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Posts Tagged ‘Tried and Convicted’

https://cdn.morguefile.com/imageData/public/files/l/larryfarr/10/l/13817963898k84q.jpgOver the holidays, I finished reading lawyer and social activist Bryan Stevenson’s extraordinary memoir, Just Mercy. Not only does Stevenson humanize the incarcerated by telling their stories but he goes marrow deep in describing endemic injustices in our criminal justice system.

Perhaps it’s because so many of the lawyers I’ve come to like and admire are criminal defense attorneys that I’ve found myself reading to understand their work. The best of them are lawyers who despite the odds remain willing to represent defendants who New Jersey Supreme Court Justice Barry Albin once wrote are “treated as just another fungible item to be shuffled along on a criminal-justice conveyor belt.”

In reading books like Just Mercy, I follow a thread begun when I first picked up David Cole’s 1999 seminal standard, No Equal Justice: Race and Class in the American Criminal Justice System. I later read John Grisham’s The Innocent Man: Murder and Injustice in a Small Town. Grisham’s nonfiction book left me disgusted and angry. That book was followed by Steven Bogira’s Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse.

And more recently still tripping the outrage meter, there’s been Radley Balko’s Rise of the Warrior Cop: The Militarization of America’s Police Forces and Michael Cicchini’s Tried and Convicted: How Police, Prosecutors, and Judges Destroy Our Constitutional Rights.

These aren’t books just for lawyers. Every U.S. resident should read them. Forewarned is forearmed. Indeed, Cicchini’s latest, the equally excellent, Convicting Avery: The Bizarre Laws and Broken System behind “Making a Murderer,” to be published in April, will hopefully all but ensure average citizens do all they can to stay far away from the machinery of criminal justice. Too many times, it seems, the sad message for the Average Joe and Jane coming from unequal justice literature is if you don’t have money for a defense — you’re going to get screwed.

https://cdn.morguefile.com/imageData/public/files/c/click/preview/fldr_2008_11_08/file000521358819.jpgAll of which gets me back to Just Mercy and what’s stayed with me since reading it. It was the chapter almost near the end of the book where Stevenson talks about the one night 25 years into his fight against excessive punishment, mass incarceration, and racial and economic injustice, and when at extremely low ebb, he despairs over our “broken system of justice.” He is ready to stop. “I can’t do this anymore,” he writes. “I can just leave. Why am I doing this?”

But through his soul crisis, he comes to a powerful epiphany. Stevenson writes: “My years of struggling against inequality, abusive power, poverty, oppression, and injustice had finally revealed something to me about myself. Being close to suffering, death, executions, and cruel punishments didn’t just illuminate the brokenness of others; in a moment of anguish and heartbreak, it also exposed my own brokenness. You can’t effectively fight abusive power, poverty, inequality, illness, oppression, or injustice and not be broken by it.

“We are all broken by something. We have all hurt someone and have been hurt. We all share the condition of brokenness even if our brokenness is not equivalent.”

https://cdn.morguefile.com/imageData/public/files/o/Oleander/12/l/1418846725d5h3t.jpgAnd then in one of the book’s most arrestingly inspirational passages, Stevenson cites a quote  once heard and attributed to writer Thomas Merton, “We are bodies of broken bones. I guess I’d always known but never fully considered that being broken is what makes us human. We all have our reasons. Sometimes we are fractured by the choices we make; sometimes we’re shattered by things we would never have chosen. But our brokenness is also the source of our common humanity, the basis for our shared search for comfort, meaning, and healing. Our shared vulnerability and imperfection nurtures and sustains our capacity for compassion.

“We have a choice. We can embrace our humaneness, which means embracing our broken natures and the compassion that remains our best hope for healing. Or we can deny our brokenness, forswear compassion, and, as a result, deny our own humanity.”

In his Ted talk below, Bryan Stevenson revisits this and more, including “The opposite of poverty is justice.” For more insights watch the video and read Just Mercy.

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Credits: Morguefile.com, no attribution license.

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It's A Dry Heave | by cogdogblog

This is the time of year where anywhere is better than being trapped in Satan’s boxers. Sure, we missed the 120 weather forecast on June 19th. Just the same Phoenix spent the month breaking infernal records.

And now we’re bedeviled with the glistening humidity and demonic heat of monsoon season. What a combination. But how fitting for filing the following under WHAT. THE. HELL.

  1. Utah v. Strieff: The erosion of fundamental Constitutional freedoms continues.

On Monday, June 20, 2016, a 48-year Phoenix temperature record was broken when the thermometer hit 116 by 3 pm. On the same day, the nation’s highest court further undermined the part of the Fourth Amendment that safeguards individuals from unreasonable government searches and seizures. In Utah v. Strieff, No. 14-1373, the U.S. Supreme Court weakened the “exclusionary rule.” It’s the rule that excludes evidence from trial obtained by unconstitutional police conduct.

Bill of Rights | by GruenemannThe case involved police officer Douglas Fackrell who without probable cause stopped Edward Strieff after Strieff left a South Salt Lake City house under police surveillance thanks to an anonymous drug tip. Strieff was arrested after Officer Fackrell discovered an outstanding arrest warrant for a minor traffic violation. A search of Strieff turned up methamphetamines and drug paraphernalia.

But if the stop was unlawful, shouldn’t the drugs have been excluded? Or did the existence of an outstanding arrest warrant weaken or attenuate the connection between the government’s misconduct and the discovery of the evidence?

Writing for the majority, Justice Clarence Thomas wrote that the evidence obtained was admissible “because the officer’s discovery of the arrest warrant attenuated the connection between the unlawful stop and the evidence seized incident to arrest.”

In spirited dissent, Justice Sonia Sotomayor declared:

“The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights. Do not be soothed by the opinion’s technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants—even if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop and will admit into evidence anything he happens to find by searching you after arresting you on the warrant.”

Justice Sotomayor particularly warned about the risk of “treating members of our communities as second-class citizens.”

“It is no secret,” she wrote, “that people of color are disproportionate victims of this type of scrutiny.” And she added, “. . . this case tells everyone, white and black, guilty and innocent, that an officer can verify your legal status at any time. It says that your body is subject to invasion while courts excuse the violation of your rights. It implies that you are not a citizen of a democracy but the subject of a carceral state, just waiting to be cataloged.”

Just 5 years ago, criminal defense lawyer Michael Cicchini deconstructed the ongoing erosion of our fundamental rights in Tried and Convicted. On the heels of Strieff, the bad news is that our individual rights continue being “hammered and softened by high court judicial decisions.” These rights are “intended to protect us from the vagaries of the criminal justice system” and from the “government agents” who “are easily able to bypass, and in fact destroy, our constitutional protections.” 

           2.   Brock Turner and Raul Ramirez: Racial and ethnic disparity in sentencing persists.

Unequal Justice in America | by DonkeyHotey

As though Judge Aaron Persky wasn’t facing enough opprobrium for sentencing Stanford swimmer Brock Turner to only six months in county jail for rape, The Guardian reported last month that the same Judge Persky had approved a much harsher three-year prison sentence for Salvadoran immigrant Raul Ramirez for committing a similar crime. And unlike Turner, Ramirez expressed genuine remorse and plead guilty, which should have mitigated his sentence. See “Stanford sexual assault case revealed racial bias.”

By itself the disparity in Ramirez’s sentencing is nothing unusual. It’s commonplace. It’s only newsworthy because of the light touch administered on Turner.

According to Census and Dept. of Justice analyses by the Sentencing Project, racial disparity in sentencing and incarceration is real. Indeed, research by Dr. Ashley Nellis bears out that prosecutors and judges often treat blacks and Hispanics more harshly in their charging and sentencing decisions.

“Sentencing policies, implicit racial bias, and socioeconomic inequity contribute to racial disparities at every level of the criminal justice system. Today, people of color make up 37% of the U.S. population but 67% of the prison population. Overall, African Americans are more likely than white Americans to be arrested; once arrested, they are more likely to be convicted; and once convicted, they are more likely to face stiff sentences. Black men are six times as likely to be incarcerated as white men and Hispanic men are more than twice as likely to be incarcerated as non-Hispanic white men.”

WHAT. THE. HELL.

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Credits: “It’s A Dry Heave,” by Alan Levine at Flickr Creative Commons Attribution; “Bill of Rights,” by John W. Schulze at Flickr Creative Commons Attribution;”Unequal Justice in America,” by DonkeyHotey at Flickr Creative Commons Attibution.

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