Tampilkan postingan dengan label Enhancements. Tampilkan semua postingan
Tampilkan postingan dengan label Enhancements. Tampilkan semua postingan

Minggu, 05 Februari 2012

Demonizing pit bulls: Breed ban bad approach to dog-bite deaths

Among the criminal penalty enhancements and/or new crimes we can expect in the 83rd Texas Legislature in 2013, IMO  we're almmost certain to see legislation proposed banning dog breeds - especially pit bulls and related variants - under the pretense of protecting children, old people, etc., from deadly dog bites. Witness a Houston Chronicle story from yesterday that frames the issue in precisely that way, decrying the fact that "In the past five months, a newborn, another toddler and a 71-year-old retired teacher have been attacked and killed by dogs in the Houston area." Reported the Chron's Cindy Horswell:
Jaimee Westfall, a trauma nurse at Texas Children's Hospital for 13 years, said serious dog- bite cases were unusual in years past but now are becoming increasingly common.

"Over and over, I hear the victims' families say that they never thought their dog could do this," Westfall said. "He just snapped."

Thousands of complaints about aggressive dogs also are pouring in to the Harris County Sheriff's Office.
"We had 4,130 calls this past year in the unincorporated area, which is 5 percent more than the year before," said sheriff's spokesman Thomas Gilliland.

The dogs linked to the three recent deaths and many catastrophic injuries at Texas Children's were attributed to pit bull-type breeds that can include the American pit bull terrier, Staffordshire bull terrier, American Staffordshire terrier as well as sometimes American bulldogs and presa canarios.

Colleen Lynn, who heads a national dog-bite victim group based in Austin, said 71 percent of the 31 dog-bite deaths recorded across the U.S. last year involved pit bull-type dogs.
This is an area where victims are seeking to use sweeping criminal laws to effect deterrence that would be much better achieved through a more robust civil justice system. Owners of aggressive dogs that attack someone have no "mens rea," or criminal intent,  which in generations past was the bright-line distinction dividing criminal law and civil liability. But by the 21st century, that distinction had been muddied through overcriminalization and the expansion of criminal law to supplant other types of regulation.

Meanwhile, while we all feel terrible for the 31 people killed in dog attacks last year (22 by pits and their mixes, according to the story), there are an estimated 3.5 million or so pits and pit mixes in the United States, making them one of the more popular breeds. Also, people get bitten by dogs a lot, and mostly not by pit-associated breeds. About 1.5% of the American public is bit by a dog each year, with one in six bites requiring medical attention. So in practice, a breed-specific ban won't address most dog bites, and most dogs subject to it would be unlikely to ever seriously harm anyone.

Americans are prone to demonize dog breeds almost as a fetish, and at any given point in time the folks who worry about dangerous dogs always seem to have some waxing bogeyman to critique. After WWII, German Shepherds were the most feared attack dog. In the '60s,  a movie starring James Garner titled "They Always Kill Their Masters" helped shift that scare-focus to Dobermans. And in recent years, urban dog fighting culture, a la Michael Vick, has shifted similar concern to pits.

But most pits (or Dobermans, or German Shepherds) aren't a serious threat, while any dog that's mistreated, neglected, or afraid can become dangerous. I happen to own three dogs, two of which would be characterized as pit-mixes. All three came to us essentially through rescue type scenarios - the pits from a young, since-incarcerated idiot who had bought them, but never trained them, to fight. Of the three, the only one I worry about biting anybody is the much smaller, non-pit mutt (a mix of Chow, German Shepherd, and some sort of much-smaller terrier breed, at least). The bigger dogs are a greater danger to lick you to death. Moreover, when they're around anyone  they don't know, small children, etc., I make sure I closely control them, in part because of the extreme prejudice aimed at pits. As a practical  matter, they pose little risk to anyone.

By contrast, in my neighborhood in Central East Austin, there have always been people who chain aggressive dogs outside or in some cases train them to fight. (Until the area began to gentrify and white people began to complain, we didn't see animal enforcement here much.) Any one of those chained dogs - regardless of breed - is more dangerous than any of my animals. As "Dog Whisperer" Cesar Milan wrote recently on the subject, "a breed is like a suit of clothes, it doesn’t tell you anything about the dog inside." One of Michael Vick's fighting pits actually ended up being trained and certified as a therapy dog (for which, it merits mention, pits are temperamentally well-suited). In a proper environment, these are loyal and submissive animals with big hearts, while in the wrong environment, any dog can become a danger.

To me, the idea that the government would ban or euthanize my dogs based on such long odds of tragedy borders on demonical. My dogs are my friends, my family - like this poor fellow, I'd feel incredibly guilty and sad if I ever acted on such busy-body advice to kill them. Milan says that he rehabilitates animals but trains people, and IMO irresponsible humans (and perhaps increased rates of reporting) are the proximate cause for the rise in dog-bites, not pits in general, and certainly not mine. Legislators should seek methods besides breed bans and criminal enforcement to counter the problem, and encourage victims to avail themselves of the civil justice system. In the meantime, though, keep your paws off my dogs.

Senin, 30 Januari 2012

Hate crimes statute seldom used

I neglected to mention that at the Austin Statesman, Eric Dexheimer last week had a lengthy item in which your correspondent was briefly quoted critiquing Texas' seldom-used hate crimes statute, which has yielded just 10 successful prosecutions since Gov. Perry signed it into law in 2001. "'The law should punish bad actions, not unpopular or ignorant beliefs,' said Scott Henson, who writes the Grits for Breakfast criminal justice blog. 'It's another enhancement passed more out of political posturing than from good public policy or common sense.'"

From Grits' perspective, the hate-crimes statute flew in the face of the concept of equal protection under the law, creating an Animal-Farm type scenario where some are theoretically more equal than others. Of course, the same is true of nearly all "enhancements." E.g., when the livestock industry successfully seeks state-jail felony status for theft of a $35 goat, that means stealing from a protected class gets harsher penalties than stealing from you or me. The same theory underlay Texas' hate-crimes enhancements, and like so many special-interest driven enhancements (how many people are prosecuted for Texas' eleven oyster felonies, after all?), the statute in practice is seldom used.

Besides, aren't nearly all murders hate crimes? (Or at least the ones that aren't part of black-market business transactions?) Is the murderer's grim endeavor or the harm they reap worsened because the perpetrator indulged racist thoughts, or mitigated if they were thinking of unicorns and rainbows while dispatching their victims? I think not. Though it was enacted before this blog began, your correspondent disliked Texas' hate-crimes law at the time it passed and sees nothing to dislodge that view now that history has borne out most of its weaknesses and so few of the benefits touted by its proponents.

Senin, 24 Oktober 2011

'Bubble' in expanding life sentences, LWOP driving TDCJ health costs for older inmates

Sentencing Law & Policy points out an AP story addressing a trend toward greater use of live and life without parole sentences which - somewhat like the housing bubble - Texas came to late in the party but has embraced for the time being until either the bubble bursts or state leaders finally do the math and/or come to their senses. Reports AP:
Nationally, nearly 10 percent of more than 2.3 million inmates were serving life sentences in 2008, including 41,095 people doing life without parole, up 22 percent in five years, according to The Sentencing Project, which advocates alternatives to prison.  The increase resulted from lawmakers "dramatically" expanding the types and repeat offenses that carry potential life terms, research analyst Ashley Nellis said.

"The theme is we're protecting society, then the question is: From what?" said Soffiyah Elijah, executive director of the Correctional Association of New York, a watchdog group. She said with the cost of keeping a state inmate $55,000 a year — a cost that grows as they age and their medical needs increase — a financial analysis shows that parole and probation are far cheaper punishments that can also satisfy the public need for retribution.

Meanwhile, data show new crimes by convicted felons steadily declining from their teens through their dotage. "Most criminal behavior is tied with impulse control. The section of the brain that controls impulse control is the last section of the brain that becomes fully developed," Elijah said. There's a large drop-off in criminal behavior and recidivism after 40 or 45, she said, a point seldom made in public discussion "because it's not convenient. It doesn't dovetail with the kind of tough-on-crime mentality that results in votes."

Patricia Gioia, whose daughter was murdered 26 years ago in California and who runs the Albany chapter of Parents of Murdered Children, said killers should spend their lives locked up, contemplating what they did, the person whose life they took and the lifelong suffering of families and friends.  "They should in effect be punished for this and should not enjoy the freedom that other people have to wander the world," she said.

A Stanford University study in September showed the recidivism rate was less than 1 percent among 860 murderers paroled in California since 1995.  Five returned to prison for new felonies, none for similar life-term crimes. By contrast, nearly 49 percent of all released California inmates were recommitted for new crimes.
"Not only are most violent crimes committed by people under 30, but even the criminality that continues after that declines drastically after age 40 and even more so after age 50," the study found.
Regular Grits readers have known for a long time that Texas faces a growing number of elderly and infirm prisoners in its prison system, many of them with extraordinarily high healthcare costs. These prisoner demographics are the main cost driver for prison healthcare during an era when the Legislature has slashed funding for that purpose.

In recent years, having made virtually everything a felony and pretty much maxxing out on possible sentence enhancements (hence all the absurd ones we get now like misrepresenting the size of a fish), the Texas Legislature has expanded use of mandatory-minimum sentences, introduced life-without-parole (which accounts for scores of new TDCJ admissions each year), and just this year for the first time began to expand use of life-without-parole to non-capital crimes. At last count, around 6% of Texas prisoners were serving life sentences, compared to about 20% in California. (Prisoners with life sentences, as well as sex offenders, are also ineligible for medical parole.)

Texas could avoid going California's route, i.e., paying through the nose to incarcerate prisoners who pose little threat to public safety so this or that elected official can boast they're "tuff on crime." But that's where the system is headed if the state continues down its current sentencing path. California's federal litigation over inadequate health-care funding shows what happens when this particular bubble bursts.