a public defender

“A moment of weakness”? I’m sure many victims of criminals who get far less than 15 years would not characterize the criminal’s acts as a “moment of weakness”.

I wonder if you shed a tear for the victim of a crime where you have a factually guilty client who gets off. Probably not. Yet that person didn’t do anything to deserve his or her fate.

JFC man. Do you ever get off your soapbox?

Do you?

[quote comment="7957"]Do you?[/quote]

First of all, you missed the point of the post. Second, you don’t have to keep pushing your agenda - we all know that you hate all defendants. Third, show some compassion. Fourth, you missed the point of the post.

Gideon, thanks for taking a moment to step back from all of the intriguing questions of law, public policy, and litigation strategy with which we are so often consumed to recognize the humanity of the defendant.

I don’t think I missed the point of the post. I get it–it sucks that we have to lock kids up for long stretches. I wish we didn’t. What I was pointing out was your euphemization of the transgressions of criminals.

I don’t really hate all defendants, either. I just think that society should be protected more than you, and I reserve more of my sympathy for crime victims.

As for compassion, I feel sorry for this guy, but that doesn’t mean that I don’t think he should go to jail. I hope he turns his life around, just like I hope Kelly and Pollitt turn theirs around.

Anyway, have you figured out a way around the langauge in Cronic?

I have been sniffing around your site for the last few weeks..In a kind of anxious quiet desperation just wanting,no, needing to contribute some of my insight views & experiences from my perspective on many of the 1st hand encounters , dealings & interaction I had with & on many of your subjects (Peeler,Southbury Hysteria, Prison reform, overcrowding,Cognitive rehab etc. I have been sitting on the bench, wanting to get in the game.. My life on hold as I awaited the state retirement board to approve my duty related disability retirement from the physical & emotional injuries of almost 20 years in the state criminal justice system. & a few more in various public safety roles I admire your honesty, integrity & envy your sense of self…I lost mine along the way years of working in a system that is a breeding ground of apathy & contempt! In conjunction with seeing many a man circling that drain..Don’t get me wrong there have been times when I held down the flusher..But the fact remains,the one thing I learned is everyone is one bad day away!!

[quote comment="7963"]Gideon, thanks for taking a moment to step back from all of the intriguing questions of law, public policy, and litigation strategy with which we are so often consumed to recognize the humanity of the defendant.[/quote]

I concur.

“An eye for an eye” may be the stand-by justification for all punishment, but the taking of an offender’s eye does not restore sight to the victim. Only when we understand the cost of both blindings will we truly look at ways to prevent the first victim’s eye from being lost.

Gid, it looks like you tapped into some pretty strong feelings on this one. Good job. While we all feel for the victims of crime, we can’t undo what has happened by causing more and more harm.

There are some truly heinous people out there. But most are just one bad day away. Sympathy for the victim doesn’t preclude recognizing that these are all people, even the defendants.

I, too, have been lurking on your sight - and appreciate your thoughts on the issues we face as defenders.

I have often been struck by how a split second decision, most often a horrible one, changes a young person’s life forever. Yes, we all feel for the crime victim - but they are not the only people deserving of our sympathy. Split second decisions, often made without thought or contemplation, can have horrendous consequences for young people. While we can save for another day the argument whether they should, the point of the post and of the observation was that it does. We should all take pause in that - in our lives and in the lives of our clients.

BEFORE I WORKED FOR THE STATE, I worked E.M.S. INITIALLY IN THE CITY OF WATERBURY I BELIEVE IT WAS CHRISTMAS EVE.1985 I WAS 23 BUT I WAS ALREADY MARRIED W/2 CHILDREN. AS PER S.O.P JUST BEFORE 8PM WE WOULD send a car to stand-by IN FRONT OF THE ST.VINCINT De Paul shelter which was only a block away from our South End station. THIS DUE TO THE FACT THAT THEY DON’T ADMIT ANYONE THAT’S INTOXICATED WHICH OF COURSE HAPPENED NIGHTLY, THUS WE WOULD HAVE TO CUFF & STUFF THE OFFENDING PARTIES & CART THEM OFF TO DETOX.. A LIGHT SNOW BEGAN TO FALL, & A FEELING OF EXILE RATION BEGAN TO KICK IN, JUST AS I TURNED RIGHT TOWARDS THE ALLEY .MY HEART DROPPED AS I SAW A COUPLE WHO COULDN’T HAVE BEEN MUCH OLDER THAN I, TRYING TO MANIPULATE AN OLD PATHMARK SHOPPING CART OVER THE BROKEN CURB, THE MOTHER HOLDING WHAT LOOKED LIKE A LITTLE GIRL TO HER BREAST,OUT OF THE SNOW & A LITTLE BOY SEATED
IN THE CARTS SEAT , GETTING IN LINE FOR THE SHELTER..MY GREAT AUNT TOOK ME IN AND RAISED ME SINCE I WAS 11 & WAS ALWAYS THERE TO HELP ME OVER THOSE LITTLE HURDLES ..I COULDN’T STOP THINKING WHAT JUST A LITTLE BIT OF HELP COULD HAVE MADE ALL THE DIFFERENCE IN THE WORLD TO THOSE KIDS & SO MANY OTHERS IT IS SO HARD WHEN YOU HAVE NOTHING OR NOBODY! AND THE OTHER LESSON I LEARNED WHICH UNFORTUNATELY IS OFTEN THE END RESULT “DESPERATE PEOPLE TAKE DESPERATE ACTIONS”
BUT IT DOESN’T NEGATE THE FACT THAT THEY HAVE TO BE STOPPED!! IT’S JUST TO BAD THAT WE IN AMERICA CAN’TACT UNTILL WE GOT TO REACT!

I wonder how a rape victim would feel about the characterization of her assault as “a moment of weakness” or a “split second decision”. This euphemizing of the wrongness of these decisions is appalling, and telling.

And I notice, Gideon, that you cannot answer the charge that you don’t feel all that bad for a victim that walks away from the courthouse with no justice when a guilty client gets off. Think about how the Pierces felt when their son was murdered and the perp got a scant 9 years. (remember that hate crime–1993, from Yale?) Does that break your heart? No. But you’ll mourn some jerk who got 15 years for doing some crime.

Again, that’s not the point of the post. I’m not sure you understand that, despite your protestations to the contrary.

I’m not going to comment any further. Either you get it or you don’t.

SPO’s energies might be more effectively invested at a one-sided site like www dot all-defendants-are-innocent-angels-and-victims-are-categorically-lucky dot org.

Let’s hope the defendant in this case really deserved the sentence, and that the sentence marked a turning point and the beginning of a time he’ll use constructively. One of my stbx-H’s corporate clients once asked him to defend her son: stbx doesn’t do criminal law, but the client wanted a lawyer who would NOT let the son walk free this time. He referred her elsewhere, but I wonder: is there any way to predict when the time ‘away’ is merited and will be productive?

Regarding Molly B. in Germany on 2 counts

(Please bear with me it’s not a simple answer & there is a very serious & important point that many don’t understand unless you have lived it!! THERE ARE SO MANY MITIGATING VARIABLES IN CONJUNCTION WITH BEING IN A VERY NEGATIVE HOSTILE ENVIRONMENT WHICH I ALWAYS SAY IS A “PURE BREEDING GROUND OF APATHY&CONTEMPT! That being said & barring all the potential hazards, policies,& constrictions “ULTIMATELY IT IS UP TO THE INDIVIDUAL & Each & every offender who enters the system just as in birth & Death comes in alone. The predicating difference is the mental/psychological ,emotional familial & environmental baggage he/she is carrying inside Each offender like everyone all have unique circumstances, mindset/frame of mind,attitude,values,motivation
mental/emotional state,education,ideology& Instilled ethics each as unique as fingerprints & DNA! This coupled with the the 2 innate common denominators ALL OFFENDERS/INMATES HAVE:FEAR& LOSS OF CONTROL! Now throw in withdrawal from Drugs/ETOH & EVEN NICOTINE pending or imminent loss of Spouse, kids,home/Apt.car,job,belongings ,friends,reputations even pets!! ESPECIALLY A NEW OR 1ST. TIME OFFENDER.. Now EVEN the “The Jail’n” recidivists the career criminals doing life on the installment, who have nothing except perhaps a half dozen or so kids many of whom they never met! LITTLE OR NO EDUCATIONAL OR VOCATIONAL SKILLS OR WORK ETHIC (Sorry damn caps) Many never had nothing nor nobody growing up, many are the 1st. generation crack babies who have now entered adult hood ,which is much different from your fathers Heroin Baby back in the day, as I have explained to DOC,Medical/Mental Health & C.J staff in some of my classes: At a minimum at least a Smack mom would nod off holding her child (True it might have been with a lit Newport in her Grill) But the Crack Mom is always chas’n that high Crack kids left alone for extended periods of time in shit loaded diapers & cribs totally isolated & not nurtured manifesting Failure to thrive syndrome Going through life & now entering adulthood:Developmentally, vocationally, cognately & socially impaired! One of the saddest & scariest traits I have found is that they were /are so starved for attention they try to get it the only Pavlovian way they know how Negatively by acting/lashing out They will spit on or even violently assault a Cop/Staff break a sprinkler head, flood a cell,smear feces ,self mutilate & often gesture or initiate a suicide attempt(I have seen a few go wrong w/fatal results!)Some actually admitted to me that they delight in being restrained or 4 pointed When I ask why? They Often say they don’t know. But I/we know it’s just 4 the human touch!!

An Offender/Inmates use of his time is contingent on many factors attitude, family,support,ethics & initiative mean a lot but as I tried to point out as in the case of The crack baby tragedy,neglect,abuse,misfortune ,intellect etc. among many,many others play a role …I would really like to elaborate on the initial impedes for your question & a very serious case I was involved with that shows how twisted fate can be especially in the Jail or Prison environment..which I will continue in another post shortly
TO BE CONTINUED…

Regarding Molly B. in Germany:

I EMPHATICALLY BELIEVE THAT IN ORDER FOR “CORRECTIONS” TO WORK EFFECTIVELY SOCIETY,POLITICIANS,THE LAW ENFORCEMENT & CRIMINAL JUSTICE SYSTEM AND CORRECTION ADMINISTRATION HAS TO CHANGE IT’S MYOPIC VIEWS, PERCEPTION & DEFINITION OF CORRECTIONS AS A WHOLE:To stop the revolving door ,to reduce crime, & to be truly effective & “PROTECT THE PUBLIC” and to provide a safe clean environment to rehabilitate & prevent offenders from re offending…Corrections has to extend beyond the walls & HAS TO START IN THE COMMUNITY BEFORE OFFENDERS OFFEND OR RE-OFFEND!
Having said this the “Lock-up/incarceration aspect is/should be the last, & for some the only resort as I have said ‘It is a very negative, “BREEDING GROUND FOR APATHY & CONTEMPT”
fEAR IS ALWAYS IN THE AIR, & THE POTENTIAL FOR DANGER IS CONSTANT AND POTENTIAL FOR TRAGEDY ALWAYS PRESENT IN A WORLD RUN BY STRICT BLACK & WHITE POLICY & DIRECTIVES .NOW FOR MY STORY REGARDING A FATHER FRUSTRATED WITH HIS SON’S HEROIN ADDICTION, WHO WE CALLED AFTER HIS SON FINALLY GOT ARRESTED FOR HIS ILLNESS…The Father a Dominican immigrant who worked hard to buy & run a very successful Bodega offering his only son a good Middle Class up bringing…As I recall it was a good 12 years ago and at the time I was the first officer hand picked & promoted to the states new maximum security Level 5 (criminal) Intensive Mental Health unit . Ours was a special unit with the specialized ancillary staff to handle any & all of the the states most unstable offenders. We got the kid who I believe was 25 from New Haven which is a jail as in “un-sentenced/accused although we took prisoners from all of the Depts Facilities , we primarily dealt with my case load of sentenced lifers many of whom were some of the states most infamous murderers but had committed their heinous acts prior to the re enactment of the death penalty. I had just went into the unit to tell my boss I was taking off. He said to hang on a minute we got a real live wire here!! The offender who was going through Severe Heroin withdrawals, was in a state of rage extremely hostile, verbally abusive, sitting, demanding to call his father back , who evidently told him to pound sand when the kid called him from the jail!! I remember 3 things 1. He was one of the most bitterly enraged person’s I had seen in recent times,2 he was extremely tall (Especially for a Hispanic)maybe 6-7 0r 8 with ectomorphic features,3 It was a Friday on a 3 day Holiday weekend! Tuesday a.m we had or ‘Mon.” Team meeting He had been very hostile, abusive & threatened the nurses!! As a result do to his propensity for violence he was not allowed out of his cell for the mandatory 1 hour a day (ALL PRISONERS CAN ONLY BE LOCKED DOWN 23 HOURS A DAY BY LAW,THEY HAVE TO BE LET OUT IN SEGMENTS OR AS A WHOLE FOR A FULL 60 MIN. UN LESS JUSTIFIED & DOCUMENTED VIA AN OFFICIAL INCIDENT REPORT.)
As he screamed insults & was urinating on the plexi glass window his case counselor said hey Do you know what his bond is??..50 bucks!! We tried imploring with the father to perhaps consider sending him into a program, But the father said it’s been done ,”keep him in there! It will do him good!!”
The units Psychologist, who had hoped to reason with him so he could come out!! He approached us a short time later Looking a little miffed, which was out of character!! & Demanded we charge him with “Threats” I don’t know what he said as I referred him to the desk officer ..but he had been incessantly threatening total destruction of us, our families, neighbors & dogs!! that was a first!!
My unit mgr. Asked me to come with him to break the news,that he won’t be coming out today..Startled we both jumped back when he threw an orange juice container full of urine at the plexiglass window in front of us!! He said in short choppy sentences … I show you ..i show you as he paced back & forth my boss had just gone back to his office …When the kid put his head in the stainless sink (The water had already been shut-off to thwart flooding) He assumed a push-up position ..After a few seconds as I was digesting the scene before me ..he said ..i gonna show you all I’m getting out of here!! & resumed his position I watched for a few seconds , observing that he had arm movement , I said screw it ,good enough for me & asked the nurse to get a 4 pt restraint order.. I popped my head in the bosses office & told him about my request & for him to take a look… frustrated he told the kid I.m getting my video camera so I can tape you for the judge ,you’ll never get out , I saw him lift his arms as if to flip us off, but they only half flexed… a few seconds later they dangled , I tried to see if noise would produce a response. I know this is the oldest decoy game in the book but I guess my EMS instincts told me different !! I called out to Ed , I said hey I wanna go in!! which is against the rules alone ..but I was always cut a little slack for my unorthodox methods he said you can’t no way, We gotta get a team!!( THE DEPT. OF CORRECTION HAS MANY TYPES OF SPECIAL UNITS & TEAMS THE MAIN ONES BEING:HONOR GUARD, K-9, C E R T: REGIONAL UNITS COMPRISED OF ELITE FIT OFFICERS HIGHLY TRAINED IN BASIC SWAT, RIOT CROWD CONTROL FOR CORRECTIONAL EMERGENCIES, S O G TEAM: OFFICERS TRAINED IN ADVANCED SWAT & SPECIAL FORCES TACTICS, MORE ADVANCED FIREARM & SNIPER SKILLS ETC & FINALLY AT A UNIT OR FACILLITY LEVEL S.E.T.OR MORE COMMONLY THE CELL EXTRACTION TEAM COVERED IN PADDING & KEVLAR VESTS HELMETS, GASMASKS & SHIELDS THESE OFFICERS SUDUE & RESTRAIN VIOLENT INMATES , THAT ARE NON COMPLIANT WITH LAWFULL ORDERS) /, If you go in & he fights win or loose how we going to explain it
How’s that 4 pt. Order coming? A call was made to suite up a S E T team but by the time the officers are called from where they may be & get geared up can be a good 15-20minutes …I slammed a plastic chair against the cell window …not a twitch…The unit m.d arrived & I told my boss what I had , he said o.k take CTO H –GO! I had him by the back of his neck & I realized he was actually wedged, after a little manipulation he was free , First thing I noticed :His pupils were fixed & dilated !!we started bagging & CPR Most of the Nurses for DOC have no Emergency Medical Training so the Doc asked me to put in an E-T tube !! I had to respectfully decline !! But I did get his pulse back!! For the next few years he lied in a Chronic Vegetative state completely & irreversibly Brain Dead he has since past!! The family sued Ct. for 50 million we all were indemnified! To save money the state made an out of court settlement!! For other technical rules of procedure… MORAL “CORRECTIONS BEGINS AT HOME” This kid was obviously used to getting his way!!. A swift kick in the can, Can prevent a trip to the can!”

I don’t think it matters what your point is when you euphemize criminal behavior in such a manner.

And, admit it, you feel worse for some criminal paying for his crime than you do for a crime victim cheated out of justice. That’s fine, of course–your opinion.