A Fundamental Shift
A particular way of thinking dominates among people inside the justice system. The idea is that the state accomplishes the noble goals of the people, and wrongdoers deserve the punishments the legislature created for doing the things the legislature told them not to do independently of the state’s wrongdoing in catching and prosecuting them. The system’s objectives are good and pure and worthy even when its agents and their methods are questionable. That view is apparent in courts everywhere. When prosecutors erroneously ask for dismissals with prejudice instead of without prejudice, courts quietly correct the mistake because defendants shouldn’t benefit from such things. Most of them did it, after all, and the laws say they shouldn’t have. Even when a prosecutor willfully conceals evidence, courts are … Read entire article »
Filed under: Government Rants
Demanding Lies
Starting out, I had a long talk with a public defender who’d been fighting the good fight for decades. Here’s a quote I won’t forget: Nobody is too innocent for a misdemeanor. I heard this one from someone else I still respect: Nobody is too innocent for unsupervised probation. Neither person would ever shy away from a fight or do anything to force a client into something they didn’t want to do, so it wasn’t advice from plea salesmen who built their reputations on fancy billboards. Taking them as nuggets of wisdom forged from experience, they’re important lessons about human nature and the nature of the beast we call the criminal “justice” system. Most defense attorneys don’t trust the system. Our clients often don’t trust it too, but it’s usually just the … Read entire article »
Filed under: Courts, Government Rants, Prosecutors
Taking The Law Seriously
The Maricopa County Attorney’s Office has so many policies I can hardly keep them straight. I suspect that few deputy county attorneys even know all of them, as I hear there’s a manual they consult when in doubt. If a defendant files a motion to remand for a new determination of probable case, the policy is apparently to not offer a plea. For certain types of charges, no matter how unique the facts of the case, the offer apparently must involve a prison sentence. Aggravated DUI cases involve a plea to a complicated duo of charges that, quite frankly, makes no sense at all, and repeat offenders get similarly bizarre offers based on a complex and largely arbitrary set of considerations. Most notable, for the purpose of … Read entire article »
Filed under: Government Rants, Legislation, Police, Prosecutors
What’s The Problem?
I read Life at the Harris County Criminal Justice Center pretty regularly. As Paul Kennedy at The Defense Rests pointed out earlier this year, however, it is sometimes tough to figure out if its author, Murray Newman, remembers that he is a defense lawyer and not a prosecutor. Murray’s newest crusade seems to be some issue with Harris County Texas’s chief prosecutor, the soon-to-be-replaced Pat Lykos, and a defense lawyer named Dick DeGuerin. I’ve heard of the defense lawyer before, mostly through his representation of high profile clients, and I saw that he has his own Wikipedia page. Must be a big deal, right? Regardless, it seems Murray is mad about Lykos looking into what DeGuerin believes was the wrongful conviction of one of his clients. … Read entire article »
Filed under: Government Rants, Prosecutors
A People In Whom The Desire To Punish Is Strong
There are great posts today over at both Simple Justice and A Public Defender about the press’s generally abominable coverage of criminal justice issues and the public’s highly skewed view of the system. It seems people just can’t let go of the idea that criminals everywhere are running rampant despite our increasing willingness to dole out ever-harsher punishments and live with an ever-growing prison population. I’m reminded of a case that’s been all over the news here in Arizona. A few years ago, stories about the supposed “honor killing” of a young woman by her father in the suburb of Peoria were everywhere. The daughter of Iraqi immigrants, her father had apparently became enraged by her lifestyle, which by all accounts seemed to be typical of American girls … Read entire article »
Filed under: Government Rants
Understanding People
TED is a wealth of inspiration. I recently watched a talk by Andrew Stanton, who wrote Toy Story. Discussing the story’s hero, Woody, he explained the character’s selfishness in the context of his various other, more positive attributes. He noted something to the effect that we are all willing to act certain ways as long as certain conditions are met. It’s true. Experience has taught me that people are rarely just bad. People are filled with desires; they want certain conditions to be met. Some want the sun and moon but thrive in modern society on far less. Others want something very simple and violate society’s norms in all kinds of horrible ways fulfilling their desires. In many instances, the issue isn’t any … Read entire article »
Filed under: Government Rants, Practice in General
Homebrew and Hypocrites
Obama is supposedly a big fan of beer. A while back, I read about how he apparently started brewing beer at the White House. Of course, it turned out his staff actually brewed the beer, not him, but it seemed the endeavor was at least partially his doing. I had to give him some credit for that. Today, I saw a link to this page on the White House’s website, so I clicked through. It’s a pun-ridden little blurb from Sam Kass, an assistant chef at the White House, followed by recipes for the White House beers. I’m neither an extract brewer nor a fan of honey beers, so the recipes weren’t all that interesting to me, but the blurb itself caught my attention. Specifically, … Read entire article »
Filed under: Government Rants
Formalities, Theirs and Ours
The law is filled with all kinds of silly formalities. They place the prosecutor’s table on the side closer to the jury box. You’re not supposed to touch the judge’s podium. Some courts require that the lawyers wear a suit or sports coat. A jury is supposed to be sworn. That last one probably seems really important to you, but it isn’t. From a post earlier today from Scott Greenfield at Simple Justice, I learned about a Tenth Circuit opinion yesterday affirming a conviction in a case where the jury reached its verdict despite having never been sworn. Oops! In the case, the defense attorney knew the judge forgot to swear them in, but he waited until after the verdict to bring it up. The … Read entire article »
Filed under: DUI, Government Rants
Real Justice
I saw a funny thing in the parking garage yesterday. Some jerk had parked his giant truck exactly how I’d expect a jerk with a giant truck to park, and some poor kid in a compact car was struggling to wiggle in through his driver’s side door. I’d say about two inches at most separated the front passenger’s side door of the truck from the driver’s side door of the car. The kid didn’t have a chance. A nine-year-old couldn’t have squeezed in without climbing on the roof and rolling down the window. The compact car was parked perfectly between the lines, whereas the truck was at a severe angle. It was pretty obvious why its jerk-owner parked it that way. Had he parked properly … Read entire article »
Filed under: Arizona Statutes, Government Rants
Abusing Science
The government loves science. It should be quite obvious why, as science can very easily be twisted to serve the state’s nefarious purposes while maintaining the illusion of being undeniable and absolute. Science is the smoking gun in many cases, regardless of whether it really is or not. DUI cases in particular are often built on nothing more than government pseudo-science, something without which the state would only be able to prove in many instances that defendants were bad drivers who did a poor job performing parlor tricks for a cop. The results of a supposedly scientific test can instantaneously change a minor civil traffic ticket into a DUI conviction along with all of the accompanying social stigma and various draconian punishments. Most lawyers and judges are … Read entire article »
Filed under: Courts, DUI, Government Rants
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