Two thought-provoking studies examine the incidence false confessions and false convictions, and their impact on our communities. If the goal of our justice system is to obtain convictions, then nothing is wrong. On the other hand, if our goals are justice and safer communities, then the studies point to serious problems that must be addressed.
Each wrongful conviction and imprisonment leaves the true perpetrator free, further endangering the community. It also exposes government to large judgments for damages.
Most important, it denies justice to the wrongly convicted and to the victim. As Judge Bill O’Neil says, “We need to stop processing files and start doing justice one person at a time.” Links to both studies as well as other articles can be found in the “Wrongful Convictions” section of this Justice eReport.
California’s Three Strikes law continues to generate controversy. A panel of the Ninth Circuit has ruled that a 25-years-to-life sentence for stealing a $199 VCR amounted to unconstitutional "cruel and unusual punishment." The court found the sentence "grossly disproportionate to the crimes committed, in violation of the 8th Amendment".
It appears that an initiative that would amend California's "three-strikes" law to prohibit such nonviolent felonies from triggering lifetime prison sentences appears will soon be on the ballot. Citizens Against Violent Crime submitted nearly 700,000 petition signatures, far more than the 373,816 needed to qualify for the November ballot. The petition drive was headed by Joe Klaas, grandfather of Polly Klaas, a 12-year-old girl kidnapped from her bedroom during a slumber party and killed by parolee Richard Allen Davis in October 1993. This initiative has caused a split in the Klaas family. Polly’s father, Mark, opposes the initiative. News stories and resources on Three Strikes can be found in the “Offenders” section.
Also in the “Offenders” section, John Graff , Justice Fellowship’s Manager of Operations, reviews “Gates of Injustice” by Alan Elsner. John finds Elsner’s book presents “the case for criminal justice reform comprehensively and with clarity, specificity and authority. Citing court cases, using the extensive statistical library of the Justice Department, drawing on news reports and on his own travel, interviewing and investigating over a period of several years, Elsner has produced a work deserving---indeed demanding---attention.” I join John in urging you to read this very important book.
In His service,
Pat Nolan, President
Justice Fellowship
Community
Blue Blood: Cop Memoir
Early in this sprawling, wry, opinionated, beautifully written memoir, Edward Conlon writes that he laughs a little whenever editorials denounce police power. To a patrolman, he says, the job doesn't seem very powerful. Charged to embody lofty ideals, cops are jerked around by politicians, superiors and just about everyone else; they are mistrusted from within and without. (The New York Times, April 18, 2004)
Resources
Citizens Against Violent Crime
Families to Amend California’s Three Strikes Law
150 Three Strike Stories
Jailed Women's Abuse is National Scandal
Sixteen months after a judge ordered Alabama to end horrific conditions and abuse at the state's Julia Tutwiler Prison for Women, information that emerged last week shows that, for some inmates, the suffering has only gotten worse. (Women’s eNews, April 14, 2004)
See also
Improve Prison Education (San Francisco Chronicle, April 12, 2004 )
Juveniles
Maryland Approves Sweeping Juvenile Justice Reforms
The General Assembly approved an extensive but slow makeover of Maryland's juvenile justice system, in hopes of emulating a lengthy reform effort in Missouri that has lowered recidivism even while cutting costs. (The Baltimore Sun, April 13, 2004)
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