Clark Neily

@ConLawWarrior

VP / Project on Criminal Justice. Bane of bureaucrats & lover of liberty. More Constitution, less govt.

Washington, DC
Vrijeme pridruživanja: srpanj 2013.

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  1. Prikvačeni tweet
    4. sij

    Me: I think the govt should have to have a compelling reason to lock people up in cages. SCOTUS: Too stringent. Me: OK, how about just an important reason? SCOTUS: Still too much. Me: A good reason? SCOTUS: Nope. Me: How about just an *honest* reason? SCOTUS: Nah. Me:

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  2. prije 7 sati

    Name one profession whose members wouldn’t love to have absolute immunity for their misconduct. And many could make at least as strong a case for it. But only prosecutors are above the law when it comes to civil liability. So they’re really into accountability—for everybody else.

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  3. proslijedio/la je Tweet
    prije 21 sat

    The fraction of uninsured Americans today is only slightly lower than it was prior to the Affordable Care Act, but the average health insurance premium is almost double.

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  4. 4. velj

    “I was just enforcing the law” in the 21st century is the moral equivalent of “I was just following orders” in the mid-20th—it’s an explanation, NOT an excuse.

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  5. 4. velj

    Coercive plea bargaining is a cancer on the criminal justice system. Jury independence—aka nullification—is the most promising cure. Which is why prosecutors are DESPERATE to prevent jurors/potential jurors from being told about it.

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  6. 4. velj

    If you want to know the appropriate punishment for a given crime, take the mid-point between avg sentence when a muggle does it vs avg sentence when a LEO does it (note that zero divided by zero is zero, just in case that comes up, which it will), and you'll be in the ballpark.

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  7. 4. velj

    Ignorance of the law is no excuse--unless you're a cop.

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  8. 4. velj

    Mailmen and delivery drivers encounter far more dogs than cops and kill zero per year, while cops kill about 10,000/yr. The difference? A gun, near-zero accountability for law enforcement, and in some cases more than a dollop of cowardice.

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  9. 4. velj

    American CJ/sentencing policy in the 21st century: There’s no more aggravating factor than exercising your right to trial, and no more mitigating factor than being a member of law enforcement when you committed the crime. Know what that does to the moral legitimacy of the system?

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  10. proslijedio/la je Tweet

    Cop convicted of planting crack on innocent couple. Given probation. Judge “swayed by how he lost his job, pension, & health.” In other words, the same consequences for people I represent jailed on bail *before conviction* that no judge ever cares about.

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  11. 4. velj

    America’s criminal justice system has no greater commitment than ensuring that those who work within the system are never held to the same standard of accountability that they insist upon for others.

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  12. 4. velj

    Hey SCOTUS, you’re wrong: Putting people in cages really *is* a big deal, and govt should have to have a good reason to do it. Because this is the kind of thing that happens, routinely, inside. Not that most of you would trouble yourselves to know.

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  13. 4. velj

    Ask yourself which is more reprehensible—possessing drugs or framing someone for possessing drugs while simultaneously violating your oath to protect and to serve? There are two answers: the sane one, and the one our criminal justice system provides:

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  14. proslijedio/la je Tweet
    3. velj

    I hope that both sides of the aisle realize that criminal justice reform is not the third rail of politics anymore. It should be in both parties' platforms from here forward.

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  15. 3. velj

    Random voter: I’m for team-marginally-less mendacious, pandering, delusional, & appalling. Libertarian: Right on! And remind me, who would that be again?

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  16. 3. velj

    Apropos of the Super Bowl commercial just now: It’s not that we begrudge police and prosecutors for making mistakes—we all do. What we begrudge is their belief that they alone should be unaccountable for those mistakes. And don’t @ me with that “internal accountability” BS, thx.

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  17. 2. velj

    OMFG, this is so perfectly on-brand. An 11yo girl murdered for which Klobuchar prosecutes a 16yo boy, securing life-sentence conviction, and she has no idea if her case was built on the testimony of bribed snitches. Go home, Senator—you’re done.

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  18. 2. velj

    Which best describes the essential character of America’s jails and prisons:

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  19. 2. velj

    When I assert that America’s CJ system has utterly lost its moral compass—and make no mistake, that is what I assert—it’s because I believe the evidence demonstrates conclusively that incidents like this are not anecdotal but systematic.

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  20. 2. velj

    SCOTUS and the rest of the judiciary treat locking someone up in a cage as no big deal—doesn’t even require any genuinely public-spirited reason. But it is a big deal, especially when you do it as incompetently and inhumanely as we do.

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  21. proslijedio/la je Tweet
    1. velj

    Having been a prosecutor for a couple of decades, I can say that this is complete poppycock. It is absolutely common for the defense to solely cross-examine the state’s witnesses and to abstain from putting on witnesses and evidence.

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