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    <title>Crime and Consequences Blog</title>
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    <id>tag:www.crimeandconsequences.com,2008-08-28:/crimblog//1</id>
    <updated>2012-05-16T22:17:59Z</updated>
    
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<entry>
    <title>How Appealing</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/how-appealing.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9607</id>

    <published>2012-05-16T22:16:34Z</published>
    <updated>2012-05-16T22:17:59Z</updated>

    <summary type="html">Tony Mauro interviews Howard Bashman at NLJ (registration required)....</summary>
    <author>
        <name>Kent Scheidegger</name>
        <uri>http://www.crimeandconsequences.com/crimblog/ccdescription.htm</uri>
    </author>
    
        <category term="General" scheme="http://www.sixapart.com/ns/types#category" />
    
    
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        <![CDATA[Tony Mauro <a href="http://www.law.com/jsp/nlj/legaltimes/PubArticleLT.jsp?id=1202552967538&amp;_years_later_a_mass_appeal=&amp;et=editorial&amp;bu=National%20Law%20Journal&amp;cn=afternoon_update_5_16&amp;src=EMC-Email&amp;pt=NLJ.com%20-Legal%20Times%20Afternoon%20Update&amp;kw=10%20years%20later%2C%20a%20mass%20appeal&amp;slreturn=1">interviews</a> Howard Bashman at NLJ (registration required). ]]>
        
    </content>
</entry>

<entry>
    <title>News Scan</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/news-scan-1197.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9606</id>

    <published>2012-05-16T20:53:40Z</published>
    <updated>2012-05-16T22:38:40Z</updated>

    <summary type="html">Stay of Execution Issued for Arizona Inmate: Michael Kiefer of Arizona Republic News reports the Arizona Supreme Court late on Tuesday stayed today&apos;s scheduled execution of Samuel Lopez, who was sentenced to death in 1987. Lopez was convicted of first-degree...</summary>
    <author>
        <name>CJLF Staff</name>
        <uri>http://www.crimeandconsequences.org</uri>
    </author>
    
        <category term="News Scan" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[<b>Stay of Execution Issued for Arizona Inmate: </b>Michael Kiefer of Arizona Republic News <a href="http://tucsoncitizen.com/arizona-news/2012/05/15/arizonas-high-court-issues-stay-of-execution-2/">reports</a> the Arizona Supreme Court late on Tuesday stayed today's scheduled execution of Samuel Lopez, who was sentenced to death in 1987. Lopez was convicted of first-degree murder, kidnapping, two counts of
 sexual assault, and burglary in the 1986 killing of 59-year-old  Estefana Holmes. The victim was found gagged and blindfolded in her apartment. She had been raped, sodomized, and stabbed more than 20 times before Lopez slit her throat. A new execution date was set for June 27 to allow issues raised about recent appointments to the state's clemency board to be worked out.&nbsp; <br /><br /><b>Gang Member Convicted of Murder After DNA Match: </b>Richard Winton of the Los Angeles Times <a href="http://latimesblogs.latimes.com/lanow/2012/05/cold-case-murder-dna.html">reports</a> Kevin Bernard Smith Jr., 36, a  Rolling 20s gang member whose moniker is "Jazzy," was convicted this week in the 1994 murder of a man and attempted murder of the man's wife after DNA linked him to the crime scene. Smith was convicted of first-degree murder with the special  circumstance allegations that the murder was committed 
during the course of a burglary and robbery in the 1994 killing of 73-year-old Rupert "Rudy" Thompson. Smith was also convicted of the premeditated attempted murder of Thompson's wife. Two bloodstains from the crime scene were matched to Smith through the state DNA database. At the time, Smith was serving a prison sentence in Mississippi on an unrelated drug sales charge. <br /><br /><b>Judge Grants Class Action Status to NY Frisk Suit: </b>Larry Neumeister <span class="fn">of the Associated Press <a href="http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/16/national/a072731D42.DTL">reports</a> </span>U.S. District Judge Shira Scheindlin in Manhattan on Wednesday granted class action status to a 2008 lawsuit that accuses the NYPD of discriminating against blacks and Hispanics with its stop-and-frisk policies. The lawsuit claims the police department purposefully concentrated its stop-and-frisk activity on black and Hispanic neighborhoods based on their racial composition, and that officers are pressured to meet quotas as part of the program. Mayor Michael Bloomberg said, "Nobody should ask [Police Commissioner] Ray Kelly to apologize -- he's not going to and 
neither am I -- for saving 5,600 lives. And I think it's fair to say that
 stop, question and frisk has been an essential part of the NYPD's work;
 it's taken more than 6,000 guns off the streets in the last eight 
years, and this year we are on pace to have the lowest number of murders
 in recorded history. ... We're not going to do anything that undermines
 that trend and threatens public safety."]]>
        
    </content>
</entry>

<entry>
    <title>The Truth Will Come Out at Trial........Er.........</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/the-truth-will-come-out-at-tri.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9605</id>

    <published>2012-05-16T19:13:36Z</published>
    <updated>2012-05-17T05:15:47Z</updated>

    <summary type="html">When a high profile defendant is arrested in some scandal and, after a lifetime of craving and getting publicity, won&apos;t say beans to the media, what do we hear from defense counsel?&quot;We are not going to try this case in...</summary>
    <author>
        <name>Bill Otis</name>
        <uri>http://www.crimeandconsequences.com/crimblog/ccdescription.htm</uri>
    </author>
    
        <category term="Notorious Cases" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[When a high profile defendant is arrested in some scandal and, after a lifetime of craving and getting publicity, won't say beans to the media, what do we hear from defense counsel?<div><br /></div><div>"We are not going to try this case in the press. &nbsp;The Constitution provides for trials so the facts can come out through legal process. &nbsp;It's wrong to draw any conclusions before my client has had his day in court. &nbsp;We eagerly look forward to our opportunity to tell the whole story in the proper setting; don't be misled by this bunch of half-truths the government has loaded into the indictment."</div><div><br /></div><div>And then what happens?</div><div><br /></div><div>We found out today in the John Edwards trial. &nbsp;Mr. Edwards, it should be remembered, is a multi-millionaire former senator and the 2004 Democratic candidate for Vice President. &nbsp;He made his fortune as the Golden Boy trial lawyer of North Carolina. &nbsp;Few, it was said, could speak to a jury as persuasively as he.</div><div><br /></div><div><a href="http://www.nypost.com/p/news/national/defense_won_call_edwards_cate_stipulations_g1vTyU8pTXZRnp6j7M5HTM">This</a> is what he had to say today.</div>]]>
        
    </content>
</entry>

<entry>
    <title>Brown Backs Off Closing DJJ</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/brown-backs-off-closing-djj.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9604</id>

    <published>2012-05-16T17:52:27Z</published>
    <updated>2012-05-16T22:24:04Z</updated>

    <summary type="html"><![CDATA[Now here's something different.&nbsp; California Governor Jerry Brown comes up with a plan to save the state money, and people who actually understand how things work are horrified and say it will be a disaster.&nbsp; Okay, nothing new there.&nbsp; What's...]]></summary>
    <author>
        <name>Kent Scheidegger</name>
        <uri>http://www.crimeandconsequences.com/crimblog/ccdescription.htm</uri>
    </author>
    
        <category term="Juveniles" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Prisons" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[Now here's something different.&nbsp; California Governor Jerry Brown comes up with a plan to save the state money, and people who actually understand how things work are horrified and say it will be a disaster.&nbsp; Okay, nothing new there.&nbsp; What's different this time is that Brown actually listened and backed down.<br /><br />Some years back, California had a huge number of juveniles in the state Department of Juvenile Justice.&nbsp; That number has been dramatically reduced, sending most of them to local facilities instead.&nbsp; But what do you do with the very worst?<br /><br />Karen de Sa <a href="http://www.mercurynews.com/california/ci_20631280/gov-jerry-brown-backtracks-plan-phase-out-states">reports</a> in the San Jose Mercury-News that in the Governor's original budget, he proposed closing the DJJ entirely.&nbsp; It is now wrong-sized for the number of wards it has, with a staggering cost of $200,000 each. Most of the usual suspects applauded, but persons of sense were horrified.<br /><br /><blockquote><span id="mn_Global"><span id="mn_Article"><p>Counties, already 
struggling with an influx of adult prisoners shifted to their watch 
under other state budget reforms, simply couldn't handle these 
most-difficult youths, they argued. Prosecutors warned that without 
state-run youth lockups, more juveniles would be sent to adult prisons.</p><p>"Often <span id="mn_Global"><span id="mn_Article">the ones going to DJJ are the
 most significant risk to public safety," said Karen Pank, executive 
director of the Chief Probation Officers of California.</span></span></p></span></span></blockquote>In the "May revise" of the budget, the governor has backed off.<br /> ]]>
        <![CDATA[<blockquote><span id="mn_Global"><span id="mn_Article"><p>But that decision to reverse course has left some lamenting the missed opportunity.</p></span></span></blockquote><blockquote><span id="mn_Global"><span id="mn_Article"><p>"Counties
 could do this better, even though it would take time and planning," 
said Sumayyah Waheed, who directs the Books Not Bars campaign for the 
Oakland-based Ella Baker Center for Human Rights. "It was just a matter 
of having the courage to go for something better."</p></span></span></blockquote><span id="mn_Global"><span id="mn_Article"><p>"Courage" and "something better" meaning, apparently, deciding it's okay to put the most violent thugs in county juvenile hall where they can prey upon kids who are in for far lesser delinquency?&nbsp; Or perhaps put them in the "big house"?&nbsp; Refreshingly, there are some people on the other side of the aisle who recognize the problem.</p></span></span><blockquote><span id="mn_Global"><span id="mn_Article"><p><span id="mn_Global"><span id="mn_Article"></span></span></p><p>Surprisingly, the new plan is acceptable to some of the state's most ardent prison critics.</p><p>"Some
 say shut DJJ down, but it's just not clear to me where these youth 
would go," said attorney Sara Norman of the Prison Law Office, which is 
monitoring a 2004 legal settlement over conditions of youth confinement.
 "It would be far better if there were small regionally run centers 
where kids could be close to their homes and families, but that doesn't 
seem to be in the stars."</p><p>Norman and others concede that counties 
are mostly unequipped to provide both the security and the intensive 
treatment that the most disturbed young offenders require.</p></span></span><p></p></blockquote><span id="mn_Global"><span id="mn_Article"></span></span>]]>
    </content>
</entry>

<entry>
    <title>More on CJLF&apos;s Single-Subject Suit</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/more-on-cjlfs-single-subject-s.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9603</id>

    <published>2012-05-15T22:21:40Z</published>
    <updated>2012-05-15T22:28:56Z</updated>

    <summary type="html"><![CDATA[CJLF's single-subject suit against the death penalty repeal initiative got some press coverage.&nbsp; Howard Mintz has this story for the San Jose Mercury News.&nbsp; David Siders has this post at the SacBee.&nbsp; AP has this story.The initiative supporters, naturally, are...]]></summary>
    <author>
        <name>Kent Scheidegger</name>
        <uri>http://www.crimeandconsequences.com/crimblog/ccdescription.htm</uri>
    </author>
    
        <category term="Death Penalty" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[CJLF's <a href="http://www.crimeandconsequences.com/crimblog/2012/05/single-subject-challenge-to-de.html">single-subject suit</a> against the death penalty repeal initiative got some press coverage.&nbsp; Howard Mintz has <a href="http://www.mercurynews.com/crime-courts/ci_20621396/bump-california-death-penalty-measure-from-november-ballot">this story</a> for the San Jose Mercury News.&nbsp; David Siders has <a href="http://blogs.sacbee.com/capitolalertlatest/2012/05/ballot-measure-on-death-penalty-faces-legal-challenge.html">this post</a> at the SacBee.&nbsp; AP has <a href="http://www.montereyherald.com/state/ci_20622851/lawsuit-seeks-keep-death-penalty-off-ballot">this story</a>.<br /><br />The initiative supporters, naturally, are adamant that their initiative has only one subject, but they don't seem to have coordinated with each other before talking with the press.<br /><br />From the Bee:&nbsp; "Former San Quentin Warden Jeanne Woodford said in a 
prepared statement that the ballot measure is 'about one thing and one 
thing only: ensuring that those who commit the most serious crimes in 
our state are caught and held accountable. Every aspect of the 
initiative is connected to that goal.' "<br /><br />From AP:&nbsp; "<span id="Site"><span id="ArticlePage">Backers of the proposition say the measure is solely about abolishing the death penalty."<br /><br />Q.E.D.<br /></span></span><div style="width: 1px; height: 1px; color: rgb(0, 0, 0); font: 10pt sans-serif; text-align: left; text-transform: none; overflow: hidden;">Q.<br /><br /><br />Read
 more here: 
http://blogs.sacbee.com/capitolalertlatest/2012/05/ballot-measure-on-death-penalty-faces-legal-challenge.html#storylink=cpy</div>]]>
        
    </content>
</entry>

<entry>
    <title>News Scan</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/news-scan-1196.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9602</id>

    <published>2012-05-15T20:28:03Z</published>
    <updated>2012-05-15T22:11:35Z</updated>

    <summary type="html">Repeat Offender Sentenced to 6 Years Serves 81 Days: KGET TV 17 News reports Israel Iglesias, a six-time DUI offender, was sentenced to 6 years in jail in Kern County, but was released after serving just 81 days. &quot;It&apos;s a...</summary>
    <author>
        <name>CJLF Staff</name>
        <uri>http://www.crimeandconsequences.org</uri>
    </author>
    
        <category term="News Scan" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[<b>Repeat Offender Sentenced to 6 Years Serves 81 Days: </b>KGET TV 17 News <a href="http://www.kget.com/news/local/story/Repeat-DUI-offender-sentenced-to-6-Years-but/Siy-8FjJ5E2tRXmjxNMXfg.cspx">reports</a> <font><font size="2">Israel Iglesias, a six-time DUI offender, was sentenced to 6 years in jail in Kern County, but was released after serving just 81 days. </font></font><font><font size="2">"It's a break I guess, and I'm taking full advantage of that," said&nbsp;Iglesias. </font></font><font><font size="2">Chief Deputy Kevin Zimmerman of the Kern County Sheriff's Department said they try to save beds for the most serious offenders, and </font></font><font><font size="2">Iglesias was released early because he is considered </font>a </font><font><font size="2">non-violent, non-serious, and non-sexual offender. </font></font><font><font size="2">"Since my 18th birthday I've been in and out of prison every single year for one thing or another," </font></font><font><font size="2">Iglesias </font></font><font><font size="2">said. The </font></font><font><font size="2"> Kern County Superior Court website shows </font></font><font><font size="2"> 
Iglesias has had 23 different criminal cases, and has been through at least three substance abuse programs in the last four years. </font></font><br /><br /><b>Stay of Execution Issued in Texas: </b>Michael Graczyk of the Associated Press <a href="http://www.chron.com/news/article/Texas-inmate-to-die-Wednesday-gets-reprieve-3557337.php">reports</a> the Texas Court of Criminal Appeals on Monday gave a reprieve to Steven Staley, who was scheduled to be executed by lethal injection Wednesday for the 1989 shooting death of a restaurant manager during a botched robbery. Staley, who escaped from a halfway house in Denver, had implicated himself in the slaying in a written statement.  In his appeal to the court, Staley's attorney said he was only deemed competent for execution because a state judge had ordered Staley be given drugs to make him competent. In its 8-1 ruling, the court said it had determined that Staley's execution should be halted "pending further order by this&nbsp;court," and gave no other reason. <br /><br /><b>Mississippi Requests 3 Executions on Consecutive Days: </b>The Associated Press <a href="http://www.clarionledger.com/article/20120514/NEWS/120514025/3-Miss-death-row-inmates-may-executed-1-week-next-month?odyssey=nav%7Chead">reports</a> Mississippi Attorney General Jim Hood's office on Monday asked the state Supreme Court to set execution dates for three men on consecutive days in June after the U.S. Supreme Court refused to hear the appeals of Henry Curtis Jackson Jr., Gary Carl Simmons Jr. and Jan 
Michael Brawner. Tara Booth, a spokeswoman for the Mississippi Department of Corrections, said the department is capable of conducting three consecutive executions. Mississippi state law says that the state Supreme Court must set an execution date within 30 days after appeals are exhausted.&nbsp; <br /><p><br /></p>]]>
        
    </content>
</entry>

<entry>
    <title>They are not like us</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/they-are-not-like-us.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9601</id>

    <published>2012-05-15T18:18:46Z</published>
    <updated>2012-05-15T18:25:24Z</updated>

    <summary type="html"><![CDATA[One of the most persistent errors of people who set out to reform criminal law is the idea that the people who have committed the most horrible crimes are just like us down deep.&nbsp; The Quakers created the "penitentiary" way...]]></summary>
    <author>
        <name>Kent Scheidegger</name>
        <uri>http://www.crimeandconsequences.com/crimblog/ccdescription.htm</uri>
    </author>
    
        <category term="General" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Prisons" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Rehabilitation" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[One of the most persistent errors of people who set out to reform criminal law is the idea that the people who have committed the most horrible crimes are just like us down deep.&nbsp; The Quakers created the "penitentiary" way back in the late eighteenth century believing that criminals, if confined, would be penitent and reflect deeply and remorsefully on what they had done.&nbsp; After all, that is what the good Quakers would do if they had deeply sinned.<br /><br />Well, they aren't like us, and they don't reflect deeply and repent.&nbsp; John Christoffersen has <a href="http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/15/national/a084536D02.DTL">this story</a> for AP from Connecticut:<br /><br /><blockquote>The Connecticut killer who once called himself one of the most hated 
men in America said in a death row interview that he tries not to think 
about the murder of a suburban mother and her two daughters, suffers no 
nightmares and has nothing to say to the only survivor of the brutal 
2007 attack.<p></p>
<p>Joshua Komisarjevsky told The Associated Press in his first interview
 since he was convicted that there isn't anything he could say to Dr. 
William Petit "that will restore the lives lost."</p>
<p>He also declined an opportunity to express remorse for the killings.</p>
<p>"I guess my reaction is not the reaction society expected," Komisarjevsky said.</p></blockquote><p>It's exactly the reaction I expected.<br /></p>]]>
        
    </content>
</entry>

<entry>
    <title>News Scan </title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/news-scan-1195.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9600</id>

    <published>2012-05-14T22:10:35Z</published>
    <updated>2012-05-14T23:06:48Z</updated>

    <summary type="html"><![CDATA[Crime Down Under New York Frisk Policy:&nbsp; The widely criticized "stop, question and frisk" policy which has been implemented in New York over the past several months has been credited for increasing the confiscation of illegal guns by 31%&nbsp; and...]]></summary>
    <author>
        <name>CJLF Staff</name>
        <uri>http://www.crimeandconsequences.org</uri>
    </author>
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[<span style="font-weight: bold;">Crime Down Under New York Frisk Policy</span>:&nbsp; The widely criticized "stop, question and frisk" policy which has been implemented in New York over the past several months has been credited for increasing the confiscation of illegal guns by 31%&nbsp; and contributing to a 21% drop in the homicide rate so far this year.&nbsp; A CNN story <a href="http://www.cnn.com/2012/05/13/us/new-york-police-policy/index.html?hpt=hp_t2">reports</a> that everyone is not happy with the policy.&nbsp; A spokesperson for the New York Civil Liberties Union called the practice "unlawful and racially biased."&nbsp; This in response to police figures showing that of those stopped and frisked, 93% were males, 54% were African American, 33% Hispanics, 9% while and 3% were Asian.&nbsp; The Police Commissioner noted that 90% of murder victims last year were African American or Hispanic.&nbsp; <br /><br /><b>Mexican Drug Gangs Continue Bloody War:</b>&nbsp; Luis Ochoa of Reuters <a href="http://www.reuters.com/article/2012/05/13/us-mexico-slayings-idUSBRE84C08420120513">reports</a> that the brutal Mexican drug gang Zetas is claiming responsibility of 49 headless corpses discovered Sunday along a highway outside of Monterrey, the country's most affluent city.&nbsp; The hands and feet of the victims has also been cut off presumably to make identification more difficult.&nbsp; Last week 18 decapitated bodies were found near Guadalajara, Mexico's second largest city.&nbsp; A week earlier the bodies of 9 people were found hanging from a bridge and 14 others found dismembered in Nuevo Laredo, just across the border from Laredo, Texas.&nbsp; Security analyst Alberto Islas credits much of the recent violence to a fight between two drug gangs over control of cocaine from South America.&nbsp; "They're fighting across the whole country with complete impunity," he said.&nbsp; <br /> 

]]>
        
    </content>
</entry>

<entry>
    <title>Single-Subject Challenge to Death Penalty Initiative</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/single-subject-challenge-to-de.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9599</id>

    <published>2012-05-14T21:15:15Z</published>
    <updated>2012-05-14T23:33:28Z</updated>

    <summary type="html"><![CDATA[CJLF has filed a challenge to the "Savings, Accountability, and Full Enforcement for California Act" initiative.What is that, you ask?&nbsp; Given the title, you will probably be surprised to learn it is the initiative to repeal the death penalty.&nbsp; And...]]></summary>
    <author>
        <name>Kent Scheidegger</name>
        <uri>http://www.crimeandconsequences.com/crimblog/ccdescription.htm</uri>
    </author>
    
        <category term="Death Penalty" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[CJLF has filed a challenge to the "Savings, Accountability, and Full Enforcement for California Act" initiative.<br /><br />What is that, you ask?&nbsp; Given the title, you will probably be surprised to learn it is the initiative to repeal the death penalty.&nbsp; And that is a prominent feature of our argument.<br /><br />The California Constitution provides, "An initiative measure embracing more than one subject may not be submitted to the electors...."&nbsp; This initiative combines death penalty repeal with an unrelated provision to transfer $100M from the state general fund to a special fund under the control of the Attorney General.&nbsp; Neither the proponents nor the Attorney General have been able to come up with a title that embraces both provisions, a strong indication they are separate subjects within the meaning of the constitutional provision.<br /><br />The lead petitioner is Phyllis Loya.&nbsp; Her son, <a href="http://www.odmp.org/officer/17741-police-officer-larry-elwood-lasater-jr">Officer Larry Lasater</a>, was murdered in the line of duty in 2005.&nbsp; One of the perpetrators is on death row.<br /><br />Our petition in <i>Loya v. Bowen</i>, C071040, is <a href="http://www.cjlf.org/briefs/LoyaPetition.pdf">here</a>.<br /> ]]>
        
    </content>
</entry>

<entry>
    <title>SCOTUS Order and Opinion Day</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/scotus-order-and-opinion-day.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9598</id>

    <published>2012-05-14T14:32:05Z</published>
    <updated>2012-05-14T14:50:39Z</updated>

    <summary type="html"><![CDATA[The US Supreme Court issued only one opinion today, in a tax/bankruptcy case, Hall v. United States.The orders list had one vacate and remand "in light of the position asserted by the Solicitor General" in Garcia v. United States, 11-8728.&nbsp;...]]></summary>
    <author>
        <name>Kent Scheidegger</name>
        <uri>http://www.crimeandconsequences.com/crimblog/ccdescription.htm</uri>
    </author>
    
        <category term="U.S. Supreme Court" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[The US Supreme Court issued only one opinion today, in a tax/bankruptcy case, <i>Hall</i> v. <i>United States</i>.<br /><br />The <a href="http://www.supremecourt.gov/orders/courtorders/051412zor.pdf">orders list</a> had one vacate and remand "in light of the position asserted by the Solicitor General" in <i>Garcia</i> v. <i>United States</i>, <a href="http://www.supremecourt.gov/docketfiles/11-8728.htm">11-8728</a>.&nbsp; The Fifth Circuit's unpublished memorandum opinion is <a href="http://www.ca5.uscourts.gov/opinions/unpub/11/11-10287.0.wpd.pdf">here</a>.&nbsp; The issue has to do with giving a defendant a longer sentence for the purpose of rehabilitating him, related to the issue in <a href="http://www.supremecourt.gov/opinions/10pdf/10-5400.pdf"><i>Tapia</i> v. <i>United States</i></a>, 131 S. Ct. 2382 (2011).<br /><br />No other grants of certiorari.&nbsp; All of the cases listed as capital on the <a href="http://certpool.com/conferences/2012-05-10">Cert Pool's list</a> were denied.<br />]]>
        
    </content>
</entry>

<entry>
    <title>Is Gay Bullying a Crime?</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/is-gay-bullying-a-crime.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9597</id>

    <published>2012-05-11T19:50:51Z</published>
    <updated>2012-05-11T20:18:36Z</updated>

    <summary type="html"><![CDATA[This blog is not about social issues, and I'm not going to touch with the proverbial ten foot pole the swirling controversy about gay marriage and President Obama's recent change of position. &nbsp;But issues related to homosexuality are much in...]]></summary>
    <author>
        <name>Bill Otis</name>
        <uri>http://www.crimeandconsequences.com/crimblog/ccdescription.htm</uri>
    </author>
    
        <category term="Notorious Cases" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[This blog is not about social issues, and I'm not going to touch with the proverbial ten foot pole the swirling controversy about gay marriage and President Obama's recent change of position. &nbsp;But issues related to homosexuality are much in the news, from gay bullying in middle school to the notorious <a href="http://www.northjersey.com/news/crime_courts/Prosecutors_seek_jail_time_for_Ravi_in_Rutgers_webcam_case.html">case</a> of a Rutgers student,&nbsp;Dharun Ravi, who was convicted on 24 (of 35) counts of secretly recording his roommate erotically kissing another male. &nbsp;Ravi thereafter had a "viewing party," inviting a few buddies over to laugh at his lovelorn roommate. &nbsp;The roommate, Tyler Clementi, didn't take it so well. &nbsp;Overcome by the shame and humiliation Ravi intended to produce, he killed himself.<div><br /></div><div>It's highly unlikely that Ravi could have anticipated such a horrible outcome &nbsp;-- &nbsp;but that's not the point. &nbsp;The invasion of privacy and the go-to-hell attitude &nbsp;-- &nbsp;anywhere from mind-numbing callousness to outright malice &nbsp;-- &nbsp;is recognizably criminal. &nbsp;Ravi is facing up to ten years, but the prosecutor has not asked for that much, saying merely that Ravi deserves a period of incarceration.</div><div><br /></div><div>Some on the defense side have said that, in all likelihood, no criminal case would have been brought at all absent the suicide. &nbsp;I'm in no position to evaluate that claim, as I do not know the local prosecution standards. &nbsp;One may assume it's true, and still believe, as I do, that when you laughingly assume the risk of such gratuitous and cruel damage to a fellow creature, you assume the risk of jail for yourself. &nbsp;And if that's where Ravi winds up, no one should lose any sleep. &nbsp;<br /><div><br /></div><div><br /></div></div>]]>
        
    </content>
</entry>

<entry>
    <title>Sometimes a Little Math Helps </title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/sometimes-a-little-math-helps.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9596</id>

    <published>2012-05-11T19:26:10Z</published>
    <updated>2012-05-11T19:48:27Z</updated>

    <summary type="html">Christopher Glazek has this piece over at n+1 that makes this astounding claim: Crime has not fallen in the United States--it&apos;s been shifted. Just as Wall Street connived with regulators to transfer financial risk from spendthrift banks to careless home...</summary>
    <author>
        <name>Steve Erickson</name>
        <uri>http://www.crimeandconsequences.com/crimblog/ccdescription.htm</uri>
    </author>
    
        <category term="Prisons" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[Christopher Glazek has <a href="http://nplusonemag.com/raise-the-crime-rate">this piece</a> over at n+1 that makes this astounding claim: <br /><br /><blockquote>Crime has not fallen in the United States--it's been shifted. Just as 
Wall Street connived with regulators to transfer financial risk from 
spendthrift banks to careless home buyers, so have federal, state, and 
local legislatures succeeded in rerouting criminal risk away from urban 
centers and concentrating it in a proliferating web of hyperhells. The 
statistics touting the country's crime-reduction miracle, when 
juxtaposed with those documenting the quantity of rape and assault that 
takes place each year within the correctional system, are exposed as not
 merely a lie, or even a damn lie--but as the single most shameful lie in
 American life.<br /><br /></blockquote>Now if Mr. Glazek is willing to limit his claim to the prevalence of sexual assault, it might be credible.&nbsp; It is easily conceivable that sexual assault is both frequent and under-reported in correctional facilities.&nbsp; But his claim is broader:&nbsp; Crime has not fallen despite large increases in incarceration - rather it's merely been transferred to the world of "hyperhell" prison cells. <br /><br />But the data simply does not support this assertion. <br /><br />In 1991, there were 24,703 homicides in the United States.&nbsp; In 1999, there were 15,522 - a decline of <a href="http://bjs.ojp.usdoj.gov/content/pub/pdf/htus8008.pdf">9,181</a> (pdf).&nbsp; In 2009 there were 23 homicides in the nation's jails and 55 in the nation's state prisons for a <a href="http://bjs.ojp.usdoj.gov/content/pub/pdf/pjdc0009st.pdf">grand total of 78</a> (pdf).&nbsp; Additionally, the Bureau of Justice Statistics reports that between 2001 and 2007 the jail inmate mortality rate declined by 13%. &nbsp; <br /><br />No serious person could deny that crime - including violent crime - occurs in correctional facilities and that it is wrong and abhorrent.&nbsp; But the notion that the crime rate has not fallen in the United States is simply false and the data backs that assertion up quite easily.&nbsp; <br /> ]]>
        
    </content>
</entry>

<entry>
    <title>What New York Owes James Q. Wilson</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/what-new-york-owes-james-q-wil.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9594</id>

    <published>2012-05-11T17:43:22Z</published>
    <updated>2012-05-11T17:46:09Z</updated>

    <summary type="html">Rudy Giuliani has this article in the City Journal.Wilson&apos;s idea [Broken Windows, with George Kelling] was a revelation and a reversal of the conventional wisdom up to that point. The dominant liberal theories told us that if we provided more...</summary>
    <author>
        <name>Kent Scheidegger</name>
        <uri>http://www.crimeandconsequences.com/crimblog/ccdescription.htm</uri>
    </author>
    
        <category term="Public Order" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[Rudy Giuliani has <a href="http://www.city-journal.org/2012/22_2_james-q-wilson.html">this article</a> in the City Journal.<br /><br /><blockquote>Wilson's idea [Broken Windows, with George Kelling] was a revelation and a reversal of the conventional wisdom
 up to that point. The dominant liberal theories told us that if we 
provided more social services to the poor, perhaps crime would get 
better. But Wilson suggested that instead we turn our attention to 
providing a better and cleaner place to live, raising the expectations 
of the community by improving the quality of life--and that then crime 
would decline. <br /></blockquote>And it did.<br />]]>
        
    </content>
</entry>

<entry>
    <title>News Scan</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/news-scan-1194.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9595</id>

    <published>2012-05-11T17:27:20Z</published>
    <updated>2012-05-11T22:25:24Z</updated>

    <summary type="html">Human Trafficking and Sex Offender Initiative Qualifies for CA Ballot: Torey Van Oot of The Sacramento Bee reports a California initiative titled &quot;Human Trafficking. Penalties. Sex Offender Registration.&quot; has qualified for the November ballot. The initiative increases penalties for human...</summary>
    <author>
        <name>CJLF Staff</name>
        <uri>http://www.crimeandconsequences.org</uri>
    </author>
    
        <category term="News Scan" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[<b>Human Trafficking and Sex Offender Initiative Qualifies for CA Ballot: </b>Torey Van Oot of The Sacramento Bee <a href="http://blogs.sacbee.com/capitolalertlatest/2012/05/anti-human-trafficking-measure-qualifies-for-california-ballot.html">reports</a> a California initiative titled "Human Trafficking. Penalties. Sex Offender Registration." has qualified for the November ballot. The initiative increases penalties for human trafficking violations, and requires sex offenders, which includes those convicted of human trafficking crimes, to report information about their online accounts. The full text of the initiative is <a href="http://ag.ca.gov/cms_attachments/initiatives/pdfs/i1002_11-0059_%28human_trafficking%29.pdf">here</a>. <br /><br /><b>DNA Links Serial Killer to 5 More Deaths: </b>Tom Hallman Jr. of The Oregonian <a href="http://www.oregonlive.com/portland/index.ssf/2012/05/portland_detectives_definitely.html">reports</a> Randy Woodfield, dubbed the I-5 Killer, has been linked for five more murders - three in the Portland area and two in Shasta County in California. Woodfield preyed on people in towns along a 500-mile stretch of Interstate 5 in the late 1970s and early 1980s. He was sentenced to life in prison in Oregon in 1981 for the execution-style murder of one woman and the attempted murder of another. In 2001, Woodfield's DNA was linked to the 1980 murder of a 29-year-old woman. New DNA technology used by the Oregon State Police Crime Lab called Magnetic Bead Extraction linked Woodfield to two more Portland murders in 2009. Woodfield was also linked to the murder of a teenager in Oregon, and the slaying of a mother and her 14-year-old daughter in Shasta County. However, a joint decision was made among multiple district attorney's offices to not prosecute Woodfield.  Rod Underhill, a senior deputy at the Multnomah County 
District Attorney's Office, said it made no sense to spend resources prosecuting a man already sentenced to life in prison. <br /><br /><b>Nail Scrapings Tie Killer to Third Murder: </b>Helen Freund and C.J. Sullivan of the New York Post <a href="http://www.nypost.com/p/news/local/nailed_from_grave_TezV6quVg0EpSg2D3NnjSP">report</a> James David Martin was arraigned this week in Bronx Criminal Court on murder, rape, and sodomy charges for the strangling of a 14-year-old girl in 1998. Martin is currently serving a prison sentence for strangling his live-in girlfriend and leaving her body in a shopping-center dumpster. Fifteen years before, at age 17, he choked to death a 15-year-old boy at his high school to steal the victim's shoes. DNA collected from the victim's nail scrapings retrieved from evidence storage linked Martin to the crime. "He just turned 40," the victim's foster mom said of Martin. "And he already has 
killed three people. They need to bring the electric chair back and fry 
him."<div style="overflow: hidden; color: rgb(0, 0, 0); background-color: rgb(255, 255, 255); text-align: left; text-decoration: none; border: medium none;"><br /><b>CA Man Already on Death Row Receives Another Death Sentence: </b><span id="RDS_article"><span class="author vcard"><span class="fn">Bill Hetherman of City News Service</span></span></span> <a href="http://www.presstelegram.com/news/ci_20599342/death-row-inmate-faces-additional-death-sentence">reports</a> <span id="RDS_article">Raymond Oscar Butler, already on death row in California for shooting two students in the back of the head in a grocery store parking lot in 1994, was sentenced to death again by </span><span id="RDS_article">Los Angeles Superior Court Judge Ronald Coen for killing a fellow jail inmate while awaiting trial for the double slaying. This was also the second time Butler was sentenced to death for the stabbing death of </span><span id="RDS_article">Tyrone Flemming. His original conviction and death sentenced for Flemming's murder was reversed by the state's highest court, which ruled a judge had erroneously decided Butler could not act as his own attorney. He represented himself during his retrial. </span><span id="RDS_article">Deputy District Attorney David Barkhurst said Butler has had multiple run-ins with fellow inmate and has had a number of weapons recovered from his cell. He has also unleashed containers with human waste at prison guards.</span></div><span id="RDS_article"></span><span id="RDS_article"></span><span id="RDS_article"></span><br /><br /><div style="width: 1px; height: 1px; color: rgb(0, 0, 0); font: 10pt sans-serif; text-align: left; text-transform: none; overflow: hidden;"><br />Read
 more here: 
http://blogs.sacbee.com/capitolalertlatest/2012/05/anti-human-trafficking-measure-qualifies-for-california-ballot.html#storylink=cpy</div><br />]]>
        
    </content>
</entry>

<entry>
    <title>News Scan</title>
    <link rel="alternate" type="text/html" href="http://www.crimeandconsequences.com/crimblog/2012/05/news-scan-1193.html" />
    <id>tag:www.crimeandconsequences.com,2012:/crimblog//1.9593</id>

    <published>2012-05-10T21:31:51Z</published>
    <updated>2012-05-10T23:16:07Z</updated>

    <summary type="html">Justice Department Sues Arpaio: Walter Berry of the Associated Press reports the U.S. Justice Department filed a lawsuit Thursday against Arizona Sheriff Joe Arpaio and his Maricopa County office over allegations of civil rights violations and racial profiling. Federal officials...</summary>
    <author>
        <name>CJLF Staff</name>
        <uri>http://www.crimeandconsequences.org</uri>
    </author>
    
        <category term="News Scan" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.crimeandconsequences.com/crimblog/">
        <![CDATA[<b>Justice Department Sues Arpaio: </b>Walter Berry of the Associated Press <a href="http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/09/national/a150051D38.DTL">reports</a> the U.S. Justice Department filed a lawsuit Thursday against Arizona Sheriff Joe Arpaio and his Maricopa County office over allegations of civil rights violations and racial profiling. Federal officials said in the 18-year history of the DOJ's police reform efforts, only once before has the agency filed a lawsuit against a police department that they failed to reach an agreement with. The lawsuit means a federal judge will now rule on the matter. <br /><br /><b>Condemned California Serial Killer to Face Murder Charges in New York: </b>Jennifer Peltz of the Associated Press <a href="http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2012/05/10/national/a093400D46.DTL">reports </a>the California Supreme Court on Wednesday cleared the way for death row inmate Rodney Alcala to be extradited to New York to face charges in two 1970s killings. Alcala was sentenced to death for strangling four women and a 12-year-old girl in Southern California - killings that prosecutors say were accompanied by sexual abuse and torture. The Manhattan district attorney has charged Alcala with murdering two 23-year-old women. A conviction in New York wouldn't affect Alcala's death sentence in California, but a conviction would be insurance in case Alcala won an appeal in his death sentence case. <br /><br /><div style="overflow: hidden; color: rgb(0, 0, 0); background-color: rgb(255, 255, 255); text-align: left; text-decoration: none; border: medium none;"><b>Arizona Death Row Inmate Sues Governor: </b>Bob Ortega of The Republic <a href="http://www.azcentral.com/news/articles/2012/05/10/20120510arizona-death-row-inmate-sues-brewer-Lopez.html">reports</a> attorneys for Samuel Villegas Lopez, who is set for execution in Arizona next week, has sued Arizona Governor Jan Brewer over three newly appointed members to the state's Board of Executive Clemency. Lopez claims that Gov. Brewer's appointees guarantee that clemency will never be granted in any controversial or high-profile case.&nbsp; Lopez was sentenced to death in 1987 for the murder of Estefana Holmes, whom he raped, sodomized and stabbed than 20 times before slitting her throat. If Superior Court Judge Joseph Kreamer grants the petition, the board's actions in more than 60 other cases it has considered could be nullified, and Brewer would be forced to start the appointment process over again, causing significant delays in other clemency hearings. The petition asked Kreamer to send a request for a stay of execution to the Arizona Supreme Court. <br /><div style="overflow: hidden; color: rgb(0, 0, 0); background-color: rgb(255, 255, 255); text-align: left; text-decoration: none; border: medium none;"><br /></div></div>

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