Category Archives: Skagit County Criminal Defense

Should Police Always Be Allowed to Shoot?

German police under fire after losing submachine gun | News | DW |  09.08.2019

Great article from Lawyer Monthly on the issue of whether police should be allowed to use deadly and lethal force under various circumstances.

It wrote that according to civil rights attorney Rodney Diggs with Ivie, McNeill & Wyatt, “The LAPD faces a need for systemic change”. In May 2017, the LA police commission unanimously approved 25 new recommendations, after discovering alarming findings in the LAPD’s first ever, Use of Force Report.

Diggs, who has handled multiple wrongful death lawsuits stemming from officer-involved shootings and individuals with mental disabilities, believes these recommendations are a step in the right direction.

“Over the years I have practiced, I have seen [approximately] 50-60% increase in wrongful death cases related to individuals suffering from mental disabilities/illness.”

According to the article, Lawyer Monthly surmised that such a vast increase of wrongful deaths is cause for huge concern. Therefore, what accounts towards this increase?

“The changes are due to the officer’s lack of being trained and dealing with individuals who suffer from mental illnesses,” says Diggs. “Conventional police training directly clashes with effective tactics for resolving a typical mental health crisis. Unfortunately, much of that training relies on a command-and-control approach that can lead to dangerous escalations in the use of force.”

HANDLING CITIZENS WITH MENTAL HEALTH ISSUES

“It’s more of a lack of training,” said Diggs. “Proper training takes time and money and the reason to why departments may not choose to use resources needed to train officers, is because the value may be hard to quantify. Once departments realize that it may cost money upfront for training but ultimately will save money and lives, they will see the return on investment.”

Training ought to enhance the public’s trust and to lessen the cases we are seeing involving mishandling alleged perpetrators. Rodney says: “Training will teach officers that they do not have to approach a situation and take action right away.  But in a medical emergency, slowing it down, getting additional resources and perhaps even stepping back should be the norm.

“When the public sees that someone’s life is saved because an officer properly assessed a situation and now that family doesn’t have to lose a loved one, then the public will trust that the police are equipped to handle these situations.”

MEDIA

“Additionally, the media plays a big role in the perception of its viewers,” said Diggs. He elaborated that the media can either assist in enhancing the public’s trust or incite fear. “So if we want to bridge the gap between officers and civilians, the media needs to highlight instances in which officers do the right thing in a very sticky situation.”

USE OF WEAPONRY

“Use of force is never acceptable unless the force used is objectively reasonable and used only when necessary to accomplish lawful objectives,” said Diggs. “Officers have to assess the situation and determine which use of force should be used in their specific situation.”

USE OF FORCE AND WEAPONRY

In the article, Rodney outlines the factors officers should use when deciding whether to use force and what type of force option to use:

(1) Whether the suspect poses an immediate threat to the officer or others;

(2) The severity of the crime;

(3) Whether the suspect is actively resisting arrest; and

(4) Whether the suspect is a flight risk or attempting to escape custody.

Further, deadly force should only be used if there is an immediate threat of death or severe bodily injury to the officer or another.

However, implementing an effective process will not be easy. The article states that one possible method of improving often involves implementing better and stronger sanctions; so, we wonder whether those involved in wrongful deaths need to be better sanctioned.

STRONGER SANCTIONS

“A lot of times we see that criminally, officers are not charged with murder or even disciplined within their own departments,” said Diggs. “Despite the monetary compensation that may be awarded to families, the officers face no discipline and the money that is being paid is not being paid out of the officer’s pockets.  Monetary compensation by way of settlement, or event civil verdicts, does not equate police reform.

“Greater sanctions would cause a deterrent and would cause officers to think twice and consider the reasonable and appropriate force options available to them or opt not to use force, especially deadly force, when it’s not needed,” says Diggs.

The OIG Report of National Best Practices report itself discusses the following options:

  • Increased de-escalation training, and adopting de-escalation as a formal agency policy.
  • Discouraging force against those who pose a danger only to themselves.
  • Other options, such as chemical spray and personal protection shields.
  • Providing prompt supervisory response to critical incidents to reduce the likelihood of unnecessary force.

You can read the full proposed report here.

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.

Is Spanking A Child Legal?

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 Every so often, I have Clients accused of Criminal Mistreatment, Child Abuse/Neglect, Assault in the Fourth Degree  or other crimes involving the abuse of children.
As a parent, you expect decisions about your own child’s well-being to be up to you.  Can the law interfere with your ability to discipline your child?  Can the law forbid you from spanking your child?

In Washington, parents are entitled to raise and reasonably discipline their children, so long as that discipline does not interfere with the children’s health, welfare, or safety.  Parents may reasonably use corporal punishment (like spanking) to discipline.

But what does the law in Washington really mean by “reasonably discipline”?  Under Washington law, the physical discipline of a child is not against the law when it is “reasonable and moderate.”  But what does “reasonable and moderate” mean?  Couldn’t those broad guidelines mean different things to different people?

To provide further guidance, Washington law elaborates that physical discipline is reasonable and moderate when it is “inflicted by a parent, teacher, or guardian for purposes of restraining or correcting the child.”  Physical punishment should be in direct response to a child’s disobedience or acting-out, rather than a blanket response to general bad behavior.  Any person besides a parent, teacher, or guardian must be authorized in advance by the child’s parent or guardian to use reasonable, moderate force to correct or restrain the child when it is appropriate.

Washington’s law also gives a list of unreasonable methods of disciplining a child, including:

  • throwing, kicking, burning, or cutting
  • striking a child with a closed fist
  • shaking a child under age three
  • choking or otherwise interfering with a child’s breathing
  • threatening a child with a deadly weapon
  • any other act that is likely to cause bodily harm greater than transient pain or minor temporary marks

So if we know what going way too far looks like, but we also know that physical punishment is okay when it’s reasonably tailored to correct a child’s behavior, where is the line between discipline and abuse, and how can parents avoid crossing it?

In Washington, child “abuse” is defined as “injury of a child by any person under circumstances which cause harm to the child’s health, welfare, or safety.”  When potential child abuse cases come before a court, the court will evaluate the child’s age, size, and health condition, as well as the location of the child’s injury and the surrounding circumstances, to help determine whether the acts at issue were reasonable discipline or abuse.

So ultimately, yes, parents, teachers and guardians are legally allowed to spank children for purposes of restraining or correcting the child. However, you must keep in mind (both for your sake as well as your child’s) that physical punishment should always be:

  • reasonable and moderate
  • inflicted by a parent, guardian, teacher, or someone with advance parental permission
  • intended to correct or restrain the child

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.

Skagit County Jail: Who Will Provide Inmate Medical Care?

According to Stone’s article, Skagit County currently employs jail medical staff itself, saving money over contracting for services while accepting sole responsibility for union negotiations and potential malpractice lawsuits. At an estimated $1.9 million a year, county-provided services at the new jail would be cheaper than contracting with NaphCare, a private, Alabama-based jail healthcare company that has expressed interest in working with the county.

Private-sector estimates come in at about $2.1 million, Neill Hoyson said. Both the county and private-sector numbers factor in an expected increase in inmate population at the larger jail – with 400 beds, the new jail is much larger than the current 83-bed facility.

Both plans would provide for about 12 full-time equivalent positions. Neill Hoyson said county staff recommend hiring a consultant to evaluate the different models, but that recommendation was not discussed by the commissioners.

Dr. Marc Stern, an assistant professor at the University of Washington’s School of Public Health, told the commissioners Tuesday that by spending about $3,000 to $4,000 per inmate per year, Skagit County currently falls on the lower end of the spectrum for jail medical care. The new plans would increase that number to about $8,000.

Jail inmates tend to have more health issues than the general population, he said. Studies indicate that investments in medical care for inmates tend to save money for the public health system when those inmates return to the community, he said.

However, Mr. Stern, stakeholders from the jail and the commissioners were skeptical about privatization.

“I think privatization is more expensive,” Stern said. “(To make a profit), it has to be.”

Chief of Corrections Charlie Wend said he has worked to build relationships between the jail and mental health and drug addiction treatment facilities in the community. Those relationships may not carry over to a private provider, he said.

“There are just some functions of government that should stay with the government,” Wend said.

However, Stern anticipated NaphCare would have an easier time hiring medical staff because it would pay higher wages. The county has said it’s had trouble with staffing because it can’t offer competitive wages. Skagit County’s Jail Finance Committee, made up of city and county representatives, meets Sept. 20, and the commissioners are expected to come to the table with a suggestion.

My opinion? Granted, I know very little about the discussion and what the real issues are. My knee-jerk reaction, however, is that privatization is not the answer. In Prison Healthcare: Medical Costs, Privitization, and Importane of Expertise, author Kip Piper discusses the pros and cons of outsourcing medical care to prison inmates. I’m confident those involved will make the right decision.

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.

Increased Rape on Campus

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Extortion & Promises

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In State v. McClure, the WA Court of Appeals held that extortion was satisfied by evidence that the defendant attempted to obtain valuable intangible property – a promise from the victim that he would not pursue criminal charges or a civil remedy against the defendant for the damaged property.

BACKGROUND FACTS

In late 2013, Williams and McClure entered into an agreement under which McClure would reside in a double wide trailer Williams owned that needed repairs. McClure would perform the repairs. In return, he would live in the trailer rent free for one year and then he would start paying rent. After a year, Williams contacted McClure and told him that if he did not pay rent, Williams would evict him.

McClure responded by threatening to destroy the trailer if Williams evicted him.

McClure did not pay his rent and Williams began the eviction process. Williams visited
the trailer on the day McClure was to be evicted and discovered that the sliding glass door, the front door, the kitchen cabinets, and the wood stove had been removed. In addition, pipes were ripped out of the ceiling and electrical lines had been cut. Williams contacted the sheriff.

A few days later, Williams returned to the trailer and observed people on the property who were removing siding, electrical wire, plumbing, appliances, and fixtures from the trailer and portions of his shed. A deputy sheriff informed Williams that someone had taken out a Craigslist ad inviting people onto the property to take what they wanted. Williams sent a text message to McClure asking him to remove the ad. McClure texted a response:

“I will pull the ads if you take a letter . . . signed and notarized by both you and Lisa (Williams’ wife) that will not allow any charges to be placed against me or my wife for
anything related to the property. I don’t need the hassle. I will also not have the signs placed that I made for the same purpose.” After Williams again asked McClure to remove the ad, McClure texted, “A simple letter will take you 15 minutes and it will be done.”

The State charged McClure with first degree extortion and first degree malicious
mischief. A jury convicted him of both charges.

LEGAL ISSUE

McClure appeals only his first degree extortion conviction on the issue of whether that “promise” sought by the defendant  constituted valuable intangible “property” supporting an extortion conviction or merely involved coercion under RCW 9A.36.070 – Williams abstaining from conduct that he had the legal right to engage in.

ANALYSIS & CONCLUSIONS

The Court of Appeals reasoned that under RCW 9A.56.120(1), a person is guilty of first degree extortion if that person commits “extortion” by means of specific types of threats. “Extortion” means “knowingly to obtain or attempt to obtain by threat property or services of the owner.” “Property” means “anything of value, whether tangible or intangible, real or personal.”

It further reasoned that McClure clearly was seeking a promise to not pursue criminal charges for a crime that involved financial loss to Williams – the cost of repairing damaged property. As a victim of a crime under RCW 9.94A.753(5), Williams would have the ability to receive restitution in a criminal proceeding for the property damage McClure caused.

“This ability to receive restitution for property damage had value to Williams,” reasoned the Court of Appeals.

Furthermore, McClure also arguably was seeking a promise not to pursue any civil remedy for the property damage McClure caused. That is how Williams interpreted the threat. He testified that McClure demanded Williams’ agreement “not to hold me responsible or press any charges for the damage that was done to your property.”

Finally, the Court of Appeals reasoned that this ability to hold McClure responsible for the property damage in a civil lawsuit had value to Williams:

“A reasonable jury could have inferred from the evidence that McClure was attempting to obtain something intangible that had value – Williams’ promise not to pursue compensation for the property damage that McClure caused.”

Accordingly, the Court of Appeals held that the State presented sufficient evidence to support McClure’s conviction for first degree extortion.

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.

Racial Bias in Media Coverage of the Opioid Crisis vs. Crack Epidemics

Excellent, informative article by Michael Shaw of in the Columbia Journalism Review discusses the clear double standard in the visual framing of the opioid crisis in comparison to the crack cocaine crisis of the 1980’s.

Shaw claims that media coverage of the opioid epidemic—which largely affects suburban and rural whites—portrays it as an outside threat and focuses on treatment and recovery, while stories of heroin in the 1970s, crack-cocaine in the 1980s, and other drug problems that impact urban people of color today have focused on the drug user’s morality.

Photos of the opioid crisis depict well-lit spaces, stress domesticity, and emphasize close-knit communities. In contrast, pictures of urban drug problems have depicted nighttime scenes on seedy streets or portrayed individuals interacting with the police, courts, or jails—often using starker black and white photography. In sum, Shaw argues, “Elected officials, the criminal justice system, and the American media have adopted a ‘kinder and gentler’ tone around the opioid crisis.”

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“A sub-theme of opioid crisis coverage: Many stories showcase children who have been saved by loving grandparents.” Photo from The New York Times, 2016.

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Drug stories about black families in cities present a “narrative of broken homes, addicted babies, mothers depicted as unfit, the engagement of state agencies, and children routinely placed into foster care.” Photo from The Washington Post, 1989.

The racial bias is inescapable. A drug crisis that is largely affecting suburban and rural whites is being treated with a drastically different attitude and approach in words and imagery than those used to characterize heroin use in the 1970s, crack cocaine in the late 1980s, and the drug problem plaguing America’s people of color and urban poor today.

Shaw claims that elected officials, the criminal justice system, and the American media have adopted a “kinder and gentler” tone around the opioid crisis. The attitude and phrasing of a recent New York Times article—titled: “In Heroin Crisis, White Families Seek Gentler War on Drugs”—is both an example and an illustration. As is Time’s just-published photo story “A caring lens on the opioid crisis.” The visual language is just as illuminating. The opioid crisis has been framed as a threat from outside, with drug users facing an “illness or a “disease” rather than a personal moral shortcoming.

 

“You can see in this photo how demonstrators cast addicts who have died from drugs as victims, and in the inset photo, literally as an angel,” says Shaw. “In another photograph, you can see how the same group, FedUp!, has co-opted the quilt as a protest symbol reminiscent of the AIDS crisis.”

Shaw also argues that the largely white drug “epidemic” we’re facing now bears little resemblance to the scenes of squalor, sociopathy, and criminality depicted in this 33-photo Getty package shot in the Bronx and published in June. And photos from the urban “war on drugs” don’t look much different today than they did 30 years ago.

A US Marshal, far left, keeps his pistol trained on suspects as other marshals raid a crackhouse. (AP Photo/Scott Applewhite)

 The photo above by Scott Applewhite, also shot in the Bronx, appeared in 1989. It was published to illustrate an eight-week federal anti-drug initiative characterized by armed police raids on inner city crack houses. Suffice it to say police in general have taken a different approach to white opioid drug users (more on that later).

Over the years, photographers have produced many landmark photo stories and bodies of work about drug addiction. The subjects and the settings have been uniformly harsh, the subjects primarily indigent and wayward, and the environs largely decrepit. Those stories include Larry Clark’s “Tulsa,” shot in the mid-1960s and published in 1971; Jessica Dimmock’s “The Ninth Floor,” shot in the Flatiron District of Manhattan and published in 2007; Michel Du Cille’s Pulitzer Prize winning work in 1988 documenting crack addiction in Miami.

Another important photo story in the canon of addiction is Eugene Richards’s “Cocaine True Cocaine Blue.” The project was shot primarily in New York and Philadelphia from 1988 to 1992 and published in 1994. The Instagram post above captures the visual tone and sensibility of that historical investigation. Notice the difference in tone between the historical work and a opioid story in June in The New Yorker shot by Richards in one West Virginia county.

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This tweet depicts four of six Richards images that illustrated the story. In the top left photo, the girl playing in the yard lives with her grandmother. She lost her father to a heroin overdose. The top right photo shows people running a project that helps place addicts in rehab. The middle photo shows a mother, a recovering addict, showing off her newborn. And the last photo is a doctor who offers free public classes in the use of Narcan, the drug that reverses opioid overdoses.

“What are the larger themes of photo coverage of the opioid crisis, centered on rural and suburban white America, and where do they contrast with coverage of drugs in cities?” asks Shaw. “Photos are almost always shot in color rather than the starker black and white. We typically see daytime or well-lit indoor photos, as opposed to night action on seedy streets or dark alleys.” Shaw further emphasizes that there is minimal engagement with courts, jail, or the police. And there is a stress on domesticity. The photos often are shot at a home, the spaces mostly tidy or pulled together. Bedroom portraits are common.

Opioid stories typically discuss family, extended family, and community.

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This image in the tweet above appeared in The New York Times “gentler drug war” story mentioned above. It’s a photo of Courtney Griffin, who died of a heroin overdose in 2014. The picture in the center show Courtney closely flanked by her sister and her mother. Emphasizing love and closeness, as well as nostalgia and irony, the photo exemplifies how the opioid imagery stays away from pain, despair, isolation, and, of course, relationship problems.

Victims are often depicted in a sympathetic light, with an emphasis on family bonds and survivor grief. A sub-theme of opioid crisis coverage: Many stories showcase children who have been saved by loving grandparents.

In the photo accompanying a Times story, notice the child safe in her bedroom, the letters on the wall spelling out her name, reinforcing identity and continuity. This pattern is a dramatic contrast to the narrative of broken homes, addicted babies, mothers depicted as unfit, the engagement of state agencies, and children routinely placed into foster care that is so characteristic of drug stories focused on black families in cities.

 This photo by Jahi Chikwendiu appeared in a Washington Post article highlighting a recovery house in Bowie, Maryland. Opioid stories consistently stress close-knit towns and support communities.This is a reunion picnic with residents, graduates, family members, and supporters. Of course, the bonding and intimacy in these photos obscure the alienation and the emotional isolation that go hand in hand with addiction.
“The issue of responsibility is largely absent until the theme of recovery comes into play,” says Shaw. At that point, users and addicts are often shown exercising remarkable will and winning the battlewith the disease. Photos stress dignity, help-seeking, coping skills, and self-reliance in the face of poverty and other challenges.

Paul Wright shows a picture of himself in the hospital after a near fatal overdose in 2015, Thursday, June 15, 2017, at the Neil Kennedy Recovery Clinic in Youngstown, Ohio. (AP Photo/David Dermer)

Consider this AP photo of a young man showing a picture of himself after a near-fatal overdose in 2015. It’s like it can’t be the same person, the Nike “Just Do It” accentuating a sense of agency over addiction.

This photo was featured in a major article on the opioid crisis published this month by The New York Times Magazine. Faith, love, and patriotism are themes that often lace photos of the opioid crisis.

 

In this photo, we see a look of conviction on the man’s face and an American flag in the background. This formerly homeless man started a wildly popular Facebook group after his friend died of heroin and is now a sought after drug counselor. What’s more American than bringing nationalism, patriotism, and a sense of can-do to a problem otherwise riddled with shame?

When you do see photos of actual drug use, the images are typically clinical and objective, as opposed to desperate and dingy. After all the crafted photojournalism like the images you see above, it’s jarring to see these user pictures more in the style of stock photography.

 

This photo by John Moore is part of a story about New London, Connecticut, which is suffering an unprecedented heroin and opioid pain pill epidemic. You’ll notice that the user wears a crucifix, a symbol of faith and a visual buffer with the drug use. Unlike other drug scourges, where photos of users using were common and showed faces, many opioid portraits hide the users’ faces. We hardly ever see anguish, craving, or the high, the rush, or the stupor. The subjects look as if they are doing a routine task, like brushing their teeth.

Compare this to a frame from a story about New York City in May 2015 on the rise of synthetic marijuana, or K2, in New York City.

 

The above photo by Spencer Platt shows a black male drug user unceremoniously splayed out on an East Harlem sidewalk.

“Of course, there are exceptions,” says Shaw.

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 This tweet captures several photos from a St. Louis Post-Dispatch story that the public found widely disturbing. Administration of heroin in most opioid stories is visualized in a casual way. In the unusual instance that depiction is blatantly graphic or inordinately casual though, a much stronger impact has been elicited. In this case, a couple is photographed shooting up at home, the woman six months pregnant. Beyond the act of administration, however, the rest of the imagery still conforms to many of the domestic norms described above. The February 6, 2017 photo was made in the kitchen, as the couple apparently prepared a meal. The place looks otherwise spotless; both wear clean clothes, and the dishes on the far counter seem to be washed. In the accompanying images by photojournalist David Carson, the drug use fits a larger routine. It might be a horror, but it’s a particularly antiseptic and contained one.

In light of campaign politics and now the debate over healthcare, geography has been almost as prominent a theme in the opioid crisis as demographics. A great deal of the towns are down-and-out, suffering from poverty and a loss of industry. In many cases, however, the photography softens the blow.

“The visual narrative around the opioid crisis has largely sidestepped criminality,” says Shaw. In fact, many opioid stories depict police as social advocates fighting for the community, as exemplified by the July New York Times Magazine cover story. In some cases, they are even a lifeline for users thanks to first responders who carry the drug Naloxone for reversing an overdose.

 

Contrast this August 2015 arrest photo from East Harlem, the charges unspecified, (shot in this case by Spencer Platt for Getty Images), with the NYPD Instagram post below, from May.

As a form of public service announcement, the two officers promote their use of Naloxone spray accompanied by an account of how they “saved a man from a potentially fatal overdose” just the week before. In fact, the visual stories hardly address the dealers and distributors of opioids at all.

“I’m not sure what the race or ethnicity was of the person the NYPD rescued, but a thorough news image search reveals that most articles about Narcan or Naloxone either feature white drugs users or addicts, photos of white people who are being resuscitated (such as in this slideshow), or else they feature trainings or simulations with white volunteers and, almost exclusively, white mannequins,” says Shaw. “There is a clear double standard in the visual framing of the opioid crisis.

Shaw points out that the gentler tone presents a marked departure from historical drug coverage, and the bias in the depiction of the problem as it plagues urban people of color feels “baked in.” Shaw further states that what is even more concerning is the prospect for closing this perceptual gap. Besides racial disparity in journalism, the dog-whistle politics of President Trump is encouraging divisiveness and driving a deeper wedge. Still worse, the GOP leadership is patronizing addicts and states with proportionally larger populations of afflicted rural white populations with the promise of increased prevention and treatment funding as part of its argument for repealing Obamacare.

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.

Sessions on WA Marijuana

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Jail Calls Make Revenue

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Wonderful article by Brian Alexander of The Atlantic claims that private companies have much to gain from installing and maintaining video technology connecting inmates with visitors.

VIDEO CHAT TECHNOLOGY

Over the past decade, many prisons  have outsourced video chat the systems to private corporations, often as part of a package that includes phone services. As of 2014, according to a report by the nonprofit Prison Policy Initiative, over 500 jails and prisons in 43 states had adopted video visitation.

An unknown number of those 500-plus facilities have also adopted “remote” video visitation, something akin to Skype, in which a “visitor” can communicate with an inmate via a computer, from any location. Unlike the in-facility video visitation systems, these remote setups come with charges of up to a dollar per minute, not counting account-deposit fees and set-up charges—expenses that can be quite burdensome for the often-poor families of inmates.

Despite the expense, however, the benefits cannot be ignored. Many visitors may conclude that driving to the jail is a waste of time and gas, and opt to pay. And jailers argue that video visitation has obvious security advantages and improves staff efficiency, as deputies don’t have to remove a prisoner from a housing unit or check visitors in.

Additionally, the revenues cannot be ignored either. Video chat systems make jailers—whether local governments or private corporations—the de-facto business partners of the companies, while enriching private-equity firms (which own many video-visitation providers) and their investors. “Video visitation is a link in the whole system that sees inmates as a revenue opportunity,” says Daniel Hatcher, a law professor at the University of Baltimore and the author of The Poverty Industry: The Exploitation of America’s Most Vulnerable Citizens. “It’s part of a larger system that sees the broader vulnerable family as a revenue opportunity, too.”

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A LUCRATIVE BUSINESS
Reporter Brian Alexander says that inmate-communication services have proven to be a very lucrative business, and expensive phone charges borne by the families of prisoners have stoked controversy for years. In response, the Federal Communications Commission (FCC) capped per-minute rates in 2015. Prison-telecom companies sued. President Trump’s appointee to head the FCC, Ajit Pai, dropped the FCC’s defense of the rate-cap rules, and, in June, a court struck them down. Even so, the phone charges became a scandal and some in Congress vowed to take action. Administrators began to feel queasy about the rates. 
The procedural hurdles and the outright bans on in-person visitation seem designed to nudge visitors to stay home and visit remotely. This not only benefits providers, but jails, prisons, and local jurisdictions too, which can use income from company commissions or profit-sharing to benefit the facility, a county’s general fund, or some other local cause. For example, the Prison Policy Initiative uncovered a contract between Securus and Maricopa County, Arizona, that provided for a 10 percent commission to the county of gross monthly revenues, but only if the number of paid video visits reached at least 8,000 for that month. If Securus grossed $2.6 million or more, the county’s percentage rose to 20 percent.

VIDEO VISITATION NO REPLACEMENT FOR IN-PERSON VISITS.

Alexander emphasizes that video visitation is no replacement for in-person visits. As an oft-cited Minnesota Department of Corrections study from 2011 showed, “prison visitation can significantly improve the transition offenders make from the institution to the community. Any visit reduced the risk of recidivism by 13 percent for felony reconvictions and 25 percent for technical violation revocations.” Also, a report by the National Institute of Corrections (part of the U.S. Department of Justice) similarly concluded that video visitation “cannot replicate seeing someone in-person, and it is critical for a young child to visit his or her incarcerated parent in person to establish a secure attachment.”

INVESTORS ARE PIQUED

Meanwhile, because the largest inmate telecom-and-video providers generate a healthy flow of cash, they’ve attracted the interest of private equity, or PE. The fees that flow upward from prisoners and their families find their way to these firms and their investors. In 2013, for example, Global Tel Link, another major inmate phone-and-video provider, borrowed $885 million to fund dividend recapitalizations at the behest of its PE sponsor, American Securities; that debt would be paid back with the proceeds from inmate calls and video visitations.

VIDEO CHAT: GOOD OR BAD?

Alexander says that even a critic like Hatcher, the author and law professor, believes that video visitation has the potential for good. Such a service can complement in-person visits. It could allow an inmate to see a child’s school performance. It could substitute for an in-person visit when weather makes travel to a jail or prison hazardous. But Hatcher fears that it’s being used to restrict contact and drain money from people who are often already poor.

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.

The Rise of Bitcoin

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 of The Washington Times claims that the value of the shadowy digital currency known as Bitcoin has jumped to record highs this month, sending shock waves through America’s defense and intelligence agencies, which fear its growth signals a surge in use by terrorists, drug kingpins, white-collar criminals and Russian cybercriminals who don’t want to be tracked by the world’s governments.
BACKGROUND ON BITCOIN
For those who don’t know, Bitcoin is a worldwide cryptocurrency and digital payment system invented by an unknown programmer, or a group of programmers, under the name Satoshi Nakamoto. It was released as open-source software in 2009. The system is peer-to-peer, and transactions take place between users directly, without an intermediary. These transactions are verified by network nodes and recorded in a public distributed ledger called a blockchain. Since the system works without a central repository or single administrator, bitcoin is called the first decentralized digital currency.

Besides being created as a reward for mining, Bitcoin can be exchanged for other currencies, products, and services in legal or black markets.

As of February 2015, over 100,000 merchants and vendors accepted bitcoin as payment. According to research produced by Cambridge University in 2017, there are 2.9 to 5.8 million unique users using a cryptocurrency wallet, most of them using Bitcoin.

The currency’s unique power comes from its independency and lack of reliance on any single government for its legitimacy. Unlike regular money, digital or cryptocurrencies are not connected to banks or governments and allow anonymous purchases or money exchanges completely outside the realm of banks, credit card firms or other third parties. Instead, the coins exist because users “mine” them by lending their computing power to verify other users’ transactions.

CYBER TERRORISM & BITCOIN

In Britain, screenshots on social media showed National Health Service computer screens with messages demanding $300 worth of Bitcoin to regain access to files.

While cyberattacks have increasingly targeted businesses around the world, Bitcoin ransom attacks, especially in the U.S., are skyrocketing. The FBI’s Internet Crime Complaint Center reported it received 2,673 ransomware incidents last year — nearly double the  figure from 2014.

Despite Moscow’s denials of meddling in the U.S. presidential election, major investigations also continue into Russian hackers suspected of using cyberattacks to undermine or influence the vote.

WORLD GOVERNMENTS STRIKE BACK AGAINST CYBER CRIMES AND BITCOIN
This summer, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN), the Department of Justice and scores of European illicit finance law enforcement officials have fought back with a wave of operations against Russian cybercriminals. Late last month, they shuttered AlphaBay and Hansa — two of the biggest “dark web” contraband marketplaces rife with the illegal sale of guns, drugs and other forbidden merchandise.

In an even more startling sign of the battle raging around Bitcoin, a FinCEN-led international illicit financing task force arrested a Russian “mastermind of organized crime” on a small beachside village in northern Greece less than two weeks ago.

 Alexander Vinnik, who is accused of laundering more than $4 billion worth of illegal funds using Bitcoin accounts, operated BTC-e, one of the world’s oldest Bitcoin exchanges.

U.S. authorities accuse Mr. Vinnik of facilitating crimes including drug trafficking, public corruption, hacking, fraud, identity theft and tax refund fraud.

“Just as new computer technologies continue to change the way we engage each other and experience the world, so too will criminals subvert these new technologies to serve their own nefarious purposes,” Brian Stretch, U.S. attorney for the Northern District of California, said about BTC-e.

Mr. Vinnik was arrested amid worldwide cyberhavoc triggered by massive WannaCry’s Bitcoin ransomware attacks in May and June. The attacks forced a production shutdown at Renault auto plans, crashed computers at Britain’s National Health Service and targeted India’s ATM network.

A little-noticed provision of the law passed by Congress and signed by President Trump this month imposing new sanctions for North Korea, Iran and Russia mandated the formulation of a national security strategy to combat “the financing of terrorism and related forms of illicit finance.” Among those forms, according to the text of the law, were “so-called cryptocurrencies and other methods that are computer, telecommunications, or internet-based” for cybercrime.

America’s defense and intelligence agencies, FinCEN in particular, pride themselves on the U.S. government’s ability to track and disrupt the illicit financial networks that work through traditional banks and finance channels.

This summer’s crackdowns on illicit Bitcoin activity has been considerable, but the dramatic surge in the currency’s overall value poses even more challenges.

WHAT IS A BITCOIN WORTH NOWADAYS?

Over the past month, Bitcoin prices are up more than 30 percent. According to the CoinDesk Bitcoin Price Index, a bitcoin traded for more than $3,000 — a record high — this past weekend.

The surge follows a spinoff another cryptocurrency, Bitcoin Cash. Anticipation of the spinoff sent bitcoin values spiraling last month as market analysts predicted a “civil war” with the rival. The opposite appears to have occurred with the spinoff driving up Bitcoin’s value. Market analysts say the value surge demonstrated bitcoin’s resiliency in addition to a growing public appetite for cryptocurrencies.

On Thursday, bitcoins traded at $3,439.55 per coin, driving the overall market value of all existing bitcoins to $56 billion. Adding Bitcoin’s overall value to other cryptocurrencies such as Ethereum and Litecoin and the total market capitalization of such digital cash is roughly $120 billion.

HOW DO WE RESPOND TO THE INCREASED USE OF CRYPTOCURRENCIES?

Yaya Fanusie, a former counterterrorism analyst for the CIA, is credited with identifying the first verifiable instance of a terrorist organization attempting to use bitcoin to raise funds. He now runs analysis for the Center on Sanctions and Illicit Finance at the Foundation for Defense of Democracies and told The Washington Times in an interview that the increased volume of bitcoin trading in itself is not the concern.

“The national security concern is not that criminals will use this type of technology — they use all technologies,” Mr. Fanusie said. “The policy question is: How do you deal with something that governments can’t control?” He said the U.S. needs to engage with the cryptocurrencies as much as possible and pointed to Defense Department procurement experiments already underway.

“Bitcoin is like a rebellious teenager,” he said. “It wants to do its own thing. So what do you do? Do you ban it? No, you want to have a good relationship with it and influence how it develops.”

BUILDING A CRIMINAL DEFENSE 

Virtual currencies like Bitcoin can play a central role in more traditional types of crime. Bitcoin trading enables some types of unlawful purchases that may be serious offenses, such as illegal purchases of weapons or drugs. One such high-profile case is that of Silk Road’s alleged owner, Ross Ulbricht, whose Bitcoin assets of over $28 million were seized in a criminal investigation into alleged illegal drug sales.

Unfortunately, Identity Theft can play a part of these cryptocurrency transactions.

Even ordinary cash has a history of being used for nefarious ends, but digital currency transactions can make the courtroom defense of criminal charges more complex. When facing the possibility of fines, forfeiture, or even incarceration, it is best to find an attorney with the experience it takes to build a nuanced, creative defense.

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.

Alcohol Abuse On The Rise

Image result for binge drinking
Excellent article by John Tozzi of Bloomberg claims that Americans are drinking more than they used to, a troubling trend with potentially dire implications for the country’s future health-care costs.

The number of adults who binge drink at least once a week could be as high as 30 million, greater than the population of every state save California, according to a study published on Wednesday in JAMA Psychiatry. A similar number reported alcohol abuse or dependency.

Between the genders, women showed the larger increase in alcohol abuse, according to the report.

“This should be a big wake-up call,” said David Jernigan, director of the Center on Alcohol Marketing and Youth at the Johns Hopkins Bloomberg School of Public Health, who wasn’t involved with the research. “Alcohol is our number one drug problem, and it’s not just a problem among kids.”

Tozzi reports that while underage drinking has declined in recent years, adult consumption increased across all demographics. The jump was also especially large for older Americans, minorities and people with lower levels of education and income.

The rise is “startling,” said Bridget Grant, a researcher at the National Institute on Alcohol Abuse and Alcoholism and lead author of the paper. “We haven’t seen these increases for three or four decades.”

The share of adults who reported any alcohol use, high-risk drinking or alcohol dependence or abuse increased significantly between when surveys were conducted in 2001-02 and in follow-up surveys during 2012-2013. Researchers personally interviewed tens of thousands of people with similar questions, offering a robust, nationally representative look at how American drinking habits have evolved in the 21st century.

About 12.6 percent of adults reported risky drinking during the previous year in 2012-13, compared with 9.7 percent in 2001-02. Behavior was considered high-risk if people surpassed the government’s guidelines for excessive alcohol intake, set at four drinks in one day for women and five drinks for men, at least once a week.

That 3 percentage point increase may not seem like a huge jump, but given an adult U.S. population of about 250 million, it represents roughly 7 million more people binge drinking at least once a week.

The increase in alcohol abuse or dependence was even greater: Some 12.7 percent of respondents reported such behavior in the 2012-13 period, compared with 8.5 percent in 2001-02. That percentage increase is roughly equivalent to 10.5 million people at the current population. The surveys assessed abuse or dependence using standard diagnostic criteria (PDF), with questions such as whether people had difficulty cutting down on drinking, or if they continued drinking even when it caused trouble with family and friends.

There’s no single explanation for the increase. Researchers point to economic stress in the aftermath of the Great Recession; more easily available alcohol at restaurants and retailers; and the diminished impact of alcohol taxes. As a percentage of average income, alcohol is cheaper today than at any point since at least 1950.

Pervasive marketing by the alcohol industry and new products such as flavored vodkas or hard lemonade and iced tea may also be driving some of the increases among women and other demographics, said Jernigan.

The consequences for health care, well-being and mortality are severe. Excess drinking caused on average more than 88,000 deaths in the U.S. each year from 2006 to 2010, the Centers for Disease Control estimates—more than twice the number of deaths from prescription opioids and heroin last year. The total includes drunk-driving deaths and alcohol-linked violence, as well as liver disease, strokes and other medical conditions. The CDC says drinking too much is responsible for one in 10 deaths among working-age Americans.

The estimated cost of excess alcohol consumption is almost $250 billion a year in the U.S.

“We pay for all of it,” said Jürgen Rehm, senior director of the Institute for Mental Health Policy Research at the Centre for Addiction and Mental Health in Toronto. The costs show up in higher health-care needs, lost productivity and prosecuting alcohol-fueled crimes, from drunk driving to homicide.

Rehm said alcohol doesn’t command the attention of policymakers the way tobacco, illicit drugs or prescription opioids have. “The response of society should be commensurate to the level of the problem,” he said. Yet there is no national strategy in the U.S. that matches recent, high-profile efforts to combat opioids, smoking or illegal drugs. “Alcohol,” Rehm said, “we just tend to overlook.”

My opinion? Alcohol is a factor in roughly 70% – 80% of my cases. DUI crimes are most commonly associated with alcohol use, but it doesn’t stop there. Assault, domestic violence and sex offenses also overwhelmingly involve alcohol in some way, shape or form. And although voluntary intoxication is a valid defense in some cases, juries and judges tend to be pessimistic of its viability. This is because previous research finds that Americans tend to consider excess drinking a character flaw rather than a medical problem.

Fortunately, in some cases Prosecutors can be persuaded to give some leeway to those who obtain alcohol evaluations and undergo treatment. These actions show the defendant is taking accounability for the alleged crimes they committed while under the influence of alcohol, and that the incident may have been isolated to those particular circumstances.

If you have received a DUI or any other crime involving alcohol use/abuse, you should contact an experienced attorney who can help you through the various requirements from the courts, prosecutors, judges, probation and the Department of Motor Vehicles. You should have a alcohol evaluation done promptly, and have your attorney prep your thoroughly before hand.

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.



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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