One Dollar at a Time: How Well-Connected Activists Are Destroying the American Justice System

According to a new report by the American Bar Association, both civil and criminal courts are unable to enforce justice due to budget cuts and inadequate funding.

The courts of our country are in crisis. The failure of state and local legislatures to provide adequate funding is effectively — at times quite literally — closing the doors of our justice system. At the same time, Congress has reduced its support for both the federal courts and other programs that directly and indirectly support our justice system at the state, county and municipal levels. . . Our courts, already short-staffed, have thus been forced to lay off judges, clerks and other personnel just as they are being inundated with hundreds of thousands of new foreclosures, personal and small business bankruptcies, credit card and other collection matters, domestic fractures, and the many other lawsuits resulting from the Recession. . . ... 

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Burglary is Not a Non-Violent Crime: In Oakland, It Isn’t Even a Crime

Well, OK, that’s not exactly true. But in July, Oakland police announced that, due to budget problems, police will no longer respond to a long list of crimes, including residential burglary where the home invaders are unknown.

I’m sure it didn’t help that the city had to spend so much money responding to the recent liberation of sports shoes and consumer electronics in the name of Oscar Grant. ... 

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Is Solitary Confinement The Really Expensive Part?

Ah yes, the silly season. Reporter claiming to be writing about solitary confinement jumps right into equating solitary confinement with “hard-line criminal justice polic[y]” instead.  According to this view, solitary confinement is not, as one might think, a rational response to the dangers created by extremely violent offenders.  Nor is it a way to protect prisoners who might be vulnerable to harm because of their appearance, orientation, or gang status.  Nor even a response (one that ought to be appreciated) to the endless lawsuits filed against corrections facilities demanding protections for prisoners — protection from themselves, or others.

Nope, in the eyes of the media, every issue relating to incarceration and crime is just another opportunity to lash out at allegedly “draconian” sentencing policies.  In this view, using less solitary confinement to address budget constraints isn’t a sign that prisons are having to deal with the financial downturn like everyone else.  Using less solitary confinement is: ... 

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No Answers Yet in Mr. X Case. Lots of Questions.

The print news coverage of the Michael Harvey trial continues to skirt important questions:

  • Why did the Fulton County (Atlanta) D.A.’s office fail to act for at least three years once DNA evidence linked Harvey to the brutal 1994 murder of Valerie Payton? According to news reports, they identified Harvey’s DNA in 2005 and arrested him in 2008.
  • And why didn’t the G.B.I. make the link between the Harvey’s DNA and Valerie Payton’s rape kit back in 2002 or 2003, at the latest, when they were supposed to have entered his sample into the state database for which they’re responsible?

Meanwhile the AJC’s coverage is even more confusing today than it was a few days ago: ... 

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Criminal Appeals: Why Was Serial Rapist Ali Reza Nejad Out on Bond?

The good news: U.S. Marshals in Houston caught violent serial rapist Ali Reza Nejad after he slipped off his ankle monitor and fled Georgia upon hearing that the Georgia Supreme Court unanimously reaffirmed his conviction and 35-year sentence last week.

Nejad, Before and After Dye Job ... 

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Killer Craig Wall Given $1000 Bail, Kills Again: When Prosecutors Act Like Defense Attorneys

Craig Wall

This guy, Craig Wall, a violent convicted recidivist felon, is a suspect in the murder of his five-week old son earlier this month.  The baby’s mother then received a restraining order on Wall, and when he violated it last week, he was arrested.  The investigation into the baby’s death — the fact that he was a murder suspect — should have been presented in court after his arrest.  But the prosecutor simply didn’t mention it.  Instead he offered Wall a plea deal, a small fine in exchange for pleading guilty.  Wall even rejected the plea (hey, why take halfsies if it’s clear that nobody is going to bother to hold you responsible for anything, anyway?).  He was granted bond instead — for $1,000 — also with the prosecutor’s blessing. ... 

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Courts in Crisis? Thank a Defense Attorney.

So suddenly the Fulton County Courts cannot function, thanks to a huge planned budget cut.  But how were they functioning before, with violent felons and repeat offenders getting a free stroll out the door for a variety of reasons?  This is a scene playing out across the country:

Georgia’s biggest court system warned Wednesday that a 2010 Fulton County proposal that cuts $53 million from the judicial budget could force them to shut down the courthouse, jeopardize death penalty cases and slash as many as 1,000 jobs. ... 

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Contretempestuousness or Tempestucontretemps in Marvin Arrington’s Courtroom

Pardon the brief hiatus from journalistic ethics week, which I’ll just roll over into journalist ethics fortnight, Jane Austen style.

Everybody was behaving so ethically out there, I just lost steam.  Nobody ran headlines falsely accusing the families of the D.C. sniper victims of being “vengeful” for saying things like: “It helped to see the completion.  It helped to a degree,” upon witnessing John Muhammad’s execution.  Nobody made utterly false allegations of prosecutorial malfeasance, claiming, “[t]here are several documented cases where DNA testing showed that innocent people were put to death by the government,” then refused to correct the record when it was brought to his attention that there are actually no documented cases where DNA testing showed that innocent people were put to death by the government (and that’s according to death penalty opponents). ... 

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Redding Trial Update; Expose on Georgia’s Judicial Qualifications Commission

From reader Chris Murphy, who attended the Jonathan Redding hearing to determine if Redding will be required to provide information to a Grand Jury about his partners in the murder of John Henderson:  

I was at that last hearing. The judge, Kimberly Esmond Adams, was looking for any excuse to allow his attorney into the grand jury, which goes against the rules. She delayed the decision, and it never was publicized what she ruled. That’s the kind of s**t that passes for justice: make a ruling, but do it when no one is around, if possible. ... 

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Ash Joshi: “But Being a Quisling Apologist for Murderers is my Job”

Another great in-depth story in the Atlanta Journal-Constitution about chaos in the courts.  Note that Metro Atlanta courts other than Fulton County aren’t catch-and-releasing murder defendants like muddy-tasting catfish, like Fulton does.

Volume is no excuse: volume of cases means that judges and prosecutors should be appealing to the public for support and banging down doors at the Georgia General Assembly for more resources, not lowering standards. ... 

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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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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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Another Entirely Accurate Critique of the Miami Homeless Sex Offender “Crisis”:

From PROTECT, the National Association to Protect Children:

Miami’s Julia Tuttle Causeway fiasco–where about 70 “registered” sex offenders have been herded under a bridge to live–is being challenged in court by the ACLU. ... 

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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 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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Just Killing your Girlfriend With an Icepick, Nothing “Heinous”: How Defense Attorneys Starve The Courts

Last week, the Atlanta Journal Constitution reported that jury selection in the Silver Comet Trail murder trial might be delayed because defense attorneys were complaining that they are owed 60K. This week, the judge in that case reached a sealed agreement with the defense council, and jury selection is — slowly– going forward.

The funding pool for capitol defense attorneys in Georgia was depleted earlier this year by the fees charged by the team of lawyers who defended courthouse killer Brian Nichols. ... 

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