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When I see a story about an unjust sentence, I think back to the brief time that I worked as a Special Assistant US Attorney (admittedly, almost entirely misdemeanors, not crimes of the century). If a case looked stupid or unfair, I just moved to dismiss it. It was that easy. https://twitter.com/cnn/status/1291454004019499010
It’s important to remember that despite the lack of discretion that people will complain the law affords them, there is always someone in the process who can intervene to stop an injustice, and that person chooses not to.
One case in particular still sticks out. A guy got a ticket on base for driving with no insurance. Sounds irresponsible, right? Well, he was driving a church van. He shuttled young Soldiers to and from local church services and fellowship lunches and dinners.
These were Soldiers who otherwise had few social options aside from nasty bars and fast food.
He didn’t know the church failed to renew the insurance days prior.
Why didn’t the patrolman simply tell him, “hey the insurance expired. Turn around and go back”? Why ticket him?
He didn’t know the church failed to renew the insurance days prior.
Why didn’t the patrolman simply tell him, “hey the insurance expired. Turn around and go back”? Why ticket him?
He was attempting to fight it with assistance of a public defender because he had too many points on his record. Why so many points? He had been pulled over in a notorious speed trap in New Llano (as anyone who has been to Ft. Polk) twice - both while driving a church van.
His public defender wanted me to change the charge to something lessor: “improper parking.” I told I’m not standing in front of a judge and saying, “oops, we didn’t mean no insurance; we meant improper parking. I’m just dismissing this with prejudice. This is stupid.”
And guess what? The judge said “motion granted.” Done. And I never saw that guy on the blotter report again.
