Tag Archives: legal scholar

Fixing our Republic

This is a wonderful TED talk.

From TED:

There is a corruption at the heart of American politics, caused by the dependence of Congressional candidates on funding from the tiniest percentage of citizens. That’s the argument at the core of this blistering talk by legal scholar Lawrence Lessig. With rapid-fire visuals, he shows how the funding process weakens the Republic in the most fundamental way, and issues a rallying bipartisan cry that will resonate with many in the U.S. and beyond.

Lawrence Lessig has already transformed intellectual-property law with his Creative Commons innovation. Now he’s focused on an even bigger problem: The US’ broken political system.

Let’s look at the death penalty again

I have been bothered by the death of Troy Davis. What the hell? There was an opportunity for those who love life… I keep thinking about this case. Why did this guy “have to” die? Where was the governor of Georgia? Could Mr. Davis been pardoned? Where was the president? No one could have saved this man?

From NYT Editorial:

As the unconscionable execution of Troy Davis in Georgia last week underscores, the court has failed because it is impossible to succeed at this task. The death penalty is grotesque and immoral and should be repealed.

The court’s 1976 framework for administering the death penalty, balancing aggravating factors like the cruelty of the crime against mitigating ones like the defendant’s lack of a prior criminal record, came from the American Law Institute, the nonpartisan group of judges, lawyers and law professors. In 2009, after a review of decades of executions, the group concluded that the system could not be fixed and abandoned trying.

Sentencing people to death without taking account of aggravating and mitigating circumstances leads to arbitrary results. Yet, the review found, so does considering such circumstances because it requires jurors to weigh competing factors and makes sentencing vulnerable to their biases.

Those biases are driven by race, class and politics, which influence all aspects of American life. As a result, they have made discrimination and arbitrariness the hallmarks of the death penalty in this country.

For example, two-thirds of all those sentenced to death since 1976 have been in five Southern states where “vigilante values” persist, according to the legal scholar Franklin Zimring. Racism continues to infect the system, as study after study has found in the past three decades.