Tag Archives: Mount Vernon Criminal Defense

Cognitive Biases Affect Trial Outcomes

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

NACDL - Impartial & Representative Juries

Experienced defense lawyers are aware of cognitive biases and implement debiasing techniques to promote justice. Extensive research shows that lawyers, judges and jurors are susceptible to predictable mental shortcuts. Unfortunately, these cognitive shortcuts can lead to systematic errors in judgment and potentially unjust outcomes.

WHY MUST DEFENSE ATTORNEYS BE AWARE OF COURTROOM BIASES?

Defense attorneys must actively address jury biases because an impartial jury is a fundamental right of the accused. Biases can affect juror decision-making in subtle and overt ways, and they can arise from pre-trial publicity, personal experiences, and cognitive shortcuts. Defense attorneys use a range of strategies before and during a trial to counter these biases and protect their client’s right to a fair trial. The following biases can infect every stage of a legal case:

Confirmation bias: The tendency to search for, interpret, and recall information that confirms one’s preexisting beliefs. For example, investigators who settle on an initial theory about a suspect may then selectively gather evidence to confirm it, overlooking contradictory information that could prove the suspect’s innocence.

Anchoring bias: The over-reliance on the first piece of information offered. A prosecutor’s initial demand for a lengthy sentence can “anchor” a judge’s final decision, even if the initial demand was arbitrary. Defense lawyers can mitigate this by controlling the order of evidence presentation to set a more favorable anchor for their client.

Hindsight bias: The tendency to view past events as more predictable than they were. A jury might wrongly believe a defendant should have foreseen a negative outcome, even if it was highly improbable at the time.

The rhyme-as-reason effect: The tendency to perceive statements as more truthful if they are presented in a way that is easy to understand, such as in a rhyme. The famous O.J. Simpson trial defense, “If it doesn’t fit, you must acquit,” is a textbook example of this cognitive bias being used to sway jurors.

Systemic and implicit biases: Cognitive biases can also be influenced by broader systemic issues like racial bias. For example, implicit racial biases can affect how law enforcement interacts with and perceives defendants, potentially cascading through the system to influence jurors.

DE-BIASING TECHNIQUES FOR DEFENSE LAWYERS

Defense lawyers can implement a number of techniques to counteract biases in their own practice and influence a fairer trial for their clients:

Educate the jury and judge: Provide expert testimony from cognitive psychologists to inform the court about common biases and explain how they may be at play in a given case. This encourages decision-makers to scrutinize their own thought processes.

Challenge prejudicial evidence: File motions to challenge the admissibility of evidence that may trigger biases, such as prior criminal history, especially if the defense fears it will unfairly influence a judge or jury.

Conduct blind procedures: Advocate for anonymized document reviews or blind lineups during investigations. Blinding helps to ensure that decisions are based on the merits of the evidence and not on subconscious stereotypes.

Promote deliberative decision-making: Encourage structured and slow deliberation. This might involve preparing judges with checklists or providing guided jury instructions that remind them to consider alternative explanations for the evidence.

Present alternative scenarios: During trial, frame the evidence in a way that draws attention to a plausible alternative narrative that challenges biased assumptions.

Focus on case-specific evidence: Counter representativeness heuristics (judging someone based on stereotypes) by emphasizing the unique circumstances of the defendant and the case, rather than allowing generalizations to take hold.

Jury trials are stressful and adversarial. Testifying witnesses, alleged victims, judges, attorneys and jurors all share cognitive biases heading into these proceedings. Consequently, in these spaces, people tend to assume their cognitive biases  as truth without considering why they exist. Trial outcomes are affcted by bias dynamics involving age, race, sex, education, income level, etc. During jury selection, it’s extremely wise to  create a space where potential jurors feel comfortable enough to discuss their biases.

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.

City of Bellingham Implements Tax To Fund Public Safety

Bellingham Defense Attorney, police, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

Resuming police foot patrols downtown part of city's renewed safety plan | Cascadia Daily News

Bellingham City Council members approved a measure authorizing a sales tax for public safety. Such a tax would cost Bellingham shoppers about 10 cents on a $100 purchase. It’s estimated to raise about $3.9 million for a range of public safety services in 2026.

“If we do not implement this tax, we will have to come up with another way to close that gap,” Deputy City Administrator Forrest Longman told the council during a committee discussion Monday afternoon. “We’ve picked all the low-hanging fruit already.”

HOUSE BILL 2015 

House Bill 2015 is a statewide public safety funding law that allows qualifying cities and counties to impose a new 0.1% sales and use tax option to fund certain public safety efforts.  The legislation also creates a $100 million grant program that is available only to local and tribal law enforcement agencies that can demonstrate compliance with state law.

Sales tax must be used for criminal justice purposes, while the grant can be used for supporting hiring, training, and retaining officers, as well as community-based criminal justice programs in partnership with law enforcement agencies. Jurisdictions that want to impose the 0.1% sales and use tax must meet the grant criteria.

Whether a jurisdiction adopts the sales tax, applies for the grant, or does both, the eligibility criteria are the same. Law enforcement agencies must meet specific policy, training, and data reporting standards outlined in HB 2015 before funding is approved.

DOES THE CITY OF BELLINGHAM QUALIFY TO IMPOSE THE TAX?

Yes, Bellingham is on track to meet all the requirements for imposing the tax by Oct. 3rd. That’s when enough police officers will have completed training in de-escalation techniques, which is among the requirements under the state law that allows cities to impose the tax.

My opinion? Imposing the tax is a step in the right direction. The tax can be used for several programs that fall under the label of public safety. Examples of other programs include domestic violence, public defenders, re-entry work for offenders and crime-reduction measures.

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.

Vehicular Homicide Conviction Prohibits Defendants From Owning or Possessing Firearms

Bellingham Defense Attorney, Constitutional Rights, felony, Firearm, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Uncategorized, Washington Court of Appeals, Whatcom County Criminal Defense, , , ,

Judge Rules Bruen Doesn't Protect Felons' 2A Rights - Firearms News

(rawf8 / Shutterstock photo)

In State v. Hamilton, No. 85055-5-I (March 17, 2025), the WA Court of Appeals decided that disarming those convicted of Vehicular Homicide  is consistent with the United States’ historic tradition of firearms regulation.

FACTUAL BACKGROUND

Mr. Hamilton was convicted of Vehicular Homicide after a jury trial. Due to his felony conviction, the court notified Hamilton that he could no longer possess firearms. He was ordered to immediately surrender his concealed pistol license and any firearms in his possession. The court also imposed conditions forbidding him from owning, using, or possessing a firearm or ammunition, consistent with the prohibition set out under statute.

On appeal, Hamilton argued that Washington’s statutes restricting his firearms post-conviction violate the Second Amendment to the United States Constitution.

COURT’S ANALYSIS & CONCLUSIONS

The Court of Appeals (COA) discussed numerous U.S. Supreme Court decisions addressing Second Amendment. These decision include New York State Rifle & Pistol Association v. Bruen, and United States v. Rahimi. In applying stare decisis, the COA ultimately held that the overwhelming majority of courts addressing statutes that ban convicted felons from possessing firearms have rejected the contention that such laws are now unconstitutional. Next, the COA addressed Hamilton challenging the as-applied constitutionality of several Washington statutes that work in conjunction to strip a person’s right to bear arms upon conviction for a felony.

” . . . We conclude that disarming those with felony convictions is demonstrably consistent with America’s historic tradition of firearms regulation. Common law has a long history of disarming individuals, or categories of individuals, who were viewed as a danger to public order . . . The historical justification for felon bans reveals one controlling principal that applies to each historical period: violent or otherwise dangerous persons could be disarmed . . .”

“Groups of people who were categorized as presenting a danger to the public order during that era of our nation’s history included American Indians, Catholics, Quakers, slaves, and freed Black people. Such restrictions are repugnant and would fail modern constitutional scrutiny, but they nevertheless demonstrate historical precedent for restricting the firearms rights of persons perceived to be dangerous.” ~WA Court of Appeals

Finally, the COA addressed Hamilton’s argument that his felony conviction involved a “tragic accident” rather than the actual use of a firearm or political activity. The COA reasoined that Hamilton nevertheless committed a felony offense that resulted in the death of another person. As a result, reasoned the COA, his behavior places him squarely in the category of persons deemed dangerous to the public order for the purpose of historical firearms regulation.

With that, the Court of Appeals affirmed Hamilton’s criminal conviction.

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

Drug Overdose Deaths Beginning to Decline

Bellingham Defense Attorney, Drug Offenses, Fentanyl, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

Image: Reynoldsburg police shared a photo after they found an unconscious male behind the wheel

Photo courtesy of the Reynoldsburg Division Of Police.

Journalist Tanya Lewis wrote an insightful article on why opioid overdoses have fallen since their COVID-19 Pandemic peak. Although more than 100,000 people have died of overdoses every year since 2021 – mostly due to fentanyl – recent data from the CDC suggest that this brutal trend may have crested.

According to the article, overdose deaths have declined slightly overall since last fall, as have overdose deaths from opioids, including fentanyl. However, deaths over the last 12 months remain incredibly high, at more than 102,000, which is still well above prepandemic numbers. From 2017 to 2019, for example, it’s estimated that more than 68,000 people died every year from overdosing. These recent numbers are provisional and may represent an undercount, according to the CDC.

The reasons for the apparent peak in overdose deaths aren’t fully understood, but experts have a few hypotheses.

OVERDOSE DEATHS ARE REVERTING TO THEIR AVERAGE LEVEL FROM BEFORE THE COVID-19 PANDEMIC.

Overdose deaths spiked during the pandemic’s first few years. It’s not clear whether more people started using or whether people were simply dying at higher rates; exact counts aren’t available for the number of people who use illicit drugs such as fentanyl. Stress and social isolation increased during the pandemic, which may have led some people to start using or use more frequently or in riskier ways. Treatment for opioid use disorder was also disrupted, and if a person overdosed, it was less likely that someone would be there to intervene.

INVESTMENT IN TREATMENT AND INTERVENTIONS BRING POSITIVE EFFECTS.

Access to the overdose-reversing drug naloxone (often referred to by the brand name Narcan) has also increased. the drug is now available over the counter. Additionally, the availability of test strips for detecting fentanyl, as well as other types of drug testing equipment, Cerda says, may have also prevented overdose deaths by making it easier for people who use drugs to avoid fentanyl; the synthetic opioid is much stronger than other opioids and can lead to overdoses at much, much lower concentrations.

THE POPULATION OF PEOPLE WHO USED FENTANYL AND WERE AT RISK OF OVERDOSING HAVE SIMPLY DIED OFF. 

The older generation of people who have opioid use disorder is dying. The younger generation sees how deadly the drugs are and may be less inclined to start using them, adds Jay Unick, an assistant professor at the University of Maryland School of Social Work.

REDUCED SUPPLY OF FENTANYL IN SOME PARTS OF THE U.S. 

Most of the illicit fentanyl in the U.S. comes from Mexican cartels, which obtain its precursor chemicals from China and other countries. The U.S. Drug Enforcement Agency has been cracking down on a Mexican cartel called the Sinaloa cartel, which supplies fentanyl to much of the eastern U.S., and this could be leading to a shortage of the drugs.

The national trend belies important regional differences: while most eastern U.S. states saw declines in overdose deaths, many western states have seen increases. The timing of fentanyl’s introduction to these areas could explain the divide, experts say. The eastern half of the U.S.—from the Midwest to Appalachia—was first exposed to the drug around 2014, whereas it didn’t really emerge across the West Coast until 2019.

THE DEMOGRAPHICS HIT HARDEST BY THE U.S. OPIOID EPIDEMIC HAVE SHIFTED.

Fewer white people are now dying of overdoses, whereas Black and Indigenous people are dying at higher rates. The crisis has also been fueled by homelessness and high rates of mental illness, signs of the compounding effects of income inequality.

THE WEST COAST’S INCREASE IN OVERDOSE DEATHS IS LEADING SOEM STATES TO ADOPT TOUGHER STANCES ON VISIBLE DRUG USE.

In a landmark move in 2020 Oregon voted to decriminalize small amounts of certain drugs, including heroin, cocaine and methamphetamine. But in response to public pressure, the state recently rolled back that policy. It is unlikely that decriminalizing drugs in Oregon caused an increase in opioid overdoses. The increases were also seen in California, Washington and numerous other states that did not decriminalize them.

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.

Bellingham Sees a Summertime Spike In DUI Arrests

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

Summer Drinking: How Much Is Too Much? - Health Beat

Photo courtesy of gettyimages.com

According to the Bellingham Herald, the City of Bellingham Has Seen a Spike in DUI’s this  Summer.

THE DATA

The Bellingham Police Department reported 14 DUI arrests the weekend of July 3-5. The department made another 15 arrests July 12-15, with eight on July 13 alone. That’s 29 DUI arrests over seven days in July.

To put that into perspective, BPD averaged 21 DUI arrests per month from 2019-2023, and the department never reported more than 40 in a single month during that time, according to the city’s crime statistics tracker. So far this year, monthly arrests have topped 50 twice — 50 in March and 55 in July. The annual trend is even more stark. BPD reported 245 DUI arrests from January through July, which puts the city on pace to top its 2023 total of 382.

ALTHOUGH DUI’S HAVE INCREASED VEHICLE CRASHES INVOLVING ALCOHOL HAVE DECREASED.

Meanwhile, crashes involving alcohol appear to be on the decline in Whatcom County and Bellingham. There have been 18 traffic crashes involving alcohol in Bellingham, which saw 72 such incidents reported in 2023, according to the Washington State Department of Transportation Crash Data Portal.

WHY THE SUDDEN INCREASE IN DUI ARRESTS?

The hot summer weather can cause dehydration, which in turn can affect the way your body metabolizes alcohol. When dehydrated, your body has less water available to dilute the alcohol in your system. This means that even a tiny amount of alcohol can result in a higher BAC level than it would under normal conditions. Additionally, high temperatures can increase your heart rate and cause your blood vessels to dilate, leading to faster absorption of alcohol into your bloodstream.

DOES SUMMER HEAT IMPACT DUI BREATHALYZER RESULTS?

The effects of dehydration and increased heart rate caused by the summer heat can also impact the accuracy of DUI tests. Breathalyzer tests rely on the assumption that a person’s breath contains an accurate representation of their BAC level. However, if someone is dehydrated or experiencing an elevated heart rate due to the heat, their breath may not provide an accurate reading. This means that someone who is actually below the legal limit could still test positive for driving under the influence.

TIPS FOR STAYING SAFE ON THE ROAD THIS SUMMER.

To avoid potential issues with elevated BAC levels and inaccurate DWI test results during the summer months, it’s important to stay safe on the road. Make sure to stay hydrated by drinking plenty of water throughout the day, especially if you plan on consuming alcohol later on. Limit your alcohol intake when it’s hot outside, as even a small amount could have a greater impact on your BAC level than usual. If you do decide to drink, make sure to wait a sufficient amount of time before getting behind the wheel to allow your body to metabolize the alcohol.

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.

Can Parents Allow Their Minor Children to Drink at Home?

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

In short, “Yes,” with some exceptions.

RCW 66.44.270 is Washington’s “Furnishing Liquor to a Minor” statute. It states that it is illegal to “sell, give, or otherwise supply liquor to any person under the age of 21 years”. This includes allowing anyone under 21 to drink alcohol in a building they own or are in charge of, or to possess, consume, or otherwise acquire any liquor. However, there is an exception for parents or guardians to furnish alcohol to their minor child as long as it is done under their supervision and consumed in their presence.

Nevertheless, this does not mean it is permissible for an adult to supervise anyone else other than their child. If a group of teenagers is drinking, all of their parents need to consent and observe. Otherwise, providing a safe place for your child and their friends to drink is illegal.

Unless with parental supervision, it is also illegal for a minor to be in public, including in a car in public, after clearly having consumed alcohol. To be in violation of this code, the minor’s breath must smell like liquor and either be near a container of alcohol or obviously under the influence, shown through speech or behavior.

Legal exceptions:

  • Liquor for medicinal purposes from a parent, guardian, physician or dentist
  • Religious context, when minimal amount is consumed
  • Specific permitted exceptions, like scientific research

Can underage viticulture students drink in WA?

Washington state law also allows underage viticulture and related students to taste wine, but not drink it, for educational purposes. The student must be at least 18, and tasting must be monitored by faculty.

That said, Washington state offers legal protection for minors at medical facilities who experience alcohol poisoning, or bring in another minor experiencing alcohol poisoning. Youth cannot be charged for underage consumption based on information gathered from the medical visit.

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.

WA Ranks Low In States With Road Rage

Bellingham Defense Attorney, Firearm, Mount Vernon Criminal Defense Attorney, Reckless Driving, Reckless Endangerment, Road Rage, Skagit County Criminal Defense, Studies, Uncategorized, Whatcom County Criminal Defense, , , , ,

A person driving.

A recent study from H&P Law ranks Washington among states with the least amount of road rage. The firm used data from The Trace and the NHTSA’s Fatality Analysis Reporting System to rank states by most common road rage incidents. Washingtonians can consider themselves lucky – the Evergreen State falls in the bottom ten for reported or documented road rage incidents.

THE REPORT

The report ranks all 50 states utilizing analysis of six key factors. Data points used include the number of firearm-related incidents, the percentage of crashes involving aggressive or careless driving, the number of accidents with fatalities, the total number of deaths from crashes involving aggressive or careless driving, the percentage of incidents involving aggressive or careless driving that resulted in a fatality, and speeding violations, at varying weights.

Washington ranks 44 of 50, making it one of the states with the fewest road rage incidents. Rhode Island was ranked the best. The study ranked the least road rage prone states in the bottom ten as: Iowa South Dakota, Wyoming, Washington, Massachusetts, New York, New Hampshire, Virginia, California, Rhode Island.

WHAT MADE WASHINGTON’S SCORE SO LOW?

The Evergreen State has a low rate of firearm-related road rage incidents, at 1.5 per 100,000 residents. Less than 28% of the state’s car crashes involve aggressive or careless driving, according to the study. Washington experiences 2.5 fatal crashes due to aggressive driving per 100,000 residents, and a low number of speeding violations compared to other states.

WHICH STATES HAVE MOST ROAD RAGE?

According to the report, the states with the most road rage are:

  • Louisiana
  • New Mexico
  • Montana
  • Arkansas
  • Colorado
  • North Carolina
  • Delaware
  • Florida
  • Wisconsin
  • Tennessee

At some point in every driver’s life, they’ll inevitably experience road rage. Whether it’s screaming vulgarities, the middle finger, tailgating or aggression, being on the receiving end of road rage is jarring, and potentially dangerous.

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

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

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

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

Photo courtesy of Isabella Roesler and Anna Silverman.

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

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

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

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

THE NUMBERS

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

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

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

HOW CAN THIS STUDY BE USED?

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

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

Why Americans Think Crime Is Increasing

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

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

In Vox, Journalist Abdallah Fayyad offers theories on why politicians from both parties have sounded the alarm about rising crime.

THE TRUTH

In truth, the pandemic-era spike in crime actually seems to have subsided. The first three months of 2024 showed a historic decline in crime rates compared with the same period last year, according to the latest data from the FBI. Murder, for example, is down 26 percent, and robberies dropped 18 percent. Crime rates now look more like they did pre-Covid, steadily declining as they had been since the 1990s.

And yet, the majority of Americans still believe that crime is only getting worse. A 2023 Gallup poll showed that 77 percent of Americans believed that crime was increasing across the country. That might help explain why lawmakers have been overreacting to the short-lived rise. Many take a tough-on-crime approach to public safety. Their measures include imposing harsher penalties and increasing police surveillance.

So what could be driving the big, consistent gap between public perception and reality? Here are three theories:

1. FEARMONGERING CAUSED BY POLITICIANS

For decades, American politicians — and especially Republicans — have run political campaigns that put crime front and center, even when crime rates are on the decline. This style of campaigning dates back to the 1960s, when Arizona Sen. Barry Goldwater launched a “law-and-order” presidential campaign against Lyndon Johnson and used crime as a way to implicitly talk about race.

Republican presidents like Richard Nixon, George H. W. Bush, and Donald Trump all focused on urban crime as a way to stir up white suburban voters in particular. National media — especially opinion and commentary publications — also took the theory and ran with it. According to the Marshall Project, the country’s leading newspapers and magazines used the term “superpredator” nearly 300 times between 1995 and 2000, when crime had started to decline. The majority of times, the term was used uncritically.

“It’s a vicious cycle . . . There’s a latent concern about crime — it always sits there as a second-tier issue for voters. And if you play upon that as a politician, and you campaign and you really spark fear around the issue, you watch it grow as a top voting issue. That’s absolutely what happens.” ~Insha Rahman, vice president of advocacy and partnerships at the Vera Institute of Justice.

2. MEDIA COVERAGE OF CRIME DISTORTS REALITY

Media outlets dedicate entire sections to coverage of crime, making it a significant part of Americans’ news digest. Its constant coverage makes people feel like it’s a problem that never subsides. Today, there’s also the added layer of social media.

3. WHEN CRIME IS SENSATIONALIZED, AMERICANS CAN’T LOOK AWAY.

According to journalist Abdallah Fayyad, when crimes that might be relatively rare are given outsized weight in the media, people start to believe that they’re more common than they actually are. It also leads to a vicious feedback loop. Tough-on-crime politicians repeatedly talk about a case, media outlets cover it, and people become extremely interested in it. This encourages politicians to continue exploiting the case and more media coverage.

Take the case of Laken Riley, a 22-year-old nursing student who was killed earlier this year. The story played into Republicans’ narrative about immigration — Trump started his 2016 campaign talking about how people crossing the southern borders were criminals and rapists — because the alleged killer had entered the United States illegally. The case became so prominently featured in Republican campaigns that President Joe Biden mentioned it in his State of the Union address, after Republican Rep. Marjorie Taylor Greene confronted him about it.

Studies show, however, that immigrants aren’t more likely to commit crimes than native-born citizens. In fact, some studies show that immigrants might be less likely to commit crimes than people born in the US. But when one horrific incident like Laken Riley’s is sensationalized, it can quickly affect public opinion: One poll, for example, showed that the majority of Americans believe that migration is leading to more crime, despite all evidence that points to the contrary.

So while law-and-order campaigns feed off sensationalizing crime, they are often actually about something else: stirring up fear of a changing society.

CRIME WILL KEEP GETTING DISCUSSED AS A 2024 CAMPAIGN ISSUE

According to journalist Abdallah Fayyad, Trump has spent a lot of time talking about crime. despite falling crime rates, and he’s likely to bring it up during his debates with Biden. Regardless of where crime rates actually stand, the fact that so many people believe that crime is not only a serious problem but one that’s actively getting worse has resulted in Republicans and Democrats trying to prove their tough-on-crime bona fides. Even officials in the Biden administration, for example, have told progressives that they went “too far” on criminal justice reforms and that they should look for a more “sensible approach.”

But whatever candidates will say about combating crime, one thing is clear: Crime isn’t actually getting worse – even if the majority of Americans think it is.

Excellent reporting by journalist Abdallah Fayyad. 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.

Road Rage Shootings Have Surged

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Road Rage, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Jennifer Mascia on X: "Over the last decade the number of people shot in road rage incidents surged 450% @ByChipBrownlee and I report for @teamtrace: https://t.co/w5CapDp4ZN https://t.co/faBCQjqhU1" / X

Journalists Jennifer Mascia and Chip Brownlee report in The Trace that Road Rage shooting incidents have skyrocketed over the past decade. A new analysis finds an increase of incidents from 83 nationally in 2014 to 456 in 2023 — a nearly 450% jump.

The findings, from an analysis of Gun Violence Archive (GVA) data by gun violence newsroom The Trace, mirror a broader increase in gun-related violence. All told, angry drivers shot 3,095 people over that decade, or nearly one every day. One in four of those people — 777 — were killed.

Caveat: The GVA is a private non-profit that produces a range of gun violence estimates based on police reports, government data, news stories and more.

Law enforcement agencies do not release statistics on road rage shootings as a specific category of crime. But GVA tracks incidents in which someone in a car fires at a driver or passenger in another vehicle or brandishes a gun in a threatening manner. The close of 2023 marked the collection of 10 full years of data, and although not all gun-related road rage incidents make the news or are reported to police, GVA provides the most comprehensive picture of gun violence on the nation’s roads and highways.

Since 2014, gun-involved road rage incidents have more than doubled, and the number of victims killed or injured has increased more than fivefold, the data shows. When we looked specifically at shootings — incidents in which either a victim or suspect was shot — the increase is even more consistent. The number of road rage shootings tracked by GVA increased by an average of 23 percent each year over the past decade.

Road rage shootings are on the rise across the United States as drivers increasingly turn to firearms to vent their frustrations — with often tragic consequences.

Between 2014 and 2023, the number of people shot in road rage incidents surged more than 400 percent, from 92 to 481, according to a Trace analysis of data from the nonprofit Gun Violence Archive. All told, angry drivers shot 3,095 people over that decade, or nearly one every day. One in four of those people — 777 — were killed.

Law enforcement agencies do not release statistics on road rage shootings as a specific category of crime. But GVA tracks incidents in which someone in a car fires at a driver or passenger in another vehicle or brandishes a gun in a threatening manner. The close of 2023 marked the collection of 10 full years of data, and although not all gun-related road rage incidents make the news or are reported to police, GVA provides the most comprehensive picture of gun violence on the nation’s roads and highways.

Since 2014, gun-involved road rage incidents have more than doubled, and the number of victims killed or injured has increased more than fivefold, the data shows. When we looked specifically at shootings — incidents in which either a victim or suspect was shot — the increase is even more consistent. The number of road rage shootings tracked by GVA increased by an average of 23 percent each year over the past decade.

Someone was shot in a road rage incident on average every 18 hours in 2023, up from once every four days in 2014.

These shootings are happening in almost every corner of the country. Many are prompted by collisions or motorists cutting each other off in traffic, while the motivations for others aren’t always clear.

My opinion? Clearly, the number of guns in circulation continues growing as many states relax their gun control laws.  It’s possible that road rage incidents that otherwise would’ve been an exchange of middle fingers turn into shootouts. However, it’s also possible that self-defense could justify these actions.

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