A banner day for the 350+ year old American death penalty abolition movement. I’m proud to have spent much of my adult life representing the condemned in court and in the court of public opinion, even at moments when that was a lonely, unpopular, even reviled position.
As my law school professor Steve Bright always says, we are all more than the worst thing we have ever done. Humans are complicated and contradictory. They do horrible and beautiful things. They grow and change. Blessed are those us whose hearts are open to that complexity.
The death penalty is wrong for so many reasons, but among them is the way it cuts us all off from the most beautiful and hopeful aspects of the human condition, our ability and the ability of others to grow and change and even sometimes to transform ourselves.
This too. Whatever one might think about whether another deserves to live, let there be no doubt that we, ourselves flawed and broken people, do not deserve to kill.
Finally I just want to say a blessing in honor of my first client Amos, a generous spirit whose life was cruelly extinguished by the state of Florida. His execution set me on this path. Forgive them, they know not what they do.
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1. Absolutely terrible idea & a reflection of a deep sickness in the culture. Everything that occurred at the Capitol is already a violation of numerous criminal laws. There are already countless police forces — lathered with beyond ample resources — to enforce those laws.
2. Any laws that are passed will inevitably be used against disfavored minorities (rather than the intended target) and we already have such laws that are comically broad.
3. I mean we *already have laws (designed to infiltrate criminal organizations) that we use to label every black kid in a neighborhood a “gang” member (based on their clothing choices!) and then hold them all responsible for the act of one or two.
1. Once again, the New York Times Metro section – as part of a long history of crude, sensational journalism – publishes a blatant falsehood in order to stoke and exaggerate crime fears. nytimes.com/2020/07/27/nyr…
2. The NYPD does not separate data into “violent” and “non-violent” categories, but if one looks at the data they do provide, several different ways, it’s clear that that statement (which is also in the sub-headline) is false.
3. If one looks at the seven major felony offenses – murder, rape, robbery, assault, burglary, grand larceny, & GL auto, crime is **DOWN** in NYC this year.
I know that’s not what the press is telling you, but it’s right there on the NYPD website. www1.nyc.gov/assets/nypd/do…
1. Here’s the thing about the politics right now: Trump desperately wants it to seem like there’s a conflict between protesters and *federal officers. And actually that’s exactly what Democratic mayors want as well. But it’s mostly a misunderstanding — or a hijacking — of things.
2. In truth in many large American cities, Portland, Seattle, Chicago, New York, Atlanta, there has been weeks of conflict between largely peaceful protestors and *local* police. And the local police have been caught on camera being extraordinarily violent over and over again.
3. This puts ostensibly liberal mayors — who run police departments — at odds with their own constituencies. These mayors love policing believe in it through and through and are terrified of the idea that they might be pressured into reining in their police.
1. If you’re reading national media portrayals of Portland as dangerous, you really ought to read this thread. Other than a few blocks (almost exclusively at night), Portland is a quiet, friendly, safe place. Safer from violence than any time in the past three decades.
2. And in that downtown area that does get violent at night, the violence is almost entirely police violence waged on overwhelmingly peaceful protestors.
3. Yes there’s been protestor graffiti. Yes early on, many weeks ago, there was significant property damage & some looting. Yes these days there are isolated protestors who throw water bottles at police or light small fires. But the overwhelming bulk of protestors are nonviolent.
1. When I read these arrogant whiners at Harpers complaining essentially about experiencing criticism for the garbage they write and having the gall to call that “cancel culture,” I’m reminded of the dangers – not that long ago – of speaking out against mass incarceration
2. When I helped to exonerate a client a decade ago, the local defense counsel told me he couldn’t come to the press conference if we were going to talk about prosecutorial misconduct because such talk would injure his ability to work in the county.
3. When friends and I began a blog about prosecutorial misconduct, after much discussion, we decided to use pseudonyms because – even though we knew that would limit our credibility – it would have been impossible for some to work if our identities were public.
1. It seems to have been lost down the memory hole, but last year the Plain View Project examined the Facebook pages of 1000s of police officers from several police departments around the country. The findings were extraordinary. buzzfeednews.com/article/emilyh…
2. The project found 1000s upon 1000s of racist, bigoted, misogynistic, xenophobic posts; posts that glorified and reveled in police violence; posts that fantasized about killing protestors; posts that mocked the constitutional rights of citizens. nytimes.com/2019/06/03/us/…