Juvenile Incarceration: Thanks to Doug Berman at Sentencing Law and Policy for posting links to two articles discussing the incarceration of juveniles. Today's post links to a New York Times article by Solomon Moore that reports cash-strapped states are placing juveniles with mental illness in correctional facilities. Apparently, as cash-strapped states are cutting mental health programs, they are turning to prisons to treat these young offenders. Yesterday, Berman posted a link to a Sarasota Herald-Tribune article by Lloyd Dunkelberger, discussing the life sentences of juvenile offenders Terrance Graham and Joe Sullivan. The constitutionality of Graham's and Sullivan's sentences will be argued before the Supreme Court this fall (previous posts can be found here and here), and Dunkelberger's article discusses the tough sentences Florida imposes on juvenile offenders. According to Dunkelberger, Florida's tough sentences are the result of a violent crime wave that swept through Florida in the 1990s, which included the killings of nine tourists in 1992 and 1993. He reports that Florida's tough on crime stance is not unique to the Sunshine State, although no other state has "embraced the use of life without parole for non-homicide juvenile offenses as aggressively as Florida."
Investigating Allegations of Detainee Abuse: At Volokh Conspiracy over the weekend, Jonathan Adler posted on an LA Times article discussing expectations that Attorney General Eric Holder will appoint a prosecutor to look into the alleged abuse of detainees during interrogations. LA Times reporters Greg Miller and Josh Meyer report that Holder's inquiry would be narrow in scope and would focus on "whether people went beyond the techniques that were authorized" in Bush administration memos that liberally interpreted anti-torture laws. Adler opines that A.G. Holder's move is likely to draw criticism from both the Right and the Left. "The former will argue that any prosecution is an effort to criminalize political differences and undermine CIA morale. The latter will be upset about the inquiry's narrow focus, and its failure to cover those who authorized coercive interrogation techniques." The LA Times article follows reports from Jurist's Ximena Marinero that the Obama Administration has petitioned the U.S. Supreme Court to overturn a district court order mandating the disclosure of detainee abuse photos. The petition alleges that disclosure could lead to further violence in Iraq and Afghanistan. The Justice Department's contrasting positions are noteworthy. If the Administration is concerned the photos will lead to violence, why does it appear less concerned that an investigation could cause similar effects? As one former Justice Department official, familiar with the details of the program, told the LA Times, "... if they appoint a special prosecutor, it would ultimately be unsuccessful, and it would go on forever and cause enormous collateral damage on the way to getting that unsuccessful result."
Investigating Allegations of Detainee Abuse: At Volokh Conspiracy over the weekend, Jonathan Adler posted on an LA Times article discussing expectations that Attorney General Eric Holder will appoint a prosecutor to look into the alleged abuse of detainees during interrogations. LA Times reporters Greg Miller and Josh Meyer report that Holder's inquiry would be narrow in scope and would focus on "whether people went beyond the techniques that were authorized" in Bush administration memos that liberally interpreted anti-torture laws. Adler opines that A.G. Holder's move is likely to draw criticism from both the Right and the Left. "The former will argue that any prosecution is an effort to criminalize political differences and undermine CIA morale. The latter will be upset about the inquiry's narrow focus, and its failure to cover those who authorized coercive interrogation techniques." The LA Times article follows reports from Jurist's Ximena Marinero that the Obama Administration has petitioned the U.S. Supreme Court to overturn a district court order mandating the disclosure of detainee abuse photos. The petition alleges that disclosure could lead to further violence in Iraq and Afghanistan. The Justice Department's contrasting positions are noteworthy. If the Administration is concerned the photos will lead to violence, why does it appear less concerned that an investigation could cause similar effects? As one former Justice Department official, familiar with the details of the program, told the LA Times, "... if they appoint a special prosecutor, it would ultimately be unsuccessful, and it would go on forever and cause enormous collateral damage on the way to getting that unsuccessful result."
Leave a comment