The Miami Herald posted the very last article super srcribe (and friend of the blog) David Ovalle wrote for them this past weekend. It was a thoughtful examination of the new bond system Miami Dade is about to employ. The article is here.
In one of his great books (and you should read them all, and we recommend listening to them since he is the narrator and his voice adds to the excellent writing) Malcom Gladwell in Talking to Strangers examines, inter alia, the fact that Judges are no better than anyone else in determining the danger a person seeking bond represents, or whether they are a risk of flight. No surprise there about the lack of perspicacity of those who sit above everyone else in a courtroom, but the bigger question we now face is whether we want to have that decision made by a human with mostly limited insight into the issues, or a computer running software?
We do not mind a computer assisting a pilot landing a plane, or a robot assisted surgery, or even a Tesla on self-drive, but do we want decisions made by software- and how do you as an advocate argue against the decision the software has generated? Just how do you argue against a grouchy jurist, sitting in the REGJB on a Sunday morning with six hundred arrests to plow through, telling you "Counsel the Hal 9000 says your client is a risk of flight."
(almost none of our 30 something robe wearers caught the reference to 2001 a Space Odessey, which we are happy to inform our latte-swilling gen-xer Judges was made in 1968, when your grandparents were in Haight- Ashbury in San Fran making love, not war. And for those of you who did catch the reference, did you know Hal was an acronym for Heuristically Algorithmic Programmed computer?)
While we understand several judges have devoted valuable half hour swaths of their time working with the Arnold Bakers (you have to read our previous post here to get this reference no matter how old or young you are), when they could have otherwise been saving humanity with their brilliance in court, there is something that doesn't sit right with justice via algorithms (JVA (c) 2023 Rumpole, all rights reserved).
BECAUSE...drum roll please- this is the thin edge of a large wedge. Computer assisted decisions on bail and bonds, are one step removed from CADs on motions to suppress (not that it's that hard to write DENIED on orders) which are one step removed from...double drum roll please....CADs on bench trials....which are one step removed from ....triple drum roll please CAD JURY TRIALS. (cue the Tubular Bells music from the Exorcist, which has been remade and is being released this spring).
In other words dear readers, regarding the fast-fading art of legal advocacy, it is all downhill from here.
The Scene: The REGJB ELECTRONIC WAITING ROOM CHAT- circa 2055
Lawyer one- LOOK! It's that old guy who's been around since 2015. He's actually in court.
Lawyer: OMFG ROLFL I heard he is the last lawyer alive who still argued a case to a jury of humans.
Lawyer Three- Gross. They were in court? Breathing on each other?
Lawyer One- Yup - until the Covid/Asian/Bird Flu CABF2029 wiped out 25% of the population. Remember when in 2028 they actually discovered the Microsoft microchip in the covid vaccines in some classified briefing papers found in the garage of President Buttigieg, which then caused everyone in 2029 to not get the CABF2029 vaccine, which caused the pandemic.
There is no more frightening and eerie soundtrack for a scary movie then this:
HAL comes from taking the letter before each letter in IBM H before I , A before B & L before M, therefore HAL
ReplyDeleteA great deal of the criminal court system should be automated, even as it would put many of us out of work.
ReplyDeleteLet's say a Miami Dade resident is pulled over and the officer determines this person has a suspended drivers license. What happens now?
1. Defendant arrested
2. vehicle towed to tow lot
3. Defendant processed at TGK
4. Defendant brought to bond court, where a judge, after hearing from a PD and ASA, sets standard bond
5. Defendant's family engages bail bond agency, posts bond
6. Corrections processes bond, releases defendant
7. Defendant appears weeks later in court, gets assigned PD
8. Defendant, working with PD, accepts some resolution - usually involving returning with valid license
9. Defendant returns to court with valid license for dismissal
The officer should instead hand the driver an iPad, which explains in several languages his rights. "If you press this button, a not guilty plea will be entered and you will have a court date by Zoom on March 2, 2023 at 9AM. Enter a valid address or email to receive notice. If you return with a valid license, this case will be dismissed. If you fail to appear, a warrant for your arrest will be issued."
No lawyers, no jail, no bond, no bullshit. Do you know how many people would opt for this? 99%+?
And those who want to litigate can elect to do so, as well.
This can be taken much further. DUI stop? Click here to accept Back on Track. DV arrest? Click here to accept the BIP program.
The officer can exercise discretion when someone really needs the 24 hours at TGK, but that should be few and far between.
The criminal cases that truly merit the inefficiency of bond - arraignment - representation - sounding - plea / trial are a very small fraction of what clogs up our system.
Oh No!!! Say it isn't so!
ReplyDeleteDoes this mean David is retiring? I want him to do an article on state attorneys' who refuse to dismiss BS cases. There ARE many, many honorable ASA's in this office who do the right thing every day but a some need a good really shake. Beside all the money wasted to house innocent defendants and have the state pay the attorney fees to defend an innocent client, the inhumanity in depriving an innocent person of liberty is mind blowing. How do these ASA's sleep at night?
Who at the Herald will want to take on this issue?
Hey genius read the blog- Rumpole announced in December DO got a job at the Washington Post
ReplyDeleteWe already have sentencing by numbers. Now they want bond by numbers? Why? Because sentencing by numbers is so fair? Unbelievable!
ReplyDeleteSorry Rump, I don’t have a Herald account. Can you post the article itself online?
ReplyDeleteRump, that Exorcist soundtrack always messes me up when I hear it!
ReplyDeleteTo 8:12- get a herald online subscription. Support local news.
ReplyDeleteYES! Sadly I don't think they're going to make it. To our community's great detriment.
Delete1240 lol, and nope.
ReplyDeleteOff topic, but we should amend the Constitution to eliminate the Second Amendment and authorize the federal government to ban firearms. Enough is enough.
ReplyDeleteBest line in that film: “loosen the straps”
ReplyDeleteSaw that Bob Lehner, longtime AUSA in Miami and ADA in Manhattan, passed away last week. He was a consummate professional. One of the truly good guys. Prayers and condolences to his family.
ReplyDeleteI will miss David. He was kind and decent and never made the lawyers look like jerks... unless they had it coming.
ReplyDelete@435 - we did. It's called the 14th amendment. Anyone who reads the 2nd Amendment fairly can't help but to conclude that the right to bear arms is for the maintenance of a well regulated militia (not personal protection) to defend the free states (which no longer exist after the Civil War and the 14th Amendment).
ReplyDeleteOvalle has been fantastic. Hard working, fair and best of all, always an entertaining read. The debate should be wether he is the greatest of the reporters who have covered Miami crime and courts.
ReplyDeleteI would join in with Juan Gonzalez reference his comment on David Ovalle. His reporting was always balanced and fair. In the past there were a number of reporters who made it their business to try and embarrass the judiciary, prosecutors, or anyone involved in the court system. David brought a calming attitude to his stories. Those folks who have been around as long as I have will recall the days when you had to be careful not to get in the sights of some of those reporters. David and his style of reporting will be missed.
ReplyDelete