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Yale Kamisar, Known as the ‘Father’ of the Miranda Rule, Dies at 92

Professor Kamisar’s greatest impact on the court came in 1966, in its decision in Miranda.

The year before, he had published a lengthy essay in which he compared the American legal system to a gatehouse and a mansion — the gatehouse being the police interrogation room and the mansion being the courtroom.

“The courtroom is a splendid place where defense attorneys bellow and strut and prosecuting attorneys are hemmed in at many turns,” he wrote. “But what happens before an accused reaches the safety and enjoys the comfort of this veritable mansion? Ah, there’s the rub. Typically he must first pass through a much less pretentious edifice, a police station with bare back rooms and locked doors.”

The courts offered extensive protections, rooted in the Fifth Amendment, covering the right against self-incrimination. But no such protections existed in the police station, where interrogators could coerce a suspect to confess.

No system of justice could last long, Professor Kamisar argued, if it relied on the coerced flow of information from the accused. The court agreed. In a decision written by Chief Justice Warren and citing Professor Kamisar’s work, it ruled in 1966 that criminal defendants had to be informed of their rights before being questioned, especially their rights to remain silent and to legal counsel.

That same year Time magazine wrote that “at 37, Kamisar has already produced a torrent of speeches and endless writings that easily make him the most overpowering criminal-law scholar in the U.S.” Others called him the “father of Miranda.”

With the Supreme Court’s imprimatur, Professor Kamisar spent the rest of his career building his chosen field — he co-wrote its leading casebook, “Modern Criminal Procedure” (Professor Kerr, Professor King and Professor Primus later became co-authors) — and defending the Miranda ruling from conservative pushback.

Professor Kamisar’s concern for the vulnerable, and his worries about the reach of government power, motivated his other area of great interest: assisted suicide and euthanasia. If his position on the rights of the accused won him admirers among civil libertarians, many of those same people were flummoxed by his opposition to laws that would seem, on their face, to enshrine an equally important right, over one’s own death.

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Amid book bans and anti-CRT legislation, a Kentucky history teacher remembers Jim Crow – People’s World

Police prepare to shut down a demonstration to desegregate movie theaters and restaurants in downtown Louisville, Ky., March 11, 1961. | AP

I don’t remember the white kid’s name. But I remember what he said to me after my community college Kentucky history class one day:

“My parents or grandparents never told me about any of this. We needed to know the truth. Thank you.”

I had just lectured on the Jim Crow era in Kentucky. I cited Mayfield, the Graves County seat and my hometown, as typical of towns in the South and in border states like Kentucky where systemic racism was the law and the social order.

Right-wing white Republican lawmakers are pushing a pair of bills in the General Assembly to limit the freedom of public school teachers to teach about systemic racism. There’s no better example of that topic than the Jim Crow era when African Americans were kept separate and unequal from whites.

Racist protesters outside at the Board of Education office in Louisville, Ky. on Sept. 10, 1956. They were apposed [sic] the city’s integration of public schools, the ‘day law’ referred to on one of the signs was a Kentucky law prohibiting African Americans and whites attending school together. | AP

HB 14 and 18 would prohibit the teaching of anything that causes a student to “feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex.” HB 18 covers public colleges and universities, like WKCTC, where I taught for two dozen years.

Read “whiteness” for “race” in that legislative language. In other words, teachers mustn’t make white students feel bad by exposing them to unpleasant truths like segregation, lynch mobs, and denying people the vote based on their skin hue.

HB 14 and 18 reflect right-wing hysteria over Critical Race Theory, which “states that U.S. social institutions (e.g., the criminal justice system, education system, labor market, housing market, and healthcare system) are laced with racism embedded in laws, regulations, rules, and procedures that lead to differential outcomes by race,” according to Rashawn Ray and Alexandra Gibbons of the Brookings Institution. For the umpteenth time: CRT is taught in law schools and at the postgraduate level. It’s not part of grade or high school curricula.

No matter—Republican politicians know “CRT” revs up the Ever-Trumper white folks who make up the bulk of the party’s base these days. So they stick the CRT label on almost any school curriculum that aims to tell the truth about racism. (Some of the anti-CRT bills specifically mention CRT. The Kentucky bills don’t. But a press release from HB 14’s sponsor is peppered with references to CRT and said the measure was designed to keep CRT out of classrooms.)

All history is local, too

Black youth, ignoring the rain, marched through the downtown Louisville business district on March 15, 1961, to protest segregation in store restaurants and theaters. | AP

“All politics is local,” Tip O’Neill famously observed. So is history, which is why I tried in the classroom to localize history whenever I could.

“So what was Jim Crow and where did Mayfield fit in with the system?” I’d rhetorically ask my students. Then I’d explain that in the 1880s and 1890s, all 11 former Confederate states and border states like Kentucky made race discrimination the law and the social order.

The origin of the term “Jim Crow” is unclear, but what held the system in place is not: violence or the threat of violence, including murder, against African Americans who dared challenge it. White supremacist Democratic legislatures segregated Black Americans from whites. The ex-Confederate states stripped the vote from Black hands.

White defenders of Jim Crow called the system “separate but equal.” It was separate and unequal, and everybody knew it.

I grew up in the waning years of the Jim Crow era, which lasted until the 1950s and ’60s. Brown v. Board of Education, the landmark 1954 Supreme Court decision, said segregated schools were unconstitutional. In the 1960s, Congress passed historic legislation outlawing de jure discrimination—discrimination by law.

Jim Crow Mayfield

My description of the Mayfield of my childhood seemed about as foreign to many of my students as the Peloponnesian Wars of ancient Greece. (I also taught European and American history.) Nearly all of my students were born long after Brown and the 1964 Civil Rights Act and the Voting Rights Act of 1965.

“What I’m about to tell you was what my hometown—and towns all across the South and Kentucky—were like,” I’d tell my students. “I was there.”

  • White store owners wouldn’t hire Black people except as janitors or to run errands or deliver goods. Some business owners wouldn’t hire Black people period.
  • Some Black people worked as restaurant cooks, but they couldn’t eat with white customers. Dining rooms were white-only. Black customers had to eat in the kitchen or order food to go.
  • Black people couldn’t stay at the Hall Hotel or local motels.
  • Schools were segregated. Mayfield High School and W.J. Webb Junior High were white only. So were Lee (as in Robert E.), Longfellow, and Washington elementary schools. Dunbar was the 1-12 school for Black students. Across Kentucky and Dixie, Black schools were woefully underfunded compared to white schools.

“The most segregated hour of Christian America”

“It is appalling that the most segregated hour of Christian America is 11 o’clock on Sunday morning,” Martin Luther King Jr. said in 1963, my freshman year at Mayfield High School.

Historically Black churches never turned away whites. But Black Americans were evidently unwelcome at white churches when I was a kid.

I grew up in all-white First Presbyterian. The only Black people I saw on the premises were the middle-aged male janitor and the elderly woman who kept the kids in the nursery. Today, the congregation includes a handful of Blacks and Hispanics, but the church is still mainly white. The other traditionally white churches in town remain mostly white, too.

“Sign, sign / Everywhere a sign”

Segregated bathrooms, water fountains, dining rooms, and more were the norm across the South in the Jim Crow era. | AP

“Sign, sign, everywhere a sign / Blockin’ out the scenery, breakin’ my mind / Do this, don’t do that, can’t you read the sign?” crooned the Canadian Five Man Electric Band in a song that came out in 1971, the year I graduated from Murray State University. The lyrics reminded me of Jim Crow days when “white” and “colored” signs were everywhere.

  • There were four toilets in the Graves County courthouse: “white” men and “white” women and “colored” men and “colored” women. At the local Greyhound bus station, there were “white” and “colored” drinking fountains.
  • Mayfield and Kentucky were different from the old Confederacy in that the white Democrats who dominated the governor’s office and the legislature didn’t deny the ballot to African Americans. White Kentucky Democrats of old weren’t more enlightened than their white Southern brethren. They just figured there weren’t enough Blacks in the Bluegrass State to matter.

Likewise, because Kentucky today is less than 9% African American and less than 4% Hispanic, the Republicans—political heirs to the Dixiecrats—haven’t felt the need to pass a blatant, flat-out neo-Jim Crow minority voter suppression law like those approved by their kindreds in other GOP majority statehouses, notably in Florida, Georgia, and Texas, all states with significant Black and Hispanic populations.

Hoke Colburn

I’d ask my students, “Do any of you know why Hoke Colburn—played by Morgan Freeman—in the movie Driving Miss Daisy stopped to urinate behind a billboard?” They didn’t. I’d explain it was because Black people couldn’t use white toilets in white-owned gas stations.

Texaco had a “White Patrol,” a group of inspectors who roamed the country in white cars checking on the cleanliness of Texaco gas station toilets. The irony of “White Patrol” was lost on me as a kid.

“Going to the show”

We loved “going to the show,” meaning the movies. We could choose between The Princess and the Legion theaters. At the Princess, everybody bought tickets at the booth outside. Whites went in through the lobby. Blacks had to walk up the fire escape and sit in the balcony.

The Legion, in the American Legion Building, barred Blacks. There were Black veterans in town, but the local Legion post was white-only.

“Dancing to-nite,” said the old neon sign over the front door at the Legion building. They’d turn it on for dance nights. The dances were white-only.

“Colored Town”

Only whites lived in the middle-class neighborhood where I grew up. The “RP” (rich people’s) section was all white, too.

Polite whites called African American neighborhoods “Colored Town.” To less genteel whites, it was “N—-r Town.”

Segregated from cradle to grave

My grandmother died in the old Mayfield Hospital in 1964. After visiting her in her room one day, my brother and I decided to explore the hospital. We rode the elevator down to the basement. The door opened, and—to our surprise—we saw a room full of African Americans in hospital beds. That was the “colored ward.”

Mayfield cemeteries were segregated as well. Maplewood, the oldest burial ground, symbolized who was on top in town, as it was on a hill. The Black cemetery—Peaceful Valley—was in a flat area behind and below the rise. I suspect more than a few whites expected to find a Jim Crow Heaven governed by “white” and “colored” signs.

This might sound strange coming from a history teacher, but I took some comfort in my students’ lack of awareness of the Jim Crow era. (Almost all of them were white.) Their incredulity and disgust at institutionalized Jim Crow racism at least suggested we had advanced some distance from the “separate and unequal” society of my childhood.

Jim Crow 2.0

But the rise of Trumpism—largely rooted in racism, with a hefty helping of sexism, misogyny, nativism, xenophobia, homophobia, and religious bigotry to boot—is proof that we have far to go. Anti-CRT and minority voter suppression laws are more evidence.

“It’s no coincidence that Trump himself gave impetus to the CRT conspiracy theory via attacks on the New York Times1619 Project examining the pervasive role of slavery in America’s founding,” Ed Kilgore wrote in New York magazine last year. “His Office of Management and Budget also fed the flames with a 2020 memo banning federal employee ‘training on ‘critical race theory,’ ‘white privilege,’ or any other training or propaganda effort that teaches or suggests either (1) that the United States is an inherently racist or evil country or (2) that any race or ethnicity is inherently racist or evil.”

Steel helmeted guards block the entrance to Clay High School in Clay, Ky., Sept. 17, 1956, as Principal Irene Powell reads an order from the school board barring Black children, right, from attending the school. | AP

He added: “Why is CRT a convenient myth for Republicans? Like earlier and continuing attacks on ‘political correctness’ and ‘woke corporations,’ the war on CRT takes an abstract white nationalist concept and makes it viscerally immediate for white middle-class voters who might not otherwise be too agitated about cultural changes. ‘PC’ and ‘cancel culture’ are thought to threaten everyday freedom of speech; ‘woke’ businesses threaten the livelihoods of their non-compliant employees; and CRT is treated as a threat to parental control of the world views of their own children—as ‘brainwashing’ or ‘indoctrination’ rather than as simply encouragement to think critically and independently about one’s inherited assumptions concerning America and its alleged meritocracy.”

Sponsors of the anti-CRT bills, including HB 14 and 18, don’t want students to “think critically and independently” on topics like systemic racism. But banning topics and books can boomerang on the censors.

Sales of Maus, the Pulitzer Prize-winning graphic novel about the Holocaust, are skyrocketing after a Tennessee county school board banned the book.

I’m not surprised. After the Graves County school board banned William Faulkner’s As I Lay Dying from Graves County High School in 1986, the 1930 novel became an instant bestseller in western Kentucky. (My wife was then the librarian at Mayfield High School. The day after the banning, the chairman of the Mayfield Independent School Board came to MHS and assured my spouse that no books would be banned there, explaining, “Our job is to teach students how to think, not what to think.”)

I was a reporter at the Paducah Sun and wrote my share of stories about the book banning. I remember asking a student if she’d read the book. She said she hadn’t but sure would now.

Perhaps, in the end, the result of these efforts to ban both books and thinking will likewise boomerang on Kentucky Republicans, and instead of trying to escape from our past, we will actually look at it, discuss it, and learn from it. Just like my students did.


CONTRIBUTOR

Berry Craig


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Mystery $17 Million Payment By FC Barcelona Could Relate To Potential Criminal Case And Griezmann

FC Barcelona president Joan Laporta held a press conference on Tuesday where he gave a rundown of the club’s financial predicament and brushed on one related topic that could have severe consequences for those allegedly involved.

According to Laporta, a third-party forensic investigation has revealed that predecessor Josep Bartomeu’s board made unjustified payments to lawyers and journalists while paying commissions to agents of more than 30% which is way above the industry standard 5%.

The Blaugrana estimate a cost of around €30mn ($34mn) to the cash-strapped club for these payments with Laporta saying they “might also constitute cases of unjust [personal] enrichment that require further investigation”.

To this end, a complaint has been filed with the prosecutor’s office in Barcelona for possible financial crimes.

“The members have the right to know the actions that have led the club to a ruinous situation,” said Laporta. “[A third-party investigation] has revealed a series of operations of considerable economic irrationality and, in short, unjustified payments, falsely justified payments or payments of disproportionate amounts.

“When the administration of a social entity presents such overwhelming suggestions of mismanagement, the criminal justice system is called upon to investigate and clarify any possible illicit diversions, abuses or enrichment.”

By RAC1, however, a couple of days later, it has been revealed that Barca allegedly made a 2019 payment of €15mn ($17.1mn) to Atletico Madrid, who they face on Sunday at Camp Nou in La Liga.

Barca reportedly refused to hand over €20mn ($23mn) in commission to Mino Raiola so that he could convince Matthijs de Ligt to join from Ajax, and instead turned their attention towards another center back in Uruguay international Jose Maria Gimenez who demanded an €80mn ($91.5mn) release fee.

As Barca had just paid, or were about to pay, €120mn ($137mn) to similarly free Antoine Griezmann from his Atleti contract, the Catalans stumped up €15mn ($17.1mn) to secure Giminez at a later date in a deal that fell apart thanks to the pandemic.

This is allegedly the previous board’s version of events, and it is now up to the prosecutor’s office to decide if it is the truth.

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Harris County Judge Hidalgo Accused of ‘Disrespectful’ Behavior at Funeral of Fallen Officer

Controversy erupted in Harris County this week after a sergeant with the Precinct 5 constable’s office levied allegations about county Judge Lina Hidalgo’s behavior during memorial services for slain Corporal Charles Galloway.

According to Sgt. Roy Guinn, Hidalgo refused to be seated behind Galloway’s family with other elected officials but insisted on standing next to Constable Ted Heap and Lt. Gov. Dan Patrick who were part of the ceremony. 

In a narrated video posted by radio host Michael Berry, Guinn describes a series of events in which he says he politely asked Hidalgo to move to the dignitary tent and away from the pathway for the honor guard. 

Guinn says Hidalgo responded, “I am staying right here. Do you know who I am? I’m the county judge.” 

After Hidalgo allegedly questioned Patrick’s placement in front of the tent, Guinn says he explained that the lt. governor was a part of the ceremony and would be presenting one of the flags. 

Guinn says he then asked if she was “really going to argue” with him in the middle of the ceremony, to which she allegedly replied, “This is a county function, I’m the county judge, and I’m going to stand right here.”

After Galloway’s family was seated and the attendees awaited the coffin procession, Hidalgo is seen approaching the family to speak with them. 

In his comments later, Guinn asserted that the event was not a county function, but “a family funeral service honoring a life and sacrifice of a peace officer.”

“This was a funeral that his family allowed those in blue to join with them in honoring and mourning our brother. Everyone else in attendance, including you ma’am, were guests. You were even counted among the dignitaries as an honored guest. Your behavior was anything but honorable.”

Following the publication of Guinn’s accounting of events, Patrick took to social media to confirm the sequence of events and conversations and called Hidalgo’s behavior “disruptive and disgraceful.” 

State Rep. Gene Wu (D-Houston) shot back saying, “How dare she upstage Lt. Gov Dan Patrick’s politicization of this tragedy,” and dismissed the controversy as “Standgate 2022.” 

According to a report from FOX 26 Houston, Hidalgo’s spokesperson said she would not respond to Guinn’s allegations out of respect for the family.

During a memorial service at Second Baptist Church earlier, in his remarks honoring Galloway, Heap noted that 74 law enforcement officers had been “killed through violence” across the country last year, and deplored the state of the criminal justice system and the hostility towards police.

“We cannot continue to do our jobs effectively when the rest of the judicial system is broken. This three-legged stool is standing on one and a half legs.”

Heap added that the county was providing three times more public defenders than assistant district attorneys, and condemned bail practices.

“When we have magistrates and judges who are issuing minuscule bonds to recidivists so that they’re back on the streets so that you have to deal with it the next day and the people that we serve have to live in fear,” said Heap.

Community concerns over criminal activity and skyrocketing homicide rates have become a heated topic in the 2022 elections, and recently former Commissioner Steve Radack (R-Pct. 3) lambasted commissioners court for inadequately funding law enforcement.  

Hidalgo held a press conference earlier this week to highlight non-traditional anti-crime initiatives, but she has drawn a Democratic primary opponent in Harris County Constable Precinct 1 Chief of Staff Erica Davis, who has garnered the endorsement of the Houston Police Officers’ Union. 

Nine Republicans have also filed for a chance to unseat Hidalgo in the November 2022 election. 

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The far-reaching consequences of becoming a victim of a crime

The seminal model of Becker (1968) describes the decision to engage in crime, based on a trade-off between costs and benefits of committing the crime. The growing empirical economics of the crime literature building on these notions highlights different potential costs and consequences for offenders once they become part of the criminal justice system. Examples include the costs of being convicted and incarcerated in terms of recidivism, labour market earnings, or spillover effects on family members (see Chalfin and McCrary 2017, Draca and Machin 2019 for recent reviews of these literatures, and Pinotti 2020 and Bhuller et al. 2019 for the cases of Italy and Norway). However, much less is known about victim-related costs, even though many crimes involve at least one victim (Bindler et al. 2020). 

Although, in contrast to offending, becoming a victim of crime is not a decision, this does not imply that knowing the costs of crime for a victim is not important. Victim-related costs make up an important part of the social cost of crime and better knowledge of the (long-term) costs can speak to the non-trivial question of suitable compensation and support for victims. Previous studies have provided evidence that exposure to crime has the potential to change behaviour, risk perceptions (e.g. Salm and Vollaard forthcoming), mental health (e.g. Cornaglia et al. 2014, Dustmann and Fasani 2016), and subjective wellbeing (e.g. Cohen 2008, Johnston et al. 2018). If this is the case, then questions about labour market impacts – some of the core economic outcomes – naturally follow. From a theoretical perspective, being a victim of crime can worsen labour market outcomes either directly, through a deterioration in physical and mental health, or more indirectly as victims respond by adjusting working hours, changing jobs or even the location where they live. 

In a new paper (Bindler and Ketel forthcoming), we aim to contribute to the limited evidence on the consequences of being a victim of crime by providing empirical evidence of its adverse effects on individuals’ labour market outcomes. Using unique and detailed register data from the Netherlands, we show that being a victim of crime leads to a significant loss in earnings and increase in social benefit receipt. The negative labour market responses persist over time and are accompanied by shorter-lived responses in health expenditure. 

Design

One difficulty in estimating the effects of being a victim of crime is the underlying simultaneity problem. What comes first – unemployment, which potentially increases the risk of being a victim; or becoming a victim, which potentially increases the risk of unemployment? Another problem is that of selection: individuals who become a victim of crime may differ in unobservable characteristics (e.g. risk-taking behaviours) from non-victims. If these unobserved factors are also related to labour market success, this complicates identification of the causal effect. In addition to these identification challenges, researchers face a scarcity of high-quality data on both incidents of people becoming victims of crime and the respective outcomes. Previous studies have therefore mostly relied on either small-scale survey data, aggregate crime data, or (more selective) hospitalisation data to measure or proxy for incidents of becoming a victim. These types of data sources put a limit on the types of empirical approaches that can be employed to solve the simultaneity and selection problems. 

The setting in the Netherlands provides new possibilities to deal with the above-mentioned issues. In the Netherlands, victims of all reported cases are registered by the police. These individual records can be linked to an almost two decade-long panel of labour market registry data (based on tax records). To account for selection into (different types of) offences, we only consider individuals who are a victim of crime during the sample period (2005-2016). That is, we exploit variation in the timing of being a victim but do not compare victims to non-victims (or even victims of one type of offence to victims of another type of offence). Intuitively, we compare labour market outcomes before and after being a victim while controlling for individual traits that do not change over time. By exploiting the monthly frequency in the data, we can trace out changes in labour market outcomes before and after the crime and assess the plausible sequence of events. Further, we can study potential spillovers by linking individuals to their respective household members. Finally, when the offender is known to the police, we observe whether the victim and the offender live in the same household, which allows us to separate out domestic violence cases (a very distinct type of crime, see also Bhalotra 2020). 

Main findings 

Figure 1 gives an example of the results for male victims of assault. In the top panel, the two vertical lines in the middle indicate the month of the assault. We see that male victims of assault experience an immediate and significant drop in earnings (blue circles) following the assault, implying a 7.5% drop in earnings one year after compared to the month before. At the same time, the number of days with social benefit receipt (red triangles) increase by 2.9%.

Figure 1 Male assault victims

 

 

Notes: The top panel plots the estimated effect of victimization and 95% confidence intervals for log earnings (blue dots) and days of benefits (red triangles). The solid vertical lines mark the month of the assault. The bottom panel plots the estimated coefficients and 95% confidence intervals for total health expenditure (blue dots) and mental health expenditure (red triangles) as the dependent variable. The solid vertical lines mark the year of the crime. 
Source: Results based on calculations by the authors using microdata from Statistics Netherlands. 

In our paper, we show corresponding figures for male and female victims and document interesting heterogeneities in the effects of being a victim of crime across offences. For offences that likely involve physical violence (assault, robbery), the effects are immediate and largest in the short term, whereas for the other offences considered in the study (threat, burglary) there are more gradual changes following the crime. These labour market effects are in many cases accompanied by short-term increases in total and mental health expenditure, as illustrated for male victims of assault in the bottom panel of Figure 1. Yet, they are also seen for victims with no or only modest increases in medical costs – especially among females. On top of the heterogeneity across offences, our study finds noticeable gender differences, with generally stronger labour market effects for females and with distinct patterns of results when it comes to domestic violence cases.

For most offences, the labour market outcomes do not return to levels prior to being a victim within four years. A likely explanation for such scarring effects is path dependency: individuals who become unemployed or leave the labour market may not return to work or remain long-term reliant on benefits. An additional explanation is that crime is a pivotal event that triggers other changes in life. We find suggestive evidence that being a victim of subsequent crimes and criminal involvement, as well as other life events (moves and family outcomes), may contribute to the longer-term effects. 

Implications

Our findings of persistent labour market costs of being a victim of crime have important policy implications, as they speak to the ongoing debate concerning the social cost of crime and to the non-trivial question of suitable compensation for victims. What are the more indirect costs (including adverse labour market effects) and should they be considered? While this ultimately depends on the policy aim, agents of the criminal justice system (e.g. judges or juries) may be challenged to award an appropriate compensation amount to the victim and having guidelines for these amounts is valuable (e.g. Johnston et al. 2018). 

Naturally, given the still scarce empirical evidence on the topic, more research will be needed to robustly inform the policy debate on questions regarding being a victim of crime, labour market outcomes, and necessary support systems. This is particularly relevant as the Netherlands has a relatively generous welfare system – both in terms of health insurance and social welfare. While our study cannot speak to this directly, one may only speculate whether the negative impacts in other countries with less generous support systems, more inequality, and/or different access to healthcare are larger than those we document here. To enable the necessary research, to fill the knowledge gap and to learn about important policy lessons, more high-quality data on being a victim of crime will be needed in the future.

References

Becker, G (1968), “Crime and punishment: An economic approach”, Journal of Political Economy, 76 (2): 169–217.

Bhalotra, S (2020), “A shadow pandemic of domestic violence: The potential role of job loss and unemployment benefits”, VoxEU.org, 13 November.

Bindler, A, R Hjalmarsson, and N Ketel (2020), “Costs of victimization”, Handbook of Labor, Human Resources and Population Economics, Springer.

Bindler, A and N Ketel (forthcoming), “Scaring or scarring? Labour market effects of criminal victimisation”, Journal of Labor Economics.

Bhuller, M, G Dahl, K V Løken, and M Mogstad (2019), “Incarceration can be rehabilitative”, VoxEU.org, 24 March.

Chalfin, A and J McCrary (2017), “Criminal deterrence: A review of the literature”, Journal of Economic Literature 55 (1): 5–48.

Cohen, M A (2008), “The effect of crime on life satisfaction”, The Journal of Legal Studies 37 (S2): 325–353.

Cornaglia, F, N E Feldman, and A Leigh (2014), “Crime and mental wellbeing”, Journal of Human Resources 49 (1): 110–140.

Draca, M and S Machin (2015), “Crime and economic incentives”, Annual Review of Economics 7: 389–408.

Dustmann, C and F Fasani (2016), “The effect of local area crime on mental health”, The Economic Journal 126: 978–1017.

Johnston, D W, M A Shields, and A Suziedelyte (2018), “Victimisation, well-being and compensation: Using panel data to estimate the cost of violent crime”, The Economic Journal 128 (611): 1545–1569.

Pinotti, P (2020), “Burden of proof: Measuring and understanding crime”, VoxEU.org, 1 August.

Salm, M and B Vollaard (2021), “The dynamics of crime risk perceptions”, American Law and Economics Review 23(2): 520-561.

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Michael Avenatti Found Guilty of Stealing from Stormy Daniels

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Underfunding, poor monitoring blamed for inadequate implementation

From Lateef Dada, Osogbo

Stakeholders in the judicial system have blamed underfunding, poor monitoring, lack of conducive courtrooms and personnel as challenges hindering the successful implementation of the Administration of Criminal Justice Law (ACJL) in Nigeria. The stakeholders from different sectors who gathered in Osogbo, Osun State, to discuss the topic: “Strengthening The Effective Implementation Of Administration Of Criminal Justice Law In States Through The Administration Of Criminal Justice Monitoring Committee Structure,” harped on the need to raise the bar of justice delivery through the implementation of ACJL.

Executive Secretary, Administration Of Criminal Justice Monitoring Committee (ACJMC), Federal, Sulayman Dawodu, in his remarks at the one-day workshop, lamented underfunding and poor monitoring of funds allocated to the criminal justice system.

He said: “If you look at all the criminal justice sector, you will discover that it is underfunded, or where ever it is being funded, no one is there to oversee how the money is being deployed. If the government really must get serious about intervening, they should also put an oversight system in place to manage how that money will be well utilized. There should be checks and balances and with this, we can fix the whole criminal justice system.”

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He explained that the workshop sponsored by MacArthur Foundation was to enlighten some states that are just inaugurating their monitoring committees and those who are not performing well on the implementation of ACJL. Chief Judge Of Osun State, Justice Oyebola Adepele-Ojo, also berated the lack of conducive courtroom and shortage of personnel among others, saying the implementation of ACJL is facing many challenges.

She commended the committee and the foundation for organising the workshop, saying it would enable the committee to evaluate the performances of their sectors in the administration of Criminal Justice.

Comptroller of Correctional Service, Osun, Olanrewaju Amoran, pledged the readiness of his command to support the stakeholders to ensure that ACJL achieved the desired goals.

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Oklahoma governor has no grounds to sue over hunting compacts, chiefs of two tribes say | Govt-and-politics

Jimcy McGirt, 71, is challenging an Oklahoma state court’s jurisdiction over him in his convictions in 1997 for a series of sex crimes. A Wagoner County District Court judge sentenced him that year to more than a millennia in prison.

McGirt was convicted of first-degree rape by instrumentation, lewd molestation and forcible sodomy, all after a former conviction, according to court documents. He previously served a five-year prison term for a sodomy conviction.

“McGirt challenges this judgment and sentence as void without subject matter jurisdiction because McGirt is an enrolled member of the federally recognized Seminole Nation of Oklahoma and the alleged crimes were allegedly committed in Indian Country,” McGirt wrote in his self-filed petition to the U.S. Supreme Court.

The crimes occurred in late 1996 in east Broken Arrow. And, according to the Oklahoma attorney general’s response to the petition, they were committed against a child.

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Oregon facing severe shortage of public defense attorneys

Oregon Supreme Court in Salem, Ore., May 19, 2021.

Kristyna Wentz-Graff / OPB

Oregon needs about 1900 public defenders to ensure the constitutional rights of those in the criminal justice system, but the state has fewer than 600, a 69% deficit. That’s according to a new report by the American Bar Association. Advocates say the crisis is actually longstanding and has steadily worsened. The latest report echoes a 2019 report by the Sixth Amendment Center that found Oregon’s system for public defense was essentially unconstitutional. Advocates say all three branches of government are needed to address the crisis. Metro Public Defenders attorney Tristen Edwards represents indigent people accused of crimes. She says her clients are some of the most vulnerable and disadvantaged people, and she’s passionate about representing them. But even working six days a week — without taking on new cases — she can never do everything she needs to do. Edwards joins us to share her experience trying to keep up with day-to-day case loads, and about her restorative justice work to address systemic inequity.

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