Kaplan is a weird case, with a sentence that seems pretty good, actually, for a hash-oil manufacturing case with an explosion that resulted in a death. (Three years: a six month upward departure).However, dig a little beneath the facts, and there's a quiet new restitution rule that could have a big impact on our clients. Worth a read, if restitution issues are at play.The COTW memo ends with links to the big recent news: the Department of Justice has released its report on the San Francisco Police Department. To quote,We found a department with concerning deficiencies in every operational area assessed: use of force; bias; community policing practices; accountability measures; and recruitment, hiring, and promotion practices. We also found serious deficiencies concerning the San Francisco Police Department’s (SFPD) data systems regarding the ability to collect, maintain, and analyze data. Overall, the DOJ identified 94 findings and provided 272 recommendations.And here are some of the many findings on bias:Bias . . . • The weight of the evidence indicates that African-American drivers were disproportionately stopped compared to their representation in the driving population (finding 30). • African-American and Hispanic drivers were disproportionately searched and arrested compared to White drivers. In addition, African-American drivers were more likely to be warned and less likely to be ticketed than White drivers (finding 31). • Not only are African-American and Hispanic drivers disproportionately searched following traffic stops but they are also less likely to be found with contraband than White drivers (finding 32). The report is available here: https://ric-zai-inc.com/Publications/cops-w0817-pub.pdf It will be the subject of many discussions (and, probably, much litigation) to come.
United States v. Kaplain
Monday, October 17, 2016