Let’s talk about this story. It discusses a NJ bill that is designed to make sentencing less harsh. The bill is being held up because a lawmaker introduced an amendment that would eliminate the mandatory minimum for one type of corruption.
We've seen the story before, and it sends us a different message.
The "I only realized when" framing tells us that we aren't paying enough attention to harshness & more reform is probably needed.
As someone who researches the statutory language of criminal laws, this law makes me very uncomfortable. The conduct is not well defined--look at that "clearly inherent" language. Yikes!
And if we are going to have a relatively vague law, do we want it to carry a 5 year mandatory sentence?
If the implication is supposed to be that judges as appointees can't be trusted, I wish it had mentioned that NJ prosecutors are selected the same way
The article never mentions that mandatory minimums are about shifting power over punishment decisions from judges to prosecutors.
But that's exactly what they do.
The argument is deterrence. If you know crime X carries Y mandatory minimum, then you are less likely to commit crime X.
The truth is that human beings don't really think like this. And the idea that people will be less likely to commit crimes because of higher punishments has been debunked lots of times.
Those people get it--mandatory minimums are not a good idea, even if you really don't like a particular type of crime.
But the idea that removing a mandatory minimum sentence sends the message that a crime is "tolerated" is just silly.
These groups should know better.
This desire for harshness is so prevalent, that some have coined the term "carceral progressivism"
One of the most consequential enforcement decisions is where to look for law breaking.
— Carissa Byrne Hessick (@CBHessick) September 28, 2020
And a policy of prioritizing low level enforcement over high level enforcement is impossible to defend on the merits. https://t.co/ZBNZoUudZF
More from Law
Pretty much every professional field EXCEPT police have clear, rigorous, transparent consequences for unethical behavior, negligence and malpractice.
The idea that we can "disbar" lawyers but not police is absolute foolishness.
All the factors that make disbarment a necessary tool for lawyers apply to cops... except that cops don't need to be qualified in the first place.
It is a rank absurdity of the criminal justice system that one needs to be educated and certified with a degree in order to argue on behalf of someone's life in court, but to have no qualifications necessary to detain, assault, or prematurely end that same life.
There are countless circumstances in which a lawyer's unethical behavior will result in them not only losing their job but never being able to practice it again.
But corrupt and murderous cops can be rehired indefinitely.
A lawyer's entire career can be ended forever if they were found to have knowingly put someone on a stand to lie.
Police officers however are allowed to lie in court on the stand under oath.
So much that lawyers aren't penalized for putting cops on the stand to lie.
And as a former EMT let me tell you, you will find dropout cops in training classes that just want power over people - difference is our system has CONSEQUENCES for negligence and malpractice. We get the same chuds every now and then but they still have to help or else.
— Love Potion No. Nines (@NineJackals) January 29, 2021
The idea that we can "disbar" lawyers but not police is absolute foolishness.
All the factors that make disbarment a necessary tool for lawyers apply to cops... except that cops don't need to be qualified in the first place.
It is a rank absurdity of the criminal justice system that one needs to be educated and certified with a degree in order to argue on behalf of someone's life in court, but to have no qualifications necessary to detain, assault, or prematurely end that same life.
There are countless circumstances in which a lawyer's unethical behavior will result in them not only losing their job but never being able to practice it again.
But corrupt and murderous cops can be rehired indefinitely.
A lawyer's entire career can be ended forever if they were found to have knowingly put someone on a stand to lie.
Police officers however are allowed to lie in court on the stand under oath.
So much that lawyers aren't penalized for putting cops on the stand to lie.
This thread will debunk "the judges didn't look at evidence" nonsense that has been going around.
Over and over again, judges have gone out of their way to listen to the evidence and dismantle it, enjoy the carnage!
1/
Bowyer v. Ducey (Sidney Powell's case in Arizona)
"Plaintiffs have not moved the
needle for their fraud theory from conceivable to plausible"
This is a great opinion to start with. The Judge completely dismantles the nonsense brought before her.
2/
https://t.co/F2vllUhM2G
King vs. Whitmer (Michigan, Sidney Powell case)
"Nothing but speculation and conjecture"
This is a good one to show people who think affidavits are good evidence. Notice how the affidavits don't actually say they saw fraud happen in Detroit.
3/
https://t.co/NZAtqivWkL
Trump v. Benson (Michigan)
"hearsay within hearsay"
Another good one to show people who think affidavits are absolute proof.
4/
https://t.co/17GeGhImHF
Stoddard v. City Election Commission (Michigan)
"mere speculation"
/5
https://t.co/ekqYEqiIL9
Over and over again, judges have gone out of their way to listen to the evidence and dismantle it, enjoy the carnage!
1/
Bowyer v. Ducey (Sidney Powell's case in Arizona)
"Plaintiffs have not moved the
needle for their fraud theory from conceivable to plausible"
This is a great opinion to start with. The Judge completely dismantles the nonsense brought before her.
2/
https://t.co/F2vllUhM2G
King vs. Whitmer (Michigan, Sidney Powell case)
"Nothing but speculation and conjecture"
This is a good one to show people who think affidavits are good evidence. Notice how the affidavits don't actually say they saw fraud happen in Detroit.
3/
https://t.co/NZAtqivWkL
Trump v. Benson (Michigan)
"hearsay within hearsay"
Another good one to show people who think affidavits are absolute proof.
4/
https://t.co/17GeGhImHF
Stoddard v. City Election Commission (Michigan)
"mere speculation"
/5
https://t.co/ekqYEqiIL9
Today the superior court will hear oral arguments in Midtown Citizens Coalition v. Municipality of Anchorage. "MCC" is an unofficial group that opposes the recall of Assembly member Felix Rivera. The question is whether the Muni properly certified the recall petition. #aklaw
Before posting the MCC v. MOA briefs, it's worth noting that the legal arguments made by Rivera's supporters parallel those made by Dunleavy in Recall Dunleavy v. State. Both Rivera and Dunleavy argued that their recall petitions should have been denied by election officials.
So let's play a game called "Who Argued It." Guess which politician, Rivera or Dunleavy, made the following arguments in court:
1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."
2. "Even under Alaska’s liberal recall standards, courts have not hesitated to find petitions legally insufficient when those petitions did not contain sufficient factual allegations of unlawful activity to state sufficient grounds for recall.”
3. "The allegations must be sufficiently particular to allow the official a meaningful opportunity to respond . . . . [and] ensure that voters have the information they need to vote."
Oral argument in scheduled for January 21 at 3 pm in this case & will be telephonic. To listen, call 1-800-768-2983, code: 2640561#. Alternate phone numbers if the toll-free number gives you trouble: 1-907-206-2349 or 1-913-904-9867 or 1-212-231-3884.
— Alaska Court System (@AlaskaCourt) January 20, 2021
Before posting the MCC v. MOA briefs, it's worth noting that the legal arguments made by Rivera's supporters parallel those made by Dunleavy in Recall Dunleavy v. State. Both Rivera and Dunleavy argued that their recall petitions should have been denied by election officials.
So let's play a game called "Who Argued It." Guess which politician, Rivera or Dunleavy, made the following arguments in court:
1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."
2. "Even under Alaska’s liberal recall standards, courts have not hesitated to find petitions legally insufficient when those petitions did not contain sufficient factual allegations of unlawful activity to state sufficient grounds for recall.”
3. "The allegations must be sufficiently particular to allow the official a meaningful opportunity to respond . . . . [and] ensure that voters have the information they need to vote."