Criminal Sentencing


An Arizona public-information campaign sponsored by Clear Channel features billboards educating on human trafficking.

An Arizona public-information campaign sponsored by Clear Channel features billboards educating on human trafficking.

If you drive through the Valley of the Sun, you may have spotted a number of billboards that highlight the tragedy of human trafficking.

Sponsored by Clear Channel Outdoor, the signs were touted earlier this month by new Attorney General Mark Brnovich, who (with Cindy McCain) unveiled an anti-human trafficking campaign. You can read more about the Clear Channel partnership here.

According to a press release:

“These efforts to raise awareness about human trafficking come just weeks before the Super Bowl comes to town. The influx of fans serves as an opportunity for traffickers, but also for law enforcement to seek the public’s help in combating this terrible crime.”

“The United States Department of Justice considers Phoenix one of the top human trafficking areas in the country. Most victims are forced into sex trafficking before they are 15 years old.”

“While the spotlight of the nation’s largest sporting event is on Arizona, Brnovich intends to make it clear that his office will be ramping up efforts to end this crime against humanity.” “‘Enslaving innocent children for sexual exploitation and profit is despicable,’ said Brnovich. ‘This type of crime against some of our most vulnerable must never be tolerated.’”

(More from the release is at the bottom of this post.)

State Bar of Arizona SBA_Logo_ColorLawyers who seek more information on the challenges faced by these crimes might want to attend a State Bar CLE on January 27. It is titled “Human Trafficking: Modern Day Slavery in Arizona.”

As it’s described:

“This program will focus on the growing trend of human trafficking in Arizona and throughout our country. With the Super Bowl planned for February 1, 2015 in Glendale, this topic is more relevant than ever. Attendees will have an eye-opening experience to hear from a victim of childhood trafficking.

Topics:

  • Overview of what human trafficking is.
  • Discussion about the prevalence of human trafficking nationally, in Arizona, and surrounding the Super Bowl, including statistics and several real world case examples.
  • Overview of some of the common signs and indicators surrounding human trafficking.
  • Discussion about the recent federal Arizona District Court decision enjoining Arizona’s Human Smuggling law, and the implications of that decision on other Arizona anti-human trafficking laws.
  • Overview of federal immigration programs that may permit the victims of human trafficking to remain in the country while assisting in the investigation and prosecution of human trafficking offenses.
  • Overview of other Arizona criminal laws that may be implicated in a human trafficking situation.
  • Discussion about some of the other available resources on the topic of human trafficking.

The instructors are:

  • Bill Hughes, Chief Criminal Deputy for Yavapai County, Arizona, and a past President of the Yavapai County Bar Association
  • Arizona Justice Ann A. Scott Timmer
  • Carolyn Jones, a speaker on the topic of sex trafficking

You can get more information and register here.

And here is the rest of the Attorney General’s release:

“General Brnovich has hired Zora Manjencich to coordinate anti-human trafficking efforts for the Attorney General’s Office. Manjencich spent nine years at the Maricopa County Attorney’s Office handling high- profile sex crimes in the East Valley. She tried and convicted a child predator who was featured on ‘America’s Most Wanted’ and earned the Crime Victims’ Rights Special Award.”

“Cindy McCain believes Brnovich’s presence at the event will highlight his commitment to thwarting human trafficking in Arizona, just three days into his term.”

“‘Mark and I have discussed this issue in depth and I know he is committed to aggressively prosecuting those who dare to traffic our children for sex,’ said McCain. ‘I am grateful for his commitment and look forward to working with him in the coming years to stop trafficking in our state.’”

April 2012 Arizona Attorney: Lawyers Go Green

April 2012 Arizona Attorney: Lawyers Go Green

“Best hits of 2012? Did I hear that right?”

You may be asking yourself that very thing as I kick off this short holiday week with three posts that highlight some of my favorite content from the three past years of Arizona Attorney Magazine.

I had considered hanging a “closed” sign on my blog this week. But then I thought I’d enjoy looking back and spotting some bright spots. And then on this Wednesday—the last day of the year—I’ll round this effort out when I identify some great work from this past year … in case you missed it.

I did something like this back in 2010, and readers told me they enjoyed it (but maybe they were being nice).

In any case, here are my recommendations for 2012 content for your quiet winter evenings:

Turn to our April 2012 coverage of green law offices (for which I am very grateful to attorney Jennifer Mott).

In July/August 2012, we were privileged to run Maureen Kane’s great piece on Justice Michael Ryan. (It is followed by some memories of his then-clerks, which you can read here.)

The July/August 2012 Arizona Attorney included our coverage of Justice Michael Ryan.

The July/August 2012 Arizona Attorney included our coverage of Justice Michael Ryan.

And if you like history:

Sentencing reform showed promise in Arizona in 2012.

Sentencing reform showed promise in Arizona in 2012.

Finally, here is a January 2012 piece I enjoyed reporting and writing myself on the possibilities for sentence reform in Arizona (my work benefited greatly from a Guggenheim Fellowship I won that year that connected me with some very smart sources).

Tomorrow, we turn to 2013.

Elizabeth F. Loftus

Elizabeth F. Loftus

This Wednesday, October 22, the University of Arizona law school co-hosts an event with cognitive psychologist Elizabeth Loftus. Speaking on her topic “The Memory Factory,” Loftus explores “how the mind is a ‘memory factory,’ one that can construct a richly detailed and emotionally vivid story, believed sincerely by the speaker although it is entirely false.”

Often described as a memory expert, Loftus’s own university page describes her own work this way: “Her experiments reveal how memories can be changed by things that we are told. Facts, ideas, suggestions and other post-event information can modify our memories. The legal field, so reliant on memories, has been a significant application of the memory research.”

You are likely familiar with her work via the pitched “memory wars” that waged in legal circles. Through her research on “the malleability of human memory,” Loftus examined eyewitness memory and what was called “the misinformation effect.” Numerous cases and headlines over the years have centered on how false and recovered memories may be created, even inadvertently; those dialogues played out most notoriously in childhood sexual abuse cases.

University of Arizona Law School logoThe free event is open to the public and does not require registration (though seating may be limited).

When: Wednesday, October 22, 7:00 pm (doors at 6:00)

Where: Ares Auditorium (room 164), James E. Rogers College of Law, 1201 E. Speedway, Tucson

As the organizers say, Loftus’s presentation is “part of ‘The Mind & The Law’ Lecture Series sponsored by the UA’s College of Science, the School of Mind, Brain, and Behavior’s Cognitive Science Program and the James E. Rogers College of Law.”

More information on the series is available here.

Hermans House movie poster

Herman’s House film poster

Last week, a remarkable film was awarded an Emmy. Herman’s House is a documentary I’ve mentioned and reviewed before, and it examines the use of solitary confinement and incarceration in a compelling way. The award news—plus a free screening—is reason enough to point you toward it.

My review was way back in 2012; you can read it here.

The Emmy, given to PBS’ POV Documentaries for Herman’s House, is described here. This is an excerpt from the press release:

“The POV (Point of View) film Herman’s House won the 2014 News & Documentary Emmy Award for Outstanding Arts and Culture Programming, it was announced on Sept. 30 by the National Academy of Television Arts & Sciences. Herman’s House aired on PBS in 2013 as part of POV, American television’s longest-running independent documentary series. The 35th Annual News & Documentary Emmy Awards were presented at a ceremony in New York City. PBS won a total of 11 awards, more than any other broadcaster.”

The award is bittersweet, for the film’s namesake, Herman Wallace, passed away a year ago.

You can watch a portion of the Emmy Award ceremony here, as the film’s producers accept (click on “Playlist” and select Outstanding Arts and Culture Programming).

Haven’t yet seen this award-winning film? It is screening—free—through October 15 here.

Companies may find that their practices are not bulletproof when it comes to Foreign Corrupt Practices Act compliance. (Image: Wikipedia)

Companies may find that their practices are not bulletproof when it comes to Foreign Corrupt Practices Act compliance. (Image: Wikipedia)

A recent story should serve as a cautionary tale for companies that do not want to run afoul of the federal Foreign Corrupt Practices Act. Looking at a recent prosecution, the publication Corporate Counsel determined that it doesn’t take much to steer into risky waters.

The article relates how Smith & Wesson agreed to pay $2 million to settle charges after the government alleged the company “had engaged in a systematic pattern of bribery from 2007 to early 2010 in order to get contracts to sell firearms to foreign military and law enforcement in countries such as Indonesia, Turkey and Pakistan.” The article’s larger lesson is voiced by a Mayer Brown attorney:

“Bill Michael, cochairman of Mayer Brown’s global anticorruption and FCPA practice, told CorpCounsel.com the fact that the SEC was willing to go after a company that only profited by a little more than $100,000 from allegedly illegal actions should be a lesson and warning to those who would skirt antibribery law. ‘Apparently, no case may be too small,’ he said.”

You can read the complete article here (subscription or LinkedIn log-in may be required).

In Arizona Attorney Magazine, we have covered the Foreign Corrupt Practices Act, and this story by Anne Bishop and Brett Johnson is worth a bookmark.

Arizona Attorney, Feb. 2009

Arizona Attorney, Feb. 2009

But for your clients who operate abroad, also remember to examine other nation-specific laws that may trip up your corporate clients. For instance, we covered the U.K. bribery law here (thanks to Marc Lieberman and Mark Lasee for that great article).

Foreign Corrupt Act UK AzAt March 2012

Arizona Attorney, March 2012

 

How serious do Americans think our incarceration crisis is? Their word choice provides a clue.

How serious do Americans think our incarceration crisis is? Their word choice provides a clue.

It may be wonkish and nerdy to admit, but I enjoy the etymological side of public policy quite a bit.

Wait, that sentence itself is pretty incomprehensible. So let me start again.

We may all know “mass incarceration” when we see it (especially in the United States). But where did the term come from? Who used it first? And is it a neutral phrase, or laden with ideological baggage?

That is the conceptual adventure a reader embarks on when they begin a recent article on the Brennan Center website titled “Just Facts: Quantifying the Incarceration Conversation.

In the article, Oliver Roeder explains the roots of the term mass incarceration. That alone makes the article worth your time.

But of special interest is the kind of research that a digitized knowledge base allows us. The existence of digitized articles and scholarship permits talented people like Roeder to track trends in word use. Because of that, he’s able to explain, among other things, how use of the phrase ramped up, and to compare it to the increasing size of our prison population. Here is an example of one of his tables:

Mass incarceration table Brennan Center

Roeder earned his economics Ph.D. at the University of Texas in Austin. Perhaps not coincidentally, Texas is one of the states trying to make inroads in the mass incarceration challenge.

A few years ago, I wrote a story about the possibility for altered sentencing laws in Arizona. It appeared way back in 2012, when the prospects had brightened and then dimmed.

But if Roeder’s analysis shows anything, it is that the concept of mass incarceration has entered the collective consciousness. Supporters and detractors both understand that they must wrestle with the propriety of a historically large prison population.

So maybe it’s time for an updated look. What do you think?

Ak Chin Justice Center, whose ribbon-cutting occurred June 6, 2014. Maricopa, Ariz.

Ak Chin Justice Center, whose ribbon-cutting occurred June 6, 2014. Maricopa, Ariz.

Maricopa, Arizona, was the site of a June 6 community gathering that marked the opening of the Ak-Chin Indian Community Justice Center. The 56,000-square-foot building houses the tribal police department, court and detention center, as well as offices for public defenders, prosecutors and probation staff.

That’s the opening to my news story that will be published in the July/August Arizona Attorney Magazine. That’s also where we’ll include a smattering of photos.

But who doesn’t like more photos? So here are a few in this post. And you can see the whole set on our Facebook page here.

Have a great—and justice-filled—weekend.

Basket-weaving, an important component of the Ak-Chin culture, is apparent in the Ak-Chin Justice Center's design and appointments. The photo shows how the design influences the light fixtures.

Basket-weaving, an important component of the Ak-Chin culture, is apparent in the Ak-Chin Justice Center’s design and appointments. The photo shows how the design influences the light fixtures.

Tribal Judge Brian Burke describes features of the new courtroom space at the Ak-Chin Justice Center, June 5, 2014.

Tribal Judge Brian Burke describes features of the new courtroom space at the Ak-Chin Justice Center, June 5, 2014.

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