Public Safety

The Supreme Court has held that excessive force violates the Fourth Amendment’s prohibition against “unreasonable searches and seizures.” The question in Torres v. Madrid is whether police have “seized” someone who they have used force against who has gotten away.   

In this case police officers approached Roxanne Torres thinking she may be the person they intended to arrest. At the time Torres was “tripping” from using meth for several days...

The Supreme Court refuses to review thousands of lower court decisions every year. Its decision to not review Martin v. City of Boise isn’t entirely surprising. The Supreme Court generally only agrees to hear cases where there is a circuit split—that is the lower courts have disagreed on how the law applies to a particular issue. Martin v. City of Boise raised no circuit split.

In Martin v. City of Boise the Ninth...

CSG Midwest
As the result of a bipartisan package of bills signed into law in October, most 17-year-old offenders in Michigan will no longer be treated as adults in the state’s criminal justice system. The goal of the “Raise the Age” Law is to better treat and rehabilitate young offenders by having them go through Michigan’s juvenile justice system. For teenagers who commit certain violent offenses, a prosecutor will have discretion to try them as adults.
CSG Midwest
Kansas and Nebraska have among the strongest laws in the nation to prevent sex trafficking of minors and to help victims of these crimes, according to the advocacy group Shared Hope International. Both of those Midwestern states received “A” grades in the group’s national report card for 2019. These grades are based on 41 components of state law — for example, the criminal penalties for perpetrators and facilitators of trafficking crimes; the types of legal protections and services provided to victims; and the investigative tools given to law enforcement.

If you went to the Supreme Court today to check on Justice Ginsburg’s health, you were in luck. She asked the very first question (and many after) in oral argument in New York State Rifle & Pistol Association Inc. v. City of New York, New York.

If you came to hear a robust discussion of whether New York City’s now-repealed gun regulation violates the Second Amendment...

CSG Midwest
A new working group in Iowa will look for ways to reduce recidivism among former offenders and eliminate racial bias from the state’s criminal justice system.
Gov. Kim Reynolds asked the group, chaired by Lt. Gov. Adam Gregg — a former state public defender — to deliver recommendations by December, to inform several proposals she will submit to legislators when they reconvene in January.
The racial disparity in Iowa’s criminal justice system is indicated by Bureau of Justice Statistics and census data from 2017 — black Iowans are incarcerated at a rate 9.5 times higher than white Iowans, which is tied with Nebraska for the second highest rate in the Midwest. Both states trail Wisconsin (11.7), and are just ahead of Minnesota (9.2) and Illinois (8.2).

CSG Midwest
Before they voted to legalize the use of recreational marijuana, legislators in Illinois committed to learning as much as possible from the experiences of other states. Rep. Kelly Cassidy, lead sponsor of the bill signed into law in June (HB 1438), and others spent two years visiting growers, processors and dispensaries across the United States; they also held more than 100 stakeholder meetings in the state.
The end result: a 600-plus-page bill much different than any other state’s law on marijuana legalization. For example, the bill focuses heavily on ensuring diversity in ownership of the new businesses that come from legalization, and investing in the communities and people disproportionately impacted by enforcement of the state’s old laws on cannabis. But another facet of the new law stands out as well, and reflects what lawmakers found in their fact-finding work prior to the bill’s introduction. “[We were] struck by the intensive power and water usage involved in growing marijuana,” Cassidy says. In response, lawmakers included environmental requirements and efficiency standards for those seeking a license to cultivate marijuana.

CSG Midwest
Wisconsin remains on a path to dramatically overhaul its juvenile justice system, but to get to the finish line, the state may need to find more money than originally expected.
AB 953, a bipartisan bill passed in 2018, aims to keep most young offenders in smaller, regional facilities, rather than locked up in a larger, faraway youth prison in northern Wisconsin. That goal aligns with research on how to best rehabilitate young people, says Mary Jo Meyers, director of the Milwaukee County Department of Health and Human Services.

Chapter 9 of The Book of the States 2019 contains the following tables:

In an amicus brief in New York State Rifle & Pistol Association Inc. v. City of New York, New York the State and Local Legal Center (SLLC) urges the Supreme Court to not apply strict scrutiny to regulations of guns carried in public.

In this case the Supreme Court agreed to decide whether New York City’s ban on transporting a handgun to a home or shooting range outside city limits violates the Second Amendment, the Commerce Clause, or the constitutional right to travel. The Second Circuit held the law is constitutional on all accounts.

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