Tag Archives: Mt. Vernon Criminal Defense

Can Police Use Deception To Extract Confessions?

Bellingham Defense Attorney, Interrogation, Mount Vernon Criminal Defense Attorney, police, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , ,

Apparently, the answer is “Yes.”

There’s an excellent article in NPR from journalist Meg Anderson saying that advocates are pushing for laws that effectively ban police from lying to suspects during interrogations. In every state, police officers are allowed to lie to adults during an interrogation. The hope, in many cases, is that they’ll get a person to confess to committing a crime.

BACKGROUND

When it comes to laws enforced by the justice system, we have an expectation of honesty, integrity, and transparency. However, police officers are legally empowered to use deception and other types of lies during interrogations.

This ability originates from the 1969 Supreme Court case Frazier v. Cupp, which ruled specific police lies were permissible. The case involved officers falsely telling the suspect that his associate had already confessed, leading the suspect to also confess. The Court said this lie alone was not enough to make the confession involuntary or violate his Constitutional rights.

Since then, no laws have established clear boundaries around what interrogation lies are appropriate versus unethical. Generally, police are legally empowered to:

  • Verbally make false statements about evidence
  • Momentarily lie about offense seriousness or punishment
  • Make unfulfillable promises of leniency for waiving rights
  • Lie about what others told them or what evidence reveals
  • Threaten charges against or harsher punishment for family members

Defense lawyers and civil rights advocates have raised increasing concerns about the prevalence of deception. The argument is that lying puts innocent people at risk of false confessions. However, prominent judges have argued that only coerced confessions through abuse or misconduct can be thrown out – not those involving lies alone. The ethics remain hotly debated.

“Police are trained around the country in all 50 states to use deception during interrogation, to lie both about the evidence against a suspect and to lie about the consequences of confessing in order to make it seem not so bad if you just say that you did these things.” ~Attorney Laura Niridier

Unfortunately, deceptive tactics can also draw false confessions. According to the Innocence Project, nearly a third of DNA exonerations from 1989 to 2020 involved a false confession. Legal experts say the deception bans passed in recent years fail to protect other vulnerable groups: young adults, people with intellectual disabilities, even just people who are naturally compliant.

A GROWING NUMBER OF STATES ARE PASSING LAWS THAT STOP DECEPTIVE TACTICS AT  POLICE INTERROGATIONS

Ten states have passed laws in recent years effectively banning police from lying to juveniles during interrogations, starting with Illinois in 2021. And some legal advocates are pushing for a deception ban that would apply to everyone, not just kids. Deception is a powerful law enforcement tool in eliciting confessions, says wrongful convictions attorney Laura Nirider.

WASHINGTON PROPOSED LEGISLATION TO STOP DECEPTIVE INTERROGATIONS

In Washington state, Democratic lawmakers want to set a higher bar: A bill that would make incriminating statements made in police custody – by adults or children – largely inadmissible in court if obtained using deception. State Rep. Strom Peterson has introduced the bill twice. However, the legislation hasn’t gone anywhere.

The Washington Association of Sheriffs and Police Chiefs said in a statement that it opposes such a measure, because banning deception would take away a tactic that yields “many more true confessions” than false ones.

“Criminals often conduct elaborate stories to conceal their crimes . . . Sometimes the use of deception is required to locate the truth both to convict and to exonerate people. Such deceptions include telling a person that abuse was discovered during a routine medical exam rather than reported by a family member.” ~James McMahan, Director of the Washington Association of Sheriffs and Police Chiefs

GIVING POLICE NEW TOOLS

Those against deception bans see them as an attack on police, says Mark Fallon, a consultant on interrogation practices and former federal agent. In fact, he says, it’s the opposite. There’s another way for police to question people, Fallon says, that relies on building rapport and asking open-ended questions, and where the primary goal is information, rather than a confession.

That technique is used in other countries, including much of Europe. In England, France, Germany, Australia, Japan and elsewhere, for instance, the police are generally not allowed to deceive suspects.

My opinion? Honestly, I’ve never seen a circumstance where a police officer intentionally lied or deceived a suspect during an interrogation in order to illicit a confession. I simply don’t see this technique happening in the police agencies I work with.

Nevertheless, it appears other law enforcement agencies outside of Whatcom and Skagit County use this questionable technique. Clearly, the problem with deceptive interrogation techniques is that it creates more deception. If discovered, the defendant’s confession is clearly corrupted by the lies used to bring it. Studies show that telling little fibs leads down a slippery slope to bigger lies. Our brains adapt to escalating dishonesty, which makes deceit easier. In those cases, a Motion to Suppress the corrupted/false interrogation may be appropriate.

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.

Can Artificial Intelligence Lead to Wrongful Convictions?

Artificial Intelligence, Bellingham Defense Attorney, Evidence, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Technology, Uncategorized, Whatcom County Criminal Defense, , , , ,

Image: (Kathleen Crosby/Innocence Project)

Photo Courtesy of Kathleen Crosby & The Innocence Project

The Innocence Project published a very insightful article describing how AI-based surveillance systems lack independent verification, empirical testing, and error rate data. These shortcomings lead to wrongful arrests and potentially wrongful convictions. More worrisome, there’s a disturbing readiness among some system actors, especially prosecutors, to accept AI-based evidence at face value. As a result, the eager acceptance of AI-based evidence mirrors the same flawed embrace of misapplied forensic science, which has contributed to numerous wrongful convictions.

BACKGROUND

The use of unreliable forensic science has been identified as a contributing factor in nearly 30% of all 3,500+ exonerations nationwide. Take bite mark analysis, for example. The practice was widely used in criminal trials in the 1970s and 1980s but is poorly validated, does not adhere to scientific standards, lacks established standards for analysis and known error rates, and relies on presumptive tests. It has since been discredited as unreliable and inadmissible in criminal trials due to its shortcomings. Still, there have been at least 24 known wrongful convictions based on this unvalidated science in the modern era.

ADMITTING SCIENCE-BASED EVIDENCE 

The 1923 Frye v. United States decision introduced the “general acceptance” standard for admissibility at trial. In short, the scientific technique must have expert recognition, reliability, and relevance in the scientific community to be “generally accepted” as evidence in court. Some state courts still apply this standard today. Also, the Daubert v. Merrell Dow Pharmaceuticals Inc. decision shifted the focus to evaluating the relevance and reliability of expert testimony to determine whether it is admissible in court.

In applying the Daubert standard, a court considers five factors to determine whether the expert’s methodology is valid:

  • Whether the technique or theory in question can be, and has been, tested;
  • Whether it has been subjected to publication and peer review;
  • Its known or potential error rate;
  • The existence and maintenance of standards controlling its operation; and
  • Whether it has attracted widespread acceptance within a relevant scientific community.

Under Daubert and Frye, much AI technology, as currently deployed, doesn’t meet the standard for admissibility. ShotSpotter, for example, is known to alert for non-gunfire sounds and often sends police to locations where they find no evidence that gunfire even occurred. It can also “significantly” mislocate incidents by as much as one mile. It, therefore, should not be admissible in court.

Similarly,  facial recognition technology’s susceptibility to subjective human decisions raises serious concerns about the technology’s admissibility in court. Such decisions, which empirical testing doesn’t account for, can compromise the technology’s accuracy and reliability. Research has already shown, for instance, that many facial recognition algorithms are less accurate for women and people of color, because they were developed using photo databases that disproportionately include white men.

My opinion? If we are to prevent a repeat of the injustices we’ve seen in the past from the use of flawed and untested forensic science, we must tighten up the system. Too many investigative and surveillance technologies remain unregulated in the United States.

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.

Federal Judge Upholds Washington’s Ban on Selling and Distributing At-Home Sexual Assault Kits

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Concerns over "Me Too" kits

In a press release, the WA Attorney General Office (AGO) reported a federal judge upheld Washington’s ban on selling and distributing at-home sexual assault kits under House Bill 1564. The federal court’s ruling dismisses a lawsuit brought by Leda Health, a Pennsylvania company that sells the self-administered kits for profit.

Washington State’s Law Banning “At-Home” Sexual Assault Kits.

House Bill 1564 went into effect in July 2023, after garnering overwhelming, bipartisan support from the state Legislature. The law prohibits the sale and distribution of sexual assault kits that are marketed or presented to collect “evidence” at-home or over-the-counter by anyone other than law enforcement or a health care provider.

Self-administered kits have multiple important differences from an exam conducted by a Sexual Assault Nurse Examiner. These professionals receive specialized training including:

  • Providing comprehensive care to sexual assault survivors, including prevention treatment for STIs and follow-up care,
  • Collecting evidence in a way that avoids cross-contamination,
  • Storing evidence to avoid contamination or spoliation, and
  • Maintaining a chain of custody for the evidence.

Leda Health’s “MeToo Kits.”

Formerly known as MeToo Kits, Leda Health says the company’s kits offer survivors an alternative if they feel unsafe or uncomfortable going to the police or a hospital. In its lawsuit, Leda argued that the state’s 2023 ban targets sexual assault survivors and violates First Amendment rights related to free speech and advertising.

However, U.S. District Court Chief Judge David G. Estudillo disagreed, ruling that the statute is “an economic regulation of the sale of a particular product,” not a regulation of speech.

“This is a legal victory for sexual assault survivors . . . By an overwhelming bipartisan vote, the Legislature adopted this state law that prevents companies from exploiting sexual assault survivors. Survivors should know that they are not alone — critical services to help them seek justice are available from trained medical professionals, at no cost.” ~WA Attorney General Bob Ferguson

Washington also sent a cease-and-desist order to Leda Health in 2022 that said the company’s advertising included “patently false” claims, including marketing that may lead survivors to believe the company’s kits are comparable to free state kits. Leda Health ended sales in Washington in response and hasn’t sold in the state since.

Why Are At-Home Sexual Assault Kits Are Inadmissible in Court?

Self-administered kits face numerous barriers to admission as evidence. These barriers include  concerns about cross-contamination, spoliation, validity, and chain of custody.

Importantly, self-administered kits are not eligible for submission to the Crime Lab. Therefore, any DNA collected would not be entered into CODIS, a national DNA profile database that national, state and local law enforcement use to identify repeat offenders, build leads, and track evidence.

In its press release, the AGO’s office said survivors have the right to have an advocate or personal representative with them during an exam. Survivors do not have to make a decision about talking to law enforcement or reporting a crime in order to obtain a SANE exam. State law requires unreported sexual assault kits be transported to local law enforcement and stored for 20 years from the date of collection.

“Timely forensic examinations by a trained provider represent the best chance to preserve evidence if a survivor chooses to move forward with reporting the assault and criminal investigation.” ~Press Release, AGO’s Office.

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.

Leave Your Neighbor’s Campaign Sign ALONE

Bellingham Defense Attorney, Malicious Mischief, Mount Vernon Criminal Defense Attorney, Political Signs, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

Tis the season: Vandalism and theft of political signs back again | Local News | latrobebulletinnews.com

The 2024 general election is less than a month away.  By now, you’ve probably seen at least a few yard signs endorsing someone’s preferred candidate, and even more will likely pop up as the election approaches. Political polarization is peaking online and in our communities.

But what if someone sees a yard sign they disagree with and takes it down? Is that protected political expression or destruction of someone else’s property?

While some might view taking down or defacing yard signs as an act of civil discourse or political activism, the law is clear on the issue: Theft or vandalism of political signs is a crime in all 50 states. Trespassing on private property is also a punishable offense in every state.

WASHINGTON’S LAW REGARDING THE THEFT OR DEFACING OF POLITICAL YARD SIGNS

State law addresses the exact topic in RCW 29A.84.040. It is a misdemeanor to “[remove] or [defaces] lawfully placed political advertising” without permission. In Washington, misdemeanors can be punished by up to 90 days in prison or a fine of up to $1,000, and in some cases can carry both a sentence and a fine. The statute includes yard signs – the law mentions them specifically – and each yard sign taken down is considered a separate violation.

Additionally, violators face Criminal Trespass and/or Malicious Mischief charges, which are also misdemeanors. Criminal Trespass refers to intentionally entering someone else’s private property without their permission. Malicious Mischief refers to Knowingly and maliciously causing physical damage to the property of another.

POLITICAL YARD SIGNS ARE FIRST AMENDMENT FREE SPEECH

The right of a property owner to post signs representing their political beliefs is one that is rooted in the First Amendment, which protects every citizen’s right to freedom of expression. Generally, yard signs have proven to be an easy and inexpensive way to participate in public debate, and the courts have recognized the protected form of expression as such.

It is believed that the first political yard sign in American politics dates back to John Quincy Adams’ presidential run in 1824. The current wire-framed version of political lawn signs originated in the 1960s. However, the concept of political signage can be traced all the way back to Ancient Rome.

Increased theft and vandalism of political signs has prompted some property owners to attempt to catch trespassers by installing cameras such as security cameras, smart video doorbells, or trail cams. The footage is being used to shame people online and also helps law enforcement track down offenders.

Stealing or defacing political lawn signs is a terribly embarassing criminal conviction. Please contact my office if you, a friend or family member are charged.  Hiring an effective and competent defense attorney is the first and best step toward justice.

“If I am a suspect, then I want an attorney.” Clear Or Unclear Request For Counsel?

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Photo Courtesy of CCSNLUJ

In State v. Gardner, the WA Court of Appeals held that if a suspect makes an unequivocal request for an attorney predicated on a condition (here, “if I am a suspect, then I want an attorney”) it is a conditional invocation which the police must respect and the interrogation must cease pursuant to Miranda.

FACTUAL BACKGROUND

Mr. Gardner was a suspect in a homicide. He was contacted by police. They handcuffed Gardner, placed in the back of a patrol vehicle, and read his Miranda rights.  Gardner told a detective that if he was a suspect, he wanted an attorney. Although police admitted that Gardner was a suspect at the time he made this statement, they did not end the interrogation or provide Gardner with an attorney.

At trial, the judge denied Gardner’s motion to suppress evidence from the subsequent interrogation and concluded that Gardner’s request for an attorney was equivocal. As a result, Gardner’s recorded interview was admitted as evidence. He was found guilty of first degree murder, second degree assault, first degree unlawful possession of a firearm, and felony harassment.

On appeal, Mr. Gardner argues that the trial court violated his Fifth Amendment rights when it denied his motion to suppress his interview because detectives continued questioning him after he unequivocally requested counsel.

COURT’S ANALYSIS & CONCLUSIONS

Ultimately, the WA Court of Appeals (COA) agreed with Mr. Gardner:

“Gardner’s request for an attorney was conditional, not equivocal. Since law enforcement knew that the condition was met, they should have ceased the interrogation until Gardner was provided an attorney or reinitiated contact.” ~WA Court of Appeals

The Court reasoned that the Fifth Amendment protects against self-incrimination. Accordingly, law enforcement officers are required to give Miranda warnings where an individual is subjected to custodial interrogation. Prior to being subjected to custodial interrogation, Miranda requires that an individual must be informed of their right to remain silent and their right to an attorney. If a suspect requests an attorney, law enforcement must stop all questioning until an attorney has been provided or the suspect reinitiates talking on their own.

However, once a suspect waives his Miranda rights, only an unequivocal request for an attorney requires law enforcement to cease questioning. The request for counsel must be sufficiently clear that a reasonable officer would know that Miranda has been invoked.  Conversely, a request that is ambiguous or equivocal, such that a reasonable officer under the circumstances would understand that the suspect might be interested in obtaining an attorney, does not require the officer to cease questioning.

Under that analysis, the COA issued its ruling:

“Here, Gardner told law enforcement that if he was a suspect, he wanted an attorney when he was taken in for questioning on June 13. Gardner was in fact a suspect at that point. This was a conditional request—if this, then that. There was nothing ambiguous about this request. Gardner was unsure whether he was a suspect, but if he was, he wanted an attorney. Law enforcement knew that the condition had been met because they knew that Gardner was a suspect. Because law enforcement knew that the condition had been met, Gardner’s statement was a clear invocation of his right to counsel.” ~WA Court of Appeals

The COA further conclude that the State failed to meet its burden of showing that the constitutional error was harmless beyond a reasonable doubt. Thus, the COA reversed Mr. Gardner’s guilty convictions and remanded his case for a new trial.

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

Is The Test Tube Vial Containing Your DUI Blood Test Expired? Doesn’t Matter. Still Admissible.

Bellingham Defense Attorney, Blood Test, DUI, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , ,

EXPIRED BLOOD TUBES! Are expired... - Awanui Veterinary | Facebook

In Kanta v. Dept. of Licensing, the WA Court of Appeals decided an important case regarding blood test evidence preserved in test tube vials. Specifically, it addressed the issue of whether blood draw evidence is admissible even if (1) blood is drawn prior to a test tube vial’s expiration date, and (2) the blood test analysis occurred after the vial’s expiration date.

Some background is necessary. Blood collection tubes used in DWI cases are glass tubes/vials which are partially evacuated of air. These tubes/vials contain a preservative and anticoagulant (blood thinner).  The vacuum of the tube allows for the blood sample to be drawn into the tube. If there was no vacuum, the tube would not be able to draw the blood sample.  Thus, an expiration date is placed on the tube label.

FACTUAL BACKGROUND

Mrs. Kanta was arrested for DUI in July 2021. Shortly after her arrest, a phlebotomist drew a sample of Kanta’s blood which was sent to a laboratory for analysis. The laboratory tested Kanta’s blood for alcohol in May 2022. In September 2022, the lab issued a report stating that Kanta’s blood sample contained 0.18% alcohol. In November 2022, the Department of Licensing (DOL) suspended Kanta’s driving license. Kanta contested the suspension, arguing that because the vial used to store her blood expired in November 2021, the blood was not properly preserved and therefore did not comply with the Washington Administrative Code (WAC). A hearing examiner rejected Kanta’s argument and affirmed the suspension.

Kanta appealed to the superior court. The superior court found that substantial evidence supported the hearing examiner’s conclusion that the blood test complied with the necessary criteria, and was therefore properly admitted. Kanta appeals to the WA Court of Appeals, arguing that the hearing examiner erred in admitting the results of her blood test into evidence because the vials were expired at the time of testing. As such, Kanta argues, the superior court erred in affirming the suspension of her license.

COURT’S ANALYSIS & CONCLUSIONS

Ultimately, the WA Court of Appeals agreed with the superior court and the DOL.

The Court reasoned that WAC 448-14-020(3) provides that blood samples must be placed in a “a chemically clean dry container consistent with the size of the sample with an inert leak-proof stopper,” and “must be preserved with an anticoagulant and an enzyme poison sufficient in amount to prevent clotting and stabilize the alcohol concentration.” Furthermore, the code explains that “suitable preservatives and anticoagulants include the combination of sodium fluoride and potassium oxalate.”

“Kanta does not take issue with the procedures involving the reporting or analysis of her blood,” said the Court of Appeals. “Rather, she confines her complaint to the manner in which her blood was stored prior to testing because although the tubes had not yet expired at the time her blood was collected and placed inside the tubes, they expired roughly four months after collection and her blood was not tested for another six months after that.”

Here, the DOL presented three exhibits to the hearing examiner: a certificate of compliance for the blood collection tube used, the report from law enforcement, and a credential verification from the Department of Health. The Court of Appeals gave much weight to the significance of the certificate of compliance:

“The certificate of compliance establishes that the tube used in Kanta’s blood sample met the necessary requirements for preservatives and anticoagulants. According to the certificate of compliance, the tube used in Kanta’s blood test contained 18 to 23 milligrams of potassium oxalate and 90 to 115 milligrams of sodium fluorite. The certificate also established that the tubes were certified to be sterile and complied with manufacturing regulations.” ~WA Court of Appeals

Furthermore, the arresting officer’s police report stated that “prior to providing this blood kit to the phlebotomist I checked to make sure that the tubes were in good condition, were not expired, and that the white preservative anticoagulant powder was present in the tubes.”

Next, the Court of Appeals bluntly addressed the issue of whether a person’s blood must be tested prior to the expiration of the test tubes holding the blood:

“Kanta focuses all of her arguments on the admissibility of her blood test. The WAC does not require that the blood in the test tubes be tested prior to the expiration of the tubes. As we note above, once the DOL satisfies its initial burden of producing prima facie evidence establishing that the test complied with the code, the test results are admissible.” ~WA Court of Appeals (emphasis supplied).

My opinion? The Court of Appeals issued a rather narrow, cut-and-dried opinion which was strictly conscripted to the WAC. Obviously, the WAC must be changed to require that blood be tested prior to the expiration of blood vials/tubes. Expired blood test vials can lead to inaccurate results, especially for coagulation testing. This is because expired tubes may have lost their sterility or vacuum, or contain an anticoagulant that is no longer effective. Additionally, if a tube is used past its expiration date, the vacuum may not be able to draw enough blood to fill the tube, which can lead to short-filled tubes that are not suitable for testing.

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.

2024 Brings Massive Reduction in Drug Overdose Deaths

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Fewer US overdose deaths were reported last year, but experts are still cautious
Excellent article in NPR by news correspondent Brian Mann indicates 2024 is seeing a massive dropoff in drug overdose deaths. For the first time in decades, public health data from the CDC already shows an unprecedented decline in drug deaths of roughly 10.6 percent. That’s a huge reversal from recent years when fatal overdoses regularly increased by double-digit percentages.

“In the states that have the most rapid data collection systems, we’re seeing declines of twenty percent, thirty percent,” ~Dr. Nabarun Dasgupta, an expert on street drugs at the University of North Carolina.

According to Dasgupta’s analysis, the drop in state-level mortality numbers corresponds with similar steep declines in emergency room visits linked to overdoses. In many states, the sudden drop in drug deaths stunned some observers who lived through the darkest days of the fentanyl overdose crisis.

RAW DATA

  • Deaths in King County, Washington, linked to all drugs have dropped by 15 percent in the first half of 2024. Fatal overdoses caused by street fentanyl have dropped by 20 percent.
  • Overdose deaths in Ohio are down 31 percent. Ohio is now in the ninth consecutive month of a historic and unexpected drop in overdose deaths.
  • Overdose deaths in Missouri have now fallen roughly 34 percent in the second quarter of 2024.

DESPITE THE “GOOD NEWS,” DRUG OVERDOSE DEATHS PERSIST

After years of wrenching drug deaths that seemed all but unstoppable, some researchers, front-line addiction workers, members of law enforcement, and people using street drugs voiced caution about the apparent trend. Roughly 100,000 deaths are still occurring per year. Street drug cocktails including fentanyl, methamphetamines, xylazine and other synthetic chemicals are more poisonous than ever.

But most public health experts and some people living with addiction told NPR they believe catastrophic increases in drug deaths, which began in 2019, have ended, at least for now. Many said a widespread, meaningful shift appears underway.

WHAT INTERRUPTED THE DRUG OVERDOSE DEATH TREND?

  • Many people using fentanyl now carry naloxone, a medication that reverses most opioid overdoses.
  • Rapid improvements in the availability and affordability of medical treatments for fentanyl addiction.
  • More funding for addiction treatment and healthcare services, especially in Black and Native American communities where overdose deaths remain catastrophically high.
  • Fentanyl may be harder to find and less pure in some areas because of law enforcement efforts targeting Mexican drug cartels.
  • The chemical xylazine is also being mixed with fentanyl by drug gangs. While toxic in humans, causing lesions and other serious long-term health problems, xylazine may delay the onset of withdrawal symptoms in some users. Dasgupta said it’s possible that means people are taking fewer potentially lethal doses of fentanyl per day.
  • The end of the COVID pandemic, combined with the high number of people who have already died from drug overdoses.

My opinion? Quite often, drug addiction & homelessness go hand in hand. At times, drug use can temporarily provide a brief reprieve to the challenges of homelessness. For others, the mere stresses of life can make everyday, tax-paying citizens seek drugs and alcohol to self-medicate.

Many people don’t understand why or how other people become addicted to drugs. They may mistakenly think that those who use drugs lack moral principles or willpower and that they could stop their drug use simply by choosing to. In reality, drug addiction is a complex disease, and quitting usually takes more than good intentions or a strong will. Drugs change the brain in ways that make quitting hard, even for those who want to.

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.

Study: Bail Reform Does Not Increase Crime

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A new study found no significant relationship between bail reform and crime rates. The study debunks the notion that bail reform led to the mid-pandemic spike in violent crime. The report, published by the Brennan Center, analyzed monthly crime data from 2015 through 2022. It included 22 cities that adopted bail reform and 11 cities that did not. Researchers looked at all major offenses across jurisdictions and then at specific types of crime.

The study also examined the impact of reforms according to whether they were implemented through legislation, court order, or changes in prosecutorial policy. Finally, the study focuses on cities where research shows reforms had large effects on how and when bail was set.

BACKGROUND

More than a dozen jurisdictions across the country have curtailed the use of money bail over the past decade. But after violent crime rose sharply in the first year of the Covid-19 pandemic, many politicians, police leaders, and pundits were quick to blame bail reform. Claims that bail reform undermines public safety ultimately led to a series of rollbacks. This study tested those claims.

“Ultimately this report finds no statistically significant relationship between bail reform and crime rates. In other words, there is no reason to believe that bail reform has led to increased crime. This holds true even when focusing on major policy changes that have drawn public scrutiny, like those in New York and New Jersey.” ~Bail Reform & Public Policy Study

Even after testing different types of reform, researchers still found no evidence to support a connection between bail reform and the uptick in crime since the pandemic.

In 2020, homicides surged 29 percent for the biggest one-year jump in FBI records. While some pointed the finger at bail reform, some experts suggested the massive disruption of the pandemic, gun violence, worries about the economy and intense stress were to blame. Fortunately, violent crime has been decreasing since 2022. FBI statistics released in June showed violent crime dropped considerably in the first few months of this year.

My opinion? The study’s findings add to a growing body of literature showing that bail reform is an unlikely explanation for recent trends in crime, whether increases or decreases. And they suggest that policymakers’ recent focus on weakening bail reforms as a response to crime has been misguided — and a distraction from smarter and more promising ways to enhance public safety.

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

When Victims Are Charged As Accomplices To Crimes

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Photo courtesy of study.com

What happens when crime victims are prosecuted as accomplices to their abuser’s criminal conduct? A recent Marshall Project investigation found survivors of domestic violence and sexual offenses are particularly vulnerable to prosecution because of the control their abusers hold over them.

THE PROBLEM

Even if a person does not directly commit a crime, they can still be punished for it. That’s because every state in the U.S. – including WA State – has a version of “accomplice liability.” These are laws that allow someone to be punished for assisting or supporting another person who commits a crime. In some cases, accomplice liability is prosecuted on victims even if their participation is under the threat of violence.

In some states, it does not legally matter if a person helped with a crime because they were threatened with death or feared physical violence. As a result, evidence of domestic abuse may not be considered relevant. In other cases, a survivor’s history of abuse may be used to justify their punishment.

THE NUMBERS

A study of 72 women serving life in Michigan prisons found 60% were there for a murder they didn’t commit. Most of those crimes were connected to a man they had a relationship with. In a different survey of people serving time for murder or manslaughter in women’s prisons, 13% of the respondents said they had been convicted for a crime committed with their abuser.

Reviewing court documents, the Marshall Project found nearly 100 cases where prosecutors charged a person (almost always a woman) for supporting, taking part in or failing to stop a crime by their alleged abuser. The cases include a woman who is in prison because her boyfriend severely beat her child, even though she wasn’t home at the time. In another instance, a woman helped her abuser sell stolen goods after a murder because, she said, she was afraid he would kill her.

POSSIBLE SOLUTIONS

Lawmakers and advocates for survivors say there are two ways to tackle the problem. The first would be to limit accomplice liability so fewer people can be charged using those laws. Another approach some states have taken is to rethink how domestic violence victims are sentenced. New York’s Domestic Violence Survivors Justice Act, passed in 2019, allows judges to depart from mandatory minimums when sentencing (or resentencing) survivors. According to the Survivors Justice Project, which works to free victims of domestic violence from prison, 64 people have been resentenced in New York after filing applications.

DEFENSES AT TRIAL

In WA State, Duress is a substantive defense to criminal charges, including accomplice liability. The Duress defense exists if (1) The defendant participated in the crime under compulsion by another who by threat or use of force created an apprehension in the mind of the defendant that in case of refusal the defendant or another person would be liable to immediate death or immediate grievous bodily injury; (2) such apprehension was reasonable upon the part of the defendant; and (3) the defendant would not have participated in the crime except for the duress involved.

Please contact my office if you, a friend or family member are charged as an accomplice to a crime. Duress might be an available defense. Hiring an effective and competent defense attorney is the first and best step toward justice.

Is Today’s Marijuana Too Strong?

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Photo Courtesy of Emily Zaboski/Daily Free Press Staff

Excellent article in the Atlantic by Malcolm Ferguson reports that marijuana users are realizing marijuana has become noticeably stronger. A drug they once turned to for fun and relaxation now triggers existential dread and paranoia.

In 2022, the federal government reported that THC — the psychoactive compound in weed that makes you feel high—had more than tripled compared with 25 years earlier, from 5 to 16 percent. That may understate how strong weed has gotten. Walk into any dispensary in the country, legal or not, and you’ll be hard-pressed to find a single product advertising such a low THC level. Most strains claim to be at least 20 to 30 percent THC by weight; concentrated weed products designed for vaping can be labeled as up to 90 percent.

For the average weed smoker who wants to take a few hits without getting absolutely blitzed, this is frustrating. For some, it can be dangerous. In the past few years, reports have swelled of people, especially teens, experiencing short- and long-term “marijuana-induced psychosis.” The consequences include hospitalizations for chronic vomiting and auditory hallucinations of talking birds. Multiple studies have drawn a link between heavy use of high-potency marijuana, in particular. The development of psychological disorders, including schizophrenia, have increased.

WHY HAS MARIJUANA POTENCY INCREASED SO MUCH?

The simplest explanation for this is that the casual smokers  aren’t the industry’s top customers. Serious stoners are. Regular users tend to develop a high tolerance, and their tastes drive the industry’s cultivation decisions. The industry is not shy about this fact.

My opinion?The history of drug enforcement in America was long one of discriminatory, draconian enforcement. But the shift toward legal weed has tacked too far in the opposite direction. If marijuana is to be sold legally, consumers should know what they’re buying and have confidence that someone is making sure it’s safe.

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