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Children in the Justice System Should Have the Same Rights as Scooter Libby
Does a defendant's background matter for sentencing purposes? President Bush apparently thinks that it does, because he cited Scooter Libby's background and service to his country as a reason to commute his sentence. I agree. I am a guardian ad litem, a lawyer for children in the abuse and neglect system in the District of Columbia. Many of the children I represent grow up to commit crimes. Unfortunately, my clients are denied the considerations that President Bush extended to Scooter Libby.
Does a child raised by an abusive, drug-addicted prostitute, who grew up actually sharing the working bed of his mother, deserve the same sentence as the middle-class coddled priest? If the offense is the same, under our Sentencing Guidelines, the defendants get the same sentence. The U.S. Sentencing Guidelines were enacted partly to reduce sentencing disparities favoring the wealthy. Hate them or love them, the guidelines have been successful in that effort. Sentencing under the guidelines results in some of the most racially equitable sentences in the U.S., as long as one excludes "departures," or cases in which judges exercise their discretion to alter a sentence; once those are factored in, African-Americans serve sentences 12% longer than whites convicted of similar offenses.
One reason that the sentencing guidelines have been successful is because of their relentless focus on the crime involved, not the defendant. To this end, the Sentencing Guidelines prohibit consideration of a defendant's background and good deeds. In fact, a litany of legalese bars judges from considering a good deal of background: "lack of guidance as a youth and similar circumstances indicating a disadvantaged upbringing are not relevant," "mental and emotional conditions are not ordinarily relevant," "family ties and responsibilities are not ordinarily relevant," and, of course, "age (including youth) is not ordinarily relevant."
But now, suddenly, President Bush has decided that a defendant's background matters. I like this because of my clients, my incipient criminals -- oh if I could just tell you about their backgrounds. Give me the chance. How they pull their own hair out in the throes of a Post-Traumatic Stress Disorder nightmare, how they acquired the scars on their bodies, how they've lost friends to bullets on the street, how their hearts have visibly hardened over years of abandonment, first by parents then by social workers. And it's not just the pain of these children that needs to be told, it's also their struggle to do good, and the myriad ways in which that desire is blocked and smothered.
If background matters for one defendant, it matters for all. We live in a democracy, and that's what democracy means. After touring America in the early 1800s, Alexis de Toqueville wrote his famous Democracy in America, celebrating the virtues of our nascent democracy. His masterpiece noted certain holdovers of privilege still existing in American society. He cited the tendency of our law to protect the wealthy, observing, "A rich man never has to go to prison. as far as he is concerned, the law actually imposes no penalty worse than a fine. What could be more aristocratic?"
This isn't the same America that de Toqueville observed two hundred years ago. My clients are citizens with the same rights as Scooter Libby. The same laws apply to them. And they deserve the same consideration as Mr. Libby. Mr. Libby's story is more compelling to President Bush only because it was already known to him. Give me the opportunity to make my clients' stories known. Let judges consider what President Bush considered in commuting Scooter Libby's sentence.
Shannon Hall is an attorney and ad litem in Washington, DC.
14 Comments so far
Show AllLet's start by pardoning all non violent people arrested because of the stupid "War on Drugs".
I hope I don't upset too many people by seemingly pointed out the obvious, but America voted for Bush... did you really think he'd be better than this?
Perhaps someone in the Senate will have an attack of conscience and charge his with impeachment? You must have tons of evidence on the Texan monkey-boy by now.
Corozin -
You may want to revisit your statement "America voted for Bush."
Actually, in 2000, the Supreme Court appointed him president.
I sent my Governor a request/demand that he consider pardoning/commuting all NON violent prisoners with condition of having/keeping a full time job for the rest of they're sentences. Just think of the money the states would have to fix the crumbling highways. I won't hold my breath he'll even consider it. 3rd strike mandatory sentences is crap.
Sorry, Shannon. Your clients do NOT have the same rights as Scooter Libby. Alas, they are not part of the ruling class, and that's what makes all the difference. People of color, poor children, women, and other "lesser beings" NEVER EVER have the same rights and privileges as wealthy, well-placed white American men. That's how it works in a democracy -- or at least in our so-called democracy. I thought everyone knew that.
"Does a child raised by an abusive, drug-addicted prostitute, who grew up actually sharing the working bed of his mother, deserve the same sentence as the middle-class coddled priest?"
NO. The child deserves sympathetic rehabilitation; a chance at life that he was never given because the system failed to stop his mother and give him one sooner.
http://www.dreamingearth.net
"Actually, in 2000 the Supreme Court appointed him president."
And in 2004, Ohio's Secretary of State and some henchpeople stole that election for our boy. We desperately need to ban the voting machines used in 2004 and replace them all with optical scanners that hold the voter's paper copy in the machine. Election officials therefore have available both the machine counts (number of ballots read AND number of votes for each candidate counted) and the original ballots filled out by voters with which to compare them.
Hurry up, Congress. Get rid of the machines that make it easy for the right-wing crooks who will steal another one if they can.
NONE of the candidates except Gravel are in favor of ending the insane WOD.
Actually Shannon, it would be better if the reverse were true--if Scooter Libby got the same treatment as the juveniles.
I'll bet you could get the entire Congress to fly back for a special session as fast as they did for Terry Schiavo if some of the goons in the general prison population got a hold of a short, slightly built, guy like Libby. With two and a half years to "break him in" they could have him in pumps, pantyhose, and lipstick, and prissing around like some high school flirt.
You think that's disgusting? Not any more or less than what we are doing to our youth (especially our Black male youth)but the powers that be don't really connect with a situation unless it is one of their own on the receiving end.
I would like to say honorable exception: former Governor Ryan of Illinois commuting all death sentences after a study showed how flawed prosecution evidence was for those so placed in the justice system.
But unfortunately it didn't occur until after he plead guilty to various corruption charges prior to his sentencing, so I guess he proves the rule above after all.
'Children in the Justice System Should Have the Same Rights as Scooter Libby'
Why? they didn't prostitute themselves in order to cover up criminal and unconstitutional acts for a large corporate - political mafia.
to err is human to forgive devine
we will restore your voting rights
after you serve your time
Does Mr. Libby remain a felon, or does that change too?
When Christ was on the cross between the thieves he didn't use his powers to get them off as suggested by the one thief, He let their sentences be carried out. He showed His preference for the types of folks he would have in His kingdom. He prefers honest men who admit their wrong and accept their fate to those who beg and plee and try to flee. He is not one for cry babies and cronieisms, they shall reap what they sew, forget about them, Let God in all His wisdom and power handle their indiscretions.
And as far as our youth and the justice system go, I have a question; What kind of birds fly behind bars? give up? Why jail birds of course. Even though these children are behind bars, it does not seperate them from God's Spirit. God does not create us with our free will just to condemn us for our actions which sometimes lead us into situations in which we are left holding the bag i.e. Mr. Libby. But the sheer lack of brovado and pide in the act of crawling for a reprieve from Justice will piss Him off properly. If we dare interfere with the lesson God has in store for each and every human being on this planet, no matter what our faith based belief, Then we must accept the consequences of our actions, and be prepared to take those stripes onto our own persons in exchange for protecting theirs.
Once again, Christ on the Cross, a lesson to us all. If you don't want to do the Time than don't do the Crime. But if you are going to do the Crime then Shut up and do your Time, and when it is finished, come home to Me, You will always be welcomed.
A-Man L.M.
The 'Democracy' and 'Freedom' brands that Dubya flogs around the world are rife with double standards and inconsistencies. Everybody in the world (except some in the US of A) is well aware of that, hence the flatline reception to the siren call, Karen Hughes' daft efforts notwithstanding. Better to let people find their own way rather than trying to self-righteously stuff Western values on others.
Have you not learned by now that Bush has no interest in justice.
If one of the Bush twins killed someone DUI I wonder how much time they would serve...hmmmm, I wonder....