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Zero Tolerance and School Discipline


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

February 23rd, 2015 by Taylor Walker

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

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

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

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

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

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

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

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

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

[SNIP]

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

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

Read the rest.


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

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

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

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

Here are some clips from Stoltze’s story:

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

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

[SNIP]

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

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

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


WHERE WE ARE WITH SCHOOL DISCIPLINE IN CA

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

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

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

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

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

He was technically suspended for “willful defiance”.

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

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

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


EDSOURCE LAUNCHES NETWORK TO CONTINUE COMBATTING EFFECTS OF HARSH SCHOOL DISCIPLINE

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

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

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

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

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

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

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

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

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


NEW YORK’S SURPRISING NEW EFFORT TO COMBAT PRISON RAPE

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

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

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

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

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

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

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

“Black Girls Matter,” Refugee Camps, Life as a Black Cop, LA Jail Suicides Down

February 9th, 2015 by Taylor Walker

BLACK GIRLS EXPERIENCE AS MUCH (OR MORE) RACIAL INEQUALITY AS BLACK BOYS, BUT DO NOT RECEIVE AS MUCH HELP

In the United States, black girls experience racially disparate school discipline at significantly higher rates than black boys (vs. white girls and white boys). US Department of Education data for the 2011-2012 school year reveals that while black boys are suspended three times more often than their white counterparts, black girls are suspended six times more often than their white peers.

In New York City and Boston, where more black kids are enrolled into the school systems than white kids, the disparity is even more stark. Black girls in NYC and Boston are 10 and 11 times more likely to be suspended than white girls, respectively.

A report from Columbia Law School and the African American Policy Forum, analyzed this data along with personal experiences from interviews with young black girls in New York City and Boston between 2012-2013.

Among other findings of the report, girls felt that zero-tolerance school policies were not conducive to a positive learning environment, and often dissuaded them from attending school altogether. Girls said that increased police and security presence, as well as metal detectors made them feel uncomfortable and less safe. Girls also reported receiving more severe discipline than boys for the same infractions.

A law professor at UCLA and lead author on the report, Kimberlé Crenshaw, said, “As public concern mounts for the needs of men and boys of color through initiatives like the White House’s My Brother’s Keeper, we must challenge the assumption that the lives of girls and women—who are often left out of the national conversation—are not also at risk.”

The report recommends equal funding for supporting girls and women of color as boys and men of color, as well as boosted data collection, research, advocacy, and programs.

Here are clips from a few more of the report’s findings…

The failure of schools to intervene in the sexual harassment and bullying of girls contributes to their insecurity at school:

Participants and stakeholders addressed the consequences of sexually harassing behavior, physical and sexual assault, and bullying. The emphasis on harsh disciplinary measures did little to curb such behavior. In fact, zero-tolerance policies sometimes exacerbated the sense of vulnerability experienced by girls because they feared they would be penalized for defending themselves against aggressive behavior. One participant recalled that her long history of suspensions and expulsions began with what she believed to be an unfair punishment in response to assaultive behavior by a male classmate:

This boy kept spitting those little spitballs through a straw at me while we were taking a test. I told the teacher, and he told him to stop, but he didn’t. He kept on doing it. I yelled at him. He punched me in the face, like my eye. My eye was swollen. I don’t remember if I fought him. That’s how it ended. We both got suspended. I was like, ‘Did I get suspended?’ I was, like, a victim.

Stakeholders observed that teachers were some times unprepared to resolve matters associated with sexually harassing behavior.

It was remarkable how teachers have a culture of sweeping it under the rug. They will say that ‘boys will be boys’; ‘this is sexual awakening.’ Yet they know all the gossip, they know all the stuff that is happening. . . . [T]hey even talked about girls feeling shamed coming to school, like they can’t concentrate because the boys are making comments – lewd comments – constantly pressuring them to have sex with them. Slapping their butts and bras, and just sort of forcing themselves on them against the wall or the locker. . . .

Girls sometimes resort to “acting out” when their counseling needs are overlooked or disregarded:

In environments in which discipline is foregrounded over counseling, girls who seek help in response to traumatic experiences or who have other unmet needs may gain the attention of school personnel only when they “show their face” (act out) in ways that prompt disciplinary intervention:

The only way they’re going to know there’s something wrong with you is if you show your face. If you try . . . to go in there, try to sit there, one on one, they can automatically think you’re there to waste time and not to go to class. It’s like they shutting down on us.

This point was augmented by stakeholders who noted that some of the behavior that triggers the suspension or expulsion of girls may reflect the consequences of untreated trauma. While the problem of undiagnosed needs is not exclusive to girls, their concerns may be harder to address prior to a punishable act:

I think girls tend to not express the trauma . . . and that is a big problem. In the school you focus on the people who are acting out so some are getting their needs met, but this doesn’t mean that those that aren’t acting out are not in need. It plays itself out later on. . .

…and recommendations:

Review and revise policies that funnel girls into the juvenile justice system:

The lack of counseling and other effective conflict intervention strategies leads many girls into contact with the juvenile justice system. Schools should review their current policies and develop more robust measures to ensure that student conflict is not unwarrantedly subjected to criminal sanctions.

Devise programs that identify the signs of sexual victimization in order to support girls who have been traumatized by violence:

Schools must train educators to identify signs of sexual abuse and respond with therapeutic interventions. In so doing, they should develop protocols and policies that streamline their responses to suspected instances of abuse.

Advance and expand programs that support girls who are pregnant, parenting, or otherwise assuming significant familial responsibilities:

Lack of childcare, strict attendance policies, unsafe campuses, and untrained administrators contribute to school push-out of pregnant or parenting girls. Schools, stakeholders, and advocates must work to create policies that are sensitive to the needs of pregnant girls as well as girls who take on significant caretaking responsibilities.


WHAT HAPPENS TO WOMEN AND CHILDREN REFUGEES WHO ENTER THE UNITED STATES

The NY Times Magazine’s current cover story by Wil Hylton takes a look at America’s controversial detention camps chock-full of women and children refugees fleeing from violence in Central America.

In these family camps, mothers are regularly held without bond (and without guaranteed legal representation), and kids’ health and schooling needs often go unmet.

Here’s how Hylton’s story opens:

Christina Brown pulled into the refugee camp after an eight-hour drive across the desert. It was late July of last year, and Brown was a 30-year-old immigration lawyer. She had spent a few years after college working on political campaigns, but her law degree was barely a year old, and she had only two clients in her private practice in Denver. When other lawyers told her that the federal government was opening a massive detention center for immigrants in southeastern New Mexico, where hundreds of women and children would be housed in metal trailers surrounded by barbed wire, Brown decided to volunteer legal services to the detainees. She wasn’t sure exactly what rights they might have, but she wanted to make sure they got them. She packed enough clothes to last a week, stopped by Target to pick up coloring books and toys and started driving south.

As she pulled into the dusty town of Artesia, she realized that she still had no idea what to expect. The new detention center was just north of town, behind a guard station in a sprawling complex with restricted access. Two other volunteers had been in town for about a week and had permission from federal officials to access the compound the following day.

Brown spent the night at a motel, then drove to the detention camp in the morning. She stood in the wind-swept parking lot with the other lawyers, overlooking the barren plains of the eastern plateau. After a few minutes, a transport van emerged from the facility to pick them up. It swung to a stop in the parking lot, and the attorneys filed on. They sat on the cold metal benches and stared through the caged windows as the bus rolled back into the compound and across the bleak brown landscape. It came to a stop by a small trailer, and the lawyers shuffled out.

As they opened the door to the trailer, Brown felt a blast of cold air. The front room was empty except for two small desks arranged near the center. A door in the back opened to reveal dozens of young women and children huddled together. Many were gaunt and malnourished, with dark circles under their eyes. “The kids were really sick,” Brown told me later. “A lot of the moms were holding them in their arms, even the older kids — holding them like babies, and they’re screaming and crying, and some of them are lying there listlessly.”

Brown took a seat at a desk, and a guard brought a woman to meet her. Brown asked the woman in Spanish how she ended up in detention. The woman explained that she had to escape from her home in El Salvador when gangs targeted her family. “Her husband had just been murdered, and she and her kids found his body,” Brown recalls. “After he was murdered, the gang started coming after her and threatening to kill her.” Brown agreed to help the woman apply for political asylum in the United States, explaining that it might be possible to pay a small bond and then live with friends or relatives while she waited for an asylum hearing. When the woman returned to the back room, Brown met with another, who was fleeing gangs in Guatemala. Then she met another young woman, who fled violence in Honduras. “They were all just breaking down,” Brown said. “They were telling us that they were afraid to go home. They were crying, saying they were scared for themselves and their children. It was a constant refrain: ‘I’ll die if I go back.’ ”

Do yourself a favor and read the rest of this fantastic (and lengthy) story.


SAN BERNARDINO COP ON WHAT IT’S LIKE TO BE A BLACK OFFICER IN THE US

As a black police officer in the city of San Bernardino, CA, Darren Sims is a minority on both sides of the badge.

According to 2011 Census data, San Bernardino has the highest poverty level of a city with a population over 200,000 in California, and the second highest nationally (behind Detroit). San Bernardino’s crime rates are also significantly higher than the state and national averages.

San Bernardino has struggled with creating a police department representative of the city’s population. Around 9% of SBPD officers are black, compared with a 15% black community. Latinos comprise just 28% of the police force, in contrast to 60% of citizens. And the department and city are 59% and 19% white, respectively.

In an interview with Bloomberg’s Esme Deprez, Sims shares what it’s like to be a black cop in San Bernardino. Here are some clips:

For Sims, the combination of black skin and blue uniform makes him feel, by turns, like a threat and a target. Last summer, his beat partner almost died after being shot in the head, an event that still haunts him. He empathizes with minorities who feel unfairly treated, yet he’s also been the target of their scorn. As an officer, he says, he upholds the law, regardless of a lawbreaker’s race.

San Bernardino, a city of 214,000 people 60 miles east of Los Angeles, has long been one of the most dangerous of its size. Things have gotten only worse after the city declared bankruptcy in August 2012. The police force has shrunk to 230 officers from more than 350. Homicides surged to 46 in 2013 from 32 in 2009.

Those numbers are why Sims, who grew up in nearby Riverside, wanted to join the department: Higher crime means more people in need of protection. In August 2013, he was sworn in, following stints counseling troubled youth at group homes, supervising park workers in nearby Moreno Valley and playing football at Kentucky State University.

Sims describes those drawn to policing as protectors of everyday citizens — sheep — from criminals intent on doing harm — wolves.

“Racism does exist,” he said recently, after an all-night shift. “I don’t believe it’s the underlying factor, the underlying thing, that drives law enforcement to oppress a certain person, a type of people, a certain demographic of people.”

[SNIP]

In uniform, his medium-brown skin invites taunts: Oreo, sellout, Uncle Tom. The ugly names have increased since Ferguson, Sims says. Now, as he approaches people, they’ll often raise both hands and say, “Don’t shoot,” as some witnesses said Michael Brown did.

“They don’t view us as being black,” Sims said. “They view us as being a cop.”

Those views were once his own. Growing up in a gang-infested neighborhood, Sims listened to rap music that glorified cop-killing, and shared his friends’ conviction that police were to be shunned. Now, on patrol, he is reminded of that sentiment by “187 SBPD” graffiti, referring to the penal code for murder and the San Bernardino Police Department….

The way to demolish barriers between police and community is a mutual exchange of respect, Sims says. He prides himself on talking with suspects as he would with his watch commander — or grandmother.


SUICIDES IN LOS ANGELES JAILS DECREASED BY HALF IN 2014

Los Angeles Sheriff’s Department data shows that inmate suicides dropped from 10 in 2013 to 5 in 2014. The decrease follows a year after the US Department of Justice released a report criticizing the county’s treatment of mentally ill inmates—with particular reference to the suicide count—and said it would seek a consent decree.

KPCC’s Andrea Gardner has more on the numbers. Here’s a clip:

Sheriff’s spokeswoman Kelley Frasier said deputies and mental health professionals have set suicide reduction as a top priority. For instance, after noticing a trend in higher rates of attempted suicide among inmates housed in “single-man cells,” she said they changed the practice.

“We came to the table and we said, ‘let’s make a conscious effort, let’s not put them in single-man cells,’ ” she said.

In other cases, more mental health teams were dispatched to check on isolated inmates more often.

Instances of serious self-harm—like cutting and attempted suicide—also dropped significantly in 2014 from 2013, to 71 from 110 documented cases.

Posted in Department of Justice, Education, immigration, LA County Jail, Mental Illness, racial justice, women's issues, Zero Tolerance and School Discipline | No Comments »

LA Supes Finally Approve 2 Foster Care Fixes….Can SF’s Community Court Halt the Revolving Door?….NYC Bans Solitary for Inmates Under 21….More on the “End of Gangs…..and the Pain of Losing Al Martinez

January 14th, 2015 by Celeste Fremon


AFTER MUCH STALLING BY THE OLD BOARD, THE NEW LA BOARD OF SUPES QUICKLY MAKES 2 NEW FOSTER CARE FIXES

It looks like those two new members added to the LA County Board of Supervisors have changed the mix enough to make a big difference when it comes to social issues. (Let’s hope it continues.)

To wit: On Tuesday, the board added two important–-and long-stalled—safeguards to the child welfare system.

The LA Times’ Garrett Therolf has the story. Here’s a clip:

After a year of stalled efforts to address breakdowns in Los Angeles County’s child protection system, the Board of Supervisors on Tuesday adopted two key recommendations of a blue ribbon commission established in the aftermath of a beating death of an 8-year-old Palmdale boy.

In what is believed to be the nation’s first program, the board voted unanimously to pair public health nurses with social workers to investigate every allegation of abuse involving children younger than 2, an age group identified as being the most at risk of fatalities from mistreatment.

The public health nurses will help medical and child welfare workers evaluate children and determine whether they are in danger of abuse or need immediate medical attention. Deploying the additional personnel is expected to cost $8 million annually.

Supervisors said they hope the nurses will help connect families with needed child healthcare and keep families together when appropriate. Initially, the nurses will be added to two child welfare offices serving areas in and around South Los Angeles.

Lack of adequate medical evaluations have been tied to some child fatalities in recent years. In 2008, 2-year-old Isabel Garcia starved to death — two months after social workers visited her and wrote that she appeared healthy, despite the toddler’s sharp weight loss.

The board also moved forward with a recommendation to ensure that children are taken to specialized county medical clinics for health screenings when a nurse in the field deems it medically necessary. The clinics are equipped with sophisticated equipment and staff trained to detect and document child abuse. To accommodate the increased health screening, the county is spending $2 million on additional clinic staff.

“The time is now to move on the blue ribbon commission’s recommendations. The protection and well-being of children in our care should always be top priority,” said Supervisor Mark Ridley-Thomas, who co-sponsored the motion with Supervisor Sheila Kuehl.

Now if the board will keep up the good work and move on the rest of the Blue Ribbon Committee’s recommendations, most notabley the hiring of a child welfare czar.

(cough) Judge Michael Nash (cough, cough)


SAN FRANCISCO TURNS TO COMMUNITY COURT TO BREAK THE INCARCERATION CYCLE

With a U.S. incarceration rate that increased more than seven-fold between 1980 to 2010, and national recidivism rates at 67.8 percent (and far higher for drug offenders), some of the nation’s more forward-looking communities have been turning to alternative forms of justice such as community courts as a means to stop the revolving door that keeps many low-level offenders cycling in and out of jail or prison.

But do such strategies work?

Community courts have many of the same purposes as regular criminal courts: reducing crime, protecting public safety, and ensuring due process. But unlike most criminal courts, community courts are particularly focused on improving outcomes for offenders by addressing some of the key factors that often underlie certain kinds of criminal behavior—-things like mental and emotional health issues, unemployment, substance abuse, and an unstable home situation.

With such variables in mind, the community courts attempt to match services—not just sanctions—with offenders.

The first community court opened its doors in the U.S. in 1991, in New York City. Now there are more than three dozen such courts in the nation.

California’s two main community courts are located in Orange County and in San Francisco.

San Francisco’s community court, which is known as the Community Justice Center (or CJC), opened in 2009 in the Tenderloin.

Those involved with the court believed from the beginning that they were seeing a drop in recidivism among the CJC’s clients. But were they really?

“Success can be hard to measure in community courts,” writes the Christian Science Monitor’s Henry Gass in a story that looks at the emerging national trend. “The most common criticism leveled against the community court system is that it is often unable to prevent relapses into criminal behavior….”

As a consequence, he writes, “criminal-justice researchers are trying to put together solid statistical evidence of how community courts are performing.”

With this in mind, the RAND corporation decided to take a statistical look at whether or not the CJC really cut the likelihood of returning to the criminal justice system.

RAND researchers analyzed approximately 10,000 cases involving 6,000 defendants that the court heard from its opening in March 2009, through December 2013. When matching the CJC offenders with a control population, they did their best to compare apples with apples, by looking at those who committed similar offenses in the same general geographic area, but before CJC opened. They also looked at those who committed similar offenses after CJC came along in 2009 but who, for some reason, didn’t get funnelled to community court.

The results were published in late 2014 and they were extremely encouraging. They showed that those tried in SF’s Community Justice Center were 8.9 to 10.3 percent less likely to be rearrested within a year than those non-CJC offenders tried in convention court. Over time, the stats got even better. It turned out that the likelihood of not being rearrested rose the longer the CJC people were out. Whereas for those tried in regular courts, the opposite was true; they were more likely to reoffend as time passed.

So why did SF community court system work? One of the study’s authors, Jesse Sussell, said that he and his co-author, Beau Kilmer, weren’t 100 percent sure how to answer that question.

“Policymakers in the United States are aware of the enormous potential gains to be had from reducing recidivism,” he wrote in a paper for Social Policy Research Associates. “They also know that the status quo approach for handling offenders has done a poor job of preventing re-offense…”

But as to why CJC having a better effect?

“We still don’t know precisely why the San Francisco CJC appears to reduce recidivism,” Sussell admitted. But he thought the fact that the program wasn’t a one size fits all system might have something to do with it. “The CJC itself is really a collection of interventions,” he said. “A suite of services,”—some to address addiction, others to address homelessness and other situational problems, and so on.

The court was also speedy, Sussell noted. “Community court participants are also ordered to report to the court much sooner following initial arrest (about one week) than are offenders processed by the traditional court (a month or more).”

Bottom line, the RAND researchers found the study’s results to be very promising, but they’d like to now drill down a bit and look at “the relative contributions of these different program components.”

Sounds fine to us.


NEW YORK CITY BANS SOLITARY FOR INMATES 21 OR UNDER AT RIKERS

In a move that startled many, members of New York City’s board of corrections voted on Tuesday—7-0—to eliminate the use of solitary confinement for all inmates 21 and younger, a move that it is hoped would place the city’s long-troubled Rikers Island complex at the forefront of national jail reform efforts.

Los Angeles County has yet to come close to such a sweeping decision—although in the last few years it has greatly reduced its dependence on solitary confinement in response to a raft of public criticism by juvenile justice advocates.

Michael Winerip and Michael Schwirtz have the story for the New York Times on Tuesday’s policy change.

Here’s a clip:

The policy change was a stark turnaround by the administration of Mayor Bill de Blasio [whose corrections guy supported the surprise move], which recently eliminated the use of solitary confinement for 16- and 17-year-olds but, backed by the powerful correction officers union, had resisted curtailing the practice more broadly.

Even the most innovative jails in the country punish disruptive inmates over age 18 with solitary confinement, said Christine Herrman, director of the Segregation Reduction Project at the Vera Institute of Justice. “I’ve never heard of anything like that happening anywhere else,” she said, referring to the New York City plan. “It would definitely be an innovation.”

The Correction Department has faced repeated criticism over the past year after revelations of horrific brutality and neglect of inmates at Rikers, the country’s second-largest jail system. Preet Bharara, the United States attorney for the Southern District of New York, is suing the city over the treatment of adolescent inmates at the jail complex.

[SNIP]

A large body of scientific research indicates that solitary confinement is particularly damaging to adolescents and young adults because their brains are still developing. Prolonged isolation in solitary cells can worsen mental illness and in some cases cause it, studies have shown.

Inmates in solitary confinement at Rikers are locked in their cells for 23 hours a day, with one hour of recreation, which they spend by themselves in a small caged area outdoors. A report published in August by Mr. Bharara’s office described the use of solitary cells for young people at Rikers as “excessive and inappropriate.” Inmates can be locked away for weeks and months and, in some cases, even over a year.

As of Jan. 9, according to recently released city data, there were 497 inmates between ages 19 and 21 at Rikers, with 103 of them held in solitary confinement.

“The majority of inmates in the 18- to 21-year-old cohort are young men of color whom we presume innocent under our laws because they are awaiting trial,” said Bryanne Hamill, one of the board’s strongest voices for eliminating solitary for young inmates. “The evidence showed that solitary confinement will not improve their future behavior, but will reliably convert anger and frustration today into rage and violence tomorrow.”

The president of NYC’s 9,000-member correction officers’ union, Norman Seabrook, said the plan would endanger correction officers by leading to more inmate attacks. Seabrook told the NYT that he planned sue the board for every guard assaulted.


SAM QUINONES ON “DEADLINE LA” TALKING ABOUT DRAMATIC REDUCTIONS IN GANG CRIME

For those of you who were interested in the discussion that resulted from Sam Quinones’ story for Pacific Standard magazine, provocatively titled “The End of Gangs,” you’ll likely enjoy listening to the podcast of Monday’s Deadline LA on KPFK, featuring Barbara Osborn and Howard Blume interviewing Quinones about whether or not the gangs are disappearing from LA’s streets and, if so, why.

As you may remember, Quinones’ story is thought-provoking and deeply reported, but also controversial.

For instance, we still find his analysis far too law-enforcement centric. And it has made gang experts nuts that, in discussing the gangs’ lessened grip on day to day life in our urban neighborhoods, his story completely left out the essential role played by non-profit programs that offer jobs and other crucial support to former gang members, plus the powerful effect of grassroots community involvement, along with a host of other factors that have contributed to the drop in gang crime.

Yet, all that said, Osborn and Blume ask some great questions. And Quinones’ highly informed answers having to do with the measurable successes gained by policing “smarter, not harder,” along with the LAPD’s brass enlightened move some years ago to treat the most violence-afflicted communities they police as partners, not adversaries—and other intriguing topics regarding the world of cops and gangs—are very much worth your time.

So, listen. Okay? Okay.


THE PAIN OF LOSING AL MARTINEZ

Al Martinez, LA’s glorious storyteller, our city’s bard, as the Huntington Library called him, our deeply humanistic, gloriously poetic and wildly funny chronicler of the zillion extraordinary and ordinary facets of life in Southern California, has left us.

Martinez died Monday at West Hills Hospital of congestive heart failure, said his wife, Joanne, when she called LA Observed’s Kevin Roderick, for whom Al wrote his last columns. He was 85 and had been suffering from chronic obstructive pulmonary disease.

Al wrote for the LA Times for 38 years—most notably as a columnist—before stupid management decisions forced him out during the worst of the Times’ staff purges, first once, then again. (After panicking at the furious response from readers, the Times rehired him after the first push out in 2007.)

Yet, the ongoing demand for his unique voice was such that Martinez easily placed his columns elsewhere after he parted with the Times, LA Observed being his last home.

He also wrote a string of non-fiction books, a novel and, since this is LA, after all, he wrote occasionally for television, when it suited him.

The LAT’s Valerie Nelson has a lovely obit on Martinez, and Roderick writes about his friend and columnist here, plus Al’s longtime friend and colleague, Bill Boyarsky writes his own tribute, “The Storyteller Exits.”

PS: Al settled himself and his family in Topanga Canyon when he moved to Southern California in the early 1970s. Thus, we who also make Topanga our home always felt that LA’s fabulously gifted teller-of-stories belonged to us personally. We understood we couldn’t keep him forever. Yet, losing him still seems unimaginable.

Posted in crime and punishment, criminal justice, gender, law enforcement, Life in general, Los Angeles writers, Police, Public Health, race, race and class, racial justice, School to Prison Pipeline, solitary, Violence Prevention, writers and writing, Zero Tolerance and School Discipline | 9 Comments »

Independent Investigations into Police-Killings, Restorative Justice in LA, Broken City Poets, and Streetcraft LA

January 12th, 2015 by Taylor Walker

STATES WEIGH ESTABLISHING OUTSIDE INVESTIGATION OF POLICE-INVOLVED DEATHS

Several states, including California, are considering legislative measures that would require outside investigation of killings by police officers, which are ordinarily investigated by the local District Attorney’s office. In the wake of non-indictments for the deaths of Michael Brown and Eric Garner, there is rising concern that the connections between county district attorneys and law enforcement agencies may create a conflict of interest.

If passed, the California bill, authored by Assemblymember Kevin McCarty (D-Sacramento), would transfer the investigation to a state Department of Justice panel that would then issue a recommendation to the local DA’s office as well as the California Attorney General. (Read more about the bill, which is still in its early stages, on Assemblymember McCarty’s website.)

New Jersey, Missouri, Colorado, and New York are all also looking into taking these particular investigation responsibilities out of the hands of district attorneys, following in the footsteps of Wisconsin where an independent panel must review officer-involved deaths.

But reactions to such legislation are mixed.

The Wall Street Journal’s Zusha Elinson has more on this interesting and complex issue. Here are some clips:

Maki Haberfeld, professor and chairwoman of the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice in New York, said that such changes don’t get at the real issues involved in American policing and use of force.

“Political decisions are based on how little I can pay to satisfy people: ‘Let me create a new entity and I will call it the special prosecutor or whatever,’ ” she said. “That’s a reactive approach, not proactive: There is a need to invest in recruitment, selection and training and then we will have less need for investigations.”

[SNIP]

William Johnson, executive director of the National Association of Police Organizations, said there is no need to pass laws such as the one in Wisconsin. “I think it would be better to have a common-sense approach and utilize outside agencies on an as-needed basis,” he said.

But Jim Bueermann, a former Redlands, Calif., police chief who heads a research organization called the Police Foundation, believes more states will follow Wisconsin.

“I just don’t see that it would be overly problematic for most police departments,” he said. “Best practices would indicate that you wouldn’t investigate yourself in criminal investigations.”

But Mr. Bueermann said that a balance must be struck, arguing that too much scrutiny of split-second decisions can have consequences on the streets. “When police feel they are being judged inappropriately or too harshly, there is a phenomenon called ‘de-policing’ and they stop being proactive and become entirely reactive,” he said.


RESTORATIVE JUSTICE TRANSFORMING LOS ANGELES SCHOOLS

As the restorative justice school discipline model spreads to school districts across the nation, suspension numbers are rapidly shrinking. Last year, in Los Angeles, suspensions were down 89% from five years ago, thanks, in part, to swapping out harsh zero-tolerance policies, and engaging students, their peers, and teachers in conflict resolution activities. And in 2013, the Los Angeles Unified School District mandated that all schools adopt the restorative justice system by 2020.

The AP’s Christine Armario tells the story of Augustus Hawkins High School in South LA, which was built in 2012, and has experienced a dramatic discipline turnaround in just a few short years. Here’s a clip:

In the last three years, Marcquees Banks has been taken out of class twice and sent to another school for getting into fights.

The third time he got into a scuffle, something different happened: A counselor at Augustus Hawkins High School in South Los Angeles pulled Banks and the other teen aside and told them they needed to talk.

Seated face to face, Joseph Luciani asked them to explain why they’d fought and how they felt — part of the school’s new approach to discipline that is catching on in urban districts and focuses more on students working out their differences with counselors than suspensions.

“I realized we had a lot of similarities,” said Banks, 17, who said his father is involved in a gang and his mother jobless.


YOUNG “BROKEN CITY POETS” USE POETRY AND JOURNALISM TO MAKE SENSE OF LIFE IN BANKRUPT STOCKTON, CA

The Center for Investigative Reporting and Youth Speaks (a non-profit that helps kids in SF and around the world find their voices through spoken-word poetry) together commissioned Bay Area slam poet and activist, Josh Merchant, to teach workshops mixing poetry and investigative journalism to Stockton kids.

The goal was to help kids find and use their voices to cope with issues in their struggling city. We encourage you to watch the resulting documentary, Broken City Poets (above), in its entirety.


DIVERTING LA TEENS FROM TAGGING INTO A SAFE SPACE FOR ART AND ENTREPRENEURIAL DEVELOPMENT

The Santa Monica non-profit, Streetcraft LA, redirects gifted young taggers from the streets, teaching them how to channel their talents to earn an income—selling their designs on clothing, wall art, and other merchandise. Streetcraft LA has provided a positive and profitable outlet to around 75 Los Angeles kids, who are either at risk or have spent time behind bars for tagging.

KPCC’s Adrian Florido has the story. Here are some clips:

Bobby Rodriguez started tagging when he was 13, spray painting illegal graffiti art from San Pedro to San Bernardino. Life in that world led to other illicit activity and several arrests…

Today, at 25, Rodriguez is an aspiring commercial artist, thanks in part to the efforts of a Santa Monica-based nonprofit called Streetcraft L.A.

Streetcraft co-founder Jonathan Mooney calls it a social venture, designed to show talented but troubled kids like Rodriguez that their art can be a source of legitimate income.

“There’s this misconception that graffiti is gang related,” Mooney said, adding that most is not. “It’s often creative young people who don’t have a different channel for their creativity.”

[SNIP]

In the two years since Streetcraft was founded, about 75 young artists have taken its classes, though the organization doesn’t track how many kids give up illegal tagging after going through its program.

Streetcraft co-founder Mooney said the nonprofit is also working to become something of a diversion program for kids arrested for graffiti.

“We have begun the process of building a relationship with folks in the juvenile justice system to see Streetcraft as a way to perhaps give a kid a second chance to apply that creativity in a different way,” he said.

Posted in journalism, juvenile justice, LAUSD, law enforcement, Prosecutors, Restorative Justice, writers and writing, Zero Tolerance and School Discipline | No Comments »

Two Cities on Opposite Ends of the School Discipline Spectrum, the Juvenile Justice and Delinquency Prevention Act, and Drugging Foster Kids

December 12th, 2014 by Taylor Walker

OAKLAND LEADING THE WAY ON RESTORATIVE JUSTICE

In 2007, an Oakland’s first restorative justice program was piloted at a middle school. That school improved student-teacher relations and reduced suspensions by 87%. Seven years later, nearly 30 schools in Oakland follow the restorative justice model, which fosters healing and conflict resolution between students and their teachers and peers. A forthcoming report shows that from 2011-2014, the Oakland Unified School District saw suspension rates drop by 40%, while academics and graduation rates improved.

Oakland is also dedicated to implementing restorative practices in the juvenile justice system. And families, communities, and police are working together to keep kids out of lock up.

In a guest commentary for the San Jose Mercury, Fania Davis, co-founder of Restorative Justice for Oakland Youth, shares some of Oakland’s powerful restorative justice triumphs, as it sets an example for the rest of California, as well as the nation. Here’s a clip:

Inspired by the successes of New Zealand’s Maori-influenced Family Group Conferencing, Oakland’s Community Works West has launched a restorative diversion pilot that is dramatically reducing recidivism.

The Oakland-based National Council on Crime and Delinquency is helping other jurisdictions initiate similar pilots.

Insight Prison Project is launching an in-custody restorative program. RJOY is pioneering a restorative re-entry model. The North Oakland Restorative Justice Council paints murals, plants trees, and facilitates healing circles after youth homicides.

Residents and police are working together to keep children out of prison. Police, probation officers, youth and others are being trained in restorative justice.

Youth and police are sitting together in healing circles, creating new relationships based on increased trust and recognition of one another’s humanity. Given the epidemic of police killings the nation is now grappling with, our work with law enforcement offers hope.


BUT OVER IN GEORGIA…

In stark contrast to the situation in Oakland, over in Atlanta, 12-year-old Mikia Hutchings faced serious criminal charges for writing on the walls of a bathroom at school after her family was unable to pay $100 in restitution. Through a deal with the state to have the charges dropped, Mikia was placed on probation and had to do 16 hours of community service. Mikia’s white friend who wrote on the walls with her, saw no legal consequences. Her parents were able to pay the restitution, and the girl received a few days suspension. And Mikia’s not the only one.

The NY Times’ Tazina Vega has Mikia’s story, and more on Georgia’s serious racial disparity in school discipline. Here are some clips:

To hear Mikia Hutchings speak, one must lean in close, as her voice barely rises above a whisper. In report cards, her teachers describe her as “very focused,” someone who follows the rules and stays on task. So it was a surprise for her grandmother when Mikia, 12, and a friend got into trouble for writing graffiti on the walls of a gym bathroom at Dutchtown Middle School in Henry County last year.

Even more of a surprise was the penalty after her family disputed the role she was accused of playing in the vandalism and said it could not pay about $100 in restitution. While both students were suspended from school for a few days, Mikia had to face a school disciplinary hearing and, a few weeks later, a visit by a uniformed officer from the local Sheriff’s Department, who served her grandmother with papers accusing Mikia of a trespassing misdemeanor and, potentially, a felony.

As part of an agreement with the state to have the charges dismissed in juvenile court, Mikia admitted to the allegations of criminal trespassing. Mikia, who is African-American, spent her summer on probation, under a 7 p.m. curfew, and had to complete 16 hours of community service in addition to writing an apology letter to a student whose sneakers were defaced in the incident.

Her friend, who is white, was let go after her parents paid restitution.

[SNIP]

Michael J. Tafelski, a lawyer from the Georgia Legal Services Program who represented Mikia in the school disciplinary hearing, and advocates for students say the punishment Mikia faced was an example of racial disparities in school discipline.

In response to the actions taken against Mikia, Mr. Tafelski said his office had filed a complaint with the Justice Department claiming racial discrimination and a violation of the Civil Rights Act. “I’ve never had a white kid call me for representation in Henry County,” Mr. Tafelski said.

“What kid needs to be having a conversation with a lawyer about the right to remain silent?” he said. “White kids don’t have those conversations; black kids do.”

According to Mikia, her only offense was writing the word “Hi” on a bathroom stall door, while her friend scribbled the rest of the graffiti. “I only wrote one word, and I had to do all that,” Mikia said in a recent interview. “It isn’t fair.”


BRINGING BACK THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

A bipartisan Senate bill to reauthorize and update the Juvenile Justice and Delinquency Prevention Act (JJDPA), which was first enacted in 1974 (and hasn’t been successfully reauthorized since 2002), was introduced Thursday.

The JJDPA gives states funding (into the millions) for compliance with these four requirements: do not detain kids for status offenses, work to reduce disparate minority contact with the justice system, keep kids out of adult facilities (with a few exceptions), and when kids do have to be kept in adult prisons, keep them “sight and sound” separated from adults.

The bill proposes important changes to the JJDPA. Over the course of three years, an exception to the rules allowing courts to detain kids for status offenses via a “valid court order” would be eliminated. The new bill also would require states to record and report data on issues like the solitary confinement of kids, the detainment of kids for status offenses, and how many offenses occurred at school.

Because the bill reauthorization was introduced by Senate Judiciary Committee members Chuck Grassley (R-IA) and Sheldon Whitehouse (D-RI) toward the end of the Senate’s session, it will have to be reintroduced next year.

The Chronicle of Social Change’s John Kelly has more on the bill. Here’s a clip:

In exchange for compliance with those requirements, states receive no less than $400,000 in federal funds, and more populous states typically receive millions. Forty-nine states at least try to comply with the act; Wyoming is the lone holdout.

The bill introduced today would phase out over three years the “valid court order,” an exception that permits courts to jail children for status offenses, which include truancy and running away.

While judges are not permitted under JJPDA to detain a youth directly for a status offense, a judge can issue a court order to any offender instructing them not to commit a status offense.

If the juvenile then commits one of the listed offenses, it would be permissible under the federal law to detain them. In 2012 alone, the exception was used more than 7,000 times, according to the Coalition for Juvenile Justice.

The bill would also require states to report data on several controversial issues regarding youth in detention or confinement. Among the reporting requirements:

- Use of restraints and isolation in juvenile facilities

- The number of status offenses who are detained, the underlying reason for the detention, and the average length of stay

- The number of pregnant juveniles held in custody

- The number of juveniles whose offenses occurred on school grounds


THINK TANK: WHAT TO DO ABOUT PHARMACEUTICALS’ TARGETING OF DOCTORS TREATING FOSTER KIDS

Last month, part three of Karen de Sá’s powerful series on drugging foster kids exposed pharmaceutical companies’ flagrant targeting of doctors who treat kids in foster care. (If you haven’t, go back and read that story, and parts one and two, here.)

California Healthline put together a think tank that includes advocates, officials, and physicians to answer how California should deal with this issue.

Here’s what Kimberly Kirchmeyer, executive director of the state medical board, had to say (but do go read the other contributions):

The Medical Board of California takes the issue of inappropriate prescribing very seriously. The board is committed to consumer protection, and enforces this commitment through the education and oversight of its physicians. The board is currently working with the California Department of Health Care Services and the California Department of Social Services to identify physicians who may be inappropriately prescribing medications to foster children.

It is very important, for this issue and other cross-cutting issues, that state agencies collaborate and work together to share information that will allow each agency to take the necessary actions against their licensees. In addition, working together on a “united front” to tackle such an issue can provide more comprehensive solutions in order to continue to protect California consumers.

The board encourages any individual, agency, media or court official to notify the board and file a complaint if they believe a physician may be inappropriately prescribing. The board needs to be notified in order to investigate and take appropriate action against a physician’s license who is found to be inappropriately prescribing medications. It is critical for the board to be involved in this issue, as the board is the only state agency that can take the appropriate action against a physician’s license and his/her ability to practice.

The board is thoroughly committed to addressing the inappropriate prescribing issue by taking the appropriate action when necessary and providing and disseminating education to physicians, consumers and other state agencies.

Posted in Foster Care, juvenile justice, Restorative Justice, Zero Tolerance and School Discipline | No Comments »

School Districts Misreporting Restraining Kids, Prop 47 Funding, Obama’s Law Enforcement $$$, and Jim McDonnell

December 3rd, 2014 by Taylor Walker

LA, NY, AND CHICAGO TELL THE DEPT. OF EDUCATION KIDS AREN’T RESTRAINED IN THEIR SCHOOLS…BUT IT DOES HAPPEN

It is required that every school district in the US reports how many times kids were restrained in school to the Department of Education. The requirement came about after a 2009 government report revealed that these restraints—mostly of kids with disabilities—resulted in tons of unnecessary injuries (and even deaths).

ProPublica’s Annie Waldman analyzed the data, and found that two-thirds of school districts said there were no instances of kids being restrained or held in isolation rooms. Big districts like Los Angeles, New York, and Chicago fell into this category.

LA Unified School District said there were no restraints, but does tally “behavior emergency interventions,” which can involve pinning down a child.

Here’s a clip from Waldman’s story:

The Department of Education declined to say whether they have penalized any districts for failing to report.

But underreporting appears to be rampant. Our analysis found that more than two-thirds of all school systems reported zero instances of restraining a student or isolating them in so-called “seclusion” rooms.

Many districts are not taking the reporting process seriously, said Claudia Center, a senior attorney for the American Civil Liberties Union.

“I think there needs to be a real cultural shift on restraints,” Center said. “It has been a really common practice in schools for decades. If [schools] had to write down how many times they actually do it, they would have to change what they’re doing.”

A spokesman for the federal Department of Education said if school districts fail to collect data on restraints, the government works with them to construct a plan to improve and could ultimately compel them to report by suspending federal aid until they do.

Huffman, the spokeswoman from Chicago’s public school system, said federal officials haven’t contacted school officials there about their missing data.

Los Angeles Unified School District spokeswoman Gayle Pollard-Terry, said that although the district reported zero instances of restraints, it keeps its own tally of incidents involving disabled children. Advocates say such actions, which are called “behavioral emergency inventions,” often come in the form of restraints. The Los Angeles Unified School District reported 103 interventions during the 2012 school year.


FUNDING THE CITY ATTORNEY’S OFFICE FOR INCOMING PROP 47 MISDEMEANOR CASES

Because Prop 47 downgraded a number of low-level felonies to misdemeanors, the City Attorney’s Office anticipates an influx of 13,500 new misdemeanor cases per year. (Before Prop 47, these cases would have been handled by the District Attorney’s Office.)

City Attorney Mike Feuer asked the city for $510,482 to hire more attorneys and staff to deal with the workload, as well as about $875,000 more per year, moving forward.

An LA Times editorial makes a really compelling argument in favor of City Council and Mayor Eric Garcetti approving that money request. Here’s a clip (but definitely read the whole thing, as it clarifies a number of things about Prop 47):

Many observers brush off misdemeanor convictions as unimportant because shorter sentences are too often not served at all due to jail crowding. But that’s part of what Proposition 47 is meant to fix. Thousands of inmates who formerly would have served multiyear terms in state prison are now serving that time in county jail cells because of the 2011 realignment law. Some of those will now see their sentences shortened, freeing up cells to allow each inmate to serve closer to his or her full sentence, while also relieving crowding in state prisons.

There is a discussion to be had about whether possession of some drugs should even be a misdemeanor, rather than an infraction such as marijuana possession, or even a crime at all — but Proposition 47 was not that discussion.

In the meantime, if misdemeanors — especially property crimes — are to be dealt with effectively, city attorneys in Los Angeles and elsewhere must have the resources to prosecute them. The crimes will continue to be committed and the police will continue to make their arrests. Prosecutors must continue to prosecute if the ballot measure is to work as intended.

Proposition 47 is expected to produce substantial savings, and some critics argued that a portion of that should go to cities to pay for exactly the kind of thing Feuer is seeking. It doesn’t. Lacey’s office will be relieved of part of its caseload, so it is arguable that the district attorney ought to relinquish funding to the city. Don’t hold your breath.

But the city may well realize savings from Proposition 47 too. That’s because misdemeanors require far less post-arrest time from police officers, who won’t have to wait at courthouses for hours, often on overtime, in order to testify at preliminary hearings.

Will that savings prove illusory, or will it be real and enough over the years to cover the city attorney’s new costs? Los Angeles residents and taxpayers deserve to know….


$263M FROM PRES. OBAMA FOR LAW ENFORCEMENT AGENCIES’ BODY CAMERAS, TRAINING, AND MORE

On Monday, President Barack Obama announced a plan to provide $263 million in funding to work toward improving relations between law enforcement agencies and communities. That figure includes $75 million for 50,000 body cameras for officers. Obama will also increase oversight of how local police departments use military equipment they receive through federal programs.

The Washington Times’ Dave Boyer has the story. Here’s a clip:

The president is also asking his administration to draft an executive order creating a new task force that will examine “how to promote effective crime reduction while building public trust,” a White House official said. The panel will be led by Philadelphia Police Commissioner Charles Ramsey and former Assistant Attorney General Laurie Robinson.

The $263 million for cameras and training would be used by the federal government to match up to 50 percent spending by state and local police departments on body-worn cameras and storage for the equipment. The White House estimates that aspect of the program, which would cost $75 million, would help fund the purchase of 50,000 body-worn cameras.

The remainder of the money would be used to underwrite police training and outreach programs targeted at building better trust between law enforcement and their communities.

Helping pay for body-worn cameras is a step in the right direction, but the real test will be whether local law enforcement agencies are willing to use the devices.

The National Journal’s Dustin Volz has more on the issue. Here’s a clip:

…It’s not just about money. A number of local police departments remain hesitant—if not downright skeptical—about body cameras, despite growing public demand and research that suggests positive benefits.

“At this juncture, it doesn’t change anything,” said Mike Puetz, a spokesman for the St. Petersburg Police Department in Florida, when asked about Obama’s funding pledge. “From our perspective, and I think for most agencies, we’re looking at the technology and looking at how it works in the real world regardless of who pays the bill.”


THE REFORM CHALLENGES FACING JIM MCDONNELL AS HE TAKES THE HELM OF THE LASD

LA Weekly’s Dennis Romero has an interesting story about the uphill battle newly sworn-in LA Sheriff Jim McDonnell faces to bring about real reform in the scandal-plagued department. Here’s a clip:

-Reforming the jails. The sheriff’s department runs the largest jail system in the country. One of the biggest problems with the system has been the department’s program of putting first-day rookies on lockup duty for two years before allowing them to hit the streets.

It can seed hatred and violence in budding cops.

McDonnell has said that’s one of the things he’ll change. But it will take some time. He’ll have to recruit people who actually want to work in jails, a different breed of officer.

Nonetheless, Bobb says, “The department on the custody side cannot wait much longer to have the reform.”

There are also widespread calls to reduce or even eliminate the time the some mentally ill inmates spend behind bars. They’re better treated in medical settings, the argument goes, and keeping them out of lockup could save taxpayers a lot of cash.

-Cracking down on beatdowns. Both inside and outside the jail system, the department’s way of dealing with cops accused of excessive force leaves much to be desired.

Eliasburg of the ACLU says that when it comes to “formal reviews of use of force, there’s a lot of work to be done.”

“Deputies should be made to know that if force is used it will be carefully reviewed and there will be consequences,” he said.

Posted in City Attorney, finance, Jim McDonnell, LASD, law enforcement, Obama, Zero Tolerance and School Discipline | 4 Comments »

André Birotte Gets Robed Up….Brown Foes Say Realignment Causes Crime But Stats Say Otherwise….When Mental Disabilities Lead to Harsh School Discipline….& PPOA McDonnell Interview, Part 2….

October 28th, 2014 by Celeste Fremon



ANDRÉ BIROTTE SWORN IN AS FEDERAL JUDGE

By 4 p.m. on Friday night, courtroom 650 at the Edward R. Roybal Federal Building —plus two overflow rooms—were absolutely jammed with judges, lawyers, higher echelon law enforcement types, local lawmakers and others, including U.S. Attorney General Eric Holder, all of whom had come to witness the formal investiture of André Birotte Jr as a United States District Judge.

Birotte, if you remember, was nominated to the federal bench by President Barack Obama on April 3, 2014, and confirmed unanimously by the Senate on July 22, 2014 (an impressive feat in itself, considering the current fractious state of that august body).

The son of Haitian immigrants, Birotte graduated from Tufts University in 1987 with a B.A. in psychology, then came to Southern California to attend Pepperdine University School of Law. He began his legal career in Los Angeles as a deputy public defender. In 1995, he moved to the prosecutorial side of things as an assistant U.S. Attorney.

In May 2003, the Los Angeles Police Commission unanimously selected Birotte to serve as the LAPD’s Inspector General at a time when the department was reeling disastrously from the aftermath of the Rampart scandal and struggling to redefine and reform itself. Birotte is generally acknowledged as a significant part of that reform.

In 2009, while he was still serving as LAPD IG, Birotte was nominated for the job of U.S. Attorney by President Barack Obama, after Senator Diane Feinstein strongly recommended him. Five years later, Feinstein again recommended him for the judgeship.

“In 15 years of [vetting] people for the senator,” said Trevor Daley, Feinstein’s state director who was tasked to check up on Birotte. “I’ve never gotten the kind of positive feedback on anyone as I did on André.”

Other speakers at the investiture were similarly effusive.

Birotte was a “champion on the individual as well as serving the underserved,” said former police commission chairman Rick Caruso. “Yet he never sought the spotlight.

Eric Holder praised Birotte for cracking down on public corruption and drug trafficking while also understanding that “we will never be able to prosecute and incarcerate our way to becoming a safer nation.” Holder also pointed to CASA, the sentencing diversion program that Birotte championed, “which serves as a model for smart on crime initiatives throughout the nation.”

Now Birotte would be “strengthening and making more fair the justice system to which he has given so much of his life,” said Holder.

When it came time for the newly-minted judge himself to speak, Birotte quoted a poetry fragment by poet Antonio Machado, that he said had influenced him.

…Wanderer, there is no road,
the road is made by walking.

Indeed, Birotte doesn’t appear to have set his sites on the positions he has attained as part of some grandly ambitious lifeplan. Instead, according to his own account, and the accounts of those who lauded him on Friday, he has arrived at the present moment by “walking,” as the poet suggests—a.k.a. by doing the work that appeared before him, while guided by a strong sense of justice and compassion.

In fact, if it had not been for his wife’s encouragement, Birotte told investiture crowd, “I’m not sure that I would have put myself out for these positions.”

Birotte thanked a long list of people (including his faithful group of morning workout partners at his gym). He confided to the crowd that among the most important talismans he brought with him into his new courtroom were “my father’s medical bag and one of the many purses that my mom would keep by her side.”

At the mention of his mom, who died just a few years ago, Birotte choked up visably. He struggled similarly when he told his wife how much she and their kids meant to him, and also when he thanked Judge Terry Hatter, who had been a longtime hero, and who swore him in. Each time, the “baby judge,” as he called himself, was refreshingly unapologetic for his unruly emotions.

Although the investiture began just after 4 p.m., more than three hours later guests still lingered at the post-ceremony reception in the Roybal building’s lobby, as if wishing to bask a bit longer in the evening’s prevailing sentiment—namely that this particular judgeship, thankfully, had landed in very good hands.


AS ELECTIONS HEAT UP BROWN OPPONENTS SAY REALIGNMENT MADE CALIF. COMMUNITIES LESS SAFE, BUT ACTUAL NUMBERS SAY OTHERWISE

As we noted yesterday, although realignment was not originally a big issue in this year’s gubernatorial campaign, now Jerry Brown’s opponents are bringing up the topic with increasing frequency. Yet, while critics’ contend that realignment has harmed public safety, the state’s still falling crime figures don’t agree. Still, when it comes to pointing to lasting victories for the governor’s signature policy, even Brown and other advocates admit that realignment is a complicated work in progress.

Don Thompson of the Associated Press has more on the story (via the Sacramento Bee). Here are some clips:

As Gov. Jerry Brown seeks re-election next month, Republicans say decisions he made to reduce prison overcrowding are endangering the public by putting more criminals on the streets.

About 13,000 inmates a month are being released early from crowded county jails while they await trial or before they complete their full sentences. More than 5,000 state prisoners had earlier releases this year because of federal court orders, legislation signed by the governor and a recently approved state ballot initiative.

Yet those statistics don’t tell the full story.

Crime rates statewide actually dropped last year and did so across all categories of violent and property offenses, from murder and rape to auto theft and larceny, according to the most recent figures from the state Department of Justice.

[BIG SNIP]

Even as crime rates have dropped, realignment is presenting challenges for counties throughout the state. The total county jail population in California has increased by nearly 11,000 inmates since realignment took effect in October 2011.

Probation departments now handle offenders whose most recent convictions are for lower-level crimes but who may have serious or violent criminal histories.

County officials also say they are ill-equipped to deal with other offenders who used to go state prisons, including those with mental illness and those serving multi-year sentences.

“The population most likely to be the most problematic is the population being funneled to the counties,” said Margarita Perez, who was acting chief of the state’s parole division before realignment took effect in October 2011 and now is assistant probation chief in Los Angeles County.

Despite the tougher population, probation officers said they are becoming better at handling those inmates.

“There’s more of a culture of tolerance, more of a culture of using any resources at your disposal to try to get this individual to turn around instead of a philosophy of lock them up,” Perez said.

Dean Pfoutz is one of those trying to benefit from the new emphasis on rehabilitation.

His roughly two decade-long criminal history includes a three-year prison sentence for assault and another eight years for an assault causing serious injury to a girlfriend. He most recently served 16 months for receiving stolen property.

Despite his violent past, he is being supervised by Sacramento County probation officers instead of state parole agents because his most recent crime, possession of stolen property, is considered a lower-level offense.

Pfoutz said he is benefiting from the county’s approach.

“It’s more hands-on here than parole. With parole, it’s like, ‘Just don’t get arrested,’” he said before attending a self-help class at the probation center he visits five days a week. “They’re pulling for us to do all right.”


SPECIAL ED LEADS TO THE JUVENILE JUSTICE SYSTEM FOR TOO MANY AMERICAN STUDENTS

Although much of the concern about the disproportionate use of over-harsh school discipline has been focused on students of color, experts are increasingly aware that kids with mental disabilities are also disproportionately pushed into the so-called school-to-prison pipeline.

Jackie Mader and Sarah Butrymowicz of the Juvenile Justice Education Exchange have the story. Here’s a clip:

Cody Beck was 12-years -old when he was handcuffed in front of several classmates and put in the back of a police car outside of Grenada Middle School. Cody had lost his temper in an argument with another student, and hit several teachers when they tried to intervene. He was taken to the local youth court, and then sent to a mental health facility two hours away from his home. Twelve days later, the sixth-grader was released from the facility and charged with three counts of assault.

Officials at his school determined the incident was a result of Cody’s disability. As a child, Cody was diagnosed with bipolar disorder. He had been given an Individual Education Program, or IEP, a legal document that details the resources, accommodations, and classes that a special education student should receive to help manage his or her disability. But despite there being a medical reason for his behavior, Cody was not allowed to return to school. He was called to youth court three times in the four months after the incident happened, and was out of school for nearly half that time as he waited to start at a special private school.

Cody is one of thousands of children caught up in the juvenile justice system each year. At least one in three of those arrested has a disability, ranging from emotional disability like bipolar disorder to learning disabilities like dyslexia, and some researchers estimate the figure may be as high as 70 percent. Across the country, students with emotional disabilities are three times more likely to be arrested before leaving high school than the general population.

…..The vast majority of adults in American prisons have a disability, according to a 1997 Bureau of Justice Statistics survey. Data hasn’t been updated since, but experts attribute the high percentage of individuals with disabilities in the nation’s bloated prison population – which has grown 700 percent since 1970 – in part to deep problems in the education of children with special needs.

In Mississippi and across the country, the path to prison often starts very early for kids who struggle to manage behavioral or emotional disabilities in low-performing schools that lack mental health care, highly qualified special education teachers, and appropriately trained staff. Federal law requires schools to provide an education for kids with disabilities in an environment as close to a regular classroom as possible. But often, special needs students receive an inferior education, fall behind, and end up with few options for college or career. For youth with disabilities who end up in jail, education can be minimal, and at times, non-existent, even though federal law requires that they receive an education until age 21.



PAY TO PLAY CAMPAIGN CONTRIBUTIONS—THAT’S CLEARLY CORRUPTION, SAYS JIM MCDONNELL IN NEW PPOA INTERVIEW

In Part 2 of the 3-part interview series that PPOA Prez Brian Moriguchi has conducted with Los Angeles County Sheriff candidate Jim McDonnell, the candidate talks about personnel issues, like promotion strategies, and other matters that have been subject to corruption at the LASD in the past—plus how he plans to “put the shine back” on the badge “that means the world” to so many officers.


ALSO, SEE REPORT ON WEEKEND FORUM WITH MCDONNELL BY FRANK STOLTZE

KPPC’S Frank Stoltze reports that Jim McDonnell, the frontrunner for Los Angeles County Sheriff, “…is not yet prepared to support subpoena power for a proposed citizen’s oversight panel, although authority watchdogs say is important to reforming the troubled department.”

Read the rest of Stoltze’s report here.

Posted in Board of Supervisors, Courts, Education, elections, Jim McDonnell, LA County Jail, LASD, Paul Tanaka, Realignment, School to Prison Pipeline, Sheriff Lee Baca, U.S. Attorney, Youth at Risk, Zero Tolerance and School Discipline | 2 Comments »

Attorney Fights for Justice and Mercy…When Arrests by Police Replace School Discipline….Analyzing Crime Reporting in America

October 21st, 2014 by Celeste Fremon


In the often disheartening world of criminal justice reform, Bryan Stevenson is deservedly a superstar.

Stevenson is a defense attorney who graduated from Harvard Law School, and founded the Equal Justice Initiative, a non-profit legal practice dedicated to defending the poor, the wrongly condemned, children who have been tried as adults, and others who have been most abandoned by the nation’s legal system. One of his first cases was that of Walter McMillian, a young man who was on death row for a notorious murder he insisted he didn’t commit.

Stevenson is also a law professor at NYU, the winner of a McArthur genius grant, and has argued six cases before the Supreme Court—two of which are of exceptional significance: He’s the guy who made possible the May 2010 Supreme Court ruling stating that it is unconstitutional to sentence kids to life without parole if they have not committed murder. Then Stevenson came back again two years later and, in June 2012, won the ruling that prohibits mandatory life for juveniles.

Now he’s written a book about his experiences with the justice system called Just Mercy: A Story of Justice and Redemption. It is being released on Tuesday, October 21, and is already generating a lot of enthusiasm.

Stevenson was on the Daily Show at the end of last week talking about the book and about justice in general. (See video above and extended interview here).

Then on Monday of this week, he was interviewed by Terry Gross on NPR’s Fresh Air.

Here are some clips from Fresh Air’s write-up about the show:

In one of his most famous cases, Stevenson helped exonerate a man on death row. Walter McMillian was convicted of killing 18-year-old Ronda Morrison, who was found under a clothing rack at a dry cleaner in Monroeville, Ala., in 1986. Three witnesses testified against McMillian, while six witnesses, who were black, testified that he was at a church fish fry at the time of the crime. McMillian was found guilty and held on death row for six years.

Stevenson decided to take on the case to defend McMillian, but a judge tried to talk him out of it.

“I think everyone knew that the evidence against Mr. McMillian was pretty contrived,” Stevenson says. “The police couldn’t solve the crime and there was so much pressure on the police and the prosecutor on the system of justice to make an arrest that they just felt like they had to get somebody convicted. …

“It was a pretty clear situation where everyone just wanted to forget about this man, let him get executed so everybody could move on. [There was] a lot of passion, a lot of anger in the community about [Morrison's] death, and I think there was great resistance to someone coming in and fighting for the condemned person who had been accused and convicted.”

But with Stevenson’s representation, McMillian was exonerated in 1993. McMillian was eventually freed, but not without scars of being on death row. He died last year.

“This is one of the few cases I’ve worked on where I got bomb threats and death threats because we were fighting to free this man who was so clearly innocent,” Stevenson says. “It reveals this disconnect that I’m so concerned about when I think about our criminal justice system.”

Yet the interview—which you can listen to here—is about much, much more.

So is Stevenson’s book, Just Mercy, as is made clear by this review by Ted Conover who wrote about the book for the New York Times Sunday Book Review.

(Conover is the author of the highly regarded “Newjack: Guarding Sing-Sing,” and other nonfiction books)

Here are some brief clips from Conover’s review:

Unfairness in the Justice system is a major theme of our age. DNA analysis exposes false convictions, it seems, on a weekly basis. The predominance of racial minorities in jails and prisons suggests systemic bias. Sentencing guidelines born of the war on drugs look increasingly draconian. Studies cast doubt on the accuracy of eyewitness testimony. Even the states that still kill people appear to have forgotten how; lately executions have been botched to horrific effect.

This news reaches citizens in articles and television spots about mistreated individuals. But “Just Mercy,” a memoir, aggregates and personalizes the struggle against injustice in the story of one activist lawyer.

[SNIP]

The message of this book, hammered home by dramatic examples of one man’s refusal to sit quietly and countenance horror, is that evil can be overcome, a difference can be made. “Just Mercy” will make you upset and it will make you hopeful. The day I finished it, I happened to read in a newspaper that one in 10 people exonerated of crimes in recent years had pleaded guilty at trial. The justice system had them over a log, and copping a plea had been their only hope. Bryan Stevenson has been angry about this for years, and we are all the better for it.

NPR has an excerpt from Stevenson’s Just Mercy here.


WHAT HAPPENS WHEN ARRESTS OF TEENAGERS REPLACE SCHOOL DISCIPLINE

According to the U.S. Education Department’s Office of Civil Rights, 260,000 students were turned over to law enforcement by schools in 2012 (the year with most-recent available data). According to the same report, 92,000 students were subject to school-related arrests that year.

Now that the most punitive policies of the last few decades are slowly being reconsidered, it is hoped that those arrest numbers will start coming down and that school police will be used for campus safety, not as a universal response to student misbehavior.

On Monday, the Wall Street Journal ran an extensively reported and excellent story by Gary Fields and John R. Emshwiller on the matter of using law enforcement for school discipline.

Here are some clips:

A generation ago, schoolchildren caught fighting in the corridors, sassing a teacher or skipping class might have ended up in detention. Today, there’s a good chance they will end up in police custody.

Stephen Perry, now 18 years old, was trying to avoid a water balloon fight in 2013 when he was swept up by police at his Wake County, N.C., high school; he revealed he had a small pocketknife and was charged with weapons possession. Rashe France was a 12-year-old seventh-grader when he was arrested in Southaven, Miss., charged with disturbing the peace on school property after a minor hallway altercation.

In Texas, a student got a misdemeanor ticket for wearing too much perfume. In Wisconsin, a teen was charged with theft after sharing the chicken nuggets from a classmate’s meal—the classmate was on lunch assistance and sharing it meant the teen had violated the law, authorities said. In Florida, a student conducted a science experiment before the authorization of her teacher; when it went awry she received a felony weapons charge.

Over the past 20 years, prompted by changing police tactics and a zero-tolerance attitude toward small crimes, authorities have made more than a quarter of a billion arrests, the Federal Bureau of Investigation estimates. Nearly one out of every three American adults are on file in the FBI’s master criminal database.

This arrest wave, in many ways, starts at school. Concern by parents and school officials over drug use and a spate of shootings prompted a rapid buildup of police officers on campus and led to school administrators referring minor infractions to local authorities. That has turned traditional school discipline, memorialized in Hollywood coming-of-age movies such as “The Breakfast Club,” into something that looks more like the adult criminal-justice system.

At school, talking back or disrupting class can be called disorderly conduct, and a fight can lead to assault and battery charges, said Judith Browne Dianis, executive director of the Advancement Project, a national civil-rights group examining discipline procedures around the country. Some of these encounters with police lead to criminal records—different laws for juveniles apply across states and municipalities, and some jurisdictions treat children as young as 16 as adults. In some states, for example, a fistfight can mean a suspension while in North Carolina a simple affray, as it is called, can mean adult court for a 16-year-old.

Unfortunately, it doesn’t end there.

Brushes with the criminal justice system go hand in hand with other negative factors. A study last year of Chicago public schools by a University of Texas and a Harvard researcher found the high-school graduation rate for children with arrest records was 26%, compared with 64% for those without. The study estimated about one-quarter of the juveniles arrested in Chicago annually were arrested in school.

Research by the University of South Carolina based on a multiyear U.S. Bureau of Labor Statistics survey, performed at the request of The Wall Street Journal, found those arrested as juveniles and not convicted were likely to earn less money by the time they were 25 than their counterparts. The study didn’t break out school arrests.

Another consequence: Arrest records, even when charges are dropped, often trail youngsters into adulthood. Records, especially for teenagers tried as adults, have become more accessible on the Internet, but are often incomplete or inaccurate. Employers, banks, college admissions officers and landlords, among others, routinely check records online.

Retired California juvenile court judge Leonard Edwards said the widespread assumption arrest records for juveniles are sealed is incorrect. The former judge, now a consultant with the Center for Families, Children and the Courts, an arm of the state court system, said his research indicates only 10% of juveniles nationally know they must request records be closed or removed.

But that process is complicated and varies from state to state. Even terms like expungement and annulment carry different meanings depending on the state. The process usually requires a lawyer to maneuver the rules and to file requests through courts.

“Our good-hearted belief that kids are going to get a fair shake even if they screwed up is an illusion,” Judge Edwards said.


CRIME REPORTING IN AMERICA: WE’VE GOT A LOT OF IT, BUT IS IT….GOOD?

“If it bleeds, it leads,” is the trope that has long guided a large portion of contemporary news gathering. As a consequence, while the news business continues to struggle to maintain comprehensive news coverage with diminished staffing, there is no shortage of crime reporting.

But, while there is quantity, is there quality? The John Jay Center on Media, Crime and Justice decided to find out. To do so, they conducted a content analysis of six U.S. newspapers over a four week period in March 2014. The study—which looked at the Detroit Free Press, the El Paso Times, the Indianapolis Star, the Camden (N.J.) the Courier-Post, the Naperville (Ill.) Sun and the Flint (Mi.) Journal—resulted in a report that was just released.

As it turned out, researchers Debora Wenger and Dr. Rocky Dailey found that quantity did not necessarily equal quality. In fact, the majority of the crime stories Wenger and Dailey analyzed lean strongly toward “just the facts, ma’am,” and offered little or nothing in the way of context or depth. Yet when it came to perceptions about crime in the city or state, the researchers noted that the news sources covered, the papers’ crime stories were very influential in shaping opinions, including those of lawmakers.

The Crime Report has more on what the study found. Here is a clip from their story:

What may be more surprising is how often stories rely on a single source. About 65 percent of the crime and justice stories overall referenced just one source of information.

At the Camden paper, for example, 84 percent of stories had one reported source, as did 55 percent of those published in The Indianapolis Star.

At every publication in the study, law enforcement officers were the most commonly cited sources by a wide margin, with court representatives, including judges and prosecutors, coming in a distant second. Fox agrees this heavy reliance on the official point of view is one of long standing.

News media tends to take the official side, the prosecution side – this doesn’t surprise me – when a case emerges in the news, that’s often the only side available to the reporter,” said James Alan Fox, a criminologist at Northeastern University in Boston.

Eric Dick, breaking news editor at the Star, told researchers the newspaper likes to add more points of view to stories whenever possible; but for every enterprise story, there are undoubtedly many more briefs.

“I think there are three factors involved. One is the amount of crime: information is readily available that rises to the threshold you need to do a story, but you wouldn’t be able to develop all of them,” Dick said.

The authors of the study said more research could further “quantify whether there is more or less crime coverage occurring in today’s daily metropolitan newspapers than in the past.”

Pointing out that, according to a 2011 survey by the Pew Research Journalism Project, 66 percent of U.S. adults say they follow crime news—with only weather, breaking news and politics garnering more interest—they said such research was “a critical tool for editors, journalists and policymakers” at a time when the criminal justice system was the focus of intense national debate.

“It is imperative that the audience gets the most contextualized and well-sourced coverage possible,” Wenger and Dailey wrote.


Posted in Civil Rights, crime and punishment, criminal justice, Education, Future of Journalism, Innocence, race, race and class, School to Prison Pipeline, Zero Tolerance and School Discipline | 3 Comments »

School Discipline, LAPD Chief’s Difficult Decision About Controversial Detective, Prop 47, and Vote!

October 20th, 2014 by Taylor Walker

THIS AMERICAN LIFE TAKES A CLOSER LOOK AT SCHOOL DISCIPLINE PRACTICES

This past weekend, in a show called “Is This Working?” American Public Radio’s This American Life broadcast a story about school discipline—two different methods in particular—and whether or not they work for kids.

The TAL episode begins by exploring racial disparity in school suspensions and expulsions for infractions like “disrespect” and “willful defiance,” and the school-to-prison pipeline.

Reporter Chana Joffe-Walt talks with writer Tunette Powell and her sons JJ (5) and Joah (4), who have received eight suspensions between them (and whose story we shared here).

And in the second half of the program, host Ira Glass and Joffe-Walt tell of two completely different endeavors to change the way schools discipline kids.

The first is a system of charter schools tailored to poor and minority kids. The charter schools first started popping up around 20 years ago, and boasted strict, methodical discipline coupled with long school days, and a slogan telling kids to “sweat the small stuff.”

The first generation of kids to enter these schools are now adults, and one of these students, Rousseau Mieze, shares his experiences, good and bad, with TAL. For instance, he was suspended on his second day for celebrating a perfect score on a math test, and was frequently disciplined thereafter for talking out of turn. Half of the first class dropped out before the end of the school year, but Rousseau went on to graduate college and is now a teacher at charter school that applies similar discipline methods.

Conversely, another discipline movement has been slowly sweeping through schools across the nation: restorative justice, a model based on healing and conflict resolution between students and their teachers and peers.

The full episode is quite good and worth listening to, even if you are familiar with school discipline issues.


LAPD CHIEF CHARLIE BECK FACES TRICKY DECISION ABOUT DETECTIVE’S FATE

While speaking at an LAPD training class, Detective Frank Lynga went on a vulgar tirade that included, among other things, calling black civil rights attorney Carl Douglas a “little Ewok,” saying a female captain was “swapped around,” and calling a certain lieutenant a “moron.”

Now Chief Charlie Beck must choose whether to merely punish Lynga, or fire him, as a department board of rights panel has recommended. And it’s a complicated decision because whichever way Beck moves, there will be constituencies who are upset. It is further complicated by the fact that Chief Beck did not fire officer Shaun Hillman who allegedly pulled a gun on a man and used a racial slur during a bar fight (which critics presume was because of his high profile uncle, a former LAPD deputy chief).

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

Frank Lyga claimed that he drove his Jeep in the carpool lane at 100 mph, called a prominent black civil rights attorney an “ewok,” quipped that a female LAPD captain had been “swapped around a bunch of times” and described a lieutenant as a “moron.”

Then he recalled his fatal 1997 shooting of a fellow officer, an incident that sparked racial tensions within the department because Lyga is white and the slain officer was black.

“I could have killed a whole truckload of them, and I would have been happy doing it,” Lyga recounted telling an attorney representing the officer’s family.

Nearly a year after Lyga gave his controversial training lecture, LAPD Chief Charlie Beck must choose whether to follow a disciplinary panel’s recommendation issued this week to fire the detective or reduce his punishment and let him keep his job.

The decision presents the chief with one of his biggest tests since his August reappointment to a second five-year term and is likely to reignite criticism of how he handles officers’ discipline. Beck has clashed with his civilian bosses and rank-and-file officers on the issue, with some accusing him of being inconsistent.

On Friday, black civil rights advocates called on Beck to fire Lyga, saying that the narcotics detective’s comments were racist and sexist and should not be tolerated. Meanwhile, Lyga’s supporters say that he is genuinely remorseful, and note that Beck recently rejected another disciplinary panel’s recommendations to fire a well-connected officer who was caught uttering a racial slur.

“This is a police chief’s nightmare,” said Merrick Bobb, a policing oversight expert.


FURTHER PROP 47 READING: ENDORSEMENTS AND CRITICISMS FROM NEWSPAPERS AND JUSTICE SYSTEM LEADERS

A former Santa Barbara County Superior Court judge, George Eskin, urges voters to pass prop 47. In an op-ed for the Santa Barbara Independent, Eskin, who is also a former assistant DA in SB and Ventura, says that “wobblers”—charges that could be designated as either misdemeanors or felonies—are often filed as felonies by DAs and are later reduced to misdemeanors, creating a needlessly expensive legal process. Here’s a clip from his case for Prop 47:

I was a prosecutor and a defense attorney for 35 years before serving a decade as a judge on the Santa Barbara County Superior Court. In these experiences, I have seen how far we have strayed from sound criminal sentencing policies.

This is especially true of low-level offenses, many of which can be prosecuted as either a felony or a misdemeanor. District attorneys decide which classification to file, and a judge has no authority to influence their decision. DAs routinely file these cases as felonies, even though they are likely to conclude with a misdemeanor disposition.

The end result of this costly process, a misdemeanor conviction, does not justify the financial expense and the valuable resources invested by police, prosecutors, and the courts, and the ability to investigate, prosecute, and adjudicate serious and violent crimes is compromised.

And even if a felony conviction stands for these nonviolent offenses, the “felon” label will serve as an impediment to future employment and education opportunities, not to mention the obvious loss of employment and interruption of education and family life while someone is on trial or incarcerated.

UT San Diego, however, is urging voters not to pass 47, saying that while the state’s prison population and recidivism rates do need to be reduced, and our “tough-on-crime” policies did not work, Prop 47 will not solve these problems. Here’s a clip:

Stealing any handgun worth less than $950, now a felony, would automatically be a misdemeanor — and nearly all stolen handguns are worth less than $950; the language is so loose it would even make possession of date-rape drugs a misdemeanor; and the provisions for shoplifting and bad checks could cost retailers and consumers millions.

Finally, the prison money that would be saved and diverted to treatment programs, schools and crime victims — Lansdowne estimated it at $100 million to $200 million — is peanuts for a state the size of California. Which means thousands of criminals would be back on the streets where they would still not get treatment for their mental health disorders or their addictions.

Another former Superior Court judge, Harlan Grossman, who is also a former prosecutor and an FBI agent, in an op-ed for the Contra Costa Times, calls the measure “long overdue” and says it will help the state meet prison population reduction goals as well as save much-needed court resources to use on more serious criminal cases. Here are some clips:

Realignment significantly reduced overcrowding in our state prisons, but the number of inmates has been creeping back up over the past two years.

Without some additional sentencing changes, we will fall short of the goal of prioritizing jail and prison space while also making our justice system more equitable and fair. Fortunately, Proposition 47 could move us forward toward that goal.

[SNIP]

Another benefit of making these offenses misdemeanors is that it should lead to a quicker resolution of these cases, freeing up scarce resources to address the more serious offenses that threaten the safety of our communities.

KPCC has a short and sweet Prop 47 FAQ list with bullet points on what the measure would do, if passed, and why it’s different from current laws.


REGISTER! VOTE!

By the way, today, October 20, is the cut-off to register to vote in the November 4 election. Go register! Quick! You can fill out the online application here.

Posted in LAPD, race and class, Restorative Justice, School to Prison Pipeline, Sentencing, Zero Tolerance and School Discipline | 6 Comments »

State Urged to Intervene at Two More LA High Schools, Kern County School Discipline Lawsuit, Prop 47′s LA Savings, and PPOA Interviews McDonnell

October 17th, 2014 by Taylor Walker

TWO MORE LA HIGH SCHOOLS NOT GIVING KIDS NEEDED CLASSES, STATE CALLED ON TO STEP IN

On the same day that beleaguered LAUSD Superintendent John Deasy announced his resignation, the ACLU and Public Counsel filed a report at Alameda County Superior Court urged the state to intervene at two more LAUSD schools—Dorsey and Fremont—for failing to educate students.

Last week, Alameda County Superior Court Judge George Hernandez Jr. ordered LAUSD to work with the state to come up with a plan to fix Jefferson High School’s scheduling system that was giving kids filler classes and sending them home early with minimal instruction. (Read that story, here.) On Tuesday, the state board of education approved the school district’s $1.1 million plan to fix the Jefferson crisis.

Jefferson and Fremont high schools are named in a class action lawsuit filed by the ACLU and Public Counsel, Cruz v. California, challenging the state’s failure to provide an adequate education to kids attending nine schools in LA, Compton, Contra Costa, and Oakland.

KPCC’s Annie Gilbertson has more on the new action. Here’s a clip:

Judge George Hernandez Jr. ordered state and local officials to intervene at Jefferson High School on Oct. 8. Less than a week later, Los Angeles Unified officials presented a plan to reschedule students, add more classes and lengthen the school day a half hour so students could catch up on lost time.

The state board on Tuesday approved $1.1 million to pay for the fixes.

The ACLU and Public Counsel found students Dorsey and Fremont high schools are also enrolled in courses they already passed, working as aides or going home early rather than being challenged academically.

In a status report filed in Alameda County Superior Court Thursday, attorneys argued Los Angeles Unified officials haven’t done enough to identify students losing learning time and haven’t clearly stated how they’ll fix the problem.

“Plaintiffs are further investigating the remaining high schools in this litigation and will be taking steps to seek prompt relief for all students at these schools, who like students at Jefferson, have been and continue to be deprived of instruction time due to assignment to course periods with no content or failure to finalize an appropriate master schedule in advance of the school year,” according to the filing.


AND OVER IN KERN COUNTY…A LAWSUIT AGAINST HARSH DISCIPLINE FOR MINORITY KIDS

Last year, we shared Susan Ferriss of Center for Public Integrity’s stories about Latino kids (many English-learners) and black kids in Kern County receiving disproportionate punishment and transfers to remote alternative schools and independent study.

Late last week, a lawsuit against Kern County School District was filed on behalf of a number of the kids in Ferriss’ stories. The suit says the district declined to fix racially disparate practices in accordance with California’s new discipline reforms.

Kern is also accused of misreporting expulsions as transfers, as well as “tricking” and “coercing” parents into waiving kids’ due process rights, allowing the school to immediately transfer disciplined students to alternative schools.

The suit was filed by a number of non-profit and advocate groups including, California Rural Legal Assistance and the Mexican American Legal Defense and Educational Fund [MALDEF].

Here’s a clip from Susan Ferriss’ latest story on the issue:

…the suit accuses the Kern High School District of failing to comply with new state discipline policies and adopt alternative practices designed to diffuse problems without resorting to kicking kids out.

The suit also accuses the district of labeling students that its regular campuses kick out as “involuntary” or “voluntary transfers” instead of expulsions that must be reported to state and federal databases.

The suit notes that the district — under scrutiny after media reports — did cut its expulsions from 2,040 in 2011 to 256 students in 2013. But the groups argue that enrollment has not declined at alternative schools because of continuing transfers of students that parents — many of them limited English speakers — agree to authorize without fully understanding other options.

The district, the suit alleges, “has implemented a ‘waiver’ system, under which students and parents are convinced through intimidation, coerced or tricked into waiving the due process protections accompanying formal discipline and accepting immediate placement in alternative schools.”

The suit also argues that stark ethnic disparities persist among kids officially expelled from Kern’s high schools.

During the 2012-2013 school year, according to the suit, 67 percent of black students who were expelled were kicked out for infractions that did not include physical injury, possession of drugs or weapons. Only 42 percent of white students expelled were removed for similarly less serious infractions.


MORE PROP 47 STATISTICS ON COUNTY SAVINGS, AND MORE

The Center for Juvenile and Criminal Justice has issued a new report on estimated savings and jail population reductions each California county can expect if Prop 47 passes next month. (If you’ve forgotten, Prop 47 would reclassify certain low-level drug and property offenses from felonies to misdemeanors, incurring punishments like probation and treatment, or a max of one year in jail, instead of more lengthy prison sentences.)

The CJCJ brief says Los Angeles would likely save between $100-$175 million, free between 2,500 and 7,500 jail beds, and affect nearly 10,000 offenders.

For further Prop 47 reading, the San Jose Mercury News’ Tracy Kaplan has more on the measure’s proponents, which include three three county district attorneys, Newt Gingrich, and a retired SD Police Chief, as well as opponents, which include other DAs and peace officer associations.


PPOA INTERVIEWS LA SHERIFF CANDIDATE JIM MCDONNELL

A new 33 minute interview by Brian Moriguchi, the president of the Professional Peace Officers Association (PPOA), with Los Angeles Sheriff-hopeful, LBPD Chief Jim McDonnell, addresses questions about issues like civilian oversight, leadership, transparency, and field deputy positions. The interview is the first installment in a three-part interview with McDonnell. Watch the entire first video above.

Posted in ACLU, Jim McDonnell, LASD, LAUSD, Sentencing, Zero Tolerance and School Discipline | 26 Comments »

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