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LA County Supes Say YES to Civilian Commission to Oversee Sheriff’s Department (Updated)…Convictions That Aren’t…Racial Inequity….Bad School Data…& Torture

December 10th, 2014 by Celeste Fremon


With a 3-2 vote, the LA County Board of Supervisors passed the motion introduced by Supervisors Mark Ridley-Thomas and Hilda Solis
to create a civilian commission to oversee the Los Angeles Sheriff’s Department. Supervisor Sheila Kuehl was the third, and very emphatic vote in favor of the oversight commission’s creation.

Ridley-Thomas first proposed a civilian oversight body back in the fall of 2012, after the Citizens Commission on Jail Violence delivered their highly critical report on the brutal conditions in the LA County jail system and the LASD leadership that the CCJV said allowed such conditions to continue to exist year after year.

Until now, the votes were not there for the idea. But following the arrival on the board of Solis and Kuehl, all at once a majority was onboard for a civilian commission.

“The people of Los Angeles have demanded a new day by electing a new sheriff,” said Solis. “…Under the new leadership, we have a chance to restore trust in the county. This is not just a morally right answer,” she added, “it is fiscally prudent. Taxpayer money spent defending lawsuits is money that can’t go to improving the lives of our constituents….”

Supervisor Mike Antonovich disagreed. “The darkest days within the sheriff’s department in recent experience…,” he said, came about “during a time when it had the most amount of external oversight.” Then he ticked off the oversight entities of the recent past: the Office of Independent Review, Special Counsel Merrick Bobb, the county ombudsman, and the court-ordered jail monitors of the ACLU. Thus Antonovich favored “a single watchdog entity” that would “streamline and strengthen civilian oversight”—namely the inspector general.

Tuesday’s vote took place just a little after the 1 pm hour, after a long and impassioned segment of public comment. Prior to the vote, LASD Undersheriff Neal Tyler read a letter from Sheriff Jim McDonnell giving strong support to the motion. The letter said, among other things that “… partnerships with our community should be embraced, not feared.”(At the time of the vote, McDonnell was at a long-scheduled meeting of the California State Sheriff’s Association.)

Interestingly, LASD Inspector General Max Huntsman also spoke positively about the idea of community oversight.

In the end, the motion to create the civilian commission was divided into three parts. Part one was the approval of the civilian oversight body. Part two was to cause the creation of a working group to hash out what the new commission would look like, what its mandate and its powers would be, and so on. And part three was the request of a report from County Counsel having to do with issues such as the correct legal language necessary to create the civilian group.

This partitioning of the motion was at the suggestion of Supervisor Mike Antonovich who wanted to vote for the working group, and the County Counsel’s report, but against the commission.

Bottom line: The creation of a civilian oversight body passed 3-2, with Antonovich and Supervisor Don Knabe both voting no—at least for the time being. The creation of the working group, solely, passed with a unanimous vote, as did the request for a report from the county’s lawyers.

And so it was that, after more than two years of discussion, civilian oversight of the county’s long-troubled sheriff’s department will soon be a reality.


THE DEVIL & THE DETAILS

The devil will, of course, be in the details.

Among those devils and details will be the make-up of the commission, the degree of access it will have to LASD information and what, if any, legal power it will have.

In his letter to the board of supervisors, Sheriff McDonnell was actually quite specific in his suggestions as to what kind of commission members he envisioned, and how many commissioners there ought to be. (He figured 7 to 9 commissioners, to be exact.)

As to whom they ought to be, McDonnell thought the commission should made up of volunteers, not paid employees. They should be “…highly regarded and esteemed members of the community, committed to public service on this body in an unpaid and part-time capacity (similar to how CCJV functioned). The structure should also include not simply individuals appointed by the Board of Supervisors, but also others selected by other appointing authorities….”

When IG Huntsman spoke he also had a number of suggestions. He stressed that, if oversight was to mean anything, it was essential that he and, by extension any commission he reported to, must have maximum access to information.

“I used to be an attack dog,” he said. “Now I’ve been asked to be a watchdog. If you buy a watchdog, they are only worth it if they come into your house. If you keep them in the backyard, then the burglars can come in the front door. A watchdog can’t watch what they can’t enter and be a part of. So transparency means complete access…”

Huntsman said it was his understanding that there was a way to accomplish this access and still respect the restrictions of the Peace Officers Bill of Rights.

As for the question of whether or not the soon-to-be created civilian commission could or should have any legal power, Huntsman was unconcerned.

“There are lots of commissions that have legal authority,” he said, “and those who don’t have legal authority, and that doesn’t really control how effective they are.” A commission’s effectiveness had more to do about “whether or not what they have to say is welcomed by the department, whether or not the department interacts with them, and whether or not they speak in a language the department understands.”



AND IN OTHER NEWS….

NEVER CONVICTED OF A CRIME BUT HELD BACK BY A CRIMINAL RECORD

It’s bad enough that significant percentages of job-seeking Americans are hampered in finding employment for which they are otherwise qualified by criminal records. This story by Brendan Lynch writing for TalkPoverty tells how yet another slice of U.S. job hunters faces the same barriers even without criminal convictions.

Here’s how the story opens:

Tyrae T. and N.R. needed what any thirtysomething American without regular income needs: a well-paying job. They were both ready and eager for work, yet both were turned down for numerous entry-level positions they were qualified for. The reason? Criminal records. Tyrae and N.R. have never been convicted of any crimes, but they face a problem that afflicts millions of low-income Americans: arrests without conviction that are improperly used as grounds to deny employment.

Job applicants with criminal records, especially men of color, face a high hurdle to employment. Studies have shown that black men without criminal records get callbacks for job interviews at rates below those of white men with criminal records; and for a black man with a record, the callback rate is almost negligible.

Arrests that never led to conviction shouldn’t affect employment—innocent until proven guilty is a fundamental principle of American justice, after all. Because there is a presumption that arrests without convictions don’t hinder employment opportunities, this issue has received far less media and political attention than the employment obstacles created by past convictions. But the fact is that when it comes to getting jobs, a mere arrest can be just as bad as a conviction for millions of people like Tyrae and N.R.

Many companies conduct pre-employment background checks using FBI rap sheets, which are notoriously hard to read: employers often can’t discern whether the charges resulted in conviction, were withdrawn, or dismissed.

State-level databases can be equally confusing. In Pennsylvania, if an item turns up when an employer runs a background check through the state police, the system immediately responds with a generic code, indicating that details will follow within four weeks. If someone only has arrests on his record, the report eventually comes up clean, but many employers won’t wait that long for the clarification—they simply move on to the next job applicant.


…CORY BOOKER SPEAKS TO FELLOW U.S. SENATORS ABOUT BIAS IN THE CRIMINAL JUSTICE SYSTEM

“Enough lamentation, when will there be legislation?” asked New Jersey Senator Cory Booker when he spoke before Senator Richard Durbin’s Tuesday hearing on the State of Civil Rights & Human Rights. It’s strong stuff, filled with both passion and common sense. And Booker bolstered his points with plenty of statistics.

Take a look.


MORE BAD NEWS ABOUT LAUSD’S MALFUNCTIONING SOFTWARE SYSTEM THAT SCREWED UP STUDENTS’ SCHEDULES

Recently we wrote about the restraining order an angry judge slapped on California Department of Education head, Tom Toriakson, to force Toriakson and LAUSD to come up with a plan to fix a disastrous tangle of problems with the district’s student data system. It seems the data snarl had somehow resulted in many students at Jefferson, Dorsey and Fremont High Schools losing more than a month’s worth of class time, and other students’ transcripts being comprised as college application deadlines rolled around.

So is the system fixed yet? Uh, no. Even more alarming, the cost of repairing the mess has, thus far, cost three times what the district initially spent to set up the data system.

Annie Gilbertson of KPCC has the story-–and it ain’t pretty.

Here’s a clip:

The Los Angeles Unified School District board approved another $12 million Tuesday to fix the student data system that failed to schedule classes, take attendance and track students with special needs beginning last fall.

Under the new plan, the district will spend up to $2 million per week from Jan. 1 to Feb. 15 to have technology companies, including Microsoft, debug the system, stabilize servers, and expand use of the system known as MiSiS at charter schools, among other tasks.

The money will also pay for oversight of the work by an outside party and expansion of the help desk.

The new spending brings the total cost of the software system to $45.5 million, three times as much as was initially invested in it.

When the six weeks are up, the board will be presented with another, pricier spending plan for MiSiS improvements. Earlier estimates submitted to the school construction bond oversight committee showed the price of addressing the system’s problems could double to about $85 million….


A FEW WORDS ON THE TORTURE REPORT

We don’t normally report on issues—even criminal justice issues—that occur beyond U.S. borders, because they are too far outside our California-centric mandate.

But we cannot fail to acknowledge—however briefly—the release of what is being called the “torture report,” the Senate’s long awaited report on C.I.A. torture during the Bush Administration released Tuesday. It has too many implications about criminal justice issues we do write about.

This week’s revealations are so dispiriting that a lot of the writing about the report that we’ve read in the last 24 hours has sort of a stunned eloquence, like this opening of Tuesday’s story by the New Yorker’s Amy Davidson.

There is a tape recording somewhere, unless the Central Intelligence Agency has destroyed it, that captures the sound of a man named Nazar Ali crying. He was a prisoner in a secret C.I.A. prison, in a foreign country where terrorists were supposed to be interrogated. But Nazar Ali, whom a Senate Select Intelligence Committee report, part of which was released on Tuesday, suggests has a developmental disability—it quotes an assessment of him as “intellectually challenged”—was no sophisticated Al Qaeda operative. It is not even clear, from what’s been released of the report, that his interrogation was an attempt to gain information, or indeed that he was properly interrogated at all. According to the report, his “C.I.A. detention was used solely as leverage to get a family member to provide information.” A footnote later in the report, where his name appears, explains that Nazar Ali’s “taped crying was used as leverage against his family member.” Left unexplained is what the American operatives did to make this man cry. Did they plan ahead, preparing recording equipment and proddings, or did they just, from their perspective, get lucky?

That audio may be long erased or destroyed, as ninety-two videotapes documenting waterboarding were. The unauthorized running of those videotapes through an industrial shredder, in 2004, put in motion the production of the Senate report. (The Washington Post has a graphic guide to its twenty key findings.) It took nine years and cost forty million dollars, largely because the C.I.A. and its allies pushed back, complaining about unfairness and, finally, warning darkly that Americans would die if the world knew what Americans had done. Senate Republicans eventually withdrew their staff support. The Obama Administration has largely enabled this obstruction. The opponents of accountability nearly succeeded. In another month, a Republican majority takes control in the Senate, and they might have buried the report for another decade, or forever. As it is, only a fraction has been released—the five-hundred-page executive summary of a sixty-seven-hundred-page report—and it is shamefully redacted. But there are things the redactions can’t hide, including that the C.I.A. and the Bush Administration lied, in ways large and small. One telling example has to do with the number of people held in the secret C.I.A. prisons. General Michael Hayden, as director of the C.I.A., regularly said that the number was “fewer than a hundred.” By that, he meant ninety-eight—and, when he was informed by others in the Agency that there were at least a hundred and twelve, “possibly more,” he insisted that they keep using the number ninety-eight. The report released today lists the number, for the first time, as a hundred and nineteen. Of those, twenty-six were held wrongly—that is the C.I.A.’s own assessment; the number may be greater—either because there was no real evidence against them or because of outright Hitchcockian cases of mistaken identity. There’s a footnote where the report mentions the twenty-six who “did not meet the standards for detention.” Footnote 32, the same one that outlines the motives for holding Nazar Ali, has a devastating litany, starting with “Abu Hudhaifa, who was subjected to ice water baths and 66 hours of standing sleep deprivation before being released because the CIA discovered he was likely not the person he was believed to be…”

There’s lots more in Davidson’s story, in the New Yorker in general, and, of course, in every other mainstream publication.

Posted in Board of Supervisors, Civil Rights, criminal justice, Education, Inspector General, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, LAUSD, Los Angeles County, race, race and class, racial justice, torture | 14 Comments »

Cop Not Indicted in Chokehold Death, LAPD Chief Blames Officers in Shooting of Unarmed Man, No More DNA Swabs for Felony Arrests, and Undermining PREA

December 4th, 2014 by Taylor Walker

GRAND JURY DOES NOT INDICT NYPD OFFICER IN CHOKEHOLD HOMICIDE OF ERIC GARNER

On Wednesday, a Staten Island grand jury decided not to indict Daniel Pantaleo, a plainclothes NY police officer whose prohibited chokehold on an unarmed man, Eric Garner, proved fatal.

Garner was stopped by officers on suspicion of selling untaxed cigarettes. A video of the incident, shows Garner, a 43-year-old black father of six, telling officers over and over that he can’t breath while being held down by officers. And the city medical examiner’s autopsy found Garner’s death to be a homicide, with the chokehold as the main cause of death.

Wednesday evening, the Department of Justice announced that it would launch a separate federal investigation into Garner’s death.

The NY Times’ J. David Goodman and Al Baker have the story. Here are some clips:

The fatal encounter in July was captured on videos seen around the world. But after viewing the footage and hearing from witnesses, including the officer who used the chokehold, the jurors deliberated for less than day before deciding that there was not enough evidence to go forward with charges against the officer, Daniel Pantaleo, 29, in the death of the man, Eric Garner, 43.

Officer Pantaleo appeared before the grand jury on Nov. 21, testifying that he did not intend to choke Mr. Garner. He described the maneuver as a wrestling move, adding that he never thought Mr. Garner was in mortal danger.

After the news from Staten Island, a wave of elected officials renewed calls for Justice Department intervention, saying the grand jury’s finding proved that justice could only be found in the federal courts.

On the streets of the city, from Tompkinsville to Times Square, many expressed their outrage with some of the last words Mr. Garner uttered before being wrestled to the ground: “This stops today,” people chanted. “I can’t breathe,” others shouted.

While hundreds of demonstrators took to the streets in Manhattan as well as in Washington and other cities, the police in New York reported relatively few arrests, a stark contrast to the riots that unfolded in Ferguson in the hours after the grand jury decision was announced in the Brown case.

[SNIP]

The officer targeted by the Staten Island grand jury said in statement that he felt “very bad about the death of Mr. Garner,” just as he told 23 panelists of the grand jury when he testified before them for two hours on Nov. 21.

During the proceedings, jurors were shown three videos of the encounter and in his testimony Officer Pantaleo sought to characterize his actions in tackling Mr. Garner not as a chokehold, but as a maneuver taught at the Police Academy. He said that while holding onto Mr. Garner, he felt fear that they would crash through a plate glass storefront as they tumbled to the ground, said Stuart London, his lawyer. One of the officer’s arms went around Mr. Garner’s throat, as Mr. Garner repeatedly said, “I can’t breathe, I can’t breathe.”


LAPD CHIEF SAYS OFFICER SHOOTING OF UNARMED MAN AFTER CHASE VIOLATED DEPT. RULES

Back in California, LAPD Chief Charlie Beck says three officers’ fatal shooting of an unarmed man after a car chase was in violation of department policy. Officers opened fire after Brian Newt Beaird, a National Guard veteran, had turned away from them. The officers said they feared for their lives when they shot Beaird, but Chief Beck says the evidence suggests otherwise.

Now, Beck must decide if he is going to punish the officers (and if so, what level of punishment to hand out), or if their actions warrant firing them from the department.

The LA Times’ Joel Rubin has the story. Here’s a clip:

Although the details of their recollections differed, each officer told investigators essentially the same thing: He shot at Beaird because he thought Beaird was armed with a gun.

One officer, who fired eight rounds, said he believed Beaird was actually shooting at police. In a detailed account of Beaird’s movements, the officer said Beaird had reached under his shirt and seemed to be pointing an object back at the officers from beneath his clothing. That, coupled with the sound of gunshots, led the officer to conclude Beaird was shooting, according to the report.

Beck, however, found “the evidence and actual actions of the suspect” contradicted the officer’s account.

The other two officers both said they saw Beaird reach for his waistband and make “a jerking motion.” Fearing that he had grabbed a gun, the officers fired, the report said.

In judging the officers, Beck said he took into account that they went into the encounter knowing Beaird was seen reaching for an unknown object during the pursuit. He also highlighted the chaos of the scene, including a geyser of water from a broken hydrant and the din of helicopters.

Although the officers had only seconds to act in the difficult conditions, Beck ultimately found their decision to shoot was unreasonable. “Each officer is accountable for their own use of force,” he wrote.


APPEALS COURT SAYS DNA SWABS AFTER FELONY ARRESTS VIOLATE STATE CONSTITUTION

In a 3-0 ruling, the SF First Court of Appeal has struck down a California law requires DNA cheek swabbing of anyone arrested on suspicion of committing a felony. A related Maryland law upheld by the US Supreme Court mandates swabbing only once a person is charged with a serious felony. And unlike in California, the DNA info is removed from the database in the case of an acquittal or dropped charges.

Bob Egelko has more on the ruling for the SF Gate. Here’s a clip:

The First Court of Appeal in San Francisco had struck down the same law in 2011, but California’s high court ordered it to reconsider the case after the U.S. Supreme Court in June 2013 upheld a Maryland law requiring DNA samples from anyone charged with a serious felony. The majority in that 5-4 ruling said swabbing a suspect’s cheek for genetic material was a “minor intrusion” that served the same identification purposes as fingerprints, the argument Attorney General Kamala Harris also used to defend the California law.

But in Wednesday’s ruling, the appeals court said DNA samples, containing “the most personal and confidential information a person can possess,” are not used to identify suspects. Rather the samples, which typically take a month to analyze, while fingerprints take less than a half hour, are used to investigate suspects’ possible involvement in other crimes, as part of a national database accessible to police and the FBI.


TAKING THE EDGE OFF THE PRISON RAPE ELIMINATION ACT

The federal Prison Rape Elimination Act (PREA) was passed in 2003, and brought about a set of “zero-tolerance” standards to eliminate rape in state and federal prisons, which took a decade to nail down and approve.

In May of this year, states were required to either pass an audit, or promise to pass compliance in the future. Only two states passed their audits. States that refuse to comply altogether—as Texas and five other states have—forfeit 5% of their prison funding.

But a report released last Friday from the United Nations Committee Against Torture points out that the rates of sexual violence in US lock-ups have not changed much since 2007, and expresses concern at the mediocre implementation of PREA.

The Marshall Project’s Alysia Santo has more on the issue, and also highlights an under-the-radar battle to further delay PREA and throw out the financial consequences for noncompliance. Here’s a clip:

…A proposal that originated in the Senate Judiciary Committee would almost completely eliminate financial penalties for states that defy the rape prevention law. The proposal, written by Senator John Cornyn, Republican of Texas — the most vocally defiant state — was agreed on by the committee in an after-midnight session in September and was attached to an unrelated bill.

The bill carrying the PREA amendment failed to pass, but members of the National Prison Rape Elimination Commission, a federal body that spent years developing the PREA standards, say efforts are already underway to reintroduce the amendment during the next legislative session.

In a November letter to Attorney General Eric Holder, the Commission members requested a meeting to “discuss our grave concern about recent efforts to delay or weaken effective implementation” of PREA. So far, six states are refusing to comply with the standards: Arizona, Florida, Idaho, Indiana, Texas, and Utah. The letter goes on to point out that only two states have certified compliance, while forty-six states and territories have submitted assurances to eventually comply, which allows them to keep their funding.

“But those assurances will become hollow — and states and territories may not make them — absent the threat of financial penalties for failure to become compliant,” the Commission wrote.

Posted in Charlie Beck, DNA, LAPD, prison policy, racial justice | 6 Comments »

Sheriff-Elect McDonnell & Others Speak on Ferguson… And Lots More

November 24th, 2014 by Celeste Fremon


Here are a few of the early reactions to the news Monday night
that a Missouri grand jury decided not to indict Ferguson Officer Darren Wilson in the August 9 shooting death of Michael Brown

LA COUNTY SHERIFF-ELECT JIM MCDONNELL

The frustration we have seen in Ferguson, Missouri demonstrates what can happen when a divide develops between government — through one of its most vital agents, law enforcement — and the community it serves. It is why community policing and engagement must not merely be something we do, but rather it must be who we are and how we operate every day.

The Grand Jury in Ferguson, Missouri has spoken. Yet a community is still fractured and many lives are forever and irreparably impacted.

I urge those who may be disappointed by today’s decision to nonetheless respect the outcome and processes of our legal system. The greatness of our nation comes from our ability to come together peacefully and lawfully, to speak up about what is on our minds, and to respect one another…..

As the incoming Sheriff of Los Angeles County, I will continue to focus, as I have throughout my career, on strengthening lines of communication and fortifying trust between communities and law enforcement….

AUTHOR OF “THE NEW JIM CROW” MICHELLE ALEXANDER

As we await the grand jury’s decision, I want to take this opportunity to say thank you — a deep, heart-wrenching thank you — to all the organizers and activists who took to the streets following Michael Brown’s killing and who refused to stop marching, raising their voices, and crying out for justice. It is because of them — their courage, boldness, vision and stamina — that the world is paying attention to what is happening in a suburb called Ferguson. The world is not watching because an unarmed black man was killed by the police. That’s not news. What made this police killing different was that the people in Ferguson — particularly the young people — rose up and said We Will Not Take It Any More. Our Lives Matter. Black Lives Matter. And their cry has been heard around the world…..

CONNIE RICE AND THE ADVANCEMENT PROJECT

“Today, the people of Ferguson and caring Americans throughout our country are devastated by the grand jury decision to not indict Officer Darren Wilson in the killing of Mike Brown,” said Advancement Project Co-Director Judith Browne Dianis. “The legal system has failed again to hold someone accountable for the loss of life of an unarmed young Black man. In places throughout the United States, innocent lives are being lost at the hands of those who are supposed to serve and protect us. Mike Brown, Eric Garner and John Crawford are just a small portion of those killed by the police, while countless others have been harassed, injured and criminalized unnecessarily. Efforts for sweeping change will not stop until there is relief for communities of color.”

“The family of Michael Brown deserves an immediate, thorough, and transparent investigation into this shooting,” said Connie Rice, Founding Co-Director of Advancement Project. “This incident should be investigated by the federal government for possible civil rights violations. We also welcome federal action to ensure that civil rights of youth of color and of those protesting Michael Brown’s death are protected in the community of Ferguson.”

Here’s the rest.

MAYOR ERIC GARCETTI

“Michael Brown’s death has ignited deep passions across the nation, and Los Angeles is no exception.

Tonight’s decision is one that will be heatedly debated — but we should do so through dialogue and peaceful action….

OAKLAND CONGRESSWOMAN BARBARA LEE

My heart continues to go out to Michael Brown’s family and community. Like everyone in our community, I am devastated by the senseless murder of yet another young black man,” Lee said. “The deaths of Michael Brown, Trayvon Martin and Oscar Grant, one of my constituents, serve as tragic examples of the senseless murder of young African American men.

We must come together like never before to tackle the systemic, structural and rampant racial bias endemic in our institutions and criminal justice system. We must demand change and work to realize it.


AND IN OTHER NEWS

GOV. BROWN NAMES YOUNG SUPERSTAR LAWYER TO STATE SUPREME COURT

In a surprise move that is very much in keeping with Jerry Brown’s style of choosing unconventional but talented and high profile judicial candidates, on Monday, the governor named 38-year-old Leondra R. Kruger to the California Supreme Court, making her the youngest member of the court in memory. In his Monday statement, Brown called his nominee “a distinguished lawyer and uncommon student of the law” who has won “the respect of eminent jurists, scholars and practitioners alike.”

Interestingly, Kruger, has argued twelve times before the U.S. Supreme court, but has not practiced law in California since 2008. Instead she has spent much of her career as a rising star in the nation’s capital, most recently serving in the U.S. Department of Justice, in the office of legal counsel, prior to that, holding a top position in U.S. solicitor general’s office.

Attorney General Eric Holder stated that Kruger would be “an excellent and thoughtful Supreme Court justice who will serve the people of California with distinction for many years.”

Kruger is only African American on the court since the exit of Janice Rogers Brown in 2005 for a position on the D.C. Court of Appeals.

Howard Mintz of the San Jose Mercury News is one of those who reported on Kruger’s appointment. Here’s a clip from his story:

Here’s a clip:

Defying convention again in his picks for the state’s highest court, Brown on Monday tapped 38-year-old top Obama administration lawyer Leondra Kruger to a vacancy that has been lingering on the Supreme Court since early this year.

Most recently a deputy U.S. attorney general, Kruger would be the state Supreme Court’s first African-American justice since former Justice Janice Rogers Brown moved to a federal appeals court in 2005.

Kruger, a rising legal star already mentioned as a federal appeals court and future U.S. Supreme Court prospect, replaces 73-year-old Justice Joyce Kennard, who retired in April.

The addition of Kruger to a once-aging state Supreme Court represents an unprecedented youth movement – in addition to being the youngest justice in memory, Kruger joins Brown’s two other picks, Mariano-Florentino Cuellar, 42, and Goodwin Liu, 44, in bringing down the court’s average age by decades.

“(The governor’s) recent appointments to the California Supreme Court reflects a realization in Sacramento of something made decades ago in D.C. in connection with the U.S. Supreme Court,” said Shaun Martin, a University of San Diego law professor. “The younger the justices are when they get appointed, the longer they stay there and affect the law.”


FBI RELEASES 2013 STATISTICS FOR OFFICER DEATHS IN LINE OF DUTY, FINDS NUMBER OF OFFICERS CRIMINALLY KILLED SHARPLY DOWN

According to statistics released by the FBI on Monday, 27 law enforcement officers died as a result of felonious acts last year, and 49 officers died in accidents, for a total of 76 officers killed on the job protecting American communities.

The numbers of officers killed as a result of criminal acts by others in 2013 decreased by 22 when compared with the 49 officers feloniously killed in 2012, according to the FBI.

The FBI also looked at five- and 10-year comparisons in number of officers killed on the job by others and found a decrease of 21 felonious deaths compared with five years ago, in 2009, when 48 officers died, and a decrease of 30 felonious deaths compared with 2004′s 57 officers.

Of course, for the friends, colleagues and the families of those 27 officers feloniously by others in 2013, the statistics don’t really matter.


THE ADVERSE AFFECTS OF PRISONS ON COMMUNITY HEALTH

The millions of Americans who cycle through the nation’s courts, jails, and prisons every year experience far higher rates of chronic health problems than found in the general population—including a higher rate of infectious diseases, substance use, serious mental illness, and emotional conditions such as chronic depression.

When prisoners return to their communities—as most eventually do—they bring those problems with them, in many cases, arriving home with a condition that has been exacerbated by their prison stay.

A just released report by the Vera institute of Justice called Life Support: Public Health in the Age of Mass Incarceration takes a deep look at the negative impacts of incarceration on the health of communities.

Here’s the opening of the report’s overview, which gives a good idea of what researchers found.

Here’s how it begins:

Each year, millions of incarcerated people—who experience chronic health conditions, infectious diseases, substance use, and mental illness at much higher rates than the general population—return home from correctional institutions to communities that are already rife with health disparities, violence, and poverty….

For several generations, high rates of incarceration among residents in these communities has further contributed to diminished educational opportunities, fractured family structures, stagnated economic mobility, limited housing options, and restricted access to essential social entitlements

Several factors in today’s policy climate indicate that the political discourse on crime and punishment is swinging away from the punitive, tough-on-crime values that dominated for decades, and that the time is ripe to fundamentally rethink the function of the criminal justice system in ways that can start to address the human toll that mass incarceration has had on communities…..

Here’s a link to the full report.

Posted in California Supreme Court, Community Health, FBI, How Appealing, Jim McDonnell, LASD, law enforcement, mental health, Mental Illness, prison, prison policy, race, race and class, racial justice | 20 Comments »

CA’s Poorer Students Lose Weeks of Instruction…LAUSD Fires Lawyer Who Blamed 14-yr-old for Sex With Teacher….Kids, Trauma & Schools…and LAPD Braces for Ferguson Decision

November 19th, 2014 by Celeste Fremon


STUDY FINDS CA’S LOW INCOME HIGH SCHOOLS LOSE 25 DAYS OF INSTRUCTION A YEAR

Teachers in California’s “high poverty” high schools provide their students with an average of 25 fewer days of classwork per year than do their higher income school counterparts, according to a new study released Tuesday by UCLA’s Institute for Democracy, Education & Access (IDEA) and funded by the Ford Foundation.

This is the rough equivalent of shutting down classes in the state’s low income area schools as much as five weeks earlier than schools in more affluent areas.

The causes of this disparity in productive class time primarily fall into two categories, according to the UCLA report:

1. Incidental interruptions during each class period chip away at instructional time to the tune of around 1/2 hour per day in the state’s low income schools.

2. In this same way, in high poverty schools there are more in the way of large interruptions that cut into scheduled instructional time across the school calendar–things like emergency lockdowns, chronic teacher absences, overlong preparation for standardized tests, underprepared substitute teachers and more.

In addition there are community and personal sources of stress—unstable living conditions, neighborhood violence, concerns about safety, immigration issues, hunger—that can adversely affect a higher percentage of students’ ability to concentrate in high poverty schools than those affected in low poverty schools.

The result is a measurable lack of equality of opportunity, say the study’s authors:

“California holds students to a common set of assessment standards and requirements for university admission,” write UCLA researchers John Rogers & Nicole Mirra in the conclusion of their report. “Yet students have access to markedly different amounts of instructional time depending on the neighborhood in which they live. It is true that schools can use available learning time in more or less effective ways. But the amount of available learning time creates a ceiling, limiting the capacity of the school to promote student achievement and development.”

Jill Barshay writing for the Hechinger Report has more on the study. Here’s a clip:

Interruptions, substitute teachers and test prep account for a large portion of the lost instructional time, according to a UCLA study released Nov. 18, 2014.

“These findings push us to think again about inequality in the schools,” said UCLA education professor John Rogers, a co-author of “It’s About Time: Learning Time and Educational Opportunity in California High Schools,” published by UCLA’s Institute for Democracy, Education and Access. “You have a quarter of the kids [here] in schools with concentrated poverty, and you see how unequal learning time is for these students.”

The inequities outlined in this report have little to do with school funding. In California, the state plays a large role in allocating school funds. That reduces the ability of wealthy towns to fund their schools more than low-income communities can.

“Differences in learning time between high and low poverty schools might actually be much more pronounced in states where high poverty schools receive less funding than schools in more affluent communities,” said Sanjiv Rao, a program officer at the Ford Foundation, which funded the UCLA study.

[SNIP]

A common disruption, for example, was a phone call from the main office during a lesson. Teachers reported that simple routines, such as settling the class down or distributing materials, take longer at high poverty schools. It may take only a minute, but the minutes add up. In a high poverty school, about 18 minutes per period are lost this way, compared with 13 minutes in a low poverty school — a five minute difference per class period….


LAUSD BELATEDLY FIRES LAWYER WHO ARGUED THAT 14-YEAR-OLD MIDDLE-SCHOOL GIRL WAS OLD ENOUGH TO SAY YES TO SEX

Last week, KPCC’s Karen Foshay broke the story that one of LAUSD’s hired gun law firms had argued in a civil suit in August that a 14-year-old student was mature enough to consent to having sex with her 28-year-old teacher—hence the district shouldn’t be liable for any of the teenager’s alleged injuries.

The former math teacher, Elkis Hermida, was convicted of lewd acts against a child in July 2011 and sentenced to three years in state prison.

The district’s attorney in the matter, W. Keith Wyatt of Ivie, McNeill & Wyatt, also brought the middle-schooler’s past sexual experience into court. (One is legally prohibited from such trash-the-victim tactics in adult rape cases, but evidently all bets are off in civil cases brought by the parents of young teenagers whose teachers had felonious sex with their students.)

Here are some clips from that first story:

“She lied to her mother so she could have sex with her teacher,” said Keith Wyatt, L.A. Unified’s trial attorney in the case, in an interview with KPCC. “She went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn’t she be responsible for that?”

Not content to stop there, Mr. Wyatt went on to opine:

“Making a decision as to whether or not to cross the street when traffic is coming, that takes a level of maturity and that’s a much more dangerous decision than to decide, ‘Hey, I want to have sex with my teacher,’” Wyatt told KPCC.

In any case, last Friday, embarrassed LASD officials announced that they wouldn’t work with attorney Wyatt anymore but that they would continue to work with his firm—which was representing the district in a bunch of cases.

Then on Tuesday, KPCC’s Karen Foshey and Paul Glickman reported that LAUSD had changed its mind and was now yanking most of the cases.

Here’s a clip that explains the deal:

When LAUSD said it would cut its ties with Wyatt, it said it would maintain its relationship with his firm, Ivie, McNeill & Wyatt, which was representing the district in 18 cases.

On Tuesday, LAUSD spokesman Sean Rossall told KPCC that Wyatt had been counsel on all 18 cases. His firm will continue representing the school district in four of the cases, but Wyatt will no longer be handling them, Rossall explained. The remaining 14 cases “are being reassigned to other firms,” he said.

There has also been fallout in Sacramento from KPCC’s report. State Senator Ted Gaines (R-Roseville) said that he intends to introduce legislation to ensure that lawyers will not be able to argue in civil cases that a minor is mature enough to consent to sex with an adult.

Let us hope that such sensible legislation will pass.


DR. NADINE BURKE HARRIS ADVISES SCHOOLS DEALING WITH STUDENTS & CHILDHOOD TRAUMA: “DON’T MAKE THINGS WORSE.”

Dr. Nadine Burke Harris, the San Francisco pediatrician and researcher who has become a national expert on the effect of “adverse childhood experiences”—or ACEs—on a kid’s future health and behavior, spoke last week at the Colorado Children’s Campaign. Prior to the event, Burke Harris was interviewed by Ann Schimke at Chalkbeat Colorado about kids and toxic stress and how schools can unintentionally make things worse.

(WitnessLA wrote about Burke Harris and childhood trauma here.)

Here’s a clip from the conversation:

…First of all, the canary in the coal mine is behavior and learning issues. One of the things we know is that kids who are exposed to high doses of adversity are much more likely to have problems with impulse control, are much more likely to have difficulty with recovery post-provocation, more likely to have difficulty with attention, and sometimes going so far as having learning difficulties.

For the study that was published by myself and a colleague, our kids who had four or more adverse childhood experiences, they were twice as likely to be overweight or obese. We also see recent data out of California…if you have an ACE score of four or more you have twice the lifetime risk of asthma.

What role should schools play or are they already playing in dealing with this issue in a proactive way?

The first really important role that schools have is not making things worse. I know that sounds awful, but really understanding that punitive school discipline policies do not reflect an understanding of the science of how adversity affects the developing brain. I think it’s really important for schools to respond thoughtfully.

The hours that a child spends in school are really an opportunity for establishing safe and healthy relationships, which can also be profoundly positive in terms of coming up with solutions to the issue of adverse childhood experiences and toxic stress.

One of the big things is just thinking about ways to establish a safe and healthy school climate that’s not punitive, and informing some of those policies with the emerging science and research around ACES and toxic stress.

How are schools doing in addressing this issue and creating a safe and healthy environment ?

There are certainly some schools that are models…One of the things we see that makes a world of difference in the school environment is having a school leader who recognizes adverse childhood experiences and toxic stress as a major issue that affects educational attainment and is willing to … take that on. I think that has everything to do with the leadership.


LAPD BRACES FOR DEMONSTRATIONS AFTER FERGUSON GRAND JURY ANNOUNCEMENT

Calls have already gone out for a peaceful rally at Leimert Park (Crenshaw and Vernon) following the Missouri grand jury announcement expected later this month regarding whether or not Ferguson police officer Darren Wilson will be indicted in the controversial shooting of black teenager Michael Brown.

Like law enforcement agencies all over the country, the Los Angeles Police Department is preparing for reactions to the grand jury’s decision, but Chief Charlie Beck also expressed hope that recent meetings by department members with LA’s most affected communities will aide in keeping the city calm.

The LA Times’ Kate Mather has more on the story. Here’s a clip:

Police departments nationwide are bracing for the grand jury’s decision — expected by the end of the month — in the killing of Michael Brown by a white police officer. The August shooting in Ferguson, Mo., sparked protests nationwide along with criticism of police.

Beck told the city’s Police Commission that his department is “working very closely” with authorities in Missouri and hoped to get “some advance notice of the decision and the announcement.”

“This is an issue that we’re all concerned with,” he said.

The LAPD has also stepped up community outreach in anticipation of the decision, Beck said, and is prepared to deploy extra patrols when it comes.

“We will facilitate lawful demonstrations, just as we always do,” he told reporters after the meeting. “But we will not, and cannot, condone violence or vandalism. We want to help people to express their opinions, but we want them to do it lawfully.”

Beck stressed his hope that the outreach efforts would help quell potential violence in Los Angeles.

“I believe that the relationships with the Los Angeles Police Department and the communities that are most concerned is very strong,” the chief said.

Posted in Civil Liberties, Civil Rights, crime and punishment, Education, LAPD, LAUSD, race, racial justice, School to Prison Pipeline, Trauma | No Comments »

Prop. 47, the Releases Have Begun….McDonnell Makes Plans…. How Elections Affect LA….Monday’s American Justice Summit Live Streams

November 10th, 2014 by Celeste Fremon



In the days since California voters passed Prop. 47 by a healthy margin
, real world responses to the initiative’s victory have been swift. For instance, Kristina Davis of the San Diego Union-Tribune writes that in San Diego County, teenagers were released from juvenile hall the day after voting day, while the SD Public Attorney’s Office was getting 200 calls an hour from inmates in the county’s jail hoping for reduced sentences.

In the Bay area, judges did not even wait for election results to be certified before resentencing inmates and reducing charges write Matthias Gafni and David DeBolt in the San Jose Mercury News.

And in Santa Rosa County one lawbreaker was very, very cheery when he showed up in court on November 5, according to the Press Democrat’s Paul Payne.

Here’s a clip:

When Judge Lawrence Ornell took a seat in his Santa Rosa courtroom the morning after Election Day, a man with an “I voted” sticker on his lapel walked up to the bench, beaming.

Ornell noticed the man’s sunny disposition then looked down at the charge. It was possession of cocaine, an offense that a day earlier was a felony but with the passage of Proposition 47 by California voters had been reduced to a misdemeanor.

His chances of receiving a stiff punishment vanished overnight.

“He was smiling ear to ear,” Ornell said Thursday, recounting the man’s good fortune. “He was a happy man.”

The scene is playing out frequently these days as courts, prosecutors and police grapple with a new reality intended to cut prison crowding and save hundreds of millions of dollars for rehabilitation.

Proposition 47 reclassifies nonviolent offenses that used to be felonies — including many property crimes valued at $950 or less, grand theft, forgery, shoplifting and simple drug possession — and reduces them to misdemeanors carrying lighter punishments.

Some estimate a third of all felonies, many drug-related, will be downgraded to lesser crimes, creating a domino effect that will keep petty criminals out of custody and free some who are already behind bars.

Statewide, as many as 40,000 people a year could be affected, the Legislative Analyst’s Office said.

State prison officials estimate 4,770 inmates would be eligible to petition the court for resentencing and possible release. Nineteen are from Sonoma County, local prosecutors said, and the Sheriff’s Office has identified 209 of its 1,200 jail inmates for possible consideration.

All would go before a judge who would review the details of their offenses and their records. Those previously convicted of violent or serious crimes would not qualify, Assistant Sheriff Randall Walker said.


SHERIFF-ELECT JIM MCDONNELL WILL GATHER INFO BEFORE STAFFING & FOCUS FIRST ON LA COUNTY JAILS

Soon-to-be LA County Sheriff Jim McDonnell was still in a post-election daze, with zillions of requests for meetings, interviews, and call-backs piling up, when LA Daily News reporter Rick Orlov talked to him about his plans.

Here’s a clip:

“I am not looking at any big transition team,” said McDonnell, who spent the bulk of his career at the Los Angeles Police Department, where he was second-in-command, and served as a chief of police in Long Beach since 2010. “I will reach out to different experts, but I want to talk to the people in the department and see the talent that is there.”

His first priority in rebuilding confidence in the troubled department, McDonnell said, will be a review of the county jail system to determine what changes have been made since the release of a critical report by the Citizens Commission on Jail Violence, of which he was a member. Its jail system — the largest in the world — holds an average of 18,000 to 20,000 inmates a day, about 17 percent of whom are believed to have mental illnesses.

“I want to see what has been done and what can be done as quickly as possible,” McDonnell said. “It is our top priority.”

But before he does that, there is a long-delayed trip to Boston to see his 88-year-old mother and celebrate with his family back there.

“I’ll be there four days, but there is not a lot of time left before I take office,” McDonnell said. “I have just a few weeks before I take office on Dec. 1.”


NATIONAL ELECTIONS WON’T PARTICULARLY AFFECT SO CAL BUT STATE ELECTIONS WILL, WRITES LA TIMES JIM NEWTON

LA Times columnist Jim Newton lists those of last Tuesday’s races most likely to affect the actual lives of So Cal voters—most particularly the election of Jim McDonnell as LA County’s new sheriff, the passage of Jerry Brown’s water bond, and the victory of Sheila Kuehl in the LA County Supervisor’s race. Here’re are some clips:

The Sheriff’s Department has struggled for decades, resisting attempts to reduce violence in jails and impose meaningful civilian oversight. Sheriff Lee Baca often seemed overwhelmed by the task, and Baca’s former top deputy, Paul Tanaka, who ran against McDonnell in last week’s election, was widely seen as an impediment to reform.

McDonnell, by contrast, has pledged to move ahead with efforts to constrain excessive force and to lead the agency into a more sophisticated relationship with the public and county government. And he has the right credentials to make that happen. Most recently, McDonnell headed the Long Beach Police Department. Before that, at the LAPD, McDonnell helped lead the department to a new kind of policing that embraced community engagement, and he did it at a time when that department was trying to reconstruct trust after years of controversy — as the Sheriff’s Department is today.

It won’t be easy, but McDonnell has a chance to make real progress.

[BIG SNIP]

Most of the post-election commentary on Kuehl’s victory has focused on whether she can hold the line on county worker pay hikes, given the backing that public employee unions gave her. That’s a fair question, though Kuehl is famously stubborn and a little bit prickly, so I wouldn’t envy the person trying to call in a chit with her.

To me, the more intriguing aspect of her victory is what it might mean for one of the county’s gravest responsibilities: the operation of its foster care system, which cares for children who have been the victims of abuse or neglect and which has seen too much tragedy. This is an area that Kuehl knows and cares about.

Kuehl, whose sister is a judge in the Sacramento foster care system, speaks movingly of her determination to help young people. And as a state legislator, she wrote a slew of bills intended to protect children in the system.

Now she’s about to join a board that oversees the largest child welfare system in the nation, one that is responsible for more than 30,000 children at any given time.


DAILY BEAST’S TINA BROWN HOSTS AMERICAN JUSTICE SUMMIT LIVE STREAMING ON MONDAY

Tina Brown Live Media is co-hosting what is being called The American Justice Summit, which will live stream on Monday from 1:30 p.m. to 6:30 p.m. Eastern, featuring the likes of John Jay College president Jeremy Travis, Orange is the New Black author Piper Kerman, New Yorker legal analyst Jeffrey Toobin, Equal Justice Initiative founder and author of Just Mercy, Bryan Stevenson, Right on Crime’s Grover Norquist, and many, many more.

I’ve you’ve got an interest in criminal justice issues, it’ll likely be worth your while to tune in to this event.

Posted in 2014 election, ACLU, jail, Jim McDonnell, LA County Jail, LASD, race, racial justice, Sentencing | 36 Comments »

OIG: LAPD Deployed “Ghost Cars” to Boost Patrol Numbers, Asset Forfeiture $$, Black Teens’ 21 Times Higer Risk of Death by Officer, and LA’s New Poet Laureate

October 13th, 2014 by Taylor Walker

INSPECTOR GENERAL FINDS LAPD MET PATROL GOALS BY SENDING OUT “GHOST CARS”

An investigation by the LAPD’s Office of the Inspector General found department supervisors falsified documents to augment the recorded number of cars on patrol to meet policy requirements. Department commanders in at least 5 of 21 divisions sent out “ghost cars” while the officers recorded as on patrol were actually completing paperwork or performing other duties, according to the report released Friday.

The LA Daily News’ Mike Reicher has more on the investigation. Here’s a clip:

To keep call response times down throughout the city, department policy requires at least one car to patrol each of the department’s roughly 200 geographic areas at all times. A workforce constrained by budget cuts and pressure to report positive statistics may have pushed commanders to manipulate information, some say.

“In the broadest sense, perceptions become reality,” Police Commission President Steve Soboroff said in an interview. “People perceive there are a lot of police in the street, but they would act differently if there’s only one car patrolling their neighborhood.”

Department spokesman Cmdr. Andrew Smith declined to comment until the full Police Commission addresses the report at its Tuesday meeting.

The investigation found that the officers’ patrol cars, which were reported to be responding to emergency calls, were actually parked at the stations or otherwise not on patrol. They are known as “ghost cars.”

[SNIP]

“It appears that the area personnel provided inaccurate accounts of actual patrol strength to [headquarters], and not to the public,” the report by Inspector General Alex Bustamante stated, “for the express purpose of meeting the patrol plan mandate.”

Bustamante’s report details one officer who was assigned to work patrol, but instead worked the equipment room checking out items such as microphones, rifles and car keys. Another spent six hours writing reports and conducting follow-up investigations in the station, despite his official status as patrolling. The report doesn’t list officers’ divisions or names, to protect whistleblowers’ confidentiality.


LAW ENFORCEMENT AGENCIES USE SEIZED ASSETS AS FUNDING, BUY WEAPONS, GEAR, AND MORE

A new Washington Post investigation found that since 2008, local law enforcement agencies across the US have used billions of dollars obtained through civil asset forfeiture to buy things like weapons, gear, vehicles, a $637 coffee maker, and a clown. (No, we’re not kidding about the clown.)

The Post’s Robert O’Harrow Jr. and Steven Rich analyzed tens of thousands of expenditure reports submitted to the DOJ through the Equitable Sharing Program which allows law enforcement agencies to use the money they take from citizens. The investigation found that 81% of the $2.5 billion reported was taken from people who were never charged with a crime. But because people have to jump through hoops to prove they legally acquired the money or property that officers took from them, they do not often win it back.

(You can read our earlier posts about asset forfeiture here, here, and here.)

Here are some clips:

The details are contained in thousands of annual reports submitted by local and state agencies to the Justice Department’s Equitable Sharing Program, an initiative that allows local and state police to keep up to 80 percent of the assets they seize. The Washington Post obtained 43,000 of the reports dating from 2008 through a Freedom of Information Act request.

The documents offer a sweeping look at how police departments and drug task forces across the country are benefiting from laws that allow them to take cash and property without proving a crime has occurred. The law was meant to decimate drug organizations, but The Post found that it has been used as a routine source of funding for law enforcement at every level.

“In tight budget periods, and even in times of budget surpluses, using asset forfeiture dollars to purchase equipment and training to stay current with the ever-changing trends in crime fighting helps serve and protect the citizens,” said Prince George’s County, Md., police spokeswoman Julie Parker.

Of the nearly $2.5 billion in spending reported in the forms, 81 percent came from cash and property seizures in which no indictment was filed, according to an analysis by The Post. Owners must prove that their money or property was acquired legally in order to get it back.

The police purchases comprise a rich mix of the practical and the high-tech, including an array of gear that has helped some departments militarize their operations: Humvees, automatic weapons, gas grenades, night-vision scopes and sniper gear. Many departments acquired electronic surveillance equipment, including automated license-plate readers and systems that track cellphones.

The spending also included a $5 million helicopter for Los Angeles police; a mobile command bus worth more than $1 million in Prince George’s County; an armored personnel carrier costing $227,000 in Douglasville, Ga., population 32,000; $5,300 worth of “challenge coin” medallions in Brunswick County, N.C.; $4,600 for a Sheriff’s Award Banquet by the Doña Ana County (N.M.) Sheriff’s Department; and a $637 coffee maker for the Randall County Sheriff’s Department in Amarillo, Tex.

Sparkles the Clown was hired for $225 by Chief Jeff Buck in Reminderville, Ohio, to improve community relations. But Buck said the seizure money has been crucial to sustaining long-term investigations that have put thousands of drug traffickers in prison.

“The money I spent on Sparkles the Clown is a very, very minute portion of the forfeited money that I spend in fighting the war on drugs,” he told The Post.

About 5,400 departments and drug task forces have participated in the Equitable Sharing Program since 2008. Justice spokesman Peter Carr said the program is an effective weapon to fight crime but should not be considered “an alternative funding source for state and local law enforcement.”


PROPUBLICA: BLACK TEENS FACE MUCH HIGHER RISK OF BEING FATALLY SHOT BY OFFICERS THAN WHITE TEENS

ProPublica’s Ryan Gabrielson, Ryann Grochowski Jones, and Eric Sagara analyzed federal data on fatal “officer-involved” shootings of young males up to the age of 19. The analysis, which included 1,217 deadly shootings between 2010 and 2012 (as well as a larger pool of 12,000 incidents from as far back as 1980), revealed black teens faced a risk of being killed by officers that was 21 times greater than white teens.

Here’s a clip from the ProPublica analysis:

The 1,217 deadly police shootings from 2010 to 2012 captured in the federal data show that blacks, age 15 to 19, were killed at a rate of 31.17 per million, while just 1.47 per million white males in that age range died at the hands of police.

One way of appreciating that stark disparity, ProPublica’s analysis shows, is to calculate how many more whites over those three years would have had to have been killed for them to have been at equal risk. The number is jarring – 185, more than one per week.

ProPublica’s risk analysis on young males killed by police certainly seems to support what has been an article of faith in the African American community for decades: Blacks are being killed at disturbing rates when set against the rest of the American population.

Our examination involved detailed accounts of more than 12,000 police homicides stretching from 1980 to 2012 contained in the FBI’s Supplementary Homicide Report. The data, annually self-reported by hundreds of police departments across the country, confirms some assumptions, runs counter to others, and adds nuance to a wide range of questions about the use of deadly police force.

Colin Loftin, University at Albany professor and co-director of the Violence Research Group, said the FBI data is a minimum count of homicides by police, and that it is impossible to precisely measure what puts people at risk of homicide by police without more and better records. Still, what the data shows about the race of victims and officers, and the circumstances of killings, are “certainly relevant,” Loftin said.

[SNIP]

The data, for instance, is terribly incomplete. Vast numbers of the country’s 17,000 police departments don’t file fatal police shooting reports at all, and many have filed reports for some years but not others. Florida departments haven’t filed reports since 1997 and New York City last reported in 2007. Information contained in the individual reports can also be flawed. Still, lots of the reporting police departments are in larger cities, and at least 1000 police departments filed a report or reports over the 33 years.


LUIS RODRIGUEZ NAMED LOS ANGELES POET LAUREATE

Last week, Luis Rodriguez, an iconic LA poet, novelist, memoirist, teacher, publisher, and advocate, best known for his memoir, Always Running: La Vida Loca, Gang Days in LA, was named Los Angeles’ second ever poet laureate.

(We at WLA think this is a wonderful thing, and we’ll have more on the story later in the week.)

LA Weekly’s Jennifer Swann has more on our new poet laureate. Here’s a clip:

As L.A.’s poet laureate, Rodriguez will serve a two-year term in which he’ll act as “the official ambassador of L.A.’s vibrant creative scene,” a sort of spokesman for the written word, according to a statement issued by the mayor’s office. It’s a natural fit for Rodriguez, who’s already been filling that role on his own, as the founder of Tia Chucha’s Centro Cultural, a nonprofit bookstore and cultural center that fosters art, literary and music workshops in the largely Latino community of Sylmar.

In his new position, the best-selling author of the memoirs Always Running, La Vida Loca: Gang Days in L.A. and It Calls You Back is expected to host a series of readings, workshops and classes at the L.A. Public Library, which sponsors the poet laureate program, along with the Department of Cultural Affairs. The program is aimed at educating inner-city kids with limited access to poetry.

Posted in LAPD, racial justice, War on Drugs, writers and writing | 38 Comments »

SF 1st CA City to Fund Lawyers 4 Undocumented Kids…..Sunday Panel to Discuss Police Shootings & Peace in the Hood…. DARE Doesn’t Like Newest LA School Police Reform…& More.

August 28th, 2014 by Celeste Fremon



SAN FRANCISCO IS FIRST CA CITY TO PROVIDE LAWYERS FOR UNDOCUMENTED CHILDREN & FAMILIES

On Wednesday, San Francisco officials announced a new program that will help fund legal assistance for undocumented children, families, and others facing deportation.

Of the approximately 4000 kids awaiting immigration proceedings in San Francisco, around 2,200 don’t have lawyers—a fact that has been shown to dramatically affect how their cases will play out.

According to a University of Syracuse study, between 2005 and 2014, 50 percent of the children who had an attorney present at their hearings were allowed by a judge to stay in the U.S. When a kid went to immigration court without an attorney during that same period, however, one in ten kids was permitted to stay. The other nine were deported.

The San Francisco Chronicle’s Marisa Lagos has been covering the issue. Here are some clips from her story announcing the new program:

The program, created by Supervisor David Chiu, makes San Francisco the first California city to offer such legal help. It is an expansion of an existing Right to Civil Counsel program created in 2012 that has so far focused on tenants facing evictions.

The city will give $100,000 this year to the nonprofit Lawyers’ Committee for Civil Rights, which will use the funds to provide pro bono legal representation to San Francisco residents facing deportation, including children and families.

[BIG SNIP]

San Francisco Immigration Judge Dana Leigh Marks, speaking as head of the National Association of Immigration Judges, called the city’s program “fabulous.”

Courts, she said, are overwhelmed – there are about 375,000 immigration cases pending in the country and only 227 immigration judges. She is presiding over more than 2,400 cases.

“There’s an extreme value in having lawyers represent people in terms of the outcomes in their own cases and in terms of the effectiveness of the immigration courts,” she said. “It helps us move through the process. It helps advise people of their rights, it reduces the number of errors when they are filing applications … and it reduces delays.”

Mexican immigrant Osvaldo Diaz, 36, said access to a pro bono attorney through the Lawyers’ Committee may have saved his life. Diaz, who is gay, fled to San Jose from Mexico after facing threats because of his sexual orientation and a domestic violence situation. He was granted political asylum in 2012 and this year was awarded legal residency. He recently moved to Miami and is looking for a job.

“I didn’t even know political asylum exists,” he said, adding that even with a lawyer, the court process was frightening.

Although SF is the first CA city to launch such a program, recently Gov. Jerry Brown announced that the state will cough up $3 million for immigration lawyers. New York also has a similar program.



“PEACE IN THE HOOD” AUTHOR, AQUIL BASHEER, HOSTS PANEL THIS SUNDAY TO DISCUSS VIOLENCE PREVENTION, PUBLIC SAFETY, & COMMUNITY UPSET OVER RECENT OFFICER INVOLVED SHOOTINGS

“Communities are desperately seeking answers,” said Aquil Basheer, executive director of A Better LA and a nationally known pioneer in the field of violence intervention, in relation to the recent intense controversies over officer-involved shootings, and neighborhood violence in general.

Due to the fact that Basheer’s well-regarded and fascinating new book Peace In the Hood: Working with Gang Members to End the Violence, co-authored with veteran journalist Christina Hoag, has coincided with these most recent public storms, he has organized a panel scheduled for Sunday, featuring law enforcement and others for what promises to be a dynamic discussion.

This is the second in a series of “solution-seeking” community discussions led by Basheer, with the idea of empowering residents in Southern California’s most crime-plagued areas to reduce the levels of “violence, aggression and interpersonal hostilities” that do harm to their neighborhoods.

In addition to Basheer, the panel will include LAPD Lead Gang Unit Officer Sgt. Curtis Woodle, and LAPD Gang Liaison Officer, Sgt. Stinson Brown, forensic psychologist and consultant to the LAPD and Department of Homeland Security, Dr. Debra Warner, USC Professor of Social Work and gang expert, Robert Hernandez, LA County Fire Department Captain Brent Burton, ‘Peace In the Hood’ co-author Hoag.

The panel will be held on Sunday, August 31, from 2 PM to 5 PM at the
African American Firefighter Museum, 1401 S. Central Avenue, Los Angeles


SOUTH LA’S FRAGILE GOODWILL IS TESTED

LAPD Assistant Chief Earl Paysinger, second in command to Chief Charlie Beck, was once the popular Deputy Chief who ran the department’s South Bureau where he notably and painstakingly worked to repair the badly damaged relations between the Los Angeles Police Department and the South LA communities it polices.

But how the fragile reservoir of goodwill really is was evident in the tone of the meetings over the shooting death of Ezell Ford, that Paysinger attended.

The LA Times’ Kate Mather and Richard Winton have the story. Here’s a clip:

As Angeles police Assistant Chief Earl Paysinger sat with increasing unease at a church in South Los Angeles as residents rose one at a time to berate his department.

The meeting had been called to reassure locals about the way the LAPD and other agencies were investigating the recent fatal shooting of a mentally ill man in the neighborhood. But the event quickly boiled over into a critique of the LAPD, with residents accusing the department of racial profiling, excessive force and dishonesty.

Paysinger, the LAPD’s highest-ranking black officer and a 40-year department veteran, was disturbed by the level of anger. So the morning after last week’s community meeting, he drove to the LAPD’s Newton Division, where the fatal shooting occurred, and demanded an action plan.

“Where do we go from here?” Paysinger told the station captain. “I’m not interested in, ‘I don’t know, we’ve done everything

Whether police officers acted properly when they fatally shot Ezell Ford Jr. earlier this month remains under investigation. But the case has exposed lingering tensions as well as what some consider an erosion of the credibility and goodwill the LAPD has worked so hard for so long to build in South L.A.

“You think you’re in a good place,” Paysinger said. “But then you find yourself at that meeting.… It was patently clear to me that we need to get busy.”

Building trust in the African American community has been a top priority of the LAPD since the L.A. riots 22 years ago, which were sparked in part by the acquittal of four police officers caught on tape beating black motorist Rodney King. Even the LAPD’s harshest critics admit the department has made significant strides.

Those efforts also have been helped in no small part by a dramatic drop in crime across South L.A.

But John Mack, the former longtime L.A. police commissioner and the retired president of the L.A. Urban League, said he worried that the reaction to Ford’s death showed a backslide in the relationship.


DARE NOT THRILLED WITH MARIJUANA DECRIMINALIZATION IN LA SCHOOLS

Last week, the chief of Los Angeles School Police announced that the LASP was decriminalizing a list of less serious student behaviors that previously lead to citations or arrest. Now students would be referred to school officials for these infractions, not law enforcement.

The newly classified behaviors include most ordinary fights between students, trespassing on school property, tobacco possession, alcohol possession, and possession of small amounts of marijuana.

When LA Weekly reporter Amanda Lewis spoke to California DARE Coordinator Steve Abercrombie, she found that he was not in favor of this new policy at all.

Here’s a clip from Lewis’ story:

California DARE Coordinator Steve Abercrombie was not pleased to learn the news that the Los Angeles Unified School District had decriminalized small amounts of marijuana at its schools.

“Wow,” [Abercrombie told the Weekly]. “It seems we keep giving in more and more to different crimes and criminal activity. When does it stop? When do you finally say that you need to follow the rules?”

The district announced more lenient policies in which school police will no longer report students — or issue them tickets — if they’re involved in petty theft, most fights, or possession of alcohol, tobacco or marijuana.

The rule changes resulted from two years of talks between lawyers, judges, school police and civil rights groups who aimed to end LAUSD’s zero-tolerance policies.

One goal is to reduce the influence of campus police, softening the rules so that kids who typically get into trouble don’t drop out.

At issue, in part, is that black students make up about one-third of school police arrests, yet they make up less than 10 percent of the student population.

This, of course, is not exactly in line with the philosophy of the long-running Drug Abuse Resistance Education program.

Abercrombie says it makes more sense to train school police to stop targeting black students than it does to decriminalize weed in schools….


Posted in criminal justice, FBI, Gangs, Human rights, immigration, LAFD, LAPD, law enforcement, race, race and class, racial justice, Trauma, Violence Prevention | 2 Comments »

Ferguson, Los Angeles & Lakewood….the Task of Finding Facts Beneath the Defensiveness, Demonization & Trauma

August 18th, 2014 by Celeste Fremon


Over the weekend, emotions continued to run high over the shooting of Michael Brown.

Attorney General Eric Holder announced via a Sunday morning news release that, under the supervision of the DOJ, a federal examiner will conduct a third autopsy of Brown. (A state autopsy and an autopsy requested by Brown’s family are the first and second.) Holder said the state autopsy will also be taken into account.

Also on Sunday, Missouri Gov. Jay Nixon expressed unhappiness that Ferguson police released the video of Michael Brown appearing to rob a convenience store of a box of cigars, shoving the much smaller clerk out of the way when the clerk attempted to stop him.

[NOTE: In an earlier version of this story, we described Brown's apparent action as "shoplifting," which was not correct. In Missouri, as in most states, the shove to the clerk makes it "strong-arm robbery" or "robbery in the second degree," as physical force appeared to be used, but there was no weapon involved.]

On the other hand, while the timing of the video release was painfully clumsy, withholding the video did not, frankly, sound like a great idea either. Damned if you do, damned if you…. etc.

Indeed, the video upset people. It may have been real but it was misleading, Brown’s neighbors tried to explain to an LA Times reporter. Mike-Mike, as they called him, was a good kid, not perfect, but someone for whom the neighbors had real hope.

By Sunday afternoon, the results of the private autopsy were released showing that Brown was shot at least six times, including twice in the head, with none of the shots appearing, at least initially, to be at close range. However, this last was not at all conclusive, since Brown’s clothing had not been examined by Dr. Michael Baden, the former chief medical examiner for the City of New York, who flew to Missouri to perform the autopsy at Brown’s family’s request. Baden and others specified that more information is needed before conclusions could be drawn from his findings.

Yet the announcement fueled further demonstrations Sunday night featuring gun shots, Molotov cocktails and looting. Early Monday, Missouri’s governor called in the National Guard.

Matters had not been helped by the fact that members of the Ferguson Police Department had been behaving like storm troopers during demonstrations for the past week, hauling off a Washington Post reporter and a Huffington Post reporter to jail for….reporting.…from inside the local McDonald’s. And chasing an Al Jazeera team away from the reporters’ lights and cameras with tear gas.

Meanwhile, back in Los Angeles on Sunday afternoon, the LAPD met several hundred sign-carrying demonstrators who gathered at LAPD headquarters to protest the shooting death on August 11 of Ezell Ford, a 25-year-old, reportedly mentally ill black man who was unarmed and whom police say tried to take the gun from the holster of one of the officers who attempted to detain him. Witnesses tell a different story.

In LA, the cops mostly let the demonstrators do what they wanted when they marched through Union Station, Little Tokyo, and elsewhere, long as they didn’t cause trouble.

The difference in the responses of the two departments points to the fact that the two shootings did not take place in the same context and, despite the similar emotional issues they may raise, they must not be conflated.

At the same time, the circumstances of both shootings are sharply disputed, and thus they require clear-headed, dispassionate investigation to tease out the facts.

On Friday, LA’s emotional climate was complicated further as the dangerous nature of police work was tragically illustrated when a Los Angeles County Sheriff’s deputy was viciously assaulted while he was escorting a domestic disturbance suspect out of a Lakewood shopping mall. The suspect, who has now been arrested for attempted murder, knocked the deputy to the ground, then repeatedly kicked him in the head and body, putting him in critical condition. Since surgery, the deputy’s condition has been listed as stable, but there are inferences of life-changing injuries.

Such attacks cannot help but traumatize officers who just want to do their jobs well and get home safe to their families at night. When non-cops fail to comprehend this reality, they risk distancing themselves disastrously from the men and women who have signed up to protect and serve them.

At the same time, members of LA’s minority neighborhoods in particular can point to decades of shameful history of police abuses that, while reform has taken place, have left trauma still in their wake to the degree that an LA reporter and mother writes about her terror when she first learned she would be having a baby boy in a world where “black boys face different dangers,” some of them from law enforcement. Her fears, sadly, are not uncommon.

To look at the matter from a slightly different angle, one of the best and simplest explanations I’ve read in the last week as to why shooting of—or by—- police officers are likely generate so much upset comes from the Atlantic’s Ta-Nehisi Coates:

Police in America are granted wide range of powers by the state including lethal force. With that power comes a special place of honor. When cops are killed the outrage is always different than when citizens are killed. Likewise when cops kill under questionable terms, more scrutiny follows directly from the logic of citizenship. Great power. Great responsibility.

There you have it. We are supposed to be devastated when a cop is hurt or killed. Cops and firefighters are the people who put themselves in harm’s way to protect the rest of us, and injury or worse to peace officers goes beyond the awful tragedy that hits the family and friends of the individual cop. It tears something fundamental in the community as a whole.

By the same token, if police appear to use their powers wrongly or carelessly or cavalierly, then resist being questioned about it—or worse, lie about it—-community members feel frightened and betrayed. Community trust shatters in ways that are difficult to repair. Everybody suffers from the shattering, police and community both.

It is, of course, much too soon to know what really happened in either the Michael Brown or the Ezell Ford shootings. And whatever truths are ultimately uncovered, let us hope we can get to them with a minimum of defensiveness and/or demonization. We are, in the end, all in this together. Remembering that one small fact might be helpful.

Posted in LA County Jail, LAPD, LASD, law enforcement, race, race and class, racial justice, social justice | 40 Comments »

LAPD Chief Gets Five More Years, LA’s Child Dependency Courts Reopened, an Uncommon Public Defense Approach, and Michael Brown

August 13th, 2014 by Taylor Walker

LAPD CHIEF CHARLIE BECK RECEIVES SECOND TERM FROM POLICE COMMISSION

On Tuesday, the Los Angeles Police Commission voted 4-1 in favor of giving Chief Charlie Beck a second five-year term. Commissioner Robert Saltzman was the lone dissenter, calling for increased transparency and more evenhanded discipline of officers.

Here’s a clip from police commission president Steve Soboroff’s statement regarding Beck’s reappointment:

This process lasted approximately three months and included numerous interviews with Chief Beck. During those interviews, my fellow Commissioners and I drilled down on every issue facing the Los Angeles Police Department. No subject was off-limits, and I can tell you, at times, the questioning was intense. In the end, we knew we had to be thoroughly confident that Chief Beck is not a good leader for the Los Angeles Police Department, but a great leader.

How did we judge Chief Beck? We looked at everything at LAPD. Chief Beck is the chief executive officer at LAPD, and at the end of the day, he is responsible for this large law enforcement agency. We looked at his ability to keep this City safe and reduce crime, his ability lead approximately 12,600 sworn and civilian employees effectively, and his ability to plan for the future.

Chief Beck demonstrated to the majority of the Commission and proved during the last five years that he is a leader who understands law enforcement and the unique needs of every part of this City. Yes, law enforcement is law enforcement, but Mar Vista is not El Sereno, and Athens Park is not Canoga Park. Chief Beck understands that better than anyone…and he knows what works in each unique community. He is the right person for this job, even though he recognizes that improvements must be made.

In his column, LA Times’ Steve Lopez said that while Chief Beck was deserving of a second term, he must improve transparency and consistency moving forward. Here’s how it opens:

Did LAPD Chief Charlie Beck deserve the new five-year contract he got Tuesday morning?

Yes.

Did he gracefully sprint across the finish line with hands held high?

No, he stumbled and staggered, with a series of dubious disciplinary moves topped off by a Times expose Sunday on inaccurate crime statistics.

Appropriately, along with the many hard-earned pats on the back given to him by commissioners, Beck got a well-deserved kick in the pants. And so his second term won’t be a victory lap, but a test of whether he can become the leader both the department and the city need him to be.

The four commissioners who voted in support of Beck — Steve Soboroff, Paula Madison, Sandra Figueroa-Villa and Kathleen Kim — touched on areas where improvement is needed, but spent most of their time praising the chief for declining crime rates and the building of community ties and trust.

And Beck does deserve a lot of credit. But it’s worth noting that all four of those commissioners were appointed by Mayor Eric Garcetti, who has been a vocal supporter of Beck. And so you are left wondering precisely how independent Garcetti’s appointees really are, no matter their claims or his.

The lone vote against a second term came from Rob Saltzman, the longest-serving commissioner and the only one to have been on the job through Beck’s entire first five-year term as chief. Saltzman was appointed by former Mayor Antonio Villaraigosa, and on Tuesday — with Beck seated several feet away — he offered anything but a ringing endorsement of the chief.

Saltzman said that despite Beck’s many extraordinary achievements, he had decided the LAPD would be better served “with new executive leadership.”

The most important area where “significant improvement is needed,” Saltzman said, is “in ensuring fairness and consistency in discipline and transparency and respect for civilian oversight.”


JUDGE NASH THANKFULLY REOPENS CHILD CUSTODY COURT PROCEEDINGS TO PUBLIC SCRUTINY

Judge Michael Nash, the presiding judge of LA county’s juvenile court, issued an order to reopen child dependency court proceedings to the press, five months after a California appeals court struck down Nash’s earlier order to open the courts.

The new order requires judicial officers to identify those present in the courtroom. Attorneys then have the option of objecting to media presence, if there’s reasonable likelihood that press access will harm a child.

Metropolitan News-Enterprise’s Kenneth Ofgang has the story. Here’s a clip:

Under the new order, each judicial officer will, at the outset of a hearing, determine who is present in the courtroom and which of such persons have a mandatory statutory right to be present. If any person lacks such a right, her or she will be required to state why they are there, and it will then be up to the court to determine whether “that person has a direct and legitimate interest in the particular case or the work of the court and, based on the record before it, there is no reasonable likelihood that access will be harmful to the child’s best interests.”

[SNIP]

Under Friday’s order, counsel for any party may object to presence of the media or members of the public, before or after the court makes the required findings regarding such presence.

“The party objecting shall produce evidence that harm to the child or family is reasonably likely to occur because access is allowed,” the order provides. “The person seeking access shall have the burden of persuading the Court that there is no reasonable likelihood that access will be harmful to the child’s best interests.”

Factors to be considered in determining whether to allow access include the age of the child, the nature of the allegations, and the likely impact on the child and the family, “consistent with the overriding purpose of the proceeding to protect the child and advance his or best interests.”

After balancing the interests involved, the order says, a person who lacks a mandatory right to attend may be excluded only if the person lacks “a legitimate interest in the case of the work or the court,” or if the person’s legitimate interest in viewing the proceedings is outweighed by the other interests addressed by the order, based on the evidence and arguments presented.


FLORIDA PUBLIC DEFENDERS OFFICE’S UNIQUE APPROACH: HIRING FORMER COPS TO INVESTIGATE POLICE AND PROSECUTORIAL ERRORS

A public defender’s office in Florida is employing former police officers to investigate things like complaints against prosecutors and cops for racial profiling and bad police work—things that public defenders with hundreds of cases could never look into. These ex-cops back up overloaded public defenders to give indigent defendants a fairer chance in the criminal justice system.

Jason Fagone has the story for Mother Jones. Here are some clips:

During his 26 years as a cop, [Allen E.] Smith thought he saw things clearly. There were good guys and there were bad guys, and he dealt with some of the worst. But then something changed.

In 1997, Smith retired from the police force. He needed a job to help cover his two daughters’ college expenses, so he signed up as an investigator in the Broward County Public Defender’s Office. He had little idea that he’d end up a key player in a bold experiment in criminal justice, one that aims to give tens of thousands of people who can’t afford lawyers a fighting chance in a system stacked against them. It’s an effort that suggests new ways for court-appointed attorneys to get at the truth, despite their insane caseloads. And a big part of it is getting former cops to police the police.

At the public defender’s office, Smith supervises 11 other investigators, 9 of whom are retired officers like him. Every day, they deploy technology, public records, and good old-fashioned legwork to dig into the sorts of complaints against cops and prosecutors that they used to brush off. In the process, they’re not only turning up evidence of sloppy police work and racial profiling. They’re also finding what they never would have guessed in their previous careers—that some of the sketchy characters they cross paths with are actually innocent.

[SNIP]

When Smith arrived at the public defender’s office in 1997, he wasn’t even sure he could do the job. A few of his cop buddies had asked why he had gone over to the “other side.” He didn’t know what to tell them. The investigative staff was smaller then and included a former Miami Dolphins cheerleader, a former Dolphins running back, a city commissioner, and a judge’s wife. The public defender, a Democratic Party stalwart who’d been in office since 1976, liked to call himself “the Boss Man.” He later came under fire for asking his employees to pony up $100 each to help his daughter’s boyfriend join the Hooters pro golf tour.

Smith kept his head down and started working cases. One involved a young woman charged with writing a counterfeit check in the amount of $4,200. She told a convoluted tale. The gist was that she had recently become unemployed and had gotten the check via FedEx from a company that was offering her a job and had asked her to cash it. As a cop, Smith would have pegged her as a grifter and never given her story a second thought. But he started digging. He traced the FedEx envelope back to a retired fire chief, the kind of guy he was inclined to trust; the chief’s wife explained that her shipping account had been hacked, and fraudsters had used it to send more than 200 bad checks to job seekers all over the country.

It wasn’t the most dramatic case, but at the moment when Smith realized his client was a victim, not a perpetrator, he experienced “a complete change of life.” The ideal of innocent until proven guilty had always struck him as a scam invented by defense attorneys. “Now, on the desk in front of me, lay the key to setting free a totally innocent person,” he later wrote in Florida Defender magazine. “It is hard to describe my exact feelings at that point.” He persuaded prosecutors to drop the charges.


KILLING MICHAEL BROWN

On Saturday afternoon in Ferguson, MO, a police officer shot and killed an unarmed black 18-year-old who was running away with his hands in the air. There are still many questions yet unanswered regarding the circumstances of Michael Brown’s death. Ferguson residents have been rioting, and the FBI has launched a civil rights inquiry into the death of Brown, who was a well-liked teenager two weeks away from starting college.

The New Yorker’s Amy Davidson has an essay on the issue that’s worth reading. Here are some clips:

Michael Brown didn’t die in the dark. He was eighteen years old, walking down a street in Ferguson, Missouri, from his apartment to his grandmother’s, at 2:15 on a bright Saturday afternoon. He was, for a young man, exactly where he should be—among other things, days away from his first college classes. A policeman stopped him; it’s not clear why. People in the neighborhood have told reporters that they remember what happened next as a series of movements: the officer, it seemed to them, trying to put Brown into a car; Brown running with his hands in the air; the policeman shooting; Brown falling. The next morning, Jon Belmar, the police chief of St. Louis County, which covers Ferguson, was asked, at a press conference, how many times Brown had been shot. Belmar said that he wasn’t sure: “more than just a couple of times, but not much more.” When counting bullets, “just” and “not much more” are odd words to choose.

[SNIP]

How does the choreography of Michael Brown’s afternoon form a story that makes sense? It cannot, or must not, be easier for the police to shoot at an eighteen-year-old who is running—away from the officer, not toward him—with his empty hands showing, than to chase him, drive after him, do anything other than kill him. Teen-agers may not always be prudent; there is no death penalty for that, or shouldn’t be. Michael Brown was black and tall; was it his body that the police officer thought was dangerous enough? Perhaps it was enough for the officer that he lived on a certain block in a certain neighborhood; shooting down the street, after all, exhibits a certain lack of concern about anyone else who might be walking by. That sort of calculus raises questions about an entire community’s rights. One way or the other, this happens too often to young men who look like Brown, or like Trayvon Martin, or, as President Obama once put it, like a son he might have had.

Posted in Charlie Beck, Foster Care, LAPD, Public Defender, racial justice | 2 Comments »

Using Risk Assessment in Sentencing…Protecting Kids Whose Parents are Being Arrested…and More

August 1st, 2014 by Taylor Walker

AG ERIC HOLDER OPPOSES USING RISK ASSESSMENT TO CALCULATE DRUG SENTENCES

US Attorney General Eric Holder has come out against states using certain “big data” risk assessment tools to help determine drug sentences. Holder says that sentences should match the crime, and that using things like a person’s work history, education, and what neighborhood they’re from to determine their likelihood of reoffending, and thus, how long they should remain in prison, may have an adverse impact on minorities and poor people.

Supporters of risk assessment say that the data helps lower the prison population, recidivism, and money spent on incarceration. Many states use big data in corrections, but the federal government does not. A bipartisan bill to adopt risk assessment at the federal level is making its way through legislature, and is expected to make it to President Obama’s desk.

California uses risk assessment by way of “sentencing enhancements” that add time onto sentences, and are grossly skewed against minorities and contribute to our overstuffed prisons.

Times’ Massimo Calabresi interviewed AG Holder and has more on the issue. Here’s a clip:

Over the past 10 years, states have increasingly used large databases of information about criminals to identify dozens of risk factors associated with those who continue to commit crimes, like prior convictions, hostility to law enforcement and substance abuse. Those factors are then weighted and used to rank criminals as being a high, medium or low risk to offend again. Judges, corrections officials and parole officers in turn use those rankings to help determine how long a convict should spend in jail.

Holder says if such rankings are used broadly, they could have a disparate and adverse impact on the poor, on socially disadvantaged offenders, and on minorities. “I’m really concerned that this could lead us back to a place we don’t want to go,” Holder said on Tuesday.

Virtually every state has used such risk assessments to varying degrees over the past decade, and many have made them mandatory for sentencing and corrections as a way to reduce soaring prison populations, cut recidivism and save money. But the federal government has yet to require them for the more than 200,000 inmates in its prisons. Bipartisan legislation requiring risk assessments is moving through Congress and appears likely to reach the President’s desk for signature later this year.

Using background information like educational levels and employment history in the sentencing phase of a trial, Holder told TIME, will benefit “those on the white collar side who may have advanced degrees and who may have done greater societal harm — if you pull back a little bit — than somebody who has not completed a master’s degree, doesn’t have a law degree, is not a doctor.”

Holder says using static factors from a criminal’s background could perpetuate racial bias in a system that already delivers 20% longer sentences for young black men than for other offenders. Holder supports assessments that are based on behavioral risk factors that inmates can amend, like drug addiction or negative attitudes about the law. And he supports in-prison programs — or back-end assessments — as long as all convicts, including high-risk ones, get the chance to reduce their prison time.

But supporters of the broad use of data in criminal-justice reform — and there are many — say Holder’s approach won’t work. “If you wait until the back end, it becomes exponentially harder to solve the problem,” says former New Jersey attorney general Anne Milgram, who is now at the nonprofit Laura and John Arnold Foundation, where she is building risk-assessment tools for law enforcement. Some experts say that prior convictions and the age of first arrest are among the most power­ful risk factors for reoffending and should be used to help accurately determine appropriate prison time.


NEW LAW ENFORCEMENT GUIDELINES FOR TAKING CARE OF KIDS WHOSE PARENTS ARE BEING ARRESTED

The Department of Justice and the International Association of Chiefs of Police are taking crucial steps toward protecting kids from avoidable trauma by rolling out guidelines and training at the local, state, and federal levels on how to care for children whose parents are being arrested. The guidelines include asking suspects if they have dependent kids during their arrest (a California Research Bureau report found that only 13% of California officers ask this), placing kids with relatives instead of taking them into child welfare custody, and postponing arrests so that kids are not present, if possible.

USA Today’s Kevin Johnson spoke with Deputy AG James Cole about the new guidelines. Here’s a clip:

Few law enforcement agencies have policies that specifically address the continuing care of children after such arrests, despite an estimated 1.7 million children who have at least one parent in prison, according to the Bureau of Justice Statistics. The number of children jumps to about 2.7 million when parents detained in local jails are included….

Justice and the International Association of Chiefs of Police, the nation’s largest organization of police officials, are beginning to roll out guidelines to agencies across the country. It is an unusual attempt to shield children — often forgotten in the chaotic moments before and after arrests — from unnecessary “trauma” related to their parents’ detention.

While there is little reliable data to indicate how many children each year are in need of emergency placement because of parental arrests, [Deputy Attorney General James] Cole indicated that thousands of children could require such care.

“In addition to the legal consequences, protection of a child in these and related situations should also be viewed as an ethical, moral and pragmatic responsibility that serves the short-term and long-term interests of both law enforcement … and the communities they serve,” the IACP concluded in a report outlining the proposed guidelines to thousands of member police officials.

And here are some of the guidelines:

• Officers and agents should be required to determine the whereabouts of children during parental arrests.

A California Research Bureau report, cited by the IACP, found that only 13% of officers in California agencies routinely asked whether suspects had dependent children during arrests. Nearly two-thirds of state departments, according to the bureau, did not have policies to guide them on how or when to take responsibility of children during or after arrests.

• Children in need of emergency care, whenever possible, should be placed with other family members or close family friends, rather than social service agencies or police.

“Custody by a law enforcement agency or (child welfare systems) can have a significant negative emotional impact on a child, adding to the trauma of parent-child separation that the arrest may cause and possibly creating an enduring stigmatization,” the IACP report stated.

• Law enforcement and child welfare authorities should have agreements in place to assist in cases when emergency placement is necessary. In advance of police raids, child welfare officials should be part of pre-arrest planning when it is likely that children will be present at targeted locations.

“In some cases, where timing is not a critical concern,” the IACP report suggests, “an arrest may be postponed so that it will not be conducted in the presence of the child. If delay is not possible, arrangements should be made in advance to have additional law enforcement officers and or representatives from (child welfare services) … at the scene or on call.”


AND WHILE WE’RE ON THE ISSUE OF TRAUMA IN CHILDREN…

Nearly half of kids across the nation have experienced at least one trauma—an Adverse Childhood Experience (ACE)—according to a new report by the Child Trends research institute. The report used data from 95,000 households, and tallied eight different ACEs, including having a parent behind bars, economic hardship, witnessing violence at home, and divorce. Nationwide, 11% of kids experienced more than three ACEs (and 9% of kids in California).

KPCC’s Deepa Fernandes has more on the findings. Here’s a clip:

Experts say chronic early stress – or “adverse experiences” – in children’s lives can alter their emotional responses, their impulse control and even harm their developing brains.

For the study, researchers analyzed interviews from the 2011-12 National Survey of Children’s Health with more than 95,000 adults who had a child in their household…

Economic hardship was the most commonly reported stress children nationwide faced.

Child Trends has been compiling data about children’s well-being for years, but this is their first time using a large enough nationwide sample to make state-by-state comparisons.


THE REALITY OF THE SCHOOL-TO-PRISON-PIPELINE

At a commencement speech in a corrections facility, Gloria Ladsen-Billings (Kellner Family Chair of Urban Education at University of Wisconsin-Madison) once asked inmates how many of them had been suspended as a child. Every single one of them raised their hands.

Ladsen-Billings, in a talk with HuffPost’s Marc Lamont-Hill about racial disparity in suspensions, used this story to help illustrate how harsh school discipline creates a school-to-prison-pipeline, affecting kids into adulthood.

Here’s a clip from the accompanying text, but do click over to Huffpost and watch the video, which is part of a larger discussion that included Tunette Powell, the mother whose two toddlers have received a whopping 8 suspensions between them:

She explained that schools’ disproportionately large percentages of black student suspensions has less to do with white teachers not understanding the behavior of black students, and more to do with fear they bring into the classroom with them.

“The majority of suspensions are linked to what is called ‘non-contact behavior,’” she told Hill. “Kids get suspended for wearing a hat. Kids get suspended for rolling their eyes. Some of the referrals will say they were ‘disrespectful.’”

Billings explained that the danger of discrepancy between the severity of a punishment and the nature of the transgression plays out in students’ later lives.


LATEST IN THE NY TIMES MARIJUANA LEGALIZATION SERIES

In case you are following the New York Times’ editorial series about ending marijuana prohibition at the federal level, here is the latest offering.

Posted in juvenile justice, law enforcement, racial justice, School to Prison Pipeline, Sentencing, The Feds, Trauma, Zero Tolerance and School Discipline | 3 Comments »

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