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Category Archives: Victimless Crimes

Crime went up by 10% this year the biggest annual increase in a decade. What’s behind the rise? – Channel 4 News

Posted: July 22, 2017 at 8:38 am

The total number of crimes recorded by police in England and Wales rose by 10 per cent between March 2016 and March 2017, according to the Office for National Statistics(ONS).

Thats the biggest annual increase in a decade, and it comes after years of cuts that have seen police numbers fall by 20,000 since 2010 (which we subjected to the FactCheck treatment earlier this year).

In April, the assistant commissioner at the Metropolitan Police, Martin Hewitt, said it would be a naive answer to say that if you cut a significant amount out of an organisation, you dont have any consequences.

But is there strong evidence that austerity played a role?

FactCheck investigates.

The police recorded nearly 5 million offences in the 12 months up to March 2017 a 10 per cent increase from the previous year. We havent seen such a sharp spike for over a decade.

Between 2004 and 2010, the number of crimes recorded by police in England and Wales each year was falling. The coalitions spending cuts started to take effect in 2011, and since then, crime rates have crept up. Theyre not as high as they were in 2003-4 (when total recorded crimes were at 6 million), but theyre on their way.

Successive governments have tried to get police forces to record the true extent of crimes for years. Forces came under renewed pressure in 2014 after the UK Statistics Authority stripped them of their official statistics status.

Since then, Her Majestys Inspectorate of Constabulary has been carrying out spot-checks, and has said that many forces still need to improve their recording practices.

You might think then, that todays figures simply show that the police are responding to this pressure, and getting better at reporting crimes.

Thats been true in previous years, but it doesnt quite explain whats happened this year.

John Flatley from the ONS said that while ongoing improvements to recording practices are driving this volume rise [in the number of recorded crimes], we believe actual increases in crime are also a factor in a number of categories.

In other words, the police are getting better at recording crime, but the number of crimes is also going up.

When you compare the year-on-year changes in police numbers with the number of recorded crimes in England and Wales, its difficult to see a strong statistical link. For example, officer numbers rose between 2008 and 2009, but reported crimes fell in the same period.

This is shown in the graph below, which uses data from the ONS.

Its also worth remembering that the crimes recorded by the police are not the only way we measure crime.

The ONS also uses the Crime Survey for England and Wales (CSEW) to estimate the number of crimes each year. The Survey conducted by the ONS interviews a representative sample of the population to ask if theyve experienced crime in the last 12 months.

Interestingly, this years Survey showed a 7 per cent fall in the total number of crimes in England and Wales, despite the 10 per cent rise in crimes recorded by the police.

Although the Survey estimated that there were 5.9 million incidents of crime this year 900,000 more than the police recorded.

So why are the two figures different?

First of all, the Survey results are an estimate based on a sample size of the population, whereas police records in theory should accurately account for every single case of recordable crime.

They also measure different types of crime. The Survey does not include crimes against businesses and organisations, and excludes so-called victimless crimes like possession of drugs.

The Survey may also estimate a higher number of crimes each year because it includes crimes that were never reported to the police.

FactCheck verdict

Its true that there are 20,000 fewer police officers on the streets than there were when austerity began. Its also true that crime rates have risen over that period.

But some of that rise is because the police have got better at recording crimes. And police records are not necessarily the best measure of crime rates in England and Wales. The Crime Survey says that crime has actually fallen by 7 per cent this year.

Ultimately, its very hard to tell whether austerity has led to more crime.

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Crime went up by 10% this year the biggest annual increase in a decade. What's behind the rise? - Channel 4 News

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There’s no such thing as a victimless crime – KGUN

Posted: at 8:38 am

PHOENIX, Ariz. (KGUN9-TV) - There is a victim in every crime -- a person harmed, injured, or killed as a result. If and when the perpetrator is caught, he or she could very well spend time locked up in prison. To some people, that's the end of the story -- the person is off the streets and away from the victims. However to the victim and those close to the victim, it's just the beginning of a new chapter.

"A lot of times, society thinks that once a conviction has occurred, it's all done and over with," Jan Upchurch said. "And it is not. People that are victims of crime are always impacted by that experience."

Upchurch is the administrator of the Arizona Department of Corrections Office of Victim Services. Her day-to-day consists of working with victims of crimes, making sure they get everything they need.

"It's all kinds of crimes," she said. "It can be stalking, murder, a sexual assault, financial crimes, stolen cars."

Victims of crime can "opt in" to her office's services at any time -- immediately after the crime, months after the crime, even years later when the criminal's been behind bars for years.

"All they have to do is call our number, or there's a form online through the Attorney General's office of victim services they can fill out," she said. That number is (602) 542-1853.

Once a person has opted in, her office will be a resource for many questions they might have. Some of those questions are just curiosities, others sometimes are about the judicial process.

"If they've gotten into trouble if there's disciplinary actions, what's the life like for an inmate," Upchurch said. "Sometimes people want to know that. What's their cell look like."

One of the main questions her office deals with: when will the person responsible for the crime rejoin society?

"We mail out letters usually one to two months before an inmate is released," she said."The day of his release, we actually do call the victims again and let them know that the inmate has been released."

Upchurch wasn't always an advocate for victims. But that all changed when she became one herself, after a tragic incident killed her husband.

"It was August 31, 1990," she said. "My first husband was a DPS officer and he was killed in the line of duty by a drunk driver. It shattered my world."

Her life was turned upside down that night. She's been able to move forward since that night, but she says the moment will stay with her forever.

"People that are victims of crime never get over it. It's always a part of their life," Upchurch said.

Helping others through a similar story has helped her cope with moving forward -- it's what she's made a career out of.

"To help them find some peace and a sense of justice," she said. "That's the really important part."

But for the victims and the families of victims, she says there is no such thing as closure, only a sense of justice.

"Can you ever fulfill complete justice?" Upchurch said. "No, because you can never bring someone back that has been murdered or been horrifically a victim of domestic violence or stalking."

While victims may never get the complete justice they're looking for, Upchurch says finding the sense of justice is crucial for the healing process and finding a new normal in life.

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Graffiti trio sentenced for 4,000 vandalism spree (From Salisbury … – Salisbury Journal

Posted: at 8:38 am

THREE graffiti vandals responsible for nearly 4,000 of damage have been ordered to pay compensation.

Ben Bartlett, 23, of Neville Close, Salisbury, Michael Davies, 29, of Rollestone Street, Salisbury, and Jack Ellis, 21, of Shears Drive, Amesbury, admitted criminal damage in Salisbury Magistrate's Court today (Friday).

The trio were responsible for 3,928.87 worth of damage and appeared in court for 14 charges between them.

Prosecuting, Kate Prince, said Wiltshire Police had been investigating an increase of graffiti in Salisbury with more than 200 "tags" recorded between January and October 2016.

Bartlett was identified as a suspect made full admissions when arrested.

Davies was arrested after admitting on his Facebook page that he was a graffiti writer, rather than his brother who had wrongly been arrested.

Ellis also outed himself on Facebook in a series of comments on the Journals Facebook page and his own profile.

Items they vandalised included a carriage at Salisbury railway station, to which 2,100 worth of damage was caused.

An Iceland delivery van, a shutter belonging to the Trussell Trust, a wall of the Chapter House pub and other buildings around the city had also been vandalised.

Bartlett used the tag 'Nesek', Davies used 'KRS' or 'Kearsey' and Ellis used 'Peak' or 'PK'.

A statement from Cllr Mike Osment stated: "Unsolicited, wanton graffiti is simply an act of vandalism in a different form.

"In this financial year [2016], and on Salisbury City Council land alone, 1,320 has already been spent with contractors to remove graffiti with another estimated 1,200 yet to be arranged.

"It should also be remembered at all times that of course the monies taken to remedy graffiti is not from some mysterious source, it is public money that everybody pays via their various taxes.

"In today's climate of ever lessening availability of public funds, the impact of graffiti is therefore extenuated to an even higher level of impact."

Bartlett, representing himself in court, said: "We love the art, we love it with a passion."

He said he had to travel to Southampton or Bournemouth to paint graffiti legally, despite his low income.

He told magistrates Salisbury "should have a wall of its own to do it [graffiti] without the worry of being caught or anything".

Defending, Matthew George said Salisbury City Council had declined Davies' offer to clean up the graffiti.

He said Davies had stopped doing graffiti and had a "desire to become a professional artist".

Defending Ellis, Nick Redhead said: "I think it would be fair to say these are not always easy crimes for the police to investigate.

"To a significant extent, Mr Ellis has sidestepped that difficulty for the police by making the disclosures that he has."

He added: "This is not a victimless crime and sometimes people lose sight of that, as perhaps Mr Ellis did.

"He expresses himself as more interested in the art side of this, rather than damaging people's property."

Magistrate Debbie Slater order Bartlett to pay compensation of 2,268, Davies to pay 785 and Ellis to pay 875.

Bartlett and Ellis must also carry out 150 hours' unpaid work each, but Davies was unsuitable due to depression.

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Graffiti trio sentenced for 4,000 vandalism spree (From Salisbury ... - Salisbury Journal

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Blackpool: From the courts 21-07-17 – Blackpool Gazette

Posted: at 8:38 am

Here is the latest round-up of some of the cases at Blackpool Magistrates Court.

Oliver Wheatcroft, 26, begging

A man with money and a home was a prolific begger.

Oliver Wheatcroft was paid more than 230 a week in state benefits and was said to have chosen his begging lifestyle.

His crimes were described as not victimless and it was said people with probably less money than him had given him money and food.

Wheatcroft, 26, of Elm House Hostel, Derby Road, Blackpool, pleaded guilty to six offences of begging.

He was sentenced to a four year Criminal Behaviour Order (CRIMBO) which bans him from begging in Blackpool and fined 100 with 100 costs plus 30 victims surcharge.

Defence lawyer, Steven Townley, said an offence of begging was only punishable with a fine but from now on Wheatcroft could be sentenced to up to five years imprisonment if he breaches the order.

Prosecuting for Blackpool Council, Mike Caveney, said Wheatcroft had repeatedly been seen begging in central Blackpool.

Mr Caveney said: He is not homeless. He gets over 230 a week in housing benefits. He chooses his lifestyle to support other activities he spends money on.

It is not a victimless crime. People with possibly less money than he has have given him money and food.

Visitors are confronted with him in a dishevelled state. Business people do not like him in front of their premises.

The prosecutor added that the manager of the resorts Body Shop said Wheatcroft could be moved on several times, but he would just go round the block and come back 30 minutes later.

Mr Townley said his client had immediately pleaded guilty to the begging offences. The CRIMBO would prevent Wheatcroft from doing anything which might be seen as begging.

He told the court: You were told he is not homeless and has plenty of money. That is misleading. He has a room in a hostel.

He does not have a lot of money. He is on benefits and most of that money goes to the hostel. He is a drug addict and is getting treatment with methadone.

The order bans Wheatcroft from:

Asking people he does not know for money, food or other goods or approaching anyone for that purpose in any place to which the public have access in Blackpool Borough.

Sitting or remaining outside any business or premises to which the public have access for the purpose of begging in Blackpool.

Sitting, loitering or remaining on any highway or public thoroughfare or outside any business or premises to which the public have access, giving the impression he is waiting for any person to give him money, food or other goods. For the avoidance of doubt this includes and is not restricted to public toilets, train stations, doorways and bus shelters in Blackpool.

Here is Thursdays round-up of cases at Blackpool Magistrates Court 20-07-17

Peter McGuinness-Wood, 38, breach of post prison supervision

A man has been sent back to prison after falling asleep on a train and failing to meet his probation officer on the day he was released from jail.

Peter McGuinness-Wood had been called into the probation service offices after he missed the appointment and ended up being threatening towards his probation officer.

McGuinness-Wood, 38, of Reads Avenue, Blackpool, pleaded guilty to breaching his post prison supervision.

He was sentenced to 14 days jail.

Presiding magistrate, Brian Horrocks, told him: You had been drinking and actually made a threat to your probation officer. That is not on.

The court was told that McGuinness-Wood was released from Preston Prison on July 13 after serving a sentence for breaching a restraining order.

Gillian OFlaherty, prosecuting for the probation service, said the defendant had been told to attend the probation service offices in Blackpool that day but he did not go.

McGuinness-Wood later phoned his probation officer and said he had not kept the appointment as he had called asleep on the train and woken up in Oxenholme.

On July 18 the defendant had attended at the probation service offices. He appeared under the influence of alcohol and became argumentative.

A warrant for his arrest for breaching his post prison sentence had been issued and the police arrived.

McGuinness-Wood said to his probation officer: One day you and me will bump into each other in the street. And he lunged at the officer as he was led out.

Stephen Duffy, defending, said after being released from jail his client had fallen asleep on the train and missed his appointment with his probation officer.

His probation officer then told him to go to the probation service offices on July 18.

McGuinness-Wood got upset because he felt his probation officer should not be calling the police to tell them he was there.

Mr Duffy added: His perception of a probation officer was an old-fashioned one of a court appointed friend.

He felt he had been hoodwinked into attending the probation service offices and was not told a warrant had been issued to arrest him. He got upset as he felt he should have been told beforehand.

Stephen Allen, 37, possessing cocaine with intent to supply

A man accused of having half-a-million pounds of cocaine concealed in a secret compartment in the car he was driving as he headed towards Blackpool has made his first appearance at court.

Stephen Allen is said to have been stopped on the M55 and a painstaking investigation into the vehicle by police revealed a void concealed behind the drivers seat which contained almost two kilograms of cocaine which was 81 percent pure.

Allen, 37, of Warrington Road, Prescot, Merseyside, is charged with possessing cocaine with intent to supply the drug on February 17 this year.

He was arrested at Manchester Airport on Tuesday after flying into the country from Barcelona.

Prosecutor, Sarah Perkins, asked for the case to be heard at crown court and opposed bail.

Allen was remanded in custody to appear at Preston Crown Court on August 16.

Christopher Rogers, 26, assault

A man accused of punching his 23-weeks pregnant girlfriend and spraying her with a fire extinguisher has made his first appearance at court.

Christopher Rogers, 26, of Broughton Avenue, Layton, pleaded not guilty to assault and causing 70 worth of damage to his partners hair straighteners, laundry maiden and a light fitting.

Rogers was bailed to October 6 for tria.

He must not contact the complainant or go within 50 metres of an address on the resorts Talbot Road as conditions of his bail.

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Blackpool: From the courts 21-07-17 - Blackpool Gazette

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Four who stole lead from Erpingham and Baconsthorpe churches left communities ‘totally crushed and devastated’ – Norfolk Eastern Daily Press

Posted: at 8:38 am

PUBLISHED: 15:10 20 July 2017 | UPDATED: 16:47 20 July 2017

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Today the men were jailed for a total of 10 years and 10 months for conspiring to steal lead from churches at Erpingham and Baconsthorpe.

Sentencing the four, Recorder Frank Burton QC said stealing lead from churches was not a victimless crime.

He said: Im quite satisfied that there was a degree of sophistication and significant planning. These churches are uninhabited and they are vulnerable.

The damage caused great harm to the architectural richness of the region which is cherished by believers and non-believers.

Robert Balotesco, 38 and Razvan Cracea, 27, were both jailed for three years and one month while Stengatu Ciprian, 25, and Ion Dan, 25, were given two years and four months.

The court heard how the raiders stole lead from St Marys Church in Baconsthorpe, near Holt, on the evening of March 3-4 and again on the evening of April 26-27, causing about 100,000 of damage.

They also struck St Marys at Erpingham on May 9, but fled after an alarm went off. But they returned to the church on May 16, stealing lead and leaving a replacement bill of 10,000-50,000.

The court heard Ciprian and Dan joined the group on May 20, but were still knowingly part of the conspiracy.

The four men, who were travelling in a van, were arrested after a police pursuit near Wisbech. Several other men escaped from the scene.

Mr Burton said members of the church community were left totally crushed and devastated by thefts and doubted their ability to raise enough money to fix the roofs.

All four men, who were based in the Coventry area, pleaded guilty on June 19 to one count of conspiracy to steal lead from churches between March 1 and May 21 this year.

In mitigation, the court heard the men felt genuine remorse for the crimes.

This newspaper has a campaign called Stop The Roof Raiders which aims to raise awareness of this region-wide issue.

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Smash and grabs surge in SF’s Mission – Mission Local

Posted: July 20, 2017 at 3:41 am

On Wednesday morning six cars were found with their windows broken on 22nd Street and South Van Ness Avenue.

A street over, at 22nd and Shotwell, two more cars were discovered with smashed windows.

For Gary Siegel, owner of the San Francisco Auto Repair Shop Center at 3260 19th St. where one of the vandalized cars is currently being fixed, the alarming trend of busted car windows is nothing new.

Siegel said that it is not unusual for his business to get up to three cars with broken windows in a week. Hes not alone. In the first six months of the year, there have been a total of 1,162 reported thefts from locked vehicles in the Mission, according to the citys data site. Thats a 35 percent increase from the same period last year.

That segment of crime known as smash and grabs has been increasing steadily since 2009.

If there is any consolation, the Missions smash and grabs represents only nine percent of the 13,181 thefts from locked vehicles citywide.

Siegel blames Proposition 47 for the rising car burglaries in the Mission. Proposition 47 was approved by voters in 2014 and categorizes non-serious and nonviolent property and drug crimes as misdemeanors rather than felonies with the intention of reducing inmate populations and increasing state savings.

There is no deterrent, said Siegel.

He argues that Proposition 47 prevents officers from being able to act against those committing misdemeanors.

However, the failure to prosecute smash and grabs predates the proposition.

It is hard to connect the suspects to all these different car break ins, said San Francisco Police Public Information Officer Robert Rueca. He said that often there is just not enough evidence to locate the suspects and make arrests. This is why it is crucial to get eyewitness accounts, vehicle and person descriptions whenever possible, he said.

Rueca said it is probably a small number of individuals involved. When they once arrested two people for the smash and grabs, there was an immediate dip.

In the meantime, Siegal warns. It is not a victimless crime, he said. People have to pay to have their windows fixed, which is not cheap. Fixing a window can cost up to $400.

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Robbers covered in blue dye after stealing cash box from Liverpool bank – Liverpool Echo

Posted: July 19, 2017 at 4:40 am

Bank robbers who stole a cash box from a security guard were sprayed with blue dye after breaking it open.

At around 10am today a security guard was making a cash collection at Barclays bank on Mill Lane, West Derby when a man approached him from behind and pushed him, demanding he hand over the cash box.

The man, who was wearing a dark coloured tracksuit and had his face covered, took the box and is believed to have made off from the scene in a white Transit-type van.

It was driven by a man in a grey tracksuit who also had his face covered. A short time later the Transit van and cash box were found nearby.

This afternoon the bank remained taped off and there was a sign on the door saying the branch was closed.

Forensic officers were at the scene and could be seen working both inside and outside the building.

People working in businesses around the bank and local residents said the first thing they knew about the robbery was when they heard an alarm at the bank and then police cars arriving.

One woman said: I assumed there had been a robbery but no-one was around. There was smoke coming out of the bank and then lots of police arrived

Detective Inspector Phil Mahon said: Robberies of security guards are not victimless crimes and it is unacceptable for this guard to be subjected to this ordeal while he was just carrying out his job is unacceptable.

We are carrying out a number of enquiries in the area including the examination of CCTV and forensic enquiries.

We know that when the offenders broke open the cash box it sprayed them and the cash with blue dye, so we are particularly keen to hear from anyone who may have seen two males with blue dye on their clothes after the incident, or anyone who has been given cash with blue dye on it since the incident.

The guard was not injured but left very shaken by the incident.

DI Mahon added: Wed be keen to hear from anyone who witnessed the incident itself or who saw the offenders acting suspiciously in the Mill Lane area to get in contact on 0151 777 4065 or Crimestoppers anonymously on 0800 555 111.

Any information no matter how small will be treated with the utmost confidence and could assist with our investigation.

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55 Years Behind Bars – Slate Magazine

Posted: at 4:40 am

Photo illustration by Slate. Photos by Michigan Department of Corrections.

When Sheldry Topp was a child, his father whipped him regularly with an extension cord. At the age of 13, Topp was involuntarily committed to a state hospital and received electroshock therapy for an undefined mental illness. Four years later, in 1962, he ran away from the institution, broke into the home of an attorney in Oakland County, Michigan, and stabbed the man, who then died. Topp fled and was caught by the FBI. At the age of 17, he was sentenced to life in prison without the possibility of parole.

At 72, Topp is the oldest person in Michigan serving a life-without-parole sentence for a crime he committed as a youth. Even though the Supreme Court has held that such sentences should be reserved for the rarest of juvenile offenders and 19 states plus the District of Columbia have eliminated them entirely, Topp is still in prison. The current county prosecutor, Jessica Cooper, wants to keep him there until he dies.

Topp told researchers from the Sentencing Project, a nonprofit research and advocacy group, that he never meant to kill anyone. I only wanted to escape from the [state] hospital, he said. I spent most of my life from the age of about 13 in various juvenile [homes] and hospitals because of my attempts to escape from a father whom I feared so much that I constantly trembled in his presence. Topp earned college credits in prison (before the program was cut) and received certificates in welding, plumbing, mechanics, and computer programming. But he may never get to use them.

Since the Supreme Court rulings in Miller v. Alabama in 2012 and Montgomery v. Louisiana in 2016, states have scrambled to figure out how to give those sentenced to life without parole as kids a meaningful opportunity for release. In the wake of those decisions, every state has been left to reassess its juvenile life-without-parole cases. Michigan has more than 350 cases requiring resentencing, the second-highest number in the nation after Pennsylvania.

While some states have opted to grant parole hearings to prisoners whove served a certain amount of time, others including Michigan have decided to hold resentencing hearings before a judge, who then determines whether each individual should get a parole-eligible sentence. This means prosecutors must comb through old filessome of which are missingand attempt to reconstruct an individuals mindset and history at the time of the crime. While the judge makes the ultimate decision, prosecutors are the ones who decide how to pursue each case. In many counties, prosecutors have declined to seek life without parole and allowed inmates to plead their cases to parole boards. But not in every county.

While the Supreme Court clearly mandated that life-without-parole sentences for youth should be rare, they arent in Oakland County, Michigan. Cooper, the county prosecutor, decided that 44 out of the 49 juvenile life-without-parole defendants in her district deserve to have those sentences kept intact.

When Cooper ran for re-election in 2016, she promised the harshest sentences for juvenile lifers, dubbing them heinous and the worst of the worst. She has consistently defended her support of life without parole in the press, arguing that youth is not an excuse for murder and pointing to defendants records in prison, some of which contain citations for misbehavior. In a phone conversation, she told me that in about half of the 49 cases, the defendants were older than 17, which in Michigan meant they were automatically charged as adults. The Oakland County sheriff, who supported Coopers campaign, compared those sent to prison as kids to Hannibal Lecters. Cooper, who was a judge before becoming a prosecutor, failed to recuse herself from three cases in which she herself had handed down the sentences. She assigned life-without-parole sentences in each of these cases from the bench and is seeking the same results as prosecutor.

No one from the victims family has opposed Topps attempts to seek commutation.

Coopers office has granted the chance for release to just a handful of offenders. One of them is Thomas Anzures, who was resentenced to 30 to 60 years and released on parole this spring. Almost four decades ago, at the age of 17, he was convicted of shooting someone in the course of a robbery gone wrongcircumstances that seem similar to those in Topps case. Cooper told me Anzures had shown a great deal of growth in prison and was not the primary culprit in the crime.

As for Topp, Cooper explained to me that her decision was based on materials from his 1962 trial that she felt indicated he was either a psychopath or a sociopath and not redeemable. Coopers brief arguing for a life-without-parole sentence for Topp cites his sociopathic personality diagnosis, which an expert suggested prior to his sentencing. (This diagnosis is no longer in the Diagnostic and Statistical Manual of Mental Disorders.) One assistant prosecutor feebly defended the assertion, saying, Theres just a nagging feeling in me that theres something that could snap in this individual again.

Topps prison record does not support the argument that he is a danger to society. Reviews call him a good worker who is never absent and gets along with others. No one from the victims family has opposed Topps attempts to seek commutation. He has been housed in minimum securitymeant for only the most well-behaved of inmatesand has never tried to run away. A majority of the parole board has also recommended Topps release on two occasions.

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This article would have been better if the writer had mentioned the name of the man Sheldy Topp murdered. As it stands it seems kind of incomplete -- as if Topp is being punished for a victimless crime. More...

Topps situation is particularly complicated because, according to a recent court filing, substantial portions of the original case file were destroyed after the trial. Records indicate that Topp requested a copy of the file after his conviction but was denied because he could not afford to pay for the copies. Now those records, including the original psychological report, are gone. His current lawyer argues that the sentencing hearing cannot proceed without the transcripts and that Topp should therefore automatically be eligible for parole. This would not mean an immediate release for Topp, but would at least give him the chance for freedom before he dies.

Prosecutors like Cooper have argued that they are acting in the best interests of crime victims, who relied upon a promise that some defendants would be in prison forever. But in cases like Topps, so much time has passed that this argument no longer carries much weight. More and more states are outlawing juvenile life without parole in growing recognition that it is cruel and unfair to treat young people as throwaways. Topp is just one of thousands of prisoners still suffering from prosecutors unwillingness to give those who committed crimes as children a second chance.

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55 Years Behind Bars - Slate Magazine

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Justice system must change – News24

Posted: July 18, 2017 at 4:39 am

SOUTH Africa is renowned globally for violent crime and rape. Law enforcement in South Africa has a monumental job.

The Free Market Foundation (FMF) continues to advocate for radical transformation of the criminal justice system to ensure law, order, peace and security in South Africa, and the transition from the apartheid-era authoritarian behemoth into a system that serves to protect the people and holds the government to account.

Decriminalising victimless crimes, removing incentives for corruption within discretionary powers and keeping the judiciary independent is a good start.

The FMF calls on the government to abolish victimless crimes, which include prostitution, some traffic offences, using drugs and contravening exchange regulations. Victimless crimes are those acts or omissions criminalised by the government despite there being no complainant. These are distinguished from victimisation crimes where an individuals rights have been criminally violated. Most victimisation crimes exist without having to be declared in an act or regulation to be unlawful, such as assault, theft, rape, kidnapping and murder.

Pursuing victimless crimes prevents the police from fighting real criminals. Police resources are under pressure. One way to alleviate this is to stop wasting time and resources pursuing value-subjective crimes where no individual rights have been violated and allow the police to focus on real crimes against people and property. The practical case is obvious police resources targeted efficiently but there is also a philosophical argument. Our liberal democratic society places a high value on individual liberty. The decriminalisation of victimless crimes would mean legalising the actions of a substantial number of ordinary, well-intentioned citizens who aspire only to get on with life without violating the rights of those around them but who, often without intention, fall foul of the law.

The sheer number of traffic regulations, which are often arbitrary and sometimes unknown to motorists, turn practically all citizens into criminals. Citizens seeking help with drug abuse are deemed criminals. Outlawing prostitution the act of engaging in voluntary conduct for money turns many people, mainly women, into criminals and the recent resolution by the South African Law Reform Commission to keep prostitution a crime is mistaken.

Corruption is a major crime in SA. Yet the major cause of corruption is the increasing use of discretionary powers by officials, which presents those who hold it with irresistible incentives. Wherever government has the discretion to grant or withhold contracts, licences, protection, subsidies and other privileges, there is real or suspected corruption.

The only way to get money out of politics is to get politics out of money first, and ensure officials are bound by strict and clear criteria in exercising their powers.

A critical step towards a modern and independent legal system is to stop the ill-conceived idea of only appointing judges with a progressive or social-minded approach. This is dangerous and contrary to the rule of law. An independent judiciary is fundamental to a well-functioning democracy.

Politicising the judiciary will make the corruption problem worse and the decision by the ruling party to consider making a progressive mind-set of social activism part of the criteria for appointing judges to the bench is a dangerous move. In this case, progressive means the judiciary must favour government action in economic and social affairs rather than emphasise individual rights.

FMF legal researcher Martin van Staden said: Judges should follow the letter of the Constitution and not the ideological preferences of whomever controls government. Constitutional democracy places less emphasis on which political party governs at any particular time and more on the values in the Constitution.

South African judges are renowned for their eminence, impartiality and respect for the law. If value-subjective appointment criteria such as social activism are applied to the judiciary, the outcome is unpredictable and stands to delegitimise the courts. Politicising the judiciary will take our courts out of the dispute-resolving business and make it a third house of Parliament.

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BOWLING: Can we afford a new jail? – Martinsville Bulletin

Posted: at 4:39 am

I would like to question the reasoning and feasibility behind the Henry County Board of Supervisors approval of the Henry County Sheriff's Department's request for funding and building a new jail.

The projected cost for building the new jail is nearly $70 million. After the state rebate, which also includes local taxpayer money, the cost to the Henry County government is still almost $52 million. This breaks down to a cost of around $1,000 per Henry County citizen based on 2016 Census estimates. If you factor in the number of households only, the cost rises to over $2,300, and this is just the cost of building the jail. Let's look at other costs.

The proposed site of the jail once housed one of the largest industrial employers in our area and a beautiful country club. It has a scenic view of the Smith River, immediate access to 220 Business and is less than 2 miles from 58 West. DuPont still owns a considerable amount of land at the site. It is willing to donate 10 acres and sell another 20 to the county at a cost of $500,000. Based on the 14 percent increase in property tax going into effect this fiscal year, it will likely cost the county over $3,500 in lost revenue per year by coming off the tax rolls. It will also make the rest of the 450-acre site less marketable for potential employers or industry.

Once complete, the amount of time, gas, wear and tear on vehicles would rise to transport inmates to the Henry County Courthouse for trial. It is nearly 7 miles across town and, based on Google Maps, takes just under 20 minutes to travel on a day with light traffic one way. Compared to now, both figures go up exponentially.

The county is budgeting $444,000 to house overflow inmates in other facilities this fiscal year. This is up 31 percent from last year and 127 percent from fiscal year 2016. What is the cause for this increase? Did the crime rate really rise that much? Did a specific cost in housing inmates rise? Even so, at $444,000 a year, it would take over 100 years of use to justify building a new jail based on the cost to the county. It has also been said that the new jail will only meet the county's needs for the first 10 years after it is completed.

The current jail was built in 1974 when the population was about 55,300. 2016 Census estimates are 3,800 less, at 51,500. A recent publication projects the county population to drop 25 percent more over the next 3 decades. Do we really think the crime rate will rise that much when we are forecast to lose that chunk of our population? If we do lose that many, should those that stay bear a greater burden to pay for a jail? Moreover, bear in mind that we just built a new $20,000,000 school as well.

Could we lower inmate occupancy by releasing those accused of victimless crimes, like drug possession, on their own recognizance or even electronic monitoring? Is it possible that legislation potentially forthcoming could lessen the demand for inmate space in the future, putting the burden of empty beds on the taxpayer? I'm not even going to touch on the moral dilemma of government entities trying to profit off of those incarcerated.

If it is deemed absolutely necessary to have a new jail, has the county looked at other options? The first I would suggest is to remodel the current jail, with a small economical addition to be added on the same parcel the current jail is located on. There is plenty of space surrounding the current facility that could more than double the current local occupancy to meet the need. Patrick County built a jail in 2011 rated for 126 inmates at a cost of $11 million, so I know we can do much better than $70 million. Another option would be to explore a regional partnership with other jurisdictions to offset our expense and liability. The City of Martinsville has recently stated that they would like to explore possibilities of a new jail.

With a projected loss of population and tax revenue, can we afford the plan to build a new jail?

Eric Bowling is a resident of Henry County

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