Thursday, April 21, 2022



Leftists’ anti-police policies have led to a startling number of black, Latino crime victims

A Fox News story reports there was a staggering 43% increase in the murders of black Americans in 2020 compared to the past 10-year average.

The finding is shocking — but not surprising. After all, New York proved decades ago that reducing crime disproportionally benefited blacks and Latinos because they comprise most of crime’s victims. Fewer crimes mean fewer victims of all races, but the drop is most pronounced among nonwhites.

If we didn’t know it before, we now know the opposite is also true. More crimes mean more black and Latino victims.

All this matters because the nation’s large cities are so swamped by horrific crime and violence that police, criminologists and a few honest elected Democrats are finally conceding the obvious: the progressive movement, including Black Lives Matter, that ostensibly aimed to protect minority racial groups by defunding the police and coddling criminals backfired big time.

The people the progressives claimed to be helping actually were harmed by the anti-police, pro-criminal policies.

Bill Bratton, who led the Los Angeles police between two terms as head of the NYPD, recently put it this way on a podcast: “The scales right now are tipped very heavily in favor of the reforms of the progressive left . . . and what we have as a result is this growing fear of crime, this growing actual amount of crime in almost every American city.”

Mayor Adams agreed, telling ABC News that while there had been issues of trust between police and some black New Yorkers, “we can’t rebuild that trust by allowing those who are dangerous and that have a repeated history of violence to continue to be on our streets.”

Yet it’s too kind to suggest the proponents were well intentioned but just went too far. All along, there was voluminous evidence showing they were taking huge risks by toying with unprecedented success.

They should have known better but common sense is not so common on the activist left. Besides, it wants revolution, not reform, and is willing to sacrifice others to get it.

The Fox story, based on FBI statistics, captures the failed experiment in bloody detail. Records show 7,484 black Americans were murdered in 2019 and 9,941 in 2020, an increase of 2,457 victims.

Previously, between 2010 and 2019, there was an average of 6,927 black murder victims each year, meaning the 2020 carnage involved 3,014 murders above the 10-year average.

Although blacks make up only 13% of the US population, they often are a majority of murder victims and perpetrators.

The year 2020 was an inflection point for various reasons. Although an anti-police movement has long been a fixture on the left, a series of police incidents in previous years culminated in the death of George Floyd at the hands of Minneapolis police. Captured on video when much of the country was on pandemic lockdown, Floyd’s death sparked nationwide protests and riots.

As in previous anti-police riots, one effect has been that “police pull back while violent crime spikes precipitously,” Hannah Meyers, director of the policing and public safety initiative at the Manhattan Institute, told Fox.

The continuing crime spike is also being fueled by prosecutors and lawmakers who invoked extreme leniency and forced judges to release prime suspects, many of whom then commit new violence and even murder.

New Yorkers know these patterns in up close and personal ways.

For 20 years, under mayors Rudy Giuliani and Michael Bloomberg, the NYPD turned Gotham into the nation’s safest big city. Murders fell from about 2,000 a year in the early 1990s to 300, sparking an economic and cultural renaissance that I liken to a new Golden Age.

But political profiteers undermined that success and turned the 2013 mayoral election into a referendum on supposed police brutality and racism. Bill de Blasio won the mayoralty and spent much of his eight years ­fanning the flames of police distrust.

He failed at just about everything else, but was successful in making New York more polarized and ­dangerous.

For example, he cut the NYPD budget by $1 billion to pander to the defund mob and ended the undercover units that searched for illegal guns.

The result is that New York became a microcosm of the national police stats. Murder rose here in 2020 and 2021, as did crimes in all seven major categories, creating more nonwhite victims.

None of that was necessary, and certainly was not what any sector of the public wanted.

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Why Local Leaders Don’t Want This Prosecutor Making Their Towns a ‘Petri Dish for Social Experiments’

In the eyes of some Los Angeles County leaders, District Attorney George Gascon is guilty of creating an environment for crime to go unchecked.

“We have great concern about various prosecution policies that basically aren’t being enforced,” Joe Vinatieri, mayor of the city of Whittier about 20 miles southwest of Los Angeles, told The Daily Signal.

Vinatieri says his biggest priority as mayor is to keep his citizens safe, a task that has become more challenging for communities such as Whittier that are part of Los Angeles County and subject to Gascon’s policies as DA.

Gascon, a Democrat elected in November 2020, ran on a platform of ending mass incarceration. He promised to make “neighborhoods safer, hold police accountable to the communities they serve, and reform our justice system.”

As district attorney, Gascon is a progressive prosecutor, or what Heritage Foundation senior legal fellow Cully Stimson calls a “rogue prosecutor.” (The Daily Signal is Heritage’s multimedia news organization.)

“To put it succinctly, Gascon is a rogue among rogues,” Stimson wrote for The Daily Signal in 2021. “And unfortunately, for crime victims and the citizens of Los Angeles County, he is making their communities less safe.”

Gascon, 68, is one of about two dozen prosecutors whose campaigns were financially backed by liberal billionaire George Soros.

Andrew Lara, a city council member in Pico Rivera, 12 miles southwest of Los Angeles, says he would describe Gascon’s approach to criminal prosecution as “inadequate.”

“All his directives are just going to make crime and our quality of life, especially in Pico Rivera, much more difficult,” Lara, a Democrat, said.

Lara and Vinatieri spoke with The Daily Signal during a Heritage Foundation event April 7 in Los Angeles focused on rogue prosecutors such as Gascon.

On his first day in office, Gascon issued a memo listing 13 crimes that the District Attorney’s Office no longer would prosecute, including resisting arrest, prostitution, drug possession, criminal threats, trespassing, and driving without a valid license.

Gascon also announced that he would “cease filing ALL enhancements.”

“Enhancements” refers to factors such as gang activity that can lead to harsher sentencing by a judge.

“When I heard that he [Gascon] was not going to prosecute enhancements related to gang affiliation, I knew that that was going backwards,” Lara, who grew up in east Los Angeles and witnessed a lot of gang activity, said.

In Pico Rivera, population 65,000, residents want to “move away from gangs,” Lara said, adding that “we want the best for our children, just like, I think, any American city.”

Lara and Vinatieri say that Gascon’s policies aren’t serving communities like theirs.

In Whittier, a city of about 86,000 where future president Richard Nixon got his start in politics, “we are seeing an increase in petty thefts, of car break-ins, things like that,” Vinatieri said.

The increase in property crime is caused largely by those who are on illegal drugs, the mayor said, and who steal to pay for their addiction.

Under Gascon, law enforcement in Whittier often have no choice but to release those who commit nonviolent crimes back onto the streets hours after they committed the crime. Already, a California ballot initiative in 2014 known as Proposition 47 had decreased the consequences for many crimes and turned some felonies into misdemeanor offenses.

In 2021, Whittier police no longer could seek prosecutions in over 400 arrests because of Gascon’s progressive policies, a local law enforcement officer who requested anonymity told The Daily Signal.

Instead of incarcerating anyone who commits a crime, Gaston says that as Los Angeles County’s district attorney he will “??employ a holistic paradigm of public safety that requires individualized sentencing and treatment plans, which may or may not include appropriate incarceration, and restoratively holds people who commit crimes accountable, while acknowledging their humanity and capacity for redemption.”

Although it is true that “jail is not the solution for everything,” the local officer said, when you say you have a plan to stop prosecuting, but don’t have plans in place to help those offenders, that causes problems.

Los Angeles County doesn’t have the power to involuntarily commit someone to an institution for drug treatment, the officer said, and that is problematic when so much crime is driven by drug addiction.

People aren’t getting the help they actually need because the county isn’t prosecuting misdemeanors, Pico Rivera’s Lara said.

“If you fail to prosecute prostitution, if you fail to prosecute drug possession or reckless behavior, if you fail to prosecute those crimes, then none of those people get court-mandated diversion,” Lara said.

When individuals don’t go to court for breaking the law, “there’s no legal mechanism to make sure that these people are getting the help that they need,” Lara said, adding that “by doing nothing, nothing is happening. No one is being helped.”

The council member said he is all for slow, gradual changes to the criminal justice system, but is “tired of politicians making communities like mine a petri dish for social experiments.”

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Report: Maine, New Mexico, Nebraska and North Carolina take bold steps to end civil asset forfeiture’s deprivation of property rights

By Robert Romano

Every year the federal, state and local governments seize about $3 billion of property via a process known as civil asset forfeiture, a perverse incentive for law enforcement officials to engage in searches in the hopes of finding something valuable to seize, knowing that that it most likely will not be challenged and recovered.

Now, many states are taking action to finally end the practice, a study by the Competitive Enterprise Institute’s Dan Greenberg, “Five Myths of Civil Forfeiture,” reveals.

In it, Greenberg advocates to “establish a criminal forfeiture system, as opposed to a civil forfeiture one. A criminal forfeiture system simultaneously adjudicates both the criminal liability of the defendant and the defendant’s rights to the seized property… In contrast to the current civil forfeiture system, defendants would not be deterred from appearing in court under a criminal forfeiture system because of cost concerns… Maine, Nebraska, New Mexico, and North Carolina have adopted this system.”

The key here is litigating asset forfeiture in the context of and side-by-side with bonafide criminal prosecution, where not only the prosecution but any attempts at asset forfeiture can be contested by defense attorneys every step of the way.

In these states, you have to actually be charged with a crime first and convicted before any assets can be seized. The government has to prove that those assets were connected to the crime that was committed, and then the forfeiture is tethered to the prosecution and then sentencing, only attainable upon conviction.

But, Greenberg warns, conviction requirements on their own do not end civil asset forfeiture if they do not get the process out of civil courts, writing, “conviction prerequisites that keep forfeiture litigation in civil court have little or no effect, and that these provisions’ impact on the fairness or the consequences of forfeiture programs is largely insignificant.”

Here, Greenberg is noting that in most states, in order to assert a right against asset forfeiture, a citizen would have to hire an attorney to fight it out in civil courts, which run separately from the original criminal prosecution, if such a prosecution even occurred. In many cases, property is seized without even a prosecution, let alone a conviction.

Those are deprivations of liberty and property without due process of law, a clear violation of the Fifth and Fourteenth Amendments to the U.S. Constitution.

Instead, Greenberg proposes that asset forfeiture be exclusively a part of the criminal justice process. It still requires a conviction, but keeping the process in the criminal system is an important distinction.

Other keys to these laws are higher thresholds in order for asset forfeiture to come into play and requiring a nexus of the property to law being broken as ill-gotten gains. In New Mexico, property is required to be at least $50,000 in value; in Nebraska, it’s $25,000; and in Maine it’s $100,000. Greenberg dispels the myth that most civil asset forfeiture are in such high amounts. Those, he writes, are the exception, not the rule: “A typical cash seizure and forfeiture often ranges from several hundred dollars to a little over $1,000.”

And that’s generally the problem. Usually, the cost of fighting the seizure costs more than the asset is even worth and so the theft goes uncontested.

In addition, laws should block “equitable sharing” with federal law enforcement. This is the practice where local officials seize property, give it to the feds under the program, and then receive a substantial amount in return — all to avert state laws designed to rein in civil asset forfeiture.

New Mexico’s law explicitly prevents “equitable sharing” in its law, stating, “The law enforcement agency shall not transfer property to the federal government if the transfer would circumvent the protections of the Forfeiture Act that would otherwise be available to a putative interest holder in the property.”

Nebraska allows for property to be transferred to the federal government, but only ill-gotten gains: “The person from whom the money or property was seized is the subject of a federal prosecution or the facts and circumstances surrounding the money or property seized are the subject of a federal prosecution.”

Greenberg outlined two additional reforms that states should consider as well: 1) “require that forfeited assets go to a state’s general fund, rather than to supplement the budgets of police agencies and prosecutors’ offices… reduc[ing] system incentives… that appear to encourage some degree of personal and political corruption among public employees.” And 2) “require greater transparency in seizure and forfeiture processes.”

This theft of property by the government of private citizens needs to come to an end. Here, states like Maine, New Mexico, Nebraska and North Carolina are providing a strong basis for ending civil asset forfeiture the right way and restoring due process under the Constitution. It’s about time.

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Seattle’s transit system struggles as riders refuse to pay

Seattle’s Link Light Rail is a freeloader’s paradise.

There are no turnstiles, so passengers are supposed to either buy a ticket or tap their pre-paid card. But so few riders are paying, fares are currently covering just 5% of the system’s operating costs, a fraction of the 40% mark Sound Transit set as a requirement.

At a recent Sound Transit Board meeting, the outgoing CEO summed up the situation. “Our fare collection system relies overwhelmingly on an honor system,” Peter Rogoff said, “and our increasingly acute problem is that our riders aren’t honoring the system.”

By one measurement, as many as a staggering 70% of all passengers are free riders. But even that is only an estimate as there is almost no fare enforcement. Sound Transit did away with fare enforcement officers after a study revealed people of color were disproportionately getting fined. Instead, the system now relies on fare ambassadors. There are only a handful for the whole light rail system, so riders will rarely encounter them. They currently engage only 2% of all riders.

When fare ambassadors do board a train, they ask passengers if they have paid their fare. Most have not. But instead of removing fare evaders from the train, fare ambassadors ask a series of questions starting with a request for identification. About 76% of the free-riding passengers refuse to produce valid ID, which makes it impossible to issue a warning.

Sound Transit allows two warnings before even the first fine is issued. But with so few people providing identification, fines are infrequently given and even more rarely paid.

Fare ambassadors may not get many scofflaws to pay, but they do collect data on them. They ask non-payers for their address, race and gender.

King County Councilmember Reagan Dunn sees the lack of fare enforcement as part of a larger problem.

“What we’re seeing here in Seattle is the systemic decriminalization of everything, all the way from farebox recovery to failure to register as a sex offender, and using the guise of equity and social justice so that there isn’t any enforcement of laws,” said Dunn, “And what you get is higher crime and more evasion.”

There are a few other light rail systems that rely on the honor system, including the ones in Portland, Denver and Dallas. But they all issue hefty fines to fare evaders the first time they are caught. Most of the Sound Transit Board members seem unfazed by the poor fare collection performance. Claudia Balducci is among those who supports the fare ambassador’s light touch.

“People are feeling more welcome on our system and less afraid to use it because there’s less of a fear of fare enforcement,” Balducci said.

But, the lone Republican on the Sound Transit Board says taxpayers who have forked over $168 billion for the system are getting ripped off.

“It’s gotta be safe, secure, reliable and sustainable, or it’s the biggest waste of money we’ve ever seen,” said Bruce Dammeier.

Sound Transit collects money from virtually everyone in Pierce, Snohomish and King counties. Those who live inside the special taxing district have to pay extra property tax and a much higher fee for their car tabs. Depending on the Blue Book value of the car it can easily cost an extra $200-$300 each year to register. And everyone pays an additional 1.4% on their sales tax to fund Sound Transit.

Tax revenue keeps increasing as fare revenue keeps plunging. In 2019, Sound Transit collected $96 million from users. In 2020, it received just $30 million from riders. Some of that is explained by a drop in ridership during the peak of the pandemic. But in recent months ridership has rebounded while fare collection has not.

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My other blogs. Main ones below:

http://dissectleft.blogspot.com (DISSECTING LEFTISM)

http://edwatch.blogspot.com (EDUCATION WATCH)

http://antigreen.blogspot.com (GREENIE WATCH)

http://australian-politics.blogspot.com (AUSTRALIAN POLITICS)

http://snorphty.blogspot.com/ (TONGUE-TIED)

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