Leniency Lunacy: Atlanta’s CBS News Tackles Recidivism, Judicial “Discretion,” and Fulton County Prosecutors Going Easy on Repeat Offenders

Hat tip to Paul Kersey:

Atlanta CBS News Investigative Reporter Joanna Massey dissects the problems in the courts.  This is thoughtful reporting (here is part 2), and hopefully there will be follow-up on points raised by the story, such as: ... 

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Murder by Anti-Incerceration Activism

From a City Journal article by Heather Mac Donald.  How the murder of 17-year old Lily Burk could have been prevented:

The recent arrest of a vicious murderer in Los Angeles vindicates—tragically, only after-the-fact—several policing and sentencing policies that anti-law-enforcement advocates have fought for years. . . ... 

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The Tech Crime Wave. What Can Be Done. What Can’t Be Done.

What can be done about crime in the neighborhoods around Georgia Tech?  As reported by the AJC, the youths who have been arrested — and the ones who are yet to be caught — are perhaps the most dangerous type of criminal: immature and armed.  As James Fetig, an administrator at Georgia Tech, observed:

“[o]ne concern is the age of the criminals. Police tell us they are between 16 and 19,” Fetig said. “This is not a time when young men tend to consider consequences. We are very concerned that one of these robberies could go terribly wrong and have terrible consequences.” ... 

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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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Five Ugly Pieces, Part 4: Britteny Turman, Grace Dixon, and Frank Rashad Johnson Denied Justice in Atlanta

On Sunday, May 10, the Atlanta Journal Constitution published an article by Bill Torpy that raises troubling questions about what is going on in Atlanta’s courtrooms.  Like this April 10 story by Steve Visser, Torpy’s story focuses on an element of the justice system that receives less attention than policing but is arguably far more responsible for the presence of dangerous felons on Atlanta’s streets: the choices, both legal and administrative, made by Atlanta’s judges.

We invest judges with extraordinary power.  We allow judicial discretion in all sorts of sentencing and administrative decisions.  Legislators have tried to limit judges’ discretion in recent years by imposing minimum mandatory sentence guidelines and repeat offender laws.  But Georgia’s sentencing guidelines still give judges far too much latitude to let criminals go free.  Also, far too many judges have responded to this legislative oversight (aka, the will of the people) by simply ignoring the intent, and even the letter, of those laws. ... 

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Bloody Outrage: Another Murder That Could Have Been Prevented — Updated

CORRECTION TO THE ORIGINAL ARTICLE:  A reader informed me that the names of judges currently presiding over a court division in Florida attach to previous cases from that division — therefore, the judge listed online may not be the same judge who meted out a previous sentence in that division.  I have corrected the following story to reflect this.

Why this happens is another issue.  There ought to be real transparency in court proceedings, and it shouldn’t require a trip to the courthouse or a phone call to sometimes-unresponsive clerks to discover how a particular judge ruled on a particular case — who let a sex assailant and child abuser go free, to kill another victim, for instance. ... 

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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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Justice Delayed + Tax Dollars Wasted = Justice System Starved

Apparently, while it may be hard to be a pimp, as the popular song goes, it isn’t particularly hard to be a defendant in a child molestation case:

DragonCon founder’s health might keep him from standing trial

Edward Kramer was charged in 2000 with molestation children

The Atlanta Journal-Constitution ... 

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Lavelle McNutt: Another Serial Rapist Allowed to Walk the Streets of Atlanta

Last week, I wrote about Lavelle McNutt, a serial rapist given many second chances. His Georgia Department of Corrections record is a record of something else, as well: our failure to imprison repeat offenders, even after the 1994 sentencing reform law was passed.

As the Atlanta Journal Constitution reported a few weeks ago, McNutt’s first adult rape conviction, for two separate rapes in New York State, occurred in 1976, just after he turned 18. When you see an 18-year old convicted of a serious offense, you have to wonder about the contents of his sealed juvenile record: 18-year olds don’t wake up one day, break into the first house they see, and rape the occupant. They usually start experimenting with sexual abuse early in adolescence, victimizing their siblings, peers, and other easy targets. How many children and young women had already been sexually assaulted by McNutt by the time he aged out of the juvenile system? ... 

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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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Recidivist Chutes and Ladders: The Russell Burton Record

The children’s board game, Chutes and Ladders, offers a clearer template for understanding our criminal justice system than a hundred studies put forth by academicians and think tanks.  Here is one example:

Russell Burton, who has been called a “Ted Bundy in the making,” was born in 1967.  According to the Los Angeles Daily News, when Burton was 17, he was arrested in Lancaster, California and charged with “breaking into a woman’s apartment and fondling her in bed.”  “Fondling” is a troubling term here: you fondle your child, or a puppy.  When you break into a woman’s house and try to rape her, that isn’t “fondling.” (“81 Years for Sexual Predator,” L.A. Daily News, 4/27/05, fee for link) ... 

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Outrage of the Week: Just Not Putting the B******s Away

For years, I’ve kept a file inelegantly titled “Just Not Putting the B******s Away.”  Unfortunately, it is a thick file.  Here is the latest entry.

The St. Petersburg Times reported this morning that fugitive Tampa Bay area physician Rory P. Doyle has surfaced in Ireland, where he fled after being permitted to bail out on a double child-molestation charge in Florida in 2001.  Dr. Doyle somehow obtained permission to re-register to practice medicine in Ireland under his own name and then somehow received permission to change his name to Dr. David West.  In addition to the largesse demonstrated by these serial “benefits of the doubt,” an Irish judge now refuses to imprison him prior to his extradition to the United States.   ... 

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