Making of a Murderer- A Good Documentary About An Ugly Problem

Posted on by metroupe

making-a-murderer-1200x713

This week my wife and I watched the Netflix documentary “Making of a Murderer.”  In telling you this, I feel a little like I am at an AA meeting.  Yes we binge-watched all 10 episodes in 2 days.  That is a long documentary. But I was thoroughly engrossed in the story in spite of a several slow moments.  The account was so engaging, and even outrageous, that I experienced some of those rare and precious moments of self-forgetfulness. Those moments when a story is so gripping that you are carried to a place where you forget that you are tired, hungry, or even broke.

In short, the documentary is the story of how Steven Avery was sent to prison for 18 years for a rape he didn’t commit. This conviction happened in the face of ample evidence that the real bad guy was still out on the street. Eventually Avery was released after DNA evidence revealed the real criminal.  The story highlights the antagonism between the small town sheriff’s department and the Avery family. I think “bad blood” is the proper term for all this.

Sadly, several years later during a law suit against the sheriff’s department Avery is investigated and convicted of a heinous murder. I will avoid ruining the show with spoilers. But suffice it to say the story exposes MAJOR problems with the justice system, which is on display in large screen, full color, HD, stereo surround, screw-up mode.

I would recommend watching it (not for kids as it has some graphic language and content- it involves trials for murder and rape). It felt like a crime novel unfolding in real life.  The documentary footage seemed to come from live footage of the events that were recorded for some kind of court TV special.

Here are a two thoughts.

First, Our justice system has major problems. I think it is still one of the best in the world at offering protections for the innocent. But we have big problems to solve.  The fact that once someone has entered the criminal justice system they become a target for future law enforcement harassment is disturbing and in the long run counter productive. I realize that there are many career criminals, and that law enforcement efforts will need to investigate and prosecute repeat offenders. I have no problem with that. I do have a problem with a system that goes too far in this respect. And honestly I don’t know the answer. I just have a deep gut feeling that the machine needs an overhaul. I hope that some brilliant and informed minds will address this problem. We also do not have enough qualified defense attorneys.  I also don’t like the fact that prosecution decisions are made with elections in mind. The plea bargain system very often has little to do with guilt or innocence, but with an accused person making a decision to plead because they cannot mount a good legal defense. I have mentioned this elsewhere.

Second, I realized (once more) how much I HATE the way the news media exploits people and tragedy for ratings.  There is such an utter disregard for personal space, polite attempts to avoid the spotlight, and basic manners. The truth is treated with outright contempt. The intersection of our culture and the criminal justice system seems to be this huge dysfunctional mess where people in power manipulate the lurid desires of media consumers through the willing help of journalists without a passing regard for what is true or ultimately helpful. The film shows that this cancer has more than a passing impact on viewers, it has the potential to corrupt the court system and destroy the lives of innocent people. In effect, the media becomes a court room from hell. It becomes a nightmare where there are no rules, no protections, and no court of appeal. And this goes into full effect when anyone experiences a tragedy that can be turned into grist for the ratings mill.

Update 1/6/15

I should add that I am aware that this documentary only provides one side of the story. Some reports are coming out presenting additional info. I have left out my thoughts on this to avoid spoilers. But I do understand there another side to this, and still think this reveals problems in the criminal justice system. 

Prisoners To Our Own Appetites. Now THAT Is A Story

Posted on by metroupe

Jail cell

This is an amazing account from Mark Buchanan. It is a strange story that illustrates how we are often prisoners to our own appetites.

“Thomas Costain, in his book The Three Edwards, relates a historical episode from the fourteenth century. Two brothers, Raynald and Edward, fought bitterly. Edward mounted war against Raynald, captured him alive, and imprisoned him in Nieuwkerk Castle.

“But it was no ordinary prison cell. The room was reasonably comfortable. And there was no lock on the door—not a bolt, not a padlock, not a crossbeam. Raynald was free to come or go at will. In fact, it was better than that: Edward promised Raynald full restoration of all rights and titles on a single condition: that he walk out of that room.

“Only Raynald couldn’t. The door was slightly narrower than a typical door. And Raynald was enormously fat. He was swaddled in it. He could not, with all his squeezing and heaving, get himself outside his cell. He might more easily have passed a camel through a needle.

“So in order to walk free and reclaim all he’d lost, he had only to do one thing: lose weight. That would have come easily to most prisoners, with their rations of bread and water.

“It did not come easy to Raynald. Edward had disguised a great cruelty as an act of generosity. Every day, Edward had Raynald served with the richest, sauciest foods, savory and sweet, and ample ale and wine to boot. Raynald ate and ate and grew larger and larger. He spent ten years trapped in an unlocked cell, freed only after Edward’s death. His health was so ruined, he died soon himself.”

Buchanan’s book “The Rest Of God” is delightful and full of great content and excellent writing. It explores something that is oddly missing from many discussions of the Sabbath, the issue of rest.

Buchanan, Mark (2007-03-11). The Rest of God: Restoring Your Soul by Restoring Sabbath (pp. 165-166). Thomas Nelson. Kindle Edition.

An Overlooked Area Of Criminal Justice Reform.

Posted on by metroupe

Colin Miller has an interesting and brief article about wrongful convictions. He writes:

“Two key statistics: 95% of disposed American criminal cases are resolved by guilty pleas, often as a result of plea bargains. And 80% of people arrested in this country are represented by public defenders. These statistics are not unrelated. Public defenders are underfunded and overworked, and often refuse to take new cases.”

This brings up an important issue in reforming our very broken justice system. Why do we allow the lawyers that defend most of the accused in America to be low paid and inexperienced public defenders? Why isn’t there a national credential required for public defenders? I am told anyone that passes the Bar exam can become a defense attorney and defend the accused unless it is a capital case. I wonder if we would accept that for our surgeons? Why don’t we spend more money so that there are an adequate number of attorneys so that the accused can be adequately represented? Wouldn’t it be both more just and cheaper to do this than to incarcerate so many innocent people?

‘Serial’: How common are wrongful convictions in the U.S.?.

The Mixed Story of Racism: A Black Judge’s Sentencing Speech to 3 White Murderers

Posted on by metroupe
U.S. District Judge Carlton W. Reeves, for the Southern District of Mississippi. Courtesy of cleoinc.org

 

A Black Mississippi Judge’s Breathtaking Speech To 3 White Murderers : Code Switch : NPR.

Wow.

This is worth your time to read. 3 white men in Mississippi were sentenced for the brutal and racially motivated killing of 48 year old James Anderson.  These men were involved in an escalating pattern of violence that echoes the “ni&&er hunts” that have punctuated this state’s past.  Beware the article does use the “N” word a number of times in reflecting on the evils of racism and the troubled history of that state.

“In Without Sanctuary, historian Leon Litwack writes that between 1882 and 1968 an estimated 4,742 blacks met their deaths at the hands of lynch mobs”

According to the judge, these acts were committed by young men who were described by others, ‘as “a fine young man,” “a caring person,” “a well mannered man” who is truly remorseful and wants to move on with his life … a very respectful … a good man … a good person … a lovable, kindhearted teddy bear who stands in front of bullies…’  The men were incriminated by video evidence and their own guilty pleas.

The events themselves reveal that there is more need for progress.  The end of the speech shows that change has been on the march and this is encouraging.  There is a satisfying irony in this, that only enhances the justice of the proceedings.

“Today, though, the criminal justice system (state and federal) has proceeded methodically, patiently and deliberately seeking justice. Today we learned the identities of the persons unknown … they stand here publicly today. The sadness of this day also has an element of irony to it: Each defendant was escorted into court by agents of an African-American United States Marshal, having been prosecuted by a team of lawyers which includes an African-American AUSA from an office headed by an African-American U.S. attorney — all under the direction of an African-American attorney general, for sentencing before a judge who is African-American, whose final act will be to turn over the care and custody of these individuals to the BOP [Federal Bureau of Prisons] — an agency headed by an African-American.

“Today we take another step away from Mississippi’s tortured past … we move farther away from the abyss.”