Supreme Court refuses case about using criminal law against homeless

The court’s refusal to take up the issue is a setback to some states and cities [looking to criminalize] homelessness. They had hoped a federal appeals court ruling would be overturned, allowing them to prosecute people who sleep on streets when they claim shelter beds are unavailable. Boise had appealed the ruling, hoping to enforce its ban on camping in public.

…The U.S. Court of Appeals for the 9th Circuit ruled last year that prosecuting homeless individuals violated the Constitution because their situation was an “unavoidable consequence of one’s status or being.” 

…”A city that criminalizes both sleeping on private property and public property when no alternative shelter is available leaves a homeless individual who cannot obtain shelter with no capacity to comply with the law.”

…The notion of recriminalizing homelessness at a time when shelters are bulging enrages advocates.

…A 15% increase over three years in the number of cities that punish homeless people for sleeping in public, even as the number of unsheltered homeless rose by 10%.

Advocates for the homeless say citations or …[having] police clear the streets of homeless people who have nowhere else to go [by arresting them for the crime of poverty] amounts to “arresting exhausted, deeply poor and vulnerable Americans struggling to meet the most basic human need for sleep.”

Supreme Court refuses case about using criminal law against homeless

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The History of Black Incarceration Is Longer Than You Think

Recent scholarship has explored the roots of modern mass incarceration. Launched in the 1980s, the war on drugs and the emergence of private, for-profit prison systems led to the imprisonment of many minorities. Other scholarship has shown that the modern mass incarceration of black Americans was preceded by a 19th century surge in black imprisonment during the Reconstruction era. With the abolition of slavery in 1865, southern whites used the legal system and the carceral state to impose racial, social and economic control over the newly liberated black population. The consequences were stark. In Louisiana, for example, two-thirds of the inmates in the state penitentiary in 1860 were white; just eight years later, two-thirds were black.

…Although they usually relied on the whip, countless enslavers also chained their human property in plantation dungeons below the main dwelling house or in a barn. Some locked enslaved persons in a hot box under the scorching southern sun. 

…After 1819, only the state of Louisiana habitually punished enslaved criminals with prolonged sentences in the penitentiary, usually for life. Virginia bondpeople typically spent only months to a year or two in the penitentiary before being purchased by a slave trader.

…The New Orleans Day Police confiscated the convict bondpeople and carried them to the Watch House at city hall for safekeeping. 

…Listed as “forfeited to the state,” their new master was the state of Louisiana. Some 200 enslaved people were held in the Louisiana State Penitentiary in the antebellum decades. 

…Prisoners at the penitentiary donned the convict’s uniform, which included an iron ring around the leg, linked by an iron chain to a belt around the waist. The penitentiary itself consisted of a three-story brick structure. Prison guards deposited inmates in cramped, individual cells, three and one-half feet wide and seven feet deep, secured by a iron door, poorly ventilated and unheated in the winter. Prisoners slept on mattresses placed on the floor and, at mealtime, ate mush and molasses from a tin plate in their cell, in the dark and alone. 

…Enslaved women may have willingly participated, in spite of vigilant officials, in loving relationships or clandestine affairs with fellow prisoners. At least as likely, female convicts proved captive, convenient and vulnerable targets for the unwanted advances of inmates, coercive white guards or other penitentiary authorities who wielded power over them. The prospect of rape was ever-present. At the same time, it is possible that the relatively few enslaved women in the Louisiana State Penitentiary were able to leverage their sexuality to extract various favors from those in charge or from inmates able to smuggle in goods from the outside. Given the range of possible encounters, Charlotte’s son and daughters may have been the products of consensual acts, forced sex, coercion or some combination thereof.

…A Louisiana law of 1848, unique among the slaveholding states, declared that children born to enslaved female prisoners confined in the penitentiary belonged to the state. An act of 1829 forbade the sale of enslaved children under the age of 10 away from their mothers, however, so the state was legally obligated to keep them together until the child’s 10th birthday. At that time, the state could seize the youngster as state property and auction him or her off to the highest bidder. The proceeds of such sales went to the free school fund, to finance the education of Louisiana’s white schoolchildren.

… By the outbreak of the Civil War, the seeds for the later mass incarceration of black people were already planted, the institutional structures already in place, and the precedents for black imprisonment already set. With the end of slavery, prisons were well positioned to transition from a secondary to a primary form of black oppression.

The History of Black Incarceration Is Longer Than You Think | Time

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McKinsey proposed ICE cut spending on food and medical care for detained migrants to reduce costs.

McKinsey was brought into the deportation game by the Obama administration, according to the report, which used the firm to carry out an “organizational transformation” in the Immigration and Customs Enforcement division grappling with processing and deporting a surge in undocumented migrants. “Organizational transformation,” in consultant speak, roughly translates as: This is too expensive; somebody’s about to get screwed. Could be the workers, and it usually is. Could be anyone. Could be migrant families. And in this case, it was.

…“They proposed cuts in spending on food for migrants, as well as on medical care and supervision of detainees.”

…After its ICE contract ran out, McKinsey slid over and is working on a $10 million gig with Customs and Border Protection that will run at least through September 2020.

McKinsey proposed ICE cut spending on food and medical care for detained migrants to reduce costs.

Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr

A Federal Judge Orders Sweeping Changes To Bond Hearings In Boston Immigration Court

Saris ruled that asking an undocumented immigrant who is eligible for bond to prove why they are neither a flight risk nor a threat to the community violates the individual’s due process.

Moving forward, the burden of proof will be placed instead on federal immigration officials, similar to how bond hearings are decided in criminal court proceedings. 

Saris additionally ordered immigration judges to consider alternative conditions to detention, like GPS monitoring and orders of supervision that require regular check-ins with U.S. Immigration and Customs Enforcement (ICE).

A Federal Judge Orders Sweeping Changes To Bond Hearings In Boston Immigration Court | WBUR News

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We Just Got a Rare Look at National Security Surveillance. It Was Ugly.

While clearing the F.B.I. of acting out of political bias, the Justice Department’s independent inspector general, Michael E. Horowitz, and his team uncovered a staggeringly dysfunctional and error-ridden process in how the F.B.I. went about obtaining and renewing court permission under the Foreign Intelligence Surveillance Act, or FISA, to wiretap Carter Page, a former Trump campaign adviser.

…Most of those targets never learn that their privacy has been invaded, but some are sent to prison on the basis of evidence derived from the surveillance. And unlike in ordinary criminal wiretap cases, defendants are not permitted to see what investigators told the court about them to obtain permission to eavesdrop on their calls and emails.

Civil libertarians for years have called the surveillance court a rubber stamp because it only rarely rejects wiretap applications.

…Everyone involved in the Page wiretap knew that what they were working on was likely to come under close scrutiny, yet they still repeatedly failed to follow policies.

Mr. Horowitz also said senior-level supervisors bore responsibility for permitting systemic failures to fester, and his office has begun a broader audit of unrelated FISA applications.

…The government has fought hard to keep outsiders from seeing what goes into its FISA applications. In 2014, a federal judge in Illinois ordered the government to show a defense lawyer classified materials about the national security surveillance of his client, which would have been the first time a defense lawyer had been given such materials since Congress enacted FISA in 1978.

But the Obama administration appealed, and an appeals court overturned the order, agreeing that letting the defense counsel see the application would create an intolerable risk of disclosing sensitive government secrets.

That stands in contrast to how wiretapping works in ordinary criminal law. Targets are usually told when the surveillance ends. If they are prosecuted based on evidence gathered from the wiretap, they get to see what was in the application so their defense lawyers can argue that the government made a mistake and the evidence should be suppressed.

The prospect of that adversarial second-guessing gives criminal investigators a reason to be scrupulous about what they put into their requests for wiretaps.

We Just Got a Rare Look at National Security Surveillance. It Was Ugly. – The New York Times

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How Tom Kiefer documents lives via items seized by border patrol

While working as a janitor at the same facility from 2003 to 2014, photographer Tom Kiefer secretly collected the belongings and later began shooting them.

How Tom Kiefer documents lives via items seized by border patrol – Los Angeles Times

It bears mentioning that this from 2003-2014. What the same collection would like now is even more mild-blowing.

Not to get all Gen-Xy or anything but, ‘The humanity!’

Girlfriend of Philando Castile Diamond Reynolds Sues Minnesota Mayor for Defamation – Black Enterprise

Diamond Reynolds, the girlfriend of the late Philando Castile, has filed a defamation lawsuit against Elysian, Minnesota, Mayor Tom McBroom over a 2017 tweet where he wrote that a settlement she won from the city would be spent on “crack cocaine.”

Girlfriend of Philando Castile Diamond Reynolds Sues Minnesota Mayor for Defamation – Black Enterprise

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A Trump administration strategy led to the child migrant backup crisis at the border

“This will strain bed capacity,” authorities wrote in a discussion paper in February 2018.

..According to current and former government officials, and emails and memos detailing the Trump administration’s strategy, it is clear they knew that without enough beds in government shelters, children would languish in Border Patrol stations not equipped to care for them.

…[Policies also] made it harder for adult relatives of unaccompanied minors to secure the children’s release from U.S. custody. Enhanced vetting of sponsors — including fingerprints and other paperwork — and the sharing of that information between child welfare and immigration authorities slowed down the release of children and exposed the sponsors to deportation.

…The contractors tasked with carrying out the background checks and fingerprinting were overwhelmed, according to current and former HHS officials.

The approach caused thousands of unaccompanied minors to be stranded in U.S. custody and exacerbated the appearance of a crisis on the southern border — a major element underlying the administration’s public request for billions of dollars in additional funding from Congress.

…A few months after the policy was implemented, HHS officials determined that it was not improving child safety. They concluded that the added vetting was redundant and needlessly extended the time children remained in custody.

…The administration also developed and rolled out its family separation policy in the spring of 2018, part of its “zero tolerance” approach at the border. The months-long initiative, which separated thousands of children from their parents, compounded the need for shelter space.

A Trump administration strategy led to the child migrant backup crisis at the border – The Washington Post

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South Bend black leader endorses Biden, rebukes Buttigieg

Davis also scolded Buttigieg, saying the mayor’s woes attracting support from communities of color “is not a new problem for him.”

…But Buttigieg, who is polling at 0 percent with black voters in Quinnipiac’s latest South Carolina survey, didn’t have to answer for some of his campaign’s recent racial miscues, such as the revelation that some South Carolina black leaders were surprised to see themselves named as supporters of Buttigieg and his Douglass Plan for black America.

“It’s very difficult and very frustrating to talk about a Douglass Plan when he did not perform that while he was the mayor here in town. A Douglass Plan should’ve been implemented in South Bend, Ind.,” Davis said. “He should’ve run on that in the 2011 or at least 2015 campaign, run on it, had success with it, shared it with Indiana, run nationally. I would’ve been the first one to champion that. But to see that he champions it across the country when it wasn’t practiced here has brought me great concern.”

South Bend black leader endorses Biden, rebukes Buttigieg – POLITICO

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Trump Administration Separates Some Migrant Mothers From Their Newborns Before Returning Them to Detention

Advocates also report that some asylum seekers in the Western District of Texas who have given birth in USMS custody were forced to hand over their newborns to the Texas Department of Family and Protective Services (DFPS). Reuniting with their newborn hinges on their release from federal custody, and whether they can access legal help to navigate the child welfare system.

…Dr. Shelly said she doesn’t know if the U.S. citizen newborns of detained parents are eventually adopted or whether detained patients are deported without regaining custody of their babies. The OB-GYN is also unsure if foster parents have any obligation to remain in communication with parents remanded to USMS custody.

According to USMS, the onus for child care placement is on the detained parent, though it appears as if asylum seekers who give birth in USMS custody don’t have many choices at all.

…U.S. Customs and Border Protection (CBP) could release these women shortly after they are first apprehended, and then refer them to organizations like Annunciation House that can offer support as they pursue asylum and prepare to give birth. But that’s not what happens.

Trump Administration Separates Some Migrant Mothers From Their Newborns Before Returning Them to Detention – Rewire.News

Jeezus….

Mpls. police discover 1,700 untested rape kits over 30 years

An internal review of sexual assault cases in Minneapolis turned up an estimated 1,700 untested rape kits from as far back as the 1990s — a backlog that officials say could take at least two years to clear.

…The latest count far surpasses the 194 untested kits reported during an 2015 audit, part of what Minneapolis Mayor Jacob Frey called an “unjustified mistake” that left years of potential evidence sitting in police storage.

…The department’s sex crimes unit is still conducting a final count to determine how many kits remain, which comes amid a national reckoning over sexual harassment and assault.

…Minnesota police frequently struggled to investigate cases of sex assault in the years reviewed, often failing to interview witnesses, collect evidence or even assign detectives.

…Under the state’s rape law enacted last year, police have 10 days to retrieve unrestricted exam kits from health care facilities and 60 days to submit them for testing. They are also required, when asked, to inform victims about the status of their kits and any findings. 

Mpls. police discover 1,700 untested rape kits over 30 years – StarTribune.com

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A mom grieving her 4-year-old daughter was pinned to ground by Arkansas police

A mom grieving her 4-year-old daughter was pinned to ground by Arkansas police

Jeezus….

No amount of confusion or incompetence is a valid excuse abusing civilians.

This kind of racist overreach is unacceptable in a law abiding society. Hope the family sues the entire community into the stone age over this.

The only way errant police forces are brought to heel is when the community demands it and the only way communities are brought to a point where they demand better behavior from the police officers they employ is when member of the community are unable to ignore the consequences of unlawful and thuggish behavior of the police is when other services are compromised.

If a community is brought to its knees by a suit and other services such as ambulances and schools are unable to give the community what they need, only then will people demand their police officers obey the law.

So to repeat: here’s hoping this family sues the entire municipality beyond bankruptcy all the way back to the stone ages.