Thornton Confident MPS “Can Crack the Code” to Overcoming Poverty’s Effects

Gregory Thornton is looking for the code. Poverty makes it harder to figure out. But he thinks it can be done. He’s determined to do it.

 The code the new Milwaukee Public Schools superintendent referred to in an “On the Issues with Mike Gousha” session Tuesday at the Law School’s Eckstein Hall, is the way to achieve substantially higher levels of academic success with children from low-income homes.

Gousha, distinguished fellow in law and public policy at the Law School, asked Thornton if the impacts of poverty were too great to succeed in school districts such as MPS.

“I see the sting of poverty every day,” Thornton said. “It’s devastating.” 

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Problems Aplenty With Forensic Science

Last weekend I had the pleasure to participate in a conference sponsored by the Wisconsin Association of Criminal Defense Lawyers entitled, “Whatever Happened to the Science in Forensic Science?”  The conference centered upon the 2009 report by the National Academy of Science (NAS) that confirmed suspected and significant concerns about how the criminal justice system had been using science for decades.   And as if the NAS report wasn’t bleak enough, a number of speakers pointed to looming problems with DNA evidence, heretofore the vaunted “gold standard” for forensic science, and even with medical experts who diagnose child abuse.  In sum, the whole field is starting to resemble a mass of toxic Hungarian red sludge that is oozing over and through the law’s inadequate bulwarks.  (And no, I don’t believe that the answer is the Daubert “reliability” standard, which has proven to be ineffectual in most ways and pernicious in others.) 

 Kudos for organizing the conference go to Amelia Bizzaro (Law ‘03).  The conference drew excellent criminal lawyers and forensic experts from across the country (Boston, New York, Phoenix) as well as locally talented lawyers, such as Jerry Buting and Craig Albee.  Professor Paul Giannelli (Case Western) spoke about the NAS report itself while I discussed its impact on Wisconsin law governing expert evidence.  Paul and I agreed that the NAS report itself could be used to cross-examine forensic experts about deficiencies in their methodologies and theories, an inexpensive yet effective way of putting this information before a jury.

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SCOTUS to Rule on Meaning of “Cocaine Base”

In a 1986 law that must surely rate as one of Congress’s most ill-informed overreactions to a high-profile tragedy– the cocaine-related death of college basketball star Len Bias — a new mandatory minimum ten-year sentence was created for drug offenders involved in dealing 50 or more grams of “cocaine base.”  Never mind that Bias used the powder form of cocaine.  Never mind that crack — the form of cocaine that everyone was most concerned about at the time — is only one type of cocaine base.  Congress instead chose to direct the harsh new penalties at cocaine base, a category that is narrower than all cocaine, but broader than just crack (at least if the term ”cocaine base” is understood literally).  As is now well known, the result of this unfortunate law has been to create massive racial disparities in federal drug sentencing between white defendants (who are typically involved with powder) and black defendants (who are more typically involved with crack). 

Although “cocaine base” cases normally involve what is undisputably crack, defendants have from time to time litigated whether a particular susbtance really triggers the ten-year minimum.  These cases have produced a longstanding circuit split, with six circuits (the First, Second, Third, Fourth, Fifth, and Tenth) reading “cocaine base” to encompass all forms cocaine that are chemically classified as a base, and five circuits holding that “cocaine base” means more narrowly what Congress was really concerned about, i.e., crack and other types of smokable cocaine base.  With today’s cert. grant in DePierre v. United States, 599 U.S. 25 (1st Cir. 2010), the Supreme Court appears poised finally to resolve the issue. 

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