FW: See you in court, again

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Dianne Tramutola-Lawson

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Feb 10, 2017, 8:25:29 AM2/10/17
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From: The Marshall Project [mailto:info=themarshall...@mail94.atl91.mcsv.net] On Behalf Of The Marshall Project
Sent: Friday, February 10, 2017 5:43 AM
Subject: See you in court, again

 

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Opening Statement
February 10, 2017

 

Edited by Andrew Cohen

 

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Opening Statement is our pick of the day’s criminal justice news. Not a subscriber? Sign up. For original reporting from The Marshall Project, visit our website.

 

Pick of the News

3-0. The 9th U.S. Circuit Court of Appeals Thursday unanimously refused to restore the Trump administration’s travel ban, concluding that the feds had failed to justify putting the order into effect while the courts consider its lawfulness. Buzzfeed The judges ruled that President Trump’s campaign statements about it being a “Muslim ban” could be used to establish discriminatory intent. Politico It’s a procedural ruling that almost certainly will be appealed. Roll Call More: A “wide-ranging rebuke” to the administration. USA Today Related: Here is a link to the ruling. 9th U.S. Circuit Court of Appeals Finally: How to read, and not read, the ruling through the hype. Lawfare

“Law and order” day at the White House. President Trump signed three executive orders Thursday on criminal justice with an emphasis on drug gangs, violent crime, and violence against cops. The Washington Post More: There also was criticism for Obama-era policies. The Guardian Still More: And a new push for mandatory minimum sentences. Vox Meanwhile, Attorney General Jeff Sessions, newly-sworn in, warned of a rise in crime, which he called a “dangerous, permanent trend.” Washington Examiner TMP Analysis: Crime in context. The Marshall Project Related commentary: Illusory answers to imaginary problems. The Atlantic Finally: Ready for a federal “Blue Lives Matter” law? Reason

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Everything you know about mass incarceration is wrong. In his new book, “Locked In,” the economist and law professor John Pfaff challenges popular assumptions about how America became the most incarcerated nation on Earth. The war on drugs did not generate the wave of incarceration, punitive sentencing and private prisons are not mainly to blame, and if we want to dig our way out we have to start at the beginning: with the vast discretion prosecutors have to charge defendants in the first place. TMP’s Bill Keller and Eli Hager culled the highlights. The Marshall Project

A sign of things to come. Federal immigration officials in Phoenix came late Wednesday to arrest and deport Guadalupe Garcia de Rayos, a mother of two and an undocumented immigrant who was caught eight years ago using a fake Social Security number. A 2013 deportation order for her was not enforced by Obama officials but under the new regime’s broadened definition of “criminal alien” she becomes an early symbol of the dramatic change in immigration policy. The New York Times Related: Seven protesters were arrested after trying to block her seizure. Buzzfeed More: How the feds are ramping up their enforcement efforts. The Intercept

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What it’s like being best man in a prison wedding. James King, serving a 30-to-life sentence at San Quentin State Prison in California, was surprised when a fellow prisoner he barely knew asked him to stand up with him. What he learned in the brief ceremony, as he mingled with the family of the groom, and as he absorbed the kindness of the retired military chaplain who performed the ceremony, was that humanity can invade even the most inhumane places. In collaboration with Vice, here is the latest in our “Life Inside” series. The Marshall Project

N/S/E/W

A federal appeals court concludes that it is unconstitutional for Pennsylvania to hold prisoners indefinitely in solitary confinement after their death sentences are overturned. Reuters Related: Read the decision. 3rd Circuit Court of Appeals

Mike Pence, as governor of Indiana, wouldn’t pardon Keith Cooper, who served eight years in prison for a crime he did not commit. But the vice president’s successor just did. Indianapolis Star

A Michigan sheriff defended his jail staff after a woman was forced to give birth on the floor of a jail cell despite her repeated pleas for adequate medical care. MLive

New York City police officers are using illegal license plate covers so they aren’t caught on traffic cameras. New York Post

MIssissippi’s prison bribery scandal is still going strong. Now the state’s attorney general has filed 11 civil RICO lawsuits against individuals and corporations like CEO Group. The Clarion-Ledger

Commentary

Clueless. President Trump has no idea what civil forfeiture is. But he’s all for it. And so is his new attorney general. Reason TMP Context: A “teachable moment” for the president. The Marshall Project More: What else do the sheriffs want from Trump? The Washington Post

American law doesn’t need “premarital celibacy restrictions” like the one imposed by an Idaho judge on a teenager convicted of statutory rape. The New York Times

On the mercy of the court. The case for jury nullification as a constitutional right that all criminal defendants ought to be able to exercise. Cato Institute

When an eye for an eye isn’t. Why Texas needs to reform its “law of parties,” which allows the death penalty for those who were only indirectly involved in a murder. The Dallas Morning News

To ask is to answer. How committed will Jeff Sessions’ Justice Department be to collecting good data to identify bias in police shootings? Wired

Etc.

Trumpian of the Day: Meet the Republican lawmaker in Ohio who wants to make it a crime for other lawmakers to protect people in “sanctuary cities.” The Daily Beast

Diversity of the Day: The NYPD says that nearly 60 percent of its police academy classes from October to January were made up of Hispanic, Asian, or black cadets. New York Daily News

Statistics of the Day: Police officers don’t fire their weapons nearly as often as the public thinks they do. Only 27 percent of officers say they have ever fired their service weapon. Pew Research Center

Video of the Day: Watch 9th U.S. Circuit Court Judge Alex Kozinski blast federal prosecutors who were defending a conviction that was based on perjured testimony. The Open File

Technology of the Day: Never mind the feds; local police departments have quietly obtained cell phone spy tools. CityLab

 

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