| |
| |
 |
|
Maricopa County Sheriff Joe
Arpaio is playing a sham game on Maricopa County citizens clearing cases without
arrest to cover non performance of arresting criminals.
The public is at risk because Arpaio
plays with the numbers to give an illusion Arpaio is arresting criminals when in
fact he is not!
The FBI Uniform Crime Reporting (UCR)
Program: This is the federal program
Arpaio is abusing
The FBI's standards for clearing
cases through exception state the
investigation should have: established
the identity of a suspect; gathered
enough information to support an arrest,
charge and review from prosecutors;
determined the exact location of the
suspect; and cited a reason outside
investigators control that would prevent
arrest and prosecution.
Within the UCR Program, law enforcement
agencies can clear, or "close," offenses
in one of two ways: by arrest or by
exceptional means. Agencies may
administratively close a case, but this
does not necessarily mean the agency can
clear the offense for UCR purposes. To
clear an offense within the Program's
guidelines, the reporting agency must
adhere to certain criteria, which are
outlined in the following text.
Cleared by Arrest
In the UCR Program, a law enforcement
agency reports an offense is cleared by
arrest, or solved for crime reporting
purposes, when all of the following
conditions have been met for at least
one person:
Arrested.
Charged with the commission of the
offense.
Turned over to the court for prosecution
(whether following arrest, court
summons, or law enforcement notice).
In its calculations, the UCR Program
counts the number of offenses that are
cleared, not the number of arrestees.
The arrest of one person may clear
several crimes, and the arrest of many
persons may clear only one offense. In
addition, some clearances an agency
records in a particular calendar year,
such as 2006, may pertain to offenses
that occurred in previous years.
Cleared by Exceptional Means
In certain situations, elements beyond
law enforcement's control prevent the
agency from arresting and formally
charging the offender. When this occurs,
the agency can clear the offense
exceptionally. Law enforcement agencies
must meet all of the following
conditions in order to clear an offense
by exceptional means. The agency must
have:
Identified the offender.
Gathered enough evidence to support an
arrest, make a charge, and turn over the
offender to the court for prosecution.
Identified the offender's exact
location so that the suspect could be
taken into custody immediately.
Encountered a circumstance outside the
control of law enforcement that
prohibits the agency from arresting,
charging, and prosecuting the offender.
Examples of exceptional clearances
include, but are not limited to, the
death of the offender (e.g., suicide or
justifiably killed by law enforcement or
citizen); the victim's refusal to
cooperate with the prosecution after the
offender has been identified; or the
denial of extradition because the
offender committed a crime in another
jurisdiction and is being prosecuted for
that offense. In the UCR Program, the
recovery of property does not clear an
offense.
|
|
|
Jon Garrido Issues Ultimatum to
Arizona Attorney General Goddard: Protect
Us or Resign
PHOENIX
(By Jon
Garrido, The Jon Garrido News
Network) May 26, 2009
Jon Garrido, owner and CEO of
Phoenix News, Arizona News, and Hispanic
News, today issued an ultimatum to
Arizona Attorney General Terry Goddard
Protect us or resign.
According to the Arizona Constitution,
the
Arizona Attorney General is the
highest ranking law enforcement officer
in the State of Arizona and is charged
with protecting the public.
On January 6, 2003, in Tucson, Arizona,
Terry Goddard in taking the oath of
office as Arizona Attorney General
stated, "Protection against unfair
practices requires constant
investigation, sensitive mediation of
disputes and, if necessary, diligent
prosecution."
According to Jon Garrido, "The policies
of Maricopa County Sheriff Joe Arpaio
began before Terry Goddard became
Arizona Attorney General and for six
years, Goddard has taken no action to
investigate Arpaio. Goddard's silence
condones Arpaio policies. Furthermore,
Goddard's silence is a dereliction of
his duties as Arizona Attorney General
to uphold the standards of the office of
Arizona Attorney General."
"Goddard has a fiduciary
responsibility to enforce the highest
standards of police enforcement
throughout Arizona, yet, there
is no investigation, much less
prosecution, by Goddard of Joe Arpaio's
malfeasance of not protecting
the public," according to Jon Garrido.
In 2008, the Sheriff's Office
reported to county officials about 1,300
of 9,500 cases investigated, or about 14
percent, were cleared with arrests. The
same report shows detectives cleared 86%
of cases (8,200) reported to Maricopa County
Sheriff Joe Arpaio were never
investigated. That would mean a large
majority of cleared cases were from one
of several other ways, including unfounded
and/or
"exceptional clearance cases."
Garrido asked,
"Why were 86% of cases cleared through
exceptional means?" One probable answer
according to Garrido, "Maricopa
County Sheriff Joe Arpaio is playing a
sham game on Maricopa County citizens
clearing cases without arrest to cover
non performance of Arpaio arresting
criminals.
This sham
game puts the public at risk because
Arpaio plays with the numbers to give an
illusion Arpaio is arresting criminals
sending them to jail when in fact Arpaio
is not! Arpaio is clearing cases by
'exceptional means' and allowing
criminals to remain on the street
adding to crime in Maricopa
County!"
"Goddard now needs to uphold his office
as Arizona Attorney General and
investigate
'serious malfeasance' in the
Sheriff's Office to detail those cases
cleared through 'exceptional means,"
added Garrido.
"86 percent of formal complaint
cases were never investigated
clearly reveals the public is at
risk in Maricopa County.
The question is whether
never investigated deposition of
cases cleared through 'exceptional
means'
creates a clear and present danger
that will bring about substantive
evils the State of Arizona has a
right to prevent.
An
indictment
of Arpaio by
residents of
Maricopa County
on the failed
police policy of Maricopa County
Sheriff Joe Arpaio is clearly
justified," said Jon Garrido who
added, "all we need is an Arizona
Attorney General with conjones."
Jon Garrido vehemently stated,
"If Goddard can not protect us as
Arizona Attorney General, Goddard should resign. If Goddard does not resign,
Democrats should not vote for him for Governor in 2010. Democrats need to look
for another candidate to support for Governor of Arizona. We should seek another
candidate not only
for Governor but we also should support
a candidate for Arizona Attorney General
who is not afraid to stop the
malfeasance of Joe Arpaio allowing criminals to walk away free.
I think Clint Bolick, director of
the Goldwater Institute's Scharf-Norton Center for Constitutional Litigation,
would make an excellent Arizona Attorney General."
The Maricopa County Sheriff's Office
clears too many cases without arrest
said Clint Bolick to highlight
"serious malfeasance" in the
Sheriff's Office to detail those
cases cleared through "exceptional
means."
"This is a ticking time bomb for the
people of Maricopa County," Bolick
said. "Not only are people not
arrested in these cases, no one is
looking for them."
Sheriff's officials point to those
statistics as evidence of quality
police work, but Bolick said it
could easily be the result of
clearing too many cases through
exception instead of arrest.
"We can't say, no one can say, what
the reality of the situation is," he
said.
To illustrate the point, Bolick uses
the case of
Abigail Brown. Bolick says, "If
detectives had done more than a
cursory investigation of Brown's
case in 2001, the suspects could
have faced trial."
Bolick added, "When Brown, now 23
and living out of state, began
working with local attorneys in 2007
to force sheriff's investigators to
reopen the case, detectives were
able to identify witnesses and
suspects. But by the time the case
reached prosecutors at the Maricopa
County Attorney's Office, only a few
weeks were left before the statute
of limitations would set in.
Prosecutors doubted a jury would
convict the suspects of statutory
rape 6 years after the alleged
assault, particularly because the
charges come with a lengthy
mandatory sentence."
"It could have been done the first
time around, if investigators had
done more work," said Thomas Loquvam,
an attorney working with Brown.
Bolick said the Goldwater Institute
was using the issue to push for
legislation that would amend crime
statutes so law enforcement agencies
have to designate those cases
cleared by arrest and those cleared
by exception.
The Arpaio policy of using
limited resources for maximum
visibility has a indirect adverse
impact on Maricopa County as a place
to live
As former economic development
coordinator for the City of Tucson,
former executive director of
economic development for the City of
El Paso, former staff director of
the El Paso Industrial Development
Bond Authority issuing tax exempt
bonds to finance industrial
development and former member of the
prestigious Urban Land Institute in
Washington DC, I have considerable
experience attracting companies to
cities.
After analysts have determined the
cost of utilities, taxes, land, and
characteristics of the workforce to
determine the cost of doing business
in a potential relocation, all
company decision makers look at the
availability of public amenities and
the quality of life compared to
other cities.
The term Quality of Life is used by
politicians and economists to
measure broader social effects of
policies, such as the effect
extreme police enforcement might
have on the well being of local
residents.
Two widely known measures of a
country's livability are the
Economist Intelligence Unit's
quality of life index and the Mercer
Quality of Living Survey.
Both measures calculate the
livability of countries around the
world through a combination of
subjective life satisfaction surveys
and objective determinants of
quality of life such as divorce
rates, safety, infrastructure and
any negative connotation a city may
have.
The quality of life is hard to
quantify by singling out one
category but is an amalgam of all
components a city is known for. Some
cities have positive amenities no
other city has and some cities have
negative amenities no other city is
known for.
Phoenix, Arizona, across the United
States is known as the city with the
black mold stain everyone knows as
Maricopa County Sheriff Joe Arpaio,
the buckaroo with a gun slinging
OK Corral mentality. This may be
amusing and have no validity for
some in Maricopa County but for
company decision makers looking to
possibly re-locate a facility to
Maricopa County, the Arpaio black
mold stain may be enough to make
Austin, Texas or San Diego,
California a better fit with company
expansion.
According to Robert Costanza,
"'Quality of Life' has long been an
explicit or implicit policy goal
with adequate definition and
measurement elusive. Diverse
objective and subjective indicators
across a range of disciplines and
scales, and recent work on
subjective well being surveys
focusing the psychology of happiness
have spurred renewed interest."
"Quality-of-life crimes" is
encapsulated by American sociologist
James Q. Wilson as the Broken Window
Theory, which asserts excess police
enforcement sends a subliminal
message that disorder in general is
common, and as a result, more
serious crimes will end up being
committed. Wilson's theories have
been expounded by many prominent
American cities most notably Las
Vegas, Los Angeles, New York City
and San Francisco. These cities have
instituted so called zero tolerance
policies, i.e., that do not tolerate
even minor police abuses in order to
improve the quality of life of local
residents.
The Impacts of Culture on the
Economic Development of Cities
commissioned by the City of The
Hague of the Netherlands
looked
at the theme of the relevance
of culture for the economic
development of cities and concluded
culture is a magnet for urban
tourism, an indispensable element of
the quality of life of cities, and a
source of creative ideas and
innovation that strengthen a city's
economic environment. Culture also
defines the image and identity of a
city, its social cohesion and its
openness and adaptability to the new
and unexpected. If the world economy
is putting higher and higher prizes
to creativity, self expression,
sophistication and the capacity to
bridge global trends and local
skills, then cities must understand
exactly what is their cities'
quality of life, how they can
enhance it, and how they can
integrate it with other urban
functions.
Arpaio's mindset is to destroy the
culture of Maricopa County and in
doing so, creates a urban area in
conflict.
Throughout our history, each
generation made sacrifices to better
the lives of the next generation.
Part of the American dream has
included passing on to your children
hope for the future and the
possibility of prosperity.
Yet, as Americans watch their jobs,
savings and quality of life diminish
during this very real and very
serious economic downturn, many
wonder: What will the future bring?
Arizona's blueprint for Arizona's
future does not offer a prescription
for long term growth and prosperity.
Rather, by allowing unbridled
selective police enforcement, it
represents a clear and present
danger to the law and order of
Maricopa County with broad
ramifications to the public security
of Maricopa County residents.
To put it into perspective, Maricopa
County Sheriff failed police
enforcement policies have a direct
impact on the economic development
and specifically on the creation of
jobs in Maricopa County. Without job
creation, the burden of this police
enforcement excess will be borne by
our children, and they will bear the
cost of this through a dollar that
is diminished in value or through
higher taxes. So the money they
might use to send their children to
college, or buy a house, or live a
better lifestyle will be eliminated
or significantly reduced.
It is true the current state of the
economy is stark and the simple fact
remains Arizona has inherited a
substantial and significant economic
challenge. Spending is needed in the
short term to stabilize our
financial systems and help our
economy recover. But the recession
will not last forever, and our
budget should not spend as if it
will.
As families sit at their kitchen
tables to assess their own
priorities, jobs take on a much more
significance becoming the basis for
success. Jobs need to be created not
jeopardized.
Our goal and our shared
responsibility must be to pass on
the same opportunity for growth and
prosperity to the next generation
our generation received.
Arizona's economic efforts
lagging
The 17-month-old recession may have
jump started economic development
efforts across the country; however,
Arizona appears to be in slow
motion.
From Ohio to New Mexico, states have
been shocked into realizing their
tax structures are not bringing in
enough revenue to cover expenses,
their economies aren't diversified
enough and it's time to look for
industries that can help them
weather future downturns, say
national economic development
experts.
Competition is intense: There are
about 12,000 economic development
organizations in the country chasing
about 1,200 projects, especially in
the solar and renewable energy
fields, said Angelos Angelou, an
Austin economic development
consultant. States need to act fast,
he said.
Unfortunately, Arizona appears to be
back in the pack, said Angelou and
others who appeared at three Greater
Phoenix Economic Council "Convening
the Community" forums held since
early April.
"Arizona does not seem to be making
it on anyone's list," Angelou said.
"Other states are taking full armor
and tanks and battleships to target
economic development. Your state
seems to be shooting at targets with
a rifle and a shotgun."
The U.S. Bureau of Economic Analysis
determined in 2007, Arizona was the
state most dependent on retail
businesses for job creation and the
second most dependent on
construction jobs. Both of those
sectors were hurt by the recession,
leaving the state's tax revenues
hurting.
The Legislature had to close a
shortfall of at least $2 billion in
the current fiscal year and faces a
deficit of about $3 billion next
year. Schools and universities have
taken a big hit.
Angelou said Arizona has a good
chance of landing more solar
manufacturers as it's located next
to the country's largest solar
market, California, but with a
friendlier business climate.
"Every solar manufacturer looking
for a site between now and 2012 is
targeting California, not Arizona,"
he said.
Some content from Politico, Washington Post,
NY Times & the FBI.
|
|
|
|
|