The Push Back on Progressive DAs

Over the past two election cycles rich white liberals, such as George Soros, have pumped millions into passing ballot measures, and electing political candidates, including district attorneys that will reduce sentences for criminals, restrict prosecutions and essentially empty out jails and prisons based upon the myth of over-incarceration.  The expressed motive behind this fiction is that consistently enforced laws against crime and increased sentences for repeat offenders is racist.  The proof:  blacks and Hispanics, which commit crime at higher levels that other races, are more frequently arrested, prosecuted and incarcerated than other races.  Their narrative leaves out the which commit crime at higher levels part, and so does most of the national media.  But to sell a lie over a long period of time, one must prevent the majority from finding out the truth.  Today’s Wall Street Journal provides a case in point.  The powerful Democratic City Committee in Philadelphia has voted not to endorse progressive District Attorney Larry Krasner’s reelection this year.

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CJLF to Participate in Oral Argument Before Cal Supreme Court

CJLF Legal Director Kent Scheidegger will be delivering oral argument remotely to the California Supreme Court Tomorrow morning (April 7) at 9:00 am.

The argument will be live streamed at this link:  https://www.courts.ca.gov/35333.htm

The name of the case is In re Friend (Jack Wayne) on Habeas Corpus, S256914.

This will be the first case argued tomorrow and you should be able to click on it to watch it occur.
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No City Is Bad Enough to Deserve Marilyn Mosby

Marilyn Mosby is the State’s Attorney for Baltimore, known as “Charm City” less for its charm (which to be sure is there) than for its rampant violent crime.  Ms. Mosby is perhaps best known for her astonishingly incompetent prosecution in the Freddie Gray case, in which she indicted six police officers for their alleged role in the death, in police custody, of Gray, a small-time drug dealer.  While there was at least an arguable case for criminal liability for some of the officers involved, Ms. Mosby pulled off the amazing feat of failing to win a conviction on a single count against a single officer.

Undeterred, Ms. Mosby  —  who was a “progressive prosecutor” before progressive prosecutors were cool  —  has now launched a program to further corrode the already dicey daily life in Baltimore by, through prosecutorial fiat, de-criminalizing crime.  My friend Sean Kennedy, a visiting fellow at the Maryland Public Policy Institute, has details on the sad story, and the boatload of liberal deceit surrounding it.  With his permission, I repeat his abundantly researched piece below.

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Why the Surge in Violent Crime?

Hat tip to Prof. Doug Berman for this post, “Detailing ‘perfect storm’ of factors that may account for increase in violent crime.”  As it notes:

Sixty-three of the 66 largest police jurisdictions saw increases in at least one category of violent crimes in 2020, which include homicide, rape, robbery, and aggravated assault, according to a report produced by the Major Cities Chiefs Association. Baltimore City, Baltimore County and Raleigh, North Carolina, did not report increases in any of the violent crime categories.

If Baltimore did not report any increases, that has to mean that whatever reporting mechanism Baltimore was using was stolen in the crime spree.

But I digress.  The obvious question is, what brought about the surge in violent crime?

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Los Angeles District Attorney George Gascón Restricts Ability to Prosecute Dangerous Criminals

In a Tweet yesterday LA County Sheriff Alex Villanueva stated, “While gang members are busy driving up LA County’s homicide rate, LA DA @GeorgeGascon is now dismantling the Hardcore Gang Unit that works in collaboration with local law enforcement”. An article in the Washington Examiner today by Jake Dima brings to light statements made like the one by Sheriff Villanueva and other prosecutors that oppose the so-called reform policies being enacted by LA County DA Gascón. 

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Justice Alito Warns of Loose Canons of Interpretation

Today was decision day at the U.S. Supreme Court. No criminal cases were decided. Facebook v. Duguid is an exercise in statutory interpretation regarding a law on autodialers. Justice Alito has an interesting concurring opinion warning of loose canons of interpretation. (That’s my pun, not his.)

If a statute refers to “A, B, or C with X” does the modifier “with X” apply to all three or just C? Continue reading . . .

The Double Standard on Race at The New York Times

This is probably not news for anyone who regularly looks at reporting standards at the New York Times, but Manhattan Institute Scholar Heather MacDonald puts the paper’s double standard regarding its coverage of crime and crime related stories in stark relief.  Her piece in the City Journal notes the way the Times reported last month’s police crackdown of the riot-like rampage of mostly black spring breakers at Miami Beach was to characterize the shootings, street brawls and property damage as “by and large, nonviolent.”  The Times went on to report that the only reason the police were confiscating guns and arresting the revelers is because most of them were black.  It was racial bias.  Responding to this claim, Miami’s Mayor, a Democrat, told the Times “we do not target race, we targeted conduct.”

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Gang Enhancements Not Used in MS-13 Violence

Another transgender woman was attacked last week in MacArthur Park, making it the fourth attack by a member of MS-13. According to an article written by James Queally of the Los Angele Times, Gabriel Orellana has been arrested and charged, while his accomplice has not been identified. According to Deputy District Attorney Richard Ceballos Orellana and the other suspect, “…Yelled derogatory remarks before knocking the victim to the ground and striking her repeatedly in the head and torso.” Queally explained in the article this is another hate crime in a series of attacks against transgender women in the area by MS-13 gang members. 

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Murderer on Parole Arrested for Attacking Asian Woman

An Asian American woman 65 years old, was beaten in NYC on her way to church on Monday morning (3/29). The suspect, Brandon Elliot, a 38 year-old African American man, was arrested just after midnight.  In an article this morning by Stephanie Pagones of Fox News, “Police sources told Fox News on Wednesday that Elliot has two prior arrests. In 2000, he allegedly robbed his mother in the Bronx, where he stole jewelry and allegedly choked her, according to the New York Post. Just two years later, in April of 2002, he was arrested for murdering her.” 

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Time Actually Served in Prison

“Everybody knows” that the reason that incarceration rates are so high in the United States is that we sentence people to far longer terms than their crimes warrant. As the old saying goes, it’s not what we don’t know that gets us in trouble; it’s what we know for a fact that just isn’t so.

On the left is a reasonable facsimile of Figure 1 from a new Bureau of Justice Statistics Report, Time Served in State Prison, 2018. It shows the median time actually served by state prisoners released in 2018, by their most serious offense. The ones serving long sentences are murderers and rapists, exactly the criminals whom persons of sense believe should be put away for a long time. Continue reading . . .