The Process is the Punishment

An exceptionally good piece of work by Fordham Law School Criminal Law Clinic. Included in the piece is a great video, that I tried (unsuccessfuly) to include in this piece.  It’s really worth watching.

Dovetailing with my point about the harm caused by prosecuting a person for a heinous crime when they know they can’t possibly prove it, this piece addresses the impact of the process on normal people.  If you or someone you love has not enjoyed the wonder and majesty of the first 24 hours of the criminal justice system, it’s something you can assuredly live happily without.



With unfortunate frequency, I deal with the children of very important wealthy suburban parents who think that they are above the rules and can do whatever they please.  Their attitude can be unbearably bad, primarily because they are untouchable in their itty bitty suburban world. 

But in the ugly big city of Manhattan, these pissants from the outer areas are nobodies.  They just don’t realize it.  Until they cross some cop and find themselves in the holding pens until they arrive for arraignment at 100 Centre Street.  The process is a lesson they will never forget. 

The part that is most striking is how they complain bitterly of their treatment at the hands of the cops.  They were treated like animals.  They curses at them.  They wouldn’t feed them.  They wouldn’t let them have their telephone call.  They wouldn’t let them go to the bathroom.  It’s just not like Law & Order, now is it.

Please understand that these aren’t bad kids at all.  They are simply sheltered.  They don’t yet realize that they can’t assert themselves at will and find that others will treat them as the “special” children that Mommy and Daddy told them they are.  It is, to be blunt, one hell of a lesson.  And trust me, these nice white kids from the suburbs are treated quite well (unless they did something really stupid to give a cop a reason for a tune up) compared to black and hispanic kids from the city.


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