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I'm a Judge and I Think Criminal Court Is Horrifying

440 pointsby juanplusjuanalmost 9 years ago

23 comments

bleachedsleetalmost 9 years ago
Several years ago, I was arrested on a hacking charge and got to see first hand the appalling nature of our legal system in criminal courts.<p>Normally, after your arrest, you have to have a hearing within 24-48 hours, but if they arrest you on a Friday as they did me, they are allowed to detain you for an extra day because it&#x27;s the weekend. I&#x27;m sure this is a tactic used often to frighten and goad people. My hearing was exactly as the judge in this article describes. There were lots of minor, non violent offenders in the court room with me, most minorities, and many couldn&#x27;t speak English well at all. The judge would openly mock them and condescend. One man obviously had no idea what he was even pleading to because his English was so poor.<p>Once I got to higher court for my actual sentencing, it was no different. The judge didn&#x27;t even read my case and the clerk forgot to have it presented and available for the judge to review. My lawyer had to give him her own copy which he briefly skimmed without adjournment. I later discovered that the prosecuting attorney was good friends with the plaintiff and the investigating FBI officer assigned to my case.<p>The courts in America are a joke, the legal system is in bad need of an overhaul. I couldn&#x27;t believe the level of incompetence, racism, bias and prejudice existed there.
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rayineralmost 9 years ago
The criminal justice system can be jarring, even to those of us who are lawyers. I was a clerk for a judge in Philadelphia, and saw a ton of criminal convictions - usually drug cases - come up on appeal. Two things stuck out: (1) we jail a lot of people for stupid things; (2) there are a lot of bad people in these communities.[1]<p>I&#x27;d see someone appealing a sentence for selling some OxyContin and think, &quot;geez, what a waste of money to put this guy in prison.&quot; But he&#x27;s got a rap sheet a mile long - theft, robbery, assault, etc.<p>The treatment of the criminally-accused in this country is deplorable. But it&#x27;s also the product of a society that got fed up with skyrocketing crime a few decades ago and responded in a harsh and heartless manner. Crime is a lot lower today than it was in the 1990s, but even in the safest American cities murder rates are 5 times higher than big cities in Europe that aren&#x27;t even considered that safe (like Berlin). And crime is heavily concentrated in poor places like the Bronx.<p>And the usual canard - for profit prisons - isn&#x27;t even applicable here. Private prisons are illegal in New York. This isn&#x27;t lobbying at work, this is purely a product of the democratic will reacting to devilish social issues. That&#x27;s what makes it so hard to fix.<p>[1] I was also living in downtown Baltimore during the post-Freddie Gray unrest. I was disappointed to see the acquittals. At the same time, if I were in those cops&#x27; shoes, I&#x27;m not sure if have the moral strength to be any different. Society needs a certain amount of order to function. In much of Baltimore, that order doesn&#x27;t exist. Gangs are in charge and the law-abiding people of those neighborhoods are the biggest victims of that.
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twoquestionsalmost 9 years ago
And I hear from family and friends about how we &#x27;coddle&#x27; people in the system too much, and we&#x27;re not &#x27;tough&#x27; enough.<p>A large number of our people seem to think if we&#x27;re sufficiently cruel and inhuman to people accused of breaking the law, then people will magically stop getting suspected of breaking the law. It&#x27;s more than a little horrifying seeing people&#x27;s eyes light up when they talk about how our cops aren&#x27;t afraid to kill people and how merciless our prisons are.<p>This horrifying system is a symptom of our cruelty, and any move to make this more humane (or less of an atrocity) will face stiff resistance from people who get off on seeing people get punished.<p>I don&#x27;t know what I can do, or what anyone can do.
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chillwavesalmost 9 years ago
I had a friend who ended up with a drug related charge. When bailing them out, the bondsman, who was a conservative, ex cop, hardened and huge, told me how my friend was lucky to get the judge they got.<p>There were three judges in that court and one was known to be particularly rough. A defendant (drug charges, heroin) was asking for bail to be set, had secured a bed in a locked down rehab facility and the judge denied his bond. The bondsman said he had never seen someone leave the courtroom so broken.<p>Here is a case where a man acknowledges his crime, says he will do his time but wants more than anything to get clean. And securing a bed in a lock down rehab facility, besides being expensive, is not easy. Here is a case where the state had every interest in sending the man to rehab, even to save the cost of housing them in a jail, but the system doesn&#x27;t care. The DA, the judge, don&#x27;t care. Bail denied because the man had missed a hearing due to being in another jail after being picked up on the street with dope.<p>The bondsman said he sees this kind of thing every day. It was the rule, not the exception. People are just cycled in and out of the system. The addict will get locked up, released and locked up again.
ryanmarshalmost 9 years ago
I&#x27;ve observed the criminal justice system at work in Texas a few times. A murder case, some misdemeanors, a few felonies. I&#x27;ve seen it from arrest to prison life.<p>It is a dark and deeply depressing thing. There is little compassion for victims, the accused, the convicted. I could write a thousand words but it pains me to think about it.<p>I pray I never get falsely accused of a crime and I&#x27;m so glad I&#x27;m not black. If all the boring white folk who couldn&#x27;t fathom finding themselves so much as suspected of a crime had to go through the criminal justice system as the average YBM the system would be massively overhauled yesterday.<p>Most of the boring white folk I know think everyone in jail is a cold blooded psychopath who works out all day and dreams of stabbing people... &quot;hardened criminal&quot;.<p>The system is just full of unlucky humans. God knows I did shit in my youth I could still be in prison for. The extremely violent type are actually quite rare.
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foepysalmost 9 years ago
I never understood the concept of &quot;plea bargain&quot; in the USA that comes up in the article. Either somebody is guilty and should be convicted by a judge or they are not guilty and should have the chance for a fair trial. I can see that there are situations where they can be useful but they seem to be the norm instead of being used in certain, limited situations. Scaring somebody into pleading guilty for a lesser sentence is simply unfair and in my eyes undemocratic.
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tbihlalmost 9 years ago
I have some family friends, and their son recently got arrested for a felony drug dealing charge at the end of his spring semester at college. From what I understand, the police built this whole sting to catch the guy at his school mailbox when he got his shipment from whatever Silk Road&#x27;s current successor is. Anyway, he confessed everything and now he&#x27;s just waiting around, unable to get a job because interviewers invariably ask why he stopped school. Apparently having a job really helps in these cases.<p>Anyway, they remarked one day on the phone, &quot;we&#x27;ve never dealt with criminal Court, and we don&#x27;t know anything about it, except the lawyer doesn&#x27;t sound very optimistic. The only hope we have is because the system is so racist that being middle class and white might actually save us.&quot;<p>They also said something about how the police were pushing some angle about using Tor. I&#x27;m very concerned about that: I can just picture the ghost story that the prosecutors are going to tell some septuagenarian judge about this special internet for terrorists and arms dealers.
kafkaesqalmost 9 years ago
<i>I was shocked at the ​casual racism emanating from the bench.​ ​The judge explained a “stay away” order to a Hispanic defendant by saying that if the complainant calls and invites you over for “rice and beans,” you cannot go. She lectured some defendants that most young men “with names like yours” have lengthy criminal records by ​the time they reach a certain age.</i><p>Thereby instantly disqualifying herself from the privilege of serving on the bench. Ample grounds for impeachment, by any reasonable standard.
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will_brownalmost 9 years ago
&gt;Even I, as a bankruptcy judge, know that the point of bail is supposed to be simply to ensure that a person will return to court.<p>That is the point of posting bail, but that is not the standard of granting a defendant the right to post bail&#x2F;bond.<p>The standard is more along the lines of: a) is the defendant a flight risk; and b) does the defendant present a danger to the community.<p>As to b) it is not simply enough that the charges are non-violent, which seemed to shock this Judge. For example, DUI while not a violent crime generally one eligible for bail&#x2F;bond by default, may not be granted if, say, it is the 3rd or 4th DUI. Or if say the defendant was already out on bail&#x2F;bond and picked up a new charge, a Judge may revoke the bail&#x2F;bond on the 1st crime. I&#x27;m not claiming this is always how it works and the decisions are always just, but I just want to give a little more perspective.<p>As to the shock of the state of the courthouse, only a Federal Judge would find that shocking. Don&#x27;t get me wrong it&#x27;s a pleasure to practice in a gorgeous Federal Courthouse, complete with grand marble accents, but I&#x27;m of the opinion those types of luxuries are a waste of tax payer dollars.
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teddyknoxalmost 9 years ago
There&#x27;s a new HBO series called &quot;The Night Of&quot; that portrays the New York justice system this way.<p>Trailer: <a href="https:&#x2F;&#x2F;www.youtube.com&#x2F;watch?v=556N5vojtp0" rel="nofollow">https:&#x2F;&#x2F;www.youtube.com&#x2F;watch?v=556N5vojtp0</a>
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desdivalmost 9 years ago
&gt;Once the court officers caught their breath from laughing, they barked at him, “Where is your belt?” Of course, it was taken from him in the lockup, he said.<p>I don&#x27;t like to watch crime&#x2F;legal drama and even I know this. How does someone who work in the legal system <i>as a day job</i> not notice this?
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ak217almost 9 years ago
We need a better accountability system for judges. Even for those judges who are elected, the public is usually not meaningfully informed about the judge&#x27;s performance.
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ChuckMcMalmost 9 years ago
Great, where is the follow up with the judge in chambers? Don&#x27;t judges talk to each other? Standards and mores are upheld by peers not by individuals.
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jostmeyalmost 9 years ago
After reading this article, I have to wonder if the criminal court system is under funded and overworked. I think America&#x27;s core institutions have been under decay for some time now.
marklyonalmost 9 years ago
An actual criminal attorney in NYC did a far better job of deconstructing this judicial tourist&#x27;s article than I can: <a href="http:&#x2F;&#x2F;blog.simplejustice.us&#x2F;2016&#x2F;08&#x2F;13&#x2F;the-dilettante-judge&#x2F;" rel="nofollow">http:&#x2F;&#x2F;blog.simplejustice.us&#x2F;2016&#x2F;08&#x2F;13&#x2F;the-dilettante-judge...</a>
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epynonymousalmost 9 years ago
i must say, though i was in people&#x27;s court once trying to get my security deposit back from my landlady, which is by definition the lowest level court in the land, i too have many apprehensions about the &quot;fairness&quot; of the judicial system in america. that&#x27;s not to say that my 1 incident should be representative of the entire judicial system, as i still believe that there are lots of excellent examples of upstanding individuals, probably more so than bad ones, but the judicial system is powered by people and their interpretation of the law, and though with some checks and balances, people having unconscious biases and tend to work these around the system, just like her example of guns and butter, no one&#x27;s going to penalize that judge for this and she knows it.<p>my particular case was in quincy, mass, i remember the faces of the judge, deputy, and clerk that waited to put my case towards the very end after about 10 cases and all other people had left, behind closed doors, seemed i didnt understand much about the system back then, but this was an arbitration, under the guise of a court order to reappear for an appeal. the landlady, a chinese national, had lost the claim originally and had ninety days to appeal, she appealed after 138 days, and the court ordered me to show up with an official court summons. in looking back, i should not have showed up, i had no need to show up, this was over a measely 700-900 usd if i recall correctly. and the way the judge, clerk, and deputy nodded their heads in contempt of me as i spoke my case was so planned and orchestrated that in my mind i decided that this was useless and to go ahead and tear up the check that she was asked to pay me for my security deposit after the first decision which i hadnt even cashed because it was never about the money.<p>if these are the shenanigans in the lowest of courts, i wonder what things are like in the upper courts. my lesson from that day was 2 fold, try your best never to go the legal route, and the american system, although perfect in many ways, still cannot provide perfect justice.
peter303almost 9 years ago
Some of the modern courthouses reduce the courthouse violence problem with a &quot;triple entrance&quot; system, one for all the court personal, a second for defendants briefly released from county jail, and a third for public witnesses and spectators. You dont have the hallway encounters between the three parties you had in older facilities.
shams93almost 9 years ago
In Los Angeles it&#x27;s quite a bit more professional. When I served on a jury in a criminal case the judge was very professional.
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tomohawkalmost 9 years ago
And then you have politicians like Martin O&#x27;Malley using the system to further their careers at others expense.<p><a href="https:&#x2F;&#x2F;www.themarshallproject.org&#x2F;2015&#x2F;04&#x2F;29&#x2F;david-simon-on-baltimore-s-anguish" rel="nofollow">https:&#x2F;&#x2F;www.themarshallproject.org&#x2F;2015&#x2F;04&#x2F;29&#x2F;david-simon-on...</a>
Qantouriscalmost 9 years ago
A judge holding the court in contempt basically. And since the judge is part of the court, the court is holding the court in contempt.<p>Perhaps we need judged for judges.
jonduboisalmost 9 years ago
I wonder if that has something to do with the different level of &#x27;leniency&#x27; which is accorded in bankruptcy cases versus criminal cases.<p>My gut tells me that white-collar transgressions will always be punished less often (and less severely) than outright blue collar crime.<p>It sounds like the bankrupcy judge who wrote the article is surprised by the fact that the justice system actually punishes people for doing bad stuff.<p>Maybe it&#x27;s not the criminal justice system which is harsh - Maybe it&#x27;s her who is too lenient with her own cases...<p>Or maybe both need some recalibration.
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mLubyalmost 9 years ago
It&#x27;s heartening to read so many thoughtful posts about our justice system. Gives me some small hope for the future. :)
japhyralmost 9 years ago
This is what bothers me so much about the Trump campaign. Even though he&#x27;ll probably lose, he&#x27;s helped legitimize the kind of speech and attitude this judge demonstrates.<p>I&#x27;m hoping there&#x27;s a strong enough backlash that this kind of speech and attitude gets called out more often. I hope the long-term effect is not to make this judge&#x27;s behavior even more accepted.
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