Category: Politics

Prosecutors Taking a Dive

by · Oct 28, 2024 9:51 am

The Anglo-American system of justice has always depended on having adversarial advocates to present both sides of any controversy. But what happens when a prosecutor “takes a dive” and joins a convicted defendant’s efforts to overturn his conviction? U. Utah Law Professor Paul Cassell has this op-ed in The Hill on that subject. He focuses particularly on the Glossip case from Oklahoma presently before the Supreme Court, in which he represents the victim’s family. See this post.

This is not to say that confessions of error are always inappropriate. Sometimes they are the right thing to do. The problem arises when political or ideological considerations enter into the picture. There is a strong basis for suspicion that is happening in the Glossip case, where the AG’s investigator never even asked the trial prosecutor about the meaning of cryptic notes that lie at the heart of the present case. In other cases, there is no doubt at all. Continue reading . . .

Recall of East Bay DA

by · Oct 25, 2024 4:06 pm

The big news in “progressive” prosecutor elections is in Los Angeles, but northern California also has a race worth watching. The East Bay Times has this editorial endorsing the recall of Alameda County DA Pamela Price. (Alameda Co. is Oakland and a number of other cities on the east side of San Francisco Bay.)

It’s not surprising that Alameda County District Attorney Pamela Price has tried to shake things up. That’s what she promised in 2022 when she campaigned as a criminal justice reformer.

But her actions have gone far beyond reform. Price has punished opponents, hired allies with questionable credentials including her own boyfriend, insisted on disturbing leniency for violent criminals, undermined public disclosure laws, demonstrated prosecutorial bias about cases and even, it is now alleged, made racist comments and tried to extort money from a political rival.

The EBT is part of the same media group as the San Jose Mercury-News, which is definitely not a conservative paper.

If the recall succeeds, the county board of supervisors will choose a temporary replacement to serve until the next general election in 2026. Continue reading . . .

Drugs, Treatment, Jail, and Indirect Consequences

by · Oct 18, 2024 11:58 am

The folks in favor of so-called criminal justice “reform” are fond of simplistic slogans such as “treatment, not jail” for drug offenders. However, as this story by Julie Watts at Sacramento’s CBS 13 indicates, “reform” measures can sometimes undermine treatment rather than promote it. This is one more example of a primary cause of bad policy — failure to consider the indirect consequences and considering only the direct consequences.

Once upon a time, drug courts were a key element of criminal justice reform. These specialized courts provide an alternative to people arrested for drug crimes, either possession or low-level dealing. If they agree to treatment and follow through to completion of the program, the criminal charges will be dropped. As described in the story, many people credit these programs with savings their lives.

But what happens when the criminal penalties for low-level drug offenses are lowered so far that the incentive vanishes? Continue reading . . .

Free the Detergent!

by · Oct 2, 2024 5:08 pm

The San Diego Union-Tribune has this editorial, titled Endorsement: Yes on Prop. 36: Time to free the detergent.

The coming landslide win for Proposition 36 will be a triumph for truth over spin. The San Diego Union-Tribune Editorial Board has long supported criminal justice reform. But in real time, we saw the obvious flaws of Proposition 47 — the November 2014 measure that Proposition 36 is meant to fix. It changed many “nonviolent” felonies into misdemeanors in a ham-handed way that incentivized certain crimes.

Eleven months later, The Washington Post dispatched a reporter to San Diego who wrote an unforgettable account showing the incredulity of law enforcement over the new status quo: “instead of arresting criminals and removing them from the streets, their officers have been dealing with the same offenders again and again. Caught in possession of drugs? That usually means a misdemeanor citation under Prop 47, or essentially a ticket. Caught stealing something worth less than $950? That means a ticket, too. Caught using some of that $950 to buy more drugs? Another citation.

Nothing has changed since then — unless you count the emergence of a cottage industry determined to depict Proposition 47 as good no matter what. So store clerks say they’ve stopped reporting thefts because there’s no point? It’s a blip. So store owners are spending heavily to lock up more goods than ever, including detergent? There’s no proof that’s necessary — the corporations in charge have an agenda.

Manipulation of crime statistics, one of our favorite subjects, enters into the picture: Continue reading . . .

Musk Enters the DA Election Wars

by · Sep 13, 2024 12:10 pm

For some years now, George Soros has been spending a chunk of his fortune to buy district attorney seats in many cities by injecting a massive infusion of cash in support of a soft-on-crime candidate, often with deceptive ads. In Los Angeles last time, for example, ads for George Gascón touted him as the Democratic candidate, even though the race was nonpartisan and his opponent was a lifelong Democrat.

The good news is that another billionaire, Elon Musk, is weighing in on the other side, Joe Palazzolo and Dana Mattioli report for the WSJ. The bad news is that his first effort was a flop. Continue reading . . .

Notorious Rapist Paroled Under Prop. 57 as “Nonviolent Offender”

by · Sep 10, 2024 10:47 am

Dan Walters has this column at CalMatters:

Eight years ago, then-Gov. Jerry Brown hoodwinked California voters into making it easier for violent sex offenders to shorten their prison sentences.

A month ago, the 2016 ballot measure that Brown sponsored, Proposition 57, allowed one of the state’s most notorious serial rapists, Andrew Luster, to be granted parole after serving less than half of his 50-year prison term. Three weeks later the Legislature passed a bill to close the loophole in Prop. 57 that could allow Luster to be released.

When Brown proposed Prop. 57 to voters, he said it would benefit only those convicted of nonviolent crimes by allowing them to qualify more easily for parole.

“It’s well-balanced,” Brown said at the time. “It’s thoughtful.”

Continue reading . . .

Cal. Prop. 47 Fix Initiative Ahead Over 2/1

by · Aug 22, 2024 2:03 pm

U.Cal. Berkeley’s Institute for Governmental Studies has a poll taken early this month on three initiatives on that state’s ballot. The press release is here. Proposition 36 is a measure to fix some of the problems resulting from 2014’s Proposition 47. The poll shows Prop. 36 ahead by 56-23 with 21% undecided.

A landslide win would send a strong signal that the state’s voters are waking up to the reality that the claims that going soft on crime actually improves public safety are nonsense.

Early polls showing an initiative ahead generally need to be regarded with caution, as the late breaks in voting tend to be toward “no,” but this is such a strong lead that this tendency may not matter. Continue reading . . .

Walz Dithered While Minneapolis Burned

by · Aug 14, 2024 8:54 am

VP Harris’s choice of Minnesota Governor Tim Walz as her running mate has prompted examinations of his role in the Minneapolis riot of May 2020. Heather MacDonald has this op-ed in the WSJ, with the above title.

The protests included widespread looting and arson. Rioters then attacked the firefighters as they responded to the fires, further aggravating the damage. The police and their station house were also attacked.

Despite repeated requests from the mayor, Gov. Walz sent only a small contingent of the National Guard on the evening of the second day of rioting–too little, too late. Not until the fourth day did the Guard arrive in force. Continue reading . . .

Prop. 47 Damage Control Initiative on Cal. Ballot as Prop. 36

by · Jul 4, 2024 8:58 am

The Homelessness, Drug Addiction & Theft Reduction Act, a California ballot initiative to limit the damage from 2014’s disastrous, Soros-funded, Proposition 47, among other things, will be on the November ballot as Proposition 36. The Cal. Secretary of State released the ballot measure number list yesterday.

The initiative’s provisions are summarized in Section 2: Continue reading . . .

Portland Follow-Up

by · May 23, 2024 1:16 pm

Following up on Tuesday’s post on the Multnomah County District Attorney election, the Oregonian has called the race for challenger Nathan Vasquez over the Soros-backed incumbent Mike Schmidt. Vasquez’s margin is 8% on partial returns Wednesday afternoon and projected to be 5% in the final tally. “The Oregonian/OregonLive determined Schmidt has no statistical path to victory.” Continue reading . . .