Offenders Have Multiple Convictions-Six for Federal Defendants

  Summation Almost three-quarters (72.8%) of federal offenders sentenced in fiscal year 2016 had been convicted of a prior offense. The average number of previous convictions was 6.1 among offenders with a criminal history. About 3 in 5 state defendants had at least one prior conviction. Author Leonard Adam Sipes, Jr. Retired federal senior spokesperson. […]

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  Summation Almost three-quarters (72.8%) of federal offenders sentenced in fiscal year 2016 had been convicted of a prior offense. The average number of previous convictions was 6.1 among offenders with a criminal history. About 3 in 5 state defendants had at least one prior conviction. Author Leonard Adam Sipes, Jr. Retired federal senior spokesperson. […]

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from https://www.crimeinamerica.net

Many Prosecutors Target Drug Partners in Overdose Cases

A New York Times investigation found overdose prosecutions in 36 states. And in a sample of 15 states, prosecutions of friends, partners and siblings of accidental overdose victims doubled between 2015 and 2017.

As overdose deaths mount, prosecutors in many jurisdictions are increasingly treating them as homicide scenes and looking to hold someone criminally accountable, reports the New York Times. Using laws devised to go after drug dealers, they are charging friends, partners and siblings. The accused include young people who shared drugs at a party and a son who gave his mother heroin after her pain medication had been cut off. Many are fellow users, themselves struggling with addiction. Prosecutors say overdose prosecutions are simply one tool in a box that should include prevention and treatment. But there is no consensus on their purpose. Some believe they will reduce the flow of drugs into their communities, deter drug use or help those with addiction “hit bottom.” To others, the cases are not meant to achieve public policy goals, but as a balm for grieving families or punishment for a callous act.

“I look at it in a real micro way,” said Pete Orput, the chief prosecutor in Washington County outside Minneapolis. “You owe me for that dead kid.” In 15 states where data was available, the Times found more than 1,000 prosecutions or arrests in accidental overdose deaths since 2015. Between 2015 and 2017, the number of cases nearly doubled. Dozens more cases were documented in news reports. In all, overdose prosecutions were found in 36 states, with charges ranging from involuntary manslaughter to first-degree murder. Many of those convicted are serving hard time: A Louisiana man who injected his fiancée — both were addicted, his lawyer said — got life without parole.

from https://thecrimereport.org

Criminal History And A Second Chance For Prisoners

Observations As to a second chance for prisoners, about 7 in 8 had more than one prior arrest charge, and a majority had at least five. Fifty-eight percent of felony defendants had at least one prior conviction. Forty percent of felony convictions result in a sentence to prison. “You’re asking for a second chance for those […]

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Observations As to a second chance for prisoners, about 7 in 8 had more than one prior arrest charge, and a majority had at least five. Fifty-eight percent of felony defendants had at least one prior conviction. Forty percent of felony convictions result in a sentence to prison. “You’re asking for a second chance for those […]

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from https://www.crimeinamerica.net

Drug Courts Produce Modest Results Per Federal Report

Observations Do drug and other specialty courts reduce recidivism? President Trump Wants Drug Courts-Do They Work? Like evaluations of programs for serious offenders, outcomes for drug, mental health, and veteran’s courts are limited to small decreases in recidivism. For many, the focus is on low-level, low-risk offenders who may not need intensive treatment. Author Leonard […]

Observations Do drug and other specialty courts reduce recidivism? President Trump Wants Drug Courts-Do They Work? Like evaluations of programs for serious offenders, outcomes for drug, mental health, and veteran’s courts are limited to small decreases in recidivism. For many, the focus is on low-level, low-risk offenders who may not need intensive treatment. Author Leonard […]

from https://www.crimeinamerica.net

80 Percent of Civil Rights Suspects Declined From Federal Prosecution: Federal Suspects Not Prosecuted

Observations 16 to 85 percent of federal suspects in criminal matters concluded are declined from federal prosecution. 80.8 percent of the 631 civil rights violation suspects were declined from federal prosecution. 85.8 percent of 197 threats against the president suspects were declined from federal prosecution. Federal prosecutors have options beyond bringing charges in federal court. […]

Observations 16 to 85 percent of federal suspects in criminal matters concluded are declined from federal prosecution. 80.8 percent of the 631 civil rights violation suspects were declined from federal prosecution. 85.8 percent of 197 threats against the president suspects were declined from federal prosecution. Federal prosecutors have options beyond bringing charges in federal court. […]

from http://www.crimeinamerica.net

Percent of Arrests Not Prosecuted

Observations Federal Data: 16 to 50 percent of federal crimes are deferred from prosecution, per “Federal Justice Statistics.” State Data: 34 percent of state felony cases are not convicted (approximately nine percent involve a deferred adjudication or diversion outcome), per “Felony Defendants in Large Urban Counties.” Author Leonard A. Sipes, Jr. Thirty-five years of speaking […]

Observations Federal Data: 16 to 50 percent of federal crimes are deferred from prosecution, per “Federal Justice Statistics.” State Data: 34 percent of state felony cases are not convicted (approximately nine percent involve a deferred adjudication or diversion outcome), per “Felony Defendants in Large Urban Counties.” Author Leonard A. Sipes, Jr. Thirty-five years of speaking […]

from http://www.crimeinamerica.net

Hate Crimes Are Easy to Condemn But Hard to Prosecute

Making a criminal bias allegation stick in court can be difficult since winning a conviction means proving a person was motivated by the victim’s religion, race, ethnicity or sexual orientation.

Threats, vandalism and recent shootings across the country have sparked outrage and have been decried as hate crimes. But the Washington Post says condemning a repugnant act as a hate crime is far easier than making that charge stick in court, and prosecutions could be even less frequent if the Justice Department shifts its approach under a new attorney general who has indicated states should take the lead. Some states do not have a hate crime law. The majority that do, don’t agree on what acts qualify. Winning a conviction means proving a person was motivated, for instance, by the victim’s religion, race, ethnicity or sexual orientation.

Sometimes motivation is obvious, sometimes not, said Steven M. Dettelbach, a former U.S. attorney for the Northern District of Ohio who has prosecuted hate crimes. “It’s an additional burden” in a case, he said, “but it can be done.” Federal hate crime charges generally carry stiffer penalties than state statutes, which is one reason they are used. But as important, prosecutors said, a federal presence makes a broad public statement that the crime is different in its intent and impact, extending well beyond an individual victim to strike at an entire community.

from https://thecrimereport.org