Recent Broward Law Blog Features

Showing posts with label Prisons. Show all posts
Showing posts with label Prisons. Show all posts

Sunday, December 20, 2009

Drug Courts Help Drive Down National Prison Populations


There is an AP news story by Jeff Carlton this weekend revealing that the US prison population may drop for the first time in almost four decades, with one state having a notable exception.

Let me see if you can guess which. Seems that Florida, which has, of course, enacted a law requiring all convicts to serve a high percentage of their sentences, is the anomaly. So our prisons are bulging at the seems, while other states streamline their unnecessary detainees.

Nationally, inmate population has risen steadily since the early 1970s while states adopted get-tough policies that sent more people to prison and kept them there longer. But tight budgets now have states rethinking these policies and the costs that come with them.

"It's a reversal of a trend that's been going on for more than a generation," said David Greenberg, a sociology professor at New York University. "In some ways, it's overdue." Of course it is overdue. Especially with nearly a million people a year still getting arrested on pot charges.

About 739,000 prisoners were admitted to state and federal facilities last year, about 3,500 more than were released, according to new figures from the bureau. The 0.8 percent growth in the prison population is the smallest annual increase this decade and significantly less than the 6.5 percent average annual growth of the 1990s. Overall, there were 1.6 million prisoners in state and federal prisons at the end of 2008. Nothing to be proud of.

In Texas, parole rates were once among the lowest in the nation, with as few as 15 percent of inmates being granted release as recently as five years ago. Now, the parole rate is more than 30 percent after Texas began identifying low-risk candidates for parole. That is in a state where George Bush was once governor. Even in Mississippi, laws requiring drug offenders to serve 85 percent of their sentences have been reduced dramatically, recognition that continued treatment is more important than mandated incarceration.

California's budget problems are expected to result in the release of 37,000 inmates in the next two years. The state also is under a federal court order to shed 40,000 inmates because its prisons are so overcrowded that they are no longer constitutional, the AP article reports.

States also are looking at ways to keep people from ever entering prison. A nationwide system of drug courts takes first-time felony offenders caught with less than a gram of illegal drugs and sets up a monitoring team to help with case management and therapy. But here in Broward you get cases going to court where persons are found with less than one tenth of one gram of coke. Residue cases they are called. How foolish. How about a mandatory referral to drug court instead?

Experts across the country now acknowledge that drug courts are the single most important mechanism in helping drive down prison populations. By enhancing treatment and supervision, allowing for rehab instead of jail, criminal justice budgets are stabilized not stretched and addicts are counseled. Reform. It is not a dirty word. I wish prosecutors and politicians here at home would understand that.

Tuesday, March 31, 2009

Criminal Justice Reform on US Senate Agenda


Speaking of prisons, and editorials, the NY Times is encouraging this weekend too, writing to adopt Senator Jim Webb's call for a commission to review our misguided criminal justice system, far more criminal than it is just.

"America’s criminal justice system needs repair. Prisons are overcrowded, sentencing policies are uneven and often unfair, ex-convicts are poorly integrated into society, and the growing problem of gang violence has not received the attention it deserves. For these and other reasons, a bill introduced last week by Senator Jim Webb, Democrat of Virginia, should be given high priority on the Congressional calendar.

The bill, which has strong bipartisan support, would establish a national commission to review the system from top to bottom. It is long overdue, and should be up and running as soon as possible.

The United States has the highest reported incarceration rate in the world. More than 1 in 100 adults are now behind bars, for the first time in history. The incarceration rate has been rising faster than the crime rate, driven by harsh sentencing policies like “three strikes and you’re out,” which impose long sentences that are often out of proportion to the seriousness of the offense."
As Lenny Bruce said, 'in the halls of justice, the only justice is in the halls.'

Monday, March 2, 2009

Cop Snaps; Brutally Attacks Female Inmate






http://seattlepi.nwsource.com/local/401779_schene28.html

Seen some outrageous acts of cops losing their composure but this Seattle jail deputy takes the cake, and is rightfully being prosecuted. Some girl is told to remove her shoes, kicks it at the cop, and he physically attacks her, smashes her head against the wall, pulls her hair, throws her down, and punches her upside the head. It is gross.

The case goes beyond police misconduct, County Prosecutor Dan Satterberg said in a prepared statement, announcing the cop will rightfully be prosecuted. "It's about criminal misconduct. And that's why he needs to be prosecuted," he said.
Lots of these cameras everywhere are invasions of our privacy. They invade aspects of our lives we thought private, like the secret walk you thought you took along a dock at the Colahatchee Park Preserve. Somewhere in a trailer a Wilton Manors cop is watching you pick your nose. And more than that if you are cruising.


The cameras are revealing not just speeders going through red lights. They are revealing maniac cops, enraged judges, and wanton killers, like those maggots who beat up the homeless men last year by the community college on East Las Olas. Yes, we are losing a measure of privacy. But the domestic terrorists who rob banks and hold up convenience stores and maim innocents are also are not getting away with it as much as they would have in the past.

Friday, February 20, 2009

Herald Report Cites Call to End Prison Building

A powerful business lobby wants Florida to deal with its exploding inmate population by releasing nonviolent offenders rather than building more prisons. And they have found backing with the Governor.
The bottom line here folks is that if you commit a crime in Florida you are more likely to go to jail than just about in any state in America. We are last in education but in the top three of locking people up. And then releasing them to do it all over again. There's a better way. We just need more thoughtful approaches to dealing with a wealth of non violent crimes, and more enlightened prosecutors to work with defense attorneys in fashioning sentences that have reasonable results, but still adequately protect the public.
For example, if I told you that tomorrow I had a guy facing a mandatory year in jail for giving a massage, you would not believe it would you? You would say this can't happen because unlicensed massages are second degree misdemeanors. But what if the guy was charged with practicing a regulated health profession without being licensed? Then it becomes a felony with mandatory time.

Welcome to Broward County. Wish me luck in the morning. Here is the Herald story on prisons.
http://www.miamiherald.com/news/southflorida/story/912521.html

Thursday, February 19, 2009

Stories in the News: 'If At First You Don't Succeed'


Above, a home for terror training or an abandoned Miami building? Jurors get to make the call again this week.
A group of Miami men accused of planning to blow up the Sears Tower in Chicago as part of an Islamic jihad returned to federal court this week in Miami as prosecutors try for a third time to win convictions.

The government’s first two efforts ended in mistrials. And legal analysts say the prosecutors face an even greater challenge this time because, nearly three years after the men were arrested, the public mind-set has changed.

Some of the stories from the NY Times...

http://www.nytimes.com/2009/02/19/us/19liberty.html?emc=tnt&tntemail1=y

http://www.nytimes.com/2009/01/27/us/27liberty.html?fta=y

Another disturbing feature in the news today is the trend that federal Latino prisoners are growing disproportionately to their numbers in the population. Blame it on immigration, drug crimes or discrimination, it is an eye opening article. This is not what Governor Crist had in mind when he started promoting diversity in our community.
http://www.nytimes.com/2009/02/19/us/19immig.html?emc=tnt&tntemail1=y

Here also is the report on forensics we have been previously alerted to:
http://www.nytimes.com/2009/02/19/us/19forensics.html?_r=1&th=&adxnnl=1&emc=th&adxnnlx=1235051303-V4eG518cRcw1DviVeQz/qw

It is comforting to know that in Bartow, they do not have such stress. You see, they just did a three day prostitution sting and arrested 24 men, one as young as 20 years old, another 72. Not bad. Never give up. Glad they have their priorities in order.

http://www.newschief.com/article/20090218/NEWS/902180295/1021/NEWS01?Title=Sheriff-s-Office-arrests-24-in-anti-prostitution-operation

And just a week ago I blogged about a St. Lucie firefighter who absconded from a crash scene with a severed foot, claiming that she needed it to train her 'cadaver' dog. Always good to have a public purpose behind your pilfering. So these St. Lucie firefighters lead interesting lives. Here are two trying to capture my own heart. Inbetween fire fights, they grow their own pot. See, it's not just Michael Phelps. It's normal to do pot.
http://www.msnbc.msn.com/id/29238833/