http://www.nytimes.com/2009/05/18/us/18dna.html
May 18, 2009
Prosecutors Block Access to DNA Testing for Inmates
By SHAILA DEWAN
In an age of advanced forensic science, the first step toward ending Kenneth Reed’s prolonged series of legal appeals should be simple and quick: a DNA test, for which he has offered to pay, on evidence from the 1991 rape of which he was convicted.
Louisiana, where Mr. Reed is in prison, is one of 46 states that have passed laws to enable inmates like him to get such a test. But in many jurisdictions, prosecutors are using new arguments to get around the intent of those laws, particularly in cases with multiple defendants, when it is not clear how many DNA profiles will be found in a sample.
The laws were enacted after DNA evidence exonerated a first wave of prisoners in the early 1990s, when law enforcement authorities strongly resisted reopening old cases. Continued resistance by prosecutors is causing years of delay and, in some cases, eliminating the chance to try other suspects because the statute of limitations has passed by the time the test is granted.
Mr. Reed has been seeking a DNA test for three years, saying it will prove his innocence. But prosecutors have refused, saying he was identified by witnesses, making his identification by DNA unnecessary.
A recent analysis of 225 DNA exonerations by Brandon L. Garrett, a professor at the University of Virginia School of Law, found that prosecutors opposed DNA testing in almost one out of five cases. In many of the others, they initially opposed testing but ultimately agreed to it. In 98 of those 225 cases, the DNA test identified the real culprit.
In Illinois, prosecutors have opposed a DNA test for Johnnie Lee Savory, convicted of committing a double murder when he was 14, on the grounds that a jury was convinced of his guilt without DNA and that the 175 convicts already exonerated by DNA were “statistically insignificant.”
In the case of Robert Conway, a mentally incapacitated man convicted of stabbing a shopkeeper to death in 1986 in Pennsylvania, prosecutors have objected that DNA tests on evidence from the scene would not be enough to prove his innocence.
And in Tennessee, prosecutors withdrew their consent to DNA testing for Rudolph Powers, convicted of a 1980 rape, because the victim had an unidentified consensual sex partner shortly before the attack.
Such arguments, defense lawyers say, often ignore scientific advances like the ability to identify multiple DNA profiles in a single sample.
Defense lawyers also say the arguments ignore the proven power of DNA to refute almost every other type of evidence.
In a case before the Pennsylvania Supreme Court, for example, Lynne Abraham, the Philadelphia district attorney, argued that the defendant, Anthony Wright, was not entitled to DNA testing because of the overwhelming evidence presented at trial, including his confession, four witnesses and clothing stained with the victims’ blood that the police said was found at Mr. Wright’s home. The Pennsylvania DNA statute requires the courts to determine if there is a “reasonable possibility” that the test would prove innocence.
Prosecutors say they are concerned that convicts will seek DNA testing as a delay tactic or a fishing expedition, and that allowing DNA tests undermines hard-won jury verdicts and opens the floodgates to overwhelming requests.
“It’s definitely a matter of drawing the line somewhere,” said Peter Carr, the assistant district attorney who handled the case of Mr. Wright, who was accused of raping and killing a 77-year-old woman. The defendant did not request testing until 2005, three years after the statute was passed, Mr. Carr said, and in his view there was no possibility that the test would show innocence.
“There’s also the idea that you want finality for the victim’s sake,” Mr. Carr said. “If someone else’s semen was found at the crime scene, we’d have to talk to the victim’s family about whether the victim was sexually active.”
Barry Scheck, a co-founder of the Innocence Project, a New York legal advocacy group that uses DNA to help the wrongfully convicted, said that most prosecutors no longer resisted testing in cases like Mr. Wright’s, where there is one perpetrator. More obstacles arise, Mr. Scheck said, in cases with multiple defendants or cases where a test result might point to another suspect, even if it does not clearly prove the innocence of the defendant.
In one such case near Austin, Tex., a defendant who was convicted in the bludgeoning death of his wife requested a DNA test on a bloody bandanna found 100 feet from the house. On its own, a test of the bandanna would not prove the guilt or innocence of the defendant the same way testing semen in a rape case might. But if it matched DNA found at the scene of a similar crime in the same county, or DNA in a database of convicted felons, it would be significant evidence that someone else might be responsible — the kind of evidence that might plant a reasonable doubt in a juror’s mind or lead to a confession by a perpetrator.
Although such matches have been found in many cases, most state DNA statutes focus only on whether a test alone could prove innocence. The purpose of Tennessee’s DNA statute, a court there said, was “to establish the innocence of the petitioner and not to create conjecture or speculation that the act may have possibly been perpetrated by a phantom defendant.”
Law enforcement officials often say, “ ‘We’re not going to consider the possibility that a third party did it,’ ” Mr. Scheck said, adding, “which is completely crazy because you use the databank every day to make new criminal cases.”
In Mr. Reed’s case in East Baton Rouge Parish, the district attorney who first prosecuted the case and now his successor, Hillar C. Moore III, have appealed every DNA-related ruling in Mr. Reed’s favor and objected to even a hearing on the matter.
They have argued that Mr. Reed’s identity was not an issue in the trial because he was identified by the victim, even though DNA evidence has repeatedly contradicted eyewitness identifications. They have argued that there was no way of knowing whether the evidence would yield a usable DNA profile — a question that would be settled by testing it.
The victim testified that two attackers had sexual intercourse with her, but the prosecutors now argue that it might have been only one, Mr. Reed’s accomplice. Even if Mr. Reed’s DNA was nowhere to be found, said Prem Burns, the first assistant district attorney, he would still be guilty of aiding the rapist.
Mr. Reed’s lawyers have argued that a test on a rape kit and semen could prove his innocence if it shows two distinct profiles and neither is a match.
But Ms. Burns said that under her reading of the law, the mere possibility that the test would show two profiles is not enough — Mr. Reed has to demonstrate, in advance, that a favorable test result would resolve his innocence without question.
But the prosecutors also seem to believe that Mr. Reed’s arguments are far-fetched. “There are simply too many ‘ifs’ in this case,” Mr. Moore wrote in a recent appeal.
Prosecutors said much the same when Douglas Warney, convicted of murder in Rochester in 1997, argued that a DNA test could lead to the real killer. They called his assertion “a drawn-out kind of sequence of if, if, if.” Yet that is exactly what happened after Mr. Warney’s DNA test, and the killer, when he was identified, confessed.
Nina Morrison, a lawyer for Mr. Wright, said: “The one thing I’ve learned in doing this for seven years is there’s no reason to guess or speculate. You can just do the test.”
This article has been revised to reflect the following correction:
Correction: May 19, 2009 An article on Monday about resistance by prosecutors to agree to DNA tests for prison inmates misstated a point made by prosecutors in the case of Kenneth Reed, a Louisiana inmate who was convicted of rape and is seeking such a test. The prosecutors have argued that Mr. Reed’s identity is not at issue in the case because he was identified by the victim — not that he was identified by the defendant.
Thursday, May 21, 2009
Friday, May 8, 2009
The One Billion Dollar Man
http://www.fatherhood.org/downloadable_files/FatherAbsenceCost.pdf
Why should policymakers care about responsible fatherhood?
The federal government spends $100 billion every year to support father-absent homes.In June 2008, National Fatherhood Initiative released The One Hundred Billion Dollar Man, a ground-breaking study that showed that the federal government spends $100 billion each year supporting father-absent homes. And that's a conservative estimate - the study did not measure impact for related costs such as the criminal justice system, which is overwhelmed by men who grew up in father-absent homes.
The most challenging social problems of our time are connected to father absence.If you want to address poverty, child abuse, crime/recidivism, drug abuse, teen pregnancy, or education, then restoring fatherhood is an integral part of the solution. Father absence is not a single issue, and its social and economic consequences are felt across society.
Father absence has a direct impact on the well-being of millions of children. 25 million children, 1 out of 3, grow up in homes in which their biological fathers do not live. In the African-American community, the rate is 2 out of 3. These children are significantly more likely to live in poverty, drop out of school, engage in risky behaviors…all issues the government grapples with every day.
Why should policymakers care about responsible fatherhood?
The federal government spends $100 billion every year to support father-absent homes.In June 2008, National Fatherhood Initiative released The One Hundred Billion Dollar Man, a ground-breaking study that showed that the federal government spends $100 billion each year supporting father-absent homes. And that's a conservative estimate - the study did not measure impact for related costs such as the criminal justice system, which is overwhelmed by men who grew up in father-absent homes.
The most challenging social problems of our time are connected to father absence.If you want to address poverty, child abuse, crime/recidivism, drug abuse, teen pregnancy, or education, then restoring fatherhood is an integral part of the solution. Father absence is not a single issue, and its social and economic consequences are felt across society.
Father absence has a direct impact on the well-being of millions of children. 25 million children, 1 out of 3, grow up in homes in which their biological fathers do not live. In the African-American community, the rate is 2 out of 3. These children are significantly more likely to live in poverty, drop out of school, engage in risky behaviors…all issues the government grapples with every day.
Thursday, May 7, 2009
Monday, May 4, 2009
Thursday, April 30, 2009
‘No Child’ Law Is Not Closing a Racial Gap
http://www.nytimes.com/2009/04/29/education/29scores.html
‘No Child’ Law Is Not Closing a Racial Gap
By SAM DILLON
Published: April 28, 2009
The achievement gap between white and minority students has not narrowed in recent years, despite the focus of the No Child Left Behind law on improving the scores of blacks and Hispanics, according to results of a federal test considered to be the nation’s best measure of long-term trends in math and reading proficiency.
What We Learn From School Tests
Strategies for closing the academic achievement gap between white and minority students. Between 2004 and last year, scores for young minority students increased, but so did those of white students, leaving the achievement gap stubbornly wide, despite President George W. Bush’s frequent assertions that the No Child law was having a dramatic effect.
Although Black and Hispanic elementary, middle and high school students all scored much higher on the federal test than they did three decades ago, most of those gains were not made in recent years, but during the desegregation efforts of the 1970s and 1980s. That was well before the 2001 passage of the No Child law, the official description of which is “An Act to Close the Achievement Gap.”
“There’s not much indication that N.C.L.B. is causing the kind of change we were all hoping for,” said G. Gage Kingsbury, a testing expert who is a director at the Northwest Evaluation Association in Portland. “Trends after the law took effect mimic trends we were seeing before. But in terms of watershed change, that doesn’t seem to be happening.”
The results no doubt will stoke debate about how to rewrite the No Child law when the Obama administration brings it up for reauthorization later this year. Education Secretary Arne Duncan has said he would like to strengthen national academic standards, tighten requirements that high-quality teachers be distributed equally across schools in affluent and poor neighborhoods, and make other adjustments. “We still have a lot more work to do,” Mr. Duncan said of the latest scores. But the long-term assessment results could invigorate those who challenge the law’s accountability model itself.
Despite gains that both whites and minorities did make, the overall scores of the United States’ 17-year-old students, averaged across all groups, were the same as those of teenagers who took the test in the early 1970s. This was largely due to a shift in demographics; there are now far more lower-scoring minorities in relation to whites. In 1971, the proportion of white 17-year-olds who took the reading test was 87 percent, while minorities were 12 percent. Last year, whites had declined to 59 percent while minorities had increased to 40 percent.
The scores of 9- and 13-year-old students, however, were up modestly in reading, and were considerably higher in math, since 2004, the last time the test was administered. And they were quite a bit higher than those of students of the same age a generation back. Still, the progress of younger students tapered off as they got older.
Some experts said the results proved that the No Child law had failed to make serious headway in lifting academic achievement. “We’re lifting the basic skills of young kids,” said Bruce Fuller, an education professor at the University of California, Berkeley, “but this policy is not lifting 21st-century skills for the new economy.”
But Margaret Spellings, Mr. Duncan’s predecessor under President Bush, called the results a vindication of the No Child law.
“It’s not an accident that we’re seeing the most improvement where N.C.L.B. has focused most vigorously,” Ms. Spellings said. “The law focuses on math and reading in grades three through eight — it’s not about high schools. So these results are affirming of our accountability-type approach.”
Whether anyone knows how to extend the results achieved with younger students through the turbulent high school years remains an open question.
The math and reading test, known as the National Assessment of Educational Progress, Long-Term Trends, was given to a nationally representative sample of 26,000 students last year. It was the 12th time since 1971 that the Department of Education administered a comparable test to students ages 9, 13 and 17. The scores, released on Tuesday in Washington, allow for comparisons of student achievement every few years back to the Vietnam and Watergate years.
The results point to the long-term crisis in many of the nation’s high schools, and could lead to proposals for more federal attention to them in the rewrite of the No Child law, which requires states to administer annual tests in grades three to eight, but only once in high school.
The 2008 score gap between black and white 17-year-olds, 29 points in reading and 26 points in math, could be envisioned as the rough equivalent of between two and three school years’ worth of learning, said Peggy Carr, an associate commissioner for assessment at the Department of Education.
Freeman A. Hrabowski III, the president of the University of Maryland, Baltimore County, who has written about raising successful black children, said the persistence of the achievement gap should lead policymakers to seek new ways to increase low-performing students’ learning time.
“Where we see the gap narrowing, that’s because there’s been an emphasis on supplemental education, on after-school programs that encourage students to read more and do more math problems,” Dr. Hrabowski said. “Where there are programs that encourage that additional work, students of color do the work and their performance improves and the gap narrows.”
But he said that educators and parents pushing children to higher achievement often find themselves swimming against a tide of popular culture.
“Even middle-class students are unfortunately influenced by the culture that says it’s simply not cool for students to be smart,” he said. “And that is a factor here in these math and reading scores.”
Michael Casserly, executive director of the Council of the Great City Schools, which represents more than 60 metropolitan school systems, said that much of the progress among the nation’s minority students has been the result of hard work by urban educators, not only since the No Child law took effect but for decades before.
“N.C.L.B. did not invent the concept of the achievement gap — much of the desegregation work in the ’70s and ’80s was in fact about giving poor, Hispanic and African-American kids access to better resources and curriculum,” Mr. Casserly said. “You do see from these results that in that period, the gains were steeper. It wasn’t being called an achievement gap, but that was what that was about.”
A version of this article appeared in print on April 29, 2009, on page A1 of the NY Times
‘No Child’ Law Is Not Closing a Racial Gap
By SAM DILLON
Published: April 28, 2009
The achievement gap between white and minority students has not narrowed in recent years, despite the focus of the No Child Left Behind law on improving the scores of blacks and Hispanics, according to results of a federal test considered to be the nation’s best measure of long-term trends in math and reading proficiency.
What We Learn From School Tests
Strategies for closing the academic achievement gap between white and minority students. Between 2004 and last year, scores for young minority students increased, but so did those of white students, leaving the achievement gap stubbornly wide, despite President George W. Bush’s frequent assertions that the No Child law was having a dramatic effect.
Although Black and Hispanic elementary, middle and high school students all scored much higher on the federal test than they did three decades ago, most of those gains were not made in recent years, but during the desegregation efforts of the 1970s and 1980s. That was well before the 2001 passage of the No Child law, the official description of which is “An Act to Close the Achievement Gap.”
“There’s not much indication that N.C.L.B. is causing the kind of change we were all hoping for,” said G. Gage Kingsbury, a testing expert who is a director at the Northwest Evaluation Association in Portland. “Trends after the law took effect mimic trends we were seeing before. But in terms of watershed change, that doesn’t seem to be happening.”
The results no doubt will stoke debate about how to rewrite the No Child law when the Obama administration brings it up for reauthorization later this year. Education Secretary Arne Duncan has said he would like to strengthen national academic standards, tighten requirements that high-quality teachers be distributed equally across schools in affluent and poor neighborhoods, and make other adjustments. “We still have a lot more work to do,” Mr. Duncan said of the latest scores. But the long-term assessment results could invigorate those who challenge the law’s accountability model itself.
Despite gains that both whites and minorities did make, the overall scores of the United States’ 17-year-old students, averaged across all groups, were the same as those of teenagers who took the test in the early 1970s. This was largely due to a shift in demographics; there are now far more lower-scoring minorities in relation to whites. In 1971, the proportion of white 17-year-olds who took the reading test was 87 percent, while minorities were 12 percent. Last year, whites had declined to 59 percent while minorities had increased to 40 percent.
The scores of 9- and 13-year-old students, however, were up modestly in reading, and were considerably higher in math, since 2004, the last time the test was administered. And they were quite a bit higher than those of students of the same age a generation back. Still, the progress of younger students tapered off as they got older.
Some experts said the results proved that the No Child law had failed to make serious headway in lifting academic achievement. “We’re lifting the basic skills of young kids,” said Bruce Fuller, an education professor at the University of California, Berkeley, “but this policy is not lifting 21st-century skills for the new economy.”
But Margaret Spellings, Mr. Duncan’s predecessor under President Bush, called the results a vindication of the No Child law.
“It’s not an accident that we’re seeing the most improvement where N.C.L.B. has focused most vigorously,” Ms. Spellings said. “The law focuses on math and reading in grades three through eight — it’s not about high schools. So these results are affirming of our accountability-type approach.”
Whether anyone knows how to extend the results achieved with younger students through the turbulent high school years remains an open question.
The math and reading test, known as the National Assessment of Educational Progress, Long-Term Trends, was given to a nationally representative sample of 26,000 students last year. It was the 12th time since 1971 that the Department of Education administered a comparable test to students ages 9, 13 and 17. The scores, released on Tuesday in Washington, allow for comparisons of student achievement every few years back to the Vietnam and Watergate years.
The results point to the long-term crisis in many of the nation’s high schools, and could lead to proposals for more federal attention to them in the rewrite of the No Child law, which requires states to administer annual tests in grades three to eight, but only once in high school.
The 2008 score gap between black and white 17-year-olds, 29 points in reading and 26 points in math, could be envisioned as the rough equivalent of between two and three school years’ worth of learning, said Peggy Carr, an associate commissioner for assessment at the Department of Education.
Freeman A. Hrabowski III, the president of the University of Maryland, Baltimore County, who has written about raising successful black children, said the persistence of the achievement gap should lead policymakers to seek new ways to increase low-performing students’ learning time.
“Where we see the gap narrowing, that’s because there’s been an emphasis on supplemental education, on after-school programs that encourage students to read more and do more math problems,” Dr. Hrabowski said. “Where there are programs that encourage that additional work, students of color do the work and their performance improves and the gap narrows.”
But he said that educators and parents pushing children to higher achievement often find themselves swimming against a tide of popular culture.
“Even middle-class students are unfortunately influenced by the culture that says it’s simply not cool for students to be smart,” he said. “And that is a factor here in these math and reading scores.”
Michael Casserly, executive director of the Council of the Great City Schools, which represents more than 60 metropolitan school systems, said that much of the progress among the nation’s minority students has been the result of hard work by urban educators, not only since the No Child law took effect but for decades before.
“N.C.L.B. did not invent the concept of the achievement gap — much of the desegregation work in the ’70s and ’80s was in fact about giving poor, Hispanic and African-American kids access to better resources and curriculum,” Mr. Casserly said. “You do see from these results that in that period, the gains were steeper. It wasn’t being called an achievement gap, but that was what that was about.”
A version of this article appeared in print on April 29, 2009, on page A1 of the NY Times
Wednesday, April 29, 2009
A racial achievement gap exists between Black and Latino students
http://www.mckinsey.com/clientservice/socialsector/detailed_achievement_gap_findings.pdf
A racial achievement gap exists where the average black or Latino student is roughly 2-3 years of
learning behind the average white student
– A racial gap exists today regardless of how it is measured, including both achievement (e.g., test score)
and attainment (e.g., graduation rate) measures
– Averaging math and reading across fourth and eighth grade, 48% of blacks and 43% of Latino students are
"below basic," while only 17% of whites are; this gap exists in every state
– An even larger racial achievement gap exists in urban school districts, with only 3 of 11 districts having a
black-white gap smaller than the national average
Relative to other countries, black and Latino eighth-graders in the United States perform at the level of
transitioning countries in math and science; this trend is amplified as students get older
– In eighth-grade math, Latino students performed at the level of Malaysia and blacks perform at the level of
Bosnia and Herzegovina
– For 15-year-olds in science, US Latino students are at the level of Chile and Serbia and US black students
score on par with Mexico and Indonesia
This racial achievement gap grows in magnitude as a child nears entry to the workforce from grade 4
to grade 12
– Between fourth and twelfth grade, the gap grows 41% for Latino students and 22% for black students
The racial achievement gap is not correlated with overall state performance (i.e., better states do not
have smaller gaps)
– Even in states with the highest overall test scores, the racial achievement gap is very large (e.g.,
Massachusetts has among the highest overall NAEP scores, but black and Latino students are 8x more
likely to be “below“ basic in fourth-grade math than whites)
– And these regional and state variations in the achievement gap cannot be explained by the proportion of
black and Latino students in the educational system
A racial achievement gap exists where the average black or Latino student is roughly 2-3 years of
learning behind the average white student
– A racial gap exists today regardless of how it is measured, including both achievement (e.g., test score)
and attainment (e.g., graduation rate) measures
– Averaging math and reading across fourth and eighth grade, 48% of blacks and 43% of Latino students are
"below basic," while only 17% of whites are; this gap exists in every state
– An even larger racial achievement gap exists in urban school districts, with only 3 of 11 districts having a
black-white gap smaller than the national average
Relative to other countries, black and Latino eighth-graders in the United States perform at the level of
transitioning countries in math and science; this trend is amplified as students get older
– In eighth-grade math, Latino students performed at the level of Malaysia and blacks perform at the level of
Bosnia and Herzegovina
– For 15-year-olds in science, US Latino students are at the level of Chile and Serbia and US black students
score on par with Mexico and Indonesia
This racial achievement gap grows in magnitude as a child nears entry to the workforce from grade 4
to grade 12
– Between fourth and twelfth grade, the gap grows 41% for Latino students and 22% for black students
The racial achievement gap is not correlated with overall state performance (i.e., better states do not
have smaller gaps)
– Even in states with the highest overall test scores, the racial achievement gap is very large (e.g.,
Massachusetts has among the highest overall NAEP scores, but black and Latino students are 8x more
likely to be “below“ basic in fourth-grade math than whites)
– And these regional and state variations in the achievement gap cannot be explained by the proportion of
black and Latino students in the educational system
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