j u s t c r i m

codification of actual innocence habeas relief | h.r. 3986

2009-11-06T10:57:18-08:00

CLARIFICATION OF THE AVAILABILITY OF FEDERAL HABEAS CORPUS RELIEF FOR A PERSON WHO IS SENTENCED TO DEATH THOUGH ACTUALLY INNOCENT

H. R. 3986 - To amend title 28, United States Code, to clarify the availability of Federal habeas corpus relief for a person who is sentenced to death though actually innocent. (IN THE HOUSE OF REPRESENTATIVES November 3, 2009)

life prison sentencing | juveniles

2009-11-06T10:24:27-08:00

Scotusblog say | Monday is oral argument day for Graham v. Florida (08-7412) on the "constitutionality of life prison sentence for juvenile convicted of a non-homicide crime."

Chuck Biscuits just fine ... Hoaxed

2009-10-30T08:50:09-07:00

Ah well, NME, NPR, Boston Herald ... etc. All posted stories reporting Chuck Biscuits' death. All hoaxed (me2). The great news is Chuck Biscuits is just fine... Next time I'll wait till TMZ runs a story to post here, promise.

Chuck Biscuits: 1965-2009

2009-10-29T09:37:00-07:00

[ ... Flip forward to 7:24 or listen to the entire run ... a fantastic drummer, rest in peace ]

2008 Law Enforcement Officers Killed and Assaulted (FBI)

2009-10-21T08:53:03-07:00

2008 Law Enforcement Officers Killed and Assaulted (FBI) - "According to information released today by the FBI, 41 law enforcement officers were feloniously killed in the line of duty last year; 68 officers died in accidents while performing their duties; and 58,792 officers were assaulted while on duty. The 2008 edition of Law Enforcement Officers Killed and Assaulted released today provides comprehensive tabular data about these incidents and brief narratives describing the fatal attacks. "

Slouching Toward Abolition: the American Capital Punishment Debate and the Economic Crisis

2009-10-21T08:45:52-07:00

open access week ... a new look and feel @ the CDL's eScholarship site ... eScholarship provides a suite of open access, scholarly publishing services to the University of California and a dynamic research platform to scholars worldwide.

And a link to this open access article

Simon, Jonathan S. (2009). Slouching Toward Abolition: the American Capital Punishment Debate and the Economic Crisis. UC Berkeley: Center for the Study of Law and Society Jurisprudence and Social Policy Program. Retrieved from: http://escholarship.org/uc/item/8gc6x8p1

1500 pages plus - a health care bill

2009-10-21T08:38:35-07:00

The Health Care Bill - 1500 pages plus : "To provide affordable, quality health care for all Americans and reduce the growth in health care spending, and for other purposes ..."

"incarceration american-style"

2009-10-14T15:51:35-07:00

Dolovich, Sharon, Incarceration American-Style (October 13, 2009). Harvard Law & Policy Review, Vol. 3, p. 237, 2009 ; UCLA School of Law Research Paper No. 09-27. Available at SSRN: http://ssrn.com/abstract=1488439

Abstract:
"In the United States today, incarceration is more than just a mode of criminal punishment. It is a distinct cultural practice with its own aesthetic and technique, a practice that has emerged in recent decades as a catch-all mechanism for managing social ills. In this essay, I argue that this emergent carceral system has become self-generating - that American-style incarceration, through the conditions it inflicts, produces the very conduct society claims to abhor and thereby guarantees a steady supply of offenders whose incarceration the public will continue to demand. I argue, moreover, that this reproductive process works to create a class of permanently marginalized and degraded noncitizens - disproportionately poor people of color - who are marked out by the fact of their incarceration for perpetual social exclusion and ongoing social control. This essay serves as the Foreword to a symposium in the Harvard Law & Policy Review addressing the costs of mass incarceration."

United Nations Criminal Justice Standards for United Nations Police

2009-10-14T15:43:33-07:00

United Nations Criminal Justice Standards for United Nations Police (PDF; 681 KB)
Source: United Nations Office on Drugs and Crime (UNODC) and the UN Department for Peacekeeping Operations (DPKO)

Building peace requires more than simply bringing an end to armed conflict; it also requires strengthening the rule of law. The international standards and norms summarized in the present handbook can assist in this critical process. The handbook summarizes the inter- national human rights and criminal justice principles that United Nations police personnel must know, abide by and promote when deployed in peacekeeping operations and special political missions. As such, it is designed to serve a dual purpose. Firstly, it is a code of conduct for police operating under the United Nations flag. Secondly, it is a reference source to help national authorities to improve policing.

texas forensic science commission | perry's massacre

2009-10-14T15:28:51-07:00

Dallas News: Perry's Actions Increasingly Suspect (Editorial; Oct 12, 2009) - Gov. Rick Perry's Saturday night massacre of the Texas Forensic Science Commission has extended into Sunday and beyond.

When the governor abruptly unseated three commission members, including the chairman, he derailed a hearing about a flawed arson investigation that led to an execution. Little more than a week later, the governor has replaced a fourth member of the forensic science panel.

crime in cali 2008 ... advance release

2009-10-13T18:26:29-07:00

Hot off Cyberwire ... From the Office of Attorney General Edmund G. Brown ..."Crime in California, 2008, Advance Release provides 2008 criminal justice data on crimes, arrests, adult felony arrest dispositions, citizens’ complaints against peace officers, and juvenile dispositions and placements. The full reports, Crime in California, 2008 and Juvenile Justice in California, 2008, will be completed later in 2009..."

skilling made a killing ...

2009-10-13T18:20:17-07:00

SCOTUS BLOG [Tuesday, October 13th, 2009 10:11 am | Lyle Denniston] - "The Supreme Court agreed on Tuesday to rule on claims that “searing media attacks” on longtime Enron executive Jeffrey K. Skilling tainted his criminal trial and conviction on various fraud charges. The case of Skilling v. U.S. (08-1394) also raises an issue on the scope of the federal law punishing the failure to provide “honest services” as a corporate executive. This was one of four cases granted review, to be argued early next year. The Court, however, took no action on a significant new Guantanamo Bay detainee case, Kiyemba v. Obama (08-1234). (UPDATE: The Court will again consider the Kiyemba case at its next private Conference, next Monday, according to the Court’s electronic docket.)"

bad advice | scotus

2009-10-13T17:41:33-07:00

"Court to decide constitutionality of bad advice"

towards a uniform bar examination ... (nlj)

2009-10-13T12:20:01-07:00

Uniform Bar Exam Drawing Closer to Reality - States' adoption of the test reflects the legal profession?s nationalization (Leigh Jones, The National Law Journal: October 12, 2009):

"It could mark one of the biggest changes for lawyers joining the profession since the first U.S. bar exam was given in Delaware in 1763 -- a single bar exam aimed at standardizing attorney credentials nationwide.

Next year, at least 10 states are expected to switch to the so-called Uniform Bar Exam, and 22 other jurisdictions are positioned to adopt the test in the next few years. The test, developed by the National Conference of Bar Examiners, will allow law school graduates to transport their bar scores across state lines without re-taking exams. And backers say a uniform exam will improve the quality of bar exams, particularly in states with small test-development budgets..."

high anxiety -- in class

2009-10-13T12:15:22-07:00

Law School Academic Support Blog: "Anxiety over being called on in class - I vividly remember the first time I was called on in law school. It was Contracts class. I was well-prepared. I opened my mouth to respond, and nothing came out. It was probably only a few seconds, but it felt like an eternity. Anxiety almost took over. The ironic thing is that I had regularly done public speaking throughout my prior career..."

You will be ... embarressed ... or you're not trying :)

Sovereign Comity: Factors in Recognizing Tribal Court Criminal Convictions in State and Federal Courts

2009-10-13T12:10:42-07:00

Fletcher, Matthew L. M., Sovereign Comity: Factors in Recognizing Tribal Court Criminal Convictions in State and Federal Courts (October 5, 2009). Court Review, Vol. 45, No. 12, 2009; MSU Legal Studies Research Paper No. 07-23. Available at SSRN: http://ssrn.com/abstract=1483108

"State and federal courts increasingly are being confronted with prosecutors moving the court to consider prior convictions in American Indian tribal courts during the sentencing phase, and sometimes earlier. If the conviction being introduced occurred in state or federal court, the instant court would be obligated to give full faith and credit to that conviction. But if the prior conviction occurred in a tribal court, state and federal courts are often confronted with unforeseen complexities. This paper is intended to parse through much of the political baggage associated with recognizing tribal court convictions. To be frank, the law is unsettled, leaving little guidance for state and federal judges in these cases, while at the same time granting enormous discretion to judges on the questions involved. The first part of this paper will provide a quick overview of the constitutional status of Indian tribes and tribal courts, as well providing a basic but sufficient introduction to relevant principles of federal Indian law. The second part will offer a summary of criminal jurisdiction in Indian Country and, in particular, what role tribes play – and how well they play it. The third part offers a short description of the key cases in the field, as well as relevant federal and state statutes, and state court rules. It also offers a short normative argument on the question of what state and federal court judges who are confronted with prior tribal court convictions should look for in these cases, especially where the defendants convicted in tribal court are not represented by counsel."

Crime Against People with Disabilities, 2007 (BJS)

2009-10-13T12:06:24-07:00

Crime Against People with Disabilities, 2007 - "Presents the first findings about nonfatal violent and property crime experienced by persons with disabilities, based on the National Crime Victimization Survey (NCVS). The report includes data on nonfatal violent victimization (rape/sexual assault, robbery, aggravated and simple assault) and property crime (burglary, motor vehicle theft, theft) against persons with disabilities in 2007. It compares the victimization experience of persons with and without disabilities, using population estimates based on the Census Bureau’s American Community Survey (ACS). Data are presented on victim and crime characteristics of persons with and without disabilities, including age, race and gender distribution; offender weapon use; victim injuries; and reporting to the police..."

dead weather - new pony @ glastonbury 2009

2009-10-12T11:10:13-07:00

brian

children's exposure to violence | a comprehensive national study

2009-10-08T12:34:31-07:00

from beSpacific - Children’s Exposure to Violence: A Comprehensive National Survey

News release: "The Department of Justice is releasing a new study today that measures the effects of youth violence in America, and the results are staggering. More than 60 percent of the children surveyed were exposed to violence in the past year, either directly or indirectly. Nearly half of children and adolescents were assaulted at least once, and more than one in ten were injured as a result. Nearly one-quarter were the victim of a robbery, vandalism or theft, and one in sixteen were victimized sexually. Those numbers are astonishing, and they are unacceptable. We simply cannot stand for an epidemic of violence that robs our youth of their childhood and perpetuates a cycle in which today’s victims become tomorrow’s criminals."

Children’s Exposure to Violence: A Comprehensive National Survey, October 2009: "Presents findings from the National Survey of Children’s Exposure to Violence, the most comprehensive survey to date of children’s exposure to violence in the United States. The survey was conducted between January and May 2008, and surveyed more than 4,500 children or their parents or adult caregivers regarding their past-year and lifetime exposure to violence. This Bulletin discusses the survey’s findings regard children’s direct and indirect exposure to specific categories of violence, how exposure to violence changes as children grow up, and the prevalence and incidence of multiple and cumulative exposures to violence. It also discusses the implications of the survey findings for policymakers, researchers, and practitioners who work with juvenile victims of violence."

a giant cross | california desert

2009-10-07T15:16:06-07:00

Scotusblog: The transcript of oral argument in Salazar v. Buono (08-472) is available here.

when is a state battery statute a battery under the federal armed career criminal act?

2009-10-06T14:27:04-07:00

See the transcript of today's SCOTUS oral argument in Johnson v. U.S.(08-6925) here. Or visit the ScotusWiki here ...

"Whether under the federal Armed Career Criminal Act a prior state conviction for battery is in all cases a “violent felony,” even when the state held that offense does not have as an element the use or threatened use of physical force." [which hardly seems a battery but still the mass incarceration urge presses forward]

national advocates for pregant women (napw)

2009-10-05T16:26:36-07:00

Victory: Shackling Pregnant Prisoners in Labor Found to be Cruel! [NAPW]
October 5, 2009

"On Friday, the United States Court of Appeals for the Eight Circuit (the federal level appellate court that reviews decisions from federal district courts in North Dakota, South Dakota, Iowa, Nebraska, Missouri, Minnesota, and Arkansas) issued the long-awaited decision in Nelson v. Norris. In this case, Shawanna Nelson argued that being forced to go through the final stages of labor with both legs shackled to her hospital bed was cruel and unusual punishment, in violation of the 8th Amendment to the Constitution. She argued that she should be allowed to sue the director of the prison and the guard who repeatedly re-shackled her legs to the bed. Ms. Nelson, an African-American woman, was incarcerated for non-violent offenses of credit card fraud and "hot checks."

that's some deficiency

2009-09-25T15:40:23-07:00

Benner, Laurence A., The Presumption of Guilt: Systemic Factors that Contribute to Ineffective Assistance of Counsel in California (September, 18 2009). California Western Law Review, Vol. 45, No. 263, 2009. Available at SSRN: http://ssrn.com/abstract=1475478

" ... The most frequent deficiency in attorney performance was the failure to conduct an adequate investigation with respect to guilt or innocence..."

And that's quite a deficiency.

racial disparity | capital punishment | ADVANCE

2009-09-25T09:46:32-07:00

ADVANCE (American Constitution Society for Law & Policy): Volume 3, Number 1, Spring 2009

Racial Disparities in Capital
Punishment: Blind Justice
Requires a Blindfold
Scott Phillips

last words

2009-09-22T11:01:35-07:00

In the preceding post, we quote from the Houston Chronicle OpEd which suggests Cameron Todd Willingham was innocent when he was put down by lethal injection ... Cameron Todd Willingham's last words are available at the Texas DOC. Remember that this statement is being made as he is being strapped down to the gurney:

"Yeah. The only statement I want to make is that I am an innocent man - convicted of a crime I did not commit. I have been persecuted for 12 years for something I did not do. From God's dust I came and to dust I will return - so the earth shall become my throne. I gotta go, road dog. I love you Gabby. [Remaining portion of statement omitted due to profanity.]