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New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

theadvocate.com

31–40 of 119 posts

Re: New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

#31
post #16

I would hope that these days no rational individual could support jail time for any non-violent drug crime, with the possible exception of cross-border smuggling, which treads on some different areas of the law.

Hmm, I’m not so sure we should allow people to sell fentanyl pops or cocaine to kids without going to prison. Not arguing against your point broadly, but that’s exactly the type of response that would sink an effort to remove imprisonment for non violent drug crimes. As I see it, we need both a propaganda campaign pointing out how nuts the drug laws are in addition to some recognizable way of incrementally easing the…

> I’m not so sure we should allow people to sell fentanyl pops or cocaine to kids without going to prison.

You don't need specific drug laws for that. Child endangerment laws are enough.

Re: New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

#32
post #22
post #16

I would hope that these days no rational individual could support jail time for any non-violent drug crime, with the possible exception of cross-border smuggling, which treads on some different areas of the law.

Most violent criminals would do fine with an apartment, a job, an alarm clock and an location tracker. Even the most invasive surveillance system is more humane that the US prison system.

> Even the most invasive surveillance system is more humane that the US prison system.

They don't have the easy access to guns that we don't want to get rid of in the US. I've asked a few people this question: "If it could be so that you were allowed to kill anyone, anywhere. Nobody will stop you. You will face no legal consequences. You just have to produce a list of no fewer than five people you would definitely kill. Can you do that in the five minutes starting now?" You'd be amazed by how many answers I have gotten in the affirmative.

I want to believe that most people don't commit violent crimes because doing so is against their moral fabric. That is not true in the world (or at least the country) we live in.

Re: New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

#33

There's an inmate in LA County jail who has been there 9 years awaiting trial on attempted murder. He is completely and totally institutionalized. A very nice guy but intimidating. Cops can arrest you for any reason, and if you can't make bail, then they place you in jails with convicted violent felons, some on murder trials. In LA jails, you have to be racist. Depending on your pod and program, you have special requ…

Well here's a person that could benefit from an internet where both the protocols and platforms were anonymous.

Re: New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

#34

There's an inmate in LA County jail who has been there 9 years awaiting trial on attempted murder. He is completely and totally institutionalized. A very nice guy but intimidating. Cops can arrest you for any reason, and if you can't make bail, then they place you in jails with convicted violent felons, some on murder trials. In LA jails, you have to be racist. Depending on your pod and program, you have special requ…

Hi, four-month felony pretrial inmate who is proudly defying recidivism here. I’m the kind of guy who thinks load balancing is a fun topic of discussion — ask anyone who knows me how incredibly unfit for jail I am — and I survived just fine. You seem to have had the shit scared out of you, and I wanted to clarify a few things for you.

You don’t have to be racist to survive county. You simply stick with your race. There’s a distinction. Yes, if shit pops off and you’re not sticking up for your race, you can get called out. But nobody is asking the 70-year-old with a limp to roll heavy with the woods/kinfolk/whatever. There’s more an element here of getting marked as a bitch: prison, and to a lesser extent county, is a game of respect. Run store and someone steals from you? Handle it or it will be repeated, because they notice you don’t stick up for yourself. The smart ones watch. But the woods weren’t eyeing me when I played my daily game of spades with a kinfolk partner (and still friend). It’s not like that in county. Prison, maybe.

DO behavior is intentional. County belongs to them. Prison belongs to the inmates. This was explained to me as “this is their house. Prison is ours.” The person explaining, our head wood, was looking forward to prison. Life is way different in prison, with mutual respect — again, I’m told. Jail sucks on purpose. If it didn’t suck nobody would care that they ended up there. This is the American approach to corrections, that of deterrence; in other places there is more of a focus on rehabilitation, and you’ll find a much different jail experience.

Jail is a lot more fun when you make it abundantly clear to the DOs that you see through their psychopathy. It’s a control mechanism for those who don’t. Once they figure out it doesn’t work on you and you’ll play their game anyway, you can actually develop a decent rapport with DOs. Just never, ever, ever trust them. I grieved one and he used to pull tricks like calling me out right after a race meeting to make it look like I was a snitch (don’t even THINK about snitching, or enjoy PC). They know the game better than you do, and they’re paid to do it.

Those dry runs were actually nice, I found, because it was a nice break outside. My cell was way better than transfer cells, though, and breaking routine sucks. Doing time is all about routine. By 30 days in, I had a schedule. The next 100 flew. Just keep to yourself, improve yourself during the downtime, get on a schedule, and play the respect game carefully and you’ll be fine. I got marked quickly as the computer nerd, but that also meant I could help people out with their legal stuff. Find a purpose and become useful, and stand up for yourself when needed. Lead with your shoulder and pivot, if it comes to that — I’ve fought more outside than in, though, and most of the violence I experienced was from DOs (tased once because I couldn’t hear orders in the shower, pepper sprayed twice). Help the right people and you’ll have the right friends, which is a big part of survival.

Some parts of your comment confused me, so maybe you can clarify. Murder trial inmates are almost always confined in maximum. Medium is a larger cross section of crimes and classification, and most places call medium “gladiator school” or “gladiator academy” because there’s a lot more freedom than maximum and still some hard hitters. Minimum is like summer camp that you can’t leave, with everybody sitting for DUI or check fraud. Transfer cells mix this classification up, which is probably where you landed with the heavy hitters in that 11 hour room (that sounds like transfer), but a misdemeanor rap almost guarantees you were in minimum. Am I right? Or did you get classified as a hitter and thrown in school?

I can’t speak to the rest of your comment.

Re: New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

#35
post #4

There are many cases of defendants' right to a speedy trial being trampled. I'm not completely convinced this is a particularly great example of that. He was arrested while on parole, which is why he didn't get out on bail. Many of the delays came from his side. If it had gone to trial, the prosecution would have only had to prove he was guilty by a preponderance of the evidence. So the long time in detention could h…

It seems pretty unfair to reset the time limit when they dropped the original charges and recharged him the next day (the article is unclear on what the charges were, and how they differed if they differed at all)

Same for giving a whole new two years after Hurricane Issac.

At some point, particularly for non-violent charges, surely they should have to at least release him until the trial.

Re: New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

#36
post #32
post #22

Earlier quoted context omitted.

Most violent criminals would do fine with an apartment, a job, an alarm clock and an location tracker. Even the most invasive surveillance system is more humane that the US prison system.

> Even the most invasive surveillance system is more humane that the US prison system. They don't have the easy access to guns that we don't want to get rid of in the US. I've asked a few people this question: "If it could be so that you were allowed to kill anyone, anywhere. Nobody will stop you. You will face no legal consequences. You just have to produce a list of no fewer than five people you would definitely ki…

There are a few criminals who are completely out of reach. Whether that's physiatric lock up or prison depends I guess.

But most criminals, even most murders aren't out of reach.

Note: I'm not proposing that there need not be control initially. Merely that we need to be better at giving up control over time. And yes, you'll find exceptions.

Re: New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

#37

There's an inmate in LA County jail who has been there 9 years awaiting trial on attempted murder. He is completely and totally institutionalized. A very nice guy but intimidating. Cops can arrest you for any reason, and if you can't make bail, then they place you in jails with convicted violent felons, some on murder trials. In LA jails, you have to be racist. Depending on your pod and program, you have special requ…

Sincere question -- how do we spot things like this?

Let's pretend for a moment that I'm a relatively competent programmer with small amounts of disposable income to spend on hobbies, such as running algorithms over government datasets. (Okay, that's a weird one -- but I think it's good to apply my craft towards politics.) I know a lot about making computers scan through large sets of data looking for patterns, and some about making websites and whatnot.

I normally don't think technology does much for political problems, but this one legitimately sounds like we should be applying fraud-detection style algorithms to the names that appear in court records, looking for abnormalities. (Heck, we should probably look for all kinds of irregularities, not just in the pattern of names.)

Identifying the problem doesn't magically solve it, but it sounds like being able to assemble subtle cases out of thousands of documents across hundreds of jurisdictions actually would provide utility towards addressing this.

It doesn't stop the corruption directly, but it shines a pretty bright light on it. And it allows groups looking to tackle it head on to focus their efforts on litigating, instead of document finding or figuring out who the culprits are.

Re: New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

#38
post #31

Earlier quoted context omitted.

Hmm, I’m not so sure we should allow people to sell fentanyl pops or cocaine to kids without going to prison. Not arguing against your point broadly, but that’s exactly the type of response that would sink an effort to remove imprisonment for non violent drug crimes. As I see it, we need both a propaganda campaign pointing out how nuts the drug laws are in addition to some recognizable way of incrementally easing the…

> I’m not so sure we should allow people to sell fentanyl pops or cocaine to kids without going to prison. You don't need specific drug laws for that. Child endangerment laws are enough.

> Child endangerment laws are enough.

Are they, for small doses?

Re: New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

#39

There's an inmate in LA County jail who has been there 9 years awaiting trial on attempted murder. He is completely and totally institutionalized. A very nice guy but intimidating. Cops can arrest you for any reason, and if you can't make bail, then they place you in jails with convicted violent felons, some on murder trials. In LA jails, you have to be racist. Depending on your pod and program, you have special requ…

We have no rehabilitation or actual corrections when you are essentially sent to a crime university and network with criminals.

I'll never understand why when you are kids and get in trouble, they separate you. When you are an adult criminal, they put you in with other criminals and create more criminals.

Recidivism is high in those types of situations, in addition to how records are never cleared for good behavior. We have a serious corrections problem that does little in the way of correcting by grouping everyone so tight.

Re: New Orleans man locked up nearly 8 years awaiting trial, then case gets tossed

#40
post #16

I would hope that these days no rational individual could support jail time for any non-violent drug crime, with the possible exception of cross-border smuggling, which treads on some different areas of the law.

This guy was already on parole from being found guilty of another imprisonable offence. Hence no release on bail pending trial.

That's no excuse for further delay, but explains why he was locked up in the first place.

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