Virginia Governor Ralph Northam signed legislation to end the death penalty in the Commonwealth of Virginia. Virginia is the first southern state to end the death penalty and holds the dubious distinction of being the second highest state of executions with 1400 lives taken since the Colonies. The death penalty has its roots in slavery, slave patrols, lynching and Jim Crow. The good news is that Virginia becomes the 23rd state to end the death penalty. The bad news is that 27 other states still have the death penalty. Ironically, lynching was the precursor to the death penalty. Lynching events decreased as capital punishment took its place in the South. Eight in ten executions since 1976 have occurred in the South. And eight in ten lynching incidents from 1889 to 1918 were carried out in the South. Executions in Virigna were carried out by hanging for the first 300 years until 1908. The earliest form of the death penalty was the slave patrols. The earliest form of … [Read more...] about Virginia Ends Death Penalty After 400 Years
criminal justice
Derek Chauvin Defense versus Justice for George Floyd
A jury has been selected in the Derek Chauvin trial, the former police officer who snuffed out the life of George Floyd with his knee held on Floyd’s neck for 8 minutes and 46 seconds. Twelve members of the jury will decide Chauvin’s fate. Three alternates were chosen in the event that any of the twelve jurors might be excused during the trial. The jurors consist of three Black men, one Black woman, two mixed-race women and nine white jurors. It is unclear which jurors represent the initial twelve members of the jury who must weigh the evidence and decide if Chauvin committed second degree murder, third degree murder or manslaughter. The prosecution failed to charge Chauvin with first degree murder. As a former prosecutor, I have tried cases with far less evidence and received convictions of first -degree murder. Of course, my convictions were not against police officers who are rarely charged or convicted of murder or manslaughter. From 2005 to 2020, only five officers were … [Read more...] about Derek Chauvin Defense versus Justice for George Floyd
Justice for George Floyd versus Black Reality
All eyes will be focused on Minneapolis as jury selections begin March 8, 2021 in the trial of Derek Chauvin, former Minneapolis police officer, charged with second degree murder and second degree manslaughter for the death of George Floyd. On May 25, 2020 Chauvin snuffed out Floyd’s life with his knee held on his neck for 8 minutes and 46 seconds as Floyd cried out nearly thirty times that he couldn’t breathe. Protests started the next day in cities across the country with tens of thousands of protesters and continued into the summer. Caught on video, the case appears to be a slam dunk for a conviction for the prosecution. As a former Baltimore prosecutor, I know the reality is a bitter pill to swallow. Juries rarely convict the few police officers who are charged with the murder or police brutality of unarmed Black people—despite video footage. A conviction will hinge on the jurors who are selected to hear the case. Jury selections are estimated to take several weeks. A jury … [Read more...] about Justice for George Floyd versus Black Reality
All Courts Should Close due to Coronavirus
With the closure of schools, restaurants, movies, churches, entertainment venues, sports activities, all states and the District of Columbia must consider closing all courts except for emergency matters. While each state must weigh the decision against the health options, the health options and possible loss of life must outweigh any other considerations. Today, the Trump administration recommended no public gatherings over 10 persons. I was last in court on March 5, 6 with a client. The large Maryland criminal courtroom was filled with standing room only. As the person sitting in front of me wearing a mask, began coughing, I became nervous. One-week later Friday, March 13, 2020, Maryland Governor Hogan closed all Maryland state courts to the public until April 3, 2020. In Michigan, state courts have recommended the postponement of all civil and criminal trials unless a defendant is in custody. Large court rooms are a hotbed of germs on even any non-Coronavirus pandemic day. It … [Read more...] about All Courts Should Close due to Coronavirus
2020 Presidential Candidates Must Address Criminal Justice
On Sunday, June 23, Mayor Pete Buttigieg had a wake-up call on criminal justice issues. Instead of prepping for the Democratic presidential debate to be held on June 27, Buttigieg held a South Bend, Indiana town hall over the fatal police shooting of a 54 -year old black man by a white police officer. The police officer’s body camera did not record the shooting. Many black residents expressed anger at Buttigieg over the city’s ongoing criminal justice issues involving blacks and the police. Eric Logan was just the latest black man shot and killed by a police officer. He follows a long list of many others throughout the country. This is not an isolated issue solely for Mayor Buttigieg but for all Democratic presidential candidates in 2020. Criminal justice reform, including police shootings and killings of blacks, is an issue that must be addressed by Democratic presidential contenders. As an African American woman and former prosecutor, it’s painful to listen to my friends … [Read more...] about 2020 Presidential Candidates Must Address Criminal Justice
Cyntoia Brown: Justice Delayed and Denied
Today, Tennessee Governor Bill Haslam granted clemency to Cyntoia Brown, a former teen sex trafficking victim who received a life sentence at age 16 for killing a man who allegedly paid money to have sex with her. Brown was tried as an adult and had no chance of parole until she would have turned 61. Brown, now 30, after having served 15 years, will be released in August and must remain on parole for 10 years. Her case sparked the attention of the media with support by celebrities Rihanna, Ashley Judd and Kim Kardashian West. Cyntoia Brown did not receive a get out of jail free card. Her clemency conditions require that she remain on parole for 10 years. She will not be free of parole conditions until she turns 40. Clemency differs from a pardon. In clemency, an inmate’s sentence is reduced, usually with some conditions. In a pardon, a person’s conviction is completely wiped out. Today, we hear the pardon word being considered and thrown around like Frisbees in the cases of Trump … [Read more...] about Cyntoia Brown: Justice Delayed and Denied