reported and published in youarewithinthenorms.com
NORMAN J CLEMENT, RPH, DDS, NORMAN L. CLEMENT PHARM-TECH, MALACHI F. MACKANDAL PHARMD, BELINDA BROWN-PARKER, IN THE SPIRIT OF JOSEPH SOLVO ESQ., INC.T. SPIRIT OF REV. IN THE SPIRIT OF WALTER R. CLEMENT BS., MS, MBA. HARVEY JENKINS MD, PH.D., DAVID STEIN, MD IN THE SPIRIT OF C.T. VIVIAN, JELANI ZIMBABWE CLEMENT, BS., MBA., IN THE SPIRIT OF THE HON. PATRICE LUMUMBA, IN THE SPIRIT OF ERLIN CLEMENT SR., EVELYN J. CLEMENT, WALTER F. WRENN III., MD., JULIE KILLINGSWORTH, RENEE BLARE, RPH, DR. TERENCE SASAKI, MD LESLY POMPY MD., CHRISTOPHER RUSSO, MD., NANCY SEEFELDT, WILLIE GUINYARD BS., JOSEPH WEBSTER MD., MBA, BEVERLY C. PRINCE MD., FACS., NEIL ARNAND, MD., RICHARD KAUL, MD., LEROY BAYLOR, JAY K. JOSHI MD., MBA, ADRIENNE EDMUNDSON, ESTER HYATT PH.D., WALTER L. SMITH BS., IN THE SPIRIT OF BRAHM FISHER ESQ., MICHELE ALEXANDER MD., CUDJOE WILDING BS, MARTIN NJOKU, BS., RPH., IN THE SPIRIT OF DEBRA LYNN SHEPHERD, BERES E. MUSCHETT, STRATEGIC ADVISORS
“Pre-Crime” and the Challenge to Risk Assessments in United States v. Anand
The concept of “pre-crime,” once confined to the realm of science fiction as depicted in the film “Minority Report,” has evolved into a modern-day reality with the use of “risk assessments” in contemporary law enforcement. This transformation raises significant concerns about civil liberties, racial bias, and the erosion of constitutional protections.
Federal public defenders Paul J. Hetznecker and Coley O. Reynolds are delving into this issue as they examine its relevance in the ongoing case of United States v. Anand.
Paul J Hetznecker Esq.
“Pre-crime” is the notion of predicting and preventing crimes before they occur, relying on computer-based risk assessments that profile individuals based on data-driven algorithms. Hetznecker’s article highlights the transformation of “pre-crime” from a dystopian idea to a contemporary practice, where law enforcement uses “risk assessments” to predict future criminal behavior.
In an article published on September 12, 2016, titled “Pre-Crime” and the Danger of “Risk Assessments” by Paul J. Hetznecker, the author provides valuable insights into the concept of “pre-crime” and its impact on the criminal justice system.
Artificial Intelligence and Targeting Packages
While these assessments are presented as tools for crime prevention, they raise concerns about racial bias, the erosion of civil liberties, and the justice system’s shift toward targeting individuals who statistically appear more likely to commit crimes.
The development of these risk assessments is based on data extracted from police and court records, considering factors such as the suspect’s neighborhood, family criminal history, income, and education. However, Hetznecker argues that this data-centric approach overlooks the systemic issues contributing to crime, such as poverty, lack of education, economic opportunities, and racism. It perpetuates an unjust system without addressing its root causes.
The article introduces the concept of “pre-designation,” where law enforcement targets individuals within certain groups for profiling. This approach shifts the focus of the criminal justice system from punishing and rehabilitating offenders to identifying and targeting potential future offenders, even when no crime has been committed. This undermines constitutional protections and exacerbates the problems of racial and class-based biases in the system.
The concerns raised in Hetznecker’s article extend to Pennsylvania, where risk assessments are being used for sentencing, with limited public input or discussion about potential dangers. Moreover, the City of Philadelphia is planning to employ risk assessments for bail determinations, further disregarding the underlying causes of crime identified by decades of sociological research.
which side are you on
DEA METHODS AND VIOLATION OF FOURTH AMENDMENT RIGHT
The use of risk assessments is not limited to the criminal justice system but extends to the so-called opioid epidemic. The Drug Enforcement Administration (DEA) employs data aggregation and analysis to combat prescription opioid diversion.
Warrantless Data Mining of Electronic Medical Records
This approach involves collecting vast amounts of transaction reports, analyzing patterns, and identifying outliers for targeting. However, this method has raised concerns about the potential unfair targeting of medical providers and violations of Fourth Amendment rights through evidence laundering and parallel construction.
Hetznecker’s article concludes by emphasizing that the use of pre-crime and risk assessments contradicts the traditional principles of the criminal justice system, which rely on evidence of past crimes. The article underscores the dangers of employing predictive models and data analysis without considering the complexities of human behavior and the potential for bias. It calls for re-evaluating these practices to ensure the preservation of constitutional rights and the pursuit of justice.
HOW DO THEY GET THIS KNOWLEDGE ???
In 2019, Dr Neil Anand, MD of Philadelphia, was Named in an indictment along with three other office staff conspirators arrested for healthcare fraud by the FBI and DEA. Hetznecker’s article highlights the transformation of “pre-crime” from a dystopian idea to a contemporary practice, where law enforcement uses “risk assessments” to predict future criminal behavior.
Thomas Brewster of Forbes Magazine, Article “Explained: Why The Feds Are Raiding Tech Companies For Medical Records“ Senior writer at Forbes covering cybercrime, privacy, and surveillance;
“In a separate case, in July 2019, DrChrono supplied the government with records related to the Pennsylvania-based practice of Neil Anand. He was being investigated for handing out “goody bags” of drugs to patients who didn’t need or ask for them. He’s since pleaded not guilty to all charges of healthcare fraud and conspiracy to distribute controlled substances.
In a search warrant I uncovered, the investigating agent goes into a little detail about what exactly he was able to determine from DrChrono’s record.“
While these assessments are presented as tools for crime prevention, they raise concerns about racial bias, the erosion of civil liberties, and the justice system’s shift toward targeting individuals who statistically appear more likely to commit crimes.
In the case of United States vs. Neil Anand, MD,
When Dr. Anand filed a Freedom of Information request, the United States Department of Justice immediately moved to dismiss his claim along with other US physicians around the country who also filed FOIA requests and demands.
In the case of United States v. Anand, Neil K. Anand, MD, sought to suppress evidence seized as a result of a defective search warrant. He contends that law enforcement omitted crucial information from the search warrant affidavit, which, if included, would have negated the finding of probable cause.
Furthermore, Dr. Anand requests a hearing pursuant to Franks v. Delaware (1978) to address these issues in which the outcome of this case has the potential to set important precedents in the use of AI-driven risk assessments in law enforcement, particularly concerning the protection of individual rights and the fairness of the justice system. It is a critical moment in the ongoing debate about the balance between crime prevention and preserving civil liberties.
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