JUDGES RULE IN SELF INTEREST?
"it was a violation of due process for L. A. Superior Court Judge David Yaffe, who had received illegal payments from L.A. County, to preside over a case where L A County was a party, make an order in its favor and in favor of its co-applicant for an Environmental Impact Report (EIR) and then preside over a contempt proceeding to judge his own actions and enforce the order."
MOTIONS TO RECUSE ALLEGE:
"based upon former past practice and actions (as criminal defense attorneys) if Judge Woehrle (and Judge Walter ) "had decided to grant the writ, they would open themselves up to malpractice claims from clients for who they did not raise the issue of denial of due process and transfer the case(s)"...(of clients who were convicted by L.A. Superior Court Judges who received illegal payments from the County.)............
"knowing all of this information Magistrate Judge Woehrle (and Judge Walter) were under a duty to disclose such (and recuse themselves) but did neither and elected to conceal the information."
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Did Illegal County Payments From 1988 to 2009 Influence The Criminal Justice System ?
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Significant Prison Growth Driven by Several Factors. As previously noted, the prison population has increased significantly over the past 20 years. The factors contributing to this increase are the (1) number of new admissions sent to prison by criminal courts, (2) amount of time served by non–lifer inmates, (3) number of inmates in prison with life sentences, (4) number of parolees returned to prison by criminal courts for new felony offenses, and (5) number of parolees returned to prison by the state’s administrative revocation process. As Figure 5 shows, most of these factors have increased significantly between 1987 and 2007.
Not Demographics or Crimes. Our analysis indicates, however, that changes in population and crime rates do not explain much if any of the growth in the number of admissions from the courts. Between 1987 and 2007, California’s population of ages 15 through 44—the age cohort with the highest risk for incarceration—grew by an average of less than 1 percent annually, which is a pace much slower than the growth in prison admissions. Moreover, the number of crimes committed actually decreased over the past two decades. Specifically, the total number of reported violent crimes (homicide, rape, robbery, and aggravated assault) and property crimes (burglary, motor vehicle theft, and grand theft) decreased by an average of about 1 percent annually over the past two decades.
Law Enforcement and Prosecution Help Explain the Trend. So, what does explain the increase in court admissions? Arrest and prosecution data tell at least part of the story. As shown in the figure below, despite declining crime rates, the number of adult felony arrests has remained relatively stable over the past two decades. However, the number of felony charges filed, convictions achieved, and prison sentences ordered by the courts have significantly increased during the same time period. These outcomes suggest that law enforcement has increased the percent of felony crimes resulting in arrests. In addition, prosecutors have increased the proportion of (1) arrests resulting in prosecution, (2) charges resulting in a conviction, and (3) convictions resulting in a prison sentence. As a consequence, a felony arrest is almost twice as likely to result in a prison sentence than it was two decades ago.
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