Friday, August 22, 2014
I have been involved in the criminal justice system for more than forty years, and I feel as if there has never been a summer with so much going on in the public eye. Ferguson, Missouri, is the most recent and most alarming event, following so closely on the Staten Island chokehold case. These cases have focused serious attention on the police-citizen relationship that was front and center last year in the stop-and-frisk decision and the settlement of that lawsuit by the new New York City mayor. We have been witness to the unprecedented actions of the Brooklyn, New York Conviction Integrity Unit in the District Attorney’s office, and to the dismissal of erroneous convictions in that county. These dismissals have been followed by substantial financial settlements by New York City. The New York Times ran a series of editorials urging the de-criminalization of marijuana possession in some circumstances, and another editorial calling for revisions in the virtually-non-existent clemency process. Four state governors are either being tried, charged, or investigated. Rampant prisoner abuse has been exposed just as claims made by prisoners has spiked, and there is now dialogue about the excessive use and destructive results of solitary confinement. The entire capital punishment process has come under scrutiny because the drug companies who provide the lethal drugs to accomplish our executions are no longer willing to do so. There is increasing focus on our entire system of punishment because of international attention on our disgracefully large prison population. On an international level, we have also been witness to mass executions in Egypt and a long-awaited English investigation of the poisoning of a Russian journalist in London. Scotland abolished its long-standing and unique corroboration requirement. We were witness to an historic event: a Black, South African, and female judge presiding at the trial of a young white male, who happened to be an internationally acclaimed athlete.
Having been raised on a September to September calendar, and having continued with that conception of the “year” as a law professor, I am pausing to wonder what we will witness in the next twelve months.