Boston Bombing, FBI Orlando Shooting

Boston Bombing, Orlando Shootout

This American Life investigated the mysterious death of Ibragim Todashev, someone “loosely linked to the Boston Marathon bombing.”  Todashev was shot seven times by the FBI in his Florida apartment.  Allegedly, confessed to a triple, execution-style homicide and then went ballistic, requiring the FBI shoot and kill him.  Even more odd than this, the FBI has remained silent about what occurred.

Here is a description of the fascinating podcast from the This American Life podcast:

Last May, a weird story made the news: the FBI killed a guy in Florida who was loosely linked to the Boston Marathon bombings. He was shot seven times in his living room by a federal agent. What really happened? Why was the FBI even in that room with him? A reporter spent six months looking into it, and she found that the FBI was doing a bunch of things that never made the news. HerBoston Magazine story.

The Credit Card Black Market

The Credit Card Black Market

Interested in where you can purchase your credit card number? Want to know how/where your credit card number can be attained? This Planet Money podcast discusses the stole credit card black market. Here is a description of the podcast: 

If you know the right people — and if you can get other criminals to vouch for you — you can go online and buy huge bundles of stolen credit cards.

As it turns out, Planet Money knows the right people.

On today’s show, we sit in with Keith Mularski of the FBI. Mularski got so deep into this world that he wound up running a major criminal website.

He takes us to a giant online mall for stolen credit cards, where vendors offer discounts for repeat customers and banners advertise hacking and phishing tutorials.

Reforming Juvenile Justice Laws

Reforming Juvenile Justice Laws

Recently, Diane Rehm devoted an hour of her show to discussing efforts to reform juvenile justice and penal system. It is worth a download for anyone interested in juvenile justice. 

Here is a description of the podcast: 

Over the last decade, 23 states have enacted laws that aim to keep juveniles out of adult prisons and court systems. The shift is a reversal of the tough-on-crime legislation of the 1980s and 1990s. The new laws stem from concerns about teenage suicides in adult jails and new research showing that young people held in adult courts are more likely to be repeat offenders than juveniles not held in adult jails. But some state attorneys are against the change. They say the legislation adds unnecessary delays to prosecution and are an insult to victims. Join Diane and a panel of guests for a discussion on these new laws that aim to keep youths out of adult prisons and courts.

 

Guests 

John Schwartz,  national correspondent, The New York Times.

Liz Ryan, president, Campaign for Youth Justice.

Dan May, district attorney, Colorado Springs, Colo.

 

Reforming Juvenile Justice Laws

Reforming Juvenile Justice Laws

Recently, Diane Rehm devoted an hour of her show to discussing efforts to reform juvenile justice and penal system. It is worth a download for anyone interested in juvenile justice. 

Here is a description of the podcast: 

Over the last decade, 23 states have enacted laws that aim to keep juveniles out of adult prisons and court systems. The shift is a reversal of the tough-on-crime legislation of the 1980s and 1990s. The new laws stem from concerns about teenage suicides in adult jails and new research showing that young people held in adult courts are more likely to be repeat offenders than juveniles not held in adult jails. But some state attorneys are against the change. They say the legislation adds unnecessary delays to prosecution and are an insult to victims. Join Diane and a panel of guests for a discussion on these new laws that aim to keep youths out of adult prisons and courts.

 

Guests 

John Schwartz,  national correspondent, The New York Times.

Liz Ryan, president, Campaign for Youth Justice.

Dan May, district attorney, Colorado Springs, Colo.

 

The Problem of Over Criminalization in America

The Heritage Foundation  defines over criminalization as “the trend to use the criminal law rather than the civil law to solve every problem, to punish every mistake, and to compel compliance with regulatory objectives.” In today’s society, most states have laws on the books for just about anything you could think of.   Criminalizing every behavior a person can engage in is said to chill the effects that punishing criminal behavior was originally intended to produce. The Heritage Foundation issued a report entitled “Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law.” For more information, see their webpage on the topic.  In sum, this article details that Congress continues to create new crimes through legislation that do not possess the characteristics of what is typically referred to as a “crime.” Here are some of the brief findings outlined in this article:

” A core principle of the American system of justice is that no one should be subjected to criminal punishment for conduct that he did not know was illegal or otherwise wrongful. This principle of fair notice, which has been a cornerstone of our criminal justice system since the nation’s founding, is embodied in the requirement that, with rare exceptions, the government must prove the defendant acted with mens rea—a “guilty mind”—before subjecting him to criminal punishment. Members of the 109th Congress (2005–2006) proposed 446 criminal offenses that did not involve violence, firearms, drugs and drug trafficking, pornography, or immigration violations. Of these 446 proposed non-violent criminal offenses, 57 percent lacked an adequate mens rea requirement. Worse, during the 109th Congress, 23 new criminal offenses that lack an adequate mens rea requirement were enacted into law.” This quote can be found here.

The National Association of Criminal Defense Lawyers notes that there are over 4,450 crimes throughout the Federal criminal code. Americans are expected to know and understand the laws so they can conform their behavior to them. Ignorance to the law is said to not be a defense to criminal conduct. However, can our society really expect the average citizen to be fully informed of what conduct is punishable when there are that many offenses?

For more examples of this problem, see this article.