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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In Our Name
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Tuesday
Aug282007

305. The jackels of Riga

Latvian journalist Lato Lapsa, who (if you follow the link) once resembled a red-headed Jack Nance from Eraserhead,  now wears more-becoming non-nonsense steely gray hair.  His name is more literary than most.  A Dogpile search for stories about him brings us Virgil:

bina manu lato crispans hastilia ferro. Cui mater media sese ... aetheria quos lapsa plaga Iovis ales aperto. turbabat caelo; nunc terras ordine longo...

and Ovid:

neve sit errandum lato spatiantibus arvo, conveniant ad busta Nini lateantque sub umbra ... dumque fugit, tergo velamina lapsa reliquit. ut lea saeva sitim ...

Lapsa recently ignited a pretty spectacular judicial scandal in Latvia:

Journalist Lato Lapsa has unveiled a series of transcripts that are allegedly wiretapped phone conversations among prominent figures in Latvia’s judiciary system from 1998 to 2000. ... The tapes primarily concern conversations between high profile lawyer Andris Grutups and high ranking members of the judiciary. If they are found to be authentic, then the tapes could imply corruption in the political elite, business elite and the judiciary system as a whole.

That cautious report, carefully refraining from saying what is actually contained in the transcripts, is from the Baltic Times, which a day earlier had described the transcripts this way:

The transcripts date back several years and appear to originate in the office of leading lawyer Andris Grutups. They record conversations between Grutups and various members of the judiciary suggestive of a relationship that is more collusory than would generally be considered acceptable.

The Finnish Helsingin Sanomat is also circumspect in describing the recordings:

In the recordings, the lawyer and the judges engage in confidential discussions of the kind that violate rules of professional conduct. If the tapes prove genuine, they would call the impartiality of the system of justice into question.

 One judge whose voice was said to have been heard on a tape, has reportedly submitted his resignation.

Anyway, you get the general idea.  The Baltic Times reports that the country's prime minister responded in a classically Stalinist way, interpreting the revelations as a kind of treason:  "'This is an opportunity to destabilize the political situation in the country, to ruin trust in the prosecutor’s office and justice system. Obviously somebody is interested in such destabilization,' he said."  It just goes to show that you can take the Baltic nation out of the USSR but you can't take the USSR out of its politicians. 

But if the prime minister could have plausibly contended the tapes were fake, wouldn't he have chosen to spin the story that way instead?  The lawyer supposedly implicated also indirectly confirmed the authenticity of the transcripts, asking "if 'placing a phone call' was a crime."

Lapsa received the transcripts anonymously at the end of last year but held on to them until he could publish a book about their revelations.  Without knowing anything at all about either him or Latvian politics, his explanation for the delay is so true to small-state politics in the US that I believe him:

Lapsa told journalists that he published the transcripts in order to ensure public opinion would weigh in on the matter and that the case was thoroughly investigated. The aim of the book was “to raise enough public interest and awareness about the case, so as not to allow our dear investigation and law enforcement institutions to drown this case as has happened with other cases,” Lapsa said. The journalist said that he remembers a number of cases in which information had been sent to the prosecutor’s office, but the case was not launched and “died naturally.” He explained that these cases indicate that it is not enough – “not in this country, not at this time” – to simply send the information to the prosecutor’s office, and that public awareness about the case must be raised as well.

As an indication that his strategy might just possibly produce some results, we have this story from today's LETA:

Prosecutor General's Office has requested from Riga Regional Court information on civil suits reviewed between November 1, 1998 and April 1, 2000 by seven judges whose names possibly correspond to those mentioned in the new book "Tiesasanas ka kekis" ("The Court Case Kitchen"), released in Latvia last week.

(The Court Case Kitchen has a distinctly Babelfishy smell to it.  The Baltic Times goes with Cookhouse Legislation, which isn't any better.  The Court's Kitchen, maybe?  Or Cooking Up Cases?)

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