Crime & Consequences

Judicial Factfinding, Multiple Sex Offense Convictions and Consecutive Sentences

by · May 25, 2023 4:18 pm

Over a period of 10 months, Edgar Sandoval Catarino sexually abused his 9-year old cousin on multiple occasions.  He was charged with 8 counts of forcible lewd acts on a child under the age of 14 (Penal Code §288(a)) .  Each charge alleged an identical range of dates during which these offenses may have occurred.  A jury subsequently convicted him on 6 of the counts and the verdict also included the same range of dates alleged on each count, but did not further specify on what dates each of the crimes took place.  At sentencing, the court found that each conviction occurred on separate occasions and sentenced him to full, consecutive terms for each pursuant to Penal Code section 667.6(d).  Catarino argued that because the jury did not make specific findings that each of his convictions constituted separate incidents occurring on separate occasions, it violated his Sixth Amendment right to a jury trial.  The California Supreme Court rejected this argument and upheld his full, consecutive sentences this morning in People v. Catarino (S271828) Continue reading . . .

PA state police data shows no racial profiling in traffic stops: Study

by · May 25, 2023 12:35 pm

The question of racial bias in police traffic stops is a highly debated issue. Some analyses have shown that certain racial or ethnic groups are disproportionately represented in traffic stops, leading many people to allege racial profiling and discrimination. However, it is not accurate or fair to claim that all police traffic stops are inherently racist. Other factors can contribute to racial disparities in police stops, including differences in driving behavior, geographic location, and crime rates in specific areas. As more research is conducted on this topic, it becomes more apparent how much context and other factors can play a role in traffic stop decisions. For example,  research that adequately accounts for the impact of contextual and situational factors has found that racial disparities may not be as pronounced as previously thought, and that they are often explained by other factors unrelated to race.

This was the case in a recent study examining traffic stops in Pennsylvania, which found no evidence of racial profiling. According to the full-length report, the Pennsylvania State Police (PSP) stopped more than 440,000 drivers in 2022, 78.5% of whom white. In comparison, 14.4% were Black, and 8.2% were Hispanic. To conduct the study, the PSP partnered with Dr. Robin Engel and the National Police Foundation to ensure that the evaluation was independent and external to the department. Overall, these data should inspire public confidence in the police. It also suggests that PSP’s approach could serve as a promising model for other agencies.

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Judge Cancels Bail in Los Angeles

by · May 25, 2023 10:54 am

A Los Angeles County Superior Court Judge ruled last week that arrestees for non-violent felonies and misdemeanors must be released without bail.  CBS affiliate KCAL reports that Judge Lawrence Riff issued a preliminary injunction blocking judges from requiring bail for all but the most violent offenses.  The Jerry Brown appointee held that requiring bail for arrestees who cannot pay is a “serious constitutional violation.”  Among those who will be released without bail under this ruling are virtually all thieves, including car thieves, drug dealers, and most people who commit assaults, including domestic violence.  The Editorial Board of the Los Angeles Times praised the judge for bringing “back sanity in L.A.”  Did the Times miss the historic spike in crime that hit Los Angeles when bail was suspended in 2020?  That’s the same year that 56.4% of voters rejected zero bail (Proposition 25) at the November general election.

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SCOTUS Thursday

by · May 25, 2023 7:19 am

The U.S. Supreme Court has been issuing opinions only on Thursdays this month, with only orders lists on Mondays. That is a departure from past practice. The court issued three opinions today. It was a good day for landowners and homeowners, but no criminal cases.  One law-enforcement-related civil case was decided, but the issue was purely one of civil procedure. Continue reading . . .

New Circuit Attorney in St. Louis

by · May 24, 2023 1:05 pm

Last Friday, Missouri Gov. Mike Parson appointed Gabriel Gore as Circuit Attorney for St. Louis, replacing Kimberly Gardner, who resigned abruptly. Mr. Gore is a former Assistant U.S. Attorney, although his recent experience is in private practice. The announcement is here. Eric Heffernan and Katie Kull have this story in the St. Louis Post-Dispatch. Continue reading . . .

The Law According to King George

by · May 22, 2023 12:00 pm

In a surprising move announced Friday, progressive Los Angeles District Attorney George Gascon’s office will be charging the three Chicago gang members arrested for the murders of three women in Beverly Crest last January, with special circumstance first-degree murder and enhancements.  Brie Stimson of Fox News reports that nine people were shot on the morning of January 28 by what police characterized as an ambush.  The three women killed and the accused shooters were all from the Chicago area.   This announcement is unusual because, since his election, District Attorney Gascon has forbidden his deputies from charging special circumstances and enhancements against murderers and other violent offenders.

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SCOTUS Monday

by · May 22, 2023 7:06 am

The U.S Supreme Court issued a regular Monday order’s list today. No new cases were taken up for full briefing and argument. One civil case was summarily reversed.

We were disappointed that the court declined to take up the case of South Carolina murderer Quincy Allen, No. 22-490. CJLF had filed a friend of the court brief supporting the state’s petition. The case seemed to us to be a good vehicle for reconsidering a particularly egregious old precedent in which the court grafted a constitutional limit on to the Eighth Amendment because a majority of the justices thought it was a good idea, not because it has any basis whatever in the text or history of the Constitution. Continue reading . . .

The Difference A Good District Attorney Makes

by · May 17, 2023 12:21 pm

Following Manhattan District Attorney Alvin Bragg’s decision to prosecute an ex-Marine Daniel Penny for subduing a deranged habitual felon on the subway, who died from the chokehold, 50,000 people have donated to Penny’s legal defense fund.  Michael Lee of Fox News reports that the fund has received $2.5 million since Penney was charged with second-degree manslaughter last Friday.  Along with the contributions, many New Yorkers thanked Penny for taking action to prevent violence on the city’s crime-plagued subways.  “My daughter rides those subways, Keep them safe,” wrote one donor.  “I would have wanted you on the subway if I were there,” wrote another.  Bragg’s decision came after protesters including Al Sharpton and progressive politicians ranging from the New York’s Mayor, members of the  City Council, the state legislature, and members of Congress demanded that the white man who choked the black criminal, with over 40 arrests, be charged with murder.  A no-brainer for the Soros-bankrolled District Attorney.   On the other side of the country, in progressive San Francisco, the District Attorney was faced with a similar case.

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Supreme Court takes up prior conviction problem, again

by · May 15, 2023 3:50 pm

No criminal statute has taken up more of the U.S. Supreme Court’s time in recent decades than the Armed Career Criminal Act. As the name implies, sentencing under the act depends heavily on the extent of the defendant’s criminal career. The chronic headache comes from the fact that each jurisdiction defines crimes differently, and federal defendants prosecuted under the ACCA typically have multiple prior convictions in state court. Continue reading . . .

Banning Traffic Stops to Cure Racism

by · May 15, 2023 1:46 pm

Law enforcement groups are warning that cities across the country implementing policies to prohibit most traffic stops by police are going to result in a preventable increase in crime.  The New York Times reports that cities including Philadelphia, Pittsburgh, Seattle, Berkeley, Lansing, Mich, Brooklyn Center, Minn, and the State of Virginia have adopted such policies.  The City of Los Angeles is also considering having unarmed civilians enforce “safety related traffic violations,” such as speeding according to the LA Times.

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