Playing the Race Card During a Pandemic

In recent days national news reporting on the coronavirus pandemic has focused upon the race of those dying from the disease as proof of structural racial bias in the American health care system.  In an article published in today’s American Greatness, Manhattan Institute Scholar Heather MacDonald cites news stories across the country reporting that the fact blacks and Hispanics are dying from the virus at a higher rate than their proportion of the population is clear evidence of racial bias.  Responding to this disparity the Chief Equity Officer of the American Medical Association went so far as to assert the “widely known history that American health institutions were designed to discriminate against blacks.”

Continue reading . . .

How Does One Evaluate An Honest and Upright Life?

Can a person live an “honest and upright life” and conform to and obey the “laws of the land” while confined?

In 2011, Misael Vences Maya, a lawful permanent resident of the U.S., pleaded guilty to driving under the influence with 6 prior DUI convictions and possession of methamphetamine.  He had also served two prior prison terms.  He was advised of the immigration consequences of his plea, which included possible deportation.  Maya was sentenced to 4 years 8 months prison without probation.  In late 2012, he completed his prison term and was immediately transferred to the custody of the Department of Homeland Security.  Because of his felony methamphetamine conviction, DHS commenced removal proceedings pursuant to 8 U.S.C. §1227(a)(2)(B)(i).  While still in immigration custody, California voters approved Proposition 47.  Maya then successfully applied to have his felony methamphetamine conviction reduced to a misdemeanor.  Because it was reduced to a misdemeanor, he then sought to have the conviction expunged pursuant to California Penal Code  §1203.4a.

Continue reading . . .

9th Circuit: Detained Illegals Entitled to Bond Hearing

A divided Ninth Circuit panel has ruled that illegals seeking asylum who are held by ICE for more than six months are entitled to a hearing for possible release on bond.  Bob Egelko of the San Francisco Chronicle reports that the ruling could apply to thousands of migrants (read illegal aliens) held pending review of their asylum claims.  Dissenting judge Ferdinand Fernandez held that the ruling conflicted with a 2018 U.S. Supreme Court decision which announced that illegal aliens could be detained until their cases were decided.  But Judge Milan Smith, a W. Bush appointee, and Judge Eric Miller, appointed by Trump, found no conflict, citing an earlier 9th Circuit ruling announcing that asylum seekers are entitled to a bond hearing unless they are determined to be dangerous or likely to flee.  A San Francisco attorney representing the plaintiffs called the ruling “a tremendous victory for immigrants…”  He must have meant a tremendous victory for illegal immigrants.  Those who migrated here legally gain nothing from this ruling.

Inmate Releases Concern Police

With the support of prison reform advocates and and some public health officials, thousands of jail and prison inmates are being released across the country due to the coronavirus pandemic.  Jeff Mordock of the Washington Times reports that although public defenders claim that those released are “nonviolent and elderly offenders” police groups say many are repeat offenders including  serious criminals and sex offenders.  A Director at the pro-release Justice Action Network, told reporters that “No process is ever going to be perfect,” noting that, from her perspective, releases where 20-30 percent are dangerous offenders is acceptable.  In Chicago, hundreds of inmates are being released anonymously from from jails because public defenders and State’s Attorney Kim Foxx believe their identities need to be protected so they are not “opened to further stigma.”  As is typical in Chicago politics the State’s Attorney is blaming the Sheriff for keeping the names secret while the Sheriff says the State’s Attorney is responsible for reporting who is getting released.  It is clear that progressive, pro-criminal groups and politicians are using the current pandemic as an excuse to advance their political agenda.  As usual, the law abiding public will pay for this.

 

Chicago Mayor Orders Curfew on Liquor Stores

After a violent Tuesday night of shootings that left 7 dead and 14 injured, Chicago Mayor Lori Lightfoot ordered the city’s liquor stores to close at 9:00 pm.  CBS Chicago reports that the curfew will remain in force until the city’s stay-at-home order is lifted on April 30.  Gun violence and gatherings violating the order have been occurring frequently in the windy city since people were told to stay home and practice social distancing on March 21.  Over 2,000 dispersal orders have been issued in response to large gatherings including parties and eleven citations with fines of up to $5,000 have been given to bars, restaurants and other businesses considered non-essential which had remained open.

  Mayor Lightfoot’s personal commitment to the stay-at-home order was questioned after CBS reported that her hairdresser posted a photo of the two of them last Sunday after she did her hair.  The Mayor told reporters that she was practicing social distancing because the hairdresser had a mask and gloves on.  Does anybody see a mask, gloves or distancing in this photo?

Policy-Based Evidence-Making

Steven Hayward at Powerline Blog has this post on appeals to expertise in policy arguments. The specific examples he discusses are off-topic for this blog, but the general point is an issue that comes up often in criminal justice debates. The post includes a particularly nice turn of phrase that I expect to quote often.

Whenever a progressive says we should “follow the evidence” because we must have “evidence-based policy-making,” you should reach for your wallet (for starters). Because today we all too often have the opposite: policy-based evidence-making.

In criminal justice, you don’t need to reach for your wallet. You need to run for your life or reach for your gun. Continue reading . . .

Commercial Burglaries Up During NYC Lockdown

With bail eliminated in New York City, and many businesses closed, NYPD data indicate that commercial burglaries have jumped by 75%.   Daniel Cassady of the New York Post reports that between March 12, when Mayor de Blasio ordered the lockdown and March 31, police reported 254 businesses burglarized, particularly cash businesses such as supermarkets and bodegas.    According to the city’s Chief of Crime Control “the burglaries we are seeing now are more organized and specifically targeted.  There’s much more night-time entry, more forced entry….while they (businesses) are closed.”  Adding to the problem is the city’s recent elimination of bail for property crimes.  “I’ve seen multiple individuals who have been arrested for burglary this year and then released the next day,” said the Chief.  Officials are also concerned about coronavirus-related releases of prison inmates, some of whom have already been arrested for committing crimes.  New York City is probably not the only place experiencing a jump in commercial burglaries.

Splintered DC Circuit Vacates Injunction Against Federal Executions

Last November, a federal district judge in DC enjoined all federal executions based on a statute requiring use of the “manner” of execution provided by the law of the state where the conviction was rendered. See this post. Today, a splintered three-judge panel of the U.S. Court of Appeals for the D.C. Circuit vacated the injunction, for now. The division on the panel clearly requires further review, and the court on its own motion stayed the issuance of its mandate to allow it. Continue reading . . .