Monthly Archive: July 2022

Time to Overrule Miranda?

Yes, there is hope.  I explain why in my Substack entry,  here.  As a teaser, my first two paragraphs are:

In an earlier entry, “Democracy Dies in Judicial Imperialism,” I noted the similarity between Roe v. Wade and Miranda v. Arizona. In each case, the Court treated the liberal elite’s view of law as if it were part of the Constitution, thus to insulate it from any input from that pesky hoi polloi sometimes known as “voters.”

Roe and Miranda are probably the two most important examples of the sort of obey-your-betters judicial imperialism I was talking about. Roe went down three weeks ago. In this entry, I ask whether it’s time for Miranda to follow it into history’s dustbin. To avoid any suspense, the short answer is yes — indeed it’s past time — but I have my doubts that this is going to happen any time soon, even with a Supreme Court, like this one, that takes the Constitution seriously, both for what it says and what it refrains from saying. I’ll explain momentarily why I think Miranda will be with us for a while despite a more disciplined Court.

Gascón Halts Notifying Victims of Parole Hearings

Reversing a decades old policy, the Los Angeles District Attorney’s Office will no longer let crime victims and their families know that the criminal who assaulted them or murdered their loved one is receiving a parole hearing.  Jason McGahan of Los Angeles Magazine reports that an email distributed to deputies on Tuesday announced that DA George Gascón feels that it is “not appropriate” for prosecutors to notify victims and next of kin of upcoming parole hearings.  This comes as Gascón also informed deputies that he will be closing down the “lifer unit,”  which argued on behalf of victims to oppose the parole of murderers sentenced to life in prison.   A spokesman for Gascón explained that informing victims or their surviving relatives can be traumatic, and that victims have a right not to be notified of their assailant’s parole hearing.

Continue reading . . .

Philly DA Protects Criminals While Skipping His Taxes

Philadelphia District Attorney Larry Krasner, boasts about the drop in prosecutions under his leadership while his city is setting records on homicides.  Last year, Philly, with a population of 1.6 million, had 562 homicides.  For perspective,  Los Angeles has population of 3.9 million and suffered 397 homicides in 2021.  Attorney Hans Bader, writing in Liberty Unyielding notes that the press seems to give Krasner, and other Soros-bankrolled progressive (read pro-criminal) district attorneys a pass.  In addition to implementing policies that have his office declining to prosecute criminals at two-and-one-half times the rate of his predecessor,  Krasner “owes the city $83,406.50 in back taxes, a story Big Trail published back on April 26th.  For more than two months now, the D.A. has held weekly press conferences typically on Mondays.  And not once has any reporter in  town had the guts to ask the D.A. when he was going to pay up.”

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Boudin Critic Appointed New SF DA

SF Mayor London Breed has appointed Brooke Jenkins to be the San Francisco District Attorney, filling the vacancy created by the recall of Chesa Boudin. Eric Ting had this article yesterday in the SF Chronicle based on an insider tip, and the official announcement was made today, as reported in this article from Bay City News.

The appointment is a short one, as a special election will be held concurrently with the November general election to fill the seat until SF’s odd election cycle comes around again in 2023.

Ms. Jenkins was a prosecutor in the office until last year, when she quit over Mr. Boudin’s policies and joined the recall effort. Heather Knight had this article at the time on her departure. She considers herself a progressive (it is SF, after all), but what she means by “progressive” is clearly much different than what Mr. Boudin means.

Continue reading . . .

In NYC Self Defense = Murder

Progressive Manhattan District Attorney Alvin Bragg has charged a 61-year-old bodega worker with second-degree murder for defending  himself against a habitual felon who attacked him.  Security video provided here by the New York Post shows  35-year-old parolee Austin Simon walk behind the counter and attack Jose Alba, knocking him down and threatening him.  Alba then grabbed a knife kept under the counter and fatally stabbed Simon.  Alba, who had no criminal record, was charged with murder and thrown in jail on $250,000 bail.  Simon’s girlfriend, who stabbed Alba in the arm during the attack, was not charged.

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A Great Day in LA

The committee working to recall LA DA George Gascón has this announcement:

For all the victims of George Gascon’s reckless policies. For all the families who have been robbed of justice. And for every law-abiding resident who just wants to feel safe.

George Gascon has got to go.

Today, we will take a major step towards making that a reality.

Join us TODAY at 1:45pm at the LA County Registrar of Voters. A large moving truck filled with all the signed petitions will be driven to the County Registrar, and delivered.

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CA Court Rejects Sentence Reduction Law

California’s Second District Court of Appeal has held a 2021 law (SB 567) signed last October by Governor Newsom, cannot require a judge to re-sentence an offender to a lower term.  The Metropolitan News Enterprise reports that the new law required trial courts to sentence a defendant to the the lower term if he/she “has experienced psychological, physical or childhood trauma,” that contributed to the commission of the offense.  The case involved the 2021 conviction of habitual felon Norman Salazar for confining his ex-girlfriend in a motel room and beating and torturing her for nearly twenty hours.  When Salazar took her to her bank to withdraw $3,000, the victim lifted her sunglasses to show the teller her black eye.  The teller called the police and Salazar was arrested.

Continue reading . . .

The Exoneration Hustle

Thomas Hogan has this article with the above title at the City Journal.

The headline is becoming more common: “Innocent Man Freed After Decades in Jail for Murder!” As a matter of statistical probabilities, it must be true that some innocent defendants are convicted. But experienced law enforcement officials are growing concerned that progressive prosecutors are freeing guilty murderers in their rush to enforce their own politics of decarceration and equity. A close look at how this exoneration hustle works is worth reviewing because the pattern becomes clear.