Posts Tagged ‘crime and punishment’

The confused world of child psychiatry

There’s been a lot of news lately involving child psychiatry. As noted by others, the Supreme Court may grant cert in the case of Pittman v. South Carolina which has the interesting twist that the defendant, age 12 at the time of the crime, was taking antidepressants when he killed his grandparents. Yet, as I mentioned the link between antidepressants and violence is tenuous at best.

On the heels of the Pittman case, comes this weeks Frontline program which explored the explosive growth of children being diagnosed with bipolar disorder. Unlike ADHD, bipolar disorder is generally treated with antipsychotic medications which can have profound and lasting side-effects. Yet, the desire to place the blame at the foot of the pharmaceutical industry is misplaced; the psychiatric community has a long tradition of capturing behaviors within their diagnostic net and transforming them into pathologies. All of the pharmaceuticals in the world do nothing to our children without a mental health culture which favors medicine as the first line of treatment for troubled children. And that mental health culture is not just a product of myopic physicians or Big Pharma, but very much one of our own creation.

Operation Lucky Bag

Find a wallet, go to jail? New York undercover cops have been leaving wallets and purses around in public spots in the city, then arresting anyone who picks them up and doesn’t present them to a nearby uniformed officer. Some arrestees have otherwise clean records and say they intended to use ID inside the bags to notify the rightful owners. Putting money inside the bags didn’t lead to serious enough charges, in the coppers’ view, so they began salting them with live American Express cards so that the finders could be charged with grand larceny, with four years behind bars. (N.Y. Daily News, more, N.Y. Times, Fox News, ABC News, Gothamist).

Judge locks up 46 people over ringing cellphone

Jurists behaving badly dept.:

According to the commission report, [Niagara Falls, N.Y. city court judge Robert] Restaino was presiding over a domestic-violence case when a ringing mobile phone interrupted proceedings. When no one took responsibility for the ringing phone, Restaino ordered that court security officers search for the device.

About 70 defendants were in the courtroom that day to take part in a monitoring program for domestic violence offenders. … After all the defendants denied having the phone or knowing who it belonged to, Restaino sent 46 people to jail. Fourteen who were unable to make bail were handcuffed and jailed for several hours.

The New York state Commission on Judicial Conduct removed Restaino from office Tuesday, calling his action “a gross deviation from the proper role of a judge.” (Janine Brady, “Panel gives judge a ringing rebuke”, CNN, Nov. 28; Elefant, Nov. 28).

FBI’s feeble forensics

“Hundreds of defendants sitting in prisons nationwide have been convicted with the help of an FBI forensic tool that was discarded more than two years ago. But the FBI lab has yet to take steps to alert the affected defendants or courts, even as the window for appealing convictions is closing, a joint investigation by The Washington Post and ’60 Minutes’ has found.” The bureau has now agreed to release the files involved (John Solomon, “FBI’s Forensic Test Full of Holes”, Washington Post, Nov. 18; more Post coverage; Obbie, Nov. 18; Ambrogi, Nov. 19; Althouse).

Mass. governor: let’s jail online gamblers

Gotta protect those state revenues?

Even as Governor Deval Patrick seeks to license three resort casinos in Massachusetts, he hopes to clamp down on the explosion in Internet gambling by making it illegal for state residents to place a bet on line. He has proposed jail terms of up to two years and $25,000 fines for violators.

Rep. Barney Frank (D-Mass.), however, reacted strongly against the proposal:

“I believe in personal liberty,” Frank said. “Adults should be able to do what they want. I wish my fellow liberals would not be so inconsistent on this issue.”

(Matt Viser, “Internet gambling is a target of Patrick bill”, Boston Globe, Nov. 10)(via Brayton).

A nation of lawbreakers

Recommended: at Slate, Tim Wu of Columbia has a five-part series in progress on the phenomenon of laws whose violation is very widespread and broadly tolerated. His examples include laws against (certain) recreational drug use, possession of obscene material, (some) copyright infringement by end users, and (promised in the final segment) immigration. (One that might have been added: low-level gambling in the form of office football pools and the Supreme Court poker game.) His opening anecdote:

At the federal prosecutor’s office in the Southern District of New York, the staff, over beer and pretzels, used to play a darkly humorous game. Junior and senior prosecutors would sit around, and someone would name a random celebrity — say, Mother Teresa or John Lennon.

It would then be up to the junior prosecutors to figure out a plausible crime for which to indict him or her.

(via Katherine Mangu-Ward, Reason “Hit and Run”). More from Hans Bader.

Lerach’s guilty plea

Following up on Walter’s Sep. 18 roundup, Lerach should be proud of his lawyers: his plea deal is for a single count of mispaying Steven Cooperman, drops all of the Torkelsen-related charges, will likely get him out of prison in under two years, requires the government to forgo prosecution of his current law partners, and doesn’t require him to cooperate with the prosecution of Melvyn Weiss. He may well be disbarred afterwards, but he’ll also be a multimillionaire in his late sixties who can retire comfortably even after paying an $8 million fine, and nothing stops plaintiffs’ firms from offering small fortunes to Lerach to act as a “non-legal consultant.” [plea agreement; WSJ; The Recorder; NY Times]

Relatedly, Wired reprints its 1996 “Bloodsucking Scumbag” article.