[T]his Article explores a form of grounded preventive justice neglected in existing scholarly, legal, and policy accounts. Grounded preventive justice offers a positive substitutive account of abolition that aims to displace criminal law enforcement through meaningful justice reinvestment to strengthen the social arm of the state and improve human welfare. This positive substitutive abolitionist framework would operate by expanding social projects to prevent the need for carceral responses, decriminalizing less serious infractions, improving the design of spaces and products to reduce opportunities for offending, redeveloping and "greening" urban spaces, proliferating restorative forms of redress, and creating both safe harbors for individuals at risk of or fleeing violence and alternative livelihoods for persons subject to criminal law enforcement. By exploring prison abolition and grounded preventive justice in tandem, this Article offers a positive ethical, legal, and institutional framework for conceptualizing abolition, crime prevention, and grounded justice together.
Recently in Sentencing Category
The ACCA has a "three strikes" provision for violent felony priors, defined as a crime punished by over a year in prison that :
(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; orWhat the heck does that last part mean? That's the problem. Criminal laws need to be more clear than that, the majority says. The rest of the law remains in force.
(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another
The case is Johnson v. United States, No. 13-7120. Justices Kennedy and Thomas concur in the judgment overturning Johnson's sentence by applying rather than invalidating the statute. That is, they believe the statute is constitutional but that possessing a short-barreled shotgun is not a violent felony under the statute. Justice Alito dissents.
No Glossip today. From a press coverage viewpoint, that's just as well, as the decision in a civil case will suck all the oxygen out of the room. The Court has informed the press that Monday is the last day of the term, so we will definitely have a decision then.
An Ad Hoc Committee to conduct a comprehensive and impartial review of the administration and operation of the Criminal Justice Act (CJA) has begun accepting public comments at the following address: CJAStudy@ao.uscourts.gov. It also is anticipated that in the course of its work the committee will hold public hearings.My own view is that those who undertake CJA defense are, on the whole, quite good, and earn all they get if not more. I also think, however, that if we can afford more for the defense of criminals, we can afford more to keep them, after conviction, incarcerated and away from the public.
The CJA was enacted to create a system for providing defense services to financially eligible federal criminal defendants. It became effective fifty years ago this year. Judicial Conference policy supports a periodic, comprehensive, and impartial review of the CJA program.
The constant refrain that "we just don't have the money for prison" is tripe. The BOP budget, like every aspect of the federal government's budget, is less a description of fiscal reality than of political priorities. If this Administration wanted to shift its priorities toward keeping the crime rate low (rather than, for example, funding its gargantuan clemency initiative), it could easily do so. And should.
The Baltimore Sun ran a headline (since changed) that had the air of a conundrum, although it isn't very puzzling, "With arrests down in Baltimore, mayor 'examining' increase in killings." According to the paper, arrests have dropped by about half in May. The predictable result is that violent crime is spiking.
The implication is clear: More people need to be arrested in Baltimore, not fewer. And more need to be jailed. If black lives truly matter, Baltimore needs more and better policing and incarceration to impose order on communities where a lawless few spread mayhem and death.
WASHINGTON (WUSA9) -- New, horrifying details are surfacing about what happened inside the Savopoulos mansion near Vice President Joe Biden's house before the murders.
A law enforcement source tell WUSA9's Bruce Leshan that detectives now believe the killers tortured the 10-year-old boy, Phillip Savopoulos, in the effort to get money out of his father.
Police believe the killers were in the house for about 10 hours, and that they successfully forced the Savopoulos family to get them tens of thousands of dollars. Someone may have actually had to go out and get the cash while the rest of the family and their housekeeper were held hostage.
The prime suspect in this grotesque crime is one Daron Dylan Wint.
Was Wint a stranger to the criminal justice system? Not exactly.
Khalid Al Fawwaz was sentenced today for his part in the 1998 Embassy Bombing plot. He received three life sentences and a ten-year sentence, concurrent. And Judge Kaplan added this:
The Court makes the following recommendation to the Department of Justice: The Court is mindful of the fact that defendant may have the ability to apply to the U.S. Department of Justice under the international prisoner transfer program to be allowed to serve some or all of his sentence in another nation. Although a decision on any such application, if one is made, would be up to the Department of Justice, the Court strongly recommends that any such application be denied. The defendant has been convicted of very serious crimes against American citizens. His punishment ought to be served in, and more particularly, always remain under the control of the United States of America.Now that's refreshing to hear from a federal judge.
In 1981, Hastings was charged with accepting a $150,000 bribe in exchange for a lenient sentence and a return of seized assets for 21 counts of racketeering by Frank and Thomas Romano, and of perjury in his testimony about the case. In 1983, he was acquitted by a jury after his alleged co-conspirator, William Borders, refused to testify in court (resulting in a jail sentence for Borders).
In 1988, the Democratic-controlled U.S. House of Representatives took up the case, and Hastings was impeached for bribery and perjury by a vote of 413-3. He was then convicted in 1989 by the United States Senate (also controlled by the Democrats), becoming the sixth federal judge in the history of the United States to be removed from office by the Senate.
But Judge Hastings is a superb politician, and got himself elected to Congress in 1992. He's still there -- but as he tells us, just getting by.
Is it valid to argue, in effect, that a criminal shouldn't be incarcerated because he's the father of five or six (or any) kids? Not unless criminal law is to be stood on its head.
Criminal law is founded on the concepts of individual justice and personal responsibility. The criminal's guilt and sentence are based on his behavior and his individual history, not on social concerns (or "social justice" to use the popular oxymoron).
Social considerations enter the equation at the level of determining what behavior is criminal. But this determination has never to my knowledge been based on the ability of a particular segment of society to avoid committing a type of crime.
Moreover, social concerns don't control sentencing. If they did, given the extremely high rates of recidivism, the result would be much longer sentences as a means of protecting society from crime.
President Obama made an impassioned call Tuesday for Americans to do "some soul searching" in the wake of this week's rioting in Baltimore, arguing the U.S. has faced "a slow-rolling crisis" over race and economic opportunity in urban areas....Obama sharply condemned the rioters for damaging private property and taking items from local stores: "They're not protesting. They're not making a statement. They're stealing."But he also directed his criticism toward Americans--including the news media and some politicians--for failing to address the chronic problems of men, women and children who live in poverty and find their opportunities limited because of poor schools or long stints in prison.
Metro Transit Police said they are looking for a man who is shown in a surveillance video punching another man and knocking him down on an escalator in the rail system.
Police said the man shown in the video allegedly assaulted a 69-year-old man Friday around 1 p.m. at the Eastern Market station.
The man victim told police he was pushed by another man as he got off the train. The two then engaged in a verbal altercation on an escalator at the stop. The victim told authorities that the other man then punched him in the face with a closed fist.
Neither the wheelchair theft nor this assault is exactly big news, which is precisely why I write about them. When we turn away from prison as the answer to this sort of "routine" crime, we're inviting more of it. As in the Sixties and Seventies, more of it is what we'll get.