Category Archives: psa

When I was your age, we had executions AT the fundraisers!

If there’s one thing Republicans love, it’s their executions. If there’s one thing they love more than executions, it’s money. If there’s one thing they love more than executions and money, it’s politics. If there’s one thin- fundraisers. That’s what I’m getting to.

So what happens when two public spectacles which exist only for the purpose of pandering to the lowest common denominator collide? Money wins.

Kids: money always wins.

And so Pam Bondi, Attorney effing General of the State of Florida got her buddy Rick “Let’s Speed Up Executions Because We’re Doing Such A Fine Job Of Making Sure We Always Have The Right Guy” Scott to nonchalantly postpone an execution scheduled to take place on Monday.

Because Bondi needed to get some money to keep her job.

After Scott last month rescheduled the execution for Sept. 10, the date of Bondi’s “hometown campaign kickoff” at her South Tampa home, Bondi’s office asked that it be postponed. The new date is Oct. 1.

Scott said Monday that he did not know the reason for the request, and he declined to answer when asked whether he considers a campaign fundraiser an appropriate reason to reschedule an execution.

Here, laid before you in the barest terms possible is your “victim’s rights”. Here is your “tough on crime” and “vengeance” and “justice” and all that supposedly makes it worth having a death penalty.

All of that. An inconvenience to a politician who wants money. Here it lies before you, exposed as nothing more than another tool to get your vote and your dollar.

Do half of these blood-thirsty politicians even care about the death penalty by itself? Or do they care more about it as an instrument that legitimizes their existence?

And, despite your best efforts to convince yourself otherwise, is there no part of you that cringes at the thought that a man’s life is being toyed with so?

Is the irony lost? We, who seek to punish those who kill to teach a lesson about the value of life do so without any notion of exhibiting that very value. Human life is precious and must be treated with respect, we say as we cavalierly bring a man to the precipice of the after-life and then yank him back at the last minute because something shiny caught our attention.

We kill to teach that killing is bad, but we do it with such haphazard and imprecise abandon that one is but forced to come away with the opinion that maybe this killing thing isn’t such a big deal at all.

I want no part of any of this and neither should you.

St. John Parish: We, too, record you without your knowledge!

Hello? Can you hear me now?

Hello? Can you hear me now?1

If you’re ever in St. John the Baptist Parish in Louisiana (and really, after reading this post you should avoid it at all costs), make sure you don’t ever call the police. If you do call the police, pray to St. John the Baptist that you merely get arrested instead of shot and killed.

If you do go to St. John the Baptist Parish, and if you do call the cops and if you do somehow miraculously survive their almost-standard-issue shooting of you and you do end up arrested and alive, be aware that their Sheriff video records all private conversations you have with your attorney.

Scott mentions this recording in his post linked to above, but in an uncharacteristically muted way. I suspect there is some outrage fatigue here, so I’ll take up the cudgel:


Judge imposes blanket internet ban on sex offender

Right on the heels of my post last week1 about a North Carolina Court of Appeals ruling holding that the state’s social media ban for sex offenders was unconstitutional, a judge right here in the idyllic town of Vernon, CT2 has apparently ordered a man to stay off the internet for the entire period of his 10 year probation.

Just, all of it. No emails, no Youtube, no Facebook, no Facebook, no Facebook, no Twitter, no Tumblr or Kickstarter or whatever the hell these kids are watching these days. Heck, no New York Times or CNN or Hartford Courant or WhiteHouse.Gov or SignThisEPetition.Com or whatever the web will become in 4 years’ time which is when he will get out of jail3.

Gregory Lindsey was sentenced to 10 years, suspended after 4 years in jail, followed by 10 years probation for possession of child pornography in the second degree, which is a subject I wrote about just the other day.

How do you solve a problem like Brady? Liu-k no further.

Liu-k? Is that pronounced lieuk? Loo-K? Look? I don't get it.

Liu-k? Is that pronounced lieuk? Loo-K? Look? I don’t get it.

Scott wrote yesterday about a blisteringly ineffectual 4th Circuit opinion in U.S. v. Bartko [PDF], which was notable not only for its lengthy reprimand of the Brady practices of the U.S. Attorney for the Eastern District of North Carolina, but more so for its complete failure to do anything about the numerous Brady violations it noted. Via Scott:

And yet every defendant’s conviction is affirmed because the failure to disclose Brady did not undermine the court’s “confidence” that they were guilty. But the bleeding doesn’t stop here. Lest the Circuit’s admonishment of the fine men and women prosecutors hurt anyone’s feelings, it adds:

“We do not mean to be unduly harsh here.”

But the court had no choice, faced with the rampant and recurring concealment of Brady and Giglio.

“Whatever it takes, this behavior must stop.”

Or what? After the 100th time the government has been caught doing the dirty, the Chief Judge will snap his fingers in a Z shape and lecture the prosecution on the importance of being earnest? What it takes is a court with the balls to do its job and uphold the defendant’s constitutional rights, even if it’s absolutely sure the defendant is guilty. That could have happened at any time, and this time. And yet it didn’t.

As noted repeatedly here on this blog and almost everywhere else where someone with half a brain cell writes about criminal law, the problem with Brady is that it’s essentially unenforceable as long as there is no oversight and no will on the parts of judges to do the really hard thing: punish prosecutors for violating their duty by reversing convictions and referring them to grievance committees.

Maybe, though, just maybe that is catching on. First there was Judge Sheldon’s blistering opinion a few months ago, reversing a conviction for “a deliberate pattern of improper conduct” by the prosecutor.

Then, there was this recent story out of Alaska that involved a suspension of a former prosecutor for hiding exculpatory evidence in a murder case:

Asking for a lawyer is not evidence of guilt


When the United States Supreme Court decided that horrible Salinas v. Texas – that silence is not the same as invoking your right to silence – it left many questions unanswered: primarily, if a person does invoke his right to be silent, can the prosecution still use that invocation as proof of guilt?

In Salinas, SCOTUS said that since Salinas had not properly invoked his privilege, his silence could be used against him. In a post providing commentary and analysis on that issue, Orin Kerr at Volokh asked two questions:

Finally, I have two major questions about how Salinas is supposed to work in practice. The first question is obvious: How clear an invocation of the Fifth Amendment right does it need to be?

Second, and perhaps more interestingly, it’s unclear to me what is supposed to happen when a suspect outside of custody clearly asserts his Fifth Amendment privilege.

The Second Circuit answered that second question today: the invocation is sacrosanct and cannot be used a evidence of guilt.

City wants defense lawyer to pay for wrongful imprisonment


You’re almost 18 right? No? 16? Well, let’s just pretend you said 17. Now smile for the camera while we destroy your rights1.

The lawyer for the city of Worcester acknowledges up front that his legal argument is frivolous and has no basis in the law2:

After the hearing, [the solicitor for the city of Worcester] Moore acknowledged there is no case, no precedent to cite to support the complaint against [defense attorney] Ryan.

But he’s doing it anyway, because anything to distract from the horrible violation of civil rights that his city inflicted on 18 year old Nga Truong. Truong, 16 at the time, was arrested because her son had stopped breathing earlier in the day. Police decided, as they often do, with no evidence and no basis other than they pulled it out of their collective asses, that she had killed him.

So they interrogated her3 for two hours, lying to her, threatening her and coercing her into confessing. Which she did4. Don’t kid yourself; you would have confessed too.

Her lawyer called it the worst interrogation he’s seen in 35 years, labeling it ‘psychological torture’. A judge agreed, suppressing her statement [PDF]. In that opinion:

When the judge, Janet Kenton-Walker, threw out Truong’s statements to police, she wrote that Truong “was a frightened, meek, emotionally compromised teenager who never understood the implications of her statements [to police].”

With no other evidence, the prosecutor had to drop the charges. But that didn’t stop him or the police chief from keeping their blinders on and backing their own:

Blech-er: confronting the venomous

Odious people tend to up the ante the most when they’re schilling something: like NY Law Professor Robert Blecker1, who’s got a book out about the death penalty. So naturally he takes to the beatified pages of CNN’s op-ed section to write an unholy screed about how lethal injection is just too easy.

When the condemned killer intentionally tortured helpless victims, how better to preserve some direct connection short of torture than by that murderer’s quick but painful death? By ensuring death through anesthesia, however, we have nearly severed pain from punishment.

An unpleasant life in prison, a quick but painful death cannot erase the harm. But it can help restore a moral balance. I, too, oppose lethal injection, but not because these untried new drugs might arbitrarily cause pain, but because they certainly cause confusion.

So what is his solution?

Publicly opposing this method of execution, I have found odd common ground with Deborah Denno, a leading abolitionist scholar who relentlessly attacks lethal injection protocols. Although Denno vigorously opposes all capital punishment, we both agree that the firing squad, among all traditional methods, probably serves us best. It does not sugarcoat, it does not pretend, it does not shamefully obscure what we do. We kill them, intentionally, because they deserve it.

Some people may support the firing squad because it allows us to put blanks in one of the guns: An individual sharpshooter will never know whether he actually killed the condemned. This strikes me as just another symptom of our avoidance of responsibility for punishment. The fact is, in this society, nobody takes responsibility for punishing criminals. Corrections officers point to judges, while judges point to legislators, and legislators to corrections. Anger and responsibility seem to lie everywhere elsewhere — that is, nowhere. And where we cannot fully escape responsibility — as with a firing squad — we diffuse it.

Both Greenfield and Gamso have taken this on today, with Scott pondering the value of televising and making executions a public spectacle once again:

But it’s made me consider whether the issue would be best brought to a head by putting executions on the television, prime-time, hosted by someone who used to be on MTV, so that all the agnostics who are kinda for it without having to give themselves headaches by thinking too hard can watch it in high-definition.

and Gamso echoing Scott in that maybe, just maybe, we all don’t have this bloodlust of Blecker:

Except, you know, maybe not everyone’s so hot to kill.  Maybe not everyone thinks matching evil for evil is a moral command.  Maybe some of us absorbed the lesson that two wrongs don’t make a right.  Maybe mercy is a higher value than retribution, more something we should at least aspire to.  And maybe those folks who just don’t trust the government to get it right have something there.

They both recognize – correctly – that not everyone is like Blecker and there are those2 who are moving in the opposite direction.

But there are more Bleckers out there than Gamsos and Gideons and Greenfields. The death penalty is still heavily favored across large swathes of the country. So who, exactly, are the Robert Blecker’s of the world? And what can be done about them? Let’s start with Blecker himself. From his “bio“:

With a gleam in his eye, Robert Blecker, a nationally known retributivist advocate of the death penalty, has managed to alienate both sides of the debate on the politically divisive and morally complex issue of capital punishment.  But his position as designated outcast is nothing new, nor is his strongly held conviction that the most vicious and callous offenders deserve to die and that society is morally obliged to execute those “worst of the worst” criminals.

His entire bio is a manifesto of his “outsiderness”, his “unpalatable” positions and his “radical” agenda.

His positions, however, are hardly radical when it comes to the death penalty. Retribution is a such a simple emotion and requires little to no thought. It is base, unadulterated and intoxicating.

“You hurt me so I hurt you.”

Forgiveness is difficult. It takes understanding. It takes swallowing of pride and absorbing the wounds of pain and humiliation. Revenge is easy. As with anger, it consumes and obfuscates. It takes over one’s entire existence.

And so people across the country succumb to its allure. “Hang him by his penis“, they shout. “All murderers should be executed.

These are our jurors. Our death penalty jurors. Some of whom might even be death-qualified. So what do we do about the Bleckers of the world? How do we confront that which is so venomous, just as Blecker would have those condemned confront the guns of a firing squad?

A commentator on a national listserve pointed out that one might be able to look at Blecker’s philosophy itself to counter this wall of rage and retribution.

Blecker makes much of executing only “the worst of the worst”.

Yet we all know that there’s no such thing. That “the worst of the worst” is an euphemism for the defendant du jour. There’s always someone, somewhere, who’s done worse. Or appeared to do worse.

In Lockett v. Ohio, the United States Supreme Court held that the decision to sentence someone to death must be based on an individual assessment of moral culpability.

The decision to vote for death is a deeply personal, moral and individual one. Even people like Blecker must be forced to admit that not every case is “the worst of the worst” otherwise that distinction will have no meaning to him.

The death penalty is a punishment imposed on an individual, not on an act. Acts may be the “worst of the worst”, but as applied to people, that term is meaningless. Because people are damaged and broken and flawed and disabled and mentally ill and provoked and oppressed and angry.

In the end, this approach perhaps covertly reinforces the abolitionist position all along: that no matter what people do, they are still people, individual human beings who don’t deserve to be summarily executed in anger, or in the name of some collective good.

So, Robert Blecker, you’re closer to a true abolitionist than you thought.