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» Entries tagged with "custody"

Imaginarily Sufficient But Not Greater

It’s always struck me as silly that we as a society have decided that justice is somehow best measured by time in confinement. Speaking with an experienced former prosecutor who spent time in a foreign country helping to set up a “modern” criminal justice system, I was amused when he said they were backwards with punishment and human rights. When someone did wrong, he explained, the punishment might be giving the victim his finest goat. A convicted criminal might even be forced to give the victim his firstborn boy as a slave or his firstborn daughter as a bride for a serious offense. I could only think about how, here in Arizona, we’d just stick the dad in a cage and all but guarantee the son eventually becomes … Read entire article »

Filed under: Prosecutors, Sentencing

Today’s Lesson From Jail

Walking into Maricopa County’s lovely Fourth Avenue Jail earlier today, it occurred to me that you don’t really see that many fanny packs outside of county jail waiting areas anymore. Sweat pants, too. There was one lady with a wispy brown mustache sporting purple sweat pants and not one, but two fanny packs. One had a broken zipper and a jumbo pack of Zig-Zag rolling papers poking out of a hole. The other was bulging but closed, filled no doubt with all kinds of fascinating objects. She was quite upset she couldn’t bring her fanny packs and their contents into her video visit. That lady would ordinarily be the pièce de résistance of a wait to do a custody visit, but this time I was fortunate … Read entire article »

Filed under: Uncategorized

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

A CPS Nightmare

The prosecutor scratched the charges because my client was not guilty of the crime. This wasn’t one of those maybe-she-did-it-but-we-can’t-prove-it cases. The sum of information available about what happened should have made it obvious to anyone with half a brain that my client did nothing wrong. She did not assault her daughter. My client’s innocence notwithstanding, some of the folks over at Arizona Child Protective Services, either lacking half a brain or bored with nothing to do, decided to meddle. “We just want to get your client’s side of things,” they said. I found out about the meeting exactly one business day before it was set to happen. I don’t represent people in dependencies. I attended the meeting with CPS because I never trust the government … Read entire article »

Filed under: Government Rants

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