The day my student was expelled
Varun Gulati
23940

This is a well written and affecting story.

The Trial section of the piece is more revealing (about the court system in Louisiana) than may be immediately apparent to the casual reader.

To wit: the author mentions contact with “ a representative from a non-profit student advocacy group working on Marcus’ case”…Note that he does not mention a Public Defender here, which, if the court system were functioning normally, should have been present. The tragic fact is that right now, the State of Louisiana is experiencing a Public Defense crisis; The City of New Orleans, for example, has recently cut the PD budget by a third — which is insufficient to fund an adequate Public Defense system (and address the needs of the largely poor and minority persons that enter the system). The problem is state wide and so dire that hundreds of thousands of cases (persons who are frequently held in jails) throughout the state are without adequate (or any) defense counsel; in many parishes, the total number of PD attorneys has been slashed by more than two thirds. A state judge* has recently ruled that if there are no defense attorneys for these cases, then the defendant must be let go/set free (this ruling has been “stayed” until such time that the impact of it can be judicially evaluated, meaning that these people, if in jail at the time, stay in jail).

Prosecutions have declined in parallel.This has outraged the various local Prosecutors (who always manage to have enough funding) who alternately blame or accuse the defense agencies/offices of some larger conspiracy to undermine the system (as it currently exists).

Currently, Louisiana incarcerates more persons per year than any other state in the union.

Defense counsel is guaranteed by our Constitution. Such counsel can frequently mean lesser sentences and/or diversions to alternative (to prison) programs (drug court, community service, etc.). In many states, the appointment of defense counsel also comes with the assignment of a social worker who can address the other needs of the defendant (such as family and health issues) which may be impacting on the defendant’s behavior or status in the system.

It is fortunate that Marcus (in the story) had some type of “representation” but I can only wonder how many others (perhaps those who have dropped out or are too old) do not have any (especially representation that can matter in those cases involving more serious charges)…and so, are far more likely to become mired in a system that wants to imprison them far more than it wishes to “’restore” them or set them on a better path in life.

*’No Lawyers? No Jail. Judge Demands Constitution Be Respected in Louisiana Public Defender Catastrophe’ by Bill Quigley (Truthout.org, Monday, 11 April 2016)