Imagine an incoming president of the United States announcing that he or she would take advice on criminal justice matters exclusively from a Federal Defender’s office. Moreover, the new chief executive intends to put the defenders in charge of federal prisons, forensic science, and the clemency process. After all, the president might argue, the defenders understand federal criminal law from the ground up, have a rich understanding of the social conditions that lead to criminal behavior, and are the federal attorneys most responsible for ensuring individual Constitutional protections.We need you, Judges, to check DOJ. More than ever.
People would be outraged. Critics would complain that the defenders represent only one part of the justice system, and are inherently biased because their work in the courts is always on behalf of the accused.
Yet, somehow, the mirror image of that situation is our reality and goes largely unchallenged.
Despite an obvious conflict of interest, the Department of Justice evaluates clemency petitions, runs federal prisons, decides what forensic evidence to introduce in federal cases, and advises the president on criminal justice reform. And make no mistake — prosecutors dominate the agency, with the 93 United States Attorneys playing the leading role in setting policies across a range of issues and career prosecutors running most of the divisions.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Friday, June 02, 2017
Interesting article about DOJ
"It's a building full of prosecutors." That's how this interesting article about the problems with DOJ starts. More:
Wednesday, May 31, 2017
Judge Martin criticizes the SDFLA's practice of stacking 924(c) counts
Judge Martin criticizes the SDFLA's practice of stacking 924(c) counts in this concurrence:
Although many things about this case are troubling, perhaps most worrisome is that Mr. Hernandez might never have received this sentence if he had been sentenced in another part of the country. The Sentencing Commission also reported to Congress that the practice of "stacking" § 924(c) charges happens in very few districts. The Commission's data showed "no evidence that those offenses occur more frequently in those districts than in others." Id at 361. The Sentencing Commission thus concluded that "this geographic concentration is attributable to inconsistences in the charging of multiple violations of § 924(c)." Id. at 361-62. As it happens, the Southern District of Florida, where Mr. Hernandez was sentenced, is one of the districts recognized as exceptionally prolific in charging § 924(c) crimes. In fiscal year 2010, at least one in thirty-five of our entire nation's § 924(c) sentences came from the Southern District of Florida. Id at 276. The Southern District of Florida was one of only twelve districts in the country that reported having over 50 of these cases that year. Id. For the same period, 38 districts reported having ten or fewer. Id.Another local practice that may come under fire in the near future is the shackling of all defendants in magistrate court. The 9th Circuit just found the practice unconstitutional, which is in direct conflict with the 11th Circuit. The Supreme Court may get the issue, but it's hard to disagree with the 9th's conclusion:
We must treat people with respect and dignity even though they are suspected of a crime. * * * The Constitution enshrines a fundamental right to be free of unwarranted restraints. Thus, we hold that if the government seeks to shackle a defendant, it must first justify the infringement with specific security needs as to that particular defendant. Courts must decide whether the stated need for security outweighs the infringement on a defendant’s right. This decision cannot be deferred to security providers or presumptively answered by routine policies. All of these requirements apply regardless of a jury’s presence or whether it’s a pretrial, trial or sentencing proceeding. Criminal defendants, like any other party appearing in court, are entitled to enter the courtroom with their heads held high. The policy that defendants challenged here isn’t presently in effect. Thus, although we hold that policy to be unconstitutional, we withhold the issuance of a formal writ of mandamus at this time.
Tuesday, May 30, 2017
Manuel Noriega has died.
Manuel Noriega has died. Here's a sketch of him by Arthur Lien from his 1992 trial before Judge Hoeveler.
He received a sentence of 30 years and served 17. Because he was a prisoner of war, he had to receive a jail cell in accordance with the Geneva Convention. That meant he had his own cell with TV, a computer, and exercise equipment. Corrections officers called it "the presidential suite."
He received a sentence of 30 years and served 17. Because he was a prisoner of war, he had to receive a jail cell in accordance with the Geneva Convention. That meant he had his own cell with TV, a computer, and exercise equipment. Corrections officers called it "the presidential suite."
Friday, May 26, 2017
More federal judges?
Senators Rubio and Nelson have proposed more federal judges in Florida, with 3 new judgeships going to SDFLA. But we have a bunch of openings now and a bunch more coming, so I'm not sure how adding more slots that aren't being filled is going to help...
Thursday, May 25, 2017
RIP AUSA Beranton J. Whisenant Jr.
RIP AUSA Beranton J. Whisenant Jr.
He was only 37. So sad.
I did not know him, but I heard he was a good guy.
Please feel free to remember him in the comments.
He was only 37. So sad.
I did not know him, but I heard he was a good guy.
Please feel free to remember him in the comments.
Subscribe to:
Posts (Atom)