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“How Prosecutors Get Away With Cutting Black Jurors”: ‘Articulating Juror Negatives’, A Perpetuation Of Institutional Racism

A curious thing happened at the trial of Timothy Tyrone Foster, a young black man accused of killing an elderly white woman: Every black prospective juror was dismissed. Foster was convicted, and sentenced to death, by an all-white jury.

Even more curious: There were 42 prospective jurors that morning, five of whom were black. All dismissed, four of whom by “peremptory challenge,” in which the prosecutor strikes a juror at his or her discretion. In Georgia, where Foster’s trial took place, prosecutors have 10 such options.

Peremptory challenges were entirely unreviewable for most of American history. That was their function: In addition to dismissals with reasons, they were meant to give prosecutors and defense attorneys (in Georgia, defense attorneys get 20 such challenges) leeway to strike potentially problematic jurors without explanation.

That changed somewhat in 1986, when the Supreme Court decided Batson v. Kentucky. In Batson, the court held that using peremptory challenges to strike jurors on the basis of race was unconstitutional.

Foster’s trial, though, took place after Batson. How is that possible? Because Batson has proven to be almost worthless in practice. All a prosecutor must do is provide some race-neutral reason for striking jurors, and that is extremely easy to do. Maybe the juror didn’t make eye contact. Maybe she was female. Maybe he looked bored or inattentive—as most of us are at the end of hours of jury duty.

Any of these reasons will do, and so, in Foster’s case and countless others, winning a “Batson challenge” is basically impossible.

Except Foster’s case has turned out to be different. During the lengthy appeals process (nearly 30 years and counting), the prosecutor’s notes were made public. And they are laughable and tragic at the same time. Black prospective jurors are annotated as B#1, B#2, et cetera. Weighing the different options, the prosecutor noted that one has “the most potential to choose from out of the four remaining blacks.” And so on.

And then there were the absurd pretexts the prosecutor provided to satisfy Batson. First, he listed over 30 different reasons, basically throwing everything against the wall to see what would stick. He said three didn’t make enough eye contact. He said another was a social worker, which in fact she was not. He said one was close in age to the 18-year-old defendant; she was 34.

All this make it abundantly clear that race was the predominant factor in striking these jurors, notwithstanding the pretexts given for their dismissals.

And that’s why Foster’s case is now at the Supreme Court, which will have an opportunity to update Batson, and perhaps give it some teeth. The court will also, of course, determine the fate of Foster, who is developmentally disabled and who has now spent nearly 30 years on death row.

Batson has failed miserably to prevent race discrimination,” says Stephen Bright, who is Foster’s lawyer, a professor at Yale Law School, president of the Southern Center for Human Rights, and one of the leading advocates for criminal justice reform, including abolition of the death penalty. Bright has been down this road before, having won two Supreme Court cases on race discrimination and jury selection. And he says that Foster’s case is not unusual in the least.

“What went on at trial was typical,” he told The Daily Beast. “What’s unusual is we know what’s in the prosecutor’s files. These notes that show not just a consciousness of race but an obsession with race.”

Batson has failed to prevent discrimination, says Bright, for at least three reasons.

First, “every prosecutor has a handy-dandy list of race-neutral reasons that they give. They even distribute reasons in advance. Some state training programs even distribute a list called ‘Articulating Juror Negatives.’”

That’s right, all prosecutors have to do is read from a prewritten list of reasons, and they’ll prevail. “They just say, ‘Take a lot of notes when you strike a black juror.’”

Second, Bright notes the awkward dynamic that Batson challenges present. “When you challenge a prosecutor’s strike, you’re saying the prosecutor intentionally discriminated on the basis of race and lied about it. The psychological dynamics between judge and prosecutor are such that it’ll be very hard for the judge to make either one of those findings. You deal with the prosecutor day in and day out—you’re gonna call the guy a liar and a racist?”

Third, and most damningly, “elected judges in the state courts are not known for recognizing constitutional violations, especially in cases of race. The local judge would’ve been voted out of office had he found a Batson violation. He and the district attorney work together all the time. There’s just no chance that’s going to happen.”

As a result, says Bright, “A lot of defense lawyers have quit making Batson objections because they just don’t think there’s any point.”

The result is a perpetuation of the institutional racism of the judicial system itself.

First, of course, individual cases are influenced. In the case of Foster, Bright says “this kid got sentenced to death because he was a black kid who committed a horrible crime against a white woman. If it had been a black woman, it wouldn’t have been a death penalty case.”

Amazingly, in front of his all-white jury, the prosecutor in Foster’s case told the jury in his closing argument to “give Foster the death penalty to deter people in the projects”—which Bright calculated to be 94 percent black at the time. “That’s a pretty racist appeal to say to an all-white jury.”

Second, the net effect of blocking black jurors from service, in addition to the discrimination they experience, is to diminish the integrity of the judicial system. Says Bright, “A person comes to a courtroom where you may have a 30-40% black population, and the average citizen sees all-white juries. Not only that: everybody’s white up there in the front: the prosecutor, the judge, the jury. The only person of color is the person on trial.” (As reported in an earlier installment of Out of Order, 95 percent of prosecutors are white.)

As a result, says Bright, “black people know they are not part of the criminal justice system. It’s an all-white system. And white people know it too.”

What happens now? In Bright’s opinion, the Foster case will likely be decided on its specific facts: with this evidence, the Supreme Court may well decide that there is a clear inference of racial discrimination.

But Foster may turn out to be too easy a case. Most prosecutors don’t leave smoking guns lying around—as Bright said to me, the mistake this one made was not shredding his notes afterwards. So what about the more numerous cases where racial discrimination takes place without smoking guns like this one?

One option would be to reduce the number of peremptory challenges available to prosecutors—but that is a matter of state law, with each state having different regimes in place. (Bright says there is no appetite for eliminating peremptory challenges altogether because prosecutors, needing unanimous verdicts, are “scared to death there’ll be that one eccentric person on the jury who’s going to hang the jury.”) At the very least, that would limit prosecutors’ capacity to use challenges to stack all-white juries.

Another could be to change the evidentiary standard for finding racial discrimination. The current standard requires that the prosecutor have a “mind to discriminate”—basically, that a prosecutor be found racist. But the court could set out a standard that looks more like disparate impact. Without making any inference as to what’s in a given prosecutor’s head, the bare statistical imbalance could enable a defendant’s challenge to prevail.

Disparate impact reasoning was recently (barely) upheld by the Supreme Court in the last term in the context of the Fair Housing Act. To be sure, it is imperfect and can lead to quotas, thus increasing, rather than decreasing, race-based decisionmaking. But it also eliminates Batson’s embrace of the ridiculous pretext, and the uncomfortable inference that a legal colleague is a liar and a racist.

It’s also possible that, amazingly, Foster could lose. If the court finds that the race discrimination at issue was a harmless error—in particular, if the new evidence of discrimination is not a “relevant circumstance” that the appeals court should have considered—Foster could still face execution. Given the current composition of the Supreme Court, this is a very real possibility.

But even if Foster gets a new trial, the phenomenon of the “all-white jury,” which Bob Dylan sang about in 1975, will remain as long as prosecutors can exercise challenges on a pretext, and bar people of color from sitting on a jury of one’s peers.

In Bright’s words, “When one part of the community is systematically kept off the juries undermines the respect that people pay to the courts’ decisions. Something needs to be done about it.”


By: Jay Michaelson, The Daily Beast, September 28, 2015

September 30, 2015 Posted by | African Americans, Criminal Justice System, Judicial System, Prosecutors | , , , , , , , | 2 Comments

“Dear Texas: What Are You Afraid Of Now?”: We Must Live With Our Mistakes. How Else Are We Going To Learn From Them?

Well, there you go again, Texas, making me wish we still had your Molly Ivins around to make sense of you.

As the late, great columnist once so wisely explained, “Many a time freedom has been rolled back — and always for the same reason: fear.”

I took that to heart while reading a boatload of coverage about your elected state school board’s latest effort to indoctrinate its students with the kind of misinformation that’s going to make them the butt of an awful lot of jokes.

This time, you want your children to graduate from high school thinking slavery had nothing to do with the Civil War.

Dear Texas: What are you afraid of now?

We know you’re scared of your women, because you keep trying to eliminate their constitutional right to an abortion. The U.S. Supreme Court put a stop to that stunt, at least for now.

We know you’re scared of progress, too, because you execute more people than any other state in the country. By the way, I’m wearing my favorite T-shirt right now, the one that reads: “I’ll Believe Corporations Are People When Texas Executes One.” Members of my late father’s union, Local 271 of the Utility Workers of America, gave me that T-shirt.

Holy sweet tea, there’s another thing you’re afraid of: unions. Can’t have workers negotiating for wages and benefits in Texas. They might make a living wage.

And now, it looks like you’re afraid of your own history. As The Washington Post‘s Emma Brown reported, this fall Texas students will have brand-new textbooks that cast slavery as a “side issue” of the Civil War. The books don’t even mention Jim Crow laws or the Ku Klux Klan.

Students will read Jefferson Davis’ inaugural address as president of the Confederate States of America, in which he didn’t mention slavery. But students won’t be required to read that famous speech by Davis’ vice-president, Alexander Stephens, “in which he explained that the South’s desire to preserve slavery was the cornerstone of its new government and ‘the immediate cause of the late rupture and present revolution.’”

You see what Stephens did there? Of course you do, which is why he is now Texas’ least popular politician of the Civil War. Next to Abraham Lincoln, I mean. He made the cut for the new book, right? Please say yes.

In 1949, historian Arthur M. Schlesinger Jr. rebutted claims of an earlier generation of revisionists in an essay titled, “The Causes of the Civil War: A Note on Historical Sentimentalism.” He included the essay in his 1963 book, The Politics of Hope, which I pulled off our bookshelf and discovered to be packed with observations about America that are as relevant today — jarringly so — as they were more than five decades ago.

Schlesinger took on the revisionist argument that slavery had little, if anything, to do with the Civil War. The revisionists’ claim is best summarized as follows: “See now, there you go, misunderstanding what was happening in the South. Why, we were this close to freeing the slaves before Lincoln showed up with his uppity self.”

Schlesinger’s response, in part:

“To reject the moral actuality of the Civil War is to foreclose the possibility of an adequate account of its causes. More than that, it is to misconceive and grotesquely to sentimentalize the nature of history. … Nothing exists in history to assure us that the great moral dilemmas can be resolved without pain; we cannot therefore be relieved from the duty of moral judgment on issues so appalling and inescapable as those involved in human slavery; nor can we be consoled by sentimental theories about the needlessness of the Civil War into regarding our own struggles against evil as equally needless.”

We must live with our mistakes. How else are we going to learn from them?

Texas, you go ahead and try to poison the minds of your children, but this version of history won’t fool the independent thinkers among them. As anyone who has raised or taught teenagers knows, they are a challenging age. Not only do they see through our hypocrisy; they call us out on it, too. So annoying, those wicked-smart youngsters.

You can always lure a few suckers when you pander to those who cherish the myths of history more than the truths of its legacy. But we’re talking five million students, and I know from my many visits to your state that you’re not nearly as monolithic as your right-wingers want us Northerners to believe.

Molly Ivins knew that, too — and long before the Internet made it so easy for kids to be kids, with their questioning ways.

“I believe all Southern liberals come from the same starting point — race,” she wrote. “Once you figure out they are lying to you about race, you start to question everything.”

Rip open the chips and pass the chile con queso. I don’t want to miss a minute of this showdown.


By: Connie Schultz, Pulitzer Prize-Winning Columnist and Essayist for Parade magazine; The National Memo, July 9, 2015

July 10, 2015 Posted by | American History, Confederacy, Texas | , , , , , , , | 1 Comment

“Hey, Liberals; SCOTUS Ain’t Your Friend”: Conservatives Literally Want To Roll Back The Judicial Clock To 1905

It would be understandable if liberals were feeling kind of relaxed, kind of “Supreme Court, what’s so bad?” over the weekend. John Roberts and Anthony Kennedy delivered for our team on Obamacare, and then Kennedy came through again on same-sex marriage. If this is a conservative court, is getting a liberal one—which will be one of the trump-card arguments for voting for Hillary Clinton next fall—really a matter of such pressing urgency?

Well, yes. As we saw yesterday with the court’s death-penalty and EPA rulings, it’s still a long way from being a liberal court. But there’s more to it than that. People should remember that if a Republican is elected president next year and has the chance to replace Kennedy and/or Ruth Bader Ginsburg with another Samuel Alito, the Obamacare and same-sex marriage standings could easily be reversed. And don’t think there aren’t conservatives out there thinking about it, because there most certainly are, and they literally want to roll back the judicial clock to 1905.

An interesting and important debate opened up over the weekend in conservative legal circles that you should take time to educate yourself about. Many conservatives, of course, are furious with Roberts and Kennedy and are wondering, with conservatives like this, who needs liberals?

The ins and outs of the debate were deftly summarized yesterday by Ian Millhiser of Think Progress. I’m not going to take you as deep into the jurisprudential weeds as Millhiser does, but here’s the basic story. Since the 1980s, “judicial restraint” has been the guiding principle of conservative jurisprudence—the idea that judges shouldn’t make law from the bench but should rule more narrowly and modestly, deferring to the other branches. Roberts was invoking judicial restraint during his confirmation hearings with that famous line about judges just calling “balls and strikes.”

Judicial restraint was appealing to conservatives at the time because to a large extent, majorities of the public shared their views on pressing issues of the day. It was liberals back then who were trying to gain through the courts what they could not accomplish through legislatures and the political process.

But now that reality is to a considerable extent reversed. Public opinion is firmly against conservatives on same-sex marriage, and even on Obamacare, though the law (or the name of the law) remains unpopular, polling before last week’s decision showed that majorities didn’t want the Court to take away people’s health-care subsidies. And besides, Obamacare is after all a law, duly passed by the people’s representatives in Washington.

So now it’s the right trying to achieve through the courts outcomes that it could not through the political process. This is what Roberts in essence said in his majority opinion upholding the health-care law. “Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them,” Roberts wrote. “If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.”

All of this takes us back to Lochner v. New York, a 1905 decision that I’m not going to get into here (Millhiser does) but that in essence used the Fourteenth Amendment to extend rights not to individuals but to employers. The decision led to a series of decisions up through the New Deal that invalidated several key pieces of progressive legislation protecting workers and more. The Lochner majority relied on a view of the Fourteenth Amendment that is now discredited—except on the far right.

Which brings us to this past weekend. Conservative Georgetown law professor Randy Barnett wrote a column lambasting judicial restraint, arguing that “selecting judges with the judicial mindset of ‘judicial restraint’ and ‘deference’ to the majoritarian branches leads to the results we witnessed in NFIB [the first upholding of Obamacare back in 2012] and King.” He wants judges who embrace Lochner and who understand the “duty of judges to invalidate unconstitutional law without restraint or deference.”

Barnett specifically cited Clarence Thomas as an example of a judge who has this depth of understanding. And conservative law professor Jonathan Adler, one of the two, ah, creative minds who brought us the bogus King v. Burwell lawsuit in the first place, tweeted over the weekend that if a Republican wins the election next year, he ought to put Utah Senator Mike Lee on the court. As Millhiser notes, Lee is huge Lochner-ian, to the point that he thinks that Social Security, Medicare, and child labor laws are all unconstitutional.

Barnett wrote in his column that there would heretofore be a new standard that conservative legal scholars will demand of Republican presidential nominees. Now, dimwit candidates like Jeb Bush and Marco Rubio who yammer on about “judicial restraint” and “deference to the other branches” will be exposed as the traitors in waiting that they are, capable of upholding abominable notions like letting people who love each other get married or giving working-class and poor people a little financial help so they can take their kids to the doctor. Judicial restraint, apparently, breeds certain counter-revolutionary tendencies.

And this, finally, circles us back to the 2016 election and health care and marriage equality. Several legal challenges to Obamacare are still pending. Other inventive approaches no doubt await us. For example, a group of legislators in some red state could sue claiming that as the elected representatives of the people, they were denied by the court their proper deliberative role in the process of deciding how to bring health care to their state. If we get a Republican president and he puts a Barnett/Adler-approved justice on the court, poof, sayonara subsidies.

Same-sex marriage’s majority is even more precarious. For example: A gay plaintiff or plaintiffs could bring some kind of discrimination lawsuit (despite the marriage win, there still are other kinds of discrimination lawsuits on the books). A Lochner-loving majority of five could use that suit as the occasion to say, actually, discrimination here is legal, and while we’re at it, this marriage business…

And mind you, from a legal point of view, this would be legitimate. After all, think of it this way: If Kennedy had retired shortly after Citizens United and Barack Obama had put a liberal on the bench, liberals would have advanced at least one legal vehicle to try to get campaign-spending issues before the Court again hoping for reversal. All’s fair in campaign-finance, health care, love, and bigotry.

Imagine how that would feel—same-sex marriage overturned. Right now it’s hypothetical, but it is a long, long way from impossible. And if the Republican wins in 2016, and if Barnett’s arguments carry the day, we could end up with two or three more Alitos on the bench.

Still feeling relaxed?


By: Michael Tomasky, The Daily Beast, June 30, 2015

July 1, 2015 Posted by | Conservatives, Liberals, SCOTUS | , , , , , , , , , | Leave a comment

“Pro-Punishment”: Right-To-Lifers Are Hypocrites — And Here’s Why

A caveat: I don’t include nuns in this formulation, simply because “right-to-life” has come to mean the anti-abortion movement exclusively. Nuns have the ethical and spiritual integrity to be consistent in their belief that all life (as they define it) is sacred. In fact, that consistency is what illuminates the hypocrisy of the anti-choice movement.

Right-to-lifers (unlike many nuns) do not hold candlelight vigils outside prisons when a death row inmate is about to be executed. No buffer zone needs to be established, corrections officials don’t have to worry about their personal addresses being posted, or their facilities being bombed. Wardens are not shot by those who insist “Thou Shall Not Kill” is a commandment that must be respected no matter what the circumstances. In fact, these Biblicists are just as informed by the Hammurabi code: “an eye for an eye, a tooth for a tooth.” They adhere to the notion that the “right” to life can be revoked; it is conditional on one’s actions.

This tacit admission that life is not universally deserved is a crucial crack in their stance against abortion. They don’t decry our military engaging in “just” war, in the execution of murderers and terrorists. Ironically for the Tea Party libertarians among them, they don’t even object to the right of the state to determine whether some citizens should forfeit their lives for some crimes. But they object to the right of a woman to decide for herself whether her fetus, or even a fertilized egg not yet attached to the uterine wall, should be carried to term. In their thinking, fetuses have done nothing to “deserve” their fate.

You can’t, on the one hand, claim that all life is sacred, and then remain silent when men and women — some later determined to be innocent — are executed. That silence is a concession to the principle that the right to life is conditional. One can see this psychology of “deservedness” in the present humanitarian crisis on the border. The angry anti-immigrant placard-wavers are overwhelmingly rightwing, of the very same ilk that decries abortion. The right-to-lifers ringing abortion clinics have not abandoned their posts to run to the border in defense of real woman and children. For “they” do not “deserve” a chance at life in the United States, free from the violence and deprivation they are fleeing. They are “illegal.” They “bring disease” (an absurd charge that has become ubiquitous.) By extension, those yearning masses puff up the inner contention of the flag-waving nationalists that being born here is some sort of accomplishment instead of an accident of birth. As if learning English as a toddler was an extraordinary feat of patriotism: Congratulations, your racism comes without an accent!

If we concede that some life is deserved and some not — after all, very few liberals cried at the death of Osama Bin Laden — then we can confront the thorny question of whether some fetuses somehow deserve to live while others do not. I would reframe the issue as whether every child deserves to be wanted, to be welcomed without resentment, to have a mother who doesn’t consider her offspring a burden. How many millions have to grow up in poverty, fill our foster care systems, endure sexual, physical and emotional abuse, end up in prison or even on death row for the right-to-lifers to acknowledge that life without sufficient love or resources breeds despair without hope?

Let me state, for those who are prone to confuse “unwanted” with “unplanned,” that I fully support the decision of all women who may have conceived accidentally to bring the birth to term — whether she brings up the child herself or chooses to provide a loving family with an adoptive gift. Pro-choice does not mean pro-abortion. The irony, of course, is that those who support a woman’s right to choose are also the most fervently pro-access-to-contraception while the right-to-lifers are the most hostile to it, as evidenced in the recent Hobby Lobby decision. This has always made no sense. Those who oppose abortion should be the most passionate in making it as rare as possible.

The truth is that it is not the right of the fetus to life that really drives them. It is their belief that woman who have sex for pleasure should bear the “consequences” of their decision. The hostility is tangible — I have the hate-tweets to prove it. For men, not so much. Hobby Lobby had no objection to reimbursing Viagra and Cialis, made no stipulation that it be made available for married men only. The sole purpose of these two drugs is to facilitate sexual pleasure in the male. For those men who wish to procreate, an additional benefit is the ejaculation only an erection allows. I have heard of no right-to-life organization offering to pay for paternity suits to force men to bear the consequences of not using contraception. Practically speaking, a man who doesn’t want to take responsibility for a child he has sired rarely has to.

Many of course, do the “right” thing. And therein, I suspect, lies the true source of the hostility toward woman who wish to have sex without risking having a baby. Shotgun weddings are practically an institution in the states where the fever against reproductive rights runs hottest. How many unhappy marriages have resulted from a hormonal impulse between teenagers? How many unions of obligation have turned into nightmares of incompatibility, ending in divorce, custody battles or worse? How many husbands and wives caught for life in unplanned parenthood would do it all again if they could relieve the moment they chose passion over purity?

They aren’t pro-life, they are pro-punishment. Murderers must be executed, the undocumented must be deported, and women who dare to control their destiny as they themselves did not cannot be allowed to get away with it.


By: Mark Olmsted, The Huffington Post Blog, July 11, 2014

July 12, 2014 Posted by | Reproductive Rights, Right To Life | , , , , , , , | Leave a comment

“So Much For Checks And Balances”: Welcome To Tennessee, Where Lawmakers Are Trying To Kneecap Judges

In state houses around the country, January often brings the emergence of many of the year’s most dubious legislative proposals. January is the month of patently unconstitutional bans on “sharia law.” It is the month of promoting the unlawful practice of jury nullification. But mostly it’s the month for legislators to attack the independence of the judiciary.

Again this year, all over the country, state lawmakers have introduced bills to curb their cousins in the judicial branch. In Oklahoma, lawmakers want to remove from the Code of Judicial Conduct references to judicial independence. In Kansas and New York, state lawmakers want to force trial judges to render their decisions within a certain time or be forced out of office. But perhaps the most egregious of this year’s crop of ill-advised measures comes from Tennessee, where lawmakers have introduced a bill that combines many of these bad measures from other states into one big ball of scorn for the state’s judiciary.

SB 2322, as the Tennessee bill is known, seeks to replace the administrative office of the state courts with the treasurer’s office, which is part of the executive branch of state government. The state Supreme Court would no longer be able to “direct” the work of the court administrator but rather “urge” executive branch officials to take certain action. The bill would shut down the state’s judicial disciplinary board, now under the auspices of the judicial branch, and replace it with a new review board that would answer, again, to the state treasurer. That board would be made up of political appointees from the executive and legislative branches of government. Judges would be prohibited from serving on a board evaluating the work of the judiciary.

If that were all SB 2322 did, it would be bad enough. Each of the above components of the pending legislation violates separation of powers principles and constitutes impermissible encroachment upon basic judicial functions. It is axiomatic that judges should have the power and authority to administer their own affairs, as they do in every other jurisdiction in the nation, and should not be precluded from evaluating the disciplinary issues that arise within their profession. You don’t need to be a political scientist to understand the pressure the executive branch would be able to wield over Tennessee’s judiciary if the legislature were to enact this bill.

But there is more. SB 2322 seeks to dramatically alter the nature of death penalty procedures in a way that undermines core judicial functions. Judges would not be able to extend filing deadlines in capital cases — even if such extensions were justified and necessary to ensure the constitutional rights of defendants. And judges also would be forced to meet their own deadlines for resolving capital cases, even if they were not ready to do so. Meanwhile, lawyers representing indigent capital defendants would be required to reimburse the state if they were later found to have rendered “ineffective assistance of counsel,” a requirement that would make it materially harder for indigent defendants in the state to get a court-appointed lawyer willing to take the case.

These proposed measures, too, are patently unconstitutional incursions into the judiciary’s work. But they also happen to be bad ideas beyond their constitutional dimensions. Forcing judges to rush their decisions won’t make those decisions more accurate or justifiable — and that won’t ultimately save Tennessee taxpayers from the costs of appellate work. And precluding capital defendants from seeking more time to file their court papers — so they can better evaluate evidence, for example — won’t help root out instances of false confessions, or flawed eyewitness testimony, or prosecutorial misconduct.

Experts who study these sorts of bills are, quite naturally, both alarmed and disappointed. “There’s a reason no other state in the country has such a system, Bert Brandenburg, the executive director of Justice at Stake, told me Monday. “It denies the courts the most basic of administrative functions and seeks to make our courts of law answer to politicians instead of the law.”

Tennessee’s judicial branch is not perfect. No branch of government anywhere is perfect. But it is reckless to think that the best solution to perceived problems within this state’s judiciary is to turn control of it over to the executive branch. There is a reason that our systems of government have three branches that are asked to provide checks and balances upon each other. What SB 2322 would do is upset that balance, and preclude those checks, in a way that surely would end up harming the people of Tennessee.


By: Andrew Cohen, The Week, January 29, 2014

January 31, 2014 Posted by | Judges, State Legislatures | , , , , | Leave a comment


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