Monthly Archive: April 2021

Dumping a Dishonest Precedent Less Than Honestly — Part I

by · Apr 30, 2021 3:56 pm

Last week the U.S. Supreme Court decided the case of Jones v. Mississippi, regarding the constitutional requirements to sentence an under-18 murderer to life in prison without parole (LWOP). The majority opinion claims to “carefully follow[] both Miller [v. Alabama] and Montgomery [v. Louisiana].” The dissent claims “the Court guts” both decisions. Neither statement is completely right. Neither could be, given that Montgomery contradicts both Miller and itself.

About all that is left of Montgomery is its bare holding that Miller is retroactive. That holding will soon be essentially moot, as nearly all the murderers who killed before their 18th birthday who qualify for reconsideration under Miller will either have had a new decision in their cases (see footnote 6 of Jones, last sentence) or have lost their right to seek it by delay. The holding stands like the chimney of a house that burned down, useless but still standing.

There is a certain poetic justice in Montgomery being largely relegated to the dustbin in a less-than-honest decision, as Montgomery itself is among the most dishonest decisions in recent Supreme Court history. Continue reading . . .

Mostly Peaceful BLM Protester Sentenced to Prison

by · Apr 30, 2021 10:59 am

The Black Lives Matter protests last year, characterized by the national media as “mostly peaceful”  and called “critically important” by then-Vice Presidential candidate Kamala Harris, regularly devolved into riots causing an estimated $2 billion in damages and at least 25 deaths. Joshua Rhett Miller of the New York Post reports that, at least in Minnesota, some of the rioters are receiving consequences for their crimes. On Wednesday, a federal judge sentenced 23-year-old Dylan Shakespeare Robinson to four years in prison and $12 million in restitution for helping to set fire to a Minneapolis police station during rioting on May 28, 2020. Three of his buddies, also caught by security cameras setting fire to the station, are awaiting sentencing. Robinson stupidly bragged about his involvement on Snapchat.
Continue reading . . .

Is Racism a Driving Force in Fatal Police-Citizen Encounters?

by · Apr 28, 2021 10:05 pm

In the aftermath of the police shooting of knife-wielding black teenager Ma’Khia Bryant (in the course of her attack on an unarmed black teenager), and of the Derek Chauvin verdict, President Biden made these racially fraught remarks to Congress tonight:

We have all seen the knee of injustice on the neck of Black America. Now is our opportunity to make real progress. Most men and women in uniform wear their badge and serve their communities honorably. I know them. I know they want to help meet this moment as well.  My fellow Americans, we have to come together. To rebuild trust between law enforcement and the people they serve. To root out systemic racism in our criminal justice system.

So what’s the truth here?  Was “systemic” (or other) racism the cause of the killing of either George Floyd or Ma’Khia Bryant?  And is there a wall of distrust between law enforcement and the people they serve?

Continue reading . . .

The Benefits of Sanctuary States

by · Apr 28, 2021 3:30 pm

Proponents of sanctuary city and state policies including non-political groups such as the Cato Institute have told us for years that prohibiting local police cooperation with federal  immigration authorities has no impact on crime.  But the question has to be asked, if local government policies prevent federal agents from deporting illegal aliens, including those being released from jail, do the crimes they commit actually have no effect on the crime rate?  I’m sorry but that does not make sense.   Josh Friedman if Cal Coast News reports that Mexican national Alfonso Alarcon-Nunez was sentenced to 50 years in prison for multiple rapes and burglaries he committed in 2017 and 2018 while working as an Uber driver in the seaside college town of San Luis Obispo.  Nunez had been previously deported, but slipped back across California’s border, got him self a state driver’s license and a job with Uber, where I’m sure they can’t ask applicants their immigration status.  He prayed mostly upon intoxicated college co-eds, raping at least five of them.   In 2018 SF Gate reported on the arrest of the “rideshare rapist,” illegal alien Lyft driver, Orlando Vilchez Lazo, for raping at least four women.  California is, of course, a sanctuary state.

Continue reading . . .

73% Spike in LA Shootings

by · Apr 28, 2021 11:54 am

The Los Angeles Police Department released first quarter 2021 data showing that shootings in the city have increased by by 73% compared to last year and homicides are up over 30%.  City News Service reports that more than half the shootings were gang related.  While vehicle thefts were up 20%, the Chief of Police was encouraged that the increase appears to have slowed compared to last month.  This comes as Fox News reports that six cities in Los Angeles County have passed no-confidence votes for District Attorney George Gascón, whose policies have restricted prosecutors under his authority from pursuing the full sentences allowed by law for gang members and violent criminals.  As of yesterday the cities of Lancaster, LaMirada, Whittier, Beverly Hills,  Pico Rivera and Santa Clarita have voiced opposition to Gascón.   The progressive DA has also ordered deputies to rescind prior sentencing enhancements in order to give roughly 20,000 convicted criminals the opportunity for early release.

Seeing the Light on Crime and Disorder

by · Apr 27, 2021 3:49 pm

The WSJ has this editorial:

A well-known politician on Friday denounced “self-described anarchists who engage in regular criminal destruction” and want to “burn,” “bash” and “intimidate.” He called for “higher bail” and “tougher pretrial restrictions” on rioters. And he pleaded with the public to cooperate with police and identify miscreants: “Our job is to unmask them, arrest them, and prosecute them.”

Donald Trump ? Sheriff Arpaio ? Nope.

Continue reading . . .

Sacramento DA to Run For CA Attorney General

by · Apr 27, 2021 11:44 am

Career prosecutor and twice elected Sacramento County District Attorney Anne Marie Schubert announced her candidacy for California Attorney General Monday (April 26).  Schubert, who as a Deputy formed the first cold case unit and served as its first prosecutor, pioneered DNA investigations which lead to the arrest and her office’s conviction of the Golden State Killer, who raped dozens of women and murdered at least thirteen across California roughly forty years ago.  A self-described tough-on-crime prosecutor, Schubert contrasted herself with newly appointed Attorney General Rob Bonta, a progressive former Assemblyman who has supported multiple pro-criminal measures which have flooded California communities with habitual criminals.

Continue reading . . .