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MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch

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c)<br />

G<br />

applications. This is not the first arrest<br />

for any of them For one there are.<br />

records going back to age nine, when<br />

he was incarcerated for truancy.<br />

“The ,defendant’s juvenile record<br />

may not be used against him in adult<br />

~court,” I remind the prosecuting<br />

attorney.<br />

“I know, Your Honor,” he tiplies<br />

apologetica.Uy, “but, the computer<br />

The young defender sadly shakes<br />

his head. “Your Honor, I work for a<br />

bureaucracy.”<br />

So do I, I remind myself, as I look<br />

at the clock and see that. it is. past<br />

11 :GO and there are .I4 more matters<br />

to be heard to&y.<br />

Four UP, - Four Down<br />

I i refuse bail for a 14-yearold<br />

prints out &ll the arrests.”<br />

accused of slaying anpther &ild iri a<br />

“‘How many convictions?” . gang rumble. Will he be safer in jail<br />

TJM- computer does not give the than on the street, ‘where the &al.<br />

answer to that question.<br />

gang js lying in wait for him? f do not .<br />

,/ One man is accused of rape. The know. The boy &,small an? slender.<br />

.’ record shows that his prior offenses The warden will put him in the wing<br />

were larceny of an automobile and, as with the feminine homoscxuaIs to<br />

‘. a child, running away fmm hdme. The save him from assault. I mark on the<br />

police report indicates that when:the commitment sheet that the boy is to<br />

police arrived the defendant was in attend school while in p&n awaiting<br />

the compfainant’s apartment with his trial; But if the warden does not<br />

clothes off. He ieft so quickiy that-he honor my order;1 will not know.<br />

lbandoned his shoes and socks. The A 23-yev-old heroin addict tells’<br />

complainant admitted knowing him me that there is no drug treatment<br />

and gave his name and address to’ the progmln in~prison .‘%% just like the’<br />

police. No weapon was involved. street. Nothin’ but drugs,” he says. I<br />

My usual rule bf thumb is a simple trytomovehiscascahcadsothathc<br />

one: “If he had time to take off his can.plead gui&y at an egrly date,.and<br />

shoes, it wasn’t rape?’<br />

Before releasing an alleged rapist.<br />

from jail, possibly to prey on other<br />

victims, I want to speak with the /I<br />

&cused. Although Lombroso’s theory<br />

that one can tell a criminal by his I’<br />

physical appearance is out of fashion,<br />

I st@ want to see him, but he is not in<br />

*<br />

the courtroom Perhaps his lawyer,<br />

.<br />

:<br />

the defender, C&Y, give some helpful<br />

information. The defender,, however, If othar political science readerr<br />

has never seen the accused. Someone don’t meet your needs,. make your<br />

else interviewed him on a routine own book frpm The Washington<br />

prison visit. No one knows whether he Monthly’s list of war 300<br />

‘I, has a family, a job, a home.<br />

rsprints, covering such su&actSas ’<br />

“Please have this defendant the Presidency, Congress, the<br />

brought to court tomorrow and get Culture of Bureaucracy, Politia.<br />

me some information on him,” I tell and ahe.Press, Work in Amccica.<br />

and Sex and Politics.<br />

the defender.<br />

He replies, “I’m sorry, Your for a complete list.and details<br />

Honor. I’ll be working in a different OR how to order, write:<br />

courtroom tomorrow. There is no way<br />

I can find out about this man.”<br />

“We’re dealing with human beings, The Washington Month Iv<br />

not pieces of paper,” I expostulate. 1028 Connecticut Ave. NW<br />

“You are his lawyer. You should Washington, D.C 20036<br />

know him”‘<br />

L<br />

The Washington Monthly/February 1975<br />

3s

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