Prosecutors Quotes

We do not always remember the things that do no credit to us. We justify them, cover them in bright lies or with the thick dust of forgetfulness. All of the things that Shadow had done in his life of which he was not proud, all the things he wished he had done otherwise or left undone, came at him then in a swirling storm of guilt and regret and shame, and he had nowhere to hide from them. He was as naked and as open as a corpse on a table, and dark Anubis the jackal god was his prosector and his prosecutor and his persecutor.

Children did this. They sensed when there was something controversial or sensitive and they pushed and pushed like tiny prosecutors.

That is nice, Mr. Morgan. Because in response to your tough-guy speech, I, in turn, would’ve had to give you my tough-girl speech, about where, exactly, federal prosecutors who come to my office looking for assistance can stick their obstruction of justice threats

Sometimes I feel like I have walked into the middle of a movie. Maybe I can make my own movie. The film will be the story of my life. No, not my life, but of this experience. I'll call it what the lady who is the prosecutor called me. MONSTER.

For a lawyer to do less than his utmost is, I strongly feel, a betrayal of his client. Though in criminal trials one tends to focus on the defense attorney and his client the accused, the prosecutor is also a lawyer, and he too has a client: the People. And the People are equally entitled to their day in court, to a fair and impartial trial, and to justice.

How You Doing, Little Lucy?” His bright tone and mild expression indicates we’re playing a game we almost never play. It’s a game called How You Doing? and it basically starts off like we don’t hate each other. We act like normal colleagues who don’t want to swirl their hands in each other’s blood. It’s disturbing. “Great, thanks, Big Josh. How You Doing?” “Super. Gonna go get coffee. Can I get you some tea?” He has his heavy black mug in his hand. I hate his mug. I look down; my hand is already holding my red polka-dot mug. He’d spit in anything he made me. Does he think I’m crazy? “I think I’ll join you.” We march purposefully toward the kitchen with identical footfalls, left, right, left, right, like prosecutors walking toward the camera in the opening credits of Law & Order. It requires me to almost double my stride. Colleagues break off conversations and look at us with speculative expressions. Joshua and I look at each other and bare our teeth. Time to act civil. Like executives. “Ah-ha-ha,” we say to each other genially at some pretend joke. “Ah-ha-ha.” We sweep around a corner. Annabelle turns from the photocopier and almost drops her papers. “What’s happening?” Joshua and I nod at her and continue striding, unified in our endless game of one-upmanship. My short striped dress flaps from the g-force. “Mommy and Daddy love you very much, kids,” Joshua says quietly so only I can hear him. To the casual onlooker he is politely chatting. A few meerkat heads have popped up over cubicle walls. It seems we’re the stuff of legend. “Sometimes we get excited and argue. But don’t be scared. Even when we’re arguing, it’s not your fault.” “It’s just grown-up stuff,” I softly explain to the apprehensive faces we pass. “Sometimes Daddy sleeps on the couch, but it’s okay. We still love you.

There was one question that the judge and the prosecutors and the defense never asked the jurors but that was central to the proceedings: Would a jury of twelve white men ever punish another white man for killing an American Indian? One skeptical reporter noted, “The attitude of a pioneer cattleman toward the full-blood Indian…is fairly well recognized.” A prominent member of the Osage tribe put the matter more bluntly: “It is a question in my mind whether this jury is considering a murder case or not. The question for them to decide is whether a white man killing an Osage is murder—or merely cruelty to animals.

And I tried to listen again, because the prosecutor started talking about my soul.

As a defense lawyer, he refused to condemn his clients. Everyone else in the system--the cops, the prosecutors, the juries and judges--would take care of that; they didn't need his help.

Jesus is not your accuser. He’s not your prosecutor. He’s not your judge. He’s your friend and your rescuer. Like Zacchaeus, just spend time with Jesus. Don’t hide from him in shame or reject him in self-righteousness. Don’t allow the opinions of other people to shape your concept of him. Get to know him for yourself, and let the goodness of God change you from the inside out.

The prosecutor uttered the party line that would distinguish revue from burlesque for the next thirty years. "The difference is movement. On Broadway, unadorned female figures are used to artistic advantage in tableaux. They do not move.

Florida is one of a few states that allows the prosecutor to decide to charge a child in adult court for certain crimes and has no minimum age for trying a child as an adult.

When cops and prosecutors fail to aggressively pursue sexual-assault cases, Kevin argued, it sends a message to sexual predators that women are fair game and can be raped with impunity.

Well, so that's the prosecutor! He lived and lived, and then died! And they will say in the papers that he died to the regret of his staff and all mankind, a respected citizen, a rare father, a model husband, and they will write a lot more stuff and nonsense about him; they will add, maybe, that he was mourned by widows and orphans; but if one were to investigate the matter thoroughly, it will emerge that he had nothing to him except his bushy eyebrows.

Huguet, on the other hand, insisted that prosecutors settle for nothing less than a lengthy sentence at the state penitentiary in Deer Lodge.

The two men were greedily hunched over the table, like two wolves disputing a carcass, but their muttered speech in the echoing hall resembled more the grunting of pigs. One was less than a wolf: he was a public prosecutor. The other was more than a pig, he was a chief commissioner of police.

There are two public prosecutors, and one of them is at your door, punishing crimes against society; the other is nature herself. She is familiar with all those vices that escape the law.

Statistically, the odds that any given rape was committed by a serial offender are around 90 percent," Lisak said. "The research is clear on this. The foremost issue for police and prosecutors should be that you have a predator out there. By reporting this rape, the victim is giving you an opportunity to put this guy away. If you decline to pursue the case because the victim was drunk, or had a history of promiscuity, or whatever, the offender is almost certainly going to keep raping other women. We need cops and prosecutors who get it that 'nice guys' like Frank are serious criminals.

[I] settled down with the Daily News and the Post, glad to be back with journalism where all murders are “brutal,” all prosecutors are “tough,” and all blondes are “attractive.” And any lawyer who cooperates with the reporter is “high-powered.

There is nothing dictators hate so much as that unassailable, eternally elusive, eternally provoking gleam. One of the main reasons why the very gallant Russian poet Gumilev was put to death by Lenin's ruffians thirty odd years ago was that during the whole ordeal, in the prosecutor's dim office, in the torture house, in the winding corridors that led to the truck, in the truck that took him to the place of execution, and at that place itself, full of the shuffling feet of the clumsy and gloomy shooting squad, the poet kept smiling.

A woman cannot be herself in modern society,” he argues, since it is “an exclusively male society, with laws made by men and with prosecutors and judges who assess feminine conduct from a masculine standpoint.

We preach and practice brotherhood — not only of man but of all living beings — not on Sundays only but on all the days of the week. We believe in the law of universal justice — that our present condition is the result of our past actions and that we are not subjected to the freaks of an irresponsible governor, who is prosecutor and judge at the same time; we depend for our salvation on our own acts and deeds and not on the sacrificial death of an attorney.

As the Roman senator Tacitus said, “Truth is confirmed by inspection and delay; falsehood by haste and uncertainty.

As a prosecutor, you've got the burden of proof. As a defense lawyer, all you have to do is introduce a tiny doubt.

Convincing other people to think again isn’t just about making a good argument—it’s about establishing that we have the right motives in doing so. When we concede that someone else has made a good point, we signal that we’re not preachers, prosecutors, or politicians trying to advance an agenda. We’re scientists trying to get to the truth. “Arguments are often far more combative and adversarial than they need to be,” Harish told me. “You should be willing to listen to what someone else is saying and give them a lot of credit for it. It makes you sound like a reasonable person who is taking everything into account.

Your mind is a great lawyer. It can defend as well as prosecute your beliefs. Sadly, you use its services only as a defense lawyer and the outside world automatically becomes the prosecutor. Challenge your beliefs yourself. Be your own prosecutor.

Last Will Prologue: We, Sacco and Vanzetti, sound of body and mind, Devise and bequeath to all we leave behind, The worldly wealth we inherited at our birth, Each one to share alike as we leave this earth. To Wit: To babies we will their mothers’ love, To youngsters we will the sun above. To spooners who wont to tryst the night, We give the moon and stars that shine so bright. To thrill them in their hours of joy, When boy hugs maid and maid hugs boy. To nature’s creatures we allot the spring and summer, To the doe, the bear, the gold-finch and the hummer. To the fishes we ascribe the deep blue sea, The honey we apportion to the bustling bee. To the pessimist—good cheer—his mind to sooth, To the chronic liar we donate the solemn truth. And Lastly: To those who judge solely seeking renown, With blaring trumpets of the fakir and clown; To the prosecutor, persecutor, and other human hounds, Who’d barter another’s honor, recognizing no bounds, To the Governor, the Jury, who another’s life they’d sell— We endow them with the fiery depths of HELL! (Industrial Worker, Aug. 20, 1927)

Self-doubt in moderation is animating and motivating, not paralyzing. Leaders who have purged themselves of all self-doubt will not be leaders for long and, in my view, are dangerous while in command. I learned, over time, that self-doubt is my friend, and arrogance my enemy.

Even without all the independent evidence proving that Oswald killed Kennedy, it was obvious that Oswald’s murder of Tippit alone proved it was he who murdered Kennedy.

I need to get out more. I’m sniffing the prosecutors.

If a prosecutor gets caught cheating, he either gets reelected or elevated to the bench. Our system never holds a bad prosecutor accountable.

if a defense lawyer is caught cheating, he or she gets nailed with sanctions by the court, reprimanded by the state bar association, maybe even indicted. If a prosecutor gets caught cheating, he either gets reelected or elevated to the bench.

The courtroom oath--"to tell the truth, the whole truth, and nothing but the truth"--is applicable only to witnesses. Defense attorneys, prosecutors, and judges don't take this oath--they couldn't! Indeed, it is fair to say the American justice system is built on the foundation of not telling the whole truth. It is the job of the defense attorney--especially when representing the guilty--to prevent, by all lawful means, the "whole truth" from coming out.

The worst part about being a prosecutor, in Matt Houlihan's opinion, 2as that even when you won, you didnt. The world was too black and white for that. ... It was like securing the bull after he'd careened through the china shop - yes, you could pen him for a whole, but you still incurred the cost of the mess he'd left in his wake.

The word violence was depleted and generic from overuse and yet it still had power, still meant something, but multiple things. There were stark acts of it: beating a person to death. And there were more abstract forms, depriving people of jobs, safe housing, adequate schools. There were large-scale acts of it, the deaths of tens of thousands of Iraqi civilians in a single year, for a specious war of lies and bungling, a war that might have no end, but according to prosecutors, the real monsters were teenagers like Button Sanchez.

In lieu of those checks and balances central to our legal system, non-citizens face an executive that is now investigator, prosecutor, judge, jury and jailer or executioner. In an Orwellian twist, Bush's order calls this Soviet-style abomination 'a full and fair trial.

Certain norms do matter. Our adversaries are not our enemies; the law is not a political weapon; objective truths do exist; fair process is essential in civilized society.

But many, perhaps most, wrongful convictions of rape result from false accusations levied against men by other men: by cops and prosecutors, overwhelmingly male, intent on pinning an actual rape on the wrong suspect.

Dershowitz may have felt justified in misleading the jury because, in his words, “the courtroom oath—‘to tell the truth, the whole truth and nothing but the truth’—is applicable only to witnesses. Defense attorneys, prosecutors, and judges don’t take this oath…indeed, it is fair to say the American justice system is built on a foundation of not telling the whole truth.

After all, every human being’s life in this world is inevitably mixed with every other life and, no matter what laws we pass, no matter what precautions we take, unless the people we meet are kindly and decent and human and liberty-loving, then there is no liberty. Freedom comes from human beings, rather than from laws and institutions.

Statements, indictments, bills are circulated, shuffled between judges, prosecutors, the Attorney General, the Lord Chancellor’s office; each step in the process clear, logical, and designed to create corpses by due process of law.

So - to the best of your ability - demonstrate your own guilt, conduct inquiries of your own into all the evidence against yourself. Play the part first of prosecutor, then of judge, and finally of pleader in mitigation. Be harsh with yourself at times.

Trump’s friends and advisers had long observed that he had an amazing ability to disconnect from facts and remember experiences the way it suited him at the moment, a dangerous habit when being interviewed by federal prosecutors in a criminal investigation.

Is it always in the interest of the public safety to seek the prosecutor's traditional solution -- the harshest penalty possible? Or is the public best served by finding ways to change a kid's lot in life for the better, even if that means opening the prison door?

Countries who don’t have brave prosecutors and fearless judges will instead have plenty of thieves, many killers and even stupid dictators!

But then I tell myself that it wasn't as if justice was going to be served no matter what I did. Justice didn't stand a chance. And I hate that. I hate that I stopped believing in things I didn't even know were matters of belief, like justice and fairness. Or honesty. Or the promises people make to each other. Of all the things Cal took from me, that's when I think I miss the most: the apparently naïve belief that you kept your promises. You know what the prosecutor told me? ;Everyone cheats,' as if that was supposed to make it all right.

Every aspect of the multipronged legal system even today is dominated by males: police, prosecutors, judges, probation officers. In addition, the state legislatures that make the laws are still disproportionately male. So how does the abuser come to the far-fetched conclusion that women are somehow lurking in the shadows, pulling strings to cause him to suffer consequences for his actions when he thinks there shouldn’t be any? This absurd leap occurs for two reasons. One is that he already has wellentrenched habits of blaming women for his own behavior. So when society sends him the message that he is responsible for what he does, he just widens the scope of his blame-projecting machine to target all women. The second is that if he didn’t blame women, he would have to accept the fact that a large proportion of men are opposed to what he is doing. Cultural values are changing, slowly but surely, and abusers cannot always count on other men to back them up anymore—a fact that makes them feel betrayed so they close their eyes to it.

we are in danger of becoming a society in which prosecutors alone become judges, juries and executioners because the threat of high sentences makes it too costly for even innocent people to resist the prosecutorial pressure. That is why nearly all criminal defendants today plead guilty to “reduced” charges rather than risk a trial with draconian sentences in the event of a conviction.

A trained Soviet KGB operative then heading its successor outfit, the FSB, Putin had done the sitting Russian president the memorable favor of successfully derailing the criminal investigation into the Yeltsin clan. He did so by blackmailing Russia’s prosecutor general with a fake sex tape.

Freedom to write, freedom to read, freedom to own material that you believe is worth defending means you're going to have to stand up for stuff you don't believe is worth defending, even stuff you find actively distasteful, because laws are big blunt instruments that do not differentiate between what you like and what you don't, because prosecutors are humans and bear grudges and fight for re-election, because one person's obscenity is another person's art. Because if you don't stand up for the stuff you don't like, when they come for the stuff you do like, you've already lost.

Police and prosecutors are morally and professionally obligated to make every effort to identify specious rape reports, safeguard the civil rights of rape suspects, and prevent the falsely accused from being convicted. At the same time, however, police and prosecutors are obligated to do everything in their power to identify individuals who have committed rape and ensure that the guilty are brought to justice. These two objectives are not mutually exclusive. A meticulous, expertly conducted investigation that begins by believing the victim is an essential part of prosecuting and, ultimately, convicting those who are guilty of rape. It also happens to be the best way to exonerate those who have been falsely accused. Rape victims provide police with more information--and better information--when detectives interview them from a position of trust rather than one of suspicion.

This is not a problem peculiar to Oklahoma, far from it. Wrongful convictions occur every month in every state in this country, and the reasons are all varied and all the same—bad police work, junk science, faulty eyewitness identifications, bad defense lawyers, lazy prosecutors, arrogant prosecutors.

But, he’s the white prosecutor, honey. What does he know about being black in America? What does he know about being pulled over for driving while black? What does he know about living with discrimination every day of your life or being a descendant of slaves? Has he ever experienced discrimination? Has he lost a loved one to senseless violence? Can he hear gunshots from a lounge chair on the front porch of his fancy-ass home?

Jesus is not your accuser. He’s not your prosecutor. He’s not your judge. He’s your friend and your rescuer. Like Zacchaeus, just spend time with Jesus. Don’t hide from him in shame or reject him in self-righteousness.

Doctor, do you read the Harry Potter books?” “Well, as a matter of fact, yes, I have.” “The fourth was my favorite. What was yours?” “Umm, I don’t know really.” “Is it possible,” the prosecutor asked the witness, “that those writings of Mr. Kobel are merely attempts at writing a novel? Some big fantasy book.” “I…I can’t imagine it.” “But it’s possible, isn’t it?” “I suppose. But I’ll tell you, he’ll never sell the movie rights.

Somewhere along the way, the balance of power between the prosecution, the defense, and the judiciary shifted. We have to readjust it. The stakes are so high—the well-being of so many communities and the trajectories of so many lives. Public safety depends on our collective faith in fairness and our view of the law as legitimate.

After a victim has reported a crime to the police, many people believe that the decision whether or not to charge the suspect with a crime, and then prosecute the suspect, is the prerogative of the victim. News media often contribute to this misconception in stories about rape victims by reporting that a victim 'declined to press charges.' In fact, the criminal justice system gives victims no direct say in the matter. It's the police, for the most part, who decide whether a suspect should be arrested, and prosecutors who ultimately determine whether a conviction should be pursued.

When in court, the primary role of lawyers is not to prove or disprove innocence; unbeknown to almost all lawyers and their clients, it is to save the court time.

The fact that any person acted on the order of his government or of a superior does not free him from responsibility for crime.

When the prosecution is confronted with concrete evidence of a defendant’s innocence during a trial or investigation, or even after a jury renders an erroneous guilty verdict, that prosecutor must come forward, as an officer of the court, to make sure that justice is done. Defense attorneys have no such obligation, even when they know their clients are guilty.

These mandatory minimum statutory schemes have transferred an enormous amount of power from judges to prosecutors. Now, simply by charging someone with an offense carrying a mandatory sentence of ten to fifteen years or life, prosecutors are able to force people to plead guilty rather than risk a decade or more in prison. Prosecutors admit that they routinely charge people with crimes for which they technically have probable cause but which they seriously doubt they could ever win in court.

As I found myself thrust into the Trump orbit, I once again was having flashbacks to my earlier career as a prosecutor against the Mob. The silent circle of assent. The boss in complete control. The loyalty oaths. The us-versus-them worldview. The lying about all things, large and small, in service to some code of loyalty that put the organization above morality and above the truth.

The complexity of modern federal criminal law, codified in several thousand sections of the United States Code and the virtually infinite variety of factual circumstances that might trigger an investigation into a possible violation of the law, make it difficult for anyone to know, in advance, just what particular set of statements might later appear (to a prosecutor) to be relevant to some such investigation.

Talk of "witch-hunts" conceals an inconvenient fact: men charged with rape stand a better chance of walking free than other defendants. The conviction rate in rape trials – 63 per cent in 2012/13 – is quite a lot lower. Prosecutors are taking a bigger risk when they bring rape cases to court, especially when the alleged offences happened decades ago, leaving no forensic evidence. The Independent, 9 February 2014

As I traveled the country promoting my book, I was asked by many people, ‘What are you trying to prove here? Lyndon Johnson is dead. He can’t be prosecuted. What is the point of this other than an academic exercise?’ Here is the point: The government does not always tell us the truth. In fact, the government seldom tells us the truth. If ONE citizen understands by reading my book that everything the government says must be regarded with a healthy dose of skepticism, then I will have achieved my goal. Perhaps the best analysis comes from former federal prosecutor and US Attorney David Marston, who wrote to me, “You have viewed the JFK assassination through the prism of a murder investigator’s first question, cui bono (who benefits)? The shocking answer is that the primary suspect has been hiding in plain sight for fifty years: LBJ.

As I sat alone in my new office, I recalled a time, as a young prosecutor, when I overheard some of my colleagues in the hallway. “Should we add the gang enhancement?” one of them asked. “Can we show he was in a gang?” the other said. “Come on, you saw what he was wearing, you saw which corner they picked him up on. Guy’s got the tape of that rapper, what’s his name?” I stepped out into the hallway. “Hey, guys, just so you know: I have family that live in that neighborhood. I’ve got friends who dress in that style. And I’ve got a tape of that rapper in my car right now.

If you’re exposed to grief long enough, you can become addicted to it, you know. You begin to feel something’s missing when­ever you’re without sadness. And once this happens, sad­ness becomes a kind of queer delight...

As a leftover sixties liberal, I believe that the long arm and beady eyes of the government have no place in our bedrooms, our kitchens, or the backseats of our parked cars. But I also feel that the immediate appointment of a Special Pastry Prosecutor would do much more good than harm. We know the free market has totally failed when 89 percent of all the tart pastry, chocolate-chip cookies, and tuiles in America are far less delicious than they would be if bakers simply followed a few readily available recipes. What we need is a system of graduated fines and perhaps short jail sentences to discourage the production of totally depressing baked goods. Maybe a period of unpleasant and tedious community service could be substituted for jail time.

Being fearless, unafraid to take unpopular cases, fighting like hell for the little people who have no one to protect them. When you get the reputation as a lawyer who’ll take on anybody and anything—the government, the corporations, the power structure—then you’ll be in demand. You have to reach a level of confidence, Jake, where you walk into a courtroom thoroughly unintimidated by any judge, any prosecutor, any big-firm defense lawyer, and completely oblivious to what people might say about you.

A black kid arrested twice for possession of marijuana may be no more of a repeat offender than a white frat boy who regularly smokes pot in his dorm room. But because of his race and his confinement to a racially segregated ghetto, the black kid has a criminal record, while the white frat boy, because of his race and relative privilege, does not. Thus, when prosecutors throw the book at black repeat offenders or when police stalk ex-offenders and subject them to regular frisks and searches on the grounds that it makes sense to “watch criminals closely,” they are often exacerbating racial disparities created by the discretionary decision to wage the War on Drugs almost exclusively in poor communities of color.

People ask me how I can stay in Alabama. Why wouldn't I leave? Alabama is my home. I love Alabama--the hot days in summer and the thunderstorms in winter. I love the smell of the air and the green of the woods. Alabama has always been God's country to me, and it always will be. I love Alabama, but I don't love the State of Alabama. Since my release, not one prosecutor, or state attorney general, or anyone having anything to do with my conviction has apologized. I doubt they ever will. I forgive them...I made a choice...I chose to forgive.

Miranda v. Arizona, the most famous of all self-incrimination cases, the Supreme Court imposed procedural safeguards to protect the rights of the accused. A suspect has a constitutional right not to be compelled to talk, and any statement made during an interrogation cannot be used in court unless the police and the prosecutor can prove that the suspect clearly understood that (1) he had the right to remain silent, (2) anything said could be used against him in court, and (3) he had a right to an attorney, whether or not he could afford one. If, during an interrogation, the accused requests an attorney, then the questioning stops immediately.

Bailey, a former prosecutor, attacked her credibility scattershot, an approach he would use throughout the trial, particularly with female witnesses. ... He accused her, that is--without coming out and saying it--of being a certain kind of woman: conceited, disingenuous, and dissatisfied. The universal misogynist caricature. I'd never gone in for academic gender theories, but Bailey's cross-examination strategy--with Farrar and other women to come--convinced me that the culture of criminal justice has a fundamentally masculine tilt. Repeatedly, in a manner that I suspected was typical in modern courtrooms, he portrayed the female mind as intrinsically unreliable, ruled by emotion, immune to logic, prone to pettiness, swayed by lust, and corrupted by vanity. It rarely spoke plainly. It was seldom candid. It was composed of layers of hidden agendas. It put up a front, behind which was another front. It either aimed to please or to conceal, which were often the same thing. The only way to get the truth from it was to push and prod until it snapped. Make it angry. Make it cry.

Let us concentrate on the question of why the state (meaning, here, the civil authorities) would let the police claim the means of violence as their own. Police brutality does not just happen; it is allowed to happen. It is tolerated by the police themselves, those on the street and those in command. It is tolerated by prosecutors, who seldom bring charges against violent cops, and by juries, who rarely convict. It is tolerated by the civil authorities, the mayors, and the city councils, who do not use their influence to challenge police abuses. But why? The answer is simple: police brutality is tolerated because it is what people with power want.

..I began speaking.. First, I took issue with the media's characterization of the post-Katrina New Orleans as resembling the third world as its poor citizens clamored for a way out. I suggested that my experience in New Orleans working with the city's poorest people in the years before the storm had reflected the reality of third-world conditions in New Orleans, and that Katrina had not turned New Orleans into a third-world city but had only revealed it to the world as such. I explained that my work, running Reprieve, a charity that brought lawyers and volunteers to the Deep South from abroad to work on death penalty issues, had made it clear to me that much of the world had perceived this third-world reality, even if it was unnoticed by our own citizens. To try answer Ryan's question, I attempted to use my own experience to explain that for many people in New Orleans, and in poor communities across the country, the government was merely an antagonist, a terrible landlord, a jailer, and a prosecutor. As a lawyer assigned to indigent people under sentence of death and paid with tax dollars, I explained the difficulty of working with clients who stand to be executed and who are provided my services by the state, not because they deserve them, but because the Constitution requires that certain appeals to be filed before these people can be killed. The state is providing my clients with my assistance, maybe the first real assistance they have ever received from the state, so that the state can kill them. I explained my view that the country had grown complacent before Hurricane Katrina, believing that the civil rights struggle had been fought and won, as though having a national holiday for Martin Luther King, or an annual march by politicians over the bridge in Selma, Alabama, or a prosecution - forty years too late - of Edgar Ray Killen for the murder of civil rights workers in Philadelphia, Mississippi, were any more than gestures. Even though President Bush celebrates his birthday, wouldn't Dr. King cry if he could see how little things have changed since his death? If politicians or journalists went to Selma any other day of the year, they would see that it is a crumbling city suffering from all of the woes of the era before civil rights were won as well as new woes that have come about since. And does anyone really think that the Mississippi criminal justice system could possibly be a vessel of social change when it incarcerates a greater percentage of its population than almost any place in the world, other than Louisiana and Texas, and then compels these prisoners, most of whom are black, to work prison farms that their ancestors worked as chattel of other men? ... I hoped, out loud, that the post-Katrina experience could be a similar moment [to the Triangle Shirtwaist factory fiasco], in which the American people could act like the children in the story and declare that the emperor has no clothes, and hasn't for a long time. That, in light of Katrina, we could be visionary and bold about what people deserve. We could say straight out that there are people in this country who are racist, that minorities are still not getting a fair shake, and that Republican policies heartlessly disregard the needs of individual citizens and betray the common good. As I stood there, exhausted, in front of the thinning audience of New Yorkers, it seemed possible that New Orleans's destruction and the suffering of its citizens hadn't been in vain.

So defendants like Walter McMillian, even in counties that were 40 or 50 percent black, frequently found themselves staring at all-white juries, especially in death penalty cases. Then, in 1986, the Supreme Court ruled in Batson v. Kentucky that prosecutors could be challenged more directly about using peremptory strikes in a racially discriminatory manner, giving hope to black defendants—and forcing prosecutors to find more creative ways to exclude black jurors.

Don’t underestimate the power of a celebrity lawyer, especially if she had been a public prosecutor or advocate general in the past. She can barge into the court of any senior judge and obtain a stay on the arrest of a person. She can force a Supreme Court or a High Court bench to meet at midnight to hear her case. And Indrani is notorious for trying to bribe judges for getting favourable judgements. Of course, all these are backroom manoeuvres and no one gets to know them.

New Rule: Now that liberals have taken back the word "liberal," they also have to take back the word "elite." By now you've heard the constant right-wing attacks on the "elite media," and the "liberal elite." Who may or may not be part of the "Washington elite." A subset of the "East Coast elite." Which is overly influenced by the "Hollywood elite." So basically, unless you're a shit-kicker from Kansas, you're with the terrorists. If you played a drinking game where you did a shot every time Rush Limbaugh attacked someone for being "elite," you'd be almost as wasted as Rush Limbaugh. I don't get it: In other fields--outside of government--elite is a good thing, like an elite fighting force. Tiger Woods is an elite golfer. If I need brain surgery, I'd like an elite doctor. But in politics, elite is bad--the elite aren't down-to-earth and accessible like you and me and President Shit-for-Brains. Which is fine, except that whenever there's a Bush administration scandal, it always traces back to some incompetent political hack appointment, and you think to yourself, "Where are they getting these screwups from?" Well, now we know: from Pat Robertson. I'm not kidding. Take Monica Goodling, who before she resigned last week because she's smack in the middle of the U.S. attorneys scandal, was the third-ranking official in the Justice Department of the United States. She's thirty-three, and though she never even worked as a prosecutor, was tasked with overseeing the job performance of all ninety-three U.S. attorneys. How do you get to the top that fast? Harvard? Princeton? No, Goodling did her undergraduate work at Messiah College--you know, home of the "Fighting Christies"--and then went on to attend Pat Robertson's law school. Yes, Pat Robertson, the man who said the presence of gay people at Disney World would cause "earthquakes, tornadoes, and possibly a meteor," has a law school. And what kid wouldn't want to attend? It's three years, and you have to read only one book. U.S. News & World Report, which does the definitive ranking of colleges, lists Regent as a tier-four school, which is the lowest score it gives. It's not a hard school to get into. You have to renounce Satan and draw a pirate on a matchbook. This is for the people who couldn't get into the University of Phoenix. Now, would you care to guess how many graduates of this televangelist diploma mill work in the Bush administration? On hundred fifty. And you wonder why things are so messed up? We're talking about a top Justice Department official who went to a college founded by a TV host. Would you send your daughter to Maury Povich U? And if you did, would you expect her to get a job at the White House? In two hundred years, we've gone from "we the people" to "up with people." From the best and brightest to dumb and dumber. And where better to find people dumb enough to believe in George Bush than Pat Robertson's law school? The problem here in America isn't that the country is being run by elites. It's that it's being run by a bunch of hayseeds. And by the way, the lawyer Monica Goodling hired to keep her ass out of jail went to a real law school.

The blackest chapter in the history of this State will be the Indian guardianship over these estates,” an Osage leader said, adding, “There has been millions—not thousands—but millions of dollars of many of the Osages dissipated and spent by the guardians themselves.” This so-called Indian business, as White discovered, was an elaborate criminal operation, in which various sectors of society were complicit. The crooked guardians and administrators of Osage estates were typically among the most prominent white citizens: businessmen and ranchers and lawyers and politicians. So were the lawmen and prosecutors and judges who facilitated and concealed the swindling (and, sometimes, acted as guardians and administrators themselves). In 1924, the Indian Rights Association, which defended the interests of indigenous communities, conducted an investigation into what it described as “an orgy of graft and exploitation.” The group documented how rich Indians in Oklahoma were being “shamelessly and openly robbed in a scientific and ruthless manner” and how guardianships were “the plums to be distributed to the faithful friends of the judges as a reward for their support at the polls.” Judges were known to say to citizens, “You vote for me, and I will see that you get a good guardianship.” A white woman married to an Osage man described to a reporter how the locals would plot: “A group of traders and lawyers sprung up who selected certain Indians as their prey. They owned all the officials…. These men had an understanding with each other. They cold-bloodedly said, ‘You take So-and-So, So-and-So and So-and-So and I’ll take these.’ They selected Indians who had full headrights and large farms.

In our tribunal, we look only at personal criminal responsibility in a very tightly defined, narrow way and we demand proof beyond a resonable doubt about the involvement of the individual. We do no have a mandate to establish the moral responsibility of those who saw things happen and did nothing, including people who might have had the capacity to stop the process and did nothing. But we have to be careful in thinking that just because we focus on individual criminal guilt we therefore absolve the community. The old distinctions are too simplistic when we move up the chain of command and witness the merging of the collectivity into the personae of these charismatic political and military leaders.' -Louise Arbour, Chief Prosecutor for International Criminal Tribunal for the Former Yugoslavia

One's understanding of the truth—whether that's the correctness of a fact or the guilt of a person—should never be unalterable. Think of a strongly held, defensible point of view as a block of ice, fixed and solid. When such views are well-founded, holding fast to them is commendable. But if new facts come to light—or new revelations materialize—then that block of ice should crack, melt, and even evaporate.

This list reminds us that before our next breakfast, another twelve women will be killed—mothers, sisters, daughters. In almost every case, the violence that preceded the final violence was a secret kept by several people. This list can say to women who are in that situation that they must get out. It can say to police officers who might not arrest that they must arrest, to doctors who might not notify that they must notify. It can say to prosecutors that they must file charges. It can say to neighbors who might ignore violence that they must not. It

If you are asked any question by a police officer or a government agent and you realize that it is not in your best interest to answer, you should not mention the Fifth Amendment privilege or tell the police that you wish to exercise your right to avoid incriminating yourself. In this day and age, there is too great a danger that the police and the prosecutor might later persuade the judge to use that statement against you as evidence of your guilt. And if they do, to make matters much worse, you have no guarantee that the FBI agent in your case will not slightly misremember your exact words. [....] Even if the officer gets only a few words wrong, it only takes a slight rewording of the privilege to make it sound like a confession. So what do you do instead? Instead mention your Sixth Amendment right to a lawyer, and tell the police that you want a lawyer.

I'm amazed at how [police officers] don't want to come to court. They want to make the case and they want it to get prosecuted, but they don't want to come testify. Sorry, but the ultimate way of writing your report is telling it to a jury. When I was a defense lawyer, I used to think all police officers were liars, but now I find that there are only a few. Most of them are pretty straightforward and do a good job. But there are some, and if I know that they are liars or I know they tend to exaggerate, I try to take that into consideration when I'm dealing with their cases.

This trial is a farce. The real prosecutor is not the state of Finland, but the government of one great power. The real defendants are not the persons who were picked on political grounds and now stand accused here. The real defendant is the Finnish people. The purpose of this trial is not to mete out maximum sentences on those accused, but for a Finnish court to declare that Finland was the aggressor in the war and that the Soviet Union was a peace-loving, wronged victim of an unjustified aggression. [Final statement during Soviet dictated "War-responsibility" mock trial, 1945]

Great detectives are extremely rare. I believe they are the products of thousands of years of evolution. Their abilities to perceive and understand cannot be learned or taught. We can only wait for them to appear. It is unfortunate they are so few, and even more tragic that fewer still ever find their way into police work.

VERY EARLY ONE MORNING in July 1977, the FBI, having been tipped off about Operation Snow White, carried out raids on Scientology offices in Los Angeles and Washington, DC, carting off nearly fifty thousand documents. One of the files was titled “Operation Freakout.” It concerned the treatment of Paulette Cooper, the journalist who had published an exposé of Scientology, The Scandal of Scientology, six years earlier. After having been indicted for perjury and making bomb threats against Scientology, Cooper had gone into a deep depression. She stopped eating. At one point, she weighed just eighty-three pounds. She considered suicide. Finally, she persuaded a doctor to give her sodium pentothal, or “truth serum,” and question her under the anesthesia. The government was sufficiently impressed that the prosecutor dropped the case against her, but her reputation was ruined, she was broke, and her health was uncertain. The day after the FBI raid on the Scientology headquarters, Cooper was flying back from Africa, on assignment for a travel magazine, when she read a story in the International Herald Tribune about the raid. One of the files the federal agents discovered was titled “Operation Freakout.” The goal of the operation was to get Cooper “incarcerated in a mental institution or jail.

This is unjust. The questionnaire includes circumstances of a criminal’s birth and upbringing, including his or her family, neighborhood, and friends. These details should not be relevant to a criminal case or to the sentencing. Indeed, if a prosecutor attempted to tar a defendant by mentioning his brother’s criminal record or the high crime rate in his neighborhood, a decent defense attorney would roar, “Objection, Your Honor!” And a serious judge would sustain it. This is the basis of our legal system. We are judged by what we do, not by who we are. And although we don’t know the exact weights that are attached to these parts of the test, any weight above zero is unreasonable.

One cannot try an idea, nor can it be killed by a gun. An idea must be replaced by a better idea. We must stop glorifying killing "the enemy" and replace the existing war-ethic with a new "peace-ethic."All must learn that law is better than war." The International Military Tribunal at Nuremberg held that aggressive war is the "supreme international crime".

The murder of a child by a parent is horrific and is usually complicated by serious mental illness, as in the Yates and Smith cases. But these cases also tend to create distortions and bias. Police and prosecutors have been influenced by the media coverage, and a presumption of guilt has now fallen on thousands of women—particularly poor women in difficult circumstances—whose children die unexpectedly. Despite America's preeminent status among developed nations, we have always struggled with high rates of infant mortality—much higher than in most developed countries. The inability of many poor women to get adequate health care, including prenatal and post-partum care, has been a serious problem in this country for decades. Even with recent improvements, infant mortality rates continue to be an embarrassment for a nation that spends more on health care than any other country in the world. The criminalization of infant mortality and the persecution of poor women whose children die have taken on new dimensions in twenty-first-century America, as prisons across the country began to bear witness.

Yet the people who cry, “What about the presumption of innocence?” often behave as though there is no objective answer to “Did he do it?” until the trial is over. As though they think people accused of crimes are literally “innocent until proven guilty.” I’m not sure how that would work, exactly—once the verdict comes in, would the accused and the victim travel back in time, so the rape in question could either happen or not happen, based on what the jury decided? If you can’t grasp that any person accused of a crime has already either done it or not done it, regardless of what a future jury has to say, you have a very interesting understanding not only of time and space but of the law. How are police supposed to investigate suspects and make arrests if no one is allowed to draw a reasonable inference that someone is guilty until a jury has officially said so? How are prosecutors supposed to meet their burden of proof, so a jury can officially say so? In reality, lots of people within the justice system—let alone outside it—start to presume guilt after a certain point, because that’s their job

It had personally pained Trump not to be able to give it to him. But if the Republican establishment had not wanted Trump, they had not wanted Christie almost as much. So Christie got the job of leading the transition and the implicit promise of a central job—attorney general or chief of staff. But when he was the federal prosecutor in New Jersey, Christie had sent Jared’s father, Charles Kushner, to jail in 2005. Charlie Kushner, pursued by the feds for an income tax cheat, set up a scheme with a prostitute to blackmail his brother-in-law, who was planning to testify against him. Various accounts, mostly offered by Christie himself, make Jared the vengeful hatchet man in Christie’s aborted Trump administration career. It was a kind of perfect sweet-revenge story: the son of the wronged man (or, in this case—there’s little dispute—the guilty-as-charged man) uses his power over the man who wronged his family. But other accounts offer a subtler and in a way darker picture. Jared Kushner, like sons-in-law everywhere, tiptoes around his father-in-law, carefully displacing as little air as possible: the massive and domineering older man, the reedy and pliant younger one. In the revised death-of-Chris-Christie story, it is not the deferential Jared who strikes back, but—in some sense even more satisfying for the revenge fantasy—Charlie Kushner himself who harshly demands his due. It was his daughter-in-law who held the real influence in the Trump circle, who delivered the blow. Ivanka told her father that Christie’s appointment as chief of staff or to any other high position would be extremely difficult for her and her family, and it would be best that Christie be removed from the Trump orbit altogether.

In the mid-1980s, Congress authorized the creation of the US Sentencing Commission to examine prison terms and codify norms to correct the arbitrary punishments meted out by unaccountable judges. First, in 1989 the commission’s guidelines for individuals went into effect, establishing a point system for how many years of prison a convicted criminal might get, based on the seriousness of the misconduct and a person’s criminal history. In 1991, amid public and congressional outrage that sentences for white-collar criminals were too light and fines and sanctions for corporations too lenient, the Sentencing Commission expanded the concept to cover organizations. It formalized the Sporkin-era regime of offering leniency in exchange for cooperation and reform. The new rules delineated factors that could earn a culprit mercy. In levying a fine, the court should consider, the sentencing guidelines said, “any collateral consequences of conviction.” 1 “Collateral consequences” was, and remains, an ill-defined concept. How worried should the government be if a punishment causes a company to go out of business? Should regulators worry about the cashiering of innocent employees? What about customers, suppliers, or competitors? Should they fret about financial crises? From this rather innocuous mention, the little notion of collateral consequences would blossom into the great strangling vine that came to be known after the financial crisis of 2008 by its shorthand: “too big to jail.” Prosecutors and regulators were crippled by the idea that the government could not criminally sanction some companies—particularly giant banks—for fear that they would collapse, causing serious problems for financial markets or the economy.

Could the Supreme Court have been relied upon as answering this description? It is much to be doubted, whether the members of that tribunal would at all times be endowed with so eminent a portion of fortitude, as would be called for in the execution of so difficult a task; and it is still more to be doubted, whether they would possess the degree of credit and authority, which might, on certain occasions, be indispensable towards reconciling the people to a decision that should happen to clash with an accusation brought by their immediate representatives. A deficiency in the first, would be fatal to the accused; in the last, dangerous to the public tranquillity. The hazard in both these respects, could only be avoided, if at all, by rendering that tribunal more numerous than would consist with a reasonable attention to economy. The necessity of a numerous court for the trial of impeachments, is equally dictated by the nature of the proceeding. This can never be tied down by such strict rules, either in the delineation of the offense by the prosecutors, or in the construction of it by the judges, as in common cases serve to limit the discretion of courts in favor of personal security. There will be no jury to stand between the judges who are to pronounce the sentence of the law, and the party who is to receive or suffer it. The awful discretion which a court of impeachments must necessarily have, to doom to honor or to infamy the most confidential and the most distinguished characters of the community, forbids the commitment of the trust to a small number of persons. These considerations seem alone sufficient to authorize a conclusion, that the Supreme Court would have been an improper substitute for the Senate, as a court of impeachments.

Berkman called no witnesses of his own. Instead, with the aid of an ill-trained interpreter, he began to read his long speech. “Some may wonder why I have declined a legal defense,” Berkman said. “My reasons are twofold. In the first place, I am an anarchist: I do not believe in man-made laws, designed to enslave and oppress humanity. Secondly, an extraordinary phenomenon like an attentat cannot be measured by the narrow standards of legality.” In short, Berkman said, he would explain the deed, and by doing so, society itself would be put on trial. An hour into his presentation, much of which was heard only in mangled English, Judge McClung’s patience came to an end. He ordered Berkman to finish by the rapidly approaching hour of one o’clock. “I can have all the time I want for my defense and will take all the time I need,” Berkman replied. “No, you haven’t,” said the judge. “We’ll teach you different if you think you can dictate to us.” Berkman and his interpreter sputtered on. At 1:10 the judge stopped Berkman and gave the prosecutor the floor. Holding the dagger in his hands, he urged the jury to convict Berkman. The jury didn’t even stir from the box. It immediately pronounced Berkman guilty on all counts. McClung sentenced him to 22 years of confinement.

Dotcom believes one of the reasons he was targeted was his support for Wikileaks founder Julian Assange. He says he was compelled to reach out to the site after US soldier Bradley Manning leaked documents to it. The infamous video recording of the Apache gunship gunning down a group of Iraqis (some of whom, despite widespread belief to the contrary, were later revealed to have been armed), including two Reuters journalists, was the trigger. “Wow, this is really crazy,” Dotcom recalls thinking, watching the black-and-white footage and hearing the operators of the helicopter chat about firing on the group. He made a €20,000 donation to Wikileaks through Megaupload’s UK account. “That was one of the largest donations they got,” he says. According to Dotcom, the US, at the time, was monitoring Wikileaks and trying better to understand its support base. “My name must have popped right up.” The combination of a leaking culture and a website dedicated to producing leaked material would horrify the US government, he says. A willing leaker and a platform on which to do it was “their biggest enemy and their biggest fear . . . If you are in a corrupt government and you know how much fishy stuff is going on in the background, to you, that is the biggest threat — to have a site where people can anonymously submit documents.” Neil MacBride was appointed to the Wikileaks case, meaning Dotcom shares prosecutors with Assange. “I think the Wikileaks connection got me on the radar.” Dotcom believes the US was most scared of the threat of inspiration Wikileaks posed. He also believes it shows just how many secrets the US has hidden from the public and the rest of the world. “That’s why they are going after that so hard. Only a full transparent government will have no corruption and no back door deals or secret organisations or secret agreements. The US is the complete opposite of that. It is really difficult to get any information in the US, so whistleblowing is the one way you can get to information and provide information to the public.

The color is yet another variant in another dimension of variation, that of its relations with the surroundings: this red is what it is only by connecting up from its place with other reds about it, with which it forms a constellation, or with other colors it dominates or that dominate it, that it attracts or that attracts it, that it repels or that repel it. In short, it is a certain node in the woof of the simultaneous and the successive. It is a concretion of visibility, it is not an atom. The red dress a fortiori holds with all its fibers onto the fabric of the visible, and thereby onto a fabric of invisible being. A punctuation in the field of red things, which includes the tiles of roof tops, the flags of gatekeepers and of the Revolution, certain terrains near Aix or in Madagascar, it is also a punctuation in the field of red garments, which includes, along with the dresses of women, robes of professors, bishops, and advocate generals, and also in the field of adornments and that of uniforms. And its red literally is not the same as it appears in one constellation or in the other, as the pure essence of the Revolution of 1917 precipitates in it, or that of the eternal feminine, or that of the public prosecutor, or that of the gypsies dressed like hussars who reigned twenty-five years ago over an inn on the Champs-Elysées. A certain red is also a fossil drawn up from the depths of imaginary worlds. If we took all these participations into account, we would recognize that a naked color, and in general a visible, is not a chunk of absolutely hard, indivisible being, offered all naked to a vision which could be only total or null, but is rather a sort of straits between exterior horizons and interior horizons ever gaping open, something that comes to touch lightly and makes diverse regions of the colored or visible world resound at the distances, a certain differentiation, an ephemeral modulation of this world—less a color or a thing, therefore, than a difference between things and colors, a momentary crystallization of colored being or of visibility. Between the alleged colors and visibles, we would find anew the tissue that lines them, sustains them, nourishes them, and which for its part is not a thing, but a possibility, a latency, and a flesh of things.

Lady Thornton!” the prosecutor rapped out, and he began firing questions at her so rapidly that she could scarcely keep track of them. “Tell us the truth, Lady Thornton. Did that man”-his finger pointed accusingly to where Ian was sitting, out of Elizabeth’s vision-“fid you and bribe you to come back here and tell us this absurd tale? Or did he find you and threaten your life if you didn’t come here today? Isn’t it true that you have no idea where your brother is? Isn’t it true that by your own admission a few moments ago you fled in terror for your life from this cruel man? Isn’t it true that you are afraid of further cruelty from him-“ “No!” Elizabeth cried. Her gaze raced over the male faces around and above her, and she could see not one that looked anything but either dubious or contemptuous of the truths she had told. “No further questions!” “Wait!” In that infinitesimal moment of time Elizabeth realized that if she couldn’t convince them she was telling the truth, she might be able to convince them she was too stupid to make up such a lie. “Yes, my lord,” her voice rang out. “I cannot deny it-about his cruelty, I mean.” Sutherland swung around, his eyes lighting up, and renewed excitement throbbed in the great chamber. “You admit this is a cruel man?” “Yes, I do,” Elizabeth emphatically declared. “My dear, poor woman, could you tell us-all of us-some examples of his cruelty?” “Yes, and when I do, I know you will all understand how truly cruel my husband can be and why I ran off with Robert-my brother, that is.” Madly, she tried to think of half-truths that would not constitute perjury, and she remembered Ian’s words the night he came looking for her at Havenhurst. “Yes, go on.” Everyone in the galleries leaned forward in unison, and Elizabeth had the feeling the whole building was tipping toward her. “When was the last time your husband was cruel?” “Well, just before I left he threatened to cut off my allowance-I had overspent it, and I hated to admit it.” “You were afraid he would beat you for it?” “No, I was afraid he wouldn’t give me more until next quarter!” Someone in the gallery laughed, then the sound was instantly choked. Sutherland started to frown darkly, but Elizabeth plunged ahead. “My husband and I were discussing that very thing-my allowance, I mean-two nights before I ran away with Bobby.” “And did he become abusive during that discussion? Is that the night your maid testified that you were weeping?” “Yes, I believe it was!” “Why were you weeping, Lady Thornton?” The galleries tipped further toward her. “I was in a terrible taking,” Elizabeth said, stating a fact. “I wanted to go away with Bobby. In order to do it, I had to sell my lovely emeralds, which Lord Thornton gave me.” Seized with inspiration, she leaned confiding inches toward the Lord Chancellor upon the woolsack. “I knew he would buy me more, you know.” Startled laughter rang out from the galleries, and it was the encouragement Elizabeth desperately needed. Lord Sutherland, however, wasn’t laughing. He sensed that she was trying to dupe him, but with all the arrogance typical of most of his sex, he could not believe she was smart enough to actually attempt, let alone accomplish it. “I’m supposed to believe you sold your emeralds out of some freakish start-out of a frivolous desire to go off with a man you claim was your brother?” “Goodness, I don’t know what you are supposed to believe. I only know I did it.” “Madam!” he snapped. “You were on the verge of tears, according to the jeweler to whom you sold them. If you were in a frivolous mood, why were you on the verge of tears?” Elizabeth gave him a vacuous look. “I liked my emeralds.

Some judicial officials began to notice the unusual frequency of deaths among the inmates of institutions and some prosecutors even considered asking the Gestapo to investigate the killings. However, none went so far as Lothar Kreyssig, a judge in Brandenburg who specialized in matters of wardship and adoption. A war veteran and a member of the Confessing Church, Kreyssig became suspicious when psychiatric patients who were wards of the court and therefore fell within his area of responsibility began to be transferred from their institutions and were shortly afterwards reported to have died suddenly. Kreyssig wrote Justice Minister Gortner to protest against what he described as an illegal and immoral programme of mass murder. The Justice Minister's response to this and other, similar, queries from local law officers was to try once more to draft a law giving effective immunity to the murderers, only to have it vetoed by Hitler on the grounds that the publicity would give dangerous ammunition to Allied propaganda. Late in April 1941 the Justice Ministry organized a briefing of senior judges and prosecutors by Brack and Heyde, to try to set their minds at rest. In the meantime, Kreyssig was summoned to an interview with the Ministry's top official, State Secretary Roland Freisler, who informed him that the killings were being carried out on Hitler's orders. Refusing to accept this explanation, Kreyssig wrote to the directors of psychiatric hospitals in his district informing them that transfers to killing centres were illegal, and threatening legal action should they transport any of their patients who came within his jurisdiction. It was his legal duty, he proclaimed, to protect the interests and indeed the lives of his charges. A further interview with Gortner failed to persuade him that he was wrong to do this, and he was compulsorily retired in December 1941.

The law isn’t supposed to be about unspoken excuses and behind-the-scenes calculations. The beauty of the system is that judges and juries are allowed to consider only what is seen and heard in open court. In between the white lines of this arena, it’s all supposed to make sense. This is where we all get to be equal again. In the defendant’s chair, rich and poor ride the same roller coaster, face the same music. Case has to match case. Sentence should match sentence. But they don’t match anymore. They probably never did, and probably it was never even close. But at least there was the illusion of it. What’s happened now, in this new era of settlements and non prosecutions is that the state has formally surrendered to its own excuses. It has decided just to punt from the start and take the money which doesn’t become really wrong until it turns around the next day and decides to double down on the less-defended, flooring it all the way to trial against a welfare mom or some joker who sold a brick of dope in the projects. Repeat the same process a few million times, and that’s how the jails in American get the population they have. Even if every single person they sent to jail were guilty, the system would still be an epic fail—it’s the jurisprudential version of Pravda, where the facts int he paper might have all been true on any given day, but the lie was all in what was not said. That’s what nobody gets, that the two approaches to justice may individually make a kind of sense. but side by side they’re a dystopia, here common city courts become factories for turning poor people into prisoners, while federal prosecutors on the white-collar beat turn into overpriced garbage men, who behind closed doors quietly dispose of the sins of the rich for a fee. And it’s evolved this way over time and for a thousand reasons, so that almost nobody is aware of the whole picture, the two worlds so separate that they’re barely visible to each other. The usual political descriptors like “unfairness” and “injustice” don’t really apply. it’s more like a breakdown into madness.