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Study: Effectiveness of a Mental Health Court in Reducing Criminal Recidivism and Violence

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In response to the large-scale involvement of people with mental disorders in the criminal justice system, many communities have created specialized mental health courts in recent years. However, little research has been done to evaluate the criminal justice outcomes of such courts. This study evaluated whether a mental health court can reduce the risk of recidivism and violence by people with mental disorders who have been arrested.

The results indicate that a mental health court can reduce recidivism
and violence by people with mental disorders who are involved in the criminal justice system.

Effectiveness of a Mental Health Court in Reducing Criminal Recidivism and Violence

Gang Prosecutors Hit

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by Millie Lapidario
The Recorder, August 22, 2007 

A recent appellate ruling from Southern California has caused quite a rumble in San Francisco — and among gang prosecutors across the state.

The War on Gangs: Saving the streets or abusing civil rights?

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by Martin Kuz
SF Weekly

With murders on the rise, City Attorney Dennis Herrera is cracking down on gangs using a legal tool critics say smacks of McCarthyism
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Save San Francisco’s Drug Court!

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By Jeff Adachi
Printed in SF Bay Guardian, February 2005

Thirty years after President Richard Nixon declared the national War on Drugs, this country is spending upwards of $50 billion each year to fight drug crime, abuse and addiction, continuing to pour money into another losing war, albeit, here at home.  Of the 2 million inmates incarcerated in state and federal prisons, 500,000 are incarcerated for drug offenses.  In San Francisco, currently one-half of all prisoners in the county’s jail are being held for drug crimes.  However, there is one bright light of sanity: an experiment that came to be known as Drug Court —- an intensive, community-based treatment, rehabilitation and supervision program for felony drug defendants —- has now blossomed into 350 courts, in 49 of the 50 states.  Since 1990, over 140,000 drug-addicted persons have entered drug court programs and more than 70% are either still enrolled or have graduated.

In San Francisco, persons charged with certain specified drug offenses have the option of entering a one-year treatment program, which often includes residential or outpatient treatment, mandatory counseling, drug testing three-times a week and regular court appearances to check-in.  Most graduates have spent at least eighteen months in drug court.  Participants are also encouraged to obtain a high school or GED certificate, maintain employment and be current in all financial obligations, such as child support.

San Francisco’s Drug Court is unique in that it  permits persons charged with sales offenses involving small amounts of narcotics or those charged with “possession for sale” to participate.  Many courts have limited participation to those charged with possession offenses only, arguing that those who sell drugs should not be allowed to benefit from Drug Court’s rehabilitative programs. San Francisco’s approach recognizes that there are often persons who sell drugs in order to feed their habits, and that society has an interest in offering treatment to sellers who are addicted to drugs.

Recently, San Francisco’s Drug Court has come under attack.  Media reports, fueled by Drug Court’s detractors, declared that Drug Court was a “Haven for Dope Dealers,” suggesting that anyone with a history of selling drugs should be excluded.  Concerns were also raised that drug dealers were coming to San Francisco because of its policy of admitting persons charged with sales offenses.  These reports gave the impression that Drug Court was inappropriately offering treatment to drug dealers and therefore contributing to increased drug activity in the City.  These attacks come at a time when the Bush administration plans to eliminate the funding source that makes Drug Courts possible.
                          
These reports cannot be further from the truth.  First, Drug Court should be judged on its success.  Of the hundreds of people who have graduated from Drug Court, less than 15% have re-offended within a two-year period following their graduation from the program.  This compares to a 51 % recidivism rate for persons convicted of drug offenses who do not participate in Drug Court.  As for big-time drug dealers being admitted to the program, the statistics show that most persons are there for selling small amounts of marijuana and cocaine, in most cases $20 or less.  Finally, as to ‘out-of-town’ dealers flocking to San Francisco to sell drugs because of Drug Court, less than 16% of all defendants admitted to Drug Court with sales cases have out of county addresses.
 
However, the positive outcomes of Drug Court cannot be measured by statistics alone.  When one considers the impact of hundreds of drug-free babies to drug court participants, the re-unification of families torn apart by drugs, and the value of the educational and vocational training provided, it becomes clear that Drug Courts need to be expanded, not reduced.  Indeed, the Drug Court “movement” may be America’s only true solution to ending the War on Drugs.

Jeff Adachi is the SF public defender.  Drug Court celebrates its 10th Anniversary on March 15, 2005, at Delancey Street in SF.  Please call (415) 553-9855 for more information.

San Francisco Jury Acquits Man In Sexual Assault Case

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San Francisco, CA – Justin Desmangles, a member of the North Beach literary community, was acquitted yesterday of rape, attempted sodomy by force, and assault with a deadly weapon. The four-week trial took place before San Francisco Superior Court Judge Jerome Benson.

Desmangles, who once hosted jazz and literary radio shows on local station KPOO, published several articles on jazz music and worked at Smoke Signals newsstand on Polk Street. He made a name for himself in the North Beach literary scene by organizing readings in the City Lights Bookstore.

Local literary personality acquitted of rape charges

In February 2007, Desmangles engaged in sexual intercourse with a woman, who later told authorities she was raped. At trial, the 37-year-old Desmangles took the stand in his defense and said he had consensual sex with the complainant. According to Desmangles, the alleged victim had asked him to choke her in the past during intercourse and he had engaged in erotic asphyxiation with the complainant prior to the incident. Desmangles explained that during the incident in question, he placed an extension cord around the complainant’s neck after they agreed on a safety word that she could use to stop intercourse at any time.

According to Desmangles’ attorney, Public Defender Sangeeta Sinha, “I am grateful that the jury reached the right verdict. He was innocent. He never forced the complainant to commit any act against her will. It came down to a credibility contest between my client and the accuser and her story was not believable.” Sinha also noted that Desmangles had no prior record.]

A number of local notables testified at trial, including former District 5 Supervisor and attorney Matt Gonzalez, California Poet Laureate Albert Young and San Francisco Poet Laureate Jack Hirschman.

The mission of the Public Defender’s office is to provide vigorous, effective, competent and ethical legal representation to persons who are accused of crime and cannot afford to hire an attorney. Established in 1921, the San Francisco Public Defender has a long, proud history of providing top-notch representation to its clients, and championing programs that help people turn their lives around.

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Bad Luck or Racism in the Criminal Justice System?

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by Jeff Adachi
Printed in The Recorder, September 2005.

60 years ago, a black maid named Lena Baker was tried for capital murder in Georgia. She was charged with shooting a white man who had kidnapped her and threatened her with a metal bar. Her trial, presided over by a white judge and 12 white male jurors, lasted less than four hours. The jury convicted her in less than half an hour, and she was sentenced to die in the electric chair.

Contrast Baker’s case with that of Edgar Ray Killen. Last June, Killen, a former Klansman, was convicted of killing three civil rights workers in Mississippi in 1964. The judge, who gave Killen the maximum sentence, released Killen pending appeal after he served only 6 weeks of his life sentence, said “the state had not proven that Killen was a flight risk or threat.” While six decades separate these two cases, the result in Killen’s case raises serious questions concerning the disparate outcomes for people of color under our system of justice.

Less distant in time are the cases of businesswoman Martha Stewart and rapper Lil’ Kim. While celebrities do not generally provide the best measure of what happens in our justice system, many were surprised when Martha Stewart was actually sentenced to serve 5 months in a federal prison when she was convicted of obstruction of justice, conspiracy and making false statements. The nation, however, took less notice when Lil’ Kim, who was convicted of telling a grand jury that she did not recognize two of her close friends at the scene of a crime, was convicted of perjury but acquitted of the more serious charge of obstruction of justice. Lil’ Kim didn’t fare as well as Martha, receiving a sentence of one year in a federal penitentiary.

Sentences handed down for white collar crimes also seem widely disparate from those handed down in drug and weapon cases. WorldCom Executive Scott Sullivan, who played a leading role in WorldCom’s $11 billion dollar accounting fraud and was later convicted of fraud, conspiracy and filing false reports, received a sentence of 5 years, though he faced a potential sentence of 25 years. Weldon Angelos, a 25 year Latino man, was not as lucky. He was sentenced to 55 years with no possibility of parole for a first time drug offense and possession of a gun. Martin Grass, the Rite Aid CEO who was convicted of defrauding the nation’s third-largest drugstore chain and shareholders, had his eight year sentence reduced by the judge to eliminate “disparity between Grass’ sentence and defendants sentenced for similar crimes.” Tammi Bloom was not as fortunate in seeking to reduce her sentence of 19 years for cocaine distribution after cocaine was discovered in a house her husband shared with his mistress. Her motion was denied.

The impact of race on outcomes in the criminal justices system has been the subject of great debate, particularly in the area of sentences meted out for drug offenses. Although the majority of crack users in the U.S. are white, blacks comprised 84.7 percent of those convicted on crack cocaine charges, Latinos 8.9 percent and whites 5.4 percent. Although Blacks are 12% of the U.S. population and 13% of U.S. drug users, they constitute 38% of all drug arrests and 59% of those convicted of drug offenses. When sentenced for drug offenses in state courts, whites serve an average of 27 months and blacks an average of 46 months. Black men are incarcerated at 9.6 times the rate of white men, and black women are incarcerated at 8 times the rate of white women. African-American youth are 48 times more likely to be sentenced to a juvenile facility than whites, even though white youth are 71% of the youth arrested for crimes.

These troubling statistics belie the fact that today, the existence racism in the criminal justice system is often dismissed by many in the legal profession. According to an ABA survey conducted in 1999, only 6.5% of white attorneys believed that racism exists, compared to 52.4% of black attorneys. If lawyers refuse to acknowledge the existence of racism, one wonders whether the legal profession can be trusted to correct these inequities.

Institutional racism is defined as “the collective failure of an institution to provide an appropriate and professional service to a person because of their color, culture or ethnic origin.” In Lena Baker’s case, the service she was denied was justice. The fact that she was pardoned 60 years after her execution provides some measure of justice, though it did Ms. Baker little good. However, her case should not go unnoticed, for she has joined the legacy of those who have experienced a legal system that continues to doll out bad luck to those who fall on the wrong side of the tracks.

We know that changes are coming to Pardon Applications in Canada (technically called a record suspension). Although we have no specific details about what changes to expect we know that the Public Safety Minister is looking into reversing many, if not all, of the changes that were introduced by the Previous Federal Government. For more details, feel free to visit nationalpardon.org/pardons-canada/.

Jeff Adachi is the Public Defender of the City and County of San Francisco and recently participated on a panel on Racism in the Criminal Justice System at the annual state bar conference.

Man Found Not Guilty in Stabbing SF Man

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CBS 5 CrimeWatch 

(BCN) SAN FRANCISCO – A 20-year-old Daly City man who spent the last 19 months in county jail on murder charges was set free Tuesday after a San Francisco jury found him not guilty, Deputy Public Defender Mark Jacobs said Wednesday.
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Read the press release.

San Francisco Jury Finds Man Not Guilty Of First Degree Murder After Second Trial

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San Francisco, CA – A 20-year-old man charged with first-degree murder in a fatal stabbing that occurred during a street brawl was found not guilty yesterday after a four-week trial.

The stabbing occurred during a November 2005 melee that erupted in front of a house party in the Oceanview district of San Francisco. The victim had come to the defense of his girlfriend, who was involved in an altercation with other females, when he was assaulted by a group of young men. During the fight, which involved 12-15 people, the victim was fatally stabbed. However, only one person, David Dorsagno, was arrested and charged.

At trial, Dorsagno maintained his innocence, while Assistant District Attorney Robert Gordon III presented witness testimony from twenty-one individuals, including partygoers and persons personally involved in the attack. No physical evidence or DNA linking Dorsagno to the stabbing was presented. The knife used in the attack was never recovered.

Deputy Public Defender Mark Jacobs was successful in exposing the biases of the prosecution witnesses on cross-examination, many of whom misrepresented their own involvement and had motive to scapegoat Dorsagno. One witness denied under oath to discarding a shirt laden with the victim’s blood, only to be contradicted by the sworn testimony of another who said that the former witness did attempt to dispose of evidence. Both of these witnesses were given immunity by the prosecution for their testimony. According to Jacobs, “The shocking thing about this trial was how much the witnesses lied. They were caught in lies, they admitted to lying, they lied under oath.” Testimony from independent witnesses supported the defense’s version of events.

Jacobs defended Dorsagno in a previous trial on the same charge, which resulted in a hung jury. The prosecution retried Dorasgno despite a lack of hard evidence. According to Jacobs, “This case is a dual tragedy. In the absence of physical evidence and credible testimony, David has spent two years of his life in jail and the victim’s family may never see justice for their son.”

The jury deliberated for 45 minutes before reaching its unanimous verdict.

The mission of the Public Defender’s office is to provide vigorous, effective, competent and ethical legal representation to persons who are accused of crime and cannot afford to hire an attorney. Established in 1921, the San Francisco Public Defender has a long, proud history of providing top-notch representation to its clients, and championing programs that help people turn their lives around.

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Breaking the Cycle

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by Eliza Strickland
SF Weekly

It’s expensive and time-consuming, but a court can help cure the hard-core homeless problem in San Francisco.
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Guilt by association

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by Jeff Adachi
SF Chronicle

San Francisco has begun to employ a controversial crime-fighting tool known as civil gang injunctions. Injunctions bar persons identified as gang members by law enforcement from engaging in restricted activities in specified areas. In light of the violence that the city is experiencing, proponents argue that these restrictions on civil liberties are reasonable. But one critical question has yet to be answered: Will the injunctions reduce gangs and gang violence in San Francisco?