Difference between revisions of "User:RahalMccall69"

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(George F. Will- In defense of the defenders)
(Readers react to Long Beach school being named for a racist)
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In 1961, Clarence Gideon allegedly broke into a Florida pool hall and its vending machines. Gideon, who was indigent, requested a defense attorney, was refused and was convicted. In 1963, a unanimous Supreme Court overturned his conviction, holding that the Constitution鈥檚 Sixth Amendment (鈥淚n all criminal prosecutions, the accused shall enjoy the right 鈥?to have the assistance of counsel for his defense鈥? entitles indigent defendants facing serious criminal charges to a government-provided defense attorney.
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In our Thursday column we wrote about the racist Peter H. Burnett, the first elected civilian governor of California and, regrettably, the namesake of Burnett Elementary School in the Poly area of Long Beach.You can t imagine our surprise <a href=http://capstone.edu.sg/images/gucciusaonlineoutlet.php> cheap gucci</a>  when we woke up the next morning and it still hadn t been renamed. We used to have a lot of sway in this town. But now, even after pointing out that Burnett makes today s modern breed of racist look quaintly tolerant, we have to get up in the morning and find that there s still a Peter H. Burnett school in Long Beach, right in the middle of a neighborhood filled with the sort of people that he desperately wanted to keep out of his state.
Congress responded by providing for 鈥渞epresentation of defendants 鈥?who are <a href=http://www.alportico.net/prodotti/christianlouboutin-sale.jkmsw.php>Christian Louboutin Shoes</a>  financially unable to obtain an adequate defense.鈥?Last year, David E. Patton, executive director of Federal Defenders of New York, published 鈥淔ederal Public Defense in an Age of Inquisition鈥?(Yale Law Journal), saying:
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At least some readers have taken up the cause. So, when is the school name being changed????? wondered (by a factor of five) Rebecca Magdaleno Rankins. OK, let s start a movement to change the name, wrote Jane Coombs.Of the more than two dozen responses we received after the column s publication, only one reader had a good reason for keeping the school s name. Our friend Russ Parsons wrote, As a big fan of ironic history, I love this. His ghost must be perpetually tortured by it. A bit of clarification about the name comes from Claudine No Relation Burnett, who tells us that Thomas Burr Burnett was the railroad magnate who brought the first rail into Long Beach. Farmers in the then-unincorporated (and, perhaps even unnamed) area wanted a depot built where they could load their produce and named the area Burnett to flatter the man into building one.
鈥淲ould an indigent federal defendant prefer to be prosecuted in the system as it existed in 1963 with an ill-equipped, unpaid lawyer (or none at all), or would he prefer today鈥檚 system? Although the answer surely depends on many factors, I conclude that in far too many scenarios, the rational defendant would choose 1963.鈥?
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The school, then, was named Burnett, though at the time it was just named for the area that it served. In earlier days, all the Long Beach schools were named for the area where they were located Los Cerritos, Carroll Park, etc., wrote Burnett. In the 1920s it was decided <a href=http://capstone.edu.sg/clreplicashoes.php>Christian Louboutin Shoes Sale</a>  to rename them after important individuals. All complied except the residents of Burnett who fought to keep the name of the school with no first name attached.In the 1970s, when the schools were looking up the individuals whose names were given to Long Beach schools, they couldn t find anyone important named Burnett except the first governor of California. The earlier history (of Thomas Burr Burnett) had been forgotten, Burnett writes.
Which is dismaying, if true. Is it?
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And, apparently, the history of Peter H. Burnett had been ignored.So, now what? Obviously, the name needs to be changed. Happily, it can remain Burnett. It s just the Peter H. that needs to be run out of town on a rail.Several notable Burnetts have been suggested by readers. The first came from our old schoolmate (and by old, we totally mean young ) Kristi Fischer: Let s change the name to Claudine Burnett! Others followed: From Christopher Berry: Chester Burnett Elementary. The African-American was better <a href=http://www.symbiose.ca/images/christianlouboutin.gwij.php>Christian Louboutin Outlet</a>  known as the bluesman Howlin Wolf. Adds Berry: The Wolf can t be honored enough, and it would be an extra slap in the face to Peter Burnett.  
Patton says that federal criminal law has expanded recklessly and become too punitive. Prosecutors use severity (especially mandatory minimum sentences), high rates of pretrial detention (doubled since 1963), and long detention (the length has <a href=http://capstone.edu.sg/images/gucciusaonlineoutlet.php>gucci outlet</a>  quintupled since 1963) to produce excessive plea bargaining. This limits defense lawyers鈥?abilities to test evidence and challenge allegations before a neutral arbiter 鈥?a judge or jury. The adversarial process, the foundation of our criminal justice system, has become an inquisitorial process that fails to produce fair trials. Or even trials. 鈥淚n 1963, nearly 15 percent of all federal defendants went to trial; in 2010, the figure was <a href=http://www.museosangennaro.com/Public/anel.php> Christian Louboutin Shoes Outlet</a>  2.7 percent.鈥?All this, exacerbated by funding disparities between prosecutors and publicly provided defense lawyers, is one reason why America has the world鈥檚 highest incarceration rate. 鈥淚n most cases,鈥?Patton says, myriad factors push defendants toward 鈥渇olding without a fight.鈥?
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And our man in Sacramento, Will Shuck, suggests, simply, Carol.
Well. Where you stand depends on where you sit, and it disparages neither Patton鈥檚 arguments nor the earnestness with which he advances them to note that he sits at the defense table. J. Harvie Wilkinson III sits on a bench 鈥?the U.S. Court of Appeals for the 4th Circuit. His essay 鈥淚n Defense of American Criminal Justice鈥?(Vanderbilt Law Review) rebuts what he considers an unjust 鈥渄in of diatribe鈥?against the way American criminal justice makes necessarily flawed but necessary trade-offs in the allocation of scarce resources in support of competing values.
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Revision as of 14:33, 9 September 2014

@@@ In our Thursday column we wrote about the racist Peter H. Burnett, the first elected civilian governor of California and, regrettably, the namesake of Burnett Elementary School in the Poly area of Long Beach.You can t imagine our surprise <a href=http://capstone.edu.sg/images/gucciusaonlineoutlet.php> cheap gucci</a> when we woke up the next morning and it still hadn t been renamed. We used to have a lot of sway in this town. But now, even after pointing out that Burnett makes today s modern breed of racist look quaintly tolerant, we have to get up in the morning and find that there s still a Peter H. Burnett school in Long Beach, right in the middle of a neighborhood filled with the sort of people that he desperately wanted to keep out of his state. At least some readers have taken up the cause. So, when is the school name being changed????? wondered (by a factor of five) Rebecca Magdaleno Rankins. OK, let s start a movement to change the name, wrote Jane Coombs.Of the more than two dozen responses we received after the column s publication, only one reader had a good reason for keeping the school s name. Our friend Russ Parsons wrote, As a big fan of ironic history, I love this. His ghost must be perpetually tortured by it. A bit of clarification about the name comes from Claudine No Relation Burnett, who tells us that Thomas Burr Burnett was the railroad magnate who brought the first rail into Long Beach. Farmers in the then-unincorporated (and, perhaps even unnamed) area wanted a depot built where they could load their produce and named the area Burnett to flatter the man into building one. The school, then, was named Burnett, though at the time it was just named for the area that it served. In earlier days, all the Long Beach schools were named for the area where they were located Los Cerritos, Carroll Park, etc., wrote Burnett. In the 1920s it was decided <a href=http://capstone.edu.sg/clreplicashoes.php>Christian Louboutin Shoes Sale</a> to rename them after important individuals. All complied except the residents of Burnett who fought to keep the name of the school with no first name attached.In the 1970s, when the schools were looking up the individuals whose names were given to Long Beach schools, they couldn t find anyone important named Burnett except the first governor of California. The earlier history (of Thomas Burr Burnett) had been forgotten, Burnett writes. And, apparently, the history of Peter H. Burnett had been ignored.So, now what? Obviously, the name needs to be changed. Happily, it can remain Burnett. It s just the Peter H. that needs to be run out of town on a rail.Several notable Burnetts have been suggested by readers. The first came from our old schoolmate (and by old, we totally mean young ) Kristi Fischer: Let s change the name to Claudine Burnett! Others followed: From Christopher Berry: Chester Burnett Elementary. The African-American was better <a href=http://www.symbiose.ca/images/christianlouboutin.gwij.php>Christian Louboutin Outlet</a> known as the bluesman Howlin Wolf. Adds Berry: The Wolf can t be honored enough, and it would be an extra slap in the face to Peter Burnett. And our man in Sacramento, Will Shuck, suggests, simply, Carol.

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