Criminal Justice and Legal Careers. See our Criminal Justice Articles & ... Browse a criminal justice degree syllabus, learn about criminal justice ... Find Criminal Justice Schools. http://www.criminaljusticerecords.net 2012-02-22T18:10:22+01:00 text/html 2011-12-23T01:47:51+01:00 http://www.criminaljusticerecords.net http://www.criminaljusticerecords.net/general/10-justice-questions.html Let's start with the most controversial stuff. Why bow ties? I have difficulty tying the four-in-hand. The small part gets around in front. In your book Five Chiefs, you write about how you voted to reinstate the death penalty but would not now. Why? In 1976 those of us who were the critical voters in favor of upholding the death penalty understood that it would be applied in a very narrow set of cases--really outrageous crimes. And we also assumed there would be careful procedures in place that would minimize the risk of making mistakes. Over the years, the court expanded the category of cases in which the death penalty is permissible. And they modified some of the procedures that protected the defendant, like allowing victim-impact statements. Basically, they changed the rules. How do you feel about the Citizens United decision, which allows corporations to spend as much as they want on campaign advertising? I feel strongly that the court made a serious mistake in finding that money is the equivalent of protected speech. If followed out to its logical conclusion, that would have provided First Amendment protection to the Watergate burglars. They were financed with campaign expenditures. One in nine black men ages 20 to 34 in the U.S. is incarcerated. Is that a judicial-system problem? The use of mandatory minimum statutes has had a very adverse effect on the overall system, and I think generally, the so-called war on drugs has emphasized more-severe punishment than is appropriate throughout the country. There are some instances where penalties are so disproportionate that they could well violate the Eighth Amendment. If you could fix one thing about the American judicial system, what would it be? I would make all my dissents into majority opinions. Is there one in particular? I would change the interpretation of the Second Amendment. The court got that... text/html 2011-12-23T01:47:51+01:00 http://www.criminaljusticerecords.net http://www.criminaljusticerecords.net/general/a-different-type-of-justice.html An initiative in which I have taken part may serve as one instructive example, for it involves women and men across the country working to bring about restorative justice. Restorative justice seeks to establish right relationships between victims, perpetrators of crime and larger communities. It seeks healing for all parties. Janine Geske, a former Wisconsin supreme court justice, is director of the Restorative Justice Initiative of Marquette University Law School. Part of her work is to facilitate biannual restorative justice workshops in Wisconsin's maximum-security prisons. Since I have conducted research on restorative justice and have worked as a volunteer in the Massachusetts prison system, I was invited to participate in one of these three-day workshops, held at Green Bay Correctional Institution last April. Judge Geske's process centers on circle reflection, an adaptation of a Native American practice that aims to elicit transformative insight through honest, nonjudgmental conversation among participants. At this workshop there were 25 inmates, several women whose lives have been irrevocably changed as a result of crime and a number of law students from Marquette. On the first day, workshop leaders defined and explained the concept of restorative justice; then small groups discussed the harmful ripple effect a criminal act often creates. The focus was not only on the negative consequences of our harmful actions, but also on the responsibility we bear for them. Participants heard from three different crime victims: a mother whose son was killed by a drunk driver, the widow of a police offer slain in the line of duty and a wife and mother who had been abducted and raped at knife point. These speakers preferred to be called victim-survivors, to make clear that they are not confined to the passive role of victim-only. In their compelling stories, the women communicated some of the harm they and their... text/html 2011-12-23T01:47:51+01:00 http://www.criminaljusticerecords.net http://www.criminaljusticerecords.net/general/americans-express-mixed-confidence-in-criminal-justice-system.html Prior to the recent verdict in the Casey Anthony trial, Americans had middling confidence in the nation's criminal justice system. The plurality of Americans, 42% expressed "some" confidence in the system, while about equal numbers had a great deal/quite a lot (28%) or very little/none (29%). Date: July 11, 2011 PRINCETON, NJ -- Prior to the recent verdict in the Casey Anthony trial, Americans had middling confidence in the nation's criminal justice system. Twenty-eight percent interviewed June 9-12 said they had a great deal or quite a lot of confidence in the system, 42% had some, and 29% very little or none. The criminal justice system tied newspapers for 9th place on Gallup's 2011 Confidence in Institutions measure, out of 16 institutions rated. The 28% expressing high confidence falls almost halfway between confidence in the police (56%) and Congress (12%), although it is well below the exceptionally high levels seen for the military (78%) and small business (64%). Confidence in Criminal Justice System on High End of Trend While 28% high confidence is not a stellar rating for the nation's justice system, it is among the more positive ratings of it Gallup has recorded since first including it on the annual Confidence in Institutions measure in 1993. From 1993 through 1997, more than twice as many Americans expressed little or no confidence as expressed high confidence in the criminal justice system. This coincided with negative publicity for the police and the justice system stemming from the 1991 Rodney King beating and the acquittal of four officers in that case in 1992; broader criticism of racial profiling during this period; and, subsequently, Americans' mostly negative reactions to the 1995 "not guilty" verdict in the O.J. Simpson trial. Public attitudes toward the criminal justice system improved in 1998 and continued to do so through 2004, when high confidence... text/html 2011-12-23T01:47:51+01:00 http://www.criminaljusticerecords.net http://www.criminaljusticerecords.net/general/criminal-justice-caucus-hosts-conference-to-improve-those-impacted.html On Saturday, Columbia University School of Social Work's Criminal Justice Caucus hosted "Removing the Bars: A Skills-Based Conference on Criminal Justice" on Amsterdam Avenue between 121st and 122nd streets. Students, educators and representatives from service providers in social work attended the one-day conference. The Criminal Justice Caucus at Columbia University School of Social Work seeks to increase awareness about the prison system in America as it relates to social work, law, education, family structure and health. "We work to push the university and the School of Social Work to see the tremendous .impact that the criminal justice system has on the community," said Tanisha Douglas, co-chair of the caucus. "There is a need to train a new generation of social workers so that they can better deal with criminal justice issues." Over 25 speakers presented workshops at the conference on a variety of topics, including "Benefits and Voting Rights of Formerly Incarcerated People," "Mental Health and Substance Abuse Services for Adults and Juveniles," "Restorative Justice and Victims' Services," "Unique Issues of Lesbian, Gay, Bisexual and Transgender Youth in the Juvenile Justice System" and "Adults in Prison Systems Involved in the Criminal Justice System." Conference speakers came from several organizations, including the Children's Defense Fund of New York, Harlem Community Justice Center, Center for Comprehensive Care at St. Luke's Roosevelt Hospital, the Correctional Association of N.Y.-Juvenile Justice Project, Bronx Defenders and the Osborne Association. In addition to these workshops, the conference featured a panel of formerly incarcerated men and women. Jean Stevens, a CUNY law student, is an aspiring public defender. She was on her way to the "School to Prison Pipeline" workshop. "Right now, a lot of my work surrounds young students of color," said Stevens. "How schools are replicating the system -- I'm interested in knowing if they will discuss anything relating to... text/html 2011-12-23T01:47:51+01:00 http://www.criminaljusticerecords.net http://www.criminaljusticerecords.net/general/criminal-justice-system.html Our nation's criminal justice system is one of the greatest threats to civil rights that we face today. Today, 500,000 Black men are incarcerated, and one out of every six African American men has spent time in prison. In addition, Black women face the highest rate of incarceration -- an increase of 800 percent over 20 years. Not only have America's criminal justice policies been racially disproportionate, they have also resulted in billions spent on prisons at the cost of education. Earlier this year, the NAACP released Misplaced Priorities, a national report that shows how state spending on incarceration undermines educational opportunity across America. In the last two decades, state spending on prisons has increased six times more than state spending on higher education, as the burden of education costs shifts to working families. The report makes public what we have known for years: America is creating a generation that is both undereducated and over-incarcerated. The report also included research on the relationship between over incarceration and educational performance. In cities nationwide -- Los Angeles, Houston, Indianapolis, Philadelphia and New York -- the greatest public investment in certain communities was money spent on incarceration. Yet, in these same neighborhoods, schools that are deprived of funding are struggling academically. Mass incarceration is a result of rhetoric and policies that both Democrats and Republicans have pushed and embraced. Only strategies that cross ideological boundaries can be effective at reversing mass incarceration. For this reason, the NAACP joined forces with an array of unlikely allies -- including Newt Gingrich, former Republican speaker of the House; Grover Norquist of Americans for Tax Reform; and Mike Jimenez, president of the California Correctional Peace Officers Association -- for the launch of Misplaced Priorities. Fortunately, we have seen an increase in legislators willing to break from the ranks and support alternatives to incarceration.... text/html 2011-12-23T01:47:51+01:00 http://www.criminaljusticerecords.net http://www.criminaljusticerecords.net/general/justice-for-all.html In 1998, Anthony Porter was literally a dead man walking. He had been convicted of a 1982 double murder and was on Illinois' death row. Both the Illinois and U.S. supreme courts had turned away his appeals for a new trial, and he came within 48 hours of execution. However, in 1999, he was found innocent after the actual killer gave a videotaped confession to two journalism students of the Innocence Project (IP), which has a strong claim to be the most successful example of student activism since the Civil Rights Movement. The first IP was founded in 1992 by attorneys Barry C. Scheck and Peter J. Neufeld at Yeshiva University's Benjamin N. Cardozo School of Law. The original goal was to free people whose innocence could be proven using DNA. Today, there are more than 50 IPs and affiliates in more than 40 states, as well as in Canada, England, Australia and New Zealand. Most are connected with specific universities or law schools. Others, such as the Florida and Chicago IPs, are freestanding nonprofits that draw students from several schools. So far, IPs have helped free nearly 300 men and women who had served an average of 13 years for crimes they didn't commit. Seventeen were on death row. Though it was founded in New York City, the IP has probably had its largest impact in other jurisdictions. IP investigations have led to 42 exonerations in Texas -- the most of any state. Furthermore, IP students at Northwestern University played a critical role in prompting the State of Illinois to repeal capital punishment. "Overturning the convictions of 271 inmates is a real victory for fairness," said Dr. Steve Egger, who is on the board of directors of the Innocence Project of Texas (IPOT). Yet, "the greatest significance of the Innocence Projects has been... text/html 2011-12-23T01:47:51+01:00 http://www.criminaljusticerecords.net http://www.criminaljusticerecords.net/general/the-fight-for-justice.html IN THE LAST DECADE, the so-called threat of terrorism has been extensively used to justify the criminalization of both migrants and immigrants. This Conservative government has increased hostilities through an arsenal of legislative changes, integrated law enforcement and the militarization of borders. Also, Harper and Immigration Minister Jason Kenney have aggressively courted a base within settled immigrant communities, relying on punitive measures to ensure compliance and enforce assimilation. Immigration controls - such as deportation and detention - are an integral part of the punitive system. These measures subject migrants to repression, and keep immigrants 'in check' by distinguishing the 'deserving' from the 'undesirable'. In 2001, the Liberals replaced the 25-year-old regime with the Immigration and Refugee Protection Act (IRPA). Now, non-citizens who serve 6 months or more in prison for a violation of federal law can be deported and banned from Canada regardless of the length of time they've lived here. They are penalized once through the justice system and then again through the immigration system. This constitutes 'double punishment'. Canada's penal system forbids a defendant from being charged twice for the same crime and touts the principle of 'rehabilitation'. Yet, double punishment demonstrates that justice depends on someone's status and origin. The government's move to deport Dany Villanueva underscores the breadth of immigration law enforcement in immigrant lives. text/html 2011-12-23T01:47:51+01:00 http://www.criminaljusticerecords.net http://www.criminaljusticerecords.net/general/the-guilt-market.html Criminal snitches are a pervasive feature of the justice system that the public rarely sees. Every year thousands of offenders offer information to the government on street corners, in the back of police cruisers, in jails, and in courthouse offices. In exchange for the information, police and prosecutors tolerate those informants' crimes. Sometimes the informant avoids arrest altogether; in other cases, prosecutors reward cooperating defendants by filing lesser charges or seeking reduced sentences. Unlike traditional plea bargains, these deals often take place off the record, even as the information they generate is used to support warrants, arrests, and convictions. The use of criminal informants is most common in drug enforcement, which relies on snitching at every stage of the legal process, from investigations to arrests to plea bargaining to sentencing. Since drug cases constitute about one-third of all state and federal dockets, informants are critical to the day-to-day operation of the justice system. But the snitching model is not limited to the war on drugs. It has spread to street crime, white collar crime, terrorism, and Internet investigations. In short, the demand for helpful evidence has given rise to a massive underground marketplace in which government officials and suspects negotiate over criminal liability. These deals take place without the usual rules of record keeping, procedure, court oversight, and sometimes even defense counsel. All too often, the courts and the public never learn what offenses were committed or what deals were struck. Informants can be powerful crime-fighting tools, providing inside information about gangs, drug distribution, organized crime, corporate fraud, and political corruption. But the evidence offered by informants is notoriously unreliable. According to a 2004 study by researchers at Northwestern University Law School, more than 45 percent of wrongful convictions in death penalty cases were due to false informant testimony, making snitches "the leading... text/html 2011-12-23T01:47:51+01:00 http://www.criminaljusticerecords.net http://www.criminaljusticerecords.net/general/the-us-vs-barry-bonds.html A criminal court case, no matter the complexity of the charges, can typically be reduced to a single question. In the perjury trial of former Giants slugger Barry Bonds, which began on March 21 in a federal courthouse in San Francisco, that question would seem unambiguous: Did Bonds lie in 2003 when he told the BALCO grand jury that he did not knowingly take steroids? The case has dragged on so long, however, and the government has spent so much time and money (around $6 million, by one estimate), and investigators have displayed what has appeared to be such a fixation on nailing Bonds, that another question has emerged that the jury will be asked to consider: Is Barry Bonds a victim? It is a hard notion to wrap your head around. Many believe that Bonds, the surly home run king, almost certainly lied before the grand jury when he denied knowingly using performance-enhancing drugs, and that the government has ample evidence to prove it. Prosecutors possess a drug test showing that Bonds used one of BALCO's designer steroids along with Clomid, a fertility medication used to mask it. Three witnesses--Bonds's former girlfriend Kimberly Bell, his onetime teammate Bobby Estalella, and his longtime friend and former business manager Steve Hoskins--are expected to testify that Bonds discussed his PED use with them. Bell and others are also expected to talk about changes to Bonds's body that are consistent with someone on steroids or human growth hormone. Several former players who, like Bonds, were clients of trainer Greg Anderson are expected to testify that Anderson provided them with BALCO drugs and counseled them on how to use them. The players' testimony will undermine Bonds's assertion that he was unaware that Anderson was supplying him with PEDs. (Anderson has refused to testify at the trial and... text/html 2011-12-23T01:47:51+01:00 http://www.criminaljusticerecords.net http://www.criminaljusticerecords.net/general/wealthy-donors-seek-public-policy-changes.html John D. Arnold, a 37-year-old billionaire hedge-fund manager, and his wife, Laura, a lawyer, have chosen to support causes that sometimes can't be advanced fully without legislative action. That's why their $670-million Houston fund, the Laura and John Arnold Foundation, is paying for a mix of research and efforts to educate the public and policy makers about key issues affecting the criminal-justice, education, and pension systems. The Arnolds also say they plan to sometimes step in with personal contributions to support political activities. In Florida, they financed radio advertising this year to advance legislation to make changes to the state's pension system. (They declined to say how much). A law did pass, but it didn't include the sort of systemic changes the Arnolds support. The Arnolds have toyed with the idea of starting a separate advocacy organization, which doesn't face the same restrictions on political work as a private foundation, but they declined to say much more about that possibility. The couple, whom Ms. Arnold describes as Democrats "without strong political leanings," have hired a politically savvy Republican to run their foundation. He is Denis Calabrese, who served as chief of staff to Dick Armey, the Tea Party activist and one-time House majority leader. Ms. Arnold says neither she nor her husband have had clashes about politics or approach with Mr. Calabrese. "People ask all the time, Are you becoming some sort of right-wing organization?" says Ms. Arnold. "But really and truly, that hasn't been an issue." John and Laura Arnold are supporting a study to see if students at KIPP wind up achieving more than students who apply to the charter schools but don't gain entry.