Wednesday, September 22, 2004

A thought to ponder

Just as a moral introspection, what does it say about me that if I were to be the defense attorney for the Unabomber looking at a state capital trial, I would choose to send him to Florida. Not because I would stand the best chance of getting an acquittal, but because I've in effect thrown in the towel preemptively (hey, who knew that the Bush doctrine of preemption applied so easily to so many things) on Kaszinski's guilt, and Florida's capital sentencing system presents a rather clearly unconstitutional (via Blakely) process by which the court makes determinations of fact pursuant to sentencing mitigation or aggrevation factors. That Florida system, then, presents ample opportunity for the case to bogged down (or tied up, depending on your directional preference) for years to come.
It would seem to me that Blakely's decision regarding Washington state's sentencing guidelines would be even more appropriate given that the issue in Blakely was not a capital case, while the issue at hand would specifically be Florida's capital system. Therefore, a capital case like Florida's would be that much more unconstitutional given the infinately higher stakes than Washington's non-capital guidelines considered in Blakely.

The bigger issue on a personal level, however, is whether I should feel conflicted about the fact that my first gut reaction to the decision between Texas or Florida for a state Unabomber trial was to go Florida all the way because of the likely results on the back end of a conviction, not because of the likelihood of an acquittal. Would my thinking be different if this weren't the Montana Wacko? If this were Terry Nichols in HIS state trial for the OK City bombing? If this were some random, anonymous person being digested through the legal system, about which I don't know (or think I know) like I do with Kaszinski or Nicholls? Should it matter, and what does such a mindset indicate? Hmmmm....

Take THAT, LawDork-I can be law boy too! Well, not really, who am I trying to kid. I'm just the geeky kid with broken glasses and velcro shoes who has to stand and watch all the other cool kids play ________ (insert seasonal sport here) at recess. Every so often the ball might roll out of bounds and that kids can throw it in the direction of the goal/hoop/endzone, etc. but then it's back to the sidelines (in this case, my political "discourse" as it where...) But then again, "discourse" would inferr some sort of readership, which is most likely sorely lacking. Oh well, you'll have that.

HCBP

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