-serial-killer-91a12d78e9301adde77e6076dbd01dbb" target="_blank">Thomas Eugene Creech</a> lay strapped to a table in an
Idaho execution chamber as medical team members poked and prodded at his arms
and legs, hands and feet, trying to find a vein through which they could end
his life.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">After eight attempts, the prison warden told
them to give up. Creech, a 73-year-old serial killer who has been in prison for
half a century, was returned to his cell — for how much longer, no one knows, reported <i>The Associated Press.</i><o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The botched lethal injection was the latest in a <a href="https://apnews.com/article/alabama-executions-oklahoma-city-46d00f8a9852e7a08140a9ff7419a01a" target="_blank">string of difficulties</a> states have had carrying out
such executions since Texas became the first state to use the method in 1982.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Here’s a look at things to know about Creech’s case
and what comes next.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">What happened?<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Creech, one of the <a href="https://apnews.com/article/creech-idaho-death-row-serial-killer-execution-b742b8296d6609956708cb45fb6e5ebb" target="_blank">longest-serving death row</a> inmates in the U.S., had a
last meal of fried chicken and gravy Tuesday night. He was wheeled into the
execution chamber at the Idaho Maximum Security Institution on a gurney at 10
a.m. Wednesday, where he was to die for one of his crimes: the 1981 beating
death of a disabled fellow inmate who was serving time for car theft.<o:p></o:p></span></p>
<p class="MsoNormal"><a name="html-embed-module-e30000"></a><a name="related-coverage"></a><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Three medical team members tried eight
times to establish an IV, Department of Correction Director Josh Tewalt said.
In some cases, they couldn’t access the vein, and in others they could but had
concerns about vein quality.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">At one point, a medical team member left to gather
more supplies. The warden announced they were halting their efforts at 10:58
a.m.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">It’s not clear why they had trouble. A variety of
factors can affect the accessibility of someone’s veins, including dehydration,
stress, room temperature or physical characteristics. Creech’s attorneys have
said he suffers from several illnesses including Type 2 diabetes, hypertension
and edema. Those illnesses could impact circulation and vein accessibility.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Medical experts also say the experience of the
professional inserting an IV line can help determine whether the procedure is
successful.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The execution team was made up entirely of volunteers
who, according to Idaho execution protocols, were required to have at least
three years of medical experience, such as having been a paramedic. They were
not necessarily doctors, who famously take an oath to “do no harm.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The identities and qualifications of the medical team
members were kept secret. They wore white balaclava-style face coverings and
navy scrub caps to conceal themselves.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">What’s next for Creech?<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Creech’s death warrant, issued by Fourth Judicial
District Judge Jason Scott, said his execution had to be carried out by 11:59
p.m. on Wednesday. When the morning effort to execute him failed, his attorneys
rushed to file a new request for a stay in federal court, before the state
could try again, saying “the badly botched execution attempt” proves the
department’s “inability to carry out a humane and constitutional execution.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Tewalt, the correction director, quickly announced the
state would not try again Wednesday, and the death warrant expired. The state
will have to obtain another if it wants to carry out the execution.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“We don’t have an idea of time frame or next steps at
this point,” Tewalt told a news conference.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Creech’s attorneys were prepared to keep fighting for
his life. The U.S. Supreme Court rejected their last-ditch appeals Wednesday
morning.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“This is what happens when unknown individuals with
unknown training are assigned to carry out an execution,” the Federal Defender
Services of Idaho said in a written statement.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Robert Weisberg, a law professor and the co-director
of the Stanford Criminal Justice Center, said Creech’s chances of convincing
the Supreme Court justices that a second execution attempt would be cruel and
unusual punishment are slim. The court ruled in 1947 that Louisiana could try
again to execute a prisoner after an electric chair malfunctioned.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Creech’s attorneys could argue that he has medical
conditions that would make lethal injection execution impossible, and that
further attempts would be torture, Weisberg said.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Does Idaho have other options?<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">A number of pharmaceutical companies in recent years
have restricted sales of their drugs for use in executions, making access a
challenge for states trying to carry out the death penalty. Before Idaho’s last
execution, in 2012, Tewalt — who was not yet the corrections department
director — and a colleague flew to Tacoma, Washington, with more than $15,000
in cash to buy the drugs from a pharmacist.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">The trip was was only revealed after University of
Idaho professor Aliza Cover successfully sued for the information under the
state public records act.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Against that backdrop, Idaho lawmakers passed a law
authorizing execution by firing squad when lethal injection is not available.
Prison officials have not yet written a standard operating policy for the use
of firing squad, nor have they constructed a facility where a firing squad
execution could occur. Both would have to happen before the state could attempt
to use the new law, which would likely trigger several legal challenges.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Lawmakers also dramatically increased the secrecy
about how the state obtains lethal injection drugs, and about the people or
companies involved in supplying the drugs. The law requires that the
identification of the execution team members be kept secret, and it prohibits
the state’s professional licensing boards from taking disciplinary action
against a person who participated in an execution.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">“It’s really hard to know what went wrong here,” said
Robin M. Maher, the executive director of the Death Penalty Information Center.
“That, to me, is the very best argument against these secrecy laws.”<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Creech’s attorneys have argued that Idaho’s refusal to
say where it obtained the drug it planned to use on Wednesday violated his
rights.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">What’s happened in other states?<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Lethal injection is the main method of execution for
the federal government and the 27 states that have the death penalty, including
some that now have moratoriums on its use. But there have been some prominent
examples of botched efforts.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Alabama Gov. Kay Ivey paused executions for several
months to conduct an internal review after officials called off the lethal
injection of Kenneth Eugene Smith in November 2022 — the third time since 2018
Alabama had been unable to conduct executions due to problems with IV lines.<o:p></o:p></span></p>
<p class="MsoNormal"><span style="font-family: "Times New Roman",serif; font-size: 12.0pt; line-height: 107%;">Smith in January <a href="https://apnews.com/article/nitrogen-execution-death-penalty-alabama-699896815486f019f804a8afb7032900" target="_blank">became the first person</a> to be put to death using
nitrogen gas. He shook and convulsed for several minutes on the death chamber
gurney during the execution. Idaho does not allow execution by nitrogen
hypoxia.<o:p></o:p></span></p>
<p><span style="font-family: "Times New Roman", serif; font-size: 12pt;">In 2014, Oklahoma officials tried to </span><a href="https://apnews.com/general-news-3adff2e4f63f4f6fa2a7becc6d37967a" style="font-family: "Times New Roman", serif; font-size: 12pt;" target="_blank">halt a lethal injection</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;"> when the prisoner, Clayton
Lockett, began writhing after being declared unconscious. He died after 43
minutes; a review found </span><a href="https://apnews.com/article/executions-oklahoma-00a761ac0ea241a4b89f386bfa841d38" style="font-family: "Times New Roman", serif; font-size: 12pt;" target="_blank">his IV line came loose</a><span style="font-family: "Times New Roman", serif; font-size: 12pt;">.</span> </p><p>To read more <a href="https://apnews.com/article/creech-idaho-botched-execution-lethal-injection-905e6f0a096ed826d8273b9a0fa7001c?utm_source=TMP-Newsletter&utm_campaign=905cad9c12-EMAIL_CAMPAIGN_2024_03_01_11_49&utm_medium=email&utm_term=0_5e02cdad9d-905cad9c12-%5BLIST_EMAIL_ID%5D">CLICK HERE</a></p>Law and Justice Policyhttp://www.blogger.com/profile/12893067688178000325noreply@blogger.com0