Huntingdon College: Political Science Program: Lewis Courses index
Liberal Arts Symposium 102 on Justice:
Lewis Section, spring 2004, lecture, District Attorney
Ellen Brooks, "Justice under the Constitution,"
28 April 2004, notes by Jeremy Lewis .

Definition of Justice changes over time and not always predictable.

• Case: Vietnamese murdered his own children angry at wife leaving him.
• 1986 case reset for trial next month because imperfect, appealed via state and fed, then indirect appeal via rule 32 and fed appellate ct ordered retrial when old prosecutor did not testify.

• 21 Fed reps returned to congress after bouncing checks scandal.
• Sup Ct nominee had failed to pay dues on illegal nanny.
• Ex playboy bunny sued lawyer for seduction.
• Al Gov. used public plane to preach.
• Fed Pres. lied under oath.
• NYS highest judge resigned for blackmailing former mistress.

• Unethical when public official in a position to make decisions that affect own interests.
• One official convicted of ethics violations for no interest loans & forgiveness.
• Also Guy Hunt convicted.
• One left running Co but as regulator, on phone constantly to daughter who was officially running his business.
• Appeal reversed on grounds of lack of evidence -- despite convincing judge and jury which included an appellate judge.

• Criminal mistakes to do it with another, and to repeat -- and don't leave.  Without those 3, they wouldn't get caught.
• Under Chuck e Cheese law, perverted to video games allowed across state of AL  Shut them down in central  AL.  Difficult because reelection money comes from interested lawyers and business interests.
• DA was sued herself several times over abortion laws, obscenity laws.
• Once some preachers entered Trinity presby church and disrupted service -- difficult to get conviction, OK based on right of all to worship.

• No, have duty to uphold law -- but will prosecute under law even when personally opposed to law.    If cannot prosecute under law, should resign -- duty to uphold death penalty law even.
• Case where defense counsel drunk -- should point out to ensure his client gets fair representation.

• -- one may say cut deal plea bargain.
• Again running unopposed so can afford to be independent of donors.

• Now have drug ct and mental health court developed.
• Sometimes feel we are getting soft on crime but also need to deal with individuals well.

• Sinful but OK under AL law -- need to check these usurious rates.
• About 12-18 yrs ago, cheap judicial elections ended and costs rose.  Raised $1/4 M first race.
• Nonpartisan elections for judges & prosecutors would help.
• Eventually will find balance on tort reform and money from lawyers will be less important.
• Some moves to have retention elections only -- but I'm in 6 yr. terms which reduce the pressure.

• -- unlike Bill of rights which is based on defendant -- in times when they were not properly protected.
• Now well protected, if imperfectly, but victims not given a fair shake.
• Prosecutors used to strike jurors from 36 down to actual number, defendant got 2 strikes per 1 prosecutor's strike.  Now 1:1, changed law.
• Victims used to have to leave courtroom, could not confront -- unlike defendant.  Victim usually gets nothing out of criminal conviction -- now victim has same right to be in courtroom.
• Victims Rights now codified as statute, nothing bad happened and system is more balanced.
• Now Bill at fed level for vic rights, but should be const'l amendment.

• are growing problem, a mess of jurisdictions amid greater mobility.
• Arresting jurisdiction has first chance to prosecute.
• Once under federal arrest, fed prosecution considered but state laws more effective in sniper case.
• Feds released to VA, where  old colleagues were in office.
• But failed to get death verdict on younger one, and more expensive than planned.
• AL can do simple case, good evidence, could have prosecuted here cheaper.
• We were ready and assisted with deputy and with witnesses.