Some context on the college cheating scandal, in 2011 in CT, Tonya McDowell was convicted of larceny & sentenced to 5 years in prison for sending her child to what prosecutors said was an out-of-district school, while she was homeless. nbcconnecticut.com/news/local/Cop…
The larceny was stealing $15,000 - the cost of her son's public elementary school education.
And my point is not that anyone caught up in the college cheating scandal should go to prison for 5 years b/c that would be "justice," it is that Tonya McDowell should NEVER have been charged, convicted or sentenced to prison.
I think it's also telling that people try now (and did then) to discredit the argument that Ms. McDowell received an unjust sentence by pointing to the fact that she served a 5 year concurrent sentence for a drug charge.
She was arrested on that charge subsequent to this case & sentenced on it subsequent to being sentenced to 5 years in prison on this case.
She received 5 years in prison for sending her child to an out of district school (whatever that means when you are homeless).
That's not up for debate.
But here's the thing. Who thinks selling a small amount of drugs to an undercover police officer when you are homeless is worthy of a 5 year prison sentence?
Because that is the assumption behind that argument. And just further evidence as to why we have to have a major discussion about sentencing people to prison and mass incarceration and this whole mess we call a criminal justice system in this country.
Ms. McDowell didn't deserve to go to prison in either case. She should be seen as just as sympathetic in either case. That's the thinking we need to change to move towards real criminal justice reform.
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That someone could understand media report through the lends of law enforcement - even get that there are clear disparities in enforcement - and then conclude that prosecutors don't prosecute nearly enough people, is mind-boggling.
Honestly, while I appreciate the recognition of the symbiosis between law enforcement and media, there is so much that is problematic with this thread.
Crime is a technical legal term. It's not only inappropriate to use casually, it's inaccurate.
If you want to point out that someone should have been charged with a crime, for instance within the Trump administration, you report on that and quote criminal lawyers pointing out that the conduct fits the definition of a crime and past cases where people have been prosecuted.
Of course almost 2,000 of them call in sick or are AWOL every day, so that reduces their numbers, but that still leaves a ratio of 1 corrections officer per incarcerated person, four times the national average. thecity.nyc/2021/7/11/2257…
Rikers guards have left housing units with almost no staff, have left their posts and watched as people have died by suicide to justify their campaign to get the city to employ more guards. nydailynews.com/new-york/nyc-c…
It's an unpopular opinion, but I believe the judge presiding over the federal trial of the three men who killed Ahmaud Arbery should have honored the government's and McMichaels plea deal.
Not because I think proving that the defendants were motivated by racism isn't important.
In fact I think it's vital. The state trial whitewashed that those men lynched Ahmaud Arbery. Maybe that was necessary to gain a conviction. States' failure to secure convictions in these cases are one of the reasons federal civil rights cases are brought. vox.com/22801394/racis…
My feelings are rooted in a few things.
1. Knowing that the men would have had to admit that they killed Ahmaud because of racism if they pleaded guilty. That's powerful. If they are convicted at trial they won't because they will appeal.
The client had a drug addiction. He shoplifted to get drugs. He was in horrible physical pain because he was dying, but the ADA was completely unsympathetic.
I remember the judge saying there was "nothing he could do" in these circumstances, even tho he had complete discretion.
Our client was only in jail in the first place because he had shoplifted and the ADA had charged that case as a felony burglary. He had a substantial record for drug and petty theft cases. He couldn't afford bail.
Today in NY that case would not be eligible for bail.