Milwaukee: The Most Dangerous Size

http://commons.wikimedia.org/wiki/File:P14-45_handgun_.jpgLast week, the U.S. Bureau of Justice Statistics issued a new report compiling nearly two decades of data on gun crime, Firearm Violence, 1993-2011.  No doubt, many readers will pore over the report’s abundant tables and graphs looking for support for their views on gun control.  However, I was most struck by a breakdown of firearm violence based on population size (table 5).  Among the six size-based categories, the most dangerous places were cities of 500,000-999,999 — the category containing Milwaukee (pop. 597,867).  These mid-large cities not only have rates of gun crime that are about four times higher than cities of less than 100,000, but they are also forty-four percent higher than cities of one million or more.

More specifically, according to the National Crime Victimization Survey, there were 4.6 nonfatal firearm victimizations per 1,000 persons age twelve or older in the mid-large cities in 2010 and 2011.  (Nationally, homicides constitute only two percent of all gun-related crimes, so the NCVS numbers would not change much if fatalities were included, too.)  The second-highest rate was 3.9, for cities with 250,000-499,999.

The numbers look very different today than they did in 1996-1997, when the Milwaukee-sized cities were tied for second place with 7.3 victimizations per 1,000, and the medium-sized cities (250,000-499,999) led with 10.3.

I have two reactions to the data.  First, the relationship of community size to gun violence is in some respects predictable, and in others quite puzzling. 

Continue ReadingMilwaukee: The Most Dangerous Size

The Sheriff Must Run the Jail, But How Do You Know Whether a Facility Is a Jail?

Last week, the Circuit Court in Milwaukee County rejected the effort of Sheriff David A. Clarke to maintain control over the County Correctional Facility South.  (Judge Van Grunsven’s ruling is available here.)  Although the CCF-S (formerly known as the House of Corrections) was run for decades by a superintendent who was independent of the Sheriff, the County transferred control over the CCF-S to the Sheriff in 2009 as a result of security concerns at the facility.  However, the new management proved less than satisfactory to some important stakeholders.

Conflict over Clarke’s administration of the CCF-S seems connected to a wider ideological conflict between Clarke and other County leaders over the incarceration of relatively low-risk criminal offenders, with Clarke taking a very critical position regarding various criminal-justice initiatives that might be grouped under the heading “evidence-based decision making.”  (Background on the conflict is here; my critique of some of Clarke’s views is here.)  Clarke has been unsupportive of treatment programs and alternatives to incarceration, and his administration of the CCF-S has apparently reflected this perspective.  Finally, through its 2013 budget, the County Board decided to transfer control of the CCF-S back to a superintendent.  Clarke’s control over the downtown jail, which has been his all along, remains unaffected.

Clarke sued the County in order to block the transfer.  

Continue ReadingThe Sheriff Must Run the Jail, But How Do You Know Whether a Facility Is a Jail?

The Boston Case: Moving the Line on the Public Safety Exception

My practice is nearly exclusively a criminal appellate practice, and it’s been that way for almost 10 years. Being a one-trick pony, I can’t help but think about legal issues in the news in the context of an imaginary appeal. Of course, recently the news was flooded with stories about the Boston Marathon bombing. The issue that grabbed my interest the most was all of the talk centered on not informing captured suspect Dzhokhar Tsarnaev his Miranda rights pursuant to the public safety exception.

The idea behind the public safety exception makes sense: gathering information from a suspect to ward off an immediate threat. The exception was originally created nearly 20 years ago, but in the past 10 years or so, has become stretched (some say past recognition) to deal with terrorist threats. But that’s neither here nor there — the public safety exception and the suppression of evidence obtained from it is a trial lawyer’s concern.

First, told or not told, Tsarnaev has all of the same rights every American citizen has, including the right to remain silent and the right to an attorney. In this era of cop and robbers television (“Law & Order” in all its various forms has been on the air for 23 years), it seems self-evident that a person has those rights. But still, whether he knows he has those rights or not, the government has an obligation to inform a suspect he has them. But what happens when the defense persuades a court that law enforcement interrogated a person in violation of Miranda? That evidence is suppressed and so are the fruits of it. This is the part that really interests the appellate lawyer in me, because the question I keep coming back to here, is: so what?

If any of the news reports are to be believed, and obviously those outside of the parties won’t know until the trial, if there is one, the government has built a relatively strong case against Tsarnaev without his help. So even if some of his statements are suppressed, it doesn’t really matter because the government will still have plenty of evidence to go around. Presumably, the people who did the interrogating had a really good sense of what evidence they already had against him. Perhaps, sure in its case (even though the investigation was in the infancy), the government opted to question Tsarnaev and ask him everything it could think of. Worst case scenario, some cumulative evidence gets suppressed.

Continue ReadingThe Boston Case: Moving the Line on the Public Safety Exception