[T]here are some human rights that are so deep that we can't negotiate them away. I mean people do heinous, terrible things. But there are basic human rights I believe that every human being has. The Universal Declaration of Human Rights in the United Nations says it for me. And it says there are two basic rights that can't be negotiated that government doesn't give for good behavior and doesn't take away for bad behavior. And it's the right not to be tortured and not to be killed. Because the flip side of this is that then when you say OK we're gonna turn over -- they truly have done heinous things, so now we will turn over to the government now the right to take their life. It involves other people in doing essentially the same kind of act."
(PBS Frontline: Angel on Death Row)
Tag: law government torture human-rights death-penalty capital-punishment right-to-life an-eye-for-an-eye criminal-justice criminal-justice-system death-row executions inalienable-rights right-to-live
A jury is always a more orthodox body than any defendant brought before it; for blacks it is usually a whiter group, for poor people, a more prosperous group...
Another lesson about the justice system: the way the judge charges the jury inevitably pushes them one way or the other, limits their independent judgment.
Tag: orthodoxy judicial-power criminal-justice-system impartiality jury jury-instructions
I am convinced that imprisonment is a way of pretending to solve the problem of crime. It does nothing for the victims of crime, but perpetuates the idea of retribution, thus maintaining the endless cycle of violence in our culture. It is a cruel and useless substitute for the elimination of those conditions--poverty, unemployment, homelessness, desperation, racism, greed--which are at the root of most punished crime. The crimes of the rich and powerful go mostly unpunished.
It must surely be a tribute to the resilience of the human spirit that even a small number of those men and women in the hell of the prison system survive it and hold on to their humanity.
Tag: justice prison punishment poverty homelessness greed racism retribution desperation imprisonment jail unemployment criminal-justice-system crimes cycle-of-violence incarceration
You can tell a lot about a country by its prisons. In hippy-dippy Socialist Sweden, rapists and murders (all three of them) while away their days making arts and crafts in what are essentially taxpayer-funded mental health clinics. The Swedes’ theory seems to be that a) anyone who commits such a crime must be crazy and b) with enough art therapy, the individual in question will soon become just another law-abiding, nude-sunbathing pot-smoker. In America, we think people in prison are either the victims of some terrible government conspiracy, the victims of “society”—whatever that means—or heinous evildoers. And if they are heinous enough, we fry them with electricity, unless of course they find Jesus first. The Swedes, in a nutshell, are tolerant and forgiving, verging on the naïve; Americans are religious and vengeful, suspicious of their government, and suckers for tear-jerking tales of redemption.
Maureen KloversTag: humor prison criminal-justice-system
The Defendant: I am pleading guilty your honors but I'm doing it because I think it would be a waste of money to have a trial over five dollars worth of crack. What I really need is a drug program because I want to turn my life around and the only reason I was doing what I was doing on the street was to support my habit. The habit has to be fed your honors as you know and I believe in working for my money. I could be out there robbing people but I'm not and I've always worked even though I am disabled. And not always at this your honors, I used to be a mail carrier back in the day but then I started using drugs and that was all I wanted to do. So I'm taking this plea to save the city of New York and the taxpayers money because I can't believe that the DA, who I can see is a very tall man, would take to trial a case involving five dollars worth of crack, especially knowing how much a trial of that nature would cost. But I still think that I should get a chance to do a drug program because I've never been given that chance in any of my cases and the money that will be spent keeping me in jail could be spent addressing my real problem which is that I like, no need, to smoke crack every day and every chance I get, and if I have to point people to somebody who's selling the stuff so I can get one dollar and eventually save up enough to buy a vial then smoke it immediately and start saving up for my next one that I'll gladly do that, and I'll do it even though I know it could land me in jail for years because the only thing that matters at that moment is getting my next vial and I am not a Homo-sapiens-sexual your honors but if I need money to buy crack I will suck. . . .
Sergio de la PavaTag: drugs trial law criminal-justice-system courts district-attorneys jury-trials plea plea-bargaining
It's hard to imagine any group of people being held in less esteem than we are by our clients. The overwhelming majority of them feel that we are either bumbling incompetents--after all if we're otherwise why aren't we in private practice making real money?--or, even worse, actively conspiring with the DA against them as evidenced by the fact that we know and appear to act friendly towards a lot of these people who are prosecuting them.
Sergio de la PavaTag: public-defense criminal-justice-system clients
There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice. (Cambridge University Press (September 29, 1989)
MontesquieuTag: injustice criminal-justice criminal-justice-system
No more self-defeating device could be discovered than the one society has developed in dealing with the criminal. It proclaims his career in such loud and dramatic forms that both he and the community accept the judgment as a fixed description. He becomes conscious of himself as a criminal, and the community expects him to live up to his reputation, and will not credit him if he does not live up to it.
Frank TannenbaumTag: crime criminal-justice criminal-justice-system
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