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$95,000 report ‘kept from public review,’ consultant claims

Here is the final report (jail study) issued by the Institute for Law and Policy Planning (ILPP) on the criminal justice system in Blount County.

Here are the key points to reducing the jail overcrowding according to Alan Kalmanoff JD, the Executive Director of the ILPP, the organization paid to do the criminal justice system assessment.

Here is the open memo to the Blount County Commission, Corrections Committee and Citizens from Alan Kalmanoff.

Here is the June 2014 Tennessee Corrections Institute (TCI) Audit stating that the number of federal prisoners needs to be reduced and that we should look at alternative and pre-trial sentencing solutions.

The Daily Times published a story today on the matter with my comments included.  At the October Blount County Corrections Partnership (BCCP) meeting, I made a motion to forward the ILPP report to the full commission because that report had never been formally released to the public.  However, the full commission has not heard from the study consultant.

My statement:

“As the commissioner who made the motion to have a full commission presentation from the jail consultant on the Criminal Justice System Assessment Report, I am troubled that the meeting was canceled.  Obviously, some county officials aren’t happy with the conclusions of the independent report.  The report was suppose to be heard by the full commission last year, yet there has been no presentation to the commission and it has been delayed once again.  Nearly $95,000 of taxpayer money has been spent.  We owe it to the people of Blount County to have a thorough public discussion on our justice system and jail overcrowding problem.

The report makes some of the same recommendations that the Tennessee Corrections Institute makes including reducing the number of federal prisoners and providing more pre-trial release and alternative sentencing programs.  The report points out that our jail may be unconstitutional and that we could face legal action if we don’t reduce our jail population.  The jail overcrowding situation is dangerous not only to the inmates but to the taxpayers who may be forced to fund an unnecessary jail expansion.”  Commissioner Tona Monroe

Article: http://www.thedailytimes.com/news/report-kept-from-public-review-consultant-claims/article_1b6a1d8c-b18c-570d-b856-5376242592da.html

Tennessee Highway Patrol quota system

http://www.johnsoncitypress.com/article/124967/4-more-troopers-come-forward-about-dui-quota-system

http://www.johnsoncitypress.com/article/125069/thp-colonel-responds-to-troopers-claims-of-dui-quota

http://www.johnsoncitypress.com/article/125172/tennessee-department-of-safety-homeland-security-bill-gibbons-says-thp-has-no-dui-quotas

NMA E-Newsletter #321: Radar Fails Under Scientific Scrutiny … Again

NMA E-Newsletter #321: Radar Fails Under Scientific Scrutiny … Again

Most longtime NMA members understand the weaknesses of using radar to measure vehicle speeds. However, less experienced drivers and even the courts regard radar as foolproof. Nothing could be further from the truth, and we have fresh evidence that further erodes radar’s patina of infallibility.

A member of the NMA Board recently attended a meeting of the American Academy of Forensic Sciences and was kind enough to forward us this description of one of the research presentations titled “Testing of Police Radar”. The research was conducted by two professional engineers, one of whom previously worked for one of the radar manufacturers.

The gist of the presentation is that, despite 30 years of technological innovations, radar still suffers from the same reliability and performance issues that have made it unacceptable as evidence in a court of law. The researchers state that radar cannot meet the requirements of the Daubert test, which is a set of standards trial judges use to determine whether or not expert testimony is based on valid scientific reasoning and methodology:

The reality of police radar is that it fails when subjected to the Daubert test. In this regard, police radar operation should be repeatable—this research demonstrates that it is not a repeatable technique and is, in fact, subject to operator interpretation when multiple targets are present.

The researchers tested several radar unit brands and units. With only one target, the units were pretty consistent in their speed measurements. However with multiple targets, there was no guarantee as to which vehicle’s speed was displayed. They observe that “the radar units can well read different speeds … the decision to issue a citation is highly dependent upon the operator, relative to the instrument.” This refers to one of radar’s biggest downfalls: it can’t distinguish one vehicle from another.

The researchers further explain that radar can pick out either the strongest signal or the fastest signal, depending on road conditions and the mix of vehicles on the road. It cannot, however, pick out the speed of the nearest vehicle. They point out that radar “gun sights” intended to aid target acquisition are useless. They also note that one radar manufacturer allows the officer to black out the displayed speed of the police vehicle in moving mode to conceal from the motorist that the officer was exceeding the speed limit.

Even though the researchers come from a technical/scientific background, they have the presence of mind to point out that radar speed enforcement encourages policing for profit. The NMA has been making this argument for years, but we have seen few other observers make the same connection between shoddy speed enforcement and revenue generation. The researchers further warn that using unreliable radar readings as an excuse to conduct a traffic stop and execute a questionable vehicle search raises Fourth Amendment questions:

But some jurisdictions use strict traffic enforcement as the basis of presumptive traffic stops—they will issue a warning for the traffic violation and instead are looking for a reason to search a vehicle for contraband.

Can anyone say civil forfeiture?

Overall, the study further supports the conclusion that radar speed measurement is unreliable, easily misused and often abused for revenue purposes. In the NMA’s “Fight That Ticket!” e-book, we show you how to use the many kinds of radar error to undermine the officer’s scripted testimony. When you prove to the court that what the officer has testified to is physically impossible or technically violates proper radar procedures, the prosecution’s case will be seriously compromised.

Supporting members can download “Fight That Ticket!” at no charge from the members’ area at www.motorists.org. Non-members can download it here for only $9.95.

Traffic court is a dysfunctional money making scam

“Ferguson does not even rank among the top 20 municipalities in St. Louis County in the percentage of its budget drawn from court fines and fees.”

http://www.nytimes.com/2015/03/08/us/ferguson-became-symbol-but-bias-knows-no-border.html

It’s not just Ferguson, Missouri that is the problem.  Frequently traffic courts are dysfunctional scams designed to enhance public treasuries while shirking due process and failing to teach people how to improve driving habits in ways that actually improve public safety.

 

Supreme Court edits it’s opinions after public issuance

http://www.nytimes.com/2014/05/25/us/final-word-on-us-law-isnt-supreme-court-keeps-editing.html

The federal government has far to much leeway for editing their statements and actions.  Members of Congress ask for “unanimous consent to revise and extend my remarks”.  Enforcement of laws change from case to case, often lacking uniformity.  Does anyone understand rule making authority and how rules and regulations get changed?

We have much work to do if we’re going to reform the federal government.

How to stop license plate tracking

There is a simple way to solve this problem.  All a State has to do is repeal the plate requirement for motor vehicles.  Some States are talking about cutting water off to the NSA.  Why should people be tagged like cattle when they travel?  Cut the plates off, problem solved.  Instead the Tennessee General Assembly is looking to steal more money by upping seat belt fines.  More of that tough of crime garbage from Republicans.

http://reason.com/blog/2014/02/19/national-license-plate-tracking-is-only

http://knoxblogs.com/humphreyhill/2014/02/19/seat-belt-fines-double-administration-bill-approved-committee/