Tag: prisons

Categories
crime and punishment general freedom

ATF’s 115-​Year Mistake

mistaken identity, prison, guns

“Oops. Sorry about almost sending you away for 115 years. Case of mistaken identity and dishonest testimony.”

But Bryan Montiea Wilson did not get even a “sorry” from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) or local law enforcement.

Wilson, who works for a railroad equipment manufacturer, had never been arrested when ATF agents nabbed him in December 2023. Accused of gun and drug sales to local police officers said to be working with the ATF, Wilson could only repeatedly assert his innocence.

His looming punishment included up to 115 years in prison and millions in fines. Then, suddenly, he was released.

How did Wilson wind up being falsely accused? The Truth About Guns site reports that prosecutors realized their blunder after his court-​appointed lawyer investigated. But an uninformative request to dismiss the case is all ATF offered.

“Further review … reveals that the interests of justice would best be served by a dismissal of the pending charges as opposed to further prosecution.… The Government respectfully requests that the Court dismiss the pending charges against defendant Bryan Montiea Wilson.”

I guess we can thank the prosecutors for mentioning “justice.” But there should at least be an accounting in such cases; and this accounting, plus further consequences, should be mandatory.

“Something got messed up and they landed on me,” Wilson says. “I don’t know how this happened, but it can’t happen again. It shouldn’t happen again.”

Wilson has filed a federal civil rights lawsuit.

This is Common Sense. I’m Paul Jacob.

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meme

You had one job America…

war, drug war, prisons, cronyism, police, surveillance, meme, policitcs
Categories
Accountability crime and punishment general freedom national politics & policies U.S. Constitution

Mr. Most Merciless

Obama, clemency, pardon, mercy, crime, Common Sense, illustration

Usually, when contemplating the Office of the President of the United States, our cause for complaint is excess of power. Our country was founded on opposition to such centralized power — initially directed against King George III — and the Constitution written, in part, to allow a strong federal government without feeding the beast of Tyranny.

Yet, today, I’m not bemoaning unchecked presidential power. Instead, the opposite: an important presidential power that Mr. Obama lets lie unused.

What is that power?

The executive’s power to pardon, defined in Article II, Section 2 of the U.S. Constitution.

Yesterday, George Lardner Jr., a scholar with the Investigative Reporting Workshop at American University, and Political Science Professor P. S. Ruckman Jr., the editor of the Pardon Power Blog, reported in an op-​ed for The Washington Post, that “Obama has a clemency record comparable to the least merciful presidents in history. He has granted just 70 pardons, the lowest mark for any full-​term president since John Adams, and 187 commutations of sentence.”

“Obama’s record is all the more deplorable because of assurances that he has made,” argue Lardner and Ruckman, noting that the Department of Justice’s Clemency Project 2014 — designed to provide relief to non-​violent drug offenders and announced “to great fanfare” — has “become a bureaucratic disaster.”

With all the injustice found even in the best justice systems, I cannot understand how a compassionate person could ignore this power. Or use it, as President Bill Clinton did, to provide last-​minute pardons for cronies and high-​rolling campaign contributors.

Have mercy.

This is Common Sense. I’m Paul Jacob.

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Obama, clemency, pardon, mercy, crime, Common Sense, illustration

 

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Categories
judiciary

Beardless in Arkansas

The United States Supreme Court has accepted a legal petition presented in an unusual manner: in handwritten form, without the benefit of any lawyer.

The case comes from a convict in the Arkansas State prison system, one Gregory Holt, “aka Abdul Malik Muhammad,” who wants to wear a beard while incarcerated, in accordance with his religion. The prison rules prohibit beards on hygiene and security grounds. Muhammad’s case is interesting. Questions include (and I quote)

  • Whether the Arkansas Department of Corrections’ no beard grooming policy violates the Religious Land Use and Institutionalized Persons Act 
  • Whether a 1/​2 inch beard would satisfy the security goals sought by the policy.
  • Whether the no beard grooming policy violates Petitioner’s First Amendment right to practice Islam as he believes it 

How will the Supreme Court rule? On the face of it (no beard pun intended), prisoners’ appeals for court intervention in how they are incarcerated, on the basis of their rights, may seem odd to some. After all, the whole point of imprisonment is to deny the most basic right to liberty, because, presumably, a criminal has denied someone else’s rights.

But in our society, even those guilty of serious crimes and having lost much of their freedom retain certain rights. This stems mostly from our fear of what becomes of us — not the criminals — should we stop respecting every person’s humanity.

It’s also heartening to see a petition rise to the highest court in the land from the very lowest perch without aid of a lawyer … or even a computer or typewriter.

This is Common Sense. I’m Paul Jacob.