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* Kilpatrick Townsend is expanding into Saudi Arabia. I don’t really have anything witty to say about this, but now the “Arabian Nights” song from Aladdin is stuck in my head. [Atlanta Business Chronicle]
* British barristers behaving badly: Kevin Steele, a former Mishcon de Reya partner, was convicted of fraud and forgery charges in connection with a $28M loan scam. They don’t serve tea and crumpets in jail. [Legal Week]
* Joshua Monson, the serial defense attorney stabber, was in court yesterday for sentencing. Still no word on whether he was wheeled in on a Hannibal Lecter-esque gurney to prevent more stabby behavior. [CNN]
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* Three days after arguing that an alleged Sandusky victim’s lawsuit lacked any factual basis, Second Mile decided to settle. Better strike while the iron is hot (and the wallet is open), lawyers. [Bloomberg]
* A memo to all Biglaw bachelors: if your game is anything like that of Kenneth Kratz’s, then it’s not just ethics boards who will think you have an “offensive personality.” [Milwaukee Journal Sentinel]
To me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands.
– Professor Douglas Berman, commenting on the case of Daniel Enrique Guevara Vilca, a 26-year-old who was just sentenced to life in prison without the possibility of parole for child pornography possession.
(The reaction of Paul G. Cassell, former federal judge and victims’ rights expert, after the jump.)
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One of the interesting concepts in Professor Rosenbaum’s book (affiliate link) is that the law lacks a soul. The law lacks tenderness. The law is objective and cold and inhumane. The law abhors emotion. I don’t think that’s true.
Every time I sentence a defendant, there is a lot of emotion. I think there is a lot of humanity in the law.
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Matt here. You might think that Dealbreaker HQ exists only metaphorically in virtual space, or maybe in the fan fiction you’re hiding in your desk, but in fact Bess and I share a real physical garrett both with our sibling sites Fashionista and Above the Law. Occasionally we even talk to each other. “Talk,” in this context, normally means that Above the Law editor Elie Mystal shouts at us about some outrageous political position. In order to quiet him down a bit, we’ve decided to take it to the internet, thus spawning the first – and maybe last! – Above the Law / Dealbreaker Debate Society.
I have been set the task of defending a proposition like “white-collar criminals should not get anything near the jail time they get.” (We are pretty casual with our resolutions here at the Breaking Media Debate Society.)
Fortunately I believe that, so here goes…
We live in a country where some states have the death penalty. Capital punishment. The “ultimate justice,” people like Rick Perry say with a smirk, as if justice that ends in death is somehow preferable to justice that respects the dignity of human life.
Do you not know what those sanitized words mean? Do you not know what the death penalty is?
We live in a country that sanctions murder of supposed criminals. That’s what we’re talking about: murder. It’s not “self-defense.” Death row inmates are locked down, strapped down, and would be in jail for the rest of their natural lives but for our societal decision to kill them first.
And the people we kill, we suppose they are criminals. We have a system that spits out a verdict that a person is guilty. It’s a flawed, imperfect system. In any given case, witnesses, counsel, judges, or the jury could be wrong, stupid, or both. We, as a society, take their word for it because it’s the best way for dispensing justice that we’ve come up with so far.
But since we have this flawed system, and we do kill people, then it is inevitable that occasionally we’re going to murder the “wrong” person. To support the death penalty is to support the occasional murder of innocent people. That’s been true since the first barbarian hunter-gatherer thought it’d be a good idea to gather the whole tribe together to watch the death of another defenseless person who claimed innocence.
So my question is, why the hell are people so worked up over Troy Davis?