Pubdate: Fri, 18 Apr 2003
Source: Charleston Gazette (WV)
Copyright: 2003 Charleston Gazette
Contact:  http://www.wvgazette.com/
Details: http://www.mapinc.org/media/77
Author: Greg Stone

OFFENDERS, KEEP OUT

Jones Would Use Civil Injunctions To Clean Up Streets

To this point, mayoral candidates Danny Jones and Chris Smith have played 
it fairly straight in their respective pitches to Charleston voters.

Both talk of improving basic services, such as garbage pickup. Each touts 
his experience. Jones' ads are on television now, with Smith surely to follow.

The Republican Jones has thrown a bit of a curve into the mix, however, 
with his proposal that the city bar habitual criminal offenders from 
certain areas of the city, through the use of civil injunctions.

A civil injunction is a lawsuit - not a criminal charge - pressed against 
those charged with crimes such as prostitution, drug sales, graffiti 
painting and gang activity.

City attorneys would take confidential depositions from police officers or 
residents, then file either a lawsuit or ask for a temporary restraining 
order from a judge. That order would bar the person from entering the area 
until resolution of the lawsuit.

The attorney may immediately file a lawsuit, leading to either a civil 
trial or a default judgment if the defendant does not show for a hearing.

A default judgment, or the city winning the lawsuit through trial, would 
effectively bar the defendant from entering those areas of the city.

The city would win the lawsuit if it could prove by a preponderance of 
evidence that the defendant committed the offense. Criminal charges require 
more proof.

If the city wins the lawsuit and the defendant defies the order, he could 
be subject to fines or jail time.

The same measure has been used in San Diego, San Antonio and West Chicago, 
Ill., with some measure of success. Gang violence has been the focus in 
those places.

"This is a tool," Jones says. "It's not the end-all. I'm obviously thinking 
outside the box, but why not try different things?"

In Charleston, drug sales and prostitution are concerns in some sections of 
the West Side and East End. Graffiti artists, meanwhile, have experienced a 
creative flourish in the last 18 months or so, plastering graffiti in 
several areas.

Civil injunctions used to combat criminal activity would save the city from 
hiring a court-appointed defense attorney, Jones says on his Web site. 
Defendants would supply their own lawyers.

Some defense attorneys disagree with criminal charges being treated as 
civil matters. Other civil liberty concerns remain, says Jason Huber, a 
Charleston lawyer who often represents liberal causes.

At first glance, Huber says, Jones' intentions appear good.

"The concern is that you have to carefully desire to use creative measures 
against an individual's constitutional, fundamental right to associate with 
other people," Huber said.

Innocent people might be mistakenly hauled into court for simply 
associating with those identified in the injunction, said Huber, who added 
that the defendant eventually deserves the right to know the source of the 
evidence against him, whether the proceeding is civil or criminal.

Charleston Police Chief Jerry Pauley said he is fairly unfamiliar with 
civil injunctions but Mayor Jay Goldman, a former city judge, used 
something similar during his 24-year tenure.

Goldman, Pauley said, sometimes suspended a sentence and granted probation 
if that person agreed to stay out of the area. It usually worked, Pauley 
said, at least during the time prescribed.

"It's just something we'd have to take a look at," Pauley said of the 
injunction idea.

Jones said he would advocate judicious use of the process.

"It should not be used against one person on a street corner but mainly 
against rampant criminal activity that goes on in a neighborhood," he said.

Smith, responding by e-mail, said his research indicates that injunctions 
are a moderate crime deterrent and most effective at reducing assaults.

"In my opinion," Smith wrote, "civil injunctions would not be nearly as 
effective in Charleston as bicycle patrols and foot patrols, especially if 
these patrols are conducted throughout the year. The use of high-intensity 
lighting would also be effective."

Jones said he had no problem with bike and foot patrols.

"It's not an either/or."
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