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July 2010
Attorney General Gerry Brown's 2009 Legalized Murder Protection Act Special Report Is Out
Posted
By CotoBlogzz 06-27-2010
Sacramento, CA - In its apparently infinite wisdom, the California Legislature passed Bill 780, the 2002 Reproductive Rights Law Enforcement Act requiring the Attorney General to collect and analyze information on crimes that violate reproductive rights and submit a report to the Legislature (California Penal Code section 13777), where section 13776(a) of the California Penal Code defines an anti-reproductive-rights crime as a crime “committed partly or wholly because the victim is a reproductive health services client, provider, or assistant, or a crime that is partly or wholly intended to intimidate the victim, any other person or entity, or any class of persons.” - view this as the Legalized Murder Protection Act (LMPA)
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California Attorney General Gerry Brown in compliance with LMPA has released the 2009 report, without recommendations, at best incomplete, but an excellent argument as to why there is a desperate need for a Bureaucracy Realignment & Closure Initiative: Of the ten reported crimes, three are classified as “annoying phone calls," three criminal threats, while the reported crimes occurred on eight different counties. One of a myriad of problems with the report, is that a good number of law enforcement agencies, such as the OCSD, do not keep track of key organization indicators (KOI) as demanded by the union, so that union members cannot be held accountable. The state itself is supposed to audit the law enforcement activities, but at least in Orange County, there has not been an audit in recent memory. In other words, the report is simply an instantiation of GIGO – garbage in, garbage out.
Attorney General Gerry Brown's 2009 Legalized Murder Protection Act Special Report
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While
KOIs enable managers to fine tune an organization.
It is not immediately clear whether anyone will
do anything different as a result of Attorney General
Gerry Brown’s 2009
report, other that save it in the circular file.
More
troubling is the genesis of the report:
The Special Report the California Legislature
on Senate Bill 780 published (August
2003) by the California Department of
Justice, Division of California Justice Information
Services, Bureau of Criminal Information and Analysis,
Criminal Justice Statistics Center.
In this report, the authors present a
“plan to prevent, report, apprehend, and prosecute
anti-reproductive-rights crimes in California” and
“ should include the following 16 strategies from
the complete list of 26 strategies described in the
section “Strategies From Literary Sources.” Further, the strategies listed “.. indicating which
component (prevention, PRE; reporting, REP;
apprehension, APP; or prosecution, PRO) each strategy
will impact in the plan.”
Before
we reveal the 16 strategies,
consider the bureaucracy required to produce the
Murder Protection Act report:
| Special Report to the California Legislature - Taxpayer Money as Wasted by |
|
DIVISION
OF CALIFORNIA JUSTICE INFORMATION SERVICES Nick
Dedier, Director and Chief Information Officer BUREAU
OF CRIMINAL INFORMATION AND ANALYSIS Doug
Smith, Deputy Director CRIMINAL
JUSTICE STATISTICS CENTER Jack
Scheidegger, Assistant Chief Steve
Galeria, Program Manager REPORT
PREPARED UNDER THE DIRECTION OF Leonard
Marowitz, Research Manager REPORT
AUTHOR Robert
Richard Springborn, Ph.D. |
One
might expect that as a result of the high-caliber
individual listed in the report (read:
More taxpayer money down the drain).
However, the “strategies” are not earth
shattering, do not offer new insight, and instead
supports the stereotypical law enforcement agency as
the dimmest light bulb in the Christmas Tree, is
condescending, insulting, a clear waste of taxpayer
money and even if some law enforcement agents found
the “strategies” useful, these are more along the
lines of micro-managing and something managers should
already know. We
would summarize the 16 “strategies” in three
words: Use
Common Sense.!
But of course, there is always the possibility that we may be wrong - you can decide for yourself - read the "strategies" below and let us know the error of our ways. If not, demand your lawmakers support a California Bureaucracy Realignment and Closure Initiative.
16
Strategies in support of California’s Legalized
Murder Protection Act Special – Common sense,
condescending, micromanaging, insulting? Whatever your
views, what should be clear is that this is a waste of
taxpayer money.
#1
Law Enforcement Agencies Should Train
Officers
(K #3) (Plan Impact PRE, APP):
Law
enforcement agencies should provide training to
officers on local and federal laws pertaining to
demonstrations and protests, First Amendment rights,
and reproductive rights of patients. This training
should include educating other officers about
stakeholders’ perceptions and perspectives,
discussing
Pro-Life and Pro-Choice beliefs to sensitize officers
to the language surrounding
the
abortion issue, and other relevant information about
recurring abortion-related incidents.
#2
Law Enforcement Agencies Should Train Dispatchers (K
#4) (Plan Impact APP):
Law
enforcement agencies should provide training to
dispatchers concerning deployment procedures,
communications, and appropriate language when handling
calls for service in abortion-related conflicts.
#3
Law Enforcement Agencies Should Establish Event
Guidelines (K #5) (Plan
Impact
PRE):
Before
a planned event, a law enforcement officer should meet
with leaders from the Pro-Life and Pro-Choice
movements to: (a) establish guidelines outlining
acceptable behavior; (b) discuss
police
procedures for violations of these guidelines; and (c)
discuss and distribute written information concerning
injunctions and relevant laws.
#4
Law Enforcement Agencies Should Enforce the Rules (K
#6) (Plan Impact APP):
After
establishing guidelines and explaining them to
participants, law enforcement officers should take
consistent and assertive action in response to
violations.
#5
Law Enforcement Agencies Should Establish Physical
Boundaries (K #7) (Plan
Impact
PRE):
When
possible, law enforcement officers should clearly mark
injunction and police
zones
to prevent possible disputes over legally-protected
territory, including designating areas or establishing
barriers if counter-demonstrators are present.
#6
Law Enforcement Agencies Should Determine Appropriate
Personnel
Deployment
at Planned Events (K #8) (Plan Impact PRE, APP):
To
enforce physical boundaries and event guidelines, law
enforcement agencies must
carefully
assess the number of on-scene officers necessary to
manage each event because under- or over-deployment of
personnel both send a message of bias.
#7
Law Enforcement Agencies Should Assign Officers as
Contacts to Participant Groups (K #8) (Plan Impact
PRE, APP): At large events, in addition to tactical
assignments and as resources allow, two or more
officers should be assigned as primary contacts to the
participant groups. Different officers should be
assigned to the clinic, to Pro-Life demonstrators, and
to Pro-Choice
demonstrators.
The purpose of this strategy includes: (a) ensuring
that participant issues
and
needs are addressed and communicated, and (b) allowing
officers to communicate
with
participants.
#8
Law Enforcement Agencies Should Establish Arrest
Procedures (K #9) (Plan
Impact
APP, PRO): After establishing guidelines for
demonstrations, law enforcement should
clarify
to participants what constitutes a violation and
establish detainment procedures for arresting
individuals who violate the law. These procedures
should include establishing teams to: (a) make the
majority of the arrests (arrest teams); (b) document
all relevant information during the arrest procedure
(booking/processing teams); and (c) transport the
arrestees to the detention facility (transport teams).
In addition, officers should have an event response
kit containing camera equipment along with copies of
injunctions and guidelines pertaining to the event.
#9
Law Enforcement Agencies Should Hold Post-Event
Briefings (K #11) (Plan Impact
PRE,
APP, PRO): After an event, the involved law
enforcement agency should hold internal
post-event
briefings to evaluate its responses and ability to
manage the incident. During these meetings, law
enforcement officers, tactical planners, and others
involved in the event should: (a) review department
policies and procedures; (b) analyze the effectiveness
of law enforcement’s response; and (c) consider
additional training for department personnel.
#10
Law Enforcement Agencies Should Have Guidelines for
Handling the Response
(K
#12) (Plan Impact PRE, APP, PRO): To minimize tensions
during abortion-related
calls
for service, responding officers should: (a) use
neutral and non-confrontational
language;
(b) meet with spokespersons from each of the issue’s
partisans to determine what is alleged to have
occurred; (c) clearly communicate reasons for action
or inaction; (d) gather any existing evidence of the
reported incident or problem; and (e) have a response
kit that includes copies of relevant laws and
injunctions for use in answering calls for service.
#11
Law Enforcement Agencies Should Have Guidelines for
Supervisory Approval
(K
#12) (Plan Impact APP): To assist law enforcement
officers responding to abortion-related calls for
service, officers should have sufficient guidelines to
ensure that most actions do not require supervisory
approval.
#12
Law Enforcement Agencies Should Collaborate With Other
Law Enforcement
Agencies
(K #13) (Plan Impact PRE, APP, PRO): Law enforcement
agency leaders should
establish
formal relationships with other law enforcement
agencies for sharing information
about
abortion-related conflicts in other locations.
#13
Law Enforcement Agencies Should Have Guidelines for
Confidentiality of
Clergy
(K #14) (Plan Impact PRE, REP): Law enforcement and
clergy should establish, in advance, ground rules for
managing confidential information and identifying,
diverting, and responding to potentially violent
persons.
#14
Law Enforcement Agencies Should Collaborate With the
Criminal Justice System (K #15) (Plan Impact APP,
PRO): Collaborative arrangements should be established
among law enforcement agencies, legal liaisons,
judges, local prosecutors, U.S. Attorneys, jails, and
other agencies tasked with criminal justice system
responsibilities related to anti-reproductive-rights
crimes.
#15
Law Enforcement Agencies Should Communicate With Other
Interested Parties
(K
#16) (Plan Impact PRE, REP): Law enforcement officers
should communicate regularly with business owners and
residents in areas affected by abortion-related
conflicts to gain additional perspectives about
conflicts and community concerns. This will aide in
the apprehension
of
law violators by encouraging business owners and
residents to report suspicious persons or activities
to law enforcement.
#16
Law Enforcement Officers Should Not Work as Security
at Clinics and Events
#18) (Plan Impact PRE, REP, APP):
Off-duty
employment of law enforcement officers by clinics or
Pro-Life or Pro-Choice
organizations
should be avoided because it interferes with
officers’ ability to maintain a
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