May 22, 2013
Injustice For Cameron D’Ambrosio

Every time I look at this young man’s photo, my heart breaks apart for him and his family:

image

Cameron D’Ambrosio should not be in handcuffs.  He should not be in a court room.  He should not have been arrested, and he damn well sure should not have been accused of Communicating a Terrorist Threat, or threatened with 20 years in prison for making what amounts to poor word choices.

This entire case is shot through with injustice:

Before charges were even formally filed, local newspapers were already posting pictures from Cam’s facebook and pointing to “disturbing” posts like “Fuck politics. Fuck Obama. Fuck the government!” and “satanic” imagery (like some image from a metal band’s poster.) All of this is free speech that is 100% protected by the 1st Amendment.

And then there’s this:

Fox News went so far as to say that Cam’s facebook profile had images that they “couldn’t show on TV.” They and other media outlets frequently and intentionally printed only a small section of the lyrics that Cam was arrested for allegedly writing, and took them out of context to make rap metaphors sound like a real threat.

The media printed:

“(Expletive) a boston bominb wait till u see the (expletive) I do, I’ma be famous”

The actual line is:

“(Expletive) a boston bominb wait till u see the (expletive) I do, I’ma be famous rapping”

Notice something? The context completely changes the meaning of the line. Suddenly something that sounds like a threat of violence is clearly just bragging about how good Cammy Dee is going to be in the rap game. Last we checked, teenage dreams of grandeur were not a crime.

Such omissions are scandalous.  You can see one example here (they also incorrectly stated that Cameron pleaded “guilty.”  He pled “not guilty.”).  The source above also reported that Cameron was arrested on a previous assault and battery charge, but neglected to mention that those charges were later dismissed.

This case involves a number of horrifying breaches of journalistic ethics, paired with a complete, utter failure to exercise prosecutorial discretion.  A young 18-year old man with his whole life ahead of him may spend the next 20 years of his life in prison for doing nothing more than posting uncouth status updates on his Facebook page.  As Rob D’Ovidio, a criminal justice professor at Drexel University, said recently:

When I was young, calling a bomb threat to your high school because you didn’t want to go to school that day was treated with a slap on the wrist. Try that nowadays and you’re going to prison, no question about it. They are taking it more seriously now[.]

And then there’s this gem from the local police chief:

“There are no more threats that are high school pranks,” said Joseph Solomon, police chief, during a press conference Thursday afternoon. “If they’re thinking that way, they need to get their heads into 2013.”

This is the incarceration nation in motion.  The fear of legitimate threats is used to extend the scope of punitive executive scrutiny to cases that otherwise would’ve been dealt with outside the criminal justice system.  Stupid mistakes and ill-timed remarks become serious felonies with decades in prison as the penalty.

Cases like this highlight the need for people to push back against the overcriminalization of America.  We need to stop sending our kids to prison for dumb mistakes.  We need to stop traumatizing 18-year olds by making them do the perp walk, and then telling them they’re facing 20 years in prison for being oafish online.   None of this is necessary.  All of it is unjust, improper, and counterproductive.

 

May 22, 2013
Free speech for irritating little punks

hipsterlibertarian:

Q. re: Ambrosia: “D’Ambrosio has a history of making violent threats, once to his sister and once to a pair of eighth graders. Police responded to an incident in 2006, during which a woman said D’Ambrosio bit her son. In September, another student severely beat D’Ambrosio and put him in the hospital. Police Chief Joseph Solomon said the altercation started with a Facebook post by D’Ambrosio about the student’s girlfriend.” — guyatree

A. Ok, so he bit someone, made threats, and got beat up for being a jerk on Facebook. In civilized societies, we don’t punish people for made-up crimes because we don’t like them or their past antics.

The issue at hand isn’t whether or not this is an unsavory individual — that question seems very settled already.

The issue at hand is that it’s a huge violation of the First Amendment to jail a kid for terrorism because he tactlessly wrote on Facebook that his coming rap career would receive more media coverage than the Boston bombing. Free speech is a right held even by jerks.

(Note: This question and my answer references this story. D’Ambrosia is the kid in jail.)

Rebloggable by request.

LTMC: There’s also a question of what, if any crime he actually committed.Even if we assumed that he did commit a crime, simply mentioning the Boston bombing in a sentence is not tantamount to Communicating a Terrorist Threat.  Making verbal threats in the past is not the same as Communicating a Terrorist Threat.  Biting someone is not the same as Communicating a Terrorist threat.  Talking shit about someone’s girlfriend on facebook is not the same as Communicating a Terrorist threat.  There is a reason why those types of prior bad acts generally get excluded from evidence in court.  

When you look at the context of D’Ambrosio’s facebook post, it’s clear to any reasonable person that he wasn’t mentioning the Boston bombing as an analogy for future acts he intended to commit.  He’s referring to the size of the media coverage surrounding the bombings, and saying that his rap career would garner even more media coverage than the Boston bombings.  

Was this insensitive?  Perhaps.  But that’s completely irrelevant to the legal analysis of his actions.  Think about how many “insensitive” 9/11 jokes were made on the internet after the Twin Towers collapsed.  Was the person who made this series of pictures guilty of Communicating a Terrorist Threat?

image

Or even better, how about this person?

image

And what about Adam Kokesh, the organizer of the open-carry gun march on D.C., who infamously tweeted that When the government comes to take your guns, you can shoot government agents, or submit to slavery.”  Isn’t that closer to Communicating a Terrorist Threat than saying that your rap career will garner more media coverage than the Boston bombing?  (Kokesh was later arrested, but not for this tweet).

This is a perfect demonstration of Harvey Silverglate’s thesis in Three Felonies a Day: How the Feds Target the Innocent.  Federal law enforcement officials transmute innocent conduct into criminal activity by stringing together unrelated statements and occurrences, and then presenting them to judges and juries as if they’re meaningful.  D’Ambrosio’s statement had nothing to do with terrorism, and everything to do with media coverage.  He’s guilty of nothing more than using a poor comparison.  But the only reason it’s poor in the first place is because of the risk that overzealous federal authorities might misinterpret his remarks.  The wrongful act here is not D’Ambrosio’s statement, but the overzealous enforcement of a misguided federal law.

May 22, 2013
"For some reason when it comes to my indigent ghetto clients, it becomes easy to forget that people, including those who break the law, are complicated and often charming. That they too contain multitudes. Oddly, no one has trouble understanding the humanity of White crooks. We mythologize them all the time—Bonnie and Clyde, John Gotti, Carolyn Warmus—all are complex people we find ways to relate to and even admire. At the movies we cheer for Butch and Sundance, Scarface, or [the] Ocean’s Eleven crew. The fact that John Gotti was a ruthless killer who wreaked havoc on far more lives than any of my clients ever touched never eclipses the public memory of him as big, handsome, and defiant. People loved Gotti’s resistance to governmental authority. But put a Black face on Gotti and no matter how dapper a don he is, the press, the prosecutors, and the public only read menace. I’ve often represented people as “big,” “handsome,” and “defiant” as John Gotti, yet when I invoke the humanity of these faceless robbers and killers, it sends most listeners from the land of mere confusion to that of utter incomprehension. To this day, I wrestle with where this understanding goes off the rails. Fundamentalist Christians constantly speak passionately about seeing the possibility of redemption in everyone, and no one bats an eye. But make this same point in the secular context of the criminal justice system, and rather than praiseworthy piety it is head as liberal gibberish."

— David Feige, Indefensible: One Lawyer’s Journey into the Inferno of American Justicepg. 53–54,

May 22, 2013
Judge Criticizes ‘High Error Rate’ of New York Police Stops

May 20, 2013
The Yale Law Journal Online - The Myth of Prosecutorial Accountability After Connick v. Thompson: Why Existing Professional Responsibility Measures Cannot Protect Against Prosecutorial Misconduct

A fabulous Essay from Yale Law Journal:

On March 29, 2011, the Supreme Court—by a vote of five to four—overturned a $14 million jury verdict in favor of John Thompson, a Louisiana man who spent fourteen years on death row because prosecutors withheld exculpatory blood evidence from his defense attorneys. Thompson had sued the Orleans Parish District Attorney’s Office based on a failure-to-train theory, arguing that the office had denied him due process of law through its deliberate indifference toward the need to train its attorneys in proper disclosure procedures. Thompson’s failure-to-train theory relied on Brady v. Maryland, a 1963 Supreme Court decision that requires prosecutors to share evidence with defendants in criminal cases when that evidence is “material either to guilt or to punishment.” The Connick Court, in an opinion authored by Justice Thomas, disagreed with Thompson’s argument. According to Justice Thomas’s majority opinion, a single Brady violation—i.e., a one-time failure to disclose “material” evidence—is insufficient to establish liability on a failure-to-train theory.

Emphasis added for one of the many reasons I drink at night.

May 20, 2013
"According to an ongoing study conducted by Black Women’s Blueprint, sixty percent of Black girls have experienced sexual abuse before the age of 18. More than 300 Black women nationwide participated in the research project. A similar study conducted by The Black Women’s Health Imperative seven years ago found the rate of sexual assault was approximately 40%."

Brooke Axtell, Black Women, Sexual Assault, And The Art Of Resistance.

Also from the article:

There are many reasons why Black women may choose not to report incidences of sexual assault. Survivors of all races often fear that they will not be believed or will be blamed for their attack, but Black women face unique challenges.

Historically, law enforcement has been used to control African-American communities through brutality and racial profiling. It may be difficult for a Black woman to seek help if she feels it could be at the expense of African-American men or her community. The history of racial injustice (particularly the stereotype of the Black male as a sexual predator) and the need to protect her community from further attack might persuade a survivor to remain silent.

May 15, 2013
Charges dropped against Florida teen over amateur science experiment — MSNBC

Good to see the D.A. came to their senses.  This young woman never deserved to be treated this way.

May 9, 2013
The Good, The Bad, And Charles Ramsey

One of mankind’s strongest propensities is the desire to classify people into neat categories.  Categories helps us organize our lives into predictable patterns, and help us manage risk.  Stereotypes often have their genesis in an unwitting attempt to classify human behavior so as to minimize one’s exposure to risk.  Unfortunately, history has taught that when people relying on these stereotypes also occupy positions of power—whether political or cultural—the results can be devastating.  Stereotypes can and often do calcify into hierarchies that lead to inequitable treatment for the affected groups.

Nowhere is the desire for categories more apparent than in the criminal justice system.  For literally thousands of years, human civilizations have erected institutions whose purpose is to separate those who participate in anti-social behavior from the rest of society.  A person convicted of such behavior is “marked” by the system for the safety of others.  In contemporary parlance, we would refer to this as the person’s “record.”  Those so marked are referred to as “convicts,” “felons,” and so forth.  

The primary purpose of this arrangement, like any other system of human classification, is to help people manage risk.  When you see a convict, you know something about their past.  In theory, this means that you’re dealing with a person who has shown themselves capable of some form of malfeasance in the past.  This allows you to manage your dealings with that individual so as to reduce your risk of injury.  At least, that’s how it’s supposed to work in theory.

The problem with this arrangement is that, while convenient and easy to understand, it is riddled with flaws.  Perhaps none greater than the simple fact that it belies the complexity of the human condition.  It creates a world in which people cannot fathom how a drug dealer who shamelessly fed the habits of addicts might nonetheless still be a good father to his children.  It creates a world in which people cannot fathom how a person might steal someone’s car in the morning, but tend to their sick, elderly grandmother at night.  Under this arrangement, people cannot fathom how a person might inflict grievous injury on a person one day, but then later turn around and save someone’s life the next.

And so it is when we learn that Charles Ramsey, the Cleveland neighbor who recently helped save several female captives from a kidnapping nightmare which lasted upwards of 10 years, is a convicted felon who served time in prison for battering his ex-wife.  He apparently has several convictions on his record, with the latest occurring in 2003:

Ramsey’s first domestic violence charge came in February 1997. He entered a no contest plea a year later and was found guilty of the count by a Cleveland Municipal Court judge. While waiting to be sentenced, Ramsey was again arrested for domestic violence.

At the time of Ramsey’s second collar, in July 1998, he was already the subject of an arrest warrant issued in connection with his failure to appear for a court hearing in the first domestic violence case. As a result, Ramsey was jailed for violating terms of his release on bond. Ramsey subsequently entered a no contest plea to the second case and was, again, found guilty by a Cleveland judge.

The domestic violence cases apparently were consolidated for sentencing in August 1998, when Ramsey was ordered to serve six months in jail, placed on five years probation, and directed to attend a domestic violence counseling program.

Following his release from custody, Ramsey violated probation terms, according to an April 1999 court docket entry. While an arrest warrant was issued for Ramsey, it is unclear from court records whether it was executed before both misdemeanor cases were formally closed several years later.

Ramsey was again busted for domestic abuse in January 2003. He was subsequently indicted for felony “domestic violence with prior conviction,” a reference to his previous abuse cases.

There’s been a lot of commentary surrounding Ramsey’s case.  Many have called him a hero for rushing to the aid of Amanda Berry, Gina DeJesus, and Michelle Knight.  But can a former wife batterer really be a hero?

Whatever crimes Charles Ramsey has committed, it doesn’t change the fact that he helped end the kidnapping nightmare of several incredibly scared and and abused women.  He also helped reunite those women with their families.  The injuries he has inflicted in the past, however repugnant, do not diminish the relief that these women must feel at finally having their freedom.  They do not diminish the unexpected joy their families feel at discovering that their daughters are still alive.

This is why the desire to classify people as fundamentally “good” or “bad” does us a disservice.  As I’m often anxious to point out around here, “virtues don’t excuse sins, they cohabit with them.”  No person is the sum of the worst thing they’ve ever done.  That doesn’t mean we ought to ignore Ramsey’s prior bad acts altogether.  It simply means that the “goodness” of his recent actions do not depend on the absence of prior bad acts in his past.  Human beings are complex creatures, and they act for complex reasons.  Charles Ramsey may have been precisely the sort of scumbag who beats his wife back in 2003.  But he’s also the same scumbag who recently helped end the living nightmares of three captured and abused women.  Those women probably do not care much about Charles Ramsey’s checkered past.  His good deeds don’t necessarily absolve him of past wrongs.  But perhaps Ramsey’s recent actions are a good indicator that the way we label and treat convicted felons doesn’t necessarily tell us a whole lot about their capacity to be “good” after they’ve incurred a debt to society—even if that debt was the result of real injuries he may have inflicted on others in the past.

May 3, 2013
"Brain-imaging techniques are identifying physical deformations and functional abnormalities that predispose some individuals to violence. In one recent study, brain scans correctly predicted which inmates in a New Mexico prison were most likely to commit another crime after release. Nor is the story exclusively genetic: A poor environment can change the early brain and make for antisocial behavior later in life."

Arian Raine, The Criminal Mind

Next stop: Minority Report dystopia.

h/t NACDL

May 2, 2013
Meg Lanker-Simons Cited For Making UW Crushes Post

shortformblog:

prettayprettaygood:

University of Wyoming Police have issued a citation to Meg Lanker-Simons for a charge of interference.  According to the citation “Subject admitted to making a controversial post on UW Crushes webpage and then lied about not doing it.”

An anonymous statement posted to the UW Crushes Facebook page last week caused a controversy.  The post stated that the author would like to copulate with Lanker-Simons in an angry manner.  At the time, Lanker-Simons came out publicly against the post saying that she had felt threatened by it and perceived the post as a rape-threat.

University of Wyoming spokesperson Chad Baldwin said that the citation was the result of UW Police Department’s investigation into the UW Crushes Facbook incident, but could not comment further.

Wow.

Update: More information is available here.

Um, not sure what happened, but based on a search, Meg (who runs the popular Cognitive Dissonance Tumblr) ended up having to take down her site temporarily. But Fox Nation picked this up, so now it’s going crazy. *whew*

LTMC: This is a good case study in how the presumption of innocence is literally dead in America.  Look at the comments in the news article.  Most of the commenters are assuming that she did do it based on nothing more than the word of the authorities.  The University police claim to have “substantial evidence” of wrong-doing, and that’s all it takes.  Bam!  Guilty!  Break out the Rack and thumb-screws!

On a related note: this incident could jeopardize her law school acceptance and future admission to the bar.  Bar examiners generally don’t care if you have a minor conviction on your record, but crimes involving deceit, fraud, or misrepresentation are huge no-no’s.  Even if she’s innocent, the accusation alone generally has to be disclosed in  applications for admission to the bar.  So I wish her the best in future proceedings.  Hopefully this gets resolved in a manner that doesn’t derail her career.

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