Friends of Justice is a personal blog. Here I speak only for myself.

Digital Jail: How Electronic Monitoring Drives Defendants Into Debt

July 11th, 2019

Photograph by Zora J Murff for The New York Times

Yet like the system of wealth-based detention they are meant to help reform, ankle monitors often place poor people in special jeopardy. Across the country, defendants who have not been convicted of a crime are put on “offender funded” payment plans for monitors that sometimes cost more than their bail. And unlike bail, they don’t get the payment back, even if they’re found innocent. Although a federal survey shows that nearly 40 percent of Americans would have trouble finding $400 to cover an emergency, companies and courts routinely threaten to lock up defendants if they fall behind on payment. In Greenville, S.C., pretrial defendants can be sent back to jail when they fall three weeks behind on fees. (An officer for the Greenville County Detention Center defended this practice on the grounds that participants agree to the costs in advance.) In Mohave County, Ariz., pretrial defendants charged with sex offenses have faced rearrest if they fail to pay for their monitors, even if they prove that they can’t afford them. “We risk replacing an unjust cash-bail system,” Steinberg said, “with one just as unfair, inhumane and unnecessary.”

Read the article by Ava Kaufman in the New York Times Magazine.

And its bad technology, These things also very frequently fail.

Friends of Justice is a personal blog. Here I speak only for myself.

Punished Enough?

June 10th, 2019

“Laws punishing sex offenses are still becoming harsher and more exacting, even though reported sex crimes are declining—and in fact were already declining well before these laws were passed. In consequence, the numbers keep climbing: people convicted of sex offenses are a rapidly growing segment of the prison population—up to 30% in some states—while beyond the walls of the prison, additional punishments, provisions, and ‘collateral consequences’ have been added on, virtually all of them based on flawed diagnostics and unsound prognostication.”

Read the article by National Center for Reason and Justice Director Roger Lancaster in Just Future Project.

“A shorter version of this essay was included in the program for the London run by the National Theater of the production of “Downstate” by Pulitzer Prize-winning playwright Bruce Norris. This is the original form of the essay, published for the first time here at Just Future Project with permission of the author.”

Friends of Justice is a personal blog. Here I speak only for myself.

Wrongfully Convicted Anna Vasquez Named to Houston Forensic Lab Board

June 7th, 2019

“In 2006, advocates with the National Center for Reason and Justice got involved. The case was one of several they argued were involved with national hysteria around satanic ritual abuse.”

The NCRJ is proud that we could play a part in correcting this injustice.

Read the article by Paul Flahive from Texas Public Radio.

Friends of Justice is a personal blog. Here I speak only for myself.

Junk-Science “Victim Centered” Methods Convict the Innocent

May 25th, 2019

An important press rlease from the Center for Prosecutorial Integrity:

PRESS RELEASE

Contact: Rebecca Stewart

Telephone: 513-479-333

Email: info@prosecutorintegrity.org

Over 100 Law Professors, Others Call on DOJ to Stop Junk-Science ‘Victim-Centered’ Methods

WASHINGTON / May 23, 2019 – Over 100 law professors, practicing attorneys, scholars, and concerned citizens have endorsed a petition calling on the Department of Justice to promptly cease its support for guilt-presuming investigations. Commonly known as “victim-centered,” such methods vitiate notions of fairness and investigative impartiality, and contribute to the problem of wrongful convictions.

“Victim centered” methods such as Start By Believing advise investigators to start with a presumption of guilt, seek to “corroborate the victim’s account,” and write their reports using the “language of non-consensual sex.” (1) Such approaches violate ethical codes that require investigators to “present such evidence impartially and without malice.” (2)

Another “victim-centered” method is known as “trauma-informed,” which posits the cognitive effects on persons experiencing traumatic events. But experts have dismissed such notions as “psychiatric folklore,” lacking scientific verification, and even as “junk science.” (3)

Victim-centered methods have been discredited by a number of groups. The Air Force Office of Special Investigations found such methods to be “inappropriate and irresponsible.” (4) In 2015 the Arizona Governor’s Commission to Prevent Violence Against Women issued a letter saying Start by Believing “creates the possibility of real or perceived confirmation bias” and “strongly cautioned” state law enforcement agencies from using Start By Believing. (5)

The petition demands that the Department of Justice “promptly suspend its support for programs that call on detectives and investigators to reject their most basic of principles of fairness and that threaten to unravel the very fabric of our nation’s justice system.”

Journalist Emily Yoffe has termed victim-centered theories “junk science” because of their lack of scientific support and the circular logic they utilize. (6) Additional information is available in the CPI White Paper, ‘Believe the Victim:’ The Transformation of Justice. (7)

Links available here:

http://www.prosecutorintegrity.org/pr/over-100-law-professors-others-call-on-doj-to-stop-junk-science-victim-centered-methods/

 

Friends of Justice is a personal blog. Here I speak only for myself.

More from my Friend Gunther

April 10th, 2019

More information about his prison transfer:

 

Life Unhindered: Uprooted and Plunked – Part II

Friends of Justice is a personal blog. Here I speak only for myself.

Come Hear Super Lawyer John Swomley

April 8th, 2019

Please join us for an evening of learning and discussion about one of the most controversial issues in America today!

Sex Panic and the Law:

Reflections of an attorney on the front lines

with Attorney John Swomley,

of Swomley & Tennen, LLP

Monday, April 22 @ 6:30 pm

Cambridge Friends Center

5 Longfellow Park, Cambridge, MA

(off Brattle Street coming out of Harvard Square, Cambridge)

John G. Swomley is well-respected as one of the best trial attorneys in Massachusetts. In 2000, he was awarded the Paul Liacos Mental Health Advocacy Award by the Committee for Public Counsel Services for zealous advocacy on behalf of indigent defendants.

Since 2005, Attorney Swomley has repeatedly been recognized as a “Super Lawyer” as published in Boston Magazine. He is a member of the murder panel, a group of lawyers qualified by the Committee for Public Counsel Services to represent indigent defendants in murder prosecutions throughout the Commonwealth of Massachusetts.

What are the laws that govern sexual offenses in Massachusetts? What are the social roots of those laws and what are their impact on those harmed by sexual offenses and those accused of such offenses. Do our present sexual offense laws serve the goals of healing and justice.

Sponsored by the:Sex Offender Policy Reform Initiative of the Criminal Justice Policy Coalition, National Center for Reason and Justice, and Boston Release Network.

For more information call (617) 623-5288 or go to www.sopri-ma.org

Friends of Justice is a personal blog. Here I speak only for myself.

A New Prison Post from my Friend Gunther Fiek

March 31st, 2019

In this post, Gunther begins the story of his sudden transfer to a private prison.

https://guntherfiek.net/2019/03/31/life-unhindered-uprooted-and-plunked-part-i/

Friends of Justice is a personal blog. Here I speak only for myself.

Lawsuit: Police forced false confession in deadly fire

March 21st, 2019

“Money is never going to give me back these 35 years of my life, there’s no money in this whole entire earth that can repay me for the time I lost, the people that I lost, I lost even my daughter, my children no grow up with me,” Rosario said. “And all that, they’re never going to pay for that but at least it can alleviate how I’m going to start at the age of 61 how am I going to start my life.”

The National Center for Reason and Justice was a longtime supporter of Victor Rosario’s appeal, and we raised the money to hire his expert witnesses.

See the report from Boston’s TV station WCVB, Channel 5.

Friends of Justice is a personal blog. Here I speak only for myself.

Unpopular Speech in a Cold Climate

March 16th, 2019

Photograph by Steven Hirsch / Reuters

“There is now such a stigma attached to people accused of sexual misconduct that anyone who defends legal principles on their behalf risks being mistaken, in the public mind, for a defender of sexual violence. Lawyers have always been vilified for taking on unpopular clients, but, in the #MeToo era, defense lawyers endanger their good standing even in the most liberal communities, Harvard being only one example.”

Read the article by Jeannie Suk Gerson in the New Yorker.

Friends of Justice is a personal blog. Here I speak only for myself.

$28 million award for “Beatrice 6” whom police psychologist helped railroad to prison

March 10th, 2019

Credit: Omaha World-Herald

“Of interest to this blog’s audience is the role of the police psychologist. As I blogged about back in 2008, Wayne R. Price, PhD saw no ethics conflict in helping to interrogate the suspects even though he had previously provided therapy to two of the young women. Dr. Price reportedly reassured the suspects that their lack of any recollection of the crime was because they had repressed the traumatic memory. He later assisted them in reconstructing the details of their imagined crime.”

Read the post at the Forensic Psychologist Blog.