Category Archives: Race & Law

“Three Strikes, You’re Out” Report Shows Failures & Inequities

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Prison, Race & Law, Sentencing, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , , ,

Three Strikes and you’re out of the game in California

Photo courtesy of Isabella Roesler and Anna Silverman.

A report prepared by the Civil Rights Clinic at Seattle University School of Law and the Fred T. Korematsu Center for Law and Equality found scathing inequalities continue to exist in the criminal justice system. In Justice is Not a Game, they rely on data to demonstrate that Washington’s Three-Strikes Law fails to meet its penological goals. Consequently, this punishment is arbitrary and cruel.

WHY “THREE STRIKES, YOU’RE OUT” IS UNJUST

“Three Strikes, You’re Out” has at least five strikes against it: (1) it is overly retributive, punishing much more harshly than is justified, which makes it an immoral punishment; (2) it fails as a deterrent, making it ineffective as a policy choice; (3) it excessively over-incapacitates, imprisoning people far beyond when they would continue committing serious offenses; (4) it fails to allow for rehabilitation and redemption; and (5) it is applied in a racially disparate manner, making this punishment arbitrary and hence cruel.

Ample research demonstrating the first three points already exists. ThE report focuses on the latter two—the denial of redemption and the striking racial injustice. It also provides historical context of the POAA and explains in detail why repeal of the Persistent Offender Accountability Act (POAA) is a justifiable policy choice that would leave the rest of Washington’s Sentencing Reform Act (SRA) intact.

THE NUMBERS

According to the study, Black people are 18 times more likely than White people charged with three strikes crimes to be sentenced as persistent offenders. Also, Indigenous persons are sentenced to life without parole three times more often than White persons. In a state where only 4.6% of the population is Black, about 40% of those sentenced to life without parole are Black persons. There is no way this severe racial disproportionality can be justified.

One of the most prevalent areas imposing three-strike sentences is second-degree assault, the basis for 142 of the 270 three-strike sentences in Washington. Of those convicted of this crime, 33% are Black, and 5% are Indigenous. Compared to the state population, Black people are over-represented by a factor of 7, while Indigenous persons are over-represented by a factor of 2.5. Likewise, life without parole sentences for anticipatory offenses imposed on Black and Indigenous persons are also severely discriminatory, with 32% of them imposed on Black persons and 11% imposed on Indigenous persons.

Evidence indicates that none of the penological goals of incarceration are met when a court imposes a life without parole sentence. As those serving these sentences age, the sentences fail to meet the interests of justice as they can no longer be justified as retributive or to increase public safety. Instead, the sentences operate to incarcerate those who pose no danger to the community.

HOW CAN THIS STUDY BE USED?

If you have a three-strike case, you can use this study to argue that three-strike sentences are arbitrary and unconstitutional. The racial disparity inherent in the sentences makes them cruel and, as such, violates Washington’s Article I, Section 14’s ban on cruel or unusual punishment. Our Supreme Court has recognized that this type of detail is more than adequate to make a constitutional challenge. It is time for Courts to acknowledge the extreme arbitrariness of this law and strike it down.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Investigation Into How U.S. Prisoners Are Hurt Or Killed On The Job

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Prison, Race & Law, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , , , ,

Chain Gang Cuisine: The Bitter Taste of Prison Labor in Your Pantry

https://www.huffpost.com/entry/amendment-t-prohibits-prison-labor-and-court-ordered_b_580a6fd4e4b0b1bd89fdb20b

Journalists Margie Mason and Robin McDowell reported on a large-scale investigation into prison labor. In short, prisoners who are hurt or killed on the job are often being denied the rights and protections offered to other American workers. Their article discussed an  AP investigation into what has become a multibillion-dollar industry that often operates with little oversight.

“These prisoners are being placed in dangerous jobs, sometimes with little or no training. They pick up trash along busy highways, fight wildfires, and operate heavy machinery. They work on industrial-sized farms and meat-processing plants tied to the supply chains of some of the world’s most iconic brands and companies. But incarcerated workers and their families often have little or no recourse when things go wrong.” ~Journalists Margie Mason and Robin McDowell, Associated Press

Here are takeaways from the latest installment of AP’s investigation:

PRISONERS ARE AMONG THE MOST VULNERABLE U.S. WORKERS

Under the law, prisoners aren’t classified as employees. As a result, businesses can exclude them from workers’ compensation benefits, along with state and federal workplace safety standards. They cannot protest against poor conditions. They cannot form unions or strike. Some also can be punished for refusing to work, including being sent to solitary confinement. Finally, many work for pennies an hour – or nothing at all.

DANGEROUS JOBS, LITTLE OR NO TRAINING

Prisoners work in poultry plants, sawmills and in industrial factories. In many states, laws mandate that they be deployed during disasters and emergencies for dangerous jobs like hazardous material cleanup. They’re also sent to fight fires. Unfortunately, prisoners who are injured on the job and decide to sue can face nearly insurmountable hurdles. These challenges include finding a lawyer willing to take the case.

IT’S ALL LEGAL

A loophole in the 13th Amendment to the U.S. Constitution passed after the Civil War makes forced labor legal, abolishing slavery except “as punishment for a crime.” Today, nearly 2 million people are locked up in the U.S. Our prison population is the largest in the world. Interestingly, more than 800,000 prisoners have some kind of job. Many serve food inside facilities. Others work outside for private companies, including work-release assignments. They’re also employed at state and municipal agencies, and at colleges and nonprofit organizations.

My opinion? The findings are gut-wrenching. They point to a complex web of labor where prisoners in the United States are exploited for their work. These individuals, often paid mere pennies or nothing at all, toil under conditions devoid of basic human rights protections, contributing to the profits of some of the largest food corporations in the world.

Prison is a terrible place. Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Should We Ban Hog-Tying By Police?

Bellingham Defense Attorney, Legislation, Mount Vernon Criminal Defense Attorney, Police Misconduct, Race & Law, Search and Seizure, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

Report: Most of America's largest police departments allow officers to choke, strangle, and hog-tie people | The Week

King5 News reports that Democratic Sen. Yasmin Trudeau has sponsored a bill banning hog-tying by police. The restraint technique has long drawn concern due to the risk of suffocation, and while many cities and counties have banned the restraint technique, it remains in use in others.

The legislation comes nearly four years after Manuel Ellis, a 33-year-old Black man, died facedown with his hands and feet cuffed together behind him. The case that became a touchstone for racial justice demonstrators in the Pacific Northwest.

Senator Trudeau said she doesn’t want anyone else to experience the “dehumanization” Ellis faced before his death.

“How do we move through the need for folks to enforce the laws, but do it in a way where they’re treating people the way we expect, which is as human beings?” ~Senator Yasmin Trudeau

In the last four years, states across the U.S. have rushed to pass sweeping policing reforms.  The legislation was prompted by racial injustice protests and the death of George Floyd and others at the hands of law enforcement. Few have banned prone restraint, according to the National Conference of State Legislatures.

The attorney general’s office in Washington recommended against using hog-tying in its model use-of-force policy released in 2022. At least four local agencies continue to permit it, according to policies they submitted to the attorney general’s office that year.

The Pierce County Sheriff’s Department said it still allows hog-tying but declined to comment on the bill. One of the department’s deputies was involved in restraining Ellis, whose face was covered by a spit-hood when he died.

THOSE SUPPORTING THE LEGISLATION

Trudeau, who represents Tacoma, said she made sure Ellis’ sister, Monet Carter-Mixon, approved of her efforts before introducing the bill. Democratic Sen. John Lovick, who worked as a state trooper for more than 30 years, joined Trudeau in sponsoring the bill. Republican Rep. Gina Mosbrucker, a member of the House public safety committee, said she looked forward to learning more about the legislation.

“If it does turn out that this form of restraint for combative detainees is dangerous in any way, then I think the state should put together a grant and some money to buy and train on alternative methods to make sure that the officer and the person arrested is safe.” ~Republican Rep. Gina Mosbrucker

Please review my Search & Seizur Legal Guide and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Mass Incarceration Deepens Inequality and Harms Public Safety

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Prison, Race & Law, Sentencing, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Local Impacts of Mass Incarceration: A Community Round Table - Center for the Humanities and the Public Sphere

A report from The Sentencing Project explores laws and policies that exacerbate inequality and disproportionately overburden communities of color. Specifically, the report gives the following examples:

  • Fines, fees, and predatory pricing exacerbate the economic precarity of justice-involved Americans and their families.
  • Employment during incarceration comes with low, and sometimes zero, wages. The average minimum wage for the most common forms of prison labor is $0.13/ hour. The average maximum is $0.52/ hour.
  • A criminal conviction creates lifelong barriers to securing steady employment and housing. Many states disqualify people with felony drug convictions from cash assistance and food stamps. Nearly all states also restrict voting rights for people with criminal convictions. Yet research has shown that post-incarceration employment, access to food stamps, and voting are associated with lower recidivism rates.
  • Finally, the high cost of mass incarceration comes at the expense of investing in effective crime prevention and drug treatment programs. These laws and policies exacerbate the marginalization of justice-involved people—who are disproportionately people of color—by eroding the economic and social buffers against crime and increasing the likelihood of police contact.

WHAT ARE THE SOLUTIONS?

Fortunately, jurisdictions around the country have initiated promising reforms to reduce the direct and indirect harms of criminal convictions and redirect resources to more effective interventions:

  • To promote beneficial contact with support networks, some jurisdictions have made all phone calls from their prisons free.
  • To end the injustices associated with prison labor, many jurisdictions have removed language allowing “slavery and involuntary servitude” in the case of punishment for a crime. Advocates are still working to ensure that this change bans forced and unpaid labor among incarcerated workers.
  • To reduce labor market discrimination resulting from a criminal record, a majority of states and many cities “Ban the Box.” This action removes the question about conviction history from initial job applications and delays a background check until later in the hiring process.
  • A majority of states no longer impose bans on food stamps or cash assistance for people with a felony drug conviction.
  • Finally, Washington, DC, has joined Maine, Vermont, and Puerto Rico in fully untangling voting rights from criminal legal involvement by permitting its prison population to vote.
  • The federal government and states are also increasing investments in crime prevention.

My opinion? For the criminal legal system to uphold the principle of justice, policymakers and practitioners will need to protect and expand these reforms.

Also, prison is a terrible place. Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Let’s Not Forget – There’s Actually Less Crime

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Prison, Race & Law, Recidivism, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , , , ,

What the public thinks – and data shows – about violent crime in U.S. | Pew Research Center

Excellent article in USA Today from Adam Gelb, the President and CEO of the Council on Criminal Justice. According to crime and justice trends, there is positive news in the realm of crime and punishment.

VIOLENT CRIME

Even after three years of increases, the rate of reported violent crime in America is half what it was at its peak in 1991, while burglaries and other property crimes are 63% lower than its peak in 1980. And the most recent data shows murder and other trend lines bending back down.

ARRESTS & INCARCERATIONS

In the mid-1990s, police arrested more than 15 million people a year. By 2019, arrests had dropped by a third, to about 10 million, and they fell even further during the pandemic. The U.S. incarceration rate remains among the highest in the world, but it, too, has declined, falling from its peak of more than 1 in every 100 adults in 2008 to 1 in 147 in 2021, a decline of a third. That translates to about a half million fewer people behind bars on any given day.

RECIDIVISM

Recidivism is the rate at which people on parole are sent back to prison for committing new crimes or violating the rules of their release. According to Gelb, that has dropped as well. The three-year prison return rate – the most commonly used measure – fell from 50% among people released from state prisons in 2005 to 39% among those released in 2012. And in juvenile justice, the number of youth removed from their homes for delinquency has plummeted by two-thirds, from more than 100,000 in 2000 to fewer than 37,000 in 2019.

RACIAL DISPARITIES

While troubling racial disparities in imprisonment persist, we’ve also seen some progress here. From 2000 to 2020, the disparity between Black and white adults in state prisons fell by 40%, from 8-to-1 to 5-to-1, and for drug offenses, it shrank by 75%. Black women remain nearly twice as likely to be held in prison as white women. However, they were over five times more likely at the turn of the century.

Taken together, the overall “footprint” of the justice system has shrunk substantially. In 2008, The Pew Charitable Trusts found that a whopping 1 out of every 31 American adults was in prison or jail or on probation or parole. According to new data from the Justice Department, that rate of correctional control had dropped to 1 in 48 by the end of 2021, a decline of a third.

Crime remains a serious and urgent concern. During the early days of the pandemic, as protests against police killings spread and gun sales spiked, homicide and other violent crimes rose. But as troubling as these recent increases are, it’s important to recognize that they occurred in the wake of significant improvements in safety.

STUDY THE GOOD NEWS AS WELL AS THE BAD ON CRIMINAL JUSTICE.

Gelb emphasizes that despite positive gains, the shrinking criminal justice footprint is rarely acknowledged or discussed. This leaves everyday Americans to conclude that nothing is improving.

“That’s understandable, but we ignore progress at our peril,” writes Gelb. Furthermore, pessimism leads to defeatist attitudes and clouds sober analysis of what is and isn’t working. It chases away elected officials, candidates and philanthropists who don’t want to hitch their wagons to perpetually losing causes. It burns out talented leaders and staff. And it feeds a cycle of cynicism that sows deeper and deeper distrust of the criminal justice system, of American institutions and of democracy itself.

“It’s crucial to face our ugly history. Justice demands that we identify and fix our problems. But to accelerate America’s march toward a safer and more just society, we also must recognize, examine and learn from what’s gone right.” ~Adam Gelb, the President and CEO of the Council on Criminal Justice. 

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Public Safety Beyond Extreme Sentencing

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Prison, Race & Law, Sentencing, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , , ,

Long prison sentences are cruel and ineffective: here's the proof - The Boston Globe

A policy brief from the Sentencing Project explores five social interventions that can improve public safety in the United States without increasing the reliance on mass incarceration.

According to the report, America’s criminal legal system has produced excessive levels of punishment and a diversion of resources from investments that would strengthen the capacity of communities to address the circumstances that contribute to crime.

After 50 years of mass incarceration, the United States faces a reckoning. While crime is far below its peak in the early 1990s, the country continues to struggle with an unacceptable amount of gun violence. Meanwhile, the drug war harms too many Americans and has failed to prevent fatal overdoses from reaching an all-time high.

The report offers five recommendations for policymakers and community members to potentially improve safety without deepening our reliance on extreme sentencing:

  • Implement community safety solutions – Community-based interventions such as violence interruption programs and changes to the built environment are a promising approach to decreasing violence without incarceration.
  • Transform crisis response – Shifting responses to people in crisis away from police toward trained community-based responders has the potential to reduce police shootings, improve safety, and decrease incarceration.
  • Reduce unnecessary justice involvement – Ending unnecessary police contact and court involvement by decriminalizing and diverting many offenses can improve safety.
  • End the drug war – Shifting away from criminalizing people who use drugs toward public health solutions can improve public health and safety.
  • Strengthen opportunities for youth – Interventions like summer employment opportunities and training youth in effective decision-making skills are a promising means of reducing criminal legal involvement.

“A growing evidence-base for all of these interventions demonstrates that policymakers can think beyond police and incarceration to create safety in their communities and should invest in bringing innovative alternatives to scale.” ~The Sentencing Project

Research demonstrates that many social interventions have the potential to be more cost-effective and equitable than criminal legal responses. The highlighted interventions below in violence prevention, crisis response, early childhood education, harm reduction, and therapeutic support for youth are ways to reduce unnecessary contact with the criminal legal system while protecting public safety.

The report emphasizes our opportunity to expand on programs that improve safety while scaling back incarceration.

“By combining social interventions that address some of the root causes of crime and legislative reforms that reduce the harm of the criminal legal system, policymakers can create safer, fairer, and more equitable communities.” ~The Sentencing Project

Excellent research by authors Liz Komar and Nicole D. Porter.

Please contact my office if you, a friend or family member are charged with a crime. Prison should be avoided whenever possible. Hiring an effective and competent defense attorney is the first and best step toward justice.

Mississippi’s Lifetime Voting Ban on Felons Held Unconstitutional

Bellingham Defense Attorney, Constitutional Rights, Mount Vernon Criminal Defense Attorney, Race & Law, Skagit County Criminal Defense, Voting Rights, Whatcom County Criminal Defense, , , , ,

Opinion | The Racist Origins of Felon Disenfranchisement - The New York Times

Journalist Nick Robertson for The Hill reports that the 5th Circuit Federal Court of Appeals ruled Mississippi’s lifetime voting ban for those convicted of certain felonies is unconstitutional. This ruling overturns a 19th-century Jim Crow Law widely considered “cruel and unusual punishment.”

“In the last fifty years, a national consensus has emerged among the state legislatures against permanently disenfranchising those who have satisfied their judicially imposed sentences and thus repaid their debts to society. … Mississippi stands as an outlier among its sister states, bucking a clear national trend in our nation against permanent disenfranchisement.” ~5th Circuit Court of Appeals

The Mississippi law says anyone convicted of bribery, theft, arson, perjury, forgery, embezzlement or bigamy could never have their voting right reinstated.

The nonprofit Sentencing Project found that Mississippi has one of the country’s most strict disenfranchisement laws, impacting about 11 percent of all otherwise eligible voters. That is the highest proportion of any state.

The disenfranchisement provision “serves no legitimate penological purpose,” the opinion reads.

“By severing former offenders from the body politic forever, Section 241 ensures that they will never be fully rehabilitated, continues to punish them beyond the term their culpability requires, and serves no protective function to society.” ~5th Circuit Court of Appeals

The law was passed in 1890 as part of early Jim Crow provisions attempting to disenfranchise and limit the rights of Black residents.

The Southern Poverty Law Center also pursued the lawsuit, representing those who were disenfranchised by the law.

“Section 241 of the Mississippi Constitution lifetime disenfranchisement scheme disproportionately impacted Black Mississippians,” SPLC attorney Ahmed Soussi said in a statement. “We applaud the court for reversing this cruel and harmful practice and restoring the right to vote to tens of thousands of people who have completed their sentences.”

The case also attracted the support of legal aid nonprofits, including the Legal Defense Fund, which submitted an amicus brief on behalf of the plaintiffs in December.

“Section 241 is Jim Crow law, which created a deliberate and invidious scheme to disenfranchise Black people,” Legal Defense Fund attorney Patricia Okonta said in December.

The state now has the opportunity to appeal the ruling to the entire 5th Circuit or the Supreme Court.

My opinion? Excellent decision. The right to vote is the cornerstone of a functioning democracy. This is a major victory for Mississippians who have completed their sentences and deserve to participate fully in our political process. Mississippi is finally being held accountable for its sordid history of racial discrimination that has led to the disproportionate disenfranchisement of its Black citizens.

Nowadays, an estimated 4.6 million Americans are barred from voting due to a felony conviction.

Please contact my office if you, a friend or family member are charged with a crime. Losing your right to vote is an awful consequence to be avoided. Hiring an effective and competent defense attorney is the first and best step toward justice.

WA Supreme Court Strikes Down Racial Discrimination in Jury Selection

Bellingham Defense Attorney, Jury Selection, Mount Vernon Criminal Defense Attorney, Race & Law, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Equal Justice Initiative Releases Report on Racial Discrimination in Jury Selection | Death Penalty Information Center

In State v. Rhone, the WA Supreme Court overturned a 65-year-old Black man’s conviction, nearly two decades after he alleged racial discrimination in the jury selection process for his trial.

BACKGROUND FACTS

Rhone proceeded to trial on charges of first degree robbery, unlawful possession of a controlled substance with intent to deliver, unlawful possession of a firearm, and bail jumping. During jury selection, the parties agreed to remove one of the two Black jurors in the 41-member pool for cause. The prosecution—using a peremptory challenge—struck the remaining Black venire juror. After the court swore in the jury, Rhone made the following statement:

“I don’t mean to be facetious or disrespectful or a burden to the Court. However, I do want a jury of my peers. And I notice that the prosecutor took away the Black, African-American, man off the jury. Also, if I can’t have—I would like to have someone that represents my culture as well as your culture. To have this the way it is . . . seems unfair to me. It’s not a jury of my peers. . . . I am an African-American Black male, 48 years old. I would like someone of culture, of color, that has—perhaps may have had to deal with improprieties and so forth, to understand what’s going on and what could be happening in this trial.” ~Theodore Rhone

The court understood Rhone’s statement as a Batson challenge, found no prima
facie case of discrimination and denied Rhone’s request for a new jury panel. The jury convicted him of all charges. Rhone received a life sentence without the possibility of parole for two of his convictions.

In 2010 Rhone appealed, arguing for a “bright-line rule” establishing a prima facie case of discrimination when “the last remaining minority member of the venire is peremptorily challenged.” Unfortunately, the Washington Supreme Court denied Rhone’s appeal at that time.

However,  in their 2017 ruling in City of Seattle v. Erickson, the WA Supreme Court affirmed the very rule Rhone wanted to establish — even calling it the “Rhone Rule.” The court’s decision now to overturn Rhone’s convictions allows him to finally benefit from that rule. Rhone now sought collateral relief based on Erickson.

COURT’S ANALYSIS & CONCLUSIONS

Justice Susan Owens wrote the court’s opinion. She reasoned that Mr. Rhone’s unsuccessful challenge to the last remaining Black juror being struck from his venire directly resulted in him facing a jury that was undoubtedly less likely to debate and consider uncomfortable issues related to race and acknowledge and mitigate implicit biases than that of a diverse jury.

“Recalling the mandate in the unique circumstances of Rhone’s case accomplishes this mission; we must allow him to benefit from the rule he proposed that ultimately became the law in this state.” ~Justice Susan Owens

With that, the WA Supreme Court reverse Rhone’s convictions and remanded for a new trial.

My opinion? I applaud the court’s decision. When juries have diverse makeups, it allows them to draw from various lived experiences, and offer greater perspectives. Studies have shown that all-white juries spend less time deliberating, make more errors, and consider fewer perspectives. They also convict at higher rates and convict Black defendants at higher rates than other defendants specifically.

The court’s decision is the correct step toward racial justice and equity. In announcing the reversal of Rhone’s convictions, the state Supreme Court also ordered a new trial. Rhone will finally have a jury of his peers, as the law and constitution intended.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

New Bill Strengthens Prosecution of Hate Crimes

Bellingham Defense Attorney, felony, Hate Crimes, Legislation, Mount Vernon Criminal Defense Attorney, Race & Law, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Say No To Hate Crimes - City of Renton

A bill passed in Washington is expanding the state’s definition of a hate crime and strengthens the ability to prosecute those crimes. Governor Jay Inslee signed Senate Bill 5623 into law on April 6 after it was passed with overwhelming support in the House and Senate earlier this year.

“This bill takes the common sense step of recategorizing hate crimes as crimes against a person and also provides our communities with the justice they deserve in the wake of these traumatic crimes.” ~ King County Prosecuting Attorney Leesa Manion

Senator Manka Dhingra sponsored the legislation. She states that Hate Crime offenses are reclassified as crimes against persons. The bill also replaces the phrase “physical injury” with “assault” in the definition of Hate Crime to account for more situations. Assaults that are meant to intimidate and demean, like spitting on someone, will now be grounds for prosecution as a Hate Crime.

ESB 5623 modifies the conduct that constitutes a Hate Crime offense to include when a person maliciously and intentionally assaults a victim because of the person’s perception of certain characteristics about the victim. Including the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation, gender expression or identity, or disability.

SB 5623 will allow courts to impose therapeutic treatment for offenders meant to rehabilitate them. This is something that the victims of hate crimes often ask for in court. The bill also expands the definition of a hate crime. Right now, assaults have to result in a physical injury for it to be considered a hate crime.

Under the new bill, assaults that are meant to intimidate or demean but don’t result in injury can be considered a hate crime. An example of that would be spitting on someone. Supporters of the bill say hate crimes are corrosive to society and make communities feel unwelcome.

In Washington state, there were more than 500 hate crimes committed against a person in 2021, according to the Department of Justice. Their data shows the biggest motivators of hate crimes are largely race and ethnicity, followed by sexual orientation and then religion.

If prosecuted for a Hate Crime offense, the trier of fact may infer that a person intended to threaten a victim if the person committed one of the following acts:

  • Burns a cross on the property of a victim who is or whom the person perceives to be of African American heritage.
  • Defaces the property of a victim who is or whom the person perceives to be of Jewish heritage by defacing the property with a swastika.
  • Defaces religious real property with words, symbols, or items that are derogatory to persons of the faith associated with the property.
  • Places a vandalized or defaced religious item or scripture on the property of a victim who is or whom the person perceives to be of the faith with which that item or scripture is associated.
  • Damages, destroys or defaces religious garb or other faith-based attire belonging to the victim or attempts to or successfully removes religious garb or other faith-based attire from the victim’s person without the victim’s authorization.
  • Places a noose on the property of a victim who is or whom the person perceives to be of a racial or ethnic minority group.

Words alone do not constitute a Hate Crime offense unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute a Hate Crime offense if it is apparent to the victim that the person does not have the ability to carry out the threat.

A Hate Crime offense is a class C felony and is punishable by a maximum sentence of five years of imprisonment, a $10,000 fine, or both. In addition, the victim of a Hate Crime offense may bring a civil cause of action against the perpetrator. Claims can include actual damages, punitive damages of up to $100,000, and reasonable attorneys’ fees and costs.

The bill will go into effect this summer, on July 23.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Over 29,100 Years ‘Lost’ In Prison Due To Wrongful Convictions

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Police Misconduct, Prison, Prosecutorial Misconduct, Race & Law, Skagit County Criminal Defense, Whatcom County Criminal Defense, Wrongful Convictions, , , , ,

Government corruption and negligence drive most wrongful convictions, report finds

Excellent article by Kiara Alfonseca of abcnews.go.com uncovered disturbing data on wrongful convictions. An exoneration-tracking project called National Registry of Exonerations (NRE) found that more than 29,100 years have been “lost” in prison due to wrongful convictions. The wrongful convictions were based on misidentifications, false confessions, police failure to disclose evidence and more.

The NRE has actively recorded this trend data since 1989. Since then, 3,287 exonerations have been recorded. The project is hosted by University of California Irvine, University of Michigan Law School and Michigan State University College of Law.

“We’ve all been raised to believe that our system is a great system that works well, that we identify the right people, we convict the right people, we give people the right sentences . . . It has been a very hard awakening for a lot of people to realize that that’s just not always the case.” ~Attorney Marissa Boyers Bluestine, Assistant Director at the Quattrone Center for the Fair Administration of Justice.

The registry found that the most often cited factors for wrongful convictions are as follows:

  • Witness Misidentification
  • False Accusation
  • False Confession
  • Faulty Forensic Evidence
  • Inadequate Legal Defense
  • Police Misconduct
  • Prosecutorial Misconduct

In some cases, the methods used to collect evidence in the past have since been proven to be scientifically unreliable, according to experts. This was the case with Sidney Holmes, whose armed robbery conviction was recently overturned in part because of misidentification, which was partly due to outdated photo and live lineup practices commonly used by law enforcement in the 1980s, officials say.

Black people represent 53% of the 3,200 exonerations listed in the National Registry of Exonerations. This data exists despite the fact that black people make up just 13.6% of the American population. Nevertheless, black people represent 38% of the incarcerated population, according to the Prison Policy Initiative.

“Innocent Black Americans are seven times more likely than white Americans to be falsely convicted of serious crimes.” ~National Registry of Exonerations 2022 Report.

Please contact my office if you, a friend or family member are charged with a crime. Being wrongfully convicted is the worst outcome possible. Hiring an effective and competent defense attorney is the first and best step toward justice.



Alexander F. Ransom

Attorney at Law
Criminal Defense Lawyer

119 North Commercial St.
Suite #1420
Bellingham, WA 98225

117 North 1st Street
Suite #27
Mount Vernon, WA 98273

Phone: (360) 746-2642
Fax: (360) 746-2949

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