Author: Kent Scheidegger

Retail Crime Survey

by · Oct 27, 2023 10:08 am

Surveys of crime are worth keeping an eye on, as they help compensate for a major deficiency in official crime statistics. The official stats are generally “crimes known to the police.”  These crimes are undercounted when people don’t bother to report the crimes, and the nonreporting rate tends to increase when policies are adopted that lead people to believe that the police won’t do anything if they do report.

The National Retail Federation has this report on its 2023 Retail Security Survey. Among the results reported are the metropolitan areas identified by retailers as most affected by organized retail crime:

Continue reading . . .

Crime in the United States and California

by · Oct 24, 2023 4:01 pm

Some years ago, we began tracking the trends in crime in California versus the country as a whole. California has been more aggressive than most states in the “criminal justice reform” movement, a euphemism for reducing the consequences of crime to criminals. See prior posts on the archive blog here and here. (See tech note below if you have difficulties.)

With the release of the 2022 national crime data (see this post), it seemed like a good time to update the data.

Graph of US v California Violent Crime

Continue reading . . .

LA Area Cities Protest Zero Bail Policy

by · Oct 17, 2023 3:40 pm

California’s Constitution has two sections on bail. Both of them begin “A person [shall/may] be released on bail by sufficient sureties” followed by some exceptions. The differences between the two have yet to be worked out (stayed tuned), but two things are clear. First, the Constitution requires “sufficient sureties” for release on bail. Second, own-recognizance release is allowed on a discretionary basis, clearly intended as a case-by-case determination.

The Superior Court judges for Los Angeles County have nonetheless decided that most arrestees will be released with no surety at all, i.e., zero bail, and without any individual determination that the individual arrestee is a suitable candidate for “OR.” Can’t let a little thing like the Constitution get in the way of the agenda.

There are 88 cities in this massive county, and some of them are deeply unhappy about this. Continue reading . . .

More Delay on Grants Pass

by · Oct 12, 2023 4:10 pm

See earlier posts here, here and here. This case involves a challenge to a Ninth Circuit decision that severely inhibits cities’ ability to do anything about people camping on its streets and in its parks. The petition to review the case is supported by two dozen amici curiae from across the political spectrum.

Today the Court granted the plaintiffs an extension to December 6 to file their opposition, despite their initial waiver of the right to file at all. That means that the conference of January 5, 2024, is the first realistic date for the Court to consider whether to take up the case.

Cases granted in January can still be heard and decided in the same term, but a few “relistings” of the case may put it off to next term. Continue reading . . .

Be Careful What You Ask For

by · Oct 4, 2023 1:55 pm

From August last year until last month, Alabama murderer Kenneth Eugene Smith waged a legal battle to require the state to use nitrogen hypoxia, not lethal injection, to execute him. He won. The U.S. District Court for the Middle District of Alabama issued this order on September 20.

The order notes, “In no fewer than two hearings before this Court, Plaintiff has confirmed that nitrogen hypoxia is his chosen and preferred method of execution.” The order says, “Defendants …  are permanently ENJOINED from executing Kenneth Eugene Smith by lethal injection. Sanctions will be swift and serious if this injunction is violated.” Because Alabama intends to carry out the execution by Smith’s preferred method, the court dismissed the case except for any proceedings to enforce the injunction.

So, the Alabama AG goes to the Alabama Supreme Court with a motion to set an execution date. You know what happens next, right? Continue reading . . .