Category Archives: Studies

Jails In Indian Country

Domestic Violence, Jail, Race & Law, Studies, , ,

Patchwork health care for reservation inmates raises concern | HeraldNet.com

The U.S. Department of Justice recently conducted a survey of jails in Indian Country.  The facilities included a total of 82 jails, confinement facilities, detention centers, and other facilities operated by tribal authorities or the Bureau of Indian Affairs.

The report includes data on the number of adults and juveniles held, type of offense, number of persons confined on the last weekday of each month, average daily population, peak population, and admissions in June 2008. It also summarizes rated capacity, facility crowding, and jail staffing. Trend data from 2000 to 2008 on facilities in the surveys are included.

Highlights include the following:

  • The number of inmates admitted into Indian country jails during June 2008 was about 6 times the size of the average daily population;
  • The number of inmates confined in Indian country jails declined by 1.3% at midyear 2008, dropping to 2,135 inmates;
  • Inmates held for aggravated and simple assault increased at midyear 2008; and
  • Domestic violence declined.

Upon graduating from law school in 2003, my first job was Deputy Prosecutor for the Lummi Nation.  Indian defendants were housed with non-Indian defendants at the Whatcom County Jail.  I learned the Tribe had a VERY proactive anti-domestic violence unit (ADV Unit).  This was considered a hot-button topic (and probably still is).  The ADV Unit worked with tribal police, educated the community, and advocated for survivors of domestic violence.

That said, the survey showed a decrease in domestic violence (DV) crimes in 2008.  That’s good news.  DV convictions bring particularly painful consequences: defendants lose gun rights, judges issue no-contact orders against family members, defendants must move from dwellings they share with alleged victims, etc.  Very nasty.

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 Officer Says Public Safety May Be In Danger If Cuts Continue

911 Call, Bellingham, Bench Warrant, law enforcement, police, Studies, Washington State Patrol, , ,

Minneapolis approves cuts to police budget, not staffing | CTV News

A Bellingham police officer wrote that public safety may be endangered if police budget cuts continue.

The writer – who is also a Bellingham police officer – objects to the City’s proposal to lay off police officers in the face of decreased budgets and the economic recession.   The article is informative.  He discusses increased 911 calls, the “freezing” of more officer positions, understaffing at present levels, the fiscal responsibility of the police department (they cut their own budget by $1M), and the phenomenon of “hit and run law enforcement:”

“If layoffs are to occur, then the Bellingham Police Department will be providing what we in the profession call ‘hit and run law enforcement:’ running from incident to incident without giving each incident the attention it might deserve – going from call to call, always going on to the next crisis before fully solving the one before and not developing relationships with the public, not addressing needs in the community and not protecting the public to the best of our ability simply because we will be doing ‘more with less.'”

My opinion?  I’ve got mixed reactions.  Yes, we should adequately fund public safety.  Yes, police should be well-trained and reasonably equipped to handle a myriad of situations.  Yes, police must have resources to respond – quickly –  when contacted for emergencies.

I object, however, when police abuse their authority.  I object when police obtain evidence illegally.  I object when prosecutors refuse to make reasonable plea offers on weak cases.  I object when defendants a grinded through a legal system which unnecessarily costs too much time and money.  I really object when defendants are issued bench warrants and/or Bail Jumping charges after failing to appear for their hearings on the aforementioned “weak cases,” which should have never been filed or dismissed long ago.

I propose a two-part solution: First, discontinue funding for the City’s Anti-Crime Team (I blogged about this waaaay back on August 7).  The  Anti-Crime Team (ACT) is a proactive sub-unit of the Bellingham Police Department.  They provide additional investigations/policing of our neighborhoods by serving bench warrants, conducting police interviews, plotting stakeouts, etc.  In other words, ACT is proactively involved with community caretaking functions.

I question whether ACT is necessary.  Fine lines exists between community caretaking, wasting of resources, and police abuse.  Community caretaking wastes resources when police serve bench warrants on low-income defendants accused of low-profile crimes.  It also becomes an abuse of power when police conduct unlawful “pretext” investigations (I discuss pretext in my August 7 blog).

Second, save resources by convincing City prosecutors to actively dismiss and/or amend their weaker criminal cases.  Everybody benefits!  Police won’t needlessly testify at witness interviews, pretrial motions, or trials.  We keep them on the streets, where they should be.  Also, defendants avoid the grinding, unforgiving process of 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.

Amid Recession Meth Menace Evolves

Bellingham, Bellingham Defense Attorney, Drug Court, Drug Offenses, felony, Methamphetamine, Studies, , ,

Crystal meth: Europe could now see a surge in supply and use

Apparently, the meth problem has grown in the face of dwindling State/County budgets.

My opinion?  It makes sense.  My last blog discussed how heroin use increased in Whatcom County.  Similarly, I would expect meth use to increase as well.  It’s a sad state of affairs.  We’ve all felt the crunch of this economy: people lose their jobs, financial situations seem hopeless, we need to feel better, and, for some, drugs provide the outlet.

Know this: meth is a particularly nasty drug bringing particularly nasty consequences.  Under Washington’s Sentencing Reform Act (SRA), a person with no criminal history is exposed to 12-20 months PRISON for delivering methamphetamine.  RCW 69.50.401(2)(b).  Meth charges are also classified as Class B felonies, which are serious felonies under the SRA.  Finally, delivery charges automatically prohibit a defendant from entering Drug Court.

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

Too Much Information: Blogging Lawyers Face Ethical and Legal Problems

Bellingham Defense Attorney, Rules of Professional Conduct, Social Media, Studies, Whatcom County Criminal Defense, , ,

Blogging 101: 5 Tips for Lawyers - MyCase Blog

Chalk it up to the age of Facebook. Blogging lawyers and judges have landed in trouble with legal ethics regulators and judges, while one blogging lawyer ended up as a defendant in a defamation lawsuit.

My opinion?  I’ve blogged for some time now.  Early on, I discovered that my ethical duties under the Rules of Professional Conduct (RPC’s) clearly prohibit me from discussing certain things.  This is ESPECIALLY true in matters involving judges and clients.

For example, RPC 8.2 prohibits lawyers from making making statements against judges that ” . . . the lawyer knows is false or with reckless disregard as to its truth concerning the qualifications, integrity, or record of the judge.”  Indeed, the rule goes on to say that lawyers take an active role in squelching “bad talk” about judges: ” Lawyers . . . should support and continue traditional efforts to defend judges and courts from unjust criticism.”

Additionally, RPC 1.6 — which addresses client confidences/secrets — holds that a lawyer SHALL NOT reveal confidences or secrets relating to the representation of a client unless the client consents after consultation.

Lawyers, be careful.  Treat clients and judges like gold.  The internet doesn’t exist in a vacuum . . .

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.

True Stories of False Confessions: New Book Explains Why People Confess to Crimes They Didn’t Commit.

Constitutional Rights, Due Process, Duress Defense, Interrogation, law enforcement, police, Studies, , ,

False Testimony/Confessions | False Confession Cases | CIP

Would you confess to a crime you didn’t commit?  Plenty of people have.  A new book  the directors of Bluhm Legal Clinic’s Center on Wrongful Convictions (CWC) at Northwestern University School of Law, is full of articles and book excerpts detailing false confessions made by innocent men and women.

“True Stories of False Confessions” makes clear why false confessions happen all too often. The book details dozens of cases in which men and women of varied ages, races and education levels confessed to crimes they didn’t commit. The accounts are divided into categories bearing such titles as “brainwashing,” “inquisition,” “child abuse” and “exhaustion.”

Together, these cases reveal a disturbing phenomenon that the criminal justice system should address.  With the variety of people described in the book, it’s clear there is not one type of person susceptible to falsely confessing. “Your common sense might tell you that you don’t want to confess,” Drizin said. “But after hours and hours of intense grilling by police, you’ll say anything to stop the questioning. 

“There are untold numbers of these cases,” Warden said. “The examples in the book are just a few in which there have been exonerations. Each story was chosen because a talented journalist happened to write a compelling story about it. There are many, many other cases that simply didn’t come to the attention of an interested writer.”

Among writers whose works appear in the book are John Grisham, Alex Kotlowitz, Dana L. Priest, Sydney H. Schanberg, Maurice Possley, Steve Mills, John Conroy, Don Terry and Thomas Frisbie.

The Center on Wrongful Convictions receives approximately 200 credible requests for legal assistance each month, according to Warden, who says that more than a third of the requests are from men and women who confessed but claim that their confessions were false.  Founded 10 years ago, the center has been instrumental in 37 exonerations, more than half of which involved confessions that proved to be false.

Hate to say it, but in my line of work, false confessions happen all of the time.  

Police officers obtain unlawful confessions through threats, promises, etc.  They place many defendants under duress.  They browbeat.  For hours and hours.  Whatever it takes.  The solution?  Requiring police to electronically record interrogations.

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.

When Men Are Victims of Domestic Violence

911 Call, Assault, Bellingham Defense Attorney, Domestic Violence, felony, misdemeanor, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , ,

Male domestic abuse victims 'suffering in silence' - BBC News

An article on msn.com discusses Domestic Violence when the perpetrator is female and the victim is male.

According to the article, a recent study showed that 64 percent of the men who called a DV hotline were told that they “only help women,” and only half were referred to programs for male perpetrators.  Overall, only 8 percent of the men who called hotlines classified them as “very helpful,” whereas 69 percent found them to be “not at all helpful.”  Worse, when an abused man called the police, the police were more likely to arrest him than to arrest his abusive female partner.

My opinion?

I’ve handled hundreds of domestic violence (DV) cases.  Truthfully, female-on-male DV doesn’t happen often.  Indeed, I can count ON ONE HAND cases I’ve worked where a female defendant abused her male boyfriend/husband.  Either it rarely happens, or doesn’t get reported.  Probably both.

Still, it’s shameful that female-on-male DV isn’t taken as seriously.  Societal norms probably have much to do with it (men are physically stronger, they should have the wherewithal to “handle” an angry/violent female, etc.).

You should know this, however: BY WASHINGTON STATUTE, POLICE MUST ARREST SOMEONE IF THEY ARE SUMMONED VIA 911 PHONE CALL.  There’s no getting around it.  No arguing with police.  They will arrive, separate you two, investigate the scene, gather evidence, interview witnesses, determine who the primary aggressor is, and arrest them.

In addition, a DV perpetrator can be charged with Interfering With a 911 Call – a gross misdemeanor – if the perpetrator attempts to stop the victim from calling the police.

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.

Why Henry Louis Gates Should Sue

Constitutional Rights, Race & Law, Search and Seizure, Studies, , ,

Henry Louis Gates, Jr., Will Offer Presidential Colloquium | Smith College

Last week in Cambridge, Mass., Sgt. James Crowley arrested Henry Louis Gates Jr., a professor at Harvard, for Disorderly Conduct while responding to a reported break-in at Gates’s home.  The charges were subsequently dismissed.  Nevertheless, media pundits are asking the question:  should Mr. Gates sue?

Not surprisingly, the article’s author advocates legal action.  A lawsuit from Gates could lead to formal examination of the troubled history of police interactions with African-Americans.  The suit would also oppose systemic injustice and benefit the larger community.  Finally, lawsuits can be an important tool for reform when coupled with advocacy and public education efforts when the circumstances are conducive to change.

My opinion?  Personally, I also believe Gates should file suit.  Some police officers wrongfully become offended when questioned by citizens.  These same officers consider it unlawful when citizens exercise their Constitutional rights.   In short, citizens have the 4th amendment right to refuse illegal searches/seizures by police.

We also have the 5th Amendment right to remain silent upon arrest.  In other words, we may legally refuse to provide police with information which may incriminate ourselves.   When and why did it become unlawful to exercise our rights?  Where is the Disorderly Conduct in that?

It could be problematic, however, for Mr. gates to prove damages.

In order to prevail, Mr. Gates must show that he was (1) injured before/during/after the arrest, and (2) that his injuries led to quantifiable damages.  Admittedly, the damages portion is difficult to quantify.  Was Mr. Gates physically injured at any time?  Was he incarcerated?  If so, did his incarceration cause him any other injuries?  Did Mr. Gates undergo mental trauma?  The answers to these questions should determine whether his lawsuit has merit or is frivolous.

Good luck, Mr. Gates.

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 National Report: 1 in 11 Prisoners Serving a Life Sentence

Jail, Race & Law, Sentencing, Studies, , ,

How long is a life sentence in the UK, what's a whole life order and when is a prisoner eligible for parole?

A new report released by The Sentencing Project finds 140,610 individuals are now serving life sentences in state and federal prisons, 6,807 of whom were juveniles at the commission of the crime.  In addition, 29% of persons serving life sentences (41,095) have no possibility of parole, and 1,755 were juveniles at the commission of the crime.

No Exit: The Expanding Use of Life Sentences in America represents the first nationwide collection of life sentences data documenting race, ethnicity and gender.  The report’s findings reveal overwhelming racial and ethnic disparities in the allocation of life sentences: 66% of all persons sentenced to life are non-white, and 77% of juveniles serving life sentences are non-white.

The report notes that legislators have expanded the types of offenses that result in a life sentence and established a wide range of habitual offender laws that subject a growing proportion of defendants to potential life terms. The authors note how the politics of fear has largely fueled the increasing use of life without parole (“LWOP”) sentences. This is described as an increasing willingness to impose life sentences on juveniles, an increasing reluctance on the part of parole boards and governors to release parole-eligible life prisoners and how, as a consequence, the population of life prisoners is both growing and aging, with ever-increasing costs to society.

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.

 

From the Glass to the Brain in Six Minutes

Studies, , ,

How Alcohol Impacts the Brain | Northwestern Medicine

Scientists is Heidelberg discovered that alcohol affects brain cells six minutes after consumption.  The “subjects” consumed an amount of alcohol equivalent to three glasses of beer or two glasses of wine, leading to a blood alcohol level of 0.05 to 0.06 percent.

The harmful effect also sets in quickly. During the experiment, the concentration of substances such as creatine (energy metabolism), which are attributed with protecting cells, decreases as the concentration of alcohol increases. Choline, a component of cell membranes, was also reduced. “That probably indicates that alcohol triggers changes in the composition of cell membranes,” says Dr. Armin Biller.

Is all consumption of alcohol harmful for the brain? “Our follow-ups on the next day showed that the shifts in brain metabolites after moderate consumption of alcohol by healthy persons are completely reversible,” says Dr. Armin Biller. “However, we assume that the brain’s ability to recover from the effect of alcohol decreases or is eliminated as the consumption of alcohol increases.”

This study also found no differences between the results of male and female individuals – the brains of female and male subjects reacted to alcohol consumption the same way.

My opinion?  Well — without getting too personal — I support the study’s findings.  Alcohol hits a lightweight like me fairly quick.  LOL.

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.

Waiving or Reducing Interest on Court Fines

ACLU, Bellingham Defense Attorney, Court Fines, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Studies, Whatcom County Criminal Defense, , ,

How Long Do I Have To Pay My Fines And Costs To The Court? | Greenspun Shapiro PC

Gotta love the ACLU.

The organization just created a step-by-step guide which provides information and forms on how to obtain a court order waiving or reducing interest on legal financial obligations (LFOs) in Washington State. Defined by statute RCW 10.82.090, the court may, on motion by the offender, reduce or waive the interest on legal financial obligations ordered as a result of a criminal conviction.

In order to move the court to waive or reduce interest, you must prove the following to the court in all cases:

1) You have already been released from total confinement;

2) You have made a good faith effort to pay, meaning that you have either (a) paid the principal amount in full, or (b) made 24 consecutive monthly payments excluding any payments mandatorily deducted by DOC;

3) The interest accrual is causing you significant hardship;

4) You will not be able to pay the principal and interest in full;

5) Reduction or waiver of the interest will likely enable you to pay the full principal and any remaining interest thereon;

My opinion?  So many clients tell me the criminal justice system sucks their money away.  It’s bad enough that people get criminal records, jail time, fines, restitution, etc., when convicted of crimes.  Paying interest fees on top of criminal fines is adding insult to injury.  Unbelievable.

Here, the ACLU has provided a great service to criminal defendants and their attorneys.  Good stuff.  I’m looking forward to applying the guidelines and helping my clients save money.

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.