Ratner: Even Osama Should Have Had Criminal Rights

Michael Ratner would have treated the pursuit of Osama bin Laden as a law enforcement matter, not as a matter of war. He would rather have seen bin Laden arrested, brought to trial, and given the rights of a criminal defendant than shot on the spot by Navy SEALS.

This almost certainly doesn’t put Ratner in the mainstream of American opinion, but it is consistent with what Ratner has advocated as president of the Center for Constitutional Rights, a New York-based non-profit organization, and as an attorney who has played key roles in defending the legal rights of prisoners at the military prison at Guantanamo Bay and in opposing interrogation techniques Ratner considers torture.

Ratner visited Eckstein Hall last week to speak to about 20 people at a lunch session of the American Constitution Society for Law and Policy, Milwaukee Lawyer Chapter.

Ratner realizes where the preponderance of American opinion lies on the killing on May 1 of bin Laden. “No one really cares whether he was lawfully killed or not,” he said. “People wanted him killed.”

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Graduation: A Time for New Beginnings

We have a number of graduations to celebrate in our family this month, and there is a lot of excitement about the future. The buzz surrounding the start of a new and exciting chapter in the graduate’s life causes me to ask: Why don’t we join them and embrace the new and exciting things that could occur in our lives? I’m not talking about the concrete changes that we will see our graduates make — going off to a new school or starting a new job. I’m talking about creating our own changes to pave the way for a better professional future.

It’s not a bad idea to reflect upon our work as lawyers with an eye toward positive change. That change may be in the way we relate to our co-workers. That change may be in a new commitment to volunteer in the legal community. That change may be a commitment to incorporate a greater level of organization into our practice. That change may be a new routine to stay informed about recent developments in the law. That change may be taking time to become a better listener. That change may be setting aside time to appreciate how rewarding and stimulating our work is. It doesn’t really matter what the change is. The important thing is that we take this opportunity to reassess how we, like new graduates, can take affirmative action that will provide us with a new and fulfilling future.

I recently read a great quote from Mark Twain: “Twenty years from now you will be more disappointed by the things you didn’t do than the ones you did.”  This is the type of statement hundreds of graduates will hear over the next few weeks. It’s time for all of us, new graduates and seasoned practitioners, to embrace this time of new beginnings.

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Major New Study on Recidivism Rates Shows Stability Over Time and Variation Among the States

The Pew Center on the States has released a major new empirical study on recidivism rates among released prisoners.  Bottom line: about 40 percent are returned to prison within three years of release.  About half are returned for violations of parole conditions, and half for new convictions.  Return-to-prison rates vary widely among the states, from 22.8 percent in Oregon to 61.2 percent in Minnesota.  Wisconsin’s 46-percent rate is a little above the national average.

The most recent comparable study was released by the United States Department of Justice’s Bureau of Justice Statistics almost a decade ago.  The BJS study tracked three-year recidivism rates of prisoners released in 1994.  The Pew Study followed cohorts in 1999 and 2004.  (The numbers presented above come from the 2004 cohort.)  Although the Pew methodology varied from BJS’s in several respects, both found return-to-prison rates of about 40 percent, suggesting a remarkable consistency in recidivism rates over time.

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