The Institute for Justice has posted a new video explaining the notorious Motel Caswell asset forfeiture case in Massachusetts. The case has been generating significant media attention, including an article in the Wall Street Journal and a George F. Will column in the Washington Post. Professor Ilya Somin has also written a bit about the case on the Volokh Conspiracy.
William N. Shepherd of Holland & Knight LLP in West Plam Beach, FL is the new chair of the American Bar Association’s Criminal Justice section. Shepherd is also a former prosecutor. In his position, he has a platform to speak and be heard on whatever issue in criminal law strikes him as important. Interestingly, he is making overcriminalization a major priority. See his comments on overcriminalization from 1:06 – 2:16 in the video below.
Right On Crime will be hosting two events at the State Policy Network’s Annual Meeting in November. The meeting will be at The Ritz-Carlton Hotel, 4750 Amelia Island Parkway, Amelia Island, Florida, 32034. To attend either or both events, you must be registered to attend the State Policy Network Annual Meeting. Register here.
Right On Crime Dinner:
The first event will be a dinner on November 13th, featuring Grover Norquist. Norquist, a Right On Crime signatory, will offer remarks on how free market and limited government principles can guide state public policy decisions about criminal justice.
Where:
The Plaza Ballroom
When:
Tuesday, November 13, 2012, 7:30 P.M.
SPN attendees must register separately for the dinner here.
Right On Crime Panel Discussion on Overcriminalization:
On November 15th, Right On Crime will host a panel discussion titled “Overcoming Overcriminalization: How You Can Combat the Criminalization of Capitalism.”
Erick Erickson of RedState.com and CNN will serve as the moderator.
The three panelists will be:
Paul Larkin, The Heritage Foundation
Isaac Gorodetski, The Manhattan Institute
Marc Levin, The Texas Policy Foundation and Right On Crime
Where:
Talbot D
When:
Thursday, November 15, 2012, 4:00 – 5:00 PM
Please also be sure to visit the Right On Crime booth at the SPN Meeting.
Learn Liberty’s latest video examines the U.S. prison population, which is estimated to be the largest among all developed nations. Daniel D’Amico, an Assistant Professor of Economics at Loyola University New Orleans, outlines the comparatively large degree of incarceration in the U.S., which may even be more extensive (as a total number and as a percentage of population) than it is in Russia and China. The costs, both economic and human, of this widespread incarceration are staggering. The level of incarceration is fiscally irresponsible and difficult to justify.
Professor D’Amico correctly points out that “the large and active role of our federal government” in criminal justice differentiates the U.S. from most other developed countries, which handle crime at the local level. It is worth mentioning that this expanded role only came about in the last 30 or so years. Historically, the federal government played only a small role in criminal justice, and never incarcerated more than approximately 24,000 people until the 1980s. Now, the federal prison population stands at approximately 218,000 inmates. Overall, the U.S.’s total incarcerated population (over 1.6 million) dwarfs that of its allies, such as the U.K. (~79,000), France (~57,000), or Canada (~35,000).
From the video:
“Perhaps the nickname ‘The Land of the Free, the Home of the Brave’ should be updated, although I suppose you need to be brave to endure the highest likelihood of incarceration the world has ever known. Prisons are not what we think about when we think of America, and they shouldn’t have to be. A free nation shouldn’t imprison so many people, and a fiscally responsible nation can’t afford to. With close to $40 billion a year in state correctional spending, the financial costs are obvious and staggering alone. But the human costs are often underappreciated; 1.6 million fathers and mothers, brothers and sisters, sons and daughters of American families are incarcerated. It’s time for people to realize that the criminal justice system in America is desperately in need of reform.”
The video, titled “US Prison Population: The Largest in the World,” can be viewed here.
On November 1, the Heritage Foundation and the National Association of Criminal Defense Lawyers partnered to host a training for Capitol Hill staffers titled “Have You Committed a Felony Today?” The training was presented by criminal defense attorneys Ross Garber and Timothy O’Toole.
On November 17, I testified before the California Assembly’s Select Committee on Delinquency Prevention and Youth Development. The full two-hour hearing can be viewed here. (My testimony ends at the 51 minute mark.)
In recent years, school bullying initiatives have become a particularly controversial area of juvenile law. On November 10, 2011, at the Federalist Society’s National Lawyers Convention in Washington, DC, five prominent scholars spoke about the issue in a provocative panel discussion moderated by Stuart Taylor, Jr. of National Journal:
Hans Bader, Senior Attorney and Counsel for Special Projects, Competitive Enterprise Institute
Todd Gaziano, Commissioner, U.S. Commission on Civil Rights, and Senior Fellow in Legal Studies, The Heritage Foundation
Fatima Goss Graves, Vice President for Education and Employment, National Women’s Law Center
Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law
William R. Yeomans, Fellow in Law and Government, American University Washington College of Law
This panel from the American Legislative Exchange Council’s 2010 States and Nation Policy Summit features four national experts on overcriminalization: U.S. Congressman Louie Gohmert, James Dunlop of Jones Day, Timothy O’Toole of Miller Chevalier, and Shana-Tara Regon of the National Association of Criminal Defense Lawyers. The panel is moderated by Texas Representative Jerry Madden.
Smart-on-Crime Legislatures: Fighting Overcriminalization and Restoring the Proper Federal-State Equilibrium on Criminal Law and from American Legislative Exchange Co on Vimeo.
This panel discussion from the American Legislative Exchange Council’s 2010 States and Nation Policy Summit features three national experts on criminal justice reform: Adam Gelb of the Pew Center on the States, Pat Nolan of Prison Fellowship, and Marc Levin of Right on Crime.
Cutting Crime and Budgets: The National Movement from American Legislative Exchange Co on Vimeo.
A new study from the Institute for Justice—Forfeiting Accountability—has found that local Georgia law enforcement agencies are turning civil forfeiture proceeds into slush funds, hidden from public view. While civil forfeiture laws allow law enforcement to seize property upon the suspicion that it has been used in a criminal activity, Georgia law requires reports to be issued itemizing the property and detailing how it has been used. Unfortunately, only 2 of the 20 law enforcement agencies followed in the study have actually been issuing the required reports. The following video details what the Institute for Justice is doing to protect private property rights in light of Georgia’s civil forfeiture practices.
