CONCLUDING, CONCLUSION AND CONCLUSIONS…
1700 by Jeff HessBack on 15 November I listened to and then blogged about the final episode of the third Season of the podcast Serial. At the time I did my best to transcribe a bit of the final moments. In the interim, the official transcript has been posted and I’ve quoted those final moments before.
Another sentencing for a triple murder in a barbershop. It’s a capital case. The courtroom’s crammed. Relatives of the victims and of the defendant fill the gallery. The media is set up in the jury box with their cameras and microphones.
A man named Alvin Wright comes forward. He was a victim in the case. He’d been cutting someone’s hair when shooting exploded the shop. He saw people he knew get killed. Alvin Wright had testified for the prosecution at trial. And now, just before the judge issues her final decision whether she’s going to sentence the defendant, who is twenty-one, to death, Alvin Wright addresses the court.
Alvin Wright: The whole situation is fucked up.
Judge: It’s a court of law. I mean, use different words.
Alvin Wright: I mean, this is what I’m dealing with, though.
Sarah Koenig: The judge tells him it’s a court of law. There’s different words. Go ahead.
Alvin Wright: I mean, the situation is messed up. It’s a messed up situation, man. Do I agree with putting him down like a dog? No. That’s just me. Can’t nobody win. You putting him down, we don’t get nobody back. Nothing.
It’s just like we just keep losing. Just black people, period. We just keep losing. You’ve got all these white people right here, they’re looking at us like we’re in the zoo. And this is real shit. Like we’re in a zoo.
Judge: Mr. Wright, I don’t—
Alvin Wright: No, no. I’m just looking at the big picture of it, like look at this, and look at this. That’s life. We’ve got to do better than that.
Judge: Mr. Wright, thank you.
Sarah Koenig: The best kept secret in the Justice Center is in the lobby. It’s tucked between two pillars near the elevators. Looks like a wheel you might see at a raffle or a bingo game, but it functions as a suggestion box. You can send kites to the staff. The administrative judge will get them—he’s got the key.
After hanging around this building for a year, I have many suggestions, just off the top of my head. I’d say, go minimalist. Don’t pile six charges onto a single crime when one charge will do. Don’t overcharge to force a guilty plea. Don’t lock anyone up, unless they’re demonstrably violent. Admit that police officers lie under oath. Get out of the punishment business and turn toward the urgent problem of fairness.
Keep obsessive track of who exactly is being charged with what crime, how their sentence shakes out, and what their life looks like in three years or five years. Take note of the color of their skin and how much money they make. And don’t shove what you learn in a drawer and forget about it. Don’t be insensibly tempted, as Charles Dickens wrote, into a loose way of letting bad things alone to take their own bad course.
Cops, prosecutors, judges, lawyers—call out the colleagues who degrade your profession. Pay assigned attorneys and public defenders at least twice as much as you’re paying them now. Judges, stop choosing assigned attorneys. Citizens, mix up the bench. Stop electing judges countywide. And overall, slowdown. Doubt yourselves.
And I know how corny this sounds, but imagine that every person in the elevator car is part of your own family and reflect on the far reaching pain of prosecution. Also don’t tape anyone’s mouth shut in court—that happened. And consider getting rid of the grand jury.
I could cram that wheel to bursting. But if I’m only allowed one suggestion, I’d say, let’s all accept that something’s gone wrong. Let’s make that our premise.
Many times during our reporting in Cleveland when I’d ask about problems or reforms, someone would throw out, well, let’s remember, we have the best system in the world. County prosecutor Michael O’Malley said it to me—I just think people need to realize we have the best criminal justice system in the world. The people who operate that system know about the warts, and they concede we can always improve. But generally, they’re not chomping for an overhaul, the kind of extreme makeover that the data is screaming at us to undertake.
We’ve all heard the stats—that we here in the United States imprison a vastly higher percentage of our population than any other country in the world. We are number one. The numbers are well-documented, wildly out of whack, and unprecedented in our history.
Also well-documented—inequity. Every joint in the skeleton of our criminal justice system is greased by racial discrimination. Compared to white people who’ve committed the same crime and who have similar criminal histories, black people and other people of color are arrested more often. They’re charged more harshly, given higher bails, offered worse plea deals. They’re handed longer prison sentences, and their probation is more often revoked.
These numbers aren’t floating above us in the sky. They’re alive all over the country. We looked at studies from New York City, and Alabama, and Wisconsin, and Iowa’s sixth district, and Hampton Roads, Virginia, and Harris County, Texas. It’s everywhere, in all our courthouses.
Reporters often hear that we only report the bad stories. We exaggerate and sensationalize, especially when it comes to law enforcement or wonky prosecutions. But we didn’t go to Cleveland and sift through hundreds of cases looking for the most egregious injustices we could find. We didn’t have to. The ordinary ones told us everything we needed to know.
In my original post I wrote of Koenig’s ending:
Koenig wraps her part of the season talking about the suggestion box in the lobby of the court house. She has many suggestions. All of them will be ignored, 30 days from now? No one in Cleveland will remember what she said.
I stand by that conclusion and that causes me pain.























