Showing posts with label criminal justice. Show all posts
Showing posts with label criminal justice. Show all posts

Thursday, January 20, 2022

046 The Erickson Report for January 20 to February 2, Page 2: The Death Penalty and Criminal Justice

046 The Erickson Report for January 20 to February 2, Page 2: The Death Penalty and Criminal Justice

Okay, I'm going to put this in here.

On December 9, Bigler Stouffer II, 79, was executed for murder at the State Penitentiary in McAlester, OK. He had been convicted of the 1985 shooting death of one Linda Reaves, an incident that also left her boyfriend, Doug Ivens, seriously injured.

He originally was convicted in 1986 and sentenced to death but the verdict was oveturned on the grounds he had been provided an inadequate defense. He was re-convicted in 2003, meaning he spent the last 35 years of his life on death row.

Without going into details of competing assertions, I'll note that to the very end, to the moment he entered the death chamber, Stouffer maintained his innocence. As recently as a hearing before the Pardon and Parole Board in November, he insisted that Ivens was shot as the two men fought over a gun at Ivens' home, and that Reaves was already dead when he arrived.

That board recommended that Stouffer's sentence be commuted to life without parole, but Gov. Kevin Stitt rejected the idea, not surprising since attorneys for the state opposed clemency, saying that Stouffer's "heinous actions, his lies and manipulations, and his complete lack of sorrow and remorse for the hurt he caused should dictate one conclusion - the jury's death sentence must be carried out."

That last part is why I bring this up. A gaping hole at the center of our supposed criminal justice system reveals it to be in reality a prosecution procedure system, one where truth is not pursued, it is created, something most markedly obvious in death penalty cases, where the notion of "finality" takes on a lethal meaning.

If you are convicted at trial, that becomes not our best societal judgement of the reality of the events involved, it becomes revealed truth, holy writ, and this "finding of fact," whether by judge or jury, can't be challenged on appeal except under special limited circumstances; only the legal technicalities in reaching it can be. Not only must the courts accept your guilt as utter truth, so must you to the point where absolute proof of your innocence of the crime may not save you unless that proof could not have been presented at trial - not was not, could not.

In fact, just last month the state of Arizona told the Supreme Court in oral arguments related to the case Shinn v. Ramirez that “innocence isn’t enough here" to allow two men to challenge their convictions in federal court - and they were in fact preaching to the choir, because SCOTUS has in the past said essentially the same thing.

As so we have Bigler Stouffer, who frankly may or may not have been guilty, I don't know, but who in either event encountered the fact, as so many others have, that continuing to insist on your innocence after conviction will be used as a weapon against you in seeking any sort of mercy or understanding or justice.

Because the system will admit "we did it wrong," but will - pardon the expression - fight to the death to avoid saying "We got it wrong."

The death penalty should disappear.

046 The Erickson Report for January 20 to February 2, Page 1: Good News


We are going to start with some bits of Good News from over the past couple of weeks.

First up, this is just feel-good news.

The Cyber Ninjas, the outfit which faced months of criticism over its shoddy practices and partisan roots in conducting that lie-driven "audit" of the 2020 presidential count in Arizona which despite it all still concluded that Biden won the state, is closing down.

This follows a rebuttal from officials in Maricopa County, the target of the fraudulent recount, who asserted that of the 77 claims the Cyber Ninjas made about the balloting, 76 were false or misleading along with a county judge holding the company in contempt and ordering it to pay $50,000 per day in sanctions for failing to provide records related to the so-called audit to the Arizona Republic newspaper.

Karma can be a bitch.

=

Next, a bit of Good News out of the UK.

On October 17, 2019, three members of Christian Climate Action, an arm of Extinction Rebellion, blocked a train in London for over an hour during morning rush hour. The train was headed into the city's financial district, and the group said the protest was to symbolize how business-as-usual must be stopped and was a proportionate response to the existential threat of climate change.

The three - Reverend Sue Parfitt, 79; Father Martin Newell, 54; and former university lecturer Phil Kingston, 85 - were charged with violating the Malicious Damages Act, carrying a potential sentence of, if I read the Act correctly, two years in prison.

On January 14, the were acquitted by a jury.

What's more, on the same day, Extinction Rebellion (or XR) protester James Brown had his sentence cut from 12 months to four after super-gluing himself to the roof of a plane at London City Airport and those events followed the December acquittal six of XR members who were charged with the blocking a train during a similar action at Canary Wharf station in April 2019; that jury took less than an hour.

It appears that the people, if not the government, of the UK are coming to see the climate crisis for what it is.

=

Next: Anti-hunger and anti-war activists in Florida have won their seven-year legal battle against the city of Fort Lauderdale, which has been trying to prevent the local chapter of Food Not Bombs from giving free food to people in need at a downtown park.

Last August, a three-judge panel of the US Court of Appeals for the 11th District ruled unanimously that the rule "unconstitutional as applied to Food Not Bombs" and the city's requirement for a permit - which could cost up to $6000 - can't qualify as a "valid regulation" of Food Not Bombs' First Amendment rights because it is "utterly standardless," that is, it could be denied for literally any reason or no reason at all.

On January 5, the group announced a settlement with the city, under which the city admits it was wrong, pays the group a small amount of damages, and covers at least some significant part, if not all, of the group's legal expenses.

The reason Fort Lauderdale and other cities have tried and are trying to impose bans like these comes down to one issue: wanting to hide the issue of homelessness because that seems easier and cheaper than doing anything about it.

=

Another: Last March, Texas Gov. Greg Abattoir launched Operation Lone Star, deploying thousands of National Guardsmen, Texas Department of Public Safety cops, and other state resources to the border with Mexico and giving them the authority to arrest suspected migrants under suspicion of criminal trespassing on private and state property.

One such person arrested is Jesús Alberto Guzmán Curipoma, an engineer from Ecuador who hoped to submit a request for asylum. He was arrested in September at a railroad switching yard on a charge of criminal trespass.

On January 13, Travis County Judge Jan Soifer declared his arrest unconstitutional, making some immigration advocates hopeful the ruling could create a pathway for other migrants arrested under the program.

Guzmán Curipoma's attorneys successfully argued that Operation Lone Star violates the Supremacy Clause of the US Constitution and therefore prohibits state laws form interfering with immigration enforcement by the federal government.

What makes this remarkable is that the Travis County District Attorney's Office, which represented the state in the hearing, agreed. Travis County District Attorney José Garza said in a statement that the program is "an impermissible attempt to intrude on federal immigration policy" and "has failed to satisfy basic, fundamental, and procedural state and federal constitutional safeguards."

A spokesperson for Gov. Abattoir said they expect the ruling will be overturned because the judge couldn't issue that ruling without hearing from the Attorney General. Which seems doubly weird because I was not aware a judge had to check with Abattoir's administration before issuing a ruling and how are they going to appeal when there was someone representing the state of Texas at the hearing who agreed with the decision. But that kind of thing never stopped them before, so who knows.

It's still a win.

=

Next, something I don't know I can truly call Good News for reasons I will try to make clear, but the news here is that Greg and Travis McMichael, two of the men convicted in the murder of Ahmaud Arbery, have been sentenced to life without parole and the third, William "Roddie" Bryan, to life with parole possible after 30 years.

I take satisfaction in the fact that this is an indication that maybe, at long last, we as a people are taking racist murder more seriously. Still, I can't be entirely happy about this because of my conviction that our so-called criminal justice system is deeply screwed up.

Which brings me to something that is definitely good News.

Early this month, Manhattan District Attorney Alvin Bragg announced sweeping changes to the borough’s criminal justice system. Among other changes, he said prosecutors should no longer seek prison sentences of more than 20 years except in exceptional circumstances and urged them to only pursue prison for the most serious offenses, looking instead to "diversion and alternatives to incarceration." The idea is to shift away from pursuing lesser crimes like marijuana misdemeanors, prostitution, and fare evasion to focus more on violent crime including guns and domestic violence.

The Sentencing Project applauded the changes, noting it has previously recommended a 20-year cap on prison sentences and noting that "Virtually no other nation in the world routinely pursues extreme sentences beyond 20 years. The United States is a clear and appalling outlier."

But of course Bragg faces extreme vituperation from the usual suspects, including right-wing grifters going on about "bloodbaths"and cops, including city Police Commissioner Keechant Sewell, who sent an email to every member of the NYPD saying "I am very concerned about the implications to your safety" - or, in other words, "Look out, he's gonna get you killed." Although I strongly suspect she's more fearful for the impact on her department's budget than any on the safety of cops.

It remains to be see how strong Bragg can be in the face if the vicious reactions, ones he surely should have seen coming, but at the very least a marker has been laid down: This can be a notion of what "defund the police" can look like in practice. And that is decidedly Good News.

046 The Erickson Report for January 20 to February 2

 



046 The Erickson Report for January 20 to February 2

Good News
- Cyber Ninjas closing
https://www.cnn.com/2022/01/07/politics/cyber-ninjas-shutting-down-arizona/index.html
https://www.kgun9.com/news/local-news/spokesman-cyber-ninjas-is-being-shut-down
=
- Climate protesters acquitted
https://www.commondreams.org/news/2022/01/14/juries-get-it-climate-activists-acquitted-after-train-protest
=
- Group wins fight to feed hungry
https://www.commondreams.org/news/2022/01/05/after-7-years-anti-war-group-fed-hungry-wins-fight-fort-lauderdale
=
- Migrant arrest unconstitutional
https://www.msn.com/en-us/news/crime/migrant-s-arrest-under-operation-lone-star-ruled-unconstitutional/ar-AASNlbK
=
- Police reform in NYC
https://apnews.com/article/ahmaud-arbery-georgia-race-and-ethnicity-sentencing-savannah-0d1a8ed25f1a075844160f253a9d0535
https://www.commondreams.org/newswire/2022/01/07/extensive-research-supports-manhattan-das-new-20-year-cap-prison-sentences-says
https://newyork.cbslocal.com/2022/01/09/manhattan-district-attorney-alvin-bragg-criminal-justice-reform-marijuana-guns-crime/
https://www.sentencingproject.org/
https://www.sentencingproject.org/publications/no-end-in-sight-americas-enduring-reliance-on-life-imprisonment/

The Death Penalty and Criminal Justice
https://www.aol.com/news/oklahoma-prepares-execute-man-1985-050314469-184404277.html
https://theforgivenessfoundation.org/2021/11/09/bigler-stouffer-executed-on-december-9-2021-in-oklahoma/
https://deathpenalty.org/innocence-isnt-enough-here-arizona-tells-scotus/

The Threat to Voting Rights
https://www.commondreams.org/news/2021/12/21/gop-tidal-wave-voter-suppression-set-intensify-2022-analysis-warns
https://www.brennancenter.org/our-work/research-reports/voting-laws-roundup-december-2021
https://www.commondreams.org/news/2022/01/14/half-mail-ballot-requests-rejected-key-texas-county
https://www.aol.com/news/texas-rejects-hundreds-mail-ballot-232705241-022957930.html
https://www.commondreams.org/news/2021/12/24/packing-and-cracking-new-lawsuit-challenges-south-carolinas-racial-redistricting
https://www.commondreams.org/newswire/2022/01/07/splc-georgia-voters-and-voting-rights-groups-challenge-georgias-racially
https://www.splcenter.org/sites/default/files/georgia_redistricting_complaint_01072022.pdf
https://www.nccourts.gov/assets/inline-files/22.01.22%20-%20Final%20Judgment.pdf
https://www.commondreams.org/news/2022/01/12/victory-ohio-supreme-court-strikes-down-gop-partisan-gerrymandering
https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2022/2022-ohio-65.pdf
https://www.commondreams.org/news/2022/01/14/ohio-supreme-court-strikes-down-rigged-congressional-maps
https://www.commondreams.org/views/2022/01/08/whats-next-corporate-democrat-plotters-voting-rights
https://www.washingtonpost.com/politics/2022/01/05/eca-jan-6/

Free Speech for Me
https://www.nytimes.com/2022/01/14/us/supreme-court-football-coach-prayer.html



Saturday, December 12, 2020

The Erickson Report for December 9 to 22, Page Nine: Some good election news for progressives

The Erickson Report for December 9 to 22, Page Nine: Some good election news for progressives

We end this time with one last quick look at the election to note not only that according to one analysis, the Democrats may have done about as good as they might and the predictions of large gains were more a matter of over-optimism than facts on the ground but more importantly that, as Jim Hightower points out, for all the hand-wringing about down-ballot losses 2020 was hardly a debacle and for progressives in particular, it was not all that bad a year.

For one thing, there are about a dozen more progressives in Congress than there were before, making it harder for the establishment Democratic Party to continue its long practice of sidelining progressive proposals - not that they won't continue to try.

Progressives also won hundreds of local offices including, significantly, a number of races for sheriffs, district attorneys, and other criminal justice positions, including across the south.

It's an illustration of the growing - slowly growing but growing - progressive prosecutor movement, taking criminal justice reform, a publicly-popular and, 2020 showed, election-winning program, directly to the nuts and bolts of the system.

Not only in not so unexpected areas as California, but, the New York Times reports, in cities and counties in Geogia, Florida, Michigan, Texas, Colorado, and Ohio, overcoming the predictable resistance from police unions.

So we should, plagerizing Joe Hill, not mourn but organize. Think of 2020 as one of the 101 blows in the old parable of the stonemason. And carry it on.

 
// I Support The Occupy Movement : banner and script by @jeffcouturer / jeffcouturier.com (v1.2) document.write('
I support the OCCUPY movement
');function occupySwap(whichState){if(whichState==1){document.getElementById('occupyimg').src="https://sites.google.com/site/occupybanners/home/isupportoccupy-right-blue.png"}else{document.getElementById('occupyimg').src="https://sites.google.com/site/occupybanners/home/isupportoccupy-right-red.png"}} document.write('');