Criminal cases in the October 2018 term: A law professor’s dream

Criminal cases in the October 2018 term: A law professor’s dreamApplying a broad definition, 13 of the 38 cases in which the Supreme Court has granted review for the upcoming October 2018 term raise criminal law and related issues. (A few more will be granted in the “long conference” order list to be released September 27.) This is about average: Between a quarter to a […]

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Criminal cases in the October 2018 term: A law professor’s dream

Applying a broad definition, 13 of the 38 cases in which the Supreme Court has granted review for the upcoming October 2018 term raise criminal law and related issues. (A few more will be granted in the “long conference” order list to be released September 27.) This is about average: Between a quarter to a third of cases decided by the court every year are criminal-law-related. But this term the docket feels a bit special: As I explained to the American Bar Association in my “Annual Review of the Supreme Court’s Term, Criminal Cases” last month, October Term 2018 might be described as a criminal law professor’s dream.

First-year criminal law: What are the “elements” of burglary and robbery?

This question may take lots of lawyers back to fond, or painful, memories of their 1L law school year. In every criminal case, the prosecution is constitutionally required to prove the “elements” of the crime – that is, the “facts necessary to constitute the crime,” as the court put it in 1970 in In re Winship. “What are the elements of Crime X?” is the stuff of first-year final exams, as well as multiple-choice questions found on the Multistate Bar Exam.

On October 9, the court will spend two hours hearing oral arguments in three cases (two are consolidated) that ask what the “generic” elements of the common law crimes of “robbery” and “burglary” are. The answer to that question is needed in order to apply the Armed Career Criminal Act, a federal law that dramatically enhances prison sentences for persons who unlawfully possess a firearm and who also have been previously convicted of three drug crimes or violent felonies. “Violent felony” is statutorily defined to include the state-law offense of “burglary,” and also any crime that “has as an element the use … or threatened use of physical force,” which normally includes robbery.

The Supreme Court has ruled that because state-law definitions of crimes may differ among the states, federal courts should use the “generic” definition of burglary or robbery. But what that definition is, precisely, has repeatedly split lower federal courts. On October 9, the justices will wrestle with that question, first as it applies to robbery, in Stokeling v. United States, and then, in two consolidated cases, Stitt and Sims v. United States, in the context of burglary.

The common law distinguished robbery from simple theft by requiring an element of force. Over time, a number of jurisdictions have ruled that even minimal force can count, which allows “snatchings” of purses or necklaces to qualify for the enhanced sentences that a robbery conviction often permits. Other jurisdictions disagree. Denard Stokeling was previously convicted under Florida’s robbery law, which defines force as “sufficient to overcome a victim’s resistance.” But should that be the “generic” federal definition? Because the ACCA requires a “categorical” approach to deciding what types of felonies permit its enhanced federal sentences, the court is asked to decide whether “minimal force” suffices and how it should be defined for the national federal statute.

Right after Stokeling, the court will consider similar questions regarding burglary. Although the common law applied the crime of burglary strictly to invasion of homes, most modern statutes have extended the crime to the entry of a “structure” with the intent to commit a crime inside it. (“Intent to commit a felony therein” is the first introduction of many law students to “legalese” that horrifies and amuses their nonlawyer friends.) In Victor Stitt’s home state of Tennessee, the statutory requirement of “habitation” has been interpreted to include vehicles. In Jason Sims’ home state of Arkansas, the statutory term is “residential occupiable structure,” which has been interpreted to include a car or a boat if a person is even occasionally living in it. As in Stokeling, the court here must decide whether the “categorical” definition of burglary should encompass the broad modern definitions that have extended the crime beyond its common-law borders.

All three of these cases may be further influenced by the fact that the proper interpretation of the ACCA has troubled the court for decades now, so much so that in 2015, in Johnson v. United States, the court declared a nearby definitional subsection of the statute invalid as unconstitutionally vague.

“Double jeopardy,” “excessive fines” and the death penalty

After the first year of law school, most law students have to take criminal procedure, affectionately shortened to “Crim Pro.” I like to call that class “Constitutional Law III: The Fun Parts!” At least four cases to be argued this fall suggest that OT 2018 will be a joy for us Crim Pro professors as well.

In Gamble v. U.S., the court will consider whether to overrule the “separate sovereigns” exception to the double jeopardy clause of the Fifth Amendment, which provides that “[n]o person shall … be subject for the same offence to be twice put in jeopardy of life and limb.” The common understanding of this awkwardly written clause is that a person may not be tried twice for the same offense. But despite the absolute-sounding nature of the constitutional text, the Supreme Court has ruled for well over a century that the clause allows “separate sovereigns” to each try a single defendant for what sure sounds like the “same offense.”

For example, two states may prosecute the same person for a kidnapping-murder in two trials, one after the other, one in each state, and upon conviction impose two independent sentences for the same crime. Similarly, a state may prosecute someone for the same crime that the federal government has already tried the person for, and vice versa: Those of us old enough to recall the 1991 Rodney King police assault case remember the federal government prosecuting the offending officers after they had already been tried and acquitted by the state.

Although there is no lower-court split of authorities on this question, scholars have long criticized this “separate sovereigns” atextual exception to the double jeopardy clause. My guess (and it is only a guess) is that last spring, when the pace of certiorari grants was slow, “textualist” and due-process-oriented justices alike were able to agree to revisit the question this term.

Meanwhile, Timbs v. Indiana will address another persistent question that has appeared on bar exams for years: “[W]hat provisions in the Bill of Rights have not yet been ‘incorporated’ against the States?” “Incorporation” is the legal doctrine developed in the mid-20th century that holds that various protections found in the federal Bill of Rights may also be applied to conduct by the states, by “incorporating” those protections into the “[n]o State shall … deny due process” guarantee of the 14th Amendment. In McDonald v. Chicago, the court in 2010 ruled that the Second Amendment applies against the states, so now only three provisions in the Bill of Rights have not been incorporated. Timbs will address one of these: the “no excessive fines” provision in the Eighth Amendment. (The other two? The grand jury clause, see 1884’s Hurtado v. California, and the Third Amendment’s rule against quartering troops in times of peace, which has never arisen in a Supreme Court case, although lower courts have suggested that it is “incorporated.”)

Timbs now seeks to eliminate that easy Crim Pro exam question. The context is criminal asset forfeiture. When Tyson Timbs was convicted in Indiana of selling four grams of heroin, the state sought forfeiture of his $42,000 Land Rover because it had been used to transport the drugs. The state trial court ruled that “[w]hile the negative impact of [drug] trafficking … is substantial, … a forfeiture of approximately four times the maximum monetary fine is disproportional” under the Eighth Amendment. The Indiana court of appeals agreed that the excessive fines clause should be applied (incorporated) against the states. But the Indiana Supreme Court reversed, ruling that it would not “impose federal obligations on the State that the federal government itself has not mandated.” A persistent split on the question, involving at least 18 states’ courts and two federal courts of appeals, led to a grant of certiorari here.

Finally, another aspect of the Eighth Amendment, the constitutional administration of capital punishment, finds a spot on the Supreme Court’s docket almost every year. This term the court will hear argument in two cases involving the death penalty. On the second day of the term, October 2, in Madison v. Alabama, the court will consider whether the Eighth Amendment permits the execution of a prisoner whose severe and deteriorating medical condition leaves him mentally disabled such that he is unable to remember his offense. Bryan Stevenson, the founder of the Equal Justice Initiative in Alabama, will be arguing for Vernon Madison. The court has previously ruled that the state may not constitutionally execute the mentally insane (Ford v. Wainwright, in 1986) nor the mentally disabled (Atkins v. Virginia, in 2002). But in 2007, in Panetti v. Quarterman, the court declined to set specific standards for evaluating mental competency-to-be-executed claims. Madison provides an opportunity to further develop this constitutional concept. (The 2007 decision was written by Justice Anthony Kennedy, who left the court in July  — whether he will be replaced by October 2 is presently unsettled.)

In a second death penalty case, to be argued on November 6, the court will consider, once again, the appropriate rules for challenging a “method of execution.” In Glossip v. Gross, the court in 2015 issued a lengthy 5-4 decision attempting to set constitutional standards and litigation rules for lower courts to follow when an inmate contends that the method by which the state proposes to execute him is “cruel and unusual.” Glossip also approved “lethal injection” as a generally acceptable method. Russell Bucklew, however, suffers from an unusual medical condition (cavernous hemangioma) that he alleges “makes it very likely that his execution by Missouri’s lethal injection protocol will be gruesome and involve excruciating suffering.” In Bucklew v. Precythe, Bucklew argues that an execution by lethal gas will be far more humane for him, and that Missouri is constitutionally required to use that method instead. Missouri law allows execution by either method, although it has no written protocols for gas executions. The Eighth Circuit twice affirmed denials of Bucklew’s challenges, but the Supreme Court twice issued last-minute stays before finally granting review.

The rest of the Supreme Court’s criminal law docket this term

Here are brief descriptions of the other six criminal-law-or-related cases on the Supreme Court’s docket (so far) this term:

  1. Gundy v. United States (Oct. 2 argument): Does Congress’ delegation of authority to the attorney general to set sex-offender regulations, including deciding whether to retroactively apply the criminal statute, violate the Constitution’s “nondelegation” principle? (There hasn’t been a successful nondelegation case since 1935, so this case carries special interest for constitutional law professors.)
  2. Nielsen v. Preap (Oct. 10 argument): Is a criminal alien exempt from otherwise mandatory detention if, after the person is released from criminal custody, the Department of Homeland Security does not immediately take the person into custody?
  3. Garza v. Idaho (Oct. 30 argument): Does the “presumption of prejudice” regarding a lawyer’s ineffective assistance apply, when a defense lawyer was instructed by the defendant to file an appeal but the lawyer did not file an appeal because the plea agreement contained an appeal waiver?
  4. Herrera v. Wyoming: Did Wyoming’s admission as a state, or the statutory establishment of the Bighorn National Forest, abrogate the Crow Tribe’s 1868 federal treaty right to hunt on “unoccupied lands of the United States,” thereby permitting the criminal conviction of Clayvin Herrera, a Crow Tribe member, who was allegedly engaged in subsistence hunting for his family?
  5. Lorenzo v. Securities and Exchange Commission.: May the government’s securities-fraud claim that does not meet the elements that 2011’s Janus Capital Group v. Derivative Traders requires for “fraudulent statements” be filed as a “fraudulent scheme” claim and thereby avoid the bar of Janus?
  6. Nieves v. Bartlett: Is a First Amendment claim for retaliatory arrest automatically defeated because there was probable cause for the arrest? (This is a follow-on to the unanswered question in last term’s Lozman v. Riviera Beach.)

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Academic highlight: Greenhouse and Siegel on the past, present and future of Roe v. Wade

Academic highlight: Greenhouse and Siegel on the past, present and future of <em>Roe v. Wade</em>The future of a constitutionally protected right to abortion is uncertain now that Justice Anthony Kennedy has retired from the Supreme Court, leaving a vacancy for President Donald Trump to fill. During the campaign, Trump promised to appoint justices who would vote to overturn Roe v. Wade – the standard position of all recent Republican […]

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Academic highlight: Greenhouse and Siegel on the past, present and future of <em>Roe v. Wade</em>

The future of a constitutionally protected right to abortion is uncertain now that Justice Anthony Kennedy has retired from the Supreme Court, leaving a vacancy for President Donald Trump to fill. During the campaign, Trump promised to appoint justices who would vote to overturn Roe v. Wadethe standard position of all recent Republican nominees for president. Members of the Senate Judiciary Committee questioned Judges Neil Gorsuch and Brett Kavanaugh closely on the matter, and many legal scholars have opined that Roe is at risk of either outright reversal or gradual erosion with the addition of a new justice to the bench. At a time when the future is unknown, it is worth considering Roe’s past.

In “The Unfinished Story of Roe v. Wade,” a chapter in the forthcoming book “Reproductive Rights and Justice Stories” (Melissa Murray, Kate Shaw & Reva Siegel eds.), Linda Greenhouse and Reva Siegel provide a fascinating account of the abortion debate before and after Roe that upends some of our basic assumptions about the politics of abortion. Today, Roe is as much a symbol as a legal precedent. For some, the case exemplifies the Supreme Court’s essential role in protecting freedom and equality for those who lack political power. For others, it is a prime example of judicial overreach, and illustrates the backlash that can result when the court inserts itself in politics. But in Greenhouse and Siegel’s account, the focus on Roe v. Wade overstates the court’s role in the abortion debate. They describe how the views of the public, political parties and religious groups shifted both before and after the court’s decision in Roe, and often independent of it. And they explain that many of the battles took place in state legislatures, not before the nine justices.

Although abortion was not a crime at the time of the Constitution’s ratification, by the late 19th century it was criminalized in every state. Even so, by the middle of the 20th century approximately one in four pregnancies ended in an abortion. Upper-class women were able to obtain abortions relatively safely, but the poor could not, and an estimated 10,000 women died from abortions every year.

Alarmed by these statistics, medical providers were the first to call for reform. Not surprisingly, they sought to give doctors, not pregnant women, the power to decide who could obtain an abortion. In 1970, the American Medical Association authorized its members to perform therapeutic abortions, but only in appropriate cases, and they were told not do so in “mere acquiescence to the patient’s demand.” Only in the 1960s did feminists begin to frame the repeal of laws criminalizing abortion as about “freedom,” “equality” and women’s right to exercise control over their bodies and reproduction — the standard rhetoric of -abortion-rights advocates today.

The movement against abortion looked very different in the years before Roe than it does today. Leaders of the Catholic Church mobilized against reform of abortion laws in the late 1960s, but polls showed that more than half of all Catholics disagreed with the church’s official position. The Republican Party before 1972 was not opposed to abortion, nor were evangelicals, and a significant majority of Americans supported abortion. In a Gallup poll taken in August 1972, 64 percent of Americans agreed with the statement that “abortion should be a matter for decision solely between a woman and her physician,” and significantly more Republicans than Democrats took that view (68 percent of Republicans as compared to 59 percent of Democrats).

Despite broad popular support, reforms stalled in the early 1970s. The New York legislature repealed a reform measure it had enacted two years before (though the governor vetoed the repeal), and reform failed to pass in Michigan. Greenhouse and Siegel attribute these losses to “the ability of a mobilized minority, committed to a single issue and institutionally funded and organized, to thwart reforms that have broad public support.” Stymied by the political process, abortion-rights supporters turned to the courts.

The justices were well aware that public support for abortion was growing ever stronger; Justice Harry Blackmun, the author of Roe v. Wade, kept a copy of the 1972 Gallup poll results in his files. Greenhouse and Siegel suggest that such polls may have influenced the court to issue a broader opinion than it otherwise might have. By a 7-2 vote, the court proclaimed a constitutionally protected right to privacy that entitled women to obtain abortions in the first trimester of pregnancy. The court grounded this right in the Ninth and 14th Amendments and derived it from earlier decisions protecting intimate family choices. Yet the court’s opinion relied more on medical evidence and the role of doctors than on women’s autonomy. As Greenhouse and Siegel explain, that rationale is not surprising considering that the decision came in 1973, before the bulk of the court’s jurisprudence protecting women against discrimination based on sex.

Contrary to the conventional view, Greenhouse and Siegel argue that Roe did not produce a public or political backlash — at least, not immediately. Three years after Roe was decided, public support had only grown. In a February 1976 nationwide survey, 67 percent of respondents agreed that the “right of a woman to have an abortion should be left entirely up to the woman and her doctor.” Nor did abortion appear to be a particularly polarizing or significant issue. At his confirmation hearing in 1975, John Paul Stevens was not asked a single question about abortion.

Having lost before the Supreme Court, abortion opponents shifted the fight to Congress and state legislatures. They succeeded in ending Medicaid funding for abortions and obtaining passage of state and federal laws restricting access to abortion. In 1992, in a challenge to such a law in Pennsylvania, the Supreme Court reaffirmed Roe in Planned Parenthood of Southeastern Pennsylvania v. Casey, but it abandoned Roe’s trimester framework for an “undue burden” standard permitting states to regulate abortion. Greenhouse and Siegel observe that in Casey, unlike Roe, the court framed its decision around “[r]espect for the equal citizenship of women” — an argument “barely acknowledged” in Roe.

Casey further opened the door to regulation incrementally cutting back on access to abortion, which has been the focus of much of the abortion-related litigation for the last 25 years. Legal experts expect that trend to speed up once a new justice appointed by Trump joins the court. Gillian Metzger, a professor at Columbia Law School, explained that she does not expect to see Roe and Casey reversed immediately, but “incremental pullback” will mean that “in practice it will become even more difficult, and in some states practically impossible, for women to exercise the right recognized in Roe and Casey of making the ultimate choice of whether or not to bear a child.”

Greenhouse and Siegel do not try to predict the future of Roe and Casey, but their historical account demonstrates that the abortion debate has followed a long and winding road. Over the last 60 years, the arguments made for and against access to abortion, the public’s support for those arguments, and even the parties on either side of the issue have shifted significantly. The Supreme Court has played a role, but it has shared influence with many players in the past, and likely will continue to do so. As Greenhouse and Siegel conclude, “[t]hese are conflicts that law can shape—but cannot settle.”

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Bartenders arrested for serving driver before fatal accident

Two bartenders in Texas are facing up to a year in jail after allegedly serving a woman arrested for mowing down two bicyclists, killing one. Shafay Look, 34, and Jon Ward, 56, have been arrested for selling an alcoholic beverage to Gerilyn Weberlein, …

Two bartenders in Texas are facing up to a year in jail after allegedly serving a woman arrested for mowing down two bicyclists, killing one. Shafay Look, 34, and Jon Ward, 56, have been arrested for selling an alcoholic beverage to Gerilyn Weberlein, who police say left the Island Pier Club in Galveston on June...

from https://nypost.com

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Deli worker said fears for pregnant wife led him to fight off armed robber

A Bronx deli worker staring down a gun-toting robber Monday morning thought of his pregnant wife waiting at home — then wrestled the weapon from the thug’s hands and chased him out of the store. “He said, ‘The money or I kill you.’ I could see in his eyes he was crazy,” said Mina Farag,…

A Bronx deli worker staring down a gun-toting robber Monday morning thought of his pregnant wife waiting at home — then wrestled the weapon from the thug’s hands and chased him out of the store. “He said, ‘The money or I kill you.’ I could see in his eyes he was crazy,” said Mina Farag,...

from https://nypost.com

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Deli worker takes gun from man trying to rob store

Dramatic surveillance video shows the moment a brave Bronx deli worker fights back against an armed goon who put a gun to his head during a foiled stickup, police said Tuesday. The crook posed as a customer Monday morning shortly after 11 a.m., placing…

Dramatic surveillance video shows the moment a brave Bronx deli worker fights back against an armed goon who put a gun to his head during a foiled stickup, police said Tuesday. The crook posed as a customer Monday morning shortly after 11 a.m., placing an order for food and then approaching a 33-year-old male worker...

from https://nypost.com

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American Confidence in Law Enforcement Very High

Highlights Per Gallup, 85 percent of Americans either have a great deal or some confidence in law enforcement. The media and Congress are at the bottom of the ratings. Author Leonard Adam Sipes, Jr. Retired federal senior spokesperson. Thirty-five years of award-winning public relations for national and state criminal justice agencies. Interviewed multiple times by […]

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Highlights Per Gallup, 85 percent of Americans either have a great deal or some confidence in law enforcement. The media and Congress are at the bottom of the ratings. Author Leonard Adam Sipes, Jr. Retired federal senior spokesperson. Thirty-five years of award-winning public relations for national and state criminal justice agencies. Interviewed multiple times by […]

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from https://www.crimeinamerica.net

Shared Voices for Community Safety

Summer break has drawn to a close in Wisconsin, and as students head back to the classroom, concerns about school safety may arise. Last month, Wausau, Wisconsin, Police Department (WPD) took steps to pre-emptively address these concerns. Through a request … Continue reading

Summer break has drawn to a close in Wisconsin, and as students head back to the classroom, concerns about school safety may arise. Last month, Wausau, Wisconsin, Police Department (WPD) took steps to pre-emptively address these concerns. Through a request to the Collaborative Reform Initiative – Technical Assistance Center (CRI-TAC), WPD participated in a School and Workplace Violence Seminar. This course from the National Tactical Officers Association (NTOA) provided a forum for staff from local police departments, sheriff’s offices, school districts, social services, and health care organizations to come together to prepare their community to appropriately assess and manage threats and respond to violence as well as to build relationships among organizations and agencies.

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Over the course of the two-day seminar, everyone had an opportunity to ask questions, pose solutions, and learn more about how to prevent and respond to school and workplace violence. Through discussions, table top exercises, and other activities, participants learned about warning signs, layers of response, resource allocation, and processes. As one of the local high school associate principals explained, “The material forced us to examine every phase of threat assessment…moving all the way to emergency planning.” They learned to apply lessons garnered from high-profile events from around the world, and gained unique insight by debriefing on past local incidents.

“Our group of stakeholders agreed on the need to address emergency planning and threat assessment procedures in a collaborative manner, for the benefit of the larger shared community we all serve together,” said Wausau Police Lieutenant Nathan Cihlar. “The training provided by CRI-TAC was an excellent means of bringing the necessary players together with a training experience that has provided the foundation for building our community Threat Assessment Team initiative.”

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Is school safety a priority for your community? Do you believe your agency would benefit from this training, or a similar one? If you are interested in learning more about this or other services and resources available through the CRI-TAC visit the program webpage or email CRITAC@theIACP.org.

 

This project was supported, in whole or in part, by cooperative agreement number 2017-CR-WX-K001 awarded by the U.S. Department of Justice, Office of Community Oriented Policing Services. The opinions contained herein are those of the author(s) or contributor(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice. References to specific individuals, agencies, companies, products, or services should not be considered an endorsement by the author(s) or the U.S. Department of Justice. Rather, the references are illustrations to supplement discussion of the issues.

from https://theiacpblog.org

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Former Giants wide receiver robbed at gunpoint

Former Super Bowl champion and ex-Giant Joe Jurevicius recently was robbed at gunpoint, he told police and reporters, as part of what authorities think may be a string of crimes in Ohio committed by a man released from prison, whom they nabbed thi…

Former Super Bowl champion and ex-Giant Joe Jurevicius recently was robbed at gunpoint, he told police and reporters, as part of what authorities think may be a string of crimes in Ohio committed by a man released from prison, whom they nabbed this weekend. Jurevicius was at his home in Gates Mills when a person came...

from https://nypost.com

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Solitary Used More Often for Inmates with Mental Illness: Study

The odds that mentally troubled prisoners will be sent to solitary confinement for misconduct are 36 percent higher than for those without mental illness, according to a University of Massachusetts study of data from a 2004 national survey.

Inmates with mental illness are more likely to be placed in solitary confinement than other inmates, and are more likely to be punished with administrative segregation compared with other less disciplinary actions, according to a study published in the Criminal Justice and Behavior.

Kyleigh Clark, a researcher at the University of Massachusetts, analyzed data from the U.S. Census Bureau’s 2004 Survey of Inmates in State and Federal Facilities, which questioned inmates on a wide range of topics including their behavior, criminal histories, personal backgrounds, and experiences within and outside of prison.

The survey also specifically asked inmates whether they have been diagnosed by a medical professional prior to incarceration with various mental disorders: depressive, psychotic, personality, manic/bipolar, posttraumatic stress disorder, anxiety, or any other disorders.

The researcher compared the experiences of those with mental illness to those without them and found that even though both groups most often lose privileges for misconduct, the odds of those with a mental illness being put in solitary confinement for misconduct are 36 percent higher than those without mental illness.

Furthermore, those with mental illnesses are 40 percent less likely to be given other, less severe disciplinary action, 27 percent less likely to lose privileges or be confined to their own cell, 23 percent less likely to be given extra work, and 19 percent less likely to be given bad time.

It is not clear why inmates with mental illnesses are disproportionately placed in solitary confinement, but one possible explanation the author suggests is that prison management may be paying more attention to those with mental illnesses, or more attention to the actions of those with mental illnesses, and this in turn results in more infractions and harsher punishments.

Relatedly, people with mental illness are viewed as dangerous to themselves and to others, the author explained.

“[And] because many institutions suffer from a lack of resources, space, and staffing, isolation of mentally ill prisoners can be seen as the only viable option in dealing with these inmates,” Clark added.

About 37 percent of inmates have mental illness, according to U.S. Department of Justice.

The researcher excluded inmates in federal facilities due to possible unmeasured factors in those prisons that may affect their use of segregation, such as intuitional structures. The sample was further restricted to those who committed at least on misconduct during their incarceration and were not missing data for mental illness and disciplinary action

The author argued that despite news stories outlining the problematic use of isolation for mentally ill inmates, the issues had not been extensively researched until now.

He said future research should investigate whether imposing solitary confinement on mentally ill inmates, even ostensibly for their own protection, is ultimately “counterproductive.”

“Multiple studies have shown that those with mental health problems may be more susceptible to the negative effects of solitary confinement, thereby creating a cycle in which mentally ill offenders are put in solitary confinement due to their mental illness, which is made worse by isolation, leading to further or worsening symptomatic behavior,” he wrote.

“Although solitary confinement may be considered a more economical or practical choice for containing these inmates, better mental health care can be more cost effective in treating their behavior.”

A copy of the study can be downloaded here.

J. Gabriel Ware is a TCR News Intern. He welcomes comments from readers.

from https://thecrimereport.org

The Tragic Story of Overlooked Hit-and-Run Victim Raymond Davies

Breakfast reading from the Voice Media empire: When Raymond Davies was killed by a hit-and-run driver on August 17, no television station shared news of his passing. No newspaper detailed the crime. No radio station shared a description of the vehicle that drove away as he lay dying. Beyond a mention in a blog about rising […]

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Breakfast reading from the Voice Media empire: When Raymond Davies was killed by a hit-and-run driver on August 17, no television station shared news of his passing. No newspaper detailed the crime. No radio station shared a description of the vehicle that drove away as he lay dying. Beyond a mention in a blog about rising [...]

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from http://www.truecrimereport.com