Nothing New Under the Sun

There’s a cause for all sorts of human conduct, just exactly as there’s a cause for all the physical actions of the universe. The real cause of crime is poverty, ignorance, hard luck, and generally youth. These almost invariably combine to produce what we call a crime.

(H/T Houston criminal-defense lawyer Robb Fickman.)

6 responses to “Nothing New Under the Sun”

  1. I think greed, hate, and mental problems certainly cause their share as well. Often though, the cause of crime are laws that create criminal behavior. Take the guy sitting on his front porch smoking a joint and relaxing after a hard day at work. The real crime is arresting him…

  2. I’m not at all sure what causes greed, maybe power and control, which would likely fall under the mental problems category. And it’s said that sex crimes have more to do with power and control than lust, so they would fit into that category as well. Among many other things hate can be caused by the actions of others. Hate can drive an individual or an entire nation to do things we can’t really imagine. I speak of the Nazi and African genocide atrocities.

    A favorite movie line of mine is from Midnight Express. Speaking to a trio of Turkish judges who are deciding his fate after an unsuccessful drug smuggling attempt, the young Billy Hayes states ” What is a crime? What is punishment? It seems to vary from time to time, and from place to place. What’s legal today is suddenly illegal tomorrow ’cause some society says it’s so; and what’s illegal yesterday is suddenly legal because everybody’s doing it and you can’t put everybody in jail.”

  3. What continues to be particularly offensive is that many of the county and state judges continue to deny PR bonds to young people who land before them because of poverty, ignorance or hard luck.

    Donald Jr. is arrested and charged with Posession of Marijuana based on an illegal search.
    Donald Jr, who lives in River Oaks, gets out on Bond and gets a top flight lawyer. His lawyer gets discovery and reseaches search. Lawyer points out illegal search to ADA and ADA dismisses case. Donald Jr.. then gets his expunction and his record is clean. Donald Jr. goes on to SMU or wherever, and lives happily ever after sipping drinks at “The Club”.

    Dwayne is arrested and charged with Possession of Marijuana based on an illegal search.
    Dwayne lives in a mobil home, not in River Oaks. He gets a Bond set but his family doesnt have the money to make his Bond. So Dwayne sits in jail. His County Court Judge wont give him a PR bond but his County Court judge will give Dwayne a court appointed lawyer. His court appointed lawyer never interviews Dwayne and doesnt know that its an illegal search. Dwayne’s lawyer tells Dwayne. , if you plead guilty you can get out in 3 days or you can reset your case for trial and if you win you will get out in one month. Dwayne. pleads guilty to get out of Jail. Dwayne gets a conviction and is not eligible for expunction. Dwayne’s conviction makes it hard for him to get a job.
    He struggles. His is a life of poverty, ignorance and hard luck.
    Eventually Dwayne gets a job at a country club as a bus boy. He works hard. After 10 years he makes it as a waiter at the country club. He gets to serve drinks to a creepy rich bastard named Donald.

    If Karma exists, those in power who step on the poor, should come back in another life as the person they stepped on.

    Robb Fickman

  4. Well put, Robb. A few months ago I had a conservation with a former prosecutor over in Montgomery county on the subject of the long sentences that are handed down by the courts there. She reminded me of something we’re all taught in college and that is that crime and the penalties for committing them are cyclical. Right now we’re in the cycle of longer sentences and building more prisons. Many judges in Montgomery county realize the harm they’re doing to our young but their lust for power prevents them from doing what’s right as they fear the voter’s anger will expel them from the bench. What will be interesting is whether Kelly Case will kowtow to Ligon or will stand up to him and do what’s fair and right. I hate to say it but I fear Case will likely become just another assistant district attorney by proxy…

  5. “Nearly all men can stand adversity, but if you want to test a man’s character, give him power.” -Abraham Lincoln

    We have seen many, many lawyers fail this test. The robe seems to effect many like Tolkein’s ring.
    Putting on that robe seems to corrupt many. And unfortunately, too many elected judges worry more about getting re-elected than doing what’s right. Of course not all ejected judges fail the character test.
    I personally think Marc Brown and Cappy Cosper both passed with flying colors. And I think almost all of our Federal judges and Magistrates get it right.

    I believe Kelly Case, unlike so many others, is a man of character. I believe Kelly will daily remember his Oath is to support the Constitution and not the DA’s Agenda.

    In Harris. County,too many of our judges think it’s their place to help the State. They help the State at every turn and pander to the anti-crime mob mentality. This approach pushes us closer daily to a police state.

    Too many Judges are ” wanna be cops”. . As The Real Bob Bennett once told me, based on judges ad campaigns he couldn’t tell if some of the judges were running for judge or Sheriff.

    I am confident in Kelly.

    Robb Fickman

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