A blog by Miami Criminal Defense Lawyer Brian Tannebaum. Commenting on criminal law issues of local and national interest.

Friday, August 24, 2007

The Failures Of Our System

Prosecutors, defense lawyers, judges, and those involved in the criminal justice system, all have different thoughts on what I refer to as "the failures of our system." But more and more I find agreement.

I believe the failures are:

1. That we are a victim of the notion that we are all unsafe (This isn't my quote, I heard it from a doctor sitting on a panel discussing the state of our system. It is truth at its finest), causing;

2. Our system to be based on a media driven perception of "what the public wants" by congress and legislatures, many of whose members have never set foot in a criminal courtroom, causing;

3. Lawmakers inability to separate those who should not be labeled, and creating;

4. A lack of discretion previously held by judges and prosecutors, causing;

5. A lack of desire to exercise what little discretion is left due to the fear of the media, bloggers, and the general public, causing;

6. A lack of desire to resolve disputes and cases outside the criminal justice system, resulting in more people incarcerated, which creates;

7. A complete lack of concern or attention regarding jail and prison conditions, and too much concern and attention to the perception that;

8. Our system is or should be just like the show "Law & Order," which helps add to;

9. A continued narrowing of the presumption of innocence, to the point where it only applies to the actual jurors sitting on a case, and that;

10. Criminal Defense Lawyers are the root of the problem.



Brian Tannebaum is a criminal defense attorney in Miami, Florida practicing in state and federal court. To learn more about Brian and his firm, Tannebaum Weiss, please visit www.tannebaumweiss.com