Posts Tagged ‘crime and punishment’

Google and Facebook turn away bail bond ads

Two things that can both be true:

1) we should find a better system than cash bail;

2) in the mean time bail bond services provide a needed service for some families.

Or as I put it in my new National Review piece:

This week Google and Facebook announced that they would stop accepting ads for bail-bond services. It’s the perfect moral gesture for our times: It makes a grand statement, keeps pressure groups happy, reminds us that the tech giants have weight to throw around, and leaves its intended beneficiaries no better and perhaps imperceptibly worse off.

I go on to discuss stigmatization as a substitute for policy, which sorts of practices if adopted would probably serve as a substitute for cash bail, and the widely held notion that mass incarceration in the contemporary U.S. arose from a plot to expand business revenue. The piece concludes:

If one is going to be suspicious of mercenary motives in the justice system, I recommend starting with the providers among whom defendants’ families do not get to pick and choose in their hour of need in a relatively competitive market. That would include probation providers and jail phone-call providers — and, yes, some firms involved with private prisons.

Of course, those companies aren’t big advertisers, since the only customer they need to convince is the law-enforcement agency. So Google and Facebook are spared the need to worry about what posture to strike toward them.

Whole thing here. For a different view, here’s Google’s Senior Counsel on Civil and Human Rights writing together with the chairman of Freedom Partners Chamber of Commerce and general counsel for Koch Industries. [Malika Saada Saar and Mark Holden]

“Surprised by Neil Gorsuch’s ruling? You weren’t paying attention.”

In the case of a federal law providing for the mandatory deportation of lawful permanent residents convicted of a hazily defined “crime of violence,” Justice Neil Gorsuch steps comfortably into Nino Scalia’s shoes as the Court’s champion of void-for-vagueness invalidation of criminal laws whose contours were left overly unclear. “It doesn’t make him a squish. It makes him an originalist,” [Ilya Shapiro, Washington Examiner; opinion in Sessions v. Dimaya] More: Jay Schweikert, Cato.

The FBI and S.D.N.Y. raid a lawyer’s office

On the legalities of the raid on Trump’s attorney Michael Cohen, a good place to start is with Ken White’s for the New York Times (his earlier blog post). Also: “Lawyers should be reminding people, pundits and groundlings alike, that this is an extreme measure, a dangerous measure, that may be necessary” but should not be the occasion of glee [Scott Greenfield]

Meanwhile, the New York Times has managed to discover the worst argument.

Alabama law enables sheriff to eat well

Under an Alabama law passed before World War II, many county sheriffs can keep what are deemed extra sums allocated for inmate meals but not used for that purpose. Some large counties require the surplus to be turned over to general county funds. Can sheriffs of other counties convert the funds to personal use? In Etowah County (Gadsden), a local resident says he was paid to mow the sheriff’s lawn with checks from from the sheriff’s “Food Provision Account.” [Connor Sheets, Al.com] And in a followup, four days later local police arrested the resident who had told the reporter about being paid for lawn-mowing. The raid, said to have been based on an anonymous call reporting the odor of marijuana issuing from within an apartment, resulted in charges against him later bumped up to felony drug trafficking based on weight: “Once that marijuana was mixed with the butter then the whole butter becomes marijuana, and that’s what we weighed.” [Sheets, Al.com]

Crime and punishment roundup

  • Fiasco of Cliven Bundy prosecution points up that even those who break the law are entitled to a fair trial. “In the Bundy case, Judge Navarro slammed the FBI for withholding key evidence. Unfortunately, this seems to be standard procedure for the FBI.” [James Bovard, USA Today; Mark Joseph Stern, Slate; earlier]
  • Don’t undermine structural protection Double Jeopardy Clause provides against prosecutorial overreach [Jay Schweikert on Cato amicus brief in Currier v. Virginia] Case gives SCOTUS chance to reconsider “dual sovereignty” exception to Double Jeopardy Clause [Ilya Shapiro on Cato certiorari brief in Gamble v. U.S.]
  • “The room he was in happened to fall within 572 feet of a park and 872 feet of a school,” within the 1000 feet set by Tennessee law, result misery [C.J. Ciaramella and Lauren Krisai, Reason (“Drug-free school zone laws are rarely if ever used to prosecute sales of drugs to minors. Such cases are largely a figment of our popular imagination.”)]
  • Missed last spring: this challenge to the “Standard Story” of mass incarceration [Adam Gopnik on John Pfaff’s “Locked In”]
  • Ignorance of the law is no excuse. But with law having proliferated beyond anyone’s grasp, perhaps it should be? [Stephen Carter, Bloomberg, earlier]
  • Another study finds decriminalizing prostitution reduces sexual abuse and rape [Alex Tabarrok]

Trump’s first clemency

Under the circumstances, eight years (as opposed to 27) was long enough for Sholom Rubashkin to serve behind bars for bank fraud and other financial misconduct, especially since by interfering in his bankruptcy proceedings the U.S. government had itself driven up the cost of his actions to creditors, thus pushing him into a higher sentencing range. There were other irregularities in his trial as well. But let’s hope that President Trump extends clemency to other equally deserving inmates who lack the money and influence to call forward a campaign on their behalf [Mark Joseph Stern, Slate] More: Des Moines Register, WLF, NBC.

Police roundup

  • Attitudes on law enforcement now function as culture war rallying point and vehicle of identity politics on both sides [Dara Lind] Good news on officer safety: “Line of duty deaths this year approached a 50-year low” [Ed Krayewski]
  • SWAT deployment and police militarization — in rural Western Massachusetts [Seth Kershner, Valley Advocate] Trump still wrong on this issue [Eric Boehm]
  • Would it be easier to address America’s high rate of fatal shootings by police if the focus were allowed to slip off race for a moment? [Conor Friedersdorf]
  • Neighborhood police checkpoints employed in West Baltimore for several days in November, yet in 2009 DC Circuit, via conservative Judge Sentelle, found them unconstitutional [Colin Campbell and Talia Richman, Baltimore Sun; Elizabeth Janney, Patch]
  • What should be done to address rising crime rates? Federalist Society convention panel video with Dr. John S. Baker, Jr., Heather Childs, Adam Gelb, Hon. Michael Mukasey, George J. Terwilliger III, moderated by Hon. David Stras;
  • In Collins v. Virginia, Supreme Court has opportunity to reaffirm that home is truly castle against police search [Cato Daily Podcast with Jay Schweikert and Caleb Brown]

Crime and punishment roundup

  • Drivers’ license should signify ability to drive motor vehicle safely. Denial for miscellaneous arm-twisting reasons – e.g. child support – is bad policy. [Beth Schwartzapfel, Marshall Project (“43 states suspend driver’s licenses for unpaid court debts, but only four require a hearing beforehand to determine whether the failure to pay is willful or simply a reflection of poverty.”); Jessica Silver-Greenberg, Stacy Cowley and Natalie Kitroeff, NYT (“Twenty states suspend people’s professional or driver’s licenses if they fall behind on [student] loan payments, according to records obtained by The New York Times.”)] Earlier here (tax delinquents in New York), here, here, here, etc.;
  • Under centuries of precedent, bail must be individualized as well as not excessive [Ilya Shapiro on Cato amicus in Walker v. City of Calhoun, Eleventh Circuit] And my piece on Maryland’s botched bail reform is now available ungated at Cato;
  • Harvey Silverglate recounts an old tale of prosecutorial entrapment — starring Robert Mueller, then acting U.S. Attorney in Boston [WGBH]
  • Criminal justice, mass incarceration, and the libertarian cause: Radley Balko’s speech on winning Bastiat Award [Reason]
  • “The Troubling Expansion Of The Criminal Offense Of Obstructing The IRS” [Kathryn Ward Booth, Vanderbilt Law]
  • Murder rap for drug supplier after overdose distorts both criminal law principle and incentives [Scott Greenfield, earlier here and here, see also here and here (prescribing doctors)]