Brown & Little, P.L.C. » Government Rants
Better Safe Than Sorry
As a society, we lack the ability to deal with our problems without resorting to the blunt instrument of the criminal justice system. We must be failures as parents and as human beings in general, because we can’t seem to trust each other with even a little bit of freedom. We’re even suspicious of relatives, friends, and neighbors. Often, we’re especially suspicious of them. The only people we trust with our well-being are members of the fabulously wealthy, power hungry ruling class. When we get scared, they draft up oppressive, dangerous placebos we think we can’t live without. Nowhere is it worse than with sex crimes. We’ve criminalized everything, and we’ve ratcheted up the punishments. The system now hands out life sentences like it’s … Read entire article »
Filed under: Courts, Government Rants, Sex Crimes
Understanding the System
The criminal justice system excels at creating frustrating situations. It might be the only thing it does well. I recently ran up against a situation that was not only frustrating, but also a perfect example of a Catch-22. To get a client released from custody, I needed to get her accepted into an approved rehab facility. She could only get into the approved rehab facilities by doing an intake appointment. The facilities only set intake appointments for people who are out of custody. Initially, I would encounter similar situations and become angry. I assumed they were caused by incompetence and thought the people in charge would fix it if they knew what they’d done. Although my anger began to diminish as I encountered those situations over … Read entire article »
Filed under: Clients, Courts, Government Rants, jail
Fines
I have no problem with the idea of a court ordering someone pay restitution to a victim. Making an aggrieved party whole seems like exactly the kind of stuff a decent justice system should try to do. Probation also makes sense to me as a sentencing option. If we care about rehabilitation, services and some sort of supervision seem essential. I even understand the need for incarceration as part of the sentence in some cases. Although jail and prison terms are routinely and unfairly ordered to excess, I can see the logic in removing a dangerous person from society. I understand retribution and the idea that there may be a deterrent effect in taking away someone’s liberty. Also, when it comes to time, … Read entire article »
Filed under: Courts, DUI, Government Rants
Awareness
Over the past couple of years, I’ve become interested in auto sports. Not racing, really, but just taking a car around a road course. It’s a major niche market for the firm, which is why I started it and why I continue to do it, but it’s also a good time. I’m certainly no expert. However, I have learned quite a bit. As is often the case when learning something new, I’ve been continually surprised by how much there really is to learn. Driving once seemed so simple, but I now know that it really isn’t. How much braking power do you have? How much acceleration do you have? How does the road surface feel? How does your car feel? Do … Read entire article »
Filed under: Government Rants
We Can’t All Be Weiners
I could make childish jokes about congressman Anthony Weiner all day long. With a name like “Weiner,” it takes every ounce of control I have not to go to just go to town writing pun after pun about the poor guy’s love of sending x-rated photos of himself. Maturity has never been my strong point. I still laugh inside seeing the ubiquitious word “Camelback” here in the valley of the sun because it’s close to the word “cameltoe.” Yeah, that’s the level of sophistication you’re dealing with here, readers. I’m going to exercise some self-control, luckily, and write more than bad jokes. You see, representative Weiner wants to take leave from the house of representatives. I’m disgusted, and it isn’t because of the photos. … Read entire article »
Filed under: Government Rants
Everybody Has a Boss
Once upon a time, I believed judges could do things. I thought they could rule on motions and even continue trials. Sadly, the world is not as it once seemed. I sat in chambers last month and listened to a seasoned judge talk about how he’d love to continue a trial but couldn’t because “they” were getting onto him about granting too many continuances. This is a man who can, and probably has, imposed the death penalty at some point. He clearly has a boss. Probably more than one. His bosses tell him how to do his job. Given the fact judicial retention elections are not exactly close calls, his bosses aren’t the voting public. Some group of people I don’t know is … Read entire article »
Filed under: Government Rants
The Joy of Mid-April
I’m always in a terrible mood around the 15th of April. It’s the time of year when I get to think about just how much money the state and federal governments take from me and my business. I get to remember that, not only do I get to pay taxes, but I also get to pay people to help me pay taxes. I have to answer questions, make calls, send emails, send faxes, and write checks. It’s a waste of time I could devote to more important things, like my clients. I saw Obama on the television giving a speech yesterday. He was short on details, but his message seemed to be that Americans don’t have to make any sacrifices. We don’t have to cut … Read entire article »
Filed under: Government Rants, Practice in General
It's All Illegal
Years ago, I thought I knew what was illegal and what was not. Now, I know that what I once thought I knew may in fact be unknowable. Take hindering prosecution, for instance. In Arizona, a person commits the offense of hindering prosecution if, with the intent to hinder the prosecution of another person for any felony, the person renders assistance to the other person. A person can render assistance by knowingly preventing by means of deception anyone from performing an act that might aid in the prosecution of the other person. I have a client who was in custody last summer, sitting on the chain in court waiting for a hearing. An officer came to court to get a handwriting exemplar from another inmate on the chain, … Read entire article »
Filed under: Government Rants
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