3 Ocak 2013 Perşembe

Don't be surprised: Number of Texas traffic tickets declining

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The editorial board at the Austin Statesman opined yesterday that, "We were surprised to learn that the number of traffic tickets issued each fiscal year by Austin police officers has decreased sharply over the past three years, from 264,428 in 2009 to 133,852 in 2012, as reported by the American-Statesman’s Dave Harmon and Tony Plohetski." Their surprise is disappointing because the Statesman editors would have been fully informed of the trend had they been regular Grits for Breakfast readers, e.g.:
  • Austin police gave 26% fewer traffic tickets in 2011
  • Most larger Texas police departments wrote fewer traffic tickets in 2011
  • Reduction in federal pork one cause of fewer Texas traffic tickets
  • Why are Texas cops writing fewer traffic tickets?
The news story accompanying the editorial ("Traffic citations plummet in Austin and other major Texas cities," Jan. 1) updated data from those missives, informing us that:
Nine of the state’s 10 most populous cities had fewer traffic cases filed in municipal court in 2011 than the previous year, according to statistics from the state Office of Court Administration. (San Antonio was the lone exception, with 16 percent more traffic cases.)
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Even Texas Department of Public Safety troopers issued an average of 443 fewer tickets per day in 2011 than they did in 2008 on Texas highways — a 14 percent drop, although the number remained virtually the same from 2010 to 2011. The slowdown has come as the state’s population continues to grow.
The paper quoted Austin Police Chief Art Acevedo insisting that "there’s a direct correlation between traffic enforcement and bad outcomes," but at least for fatalities, that doesn't jibe with the data. The newshook for the story was that Austin traffic fatalities increased this year, but statewide traffic deaths have declined in recent years despite hundreds of thousands of fewer traffic tickets being written statewide. The Statesman reported in August that:
In 2010, ... the state saw 3,028 traffic deaths and about 234 billion miles of driving, the audit said.

That equates to 1.29 deaths per 100 million miles driven, the formulation used by the National Highway Traffic Safety Administration for evaluating road safety.
In 2006, by comparison, the death rate was 1.5 deaths per 100 million miles traveled in Texas. The rate fell every year between 2006 and 2010.
If Acevedo were right that there's a "direct correlation" between traffic enforcement and fatalities, then why have traffic deaths declined statewide even as police in Texas dramatically reduced the number of tickets written? That bit of conventional wisdom doesn't match the statewide data. Any correlation is at best indirect and much stronger correlations may be found, for example. between declining traffic deaths and improved medical techniques, expanded access to regional trauma centers at hospitals, and better safety equipment in the vehicles themselves.

Indeed, singular focus on traffic enforcement contributes to government ignoring other factors leading to reduced accidents, like improved traffic engineering and public transportation. My own view is that within a couple of decades, perhaps sooner, we'll see traffic deaths plunge even further thanks to technological advances that reduce or eliminate driver error. If and when that happens, it will fundamentally change the role and tactics of local police, who in Austin, despite recent declines, presently spend more time writing traffic tickets, according to a consultant's 2012 staffing analysis (pdf), than on any other activity.

Private prison news 2012 retrospective

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The blog Texas Prison Bidness has posted its top six private prison stories of 2012. Check them out here:
#1 - Momentum Builds To Close CCA's Dawson State Jail
#2 - GEO Group Loses Bid to Expand Mental Health Care Operations, Take Over Kerrville State Hospital 
#3 - CCA Offers To Buy State Prisons in Return for 90% Occupancy Guarantee, Gets Rejected 
#4 - Conditions at Two Texas Detention Centers Highlighted In "Expose and Close" Campaign 
#5 - Momentum Grows Against Private Prisons Nationally 
#6 - The Ballad of Liberty County

Appellate court refers habeas writ applicant for perjury prosecution

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Last week, Grits pointed to a rare pro-Fourth Amendment ruling by the Texas Court of Criminal Appeals in which the court found that "videotape presents indisputable visual evidence contradicting essential portions of [the officer's sworn] testimony." The court also pointed out a gaping flaw in the state's argument that the officers hadn't committed criminal trespass by remaining in the defendant's home without probable cause after she'd asked them to leave: The Legislature didn't create an exception to the criminal trespass law for police officers until 2009, a year after the incident in question. Some commenters wondered why the judges didn't refer the case for prosecution for perjury or criminal trespass, and I'd replied, "To be fair, ... it's not like the judges on the CCA can initiate prosecutions. They don't have that power."

Well, my intuition on that question was wrong. The Texas District and County Attorney's Association User Forum recently highlighted a case where the CCA referred a perjury charge to prosecutors based on alleged lies by a prisoner in a writ of habeas corpus. Reported the Lubbock Avalanche Journal ("Scurry County inmate accused of lying in appeal application," Dec. 13)
The Texas Court of Criminal Appeals ... rejected Michael Wayne Gaither’s application for a writ of habeas corpus and, noting what trial Judge Ernie Armstrong had identified as perjured statements, sent a copy of the ruling to the appropriate prosecutor with a suggestion to “take such action as he may deem appropriate.”

Judge Cathy Cochran wrote for the court: “The act of filing a perjurious application is an affront not just to this court, but to the criminal justice system generally, as well as to all citizens — especially those inmates with potentially meritorious habeas claims.”
So the CCA can refer cases for prosecution, if they choose, presumably just like anyone else who reports a crime. Not sure I've seen that before.

On its face one might infer a double standard looking at the two episodes. But in this instance, the statute of limitations would have run out on potential perjury or criminal trespass charges against police for events that occurred in 2008. So one can't blame the CCA for not referring those particular charges to prosecutors. Going forward, though, Grits will keep an eye out for other, comparable situations where the statute of limitations hasn't expired to see if what's good for the goose is good for the gander.

Use of crime victim funds for nonprofit pork depleted account

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The Austin Statesman reported today that the use of Texas' Crime Victim Compensation Fund to dole out grants to nonprofits has depleted the fund, which was originally designed to reimburse expenses of crime victims. Reported the paper ("State funds for crime victim services organizations at risk," Jan. 2):
steep declines in the state Crime Victims’ Compensation Fund mean ... victim services programs across the state ... might have to be eliminated or reduced.

The compensation fund, which reimburses victims of violent crime for expenses not covered by insurance or restitution, has seen a declining balance since Texas lawmakers decided about a decade ago to tap into the fund to support programs serving battered women, sexual assault victims and abused children.

Two years ago, amid a state budget crunch, legislative leaders used the fund to pay for victim services programs that had previously been paid for from the state’s general fund. As a result, since 2001, the fund’s balance of $269 million has slowly eroded and will be nearly depleted by the end of August.

The state attorney general’s office, which administers the fund, has said legislative action will be needed to preserve the fund’s financial stability. Grants awarded to victim services organizations might have to be reduced by 57 percent, said Marla Johnson, executive director for the Hays-Caldwell Women’s Center.

In 2011, more than $39 million in grants was awarded to 437 nonprofit organizations and government agencies that serve crime victims, according to the attorney general’s office, including domestic violence shelters and victim advocacy centers.

Money for the fund comes largely from court costs imposed on defendants in misdemeanor and felony criminal cases. Since 2008, there has been an estimated 3 percent average decline in those collections, according to the attorney general’s office.
For reference, here's a list of the 2012 grantees. Brandi Grissom at the Texas Tribune had a story last year presaging this development.

The Legislature created this problem by raiding the fund and they could easily fix it by throwing more money at it. OTOH, that response may not jibe with the Governor's budget compact or the predilections of an army of small-government Tea-Party aficionados at the Lege. Cutting funds for popular pork projects is the sort of thing that puts one's fiscal conservatism directly to the test.

'America's real criminal element: Lead'

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Kevin Drum at Mother Jones has an essay with the same title as this post articulating one of the most robust among many competing hypotheses regarding the remarkable drop in US crime rates over the last 20 years: That it correlates with the presence of lead (Pb) in the the environment. Concluded Drum, provocatively, "If you gave me the choice, right now, of spending $20 billion less on prisons and cops and spending $20 billion more on getting rid of lead, I'd take the deal in a heartbeat."

The theory has been around for a number of years but Drum does a good job explicating the subject for those unfamiliar with the research.

2 Ocak 2013 Çarşamba

Scroggins, Robert Price (20 Feb 1928 - 23 Dec 2012) [tba]

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Mark Griffith Funeral Home, Robert Scroggins, ca. 26 Dec 2012
Memorial for Robert Scroggins

Service information has not yet been posted.

Robert Price Scroggins

Age 84 Years

Date of Birth - February 20th, 1928 in Lawrence, Kansas

Date of Death - December 23, 2012 in Tulsa, Oklahoma

Survived By

Daughter
Lisa Grummer of Tulsa, Oklahoma

Granddaughters
Susan Tran of Tulsa, Oklahoma
Tasha Cosby of Tulsa, Oklahoma
Melody Scroggins of Tulsa, Oklahoma
Stephanie Dalati of Tulsa, Oklahoma
Liz Fuller of Tulsa, Oklahoma

Great Grandchildren
Ashley Tran - Kai Tran - Gus Cosby - Brian Cosby
Aaron Williams - Sarah Kahn - Scan Dalati - Aliya Ahmed
Joan Ahmed - Eric Fuller - Ashley Fuller

He served in the United States Air Force and worked as a Truck Driver.
He enjoyed Watching TV, Mechanical Work and Jewelry Making.

His services have been entrusted to the loving care of the
Mark Griffith Memorial Funeral Home - Westwood Chapel in
Tulsa, Oklahoma and will be announced at a later date.

Online condolences and guestbook are available at
www.markgriffithmemorialfuneralhomes.com

Scrogham, Earl (14 Oct 1942 - 27 Dec 2012) [51362]

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Find A Grave, Earl Scrogham, 31 Dec 2012

Earl Scrogham

Birth:     Oct. 14, 1942
Shelby County
Kentucky, USA
Death:     Dec. 27, 2012
Frankfort
Franklin County
Kentucky, USA

Published in The Sentinel-News from December 31, 2012 to January 7, 2013

Earl Scrogham

Earl Scrogham, age 70, passed away on Thursday, December 27, 2012 in Frankfort, Kentucky. He was a member of Faith Baptist Church in Bridgeport and a member of Kentucky Trailblazers. He was preceded in death by parents, Jesse and Mamie Scrogham and sister, Virginia Husband. He was survived by wife, and five children, one brother, two sisters, and four grandchildren. Funeral services were held 12 noon Monday, December 31, 2012 at the Shannon Funeral Home with Rev. Everett Hawkins officiating. Burial is at Grove Hill Cemetery.

Burial:
Grove Hill Cemetery
Shelbyville
Shelby County
Kentucky, USA

Edit Virtual Cemetery info [?]

Created by: CeM
Record added: Dec 31, 2012
Find A Grave Memorial# 102876864

Update on KCOH - Movin' on Up UPDATED

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It was announced this morning on the air, KCOH will be moving to the 1230 spot on the dial, where the call letters KQUE have been in use.  The current programming will continue, operating out of the KCOH picture window studios on Almeda.

The Chronicle story has more details.

UPDATE:  WHILE I DON'T USUALLY COVER BREAKING NEWS IN THE BROADCAST INDUSTRY ON THIS BLOG, KCOH IS ONE OF OUR FEW REMAINING HERITAGE RADIO STATIONS; NOT ONLY THAT, IT IS STILL LOCALLY OWNED AND PROGRAMMED IN A DAY OF CORPORATE RADIO, AND THAT'S NOT TO MENTION IT'S SIGNIFICANCE IN THE AFRICAN-AMERICAN COMMUNITY.  SO, HERE'S MORE ON THE PENDING SALE AND MOVE, IN DEPTH, FROM THE FORWARD TIMES.

Trista Sutter's silhouette by Dr. Franklin and Cindi Rose by E.D. Woods

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Trista Sutter’s sculpting by Dr. Franklin and Cindi Rose

Lucky for the Bachelorette’s and Bachelor’s that Erica Rose’s father is famous plastic surgeon Dr. Franklin Rose, and her mom is noted silhouette artist, Cindi Rose. It makes the contestants and winners look and stay beautiful. Recently, the first reality Bachelorette, Trista Sutter, met up with Bachelor legal star, Erica Rose, and discussed her wanting an updated look. Although Erica thought Trista looked beautiful, she referred her to her father (who would never operate on his family). Trista had been admiring Emily Maynard’s plastic surgery, and did not want to be Bachelorette history. For her first meeting, in Franklin Rose’s hometown, Aspen, Colorado, Trista drove in from Vail. The petite beauty was met by Franklin and Cindi Rose.

As always, Cindi took out her surgical scissors and in a minute sculpted the world’s darling’s profile. Trista loved it, and signed it with her good-valued signature. Trista commented that her children would love Cindi Rose’s artwork. Her real concerns however was, a drop of fat, droopy eyes, and breasts that were not what they were pre-children.

Franklin Rose, a board-certified MD, who studied at Yale, Manhattan Eye and Ear, and Baylor College of Medicine, booked the soon to be 40 year-old at his doctor owned surgical center, First Street in Houston, Texas.

Trista got small breast implants, and the tired look erased from her lovely blue eyes with upper and lower eye lifts. In her pre and post-op photos it appears that she may have had liposuction. Word is that there is a room in The Rose Home devoted to patient care, and that after a luxurious stay at First Street Hospital (with culinary meals and wait staff), patients recover with Cindi Rose’s low-fat, organic nutritious meals and care. No wonder, the most beautiful men and women in the country get on Bachelor and Bachelor Pad, they have a connection—Erica Rose’s father. Unlike what people would think, Erica’s perfect size 4, 5’ 8” figure is natural. Her mother and grandmother where former beauty contest winners, and it is a natural for Erica. Read Life & Style Weekly to see Trista’s before and after plastic surgery photos and decide yourself, if she did or did not also have liposuction. I think somewhere there is also word that there could be a book coming out about parenting, and being in love, penned by no-other than America’s darling, Trista Sutter!


YOU ARE INVITED to Karen and Roland Garcia's Annual Halloween Bash and Light Show - Sat. Oct. 27th, 2012

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YOU ARE INVITED to Karen and Roland Garcia's Annual Halloween Bash and Light Show - Sat. Oct. 27th, 2012
Can you believe it’s Halloween again!  Ready for some scary fun?!
You and your guest are invited to Karen and Roland Garcia’s Annual Halloween Bash and Light Show on Saturday, October 27th from 7:00 p.m. to midnight at their home, 46 East Rivercrest, Houston, TX 77042.   Costumes are preferred.  The light show will start at 8:30 p.m., with different shows every hour.   You will not want to miss it!  There will be tricks, treats, food, drinks, a photo booth, silhouettes, astrology readings, complimentary valet for parking, and more.    Contributions in any amount are encouraged at the door, but are not required, to the Holly Rose Ribbon Foundation, a nonprofit organization which provides help for uninsured and underinsured cancer patients of all ages and genders including psychological support, alternative wellness treatments, free reconstructive surgery and free wigs in the US and globally. 

Please RSVP your attendance and the name of your guest to Patty Finch at finchp@gtlaw.com or call Patty at 713-374-3544.  We look forward to seeing you on October 27th!
Hope you can come!!

Roland Garcia
Shareholder

Greenberg Traurig, LLP | 1000 Louisiana Street | Suite 1700 | Houston, TX 77002
Tel 713.374.3510 | Fax 713.754.7510 | Cell 713.598.6284
GarciaR@gtlaw.com | www.gtlaw.com


1 Ocak 2013 Salı

'School shootings, no matter how horrific, do not justify creating an Orwellian surveillance state in America'

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Ron Paul, of all people, expressed views similar to my own "pox on both their houses" perspective on the recent policy debates in the aftermath of the Connecticut elementary school shootings: “Predictably," he declared, as reported by Politico, "the political left responded to the tragedy with emotional calls for increased gun control,” suggesting that, “This is understandable, but misguided. The impulse to have government ‘do something’ to protect us in the wake of national tragedies is reflexive and often well intentioned. … But this impulse ignores the self evident truth that criminals don’t obey laws.” Thank you!

OTOH, Paul blasted the NRA's proposal to place armed police in every school:
He said the federal government should not try to “pursue unobtainable safety” with state-sanctioned security and claimed Democratic and Republican lawmakers have “zero moral authority to legislate against violence.”
“This is the world of government provided ‘security,’ a world far too many Americans now seem to accept or even endorse,” Paul said in a statement on his website. “School shootings, no matter how horrific, do not justify creating an Orwellian surveillance state in America.”

He continued: “Only a totalitarian society would even claim absolute safety as a worthy ideal, because it would require total state control over its citizens’ lives. We shouldn’t settle for substituting one type of violence for another.”
The proliferation of legal guns in America over the last several decades makes their prohibition as fanciful as the prohibition of alcohol or pot. Yes, "we could try." But you'd fail, just as the drug war has failed, just as alcohol prohibition failed. This isn't Europe or Japan, where the populace was disarmed by totalitarian states, or else under martial law after a war, so that strict gun control could be imposed from scratch. In the US, and certainly Texas, it would be many decades before the black market exhausted its supply. The only upside would be for the private prison companies, who are always looking for new categories of citizens to criminalize and incarcerate.

By the same token, in an era when the Obama Administration considers civilian casualties acceptable collateral consequences of extra-judicial executions (read: drone strikes), I couldn't agree more that “Democratic and Republican lawmakers have 'zero moral authority to legislate against violence.'” And his comment about the NRA proposal "substituting one kind of violence for another" could have come straight from Gandhi or Dr. King. Paul's statement expanded on the theme: "Real change can happen only when we commit ourselves to rebuilding civil society in America, meaning a society based on family, religion, civic and social institutions, and peaceful cooperation through markets. We cannot reverse decades of moral and intellectual decline by snapping our fingers and passing laws." Amen, brother. Preach!

I always worry when government makes policy in reaction to some specific, rare event like the mass shooting of first graders. There's an old saying, when you hear hoofbeats, think horses, not zebras. The massacre in Connecticut was a zebra, one cannot reasonably ban everything with hooves in response.

Personally, I find US and Texas gun laws both over- and under-restrictive, in an almost schizophrenic kind of way. For example, it's no doubt too easy for folks diagnosed with a serious mental illness to acquire firearms, and the legal framework governing mental illness is conflicted and generally underdeveloped. We could do much better at getting those in need access to mental health services and supervising, whether in corrections facilities, hospitals, or in the community, people who pose a serious risk of violence when off their meds. Intermediate levels of supervision - perhaps including greater use of preemptive civil commitments - could support compliance with treatment protocols on the front end instead of punishing the mentally ill after something bad has happened. But all that would require a community mental health infrastructure that today doesn't exist. In most places, the county jail is now the area's largest mental health provider. OTOH, if you want to talk about "gun control" aimed narrowly at those with serious mental illness, you'd probably get a lot less pushback than for any kind of general ban.

At the same time, the universal ban on felons possessing firearms ends up sending a lot of folks to prison who've committed no other recent offense, and only a subset of those people (Texas releases more than 70,000 felons from prison every year) are so dangerous they merit a lifetime ban on firearm ownership, as federal law prescribes. Meanwhile there are some misdemeanors, including family violence, that probably merit elimination of gun rights but don't. (In Texas, a domestic violence conviction means you can't own a gun for five years.) Misdemeanors vs. felonies is an arbitrary line.

Certainly I believe the law can be changed in ways that would reduce the number of gun deaths. As our e-pal Dan Kahan recently opined, the most immediate and effective method of reducing the gun death total - though it has nothing to do with lone-gunman school shootings - would be to legalize, tax and regulate marijuana and cocaine. A large proportion of gun deaths - not the least of which are the 60,000 or so in northern Mexico over the last six years - relate to the black-market drug trade. You don't see the makers of Samuel Adams lager engaged in gun battles with Anheuser Busch.

However, there's no public safety benefit from criminalizing common activities and uses by everyday gun owners, especially because there are too many of them. (Long-time readers may recall Grits worked with the Texas State Rifle Association and even authored a public policy report in support of legislation to allow legal gun owners to carry a weapon, stowed securely, in their personal vehicles.) But neither are more guns inherently a good solution. Giving teachers guns to keep in classrooms full of mischievous kids, for example, as has been suggested in Arlington, is a recipe for disaster.

The all-or-nothing debate over guns has turned into another hackneyed, culture-war flashpoint, obscuring more moderate, selective policies aimed at mitigating specific, underlying causes of gun violence. Ron Paul, I fear, is the wrong messenger; the public is so used to ignoring him it's got to be second nature by now. And Grits thinks government should probably play a bigger role in this matter than the Congressman would countenance, along the lines described above. But I'm glad to hear somebody say in the wake of the Sandy Hook tragedy that more, harsher criminal laws aren't the only or even the best solution.

Rare pro-Fourth Amendment ruling from Texas Court of Criminal Appeals

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The SA Express News reported recently on a rare, pro-Fourth Amendment decision from the Texas Court of Criminal Appeals ("Ruling on Kerr drug case holds Fourth Amendment implications," Dec. 18). The story opened:
Christina Miller invited deputies into her home May 8, 2008, to investigate a report of domestic violence and — after they refused her subsequent requests to leave — was arrested when the officers found drugs there.

The trial court and 4th Court of Appeals rejected her argument that the evidence against her was the fruit of an illegal search, but the Court of Criminal Appeals has reversed those rulings.

The court held that Kerr County deputies — who remained in the home as they conducted a warrant check on Miller — had no authority to stay after concluding the violence report was unfounded. Last month, it granted her motion to suppress the evidence and sent the case back to district court.
Reporter Zeke MacCormack summarized, "The central legal issue is whether officers, having completed any investigation required, can remain inside a residence despite being asked to leave. No, ruled the court — deputies should have left and performed the warrant check outside."

The CCA overruled the trial and appellate courts primarily because of police testilying, with the majority opinion declaring that "videotape presents indisputable visual evidence contradicting essential portions of [the officer's] testimony." If the officers had been truthful, their reasons for staying on the premises would have been justified, but video provided "indisputable visual evidence" to the contrary, held the court.

This will likely affect procedures at many if not most Texas departments. At a suppression hearing, the detective involved declared that, "It it pretty standard for us to, when we're in contact with someone, await until we get the warrant check before we break contact with them." Such "standard" protocols now must change or risk evidence being thrown out in yet more criminal cases.

Here's the opinion, written by Judge Johnson, and here's a dissent from Judge Keller, joined by Judge Hervey.

Two exonerees named Dallas News' 'Texans of the Year'

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The Dallas News has named exonerees Michael Morton and Christopher Scott "Texans of the Year" for initiating advocacy efforts in the wake of their release from prison stints served for false murder convictions. See their feature writeup describing the men's cases and advocacy efforts after release. An accompanying article portrays some of the reentry difficulties faced by exonerees addressed by Mr. Scott's nonprofit, the House of Renewed Hope. See coverage of the other Texan of the Year nominees here.

'Make forensic evidence meet standards of science'

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A Texas A&M professor and former FBI forensic scientist teamed up to author a column in the Austin Statesman today titled "Make forensic evidence meet standards of science." The article opens:
For decades, largely unrealized by judges, many of the forensic practices admitted into judicial proceedings have been without scientific foundation or any other logically acceptable basis other than observational (inductive) study by experimenters untrained in experimental process.

Most troubling are the declarations of certainty associated with proffered expert opinions in those unfounded practices as expressed by examiners in criminal proceedings, such as in firearm/toolmark identification.

Despite the lack of true scientific foundation, firearm/toolmark examiners typically state to a practical certainty that a defendant’s gun was the only possible firearm that could have fired the fatal bullet in a murder. The identification is made on the basis of scratches (striae) and/or impressions on the bullets and comparisons with defendants’ guns.

When examiners confidently declare individualizations (specific source attributions) between crime scene evidence and evidence seized from an eventual defendant without adequate foundational statistical studies, the testimony constitutes nothing more than intuited opinion or speculation, even if an educated guess, rather than evidence-based testimony.

Largely because there has been little or no extrajudicial interest in most forensic practices in past decades other than DNA, forensic procedures such as hair and fiber analyses, bitemarks and comparative bullet lead analysis (CBLA) were developed through empirical induction (observational study) by the practitioners themselves, almost exclusively nonscientists. As noted by a 2009 National Academy of Science committee report, “The fact is that many forensic tests — such as those used to infer the source of firearms or bitemarks — have never been exposed to stringent scientific scrutiny. Most of these techniques were developed in crime laboratories to aid in the investigation of evidence from a particular crime scene, and researching their limitations and foundations was never a top priority.”

Although observational study (induction) is a useful basis for decision-making in everyday life (e.g., purchasing a vehicle or new shoes based on favorable outcomes of past transactions), it is a particularly tenuous process for forensic experimentation or scientific hypothesis testing without appropriate statistical inference.
Read the rest of this informative column here.

Texas 'state jails' strayed far from their original purpose

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State jails have deviated far from their original purposes, reported Mike Ward in the Austin Statesman ("State jails struggle with lack of treatment, rehab programs," Dec. 30), to the point that most people in them aren't actually state jail felons: As of the end of October, "just 11,802 were serving time for state jail offenses. Another 13,530 were regular convicts." (In Texas, "state jail felony" is an official euphemism for what in other states would be a "fourth degree felony.") Moreover, those facilities produce worse outcomes than regular prisons: "Today, Texas’ 20 state jails have a higher recidivism rate than state prisons: 33 percent of state jail felons are convicted of new crimes, compared with 26 percent of regular prisoners. The state jails also have fewer treatment and rehabilitation programs than many of the regular prisons — the opposite of the original goals."

In many ways, wrote Ward, the rise of drug specialty courts focused on strong probation have made the original state jail concept obsolete: "many of the newly classified 'fourth-degree' felons were diverted to other community-based programs and specialty courts" as local judges became more confident in strong probation methods:
When state jails were established, Jefferson County Judge Larry Gist recalled that courts were supposed to use them in conjunction with community supervision programs or to “get the attention” of a defendant who was resisting a change to a no-crime, no-drugs lifestyle.

Within a few years came the inception of so-called drug courts, which handle only drug cases and tailor treatment and punishment to fit each offender. As more low-level drug offenders went through those courts, which often sentenced them to community supervision and occasional nights in the county jail for violations — fewer judges were interested in sending defendants to a state jail miles away, especially if there might be a better result by handling the case locally.
A sidebar to the story identified the following reform proposals for state jails:
  • Allowing convicts housed in state jails to be paroled, so they could be kept under supervision after they leave state custody, instead of completing their sentence and being released to the street. Currently, they can serve up to two years with no chance for parole and often without any early release time credits that regular prison convicts are eligible for.
  • Restarting intensive drug and alcohol treatment programs that were to be a cornerstone of the state jails but were downsized a few years after they opened and slashed when the state budget was drastically cut in 2003.
  • Require that all prisoners convicted of state jail felonies be sentenced first to community supervision, as was intended when the program was established, rather than allowing judges to send offenders directly to a state jail. Many judges found it too costly to bring offenders back and forth to court from a state jail when they could instead sentence them to local treatment programs paid for in part by the state.
  • Better integrate treatment and rehabilitation programs behind bars with so-called aftercare initiatives, so state jail inmates can return home under supervision that could help reduce the chances of recidivism.
While legislators have been discussing similar reforms for several years, much credit for recent momentum on this score goes to the Texas Public Policy Foundation's Jeanette Moll, who authored a recent public policy report promoting these and similar reforms. See her report and a recent op ed column she wrote for more background on proposals for state jails coming out of that conservative think tank.

See past, related Grits posts:
  • Advocates on right and left say reform state jail statutes, close more prison units
  • Raising theft categories to account for inflation would generate state jail savings
  • Media discussion on eliminating state jails lack nuance 
  • State jail creators: Don't kill our baby
  • The end of state jails?
  • Harris County DA: Revamp state jails