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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Why Did Vernon Forrest Have to Die to Get Charman Sinkfield off the Streets?

Three men are now in custody for the murder of boxer Vernon Forrest.  Of course, two are recidivists with state records and histories of getting off easy for multiple crimes, and the third is probably just too young to have accumulated a non-juvenile record yet.  The man they killed was a world-champion athlete who founded a charity in Atlanta to help the mentally challenged.  How many times does the same sickening story have to play out?

Forrest’s mother told the Atlanta Journal Constitution she hopes the three men never leave prison again: ... 

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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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Some Other Elected Officials Who Should Be Shown the Door

Amazing, the amount of work it takes to get our leaders to the point of appearing to do their jobs.  But the job of getting elected officials to do their jobs, alas, is never done.  The mayor and chief of police have promised more police on the streets by next summer (and if this promise is not kept, they will be long gone anyway, so accountability is moot).  A weekend crime sweep netted 159 arrests, including many for outstanding warrants, which means that enough manpower was deployed to do what is supposed to be done all the time: pick up people with outstanding warrants.

In other words, in the last five days, the mayor briefly did her job by addressing the crime problem while only slightly denying it; the chief of police was spotted in the same zip code as his office, and law enforcement officers were given enough resources for all of 48 hours. ... 

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No-Snitch Children and No-Punishment Adults

Every weekday, I receive a useful summary of crime, policing, and justice news stories called Crime and Justice News, compiled by Ted Gest at the John Jay College of Criminal Justice.  Considering that there are so many relevant articles from which to choose, Gest and his assistants do a good job of spotting national trends.

But, sometimes, reading through the report is singularly depressing, not only because crime is depressing, but because the trends in crime prevention that crop up regularly these days seem doomed to failure. ... 

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Crime Denial at the New York Times: An Update

Yesterday, while writing about the Times‘ willful misrepresentation of a child sexual assault conviction, I noted:

[W]hen I see an offender with a record of one or three instances of “inappropriate touching,” I suspect that’s the tip of the iceberg.  I suspect the conviction is the result of a plea bargain agreed to just to get the sick bastard away from the child and onto a registry, which is the most victims can reasonably hope for in the courts these days . . . ... 

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Blogging Crime Versus “Disappearing” It: Chicago and Atlanta

Chicago:

In Chicago, something interesting is happening as “twittering” and blogging and e-mail bring in first-hand reports that deviate from official versions.  It is hard to whitewash incidents of violence and rioting when people are reporting them in real time and police are going back over their incident reports to compare notes later. ... 

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The New Normal: Atlanta

I, for one, think newspapers are being rejuvenated by their current financial crisis.  The old-fashioned, insular newsroom, with its disturbing status quo on crime reporting (defendants are victims of society; victims are society, and thereby guilty of something) is becoming a thing of the past.

Over the holiday weekend, the Atlanta Journal Constitution ran this must-read story by Bill Torpy, in which he examines the real costs of retail burglaries for small business owners: ... 

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Court Watching in Atlanta Scores a Victory — and Kudos to Judge Wendy Shoob

From Marcia Killingsworth’s always informative blog, Intown Writer, this story of keeping career criminal Andre Grier off the streets.  For now, at least:

[R]ecently, CourtWatch Coordinator Janet Martin and one of our community prosecutors Assistant District Attorney Kimani King alerted us to State of Georgia vs. Andre Grier 09SC77314, a case coming before Fulton County Superior Court Judge Wendy L. Shoob. ... 

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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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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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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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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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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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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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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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More Americans in Prison Than (fill in the blank). Here’s the Unasked Question: Why Do We Have So Many More Criminals Committing So Much Crime?

In merely the latest of an endless series of proclamations that we must do something to get our prison population in line with other countries’, Republican Senator Arlen Specter and Democratic Senator Jim Webb have teamed up to create a blue-ribbon panel to rehash the usual themes: reducing levels of drug criminalization, freeing the mentally ill from jails, exploring alternatives to sentencing, and enhancing prisoner re-entry services.  Their goal is to reduce the prevalence of prosecutions so that our incarceration statistics come to resemble statistics in European nations.  Of course, crime, especially violent crime, is vastly more prevalent here; thus, higher rates of incarceration.  But that subject is verboten.  Efforts to avoid acknowledging crime in a discussion about responses to crime lead to convoluted statements like the following:

We are doing something drastically wrong,” said Webb, whose plan also aims to improve the US response to armed gangs, especially drug-related groups, as it seeks to bring the prison population down from about 2.4 million people. ... 

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More On The Oakland Police Killings

In an article purportedly about Lovelle Mixon’s criminal record (he has been linked to one rape through DNA and is being investigated in another), the San Francisco Chronicle inexplicably chose to give the deceased quadruple murderer several column inches to assert his innocence, good intentions, and career goals.  He apparently thought he was a pretty good guy, carjackings, attempted murders, and sundry crimes notwithstanding:

Mixon’s version

Mixon told authorities that in the attempted carjacking, “I was in the wrong place at the wrong time and did not act responsible and allowed someone else to act just as bad,” according to the report. “Now I have to take responsibility for it all.” ... 

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“What Went Wrong” in the Murder of Four Oakland, CA Police [Update #1, Below, 3/24]

Yesterday morning, the San Francisco Chronicle ran a story about “what went wrong” in the quadruple murder of police officers in Oakland, California.  The focus of that story was police procedure — an understandable line of inquiry with four policemen’s lives lost at two crime scenes.  Today, both the Chronicle and the Los Angeles Times ran stories covering the problems that arise when violent offenders like Lovelle Mixon, the man who killed the officers, are released on parole.

The Chronicle, however, starts every story by stressing how rare it is that parolees resort to violence.  And, of course, killing four officers is a thankfully rare tragedy.  But, as the Chronicle itself notes, fully two-thirds of California parolees are returned to prison for violating parole.  That’s two-thirds of the state’s 122,000 parolees.  Is violence really “rare” in this vast group of offenders?  Why do some newspapers reflexively minimize such horrific numbers, particularly in the immediate aftermath of the murder of four policemen?  There are more than 16,000 parolees in California currently wanted for parole violations.  12% of parolees in California abscond immediately upon leaving prison.   ... 

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What Is Your Personal “Aggregate Burden of Crime”?

On Tuesday, I wrote about the debate that’s raging over incarcerating convicts or releasing them to “community sentencing” programs of one type or another.  Proponents of community or alternative sentencing argue that we save tax dollars when people convicted of crimes get to stay at home for therapeutic or rehabilitative interventions instead of being removed from the community and sentenced to prison terms.  ... 

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The Tiny Burglar, Shamal Thompson, and Johnny Dennard: Recidivism and Sentencing in Georgia

Atlanta is designed to be a neighborly city — so neighborly, in fact, with its vast downtown neighborhoods of suburban-style houses with yards, that it is entirely possible to get to know the criminals who cycle through the court system and end up in your driveway over and over again, rifling for change in your car. For years, I watched one such person wander the streets of my neighborhood, and I chased her away from my own car more than once — the worry wasn’t losing pocket change from the console but having to replace a broken window or jammed door lock, which can run to hundreds of dollars.  

She acted like a stray dog, and so I came to treat her like one, shouting at her out my window to get off my lawn. Of course I pitied her.  She was small, wizened and jerky from dyskinesia, and I knew the streets and her addiction must be hard on her.  She dressed to look like a male — less as a statement of sexual identity than as an effort to protect herself from sexual attack, I suspect.  Homeless women and women in the criminal “lifestyle” are very vulnerable to rape.   ... 

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The Pew Center Study, Repeat Offenders, and the Real Price of Crime

From The Tennessean

Cons commit crimes after early release

Sentencing guidelines enable repeat offenders

A college student is kidnapped, brutalized and murdered. A mother looks up from changing her baby’s diaper to find a gun pointing in her face. A 62-year-old man is bludgeoned with a baseball bat in a mall parking lot. ... 

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Burglary is Not a Non-Violent Crime, #2: A Lesson on DNA and Recidivism

In today’s St. Petersburg Times, on a double murder in Masaryktown, Florida:

The feet belonged to Patrick DePalma Sr., 84. He lay on his stomach, head and torso halfway into the den, a mess of blood by his head. He wore a blue sweat suit; his slippers were astray nearby. ... 

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Should Judges Assign More Community Therapy For Recidivists?

LAST MAY, the wired world was treated to an unpleasant, yet hardly unique, slice of Atlanta’s public transportation system via “MARTA GIRL,” a video that showed a deranged young woman berating and threatening an elderly train rider.  The older woman dealt with the barrage of threats by doing what any sane consumer of public transportation knows to do instinctively: stare straight ahead and pretend that some screeching lunatic or addict isn’t threatening to harm you. ... 

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