CA could lead in criminal justice reform

Three bills on Governor's desk

Three of the most common causes of wrongful conviction are mistaken eyewitness identification, false confessions, and fabricated statements of informants.

California is poised to address all three of those problems, through major criminal justice reform bills now sitting on the Governor's desk. The bills would:

• require electronic recording of police interrogations in serious felony cases (Senate Bill 511)

• appoint a task force to draft guidelines for police line-up procedures to increase the accuracy of eyewitness identifications (Senate Bill 756)

• require the corroboration of testimony from jailhouse informants (Senate Bill 609)

The ACLU of Northern California has a quick and easy online form that allows people to send a letter to Gov. Arnold Schwarzenegger, urging him to make California a leader in criminal justice reform by signing these bills into law.

Congressional journal highlights APA torture debate

The struggle over the role of psychologists in military interrogations is reaching the halls of Congress. Today's issue of Congressional Quarterly features an article by Shawn Zeller, entitled "Torture Issue Ties Up Psychologists Association":

You'd think that psychologists, of all people, would know torture when they see it. But the leaders of the American Psychological Association, the profession's governing body, have been trying for more than two years to quell a faction of vocal dissidents who say the group tacitly condones U.S. military and intelligence use of coercive tactics.

The latest blow-up came last month at the association's annual meeting in San Francisco. The dissidents, calling themselves Psychologists for an Ethical APA, pushed for a moratorium on psychologist participation in military interrogations. The association's governing council eventually rebuffed that crusade, winning adoption instead of a new policy barring psychologists from participating in more than 20 kinds of torture techniques - including "mock executions, water-boarding or any other form of simulated drowning or suffocation, sexual humiliation, rape," or "cultural or religious humiliation."

But the dissident psychologists aren't satisfied, by a long shot. They're angry that the association "avoided saying outright that all aversive interrogation techniques are prohibited," says Steven Reisner, a leader of the disaffected group who's a New York University psychoanalyst. What's more, he says, the APA's vote means psychologists may still participate in aversive methods as long as they aren't employed in a formal interrogation - effectively condoning controlled use of methods such as sleep deprivation, which other groups have condemned as torture. It's the dissidents' belief that the APA is striving to protect the professional standing of members who work for the Pentagon or CIA - and to keep the association's own relationship with those agencies in good repair.

Reisner's group is fighting on two fronts. It's asking APA members to withhold their dues until the association produces a more forceful denunciation of torture and aversive interrogation techniques. And Reisner says he and his colleagues also plan to lobby state psychological associations to adopt stricter rules. They have also provided information about the APA’s internal debate on the issue to the Senate Armed Services Committee.

The article continues at Congressional Quarterly's web site.

Exiles in their own land: Sex offenders and the history of banishment in Western culture

Adam and Eve were banished from Eden. Much later, in 12th-century England, criminals could use banishment to escape death providing they had fled to a sacred place for sanctuary. Still later, convicts were banished to far-away prison colonies, among them the United States and, later, Australia. Banishment served the same function as execution, but “without the blood.” This form of banishment ended with the ebbing of new frontiers.

Now, in sex offender residency laws, we are seeing a new form of banishment – internal exile – that may fundamentally change the U.S. criminal justice system and the broader culture.

So argues Corey Rayburn Yung, a law professor at the John Marshall Law School, in a cogent analysis of the history and legal status of banishment.

At this point, residency restrictions have not seen their full effects. As I write, parole agents armed with GPS devices are fanning the state of California, knocking on ex-offenders’ doors and telling them to move. (See today’s Contra Costa Times for the latest news coverage as well as an interesting map illustrating the scope of the banishment in the San Francisco Bay Area.)

As large, urbanized states begin to enforce the restrictions, exile communities will develop. It is frightening to think of the unintended consequences of creating communities made up almost entirely of male sex offenders, where sexual deviancy will become the norm. Or of forcing those who reject these offender ghettos to disappear underground, where they will go unmonitored and unemployed, creating another recipe for recidivism.

Yung’s article, from the current issue of the Washington University Law Review, is available online.

Photo: Masaccio's Die Vertreibung Adams und Evas aus dem Paradies, public domain at Wikimedia

Sex offender laws harmful, human rights group warns

In a landmark study released yesterday, the largest human rights organization in the United States is calling for a dramatic reversal of sex offender policies.

Cataloging the far-reaching damage being done under the guise of protecting children, the 146-page report by Human Rights Watch urges an end to residency restrictions, online registries, and the registration of juveniles. Registration in general should be limited to those convicted of serious offenses who represent a demonstrated danger.

"Politicians didn't do their homework before enacting these laws," said Sarah Tofte, one of the researchers involved in the large-scale investigation. "Instead they have perpetuated myths about sex offenders and failed to deal with the complex realities of sexual violence against children."

It takes courage to publicly stand up for the rights of society's most demonized members. Human Rights Watch should be applauded for stepping forward.

"No Easy Answers: Sex Offender Laws in the United States" is a well-researched and thoughtful analysis. So, put on your reading glasses and turn on your printer. Then pass it along to everyone you know who is concerned about human rights.

Federal court strikes down portion of Adam Walsh Act

In a potentially important legal challenge, a federal appellate court has struck down part of the Adam Walsh Child Protection and Safety Act of 2006.

The Act, hailed by Sen. Orrin Hatch as "the most comprehensive child crimes and protection bill in our Nation's history," created a National Sex Offender Registry to identify, track, and confine sex offenders.

Friday's ruling, by the U.S. District Court for the Eastern District of North Carolina, strikes down the civil commitment portion of the law.

The law's "failure to require a court to find beyond a reasonable doubt that a person has engaged or attempted to engage in sexually violent conduct or child molestation prior to permitting the individual's indefinite involuntary civil commitment as a sexually dangerous person constitutes a violation of due process," states the ruling in U.S. v. Comstock.

The Act allows for civil commitment based on the lower legal standard of "clear and convincing evidence."

The challenge was brought by the North Carolina Federal Public Defenders on behalf of Graydon Comstock, who was sentenced to a 37-month prison term for receiving computer pornography via computer. After his prison term ended on Nov. 8, 2006, the government certified him as a "sexually dangerous person" under the civil commitment provision of the Walsh Act and kept him in confinement.

Grayson will not automatically go free as a result of Friday's ruling, as the court stayed imposition to give the government a chance to appeal.

The legal decision may portend a split among appellate courts on the constitutionality of the new law, according to law professor Corey Rayburn Yung, who posted about the decision on his "Sex Crimes" blog. See his blog for legal analysis and additional links.

New book highlights prisoner reentry obstacles

Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration
by Devah Pager, Princeton University sociologist

From my Amazon review:

If this depressing book cannot convince people that racism is alive and well in America today, I don't know what could. Dr. Pager reports on an empirical research project in which teams of well-put-together white and black college students went job-hunting in and around Milwaukee, with one member of each team "marked" as an ex-convict. What she found is astonishing. Black job applicants WITHOUT drug convictions fared no better than white ex-cons WITH convictions; with "two strikes" against them, black men with a (bogus) drug conviction had slim odds of getting a call-back from a prospective employer. This problem was especially pronounced in the suburbs, which are gaining an increasing proportion of jobs despite the fact that many job-seekers remain in the cities. Dr. Pager includes informative and well-written chapters on the state of mass incarceration in the United States today, as well as the massive and growing problem of prisoner reentry. With more than 600,000 people pouring out of prisons each year, Dr. Pager's book is a must-read for anyone concerned with the public policy aspects of the reentry problem. This is yet another excellent entry into the recent crop of books cataloging the collateral consequences of mass imprisonment. (See my Amazon list "Prison World" for more.)