New York Takes Bold Action to Fight Crime

With crime and violence raging across the state of New York, including cities outside of the Big Apple like Albany and Rodchester, and with fatal fentanyl overdoses at epidemic levels, the state legislature it taking action.  Maydoon Khan of the Associated Press reports that Governor Kathy Hochul signed a new law this week to strike the word “inmate” from state law and replace it with “incarcerated person” in order to remove the stigma of serving time in prison or jail for criminal behavior.  The bill’s sponsor, Bronx Democrat Senator Gustavo Rivera, told reporters, “This is another concrete step our state is taking to make our criminal justice system one that focuses on rehabilitation, rather than relying solely on punishment.”  I bet millions of New Yorkers already feel safer because of this new law.  A linguistics professor at MIT compared calling a person in prison an inmate with calling an African American born into slavery a slave.  By changing the words “you help people better understand who they are and how they got to be where they are,” he said.

Continue reading . . .

Brutal CA Murderer Got Early Prison Release

The District Attorneys of Placer and Amador Counties told reporters Monday that a Sacramento man arrested for the July murder and dismemberment of an elderly North Highlands woman, gained early release from state prison after serving less than half of his sentence for previous crimes.  Rosalio Ahumada of the Sacramento Bee reports that habitual felon Darnell Erby is facing charges of aggravated murder and burglary for killing 77-year-old Pamela Garrett May, whose dismembered body was found in her home on July 19.  Over the past 20 years Erby had been convicted of 8 different crimes,  arrested 20 times, and had been unable to go more than two years without committing a serious felony.  Under California’s progressive sentencing reforms Erby actually became eligible for parole in 2018, a year after he was sentenced to 12 years for felony convictions in Placer and Amador County.  He was denied parole twice for criminal activity while in prison, but was granted parole in April of 2021.  Governor Jerry Brown’s Public Safety Realignment (AB 209) passed in 2011, and his George Soros-bankrolled Proposition 57, The Public Safety and Rehabilitation Act, passed in 2016, made this murderer’s release possible.

Responses to Soros Op-Ed

As noted in this post, the WSJ recently published an op-ed by George Soros explaining why he has pumped money into the campaigns of progressive prosecutors and intends to continue doing so. This article naturally prompted many critical letters to the editor, and the WSJ has printed them over multiple days, which is somewhat unusual.

In today’s batch, the WSJ printed my letter, noting an example refuting Soros’s claim that the progressive policies are evidence based. The August 4 batch included letters from Thomas Hogan on recent research tying progressive prosecutors to increased homicides and from Hans Bader on the fallacy of Soros’s racial statistics (unfortunately chopped down in the editing process to omit essential support). Yesterday’s print edition has a letter from an LA police officer with anecdotal but significant evidence that criminals in LA believe they can commit crimes with impunity because of the LA DA’s policies.

54 Shot, Eight Dead in Chicago Last Weekend

Chicago Police Superintendent David Brown acknowledged Monday that crime is spiking in every neighborhood in the city after another bloody weekend.  Lucy Collins of CNS News reports that among the shooting victims were two teenage boys who were approached on a sidewalk at 1:00 am.  A 29 -year-old man was shot and killed while riding a Chicago Transit Authority train early Saturday.  Last weekend 48 people were shot, five fatally as the city logs 399 murders so far this year.  This comes as police complain about a policy adopted in June that prohibits officers from chasing suspects unless they can prove that they believe the suspect had committed a felony or a class A misdemeanor.   Another new policy requires officers to call their supervisor for permission to pursue a suspect in their police car.  The brother of an 18-year-old murdered last summer wrote “I can tell you that criminals love the policy shift that’s taken place over the years in Chicago, where leaders have mistaken necessary criminal justice reform with soft-on-crime policies which are endangering the lives of residents from every neighborhood and demographic.”

George Soros Doubles Down

In a August 1 Op-ed in the Wall Street Journal progressive hedge-fund billionaire George Soros explained why he has been bankrolling the elections of what he calls “reform” prosecutors over the past eight years. Telling us that our criminal justice system is “rife with injustices,” Soros points to the fact that “black people in the U.S. are five times more likely to be sent to jail as white people.”  He complains that America sends too many people to jail and that “we need to invest more in preventing crime with strategies that work—deploying mental-health professionals in crisis situations, investing in youth job programs, and creating opportunities for education behind bars.”  He credits the “reform-minded prosecutors” he helped elect for implementing an agenda which focuses “the resources of the criminal justice system to protect the people against violent crime….and seeks to end the criminalization of poverty and mental illness.”

Continue reading . . .

California Legislature Ramming Through Another Pro-Murderer Bill

Today, there was a hearing scheduled on California Senate Bill 300, a bill to change the state’s “special circumstance” law in favor of the murderers, with an implication that it applies retroactively to overturn cases already properly tried. However, the “hearing” has been limited to people stating if they support or oppose, with no opportunity to give the reasons, making it pointless. So here is what I would have said.

In California, first-degree murder with “special circumstances” is punishable by death or life in prison without possibility of parole. The law is subject to the criticism that the special circumstances are not special enough, and I have proposed some pruning myself in the past. SB 300 would limit special-circumstance murder for accomplices to those who can be proved to have intended to kill. In 1990, Proposition 115 added a “reckless disregard of human life” alternative for accomplices convicted of first-degree murder under the felony murder rule, implementing an option allowed by the U.S. Supreme Court in Tison v. Arizona (1987).

Applied to future cases, that would not necessarily be a bad change. It would have virtually no effect on capital punishment, as today’s juries seldom-to-never impose the death penalty on accomplices without an intent to kill. The huge problem is imposing such a fact-finding requirement retroactively. This is not speculation. We have been there and done that. It was the key issue in the first capital case I ever briefed. Continue reading . . .

Federal Appeals Court Overturns Murderer’s Death Sentence

A divided panel of the Fourth Circuit U.S. Court of Appeals has overturned the death sentence of a South Carolina man who murdered four people in two states.  Associated Press writer Jeffery Collins reports that in its July 26 ruling the Appeals court concluded that the judge in Quincy Allen’s 2005 sentencing hearing had excluded, ignored or overlooked the murderer’s “serious mental illness history of childhood abuse” which the court believes had a “substantial and injurious effect or influence on the outcome of the sentencing proceeding.”   The ruling came a week before a judge hears a lawsuit brought by several other condemned South Carolina murderers who argue that the electric chair and the firing squad, utilized by the state, amounts to cruel and unusual punishment.  The state has been forced to use these execution methods because anti-death penalty groups, including the European Union, have pressured drug manufacturers not to sell the state lethal injection drugs.

Continue reading . . .

Report Finds Bail Reform Tied to Increased Crime

Bail reform has been a major element of the criminal justice reform movement advanced by progressive politicians, activist groups and much of the media, for at least a decade.  The narrative is that reducing or eliminating bail, even for violent arrestees, is necessary to address racial bias in the criminal justice system, because a disproportionate cohort of black and Hispanic suspects are held in jail on bail awaiting trial.  The fact that blacks and Hispanics commit a disproportionate amount of crime is ignored in this narrative.  Toward the end of the last decade several liberal state legislatures adopted no-bail laws, and during the pandemic, several others eliminated or reduced bail via executive orders.  In more than a few big cities such as Los Angeles, Philadelphia, Chicago, Seattle, San Francisco and New York progressive district attorneys announced their own zero bail policies.   New York City had all of these elements.  The state adopted a bail reform law that took effect in 2020, and both the city’s mayor and district attorney enthusiastically enforced it.   In a recently-released study, Manhattan Institute scholar Jim Quinn takes a hard look at the effect that progressive bail reform has had on crime in the Big Apple.

Continue reading . . .

Facing Midterm Blowout, Dems Pivot to Become Crimefighters

After a decade of supporting reduced sentences for even the most violent criminals, zero bail, abandoning pro-active policing, and endlessly lecturing Americans that police and prosecutors are racists,  democrats from the President on down are now declaring themselves to be the party of law and order.  This pivot is based on the assumption that the public is so stupid it can’t recall that democrat political leaders had justified the summer riots of 2020 sparked by the killing of George Floyd.  Those riots were followed by unprecedented and continuing increases in crime in most large American cities.  Manhattan Institute scholar Heather MacDonald penned this piece in the New York Post discussing the President’s new Safer America Plan announced last Thursday.  The plan promises to fund the hiring of 100,000 additional police officers, presumably to make up for the thousands of cops who have taken early retirement or just quit due to their treatment in cities where democrat political leaders have labeled them racists.  In many parts of the country it has become open season for attacking police officers, usually by black criminals left on the streets by laws and policies adopted by democrats to advance “racial justice.”  As MacDonald notes;

As recently as May 2022, Biden released an executive order alleging that the police disproportionately kill “Black and Brown people” and that there is “systemic racism in our criminal justice system.” The May 2022 order called for “ending discriminatory pretextual stops” — code for ending all remaining proactive stop activity. It called for increased investigations of police departments for civil rights violations.

Continue reading . . .

President Nominates Another Radical to the Ninth Circuit

A lawyer who serves on the board of Just Communities Arizona (JCA), a radical “abolitionist organization,”  has been nominated to serve of the Ninth Circuit U.S. Court of Appeals.  Houston Keene of Fox News reports that nominee Roopali Desai also serves on the Board of the American Civil Liberties Union, and has worked with teachers unions to indoctrinate children with critical race theory, promoting the narrative that American was founded on racism and that all U.S. institutions are racist.

Continue reading . . .