tag:blogger.com,1999:blog-6238764490786855274.post4048196133488217939..comments2024-03-20T10:44:31.869-05:00Comments on D.A. Confidential: Prison, probation, perspectiveD.A. Confidentialhttp://www.blogger.com/profile/08445074681227492215noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6238764490786855274.post-53517675823260117612010-03-03T13:58:19.090-06:002010-03-03T13:58:19.090-06:00Grits-
I'd respectfully ask you to go back a...Grits- <br /><br />I'd respectfully ask you to go back and re-read what I wrote. Unlike Bono, you always seem to find what you're looking for, but this is no pro-prosecution lock 'em all up screed. In particular, I specifically mentioned that there is a very difficult and complex choice inherent in pursuing incarceration over stringent conditions of probation.<br /><br />"The practice of punishing DWI with no victim harshly (I'm guessing without any treatment while in jail) while the violent offender gets a lighter sentence seems like a perversion of priorities, with all respect."<br /><br />Although we've gotten lots of rain where I work, I don't think the pastures here quite support that strawman. For one, to call a DWI a crime without a victim is like saying that Russian roulette is a game without a loser. With a small enough sample size that's correct. Beyond that, I don't know where you get the impression that I'm dealing with DWI defendants harshly while letting violent offenders off with a light sentence. If you have issue with the fact that I correctly described the DWI ranges of punishment (probation or a max of 180/365 days in jail) then that's an issue for legislators. If you're referring to the fact that two defendants received probation rather than incarceration for an assault, then you do so without knowing anything about the story. For starters, it was a decision made in consultation with the victim, a topic you've written extensively about. <br /><br />Finally, as far as "the parenting metaphor for the justice system shouldn't be 'protection' of our young but training them to make responsible decisions." That's a fine platitude, but for many defendants it's nothing but a platitude. I'd love to be able to train defendants to make responsible decisions, but in many cases it's not going to happen no matter how many treatment options they're assigned. I can't even begin to tell you the number of repeat DWIs that I see that occur while the defendant is still on probation for the first one, or how many domestic violence cases I see while a defendant is attending both Batterer's Intervention and anger management.<br /><br />So I really would ask you to go back and re-read what I've written. It's not intended as a justification for locking away every single defendant. At the same time, I'm trying to acknowledge that some defendants simply WILL NOT reform their behavior, no matter how many tools or chances they're given.The Assistanthttps://www.blogger.com/profile/09105337414507303455noreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-84074553308837299182010-03-02T19:19:58.873-06:002010-03-02T19:19:58.873-06:00"a criminal does not endanger society in the ..."a criminal does not endanger society in the same way if he is isolated from it ... there is no surer way to take a habitual DWI offender off the road than to deprive them of their liberty."<br /><br />I'd argue this is only true theoretically, and only in an imaginary world where resources are limitless, DWI offenders never get out, and new, younger DWI offenders are unavailable to replace them. But I don't think it's true in practice, where most people who drive drunk are not caught and nearly everyone sent to prison is ultimately released. That makes incarceration for DWI a short-term, mostly-for-show solution, at best, rather than "eliminating" a threat from society. Practical limits on the cost of mass incarceration mean it cannot be otherwise.<br /><br />In the real world, choices must be made between, say, incarcerating the DWI offender and the violent offender, much less those in possession of low levels of drugs, etc., at which point the equation you describe becomes more complex, the morality less black and white, and the relative benefits of incarceration less obvious compared to a strong probation regimen, particularly for drunks, drug addicts, etc.. <br /><br />You also assume petty crooks and drunks won't become MORE dangerous while inside.<br /><br />The practice of punishing DWI with no victim harshly (I'm guessing without any treatment while in jail) while the violent offender gets a lighter sentence seems like a perversion of priorities, with all respect.<br /><br />Finally, something struck me as you linked your job goals with your desire to protect your newborn son. (My kid is now 25, and I've got a 3 year old granddaughter.) It's difficult to see at this age, but the toughest job in parenting is NOT protecting them, but teaching them to behave responsibly and take care of themselves while you learn to let go. That urge for protection is powerful, particularly when they're so young, but it's not the most difficult thing about parenting. Letting them make their own decisions later in life, even ones that you disagree with and that may put them in danger, requires much more courage and wisdom as a parent. That may not seem accurate now, but it'll make more sense when the kid's 17.<br /><br />Especially for drunks and addicts, the parenting metaphor for the justice system shouldn't be "protection" of our young but training them to make responsible decisions. Incarceration does little to achieve that goal.<br /><br />And congrats, btw, on the new young'un. :)Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-86831921097035095892010-03-02T08:50:13.787-06:002010-03-02T08:50:13.787-06:00I also have better teeth, but that goes without sa...I also have better teeth, but that goes without saying since DAC is British.The Assistanthttps://www.blogger.com/profile/09105337414507303455noreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-10305191623242901082010-03-02T08:40:02.728-06:002010-03-02T08:40:02.728-06:00Look lady, he's a good guy and all. But where...Look lady, he's a good guy and all. But where's my love? I mean sure, he's probably a "nicer" person, a more "honest" person, a "better" lawyer, and a "more caring human being," but really, sheesh. <br /><br />;)D.A. Confidentialhttps://www.blogger.com/profile/08445074681227492215noreply@blogger.comtag:blogger.com,1999:blog-6238764490786855274.post-26857795102209792232010-03-02T08:26:28.641-06:002010-03-02T08:26:28.641-06:00What a powerful post. Thank you so much. It is tru...What a powerful post. Thank you so much. It is truly good to know that there are people who care so deeply out there, protecting us. On behalf of me, and my son and daughter, thank you for all you do.Jennifer Schuberthttps://www.blogger.com/profile/06451850378184866492noreply@blogger.com