2015 brought some good and bad trends in criminal justice and all that spins from it. Here’s what stands out to me.
The good stuff:
1) Reducing federal prison sentences retroactively by tweaking the sentencing guidelines. Boy, there’s still a lot of work to be done on this, but the Sentencing Commission made an effort to bring down the numbers that judges must start with in considering drug sentencing. Many prisoners had sentences reduced by approximately two years. Again, it wasn’t a huge break, but it’s a step in the right direction.
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Still needed:
– Helping ex-cons get back on their feet once they’re released. This could start in jail, with more job training, education programs, and mental health treatment. The present focus — warehousing people — is not only dangerous in the short run, but contributes to recidivism.
– Once prisoners are released, they need more than just a $20 bus-ticket home. Enhanced job training, drug and mental health counseling (if needed), assistance in walking through the health-care morass, etc., would do a lot to help the transition back to society.
2) Raised consciousness regarding police power. Sometimes if enough bad stuff happens, something good can come from it. The spate of police shootings of black men has caught the attention of social media with #BlackLivesMatter, and prompted many police departments around the country to think about (and for some even to impose) the use of video cameras when officers make arrests. Whether police use the cams or not, the omnipresence of smartphones guarantees that when a cop makes an approach or arrest in the street, somebody’s going to be there to film it.
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Still needed:
– Independent prosecutors to look into police abuse. Most of these cases don’t get indicted because the local prosecutor’s office works with the same police department 24/7. How they ask a question in the grand jury, or whether they ask the right question, makes all the difference on whether a grand jury indicts or not.
3) New media source regarding criminal justice.
– The Marshall Project, an online aggregator of stories on criminal justice, launched this year, covering pieces as diverse as the death penalty, DNA, false confessions, and topical crime stories. If you’re a criminal justice junkie, this is an excellent way to keep abreast of all the latest goings on.
– John Oliver covered every criminal justice topic of note this year but with a sense of humor and irony that said more to more people about the inequities of the criminal justice system than anyone else.
4) Crime sagas and popular media.
– My favorite this year was “Fargo,” Season Two. While it’s not a police procedural by any means, the show captured the character of cops and crooks, how some people become criminals in spite of themselves, and the machismo among police forces that can sometimes lead to disaster. The UFO sightings didn’t hurt either.
– “Rogue Lawyer,” by John Grisham. I looked forward to reading Grisham’s latest book about a cocky criminal defense attorney ready to bend the rules to help his clients, but I was disappointed. It reads more like a compilation of short stories than a novel. There’s a lot of realistic day-to-day stuff — what’ it’s like to voir dire a jury; the feel of visiting a prisoner in maximum security; death row inmates — but none of it is particularly gripping or suspenseful. Grisham climbed on a soap-box to expose a lot of important things, but it read more like a disjointed soap opera than a fast-paced thriller.
To Watch:
– The Bill Cosby sexual assault trial. Interesting that Cosby was indicted one day before the statute of limitations ran out on the case. It seems to me if the case were strong, they’d have brought it a lot sooner, especially since the public tide against Cosby had been building for years.
Finally, I want to thank everyone who’s read “Criminally Yours,” and spread the word. I usually read the “Comments” posted, although not until I’ve first anesthetized myself either through extreme exhaustion or a shot of whiskey. You’ve directed me to things I wouldn’t have otherwise seen (like the Chris Rock clip on “How to Not Get Your Ass Kicked by the Police”), and entered levity into discussions that could be otherwise pretty grim.
Here’s looking forward to 2016.
Toni Messina has been practicing criminal defense law since 1990, although during law school she spent one summer as an intern in a large Boston law firm and realized quickly it wasn’t for her. Prior to attending law school, she worked as a journalist from Rome, Italy, reporting stories of international interest for CBS News and NPR. She keeps sane by balancing her law practice with a family of three children, playing in a BossaNova band, and dancing flamenco. She can be reached at [email protected] or tonimessinalaw.com.