As Nat mentioned in the last, I am here working at the public defender's office for the next few months. Criminal courts are very similar the whole country around. Judges with too many control issues, district attorneys who don't have a ton of discretion and sheriffs who seem absolutely bored with the moving of clients from jail to court and back again (to be fair, if I had the sheriff's job, I would be bored too).
The only variable, it seems, it the fate of clients. The legislature of Louisiana, in a move that can only be described as absurd, established a sentencing scheme that borders on Draconian. I could go through the whole rigamarole, but it's easier to keep it simple.
Example: Suppose you are a drug addict, using cocaine. You, as most addicts do, don't really do a good job kicking the habit. You get arrested three times and end up pleading guilty because you were, well guilty. There's not really a totally excellent drug program and your lack of money makes flying off to the Carribbean a la Britney damn near impossigle. As most addicts do, you relapse and get caught again. Bad news buddy, if you have been convicted 3 times for possession of crack cocaine. Under the sentencing laws of the state of Louisiana, you could get up to your natural life in prison. Worse, if you are convicted a fourth time the MINIMUM sentence the judge is allowed to sentence you to is 20 years (no probation, parole or supervised release prior to your 20). So now the citizens of this state have to pay and house a non-violent offender who never really harmed anyone else, but is, well, an addict who maybe didn't have the money or the will to kick the stuff. The addict, meanwhile, gets to spend 20 years at the Louisiana Department of Corrections. In Philadelphia, a case like this is worth probation, maybe a one year jail sentence. In Louisiana, at some point I am going to have to tell a client "Congratulations. If you plead, the DA agreed to only let you do six years on the nickel bag of crack you had."
Now to be sure, there is some times a judge can go lower than that, but my undersanding that is few and far between.
It's the kind of thing that makes you want to punch somebody.
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2 comments:
That is totally insane. What is wrong with those people? I bet the sentencing for armed robbery is less.T
THIS IS SO TRUE. FOR EXAMPLE, MY BROTHER HAS BEEN SMOKING CRACK FOR ATLEAST 10 YEARS. AND HE TOO HAS BEEN ARRESTED FOR PETTY CRIMES IN THE PAST. ONE DAY THE COPS DECIDED TO STOP HIM AS THEY OFTEN DID ON THE CORNER OF JOSEPHINE AND LASALLE IN UPTOWN NEW ORLEANS,AND GUESS WHAT HE HAD A PIECE OF CRACK ON HIM; BECUASE HE WAS A PETTY REPEAT OFFENDER HE WAS FOUND GUILTY AND SENTENCE TO LIFE IN PRISON. HE'S BEEN THERE 16 YEARS NOW. DOES ANYONE AGREE WITH ME THAT, THAT'S AN SENTENCE FOR A KILLER, CHILD SEXUAL ASSUALT CHARGE OR EVEN A CAPITAL OFFENSE? THIS LAW SUCKS. AND MY BROTHER WOULD NEVER SEE THE LIGHT OF DAY, THANKS TO THESE LAW MAKERS WHO HAVE SUCH A PERFECT LIFE
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