Category Archives: Race & Law

Is Cash Bail Effective?

Bail, Bellingham Defense Attorney, Constitutional Rights, Court Fines, Due Process, felony, Jail, misdemeanor, Race & Law, Studies, Whatcom County Criminal Defense, , ,

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Three research studies released this month further confirm the ineffective, discriminatory, and unsafe influence of money bail in U.S. criminal justice systems.

In The Heavy Costs of High Bail: Evidence from Judge Randomization, a Columbia Law and Economics Working Paper by Arpit Gupta, Christopher Hansman, and Ethan Frenchman, describes how assigning money bail to people accused of crime in Philadelphia and Pittsburgh increases the likelihood of conviction by 12% and increases recidivism by 4%. Ultimately, the authors found that the use of money bail is not effective – it “does not seem to increase the probability that a defendant appears at trial,” and actually makes us all less safe.

In her University of Pennsylvania Law School Working Paper, Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes, Megan Stevenson reports that people arrested for crimes in Philadelphia and detained due to their inability to pay money bail face up to a 30% increase in convictions—driven by increased guilty pleas—and an additional 18 months of incarceration compared to those who are able to afford bail.

Finally, the Prison Policy Initiative (PPI) released an analysis of national data that gives context to the Columbia and University of Pennsylvania papers. In Detaining the Poor: How money bail perpetuates an endless cycle of poverty and jail time, PPI found that “most of the people who are unable to meet bail fall into the poorest third of society.” Their median income – only $15,109 prior to incarceration – was less than half of the income of non-incarcerated people, and yet the median bail amount nationally is almost a full year’s income for the typical person unable to post a bail bond. Money bail, PPI concludes, results in the unnecessary and excessive detention of poor people, essentially jailing people for their poverty.

This research highlights what legislators, practitioners, and taxpayers are increasingly recognizing: money bail doesn’t work, is discriminatory, and makes communities less safe.

Cherise Fanno Burdeen, executive director of the Pretrial Justice Institute released this statement about the research:

“With these recent research findings, there should no longer be any doubt, anywhere, that money bail unfairly punishes the poor while also making everyone less safe. Our 3DaysCount campaign calls for replacing the broken money bail system with commonsense and proven solutions to support people being successful on pretrial release.”

Congressman Ted Lieu, sponsor of the No Money Bail Act of 2016, said the following:

“Our nation must stop criminalizing poverty, and these new studies provide crucial data proving that being poor increases your chance of jail time and conviction.  This kind of research is crucial to supporting the No Money Bail Act of 2016, which would eliminate the use of money bail at the federal level and incentivize states to end the use of bail through the withholding of federal grants. We can no longer stand by in good conscience while Americans, presumed innocent, are deprived of their liberty because they can’t afford bail. Justice in America should not be bought and paid for.”

Additionally, judicial leaders across the nation joined together to call attention to these findings.Chief Justice W. Scott Bales, Arizona Supreme Court; Chief Justice Patricia Breckenridge, Missouri Supreme Court; Chief Justice E. James Burke, Wyoming Supreme Court; Chief Justice Tani Cantil-Sakauye California Supreme Court;  Justice Charles W. Daniels, New Mexico Supreme Court; Chief Justice Matthew B. Durrant,Utah Supreme Court; Chief Judge Nan G. Nash, Second Judicial District, New Mexico;Chief Justice Mark E. Recktenwald, Supreme Court of Hawaii; and Chief Justice Robert J. Torres, Jr., Supreme Court of Guam issued the following statement:

“People should not be held in jail pending the disposition of charges merely because they are poor and cannot afford bail.  Recent research suggests that we can identify better ways to make release decisions that will treat people fairly, protect the public, and ensure court appearances.”

My opinion? This national effort is gratifying. Few people understand how incarceration negatively affects job opportunities, families and ability mental/emotional wellness. In my Legal Guide titled, “Making Bail,” I discuss how one of the greatest services a competent defense attorney can do for their clients is assist in getting them released from jail as soon as possible on either a reduced bail amount which is lower than the Prosecutor’s recommendations or that the defendant be released without bail altogether.

One opportunity to lower/rescind bail is at the defendant’s first appearance or arraignment. Another opportunity exists through a Bail Review Hearing.

Under CrR 3.2, judges must review the nature of the pending criminal charges, a defendant’s prior criminal history, their history of failing to appear at past court hearings, and their ties to the community (property ownership, employment, family, school, etc). Factoring all of this, the judge decides whether to lower bail or release the defendant altogether.

Also, CrR 3.2 allows release of defendants to the care of willing and responsible members of the community, including family members. Also, judges may be persuaded to impose other pretrial release conditions such as mandatory curfews, staying away from businesses serving alcohol. Almost everything is negotiable.

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.

High Court Strikes Racism in Jury Selection

42 U.S.C. § 1983, Bellingham Defense Attorney, Constitutional Rights, Death Penalty, Discovery, Due Process, Evidence, felony, Jury Selection, Jury Trial, Prison, Prosecutorial Misconduct, Race & Law, Sentencing, United States Supreme Court, Violent Crime, Whatcom County Criminal Defense, , ,

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The U.S. Supreme Court just sent a strong message about racism in the justice system.

In Foster v. Chatman, the Court reversed a defendant’s murder conviction after discovering that the Prosecutor systematically eliminated African American jurors from serving on Mr. Foster’s jury because of their race.

Petitioner Timothy Foster was convicted of capital murder and sentenced to death in a Georgia court. During jury selection at his trial, the State used peremptory challenges to strike all four black prospective jurors qualified to serve on the jury.

Foster argued that the State’s use of those strikes was racially motivated, in violation of Batson v. Kentucky. The trial court rejected that claim, and the Georgia Supreme Court affirmed. Foster then renewed his Batson claim in a state habeas corpus proceeding.

While that proceeding was pending, Mr. Foster’s defense attorneys used the Georgia Open Records Act to obtained the Prosecutor’s file used during trial. In notes, prosecutors had highlighted the African Americans on several different lists of potential jurors. On one list, under the heading “Definite NOs,” prosecutors listed six potential jurors, all but one of whom were black.

Eventually, the U.S. Supreme Court granted review of the case on the issue of whether the Georgia courts erred in failing to recognize race discrimination under Batson v. Kentucky in the extraordinary circumstances of this death penalty case.

The Court reasoned that the Georgia Supreme Court’s decision that Foster failed to show purposeful discrimination was clearly erroneous. They started with Batson’s three-step process for adjudicating claims such as Foster’s. First, a defendant must make a prima facie showing that a preemptory challenge has been exercised on the basis of race. Second, if that showing has been made, the prosecution must offer a race-neutral basis for striking the juror in question. Third, the trial court must determine whether the defendant has shown purposeful discrimination.”

Here, and in sum, the Court reasoned that Foster established purposeful discrimination in the State’s strikes of two black prospective jurors:

” . . . along with the prosecution’s shifting explanations, misrepresentations of the record, and persistent focus on race, leads to the conclusion that the striking of those prospective jurors was motivated in substantial part by discriminatory intent . . . the focus on race in the prosecution’s file plainly demonstrates a concerted effort to keep black prospective jurors off the jury.”

My opinion? Good decision. The decision is a forceful blow against racism in the courts. Although the Foster decision won’t end racial discrimination in jury selection, it is certainly vindication for the potential jurors who weren’t allowed to fulfill their civic duty all those years ago because of their race. As for Foster, his future is still in limbo. The Supreme Court’s decision entitles him to a new trial before a jury of his peers that hasn’t been tainted by racial discrimination. Still, that mere fact doesn’t guarantee a different outcome. The new jury may come to the same conclusion as the old one. But if nothing else, Mr. Foster’s death penalty has likely been put off for many years to come. And in the world of death penalty litigation, that counts as a win.

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.

State v. Deleon: Court Strikes Evidence of “Gang Affiliation” Due To Defendant’s Music Preferences

Assault, Bellingham Defense Attorney, Constitutional Rights, Duress Defense, Evidence, felony, Prison, Race & Law, Search and Seizure, Self-Incrimination, Sentencing, Washington Supreme Court, Whatcom County Criminal Defense, , ,

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In State v. Deleon, the  WA Supreme Court held that (1) a defendant’s musical preference does not establish gang membership, and their admittance to gang affiliation during jail  booking may not be used at trial.

The State prosecuted Mr. Deleon and two others for multiple counts of Assault in the First Degree with deadly weapon enhancements and with gang aggravators.  If convicted, these upward enhancements substantially increased Deleon’s prison sentence. At trial, the court admitted as evidence of gang affiliation statements the defendant made at booking about his gang affiliation and evidence of the type of music on his cell phone.  Also, the trial court allowed a police officer to testify as a gang expert regarding generalized information of gang affiliation.

Mr. Deleon was found guilty and sentenced to 1,002 months. He appealed on the issue of (1) whether the trial court violated his Fifth Amendment right against self incrimination improperly admitted the aforementioned evidence, and (2) whether the gang expert testimony regarding gang culture and behavior was irrelevant and thus improperly admitted.

The WA Supreme Court reasoned that the gang information from the jail intake forms was not gathered voluntarily, and thus should not have been admitted as evidence. In short, it reasoned that when a defendant’s self-incriminating statements are made in exchange for protection from credible threats of violence while incarcerated, the statements are coerced and involuntary:

“We do not see how statements made under these circumstances could be considered voluntary. The admission of these statements was a violation of the defendant’s Fifth Amendment rights.”

The WA Supreme Court also ruled that the trial court mistakenly allowed evidence of the type of music on the defendant’s phone as evidence of gang affiliation. “Los Tigres del Norte is a prominent and popular Latin band and there is no evidence in the record to support that enjoying their music is evidence of gang affiliation . . .  We take this opportunity to remind courts to be far more cautious when drawing conclusions from a defendant’s musical preferences.”  This scathing wisdom reminded courts to be careful when admitting generalized evidence about gang affiliation.  “Such evidence is often highly prejudicial and must be tightly constrained to comply with the rules of evidence.”

Finally, the Court ruled that much of the generalized “gang evidence” was irrelevant and prejudicial, and thus should not have been admitted. The court reasoned that, under ER 402, evidence which is not relevant is not admissible. Here, the gang evidence produced by the State’s gang expert witness was highly prejudicial:

“We agree and urge courts to use caution when considering generalized gang evidence. Such evidence is often highly prejudicial, and must be tightly constrained to comply with the rules of evidence.”

With that, the WA Supreme Court held the defendant was entitled to a new trial. Therefore, the Court reversed the convictions and gang aggravators.

My opinion? I really enjoyed the rulings in this case. Sometimes, mainstream culture and music can be misconstrued as “gang evidence” when said music/culture is heard/exhibited by minorities. The Court attacked this veiled racism. Good on them. Also, they made good rulings on the 5th Amendment issues. A defendant’s gang affiliation when being booked into jail is a matter of personal security. The information should not be admitted at trial.

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.

Prisoners on Strike

Bellingham Defense Attorney, Constitutional Rights, Cruel & Unusual Punishment, Department of Corrections, Prison, Race & Law, Sentencing, Studies, Thirteenth Amendment, Whatcom County Criminal Defense, , ,

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Reporter Alice Sperry of theintercept.com  wrote an article describing how prisoners around the country have called for a series of strikes against forced labor and  demanded reforms of parole systems and prison policies; as well as more humane living conditions, a reduced use of solitary confinement, and better health care.

Apparently, Texas prisons are a hotbed for the controversy. Weeks ago, inmates at five Texas prisons pledged to refuse to leave their cells because of the strike. The organizers even drafted a letter articulating the reasons for the strike. Their demands range from the specific, such as a “good-time” credit toward sentence reduction and an end to $100 medical co-pays, to the systemic, namely a drastic downsizing of the state’s incarcerated population.

The 13th Amendment to the United States Constitution bans “involuntary servitude” in addition to slavery, “except as a punishment for crime whereof the party shall have been duly convicted . . .”

Today, however, the prison industrial complex is $2 billion a year industry, according to the Prison Policy Initiative, a nonprofit research institute.

Sperry article describes how a majority of prisoners work for the prisons themselves, making well below the minimum wage in some states, and as little as 17 cents per hour in privately run facilities. In Texas and a few other states, mostly in the South, prisoners are not paid at all, said Erica Gammill, director of the Prison Justice League, an organization that works with inmates in 109 Texas prisons.

“They get paid nothing, zero; it’s essentially forced labor,” she told The Intercept. “They rationalize not paying prison laborers by saying that money goes toward room and board, to offset the cost of incarcerating them.”

In Texas, prisoners have traditionally worked on farms, raising hogs and picking cotton, especially in East Texas, where many prisons occupy former plantations.

Although they comprise nearly half the incarcerated population nationwide — about 870,000 as of 2014 — prison workers are not counted in official labor statistics; they get no disability compensation in case of injury, no social security benefits, and no overtime.

The Texas action is not an isolated one. Prisoners in nearby Alabama and Mississippi, and as far away as Oregon, have also been alerted to the Texas strike through an underground network of communication between prisons.

In March, protests erupted at Holman Correctional Facility, a maximum security state prison in Alabama, where two riots broke out over four days. At least 100 prisoners gained control of part of the prison and stabbed a guard and the warden. Those protests were unplanned, but prisoners there had also been organizing coordinated actions that they say will go ahead as planned.

“We have to strain the economics of the criminal justice system, because if we don’t, we can’t force them to downsize,” an activist serving a life sentence at Holman told The Intercept. “Setting fires and stuff like that gets the attention of the media,” he said. “But I want us to organize something that’s not violent. If we refuse to offer free labor, it will force the institution to downsize.”

“Slavery has always been a legal institution,” he added. “And it never ended. It still exists today through the criminal justice system.”

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.

Frisks & DV Investigations

42 U.S.C. § 1983, 9th Circuit Court of Appeals, Bellingham Defense Attorney, Constitutional Rights, Domestic Violence, law enforcement, Obstructing, police, Police Misconduct, Qualified Immunity, Race & Law, Search and Seizure, Whatcom County Criminal Defense, , ,

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In Thomas v. Dillard, the 9th Circuit Court of Appeals held that although the domestic violence (DV) nature of a police investigation is relevant in assessing whether a suspect is armed and dangerous, it is not alone sufficient to establish reasonable suspicion to search.

Palomar College Police Officer Christopher Dillard responded to a call to investigate a man pushing a woman in a public area on the college’s campus. There he found Correll Thomas, a student at the college who had been hanging out with and kissing his girlfriend, Amy Husky. Although Thomas was unarmed and in fact had committed no act of domestic violence, Dillard demanded Thomas submit to a search for weapons, believing police officers are free to conduct a Terry frisk whenever they are investigating a potential “domestic violence” incident, regardless of the specific circumstances of the call or the facts encountered at the scene. When Thomas refused to be searched, Dillard tased him. Thomas sued Dillard under 42 U.S.C. § 1983, asserting unlawful seizure and excessive force under the Fourth Amendment.

The 9th Circuit held that although the domestic violence nature of a police investigation is a relevant consideration in assessing whether there is reason to believe a suspect is armed and dangerous, it is not alone sufficient to establish reasonable suspicion:

“Because domestic violence encompasses too many criminal acts of varying degrees of seriousness for an officer to form reasonable suspicion a suspect is armed from that label alone, we hold domestic violence is not a crime such as bank robbery or trafficking in large quantities of drugs that is, as a general matter, likely to involve the use of weapons.”

Therefore, officer Dillard violated plaintiff’s Fourth Amendment rights against unreasonable seizure by detaining him for the purpose of performing a Terry frisk.

However, the 9th Circuit held that Dillard was entitled to protection from the lawsuit under qualified immunity because it was not clearly established at the time that the initial demand for a frisk was unlawful. The court further held that it was not clearly established at the time that continuing to detain a noncompliant domestic violence suspect for the purpose of executing a frisk and tasing him when he refused to comply were unlawful.

My opinion? On the one hand, it’s refreshing that the Court understood the 4th Amendment issues presented in this case. Forcing a Terry search is unlawful under these circumstances. However, I disagree with the court that the officer was entitled to qualified immunity.

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.

Police Brutality Bill in WA Senate

ACLU, Bellingham Defense Attorney, Constitutional Rights, Due Process, law enforcement, Legislation, police, Race & Law, Whatcom County Criminal Defense, , ,

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Seattle Times reporter Steve Miletich wrote an article discussing a bill, introduced in the WA State Legislature, which  would make it easier to bring criminal charges against officers over the use of deadly force.

House Bill 2907, sponsored by 12 Democrats in the House, would remove language in state law RCW 9A.16.040 barring police officers from being prosecuted for killing someone in the line of duty as long as they acted in good faith and without malice, or what is defined as “evil intent.”

Miletich reports that RCW 9A.16.040 was the subject of a Seattle Times Special Report  and virtually precludes murder or manslaughter charges against police officers even if prosecutors concluded that an officer committed a wrongful killing.

House Bill 2907 comes at a time of national scrutiny of killings by police, marked by the Black Lives Matter movement. Miletich reports that it “faces a steep hurdle” to attract enough votes in the House, which is narrowly controlled by Democrats, some from conservative rural districts, and to win passage in the Republican-controlled Senate.

In addition to striking the “malice” and “good-faith wording,” House Bill 2907 eliminates language outlining some scenarios in which officers may use deadly force. It’s replaced requirements stating that an officer must “reasonably” believe that there is an “imminent threat” of death or serious injury to the officer or a third party, and that lethal action is necessary to prevent it.

What is reasonable, imminent and necessary is likely to be hotly debated. Supporters believe the proposed changes would be beneficial.

“This legislation provides much-needed guidance to law enforcement officers statewide on the use of deadly force,” Kathleen Taylor, executive director of the ACLU of Washington, said in a statement. “It rightly allows officers to use deadly force only if they reasonably believe that there is an imminent threat of serious harm to themselves or other persons.” She argues that  current laws have made it nearly impossible for the public to hold officers accountable for the wrongful use of deadly force and has hindered our ability to ensure justice for all.

The bill has been referred to the House Committee on Public Safety. It grew from legislation prepared by the Black Alliance of Thurston County, formed in the aftermath of the shooting of two young black men in Olympia last year by a white police officer.

My opinion? The legislation is timely, for sure. Statistics suggest that shootings from police are increasing. Modern technology by way of dash-cams, cell phone cameras and police body cameras has exposed the phenomenon. Archaic laws should not continue to protect police officers who unnecessarily shoot people.

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.

Mugshot Shaming & Facebook

Bellingham Defense Attorney, Due Process, DUI, law enforcement, misdemeanor, police, Race & Law, Search and Seizure, Shaming, Social Media, Technology, Uncategorized, Whatcom County Criminal Defense, , ,

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A news article from CBS 6 News reports that the Chesterfield County Sheriff’s Office in Virginia has decided to post weekly mugshots of people arrested on DUI charges on their Facebook page. Every Thursday they put the mugshots together into a video that gets thousands of views.

The sheriff told CBS 6 that while deputies aren’t making the arrests, they’re hoping the videos will make a difference.

“It’s a community issue,” he said, and pointed out that DUI infractions are on the rise.

Over the past seven days, 22 people in Chesterfield were charged with DUI.

“So we wanted to do our part, in conjunction with the police department, who do a good job making the arrests, and seeing if we couldn’t help deter somebody from getting in that car when they’ve had too much to drink,” said Sheriff Karl Leonard.

Additionally, the Chesterfield Sheriff’s Office wants to remind viewers that everyone you see here is innocent until proven guilty in court.

My opinion? Often, clients facing criminal charges ask me whether they can sue the Bellingham Herald – or anyone else, for that matter – on claims of slander and/or libel for posting their arrest on the Herald’s weekly jail reports.

Unfortunately, the typical answer is “No.” Under the common law, proving slander and libel require a finding that the information distributed to the public is untrue. Here, the fact that someone was arrested is, in fact, true. Therefore, that information can be reported. Additionally, news media outlets reporting this information provide the caveat to viewers that arrested individuals are innocent until proven guilty in court. Chesterfield County Sheriff’s Office has done this as well.

Still, social media is used by everyone. Who among us wants their arrest information posted on Facebook? The information is a scarlet letter. It’s embarrassing. Worst-case scenario,  people may lose employment opportunities and come under scrutiny from their peers, family and friends from the posting of this highly personal information on Facebook.

On a positive note, posting people’s mugshots on Facebook could reveal whether police are racially profiling DUI defendants. Watch the video. Notice how 99.9% of Chesterfield County’s DUI offenders are Hispanic or African American? This, in a county where census data information reveals that 70% of Chesterfield County’s population is 70% Caucasian?

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.

Record Number of False Convictions Overturned in 2015

Bellingham Defense Attorney, Race & Law, Studies, Technology, Whatcom County Criminal Defense, , ,

 

According to an article written by Pearl Gabel for the New York Times, a report from the National Registry of Exonerations reveals that  2015 was a record-breaking year for exonerations in the United States.

The bulk of the exonerations in 2015 came from just two states: Texas, where 54 people were cleared, and New York, with 17. The registry linked that trend to efforts by individual district attorneys in Brooklyn and in Harris County, Tex., to review questionable convictions, says Gabel.

Official misconduct played a role in 65 of the exonerations in 2015, the registry said, and false confessions were seen in 27. The most common reason inmates were cleared, in 75 of the cases, was that no crime had even occurred.

Gabel reveals that, In one such case, three men were cleared of setting a fire in 1980 in Brooklyn that caused the death of a mother and her five children. The sole witness in the case was deemed unreliable, and advances in arson science showed that the fire was most likely an accident. Two of the men, William Vasquez and Amaury Villalobos, spent almost 33 years each in prison on arson and murder charges. The third defendant, Raymond Mora, died in prison.

The exonerations in Harris County, which includes Houston, largely involved drug offenses. Last year, 42 people who had pleaded guilty to possession were cleared after retesting found that the substances were not, in fact, drugs.

The registry showed that many of the defendants might have chosen to plead guilty because they were stuck behind bars, unable to make bail, and feared risking years in prison at trial. It also found that more than two-thirds of those exonerated in 2015 were minorities, and half were African-American. Five defendants had death sentences.

Public interest in exoneration cases has risen in recent weeks as a result of the popular Netflix documentary “Making a Murderer,” which raised doubts about a murder case in Wisconsin.

My opinion? Advances in DNA and surveillance technology have opened the floodgates to the phenomenon that “justice” is not nearly as blind and unbiased as we like to think. Some Prosecutors have agendas, some police officers are corrupt and some defendants have ineffective defense attorneys.  The list goes on. Fortunately, this report shows some of the weaknesses in our system of justice and could provide solutions toward improvements.

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.

Have Plea Bargains Superseded Jury Trials?

Bellingham Defense Attorney, Constitutional Rights, Due Process, Jury Trial, Race & Law, Sixth Amendment, Studies, Uncategorized, Whatcom County Criminal Defense, , ,

Lady Justice, law, court

“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”

~Thomas Jefferson

How did the Sixth Amendment’s guarantee of a public jury trial in all criminal prosecutions become useless and outdated?

Seattle criminal defense attorney Kelly Vomacka answered these questions during her presentation at  the 7th Annual Smoke Farm Symposium on Aug. 22, 2015. Smoke Farm is a program center and events venue run by the Seattle-based nonprofit organization Rubicon Foundation.

Titled, “Plea Nation: Dispelling the Illusion That the US Criminal Justice System Sorts the Guilty from the Innocent,” Vomacka spoke to the trend that today’s criminal defendants are waiving their right to jury trials and entering plea bargains.

Studies show that 97% of criminal cases in the U.S. result in plea bargains that do not determine guilt or innocence. Only 3 percent go to trial by jury.  Vomacka also discusses incarceration issues, the risks of trial verdicts, the numerous “gaps” (race, communication, socio-economic status, etc. – between defendants and their lawyers, pleading guilty to get out of jail, etc.

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 DUI Court Helps Native Americans

Bellingham Defense Attorney, Blood Test, Drug Court, Drug Offenses, DUI, misdemeanor, Race & Law, Tribal Courts, Whatcom County Criminal Defense, , ,

An Albuquerque, New Mexico court is taking bold and progressive steps in stopping Native Americans from committing DUI.

The newly established Urban Native American Drug Court uses nine months of treatment and supervision instead of incarceration to deter alcoholism. In order to qualify, each defendant must be Native American and have been convicted of more than two DWIs.

“The idea is to try to incorporate some of the traditional beliefs into healing and wellness,” Judge Maria Dominguez said.

Officials said the biggest challenge is a fear of losing their spirituality. David Lente, a Native American substance abuse counselor in Albuquerque, provides the therapeutic component of the program by integrating activities cultural activities, like talking circles and community service projects. The hope is to reconnect Native American defendants with the positive aspects of their culture.

Court officials said drug court, as a whole, is a much more effective tool than jail time. They said only 6 percent of those who participate end up getting arrested again for drunken driving.

My opinion? This program is an excellent progressive step forward. Typically, alcohol abuse is symptomatic of something much worse taking place within the abuser. They may be suffering with physical, mental, emotional and/or spiritual health issues and using alcohol to self-medicate. Kudos to Judge Dominguez in the continued success of this program.

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