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Wednesday, January 30, 2013
Tuesday, January 15, 2013
Can Forgiveness Play a Role in Criminal Justice?
At 2:15 in the afternoon on March 28, 2010, Conor McBride, a tall, sandy-haired 19-year-old wearing jeans, a T-shirt and New Balance sneakers, walked into the Tallahassee Police Department and approached the desk in the main lobby. Gina Maddox, the officer on duty, noticed that he looked upset and asked him how she could help. “You need to arrest me,” McBride answered. “I just shot my fiancée in the head.” When Maddox, taken aback, didn’t respond right away, McBride added, “This is not a joke.”
Maddox called Lt. Jim Montgomery, the watch commander, to her desk and told him what she had just heard. He asked McBride to sit in his office, where the young man began to weep.
About an hour earlier, at his parents’ house, McBride shot Ann Margaret Grosmaire, his girlfriend of three years. Ann was a tall 19-year-old with long blond hair and, like McBride, a student at Tallahassee Community College. The couple had been fighting for 38 hours in person, by text message and over the phone. They fought about the mundane things that many couples might fight about, but instead of resolving their differences or shaking them off, they kept it up for two nights and two mornings, culminating in the moment that McBride shot Grosmaire, who was on her knees, in the face. Her last words were, “No, don’t!”
Read more here.
Maddox called Lt. Jim Montgomery, the watch commander, to her desk and told him what she had just heard. He asked McBride to sit in his office, where the young man began to weep.
About an hour earlier, at his parents’ house, McBride shot Ann Margaret Grosmaire, his girlfriend of three years. Ann was a tall 19-year-old with long blond hair and, like McBride, a student at Tallahassee Community College. The couple had been fighting for 38 hours in person, by text message and over the phone. They fought about the mundane things that many couples might fight about, but instead of resolving their differences or shaking them off, they kept it up for two nights and two mornings, culminating in the moment that McBride shot Grosmaire, who was on her knees, in the face. Her last words were, “No, don’t!”
Read more here.
Monday, January 14, 2013
Justice delayed -- and delayed and delayed
All of us go to court at some point, if only to fight a traffic ticket or do jury duty. In court, you can see an attorney eloquently pressing a point, a judge wisely guiding the judicial process, and “the people” rendering carefully considered justice.
That’s in the ideal world, the world of “Law & Order” and “Perry Mason.” Courthouses can also be dispiriting sinkholes where day after day lawyers, clerks, police, judges, parole officers, and social workers try to keep their heads up amid the wreckage wrought by violence, drugs, selfishness, and chronically bad choices. In a courthouse, humanity can too easily be reduced to perpetrators and victims. You can feel guilty just being there.
That’s why it is all the more tragic when someone innocent is sucked into “the system” and becomes its victim.
Read more here.
That’s in the ideal world, the world of “Law & Order” and “Perry Mason.” Courthouses can also be dispiriting sinkholes where day after day lawyers, clerks, police, judges, parole officers, and social workers try to keep their heads up amid the wreckage wrought by violence, drugs, selfishness, and chronically bad choices. In a courthouse, humanity can too easily be reduced to perpetrators and victims. You can feel guilty just being there.
That’s why it is all the more tragic when someone innocent is sucked into “the system” and becomes its victim.
Read more here.
Monday, January 7, 2013
Advance legal columnist: Whom does the criminal justice system favor?
Some view America's criminal justice system as favoring defendants, allowing them to exploit legal technicalities and generous plea-bargains to avoid being duly punished for their crimes. Others see a system that is stacked against defendants, one in which people, particularly the poor and underprivileged, are victimized by police misconduct, overzealous prosecutions, inadequate legal representation, and biased juries.
Though both are gross oversimplifications, each does have some merit.
For example, the United States is the only nation in the world that employs the so-called "exclusionary rule," a principle whereby most evidence improperly obtained by law enforcement is inadmissible against a defendant at trial. Such an instance occurred last Tuesday when, in People v. Gavazzi, the New York Court of Appeals suppressed evidence of child pornography obtained from the defendant's home because of a clerical error in the search warrant. Judge Robert S. Smith dissented, lamenting that the defendant would go free "because the constable has blundered."
Read more here.
Though both are gross oversimplifications, each does have some merit.
For example, the United States is the only nation in the world that employs the so-called "exclusionary rule," a principle whereby most evidence improperly obtained by law enforcement is inadmissible against a defendant at trial. Such an instance occurred last Tuesday when, in People v. Gavazzi, the New York Court of Appeals suppressed evidence of child pornography obtained from the defendant's home because of a clerical error in the search warrant. Judge Robert S. Smith dissented, lamenting that the defendant would go free "because the constable has blundered."
Read more here.
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