Results matching “first”

The prosecution has rested in the penalty phase of the trial of Boston Marathon bomber Dzhokhar Tsarnaev.  If he does not testify in the penalty phase, as I expect he will not, can that silence be used against him as indicating a lack of remorse?  I don't know.

In White v. Woodall, decided one year ago today, the Supreme Court reviewed its precedent in Mitchell v. United States, 526 U.S. 314, 328 (1999):

"The Government retains," we said, "the burden of proving facts relevant to the crime . . . and cannot enlist the defendant in this process at the expense of the self-incrimination privilege." Id., at 330 (emphasis added). And Mitchell included an express reservation of direct relevance here: "Whether silence bears upon the determination of a lack of remorse, or upon acceptance of responsibility for purposes of the downward adjustment provided in §3E1.1 of the United States Sentencing Guidelines (1998), is a separate question. It is not before us, and we express no view on it." Ibid.

A footnote at that point notes a division in the Courts of Appeals.  No First Circuit cases are noted there or in the certiorari petition.

Woodall did not resolve the question.  It was a state case being reviewed on federal habeas corpus, and the unsettledness of the underlying question was enough to require the federal court to respect the state court's decision under the controlling act of Congress.  CJLF's brief in that case is here.  My post on the case is here.

Prosecutors would be well advised to avoid mentioning the defendant's silence until the issue is resolved.  It isn't worth risking a reversal.  Long-term, though, I think the Griffin no-comment rule should be limited to the extent expressly held in Supreme Court precedent and not extended by a fraction of an inch.  I wouldn't mind seeing it overruled, but I don't think that is a realistic possibility.

The U.S. Supreme Court decided two civil cases today.  United States v. Kwai Fun Wong, No. 13-1074 deals with equitable tolling, an issue that comes up regularly in habeas corpus cases.

Still no decision on the Facebook threats case, Elonis v. United States.  That case was argued in December, and it is the only case from that session not yet decided.  Playing the SCOTUS Sudoku game, we see from the SCOTUSblog statistics page that Chief Justice Roberts is the only one not to write a majority opinion yet from that session.  (The June case was decided together with Wong today, written by Justice Kagan.)  So it's a good bet that the Chief is writing Elonis.

Does that give us a clue how the case will be decided?  Not really.  He was probing both sides at oral argument.  In First Amendment cases generally he has been pretty much down the middle.  He has written opinions in favor of First Amendment claims in cases on funeral protests and crush videos, but he has also written opinions against such claims in cases on school speech and terrorism support.  That last one gives me some hope here.  We are dealing with speech that involves genuine danger of grave physical harm to a person.  That makes Holder v. Humanitarian Law Project and Elonis different from all the other cases.

Still, we will have to wait and see.  Maybe next week.

The U.S. Supreme Court today decided Rodriguez v. United States, No. 13-9972:

In Illinois v. Caballes, 543 U. S. 405 (2005), this Court held that a dog sniff conducted during a lawful traffic stop does not violate the Fourth Amendment's proscription of unreasonable seizures. This case presents the question whether the Fourth Amendment tolerates a dog sniff conducted after completion of a traffic stop. We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution's shield against unreasonable seizures. A seizure justified only by a police-observed traffic violation, therefore, "become[s] unlawful if it is prolonged beyond the time reasonably required to complete th[e] mission" of issuing a ticket for the violation. Id., at 407.

Justice Ginsburg wrote the opinion.  Justice Thomas dissented, joined by Justices Kennedy and Alito.

The "only" in the last sentence is disputed in this case and remains open.  The government contends that the officer did have an individualized basis for suspicion that the car contained drugs.  Justices Thomas and Alito would affirm on that basis.  Justice Kennedy agrees with the majority that the point is not properly before the Supreme Court because the Court of Appeals did not decide it.

Although the issue discussed in that Part [of Justice Thomas's dissent] was argued here, the Court of Appeals has not addressed that aspect of the case in any detail. In my view the better course would be to allow that court to do so in the first instance.

Only Minor Changes In Vermont's Sex Offender Laws:  A high-risk sex offender was released from a Vermont after maxing out his sentence, despite his refusal to seek treatment while incarcerated, sparking public demand for stricter sex offender laws.  Alex Keefe and Lynne McCrea of VPR report that lawmakers are considering two weak reforms.  The first would be a clarification to an existing that that states sex offenders must report their plans and activities to the registry before their release from jail.  The second would improve the sex offender registry's accuracy.  Also, several additional requirements have been considered for sex offenders labeled as high-risk.

New System Screens Out Registered Sex Offenders:  A high-tech system that produces instant background checks is being used at schools in Southern Indiana to protect students from sex offenders and other threats.  Stephan Johnson of WDRB reports that the Raptor System performs an immediate background check at the school's entrance, and then prints out a label with the person's name and photo ID if the system approves their entry.  The police department in Clarksville, Indiana purchased the system for the local elementary school.

Uniform Trafficking Law Heads To ND Governor:  North Dakota lawmakers are proposing a uniform law on human trafficking in an effort to move towards helping the victims.  Katherine Lymn of the Dickinson Press reports that Senate Bill 2107 would grant immunity to minors who committed prostitution offenses and other nonviolent crimes related to being trafficked, a law also known as Safe Harbor.  Adult victims would have their prostitution convictions and other related offenses expunged if the court determines the crime resulted from trafficking.  The bill is now headed to the governor for final approval.

Arkansas Parole Officers Overloaded:  In the state of Arkansas, 402 parole officers are responsible for the supervision of 52,292 parolees, equating to an average of 130 parolees per officer, or twice the national caseload average.  Josh Dooley of the Baxter Bulletin reports that with such large caseloads, officers say it is impossible to provide adequate supervision and they "just have to hope nothing bad happens."  Arkansas governor has approved funds to hire 45 additional parole officers over the next two years and add 500 beds in reentry programs across the state.

Crime Rise Puts LAPD In Difficult Position:  Los Angeles Chief of Police wants to send more than 200 officers from the highly trained, "elite" Metro Division to combat the city's first major crime increase in over ten years.  Kate Mather, Richard Winton and Cindy Chang of the LA Times report that the new data-driven, predictive policing strategy will transition from utilizing beat cops focused on building community relations to Metro officers employing their specialized tactical and weapons training.  Law enforcement officials have admitted that although the change is not ideal, something must be done to reverse the 26% increase in violent crime and 11% increase in property crime.

NE Bill Removing Mandatory Minimums Clears Senate:  Nebraska's proposed sentencing reform measure, which would limit the use of mandatory minimum sentences to reduce prison overcrowding, passed the state senate yesterday with a 28-9 vote.  Grant Schulte of the AP reports that the bill would eliminate mandatory minimum sentences for certain felonies such a robbery and assault on a police officer, and would limit use of the "habitual criminal" enhancement.  Nebraska's Attorney General and some conservative senators criticize the bill for removing tools essential for prosecutors to do their jobs.  Supporters claim the law would not affect a judge's ability to impose long sentences for heinous crimes.

Tulane Body Camera Footage Will Not Be Public Record:  The footage obtained from body cameras of the Tulane University Police Department in Louisiana will not be made available to the public, according to the Office of General Counsel.  Brandi Doyal of the Hullabaloo reports that it is not a requirement for TUPD to release footage because "it is not a public body under the provisions of the Louisiana Public Records Act."  General Counsel states that the decision protects the rights of victims and perpetrators, but opponents of the policy feel that the public has the right to view the tapes.

Half The States Consider Right-To-Die Legislation:  Half of US states are considering medically assisted suicide legislation this year, which would "allow mentally fit, terminally ill patients age 18 and over, whose doctors say they have six months to live, to request lethal drugs."  Malak Monir of USA Today reports that Oregon, in 1997, was the first state to have "right-to-die" legislation written into law, and its practice has led to benefits in improving the quality of life for terminally ill patients in the state.  Opponents argue that the potential for mistakes and abuse offset any benefits.

Parolee Speeding To Make Curfew Kills Passenger:  A felon on parole was hurrying home on his motorcycle to comply with his curfew requirements when he crashed on Highway 99, killing his female passenger.  Bill Lindelof of the Sacramento Bee reports that witnesses told CHP officers that the driver was traveling at a high rate of speed and weaving through traffic.  He  was later found to be under the influence of alcohol and arrested for gross vehicular manslaughter while intoxicated, driving without a license, and violating parole.  The victim was 21-year-old.

Last night I participated in a debate on the death penalty hosted by Intelligence Squared in New York.  See Bill's post yesterday.  We will post a link to the podcast when it is available.

I have participated in many debates on this subject over many years, but this one was exceptionally well done by the hosts.  It was very well produced, fairly structured, and well moderated.

IQ² scores debates by having the live audience vote on the motion before the debate begins and again after it concludes.  The winner is the side with the greatest net votes changed in favor of its position.

The motion was that the death penalty be abolished, so a "yes" vote is a vote against the death penalty, and a "no" vote is a vote to keep the death penalty.  There is a potentially confusing double negative there, but the moderator explained the vote carefully enough that I doubt anyone was confused.  Our side was, of course, the "no" side.

And the result:

Measure to Reduce Recidivism Passes OK Senate:  House Bill 2179, a measure that seeks to reduce criminal recidivism by giving nonviolent offenders greater access to the workforce, has passed the Oklahoma Senate.  Edmond Sun reports that the bill would allow nonviolent offenders on probation to obtain commercial driver's licenses, rather than just a provisional license, which would make them more employable.  Offenders not on probation or those with suspended or revoked licenses resulting from a DUI would not be eligible to receive a CDL.

CA Bill On Date Rape Drugs Clears First Committee:  Assembly Bill 46, which would restore the ability to charge possession of date rape drugs as a felony, cleared the Assembly Public Safety Committee on a bipartisan vote yesterday.  Last November, California voters passed Proposition 47, which converted the possession of drugs, including date rape drugs, from a felony to a misdemeanor.  The Santa Clarita Valley Signal reports that the bill would create a new felony; possession of date rape drugs with intent to commit sexual assault, rather than directly converting possession to a felony.  This avoids the requirement that amendments to an initiative go before the voters.  

Over Half Million SSNs Issued To Illegal Immigrants:  More than a half-million new social security numbers have been issued by the Obama Administration to illegal immigrants granted amnesty under the Deferred Actions for Childhood Arrivals program.  Caroline May of Breitbart reports that DHS has approved more than 787,068 DACA applications as of December 31.  The issuance of these social security numbers means that thousands of illegal immigrants will be eligible for tax benefits and refunds.

Colorado Lawmakers Extend DNA Collection Serious Misdemeanors:  A new Colorado bill, HB 1312, would expand the state's ability to collect DNA, requiring that a sample be collected from adults convicted of one of the eight misdemeanors deemed serious.  Lance Hernandez of the Denver Channel reports that the measure will be a major help to law enforcement because DNA collection is cost effective, solves cold cases, and gets criminals off the streets.  However, right on cue, the ACLU voiced their opposition to the bill, citing it as an "erosion of our civil liberties."

Missouri Executes Third Murderer This Year:  The state of Missouri executed condemned murderer Andre Cole Tuesday for the 1998 stabbing murder of a friend of his ex-wife, who he also attempted to kill.   An Associated Press story reports that when Cole was behind on his child support payments he told co-workers that "before I give her another dime, I'll kill her."  When overdue support payments were deducted from his paycheck, Cole went to her home to carry out his promise.  The execution, which utilized pentobarbital,  was uneventful and took nine minutes. 

Two years ago today, the ever-so-cute Dzhokhar Tsarneav planted a nail-filled pressure cooker bomb at the feet of an eight year-old boy, Martin Richard, he did not know and who had done him no harm.  It had the intended result:

The child lost so much blood, there was almost none left in his body. The Boston jihadi Tsarnaev "believed what he had done was good, that he is a Muslim soldier in a holy war against America and had taken a step to reaching paradise." 

A moment of silence, a call for kindness and the pealing of the city's church bells will be the hallmarks of Boston's events noting the two-year anniversary of the Boston Marathon on Wednesday.

The moment of silence will be observed at 2:49 ET, the time when the first of two devastating bombs went off in the crowds gathered to watch the marathon in 2013.

Mayor Marty Walsh has declared April 15 One Boston Day, beginning a tradition that organizers say is about "resiliency, generosity, and strength of the people that make Boston the great city it is."

Feds Releasing Hundreds Of Violent Illegal Immigrants:  Arrests and deportations of criminal aliens dropped 30% in the first six months of fiscal year 2015, despite President Obama's professed intention for agents to "focus on felons not families."  Stephen Diana of the Washington Times reports that 30,558 criminal aliens were "knowingly released back into the community" by ICE in 2014.  Together these aliens accumulated almost 80,000 convictions including violent crimes.  ICE Director Sarah Saldana defends the actions of the agency, stating that the laws passed under Congress require her to grant due process to everyone and make judgments about whom to keep detained.

Alien Children Allowed To Sue For Legal Representation:  A US District Court Judge in Washington state rejected a motion to dismiss a lawsuit that would grant legal representation to undocumented children facing deportation, ruling that their request for counsel "constituted an argument for due process."  Thomas Barrabi of the International Business Times reports that the ACLU filed the suit on behalf of Salvadorian sibling who immigrated illegally in 2013 to escape gang violence.  The ACLU has protested that mandatory detention of immigrants awaiting legal proceedings "violates the right to due process."

Tenn. Court Calls Off Scheduled Executions:  Four executions scheduled over the next year have been called off by the Tennessee Supreme Court to allow a trial court to review condemned murderer's challenges to the state's lethal injection protocol.  Mark Berman of the Washington Post reports that Tennessee is the latest state to halt executions while the courts consider challenges from Ohio, Georgia, Florida, Alabama, and Oklahoma.  The state plans to use the electric chair as its execution method of lethal injection is ruled unconstitutional or if the necessary drugs are no longer available.

Six Jacksonville Shootings In Three Days:  Jacksonville, Florida is reeling in the aftermath of six shootings in three days, leaving residents and law enforcement questioning whether the violence is gang-related.  Larry Spruill of Action News JAX reports that residents believe gang activity is the only explanation for the violence, because gangs have a large presence in the city.  Gang counselor Ivan Brown is certain that at least one of the shootings, the drive-by, was carried out by gang members.

Wednesday I appeared on the Diane Rehm radio show on WAMU, as noted and linked here. I got a considerable amount of feedback, most of it complementary.  I did receive one sharply critical email, though, regarding Debra Milke, and I do need to make a correction.  More broadly, the incident says something important about how folks on the anti side get their "facts."

First, a note about debates.  When I participate in one of these, I have no idea which cases the other side is going to bring up.  I have to discuss the facts of them from a memory that may not have been refreshed for a long time, if indeed I am familiar with the case at all.

I said that James Styers took Debra Milke's little boy out into the Arizona desert and put five bullets in the back of his head.  (I had a Skype link with the studio.  Ms. Rehm visibly winced at this point.)  My critical correspondent points out that it was only three bullets.  I stand corrected.  To anyone who thinks this is material, I apologize.  I don't think it is.

On the material facts, I stand by my description of the case, and therein lies the point of this post.

Sen. Rand Paul has now "clarified" his remarks yesterday, in which he said (emphasis added), "I see an America where criminal justice is applied equally and any law that disproportionately incarcerates people of color is repealed." 

Kent questioned where Sen. Rand Paul stands on the death penalty.  I have wondered about that for some time, but have not been able to get a direct answer, even after asking a member of his staff.

FRANKFORT, Ky. (AP) - U.S. Sen. Rand Paul said Thursday that the disproportionate number of minorities in the nation's prisons convinced him to push for sentencing reform and restoring voting rights to some convicted felons ahead of a possible presidential run in 2016.

However, the fact that there are a disproportionate number of minorities on death row in the U.S. has not led him to scrutinize capital punishment. He said the death penalty is a state issue.

"I haven't had a lot of feedback specifically on that," Paul told The Associated Press in a phone interview. "I just haven't taken a position on the death penalty."

The question posed by the title of this entry is basic, but seems to have sparked a good deal of controversy lately.  

Murders, Shootings on the Rise in Chicago:  The first three months of the year in Chicago have seen a 40 percent increase in shootings and 29 percent more homicides following last year's record low numbers.  Aamer Madhani of USA Today reports that the the Police Superintendent believes gun laws are making it "too easy for dangerous criminals to get access to illegal weapons," who often travel to the less restrictive neighboring states of Wisconsin and Indiana to purchase weapons. ownership.  Chicago police have recovered over 1,500 illegal guns this year and arrests for illegal gun possession are up 22 percent.  Mayor Rahm Emanuel says the city needs more police and changes in the law.

Aerial Surveillance Fights Crime:  Persistent Surveillance, a company in Dayton, Ohio, is utilizing airplanes and high-powered cameras to capture footage of crimes from above, tracking criminals from crime scenes to their residences.  Alex Pena of CBS News reports that high-tech cameras capture images within a 5-mile radius in every direction and have surveilled in high crime areas such as Camden, New Jersey and Ciudad Juarez, Mexico.  The ACLU opposes the surveillence, arguing that it is contributing to a "totalitarian" country, but Persistent Surveillance only goes where crimes are reported.  They have submitted contracts with various governments in the U.S. and abroad worth millions of dollars.

Chowchilla Kidnapper Granted Parole:  One of the three men who kidnapped and buried alive a busload of 26 schoolchildren and their bus driver in the 1976 ransom attempt in Chowchilla, California has been granted parole at his 20^th hearing.  Tim Sheehan of the Fresno Bee reports that the decision to parole James Schoenfeld will go through an internal review and will take another four months.  Many victims of the kidnappings, still traumatized as adults, have written letters and sent senior prosecutors to the hearing to argue against his release.  Schoenfeld's parole is likely attributed to the statewide effort to reduce prison overcrowding.  Schoenfeld's brother, Richard Schoenfeld, was paroled in 2012 and the other kidnapper, Frederick Woods, is up for a hearing this fall.

Three Parolees Accused of Violent Crimes:  Three repeat offenders recently paroled in Missouri, two of them multiple times, have been arrested for committing violent crimes such as robbery, assault, and murder shortly after their release.  ABC 7 News reports that repeat offenders continue to be paroled because there are not enough prison beds to accommodate them.  Boone County Detective Tom O'Sullivan says it's frustrating that "a relatively small number of people" are responsible for most of the problems.

Kent posted earlier today the words of then-Attorney General Robert H. Jackson. Jackson's remarks are long, but well worth your read because they shed so much light on so many questions involving the power and judgment of United States Attorneys.

The New York Times never saw a killer it couldn't find an excuse for, and today it continues in that tradition with this op-ed by Linda Greenhouse.  Doug Berman of Ohio State aptly titles his entry on it, "Should the Supreme Court Reflect the Country's Disenchantment with Capital Punishment?"

The U.S. Supreme Court summarily reversed a decision of a North Carolina court regarding GPS monitoring of sex offenders and the Fourth Amendment.  The North Carolina court's error illustrates once again how far too many lawyers in the post-Mapp world have come to view the Fourth Amendment and the exclusionary rule as the same thing.  They are not.  Not even close.

As the direct cost of video recording plummets to the insignificant, there is widespread support for more cameras in law enforcement, from interrogation rooms to dashboards to the cops themselves.  From the standpoint of those who generally support law enforcement, we are confident that in the vast majority of cases where police misconduct is alleged, a recording will refute the allegation.  The most powerful example of where a video could have done a world of good, of course, is the recent Ferguson, Missouri debacle.  We now know that "hands up" was a lie and this was a fully justified use of force, but that would have been known from the beginning and the story would never have been more than a local incident if there had been a video recording.

Where the video does indeed show that the cop is a bad apple, it will be valuable in weeding him out, leaving us with a better police force.

But what about other people inevitably captured on police video?  By the nature of police work, the videos will very often record people in the worst moments of their lives.  Should those videos be public?  Might a video of a college student being arrested while sloppy drunk be used in an attack ad 20 years later when the now-mature upstanding citizen runs for public office?  Could videos be used in extortion schemes similar to those we saw with "revenge porn," except that unlike the revenge porn the person shown had no choice in the making of the video in the first place?

The National Association of Assistant United States Attorneys (NAAUSA) is an organization representing career federal prosecutors.  I was a member at one time, although my membership has lapsed.  It led the opposition of hundreds of prosecutors to the Smarter Sentencing Act, which failed in the last Congress (but has been re-introduced now).  Its opposition was cited by then Ranking Member, now Chairman, Chuck Grassley, in his statement in opposition to the Act after it got out of Committee.  It then never made it to the floor, despite then-Majority Leader Harry Reid's promise that he would bring it up  --  and that was before Sen. Reid lost the fight with his exercise bike.

Yolo County Questions Prop. 47 Sentencing:  Yolo County District Attorney Jeff Reisig has expressed disagreement with two Yolo County judges regarding the handling of low-level drug offenses under Prop. 47, adopted by CA voters last November.   Sarah Dowling of the Daily Democrat reports that the Reisig believes that drug offenders are less likely to pursue drug treatment without incarceration or the threat of incarceration.  He has proposed developing new sentencing guidelines for drug offenses, and Chief Probation Officer Brent Cardall agrees.  He is suggesting reforms to probation protocols that would help prevent drug offenders from avoiding treatment.

Gov. Brown To Parole Sick, Elderly Convicts:  In a cost-cutting effort, Governor Jerry Brown has proposed the parole of  hundreds of convicts who are chronically sick, mentally impaired, and over the age of 60.  Thomas D. Elias of the Napa Valley Register reports that this idea was first introduced in 2002 by Ray Procunier, the former California director of corrections under Ronald Reagan, who pointed out that Reagan cut the prison population by one-third with no increase in crime.  Since violent crimes are typically committed by young offenders in their teens and 20s, and the costs of treating sick and/or elderly inmates is extremely expensive, many consider their release to be a sensible solution to ease prison overcrowding.

Burglaries Linked to Prop. 47:  A rash of burglaries in La Cañada, California has residents wondering whether or not it is the direct result of Prop. 47, a law passed in November that released thousands of inmates from state prisoners.  Anita S. Brenner of the La Cañada Valley Sun reports that burglaries have been on the rise statewide, likely due to drug offenders, who often commit thefts and burglaries in order to feed their habit, receiving only a citation for their crimes.  State corrections officials insist that long-term studies must be conducted before the "true effect" of Prop. 47 is seen. 

CA Loosens Jessica's Law:  Jessica's Law, or Prop. 83, which forbids sex offenders from living within 2,000 feet of a school or park, is becoming less restrictive in California.  Kate Mather of the LA Times reports that the "blanket restrictions" outlined in the law will no longer be imposed, and cases will be assessed more individually.  The law, as it stands now, will still apply to high-risk sex offenders and offenders whose crimes involved children under the age of 14, who will be forbidden from living within a half-mile of a school or park.  This loosening of the law comes after a CA Supreme Court decision holding that the restrictions could not be applied in San Diego County due to a lack of residential properties 2,000 feet from schools and parks.

The WSJ discusses the prosecution of Sgt. Bowe Bergdahl, illustrating why the pardon I predict (at a politically convenient moment for the Commander-in-Chief) will be a betrayal of duty and honor by the President even more stunning than Bergdahl's embrace of Jihad:

[T]he bigger story [in the Bergdahl case] is the extravagant price the U.S. has paid because President Obama wanted to score political points.

Readers will recall that then-Private First Class Bergdahl went missing from his post in Paktika province in eastern Afghanistan in June 2009. Fellow soldiers suspected desertion, though the Army conducted a risky manhunt to recover him...

The Associated Press has reported that an internal Pentagon investigation in 2010 found "incontrovertible" evidence that he had walked away from his post. Journalists also uncovered an exchange of letters in which the soldier wrote to his father "the title of U.S. soldier is just the lie of fools," that he was "ashamed to even be american," and that "the future is too good to waste on lies." Replied father Robert: "OBEY YOUR CONSCIENCE!"

All of this would have been known to President Obama and National Security AdviserSusan Rice when the Administration decided to swap Sgt. Bergdahl for five Guantanamo Bay detainees--all top Taliban leaders--in May 2014. Mr. Obama even invited Sgt. Bergdahl's parents to a [chipper  --  ed. addition] Rose Garden ceremony to announce the swap, while Ms. Rice declared on a Sunday talk show that the soldier had served his country with "honor and distinction."

According to multiple sources, including this ABC News piece, the sensational story of a sadistic gang rape by (white, let's not forget that) frat boys is unsupported by any substantive evidence.  In other words, after searching for months, the police couldn't find a single witness or a single piece of forensic evidence to support the story.  Zip. The ABC article begins (emphasis added);

A five-month police investigation into an alleged gang rape at the University of Virginia, described in graphic detail in a Rolling Stone article, showed no evidence the attack took place and was stymied by the accuser's unwillingness to cooperate, authorities said Monday.

The article entitled "A rape on campus" traced the story from a student identified only as "Jackie," who said she was raped at a Phi Kappa Psi fraternity house on September, 28, 2012. Police said there were numerous discrepancies between the article and what they found in their investigation.

"All I can tell you is that there is no substantive basis to conclude that what was reported in that article happened," Charlottesville Police Chief Timothy Longo said.

Longo said Jackie first described a sexual assault in May 2013 when she met with a dean about an academic issue, but "the sexual act was not consistent with what was described" in the Rolling Stone article. When she met with police, she didn't want them to investigate the alleged assault.

She also refused to talk to police after the article was printed in November and ignited the national conversation about sexual assaults on college campuses. 

Ah, yes, our old friend the "national conversation."

Race-Baiting Hypocrisy: Last week, Illinois Senator Dick Durban criticized Republicans for forcing Loretta Lynch, President Obama's African-American nominee to replace Eric Holder, to "sit in the back of the bus" until a decision is reached on a heated human trafficking bill.  Investors Business Daily reports that Republicans made a counter-argument against Sen. Durban's accusations, because he once opposed and filibustered the GOP nominations of black and Latino appeals court judges for not being the "right kind" of minority candidate.  Republicans insist that their opposition to Loretta Lynch has nothing to do with her race, and everything to do with her policies.

Three Bay Area Police Shootings in Eight Hours: Three police-involved shootings occurred in the Bay Area in an eight hour period over the weekend, resulting in fatalities of the suspects in two of the three incidents.  Henry K. Lee of SF Gate reports that the first incident involved a suspect pointing and firing a gun at a convenience store employee, the second involved an agitated man wielding a hunting knife and replica gun, and the third suspect led officers on a high speed chase before exchanging gunfire with them.  The suspect in the third incident, Daniel Tolosa, is being hospitalized for a gunshot wound, but is expected to survive.  The other two suspects were fatally wounded by police officers.  Officers in all three incidents were unharmed.

Renewed Attention for Reformed Legislation of ABC: Legislation to remove the Alcohol Beverage Control's law enforcement powers, a bill previously proposed by Virginia State Senator Creigh Deeds, is coming under review again in the wake of the arrest of UVA college student Martese Johnson last Wednesday, which sparked the excessive force debate.  Hannah Hall and Juliana Radovanovich of the Cavalier Daily report that Deeds suggests that such law enforcement powers should be the sole responsibility of the state police, and would prevent questionable actions such as those displayed by ABC recently.  Both the investigation into ABC's actions during Johnson's arrest last Wednesday, as well as the passage of any legislation to remove their powers, will take considerable time.

Neighborhood Opposes Sex Offenders in Group Home: Residents of a Danby, New York neighborhood are outraged and "blindsided" after learning that a group home housing level 3 sex offenders is opening soon in their vicinity.  Kelsey O'Connor of the Ithaca Journal reports that Unity House, a nonprofit organization that provides housing and services to the mentally ill, chemically dependent, and physically disabled, were not required to notify the community of the home due to its small size.  Town officials were aware of Unity House moving into the neighborhood, but were also not informed of the two level 3 sex offenders that would be residing there.  Fearful residents have begun signing an online petition to restrict where these individuals can live.

Mass High Court Grants Counsel In Juvenile Parole Hearings: In a 5-2 decision, the Supreme Judicial Court ruled that inmates serving life sentences for murders they committed as juveniles are entitled to counsel and expert witnesses at their parole hearings, because it is a constitutional right.  Bob Salsberg of the AP for the Daily Journal reports that this ruling includes the requirement of the state to pay for a lawyer and any expert witnesses if the inmate is unable to afford private counsel. 

David Lieb reports for AP:

Missouri's lieutenant governor is accusing Justice Department officials of "fanning the flames of racial division," as the federal agency is criticizing Ferguson police for alleged racial biases following the fatal shooting of Michael Brown.

Republican Lt. Gov. Peter Kinder on Tuesday also asserted that the department was "staffed with Marxists and black radicals" and defended statements he had made a day earlier accusing agency officials of racism.

*                                                *                                               *

During an interview Monday on the conservative news outlet Newsmax TV, host Steve Malzberg suggested to Kinder that the sometimes-violent protests that followed Brown's death were in response to a false premise of "Hands up, don't shoot" that he said was promoted by President Barack Obama and Attorney General Eric Holder.

Paul Sperry has this article in the New York Post:

New York public-school students caught stealing, doing drugs or even attacking someone can avoid suspension under new "progressive" discipline rules adopted this month.

Most likely, they will be sent to a talking circle instead, where they can discuss their feelings.

Convinced traditional discipline is racist because blacks are suspended at higher rates than whites, New York City's Department of Education has in all but the most serious and dangerous offenses replaced out-of-school suspensions with a touchy-feely alternative punishment called "restorative justice," which isn't really punishment at all. It's therapy.

"Every reasonable effort must be made to correct student behavior through...restorative practices," advises the city's new 32-page discipline code.

Except everywhere it's been tried, this softer approach has backfired.

It's amazing how people continue to get themselves in trouble by failure to obey elementary safety rules.  One such rule is that firearms, microphones, and naked babies should be handled as if loaded at all times.

The microphone failures tend to make the news most often.  Remember President Obama telling the puppet President of Russia that he would have "more flexibility" in his second term, when he didn't have to worry about those pesky voters any more?

California millionaire Robert Durst, long a suspect in two murders, was confronted with tough questioning during an interview for a documentary after foolishly ignoring his lawyer's advice not to give the interview.  Melanie Gracie West has this story in the WSJ.

In Sunday's episode, after filming had stopped, but before Mr. Durst's microphone had been turned off, he was recorded saying in private: "What the hell did I do? Killed them all, of course."

The WSJ story begins,

Robert A. Durst was charged with first-degree murder on Monday as legal experts debated whether the alleged confession of the real-estate millionaire and TV documentary subject would be admissible in court.

Really?  What debate?  What grounds for exclusion?

Fake IRS Scam Sweeping U.S.  Fake IRS agents are calling taxpayers, claiming they owe taxes and insisting that they pay them with prepaid debit cards or wire transfers.  Stephen Chlemacher of the Associated Press reports that over 3000 people have fallen for the scam paying over $15 million.  One victim lost more than $500,000.  A Deputy Inspector from the Treasury Department told reporters that this is the largest most pervasive impersonation scam in the history of our agency.    

Utah To Post White Collar Felons On Registry:  The Utah Legislature has passed a bill that would put photographs, a physical description and criminal record of white-collar criminals on a state registry accessible to the public.  Ben Protess of The New York Times  reports that legislators are responding to a white collar crime epidemic in Utah that has cost unsuspecting investors hundreds of millions.  The registry would identify offenders convicted of securities fraud, mortgage fraud and money-laundering. For a first offense, an offender will appear on the site for 10 years. By the third offense, the offender's picture will live there permanently.  Utah's Governor has said he will sign the bill into law. 

"The root causes of crime" is a phrase made notorious by people who pushed social welfare programs and increased dependency on government as supposed cures for high crime rates way back in the late 1960s and 1970s.  That notoriety should not deter us from looking for the true root causes of crime. 

The "trunk cause," to continue with the arboreal metaphor, is antisocial attitudes.  Some people have the attitude that they do not have to obey rules, they do not have to respect the rights of others, and they can simply take what they want whenever and from whomever they like.  The "root causes," then, are the influences that cause people to develop such attitudes.

One root cause is bad parenting.  Two main types of bad parents are those who don't give a damn and those who care very much but are misinformed.  Prominent among the latter are parents who have bought into the "self-esteem" nonsense that kids should be lavished with praise at all times whether they have done anything to deserve it or not.

On Monday, an article was published online in the Proceedings of the National Academy of Sciences titled Origins of Narcissism in Children.  The abstract follows the break.  Lenny Bernstein has this article in the WaPo.

Many states have a requirement that the penalty phase jury must be unanimous.  In some, including California and Arizona, that means that if the jury cannot reach unanimous agreement, at least on the first attempt, a mistrial is declared and a new jury is formed.  In others, deadlock means the defendant gets a life sentence, even if that means the view of one juror has prevailed over the views of the other eleven.

I have noted many times on this blog that I think the "single juror veto" system is nuts, and states that have it should get rid of it.  Yet legislation being considered in Florida would actually go the opposite direction, adopting this system in a state that does not presently have it.

It is all well and good for the Florida Legislature to tweak that state's system to eliminate any doubt that it complies with the Supreme Court's 2002 decision in Ring v. Arizona, an issue the high court has taken up in Hurst v. Florida.  See this post.  But there is no reason to adopt single-juror veto of the ultimate penalty decision in the process.

Fed Medical Pot Law Introduced:  Senators Rand Paul (R-Ky), Cory Booker (D-N.J.) and Kristen Gillibrand (D-N.Y.) have introduced a bill that would legalize medical marijuana.  Niraj Chokshi of The Washington Post  reports that the measure would end the federal ban on medical marijuana, allow doctors to prescribe it and make it easier for banks to serve pot growers and marketers.  The legislation is called the Compassionate Access, Research Expansion and Respect States Act. 

Ammo Magazine Limit Challenged:  The Colorado Senate will soon vote on a bill that would repeal a 2013 ban on magazines holding more than 15 rounds.  Lynn Bartels of the Denver Post reports that SB 175 passed out of the Senate Judiciary Committee on a straight party line vote and is guaranteed to pass on the floor.  The bill is less likely to pass in the Democrat-controlled House.  A similar measure died in a House committee last month.