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As we await Manafort’s second sentencing, a humble suggestion. Instead of praying for harshness for one, let’s focus on the kind of relative leniency, mercy, fairness, & individualized justice he received *from beginning to end* as a model for the treatment of all.
As a start, whitecollar crimes are prosecuted exceedingly rarely & selectively, while everyday courts are filled w/ people of color prosecuted for low-level crimes of poverty—turnstile jumping, drug possession, suspended licenses, petit larceny. Shrink system. Reinvest resources.
Pretrial: Manafort walked into court & right out after paying $10 million tailored to his financial circumstances. I’m not mad at his treatment. It's how bail is supposed to work. Incentive. Not punishment. I just wish my clients treated same. They’re not. theintercept.com/2018/06/09/pau…
87% of my clients can’t afford bail.
500k locked up on bail nationally.
89% in Rikers are Black Latino.
9x more likely to be plead guilty.
$10 might as well be $10 million.
500k locked up on bail nationally.
89% in Rikers are Black Latino.
9x more likely to be plead guilty.
$10 might as well be $10 million.
Im not upset Manafort was *still a free man, even after allegations of witness tampering while released & his attorneys had the opportunity to draft & submit their response on his behalf in court. Again just wish my clients would be given same opportunity.
Detained: Manafort had a private workplace to go through evidence w/ his attorneys & prep for trial. Everyone held pre-trial should be afforded this privilege. Best we often can do is pass paperwork under 6 inch glass, in common interview areas w/ other attorneys & court officers
Evidence: Judge ordered witness info disclosed to Manafort. In NY, prosecutors allowed to withhold witness info, statements, police reports, & other key evidence *until after first juror is sworn at trial.* That’s far too late. No evidence, no justice.
Trial: That Manafort even had a trial is an anomaly enabled by his liberty for the majority of case pretrial, out on bail he could afford. 95% of convictions are from pleas, in large part bc of dire conditions of jail & desire to end the pain.
In short, cases like Manafort’s only underscore our 2-tiered system. Manafort is among the increasingly rare defendants for whom the system has worked relatively well. His exceptional case shows how the system could do far better for the rest. nyti.ms/2Nma9sg?smid=n…
