WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Friday, December 05, 2008

CRIST SAYS: "NO"

UPDATE:  a "Ruff" First appearance in Broward for the Dunkin Donuts accused shooter. 


UPDATE: OJ SIMPSON, ACQUITTED KILLER, convicted of armed robbery and kidnapping, has been sentenced to 16 years in prison. See you in 2024 Juice. (although rumor is he is eligible for parole in six years.)  Fred Goldman, father of Ron Goldman who Simpson was held civilly liable for murdering, said "Now this monster is behind bars."

MONDAY ON THE BLOG: WEEDED OUT!!!!

The JNC for the 5th DCA sent Governor Crist six names for an appointment as an appellate judge to the 5th DCA. Crist sent the list back, noting that "I have been advised that at least three well qualified African Americans applied for nomination....In the interest of diversity on our courts I am hereby rejecting the list of nominees..."  The title of the post links to Crist's letter. 

The 5th DCA has no black Judges and one woman judge. 

Rumpole says: Diversity is a great ideal. As one commentator noted, a diverse court helps litigants accept unfavorable opinions in difficult cases. However, what if the next Benjamin Cardozo was on the list of white men and women that Crist rejected? Or the next Learned Hand, or the next William Douglas, or even the next Antonin Scalia? 

Our point is that at what point does the goal of diversity conflict with the goal of having the very very best and brightest appointed as Judges? What serves our great state better- a brilliant opinion authored by three great legal minds who are all of one race and sex, or a mediocre opinion issued by a panel consisting of one black judge, one hispanic judge, and one asian female judge? 

This is not to say that female or minority judges cannot issue brilliant opinions.  That issue is too ridiculous to merit  further discussion. Our point is, what if the very best candidates the JNC could come up with have already been sent to the Governor? Now what? 


Karma: 
OJ Simpson, a resident  of South Florida lately, gets sentenced to today in Las Vegas, Nevada. He is facing a minimum of six years and up to life in prison. 

Simpson was acquitted of double murder charges but was later found liable civilly for the death of Ronald Goldman. 

Query: To what extent should the sentencing judge take into account criminal conduct for which a defendant has been acquitted? The US Supreme Court says such factors are permissible for consideration in sentencing. If that is a fair thing to do, then shouldn't the sentence today be nothing less than life in prison? 

See You In Court. 

18 comments:

Anonymous said...

Since when is the judicial system fair? The guilty go free and the innocent rot in jail. It happens way too often. It's a matter of politics and whom you know. The system is so irretrievably broken. We need to rebuild from the ground up. It's the ONLY way to fix it, if it's even possible. There are way too many "connected" to ever be treated fairly--especially in Broweird--typo intentional.

Anonymous said...

Diversity? It is the holy grail of modern day liberalism. Attacking it is the equivalent of attacking Christ at a Sunday morning evangelical service. But I say take diversity seriously. Want to stop the so called diversity movement stone cold? Very simple. Take them at their word. The judiciary is not the most un-diverse institution in our society. Big time professional and college sports are. If we accept the premise that our institutions should reflect the society at large, then it is time for Duke and North Carolina to jump on the band wagon and pack its front court with more average run of the mill white guys. African Americans are more overrepresented in college sports than white men are in the judiciary. So where are the letters to Coach K demanding more diversity? And let's take another sport that could use some diversity. Golf. Sure, Tiger Woods is the best golfer ever but he is also the only black man on tour. So let's pressure the PGA tour to change its rules and allot X % of PGA tour cards to members of identifiable minorities. Sure, the golf will be horrible but hey, at least we can sit around our TV sets on Sunday afternoons and pat ourselves on the back over how diverse the tour has become and how the golfers finally "look like America."

Anonymous said...

"Our point is, what if the very best candidates the JNC could come up with have already been sent to the Governor? Now what?"
You have a point Rumpy, what if? but Gee, maybe that's not what happened, and the governor knows that the list he got is a result of politics, and "friends" repaying favors, more than a list based on true qualification or merit. Gee, does that ever happen? Some of those currently sitting on the bench, and some former judges were not necessarily the best qualified. Nor do they or did they have good character and integrity. I don't claim to know what the governor was thinking, but maybe he knows something others don't and is using the "diversity" angle to get better candidates submitted. If the list he got was so impressive, maybe diversity would not have been an issue for him. Who knows???????

Anonymous said...

From the National Law Journal:

Attorneys who were fired en masse by a newly elected public defender and state attorney in Jacksonville, Fla., are considering legal action. Meanwhile, the incident is igniting controversy and debates about whether employees of these offices should be civil service employees and whether the position of public defender and state attorney should be appointed rather than elected.

Anonymous said...

Well, where was all this concern for getting the best and brighest minds when Virginia schools were closed to Black children in the 60's?? I have lawyer peers my age who were SHUT OUT of elementary education in Prince William County, Virginia in the nineteen SIXTIES (they're right at ripe judge age today...) who nevertheless made it to law school and beyond. The "best & brightest" tag only works when everybody gets to play. Since we didn't start the game that way, we have some making up to do. "Oh, here, the race is halfway over but you can take the weighted pack off your back now and everything's even steven." NOT.

Anonymous said...

As far as the 5th DCA thing,
this country really has changed. We elected a black president. Let the best man or woman win - race is irrelevant. The JNC usually sends up qualified people. The appointment process is far better than having elections. Just got back from Vegas...Vegas baby...and those yahoos elect everybody - I saw ads for circuit and appellate judges.

As far as the O.J. sentencing, one of the things that pisses me off most is "relevant conduct" in federal sentencing. You should not be able to enhance a sentence based on other conduct for which the defendant was acquitted. It ain't right.

Anonymous said...

ridiculous...i guarantee you that benjamin cardozo does not exist in the 5th DCA!! What's wrong with casting a slightly wider net.

Anonymous said...

9:42 - spoken like an obnoxious white guy who wishes everyone in his office were white. moron.

Anonymous said...

OJ needed his dream team again and instead got his nightmare team of Galanter and locals.

Yale,
What will you do now? How will you explain your constant failure to appear for your clients in Miami? Are you going to send notes that say you are busy with the OJ appeal?

Rumpole said...

10:24: 1) two wrongs do not make a right. 2) There are and have been considerations in education for individuals based on their race.

10:03 AM. If the Governor sent the list back because he believed one or two of the people left off were better than those nominated, then I think he made the absolute 100% correct choice. And by the way, I am NOT saying he should not make a choice based on diversity. I am merely pointing to the other side of the diversity argument. As a an attorney in court almost every day I want the best Judge available. And I call tell you that my Black clients who have been treated badly by a black judge do not feel any better merely because the Judge was the same race they are.

Where I do see race as a factor is when I see a black male judge speaking to a young black male defendant. Sometimes, sometimes, I see a level of listening and respect in the defendant that otherwise is not present. And that is a very good thing.

Anonymous said...

"criminal conduct for which a defendant was acquitted," can be used for sentencing. Semantics, I know, but I think that takes the view that the defendant may have committed the prior conduct, just couldn't be found guilty of it, for whatever reason. I think it follows along the lines that a verdict choice is not 'innocent' or 'guilty' but rather the term 'not guilty' is used.

I don't necessarily agree with that in the sense that it stigmatizes someone who is actually innocent. Maybe the jury came back with a not guilty because the Defendant really didn't do it, not just that the state couldn't prove it. (not that I think that's what happened in OJ-1)

Anonymous said...

O.J. got what he deserved. He is a piece of shit. If he had half a brain, he would have counted his blessings after his murder acquittals and laid low, not done anything stupid.

As for the 5th DCA JNC, I believe that the best person should get the job--black, white, Asian, male, female, hermaphrodite, straight, gay, bi, transgendered, etc.--you get my point. That being said, there are plenty of qualified judges of all backgrounds. And there even more judges of all backgrounds who are unqualified and have no business sitting on the bench. The goal should be to appoint fair, knowledgable judges with the appropriate judicial temperment. We also need to note that most courts are heavily composed of white males and this needs to change. While diversity should not be the ulimate goal in and of itself, it should be considered.

As one who also practices in other states, the Florida JNC system is the best, although it was better before Jebbie changed it to make all JNC members gubernatorial appointees. In most other states judges are either elected at all levels--which means you will find true morons as the appellate level--or political appointees of the governor and/or higher ups.

Anonymous said...

I'm wondering if this verdict will make the "News" section on Galanter's website.

Anonymous said...

Since he only barks we should only feed him dog food while in custody.

Anonymous said...

Check out Yale in this video. Punk gettin Punked...
http://www.youtube.com/watch?v=S_UTmgrKNW0&feature=related

Anonymous said...

that animal should be put down without trial.

a liberal

Anonymous said...

9:42 - you are an idiot.

"Take them at their word"

Regarding your college sports analogy. First of all, no one is saying you should ever put
unqualified assholes like Clarence
Thomas on the bench just because
they are black. We just want a level playing field so that we have a chance to get the job. Second of all, college coaches recruit whoever they want to recruit. And there are many
STAR white players in baseball, football, hockey and soccer. The only sport where blacks are over-represented is basketball.

Anonymous said...

Question is, I believe the standard is, that if you're going to use an acquitted crime at sentencing, that the State must show proof by preponderance of the evidence.

While a civil trial was already won on the issue, I don't think the State just gets to "point" to it.

The State must bring testimonial and physical evidence to establish the crime by a preponderance.