Monthly Archives: June 2005

Sitting at the feet of justice

I love these little anecdotes that you can find all over the web and on blogs, about "overheard at court" or "stupid things my clients say". What I also love is standing on the steps to a courthouse and listening to people vent. It reinforces my faith in humanity.

So yesterday, I’m on the steps (there are only 4) and this unidentified man was sitting there smoking a cigarette. Apparently, he had a heroin addict landlord who gave him keys to the house, but yet had him arrested for burglary and larceny. Obviously, our man wasn’t too pleased about it. To top it off, it seemed that the complainant hadn’t shown up to court on a previous ocassion – not that he’d have to -  and after the usual "this is bullshit, the system is screwing me" (which I do agree happens), he said "if he doesn’t come to court three times, I’m going to have the charges thrown out. I know my laws, I’ve been in jail before."

Does anyone else have a similar law in their jurisdiction? Complainant doesn’t "show up to court" three times in a row and the charges get dismissed?

He then mumbled something about warm juice.

(somewhat) light blogging

I’m currently in the midst of a week with two hearings, so blogging will be light. Also with the upcoming weekend, I might not be posting as much as I’d like.

If I ever wanted things to be more interesting, however, I’d move to Coeur d’Alene in Idaho, where I could get married and yet go to jail or be able to tell commissioners to kiss my ass for not giving me enough of a raise (i’m kidding OCPD – i got the raise, the extra money is great, thanks! Love you guys!)

A question for prosecutors

Bump and Update: TxPd clarifies in the comments

Can a prosecutor be convinced beyond a reasonable doubt that my guy is
guilty under those facts? Is that even the standard prosecutors use
when deciding when a case should be dismissed because they believe it
would violate their duty to "do justice" to prosecute? Or is it more
along the lines of a directed verdict standard–could a reasonable jury
find beyond a reasonable doubt that the defendant is guilty?

Head on over to her blog to post your thoughts.

Original Post: TxPd asks a serious question for prosecutors… I know Tom reads my blog sometimes, so maybe he can provide an answer. The question is – two people involved in an offense, one of whom is your guy. Victim gives descriptions of the two to the police, unfortunately one of them (not your guy) was in jail at the time. The victim is told of this, yet she is confident in her ID of the other guy (your guy).

What is a prosecutor to do? Given that it’s possible that she is right on atleast one count, I don’t think a prosecutor would nolle the charges against your guy. He should, obviously, drop the charges against the other guy who was in jail.

Surprisingly, I’ve seen cases in which the client was charged with committing a crime, even though he was in jail on the date of the offense – and somehow no one caught the error till much later.

CT death row back to full strength – Rizzo sentenced to death

Connecticut’s death row is creeping back to it’s full complement of 8 inmates, with Todd Rizzo being sentenced to death yesterday (Ivo Colon’s sentence was reversed and remanded a few months ago). A three judge panel delivered the sentence and set an execution date of Sept. 23, although that will be pushed back because of automatic appeals.

Rizzo pled guilty in ’99 for killing his 13 year old neighbor, "to see what it felt like to kill someone".

The Supreme Court overturned his death sentence in ’03, because jurors weren’t instructed that aggravating factors had to be found beyond a reasonable doubt. This time around, he opted for a three-judge panel instead.

More on Rizzo here.

Effect of Megan’s Law on Sex Offender Reintegration

Two researchers from the Lynn University in Florida recently released a study [abstract] on the effect of Megan’s Law on reintegration of sex offenders into society.

Overall, about one third of participants had experienced dire events, such as the loss of a job or home, threats or harassment, or property damage. Physical assault was a relatively rare occurrence.

The majority identified negative effects, such as stress, isolation, loss of relationships, fear, shame, embarrassment, and hopelessness. Some participants noted positive effects of Megan’s Law, including motivation to prevent reoffense and increased honesty with friends and family.

Few sex offenders believed that communities are safer because of Megan’s Law, and more than half reported that the information posted about them on Florida’s Internet registry was incorrect. Implications for practice and policy are discussed.

This should not be news to anyone. I have long maintained that we are taking a far too extreme view on sex offenders and how they should be treated. (See this for example). This LATimes article does a good job of conductign interviews with sex offenders and with the authors of the survey.

In a study published this year, researchers surveyed 183 sex offenders
in Florida and found 27 percent said they lost a job because a boss or
co-workers found out about their crime, 20 percent had to move from
their home because a landlord found out, 15 percent had to leave after
neighbors complained, and 33 percent were threatened or harassed by
neighbors.

"I feel trapped in living where I do," one of those surveyed said.

Another said: "I welcome an early death."

Welcome an early death? That should set some alarm bells ringing. What are we doing to "these people"?

I had a client a few years ago who was charged with violation of Megan’s law in the state. More specifically, he was charged with failure to register after changing his address. Why did his address change? Because the owner of the house he was living in had problems with the Dept of Children and Families and had him evicted with just about an hour’s notice. Almost no shelter he went to would accept a couple convicted of sex-offenses (he was with his wife) and he ended up living under bridges and the sort till he was charged with this violation.

This is what Megan’s law (as currently formulated and applied) does more often than not. It displaces people, makes them lose jobs and essentially isolates them. What we are doing, in essence, is driving all "these people" out of every city in the country into some sort of massive "penitentiary" in the middle of nowhere that we will have to fund.

If we are that concerned about every single sex-offenders threat, then perhaps the route should be to lobby for longer sentences, perhaps those mirroring murder. Leave them in jail forever, even the 18 yr old who had sex with his 15 yr old girlfriend.

There needs to be information. There needs to be awareness. There does not need to be this current climate of intense monitoring and knee-jerk reactionism propelled by fear. GPS monitoring, lifetime registration and other such methods are merely hollow measures taken to placate our fear and cover up the real issue: the neglect of children by their families and our intense desire to snuff out anything that scares us.

Whither understanding and rehabilitation? People are individuals and each case should be treated as such – individually.

Trying Neaira

My friend Ruth gave me her copy of "Trying Neaira" to read. The book is an historic account of the trial of Neaira by Apollodoros for, among other things, being a metic in Athens who was married to an Athenian. She was also a former slave and a prostitute. I’ve gotten two chapters deep, but already I am captivated by the description of the hierarchy of life (even among prostitutes) in Ancient Greece. Then there is also the exploration of the legal system and how trials were conducted (made famous by, among others, Plato’s Apology).

Has anyone read this book? I might post some more thoughts when I’m done with it.

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