Later, of course, the same prosecutors who so vigorously defended Nifong’s conduct became vocal proponents of a severe sanction. Marquis has worried over the undermining of prosecutorial authority, due to the “Nifong effect,” and Murphy has also recently edged away from the former DA. What once played as reasonable conduct is now portrayed as the misdeeds of an outlier. A simple calculus explains the shift: If Mike Nifong’s conduct is commonplace, then the whole system is corrupt. If other DAs do what he did, then we have to face up to how widespread and corrosive prosecutorial misconduct really is—a discussion Marquis and Murphy and other prosecutors would strongly prefer to avoid.
Though the Duke case has been spun from the outset as a parable about race, it has always been far more about class, access, and power. From the beginning, the three boys had extraordinary legal talent, unusual political access, and significant press savvy. With a steady stream of exculpatory evidence and investigative triumphs that would have eluded all but the wealthiest of defendants, the defense team mounted an extremely well-funded and successful public campaign, exerting tremendous pressure on Nifong and other state officials. In the end, the Duke defendants orchestrated Mr. Nifong’s downfall and also won an outcome almost unheard of in our criminal justice system—a pretrial exoneration.
The disbarment of Mike Nifong, and the civil suit or even criminal charges that are almost sure to follow, might seem a pleasing end to a sad saga. And yet Nifong is a scapegoat. Despite their terrifying power to ruin lives, prosecutors are afforded almost unparalleled discretion to do their jobs and extraordinary deference from the courts. As a result, serious sanctions for prosecutorial misdeeds are virtually unheard of. This makes it highly unlikely that Nifong’s comeuppance will deter aggressive prosecutors. Instead, his punishment will be seen for what it is: a freakish anomaly.
Crime and Punishment
Lacking Perspective
Things are pretty grim. Armed gunmen are getting bolder. Agents of the duly elected government are at risk, with many of them being assassinated in front of their families. Police officers are specifically targeted, often being kidnapped so they can be tortured to death. The message is simple: Join the side of law and order and you will be killed. The favorite method of execution is to behead the victim, a tactic favored by terrorists.
Sounds like the most overwrought prose from a journalist describing the situation in Iraq, or maybe the Palestinian Territories. But I’m talking about the drug war being waged in Mexico at this very moment. The Washington Post article behind that last link states that 600 people have died this year.
I doubt very highly that either their figures or analysis of the situation is accurate. I have reason to believe that things are much worse. StrategyPage.com states that over 1,200 people have been killed this year. What is most alarming is that the drug gangs are actively recruiting regular Mexican Army deserters, men that have had training in combat, weapon use, and who are able to plan and carry out complex operations.
There are a few questions about this situation that need to be asked. The most important is: How did the drug gangs manage to become so powerful that they are able to take over whole towns, defy the Federal government, and assassinate important officials?
American Criminals in Cuba
Kesher Talk links to an IHT article about American fugitives who are sheltered by the Cuban regime.
(via Tatyana)
(Cross posted at 26th Parallel.)
Measuring Crazy
One of my professors once made the startling statement that, “one cannot measure speed.” This came as something of surprise to those of us who had speedometers in our cars. Yet, the professor had made a profound point. In science, it is vitally important to know exactly what phenomenon one actually measures. Especially in the arena of public policy, we often act as if we have accurate measurements of phenomena when we actually do not. I think the problem is especially bad when it comes to the question of mental health.