Category Archives: Uncategorized

A Poor Fit

Having grown up poor, nobody taught me which fork to use, which wine glass was “correct” and whether the bread plate goes on the right or left. I remember being invited to dinner by some of the old guard in my neighborhood and, in the midst of my brilliant small talk, grabbing the wrong glass of wine. A lovely woman to my left whispered in my ear, “That’s my glass. Yours is to the right.” My small talk may not have been as fascinating as I thought either.

It’s one thing for a poor black kid with huge potential to get into an elite college like Harvard, but there’s a good chance he’s not going to know which fork to use either.

Within that cohort, he documented separate groups: the “privileged poor,” who had gained access to day, boarding, or prep schools that introduced them to the social norms and academic culture of elite higher education (for example, making use of office hours); and the “doubly disadvantaged,” whose path led from under-resourced public schools into an often bewildering environment on campus. For the latter group, that transition risked making the very students the colleges had recruited feel vulnerable and alienated, and thus more exposed to academic failure.

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Billionaires, Punch Them Or Kiss Them?

It’s no crime to be poor, but is it a crime to be rich? Farhad Manjoo argues that we should “abolish” billionaires.

“Some ideas about how to make the world better require careful, nuanced thinking about how best to balance competing interests,” [Tom Socca] began. “Others don’t: Billionaires are bad. We should presumptively get rid of billionaires. All of them.”

Mr. Scocca — a longtime writer at Gawker until that site was muffled by a billionaire — offered a straightforward argument for kneecapping the wealthiest among us. A billion dollars is wildly more than anyone needs, even accounting for life’s most excessive lavishes. It’s far more than anyone might reasonably claim to deserve, however much he believes he has contributed to society.

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Time Served, Then Served Some More

It was my first case in the hinterlands of Kings County, a foreign land known to the locals as Brooklyn. A deal was cut to plead out for a sentence of time served, which my client happily accepted. After the judge announced sentence, the court officer was told to “take charge,” which in court lingo means to physically seize the defendant and put him back in the pens.

I immediately got between the court officer and my guy, blocking him from grabbing my client’s upper arm and leading him out of the courtroom. “He got time served,” I said loudly. “He’s walking out with me.”

The judge then explained that they did things differently in the hinterlands than they did in the Big City of Manhattan. Here, he informed me, a defendant had to be “processed out” by corrections before he could be released, but the judge assured me he would be out “today.” Continue reading →

Excessive Fines And Petty Forfeitures

The Supreme Court’s unanimous ruling in Timbs v. Indiana is the sort that could either be easily overlooked, dealing with the generally unsexy Eighth Amendment’s Excessive Fines Clause, or misunderstood. The ruling “incorporated” the clause, meaning applied it to the states under the Fourteenth Amendment. That’s a big deal. But Tyson Timbs won a battle, not yet the war.

The case before the Supreme Court, Timbs v. Indiana, involved the seizure of a $42,000 Land Rover SUV from Tyson Timbs, who was arrested in 2015 for selling heroin to undercover police officers. He pleaded guilty to his crimes and was sentenced to one year of house arrest and five years of probation. On top of that, the state of Indiana seized his 2012 Land Rover—which he had purchased with money received from his late father’s life insurance payout, not with the proceeds of drug sales—on the ground that it had been used to commit a crime.

Timbs challenged that seizure, arguing that taking his vehicle amounted to an additional fine on top of the sentence he had already received. The Indiana Supreme Court rejected that argument, solely because the U.S. Supreme Court had never explicitly stated that the Eighth Amendment applied to the states.

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Tuesday Talk*: Hair, The New Frontier For Discrimination

What difference does hair make? A lot if you’re black. Part of it is nature and genetics, and part of it is style. And it could now mean a very expensive haircut if your employees are black and your business is in New York City.

Hair, like any other aspect of one’s personal attire and grooming, speaks to who you are, and so many people choose their hairstyle to express their individuality. What does an employer care? Well, for some, it speaks to professionalism, much as wearing a suit rather than jeans conveys a message to customers or clients. But hair? Continue reading →

Discrimination, “Plain and Simple,” Or Religious Accommodation

A funny thing happens when your value system is at work. It makes you blind to the issue at hand, as reflected by this letter to “Ask A Manager” about a woman who complains of discrimination in the workplace.

 

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The Shamefulness Of Being Ordinary (Update)

Was it that the cover story appeared during Black History Month? Would it have garnered less outrage a month later? Or is that just an excuse to rationalize outrage that would have happened regardless, because Esquire Magazine did something that is unacceptable in the current climate. It put a profile story of a white male teenager on its cover.

What’s wrong with this? Robyn Kanner explains. Continue reading →

Casual Lurker Spills The Amazon Beans

[Ed. Note: Casual Lurker posted the following as a comment to this post, because he reads SJ in spurts, invariably far behind most people, and then leaves long, prolix comments that are occasionally fascinating but, as I’ve told him, tend to be more like private conversations between us since others have long since moved on to more recent posts. Much as he can be a huge pain in the ass and he’s too damn smart for his own good, he really should get his priorities straight and put SJ ahead of his work, his family and his health, so other readers can timely benefit from his comments.

Anyway, his comment was good enough to be a stand alone “guest” post, not to mention was longer than my original post, so I post it here without editing or revision. Just wait until he finds out about this post. Heh.]

Rumors of my demise are… yada, yada yada… Continue reading →

Prickett: Is It Felony Murder When the Police Do It?

[Ed. Note: Greg Prickett is a former police officer and supervisor who went to law school, hung out a shingle and now practices criminal defense and family law in Fort Worth, Texas. While he was an officer, he was a police firearms instructor, and routinely taught armed tactics to other officers.]

Felony murder[1] is an old concept that if someone dies while a suspect is committing a felony (other than some form of homicide), then the suspect can be charged and convicted with murder. It is routinely used in criminal prosecutions across the nation. On January 28, 2019, Houston Police officers, acting on a no-knock search warrant that had been fraudulently obtained, entered a house and a gunfight ensued.

During that gunfight, the two occupants of the home, Rhogena Nicholas, 58, and Dennis Tuttle, 59, were killed, and four Houston Police officers were wounded by gunfire. The wounded include the officer who falsified the search warrant affidavit, Gerald Goines. Goines is now under investigation for these crimes, a number of which are felonies. Goines has also been in several shootings, being shot in 1992 and 1997. Continue reading →

Bieler: We Are Going to Mass Incarcerate Forever

[Ed. Note: This is a guest post by my brilliant Fault Lines colleague, Sam Bieler,]

After we parted ways at Fault Lines, Scott told me that someday I would read something that would piss me off, and when that day came SJ would be there. Well, here I am, nice and pissed off because of what Andrew Fleischman tweeted. Or rather, what people tweeted in response. You see, Andrew had a notion about sentencing. The reactions to that notion explain why the U.S. will probably have mass incarceration forever.

Andrew asked whether, given the non-violent nature of Paul Manafort’s crimes, the 19-24 year sentence Mueller requested was excessive. Andrew’s tweet offered a chance to think about why and how we choose to punish. Andrew promptly got ratioed by morons. Continue reading →