MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch
MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch
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 />
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