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The Night The Rights Went Out In Georgia

Posted in Criminal on Tuesday July 06 2010 @ 5:12am

How many ways can public defense go wrong in Georgia? Let us count the ways.

1. Recall that the county-based defender system failed. Atlanta, for example, is made up of several different counties. Someone on one side of the city got one public defender system, while someone down the road got another, etc. etc. Finally, a statewide system was introduced.

1.a. Now there's talk of going back to the old ways (the ones that didn't work in the first place). See Georgia's Public Defender System May Go Back Under County Control, Bill Rankin, Atlanta Journal-Constitution (April 6, 2010).

2. The Nichols case, in which a defendant shot up a courtroom (killing a judge and others) and fled, bankrupted the system.

2.a. This would be a bit more understandable -- disasters happen -- if it were not for the complete failure of court security. So many things were wrong with security that it's amazing this didn't happen sooner and more often. The rest of the world woke up that Friday afternoon and took a good hard look at court security. Why does it take something so horrible for common sense to kick in? Or not, as the case may be. See Five Years After Nichols Shootings, Is The Fulton Courthouse Safer? Rhonda Cook, Atlanta Journal-Constitution (March 11, 2010).

2.a.1. At the same time, Nichols protested the use of cameras in the court during his trial. See Hair Today, Guilty Tomorrow, court-o-rama.org (July 2, 2008).

2.b. Yet, the Nichols case wasn't funded properly, either. See For The Defense? court-o-rama.org (January 25, 2008).

2.b.1. Part of the funding problems for Nichols could have come from the fact that two different judges had the case. See Damned If He Does court-o-rama.org (January 30, 2008), and New Nichols Judge, court-o-rama.org (February 4, 2008).

2.b.2. Due to juror gridlock, Nichols was sentenced to life. See Juror Gridlock, court-o-rama.org (December 12, 2008). Who knows whether more funding would have meant death for Nichols?

3. This (plus many other procedural and substantive mishaps throughout history -- let's not forget things like the group plea bargain, which may or may not still be in use in some courts) brings us to the Weis case. Here, when the state ran out of money to fund Weis's capital defense, the prosecutor recommended two local public defenders to take the job. Yes, you read that correctly. See Defendants Squeezed by Georgia's Tight Budget, Adam Liptak, NYT (July 5, 2010). H/T to court-o-rama's man of the house!

So, what now? The SCOTUS, if it takes the case, may or may not come up with a good solution for Weis and other similarly-situated defendants.

Meanwhile, perhaps they can learn a few lessons from fencing (the sport, not the reselling of stolen goods) via Simple Justice. See 7 Lessons From Atlanta, Scott Greenfield, Simple Justice (July 5, 2010).

On the Soccer Court

Posted in Criminal on Wednesday June 23 2010 @ 8:42pm

Ha, we know that soccer isn't played on a court! We just said that to introduce you to the World Cup Court.

Like spring break court (a real phenomenon in places like Daytona), World Cup Court exists to cope with the mayhem that ensues when thousands of people come to town rather suddenly.

Unlike the spring break courts, World Cup Court protects the international community from orange mini-dresses. See 2 Arrested in World Cup Minidress Flap, AP, KIDK.com (June 16, 2010).

Read/listen to the somewhat definitive South Africa's World Cup Court: Sudden Justice, Mike Pesca, All Things Considered (June 22, 2010).

But why try so hard to score a gooooooaaaaallllll against Cup-related crime? Is this an image thing, like hiding your homeless before the cameras roll? Fear not, area people were sequestered near a TV (and apparently serve as a captive audience for a pastor) so they can watch the games. See Bafana Bafana Bring Cold Comfort to Homeless, Kate Holton, Washington Post (June 16, 2010). See also Poor People's World Cup Shows Exclusion of Poor in South Africa, Huffington Post (June 21, 2010).

See also the somewhat unrelated (it's just an analogy -- the headline tricked us!) A World Cup Court of Appeals, Paul Clement, Slate (June 23, 2010).

Oh, and even more off-topic -- did you know that Betty White is a World Cup referee? The vertical stripes make her look taller.

Is Smart the New Tough?

Posted in Criminal on Tuesday June 22 2010 @ 7:36pm

Like the macarena, Tough on crime is soooo 1990's!

At least one prosecutor (sure, there may be at least one other!) is getting smart on crime.

See 'Smart on Crime' Mantra of Philadelphia Prosecutor, Erik Eckholm, NYT (June 19, 2010). See also 'Zone Courts' Proposed in Phila., Craig R. McCoy, Nancy Phillips, and Dylan Purcell, Philadelphia Inquirer (May 30, 2010).

It will be interesting to see how his efforts pay off. Taxpayers may finally have reached the point where they no longer wish to pay for expensive (and often ineffective) toughness.

It would also be interesting to know what Scott over at Simple Justice has to say. Surely he will chime in as soon as he's finished watching Karate Kid.

KO'd

Posted in Criminal on Thursday January 14 2010 @ 9:33pm

We enjoy Kimball Perry's You are there!!! approach, and it works well for this story: Ex-Boxing Champ Picks Prison over Rehab, Cincinnati Enquirer (January 14, 2010). The story includes a clip of Tubbs in better (?) times.

The item shows that rehab is not the same as a slap on the wrist -- if it were, there would be no drug addicts in prison.

And, it illustrates what can only be called judicial frustration.

p.s. Was there ever a better anti-drug anthem than White Lines (Don't Do It)? (Seen here with puppets!)

Sign O' the Times

Posted in Criminal on Saturday December 19 2009 @ 5:27pm

Plea bargaining has long happened in the shadows, making studies difficult. It also tends to happen to people who are in a vulnerable position, not incredibly likely to protest or contest. Thus, plea bargaining stays hidden from view.

So it may be a sign of the times when the Wall Street Journal starts worrying about the issue. See Plea Bargains Get Renewed Scrutiny, John R. Emshwiller and Nathan Koppel. WSJ (December 19, 2009) (subscribers only; all others get a squib).

Could the rash of white-collar crime produce plea bargain reform? Stranger things have happened.

Cat-Herding 101

Posted in Criminal on Monday November 30 2009 @ 5:18am

You might remember the New York justice courts debacle. There, a snoopy NYT reporter got all up in arms about rural justice. They weren't reined in! They were out of control! Truly, it was the end of western civilization. See In Tiny Courts of N.Y., Abuses of Law and Power, William Glaberson, NYT (September 25, 2006).

Then-Chief Judge Kaye responded with her trademark scalpel action, even though the story was of the mountain-turned-molehill variety (hey, even the big papers are suffering!).

Now a similar story is unfolding in South Carolina. The magistrate system is being upgraded to a bond court system. Under the magistrate system, officials were on call for arraignments. Defendants could be released immediately. Under the bond court system, defendants would spend time doing time until bond is set.

The hoped-for results include more consistent bond amounts, and (counter-intuitively, in a way) a quicker system. Proponents believe the bond court will be quicker because more defendants will be able to meet the bond amount and spend less time petitioning for a reduction.

The new system also lays down the law for municipal court judges, avoiding instances such as this public reprimand. This way, everyone is on the same page.

Both aims promote public trust and confidence in South Carolina courts. Good job, CJ Toal!

See Greenville Revamps Bond Court System, Ben Szobody, Greenville News (November 26, 2009).

Discuss

Posted in Criminal on Saturday November 14 2009 @ 7:57pm

What are trials for? Are they a demonstration (and if so, to whom?) of the rule of law? A way to inform the public? A path (and if so, are there other paths?) to justice? All of the above?

Good debate on these points and more from Left, Right & Center this past week.

Con-diments

Posted in Criminal on Tuesday October 13 2009 @ 1:45pm

The Chicago hot dog is famous. Now a hot dog stand in Chi-Town is bordering on the infamous.

Those serving meals at Felony Franks have served something else in their past -- hard time.

We hear a lot about re-entry -- that is, reintroducing those who have served their time back into society. They become taxpayers, support their families, and learn new skills that hopefully break the cycle of crime.

For some, the journey is more habilitation than rehabilitation. For others, the steps back are more direct. Either way, where are the opportunities? Even with bipartisan support and federal funding, there do not seem to be enough resources for this common-sense goal. Support from the community -- businesses and residents -- is crucial, and can make or break the most financially secure efforts.

Personally, we can't imagine who would NOT want to eat at a place serving Misdemeanor Wieners!

See Slaw and Order: Hot-Dog Stand in Chicago Triggers a Frank Debate, Julie Jargon, WSJ (October 13, 2009).

What Dissuades a DUI Offender Most?

Posted in Criminal on Sunday September 27 2009 @ 8:32am

It's a constant battle, waged by moms, NHTSA, law enforcement, and the community to separate drunk drivers from their vehicles.

The most obvious way to do this is to keep them from using said vehicles. One way to do this is to install an ignition-interlock device. At least one judge swears by it; see Baby, You Can't Drive Your Car, LaDoris Cordell, Slate (September 22, 2009). But see the comments (some from wary judges) to the article.

What works? Maybe a little bit of everything. Fines, ignition-interlock, jail time -- in the words of Young MC, Got no money, got no car, got no woman and there you are!

In Loco Parentis

Posted in Criminal on Monday September 07 2009 @ 7:51pm

Anyone who's lost a child knows that parents must find it in themselves to move in a positive direction in order to carry on. That move could involve telling their story to others who have suffered a similar loss, planting a tree in their child's memory, or hugging their family a few extra times every day.

For parents who have lost a child to violence, positive steps are extremely difficult. Holes in the criminal justice system, public attention, and fear exacerbate parents' grief. The Kenneys, whose daughter was killed last March by an offender who should never have been walking free, quickly and extraordinarily urged the community away from random violence and towards peace.

Now, the Kenneys are pleading for common sense in the criminal justice system. The Kenneys have taken what they know -- parenthood -- and applied the same lessons and guidelines to the system. Risk assessment, flexibility, firmness, and other parental skills are the same tools society can use when fighting crime.

We hope someone listens to them.

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