Following rapper Young Thug's RICO trial, where his music label/group YSL is being accused as being a cover for gang activity much has come about from this trial. Whether it be putting hip hop on trial, using rappers' lyrics as evidence and the appropriateness of it (Opposing party statements vs. propensity evidence? Are they themselves admitting to it or describing what others did or making it up to market the consumer product of hip hop?) and in the latest proceedings, shouting matches over evidence.
I was stunned to see the latest blowup on Law and Crime Network. Young Thug's defense attorney accused the prosecution of destroying an exculpatory interview of a witness. No doubt a serious accusation, the only problem was that the defense attorney did not have any objective proof of this and insisted on being able to ask the questions to the witness based off it and the Judge would not allow it. Both the prosecution, defense, and the Judge could be seen in this hearing literally screaming at each other over the issue.
The incident made me think about civility in the Courtroom and the practice of law. Law schools now place a bigger emphasis on the need to respect and be civil with one another, but this blowup is the latest example of how it remains elusive in the practice of law. I truly think it was a manner of discretion of the judge, other judges very well could and would have ruled the attorneys in contempt because this is not the first time they have been combative and drifting into disrespect for the Court and its rulings.
I only think that this open disdain the parties have for each other in this case only makes it more difficult to get favorable results for your clients. The Judge isn't a good person to antagonize, its important to be an advocate and represent clients zealously, but when it gets to the point where it becomes counterproductive your not being an effective advocate.
No matter the result of Young Thug's trial, its unfortunate the public is being exposed to these kinds of blowups because it distorts their perception of the justice system as inherently uncivil, and at the end of the day it undermines the public's respect for and legitimacy of the legal system.
John, in my 43 years of practice I've seen civility decline to levels I did not think possible. It is not just law. Civility in general has declined. Our society has coarsened and become less pleasant. Social media didn't exist for much of my career, but you can see in social media the decline of societal civility. I am not going to be one of those "get off my lawn" old men who complains about social media. It isn't all bad, except maybe it is all bad for children and teens. If properly used (and regulated), it could be a net positive. That it is a net negative is more a reflection of society generally than social media specifically.
ReplyDeleteI am fortunate that as an appellate lawyer, my opposing counsel tend to be very civil. There are only about a half dozen lawyers who handle family law appeals in Michigan as the primary practice area. We all know and like one another. That makes practicing law as pleasant as an inherently conflictual career can be.
I agree with your point that it's unfortunate that the public is exposed to that kind of behavior on display in the courtroom. I haven't read much about the trial, but your post made me wonder if the judge was using all the tools at their disposal, such as sanctions.
ReplyDeleteI know the defense attorney for Young Thug claimed that his name stands for 'Truly Humble Under God'. The trial seems very interesting.
I totally agree with you that these kinds of showings probably distort the way the public sees the court system. Although these are hopefully the rare occurences, it seems to be what people will remember the most.
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