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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« 241. Goings on around town | Main | 239. America's founding contradiction »
Monday
Feb192007

240. Round up

For those of my readers needing to take care of business in school tomorrow, or planning a visit to your local Stop-'n'-Rob store, you'll be glad to know that the NRA has some stylish new gear for you.  Yes, now you, too, can wear concealed-carry jeans with the belt loops thoughtfully positioned "so they don't interfere with holster wear. Pants feature two internal magazine pockets and a concealment pocket in the front and back."  Today's NRA.  You provide the homicidal impulse - we'll take care of the rest!

Meanwhile, in John Wayne County, California, an accused criminal was acquitted.  Not because he didn't do it:

No one disputes that an on-duty Irvine police officer got an erection and ejaculated on a motorist during an early-morning traffic stop in Laguna Beach. The female driver reported it, DNA testing confirmed it and officer David Alex Park finally admitted it.

How'd he get  off - I mean, how'd he get acquitted?  Easy: he spent a lot of time stalking his prey, eventually choosing a stripper on her way home from her workplace.  His lawyer simply made sure the 11 male jurors knew she was a low status woman:

In his closing argument, [defense attorney Al] Stokke pounced. He called Lucy one of those “girls who have learned the art of the tease, getting what they want . . . they’ve learned to separate men from their money.”

[Prosecutor Shaddi] Kamiabipour wasn’t amused. “Dancer or not, sexually promiscuous nor not, she had the right not to consent,” she told jurors. “[Park] doesn’t get a freebie just because of who she is . . . He used her like an object.”

But Kamiabipour was wrong.  The cop did get a freebie.  He had the jurors' permission to use her like an object.  After all, “She’s an overtly sexual person.”  The jurors employed the same decision-making matrix favored by the United States Supreme Court.  (See post 102 and post 228.)  (At least the cop was fired.)

Meanwhile, another lesson in the relationship of status to the law was administered in poor Burma, where, according to an understandably anonymous blogger,

A Toyota SUV  being driven by the son of Dr. Tin Aung Aye (Supreme Court Justice of lower Burma), managed to seriously crunch a Suzuki Wagon car on Pyay Road, Yangon.

Witnesses say that he looked drunk or on drugs at the time of accident. Apparently he was doing a U turn on a major road in Yangon when he hit the Suzuki. The elderly diver of the Suzuki subsequently died in the infamous Yangon Hospital’s emergency department.

No charges were preferred, although a directive came down from on high that henceforth judges weren't to permit their family members to drive the official vehicles "without the presence of Supreme Justice himself on the car."  My favorite bit: each judge gets both an SUV and a van from the store of vehicles impounded (all in accordance with approved judicial procedures, of course) by the government.  I wonder if judges get to place orders for specific makes, colors and option packages?

And in Boston, a Judicial Conduct Commission investigation concluded that two state judges did nothing wrong when they delayed entering judgment against a sitting state Senator - the political mentor of one of them - until after her tough primary campaign.  The Commission's findings are almost parodic: "The commission's investigation revealed that, while there was inadvertent delay in the processing of this case, there was no misconduct on the part of any judge."   There was "no misconduct" in the sense that there isn't actually a rule against judges using their power of office to influence elections.  And what other sense is there?

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Reader Comments (1)

I didn't realize being an "overtly sexual person" means surrendering one's right to refuse to give a handjob to a police officer. Dang. I've got my work cut out for me.
February 22, 2007 | Unregistered CommenterLeslie

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