Category Archives: Race & Law

Drug Offender Recidivism

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A recent Pew Study suggests that imprisoning drug offenders for longer prison sentences does not reduce drug problems in any given state. In other words, there is no statistical data showing a relationship between prison terms and drug misuse.

To test this, Pew compared state drug imprisonment rates with three important measures of drug problems— self-reported drug use (excluding marijuana), drug arrest, and overdose death—and found no statistically significant relationship between drug imprisonment and these indicators. In other words, higher rates of drug imprisonment did not translate into lower rates of drug use, arrests, or overdose deaths.

The study found that nearly 300,000 people are held in state and federal prisons in the United States for drug-law violations, up from less than 25,000 in 1980. These offenders served more time than in the past: Those who left state prisons in 2009 had been behind bars an average of 2.2 years, a 36 percent increase over 1990, while prison terms for federal drug offenders jumped 153 percent between 1988 and 2012, from about two to roughly five years.

The study said that as the U.S. confronts a growing epidemic of opioid misuse, policymakers and public health officials need a clear understanding of whether, how, and to what degree imprisonment for drug offenses affects the nature and extent of the nation’s drug problems. To explore this question, The Pew Charitable Trusts examined publicly available 2014 data from federal and state law enforcement, corrections, and health agencies. The analysis found no statistically significant relationship between state drug imprisonment rates and three indicators of state drug problems: self-reported drug use, drug overdose deaths, and drug arrests.

The findings—which Pew sent to the President’s Commission on Combating Drug Addiction and the Opioid Crisis in a letter dated June 19, 2017—reinforce a large body of prior research that cast doubt on the theory that stiffer prison terms deter drug misuse, distribution, and other drug-law violations. The evidence strongly suggests that policymakers should pursue alternative strategies that research shows work better and cost less.

“Although no amount of policy analysis can resolve disagreements about how much punishment drug offenses deserve, research does make clear that some strategies for reducing drug use and crime are more effective than others and that imprisonment ranks near the bottom of that list. And surveys have found strong public support for changing how states and the federal government respond to drug crimes.”

“Putting more drug-law violators behind bars for longer periods of time has generated enormous costs for taxpayers, but it has not yielded a convincing public safety return on those investments,” concluded the study. “Instead, more imprisonment for drug offenders has meant limited funds are siphoned away from programs, practices, and policies that have been proved to reduce drug use and crime.”

My opinion? Public safety should be the number one reason we incarcerate. However, penalties should be the most effective, proportional, and cost-efficient sanction to achieve that goal. This would create more uniform sentences and reduce disparities, while preserving judicial discretion when necessary.

Please contact my office if you, a friend or family member face drug charges. If convicted, your loved ones risk facing an unnecessary amount of incarceration. Only a competent and experienced criminal defense attorney can reduce of criminal charges and/or facilitate the implementation of sentencing alternatives which reduce the amount of prison time an offender faces.

DWLS-III Decriminalized?

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Excellent article by Seattle Times staff reporter discusses how a birpartisan group of lawmakers is continuing to push for change in a law that legislators, civil-rights groups and others say disproportionately burdens the poor and communities of color.

Senate Bill 6189, which is sponsored by Sen. Joe Fain, R-Auburn, would decriminalize the charge of third-degree driving with a suspended license (DWLS-III), a misdemeanor. Under current state law, those caught driving with a suspended license due to unpaid traffic tickets or because they didn’t show up for court hearings can be jailed.

The bill has been referred to the Senate’s Law and Justice Committee but not yet scheduled for a hearing. Sen. Jamie Pederson, D-Seattle, who chairs the committee, said he agreed the issue is important, but with a short legislative session and many bills to review, he was hesitant to say if he will schedule a hearing on a proposal that in the past hasn’t been successful.

According to a 2017 report by the American Civil Liberties Union of Washington, Driving While License Suspended Third Degree is the state’s most commonly charged crime. SB 6189 would remove its misdemeanor status and make the charge a traffic infraction with a $250 penalty. The penalty would be reduced to $50 if a defendant could show he or she got the license reinstated.

 Pacheco reports that since 1994, prosecutors in Washington state have filed some 1.4 million charges and obtained 860,000 convictions, according to the ACLU report. Native Americans were twice as likely as whites to be charged with the crime of third-degree driving while license suspended (DWLS-III), and blacks were three times as likely.

According to Pacheco, unpaid traffic infractions can pile up quickly, with some people accumulating thousands of dollars in fines that must be paid off to reinstate their license, said Rick Eichstaedt, executive director of the Center for Justice, which operates a program in Spokane that helps people reinstate a suspended license.

The Washington Association of Sheriffs and Police Chiefs has opposed previous efforts to decriminalize DWLS-III, but Executive Director Steve Strachan said the organization recognizes the financial burden the law has caused. The association wants to work with legislators to find a balanced solution to DWLS-III where accountability still exists and abuse of the system is discouraged, Strachan said.

Fain, the Auburn lawmaker, previously worked in the King County Prosecuting Attorney’s Office and said he witnessed a deluge of DWLS-III cases that made it difficult to focus on more important cases, such as drunken driving.

In 2009, in conjunction with King County District Court, the prosecutor’s office stopped charging stand-alone DWLS-III cases, but Fain said prosecutors still spent a lot of time handling such cases tied to other crimes.

“I want to spend more of my time on things that will actually improve public safety,” Fain said. “I think individuals, especially lower-income people, living paycheck to paycheck need to be able to go to work and pay their fines,” Fain said, “so you want to make sure you’re not inhibiting a person’s ability to comply with the law.”

Pacheco correctly states that DWLS-III charges are the least serious of the DWLS charges. First- and second-degree driving with a suspended license are charges aimed at habitual offenders and those who lost their licenses due to drunken-driving or reckless-driving convictions.

Co-sponsor Sen. David Frockt, D-Seattle, said fines and the possibility of jail time under the current law effectively criminalize poverty and hurt communities of color.

“Putting people into this cycle where people get fined and they can’t pay and get further fined,” said Frockt, “there’s other alternatives.”

Pacheco says that if a measure is passed, Washington would join a handful of states that have decriminalized driving with a suspended license, including Oregon, Wisconsin and Maine, according to the National Conference of State Legislatures.

In 1993, Senate Bill 1741 made driving with a suspended license due to unpaid traffic infractions a misdemeanor.

My opinion? I hope the legislature decriminalizes DWLS-III. These charges essentially hook people into the criminal justice system for failing to pay traffic fines.  The charges also expose people to a search incident to arrest with the very real possibility of police finding illegal contraband which may lead to heavier charges. Also, a DWLS-III conviction makes it difficult for people to get to work and further holds back those working their way toward paying off fines and avoiding more fines or jail time.  Please contact me if you, a friend or family member is charged with DWLS III.

“Original Gangster” Comment Improper, But Not Prejudicial

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In In re Personal Restraint of Sandoval, the WA Supreme Court held that it was improper for the prosecutor to refer to the defendant as an “OG” (original gangster) in closing argument, where no one testified that simply being a longtime gang member was sufficient for “OG” status.

BACKGROUND FACTS

Sandoval is a member of the Eastside Lokotes Surefios (ELS) gang in Tacoma.
On February 7, 2010, ELS members, in a stolen van, pulled up to a car and fired no less
than 12 gunshots from at least two firearms into the passenger door of the car. The
driver, Camilla Love, was hit three times and died from her injuries.

Sandoval was arrested in September 2010. The State ultimately charged Sandoval
with three counts: first degree murder (by extreme indifference) of Camilla Love (count
I), first degree assault of Joshua Love (count 2), and conspiracy to commit first degree murder (count 3). The other ELS members involved in the shooting were similarly
charged. They were tried along with Sandoval in the same proceeding, but pleaded guilty
after the prosecution rested in exchange for reduced charges. Only Sandoval took his
case to the jury.

During trial, the Prosecutor presented evidence indicating that Sandoval was a longtime ELS member. Sandoval concedes this. Evidence was also presented that OGs have elevated status. The trial court found this evidence sufficient to support a reasonable inference that
Sandoval was an OG.

Later, the jury ultimately convicted Sandoval as charged. The court sentenced Sandoval to a total sentence of 904 months of confinement. The ELS members who pleaded guilty received reduced charges.

Sandoval appealed. Among other issues on appeal, he argued that comments made by the prosecutor during rebuttal closing argument constituted misconduct and that this misconduct violated his constitutional right to a fair trial.

COURT’S ANALYSIS & CONCLUSIONS

  1. The Prosecutor’s “OG” References were Improper But Did Not Prejudice
    Sandoval.

The court explained that in order to make a successful claim of prosecutor misconduct, the defense must establish that the prosecuting attorney’s conduct was both improper and prejudicial. To be prejudicial, a substantial likelihood must exist that the misconduct affected the jury’s verdict. The Court further reasoned that when a defendant objects to an allegedly improper comment, it evaluates the trial court’s ruling for an abuse of discretion. Failure to object to an allegedly improper remark constitutes waiver unless the remark is so flagrant and ill-intentioned that it evinces an enduring and resulting prejudice that could not have been neutralized by an admonition to the jury.

“While some of the prosecutor’s comments were improper, Sandoval fails to demonstrate prejudice,” said the Court. The Supreme Court agreed that the prosecutor’s repeated references to Sandoval being an “OG” during his rebuttal closing argument was an improper attempt to embellish Sandoval’s culpability to the jury because the inference was not reasonably supported by the record.

“But no one testified that simply being a longtime gang member was sufficient for OG status,” said the Court. The court reasoned that although a witness testified that an OG was one of the older original members of the gang, the witness did not identify Sandoval as such, instead naming older gang members who were incarcerated at the time of the Love shooting. “Thus, the evidence presented at trial was insufficient for the prosecutor to reasonably infer that Sandoval was an OG,” said the Court. “As a result, the OG comments were improper.”

Nevertheless, the Supreme Court also reasoned that the prejudice generated from such comments is negligible. Sandoval freely admitted he needed to be involved in the attack, attended planning meetings for the attack, and voluntarily assisted a co-defendant in searching out a target and keeping an eye on police that evening. “Given these admissions, it is not substantially likely that the jury’s mistaken belief that Sandoval may have been an OG would have affected the outcome in this case. “This claim has no merit,” said the Court.

2. The Prosecutor’s Racial Comments Were Not Improper.

Here, Sandoval claimed that the prosecutor improperly distinguished between the
gang status of Asian/Pacific Islanders and Latinos during rebuttal closing argument.
The Supreme Court explained that it is improper and a Sixth Amendment violation for a
prosecutor to “flagrantly or apparently intentionally appeals to racial bias in a way that
undermines the defendant’s credibility or the presumption of innocence.”

The court explained that when racial bias is implicated, the normal prejudicial standard for prosecutorial misconduct is elevated. To avoid a constitutional violation from prosecutorial misconduct based on comments appealing to racial bias, the State must demonstrate that the misconduct did not affect the verdict “beyond a reasonable doubt.”

“However, this heightened standard does not apply every time a prosecutor mentions
race,” said the Court. “It applies only when a prosecutor mentions race in an effort to appeal to a juror’s potential racial bias, i.e., to support assertions based on stereotypes rather than evidence.”

The Supreme Court reasoned that here, the prosecutor referred to Asian/Pacific Islanders one time and did so to explain the hierarchy of the ELS membership; that is, only Latinos such as Sandoval could be full-fledged members.

The Supreme Court further reasoned that Sandoval, rather than the State, has the burden of demonstrating that the prosecutor’s comment regarding the role of Asian/Pacific Islanders was improper and prejudicial, and he fails to do so. The trial court did not err when it held that the prosecutor’s statement about gang hierarchy was a reasonable inference based on all the testimony that came out at trial.

“It is not substantially likely that any alleged improper comments by the prosecutor
prejudiced Sandoval,” said the Supreme Court. “This claim has no merit.”

With that, the Supreme Court upheld Sandoval’s conviction and sentence.

My opinion? Prosecutors are bound by a sets of rules which outline fair and dispassionate conduct, especially during trial. Generally, prosecutorial misconduct is an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment. If prosecutors break these rules, then misconduct might have happened.

Please contact my office if you, a friend or family member faces criminal charges, especially if it appears the prosecution is unfairly prosecuting your case. It’s important to hire defense counsel who know the scope and limits of which the government can go about proving its case.

Black & Undocumented

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Excellent article by Jeremy Raff of the Atlantic claims that although only 7 percent of non-citizens in the U.S. are black, they make up 20 percent of those facing deportation on criminal grounds.

The reason for higher deportation rates? Research suggests that because black people in the United States are more likely to be stopped, arrested, and incarcerated, black immigrants may be disproportionately vulnerable to deportation.

According to Raff, more than half a million black unauthorized immigrants in the United States—about 575,000 as of 2013. Last week, The New York Times reported that the presence of immigrants from Haiti and Nigeria, who together represent roughly 20 percent of the foreign-born black population, vexed President Trump. The Haitians “all have AIDS,” Trump said in a June meeting with his top advisers according to the Times, while the Nigerians would not “go back to their huts” after seeing America, he said. (The White House denied the comments).

“The criminal-justice system acts like a funnel into the immigration system,” said César Cuauhtémoc García Hernández, a University of Denver law professor who studies the nexus of policing and immigration law. New York University law professor Alina Das said black immigrants are “targeted by criminalization.”

Raff reports that while the Obama administration prioritized immigrants with felony convictions for deportation, President Trump’s executive orders effectively made anyone in the country illegally a target for removal. Arrests of non-criminals more than doubled, and among those who have been charged with a crime, the top three categories are “traffic offenses—DUI,” “dangerous drugs,” and “immigration,” which means illegal entry, illegal reentry, false claim to U.S. citizenship, and trafficking, according to ICE. In fiscal year 2017, almost 74 percent of people arrested by ICE had a criminal conviction—arrests the agency uses to argue “that its officers know how to prioritize enforcement without overly prescriptive mandates.”

But Hernández sees something different in the large number of criminal convictions among ICE detainees.

“Racial bias present in the criminal-justice system plays itself out in the immigration context,” he said. “There are so many entry points” to deportation, said Das, and “when you are a person of color who is also an immigrant, you face a double punishment.”

Raff also reports that a 2016 report by the NYU Immigrant Rights Clinic, where Das is the co-director, and the Black Alliance for Just Immigration found that although black immigrants represent about 7 percent of the non-citizen population, they make up more than 10 percent of immigrants in removal proceedings. Criminal convictions amplify the disparity: Twenty percent of immigrants facing deportation on criminal grounds are black.

Today, almost 10 percent of the black population in the United States is foreign-born, up from about 3 percent in 1980. As the number of black immigrants has grown, so, too, have the linkages between cops, courts, and the immigration system.

According to Raff, aside from ICE’s splashier arrests within so-called “sanctuary cities,” most apprehensions nationwide happen inside jails once an immigrant has had contact with local police. This collaboration is a result of decades of legislation and executive action by both Democrats and Republicans. Two years after the passage of his controversial crime bill, former President Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act in 1996. Known as IIRIRA (pronounced “ira-ira”), the law expanded mandatory detention and the number of deportable crimes. As the federal inmate population doubled, prison-like immigrant-detention centers rose up in tandem.

Raff reports that in the early 1990s, there were around 5,000 immigrants detained each day; by 2001, the population quadrupled. And the Trump administration wants to keep that number growing: The president’s 2018 budget called for increasing the daily detainee population to 51,000, a 25 percent bump over last year.

“Additional detention space does make Americans safer,” argued Jessica Vaughan of the Center for Immigration Studies, a group that advocates for stricter enforcement. Detention also ensures that undocumented immigrants don’t “disappear into the woodwork,” Vaughan said. “The benefit of keeping illegal aliens in custody,” she said, is that “it prevents the release of criminal aliens back into the community to have the opportunity to reoffend.”

Raff reports that while the prison population has begun to dwindle in recent years—the incarceration rate fell 13 percent between 2007 and 2015—immigration detention remains “one of the fastest-growing sectors of the carceral state,” said Kelly Lytle Hernandez, a University of California, Los Angeles, historian who studies the origins of U.S. immigration control.

ICE’s Secure Communities program—which began under former President George W. Bush; was expanded, then killed, under his successor Barack Obama; then reinstated by Trump—provides local police with a national fingerprint database to check suspects for immigration violations. ICE can also deputize local law enforcement to make immigration arrests, a power authorized by IIRIRA. Some 60 law-enforcement agencies across 18 states participate in that program.

“Local police are some of the biggest feeders into the immigration-enforcement system,” said Will Gaona, the policy director of the American Civil Liberties Union of Arizona. “And that’s more true in Arizona”—where Gustave was picked up—“because of S.B. 1070.” That 2010 state law, which has since been emulated in dozens of states, requires police to ask about immigration status if they suspect someone is in the country illegally.

My opinion? Immigration and race relations certainly are hot-button topics in today’s administration. Hopefully,equitable decisions in the criminal justice system can be made which don’t unduly and/or specifically affect immigrants; regardless of their race.

Please contact my office you have a non-American friend or family member who faces criminal charges. Immigration issues play a huge factor in how criminal cases are resolved.

The Feds on Crime Under Jeff Sessions

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 of the Washington Post describes the dramatic and controversial changes in policy Jeff Sessions has made since becoming the Attorney General under President Trump months ago.
“From his crackdown on illegal immigration to his reversal of Obama administration policies on criminal justice and policing, Sessions is methodically reshaping the Justice Department to reflect his nationalist ideology and hard-line views — moves drawing comparatively less public scrutiny than the ongoing investigations into whether the Trump campaign coordinated with the Kremlin.”
Apprently, Sessions has even adjusted the department’s legal stances in cases involving voting rights and lesbian, gay, bisexual and transgender issues in a way that advocates warn might disenfranchise poor minorities and give certain religious people a license to discriminate.
“The Attorney General is committed to rebuilding a Justice Department that respects the rule of law and separation of powers,” Justice Department spokesman Ian Prior said in a statement, adding, “It is often our most vulnerable communities that are most impacted and victimized by the scourge of drug trafficking and the accompanying violent crime.”

Immigration
Zapotsky and Horwitz write that unlike past attorneys general, Sessions has been especially aggressive on immigration. He served as the public face of the administration’s rolling back of a program that granted a reprieve from deportation to people who had come here without documentation as children, and he directed federal prosecutors to make illegal-immigration cases a higher priority. The attorney general has long held the view that the United States should even reduce the number of those immigrating here legally.

Zapotsky and Horwitz said that in an interview with Breitbart News in 2015, then-Sen. Sessions (R-Ala.) spoke favorably of a 1924 law that excluded all immigrants from Asia and set strict caps on others.

“When the numbers reached about this high in 1924, the president and Congress changed the policy and it slowed down immigration significantly,” Sessions said. “We then assimilated through 1965 and created really the solid middle class of America, with assimilated immigrants, and it was good for America.”

According to Zapotsky and Horwitz, Vanita Gupta, the head of the Justice Department’s civil rights division in the Obama administration who now works as chief executive of the Leadership Conference on Civil and Human Rights, said Sessions seems to harbor an “unwillingness to recognize the history of this country is rooted in immigration.”

“On issue after issue, it’s very easy to see what his worldview is of what this country is and who belongs in this country,” she said, adding that his view is “distinctly anti-immigrant.”

 

Police Oversight & Sentencing

Zapotsky and Horwitz write that questions about Sessions’s attitudes toward race and nationality have swirled around him since a Republican-led Senate committee in 1986 rejected his nomination by President Ronald Reagan for a federal judgeship, amid allegations of racism. In January, his confirmation hearing to become attorney general turned bitter when, for the first time, a sitting senator, Cory Booker (D-N.J.), testified against a colleague up for a Cabinet position. Booker said he did so because of Sessions’s record on civil rights.

Sessions ultimately won confirmation on a 52-to-47 vote, and he moved quickly to make the Justice Department his own. Two months into the job, he told the department’s lawyers to review police oversight agreements nationwide, currying favor with officers who often resent the imposition of such pacts but upsetting those who think they are necessary to force change.

Zapotsky and Horwitz also said that Sessions imposed a new charging and sentencing policy that critics on both sides of the aisle have said might disproportionately affect minority communities and hit low-level drug offenders with stiff sentences.

“Allies of Sessions say the policy is driven not by racial animus but by a desire to respond to increasing crime,” write Zapotsky and Horwitz. “The latest FBI crime data, for 2016, showed violent crimes were up 4.1 percent over the previous year and murders were up 8.6 percent — although crime remains at historically low levels. The Bureau of Prisons projects that — because of increased enforcement and prosecution efforts — the inmate population will increase by about 2 percent in fiscal 2018, according to a Justice Department inspector general report.”

Zapotsky and Horwitz wrote that Larry Thompson, who served as deputy attorney general in the George W. Bush administration and is a friend of Sessions, said that although he disagrees with the attorney general’s charging policy, he believes Sessions was “motivated by his belief that taking these violent offenders off the streets is the right way to address the public safety issues.”

Civil Rights & Hate Crimes

According to Zapotsy and Horwitz, Sessions’s moves to empower prosecutors have led to a concerted focus on hate-crimes prosecutions — a point his defenders say undercuts the notion that he is not interested in protecting the rights of minorities or other groups. Prosecutors have brought several such cases since he became attorney general and recently sent an attorney to Iowa to help the state prosecute a man who was charged with killing a gender-fluid 16-year-old high school student last year. The man was convicted of first-degree murder.

But while civil rights leaders praised his action in that case, Kristen Clarke, president and executive director of the national Lawyers’ Committee for Civil Rights Under Law, said that it “stands in stark contrast to his overall efforts” to roll back protections for transgender people.

Shortly after he became attorney general, Sessions revoked federal guidelines put in place by the Obama administration that specified that transgender students have the right to use public school restrooms that match their gender identity. In September, the Justice Department sided in a major upcoming Supreme Court case with a Colorado baker, Jack Phillips, who refused to bake a wedding cake for a same-sex couple because he said it would violate his religious beliefs.

Sessions recently issued 20 principles of guidance to executive-branch agencies about how the government should respect religious freedom, including allowing religious employers to hire only those whose conduct is consistent with their beliefs. About the same time, he reversed a three-year-old Justice Department policy that protected transgender people from workplace discrimination by private employers and state and local governments.

The Justice Department has similarly rolled back Obama administration positions in court cases over voting rights.

In February, the department dropped its stance that Texas intended to discriminate when it passed its law on voter identification. And in August, it sided with Ohio in its effort to purge thousands of people from its rolls for not voting in recent elections — drawing complaints from civil liberties advocates.

At a recent congressional hearing, Sessions said the department would “absolutely, resolutely defend the right of all Americans to vote, including our African American brothers and sisters.”

According to Zapotsky and Horwitz, critics say that Sessions’ record shows otherwise. “We are seeing a federal government that is pulling back from protecting vulnerable communities in every respect,” Clarke said. “That appears to be the pattern that we are seeing with this administration — an unwillingness to use their enforcement powers in ways that can come to the defense of groups who are otherwise powerless and voiceless.”

My opinion? Watching the actions of the feds – and especially the top federal prosecutor for the United States – gives us a litmus test which defines the shape of things to come on a more local level. The reason why it’s important to watch the movements of federal prosecutions is because they impress upon – and persuade – the priorities of state prosecutions.

Let’s see what happens.

Black Men Sentenced Longer

PHOTO: Study says black men serve longer sentences for same crime than white men.

Poll: 6 In 10 Black Americans Say Police Unfairly Stopped Them Or A Relative

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News article by Joe Neel  of NPR says that a new poll out this week finds that 60 percent of black Americans say they or a family member have been stopped or treated unfairly by police because they are black. In addition, 45 percent say they or a family member have been treated unfairly by the courts because they are black. The poll is a collaboration between NPR, the Robert Wood Johnson Foundation and the Harvard T.H. Chan School of Public Health.

The poll reveals the consequences of these stops for black Americans personally and across society — 31 percent of poll respondents say that fear of discrimination has led them to avoid calling the police when in need. And 61 percent say that where they live, police are more likely to use unnecessary force on a person who is black than on a white person in the same situation.

Previous polls have asked similar questions, but ours is unique in that it’s the first to ask about lifetime experiences with policing. It’s part of NPR’s ongoing series “You, Me and Them: Experiencing Discrimination in America.”

Pew Research poll in 2016 asked whether people had been unfairly stopped by police because of race or ethnicity in the previous 12 months and found that 18 percent of black people said yes. A 2015 CBS News/New York Times poll asked whether this had ever happened and found 41 percent of black people said yes.

Neel reports that the NPR poll differs from Pew in that NPR asked not only about a much longer period but also whether people had been unfairly stopped or treated because of their race or ethnicity. Also the NPR poll differ from CBS in that NPR included the word “unfairly.” Finally, the NPR poll differs from both the Pew and CBS polls because NPR asked whether a person or a family member had had this experience, which gives a better sense of the presence of these experiences in respondents’ life and surroundings.

Neel also reports that the black American data from our poll, released Tuesday, were compiled from 802 black Americans as part of a large national representative probability survey of 3,453 adults from Jan. 26 to April 9. The margin of error for the full black American sample is plus or minus 4.1 percentage points.

It is imperative to contact a competent attorney if you, a friend or family member were pulled over, searched and/or seized by police under suspicious circumstances. Please contact my office for a free consultation.

MS-13 Targeted By the Feds

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 of The Washington Times gives us insights into the priority and trajectory of federal prosecutions nowadays.

Ms. Noble reports that today, Attorney General Jeff Sessions announced that he’s designated the MS-13 street gang as a priority for the Justice Department’s Organized Crime Drug Enforcement Task Forces — enabling authorities to target the gang with a broader array of federal resources.

“Now they will go after MS-13 with a renewed vigor and a sharpened focus,” Mr. Sessions said Monday as he addressed the International Association of Chiefs of Police conference in Philadelphia. “Just like we took Al Capone off the streets with our tax laws, we will use whatever laws we have to get MS-13 off of our streets.”

The priority designation will instruct federal agencies such as the IRS, FBI, Drug Enforcement Administration and Immigration and Customs Enforcement to target the El Salvador-based gang not just with drug laws but also tax, racketeering and firearms laws.

Ms. Noble wrote that prior to this year, the task force was only able to get involved in cases when they involved the drug trade or money laundering. But changes to the task force’s authority in this year’s budget allow the Justice Department to directly name an organization as a priority.

The change will mean that the task force can now get involved in a broad range of cases involving MS-13, also known as Mara Salvatrucha, including anything from murder prosecutions to firearms violations.

Noble says that Mr. Sessions has singled out MS-13’s involvement in the drug trade as a priority as his department has sought to combat both illegal immigration and an influx of drugs brought in the country from overseas.

“Drugs are killing more Americans than ever before in large part thanks to powerful cartels and international gangs and deadly new synthetic opioids like fentanyl,” Mr. Sessions said.

During his address to law enforcement leaders Monday, Mr. Sessions also highlighted a number of recent Justice Department grants awarded to police and sheriffs agencies:

  • $200,000 will be awarded to the IACP’s Institute for Police and Community Relations, to help improve trust and cooperation between law enforcement agencies and the communities they serve.
  • $5 million will be spent on rapid response training meant to prepare agencies for response to active shooter incidents.

– $100 million in grants will pay for state and local agencies to hire more police officers.

My opinion? We see some overlap in how the Trump administration and the Department of Justice are handling immigration issues with criminal prosecutions. Remember, the Trump administration promised to build a wall separating the United States from Mexico in order to keep out  the “rapists and criminals,” that he referred to as Mexican immigrants. Therefore, we should not be surprised that Attorney General Jeff Sessions’ tough-as-nails approach to gang prosecutions – Mexican gang prosecutions, mind you – is part and parcel to Trump’s immigration policies.

Hate Crimes Rising?

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The Seattle Police Department Office of  just released its semiannual report detailing bias crimes and incidents for the first half of 2017. During this time, a total of 178 criminal and non-criminal bias based incidents were reported, up from the 128 incidents reported at the same time last year.

The report indicates that the increase can be attributed in large part to victims feeling more comfortable reporting bias crimes due to enhanced trust, improved reporting mechanisms and ongoing community outreach by the Department.

“SPD continues to be a national leader in investigating and reporting bias crimes as well as outreach to communities experiencing these acts,” said Chief of Police, Kathleen O’Toole. “In the spirit of transparency and accountability we continue to release these reports letting the community know that the Department works hard every day to make sure our most vulnerable victims are heard and we pursue the justice they deserve.”

Highlights From the Report:

  • Bias crimes often occur between complete strangers and take victims by surprise. Many of them are property crimes committed anonymously under the cover of darkness. The Seattle Police Department’s clearance rate for these incidents is 39%. Many of these arrests are made by patrol officers arriving on the scene soon after an incident has occurred. Detectives work hard to locate suspects not found at the time of the incident. 13 cases from this period remain open and may be cleared by arrest.

 

  • The Seattle Police Department’s Bias Crime Coordinator partnered with community organizations to reach out to some of Seattle’s most vulnerable populations. Refugee and immigrant populations were a focus for outreach during this period. Information has been distributed in 18 different languages describing how to report a crime.

 

  • The highest rate of increase in reporting is in the category of crimes with bias elements, which are incidents which are not primarily motivated by bias, but bias language is used during the commission of a crime. These incidents went up 64%. Officers and the community recognize and report bias when they observe it.

“The first half of 2017 was characterized by a high level of interest in the community regarding hate crimes, as evidenced by the high rate of reporting in Seattle. I was contacted many times by people wanting to report incidents they had witnessed, or asking how they could help if they were to see someone being victimized,” said Detective Beth Wareing, Bias Crimes Coordinator. “We rely on the community to stay involved and aware for our efforts in combating hate crimes to be successful. The community is our most valuable partner.”

“SPD has adopted a number of best practices with regards to hate crime prevention, response and reporting,” said Dr. Jack McDevitt, Director of Institute on Race and Justice, at Northeastern University and a leading expert in bias crimes. “The Department has made numerous efforts toward improving both the data collection and reporting of bias crimes incidents. This data is not only collected, but analyzed monthly, a rarity in law enforcement.”

The Seattle Police Department encourages you to call 911 immediately if you’ve been a victim or witnessed a bias crime and lists the following resources available to victims of hate crimes:

Bias Crimes Report First Half 2017

SPD Unveils New Bias/Hate Crimes Dashboard

Bias/Hate Crimes Dashboard 

Bias Crime Unit

SPD AMA | I am a Bias Crimes Detective – Ask Me Anything

SPD Safe Place Program

Understanding and Reporting a Bias Crime Brochure

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Immigrants Make Up 22% of Federal Prison Population

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 of The Washington Times claims that a stunning 22 percent of the federal prison population is immigrants who have either already been deemed to be in the country illegally or who the government is looking to put in deportation proceedings, the administration said Tuesday.

President Trump requested the numbers as part of his initial immigration executive orders. The 22 percent is much higher than the population of foreign-born in the U.S. as a whole, which is about 13.5 percent.

All told, the government counted more than 42,000 aliens in federal prisons as of June 24. About 47 percent already face final deportation orders, making them illegal immigrants, and 3 percent are currently in immigration courts facing deportation proceedings.

Almost all of the rest are being probed by federal agents looking to deport them.

Immigrants who commit serious crimes, even if they once had legal status, can have that status revoked and can be subject to deportation, which explains the high number of cases where an alien is still being probed by U.S. Immigration and Customs Enforcement.

The U.S. Marshal Service, meanwhile, is holding about 12,000 “self-reporting” aliens, and almost all of them have already been ordered deported.

Government officials said they’re still trying to collect information on the foreign-born population in state and local prisons and jails.



Alexander F. Ransom

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