An Interview With a Seven-Decade Criminal Defense Lawyer

atticus

Interesting thoughts on crime, punishments, cops, and judges.

Useful for those considering the post-war environment.

As they should be.

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33 responses to “An Interview With a Seven-Decade Criminal Defense Lawyer

  1. Sir: Thanks for the link, his thoughts broke my complete ongoing despondency in the culture of the chosen ones for one minute……. Soapweed

  2. Wow, an article from a member of the criminal “Justice System” that recognizes the problems with it. Will wonders never cease?

    My only nit is that he is not cynical enough, he is still a believer. The law is not some vast, wonderful edifice, or even something basically good:
    http://strike-the-root.com/law

  3. Outstanding overview of the criminal justice system. It’s a game of egos. Dominated by megalomaniacs, and fucking pigs. Double standards are daily present, and their are people who are UN- touchable, based on money, or politics.

    Bottom line, the system is rigged, to favor the political idiots. We currently have a shinning example of the failure of the criminal justice system, in Climton.

    dosent matter if it’s a dem, or a rep, at the helm, it’s all corrupt. It’s getting worse, we are no longer a republic, we are a Fascist nation, truly run by oligarchs, and company CEOs who want special treatment for them and theirs.

    As evidence I suggest reading the currant exposed emails of shitbags like Soros etc etc. fuckers need a bullet in their face, their entire families should be hung including their dogs and cats.

    Dirk

  4. According to Black’s Law Dictionary the primary purpose of the justice system is “to make the victim whole”, and that hasn’t been the goal for a very long time if ever. If a thug steals my blu-ray, gets caught and sent to jail how does that make me whole? If my blu-ray is returned in damaged condition how does that make me whole?

    With *victimless* crimes, who is the victim that is to be made whole? The first person to say ‘society’ gets punched right in the face.

    Seems the only people benefiting from the justice system are the very people employed in it.

    • Shhhh!

      They’re all heroes.

      Doing it for us.

      • Colorado Knightowl

        No they’re not, but what is your alternative?
        No Sheriff? No Courts? Vigilantes? Citizen Committees? No Laws, so there need be no law enforcement?
        I would return to the so-called “polite society” where everyone is armed of the Old West type, but that didn’t stop murder, rape, robbery from happening.
        You put down a system, certainly a flawed system, but what do you want to replace it with?
        I again say, as bad as it is, as corrupt as it is, where in the world is it better? Where else in the world could you be better armed to deal with threats as they materialize? Name a place that has a better legal system than ours, as flawed as ours is?
        You are arguing against recorded history….Do you think in ancient Rome, the Senator was not treated differently than the common citizen? Do you believe that the Code of Hammurabi in ancient Persia was better? Or that in Merry Olde England that the Noble was no better than the serf?

        I hear what you are saying, but we are so far ahead of where our ancestors were that it is not even close. YES, there is corruption and injustice. We see it, we know it. YES, there need to be improvements.

        Our duty then is to, “Speak Truth”, and where possible “Right Wrong”, and for me “Follow Christ”.

        • Transparency.

          Simplicity.

          Accountability.

          Certainty.

          Penal code can and should be two typewritten sheets of paper.

          Three punishments: public humiliation, exile, and hanging.

          One elected sheriff, limited to 4 years.

          All able-bodied men of sound mind are the deputy pool and the jury pool.

          One appeal only, with the essential review element being whether the defendant got a meaningful opportunity to be heard, which includes a review of defense counsel competence.

          • Colorado Knightowl

            I like it as a good start. No deputies? A Sheriff can’t be/shouldn’t be everywhere. Who investigates the car crash with fatalities at 1AM? Who investigates the rape on one side of town while a robbery occurs on the other?
            I’ve often considered exile or banishment, and thought it excellent, but I can’t get past who is going to want our discards?

            I do think it a good start, and the “Transparency.

            Simplicity.

            Accountability.

            Certainty.”

            to be an excellent goal, but almost impossible to achieve with human beings running the system.

            I am a “glass half full” kinda of guy. I know I only have half a glass (and would love to have a full one) but I also know that today, here and now, I have more in my glass than any other country that currently exists.

            That said, it is way past time to refresh the Tree of Liberty.

            • Overnight is handled by hue and cry.

              Fine old tradition.

              • Colorado Knightowl

                Interesting,
                I don’t see that working in any of America’s inner cities or on any Interstate/ County Road in the boonies. I agree the current system is sadly lacking, – Still I would rather start from here and now than any other country on earth at any other time. I thank my old white ancestors for that.

              • Colorado Knightowl

                Last thoughts since it seems you’ve already made up your minds…
                I started in the late 70’s in a Los Angeles suburb. It was 95% white middle class and approx 140,000 people. We would put out four 1-man units and several nights a month have zero calls for service. Your “hue and cry” might work in a similar situation.

                Fast forward some 30 years and that same suburb is now 250,000 plus, of which 56% are foreign born. That same suburb of previously white middle class, now has the highest percentage of its population in the state, on some form of government assistance. Instead of four 1-man units a night, we were now putting out twenty three to twenty five, 1 and 2 man units and we were running from call to call all night, every night.

                What once was an “American culture” is now celebrated as “cultural diversity”. I don’t see that genie being put pack in the bottle without a whole lot of “ethnic cleansing” and more. Wholesale legal and illegal immigration has destroyed our culture and our morality. Reeling that back in, ain’t going to be easy and will take several generations.
                Immigration has made EVERY problem the USA has much much worse. Start your lists with anyone that supports immigration or believes in cultural diversity.

          • outlawpatriot

            For purposes of discussion, I can sign on to that.🙂

        • Vigilantes? Yes sir. It’s coming and it’s not far off. As the masthead stated “lawlessness” is a two way street.

        • Colorado Cop,

          I don’t want to replace your beloved “Justus” system. I want to eliminate it. The badged thugs (you know them as LEO), the DAs and the judiciary are a plague on society.

          Take Concerned American’s response to you and take it to the bank. Simplicity. True justice.

          Ever been to a law library ? Seeing the myriad of books filled with “law” should be enough to convince your of the righteousness of CA’s response.

          There are no good cops. Or DAs.

          • Colorado Knightowl

            who said it was “beloved”?
            I said show me something better that has existed anywhere anytime that was not corrupted.

            I take CA’s response as the goal, but until Jesus returns and starts his 1000 year reign it will not be achieved.

            • Colorado Cop,

              This “show me something better” crap is so much for ignoring what is….a once formerly great nation now rapidly entering third world status.

              Two questions of you:

              1. Were you a “peace officer” or where you a “law enforcement officer” ?
              2. What makes Amerika so better, in your mind, than any other country ?
              3. Would you support cops being armed with no more than a .38 revolver, a pair of handcuffs and a Motorola….only ?

              I look forward to your response.

              • Colorado Knightowl

                1. I was a Peace Officer.

                2. Name another country with a 2nd Amendment. Name another country, anywhere at anytime, where civilians can be as well armed as the police. Name any other country on this earth where civilians can be as armed as we are. Even though we have lost much of our freedoms, what we have left is still better than the rest of the world, so I would rather start the fight from here than anywhere else on earth.

                3. No. Early in my career we were armed with .38 revolvers and we started having robberies with suspects armed with AKs. I had a revolver with 6, and 2 speed strips of 6 more for a total of 18 rounds, while the suspects had semi auto rifles with hundreds of rounds. We weren’t allowed to carry rifles until the North Hollywood bank robberies, where the suspects were both armed with ARs, hundreds of rounds, and head to toe body armor.

                I don’t disagree that we are entering third world status…but tell me where else in the world you would rather be? Can you legally arm up and get ready to fight somewhere else? Where else could you attend training by Mason Dixon or Max V, or the Defensive Training Group and not get arrested on the spot????

                • Jimmy the Saint

                  “Name another country, anywhere at anytime, where civilians can be as well armed as the police. Name any other country on this earth where civilians can be as armed as we are.”

                  Relatively organized countries: Switzerland, Israel
                  Relatively unorganized countries: Afghanistan, Somalia

                • Colorado Cop,

                  1, “Peace Officer”. Good.
                  2. “….With a 2A amendment.” 2A does not give one the right to own firearms. It has been infringed 10s of thousands of times. 2A is meaningless.
                  2. “….where civilians….” So, you think badged thugs are soldiers and everyone else are “civilians” ?
                  2. “….where civilians can be as armed as we are.” Not true. CITIZENS are denied the right to defend themselves against government tyranny with extreme restrictions in California, Massachusetts, New York City and state, Chicago, Maryland along with many other locales but my favorite….the nation’s capitol, District of Columbia ! Further, CITIZENS cannot own Class 3 weapons. Ronnie Reagan insured that loss of freedom. CITIZENS cannot own Class 3 laser devices. In many locales CITIZENS cannot own body armor. So your claim that “civilians” are as armed as the Po-lice, the badged thugs, is disinformation at best. This remark of yours is truly an intentional fabrication and outright lie.
                  2. “Name another country where the civilians can be as well armed as the police.” FYI….as I pointed out above, the CITIZENS of fUSA are not as well armed as the Po-lice. Contrary to your disinformation. But, to answer your question, these countries CITIZENS have the same or better weaponry as the Po-lice:

                  a. Yemen
                  b. Timor
                  c. Bulgaria
                  d. Czech Republic
                  e. Israel

                  In closing this rebuttal, I will remark that you were never a “Peace Officer”. You were and may still be, a government enforcer of the tyranny of those we call “government”. Your constant referral to CITIZENS as “civilians” is indicative of YOUR mindset, that of a Law ENFORCEMENT Officer, a badged thug ! You and your fellow thugs have always placed yourself above the CITIZENS who don’t wear badges. You ridicule and denounce the CITIZENS who paid your lucrative salary and benefits.with your demarcation of “civilian” rather than CITIZEN. There is a difference.

                  You were never an honorable Peace Officer.

                  You are NOT a soldier.

                  We are NOT civilians.

                  You and your ilk are a scourge on those who once were Peace Officers serving their communities. You’re just another in a long line of badged thugs.

                  There.

                  Are.

                  No.

                  Good.

                  Cops.

        • When you remove cancer, you don’t “replace it” with anything. “Justice” system is bait-and-switch, always and everywhere. Sold as being efficiency and standardization of self-defense for the little person, but actually a whitewash for the people on top being parasites on you. To reveal better alternatives, permit competition to produce them. Stop believing in the divine right of whatever to have a monopoly on justice systems. The silk trading route produced law systems that worked, were liked, and didn’t require monopolies or a standing police force to make them work. Another example of permitting competition and happy results was medieval Iceland.

          The ‘restore the constitution’ approach is just wishful fantasy thinking. Whiskey Rebellion showed George Washington making war on Americans to impose taxation without representation. Constitution was always a con-job, that’s why it was designed in secrecy.

        • “I would return to the so-called “polite society” where everyone is armed of the Old West type, but that didn’t stop murder, rape, robbery from happening”.

          And the cops did? HUH?

          OK for those who didn’t get the memo…

          Here are the 14 reports of police misconduct tracked for Tuesday, August 30, 2016:

          Skagit County, Washington: A deputy was fired after he admitted to embezzling funds from a police-affiliated non-profit organization he served off duty. ow.ly/H56B303It6x

          Update: FBI (First reported 06-04-15) A now-former agent was sentenced to 36 months in prison for stealing $136,000 in drug proceeds during a warrant execution. ow.ly/9mnj303IFS0

          Dallas Area Rapid Transit: An officer fabricated a story to justify the trespassing arrest of a citizen journalist. The officer’s discipline has yet to be decided. ow.ly/7B8T303ItNa

          Detroit, Michigan: An officer was suspended after a high-speed off-duty crash with serious injury. Intoxication is not suspected. ow.ly/xqpB303Iulv

          San Antonio, Texas: An officer fired one shot from his gun at his home during a domestic incident. The family fled the house but were physically uninjured. He is on leave. ow.ly/jQhD303Iv64

          Update: Yuba County, California (First reported 03-25-14): A now-former deputy who was tried and acquitted of battery for beating a man unconscious was hired as an officer by Marysville PD. ow.ly/9vMI303Iw2O

          Pekin, Illinois: An officer was arrested on felony battery and misconduct charges. At this time, it is unclear whether the conduct happened on or off duty. ow.ly/CX5w303IwKI

          Flint Township, Michigan: An appellate court ruled that an officer was not entitled to qualified immunity from an excessive force lawsuit for fatally shooting Dominique Lewis, who was fleeing arrest in her car. ow.ly/mhS2303IztR

          Bridgeton, New Jersey: An officer will not be federally charged for the fatal shooting of Jerame Reid. A federal civil suit settlement was reached and is currently awaiting judicial approval. ow.ly/Q0Z4303IAds

          Update: Portland, Oregon (First reported 05-03-16): A detective was sentenced to 32 days in jail for DUI, reckless driving, and assault for an off-duty crash. He was also sentenced to two years of probation. He remains on paid leave. ow.ly/bjOi303IB2H

          Update: Memphis, Tennessee (First reported 07-13-16): An officer who was suspended for posting a photo simulating the shooting of an African-American avatar on Snapchat has resigned. A second officer who was also suspended for not reporting the incident will remain on the force. ow.ly/xzRP303IC11

          Savannah-Chatham, Georgia: Four officers were suspended for tasering an innocent man who was sitting in his car. The officers didn’t report the use of force against the man, whom they had mistakenly identified as a fugitive, for several months until video footage of the incident went viral. ow.ly/h9fw303IEA7

          Update: Dearborn, Michigan (First reported 06-21-16): An officer was charged with felony misconduct for groping woman during a traffic stop. ow.ly/OsKd303IYgf

          Update: Quincy, Massachusetts (First reported 01-07-16): An officer was indicted on federal fraud charges for double-dipping. He was suspended by his department for six months in January of this year for the offense. ow.ly/G9fq303Jnu0

    • Jimmy the Saint

      Ahh, but that’s the thing – crimes aren’t wrongs against the individual, they’re wrongs against society. Technically, most criminal convictions also come with (or are supposed to come with) a restitution penalty whereby the criminal repays the victim, but good luck collecting on that. There was an elderly lady who lived near me who got defrauded out of about $2 million by a con man. He served 18 months, and he was paying her back – at $50/month. So, in about 3,333 years, she’ll be made whole…..not counting interest, of course.

  5. A prayer for this Labor Day.

    Dear God of our Christian forefathers, the unseen yet all-powerful Creator of our Union and the Director of its destiny, who alone could “establish the work of our hands for us” (Psalm 90:17):

    On this day our nation commemorates the labor of its citizens, though most Americans will view this day simply as another time for vacationing. That is all.

    Just the same, from your commands and pledges in the Bible, first of all teach us that ever since the beginning of creation, when you took Adam “and put him in the garden of Eden to tend and to keep it” (Genesis 2:15), it has been your will that man should “labor, working with his hands the thing which is good” (Ephesians 4:28), holding up to us both the dignity and the worth of faithful labor by assuring us, for instance, that the laborer is worthy of his pay (Luke 10:7), and the workman of his food (Matthew 10:10)!
    Show us, in addition, that our toils will be a means by which you would supply us with our daily bread! Then encourage us to be diligent in our work with your pledge: “When you eat the labor of your hands, you will be happy, and it will be well with you” (Psalm 128:2)!

    Nevertheless, remind us that without putting ourselves first on your side through true repentance of our sins, and also with trust in your gospel pledge of salvation for our guilty souls, even the cleverest of our efforts will be unsuccessful without your approval and your blessing, for “Unless the Lord would build the house, they will labor for nothing who would build it” (Psalm 127:1)! So keep your promise: “Blessed is every one who fears the Lord…. And it will be well with you” (Psalm 128:1)!

    To be sure, the highest work which we ever could perform will be to grieve over and to regret our shocking crimes of rebellion against Heaven, and to obtain possession of a pardon from you, by trusting your pledge that Jesus Christ, our Savior, has undergone our sins’ punishment for us.
    Indeed, as our divine substitute from above, Christ’s guilt-bearing and punishment-suffering work is the highest labor of love which anyone anywhere ever could do for us, and could and should be commemorated above all else on this day.

    Therefore, awaken in us the motive to thank Christ by performing our daily tasks gratefully out of love to the divine Savior “who loved us and washed us from our sins in his own blood” (Revelation 1:5)!

    Finally, help us to solve the question: “What has man for all of his labor, and for the striving of his heart with which he has toiled under the sun? For all of his days are sorrowful, and his work grievous” (Ecclesiastes 2:22-23), by assuring us of your promise of the “rest that remains for the people of God” (Hebrews 4:9), that is, the complete rest in heaven with you!

    We pray these things confidently in the Savior’s saving name, since your promises to us are certain. Amen!

    Gene Urtel – The Rivertown Press

    • Ironic that most murkins don’t even work…

      “As we prepare to kick up our respective feet and paws for a bit of extended no-writing R&R and gluttonous BBQing for the upcoming Labor Day weekend, Sugar and I thought it would be interesting to review how this “holiday” came about. With all due respect to the diminishing numbers of “blue collar” working folks who keep the country afloat, the fact is, Labor Day is every bit as much of a communist creation as May Day (May 1st). As a matter of fact, May Day (the date of the founding of the Illuminati in 1776) is also known as International Workers’ Day and/or Labor Day in many other countries…”

      http://tomatobubble.com/labor_day_communist.html

      “…Belong to a labor union? Bully for you. As Marxist.com, a popular pro-socialism website, observes: “Labor Day, also has a militant tradition and an origin within the U.S. labor movement itself. … The September holiday was conceived of and celebrated by socialists and militants within the labor movement, and we should remember and reclaim this history.”

      And so, as we enjoy friends, family, food and fun this extended Labor Day weekend, let’s heed the advice of Marxist.com and remember that this particular holiday ­ this “workers’ paradise” for a day ­ was “conceived of and celebrated by socialists and militants within the labor movement…”

      – See more at: http://www.rense.com/general96/labord.htm#sthash.26yBIVVZ.dpuf

  6. In that world, that form of government – “One must be
    insane to be accepted.”

    “Seek ye His Kingdom and His Righteousness”

  7. Sam Dalton has a fine design for a justice system, only problem is it requires officeholders who are saints, who are in-human, who are very, very rare in the population. Would you trust a design for a bridge which requires a material ten times stronger than any which exists? If an engineer actually tried to build that, you would call them delusional and lock them away, wouldn’t you?

  8. This post and discussions reminded me from an article from back about
    two decades ago, so I am posting it here since it corrolates with the
    subject matter:
    Should Priests (or Lawyers) Serve as Political Leaders?
    “In ancient Israel the priests were a special people set apart by God’s revealed directives. The priests were drawn from descendants of Aaron and were members of the tribe of Levy. They were not allowed to own land or serve as civil or military leaders . They lived off the sacrificial offerings of the people and served as judges in the more difficult cases. They were not allowed to marry women of questionable background. They guarded the Ark of the Covenant, served in the Temple, and ran towns of refugee where fugitives could seek protection before having their cases heard. (Over 1200 years after God directed this special status for priests in the Pentateuch, Christ was tried and condemned by the priests at the home of Caiaphas, the high priest. It was Roman Law which forbade the priests from carrying out their sentence before obtaining the approval of the Roman authorities; that is why Christ had to appear before Herod and Pilot.)In Medieval Europe, a similar situation obtained. Priests ran courts where a common man could obtain a fair hearing of his grievance according to the Canon Law. The churches were “places of refuge” where a fugitive could be safe until a proper Canon Law Court could hear his case. Priests were a class apart. They did not marry; they took vows of chastity and obedience to the bishop and Pope. Many even took vows of poverty. Most important, priests were not allowed to accept positions of temporal leadership. No matter how “high born”, priests were not authorized to serve as a king, duke or baron. They might aspire to the office of abbot, bishop, cardinal or even Pope, but their influence over the hearts and minds of the people rested on their special connection to God and their special expertise in the area of faith and morals. (A vestige of these century old limitations was seen recently. Even though priests and bishops have lost their special standing relative to the total community, a few years ago, Rev. Robert Drinan, S.J., a U S Congressman from Boston, was forced to resign his seat because the Pope did not want a Catholic priest holding a position of temporal power.)In America today, lawyers (and judges) serve these “priestly” functions. They are the arbitrators of society’s morals, providing guidance on such things as homosexual marriage, abortion, proper places of prayer, etc. They run courts and represent fugitives seeing to it that they get a “fair” hearing. They offer advice, formal opinion, and dicta about “right” and “wrong”, seek the “truth”, and work in awe inspiring chambers from which they dispense “justice”. However, in America the lawyer-priest is also allowed to serve as both a civil or military leader, he is allowed to amass great wealth, and there are no special restrictions on his personal life or behavior.In earlier societies select people possessing these special powers where required to accept major restrictions on the scope of their other activities. There were expected to live modestly with few worldly goods or pleasures, to cultivate learning and virtue, and to put themselves at the service of their fellow man. In America, however, this class of people uses its special status as a spring board toward positions possessing greater honor, power, wealth, and worldly pleasures.The priests of ancient Israel were directed by God’s revealed word. The priests of Middle Ages were directed by God’s revealed word refined slightly by a careful, conscientious study of the God’s plan as revealed in nature (i.e. The Natural Law). Departing from this tradition, the modern American lawyer-priests are mostly directed by their own intellects as formed primarily by America’s remarkable “values free” educational institutions, most notablly its law schools.”

    “Every man to his family and his belongings”

  9. Whats the big deal? Justice is what you get based on what you can afford and who you know. Ask that slack jawed communist bitch Hiterly Clinton if she agrees with that statement.

  10. Meh… yet another DEFENSE attorney who has actually read the Bill of Rights, understands how to use it in the current system and passed a bar exam. There are plenty of other Attorneys who have read the Bill of Rights but don’t give a damn. DA’s don’t give a damn and almost all cops don’t give a damn about the bill of rights and only care what is taught in THEIR “schoolhouse” interpretation of the BoR.

    So Mister Colorado cop I ask you ONE question:
    Are there any laws you won’t enforce?

    /r
    Grey Ghost

  11. Question: does anyone know where “Common Law” went and why are we living under “Admiralty Law”?
    The Common Law still is the Supreme Law of the land.

    Common Law                        
    The Constitution for the United States of America was founded upon the Common Law. It is this foundation that we stand upon and operate under. Every document that we draft is based on the constitutionality of the court, it’s jurisdiction or lack thereof and the alleged crime charged. The Common Law still is the Supreme Law of the land.

    Admiralty Law
    Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.

  12. Colorado Knightowl

    Absolutely
    My oath is to the Constitution, nothing and no one else. I was a Life Member of the NRA at the age of 20. I did arrest criminals/gang members with guns, but never a citizen with a gun who committed no other crime. I always took the time to advise them how to deal with with other Peace Officers that they might encounter.
    Nor would I enforce any of the other idiotic gun laws that kalifornia has enacted after I have left.
    When I was hired we stopped drunk drivers, and didn’t arrest them we would call a cab for them to take them home.
    The city I worked for enacted many “Code Enforcement” rules and other regulations that I also refused to enforce. The amount of laws on the books is insane and getting more draconian day by day…That said, I doubt we could get it down to the two type written pages that CA was advocating, but maybe five pages….

    • Mister, I’m old and not as anti-cop as many here. But I will say this. In my life I NEVER met a cop that didn’t have a superior moral squint and an excess of testosterone. You put those two facets together and it’s a problem waiting to happen. And if a problem doesn’t happen I guarantee you it’s a fluke that it didn’t.