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Public Defender


Implicit Bias And Public Defenders…Mental Illness and Violence…Rape Hotlines for Prisoners…and the Budget

June 10th, 2016 by Taylor Walker

SF PUBLIC DEFENDER JEFF ADACHI ON THE IMPACT OF RACIAL BIAS AMONG PUBLIC DEFENDERS

In recent years, there has been increased attention on the issue of implicit—or unconscious—racial bias among law enforcement officers, prosecutors, judges, and school teachers. San Francisco Public Defender Jeff Adachi says it’s also a problem among the public defenders whose job it is to provide poor (often minority) defendants with effective counsel.

These implicit biases may cause public defenders to “try harder for a client that he or she perceives as more educated or likely to be successful because of their race,” says Adachi. And black defendants are more likely to be convicted of more charges and receive harsher sentences, according to preliminary data from an ongoing study of plea bargains in San Francisco.

When Adachi was approached about implementing implicit bias training among public defenders four years ago, he was skeptical that public defenders suffered from unconscious bias. Then, he took the Harvard Implicit Association Test (see image above), and found that even he had unconscious racial bias. Now, San Francisco’s public defenders take bias training twice a year, and have other safeguards to cut down on bias.

In an op-ed for The Washington Post, Adachi discusses how his office handles recognizing and addressing implicit bias head-on. Here’s a clip:

I also began reading studies on how defense lawyers were affected by implicit bias. One study showed that defense attorneys in death penalty cases paired pictures of white-skinned faces with stereotypically good words; they paired “bad” words with black faces. The study also found that 88 percent of U.S. attorneys are Caucasian and the vast majority of attorneys have “automatic reactions that make associating white with good easier than associating white with bad.” This made me realize that black clients had an extra obstacle to obtain justice because their lawyers’ biases could affect how hard the lawyer pushed for them.

This is also problematic because of the prevalence of plea bargaining. In most jurisdictions, over 95 percent of the cases that are not dismissed or diverted result in a plea bargain. Past studies have suggested that attorneys may consider race in assessing the client’s chances of conviction and may therefore be willing to recommend higher sentences to account for a biased system.

Two years ago, we partnered with social science researchers from the Quattrone Center for the Fair Administration of Justice Plea to measure racial disparities in our plea bargains, and to determine whether the race of a client — or an attorney — affects outcomes. While the final study has not been released, the preliminary data shows a clear correlation between race and outcomes. Black defendants were more likely to be convicted of more charges and received more severe sentences. Armed with this information, we can now begin comparing outcomes and determining whether there is a rational explanation as to why they are different.

All of this research convinced me that I need to train my staff on how we form biases and how they potentially affect our work. The bias training we now undergo twice-yearly explores the subtle assumptions we make based on race. It forced us to examine who we choose to associate with, and who we choose not to, and how our fears and misperceptions about people affect the way we interact with them and ultimately represent them in court. And it required us to confront our own racism.

We also instituted some practical safeguards: Public defenders are encouraged to seek feedback from colleagues about potential biases and use checklist tools that ask questions such as “how would I handle this case different if my client was another race or had a different social background?” And we combat our own biases by getting to know our clients and their families. It is then they become individuals and not just criminal defendants.


CHANGING THE NARRATIVE ABOUT MENTAL ILLNESS AND GUN VIOLENCE

Media attention on high profile shootings has perpetuated a narrative that exaggerates the correlation between mental illness and violence.

Just 4% of documented violence in the US is committed by people with schizophrenia, bipolar disorder, or depression. In fact, a 1998 study showed that patients released from psychiatric hospitals were not any more likely to commit an act of violence than the general population (unless the psychiatric patients had co-occurring substance abuse issues).

Despite the extremely low rate of violence among the mentally ill, between 1995-2014, more than half of news stories about mental illness covered by several leading news outlets also mentioned violence, according to a new study published in the journal Health Affairs.

Rather than violence against others, people with mental illnesses are far more likely to commit suicide. The majority—60%—of all firearm-related deaths are suicides.

The Atlantic’s Julie Beck has more on the issue and why suicide prevention would have more of an impact on gun fatalities than a focus on the violence among the mentally ill. Here’s a clip:

A new study published in Health Affairs shows how the news perpetuates this narrative, with a look at how several prominent newspapers and broadcast networks covered mental illness from 1995 to 2014. More than half of the stories they looked at during that period—55 percent—mentioned violence in conjunction with mental illness. That proportion was pretty much consistent across the 19 years. But stories connecting mental illness with mass shootings specifically increased from 9 percent between 1994 and 2004 to 22 percent between 2005 and 2014.

Perhaps this can be partially attributed to high-profile shootings like the Tucson shooting in 2011, in which the killer did have schizophrenia. “That’s an event that is newsworthy, but the fact that it was linked to mental illness is not representative of most people who have schizophrenia, or most violence,” says Emma McGinty, the lead author on the study and a professor of health policy at Johns Hopkins University. “[And yet] that link pervades the public psyche.”

It pervades so much so that people speculate about killers’ mental states, even in the absence of any evidence that they were living with any disorder. For example, in an article about the gunman who recently killed a professor at the University of California, Los Angeles, New York magazine writes: “Police do not know for sure yet if Sarkar had a history of mental illness.” Why does this particular absence of information bear mentioning? It seems mental illness is so linked to gun violence in people’s minds that we have to address it even when it’s not there.

And when there is evidence that a killer also happened to have a mental illness—like the pilot who crashed a Germanwings plane in 2015, who had a history of depression—the media seize upon it like a bear trap. “We’ve got it now! This is what was wrong with him,” is the message portrayed.

This is a really tricky needle to thread, because something was clearly wrong with him. Of course someone who is perfectly healthy and well-adjusted in every way would not go out and kill a bunch of people.


AS PRISON RAPE EFFORTS FALTER, RAPE CRISIS HOTLINES STEP IN TO PROTECT PRISONERS

States and individual detention facilities are increasingly turning to rape crisis hotlines to help prisoners who have been sexually assaulted by staff or other inmates.

In 2003, Congress passed the federal Prison Rape Elimination Act (PREA), which established a set of “zero-tolerance” standards meant to eliminate rape in state and federal prisons. It took a decade to nail down and approve those standards. A 2014 report indicated that the number of sexual assaults behind bars had not changed much from 2007 to 2014 (before and after PREA standards were set in place).

Enforcement of PREA compliance has been abysmal. States only have to say that they intend to comply with PREA to keep the federal funding that’s at stake. And three states (Alaska, Arkansas, Utah) have flat-out refused to comply with PREA standards.

And prison rape is an all-too-common occurrence, there were 200,000 individual instances of reported sexual abuse behind bars in 2011—and certainly a lot more sexual assault that isn’t reported.

A proposed bill, the Justice for All Reauthorization Act, aims to kick PREA-resisters into action, setting a hard deadline of six years for states to achieve full compliance, with regular progress reports and public audits until then.

In the meantime, rape crisis hotlines are contracting with state corrections departments and prisons to provide abused inmates (who are most often violated by guards and staff) with much-needed help that they can access anonymously.

Mic’s Steven Yoder has more on the issue. Here’s a clip:

A handful of states — Virginia, Vermont, Washington and New York — and individual prisons are contracting with rape crisis providers to run hotlines. In San Antonio, the county jail approached the city’s Rape Crisis Center two years ago to staff a hotline. Since then, the center has expanded the service to 15 other detention facilities in Texas and one in Mississippi, says the center’s Deana Buril. In New York state, one rape crisis center reports that they contracted for 500 minutes of cell service annually to run their hotline when they started in 2014. They burned through those minutes in the first month.

Had Booth been in another California prison, he might have been able to get help before he was attacked. One rape crisis center — the Women’s Center High Desert East of Bakersfield — has been staffing one of the nation’s longest-running prison rape hotlines and offering counseling services since 2006 for inmates at the nearby California Correctional Institution. The hotline was launched as a pilot project funded by Just Detention International, an NGO that advocates for an end to sexual abuse behind bars.

The center’s experience shows that the existence of PREA doesn’t guarantee cooperation from prison staff. When the group first went into CCI in 2006, prison guards were mostly hostile, CCI rep Karin Stone said — when they were introduced to guards, they’d often turn their backs and walk away. Stone and her staff would put up posters with the hotline number in the prison yard and come back to find them gone. “Prison staff and even inmates viewed us as outsiders,” she said.

So she and her colleagues started bringing the guards fresh-baked cookies and picking up coffee from Starbucks. Stone would tell them about her father and her other relatives who worked in law enforcement. When that rapport was established, guards started calling the center’s main rape crisis hotline about problems in their own families. Gradually, they warmed to the counselors. By a year or two into the pilot, the sergeant who was introducing Stone and her colleagues would start with, “They’re PREA, but they’re cool.”

There’s no easy way to measure the value of offering prisoners a place to call anonymously, but those who run the hotlines said there’s little doubt the service is needed. Given that perpetrators are often guards themselves, asking a prison staffer to connect them to a counselor is no solution. Numbers from Virginia’s Sexual & Domestic Violence Action Alliance, which runs that state’s hotline, show just how common that is. Of 637 calls the alliance has taken in which the caller identified who assaulted or abused them, 458 of those involved a perpetrator who worked for the prison.


THE BUDGET AGREEMENT

By the way, California Governor Jerry Brown and state lawmakers have reached an agreement on the budget for fiscal year 2016-2017, which starts in July.

The Sacramento Bee’s Jim Miller has a helpful rundown on the noteworthy compromises. We at WLA have been following one particular proposed allocation for jail construction. In Brown’s proposed budget, he set aside $250 million for jail building, Advocates urged lawmakers to reject the jail spending, but the new budget actually increased the jail construction funding to $270 million. Here’s a clip:

▪ Affordable housing: Brown and lawmakers have been on the same page to borrow against the state’s 1 percent mental health services tax on millionaires to help build affordable housing for the mentally ill. But neither house embraced Brown’s proposal to limit local government’s land-use authority over proposed developments that include affordable housing. Similarly, neither Brown nor the Senate had signed on to the Assembly plan to spend $650 million on various affordable housing programs.

Negotiations continue on the housing package, with talk of a possible compromise of $400 million in one-time affordable housing money along with the changes sought by Brown.

[SNIP]

▪ Jail construction: Brown’s budget included $250 million from the general fund for local jail construction. But the governor’s proposal found little support from lawmakers. Both the Assembly and Senate wanted to divert the money to other programs, such as mental health and substance abuse treatment, law enforcement training and reducing teen pregnancies.

Thursday’s pact includes $270 million for jail construction, but funded by lease revenue bonds instead of the general fund. The compromise disappointed some criminal-justice advocates. “Really disappointed to see $270 mil in funding for new jail construction,” Natasha Minsker of the ACLU posted on Twitter.

Posted in Public Defender | 2 Comments »

Fresno’s Public Defender Problem…John Oliver on Mandatory Minimum Sentences…and Supes Consider LASD Oversight

July 28th, 2015 by Taylor Walker

ACLU LAWSUIT AGAINST FRESNO SAYS POOR DEFENDANTS GO WITHOUT ADEQUATE LEGAL REPRESENTATION FROM PUBLIC DEFENDERS

The ACLU has filed a lawsuit against the city of Fresno in Northern California over the state of the city’s indigent defense system, which is so underfunded, 60 public defenders take on 400,000 cases per year between them. That’s more than four times the maximum caseload recommendation from the American Bar Association and National Advisory Commission on Criminal Justice Standards and Goals. But this is not a problem unique to Fresno, it’s happening all over the nation, and like many other areas of the criminal justice system in need of reform, it disproportionately affects people of color.

Mother Jones’ Gabrielle Canon has more on the issue. Canon opens with the story of Peter Yepez, one of the plaintiffs in the lawsuit:

After being charged with burglary in 2013, Peter Yepez waited in the Fresno County, California, jail for a month before his assigned public defender came to talk to him. This delay was a sign of what was to come: Between arraignment and sentencing Yepez spent more than a year being shuffled between nine different Fresno County public defenders, who he says told him they did not have time to work his case

By then he’d missed his daughter’s graduation and his young son’s memorial service, and had fallen into depression.

Though he was originally accused of a domestic burglary, during those many months prosecutors added additional charges to his case, alleging that a victim had been present during burglary even though a police report filed at the time of the crime had claimed no one was there. The new allegations would bump his original charge to a violent felony. Still, Yepez’s public defender advised to him to accept all the charges and the punishment that would come—and so he did. Now Yepez’s record reflects a felony conviction.

Read on.


JOHN OLIVER BLASTS MANDITORY MINIMUMS, CALLING FOR REFORM AND RETROACTIVITY

Once again, John Oliver of HBO’s Last Week Tonight is staying on top of important criminal justice issues. We didn’t want you to miss his latest segment about President Obama’s recent commutations and mandatory minimum sentencing for drug offenses. (Oliver is not a fan.) Watch it above.


LA COUNTY SUPES TO CONSIDER LASD CIVILIAN OVERSIGHT COMMISSION

Today, the LA County Board of Supervisors will consider a report from the working group convened to advise the board on what the composition and reach of civilian oversight for the LA County Sheriff’s Department ought look like. (Backstory here.)

We’ll keep you posted on the outcome.

Posted in ACLU, LA County Board of Supervisors, LASD, Public Defender, Sentencing | No Comments »

CA Supremes Rule on Police Privacy v. Defendants’ Rights…The Science of Unfair Justice….The Killingest Prosecutor in the Nation’s Killingest County

July 7th, 2015 by Celeste Fremon

THE CAL SUPREMES PICK STATE LAW OVER CONSTITUTIONAL PROTECTIONS IN A RULING ABOUT WHO CAN ACCESS POLICE PERSONNEL FILES

On Monday, July 6, the California Supreme Court ruled that defense attorneys don’t need any extra help from prosecutors in gaining the limited access that the law allows to the disciplinary records of police officers—even if the prosecutor has firm reasons to believe that the records would likely be of exculpatory value to the defendant.

If that sounds confusing….you have apprehended the situation correctly

Okay, here’s the deal. Monday’s ruling had to do with a San Francisco man, Daryl Lee Johnson, who was charged in November 2012 in a domestic violence case with hitting a girl in the head while they were both in a private home and grabbing her cell phone. (We have no idea if Mr. Johnson is guilty or innocent of the charges. That isn’t the point here.)

As the domestic violence case ground its way through the state’s justice system, San Francisco prosecutors learned from members of the SF police department that the two arresting officers in Johnson’s case, who were quite naturally witnesses for the prosecution, had things in their personnel records that could be helpful to the defense.

In that the landmark 1963 Supreme Court ruling of Brady v. Maryland requires prosecutors to turn over to the defense team anything that could be helpful to their client, in the case of Johnson the prosecutors let the defense know that there might be some stuff in both of the cops’ files that the defense ought to know about.

And….that’s when matters got somewhat complicated.

Under state law, the personnel files of peace officers are protected from prying eyes by the Peace Officers Bill of Rights—or POBR. However, if a defense attorney needs access to a cop’s personnel records because they pertain directly to his client’s defense, he or she can request from a judge the files that pertain exactly to the issue at hand, using what is called a “Pitchess” motion (named after the 1974 California decision of Pitchess v. Superior Court that carved out this legal way to access information located in otherwise confidential peace officer personnel records.) Then it is up to the judge to decide which information, if any, should be provided to the defense.

But in the Johnson case, the defense argued that it didn’t know enough about what might be useful in the two cops’ files to be able to make the narrow cast Pitchess motion that most judges require. So could the prosecutor, under the Brady rule, take a look at the files to see if there was something of relevance in there?

Two lower courts agreed that it would be okay for a prosecutor to look at the police files, and then to turn over to the defense (under Brady rules) anything that might affect the defendant’s case, all subject to protective orders, to also preserve confidentiality.

With me so far?

It helps to know that San Francisco is one of about a dozen California counties that have established committees made up of law enforcement officers who are supposed to review officers’ confidential files in order to tell prosecutors if they contain information that might assist a defendant—things like an officer’s history of false statements, the filing of false police reports, or write ups for excessive force.

Part of the argument in the Johnson case is that it is unealistic to expect the police to be the ones who go fishing through their fellow officers’ confidential files with the same rigor that someone else might. So couldn’t the prosecutors, who are after all an arm of the law, do it as part of their Brady obligation?

Although those two lower courts said yes, the California Supremes said: Actually no. Prosecutors were just as bound by the POBR and the Pitchess rules as anybody else.

(The full ruling may be found here.)

Interestingly, according to Bob Egelko of the San Francisco Chronicle, SF District Attorney George Gascón-–who seems refreshingly to believe that one of the prime duties of his office is to seek justice—told the court prior to their ruling that his office would continue to review the police committee reports and seek disclosure of files no matter how Monday’s case turned out.

UPDATE: The LA Times Editorial Board wrote a strong, smart and extremely sensible editorial on the ruling, which appeared early Tuesday morning. It is titled “A Setback for Due Process,” which unhappily is exactly the case.

Here’s clip from the editorial:

Prosecutors are constitutionally bound to share with criminal defendants any evidence that undermines the credibility of their witnesses, including police officers. But if that evidence is locked up in confidential police personnel files — for example, in disciplinary or complaint records — how can the district attorney find out about it to turn it over?

In a disappointing decision, the California Supreme Court on Monday denied prosecutors direct access to police personnel files and, in so doing, exacerbated the continuing tug-of-war between state statutes that protect officer confidentiality and the due process rights guaranteed to the accused by the 14th Amendment and fleshed out in the landmark 1963 case of Brady vs. Maryland.

Under the ruling, police officials in many California jurisdictions will continue to be virtual gate-keepers of potentially exculpatory evidence, deciding on their own which records rise to the level of so-called Brady material that they must flag for prosecutors (who, in turn, decide whether to share it with the defense).

But the police should not be expected to be their own watchdogs. Last year, an appeals court ruled that the district attorney should be able to look through their files — without first obtaining a court order — to search for evidence of dishonesty, bias, excessive force or other factors that could undermine officers’ credibility. Only after Brady material is found would the prosecutor have to make what is known as a Pitchess motion, seeking court permission to disclose the information.

And here, really, is the heart of the matter:

The lower court ruling seemed a workable balance between Brady and Pitchess and recognized that Brady, after all, interprets a federal constitutional right and should take precedence over state statutory protections.

(The italics are mine.) It is disappointing that the otherwise mostly sensible court was so short sighted.

The LA Times board also wrote an earlier, very informative editorial on this whole topic back in late May when the case was being argued in front of the state’s Supreme Court. So be sure to take a look at that too.


UNFAIR: A SCIENTIFIC LOOK AT HUMAN BIAS AND OTHER ROOTS OF INJUSTICE

Legal scholar Adam Benforado has written a fascinating and important new book called Unfair: The New Science of Criminal Injustice in which he uses findings from psychology and neuroscience to suggests that our criminal justice system is riddled with tragic inequities and wrongful conclusions because of our fundamental misunderstanding of human biases and how our brains work.

On Monday, Benforado was a guest on NPR’s Fresh Air with Dave Davies sitting in for Terry Gross where he explained how, in our flawed justice system “…good people with the best of intentions … can get things terribly, terribly wrong.”

The whole interview is more than worth your while. But here’s a clip to get you started:

DAVIES: There’s a lot of interesting stuff here about how jurors decide who they’re going to believe at trial – prosecutors, witnesses. And a lot of people would not be surprised to find that there are studies that suggest people are more likely to believe a person of their own race. There’s other fascinating stuff. Are attractive people or thin people more likely to – or confident people – more likely to be believed in court?

BENFORADO: Yeah, there is evidence that a lot of physical features play a big role in whether people treats a particular witness as credible or not credible. And that’s worrisome. But I think there’s actually a deeper problem with jurors and that is that the things that we think are determining the outcomes of cases – that is the facts and the law – are often not what determines whether someone is convicted or not convicted, how long a sentence is. What matters most are the particular backgrounds and identities of the jurors.

So I teach criminal law. One of the areas that I teach is rape law, and my casebook takes many pages, discussing all of the different nuances across the different states. And there’s a lot of emphasis on the casebook on the importance of these nuances. It really matters whether we are in a state that recognizes a defense of a reasonably mistaken belief in consent or we’re in a state that doesn’t recognize that particular defense. But when researchers looked into how important the law was to outcomes in, say, a date rape case, what they found was the particular legal nuances didn’t matter at all. What mattered were the backgrounds and experiences of the jurors. What they refer to as cultural cognition. And these subgroups of citizens didn’t break down as expected. It wasn’t that men were far more likely to let the man off in a date rape scenario. It was actually within women that the most interesting break occurred. Women who were older, who were more conservative, who adhere to more traditional gender norms, were far more likely to let the man off in this particular case than women who were liberal and younger. That’s a worry because a lot of what law professors do is emphasize the importance of legal doctrine. It may not be legal doctrine, though, in the criminal law sphere that’s really determining the trajectory of cases.

DAVIES: One of the things we see in court is jurors trying to evaluate whether a witness is testifying truthfully. And they would look for tells, you know, whether the witness appears jittery and whether they shift their eyes a lot or doesn’t make eye contact. And you write that these things – research shows these things really tell us nothing about how truthful someone’s being. In fact, they can mislead us into thinking someone is being truthful when they are not and vice versa. Do the courts encourage jurors to use these, you know, supposedly common sense evaluations of the mannerisms of both defendants and witnesses?

BENFORADO: They absolutely do. And this is one of the real challenges for reform in this area is that it’s not that our legal system just sits back and says nothing about human behavior. It actually weighs in on the side of myth. And so if you’ve ever been a juror and you are called to jury duty, you know that the starting point is this voir dire process where you’re asked a bunch of questions. I was recently called onto jury, although I didn’t make it ultimately onto the jury. And I was asked, you know, these questions of do you have any reason why you would be more or less likely to believe the testimony of a police officer? Now, on the jury pool that I was in, a number of people said yeah, they checked that box. The judge then came up and said, all right, well, let me explain to you what objectivity means. It means that, you know, we all have these feelings, but you’ve just got to put them to the side. Can you do that? Everyone in the jury pool said, yes, of course, judge I can do that. But that’s not how biases work. A lot of them are not subject to introspection and control. And so it’s not just that our legal system is sitting back on the sidelines. It’s actively promoting false notions of human behavior, and that’s really, really damaging…


A PROSECUTOR’S DESIRE FOR REVENGE KILLING IN THE NATION’S MOST DEATH PENALTY-PRONE COUNTY

Caddo Parish, Louisiana, has a population of two hundred and fifty thousand residents. Yet Caddo juries sentence more people to death per capita than juries in any other county in America, writes Rachel Aviv for the New Yorker.

Furthermore, “seventy-seven per cent of those sentenced to death in the past forty years have been black, and nearly half were convicted of killing white victims. A white person has never been sentenced to death for killing a black person.”

Since 2011, Cado prosecutor Dale Cox has been responsible for a third of the death sentences in Louisiana. And he seeks death from a jury, he says, because he believes that vengeance is necessary.

To wit:

Last March, a former colleague of Cox’s published a letter in the Shreveport Times apologizing for causing an innocent black man to spend thirty years on death row. “We are simply incapable of devising a system that can fairly and impartially impose a sentence of death,” he wrote. When a journalist with the paper, Maya Lau, asked Cox for his response, he said that he thought courts should be imposing the death penalty more, not less. “I think we need to kill more people,” he told her. “We’re not considered a society anymore—we’re a jungle.”

Cox does not believe that the death penalty works as a deterrent, but he says that it is justified as revenge. He told me that revenge was a revitalizing force that “brings to us a visceral satisfaction.” He felt that the public’s aversion to the notion had to do with the word itself. “It’s a hard word—it’s like the word ‘hate,’ the word ‘despot,’ the word ‘blood.’ ” He said, “Over time, I have come to the position that revenge is important for society as a whole. We have certain rules that you are expected to abide by, and when you don’t abide by them you have forfeited your right to live among us.”

In her detailed longread story about Cox and his prosecutorial beliefs and style, Aron follows the case of 23-year old Rodricus Crawford whose one-year-old baby, according to Aviv’s reporting, likely died suddenly of pneumonia, not by his father’s hand. By the story’s end, however, rightly or wrongly Crawford has been convicted of murdering his young son and is sentenced to death, with Cox as the prosecutor possessed of formidable Biblical fury, claiming in his closing remarks that Jesus commanded that anyone who killed a child should be killed. Then Cox misquoted Luke 17.2 to prove it.

Here’s how the story opens:

A week after his son turned one, Rodricus Crawford woke up a few minutes before 7 A.M. on the left side of his bed. His son was sleeping on the right side, facing the door. Crawford, who was twenty-three, reached over to wake him up, but the baby didn’t move. He put his ear on his son’s stomach and then began yelling for his mother. “Look at the baby!” he shouted.

Crawford was lanky, with delicate features, high cheekbones, and a patchy goatee. He lived in a small three-bedroom house with his mother, grandmother, uncle, sister, and a younger brother in Mooretown, a neighborhood in Shreveport, Louisiana, bordered by a stretch of factories and next to the airport. His mother, Abbie, a housekeeper at the Quality Inn, rushed into the room and picked up the baby, who was named Roderius, after his father. He looked as if he were asleep, but his forehead felt cool.

Crawford’s uncle called 911, and an operator instructed him to try CPR while they waited for an ambulance. Crawford’s mother and sister took turns pumping the baby’s chest.

“I’m doing it, Ma’am, but he ain’t doing nothing!” Abbie said, out of breath.

The ambulance seemed to be taking too long, so Crawford’s younger brother called 911 on another line. “The baby’s not talking, not breathing, not saying anything,” he said. “Can you get an ambulance?”

They were used to waiting a long time for city services; the alarm could go off at their pastor’s church and ring all night, and the fire department would never come. There was a saying in the neighborhood that the police were never there when you needed them, only when you didn’t. The community was populated almost entirely by black families, many of whom had grown up together. After a few more minutes, Crawford’s brother called 911 again. “We need an ambulance, Ma’am,” he said. “It’s been twenty minutes!”

Not long afterward, another 911 operator called a dispatcher and asked what was happening at the address. “They probably slept on the damn baby,” the dispatcher said. “There’s a hundred folks in that damn house.”

When the ambulance arrived, moments later, Crawford ran out of the house with the baby in his arms. The paramedics put a breathing mask over Roderius’s face, and Crawford thought he saw his son’s eyes open. He tried to climb into the back of the ambulance, but the paramedics shut the doors and told him to stay outside. They couldn’t find a pulse. Roderius’s jaw was stiff and his eyes were milky, a sign that he had been dead for more than an hour. They decided to wait in the ambulance until the police arrived before telling the family….

Read on for the rest of the story that will help you make up your own mind about what you believe happened.

Posted in District Attorney, FBI, How Appealing, law enforcement, Prosecutors, Public Defender | 5 Comments »

Project Fatherhood on Fresh Air, Paul Tanaka’s Defense Move, Bails Lowered in SF, Mass Incarceration’s Slow Death

June 26th, 2015 by Taylor Walker

JORJA LEAP AND “BIG MIKE” SHARE STORIES ABOUT PROJECT FATHERHOOD ON NPR’S FRESH AIR

Filling in for NPR’s Fresh Air host Terry Gross, Dave Davies speaks with Jorja Leap and Mike Cummings about Project Fatherhood, the program through which men from the Jordan Downs housing project (and beyond), meet every week to teach each other, and younger men in the community, how to be fathers.

“Big Mike,” as he is known, tells the story of his journey from getting straight A’s in a private school and getting letters from universities to play football, to drug-dealing and incarceration, and finally to activism and Project Fatherhood.

Leap’s book, Project Fatherhood: A Story of Courage and Healing in One of America’s Toughest Communities (which we wrote about here), came out earlier this month, and she talks about how the program originally got fathers to attend the meetings, about disciplining children and child abuse, and some of the challenges these dads face as they try to improve their lives and their children’s lives.

Here are some highlights from Fresh Air‘s write-up of the interview:

DAVIES: So let’s talk about how this worked. There was an incentive to get people to come to these fatherhood sessions regularly. Who wants to explain how that developed?

CUMMINGS: Well, the incentive is for the fathers to come – actually, it’s a $25 gift card. But the incentive is given to the fathers for them to actually take their son out to either McDonald’s, Burger King or Subway or even to the ice cream parlor so the father would have some change in his pocket to be able to go out and spend the day, you know, at the ice cream parlor or get a hamburger or something and spend time with the kids. So that’s what the incentive was actually meant to be when we first started.

DAVIES: And if I read this right, you had to attend four sessions to get the card, the $25 gift card, right?

CUMMINGS: Yes.

DAVIES: So you wanted some consistency to it.

CUMMINGS: We wanted some consistency to it. They had to attend four of the Project Fatherhoods there to actually receive the card. What we wanted to do is to make sure that they could be consistent, to come if they wanted to use that change there to go out and be able to entertain their kid. It’s not much, but it’s something that they can do to be one-on-one with the kid.

LEAP: And I would add that initially those gift cards were the focus of a lot of interest and attention. But as the group became more and more important, the gift cards almost became incidental. They were part of the program but they – the focus of the men truly shifted.

DAVIES: Now, as you describe it in the book, you addressed some pretty sensitive topics about these men’s lives. One of them, for example, is when and whether it is acceptable to hit their kids. Jorja, you want to tell us some of what you heard from the men.

LEAP: Mike and I are looking at each other and nodding our heads and smiling because that was one of the sessions where I just got hung out to dry. And it was quite a discussion because all of the men began by saying, you know, my mama whooped me and I turned out OK. And there was sort of a moment where I said really because most of them had been incarcerated. Most of them had been involved in criminal activity at some time. And then there was this tremendous breakthrough when one of the men in the group talked about witnessing another child being beaten. And the child was beaten so brutally that he eventually died. And you literally could hear the sound of change happening in the room. And I don’t want to make it sound like it occurred literally overnight because we did a lot of arguing about this issue, but the men slowly changed. And one of them who was the most dug in about it, named Donald James, later came back and talked about not hitting his nephew who he took care of who he really did want to hit.

DAVIES: And, Jorja Leap, you know, you had this background in social science and this point of view about what’s healthy behavior based on research and data. And I’m interested in how you brought that to bear in the conversation. I mean, you know, you can sort of sense – one, you could imagine that here you are, this person with a lot of degrees, telling people in the neighborhood what’s right and they’re coming at you from their own experience.

LEAP: Well, and add on to that that I am mandated to report any instance of child abuse that I hear about; I’m a mandated reporter. So the men in the room also knew that legally I could get them into a lot of trouble, and they were very skittish about talking openly about this. What got to them was not saying it’s bad to hit your children. What got to them was when I talked to them about the statistics that overwhelmingly over 90 percent of the people on death row in the United States of America were victims of child abuse. And these are men that do not want their children to go to prison. They do not want their children to be part of the, you know, the cradle to prison pipeline. And when I said this kind of abuse teaches violence and it’s part of that cradle-to-prison pipeline, because of their love and concern for their children and their children’s futures, that’s how they began to hear the message. It’s not the message of discipline. You know, hitting your child is bad. The message was this is where it might lead.

Be sure to listen to the rest.


FOLLOW THE LEADER: PAUL TANAKA’S “PUBLIC AUTHORITY DEFENSE”

Former LA County Undersheriff Paul Tanaka, indicted on obstruction of justice and other charges, has filed a motion saying he will use a “public authority defense.” Tanaka will assert that he was just following then-Sheriff Lee Baca’s orders to hide an FBI informant inmate from the feds.

Prosecutors have dismissed Tanaka’s move and asked the judge to block the public authority defense, arguing that no law enforcement agent or organization (aside from the feds) can authorize violations of federal law.

LASD-watchers wonder if this move is simply pro forma on the part of Tanaka and his attorneys, or if they believe it might be a workable defense, and if so, whether it will point a legal spotlight on Baca.

KPCC’s Frank Stoltze has more on the issue. Here’s a clip:

“The defendant acted on behalf of order(s) issued by Sheriff Leroy Baca, who was Mr. Tanaka’s ranking superior officer,” the motion states. “Tanaka will assert the defense of actual or believed exercise of public authority.”

[SNIP]

Federal prosecutors are asking the judge to prohibit Tanaka from using a public authority defense.

The argument “fails as a matter of law because no agent of the Los Angeles Sheriff’s Department, not even then-Sheriff Leroy Baca, may authorize an individual to commit a federal crime,” states a motion signed by Stephanie Yonekura, who is the acting United States Attorney in Los Angeles.

“Only a federal agent may authorize a violation of federal law,” the motion states.


SF JUDGES’ DECISION TO LOWER BAIL AMOUNTS TRIGGERS INTENSE DEBATE IN LEGAL CIRCLE

On Wednesday, San Francisco Superior Court judges lowered the county’s bail amounts after finding them to be significantly higher than those in surrounding counties, including Los Angeles.

SF Public Defender Jeff Adachi, who supports the judges’ decision, says it doesn’t make sense to have bails two or three times larger than in other counties.

Critics, however, say lowering bails will mean more pedophiles and violent offenders will be able to post bail, which will lead to higher crime rates. Further, critics, argue that there is no need to change the bail schedule if judges have discretion over bail amounts anyway. For example, judges also have the ability to declare a high-risk rapist a “no-bail” candidate.

As the judges reexamine the bail schedule every year, they will look closely at how (and whether) the crime rates change over the next year.

In WLA’s most recent bail-related post, we pointed to an excellent John Oliver segment on the horrors of the bail system, which disproportionately affects the poor.

The SF Chronicle’s CW Nevius has more on the complex issue. Here’s a clip:

Kevin Ryan, who was the Superior Court’s presiding judge in 1999, says the higher bails were a result of a controversy in the late ’90s, when San Francisco had the lowest bail amounts in the Bay Area. At the time it was suggested that drug dealers, for example, were more likely to sell in San Francisco because it was easier to make bail.

[SNIP]

“It was apparent that the bail schedule here was substantially lower,” Ryan said. “We were experiencing a lot of commuter crime. Say bail (for some felonies) was $15,000 in Alameda and $5,000 here. It was apparent to the judges and law enforcement that we were, in a sense, encouraging people to come to San Francisco and commit crimes.”

With that in mind, and after some contentious city hearings, bail amounts were raised. (It should be noted, however, that higher bails haven’t stopped “commuter crime.” Drug dealers still come to the city from other counties.)

Now there is an effort to bring at least some bail amounts into compliance with nearby counties. Public Defender Jeff Adachi is actively supporting the changes.

“We’ve been complaining for years that the bails are sky-high in San Francisco compared to other counties,” Adachi said. “It’s one reason why the bail laws need to be reformed. It makes no sense that in San Francisco we’ve got bails that are double and triple bails in other counties.”


REASONS FOR STALLED INCARCERATION REDUCTION IN THE US

Rolling Stone’s Tim Dickinson takes a look at reasons why, despite considerable bipartisan efforts, there doesn’t seem to be a whole lot of mass incarceration reduction happening on the national (and even state) level. Here’s how it opens:

In this era of hyperpartisanship, the liberal-libertarian convergence on criminal-justice reform is, frankly, astonishing. Everyone from the Koch brothers to George Soros, from Tea Party Texan Sen. Ted Cruz to Democrat Hillary Clinton are singing from the same hymnal: “Today, far too many young men — and in particular African-American young men . . . find themselves subject to sentences of many decades for relatively minor, nonviolent drug infractions,” Cruz told reporters in February, before implausibly invoking French literature. “We should not live in a world of Les Misérables, where a young man finds his entire future taken away by excessive mandatory minimums.” In one of her first major policy speeches of the 2016 campaign, Clinton decried “inequities” in our system that undermine American ideals of justice and declared, “It is time to end the era of mass incarceration.”

But as unusual as the setup is, the punchline, in Washington, remains the same. Outside of limited executive actions by the Obama administration, durable reform is stymied. Entrenched interests from prosecutors to private prisons remain a roadblock to change. Meaningful bills are tied up by law-and-order ideologues like Senate Judiciary Chairman Chuck Grassley, the 81-year-old who brands his adversaries as belonging to “the leniency industrial complex.”

Progress in the states, meanwhile, is modest at best. “Nobody’s trying to hit home runs,” admits Grover Norquist, the GOP’s anti-tax czar and a leading conservative advocate for reform. “This is all about singles and not yet any doubles.”

Posted in families, Gangs, LASD, Paul Tanaka, Public Defender, Sheriff Lee Baca, War on Drugs | 6 Comments »

Manifesting Justice This Week in Los Angeles

May 4th, 2015 by Taylor Walker

CURTAIN RAISED FOR POP-UP ART EXHIBIT AND CIVIL RIGHTS CONVERSATION SPACE, MANIFEST JUSTICE

As events in Baltimore and elsewhere continue to unreel, on Saturday in Los Angeles, a unique combination pop-up art show and public discussion launched at the Baldwin Hills Theater to promote dialogue about civil rights, social and criminal justice, and activism in order to “build a healthier and more just future.”

The 10-day event, called Manifest Justice, put on by Yosi Sergant of TaskForce PR, along with the California Endowment and Amnesty International, features the work of more than 190 artists, discussions with criminal justice leaders and activists, as well as music, poetry, plays, workshops, and a lot more.

Manifest Justice opened Saturday morning with a Prop 47 Record Change Fair, organized by Californians for Safety and Justice. Attendees with felonies that qualified for reclassification under Prop 47 were offered free legal advice from LA County public defenders and volunteer attorneys, along with help in filling out required court forms. (We’ll have more on the Record Change Fair later this week.)

At 10:00a.m., US Rep. Tony Cardenas (D-Calif.) chaired a community dialogue in which an array of panelists told of their personal experiences with the justice system.

There was, for example, Charity Chandler, a woman who now works as an activist at Anti-Recidivism Coalition (ARC), founded by former film producer Scott Budnick.

Chandler’s first encounter with LA County’s juvenile justice system began in her early teens with a six-month stint in Juvenile Hall for petty theft after she stole a pack of underwear and a t-shirt.

From that point on, Chandler said she went through things “no child should have to experience,” cycling in and out of juvenile detention and foster care.

When she found out she was pregnant at 18 with a little boy, Chandler had to convince herself that she was not worthless. Chandler made a vow to herself, “I refuse to be a statistic, and I refuse to bring a black man into this world…and have him suffer like me and so many countless others.”

That decision sent Chandler down a path of transformation and redemption. Chandler became an advocate, and enrolled in school while she was pregnant. She said she finished graduate school this week.

(For more of Chandler’s story, watch her TEDx talk at Ironwood State Prison.)

Other panelists discussed their efforts toward policy change.

Dr. Paul Song, head of, Courage Campaign, spoke about the importance of funding universal pre-kindergarten as a force against poverty and crime.

Dr. Song pointed to stats indicating that kids in poor communities who didn’t participate in government-funded pre-K were 70% more likely than their peers to get arrested for violent crime by the age of 18, and that career criminals can cost the state as much as $1.3 million.

Song argues that while Governor Jerry Brown is intent on storing surplus budget money in a rainy day fund, “for many communities at risk…it has never stopped raining.”

Another panel member, Winston Peters, an LA County Assistant Public Defender, told his story of transformation. Peters said he focused only on the legal aspects of his cases, until he worked at a now-defunct juvenile center in South Los Angeles where, Peters said, he realized that, while he was a good a lawyer, his young clients faced a list of daunting issues that the law failed to adequately cover, abuse, trauma, and mental illness among them.

Peters also noted that LA’s public defender’s office has made efforts to bridge the gap he witnessed all those years ago, by creating a multidisciplinary approach that includes hiring social workers to team up with the attorneys in the juvenile justice division.

Elsewhere in the Baldwin Theater, a massive cardboard Lady Liberty holds her head in her hands. Across the room, a Ferguson police car has been turned into a garden.

Here are photos of a handful of the art installations on display (but really must be seen in person).

“The Talk,” by Michael D’Antuono:

Jordan Weber:

Yolanda Guerra:

Scheduled for later in the week are workshops, discussions, performing arts, and other not-to-be-missed experiences.

But, if you only choose one day to visit the Manifest Justice exhibit, consider making it Wednesday, May 6. At 6:30p.m., Sybrina Fulton, Trayvon Martin’s mom, and Dr. Robert Ross, head of the California Endowment, will discuss “resilience,” followed by a play from Patrisse Cullors of Dignity and Power Now and #BlackLivesMatter.

There are a ton of other great events and reasons to take in Manifest Justice before it’s over, so check out the website and calendar for yourself.

Note: Watch artist Max Rippon paint overlapping NY Times headlines to create “The True Is a Moment of the False” in the above video.

Posted in American artists, American voices, art and culture, Civil Rights, criminal justice, Foster Care, juvenile justice, prison, Public Defender, racial justice, School to Prison Pipeline | 15 Comments »

LA County’s Proposed Budget…Feds Investigate SF Jail Abuse Allegations…CA Bill to Reduce Drivers License Suspensions…and Criminal Justice Questions for Presidential Candidates

April 14th, 2015 by Taylor Walker

LA COUNTY’S REFORM-MINDED BUDGET PROPOSAL ALLOCATES MORE $$ TO MENTAL HEALTH DIVERSION, JAIL SERVICES, FOSTER CARE

In a press conference Monday morning, the office of LA County interim CEO Sachi Hamai released the 2015-16 budget proposal.

A spokesman for the CEO emphasized that the new budget is focused on “major programatic reforms, with new positions and funding” going toward “improvements in the criminal justice system, child protection, and improvements in health care delivery.”

Out of $26,923 billion, only an additional 10.2 million is going to mental health diversion, but it’s a big step in the right direction. In June, LA County District Attorney Jackie Lacey is expected to present to the Board of Supervisors her task force’s report on creating a comprehensive mental health diversion plan for the county.

An even larger step is the $66.9 million to fund 542 additional child protection positions, in order to lighten social workers’ cases loads, a crucial move in the name of child safety. Over-stressed social workers are more likely to miss things.

Los Angeles Sheriff Jim McDonnell said in a statement that the proposed budget “provides critically needed resources to support ongoing efforts by the Los Angeles Sheriff’s Department (LASD) to ensure the compassionate treatment of inmates in the nation’s largest jail system, while also continuing to develop smarter justice system approaches to those in our community suffering from mental illness.”

Public budget hearings are slated to begin in mid-May.

The LA County Supervisors are also scheduled to vote today on a motion to institute some additional oversight for probation in the form of an audit.


FBI JOINS THE GROUP OF AGENCIES PROBING REPORTS OF SF DEPUTIES FORCING INMATES TO FIGHT AND BETTING ON THEM

The FBI has initiated an investigation into allegations that four San Francisco deputies forced jail inmates to brawl in gladiator-style fights and placed bets on them. SF District Attorney George Gascon, the SF Police Department, and the sheriff’s department have also launched investigations into the matter. (WLA will continue to track this story.)

KQED’s Alex Emslie has the updated story. Here are some clips:

The four deputies named at the center of an independent investigation initiated by [San Francisco Public Defender] Jeff Adachi remain on paid leave, [SF Sheriff Ross] Mirkarimi said. Their names are Scott Neu, Eugene Jones, Clifford Chiba and Evan Staehely. The law firm representing the deputies did not return a call seeking comment.

The federal inquiry officially started April 3. Special Agent Greg Wuthrich said the FBI investigation is at a very early stage.

“Civil rights allegations are definitely huge for the bureau,” Wuthrich said. “These kind of things, we take very seriously.”

[SNIP]

Adachi said in a statement that he is pleased with the FBI’s involvement and commended Mirkarimi for taking the unusual step of inviting the federal probe.

“Eliminating this sort of brutal and sadistic conduct starts by leading an investigation that isn’t tainted by conflict of interest or misplaced loyalty,” Adachi said. “I look forward to a thorough and fair investigation that includes determining whether additional deputies were aware of the abuse and complicit in their silence. To ensure this never happens again, there must be accountability — not only for the perpetrators, but for those who fail to speak up.”


CA BILL WOULD CUT DOWN ON ALL-TOO-COMMON LICENSE SUSPENSIONS FOR NON-VIOLENT TRAFFIC VIOLATIONS

A new bill by CA Sen. Bob Hertzberg (D-Van Nuys) aims to reduce the number of drivers whose licenses are suspended after failing to pay (often exorbitant) fines for non-violent traffic offenses.

SB 405 follows closely behind a report condemning California’s policing-for-profit system as not unlike the situation in Ferguson, MO. In both places, fines pile on top of fines when a driver is unable to pay a ticket, burying the person (often poor to begin with) under a mountain of debt. And often failure to pay these fines results in a suspended license, which prevents the person from driving to a job to earn money to pay the fines. One in six California drivers have had their licenses suspended, and according to a separate report, nearly half of people whose licenses are suspended lose their jobs.

The bill would reinstate drivers licenses lost due to non-violent traffic infractions, as long as the licensee then paid back the debt through the state’s proposed Traffic Amnesty program.

A New Way of Life Reentry Project, the East Bay Community Law Center, the Lawyers’ Committee for Civil Rights, and Legal Services for Prisoners with Children cosponsored the bill.

Here’s a clip from Sen. Hertzberg’s website:

Hertzberg said suspended licenses can trap the working poor in an impossible situation: unable to reinstate their license without gainful employment and unable to access employment without a license.

“This is a Catch 22 that traps people in a cycle of poverty,” Hertzberg said, pointing to a recent New Jersey study that found that when a license was suspended, 42 percent of drivers lost their jobs. Of those, 45 percent were unable to find a new job. Even accounting for those that kept their job, 88 percent of people with suspended licenses reported a reduction in their income.

In California, the number of licenses suspended during an 8-year period from 2006 to 2013 exceeded 4.2 million. In that same timespan, only 71,000 driver licenses were reinstated.

Under existing law, it is virtually impossible for the driver’s license to be restored until all the unpaid fees, fines and assessments are completely paid. This jeopardizes economic stability in the state, limits the available workforce, and forces employers to bear the cost of replacing workers and finding qualified replacement workers with valid licenses.

In addition to trapping many Californians in a cycle of poverty, the sheer number of suspended licenses poses a threat to public safety. Evidence suggests that when people lose a license for reasons unrelated to safety, they take the suspensions less seriously. According to the National Highway Traffic Safety Administration, at least 75 percent of people who have had their licenses suspended just keep driving – often without insurance.


RADLEY BALKO: CRUCIAL CRIMINAL JUSTICE QUESTIONS WE SHOULD ASK ALL PRESIDENTIAL CANDIDATES

The Washington Post’s Radley Balko has a “quick and dirty” list of important criminal justice reform questions for all presidential candidates.

If you are wondering who has thrown their hat in, thus far, the NY Times has a nice little chart (updated as of yesterday, April 13).

Here are four from Balko’s list, but there are … more where these came from:

The Obama administration has made heavy use of the Justice Department’s Civil Rights Division to investigate patterns of abuse and civil rights violations by local police departments. Would you continue this policy in your administration? To what extent is the federal government obligated to step in when local police and prosecutors are either habitually violating or failing to protect the constitutional rights of citizens in their jurisdiction?

[SNIP]

Several media reports, advocacy groups and judicial opinions (including a recent opinion by Judge Alex Kozinski of the U.S. Court of Appeals for the 9th Circuit) have described an epidemic of prosecutor misconduct across the country. Do you believe there is a widespread problem of prosecutor misconduct in America? Do you believe the federal government has a responsibility to address it?

[SNIP]

Do you believe the criminal justice system is infected with institutional racism? I’m not asking you to assess whether individual cops, judges, or prosecutors are racist; I’m asking if you believe there is inherent bias built into the system.

[SNIP]

Do you believe the criminal justice system is infected with institutional racism? I’m not asking you to assess whether individual cops, judges, or prosecutors are racist; I’m asking if you believe there is inherent bias built into the system.


Posted in Board of Supervisors, DCFS, District Attorney, FBI, Foster Care, jail, Jim McDonnell, Juvenile Probation, LA County Board of Supervisors, mental health, Public Defender | No Comments »

Prop 47 Report, Laptops in Lock-up, Prison Rape, and Training Teachers to Identify Abuse

February 26th, 2015 by Taylor Walker

EARLY ASSESSMENT OF PROP 47 IN LA, AND WHERE COUNTY AGENCIES THINK THE $$ SHOULD GO

At a county public safety meeting on Wednesday, LA County interim CEO Sachi Hamai presented a draft report assessing the county’s implementation of Proposition 47. (Prop 47 reduced certain low-level felonies to misdemeanors.)

At the behest of the Board of Supervisors, the CEO’s office worked with other county agencies—District Attorney, Sheriff’s Dept., Courts, Public Defender, and Alternate Public Defender—to pinpoint the programs and efforts that could qualify for and benefit from Prop 47 funding, and to gauge the effects of the legislation, thus far.

Of the state money saved by Prop 47, 65% is to go to mental health and drug programs for criminal justice system-involved people, 25% will be spent on reducing truancy and helping at-risk students, and 10% will go to trauma recovery centers for crime victims. But it is still not clear how that money will get portioned out to counties, or if there will be restrictions on what the counties want to do with their money.

Some of the efforts county agencies flagged as deserving of grant dollars included victim services and restitution, community-based mental health programs for Prop-47ers, urgent care centers, the New Direction diversion pilot program to keep kids in school, and a reentry program for kids in probation camps.

The report says that it is still too early to tell what long-term effects Prop 47 will have in Los Angeles. However, county agencies shared some short-term effects, including courts clogged with people seeking downgrade their felonies, and a fewer number of offenders signing up for mental health and drug rehab programs.

The LA Times’ Abby Sewell and Cindy Chang have more on the report. Here’s a clip:

By the end of January, according to the Sheriff’s Department, the decrease in narcotics arrests was even greater, 48% from a year ago.

Local criminal courts will process between 4,000 and 14,000 applications from pre-trial defendants who were arrested for felonies but can now petition to have their charges changed to misdemeanors, the report said. Another 20,000 applications could come from people currently incarcerated, the report said.

Another category of cases is expected to keep judges, prosecutors and public defenders busy: the people who have already served their time and can now change the felony on their criminal records to a misdemeanor. Those cases could top 300,000 and date back decades.

The report quantifies an expected impact on court-ordered drug and mental health treatment programs: a decrease in enrollment because defendants are no longer threatened with jail time. Sign-ups for the programs decreased from 110 defendants a year ago to 53 in the first three months after Proposition 47 passed.


TECH IN JUVENILE LOCK-UP PART 2: SAN DIEGO INVESTS IN COMPUTERS, TECH EDUCATION FOR KIDS BEHIND BARS

On Tuesday, we shared the first of Adriene Hill’s two stories for NPR’s Marketplace about correctional facilities that have taken meaningful steps toward bringing education up to par for kids behind bars by incorporating educational technology into the curriculum.

Hill’s second story takes place in the San Diego Kearny Mesa Juvenile Detention Facility, where every kid has a laptop to use in class.

In San Diego County, the Office of Education has spent $900,000 on computers and accessories for kids in juvenile corrections facilities. Teachers are being trained on how to use the computers to help teach lessons, and tech instruction is now on the docket. And with the added technology, lessons can be tailored to kids’ individual needs.

Here are some clips from Hill’s second story:

Since July 2013, San Diego County Office of Education has spent nearly $900,000 on computers, printers and software for its secure juvenile facilities. Soon every one of the 200 kids here will have access to a Chromebook in class. All the teachers are being trained to run a digital classroom and add tech to the curriculum.

But getting to this point took more than a big investment. It took a significant culture shift.

“At first, we were a little nervous. I’m not going to lie,” says Mindy McCartney, supervising probation officer, who is charged with keeping the youth here under control.

“Everybody thinks they are going to use [the laptop] as a Frisbee, or attack somebody, or they are going to tag it and break it,” she says. “And it simply hasn’t happened.”

There was also anxiety about turning on the internet, even though there were firewalls and monitoring systems in place.

“We hear ‘internet’ and ‘access’ and we automatically get very paranoid and think the worst-case scenarios,” McCartney says.

But, so far, McCartney says there have not been significant problems. Kids aren’t using laptops as weapons. They’re not sneaking messages to gang members on the outside. In fact, teachers say the technology has made their students here more engaged in what they’re learning. That’s exactly the type of progress experts say the juvenile justice system desperately needs to make.

[SNIP]

In many ways, educational technology is perfectly suited to kids in custody. Students who have committed crimes are constantly being yanked in and out of class. They have court hearings and meetings with probation officers.

“We do have a population that moves around a lot,” says teacher Yolanda Collier. She says when students have their own computers and some lessons are online, they don’t have to fall behind.

Say there are some supplementary stories, an interview…videos…and such, if I want.


TEENAGERS HOUSED WITH ADULTS, PRISON RAPE, AND WHAT MUST HAPPEN BEFORE INMATES ARE SAFE

The Marshall Project’s Maurice Chammah has an excellent longread chronicling the failures of the justice system to protect inmates from rape, and the gaps in the Prison Rape Elimination Act.

Chammah focuses, in particular, on the sexual violence inflicted on vulnerable teenage boys who are placed in adult detention facilities.

Chammah tells the harrowing story of “John Doe 1,” a 17-year-old repeatedly brutalized by adult men in multiple prisons. John’s experiences are all-too-common, especially in states where 16 and 17-year-olds are automatically charged as adults. Here are some clips:

The second time David raped him, John says David held a homemade weapon to his throat. It was a toothbrush, wired up with four or five shaving razors.

The third and fourth times, David just left the weapon on his desk, in clear view, and relied on John’s fear to keep him passive.

Then, one morning around 6 a.m., while out on the yard for recreation, John says he saw David receive a mesh laundry bag from a prisoner he didn’t know. He could see that it contained meat sticks and bags of chips. These kinds of exchanges were common; he figured the other prisoner might be trading the food for the use of his cell as a quiet place for tattooing or some other illicit activity. (Official policy forbade prisoners from visiting other cells, but officers frequently looked the other way.)

That afternoon, John returned to his “house,” as prisoners call their cells, and saw his cellmate’s key—in this prison, every inmate had a key to his own cell—sitting on the desk. His cellmate was in bed. Feeling greasy after his kitchen shift, John started to undress so he could take a shower. As he took off his pants, he saw the mesh bag of food. He looked over and realized the man in the bed was not David. It was the prisoner who had handed over the bag of food. The man rose from the bed, grabbed David’s toothbrush weapon, held it to John’s cheek, and forced him down. This prisoner had a jar of Vaseline, but it did not do much; after he left, John found blood on his clothes.

John says he was raped several more times by both his cellmate and strangers. He was forced to perform oral sex, and he still remembers brushing his teeth twice to get the taste out of his mouth. He never told medical staff about his anal bleeding because he felt embarrassed, though because of a foot injury he was able to get painkillers.

John would later be asked why he did not tell correctional staff, since in theory they could have taken steps to protect him. “I didn’t know what to do,” he said. He assumed the staff knew what was happening. From their station at the end of the hall, the officers would see men going in and out of his cell and they would not intervene. The rapists would put a towel over the cell door’s window, which was not allowed but must have been noticed by officers making their rounds. John says some of the officers would even make jokes, calling him a “fag,” a “girl,” and a “bust-down.”

Two months after his arrival, John finally reached a breaking point. Around 2 p.m. one day, David tried to touch the middle of his back. John pushed his hands away. David forced him up against a locker and wrapped his hands around John’s neck. John wrestled his way out, and emerged from the cell barefoot. Hanging a left, he ran to the guard station, and begged them to assign him to a different cell. He didn’t mention the rapes, only his cellmate’s attempt to choke him. The officers allowed John to grab his few possessions and move down the hall, closer to their station.

His new cellmate was not a predator, but by then John had been tagged as easy prey. Two days after he was moved, another prisoner cornered him in his cell and raped him. It seemed like other prisoners had figured out his schedule—when he would be alone in his cell, or in the shower. He was called a “fuckboy,” a term for the men who are “gay for pay,” trading sex for food or other favors, even though John said he never did.

[SNIP]

It is impossible to know how many of the teenagers sent to adult prisons in recent years have been sexually assaulted, in part because so many of them have been afraid to report. (Rape outside of prison is known to be under-reported, and the same is true within prison walls, especially because prisoners face the possibility of retaliation by both correctional staff and other prisoners.)

Some corrections officials have pointed out that sexual assaults regularly occur in juvenile facilities as well as in adult ones. But many non-violent crimes lead to probation, rather than incarceration, when they’re handled by the juvenile system, and a 1989 study found that prisoners under 18 in adult prisons reported being “sexually attacked” five times more often than their peers in juvenile institutions.


CALIFORNIA TEACHERS WILL NOW BE TRAINED TO IDENTIFY CHILD ABUSE

Thanks to a new state law, California teachers and other school employees are now required to take an online training course on how to identify child abuse and neglect, and how to report it.

KPCC’s Adolfo Guzman-Lopez has more on the issue. Here are some clips:

“Nothing is more important than the safety of our students,” Torlakson said in a written statement. “The new online training lessons will help school employees carry out their responsibilities to protect children and take action if they suspect abuse or neglect.”

[SNIP]

[Stephanie] Papas, who helped create the new two-hour online training, said the course will help employees tell if a child has been hurt from abuse or from an accident, for example.

“We have photos that are examples of, say, a welt that is in the shape of a belt buckle or a slap on a child’s cheek that’s left a hand imprint,” she said.

Posted in Child sexual abuse, District Attorney, juvenile justice, LA County Board of Supervisors, LASD, mental health, prison, Public Defender, Rape | No Comments »

Santa Clara’s Unique Efforts to Keep Kids Out of Adult Court…LASD Civilian Oversight Subpoena Power….School Discipline….and NY’s New Anti-Prison Rape Videos

February 23rd, 2015 by Taylor Walker

SANTA CLARA PROSECUTORS LOOK TO ADVOCATES TO ANALYZE HOW KIDS ARE TRIED

In 2013, the Santa Clara County District Attorney’s office invited a team of advocates and public defenders to evaluate how and why county prosecutors charged teenagers as adults.

Prosecutors sat down with the team and discussed each case in which a kid was sent to adult court. The advocates, all against charging kids as adults for any reason, showed prosecutors where they felt different outcomes could have been achieved.

The goal of the DA’s office is to simultaneously keep kids out of the adult system while still maintaining public safety. This particular effort to increase oversight of how teens are prosecuted is unlike anything else we have seen in the state (and is certainly worth emulating).

The San Jose Mercury’s Mark Gomez has more on Santa Clara’s important program and its significance. Here are some clips:

“It’s very easy to close the books and not account for what you did and why,” said Frankie Guzman, an attorney with the National Center for Youth Law who was one of the advocates invited to review the cases. “I respect the fact this interaction and conversation happened, because it’s not happening anywhere else.”

In the majority of cases in Santa Clara County, prosecutors choose to keep the youth in the juvenile system, where the focus is on rehabilitation.

But in about 18 percent of such cases in Santa Clara County since 2010, prosecutors charged juveniles as adults, often resulting in prison sentences. The decision to bring in youth advocates was made following an internal review in 2013, which revealed that a higher percentage of Latino kids face adult charges than other ethnicities. So the District Attorney’s Office pulled together a team of people from the county public defender’s office and Bay Area youth advocacy groups to scour every single case filed that year. Prosecutors explained each decision, and the team discussed what they might have done differently.

“If we can keep a kid in the juvenile system and still protect public safety, we’re going to make that decision,” said Chris Arriola, supervising deputy district attorney of the juvenile unit. “But sometimes we have to make that decision to take them out. We do not take it lightly.

[SNIP]

In many California counties, the decision to charge a youth as an adult is made by one prosecutor, according to Bay Area youth advocates. District attorneys are not obligated to detail their reasoning for charging a juvenile as an adult — known as “direct file” cases.

In Santa Clara County, a team of four senior prosecutors considers several factors, including the youth’s criminal history, the sophistication and gravity of the offense, the outcome in previous attempts to rehabilitate the youth, and the ability now to rehabilitate the minor in the juvenile justice system. All four prosecutors must agree the youth should be criminally prosecuted as an adult.

Read the rest.


SHOULD THE LASD CIVILIAN OVERSIGHT PANEL HAVE AUTHORITY TO SUBPOENA DEPARTMENT DOCS?

KPCC’s Frank Stoltze takes a look at the hotly-debated issue of whether to equip civilian oversight commission with the power to subpoena documents as part of its oversight of the Los Angeles Sheriff’s Department.

Members of the group planning the new civilian panel have differing opinions, and Sheriff Jim McDonnell is still not too keen on the idea, according to Undersheriff Neal Tyler.

The planning group is slated to present their recommendations to the LA County Board of Supervisors in May.

Here are some clips from Stoltze’s story:

“Its certainly a club should you ever need it,” said Dean Hansell, who chairs the working group which is designing the new oversight panel.

Subpoena power would give the panel the ability to force reluctant Sheriff’s officials to testify before it and to obtain certain documents. It would not give the panel access to personnel records – that would require a change in state law.

[SNIP]

Sheriff Jim McDonnell remains reluctant to support subpoena power, according to interim Undersheriff Neal Tyler. He said change already is underway at the department, which is under federal investigation for civil rights abuses and corruption. There’s no need for “the hammer” of subpoena power after the election of McDonnell, said Tyler, who also sits on the working group.

“We have a hammer right now and its Sheriff Jim McDonnell,” the undersheriff said. He also noted McDonnell is providing Inspector General Max Huntsman broad access to the department.

“We are working so cooperatively with him now that it’s not necessary to codify it,” Tyler said. Huntsman has said he needs still more access to adequately oversee the department, and that subpoena power would help.


WHERE WE ARE WITH SCHOOL DISCIPLINE IN CA

News 10′s Michael Bott and Ty Chandler have good overview of the state of school discipline in California, both the racially disparate use of “willful defiance” suspensions, and the restorative justice alternatives that are starting to reverse some of the damages done to kids of color across the state.

Bott and Chandler’s story includes some interesting videos and an interactive map of willful defiance suspensions at schools in the Bay Area (only one SoCal school is featured). Here’s how it opens:

Teenager Dwayne Powe Jr. got a suspension in eighth grade. He didn’t get into a fight. He wasn’t caught with drugs. He committed no crime.

“I actually was asking for a pencil,” Powe said.

Powe said his class began an exercise and he asked to borrow a pencil from another student. That’s when his teacher told Powe he was being disruptive and made him leave class. Powe tried explaining he had only asked for a pencil, but that only dug his hole deeper, he said.

He was technically suspended for “willful defiance”.

Nearly 200,000 California students who were suspended for willful defiance last year can relate to Powe’s story.

What constitutes willful defiance is somewhat vague, but it generally allows teachers to remove students from the classroom if their behavior is thought to be disruptive or defiant. It’s the most common reason California students were suspended—and students of color are overwhelmingly targeted.

But there is a growing consensus that keeping kids out of the classroom for non-violent behavioral issues has done more harm than good, and students of color are paying the heaviest cost for this policy.


EDSOURCE LAUNCHES NETWORK TO CONTINUE COMBATTING EFFECTS OF HARSH SCHOOL DISCIPLINE

In the 2013-2014 school year in California, expulsions plunged 20%, and suspensions fell 15%.

In an effort to keep those numbers dropping, and to divert kids from the “school-to-prison-pipeline,” Ed Source has assembled the Educators Network for Effective School Discipline, backed by the California Endowment.

The group intends to connect school officials, educators, and others to share and discuss programs and practices (like restorative justice and Positive Behavioral Interventions and Supports) that are successfully keeping kids in class, creating better relationships between kids and teachers, and promoting school safety.

Current chairman of the Educators Network for Effective School Discipline, Carl Cohn (who is also a former school superintendent and former State Board of Education member), has more on the new network and why this issue is so important. Here’s a clip:

Leaders of California public schools are seriously re-examining discipline practices and questioning the value of practices that are ineffective and counterproductive – measures that may put youngsters at greater risk for dropping out and for involvement with the juvenile justice system.

These leaders are listening carefully and responding appropriately to the long-standing accusation in the civil rights and advocacy community that some of our schools are, in fact, “pipelines to prison.” Nothing better represents this point of view than the thousands of students suspended each year for willful defiance, which could include behaviors such as eye rolling, talking loudly or standing in a menacing way….

As a first step toward ending this practice, Gov. Jerry Brown recently signed AB 420, which bans suspending students in the K-3 grades for willful defiance.

In order to sustain this momentum, EdSource has convened the Educators Network for Effective School Discipline, with support from The California Endowment. The idea is to bring together principals, teachers, superintendents and others to look at ways to keep youngsters in school and to share best practices and model programs that are especially effective at accomplishing that goal while also making sure that schools are safer as a result of the effort. It’s not just about bringing the numbers of suspensions and expulsions down; it’s also about creating a school climate that contributes to positive relationships among students and staff.

In our discussions with educators, both Positive Behavioral Interventions and Supports (evidence-based interventions that work) and “restorative justice” (where students are called on to repair the harm caused by bad behavior) have emerged as just two effective routes toward creating a school climate that helps keep kids in school and maintaining a safer school environment overall. Like most ambitious school reforms, issuing directives from district headquarters will probably not yield the best results. These are changes that must be owned by principals, teachers, assistant principals and school counselors – those closest to meting out school discipline.


NEW YORK’S SURPRISING NEW EFFORT TO COMBAT PRISON RAPE

Funded through the Prison Rape Elimination Act, New York state prisons will start showing two new inmate orientation safety videos to educate men and women about how to avoid rape behind bars. The twenty-minute-long videos are directed by T.J. Parsell, who was raped on his first day in prison.

The Marshall Project’s Eli Hager has more on the safety videos. Here’s a clip:

Prisons will show inmates — both male and female — an orientation video offering advice on how to identify, and avoid, sexual predators behind bars….

They will be premiered for the inmates who participated in the filming — at Bedford Hills Correctional Facility for Women, Fishkill Correctional Facility, and Downstate Correctional Facility — then rolled out in prisons across the state.

New York has had an uneven record on prison rape. In 2010, according to PREA surveys, three of the eleven prisons in the U.S. with the most staff-on-inmate sexual violence were in New York…

The orientation videos are an attempt to confront that legacy and to change a prison culture in which sexual assault, and the code of silence surrounding it, remain all too common.

Posted in District Attorney, Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, Public Defender, racial justice, Rape, Restorative Justice, School to Prison Pipeline, Zero Tolerance and School Discipline | No Comments »

Prison Tech, Prez Nominates Deputy Mayor for US Attorney, Disabled in Isolation, Public Defenders’ Unconscious Bias

February 5th, 2015 by Taylor Walker

SMUGGLED CELL PHONES CONNECT PRISONERS WITH THE OUTSIDE WORLD…PLUS SAN QUENTIN’S CODING CLASS

A three part series for Fusion by Kevin Roose and Pendarvis Harshaw explores digital tech issues in the criminal justice system.

Part one takes a look at the seemingly limitless flow of contraband cell phones, which inmates use for everything from to coordinating hunger strikes between prisons, to checking in with loved ones, to recording comedic vine videos. Here are some clips:

A month-long Fusion investigation turned up dozens of social media profiles of inmates currently serving time in several states, many of whom were frequent users of the services in question. Some inmates appeared to be accessing the Internet through proxies – a family member who had the inmate’s Facebook password, for example, and was using the account to relay messages – while other inmates appeared to be accessing the sites directly from their cells.

“Been on lock down for two weeks…going into the third week. Letters would be great. Money would be a blessing. If I have to choke down one more bologna sandwich I think I might snap….,” wrote one Facebook user last October. The user, whose name matches that of a current federal prisoner in West Virginia, appears to have posted to his Facebook profile from two other prisons where he was previously housed.

“Hello everyone, wanted to say hi and let u know I’m currently on an extended lock-down,” wrote another federal inmate, who is serving time for armed robbery at a high-security facility in Texas. “Dont worry I’m nit [sic] in trouble the lock-down is due to a big incident that happened between two gangs at my location,” the inmate wrote….

Other social networks, too, are filled with evidence of contraband activity. One Vine user, who goes by “Acie Bandage,” has posted dozens of six-second videos of himself and his fellow inmates dancing, goofing off, and doing impersonations from their prison cells. (The user wraps a bandage around his face during the videos to disguise his identity — click here to see more of his videos, which are really quite something.)

[SNIP]

Beyond the pragmatic safety issues, there are philosophical questions about the role digital culture should play in the criminal justice system. In 2015, as technology forms the base layer of culture, communication, and education, is it cruel and unusual to cut prisoners off from the entire online universe? What’s the role of technology in rehabilitation? If the purpose of a prison is to restrict an offender’s movement and keep him from causing further harm to the general population, should those restrictions apply just to the physical body? Or should his virtual self be imprisoned, too?

The second story explores the issue of teaching inmates technology in prison, for job seeking purposes, and also so that they can more easily reenter their digitally-connected communities.

Roose and Harshaw focus on Code 7370, a coding program put on by the Last Mile, in partnership with Hack Reactor and the California Prison Industry Authority. While the vocational program at San Quentin State Prison does not directly connect participants to the internet, their completed coursework is tested on an administrator’s computer and projected onto a screen. And although there do not seem to be many pre-release programs to teach inmates the basic tech skills they will need to thrive on the outside, yet, the calls for such training are growing louder. Here’s a clip:

For former inmates, the transition out of prison and into the 21st century can be jarring. Many newly paroled inmates, especially those who served long sentences, have never sent an e-mail, used a smartphone, or filled out an online form. The unfamiliarity of these systems can create hurdles when it comes to mundane tasks, such as buying groceries from the self-checkout aisle at the store or using an electronic subway pass. And when it comes to applying for jobs, small hurdles can turn into huge obstacles.

The post-prison lives of inmates are rarely easy, technology problems or no. 77 percent of ex-convicts are arrested again within a 5 year period of being released, according to a study conducted by the Bureau of Justice. But numerous studies have shown that vocational training and educational opportunities, like those offered by The Last Mile, can help keep ex-inmates from returning to prison. A 2010 study by The Rand Corporation showed that fewer than half of incarcerated people receive academic instruction while behind bars. Those who do receive educational or vocational training, though, are 43 percent less likely to become repeat offenders, and 28 percent more likely to land a job.

One graduate of The Last Mile, Kenyatta Leal, got his first smartphone shortly after being released from San Quentin, where he served the last part of a 19-year sentence for firearms possession. Leal, 46, was no stranger to technology – years before, he’d been given 40 days of isolation in “the hole” as punishment for having a cell phone in prison – but he’d never had a phone capable of downloading apps, streaming music, and sending e-mail. In his new job at RocketSpace, a San Francisco tech co-working space whose founder hired Leal after meeting him in Code 7370, he realized he would need to catch up.

“I didn’t have any tech skills, but I had bust-my-ass skills,” says Leal. “My boss gave me a Galaxy III on my first day, and I took it home, figured out YouTube, and watched, like, four different videos on how to send an e-mail.”


LA DEPUTY MAYOR, EILEEN MAURA DECKER, TAPPED TO BE NEXT US ATTORNEY FOR CENTRAL DISTRICT OF CA

On Wednesday, President Barack Obama nominated Eileen Maura Decker to be US Attorney of California’s Central District. Decker is a former federal prosecutor and currently serves as Los Angeles’ deputy mayor on law enforcement and public safety.

Decker would take the place former US Attorney André Birotte Jr., who was sworn in as the newest judge of the federal District Court in Los Angeles in October.

The Associated Press’ Brian Melley has more on Decker’s nomination and background. Here’s a clip:

Mayor Eric Garcetti credited Decker’s leadership with bringing crime to a historic low in the city, overhauling the fire department and making the city a model for disaster preparedness.

“Our office will miss her work and I will personally miss her, but I am glad that her new position keeps her in the business of keeping L.A. safe,” Garcetti said.

Decker was recommended for the post by Sen. Dianne Feinstein, D-Calif., who said she was highly qualified to work with federal, state and local law enforcement in a region of 19 million people that spans from Orange County to San Luis Obispo and the Inland Empire.

Decker, 54, who earned her undergraduate and law degrees from New York University, started her legal career in private practice in 1990.

She worked as a law clerk for U.S. District Judge Gary L. Taylor for two years, returned to private practice and then became an assistant U.S. attorney in 1995, where she prosecuted cases involving national security, fraud and organized crime. She also has a master’s degree from the Naval Post Graduate School’s Center for Homeland Defense and Security in Monterey.


FED. JUDGE SEZ STOP WAREHOUSING DISABLED CALIFORNIA PRISONERS IN ISOLATION

An Oakland federal judge has ordered California prisons to discontinue sticking disabled inmates in solitary confinement due to lack of space elsewhere in the facility. Judge Claudia Wilken says a number of state prisons are in violation of the Americans with Disabilities Act, but that San Diego’s R.J. Donovan Correctional Facility is the most egregious violator. Wilken is currently hearing a class-action lawsuit against California’s solitary confinement practices.

The LA Times’ Paige St. John has the story. Here’s a clip:

Lawyers for prisoners and the state in 2012 had agreed on a plan to find more suitable housing within the state’s crowded prison system. Even so, Wilken found, prison logs showed 211 disabled inmates had been put in the isolation cells in the past year, spending from one day to one month in the units. Most of those cases were at one prison — R.J. Donovan Correctional Facility in San Diego.

Jeffrey Callison, a spokesman for the corrections department, said the agency was reviewing the court’s order but otherwise did not comment.

Lawyers for Atty. Gen. Kamala Harris, representing the corrections department, argued in court that the problems at the San Diego prison would best be resolved internally by state policy changes.

A corrections department administrator said the housing assignments were temporary as the state copes with unplanned need to move 400 to 600 inmates between prisons every week, some the result of other court orders to relocate prisoners at risk of contracting valley fever or to receive mental health care.


WHEN PUBLIC DEFENDERS GIVE LESS THAN ADEQUATE REPRESENTATION BECAUSE OF THEIR UNCONSCIOUS BIASES

The Sixth Amendment Center’s David Carroll interviews Tigran Eldred, New England Law Professor and former public defender, about what he calls “ethical blindness,” which the prof. says is what happens when well-meaning public defenders are too overloaded to detect when they are giving poor clients subpar representation.

Elgred names three components: confirmation bias—preferring information that validates prior beliefs, motivated reasoning—seeking information that brings preferable answers, and overconfidence bias—misjudging the power to give effective counsel in the face of extreme adversity.

Here’s a clip from the interview:

DC: Okay – let’s try to unpack this for our readers. Are you saying that the demands of excessive caseloads force public defenders into making quick decisions about cases everyday that that they themselves may not be consciously aware of?

TE: That’s basically it. And, the scientific support for this comes from the world of “behavioral ethics.” In particular, three psychological factors are relevant to the excessive caseload discussion. First, we all experience what is known as “confirmation bias.” This is the tendency in all of us to seek out, interpret and remember information in a manner that supports our pre-existing beliefs. The second and related concept is “motivated reasoning.” Not only do we seek to confirm our pre-existing beliefs, but also we do so to reach conclusions that we prefer. Third, because of our general desire to think well of ourselves, we tend to experience an “overconfidence bias,” including the tendency to overestimate our abilities to act competently and ethically when confronted with difficult dilemmas.

All of three of these factors occur unconsciously. We are tricked into believing that our choices are reasoned, even when often they are not. Our brains convince us our quickest decisions are solely the result of conscious and rational deliberation. But all the while we are blissfully unaware of how our pre-existing views, desires and self-conception can influence the judgments and decisions that we make.

DC: So, we need some context here. Can you explain these theories within the specific debate of how public defenders respond to excessive caseloads?

TE: Certainly. I agree with Professor Gross that defenders who have too much work often have only one option: to triage cases. Structurally, they are forced into focusing limited resources on a percentage of cases at the expense of many others – and on those cases that don’t get the same level of focus or resources, you wind up with an assembly line of quick plea dispositions. When this type of triage occurs, the psychological phenomena I have described can be expected to exert significant influence.

For example, by starting with the premise that most cases will need to be disposed of quickly, lawyers will likely engage in confirmatory and motivated reasoning, unconsciously seeking reasons to justify this pre-determined conclusion. This can happen in a number of ways. For example, the lawyer might overestimate the strength of the evidence against the client or underestimate the value of additional investigation. Acts of omission, as Professor Gross notes, can have a profound effect on a case. When the lawyer fails to seek exculpatory material, to interview witnesses or to visit a crime scene – or fails to engage in many other forms of advocacy for a client – the lawyer is essentially confirming the pre-existing belief that no additional work for the client will be helpful.

DC: In studying indigent defense services all across the country, I continually encounter public defenders that tell me that I should not be so dismissive of early resolution courts because they often result in favorable decisions to defendants.

TE: Right, they’re playing the percentages. While in many instances it may be true that the best course of action is a quick plea bargain, it is also true that in many instances it is not. There is a significant chance that the decision to forgo additional work for the client is the product of the type of fast thinking I have described. And then, after the fact the process become self-fulfilling. The lawyer has decided that a quick plea is appropriate without further investigation. So the client is advised to take the plea quickly and the lawyer, laboring under the illusion that the decision was solely the product of rational deliberation, remains convinced of the propriety of the decision — unaware of the subtle psychological forces that conspire to influence the lawyer’s behavior.

Tilgard goes on to explain how to reform indigent defense in a way that will effectively combat these unconscious biases:

TE: This is where the latest post by Mr. Vitale is so critical to the discussion. He suggests that indigent defense reform must occur on three fronts: system-building, public advocacy and culture change. I agree all three are critical to overcoming ethical blindness. Public defenders must work in systems that insulate them from undue political and judicial interference. Without structural independence there is little hope that public defenders can overcome these issues alone.

Posted in CDCR, Obama, prison policy, Public Defender, Reentry, solitary, U.S. Attorney | 1 Comment »

Jumpstarting Foster Care Reform, Kamala Harris’ New Initiative, the NYPD Protest, Indigent Defense, and Homeboy

January 5th, 2015 by Taylor Walker

NEW LA COUNTY SUPERVISORS MAY RESUSCITATE DCFS REFORM PUSH

The two recently-elected LA County Supervisors, Sheila Kuehl and Hilda Solis, help form a new majority focused on implementing foster care reforms recommended by a blue ribbon panel last April. Two critical reforms in particular have hit a wall after the approval of all 42 recommendations last year: the creation of a child welfare czar, and boosting the use of county “Medical Hub” clinics that provide medical and mental health screenings for foster kids as a means of detecting abuse and neglect.

Kuehl and Solis, joined by Supervisor Don Knabe, are also in favor of hiring more social workers to offset current DCFS workers’ unmanageable caseloads.

Supervisor Mark Ridley-Thomas says he hopes the arrival of the two new supervisors will rebuild the board’s lost momentum.

The LA Times’ Garrett Therolf has more on the issue. Here’s a clip:

The board majority said they want to look again at recommendations made by a blue-ribbon commission that includes proposals to expand the use of county clinics for medical assessments of abused and neglected children and to appoint a child-welfare “czar” to coordinate services across departmental lines.

They are even considering going beyond the commission’s recommendations to significantly increase the number of social workers and finally erase long-standing disparities in the quality of service provided in different regions of the county. Although the supervisors say they won’t commit to a specific hiring target, their deliberations will occur at the same time the social workers union is pushing to hire 450 more staffers in 2015 — a proposal that would cost $60 million.

Recently elected Supervisors Sheila Kuehl and Hilda Solis are among those saying the additional hiring must be reconsidered. Their predecessors, reluctant to add new costs, had argued that the Department of Children and Family Services needed only to better use the roughly 7,500 employees and $1.5-billion budget it already has.

“I’ve said all along that the caseloads are so high that it is virtually impossible for social workers to say that they’ve investigated nearly every possibility in a child’s case,” Kuehl said.

Kuehl and Solis, who campaigned with financial support from the social workers union, have joined hold-over Supervisor Mark Ridley-Thomas to call for a fresh review of dozens of recommendations introduced a year ago by a blue-ribbon commission appointed in the aftermath of the beating death of 8-year-old Gabriel Fernandez…

In recent interviews, Supervisor Don Knabe joined Kuehl and Solis to say the county should consider adding more social workers. Ridley-Thomas and Supervisor Michael D. Antonovich declined to state their positions on new hiring, but aides to Antonovich said he would be willing to examine the proposal.

“Los Angeles County social workers have caseloads that are among the highest in the nation; they need our support,” Solis said. “We need to look at how they’re deployed, trained, supervised and equipped. Hiring more social workers is one of the options that needs to be in the mix for consideration.”

AND WHILE WE’RE ON THE SUBJECT OF PROTECTING KIDS…

On Monday, California Attorney General Kamala Harris is expected to announce the creation of a new state Department of Justice bureau to combat crimes against kids. The new bureau will target the exploitation of foster kids, child sex trafficking, child labor, as well as truancy.

AP’s Don Thompson has more on Harris’ initiative. Here’s a clip:

She plans to announce during her swearing-in Monday that she is creating a bureau within the state Department of Justice that will focus on crimes against children.

Some of its work will expand on priorities during Harris’ first four years, including deterring school truancy and the trafficking of young women for sex, domestic labor or sweat shops.

The bureau also will tackle what Harris says are “tragically flawed” foster care and adoption systems and fight discrimination in schools, such as bullying.

“In the coming term, we’re going to double down. We’re going to use the power of this office to lift up the next generation of Californians,” Harris said in remarks prepared for her inauguration speech. She added later that, “We can’t keep letting down our most vulnerable children today, then lock them up tomorrow and expect a different outcome next week.”


A DIFFERENT TAKE ON THE NYPD PROTEST AND ITS IMPLICATIONS

Protesting Mayor Bill de Blasio’s alleged disloyalty to law enforcement, the New York Police Department slowed down work considerably, ticketing and arresting people “only when they have to.” Because of cops’ refusal to make arrests or hand out tickets for minor infractions, parking and traffic violations dropped 92% and 94% respectively, summonses went down 94% and overall arrests dropped a whopping 66%.

The Rolling Stone’s Matt Taibbi has an interesting alternate take on the NYPD’s “work stoppage.” Taibbi says that while not the aim of the NYPD officers, the protest has put a spotlight on the police-citizen interactions—costly tickets, summonses, and arrests for quality-of-life offenses—that inflame communities and pad the city’s pockets. Here are some clips:

First, it shines a light on the use of police officers to make up for tax shortfalls using ticket and citation revenue. Then there’s the related (and significantly more important) issue of forcing police to make thousands of arrests and issue hundreds of thousands of summonses when they don’t “have to.”

It’s incredibly ironic that the police have chosen to abandon quality-of-life actions like public urination tickets and open-container violations, because it’s precisely these types of interactions that are at the heart of the Broken Windows polices that so infuriate residents of so-called “hot spot” neighborhoods.

[SNIP]

I’ve met more than a few police in the last few years who’ve complained vigorously about things like the “empty the pad” policies in some precincts, where officers were/are told by superiors to fill predetermined summons quotas every month.

It would be amazing if this NYPD protest somehow brought parties on all sides to a place where we could all agree that policing should just go back to a policy of officers arresting people “when they have to.”

Because it’s wrong to put law enforcement in the position of having to make up for budget shortfalls with parking tickets, and it’s even more wrong to ask its officers to soak already cash-strapped residents of hot spot neighborhoods with mountains of summonses as part of a some stats-based crime-reduction strategy.


FOUR CRITICAL THINGS THE INCOMING US ATTORNEY GENERAL MUST KNOW ABOUT THE STATE OF INDIGENT DEFENSE

Across the country, poor defendants guaranteed public legal counsel, receive a less than adequate defense—sometimes, no defense at all.

Current US Attorney General Eric Holder has made considerable efforts to reform the indigent defense system, increasing funding and grants for public counsel, holding a 50-state symposium, and creating the Access to Justice initiative.

The Marshall Project’s David Carroll applauds Holder’s efforts, but says that more must be done by the next Attorney General.

Carroll shares four specific things the next AG must know to accomplish lasting change. Here are the first two:

#1. The public defense community does not need to hear from you … judges do.

Though the speeches of Attorney General Holder and the other high-level DOJ officials define the problems perfectly in speech after speech, the DOJ most often talks about the crisis before the public defense community or at indigent defense summits hosted by groups like the American Bar Association. Those organizations and communities already know that the right to counsel is eroding in America. Judges do not.

The most prevalent manner for delivering indigent defense services in the United States is for a private attorney to handle an unlimited number of cases for a single flat fee, under contract to the judge presiding over the lawyer’s cases. (We estimate flat fee contracts are used in 64 percent of all counties). Generally, all trial expenses (experts, investigators, etc.) must be paid out of the same flat fee, meaning the lawyer’s take-home pay is depleted for seeking outside assistance. When judges are allowed to hand-select defense counsel in this manner, the judiciary is interfering with a lawyer’s ability to make independent decisions.

Judges need to hear that the independence of the defense function is not just a good idea – it is the law. The U.S. Supreme Court has stated that “independence of counsel” is “constitutionally protected,” and that “[g]overnment violates the right to effective assistance when it interferes in certain ways with the ability of counsel to make independent decisions about how to conduct the defense.” A lawyer operating under a flat fee contract to a judge necessarily takes into his consideration what must be done to please the court in order to get his next contract, instead of operating solely in the interests of his client. Judges must stop flat-fee contracting and hand-selecting attorneys, and the next Attorney General needs to be the one leading the call.

#2. The public defense community does not need to hear from you … prosecutors do.

Most people may be shocked to know that tens of thousands of poor people are convicted, and serve jail time, every year without ever having spoken to a criminal defense attorney. Every single one of those defendants had a right to a public lawyer, but in many of those courts, there may not even have been a defense lawyer in the courtroom. The Sixth Amendment Center calls them “no counsel courts”…

Read the rest.


THE LA TIMES’ STEVE LOPEZ VISITS HOMEBOY INDUSTRIES

In his column, the LA Times’ Steve Lopez introduces us to Rudy Martinez, a security guard for Homeboy Industries, who, after spending the majority of his adult years in lock-up, found his way to Father Greg Boyle and Homeboy Ind., and a new perspective on life.

Lopez also tells of how it came about that Father Greg agreed to meet Sister Mary Scullion of Project HOME in Philadelphia for Pope Francis’ upcoming visit, in hope of engaging the Pope in mutual projects to change the world.

Here’s a clip from Rudy’s story:

“When I first went to county jail, it was like an accomplishment. Yeah, a badge of honor. And then I made it to the Big House,” said Martinez, who figures he’s spent more than half his adult life behind bars. And at a certain point, he began to wise up a little.

“It was 2012, I was sitting in my cell in Susanville, looking out the window, thinking about my future,” Martinez said.

And what did you see, I asked him.

“Emptiness. I had this moment of clarity, and I said, ‘Rudy, is this what you want to do with your life?’”

His answer was no. But he wasn’t out long before he got nabbed for driving without a license. There he was again, caged up and down on himself. And he decided the first thing he was going to do when he got out was go see this Father Greg guy he’d heard about. He’ll hook you up with a job, Martinez was told. That was the word.

“I came here not knowing what it was about,” said Martinez, who soon found that jobs are not handed out like candy canes. They’d give you an opportunity, yes. But you had to decide you were ready to make big changes and stay committed for 18 months.

Martinez is 14 months into it, determined to make it the rest of the way, stay out of trouble after that and go to work somewhere, preferably at Homeboy.

“I started going to classes,” he said. “Anger management, substance abuse, parenting, therapy. At first I was going to them because I had to go to them. But as time when on, I started going because I wanted to go and because it was making me feel better inside.

“There was a moment when I realized this was life. It’s spending time with family, being a productive member of society, paying taxes, pushing your kid on a swing.”

Posted in DCFS, Department of Justice, Foster Care, Homeboy Industries, LA County Board of Supervisors, Prosecutors, Public Defender | No Comments »

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