Prison Reform in vogue

The good news about the Great Recession is that state governments are placing a new emphasis on prison reform. The fiscal hawks see the prison system as a place to cut costs and the humanitarians are just happy that their issues are once again in vogue.

Still Can't Catch My Breath

I thought I might be left gasping for breath. I wasn't sure if it would be the blood pooling in the chest cavity or the goo squirting out of the organs that would get to me. I thought that maybe the appalling smell or disgusting texture would leave me breathless. I also considered that the sound of ribs being broken and skulls being sawed open might bring me to my knees.

I had no idea that the beauty of the human body would leave me gasping for air.

I'm clerking for the Los Angeles District Attorney for the second half of this summer, and my supervisor thought it would be a good idea to have me witness an autopsy. Today was the day that I was subjected to and enlightened by the demolition of a dead body for scientific purposes. I, along with two other attorneys and two medical students, watched an autopsy of a 24 year old Guatemalan guy from the side of the autopsy table (yes, close enough to see, hear, smell and even touch the body).

I never once felt squeamish or weak at the side of the blood, skin, bone and organs. In fact, I was immediately intrigued. The wonders of the human body that I've heard about my entire life were right there in front of me. I was struck breathless by the beauty and intricacy of the design of our chest cavity. The way that our organs are situated next to each other seems to be a seamless fit. I was truly in awe at the depth of purpose and design that is inherent in our physical bodies.

I don't ever want to see another autopsy, but I'm pretty happy that I saw this one.

It's a little like TV

I watched a lot of Law and Order with my parents as a kid. You could say that is why I'm in law school, but my Mom will tell you differently. She'll say that Law and Order made me want to be a cop so I could catch the bad guys and make them follow the rules. Either way, I have a very clear image of prosecutors and defense attorneys formed in my mind due to the silver screen. Now that I'm an incredibly experienced trial attorney (eight weeks clerking in the DA's office makes you experienced, right?), I can tell you that it is a little like TV.

I think the typical courtroom drama on television is pretty similar to the drama I experienced in court this summer. Listening to a jury scream and yell in the back room during deliberation is a pretty tense moment to sit through. Waiting for the judge to find probable cause or rule on a motion to suppress is equally tough on the nerves. Further, delivering the closing argument and arguing over who to strike in voir dire are pressure filled moments that thicken the atmosphere of the court. I generally left court emotionally, mentally and physically exhausted due to the drama and pressure of the day. Imagine a six hour episode of Law and Order in which you are responsible for the verdict!

There is one huge difference between real life and television courtroom drama. The people you're dealing with, including yourself, are human and will make mistakes. The facts are rarely neat, the law is rarely obvious and the people are rarely reliable. For example, police officers don't always track down every single lead and record every detail of the crime scene. Attorneys aren't able to spend hours researching case law in their massive legal libraries. Moreover, judges aren't poring over every word out of the attorney's mouth.

Regardless of the stress, pressure and inevitable opportunity for disappointment, I cannot wait to be a litigator. It is simultaneously a difficult mental exercise and an emotional roller coaster. Litigators are required to care for their clients while appearing calm and confident in front of the court. They have to be quick on their toes and deliberate in their speech. Litigators are a rare breed of confident experts that have to relate to the juror next door.

Cast of Characters

I've come across quite the cast of characters while working at the DA's office this summer. It has been interesting to see how differently I have to communicate the same message to different people. Here's a list of a few people I've worked with so far.

Character: communication style required

1. Celebrity Hair Stylist victim/witness in a brutal battery: lots of reassuring/understanding language, emotional, repetitive, comforting, drama is expected
2. Police officer witnesses: jokes (usually at someone else' expense) are a good icebreaker, informal, profanity is common, repetitive
3. Investigators who gather our evidence: appreciative, flattering, ready to laugh at a crass joke
4. Secretary in our section: always start by asking about her son and end with a thank you
5. Judge, in court: formal, more concluding and less explaining
6. Judge, in chambers: pretense of informality but still extremely formal
7. Judge, in writing: get to the point quickly, cares less about case law and more about the code of criminal procedure
8. Supervising Attorney: never use more words than necessary, clarify instructions and reiterate your point of view
9. the 70 year old doorman to our building: be ready for advice about women and respond with "I hear ya"

Prior to writing this, I would have assumed that I pick up on these things because I studied the sociology of communication in undergrad. However, I realize that I learned a lot of this from my family. My grandmother taught me to be sweet and polite while my uncle taught me how to hide my true emotions. My dad gave me many life lessons about respecting my elders while hanging out with my older brother and his friends taught me to be one of the guys. Most importantly, my mom taught me that if you want anything from a mother, you have to ask her about children first.

Go Directly to Jail

You know that scene in all of the lawyer movies where one attorney scribbles notes on a sheet of paper and passes the paper to the other attorney?

That was me today. Except I'm not an attorney. Generally, my senior attorney does the talking while the junior attorney and I take notes. Today was a little different. The senior attorney was out of the courtroom dealing with a witness and the junior attorney was delivering the closing argument. I was taking notes and the junior attorney was forced to use my notes in his close. In fact, he followed my line of reasoning and we got the conviction on a pretty high level case of fraud.

I consider this my first legal victory. Technically, I didn't say a single word on the record. In my mind, however, I just won the biggest case of the year.

Brown v Plata and the Questions that Follow

Brown v. Plata and the Questions that Follow
On May 23rd the Supreme Court told us what we already know: the California prison system is broken. For at least 11 years, the state has operated at 200% of design capacity. The severe over-crowding places the inmates, the guards and the public at a high risk. This case is the culmination of a legal battle that began with another lawsuit in 1990 (Coleman v. Brown).
The Court is requiring California to release 46,000 prisoners in order to get down to 137.5% of design capacity. The Court noted that this is a last resort option, but that it is necessary in order to avoid violating prisoner’s 8th Amendment rights.
Before I get started with the questions, it is worth noting that the prisoners will not be released and free to roam the streets without penatly. Some non-violent offenders will receive early parole while many offenders will be moved from the state system to the county system.
This begs the question: Are we really fixing anything? Will the transfer to county prisons alleviate the strain on the state prisons? Or are we simply shifting the problem and spreading the over-crowding to affect counties, as well?
Further, how did things get so out of hand? Are we not paying enough in tax dollars in order to maintain the prison population? Is the state mismanaging the funds that it is given to maintain the prison system? Can we blame antiquated sentencing law for the over crowding? Can we blame systemic poverty and lack of employment and education on the over crowding?
On another note, are we affording too many rights to the prisoners? Are we allowing their right to avoid cruel and unusual punishment to impinge upon our expectation of safe streets and neighborhoods?
Last but not least, is this problem bigger than the California Department of Corrections and Rehabilitation?
I’m looking forward to see how this problem plays out over the next few years. I look forward to researching the topic and hopefully working in a field that will provide sustainable, effective solutions to the problem.

One Week Down

I have officially finished my first week clerking for the New Orleans District Attorney's Office. I've learned a lot in a week, but I've decided to limit this post to the top three most surprising things I've learned:

1. Prosecutors do it all. I assumed that prosecutors simply showed up to court and made eloquent, thought provoking legal arguments that were crafted over board meetings with their supervisors. Nope. The attorneys I work for do their own filing, copying, research, fact checking, scheduling, interviewing, arguing, writing, reading and more.

2. Prosecutors truly care. The common assumption is that public defenders are bleeding heart liberals and prosecutors are hard nosed cut throats. I've seen an incredible amount of compassion from both sides. They do not talk about their cases as facts and figures but as people and families in the community. Its refreshing to see how much these prosecutors care about people that they don't even know.

3. Prosecutors don't eat lunch. I'm working under three attorneys who do not even have time to eat lunch. They get to the office before I do (8:30 a.m.) to prepare for court. They're in court from 9:00 until anywhere from 1:00 p.m. - 6:00 p.m. Then, they stay in the office well after I leave (6:00 p.m.). They work long hours six to seven days a week. You would think they would be slacking off and enjoying some fine New Orleans cuisine while the court takes its lunch recess. Nope. These attorneys are prepping police officers, calling witnesses and further preparing their arguments for the ensuing trial while the rest of the world is on its lunch break.