Tuesday, October 14, 2014

Holder to Prosecutors: End Sentencing Extortion


Attorney General Holder Message to Prosecutors: End Sentence Extortion

 

By Derek Gilna

 

            Attorney General Holder’s recent announcements bear repeating.  For the first time, the nation’s top prosecutor has turned the attention to prosecutorial overreach and made the dysfunctional justice system a topic of national discussion, and not just to prisoners and their families.  Government incompetence, heavy-handedness, and malfeasance, whether it be in the IRS, in the Secret Service, in  the National Health Service’s handling of the Ebola Crisis, or in myriad other agencies, has shown itself to be widespread, and now, thanks to Holder, the nation’s justice system is right in the middle of that discussion.

            Think about that for a moment.  The federal bureaucracy acts like it is doing us a favor, and thinks nothing of spying, lying, and covering things up to further its own ends.  The DOJ and BOP are no different. Incompetence and misconduct are widespread. The “system” only survives and thrives in the dark, and I have a big flashlight, and lots of extra batteries.

            As a national columnist in prisoner and justice related topics for the past several years, I have been fortunate to have access to news as it happens, a luxury that many readers do not have, so I feel it is my responsibility to bring these new developments to your attention, and to make you understand that there are people on the outside that understand your circumstances, and are available to help.

            I am also pleased to report that I accomplished what many people have said is not possible; actually getting a federal prisoner approved for compassionate release, because of his health issues.  Less than 25 prisoners obtained their freedom this way last year.

            That is not to say that your application would be successful, because everyone’s facts are different.  Good facts make good law, one of my law school professors told me years ago (many years ago, I’m afraid), but good facts without good advocacy are also meaningless.  A woman, Susan Mellen, just walked free after 17 years in prison for a murder she did not commit, because she never lost hope, never gave up, and had the help of a team who applied the same diligence.  Perhaps, with the advocacy of people like Holder, with judges who will fairly address the wrongdoing of prosecutors, with defense attorneys who will actually represent their clients, and with specialists that understand the system, there will be more Susan Mellens..

 

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