Results matching “first”

Donald Trump said "crime is rising," and PolitiFact rated that statement "Pants on Fire."  Eugene Volokh looks into it.

It seems that PolitiFact based its rating on the fact that crime has been on a long downward trend overall for the last 25 years.  Volokh writes,

I don't find this a persuasive defense. If the original PolitiFact post had said something like, "The violent crime rate has plummeted in the past 25 years, and while it may have been increasing in the last year and a quarter, that could easily be an anomaly, and our data on that are just preliminary and may not be sound," I would have thought it a sensible criticism of Trump's assertion. We should indeed be cautious about data that are limited to one year, or (as with the 2016 first-quarter data) to a subset of jurisdictions. There is some degree of short-term variation within any long-term trend; data from a year and change aren't really enough to tell whether 1) the long-term violent crime decline has been reversed, or 2) the year was just an anomaly and the decline will continue, or at worst, the violent crime rate will remain flat. For instance, the violent crime rate increased in 2005 and 2006, but those proved to be just small blips in an otherwise substantial decline.

Question 1:  Under what circumstances will Barack Obama's Justice Department charge and convict you, and seek and obtain a prison sentence, on the basis of a crime (production and shipment of infected produce), that you committed out of gross negligence, but without criminal intent?

A:  In my opinion, based on publicly known facts, he did.  There was probable cause to believe Ms. Clinton committed one (or more likely, numerous) felonies, to wit, illegal exposure of classified information through gross negligence, in violation of 18 USC 793(f). And if one is of the view, as I am, that the very unusual and prominent features of this case warrant taking into account more than "merely" the existence of probable cause, it seems to me that those circumstances  -- principally the need for accountability from high officers of the government and public confidence in equal application of the law  --  suggest even more strongly that an indictment should have been recommended.

Comey's explanation was odd and unpersuasive on its face. He began by reciting what the law requires for a felony or misdemeanor conviction in cases like this. He noted that gross negligence is the standard for a felony conviction. He then recited the facts as the FBI found them. These facts suggest gross negligence.

When it came time to merge these two strands and present his decision whether to prosecute, Comey made no reference to the legal standard he had articulated a few minutes earlier. Instead, he pulled a switcheroo, formulating a new legal standard based on the elements he says have been present in past cases where prosecutions have been brought for the mishandling of secret/classified information. Gross negligence exited stage left -- replaced by intent to harm the U.S., disloyalty, etc.

Hillary Clinton Skirts Charges:  Despite evidence pointing to Hillary Clinton being "extremely careless" in her handling of classified emails on her private server, the Department of Justice will not bring charges against her, FBI Director James Comey announced Tuesday.  Fox News reports that the FBI reached the judgement that "no reasonable prosecutor would bring such a case" after an hours-long interview of Clinton three days ago that served as its final step in its yearlong investigation into her mishandling of classified information.  The controversy first came to light over a year ago when it became public knowledge that Clinton used a personal email and server to send and receive classified information.  While Clinton claimed she used her personal server as a matter of "convenience," others said she did so to circumvent government systems in an effort to shield her communications from public record requests, putting sensitive and highly classified government secrets at risk.

Chicago has another Bloody Holiday Weekend:  Another violent holiday weekend swept Chicago, with a total of four people shot to death and 60 others wounded as the Fourth of July weekend came to close.  Peter Nickeas of the Chicago Tribune reports that the victims, half of whom were shot in the final 15 hours of the weekend, included three injured children ages five, eight and 11.  Most of the shootings occurred in the West and South side neighborhoods that endured the majority of the violence during the Memorial Day weekend.  This weekend's toll was slightly lower than last Fourth of July, when 10 people were killed and 55 others were wounded.  The year before that, 16 were killed and 66 injured over the Fourth of July weekend.

Drunk Driver Injures 2 La. Cops, Kills 1:  A drunk driver swerved into three Sterlington, La., police officers on Sunday morning, leaving one dead and two wounded.  Tim Stelloh of NBC News reports that Officer David Elahi was pronounced dead at the scene after being struck when Tracy Darnell Govan's pickup truck crossed into the shoulder of a highway where the officer was conducting a traffic stop.  The collision ripped the doors off of the patrol vehicle and wounded two other police officers who are being treated for non-life-threatening injuries. Officer Elahi had only one last full-time shift scheduled before he was to retire from his duties as a police officer.  Govan has been charged with vehicular homicide and vehicular negligent injury, along with other counts.  He was released from custody Sunday on undisclosed bond.

A common shtick in academic circles is to say something so counterintuitive, so shocking that it is guaranteed to get you some attention.  That appears to be the angle of Cornell law professor Joe Margulies.   Professor Margulies is very concerned about mass incarceration.  So much so that when asked who should be let out of prison he had this to say:

If the professor could pick one category of the incarcerated population to release today, he said it would likely be the people who committed very serious offenses and have been in prison for a long time.

Margulies didn't name any specific offenses, but if individuals sentenced to more than 25 years in prison were released today, it would certainly include those guilty of such crimes as sexual assault and murder. 

Even though it seems counterintuitive, Margulies insisted that releasing the longtime prison dwellers would not necessarily pose a threat to society. 

"The kind of person they were when they went into prison often just doesn't exist anymore," Margulies said. "Keeping them in prison offers no chance for redemption, and no one is a monster."

They're even the group that's least likely to recidivate, or wind back up in prison, he said. He added this is common knowledge for people familiar with the criminal-justice system -- but not so obvious to the average citizen.

From a 2014 study from the Bureau of Justice Statistics:

• About two-thirds (67.8%) of released prisoners were arrested for a new crime within 3 years, and three-quarters (76.6%) were arrested within 5 years. 
• Within 5 years of release, 82.1% of property offenders were arrested for a new crime, compared to 76.9% of drug offenders, 73.6% of public order offenders, and 71.3% of violent offenders.
• More than a third (36.8%) of all prisoners who were arrested within 5 years of release were arrested within the first 6 months after release, with more than half (56.7%) arrested by the end of the first year.

So in the technical sense the good professor is correct, violent offenders recidivate less than other types of offenders.  But the logical next question to ask is why might that be? 

That is because violent offenders spend more time incarcerated compared to other offenders and therefore do not have the same opportunity to commit new crimes.   Incarceration has well known incapacitating effects. 

Yet even when they are released, almost three quarters of violent offenders will commit new crimes, often violent crimes - as the BJS study shows.  And that matters.  To have your car stolen is frustrating; to be raped, beaten or murdered is to have your dignity, your humanity, even your life taken away. 

CA County to Begin its First Death Penalty Trial in Years:  Jury selection is in its third week in Contra Costa County's first death penalty trial in years.  Nate Gartrell of the San Jose Mercury News reports that Darnell Washington has been charged with murder in the death of Susie Ko, 55, who was found murdered in her Hercules, Calif., home in October 2012.  He also faces charges of carjacking, burglary and robbery.  Two months prior to Ko's murder, Washington broke out of a San Bernardino jail with the help of his wife, Tania Washington, before going on a months-long crime spree that ended when the couple was arrested in Washington state days after murdering Ko.  Tania Washington pleaded no contest to manslaughter for her role in the crime and was sentenced to 23 years.  Darnell Washington's trial is estimated to begin in early July.

Synthetic Marijuana Use Reaches Epidemic Levels in NY:  A Brooklyn intersection has a new reputation for being one of the worst spots in the city for synthetic marijuana use, reaching "epidemic" levels.  Sarah Wallace of NBC New York reports that despite it being illegal to sell in the state of New York, synthetic marijuana -- known as K2 --  are still being dealt by stores near Broadway and Myrtle, an area now regarded as the best place to find the drug.  K2 is a new chemical concoction that is more potent than synthetic marijuana, often causing users to hallucinate, experience rapid heartbeats and seizures, and can even be deadly.  In Spring 2015, synthetic marijuana sent 160 people in New York City to hospitals in a little over a week, and thousands more were hospitalized across the state.

ID Officer Wounded, Suspect Dead:  A shooting on Tuesday night left one Boise police officer wounded, the suspect dead and a male victim suffering from life-threatening injuries. KTVB reports that the officer was shot in the chest after he and other officers were confronted outside of a residence when they responded to a 911 call.  The male suspect died at the scene after officers returned fire, though it is unclear whether he was struck from one of the officer's bullets or if he shot himself.  The wounded officer was wearing a ballistic vest and his injuries are not considered to be life-threatening.  The identities of the involved parties are yet to be released.

WI Woman Added to FBI's Most Wanted List:  A Milwaukee woman who fled after fatally shooting a pregnant woman three months ago has been added to the Ten Most Wanted Fugitives List, the FBI announced Tuesday.  Fox 6 Milwaukee reports that Shanika Minor shot Tamecca Perry, 23, in the chest on March 6 over an arguments regarding loud music.  Minor told her mother shortly before the incident that she felt Perry had disrespected her.  Perry was nine months pregnant with her third child, who was due five days after the shooting.  Her two other children were present when she was killed, but were unharmed.  Perry's unborn child did not survive the shooting.

OH Struggles to Find Lethal Injection Drugs:  Just over six months ahead of Ohio's first scheduled execution since 2014, and with two dozen other convicted killers scheduled to die over the next three years, the state has not managed to secure a supply of lethal injection drugs.  Alan Johnson of the Columbus Dispatch reports that Ohio Department of Rehabilitation and Correction officials have attempted to secure a supply through several avenues, including compounding pharmacies and from overseas sources, but all their efforts have been in vain.  The state's biggest hurdle, which affects all states with the death penalty, is resistance from major manufacturers that either stopped making drugs used for lethal injection or refuse to sell them to states for use in executions.  Currently, Ohio law only allows lethal injection for executions, and transitioning to an alternative method, which some officials have suggested, would require changing state law.  The state's next scheduled execution is on Jan. 12, 2017, when Ronald Phillips is set to die.

SCOUTS Upholds Gun Ban for Domestic Violence:  On Monday, the U.S. Supreme Court upheld the broad reach of a federal law that bans people with a domestic violence conviction from owning firearms.  Fox News reports that the high court ruled, in a 6-2 decision, that reckless domestic assaults can be considered misdemeanor crimes to restrict gun ownership.  The case involved two Maine men, Stephen Voisine and William Armstrong, who were both found guilty of misdemeanor domestic assaults which prohibited them from possessing firearms.  Voisine argued that the law only covers intentional acts of abuse and not those committed in the heat of an argument, while Armstrong argued that the ban violates his second amendment rights.  Voisine's argument was rejected and although Armstrong's was not addressed in the ruling, it was questioned during oral argument.

ISIS Targets SF, Las Vegas in New Video:  The Islamic State (ISIS) released an ominous video on Sunday showing footage of San Francisco landmarks and the Las Vegas Strip in what appears to be a threat of attack on the two cities.  Adelle Nazarian of Breitbart reports that in the video, a man providing English voiceover, who introduces himself as Abu Ismail al-Amriki ("the American"), encourages "attacks in San Francisco in the same vein as the Pulse incident in Orlando."  Sunday's video in the third released by the terrorist group that claims responsibility for the Orlando attacks and advocates that others follow the example of the gunman, Omar Mateen.

The U.S. Supreme Court today decided the case of the bribery convictions of a former Governor of Virginia and his wife, McDonnell v. United States.

To convict the McDonnells of bribery, the Government was required to show that Governor McDonnell committed (or agreed to commit) an "official act" in exchange for the loans and gifts. The parties did not agree, however, on what counts as an "official act." The Government alleged in the indictment, and maintains on appeal, that Governor McDonnell committed at least five "official acts." Those acts included "arranging meetings" for Williams with other Virginia officials to discuss Star Scientific's product, "hosting" events for Star Scientific at the Governor's Mansion, and "contacting other government officials" concerning studies of anatabine. Supp. App. 47-48. The Government also argued more broadly that these activities constituted "official action" because they related to Virginia business development, a priority of Governor McDonnell's administration. Governor McDonnell contends that merely setting up a meeting, hosting an event, or contacting an official--without more--does not count as an "official act."

The Court agrees with McDonnell on the main point in a unanimous opinion by Chief Justice Roberts.  To hold otherwise would raise serious First Amendment concerns.

The Court rejects McDonnell's attack on the "honest services" statute as unconstitutionally vague, a holding based in part on the narrow interpretation in the previous part of the opinion.

The Court declines to address McDonnell's "insufficient evidence" claim because the parties have not yet had a chance to address it in light of the Court's clarification of the elements of the offense and therefore leaves that issue to the Court of Appeals on remand.  That is important because a reversal on incorrect jury instructions (the main point addressed in today's opinion) permits a retrial, but a reversal on insufficient evidence is effectively an acquittal and precludes retrial.

Kent has a thoughtful post about Judge Jon Newman's suggestions to broaden the means to hold police accountable for infringing the constitutional rights of citizens.  I would add for the moment only four brief points which, together, make me wonder whether Judge Newman's op-ed is fully forthcoming.

Senior Circuit Judge Jon Newman of USCA2 has this op-ed in the WaPo, proposing expanded civil remedies for police misconduct.  It is an important subject and worthy of serious consideration, but I think Judge Newman's article may mislead folks who are not familiar with the law in this area, both nonlawyers and lawyers who specialize in other areas.  Judge Newman writes,

The acquittal Thursday of another Baltimore police officer charged in the death of Freddie Gray, like the acquittal 25 years ago of the Los Angeles officers who beat Rodney King, reveals the inadequacy of the criminal-law remedy. Suing the police for money under a strengthened federal civil rights law would be a better response to police misconduct.

Right now, however, federal law makes it more difficult to sue a police officer for denying a citizen his constitutional rights than for injuring him by ordinary negligence. If an officer negligently drives his car and injures a citizen, the victim can win money just by proving negligence, and the city that employs the officer pays whatever the jury awards.

But when an officer uses excessive force or makes an unlawful arrest or search, proving wrongful conduct is not enough. Under Section 1983 of the federal civil rights statute, the officer can escape liability with the special defense of qualified immunity -- showing that he reasonably believed his conduct was lawful, even if it was not. And if the jury finds the officer liable, federal law does not require his employer to pay the award.

There is some truth here, but there is more to it.

Small-time Baltimore drug dealer Freddie Gray was alive when he was placed in a police van and all but dead when he came out (he died a few days later).  Six police officers, three white and three black, were charged with various crimes related to his death.

Here is a good example of an article that I largely agree with for its main point, even though I come from an opposite viewpoint on the underlying policy question.   The title above is the first sentence of Benjamin Levin's article in Slate, while the actual headline and subhead is "less pithy," as Doug Berman points out.  "It's time to rethink 'violent' crime: How mislabeling misconduct contributes to our bloated criminal justice system. -- The distinction between violent and nonviolent crime is a problematic metric for determining criminal punishment."

As with many other terms, "violent" and "non-violent" are easy enough to distinguish in their core territories (e.g. murder v. tax evasion), but there is a gray zone.

Burglary is generally classified as a "property" crime rather than a violent one.  That is where you will find the numbers tallied in the FBI's Uniform Crime Reports.  Yet in terms of its effects on victims, burglary of a home is a crime of psychological violence.  The emotional reaction to having one's inner sanctum invaded is often far worse than any tangible property loss.  Many victims make an explicit analogy to sexual assault in terms of their reaction.

A:  I don't know, but a DOJ study confirms that the Ferguson Effect  --  i.e., unhinged, ideological criticism of the police and their resulting increased caution  -- has, indeed, contributed to the rise in murder.

The [DOJ] study offers two explanations regarding the Ferguson Effect and how it has impacted crime, specifically murder. The first explanation asserts that increased police scrutiny in the wake of highly publicized shootings have caused law enforcement to pull back, allowing for criminals and potential murderers to roam freely, undeterred.  The second emphasizes the distrust and discontent that exists between the police and African American communities, resulting in a lack of cooperation with police investigations.*

Obama Administration Lowballs Crimes by Illegal Aliens:  The watchdog group Fairness and Accuracy in Reporting (FAIR) revealed that the 30,558 criminal aliens released in FY 2014 committed 13,288 additional crimes, a far higher number than the 1,423 reported by the Obama administration last July.  Caroline May of Breitbart reports that the president of FAIR, Dan Stein, criticized the Obama administration upon discovering the Immigration and Customs Enforcement (ICE) records obtained via a Freedom of Information Act (FOIA) request, for attempting to hide the true numbers by providing inaccurate information to Congress and the public "[r]ather than end dangerous politically-driven policies that have put a total of 85,000 deportable criminal aliens back into the streets in the last three years."  In FY 2014, the 30,558 released criminal aliens went on to commit an array of new crimes, including vehicular homicide, domestic violence, sexual assault, DUI, burglary and assault.

Ferguson Effect to Blame for Increase in Murder Rates:  America's largest cities have seen a 17% spike in murder rates over a one-year period, and according to a new study released by the U.S. Department of Justice, the "Ferguson Effect" could be partly to blame.  Richard A. Webster of the Times-Picayune reports that the study focuses on 56 of the nation's most populous cities that consist of more than 250,000 residents, 18 of which have seen homicides spike by more than 25% and 12 that have seen a 50% increase. The study offers two explanations regarding the Ferguson Effect and how it has impacted crime, specifically murder. The first explanation asserts that increased police scrutiny in the wake of highly publicized shootings have caused law enforcement to pull back, allowing for criminals and potential murderers to roam freely, undeterred.  The second emphasizes the distrust and discontent that exists between the police and African American communities, resulting in a lack of cooperation with police investigations.  Another possible explanation for the nationwide murder spike is the expansion of inner-city drug markets fueled by the heroin epidemic.

Petition Submitted to Block Manson Follower's Parole:  A petition was submitted to California Gov. Jerry Brown on Monday in an effort to block the parole of a follower of Charles Manson imprisoned for killings a wealthy grocer and his wife over four decades ago.  The AP reports that Leslie Van Houten was convicted of murdering Leno and Rosemary La Bianca in 1969, one day after other "Manson family" members killed pregnant actress Sharon Tate and four others.  Debra Tate, Sharon's sister, along with a nephew and grandson of the La Biancas, turned in 140,000 signatures, taking up three boxes, at Brown's Capitol office.  Van Houten was recommended for release by a parole board in April.  The recommendation will go to Brown in August and he will have until mid-September to decide whether or not to block Van Houten's release.

Serial Killer's Fate Depends on OK Authorities:  A man currently serving a 60-year sentence for abduction could potentially face the death penalty after he was linked to several murders across both Texas and Oklahoma. KFOR reports that William Reece recently led police to the remains of Kelli Cox, whom he abducted and murdered in 1997. Police believe that there are at least five women whom have also suffered the same fate at Reece's hands, though he has only been formally charged with one murder. Texas officials have Reece in custody and have decided not to impose the death penalty if he agrees to lead them to the bodies of other victims. Oklahoma's authorities have yet to make a decision in regards to the death penalty and may still decide to impose it.

The primary reasons for punishing people who have committed serious offenses are retribution, incapacitation, deterrence, and rehabilitation.  Prison largely incapacitates, but not entirely, as this AP story reminds us.

Officials say a prison guard is recovering after he was attacked by a condemned inmate on California's death row.

They say 27-year-old Jesse Manzo assaulted the San Quentin State Prison correctional officer Thursday evening as he was being escorted back to his cell after taking a shower.

Manzo slipped his wrist out of an open handcuff and used the handcuff to hit the officer several times.

Officials said Friday that the officer was taken to an outside hospital for treatment of cuts including a significant facial injury.

Manzo has been on death row since 2013.

He was convicted of first-degree murder in Riverside County for the 2008 gang-related hate crime killing of Raymond Franklin.

Given that he has only been on death row three years, this is not a case where we can say he should have been executed already.  Even so, this is a reminder that he will be a danger from now until he is executed.  If the repeal initiative passes, he will be a danger from now until he dies of other causes, which may be a very long time.

There are lots of things wrong with the Trump campaign. Most recently, the Pulitzer-prize winning fact-checker Politifact analyzed Trump's warnings about rising crime.  It found them to be distortions, noting that crime has been falling for decades. Politifact rated Trump's June 7, 2016, claim that "crime is rising" to be "Pants on Fire"--their lowest rating.

Someone's pants are on fire, yes, but it's not Donald Trump's. As AEI observes, Polifact checked figures only up to the end of 2014.  That would be a year and a half ago.  Now it's true crime statistics can be slow.  But they're not that slow, as Polifact full well knew when it wrote its article.  As AEI found:

Preliminary figures for 2015 are public but curiously the fact-checker doesn't cite them -- although the data were available in January 2016, well before the post was published. The FBI's preliminary 2015 figures actually do show crime rising in most categories across the country between 2014 and 2015. Violent crime (i.e. murder, rape, robbery, aggravated assault) is up. For example, the murder rate rose 6.2% in 2015, while rape rose 9.6%.

Indeed, the 2015 increase in murder is, as the National Institutes of Justice found, "real and nearly unprecedented."

But wait.  It gets worse.

As noted briefly this morning, the U.S. Supreme Court decided a case on the Fourth Amendment exclusionary rule, Utah v. Strieff, No. 14-1373.  The Fourth Amendment exclusionary rule is the rule that an item of evidence -- regardless of how reliable it may be and much value it may have in guiding the trier of fact to the truth of the matter to be decided in the criminal case -- must be excluded if it is found that the police violated the complex rules governing search and seizures under that Amendment.

The exclusionary rule has no basis in the text of the Fourth Amendment.  It was unknown to American law at the time the Amendment was adopted and for a century thereafter.  It was unknown to the pre-Independence law of England, from which our legal tradition was derived.  The rule was created by the Supreme Court out of whole cloth in the twentieth century and the tail end of the nineteenth, a century after Amendment was adopted.  The question appears in few court decisions before that time because there obviously was no such rule, and the few defendants to raise the proposition merely got decisions stating flatly that there was no such rule.  This history is traced in CJLF's brief in Strieff, along with a rebuttal of the lone academic to advance a contrary proposition.  For an originalist, that is enough to dispose of any case where the Fourth Amendment is relied on as the sole authority for the exclusion of evidence.  There is no such legitimate rule.

However, the Supreme Court decided to the contrary in Mapp v. Ohio (1961), a decision which Justice Harlan noted in dissent was so far in excess of the limits of the Supreme Court's legitimate constitutional powers as to make the Court's voice "only a voice of power, not of reason."  In later years, varying majorities of the Court have been unwilling to overrule Mapp, but Justice Harlan's description of the rule as "so unwise in principle and so inexpedient in policy" was never far below the surface, and numerous limitations and exceptions have been devised to reduce the harsh effects of the rule in its bare form.

Today's decision in Strieff is specifically on the "attenuation" exception, but the influence of the "good faith" cases is also evident, making a clear connection between the two branches of Fourth Amendment jurisprudence.

AL Appeals Court Rules Death Penalty Constitutional:  An Alabama appeals court ordered a circuit court judge last week to vacate her rulings made three months ago declaring the state's capital punishment sentencing scheme unconstitutional.  Kent Fault of AL reports that Jefferson County Circuit Court Judge Tracie Todd was ordered Friday by the Alabama Court of Criminal Appeals to vacate her March 3 order that barred the imposition of the death penalty in the cases of four inmates, who filed motions arguing that the state's death penalty sentencing law was unconstitutional based on the U.S. Supreme Courts January ruling striking down Florida's death sentencing system.  Florida's death penalty law was struck down because justices ruled that judges, rather than juries, had too much power over the decision to impose a death sentence; however, Alabama's law requires a jury to unanimously agree beyond a reasonable doubt that at least one aggravating circumstance exists.  Ultimately, the Court of Criminal Appeals found "Alabama's capital-sentencing scheme is constitutional under (U.S. Supreme Court rulings) Apprendi, Ring, and Hurst and the circuit court (Todd) erred in holding otherwise." 

Several Dead, Injured in Chicago Weekend Shootings:  Over Father's Day weekend in Chicago, 13 people were fatally shot and at lest 42 others were wounded, including a three-year-old boy who was shot while sitting in his car seat.  Alexandra Chachkevitch of the Chicago Tribune reports that in shootings between 8:30 a.m. Saturday and 4:30 a.m. Sunday alone, there were at least 28 people injured and three fatalities, the equivalent of someone shot every 43 minutes.  There have been approximately 1,780 people shot across the city so far this year.

Court Halts TX Man's Execution:  The Texas Court of Criminal Appeals stayed the upcoming execution of a Texas man last week, who was condemned for killing his two-year-old daughter in 2002.  Johnathan Silver of the Texas Tribune reports that the case of Robert Roberson, who was scheduled to be put to death on June 21, was sent back to trial court Thursday after his attorneys argued that his conviction was based on junk science and he didn't get a fair trial because mental health experts were not permitted to testify that Roberson suffers from mental lapses due to a brain injury.  Roberson is on death row for killing his toddler, Nikki, who experts testified sustained injuries consistent with signs of shaking, bruising and blunt force trauma.  Roberson claims Nikki died after falling from her crib, but other witnesses testified having seen Roberson shake and spank Nikki when she wouldn't stop crying.  The Anderson County District Attorney's office stands behind the evidence against Roberson and his conviction.

Man Charged After 12 Girls Found in his Home:  A Pennsylvania man faces several charges, including sexual assault, after police discovered him living with 12 girls, one of whom is an 18-year-old that he has fathered two children with.  Lorenzo Farrigno and David Shortell of CNN report that a tip from a neighbor led authorities Thursday to the home of Lee Kaplan, 51, who had 12 girls living with him that ranged in age from six months to 18 years.  The teenage girl who was the mother of Kaplan's two children, the first of which was conceived when she was 14, was "gifted" to Kaplan by her parents, Daniel and Savilla Stoltzfus, for helping them out of financial difficulties.  The couple claims to be the parents of all 10 girls found in Kaplan's home and the grandparents of the other two.  Kaplan is charged with statutory sexual assault, corruption of minors, aggravated indecent assault, indecent assault and unlawful contact with a minor.  The Stoltzfuses both face charges of endangering the welfare of a child, while Daniel faces additional charges of criminal conspiracy and statutory sexual assault.

Parolee Attempts to Kill CA Civil Sergeant:  A man accused of attempting to kill a Yuba County sheriff's civil sergeant last week is a parolee who remained free despite several violations and disciplinary issues, and also had a history of assaulting police officers.  Monica Vaughan of the Appeal-Democrat reports that Joseph Hazen, 38, assaulted the sergeant unprovoked on June 6 while the sergeant was serving civil papers in a multi-unit home.  Hazen, who was not the subject of the papers, stuck the sergeant with a metal pipe, knocking him out and inflicting a severe head laceration.  Hazen has only been in California for a year, first coming to Yuba County in June 2015 after the state agreed to have him transferred from Wisconsin so he could live with his mother while on parole.  Two months after arriving, parole officers recommended Hazen's parole be revoked after numerous violations.  When Wisconsin refused to take him back, he was released from custody in October and given permission to continue living in Yuba County.  Hazen has pleaded not guilty to the near-fatal attack on the civil sergeant.

Jury to Decide on Death Penalty for 2 OK Men:  A jury heard argument Thursday urging a death sentence for two Oklahoma men who murdered six people attending a party in November 2009.  Seth A. Richardson of the Reno Gazette-Journal reports that Denny Edward Phillips and Russel Lee Hogshooter, both 38, were convicted Monday in the deaths of six people, including two pregnant women, during a home robbery nearly seven years ago.  Two other men who participated in the crime, David Allen Tyner, 34, and Jonathan Allen Cochran, 37, were convicted of six life sentences and 25 years as part of a deal, respectively.  Both testified against Phillips and Hogshooter, asserting that Phillips gave orders via cellphone and Hogshooter tortured one of the victims, a 22-year-old woman who was seven and half months pregnant, before shooting her in the head.  Both Phillips and Hogshooter were found guilty on six counts of first-degree murder and one count of conspiracy to commit murder, each receiving a sentence of 35 years for the conspiracy charge.  Jurors will decide next whether the two men receive life, life without parole or death in the first-degree murder charges.

Illegal Families Surge Across Border, Breaking 2015 Records:  Homeland Security statistics released Friday reveal that the number of illegal immigrant families crossing the southwest border has already topped all of 2015.  Stephen Dinan of the Washington Times reports that last month, 6,788 people traveling as families were apprehended at the border, a more than 20% spike over April and putting the total for the first eight months of the fiscal year at almost 45,000.  While the total thus far into the year has not surpassed the exploding surge that occurred in 2014, it has already beat the 2015 yearlong total of fewer than 40,000 illegal immigrants caught.  Several justice officials blame the Obama administration's lax enforcement policies that have enticed more people to migrate to the U.S., with some going as far as abducting children in order to appear as a family unit and take advantage of the policies. 

CA Man to Face the Death Penalty:  A young man out on probation accused of murdering an elderly woman and raping another in a home invasion Sunday night near San Diego will face the death penalty.  Maria Arcega-Dunn of Fox 5 reports that Eduardo Torres, 20, broke into the Del Cerro home with Ut Nguyen, 74, a 56-year-old man and a woman in her 50s inside.  After the man managed to escape, Torres held the women hostage at knifepoint.  He then raped the woman in her 50s while stabbing Nguyen, who died of her injuries.  Torres faces charges of burglary, torture, rape, and murder, and could receive a death sentence if convicted.

ISIS Working to Send Operatives to the West, Says CIA Chief:  CIA Director John Brennan is speaking to Congress Thursday to inform that Islamic State (ISIS) militants are training and attempting to send operatives to launch attacks on the West.  Deb Riechmann of the AP reports that Brennan says ISIS is likely working to smuggle operatives into Western countries, either among the refugee flow or through other legitimate means of travel.  He notes that the terror group is also calling for followers to carry out "lone wolf" attacks in their home countries.  Although the U.S.-led coalition has made progress curtailing the group both financially and on the battlefield, "our efforts have not reduced the group's terrorism capability and global reach," says Brennan.

NV Prosecutors Seek Death Penalty Against Liquor Store Killers:  The death penalty will be sought against two of the three men accused of gunning down a liquor store clerk in Nevada's southwest valley two months ago.  David Ferrara of the Las Vegas Review-Journal reports that Lee "Dominic" Sykes, 21, and Ray Charles Brown, 24, shot and killed Matthew Christensen, 24, during a robbery on April 20.  Brown, a gang member, has been identified as the defendant who fired the fatal shot.  Sykes and Brown are charged with murder, robbery with a deadly weapon, first-degree kidnapping, burglary while in possession of a firearm, coercion with a deadly weapon, conspiracy to commit robbery and assault with a deadly weapon.  Brown also faces one count each of false imprisonment by body shield and child abuse, neglect or endangerment for using a child to shield himself as an armed SWAT team confronted him.  Sykes' brother, Lee "Murry" Sykes, 22, also faces charges in the fatal robbery but is not facing the death penalty because he was unarmed during the incident and lacks a violent past.

DE High Court to hear Death Penalty Arguments:  After a months-long debate, arguments over the constitutionality of Delaware's death penalty will be heard Wednesday by the state Supreme Court.  Matt Bittle of the Delaware State News reports that in Rauf v. State of Delaware, the Public Defender's Officer argues that the state's death penalty statute contradicts the right to a jury trial, while the Department of Justice contends that the law does not violate the U.S. Constitution.  Delaware's capital punishment law has some similarities to Florida's, which the U.S. Supreme Court ruled was unconstitutional in January because it allows the judge to issue a death sentence.  If the court rules that similar portion of Delaware's law unconstitutional, it may not strike down the death penalty entirely; however, if the justices find the law does not comply with the high court's January ruling, capital punishment in the state would be eliminated, at least temporarily, until the legislature adopts a revised  death penalty law.

CA Probationer Almost Hits Cop, Firefighters with Car:  A felony probationer suspected of heroin overdose nearly ran over a Redding police officer and several firefighters with his car last week, before smashing into a parked vehicle and leading the police on an 18-mile chase that ended when he ran out of gas.  Joe Szydlowski of the Redding Record Searchlight reports that police and firefighters responded to a call of a person, Michael Anthony Carter, 25, reportedly overdosing on heroin.  Carter was on probation in a 2013 attempted kidnapping case and was arrested on suspicion of heroin possession and violating his probation just one week before the high-speed chase.  The car that Carter hit during the incident belonged to anti-crime activist Anje Watson, who referenced Proposition 47 and AB 109 when she "thanked" Gov. Jerry Brown and state judges for "the New California."  After surrendering, Carter was arrested on suspicion of felony assault on a peace officer, felony evasion, diving while under the influence, hit and run, possession of heroin, resisting arrest and probation violation.

Judge Upholds Death Penalty for PA Man's Retrial:  A federal judge upheld a District Attorney's authority to seek the death penalty in the upcoming retrial of a Pennsylvania man who was convicted of murdering a young woman over a decade ago.  Phil Ray of the Altoona Mirror reports that last week, U.S. District Judge Kim R. Gibson refused to issue a certificate of appealability to Paul Aaron Ross, convicted of first-degree murder in the 2004 killing of 26-year-old Tina Miller.  In 2011, a retrial was ordered for Ross by the state Superior Court, after which Blair County District Attorney Richard A. Consiglio filed notice that he would seek the death penalty for Ross.  Ross' attorney argued that, because the jury at his 2005 trial did not render a death sentence, seeking the death penalty in his second trial would violate his constitutional right against double jeopardy as he was essentially "acquitted" of a death sentence.  However, another judge who reviewed the request last month held that court decisions permitting the death penalty against Ross at his second trial were "not unreasonable" and cannot be barred. 

SC Church Shooter will Face Jury:  Charleston church shooter Dylann Roof's upcoming federal death penalty trial will not be decided solely by a judge.  John Monk of the Herald reports that U.S. Judge Richard Gergel ruled Monday that Roof, 22, an avowed white supremacist facing several charges in the murders of nine African-American churchgoers last June, must be tried by a jury, rejecting Roof's request last week to waive his right to a jury trial.  Roof's trial is set to begin Nov. 7, beginning with jury selection.  Opening arguments will commence once the jury is selected, likely later in the month.  He is also scheduled to be tried in state court, set to begin in late January.  He faces the death penalty at both trials.  Friday marks one year since Roof gunned down the nine black parishioners during a Bible study at Charleston's Emanuel AME Church.

AR Murderer Escapes Prison:  A man convicted of murdering a teenager four years ago escaped from an Arkansas prison Monday by walking away from a work crew.  Kelly P. Kissel of the AP reports that Lloyd Jones, 40, was discovered missing by guards around noon at the East Arkansas Unit at Brickeys, a 24-year-old maximum-security prison that has work programs in which inmates perform work in the agricultural fields outside the prison walls.  Jones, who is a registered sex offender after a 2001 rape conviction, met Angela Allen, 16, online in 2012 and picked her up for a rendezvous.  After missing for a week, her body was discovered in a plastic barrel on Jones' brother's property, and an autopsy determined that she had been strangled to death.  Jones was sentenced to 60 years for Allen's murder, plus 20 years on two child pornography charges and 10 years for one child pornography charge and abuse of a corpse.

Man Sentenced for Shipping Metals to Iran for Nukes:  A CEO was sentenced to prison Tuesday after pleading guilty to one count of conspiring to export a specialty metal from the U.S. to Iran to be used in nuclear weapons.  Maria Biery of the Washington Examiner reports that Erdal Kuyumcu, CEO of Global Metallurgy LLC based in New York, will serve 20 years and pay a $1 million fine for attempting to export a metallic powder composed of cobalt and nickel -- used to coat gas turbine components such as turbine blades, aerospace missiles and nuclear applications -- to Iran.  Kuyumcu attempted to ship over 1,000 pounds of the substance to Iran by first having it flown to Turkey, hoping to avoid detection.  His action violated the International Emergency Economic Powers Act.

Fifty years ago today, the United States Supreme Court handed down the famous or infamous (depending on your point of view) decision in Miranda v. Arizona.  The immediate result of the decision in the lead case was that the conviction of a rapist was vacated and the case sent back for retrial -- meaning the victim had to endure testimony and cross-examination again -- even though Miranda's confession had been examined and held to be voluntary under the totality of the circumstances.  Fortunately, Miranda was convicted on retrial without the confession.  Unfortunately, he was paroled after serving only a fraction of his sentence.  He was killed in a bar fight in Phoenix in 1976.

Justice White, in dissent, noted the obvious truth.  "The proposition that the privilege against self-incrimination forbids in-custody interrogation without the warnings specified in the majority opinion and without a clear waiver of counsel has no significant support in the history of the privilege or in the language of the Fifth Amendment." 

In Dickerson v. United States (2000), the Supreme Court made no attempt to defend Miranda's indefensible fiat as an original matter.  "Whether or not we would agree with Miranda's reasoning and its resulting rule, were we addressing the issue in the first instance, the principles of stare decisis weigh heavily against overruling it now."

By the decision's own terms, though, the regime it lays down is not the last word:

Five Probationers Arrested this Week in CA City:  Murrieta, Calif., police arrested five probationers this week in two separate traffic stops, Trevor Montgomery of My Valley News reports.  On Monday, Sean Williams McConnell, 25, Ivan Escareno, 36, and another person were arrested and a search of the vehicle they were in yielded heroin, methamphetamine and narcotics-related paraphernalia. as well as 39 pairs of new, designer glasses and sunglasses with the sales tags still attached that officers believed were stolen.  McConnell was found to be on formal probation for robbery and Escareno was out on Post Release Community Supervision (PRCS) under AB 109 for possession of stolen property.  Both had extensive criminal histories. Murrieta officers made three more arrests around midnight on Wednesday.  All arrestees were on probation with lengthy criminal histories, and found in possession of heroin, concentrated cannabis, narcotics paraphernalia and pepper spray.  Janice May Riepl, 37, was on formal probation for burglary;  Mike Jason Reider, 42, was on formal probation for robbery; and Glen Shawn Ramirez, 25, was on PRCS for burglary.  "(These arrests) demonstrate the impact of [AB 109] on the citizens of Murrieta," said Murrieta Police Lieutenant Tony Conrad.

SC Church Shooter Waives Right to Jury Trial:  The man charged with gunning down nine people at a Charleston church nearly a year ago has waived his right to a jury trial, which would leave his future up to a judge.  Melanie Eversley of USA Today reports that lawyers for Dylann Roof, 22, filed a notice in U.S. District Court Thursday indicating Roof's intent, and also said that they have been informed by a lawyer for the federal government that "the government will not consent to waive a jury at either stage of this case."  Roof shot the nine black parishioners during a Bible study at the Mother Emanuel African Methodist Episcopal Church last June.  Officials say the victims were targeted because they were black.  Roof's trial is set to begin Nov. 7.  He faces the death penalty.

NC Man's Death Penalty Trial Scheduled:  The death penalty trial of a Winston-Salem, N.C., man accused of fatally shooting a woman during a robbery nearly three years ago is set to begin the three months.  Michael Hewlett of the Winston-Salem Journal reports that Anthony Vinh Nguyen, 24, is facing charges of first-degree murder, kidnapping, burglary and robbery in the 2013 death of Sheila Pace Gooden, 43, and could face the death penalty if convicted.  Nguyen and two other men -- Daniel Aaron Benson, 25, and Steven George Assimos, 24 -- broke into Gooden's house in October 2013, held her against her will and stole a flat-screen television valued at $200.  All three men are charged with the same crimes, but Nguyen is the only one facing a death sentence because he shot Gooden in the head, killing her.  His trial, which is set to begin the week of Sept. 6, will last at least six weeks.

Are American voters in a sour, anti-incumbent, throw the bums out mood?  The persistently low ratings of Congress would indicate peril for incumbents, right?

California has 53 congressional districts, and in 49 of them an incumbent was running for reelection in Tuesday's primary.  Care to guess how many incumbents finished less than first in those 49?

The United States Supreme Court issued three decisions today, none with major implications.

In Puerto Rico v. Sanchez Valle, No. 15-108, the Court decided that the "dual sovereignty" exception to the Double Jeopardy Clause does not apply to Puerto Rico.  That is, a person who has already been prosecuted for a crime by the United States (in this case, ending in a guilty plea) cannot be prosecuted by the Commonwealth of Puerto Rico for the same crime.  The Commonwealth, unlike like a State, is a creature of the federal government, not a separate sovereign.  As decided, the case is more about Puerto Rico's status than it is about the Double Jeopardy Clause.  Justice Ginsburg, joined by Justice Thomas, concurs but would undertake a broader reexamination of dual sovereignty, another blow to the simplistic, one-dimensional model of categorizing Justices.

Williams v. Pennsylvania, No. 15-5040, involves Ronald Castille, the District Attorney of Philadelphia who became the Chief Justice of Pennsylvania.  As DA, he signed off on his office seeking the death penalty against murderer Terrance Williams.  The Court holds that his failure to recuse himself from the case as Chief Justice when it reached the Pennsylvania Supreme Court violated the Due Process Clause.  Opinion by Justice Kennedy.  Chief Justice Roberts and Justices Thomas and Alito dissent.

Court watchers will remember that in the first few years after Justice Kagan moved to the Court from the Solicitor General's office she recused in every federal case where her office had been involved, a large number of cases.

In Dietz v. Bouldin, No. 15-458, the court holds that a "federal district court has a limited inherent power to rescind a jury discharge order and recall a jury in a civil case for further deliberations after identifying an error in the jury's verdict."  Probably limited impact on criminal cases, but I thought it was worth noting here.

UT Man may Face Death Penalty in Toddler's Death:  Utah prosecutors have until Friday to decide whether to seek the death penalty against a man who beat his girlfriend's two-year-old son to death last year over potty training issues.  Jessica Miller of the Salt Lake Tribune reports that Joshua Schoenenberger, 35, is facing charges of first-degree felony murder and second-degree felony child abuse in the May 2015 death of James "J.J." Sieger Jr., who died of fatal blows to his stomach after Schoenenberger picked him up, squeezed him hard and dropped him.  Schoenenberger told police that he was upset with J.J. for not listening to him and struggling with potty training.  J.J.'s mother, Jasmine Bridgeman, 24, was charged with second-degree felony obstruction of justice for lying to police about her son's death.  She pleaded guilty last month and sentence to one to 15 years in prison.  Update:  Prosecutors opt not to seek death penalty against Schoenenberger.

SC Church Shooter's Trials Set:  The federal death penalty trial has been set for later this year against the South Carolina man who fatally shot nine people at a Charleston church last June, and the state trial is scheduled to commence early next year.  Bruce Smith of the AP reports that Dylann Roof, 22, will be tried in federal court beginning November 7 on several counts, including hate crimes, for gunning down nine black parishioners who were attending a Bible study at the Emanuel AME Church in Charleston.  The federal trial will be followed by a trial at the state level, set for January 2017, where he is charged with nine counts of murder and also facing the death penalty.

Illegals Kidnapping Children to Appear as 'Family Units,' Say Feds:  A deputy assistant attorney general told a federal appeals court Tuesday that illegal immigrants are kidnapping children and bringing them across the border in order to appear as family units and take advantage of lax enforcement policies.  Stephen Dinan of the Washington Times reports that last year, federal Judge Dolly M. Gee ruled that all illegal immigrant children must be quickly processed and released from detention, along with their parents, which has enticed people to kidnap children, says Leon Fresco, the deputy assistant attorney general.  Gee's order has also led to a new spike in illegal immigration, with FY 2016 steadily heading toward setting a record for family units apprehended at the southern border.  In the next few weeks the Supreme Court will rule on the legality of the Obama administration's overall amnesty program.

'Grim Sleeper' Sentenced to Death:  A jury decided Monday that the Los Angeles serial killer known as the "Grim Sleeper" should be sentenced to death for murdering nine women and a teenage girl over the span of several decades.  The AP reports that Lonnie Franklin Jr., 63, was convicted of 10 counts of first-degree murder last month for crimes dating back 30 years, which involved fatally shooting and choking women and dumping their bodies in trash bins and alleys around South Los Angeles.  The crimes were not connected to a serial killer until 2007, when Franklin came under suspicion after the cold cases were reopened.  He was dubbed the "Grim Sleeper" because of a gap in slayings between 1988 and 2002, but authorities now believe Franklin never took a break.  Evidence was introduced during the trial's penalty phase that tied Franklin to four additional murders, but he didn't face charges in those cases because prosecutors wanted to avoid delaying his trial.  Formal sentencing is set for Aug. 10.

Criminal Aliens Released to Commit Serious Crimes:  A Boston Globe report found that many illegal immigrants secretly released into New England communities by the Obama administration went on to commit serious crimes such as attempted murder and rape.  Katie McHugh of Breitbart reports that the Globe discovered that 323 criminal aliens were released into New England from 2008 to 2012, with nearly one-third of them going on to commit more crimes and a quarter facing a later conviction of a violent crime.  Nationwide, the Obama administration has released over 86,000 criminal aliens from 2013 to 2015 who committed a combined total of over 231,000 additional crimes.  The administration's next plan is to release as many as 70,000 federal prisoners.

OH Cop Killer Could Face Death Penalty:  A grand jury returned an 11-count death penalty indictment against a man who fatally shot a Columbus police officer two months ago. 10TV News reports that Lincoln Rutledge, 44, opened fire as officers approached his home in an armored vehicle to serve a felony arrest warrant on April 10, striking Officer Steve Smith in the head.  Smith succumbed to his injuries two days later.  Rutledge faces charges that include two counts of aggravated murder, four counts of attempted murder, four felonious assault charges and one count of aggravated arson.  He is set to be arraigned on June 10.

Man Fatally Hits Cop with Vehicle Following Shooting:  A mentally ill man was charged with first-degree murder on Sunday for fatally striking a Memphis police officer with a stolen car after shooting three people.  Fox News reports that Justin Welch, 21, was previously committed in December 2013, two and a half years prior to Saturday's crime spree that left Officer Verdell Smith, 46, an 18-year veteran of the police force, dead.  Two people shot by Welch are in critical condition, while the other victim's condition is unknown.  Welch faces additional charges of vehicular homicide, evading arrest, theft and reckless driving.  His motive for the crime spree has not yet been determined.

Obama Admin Failing to Screen, Track Foreign Immigrants:  A congressional member of the House Judiciary Committee says that the Obama administration failed to properly screen and track nearly 10 million foreign immigrants admitted to the U.S. on visas last year, citing the "tremendous pressure" on federal authorities to green light visas despite being unable to fully vet applicants.  Adam Kredo of the Free Beacon reports that according to Rep. Randy Forbes (R-Va.), the risk of infiltration and fraud in the visa program remain at record highs and the Obama administration is admitting immigrants in record numbers.  The expediency of admission has allowed terrorists to gain legal entry into the country, says Forbes.  In response, he has proposed legislation that would:  mandate the visa applications from countries with known terrorism ties to receive extra scrutiny from federal authorities, require authorities to review the social media accounts of visa applications, boost security cooperation between agents and deny entry to any foreigner who fails to complete an application.

Federal Bill Introduced to Restore Voting Rights of Convicts:  A bill has been introduced in the U.S. House of Representatives that would amend the National Voter Registration Act of 1993 and restore the voting rights of convicted felons.  Joe Schoffstall of the Free Beacon reports that Rep. Alan Grayson (D.-Fla.) introduced the No One Can Take Your Right to Vote Act of 2016 arguing that felons deserve a second chance and are entitled to equal protection under the law.  An election integrity group, the Public Interest Legal Foundation, countered Grayson's claim, and argued that the Constitution's Fourteenth Amendment allows states to remove voting rights of people convicted of crimes.  The group also cited a recent study that found seven out of 10 felons register as Democrats, concluding that, "Democrats would benefit from additional ex-felon participation."  Virginia Gov. Terry McAuliffe recently stirred controversy when he announced an executive order to restore the voting rights of 206,000 felons, in what many criticized as "political opportunism" ahead of the 2016 election.

I blogged yesterday about the intentionally deceptive, callous and cruel cross-examination of a rape victim by the rapist's defense attorney, Michael Armstrong. Readers can see for themselves, from the victim's letter, just how aggressively disgusting defense counsel became with her.