My job as a Deputy DA is to enforce the law. To prosecute those who break the law in a fair and just manner. To give closure and justice to victims. To analyze the strengths and weaknesses of my cases, make fair plea offers, and treat defendants in an even-handed manner. I don't write the laws. Sometimes I don't agree with the laws. But my job is not to change the law but to follow it.
Not all DAs feel this way. There are some who selectively choose not to enforce the law, or who give special treatment to certain groups. Nowhere do I see this disparity more than in the treatment of illegal aliens. I am not going to call them "undocumented workers" or immigrants. They are here illegally and they are aliens, i.e. foreign persons without permission to be in our country.
I only prosecute felonies at this point in my career, and the difference was more marked when prosecuting misdemeanors but it is still a frequent issue. At the misdemeanor level, the most common requests for special treatment come in the context of driving cases and domestic violence cases. In the former, defense attorneys want a break for their clients because they can't (or couldn't prior to recent law changes) get their drivers' licenses, so what choice to they have but to drive without one? The simple answer is, had they followed the immigration laws in the first place, they wouldn't have this problem with the traffic laws. But no one seems to notice that little point.
In domestic violence cases, and in my current felony cases, the plea is different. There the sad, sad story is so-and-so will get deported if you give him the same offer you give the American citizen who committed the same crime so you should give him a better offer. They want non-physical DV offers (phone harassment) and lower level drug offenses than are typically offered to citizens and legal residents. And the truth is, they often get these offers from my colleagues.
I don't like this policy. I follow it because it is the policy of my office and I am not the decision maker when it comes to these things. But I feel it is fundamentally unfair to give a better offer to someone here illegally (for the simple reason that they're here illegally and face consequences for that previous decision) than I would give to an American citizen who has not come here illegally.
And frankly, it's pretty damn hard to get deported under the current administration. Almost all non-violent crimes no longer result in deportation. Even some people with pretty terrible records are allowed to stay. It's the really violent stuff that gets people deported. Most of the other guys aren't actually facing immediate deportation - they want to be eligible for legal residency and citizenship at some point (a hope kept alive by Obama's disregard for immigration law) so they want a plea that will not just keep them in the country but allow them to eventually become citizens.
And here's the thing: I like immigrants. Man, those men and women who go through the process, are vetted, wait their turn, and come here are amazing. They appreciate America like most of the native born citizens can't. They work hard and they contribute incredibly to our society. I want more of those people. We allow a lot of legal immigration, but could allow more if we weren't burdened by millions who didn't wait their turn.
And here's the other thing: there simply aren't that many crimes that are going to block someone from legal residency or deport them. Literally we're only talking about physical domestic violence and felonies. And guess what? We don't want any more felons here. We grow enough of our own - we don't need them from other countries. Our legislators have essentially said - ok you can break some of the "minor" rules - just don't commit the big crimes and we'll leave you alone. And those people who can't even avoid breaking the big rules - the felonies - then want a deal that will pretend they didn't do one of those very few things where we've drawn the line and said ok you gotta go.
If you know you're here illegally, shouldn't you be that much more careful to obey the law. Seriously, if you're here illegally but you pretty much just live your life and don't get into trouble, you're going to get to stay. It's like when you're driving and you know your license or registration is expired. You drive that much more carefully because you don't want to give the cops an excuse to pull you over, right? I'm sure there are many who fall into that category and maybe my feeling on this is skewed by the job I'm in and the location. A large percentage of our cases come from the illegal alien community - a disproportionate percentage.
Is it so hard to just follow the rules?
Tuesday, June 28, 2016
Wednesday, June 22, 2016
The Meth Solution
Meth is bad (cue South Park Mr. Mackay). I mean real bad. If we could get rid of meth and heroin my caseload of thefts/false info to pawnbroker/motor vehicle theft cases would drop by about 2/3. Not to mention the controlled substance cases.
The "civilian" world thinks our system is really mean to drug offenders. Really, the opposite is true, at least in my jurisdiction (the Feds are another story altogether). We're super lenient on simple possession cases - we try to use our resources in prosecution/prison to go after the manufacturers and dealers. We bend over backwards to try to get people whose crime is possession of drugs or who commit property crimes in pursuit of drugs help. We give them repeated chances with diversion, probation, drug court, intensive probation, etc., to try to keep them out of prison. Diversion and probation officers provide treatment options and frequently pay for treatment for offenders.
The simple truth is we don't want to fill up our prisons with addicts. Especially those who commit "minor" property crimes in conjunction with their addiction. I have literally seen my judge sentence a defendant on a 7th felony to probation because his entire history was a case study in addiction.
But the simple truth is no matter what carrot and/or stick we try to use, the person has to be ready to get help and has to want it. Yes, they all say they want to get clean, when they're in jail and jonesing for drugs and in front of a judge facing prison. "This has been a huge wake up call. I want help. I want to get into treatment. I want to do it for my kids." I can't count the number of times I've heard this. And I can't count the number of times I've seen these same defendants come back on probation revocation only a couple months later (and that's after the probation officer has given them umpteen chances to get it together).
The real problem for me is the last sentence - the kids. Because I swear to you, meth appears to be the most effective fertility drug out there. And if you want to eff up your own life I feel bad for you but it's on you. When you bring children into the mix it just breaks my heart. And I'll be the one to see those kids in 18 years in court on their first felonies and talking about how their mom/dad was never there and was addicted to drugs and they got addicted too. My friend N and I were recently talking about this and came up with the solution.
Cue the solution (scientists get to work on this): Meth with birth control included. This would be legal meth. Regular meth - still illegal. Birth Control Meth - totally legal. So you can do meth if you want but only with the BC component. It'd be super cheap too because it would be legal. Destroy your own life but don't bring another into the world and destroy it too. I'm sure some super smart guys/gals could come up with a way to make the birth control aspect last at least a year after last use. That way if a person really does get his/her life cleaned up they can have children once they've been off the drugs for awhile.
I know this is so much wishful thinking and it's not that simple. But I see kids being destroyed every day with this drug. Living in houses heated by the oven being on and using buckets as toilets. A 6 year old who is not potty trained. And recently, a meth addict who left her 4 year old, 18 month old, and 6 week old alone in the bathtub. You can guess what happened. The 4 year old and 18 month old tested positive for meth after removal from the home; the 6 week old's body also tested positive at the time of her autopsy.
Our solution may seem halfway lighthearted but behind it is the truth: these kids never have a chance because addiction makes the addict a wholly selfish person focused only on the need for drugs and unable to give a child what he/she needs. When I was pregnant with my children I felt guilty for not eating very healthily and having caffeine too often - as I've often said I'm not one of those perfect women who eats organic perfectly balanced meals and gives up all indulgence while pregnant. But when push comes to shove, my kids come first. I find it unfathomably sad that so many children are born with drugs in their systems and that they grow up in this environment. Especially when I know so many families struggle with fertility and would give anything for the privilege of being a parent.
I meant this to be a kind of funny post but it took a bit of a dark turn. I guess joking about meth addiction only takes you so far when you start thinking about the real innocents affected by it.
The "civilian" world thinks our system is really mean to drug offenders. Really, the opposite is true, at least in my jurisdiction (the Feds are another story altogether). We're super lenient on simple possession cases - we try to use our resources in prosecution/prison to go after the manufacturers and dealers. We bend over backwards to try to get people whose crime is possession of drugs or who commit property crimes in pursuit of drugs help. We give them repeated chances with diversion, probation, drug court, intensive probation, etc., to try to keep them out of prison. Diversion and probation officers provide treatment options and frequently pay for treatment for offenders.
The simple truth is we don't want to fill up our prisons with addicts. Especially those who commit "minor" property crimes in conjunction with their addiction. I have literally seen my judge sentence a defendant on a 7th felony to probation because his entire history was a case study in addiction.
But the simple truth is no matter what carrot and/or stick we try to use, the person has to be ready to get help and has to want it. Yes, they all say they want to get clean, when they're in jail and jonesing for drugs and in front of a judge facing prison. "This has been a huge wake up call. I want help. I want to get into treatment. I want to do it for my kids." I can't count the number of times I've heard this. And I can't count the number of times I've seen these same defendants come back on probation revocation only a couple months later (and that's after the probation officer has given them umpteen chances to get it together).
The real problem for me is the last sentence - the kids. Because I swear to you, meth appears to be the most effective fertility drug out there. And if you want to eff up your own life I feel bad for you but it's on you. When you bring children into the mix it just breaks my heart. And I'll be the one to see those kids in 18 years in court on their first felonies and talking about how their mom/dad was never there and was addicted to drugs and they got addicted too. My friend N and I were recently talking about this and came up with the solution.
Cue the solution (scientists get to work on this): Meth with birth control included. This would be legal meth. Regular meth - still illegal. Birth Control Meth - totally legal. So you can do meth if you want but only with the BC component. It'd be super cheap too because it would be legal. Destroy your own life but don't bring another into the world and destroy it too. I'm sure some super smart guys/gals could come up with a way to make the birth control aspect last at least a year after last use. That way if a person really does get his/her life cleaned up they can have children once they've been off the drugs for awhile.
I know this is so much wishful thinking and it's not that simple. But I see kids being destroyed every day with this drug. Living in houses heated by the oven being on and using buckets as toilets. A 6 year old who is not potty trained. And recently, a meth addict who left her 4 year old, 18 month old, and 6 week old alone in the bathtub. You can guess what happened. The 4 year old and 18 month old tested positive for meth after removal from the home; the 6 week old's body also tested positive at the time of her autopsy.
Our solution may seem halfway lighthearted but behind it is the truth: these kids never have a chance because addiction makes the addict a wholly selfish person focused only on the need for drugs and unable to give a child what he/she needs. When I was pregnant with my children I felt guilty for not eating very healthily and having caffeine too often - as I've often said I'm not one of those perfect women who eats organic perfectly balanced meals and gives up all indulgence while pregnant. But when push comes to shove, my kids come first. I find it unfathomably sad that so many children are born with drugs in their systems and that they grow up in this environment. Especially when I know so many families struggle with fertility and would give anything for the privilege of being a parent.
I meant this to be a kind of funny post but it took a bit of a dark turn. I guess joking about meth addiction only takes you so far when you start thinking about the real innocents affected by it.
Sunday, June 19, 2016
1st Confession - I am a Terrible Parent
Yes, I give my 2 year old Gatorade. I put on Paw Patrol or Cars just to get some peace of mind. And I bribe my child on a regular basis with new cars (hot wheels). He probably has 200 of them. So just a heads up, this will not be a preachy parent blog or a holier than thou blog. I do not do Pinterest because I would fail. Every time. No joke.
I very regularly feed my child mac and cheese and very rarely get him to eat veggies. Hell, I don't eat veggies so meh. I also haven't lost the baby weight and eat crap all day long. I blame it on breastfeeding. Yeah, about breastfeeding - I don't do it because it's "SO GOOD for your baby." I do it because it's cheaper than formula. And yes, that equation only works if you consider the time involved and having to be the one on call for boob time 24/7 as not worth anything but let's be honest, moms out there: we are always last. You know what I mean. I'm not trying to complain but one of the greatest parts about going back to work after my first child was getting to eat my food while it was hot. And without anyone whining at me, throwing things on the floor, or trying to lick the table. Of course, I am that mom that then whips out the iParent (as one friend called it). My 2 year old has known how to open YouTube and put on "race car videos" for ages. He completely zones out and I get 10 (oh who am I kidding - it's more like 20) minutes to eat.
Ok, I'm not really a terrible parent. I'm just a real parent. Who is tired. And sometimes more selfish than I perhaps should be. Just a few minutes ago I realized my son was repeatedly saying "moo cow tractor knock over mommy's water" and realized I probably should do something to prevent this. He had probably been saying it for 2 minutes straight - I'm really not sure.
However, whenever I feel like a bad parent, I just remember some of my wonderful defendants. And I tell myself I am a wonderful parent because I don't do meth. And I don't beat up my spouse (except in my imagination) and I don't hurt my kids and even if I don't manage to do letter flashcards and read 20 books a day and do some sort of enrichment activity every day, my kids are doing fine. I feed them. I love them and show them my love. They are safe and secure.
And despite the fact that I feel a teensy bit of guilt that I just ignored my oldest (we'll call him Big K here) calling for me (when, once again, he's supposed to be napping) so that I could finish this thought, I know I'm doing ok. Not always my best if I'm honest because sometimes I just need a mommy moment. And now I'm going to go check on little K who has been in his swing for I'm not sure how long...
I very regularly feed my child mac and cheese and very rarely get him to eat veggies. Hell, I don't eat veggies so meh. I also haven't lost the baby weight and eat crap all day long. I blame it on breastfeeding. Yeah, about breastfeeding - I don't do it because it's "SO GOOD for your baby." I do it because it's cheaper than formula. And yes, that equation only works if you consider the time involved and having to be the one on call for boob time 24/7 as not worth anything but let's be honest, moms out there: we are always last. You know what I mean. I'm not trying to complain but one of the greatest parts about going back to work after my first child was getting to eat my food while it was hot. And without anyone whining at me, throwing things on the floor, or trying to lick the table. Of course, I am that mom that then whips out the iParent (as one friend called it). My 2 year old has known how to open YouTube and put on "race car videos" for ages. He completely zones out and I get 10 (oh who am I kidding - it's more like 20) minutes to eat.
Ok, I'm not really a terrible parent. I'm just a real parent. Who is tired. And sometimes more selfish than I perhaps should be. Just a few minutes ago I realized my son was repeatedly saying "moo cow tractor knock over mommy's water" and realized I probably should do something to prevent this. He had probably been saying it for 2 minutes straight - I'm really not sure.
However, whenever I feel like a bad parent, I just remember some of my wonderful defendants. And I tell myself I am a wonderful parent because I don't do meth. And I don't beat up my spouse (except in my imagination) and I don't hurt my kids and even if I don't manage to do letter flashcards and read 20 books a day and do some sort of enrichment activity every day, my kids are doing fine. I feed them. I love them and show them my love. They are safe and secure.
And despite the fact that I feel a teensy bit of guilt that I just ignored my oldest (we'll call him Big K here) calling for me (when, once again, he's supposed to be napping) so that I could finish this thought, I know I'm doing ok. Not always my best if I'm honest because sometimes I just need a mommy moment. And now I'm going to go check on little K who has been in his swing for I'm not sure how long...
An Introduction
I am a mother of a 2 year old and 2 month old, a lawyer and prosecutor, and a political junkie. I'm not really sure why I'm starting this blog and even less sure anyone will ever read it. Maybe it's an outgrowth of being on maternity leave and having no one to bounce ideas off although it's something I've thought about for a long time. I'm hoping to stick with it despite an increasingly busy life. I plan to blog about being a prosecution, politics, parenting, and perhaps the occasional pop culture - maybe I should rename the blog PPPP but no one will get it. As I write this, my 2 year old just made a crashing sound from upstairs where he's supposed to be taking a nap so I guess this intro will be short and sweet. I made it through Marine Corps boot camp and law school and getting a 2 year old to sleep is one of my most difficult challenges these days. Off to check on the damage.
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