About This Blog

Judging Crimes is a blog about criminal law, violent crime and the judiciary, dedicated to making the liberal case for greater democratic control of the criminal justice system.  It's a "view from the trenches" because it's written by a practitioner, not an academic or journalist.  It examines the changing role of the judiciary in American society by looking at what judges actually do, rather than what they say.  I know what they do because I deal with the consequences every day. 

Opinions issued by judges, from Supreme Court justices on down, are justifications for the exercise of governmental power.  But it is the exercise of power itself that should command our attention, not the justifications.  Judging Crimes is concerned with the reality of judicial power rather than the verbal formulas used to defend it. 

American law professors have long liked to say they teach their students "to think like a lawyer."  Learning to think that way is a matter of internalizing certain assumptions.  The practice of judging is likewise based on a foundation of shared assumptions, among them that the United States Constitution -- a document of 8,335 words, the length of a book chapter -- provides an answer to every question.  Rather like a Ouija board.

These assumptions are so ingrained -- and their internalization is so necessary to the successful practice of law -- that most people who subscribe to them aren't even aware of having done so.  Judging Crimes will try to engage not just with the expressions of judicial power, but with the assumptions on which those expressions  rest.  

Judging Crimes won't be filled with daily entries commenting on the day's events or provide a best-of-the-web welter of links.  Many other blogs already do that, far better than I could hope to do.  (Check out these.)  Instead, Judging Crimes will contain pieces of a length that might seem long for a blog but would be short in a serious magazine.  I hope to post new pieces several times a week.

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Friday
Feb102006

67. Wrinkled robe

New Orleans' Times-Picayune, possessor of the greatest newspaper name of all (Cleveland's Plain Dealer is close behind), reports that on Thursday Alan Green "became the fifth Louisiana judge, and the third in Jefferson Parish, to be sent to prison in the past two decades, according to the state Supreme Court." 

Judge Green was caught in the same investigation into bail bonding that previously nabbed Judge Ronald Bodenheimer.  (See post 12.)  Bodenheimer, however, had the more colorful line of patter.  He was caught on tape instructing a flunky to plant Oxy-Contin in the pickup truck of a person who had irritated the judge.  The judge said, chuckling: "You know, this boy, you know, the sad part, he ain't got a shot, he ain't got a chance. ... You know, he ain't gonna know what's hit him."

Bodenheimer eventually pled guilty, but Judge Green insisted on going to trial.  Even during his sentencing hearing he insisted on his innocence, even though he must have known how much it irritates judges to have convicted people stand in front of them and tell them they just presided over a grossly unfair trial.

Perhaps Judge Green honestly believed the two $5,000 payments were campaign contributions, and that the favors he did for the contributors weren't a return on investment.  Denial is an amazingly powerful force, like the tiny uncurling sprouts that buckle sidewalks.  But maybe the judge's view was something closer to that of Martin Manton,  the legendary federal-judge-cum-crook par excellence, whose view was that it wasn't bribery to take money from the party who was going to win anyway.  (Manton's story is well-told in the late Gerald Gunther's superb biography of Learned Hand.  It was Hand who memorably called Manton "a moral imbecile.")

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