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From Los Angeles Times

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The 'West Memphis Three' and combating cognitive biases

The case shows we see what we expect to see. That can mean innocent people go to jail while criminals remain free.

by Jennifer L. Mnookin

August 23, 2011

Last week, the "West Memphis Three" were released from prison, having spent half their lives — 18 years — behind bars for crimes they almost certainly didn't commit. So what made prosecutors and investigators sure they had the right guys, and why were those beliefs, once established, so hard to reverse?

The crimes for which the three Memphis men were convicted were brutal. Three 8-year-old Cub Scouts were found dead, hogtied and apparently mutilated. The police decided early on that it was likely the boys had been victims of a satanic cult killing, which led them to consider self-described Wiccan teen Damien Echols, a young man with asymmetric black hair, a pale face and oddball taste in clothes and music. They hauled in an acquaintance of his, a minor named Jessie Misskelley, who had an IQ of 72, and interviewed him for hours without his parents or an attorney present. Finally, he confessed, implicating Echols and another friend, Jason Baldwin.

The confession confirmed what police expected to hear — that Echols was involved — which may be why they accepted it at face value. But Misskelley's account contradicted the evidence in multiple ways. The time he initially gave for the murders was noon, an hour for which the other teens had an ironclad alibi (they were in school); he said that the other suspects raped the boys, but the medical evidence showed no physical trauma consistent with rape and no semen was found in any body cavity; he said the boys were tied up with a brown rope, when they were actually found tied with their own shoestrings.

An overarching problem, which this case illustrates perfectly, is that humans have a tendency to see what they expect to see. Much psychological research shows that people are subject to an array of "cognitive biases" that affect their evaluation of evidence, and prosecutors and sworn officers are by no means immune to the phenomenon.

Investigators and prosecutors, even when they are trying their best to do their jobs, may seek out or take special notice of evidence that confirms their prior beliefs rather than evidence that challenges it. And they are likely to interpret ambiguous evidence in ways that accord with their preconceptions.

Misskelley promptly recanted his confession. But prosecutors nonetheless pressed the case, and he and the others were ultimately convicted. The prosecutor's case was based largely on character assassination, innuendo and the not-very-credible testimony of the likes of a jailhouse snitch and a witness with a mail-order doctorate. Not a shred of physical evidence linked any of the young men to the crime scene (and post-conviction DNA testing has also failed to find any biological evidence that they were there). Echols received the death penalty, the others life sentences.

That's how things might have ended if two documentary filmmakers hadn't ventured to Arkansas to make a film about the case. Initially they thought they would be examining a sensational satanic cult killing. But the more research they did, the more they began to doubt that it was a cult killing and that the men who were convicted were the perpetrators. Their film suggested the defendants had been railroaded, and it led to widespread publicity and higher-powered legal representation.

But nothing happened quickly. The film came out almost 15 years ago. Even now, to win freedom, the three men agreed to Alford pleas, whereby they proclaimed their innocence but formally pleaded guilty nonetheless.

The case demonstrates the need for criminal justice and evidentiary reforms that would make wrongful convictions less common on the front end. Although releasing some fraction of those wrongfully convicted afterward is all to the good, it would be even better if there were fewer of them in the first place.

So what produces wrongful convictions? At least three of the often-seen causes were present here: dubious forensic science evidence, false confessions and evidence from unreliable jailhouse informants who often have a strong incentive to tell law enforcers what they want to hear.

Cognitive bias helps explain why prosecutors can focus on a suspect (or three) and fail to see the warning signs that they are headed down the wrong path. Cognitive bias is not the same thing as racial bias or personal animus. It's the habit of our brains to let the first fact we encounter guide our evaluation of the second and the third. One false start can lead to a miscarriage of justice more quickly than any of us would like to believe.

In this case, once the cops saw Echols as something of a freak, an odd duck who read about witchcraft, liked Metallica and didn't exactly fit in, the jump from weirdo to likely satanic cult killer was easier than it should have been. Facts that didn't really prove anything were lumped together with suspicions and dubious theories.

We can't eliminate cognitive biases altogether; they're part of how we think. But we can design procedures to reduce their effects on investigators, prosecutors and even jurors. Police departments and prosecutors can and should implement mechanisms explicitly designed to combat it. For example, in every major case, an investigator or prosecutor with no prior involvement could be asked to review the evidence and assess its strengths and weaknesses. Even better would be if this reviewer weren't expected to provide a "neutral" review but instead were assigned the role of devil's advocate, explicitly asked to find the flaws in the prosecutors' theory. In this case, the filmmakers played an equivalent role, but most defendants aren't so lucky.

If this high-profile release helps spur thoughtful attention to the problems of combating cognitive bias in police departments and prosecutors' offices, then some good could still come out of a terrible wrong. Bad convictions harm everyone. Not only do they put innocent people behind bars; they also leave actual criminals — in this case a child murderer — on the streets.

Jennifer L. Mnookin is a professor at UCLA Law School.

Obama's promising move on immigration

He's outlined a sensible plan that offers at least temporary relief for deserving students, veterans, the elderly, crime victims and those with family — including same-sex partners — in the United States.

August 22, 2011

When the Obama administration last week announced its intention to review the cases of 300,000 immigrants ensnared in the nation's deportation process, as well as to institute new guidelines going forward — with the goal of distinguishing between those who pose threats to public safety from those who are merely in the country illegally — reaction reverberated along well-worn lines. Enforcement hawks denounced the move as amnesty; immigration doves responded warily, worried that it would substitute for more comprehensive efforts to fix the nation's broken immigration system.

Both sides have reason for concern. Nevertheless, failing to please the extremes in this debate is hardly proof of failure. In fact, this is a sensible plan that offers at least temporary relief for deserving students, veterans, the elderly, crime victims and those with family — including same-sex partners — in the United States. It should not substitute for broader reform, but it will relieve some needless suffering until such a measure passes, as it must.

Among those who will receive the benefits of the administration's action are so-called DREAM Act students, young men and women in the country because their parents brought them here as children and who now are enrolled in American colleges and universities. To deport these students after investing in their education is neither smart nor compassionate; Obama's policy will effectively allow them to stay, at least for a time, by acknowledging the obvious fact that they are more desirable than immigrants who have committed crimes while in the United States. Illegal immigrants who have served in the U.S. military would receive the same protection.

There are other benefits as well. Backlogged immigration courts can clear some of their dockets and give more attention to serious criminals, those whom this country is most eager to be rid of. And they can tend to the details of those who fear persecution in their home countries and thus may be deserving of special protection here.

Those who see this as amnesty misconstrue the president's immigration record to date. The Obama administration has spent more money and assigned more boots to patrol the border with Mexico than any previous administration. It has deported nearly 1 million people. This is not an administration that is soft on illegal immigration.

But there's a difference between being strict about the nation's borders and dumb about the oversight of those who already are in the country, obeying its laws, working and paying taxes. Recognizing that it's impossible to expel every person who is here illegally, this policy directs the nation's deportation efforts away from those who are contributing to society and toward those who are degrading it.

Last week's announcement should be the beginning of a debate, not the end of one. The lasting fix, as all reasonable participants in this conversation acknowledge, would be for Congress to pass legislation that secures American borders while providing a route for those here illegally to seek citizenship. President George W. Bush gamely pursued that course with the aid of such ideologically diverse but practical members of Congress as Sens. Edward M. Kennedy and John McCain (back when Kennedy was still alive and McCain was still practical). With this important action behind him, it is now Obama's turn to, of all things, follow Bush's lead and deliver where his predecessor fell short.

http://www.latimes.com/news/opinion/opinionla/la-ed-immigration-20110822,0,447501,print.story

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LAPD investigates hate crime at San Fernando Valley synagogue

August 22, 2011

Los Angeles police are investigating a hate crime at a West Hills synagogue where suspects spray-painted two swastikas and "Go Home" on the congregation's property, officials said Monday.

The graffiti, which also included the numbers "666" within the swastikas, was discovered about 6:30 a.m. Monday spray painted on the corner of temporary offices at the Temple Judea satellite campus in the 6600 block of Valley Circle Boulevard, according to LAPD officials.

There was no immediate description of a suspect or suspects, police said. The incident is being investigated at a hate crime.

"Obviously, it's upsetting, but we don't feel like we are in any danger," said Ellen Franklin, executive director of Temple Judea, which has its main campus in Tarzana. "We are thankful for the immediate response by the LAPD and their investigation."

Anyone with information is asked to call Topanga Division detectives at (818) 756-4820. During non-business hours, call (877) LAPD-24-7.

Anyone wishing to remain anonymous may call Crimestoppers at (800) 222-TIPS (800-222-8477) or text 274637 (C-R-I-M-E-S on most keypads) via cellphone.

All text messages should begin with the letters “LAPD.” Tipsters may also go to LAPDOnline.org, click on "webtips" and follow the prompts.

http://latimesblogs.latimes.com/lanow/2011/08/lapd-investigates-hate-crime-at-west-valley-synagogue.html

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from Google News

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Scotland

MoD 'old style policing' cuts crime in Helensburgh

Anti-social behaviour and youth disorder in a large housing estate have been cut by 80%, after a community policing programme was introduced.

The Churchill estate in Helensburgh houses Ministry of Defence workers from the nearby Faslane naval base.

It has been blighted in the past by high rates of petty crime.

Now the MoD police claim a community programme based on "old fashioned policing" has helped reduce trouble and cut crime rates.

The estate is one of a number of sites in the UK with houses built for MoD workers, and is home to about 1,000 military and civilian families.

Three years ago the MoD police dedicated two community police officers to the area to tackle problems including youths drinking in the streets, vandalism and petty crime.

Working alongside Strathclyde Police, they run activities such as a local youth club, a monthly disco and events at a golf club.

"It's a massively successful programme. It beat all our expectations”

If youngsters step out of line their perks are withdrawn.

Ch Insp Jim Gillen, a senior officer involved in the scheme, said one of the first priorities was to install a sense of ownership for the people who lived in the estate.

"It came back to a lack of ownership in the estate because of the type of families we're dealing with, service families who tend to be in one place for two or three years at a time and then move on," he said.

"The neighbouring estates also viewed it as an MoD estate and the facilities in there became a target for juvenile disorder from other places."

The MoD police said the scheme had reduced anti-social behaviour and youth disorder by 80% and had brought the cost of vandalism on the estate down by £58,000 a year.

He added: "It's a massively successful programme. It beat all our expectations."

However, concerns have been raised that similar projects will fall victim to the cuts likely to be faced by MoD Police as part of the UK government's Strategic Defence and Security Review.

Eamon Keating, national chairman of the Defence Police Federation, the association which represent MoD police officers, said that while the Helensburgh initiative looks safe for now, other UK projects are under threat.

He said: "Currently we've got 70 dedicated defence community police officers located at over 50 locations in the UK.

"They're looking at reducing around 50% of those."

A spokesman for the MoD said: "The MoD attaches very high importance to safeguarding its people and their families.

"The MoD will continue to maintain effective and proportionate levels of security at all its sites."

http://www.bbc.co.uk/news/uk-scotland-glasgow-west-14616464

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From the Department of Homeland Security

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Always Remember. Never Forget.

A decade has now passed since the tragic attacks of 9/11, when terrorists exploited our nation's aviation system to kill nearly 3,000 innocent men, women, and children, including citizens of more than 90 countries.

Now, ten years after the worst terrorist attacks ever on American soil, America is stronger and more resilient than ever before. But threats from terrorism persist and challengers remain.

Over the past decade, we have made great strides to secure our nation against a large attack or disaster, to protect our critical infrastructure and cyber networks, and to engage a broader range of Americans in the shared responsibility for security.

Together with our many partners across the federal government, the public and private sectors, and in communities across the country and around the world, DHS has worked to build and strengthen a homeland security enterprise that mitigates and defends against dynamic threats, minimizes risks, and maximizes our ability to respond to – and recover from – attacks and disasters of all kinds.

Together, these efforts have provided a strong foundation to protect communities from terrorism and other threats, while safeguarding the fundamental rights of all Americans.

DHS recognizes and thanks the many men and women who work on the frontlines everyday protecting America at home and abroad–from the law enforcement officers to emergency management professionals to all of our partners. While defending against this evolving threat is the founding mission of DHS, no federal agency – or any part of government – can, by itself, deliver security. Perhaps more than at any point in our nation's history, we share in this responsibility. Homeland security begins with hometown security, and we all have a role to play.

http://www.dhs.gov/files/9-11-ten-years.shtm

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TSA 10 Years After 9/11

• In-Flight Security – Hardened cockpit doors, Federal Flight Deck Officers, the Crew Member Self Defense Training Program and an expanded Federal Air Marshal Service, better protect the flight deck against an act of criminal violence or air piracy.
  
  
• 100% Screening – Through Secure Flight, 100% of passengers flying to, from, and within the U.S. are prescreened against government watchlists. TSA screens 100 percent of checked baggage for dangerous items including explosives, and 100% of all air cargo transported on passenger aircraft that depart U.S. airports is screened.
  
  
• Professionalized Workforce – The Transportation Security Officers (TSO) working at 450 airports today are hired through a rigorous vetting process and extensive training that did not exist for the contract personnel who worked the security checkpoints on 9/11. TSOs have an average of 3.5 years of experience on the job, compared with the average of 3 months of experience for screeners prior to 9/11. Prior to 9/11, turnover in the industry was over 125 percent – today, TSA's turnover rate is 6.4 percent.
  
  
• New Technology – Today through Advanced Imaging Technology and Automated Target Recognition, we can detect metallic and nonmetallic threats including weapons and explosives concealed under layers of clothing on passengers without physical contact. And, using Advanced Technology X-ray, Bottled Liquid Scanners and Explosives Trace Detection (ETD) Technology, we can more efficiently and effectively screen luggage and belongings for potential threats.
  
  
• Information Sharing and Detection – Through Secure Flight, Travel Document Checking and collaboration with our international partners, we can identify passengers who pose a risk to security, verify someone is who they say there are, and better protect the entire global aviation system.

http://blog.dhs.gov/2011/08/tsa-10-years-after-911.html

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From the FBI

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Two Somali Pirates Sentenced to Life in Prison for Attack that Resulted in Murder of Four U.S. Citizens

U.S. Attorney's Office

August 22, 2011

Eastern District of Virginia

NORFOLK, VA—Ali Abdi Mohamed, a/k/a Basher, 30, and Burhan Abdirahman Yusuf, a/k/a Burhan or Famah, 31, both of Somalia, were sentenced today in Norfolk federal court to life in prison for their roles in the pirate attack against the S/V Quest, which resulted in the murder of four United States citizens.

Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia; Janice K. Fedarcyk, Assistant Director in Charge of the FBI's New York Field Office; Alex J. Turner, Special Agent in Charge of the FBI's Norfolk Field Office; and Mark Russ, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) in Norfolk, made the announcement after sentencing by United States District Judge Mark S. Davis.

“Piracy is a scourge that threatens nations, commerce, and individual lives,” said U.S. Attorney MacBride. “This is the first case where American lives have been lost due to Somali piracy, and as Somali pirates expand their territory, the risk of violence and harm to others continues to grow. Today's sentences send a message to all those who participate in piracy that armed attacks on the high seas carry lifelong consequences.”

“The pirates' vain attempt to obtain ransom, after nine days at sea, ended in the death of four Americans. Today's life sentences will be heard throughout the pirate community—and should send a clear message—that the days of unbridled armed robbery and extortion at sea are over. The only plunder these pirates earned is life behind bars,” said Assistant Director in Charge Janice K. Fedarcyk.

Mohamed and Yusuf pled guilty to piracy, which carries a mandatory life sentence. Nine co-conspirators have also pled guilty and will be sentenced in the coming weeks. Three men—Ahmed Muse Salad, a/k/a “Afmagalo,” 25; Abukar Osman Beyle, 20; and Shani Nurani Shiekh Abrar, 29—have been charged in a 26-count superseding indictment with the kidnapping, hostage-taking and murder of the four U.S. citizens onboard the Quest; 22 of the 26 counts are death-eligible offenses.

Court documents associated with the guilty pleas to date indicate that Mohamed and Yusuf were among 19 Somalis who willingly conspired to sail the high seas in search of a vessel to pirate and hold for ransom. The men anticipated receiving a percentage of whatever ransom they received, after paying approximately 35 percent to the operation's financier.

After several days at sea, court documents state that the conspirators were approximately 900 miles from Somalia and running low on fuel when they saw what they knew was an American vessel, the S/V Quest, and they decided to take it. The four hostages were held inside the steering house, being guarded by men holding firearms.

According to court documents, as the conspirators sailed back to Somalia, they were overtaken by U.S. warships. Two men—Mohamud Salad Ali, who was, at the time, the leader of the pirates, and Muhidin Salad Omar, the driver of the skiff—boarded the warship to talk with the military. The U.S. military told the men that they do not pay ransoms, but that if the hostages were released the military would allow the pirates to take the Quest back with them to Somalia. The conspirators, court documents state, did not want to release the hostages because they believed they would get little money for the boat itself.

While the military attempted to secure the release of the hostages, Ibrahim, who is deceased but was in charge after Mohamud Salad Ali left the Quest, told the military that they were not going to stop and others on board the Quest began discussing massacring the hostages to get the U.S. boats to retreat. Ibrahim ordered Ali Abdi Mohamed to fire an RPG at the military warship as a warning shot. At this time, court documents state that men guarding the hostages began firing their weapons at the hostages, including three men in custody. Ali Abdi Mohamed and Ahmed Sala Ali Burale stated in court documents that once the shootings began, they and others rushed the shooters and attempted to immobilize them.

Soon after, U.S. military personnel boarded the Quest and took 15 individuals into custody, including a juvenile who has not been charged in this case. Four men were not taken into custody because they were deceased.

On Aug. 18, 2011, Mohammad Saaili Shibin, a/k/a “Khalif Ahmed Shibin,” a/k/a “Shibin,” 50, of Somalia, was charged in a superseding indictment for his alleged role as a ransom negotiator in the attack on the Quest and a similar role in a separate attack on the M/V Marida Marguerite, a German-owned vessel with a crew of 22 men who were held hostage off the coast of Somalia from May to December 2010. According to the indictment, Shibin spoke with the owners of the Marida Marguerite and successfully extracted a ransom payment for the vessel and its crew. The indictment states that Shibin received approximately $30,000 to $50,000 in U.S. currency as his share of the ransom payment.

The investigation of the case is being conducted by the FBI and the Naval Criminal Investigative Service.

The prosecution in the Eastern District of Virginia is being handled by Assistant U.S. Attorneys Benjamin L. Hatch, Joseph DePadilla and Brian J. Samuels, from the U.S. Attorney's Office, and Trial Attorney Paul Casey from the Department of Justice's National Security Division.

A copy of this press release may be found on the website of the United States Attorney's Office for the Eastern District of Virginia at http://www.justice.gov/usao/vae. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia at http://www.vaed.uscourts.gov or on https://pcl.uscourts.gov.

http://www.fbi.gov/norfolk/press-releases/2011/two-somali-pirates-sentenced-to-life-in-prison-for-attack-that-resulted-in-murder-of-four-u.s.-citizens

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