Brown & Little, P.L.C. » Entries tagged with "victims"

A Waste

From this article at the Arizona Republic: I do wish I could die doing something meaningful. You know, this seems such a waste. Those were a man’s last words. He died soon after without uttering any “official” last words. He liked porterhouse steak, french fries, okra, cauliflower, salad, fruit and ice cream. He liked those things so much they were the last things he ate before we murdered him. The good folks at the prison complex where we killed him, our crackerjack “execution team,” didn’t have an easy job. The doomed man was nice enough, joking with them as they prepared to end his life, but they had a real tough time setting the two intravenous lines intended to deliver fatal toxins. They had to cut into the … Read entire article »

Filed under: Arizona Cases, Death Penalty

“We’re All Victims of the System”

I wrote once before about Maricopa County’s policy regarding the benches in the gallery of each courtroom. They put prosecutors and victims on one side and defendants and their families on the other. They enforce the rules with an iron fist. This morning, I got to see a defendant challenge the system. It must’ve been a heavy docket, as the defendants’ side was absolutely packed. There were so many people waiting for court that the benches outside of the courtroom door were full too. You couldn’t squeeze another person on the defense side. There wasn’t a single person sitting on the other side. One defendant walked in and proudly took a seat on the empty side. He was one of those guys I can only … Read entire article »

Filed under: Courts

Stay on Your Side

In each Maricopa County courtroom, the side of the gallery behind the defense table is for defendants and their families. The side behind the prosecution is for victims, law enforcement, and other people there for the prosecution. When I’ve been in trial, the sides either tend to be equal or they overwhelmingly favor the prosecution’s side. The policy doesn’t seem too ridiculous then, as it makes sense to keep a defendant’s family from sitting right next to the victim’s family. I can see how there might be some potential for trouble. During a court’s regular law and motion calendar, where it’s nothing but scheduling conferences and release hearings, the policy creates a different result. There may be forty out of custody defendants on the calendar. … Read entire article »

Filed under: Courts

A Lie or Just Misleading?

In previous posts, I complained about having to trust prosecutors to set up victim interviews. In case you don’t feel like clicking on the links, I’ll summarize: in Arizona, defense attorneys have to ask the prosecutor to ask the victim if he or she wants to talk to them. As I discussed in those posts, there are a lot of problems with that. I recently encountered a situation that highlighted one big problem. The victim in one of my domestic violence cases has recanted. She is very eager to tell everyone, myself included, that she lied about what happened and wants the prosecutor to dismiss the charges. I know for a fact she told the prosecutor she wanted absolutely nothing to do with the case and … Read entire article »

Filed under: lawyers, Prosecutors, Victim's Rights

Trusting Prosecutors

In Arizona, victims can choose whether or not to be interviewed by a defendant or his attorney. In pretty much every case, I send the prosecutor a letter asking whether the victim would be willing to submit to an interview. Victims almost never want to speak with me, so I’m forced to trust that the prosecutor actually asked them about consenting to an interview. I’m not a very trusting person, and I’m especially suspicious when there’s no way to verify what someone tells me. That’s the case with victim interviews. I bet a lot of prosecutors never bother asking victims, but in most instances, I have no way of proving it. I can’t later seek out the victim and find out. That would be a … Read entire article »

Filed under: Professionalism, Prosecutors, Trial, Victim's Rights

Accepting Responsibility Government-Style

I was really struck by this post, but not for the reason its author was struck by the Met Commissioner’s apology. I know it’s old, but I’ve been busy. Sorry. Anyway, maybe I’m misunderstanding him, but I’m surprised David Friedman would think that apology was in any way out of the ordinary. I’m pretty sure apologies from the government are usually meaningless. I imagine it’s the same everywhere. I’m not thinking as much about when wrongful government action kills people as I am about when the government wrongfully charges people. If you’re wrongfully charged, unless you spent a lot of time in prison or were on death row, “be thankful we eventually dismissed your case” is probably the best response you’re going to get. The state … Read entire article »

Filed under: Government Rants, Practice in General

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