Public Safety

In Manuel v. City of Joliet the Supreme Court held 6-2 that even after “legal process” (appearing before a judge) has occurred a person may bring a Fourth Amendment claim challenging pretrial detention. The State and Local Legal Center (SLLC) filed an amicus brief arguing that malicious prosecution claims cannot be brought under the Fourth Amendment. The Supreme Court didn’t address this issue in its decision.

Elijah Manuel was arrested and charged with possession of a controlled substance even though a field test and a lab test indicated his pills weren’t illegal drugs. A county court judge further detained Manuel based on a complaint inaccurately reporting the results of the field and lab tests. Forty-eight days later Manuel was released when another laboratory test cleared him.  

On March 16, 2017, President Trump’s second travel ban executive order was scheduled to go into effect. Within hours of each other federal judges from Hawaii and Maryland issued decisions temporarily preventing portions of it from going into effect nationwide. Both decisions conclude that the executive order likely violates the Establishment Clause because it was intended to prevent people from for entering the United States on the basis of religion.

The State of Hawaii (and an American citizen of Egyptian descent with a Syrian mother-in-law lacking a visa) brought the case decided by the court in Hawaii.

CSG Midwest
Recently released data from Indiana show that policymakers and law enforcement are making progress in their efforts to curtail methamphetamine manufacturing in the state. The number of meth labs fell by 35 percent in 2016, Indiana State Police statistics show.

This week the Secretary of the Department of Homeland Security (DHS), John Kelly, issued two immigration enforcement memorandums. While one of the memos addresses President Trump’s executive order involving sanctuary cities (Enhancing Public Safety in the Interior of the United States), neither memo discusses sanctuary cities.

The most direct effect of these memos on states and local governments is the expansion of a program allowing state and local law enforcement officers to be designated as “immigration officers” for the purposes of enforcing federal immigration law. But considering this program is voluntary the most significant effect for states and local governments may be the increased deportations of residents, and the effects of them on family members and the community as a whole, expected to occur as a result of the memos.

In Ake v. Oklahoma (1985) the Supreme Court held that if a criminal defendant’s mental health will be a significant factor at trial the state must ensure that the defendant has access to a “competent psychiatrist who will conduct an appropriate examination and assist in evaluation, preparation, and presentation of the defense.”

The question the Supreme Court will decide in McWilliams v. Dunn is whether such an expert must be independent of the prosecution.

In District of Columbia v. Wesby the Supreme Court will decide whether, when the owner of a vacant house informs police he has not authorized entry, an officer assessing probable cause to arrest those inside for trespassing may discredit the suspects' claims of an innocent mental state.

Facts similar to those in this case may not arise very often. But police officers must assess claims of innocence in numerous other instances (theft, assault, even homicide). 

Today President Trump attended the swearing in of attorney general Jeff Sessions and signed three Executive Orders related to crime. 

Six Questions County Leaders Need to Ask
by Risë Haneberg, Dr. Tony Fabelo, Dr. Fred Osher, and Michael Thompson

Not long ago the observation that the Los Angeles County Jail serves more people with mental illnesses than any single mental health facility in the United States elicited gasps among elected officials. Today, most county leaders are quick to point out that the large number of people with mental illnesses in their jails is nothing short of a public health crisis, and doing something about it is a top priority.

Over the past decade, police, judges, corrections administrators, public defenders, prosecutors, community-based service providers, and advocates have mobilized to better respond to people with mental illnesses. Most large urban counties, and many smaller counties, have created specialized police response programs, established programs to divert people with mental illnesses charged with low-level crimes from the justice system, launched specialized courts to meet the unique needs of defendants with mental illnesses, and embedded mental health professionals in the jail to improve the likelihood that people with mental illnesses are connected to community-based services.

Risk and needs assessments are now routinely used in correctional systems in the United States to estimate a person’s likelihood of recidivism and provide direction concerning appropriate correctional interventions.1 Specifically, they inform sentencing, determine the need for and nature of rehabilitation programs, inform decisions concerning conditional release, and allow community supervision officers to tailor conditions to a person’s specific strengths, skill deficits, and reintegration challenges. In short, risk and needs assessments provide a roadmap for effective correctional rehabilitation initiatives. When properly understood and implemented, they can help correctional organizations to provide the types and dosages of services that are empirically related to reductions in reoffending.

The issue the Supreme Court will decide in Packingham v. North Carolina is whether a North Carolina statute prohibiting registered sex offenders from accessing social networking websites where they know minors can create or maintain a profile violates the First Amendment. The State and Local Legal Center (SLLC) amicus brief argues this law does not violate the First Amendment.

Lester Packingham was charged with violating the North Carolina statute because he accessed Facebook. In the posting that got him in trouble Packingham thanked God for the dismissal of a ticket.

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