Showing posts with label justice. Show all posts
Showing posts with label justice. Show all posts

Wednesday, November 10

Class injustice


A redditor comments:
I'm in Law School and this illustrates how bad the system is rigged to favor the wealthy, and literally nothing can be done to change it.

Just as an example: The Plea Bargain - which the homeless guy most likely took.

The plea bargain is supposed to keep the court free and moving along, but what it does to the poor who can't afford a lawyer, is forcing them to plea to charges they are likely not even guilty of simply because their lawyer doesn't have the time or money to fight them (PubDef)

The AIG guy has a lawyer who will bury the ADA in paperwork. The ADA knows this, but has to get this guy in jail, but the AIG guy lawyer is good, and knows that he can drag out a trial over the next 2-4 years... the ADA doesn't want to do this... he's got fucking murders to try, so he offers the AIG [just] 4 years for a far more heinous crime... and he takes it, because no matter how well his lawyer fought, 2-4 years later, he'd be doing 20... the state just doesn't have the resources to take rich people to jail for 20 years.
Another adds the sort of explanation I was more familiar with:
I think it is more of how the laws are written, the poor guys was probably charged a federal crime for stealing from a bank. That is usually a violent crime, and as such carries a minimum amount of prison time much higher than fraud that isn't a violent crime.

Monday, January 25

True Financial Injustice

Andrew linked to James Fallows' guide to impressive journalism.

As Fallows says, his first NPR link about the bail-bond system is absolutely riveting.

Give it a listen as you get some work done.

Tuesday, November 17

Former soldier faces jail for handing in discarded gun

Guildford, UK - A former soldier who handed a discarded shotgun in to police faces at least five years imprisonment for "doing his duty".

Paul Clarke, 27, was found guilty of possessing a firearm at Guildford Crown Court on Tuesday – after finding the gun and handing it personally to police officers on March 20 this year.

The jury took 20 minutes to make its conviction, and Mr Clarke now faces a minimum of five year's imprisonment for handing in the weapon.

In a statement read out in court, Mr Clarke said: "I didn't think for one moment I would be arrested.

"I thought it was my duty to hand it in and get it off the streets."

The court heard how Mr Clarke was on the balcony of his home in Nailsworth Crescent, Merstham, when he spotted a black bin liner at the bottom of his garden.

In his statement, he said: "I took it indoors and inside found a shorn-off shotgun and two cartridges.

"I didn't know what to do, so the next morning I rang the Chief Superintendent, Adrian Harper, and asked if I could pop in and see him.

"At the police station, I took the gun out of the bag and placed it on the table so it was pointing towards the wall."

Mr Clarke was then arrested immediately for possession of a firearm at Reigate police station, and taken to the cells.
Alex Massie is enraged:
[..] assuming that these are all the relevant facts, this is worse than absurd: it is monstrous. Next time you hear a copper complaining that people don't respect the police think on this and remember that if the police are mistrusted it is, at least in large part, because they have often forfeited the right to be trusted. This story, extreme as it may be, reaffirms that.

The law is clearly at fault here, but that doesn't excuse the willful, even vindictive abandonment of common sense in this instance. This isn't a miscarriage of justice, it's a betrayal of justice and with the exception of Mr Clarke all concerned, including the jury, should be ashamed of themselves.
NRO adds:
The legal explanation for this fiasco is that possession of a gun without a permit is a 'strict liability' offense (ie there are no excuses) which carries a mandatory (ah yes, those mandatory minimums again...) sentence of at least five years. The real explanation is, of course, that the law is insane.

Monday, November 16

Why is the trial a problem?

Josh Marshall counters:
[..] most of the criticism comes under three distinct but related arguments:
  1. Civilian trials give the defendants too many rights and protections and thus create too big a risk they'll get acquitted and set free.
  2. Holding the prisoners and trial in New York City puts the city's civilian population at unnecessary risk of new terror attacks.
  3. Holding public, civilian trials will give the defendants an opportunity to mock the victims, have a platform to issue propaganda or gain public sympathy.
The first two arguments strike me as understandable but basically wrong on the facts. The third I find difficult in some ways even to understand and seems grounded in bad political values or even ideological cowardice.

(continued)

Saturday, November 14

Quote of the day

"After eight years of delay, those allegedly responsible for the attacks of September 11th will finally face justice. They will be brought to New York -- to New York -- to answer for their alleged crimes, in a courthouse just blocks away from where the twin towers once stood."

Eric Holder, U.S. Attorney General

Friday, November 13

What is this 'rule of law' and 'due process' you speak of?

Khalid Shaikh Mohammed, the self-described mastermind of the terrorist attacks of Sept. 11, 2001, and four other men accused in the plot will be prosecuted in federal court in New York City.

Update: Redstate goes bonkers. The action alert I also received:
Stop Obama From Importing Terrorists Stateside

[..] the terrorist will get all the rights afforded an American citizen in a criminal trial, including the right to a fair trial, the right to a taxpayer funded attorney, the right to review all the evidence against him, potentially including classified intelligence matters, the right to exclude evidence against him including, potentially, any confession obtained through enhanced interrogation techniques, etc.
Horror of horrors!

Monday, October 19

Change finally comes—Feds lay off medical marijuana

WASHINGTON (AP) - Federal drug agents won't pursue pot-smoking patients or their sanctioned suppliers in states that allow medical marijuana, under new legal guidelines to be issued Monday by the Obama administration.

Two Justice Department officials described the new policy to The Associated Press, saying prosecutors will be told it is not a good use of their time to arrest people who use or provide medical marijuana in strict compliance with state law.

The guidelines to be issued by the department do, however, make it clear that agents will go after people whose marijuana distribution goes beyond what is permitted under state law or use medical marijuana as a cover for other crimes, the officials said.

The new policy is a significant departure from the Bush administration, which insisted it would continue to enforce federal anti-pot laws regardless of state codes.
Fourteen states allow some use of marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

California is unique among those for the widespread presence of dispensaries - businesses that sell marijuana and even advertise their services. Colorado also has several dispensaries, and Rhode Island and New Mexico are in the process of licensing providers, according to the Marijuana Policy Project, a group that promotes the decriminalization of marijuana use.
Attorney General Eric Holder said in March that he wanted federal law enforcement officials to pursue those who violate both federal and state law, but it has not been clear how that goal would be put into practice.

A three-page memo spelling out the policy is expected to be sent Monday to federal prosecutors in the 14 states, and also to top officials at the FBI and Drug Enforcement Administration.
And the arc of the Universe curves a wee bit more towards justice.

Friday, October 16

Bankruptcy courts: ignore Chrysler bailout

Via NM:
[The NHL lawyer] barely got the word “Chrysler” out of his mouth before Judge Baum interrupted: “Let me say something about these two cases [the Chrysler and General Motors bankruptcies],” Judge Baum said during the Sept. 10 hearing, according to a transcript. “You know, those two cases were so unusual that I’m not sure how helpful the precedent of those two cases is to this court or any court. When the United States government comes in and says, ‘I’m going to buy’ what at one time was the biggest company in America… I mean, I had to get a little smirk when I thought of that poor pension manager from Indiana who was trying to fight that. It was kind of like the gentlemen in Tiananmen Square when the tank came rolling.”

Sunday, July 12

Justice sans politics

U.S. Attorney General Eric Holder is considering appointing a special prosecutor to investigate Bush administration crimes.  This very welcome news will no doubt meet with protests from the usual suspects (Republican hacks) calling it a partisan witch-hunt.  So, I propose: why not take the politics out of it?  Perform a thorough investigation but embargo results until the second half of November, 2012.

Update: Greenwald thinks this may be the worst of both worlds because it doesn't go after higher-level Bush officials and would treat John Yoo's work as the settled law of the time, i.e. only prosecute those who went beyond it. Maybe he's right, but I still think some level of accountability would be better than none--and if people really did exceed Yoo's bounds then, well, aren't those people worse than Yoo?

Thursday, July 2

"Homosexuality Is No Crime": Lawrence v. Texas goes to India



Via TMV, the Delhi High Court rules homosexuality legal:
"In our view Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconception of who the LGBTs (lesbian gay bisexual transgender) are... It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual,"

Monday, June 29

Ricci and judicial politics

publius has an interest post on the politics of Ricci. My (quite amateurish) takeaway from the commentaries I've been reading is threefold:

a) The circuit ruling that Sonia Sotomayor decided applied the correct precedent, notwithstanding how unfair the reverse discrimination seemed to many of us.

b) The Supreme Court overturned this with a new rule, which is their prerogative. This does not reflect on the appropriateness of the circuit decision, which was correct given the precedents. But the new rule is a welcome development for those of who want to live in a more colorblind world.

c) After devising this rule, publius argues, the court made a procedurally innappropriate summary judgement, not sending the case back to trial for more fact finding, which he deems "pure politics".

Wednesday, June 10

Procedure over innocence

I had been ambivalent about Sonia Sotomayor's nomination, but her refusal to hear evidence in the case of Jeffrey Deskovic is very disturbing. Where's the vaunted empathy?

Sunday, June 7

Good ol' American solutions

U.S. doctors discourage medical tourism by being easier to sue:
..the potential difficulty in suing foreign doctors appears to be the chief differentiator, and the primary argument in favor of good-old-American-surgery,” DrRich writes. “The surgeons, in essence, are saying, ‘Let us do your surgery, because we’re easier to sue if we screw up.’”

Thursday, June 4

"Trained Champions of the Two Sides"

This diavlog's title is ironic because I think Yglesias and Poulos actually are the bloggy left and right's most diplomatic and enlightened young champions.

Conor highlights this insight of why people mistrust justices:



Like another commenter there, I was annoyed to hear Poulos apply the 60% reversal canard. But overall a solid diavlog, including a thoughtful discussion of gay marriage from the top.

Wednesday, June 3

"Defending Life Requires Law"

First Things has a Christianist perspective on why killing Dr. Tiller was justified but wrong:
To the principles of innocence and necessity we need to add a third principle, what the Catholic tradition calls "legitimate authority." The main body of the Christian tradition allows that we have a right to self-defense, and even insists that we have a duty to defend others. However, when it comes to calculated, premeditated, and methodical use of force the tradition is very clear: No individual can take justice into his or her own hands.

A number of pro-life groups zeroed in on this aspect of Tiller's murder. From Operation Rescue: "We denounce vigilantism and the cowardly act that took place this morning." The National Right to Life Committee condemned "any such acts regardless of motivation. The pro-life movement works to protect the right to life and increase respect for human life. The unlawful use of violence is directly contrary to that goal." The Family Research Council: "We strongly condemn the actions taken today by this vigilante killer."

The emphasis on "unlawful use of violence," the evocation of "vigilantism," and the description of Tiller's killer as a "vigilante killer" are all exactly right. We are all sinners, but it is painfully obvious that Dr. George Tiller acted in wanton disregard for the sanctity of life. Killing him did not violate the principle of innocence. Moreover, he gave no evidence of stopping. As a result, perhaps something like the principle of necessity can be satisfied. But it is certainly obvious that his killer was acting as the law unto himself. He arrogated to himself the roles of jury, judge, and executioner. He violated the principle of legitimate authority.

We live in an age that makes revolutionaries into celebrities and unrepentant terrorists into community leaders. By and large, our progressively minded elites pride themselves on questioning legitimate authority, and antiglobalization zealots can be counted on to riot at WTO meetings. Not surprisingly, therefore, the principle of legitimate authority leaves us cold. Isn't the very notion of legitimate authority part of a complacent, Establishmentarian mentality? Who really cares about narrow, technical questions of legality when fundamental questions of justice are at stake?

[...] Our legal regime clearly suffers from the corruption of human sinfulness. Abortion is legal. As St. Thomas taught, unjust laws have "not so much the nature of law as of a kind of violence." So there we have it, a painful fact. In America, abortion is a legalized illegality, a socially permitted injustice.

Eric Rudolph bombed several abortion clinics in the late 1990s. He wrote the following to justify his actions: "The fact of the matter is that if you recognize that abortion is murder but do not recognize the right to use force to prevent this murder, then the only logical conclusion is that you do not consider that the unborn have a legitimate claim to life."

The syllogism seems so pure, so morally heroic, so rigorous-and yet it represents a far greater threat to the culture of life than the shameful fact that abortion is legal in America. To take a gun into your hand and presume to become the instrument of a greater, supra-legal justice represents a fundamental assault on the very idea of legitimate authority.

It is a moral luxury for modern men and women to discount the tremendous importance of the principle of legitimate authority. Go to a collapsed African country where warlords rule and the raw lust for power dominates. There you will see that that the rule of law is not a narrowly technical or complacently legalistic social good. A legitimate, functioning government is the precondition for civilization. It is the very basis for any successful collective effort to respect life.

I have always loathed revolutionary vanguards, terrorists, and assassins. I have never felt any attraction to John Brown. On the contrary, he strikes me as a dangerous man who was capable of horrible crimes. The same holds for Che Guevara and others. They have imagined that the noble truth of their cause justifies their disregard for the laws of society. But law transcended is law destroyed, and law destroyed invites barbarism, as the history of the twentieth century so sadly illustrates.

Pro-life leaders rightly condemn vigilante violence. It is a principled stand, not a public relations maneuver. Legitimate authority restrains the grossest forms of evil. The existence of a civil society allows us to exercise our consciences on behalf of the unborn rather than being absorbed by the cruel need to fight for our own survival. The rule of law provides the fundamental condition for any right-to-life movement that seeks to protect real lives rather than to congratulate itself on its moral purity.
In other words, if you really believe abortion=murder, then killing Dr. Tiller was morally just in a vacuum. However, it's impractical because it undermines the rule of law and civil society—things you need if you want to go on protecting life.

Pro-life leaders condemn vigilante violence not because they believe it is morally unjust, but because undermining the rule of law creates bigger problems. This is a practical moral calculus, not a pure one.

My previous posts on the logic of killing Dr. Tiller focussed on the pure moral calculus, without taking into consideration the effect of undermining the rule of law.

So, logically, those who believe abortion=murder ought to regard vigilante killings as morally just in isolation. But undermining the rule of law in a way you think justified creates two problems.

Most immediately, it gets the feds on your ass.

But assuming you're prepared to deal with that (e.g. trying to be a martyr), in sufficient numbers it's like a country going nuclear. There is a mutually assured destruction.   If anti-abortion activists took up arms en masse against abortion providers, then pro-abortion activists would feel equally justified in retaliating—for in their calculus, doctors and mothers are the innocents—and fetuses simply nonpersons.

Such a conflict would tear civil society apart—or at least, the parts of it surrounding the activists and providers—which is why the mainstream of both sides is committed to shunning vigilantism.

Tuesday, June 2

Logic 101: Killing Tiller, if unjustified, proves that abortions are not like murder

(meme) I've been ruminating about this, but Slate says it better than I can:
If abortion is murder, the most efficient thing you could have done to prevent such murders this month was to kill George Tiller.

Tiller was the country's bravest or most ruthless abortion provider, depending on how you saw him. The pregnancies he ended were the latest of the late. If your local clinic said you were too far along, and they sent you to a late-term provider who said you were too late even for her, Tiller was your last shot. If Tiller said no, you were going to have a baby, or a dying baby, or a stillbirth, or whatever nature and circumstance had in store for you.

To me, Tiller was brave. His work makes me want to puke. But so does combat, the kind where guts are spilled and people choke on their own blood. I like to think I love my country and would fight for it. But I doubt I have the stomach to pull the trigger, much less put my life on the line.

Several years ago, I went to a conference of abortionists. Some of the late-term providers were there. A row of tables displayed forceps for sale. They started small and got bigger and bigger. Walking along the row, you could ask yourself: Would I use these forceps? How about those? Where would I stop?

The people who do late-term abortions are the ones who don't flinch. They're like the veterans you sometimes see in war documentaries, quietly recounting what they faced and did. You think you're pro-choice. You think marching or phone-banking makes you an activist. You know nothing. There's you, and then there are the people who work in the clinics. And then there are the people who use the forceps. And then there are the people who use the forceps nobody else will use. At the end of the line, there's George Tiller.
Now he's gone. Who will pick up his forceps?

Tiller's murder is different from all previous murders of abortion providers. If you kill an ordinary abortionist, somebody else will step in. But if you kill the guy at the end of the line, some of his patients won't be able to find an alternative. You will have directly prevented abortions.

That seems to be what Tiller's alleged assassin, Scott Roeder, had in mind. According to the Washington Post, Roeder told other pro-lifers that he condoned deadly violence to stop abortions. He admired the Army of God's "Defensive Action Statement," which endorses the murder of abortion providers on the grounds that "whatever force is legitimate to defend the life of a born child is legitimate to defend the life of an unborn child."

Is that statement wrong? Is it wrong to defend the life of an unborn child as you would defend the life of a born child? Because that's the question this murder poses. Peaceful pro-lifers have already tried to prosecute Tiller for doing late-term abortions they claimed were against the law. They failed to convict him. If unborn children are morally equal to born children, then Tiller's assassin has just succeeded where the legal system failed: He has stopped a mass murderer from killing again.

So is Roeder getting support from the nation's leading pro-life groups? Not a bit. They have roundly denounced the murder. The National Right to Life Committee says it opposes "any form of violence to fight the violence of abortion," preferring instead "to work through educational and legislative activities to ensure the right to life for unborn children, people with disabilities and older people." Americans United for Life agrees that it was wrong to kill Tiller because "the foundational right to life that our work is dedicated to extends to everyone."

I applaud these statements. They affirm the value of life and nonviolence, two principles that should unite us. But they don't square with what these organizations purport to espouse: a strict moral equation between the unborn and the born. If a doctor in Kansas were butchering hundreds of old or disabled people, and legal authorities failed to intervene, I doubt most members of the National Right to Life Committee would stand by waiting for "educational and legislative activities" to stop him. Somebody would use force.

The reason these pro-life groups have held their fire, both rhetorically and literally, is that they don't really equate fetuses with old or disabled people. They oppose abortion, as most of us do. But they don't treat abortionists the way they'd treat mass murderers of the old or disabled. And this self-restraint can't simply be chalked up to nonviolence or respect for the law. Look up the bills these organizations have written, pushed, or passed to restrict abortions. I challenge you to find a single bill that treats a woman who procures an abortion as a murderer. They don't even propose that she go to jail.

If you don't accept what he did, then maybe it's time to ask yourself what you really believe. Is abortion murder? Or is it something less, a tragedy that would be better avoided? Most of us think it's the latter. We're looking for ways to prevent abortions—not just a few this month, but millions down the line—without killing or prosecuting people.
Bottom line: If you really think Tiller's murder was reprehensible, and that killing him to prevent abortions was wrong, then you can't really believe abortion is a murder equivalent to killing a born babe.

Otherwise, to be consistent, you would also have to be a wild-eyed nonviolent pacifist who is against killing a mass murderer to stop him from murdering more young children, old, or disable people, etc.

In sum, there are three possibilities:

1) You think Tiller's murder was justified
2) You are nonviolent like Gandhi
3) Or, if none of the above, then abortion isn't like murder—it's something different.

Friday, May 29

Thursday, May 28

Deep thought

If Sonia Sotomayor isn't an intellectual heavyweight, what does that make Harriet Miers?

Saturday, May 9

Necessity

Jay Bybee (.pdf):
It appears to us that under the current circumstances the defense of necessity could be successfully maintained against [an allegation of torture]
William Pitt, the Younger:
Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
I'm not entirely unsympathetic to arguments of necessity, but it's something for a jury to consider.  John Yoo, who wrote the torture memos Bybee signed off on, has suggested a defense try for jury nullification.  And I'm a big believer in jury nullification.

What I'm not a fan of is partisans thinking they have veto power over the investigation or prosecution of of members from their party. The US is a nation of laws, and if getting a blowjob merits investigation, war crimes surely do as well. You can't lose all regard for the rule of law when its your leaders who may have violated it—not if you want to be taken seriously.

(ht RBC)