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
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
One of the judges this story mentions is William Cassidy, who was promoted from an Atlanta IJ position to a BIA member position in 2019 by the Trump DOJ. Cassidy has an awful history that has been well-documented, but I'm still enraged reading this reporting.
The story notes that the EOIR Director served as an ICE attorney in Atlanta and practiced before Cassidy for years. And it points to FOIA records unearthed by Bryan Johnson showing they remain friendly.
A trove of complaints against Cassidy was published by AILA in 2019 after FOIA litigation. They generally show misconduct, substantiated in the record, followed by "written counseling" etc.
One way Cassidy could avoid discipline is by turning off the recording device during the hearing. If he made a lewd or offensive comment off the record, all the EOIR would do is listen to the recording. If it's not there, the complaint is "unsubstantiated" https://t.co/wUeBPEEbpV
In that case, Cassidy joked about a detained immigrant saying he missed his wife. The complaint was dismissed because the ACIJ found "no levity or joking" in the comment.
\U0001f6a8New investigation: \U0001f6a8
— Tal Kopan (@TalKopan) January 22, 2021
How sexual harassment and misconduct has been allowed to flourish in the immigration courts, a system intended to give immigrants a fair chance to stay in the U.S.:https://t.co/Lw8hpK5jSe
The story notes that the EOIR Director served as an ICE attorney in Atlanta and practiced before Cassidy for years. And it points to FOIA records unearthed by Bryan Johnson showing they remain friendly.
A trove of complaints against Cassidy was published by AILA in 2019 after FOIA litigation. They generally show misconduct, substantiated in the record, followed by "written counseling" etc.
One way Cassidy could avoid discipline is by turning off the recording device during the hearing. If he made a lewd or offensive comment off the record, all the EOIR would do is listen to the recording. If it's not there, the complaint is "unsubstantiated" https://t.co/wUeBPEEbpV
In that case, Cassidy joked about a detained immigrant saying he missed his wife. The complaint was dismissed because the ACIJ found "no levity or joking" in the comment.