Three Strikes Laws: The Myth of Jerry DeWayne Williams and His Pizza Slice

As California begins emptying prisons over the protests of voters, a powerful coalition of anti-incarceration activist groups are declaring victory over the quaint notion that people should be punished for crime:

Prison reform advocates such as Jim Lindburg, a lobbyist for the Friends Committee on Legislation, hope that the state’s first significant corrections-policy change in decades ushers in a whole new mind-set on crime.  “There’s really nothing scientific or magical about the length of prison sentences,” Lindburg said. “Those are political calculations made in a political environment. It seems preposterous to me to suggest that letting people out a little bit early is going to have any kind of (negative) impact on crime rates. I think we just need to change the way we think about public safety.” ... 

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Outrage: How, Precisely, Did Delmer Smith “try to go straight”?

The Sarasota Herald Tribune, a newspaper with an addiction to excusing, or at least minimizing, the behavior of the most violent criminals, just did it again.

In a front-page story on Delmer Smith, the brutal South Florida serial killer and rapist charged with yet another woman’s death last week, the paper boldly asserts that Smith “tried to go straight” after his release from prison.  Did he, really?  Is there proof for this fascinating claim?  They don’t offer any: they just say it’s so. ... 

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The Guilty Project, Wayne Williams: Still Guilty. And the Role of Child Prostitution in his Murders.

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To name all defendants Innocent Until Proven Guilty is a beloved tradition, and an ethical one, at least so long as the pontificating guardians of the reputations and feelings of criminals are willing to let it go once their clients have, in fact, been proven guilty.

Yet this is almost never the case.  Defense attorneys express a touching faith in the wisdom of the public and juries . . . until precisely the moment a guilty verdict is reached.  Then, like lovers scorned, they denounce everything about their former paramours: their intelligence, their morals, their identities, their actions, their collective and individual races.  All are fodder for the endless second act of criminal justice: the post-conviction appeal. ... 

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Media Bias in Crime Reporting: Hank Asher, the St. Pete Times, and Journalists’ Favorite Armed Robber (of the Week)

Two stories today underscore the media’s fundamental prejudices — prejudice against those who try to uphold the law, and prejudice for offenders.

In the St. Petersburg Times, there was a follow-up story to Susan Taylor Martin’s highly personal hatchet job on Mark Lunsford, father of murder victim Jessica Lunsford.  Back in November, Martin sneeringly attacked Lunsford for, among other things, having the temerity to earn $40,000 a year working as an advocate for child predator laws although, as she observed, he holds “only” a high school diploma.  She also criticized Lunsford for comping a $73 celebration at Outback Restaurant on the night the man who raped and murdered his daughter was convicted for her death. ... 

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What Does Mike Huckabee Have in Common With The Activists Who Supported Lovelle Mixon?

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In March, four police officers in Oakland California were gunned down while trying to bring child rapist Lovelle Mixon to justice.  On Sunday, four police officers in Parkland, Washington were gunned down by another child rapist eluding the law.

Here are the officers killed by Maurice Clemmons in Parkland, Washington on Sunday: ... 

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Journalistic Ethics Fortnight, Part 4: Vanity Fair’s Pedophilia Problem

Graydon Carter has a problem. How do you pose as a moralist while excusing your own history of peddling young flesh — and justifying the child-rape committed by your friend?

It’s a tall order.  Under Carter’s tutelage, Vanity Fair has acquired a strange fixation on certain types of photos of nude young women.  It’s simply weird how often the editor feels compelled to litter his pages with shot after shot of extremely youthful actresses in the buff surrounded by other people in clothes — also weird how vehemently and frequently he defends this basement-porn aesthetic in the magazine’s pages.  This tightrope act occasionally threatens to unravel beneath the weight of one too many coy verbal gestures toward the breasts of girls who could be one’s daughter, or rather grand-daughter.  But Carter just can’t seem to help himself. ... 

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Delmer Smith and the A.C.L.U.

Delmer Smith is now either being investigated or charged in 11 attacks on women and one on a man that occurred after he left DNA at a crime scene in 2008.  Had the FBI bothered to upload his DNA profile into their database in a timely manner, these 12 rape, murder, and assault victims would not be victims today.  For, if the FBI had done its job, Smith would have been identified the first time he committed a sexual assault after release from prison, and police would have known where to find him because he also had to register his address with the parole board.

Looking beyond the FBI’s screw-up, this case illustrates the importance of probation and registration requirements and of laws that require all convicted felons to give samples of DNA. ... 

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Not So Funny: Project Turn Around

So Al Sharpton, Andrew Young, Fulton County District Attorney Paul Howard, and Fulton Superior Judge Marvin Arrington walk into a courtroom. . .

There is no punchline.  They walked into a courtroom to hold yet another courthouse special event for yet another group of criminal defendants who were having their crimes excused, who then failed to avail themselves of all the special tutoring and counseling and mentoring provided to them in lieu of sentencing, all paid for by us, the taxpayers.  What is going on in the courts?  Here is the press release from Paul Howard’s office: ... 

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Judicial Outrage in Burke County(GA), and a Judicial “Oversight” Problem

I received the following e-mail last week from a woman named Jessica Brantley.  This is yet another outrageous story of judicial leniency — involving Jack Bailey, the man who killed Jessica’s father while high on drugs.  Judge Carl Overstreet gave the killer probation for vehicular homicide despite his previous record of DUIs.  Then he let him go on an out-of-state hunting trip (!) before the probation started.  Then he let him out of the probation early.  Then Bailey got nailed for DUI again.

What can we do to hold judges responsible when they act in this manner? ... 

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The Genesis of a Lie: How Brutal Killers Become Victims, Part 4

On September 4, the jury in the Denise Lee murder trial returned a verdict of death for the man who kidnapped, raped, and murdered her, Michael King.  The next day the Sarasota Herald Tribune ran a story detailing the travails King would face on death row, such as limited access to exercise and no air conditioning:

Air conditioning is forbidden on death row, so inmates mostly keep still.  “It’s awful,” said the Rev. Larry Reimer, who has visited for 27 years to minister to a death row inmate. “It is hotter there than you permit animals to be kept.” ... 

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The Genesis of a Lie: How Brutal Killers Become Victims, Part 2

With so many opportunities to exclude evidence, and so few ways to get it admitted, it is only the most unlucky offenders who ever see the inside of a courtroom.  This terrible reality is what many journalists and defense attorneys call the genius of our system, though, of course, it doesn’t feel that way when it is your daughter or wife begging for her life.

~~~ ... 

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Empathy for Murderers, Contempt for Their Victims

One day after the on-duty murder of Tampa Police Cpl. Mike Roberts, the St. Petersburg Times actually published a story bemoaning the killer’s hard life.

We learn that Humberto Delgado Jr. had insomnia, was good at fixing things, was a dad just like Roberts — well, not exactly, because he didn’t support his children and he murdered a police officer, but the Times is nothing if not relentless in its efforts to assert that offenders are as much the victims of the crimes they commit as the people they choose to victimize: ... 

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Risible Poppycock from the Criminology/Journalism Complex: The Sentencing Project and The Delaware News-Journal

It ought to take more than 25 seconds and two mouse clicks to find evidence that the media and The Sentencing Project are making stuff up.  It ought to, but it does not.

The Sentencing Project is a well-funded, powerful, anti-incarceration advocacy organization.  They pose as a think tank that publishes objective academic research on crime and punishment. ... 

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Crime Denial at the New York Times, Part 1: Regarding the Torture of (Some) Others

The New York Times is the most important newspaper in America, and that is unfortunate, for in their pages, ordinary criminals are frequently treated with extreme deference and sympathy, even respect.  Some types of criminals are excluded from this kid-glove treatment, but that is a subject for another day.  For the most part, ordinary (property, drug, violent, sexual) criminals comprise a protected class in the Times.  Even when it must be acknowledged that someone has, in fact, committed a crime, the newsroom’s mission merely shifts to minimizing the culpability of the offender by other means.

There are various ways of doing this.  Some have to do with selectively criticizing the justice system: for example, the Times reports criminal appeals in detail without bothering to acknowledge congruent facts that support the prosecution and conviction.  They misrepresent the circumstances that lead to (sometimes, sometimes not) wrongful convictions while showing no curiosity about the exponentially higher rate of non-prosecution of crimes. ... 

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The New Normal: Detroit

Seven teens were shot last week outside a school offering summer classes in Detroit.  Three were in critical condition.  A week earlier, another girl was shot in the chest outside another school.

Now the police are having trouble getting anyone to cooperate with them.  “The taboo against snitching is worse than the taboo against shooting,” the Detroit Free Press reported yesterday. ... 

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“National Network for Safe Communities” or More of the Same Old Song?

The newest hot thing in crime reduction is actually an old idea that has been tried again and again, at staggering cost, with little objective evaluation of the results.  It is now being re-packaged as an initiative called National Network for Safe Communities, and several large cities are already signing on.  The idea is to “reach out” to the most prolific criminals, the ones who control drug dealing and gang activities, and try to engage them in dialogue to get them to stop dealing, robbing, and shooting — before threatening them with prison.

To put it another way, cities overwhelmed by crime will hand over yet another get-out-of-jail-free card to offenders who already, in reality, have fistfuls of them.  Cities will reinforce the status and egos of the worst offenders by engaging them in “dialogue”  (predictably, some of these offenders will simply use their new status to grow their criminal enterprise, like this M-13 gang member/executive director of Homies Unidos, a “nationally recognized anti-gang group”).  Cities will create and subsidize larger numbers of expensive, redundant, slush-fund “job outreach programs” and “youth intervention initiatives” and “community summits” and “lock-downs service provision weekends” — more, that is, than even exist now. ... 

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An Important Law Georgia Still Does Not Have: Arrestee DNA Databasing

Back in the 1990’s, Georgia Lt. Governor Mark Taylor made it a priority to build the state’s DNA crime database.  He did this long before other states got on board, and for many years Georgia was rightly viewed as a leader in using DNA to solve violent crimes.  Taylor was driven by his strong commitment to victims of rape and child molestation who had been denied justice.  He did not heed the civil rights and convict rights lobbies who tried to stir up hysteria over using DNA to solve crimes (ironically, these same activists are howling over the Supreme Court’s utterly reasonable decision last week not to enshrine post-conviction DNA as a blanket, federal right, when 46 states already guarantee it, as even Barry Scheck admits: don’t believe virtually anything you read about this case on the editorial pages).

Taylor’s leadership on DNA databasing yielded an extraordinary number of database “hits” long before other states got their databases up and running.  In 1998, only convicted and incarcerated sex offenders were required to submit DNA samples in Georgia, yet 13 repeat-offender rapists were immediately linked to other sexual assaults, and scores of “unidentified offender” profiles were readied to be used if those offenders were finally caught and tested. ... 

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That Perception of Crime Thing

I stop by the convenience store near my house a few times a week. It is the only store for a few miles in either direction, on a rural stretch of highway.  There’s a stop light, the divided highway, a single train track, the convenience store, and then 55+ trailer parks, tomato fields, and cow pastures leading out to the bay.  If you drive south on the highway, you hit the county line.

In other words, it is a perfect target for crime.  Easy-in, easy-out, with little traffic and a good view of the people coming and going.  The women who work as cashiers there are world-weary.  They are bitter and fatalistic about the fact that they keep getting robbed.  When I spoke with one of them a few weeks ago, she seemed a little embarrassed that she was even upset about the latest armed robbery.  She looks like somebody who has had few breaks in life and has learned not to complain.  She stands less than five feet tall and might weigh 100 pounds soaking wet, as they say.  Like most of the store’s employees, including the security guard they have hired, she is a senior citizen.  Once you get to be in your sixties, it’s hard enough to find work. ... 

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Five Ugly Pieces, Part 5: Around Atlanta

Some mop-up for the week:

The Silver Comet Trail murder case is moving along despite efforts by the defense to derail it.  Tragically, Michael Ledford’s mother had tried to get her son put back in jail before Jennifer Ewing was killed: ... 

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The Right Rat: Groundless Accusations Towards Victims of Crime

Yesterday, I wrote about the hysteria that arises when crime victims seek modest rights, such as the right to know when their offender will be cut loose from prison (a shifting proposition — never shifting further ahead, either), or the right to offer a victim-impact statement at the same time the convicted offender is permitted to parade his supporters before the sentencing judge.

It is a measure of society’s disdain for the rights of victims that, even when such laws are on the books, they are spottily enforced and treated like an afterthought, not a rule of law. Our courts are in far worse shape than most people realize, as evinced by my earlier post today. The first causalities of this chaos, inevitably, are crime victims. ... 

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The “Benjy Brigade”, Part 1: Boston’s Finest Mount an Attack on an Elderly Victim of Rape

The theme this week is punitive attitudes towards victims of crime. At the most primal level, the mere existence of victims threatens to spoil all the fun that can be had as you lift your glass from the tray, turn to Professor Ponytail (who could dress better at these things), and say: “When I was mentoring at the federal pen last weekend I met the most inspirational young author — wrongly convicted, of course — we must do something about getting his poetry published. We must!”

Oh, the headiness. That Seventies Susan Sarandon vibe, edgy alchemy of righteousness and rebellion — what a shame if it were all interrupted by flashing on the pensioner in her wheelchair in ugly tan compression stockings, rope scars on her wrists from where the young poet had bound her so tightly the paramedics had to peel the phone cord out from under layers of swollen skin. ... 

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Vengeance or Injustice: Which Problem is Real?

From Nicholas Kristof, in Friday’s New York Times:

[W]hile we have breakthrough DNA technologies to find culprits and exculpate innocent suspects, we aren’t using them properly — and those who work in this field believe the reason is an underlying doubt about the seriousness of some rape cases. In short, this isn’t justice; it’s indifference. ... 

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Mission Creep: Burglars With Drug Problems. And Drug Courts With Burglar Problems. And Reporters With Truthiness Problems.

Atlanta is not the only city where recidivists with long records of serious crime are being permitted to avoid jail sentences because they are also drug addicts. From the Ithaca Journal, Ithaca, New York:

In a plea deal with prosecutors, a Groton woman charged with taking part in burglaries in three counties has been sentenced to time served, five years probation and ordered to attend drug court for local crimes. ... 

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Jean Valjean, Selling Crack to Pay Child Support?

The economy may be declining, but the marketplace of improbable claims is doing just fine. In this story from the ew York Times, a neighborhood advocate in Columbia, South Carolina, claims that the bad economy is driving men to sell drugs in order to meet their child support obligations:

“Why can’t we get a step up in patrol?” asked Mary Myers, president of the tenant association at the Gable Oaks apartment complex in the northern part of the city, condemning what she says is a marked increase in drug dealing and gang-related violence in recent weeks. ... 

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Tea and Sympathy: How Recidivists Get Away With Multiple Crimes.

Yesterday, I wrote about Russell Burton, who got away with violent sex crimes in two different states thanks to a sympathetic judge, an apathetic military command, and a psychopathic appeals system.

Burton is in good company. With sex offenders, in particular, there always seems to be somebody willing to step up and offer a helping hand. Such behavior is not limited to ladies who latch onto serial killers like frowsy pilot fish. Distinctively non-marginal people like college presidents and judges often assume the role of head cheerleader for some of the worst repeat offenders. ... 

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