Showing posts with label juvenile crime. Show all posts
Showing posts with label juvenile crime. Show all posts

Wednesday, July 16, 2008

Being Smart About Life Better Than Being Street Smart

Society's view is that gangbangers perceive themselves to be icons of intelligence, current models of brilliance as they move at their speed of life.

In response to their endless testosterone-saturated braying and bragging, I occasionally told the hard-core gangbangers in my classroom at the Los Padrinos Juvenile Court School (Downey, CA): "All I hear you guys talk about is how smart, strong, fast, and sexy you are. But tell me, why did you get caught? Yeah, I heard laughter at somebody bragging about how the cop fell on the street, skinned his knee, and tried to run, half-crippled, before he quit and gave up the chase. But, somehow, despite that overweight, out-of-shape cop, you still got caught and now you're here." Needless to say, they had no answer. So, I continued with: "In poker, they say if, in the first 30 seconds of playing, you can't tell who the sucker is, then the sucker is you." More than a few squirmed uncomfortably and some even gave out with a hard, bitter, knowing and humorless laugh.

Truth, although there all along, is often "discovered" by gangbangers too late. Like when they're locked up, as was the situation with my hard-bitten, cynical, street-wise-but-life-stupid gangsters.

I am no longer at the Los Padrinos Juvenile Court School teaching hard-core gangbangers. I work full time for defense lawyers as an expert witness in gang cases being tried in court. Usually, the clause "in the company with" is what gets several of my gangbanger clients busted. Why? Being "in the company with" other known gangbangers is a proven threat to the community: Like savaging wolf packs, this "company" of gangbangers often marauds through neighborhoods, robbing, fighting, shooting, intimidating, and threatening ordinary, law-abiding persons. "In the company with" is a major plank in the platform of the City Attorney's Gang Injunction. Most of my clients argue that they were not doing anything with that other person, they were merely just being with him. Well, obviously, they are so stupid they don't realize that's exactly what they are specifically NOT supposed to be doing. D-u-u-u-h! The Gang Injunction does not say that it's okay to be with another known gangbanger so long as you are not engaged in a criminal act. Hello! The criminal act is being "in the company with" that other gangbanger. These gangbangers apparently are too stupid to obey the law, and yet they try to "re-write" (rationalize) the law by explaining they weren't doing a crime (yet).

Occasionally, I am told by clients that they didn't understand their Miranda Rights, even though the arresting officer advised them of these fundamental rights and read the Miranda script to them. Perhaps, in the excitement of getting arrested, they simply forgot the caveat: "You have the right to remain silent. Anything you say can and will be used against you in a court of law," and so forth. My suggestion to law enforcement would be to say the following, after reading an arrestee his/her Miranda Rights: "Did you understand what I just read to you? Now, tell me, in your own words, what the rights, that I have just read to you, mean." Listen to his own wording of and utterance about his Miranda Rights. Then, make the following minor change to the official form on which the arrestee is supposed to attest that he has had his Miranda Rights read to him: Add this language: "I acknowledge by my signature that I have repeated, in my own words, the rights that I have and therefore communicated my understanding about those rights." Thus, the gangbanger arrestee has killed two birds with one stone--or rather, fed two birds with one hand (we don't want to suggest violence, do we?): He has confirmed that the Miranda Rights were read to him by the arresting officer and, equally important, that he understood them. If and when he is arrested again (often the case), he will probably be read his Miranda Rights.

My advice to him would be to stop doing the crazy, illegal and barbaric acts that result in his getting arrested. Losing his Miranda Rights is a lot more tolerable, if he's free, legal and law-abiding, than if he's arrested and incarcerated. Miranda Rights do not hold a candle to being free. (Do you hear that, my classroomful of young gangbangers who argue over whether or not the arresting officer "read me my Miranda Rights"?) You ought to be debating over a multi-dimensional strategy you can execute to get a job, keep yourself gainfully employed, go to school and finish your G.E.D. requirements, help your family, and give back to the community. Decide to stop being a prisoner of your own achievements.

Manhood...or Madness?

Perhaps the dominant view among prosecutors is that gangbangers seem to run on 100-proof Testosterone. Prosecutors appear to think that they are literally intoxicated by their towering arrogance and ignorance. Shackled by their dinosaur-like brains, empty of both imagination and intelligence, they think anything unwanted, out of order, or just wrong can be addressed and resolved by yelling at it, cursing it, physically resisting it, fighting and battering it, or simply shooting it dead. Some of my gangbanger clients had thrown their Gang Injunction Violation citations on the sidewalk in anger and defiance when the police officer who had stopped them requested their signature on the citation as acknowledgment that he had cited and arrested them for violating one or more of the many prohibitions of the City of Los Angeles's criminal group suppression order named the "Gang Injunction."

My untimely advice to them was that they should have signed the police form and, more important, filled out its "Investigative Action/Statement" page that provided space to write their side of the story. Yes, I know. This advice is better given as a preventative to being arrested, not after the arrest has occurred. Some of my clients get arrested repeatedly; so the next time that happens, perhaps they will fill out the portion of the form that gives them almost three paragraphs-worth of space in which to tell their side of the story. Should they walk around with a pen or pencil just in case they are arrested? Well, that's better than walking around with a gun...right? "I didn't have a pencil to write with" is a poor excuse for not writing--versus telling and yelling--your innocent side of the story. You can ask the arresting officer for his pen and write your version of events to your Tupac Shakur's heart's content. Officers probably have a pen extended at the ready, in case the person detained needs it.

Why is it so important to fill out the portion of the Gang Injunction form wherein you can dispute the officer's version and declaim your own account of the goings-on that precipitated your arrest? First, because the opportunity to do so is given to you, by the arresting officer, as your legal right. Second, it is the written, not verbal, accounts that get heard and dealt with in a court of law. So, get your statement in writing; that way, the jury must hear it. The prosecutor (district attorney) arguing against you cannot suppress it. He or she has to bring up your side of the story in court. And you only have a "side" if you write it down. It does not exist otherwise. Arguing your non-involvement, yelling your innocence, braying like a mad bull, and cursing the police are not the behaviors of an innocent temporarily lost or a savior desperately seeking a phone booth in which to don his flying cape but merely the crazed antics of a human-meteor headed directly for the state pen.

In the end, where the drama is really played out (in court), the jury will merely see that act of anger and defiance as evidence of guilt. "If he is so innocent of the charges, why didn't he write out his version of events? They gave him almost half a page to tell his side," will be the driving opinion that supports a verdict of guilt. Certainly, an argument can be made (as it often is) that the arresting officer wasn't polite or courteous, or exhibited other behaviors that baited the anger of the arrested gangbanger and set him "off". Before we go there, though, let's go back to square one: The arrested gangbanger had already previously been served with a Gang Injunction; it is a court order set in motion by the City Attorney that prohibits the commission of certain illegal acts. These acts have been well-known and well-defined as imperiling the lives and limbs of individuals and shooting fear through and paralyzing entire communities. The arresting officer is not on the staff of Publisher's Clearinghouse; he or she is only required to cite and arrest the gangbanger, after ascertaining that he has broken one of the prohibitions of the Gang Injunction. The arresting officer's behavior is not required to be that of a person excitedly brandishing your winning million-dollar ticket or thrusting a congratulatory spray of robust roses in your face.

Because most gangbangers are desperately holding onto their idea of manhood and, in their distorted imaginings, think that force, violence and rudeness are the tools for surviving life, their refusal to sign the citation places them in a position of having the last word, whatever the Sam Hill that means. However, by not filling out the generous space for telling their side of the story is their way of not being "punked" or giving in to a system that they feel constantly torments and brutalizes them, and denies them fair trials in its courts. Said another way, they view their Neanderthal-like stance as being far preferable than explaining anything. Or, as they might say: "I ain't gonna ask nobody for nuthin'!" Telling their side of the story, in writing, is the equivalent of a weak person asking somebody in a dominant position for something. Oh, yes. They will complain, but they won't explain (in writing). Go figure. Again, it is important to note that the jury will see this omission as defiance and evidence of guilt. Totally lost on the jury will be counterpoints or hypotheticals about the police officer's demeanor at the time of the arrest, the manner in which he served the citation, and whether or not he proclaimed it a good day for baseball or fishing.

In this same vein, a good many of my clients are waiving their McLaughlin Rights. Very important. Very fundamental. Why? It is the "McLaughlin Probable Cause Hearing Rights" that afford an arrestee/detainee the right to have the circumstances of his arrest reviewed by a Judge or Magistrate of the Court to determine if there was probable cause for his arrest. It is this "Probable Cause Hearing" that may or may not benefit his case. But it is worth a try, especially for persons who harp about their innocence and enlist their families and friends to besiege the police department, district attorney, and city hall with torrents of claims about their innocence and the false grounds upon which they were arrested. If the gangbanger does not waive his McLaughlin Rights, but instead, takes advantage of them and states his desire for a Probable Cause Hearing, what can happen? Well, if the Magistrate determines that there was not probable cause for the arrest, the gangbanger will be released from custody immediately, as long as there are no other "holds" (legal restraints to detain) or warrants on the person. It must be noted that waiving one's rights to a "McLaughlin Probable Cause" hearing is not seen as evidence of guilt, nor does it affact the gangbanger's right to arraignment on the charges. Again, however, I would emphasize that if the gangbanger doubts there was probable cause for his arrest, he ought to go forward with the "Probable Cause Hearing." He should not let his arrogance, any feelings about weakness, or thoughts that he'd be asking the system for something barricade him against taking advantage of his legal rights.

What Incarcerated Juveniles Really Need to Know

The following is an impromptu lesson I devised after receiving repeated signs of intense and toxic boredom with the usual lesson plan for teaching the "Cornell Method of Note-Taking." Most of these young thugs could scarcely read--anything: their own names, street signs, instructions for assembling something. Why, then, would it follow that these dummies could learn to take notes? As a result of a class action lawsuit against the Los Angeles County Probation Department, brought by parents claiming their kids were locked up and deprived of equal educational access, some high-minded (or simply high) administrator ordered the "Cornell Method of Note-Taking" be part of a progressive-sounding curriculum called "Accelerate My Future." After working in a locked room in the Special Handling Unit (SHU) with boys whose mental states were so dangerous and risky that they were labelled Level One, Level Two, and so forth, I was given a classroom and told to teach the "Accelerate My Future" curriculum. This program was university-level stuff.

In addition to my becoming infuriated with the boorish behavior of my young charges, I was equally angry with the administration. The education director should have known that when you try to teach kids something for which they have no background, no prior exposure, no skill sets, and no interest to learn, they immediately become the teachers, showing off their bad behaviors and foul mouths in excess, until times get better. They let me know I would never get their attention with the institutional detritus I was serving them. As I began to write the words you see below, the classroom became quieter and quieter. When their whispered arguments became animated murmurs about the meanings of the words, I felt relief and elation. Not only did I have their attention; they were also ready to learn. And these words, part and parcel of their everyday lives, challenged and fascinated them more than any dry university-level material ever could. In spite of their street experience, gang lives, and police encounters, most did not know what ninety-percent of the words meant. I had found an equalizer, and I was determined to use it to my and their advantage.

Juvenile Crime Words to Know

Define the following Words and write two sentences for each word, showing its correct use.

Crime
Allegation
Sentence
Juvenile
Probation
Gang
District Attorney
Gang Enhancement Charge
Counts
Felony
Battery
Status Offense
Curfew
Incorrigible
Public Defender
Violation
Gang Injunction
Thug
Hoodlum
Unfit
Controlled Substance
S.T.E.P. Act
Three Strikes
Assault
Gang Injunction
Stalk
Lying in Wait
Commit
Special Handling Unit (SHU)
District Attorney Reject
McLaughlin Probable Cause Hearing Rights
Re-violate
Status Offense
Contraband
Hearing
Verdict
Conspiracy
Misdemeanor

Parents: Are Your Young Destroying You?

In the aftermath of the LAPD shootout with the AK47-armed gunman in Glassell Park who shot an unarmed man twelve times, as he was out strolling hand-in-hand with a two-year old toddler, and killed him, Tuesday (February 26) morning's television news showed a small parade of angry parents berating the Los Angeles Police Department for "not letting our kids use the bathroom," "telling our children to move along, this is an emergency," and "nobody gave our kids anything to drink."

The dead gunman was a member of the notorious Avenues gang. In his honor, his gang "homies" quickly erected a shrine, replete with colorful flowers and burning candles. They drank to his memory and mourned him as a "loyal, fallen soldier who represented the Avenues."

Angry parents, instead of repeatedly criticizing the Los Angeles Police Department for taking extraordinary measures to protect school children from a gang barbarian walking around shooting off a AK-47 semi-automatic military weapon, ought to storm the Avenues members' homes and gathering spots, in a moving blitz, and verbally denounce them for the fear, intimidation, and destruction they continuously cause the Glassell Park community. Then they ought to go to the Los Angeles Criminal Courts and testify on the witness stands against them to ensure their long "vacations" in state penitentiaries like San Quentin, Tehachapi, Corcoran, Folsom, Wasco, Tracy, and Pelican Bay.

Parents, it is NOT the honorable, courageous, and public-serving members of the Los Angeles Police Department at whom you should direct your anger. Can you not give the police any kind of credit for securing the elementary school, so horribly close to the gun battle, as a place of refuge and protection for your children? You should be forever angry at the primitive cowards and barbarians who, posing as "loyal soldiers," are the criminal street gang known as the Avenues. These death-wishing LOSERS control and dominate your neighborhoods, your lives and, worst of all, your MIND. And these unfit humans do all of this with YOUR permission.

My Resume

James E. Shaw, Ph.D.
Criminal and Civil Court-Certified Expert: Litigation Support and Trial Testimony
Gangs; School Safety; Youth Violence; Child Sexual Abuse Reporting Protocols
(310) 678-6950 (cell.); (310) 649-5118 (fax). Email: courtexpert@gmail.com. Website: http://expertincourt.blogspot.com. Commentator for NBC, ABC, CNN, and MSNBC, and author of the nationally-acclaimed book, Jack and Jill, Why They Kill (peer-reviewed by RAND Corporation), and the forthcoming book, GANGrene: Lost Souls Poisoning Homeland Security


Federal Appointment: Dr. Shaw is on the Faculty of the United States Courts Office of Defender Services Training Branch.

Dr. Shaw is a member of the Oversight Committee of Los Angeles Mayor Antonio R. Villaraigosa’s Office of Gang Reduction and Youth Development (GRYD).

Dr. Shaw is a 2009 Graduate of the Los Angeles Police Department Community Policing Academy.

Dr. Shaw is a member on the Panel of Experts of the Los Angeles Superior Court, Criminal Division, Foltz Criminal Justice Center.

Dr. Shaw holds the State of California License No. 030129796: Pupil Counseling, Grades K through 12.

Under Williams v. State of California, Dr. Shaw, as one of the California State Legislature-appointed Professional Team Leaders, went into public schools to ensure school administrator-compliance with the stipulations and terms (re school safety, teacher certification, and sufficient textbooks/curricular materials) of the massive and historic class action litigation affecting the CA’s 58 counties.

Dr. Shaw served as Director of Child Welfare for the Norwalk-La Mirada Unified School District, and as Prosecutor in the Norwalk Superior Court’s Truancy Court.

Dr. Shaw served on the Multi-Agency Task Consortium Against Gangs.

Dr. Shaw served as a member of the Child Death Review Committee of the Los Angeles County Interagency Council Against Abuse and Neglect (I.C.A.N.).

For many years Dr. Shaw, through the Los Angeles County Office of Education, was a Consultant-Trainer on “Child Abuse Mandated Reporting Requirements”, and trained the county’s 81 school districts on mandated reporting materials provided by the State Attorney.

Dr. Shaw, as an invited keynote speaker, addressed the audience and media at the Columbine High School memorial ceremony in honor of the slain victims.

Dr. Shaw was the keynote speaker at the annual, nationally-renowned St. Mary’s Medical Center’s Child Abuse Conference, in Walla Walla, Washington.

During his four-year in-person/in-prison research on children who killed, Dr. Shaw coined the term “adolescentcide” (the phenomenon of children killing children) used by the media following the Columbine High School and other campus tragedies.

Dr. Shaw is a member of the California State Sheriff’s Education Association.

Dr. Shaw, for a number of years, taught the law course, Administration of Justice: Juvenile Delinquency and Legal Procedures, at the El Camino Police Academy.

Dr. Shaw is the author of the copyrighted “Homicidally-at-Risk Adolescent Profile,” or H.A.R.A.P., instrument used, in People v. Marcus Adams, by the Law Office of the Los Angeles County Alternate Public Defender.

Dr. Shaw is a member of the American Society of Trial Consultants.

Dr. Shaw is a member of California Attorneys for Criminal Justice.

Dr. Shaw is a member of the National Lawyers Guild.

Dr. Shaw is associate member, #00711062, of the American Bar Association.

As a Mandatory Certified Legal Education (MCLE) Trainer, Dr. Shaw conducts accredited continuing education seminars for lawyers.


A PARTIAL LIST OF CASES, INCLUDING THOSE INVOLVING JUVENILE AND ADULT GANGS, FOR WHICH DR. SHAW WAS DESIGNATED COURT EXPERT:

FEDERAL

• United States Immigration Court v. Carlos Ayala. (Gang activity and Street Terrorism: Injunction to deport) [For Attorney Dana Mendelson.]

• United States v. Arceneaux (Gang-Heist Bank Robbery) [Federal Court case; for Attorney T.E. Warriner.]

MILITARY

• In re United States Military Academy, West Point. (the “Del Rey Eleven” case: Assault and GBI/Gang Enhancement/FirearmsViolations) [For Captain Jessica Conn, Office of the Staff Judge Advocate.]

• In re United States Navy. (Court Martial: Gang-related Weapons incident) [For Judge Advocate General Ryan Torgrison.]


STATE

• People v. Grays, Reese, and Williams. (Shooting into Occupied Building/Gang Enhancement) [For Law Office of the Sacramento County Public Defender; Ryan Jay, Esq.]

• People v. Charlotte Woods. (Gang Allegation) [For Romina Aghai, Esq., Law Office of the Los Angeles County Public Defender.]

• People v. Yovany Pensado (Robbery & Assault With Deadly Weapon/Gang Allegation) [For Attorney Fred Ricco McCurry, Bar Panel.]

• People v. Nicholas Real. (Gang Enhancement Allegation) [For Sef Krell, Esq., and Alex Kessel, Esq.] Bar Panel case.

• People v. Jerron Harris. (Felon Carrying Weapon/Gang Allegation) [For Lucia Gonzalez, Esq., Law Office of the Los Angeles County Public Defender.]

• People v. Gilberto Martinez (Attempted Murder/Spec Alleg Gang Enhancemt) [For County of Sacramento Office of the Pub Def; David Lynch, Esq.]

• People v. Johnnie Davis. (Home Invasion/Gang Terrorism) [For Kern County, Bakersfield Public Defender; Mark Raimondo, Esq.]

• People v. Antonio Webster. (Attempted Murder/Gang Enhancement) [For County of Los Angeles, Office of the Public Defender; Pamela L. Jones, Esq.]

• People v. Rodrigo Bernal. (Gang Injunction Violation) [For Elizabeth Hodgen, Esq., Law Office of the Los Angeles County Public Defender.]

• People v. Munoz. (Weapons Violation/Gang Allegation) [For Jorge Guzman, Esq., Law Office of the Los Angeles County Public Defender.]

• People. V. Gray, Williams & Reese (Gang & Street Terrorism Allegation) [For Ryan Jay, Esq., County of Sacramento Public Defender.]

• People v. Robert Gaylord (Gang Injunction Violation) [For Yajahira Martinez, Esq., Law Office of the Los Angeles County Public Defender.]

• People v. Christian Rodriguez (Murder/Gang Enhancement) [For Denise Bousley, Esq., Law Office of the Los Angeles County Public Defender.]

• People v. Stefan Taylor (Gang Injunction Violation) [For Elizabeth Hodgen, Esq., Law Office of the Los Angeles County Public Defender.]

• People v. Kenneth Harris (Gang Injunction Violation) [For Elizabeth Hodgen, Esq., Law Office of the Los Angeles county Public Defender.]

• People v. Rodney Morris (Gang Injunction Violation) [For Elizabeth Hodgen, Esq., Law Office of the Los Angeles County Public Defender.]

• People v. Luis Pineda. (Armed robbery/Gang Enhancement) [For Attorney Val Rada, Office of the Los Angeles County Public Defender.]

• People v. Durrell Davon Melchor. (ADW W/Firearm on Peace Officer) [For Attorney Frank Di Sabatino, Bar Panel.]

• People v. Phillip Masters. (Assault with deadly weapon/GBI/Gang Enhancement) [For Attorney Dane Cameron, Bar Panel.]

• People v. Jason Pezant. (Possession of Firearm by Felon/Gang Enhancement) [For Attorney Mark Williams, Bar Panel]

• People v. Delatorre. (Gang Injunction Violation) [For Ana Elmi, Esq., Law Office of the Los Angeles County Public Defender]

• People v. Charkhian. (Terrorist threat-to-kill/“Third Strike” Predicate Act for Gang Enhancement; [For Attorney Allison Margolin.]

• In re Alfredo M. (Street Terrorism/Gang Enhancement) [For Attorney Tracy Tully-Davis.]

DEATH PENALTY and/or LIFE W/O PAROLE CASES

• The People of the State of California v. Marcus Adams (Uzi Assault Triple Murder/Gang Enhancement) [For Attorney Patrick Thomason, Law Offices of the Los Angeles County Alternate Public Defender.]

• The People of the State of California v. Santiago Martinez. (Double Murder) [For Defender Martinez, acting In Pro Per.]

• People of the State of California v. Cesario Vasquez. (Murder/Gang Allegation) [For Attorney Seymour I. Amster. Bar Panel]

• People v. Roderick Milner (Murder/Gang Allegation) [For Attorney Stanley Z. White, Bar Panel.]

• People v. Jimmy Hunter. (Double Murder) [County of Ventura Office of the Public Defender; Joe Villasana, Esq.]

• People v. Gabriel Arceo. (Triple Murder/Gang Allegation) [For Attorney Charles Patton, Bar Panel.]

• People v. Jamal Payne, Jerry Sorrels, Damon Garrett, & Roderick Jenkins. (Murder/Gang Allegation) [For John Blanchard, Esq., Bar Panel.]

• People v. Richard Tovalin. (Attempted Murder/Gang Allegation) [For Attorney Seymour Amster, Bar Panel]

• People of the State of California v. David Mariscal (Gang-related Murder) [For Attorney Craig Wormley.]

• People of the State of California v. Gonzalez (Murder/Gang Allegation) [For Attorney Seymour Amster, Bar Panel]

• People v. Quincy Edward Giles. (Attempted Double Murder/Gang Allegation) [For Attorney Frederick Lacey, Law Offices of the Alternate Public Defender.]

• People v. William Joseph (Gang-related Shooting/Attempted Murder) [For County of Los Angeles Office of the Public Defender; Kendi Ravsten, Esq.]

• People of the State of California v.Robert Masiel III. (Murder/Gang Enhancement) [For Attorney Karen Lockhart.]

• People v. Francisco Orozco. (Attempted Murder/Gang Allegation) [For Attorney Art Goldberg, Bar Panel.]

CIVIL

• Jane C.R. Doe v. The Roman Catholic Bishop of Orange, et al. (Sexual Assault and Battery; Negligent Hiring/Retention; Negligent Supervision/Failure to Warn) [For Manly, McGuire & Stewart Law.

• Murray & Cox v. Egremont Schools. (Sexual Assault and Battery; Negligent Hiring/Retention; Negligent Supervision/Failure to Warn) [For Kessel & Associates Law Group.]

• Catherine Porter-Luttrell v. Ojai Unified School District. (Teacher’s use, in her 5th-grade class, of obscene, lewd and lascivious adult-level book; Negligent Supervision) [For Jones & Briggs Law.]

• Del Cid v. Los Angeles Unified School District. (Assault and Personal Injury/Gang-Related) [For Attorney Brian Vogel.]

• State of Nevada v. Paul Anthony Rice. (Gang homicide) [For Attorney Kyle Swanson.]

• Robert and Diane Roy for Travis Roy v. Murrietta Valley School District. (Wrongful death) [For Attorney Daral Mazzarrella.]

• Sismilich v. Academy of Our Lady of Peace Catholic Girls School. (Teacher’s unlawful sex with minor) [For Gordon & Rees Law Group; Linda Mullany, Esq.]

• Williams v. California Department of Education. (Civil Rights/Equality in Education) Professional Expert/Team Leader for: State of California, California Department of Education, and Los Angeles County Office of Education.

• Anise Arteaga v. Los Angeles Unified School District. (Assault and Personal Injury). [For Attorney Joseph Avrahamy.]

• “Marie S.” v. Alameda Unified School District, et al. (Administrator Assault on Student and Personal Injury) [For Attorney Trudy L. Martin.]

• Corales v. Bennett. (Middle School Student Suicide) [For Attorney Jacqueline De Warr.]

• Jackson v. Conga Room (Gang-related Homicide) [For Attorney Gary Jacobs.]

• In Re a Minor v. Los Angeles Unified School District (Gang-related Homicide) [For McNicholas and McNicholas Law Group; Juan Victoria, Esq.]

• Campolini v. Ventura Unified School District (Assault and Personal Injury) [For Attorney James Prosser.]

• In re Assault and Personal Injury v. Hayward Unified School District (Gang-related Assault and Personal Injury) [For Attorney Robert Abel.]

• In re Bonfire Injuries v. Fault & Yeates; TX A & M, Et Al (Non-assault/Personal Injury) [For Attorney Marty Rogers.]

• Carpenter (for Pierce) v. Tumwater School District, et al. (Assault and Rape) [For then-Attorney General of Washington: Christine Gregoire, Tort Claims Div.]

• Supreme Court of the State of New York, County of Bronx, Henderson v. Smith, et al (Student assault/Personal Injury) [For Attorney James Marino.]

• Rubideaux v. Los Angeles Unified School District (Student Non-Assault Personal Injury) [For Carlson, Messer, & Turner Law Group; Edgar De Vera, Esq.]

• Bryant v. Willard (Juvenile Homicide/Gang & Drug Event) [For Attorney James Lozinski.]

• Martinez v. Los Angeles Unified School District (Student Assault/Gang-related) [For Attorney Andrew Ellis.]

• Plumlee v. Fullerton Joint Union High School District (Student Assault/Personal Injury [For Attorney James Rainboldt.]

• Yvonne and Gregory Smith (for Isiah Smith) v. San Juan Unified School District. (Child Abuse; Negligent Supervision; Failure to Report as Mandated) [For Kahn, Brown & Poore Law.]

• Royce Volkmann v. Capistrano Unified School District (Assault and GBI) [For Attorney Mitchell Stein.]

• Lester v. Department of Health and Human Resources(State of V. Virginia) (Assault and personal injury) [For Attorney Keith Gamble.]

• Tapia v. City of San Rafael. (Assault and traumatic personal injury at high school) [For Attorney Liza de Vries.]

• Gibson v. Los Angeles Unified School District. (Child Molestation) [For Carlson, Messer & Turner Law Group; Jeanne Zimmer, Esq.]

• Cindy Perez v. Los Angeles Unified School District. (Sexual Assault and Battery) [For Attorney Thomas Edward Wall.]

• Molina v. Los Angeles Unified School District. (Sexual Assault on campus) [For Carpenter and Zuckerman Law Group; Michael Stone-Molloy, Esq.]


OTHER PROFESSIONAL EXPERIENCE

Nationwide Book and Media Tour, Jodi Solomon Speakers Bureau, Boston, MA. As a result of the research for and publication of my book, Jack and Jill, Why They Kill, I appeared repeatedly as guest educator and school safety/youth crime/child abuse expert on NBC’s “The Today Show,” CBS’s “Eye Witness News,” “CBS Utah,” CNN’s “Talk Back With Bobbi Battista,” MSNBC’s “Live With Mitch Albom,” ABC’s “Good Morning America,” FOX News, “The O’Reilly Factor,” and other television and radio media outlets. Delivered keynote addresses at national conferences comprising judges, attorneys, law enforcement personnel, educators, psychologists, sociologists, the clergy, and politicians. At the request of states’ elected representatives, I consulted on and assisted in the design of violence education-and-prevention and school safety programs. B.R.A.V.E. (“Be Resilient Avoid Violence Everywhere”), my violence education-and-prevention curriculum, was written during this time at the suggestion of a Wasatch County, Utah high school principal. B.R.A.V.E. has been reviewed and cited by the FBI/ATF Philadelphia Regional Office. At the invitation of Littleton, Colorado parents, I delivered one of the keynote addresses at the first annual commemoration ceremony, in Littleton, Colorado, in honor of the slain victims of the Columbine High School massacre. (A copy of my speech is available upon request.) July 2000 to October 2005.

Teacher, Los Padrinos Juvenile Court School, operated by the Los Angeles County Office of Education. Taught high school-level subjects, per State Department of Education curriculum frameworks. Counseled gang members and other incarcerated juveniles on court etiquette, legal language, probation behavioral standards, administration of justice and juvenile delinquency; goals/visions/values; and legal, personal and social responsibility. Served as Los Angeles County’s “Dollars for Scholars” board member and fundraiser for scholarship awards to juvenile wards desiring to improve their lives. Served as the Los Angeles County Office of Education and Los Angeles County Probation Department liaison for the LEAPS (Life Excellerator Assessment of Personal Skills) Facilities-Wide Behavior Management Program. Served as vice chairperson of the Los Padrinos Shared Decision Making Council. Served as academic coach in the annual “Academic Bowl” fete. October 2005 to present.

While studying for CLAD (Cross-cultural Language and Academic Development) certification, and in a nod toward linguist Jim Cummins’ “cognitive academic language proficiency” theory of academic success, I coined the phrase, “symptomatically-compromised academic language deficiency” (SCALD), and wrote a paper describing this linguistic phenomenon and cause of school failure among LEP (Limited English Proficient) street gang members. Symptomatically-compromised language deficiency results from everything that is dysfunctional, unhealthy, and legally-encroaching in their lives: e.g., family members incarcerated, witnessing or engaging in violent gang acts, illegal drug use.

Gang Consultant and Media Expert for the made-for-television documentary, “Homegirls,” produced by Luis Colina and Father Gregory Boyle (The Roman Catholic Archdiocese of Los Angeles and founder of “Homeboy Ministries.” Ongoing/in-progress.

Instructor, Master’s Degree Program, the University of Phoenix. Courses: Child and Adolescent Development and Teacher-training courses. July 2003 to present.

Instructor, Police Sciences Curriculum, El Camino Police Academy (operated by El Camino Community College), Torrance, CA. Course: Administration of Justice: Juvenile Delinquency and Legal Procedures. February 2002 to present.

Director, Pupil Personnel Services, Norwalk La Mirada Unified School District
(24,000 students – 31 schools.) and Director, Student Attendance Review Board (S.A.R.B.) No. 21, at the Norwalk Superior Court. Prosecuted, for the L.A. County District Attorney, parents and children in violation of school attendance laws. Designed and co-conducted, with Sheriff Dept., “Stop-Crimes-on-Campus” programs: Drug-Dog Sniffing Program; Juvenile Citation-into-Court Program (for gang activity, graffiti-tagging, vandalism, fighting, alcohol possession, profanity, drug possession and use); and specialized gang diversion programs such as G.R.I.P., “Gang Reduction Intervention Program” and the “Gang Awareness Project” (G.A.P.), both of which were coordinated with local law enforcement. July 1999 – July 2000.

Consultant, Public School Law, L.A. County Office of Education. Advisor to 81 school districts on L. A. County, state laws pertaining to child welfare and school attendance, student violence, suspensions and expulsions, gang activity/violence and parents’ roles and responsibilities. At request of retired Supervisor Deane Dana, I helped to write the L.A. County” Anti-Truancy Ordinance, No 96-0009.” September 1996 – June 1999.

Consultant, GAIN (Greater Avenues for Independence) Welfare-to-Work Program, L.A. County Office of Education. Supervised four Job Developers and 80 Job Search Specialists in the development of employer requirements, employment preparation, job market surveying, personal skills inventorying, job readiness, and personal responsibility courses; case follow-up and evaluation. September 1995 – September 1996.
Producer, Educational Television. Los Angeles County Office of Education. Produced focused programs: gang awareness and education; interviews with the State of CA Superintendent of Schools; curriculum series involving Institutes of Higher Education (IHE’s): USC, Claremont Graduate University, and UCLA; and a widely-acclaimed special program I conceived, produced and hosted following the 1992 Los Angeles riot: “Let’s Not Experience it Again.” January 1991 to September 1995.


EDUCATION

Dr. James E. Shaw earned his Ph.D. degree (focus: Curriculum) from the Claremont Graduate University and received the Phi Delta Kappa (Mt. Baldy Chapter) "Best Dissertation of the Year" award for his pioneering study of a spectrum of children—including gang members—incarcerated in state prisons for murder and homicide. His 4-year in-person/in-prison research of 103 girls and boys was the subject of his doctoral dissertation. (1993 – 1997.)

The University of Southern California, Teacher Corps Cycle VII. Two-year graduate studies program focused on Troubled Youth/Gangs. Studies included classes and programs at the Delinquency Prevention Institute. Los Angeles, CA. Master of Science in Education (MSEd) Degree: 1972-1974.

California State University at Los Angeles, Los Angeles, CA. B.A. Degree: 1965 -1972.


PROPRIETARY PUBLICATIONS and INVOLVEMENT WITH OTHERS

Ph.D. Dissertation: Maturity and Choice in Adolescents Incarcerated for Murder and Homicide (Ann Arbor; University Microfilms; 1997)

Jack & Jill, Why They Kill (Seattle; Onjinjinkta Publishing Co., 2000)

Bully-Proofing Your Child (eBook, published in 2001).

B.R.A.V.E. (Be Resilient Avoid Violence Everywhere). Field-tested (2001-2002, CA) by Downey Unified School District and the Los Angeles County Office of Education’s Juvenile Court and Community Schools (JCCS). B.R.A.V.E. has been cited by the FBI/ATF Philadelphia Region as an example of “best community practices” for its violence education and prevention curriculum for grades 6 – 12.

Los Angeles County Anti-Truancy Ordinance (Public Law No. 96-0009, co-written in 1995, with other educators and lawyers, at request of then-County Supervisor Deane Dana).

Los Angeles County Master Plan for School Safety (1998; Co-Editor).

Advisor on the Los Angeles County Office of Education and California State Department of Education “Classroom Management Guide” (2000).

Advisor on the Los Angeles County Office of Education, the Los Angeles County Sheriff Department, and the Los Angeles County Board of Supervisors manual, “Helping Improve Police Practices” (H.I.P.P.). A guide on improving relationships between law enforcement and students, particularly student gang members.

“Prosecutors as Persecutors: Can an Expert Save Justice?” (first published by T.A.B., Technical Assistance Bureau for attorneys).

“Evaluating Your Witness and Witnessing Their Value.” Article for National Defender Investigator Association’s Eagle Eye magazine.

“In Loco Parentis: the Hot Stock Du Jour.” This article first appeared at www.Calif-Legal.com, and was the subject of my interview with editor Andrew Brownstein of TRIAL magazine (published by American Association for Justice, formerly the Association of Trial Lawyers of America).

“Expert Witnesses May Find Schools Hazardous to a Child’s Health.” Article for Consumer Attorneys of California Forum magazine.

“Drop the Fiction of Safe Schools,” published by the Los Angeles Times.

“The Cruel Arithmetic of Adolescentcide,” published by the Long Beach Press Telegram.

“Armed School Police Don’t Equal Safer Schools,” published by the Los Angeles
Times.

“Kids Killing Kids,” the Boca Raton (FL) Times.


HONORS, PROFESSIONAL ASSOCIATIONS AND ACTIVITIES

“Certificate of Recognition” from the California State Legislature, for book: Jack and Jill, Why They Kill

Letter of gratitude and congratulations from President George W. Bush for book: Jack and Jill, Why They Kill.

The Neil Matsumora Scholarship, University of Southern California

The Phi Delta Kappa, Mt. Baldy Chapter, “Best (Doctoral) Dissertation of the Year” Award for four-year in-prison/in-person research on children who killed.

President-Elect of the California Association of Supervisors of Child Welfare and Attendance (CASCWA)

Association of California School Administrators (ACSA)

The California Teachers Association (CTA)

Member of the American Society of Trial Consultants

Member of the California Attorneys for Criminal Justice

Associate Member of the American Bar Association

CIVIC ASSOCIATIONS

Board member of G.O.O.D. (“Gangs Out of Downey”) Organization. Other G.O.O.D. members with whom I worked include Judge Roy Paul, Judge David Perkins, Judge A. Lord, and Judge Manuel Rodriguez.

Member of the Multi-Agency Task Force on Gangs, Norwalk, CA.

Rotary International District No. 1774


AFFILIATIONS WITH EXPERT WITNESS REFERRAL ORGANIZATIONS

• Technical Advisory Service for Attorneys (T.A.S.A.)
• Technical Assistance Bureau (T.A.B.)
• ExpertWitness.com
• eWitness.com
• California Attorneys for Criminal Justice
• Experts.com
• Forensis Group
• Expert Resources, Inc.
• National Expert Witness Network
• Summit Professional Resources
• Forensic Expert Advisors
• Consolidated Consultants Company
• The Chatham Group
• DJS Associates, Inc.


OTHER INFORMATION

Dr. Shaw began studying the social phenomenon of troubled, bad-ass and criminal youth while a graduate student (1972-1974) in the nationally-acclaimed Urban Teacher Corps VII program at the University of Southern California. His training at USC’s Delinquency Prevention Institute led to further gang education training by (1) the Department of Justice (at the L.A. County Office of Education and Inglewood USD “Gang Summit”); (2) the Norwalk Sheriff Department’s Multi-Agency Task Force on Gangs; (3) the Los Angeles Sheriff’s Youth Leadership Academy; (4) the Gang Awareness Project (GAP); (5) the Gang Risk Intervention Program (GRIP); (6) Juvenile Delinquency Summits conducted by California State Senator Betty Karnette (Long Beach); and (7) professional conferences across the nation hosted by law enforcement agencies and educators.

Dr. James E. Shaw is considered one of the nation's foremost gang, troubled youth, school safety and youth violence experts, and is still a regular guest expert on television and radio (Good Morning, America; NBC Today Show; O’Reilly Factor; MSNBC Live; CBS EyeWitness News; ABC News; CNN; and Associated Press Radio). He is quoted by a range of publications, from TRIAL magazine to the Los Angeles Times-Washington Post Media Group to the Baca Raton Times to the Atlanta Journal Constitution to the Long Beach Press Telegram to the Sacramento Bee Newspaper to Seventeen Magazine. He spent 48 months inside California Youth Authority state youth prisons interviewing and studying 103 girls and boys, among them gang members, incarcerated for committing murder and homicide.

The only researcher in the country allowed to go inside prisons and behind bars to get the life stories of a spectrum of children who killed, Dr. Shaw wrote the landmark, nationally-acclaimed book, Jack and Jill, Why They Kill, as a result of his four-year study. Referred to on CNN as the "the smart answer for today's troubled times," Jack and Jill, Why They Kill has a wide readership among school administrators, teachers, social workers, attorneys, law enforcement officers, districts attorney, probation officers, members of the clergy, psychologists, medical doctors, judges, colleges and universities, and students themselves. The book is used in colleges and universities nationwide. Dr. Shaw coined the word “adolescentcide,” meaning children who kill other children. He has presented gang awareness and school safety programs for the California Attorney General, elected officials, law enforcement associations, and school administrators nationwide.


SOME WRITTEN COMMENTS ABOUT Dr. Shaw’s Jack & Jill, Why They Kill
Reviewer: The Honorable Lee Baca, Sheriff, Los Angeles County
“No public safety policy maker can afford to overlook this common sense uncovering of the cause, terror, and nature of this human tragedy.”
Reviewer: The Honorable Nancy D. Daniels, Referee, Los Angeles Superior Court
“Jack & Jill, Why They Kill should be in the maternity packet of expectant and adoptive parents and on the desk of every school teacher, child welfare worker and juvenile court judge.”
Reviewer: The Honorable Pamela Davis, Judge, Santa Monica Superior Court
“Bravo, Dr. Shaw, for a finely-crafted book that will inspire parents and may yet save the lives of countless children!”