Raise the Age

The Charlotte Observer ran an editorial yesterday supporting legislation that would raise the age on juvenile justice cases. You can read it here. The law would treat those 16 and 17 years old as juveniles, as the majority of states do. Currently anyone 16 or older is treated as an adult. The difference of one year is monumental. As the editorial highlights, prosecuting a 16 year old does not reduce crime. Rearrests rates are higher for those who are sent through the adult criminal system.

This bill never made it out of committee last time. I hope it gets father this time. Anyone who wants to support raising the age can go to this website for further information.

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The Fingerprint

In some criminal cases, every fact is at issue. You will find the District Attorney and defense attorney sparring over the credibility of witnesses, the collection of evidence and the facts at issue. Occasionally, a defense attorney will have a case where there isn't a real dispute over the evidence. The question becomes whether that evidence is enough to find a person responsible for the crime beyond a reasonable doubt. I had this type of case last week.

The charges were felony breaking and entering a residence, conspiracy to commit breaking and entering and larceny. The only evidence connecting my client to the crime scene was a fingerprint lift off a flat panel television inside the residence. The victim testified she left her apartment in the morning and came back to find her front door kicked in and house completely ransacked. Multiple items were missing. She furthered testified that she did not know my client and my client did not have any permission to be in her house. One item, a pair of earrings, was found later at a pawn shop. Anyone who takes an item to a pawn shop must fill out a form with their name, fingerprint and other information. This was not filled out by my client.

The judge granted my motion to dismiss the larceny and conspiracy charge at the close of the States' evidence. All that was left was the breaking and entering charge. I argued that the most powerful evidence acquitting my client was the lack of evidence; the victim never testified how long she had owned that television. The State's fingerprint expert testified on my cross examination that a fingerprint can survive for a long period of time if it is not tampered with. I argued that the victim could of bought that television off of Craig's List a week ago, it could have been bought as an 'open item' at Best Buy.  Here, the absence of evidence should acquit my client.

I won that case. Sometimes a fingerprint isn't enough.

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Jury Duty

While I know I have zero chance of ever being selected to be on a jury, I do live vicariously through friends and family when they receive their summons in the mail. Last week it was mother's turn to complete her civic duty in Federal Court. It was around 2:00 when I received her text that she had been excused. It was her summary of events that made me shake my head and grin...

She was seated in the jury box while the judge asked general questions to all members of the panel. She did not respond when asked if she knew anyone in law enforcement. No, she thought, her daughter is a criminal defense attorney. The judge eventually started asking her individual questions including the standard question "is there any reason you couldn't be fair?". My mom responded that she thought she should mention that her daughter was a former Deputy District Attorney and now practices as a criminal defense attorney in Mecklenburg County. The judge immediately asked my mom why she didn't mention that when he asked about law enforcement.

My mother's response: "My daughter doesn't enforce the law, your honor, she defends it." She was summarily dismissed by the government's attorney.


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Incarceration or Rehabilitation?

A new survey released today shows that most Mecklenburg County residents prefer rehabilitation and treatment as an option for those accused of crimes rather than automatic incarceration. The Charlotte Observer summarized the results in today's paper. While residents are concerned with violent crime, many support first time, non violent offenders receive treatment programs:

Although incarceration is still an option in some cases, most residents do not believe it should be used for nonviolent crimes and low risk offenders. 

Statistics show that rehabilitation through court ordered Drug Courts/ DWI Step Court is a viable option,  Support within the community often increases for such programs when citizens learn the costs of incarceration. According to the article, Mecklenburg County spends more than $80 million each year to run it's jails. The cost to house an inmate per day $110.23.

To read the entire survey, click here.

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North Carolina Operation Recovery

WSOCTV recent news story about veterans receiving treatment for Post-Traumatic Stress Disorder caught my attention. You can watch it here.  North Carolina Operation Recovery is a pilot program that assists veterans who are combating mental illness, mental disorders or have traumatic brain injures. The program focuses on both individuals that have current cases in the criminal justice system and those who are likely to become involved in the system.  Operation Recovery seeks to provide treatment to veterans and, if appropriate, focus on treatment instead of incarceration. Here is the link to Operation Recovery and the link to the Veterans Treatment Court.

The story highlighted an alarming statistic that over 1 million American veterans are currently serving jail terms in our country. Equally troubling is the statistic that 18 veterans commit suicide every day.   The New York Times highlighted the case of  veteran Brad Eifert who ended up in jail after an armed confrontation with police that resulted from a suicide attempt. Access to care appears to be a central factor in all these cases. Suicide rates appear to be higher for men ranging from 18-29 that served in Iraq and Afghanistan.  The number drops significantly for those who had access to VA health care. 

These stories are incredibly alarming. Organizations like North Carolina Operation Recovery certainly seem important in light of these statistics. 

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Juror Hold Out

I have never sat on a jury. The closest I came to being accepted as a jurist was in my third year of law school when I made it out of the jury waiting room, was sent to a courtroom for a criminal trial and was called in the 'box'. The 'box' is the area where the jury sits during the trial. There I was questioned by the attorneys and was promptly dismissed after the defense attorney found out that I had spent a summer working in the District Attorney's office. That will likely be the closest I will ever come to serving on a jury. While many citizens dread the jury summons notice, I will continue hold out hope.

Courtesy of Time Warner Cable, the 'juror hold out' commercial.

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Advocating For Your Client

I previously wrote a post about defense attorneys being the most unpopular person in the room. A defense attorney has to be comfortable with that. Their job is to advocate for their client. The cold stares in the courtroom must be disregarded. Your client is your priority.

I represented a man earlier this week in a 50b restraining/protective order civil hearing. A women was accusing my client of acts of violence that would entitle her to a protective order. These are serious allegations. Not only does a protective order get placed in a national registry, but the judge can order the defendant to enroll and complete a batterers treatment  program, award attorneys fees and even structure child visitation if they are related to the case. We had a strong case with good evidence to rebut her claims.  The judge refused to grant the women's request and the case was dismissed. My client was happy. Others in the courtroom were not.

Later in the week I was back in criminal court with a different client. My client was accused of assaulting a police officer at the jail. I felt the video exonerated my client. The judge found her not guilty of the assault on the police officer. As far as being the most unpopular person in the room;  police officers in Mecklenburg County are subpoenaed twice a month for cases they have worked on. They come to court on their court day and sit in rows on the side of the courtroom. They wait for their cases to be heard and watch the court proceedings. I felt the stare of many in the courtroom while I cross examined the officer regarding the issue which I believed was excessive force used by the officer.

The job of the prosecutor is to represent the state. They are not there to advocate for the accused. A defense attorney won't win a popularity contest, but that is not their job. Their job is to advocate for their client, even though it might be unpopular.

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