literally everything people say about public defenders on the internet is so wrong and frustrating even when they’re trying to be sympathetic to us. and I certainly said some of that same kind of shit before I did this job. I didn’t get it yet. I get it now. the only people who really do get it are the people who’ve done it and the people who are in or also working with the communities we serve. representing a factually guilty person is the absolute least of any public defender’s fucking problems at any given time and the last thing I would ever lose sleep over lol
what a lot of people in the notes on the post that inspired this train of thought seem to imagine public defenders struggling with and getting upset about: finding out a client committed the crime they're accused of and having to grapple with the morality of defending a person who Did Harm To Others and what that means for the attorney as an individual immortal soul or whatever the fuck
Things that I have actually struggled to deal with in my 2 years as a public defender so far (non-exhaustive list):
Having to put the criminal records and self-esteem and livelihoods of clients I believed were factually innocent, people I'd developed relationships with and knew how much they had to lose if something went wrong, in the hands of a group of strangers who I'd had no more than 20 minutes to question about their knowledge and beliefs and biases.
Worrying those strangers would favor the young, handsome white male prosecutors' arguments over my innocent clients who've had rough lives and it shows on their faces, because of whose voice sounds "authoritative" and who "looks like a criminal".
Never feeling like I had enough time to prepare a case for trial because I also had over 100 other cases pending at the same time.
Put simply, it is harder to represent a factually innocent person than a factually guilty person. I think basically all defense attorneys agree on this. It's more emotionally taxing because of the stakes. There are always material stakes for all of our clients, but for a factually innocent person there are also moral stakes.
Representing people who are technically guilty of the crimes they are charged with, but no one was actually harmed, and maybe the law itself is unfair, and also my client was certainly racially profiled and overcharged. And having to put that in the hands of a jury, because my client wants to maintain whatever dignity they can to the bitter end.
Not being able to just say to the jury, I don't give a fuck whether my client is technically guilty. He's a poor Black man, so he was guilty in the eyes of the American legal system before he was ever arrested. He gets that. I get that. Do you get that? Who gives a shit whether he's factually guilty of a technicality DUI that happened 2 or 3 years ago? What the fuck are we doing? Are we all just here to give another black father a criminal record? Fuck you all.
Representing multiple very young men charged with DV assaults who grew up with fathers who abused their mothers, or parents who abused them, in and out of foster care, multiple generations of cycles of violence and substance abuse passed down from parent to child. It doesn't excuse it. Of course it doesn't. They have done harm to their own partners and they know this isn't the example they want to set for their own kids. But they're human - the idea that abusers are somehow inhuman just sets you up to fail to recognize abuse when someone you love is the person doing it - and what the fuck other ways of dealing with difficult situations and relating to other people were these guys ever supposed to learn? They didn't have the opportunity to learn anything else. They never had a fucking chance.
And if they don't have a lot of history yet, maybe there's still time to turn it around. One of them talked to me about how badly he wanted to break the cycle and not have his kids grow up to be like that. I hope he can do it. I don't know if he will. That's what haunts me about that situation. Not the fact that I had to represent his interests in court. That's just my job.
Family after family after family who call 911 for help for a loved one in a mental health or substance-related crisis. And then the cops show up and throw their loved one in crisis in jail sometimes over the weekend because if you lash out at someone you live with for literally any reason that counts as domestic violence which means the cops legally have to arrest someone. And 24-72 hours later the family is in court upset telling the judge if they knew this would happen they never would have called 911. Cannot stress enough this happens like weekly in misdemeanor court.
A prosecutor submitting victim impact statements for the sentencing of a colleague's client who absolutely had killed their partner, and it was awful - but the victim impact statements were provided by the victim's family, many of whom she was estranged from, and many of them misgendered and deadnamed their dead "loved one". And the prosecutor just threw them all into the public record unredacted. Because of pressure to "listen to victims", in this case coming from the transphobic family.
A 16-year-old getting held in juvenile detention on unproven charges an 18-year-old would get released from adult jail on, because while the 18-year-old is presumed to have the autonomy to find another place to stay, if the charge is related to someone who lives in the 16-year-old's parents' house - or their parents straight-up just don't want them going home - well, then, they can't go home, which means they have nowhere to go. so let's keep them in jail.
On the flip side, having 18-year-olds get released to homelessness because their well-intentioned parents called the cops for whatever reason (see above) and now the court is imposing a no-contact order with someone who lives at their house.
A kid who got pulled over and charged with DUI/physical control of a motor vehicle while under the influence on her 18th birthday. She was a senior in high school. She had never been in trouble before. She had no criminal record. The law doesn't require someone to be booked and held in jail for a first-time DUI charge with no history, so the jail's policy is that they usually don't do that. If it was just the DUI she would have been cited and released. But the cop also cited her for 2 counts of minor in possession. So, because she had non-DUI charges, I guess, they booked and held her in jail. If it had been just one day earlier she would have been in juvenile detention. She cried. I almost cried. I sat in the attorney meeting booth with her for an extra half hour until they kicked us out for the lunchtime visiting area closure, just so she could be in a quiet space with a friendly face instead of back in the adult jail dorm. That was all I could do.
Tiny old people in jail. Tiny old people, deep in dementia, deeply upset, who got angry - personality changes including becoming very quick to anger are common with dementia - lashed out at family members and got arrested on domestic violence charges. (Again, see above.) And all I could see was my own late grandmother, who was a tiny old lady with dementia who lashed out all the time, but she was a rich white lady who could afford to live in a home with professional caregivers who were trained to handle those situations and deescalate, instead of having to rely on overwhelmed family members. And getting praise from teammates for how well I handled those clients and their jail hearings, and knowing it was because there but for the grace of god go we.
A guy who stole 2 beers from a grocery store, products that cost like $13 total, getting held on $1000 bail because he has warrants in other counties. $1000 bail when he's charged with taking $13 worth of beer. From a gigantic corporation. And he stayed in jail. Because if someone is stealing from a grocery store, they probably don't have $1000 to pay.
I think people who talk about the moral conundrum of public defenders get too stuck on the defender part and forget the public. Public defenders, by definition, simply do not represent the worst of the worst. People who hurt others because they can, quite literally can, because frankly most of them don't end up getting arrested and prosecuted for the ways they hurt people in the first place. And if they do, they can usually afford to hire a private defense attorney. I think most of us know the actual statistics about rape and abuse reporting, but for some reason that goes out the window when people talk about public defenders. (The reason is racism.)
Acting with (perceived) impunity is a privilege. It's for rich (and mostly white) people. The vast majority of crimes prosecuted in the U.S. are crimes of poverty and addiction (and that includes many violent crimes - yes, really), and that vast majority is where public defenders operate. There aren't moral quandaries in knowing what our clients did. The part that hurts is understanding the systems that have led them to this place, and knowing what those systems are going to keep doing to them once their case is resolved, and not being able to do jack shit to stop it.
"Now I've shot so many Nazis, Daddy will have to buy me a sable coat." (From his Wikipedia article).
Neil Munro "Bunny" Roger
June 9, 1911-April 27, 1997.
Bunny Roger killed a bunch of Nazis and then invented Capri pants.
He was expelled from Oxford for his indiscrete gayness (discrete gayness being perfectly fine at Oxford and part of the curriculum until...today probably, at least like 1992?). Then, having been sent down to London, he started his own fashion business, and his first client was Vivien Leigh.
Bunny served in WWII, killing fascists in North Africa and Italy, and often wearing a mauve scarf in the field. Roger claimed that he had gone into a battle brandishing a rolled-up copy of VOGUE and commanding: "When in doubt, powder heavily!"
Roger was known in high society for his themed soirées; Diamond, Amethyst, and Flame Balls were held to celebrate his 60th, 70th, and 80th birthdays. He wore a curious plum colored catsuit with a feathered headdress at his 70th birthday ball in 1981. At his 80th, he made his entrance in a catsuit of scarlet sequins with a cape of orange organza, greeting his guests from behind a wall of fire. His parties were covered by the newspapers, including a New Year's Eve Fetish Ball where the proper upper class mixed with young guests in rubber S/M gear.
From an obituary: "Beneath his mauve mannerisms, Bunny was stalwart, frank, dependable and undeceived; to onlookers a passing peacock, to intimates, a life enhancer and exemplary friend."
if you want butterflies, you need to live with caterpillars.
i am not being metaphorical, i work in a garden center, stop buying plants 'to bring in the bees and butterflies' and then immediately poisoning every caterpillar that dares to consume a single leaf
you will not get butterflies if you kill all the things that turn into butterflies! what are you doing!
getting a lot of responses to this going 'ok but it would be good as a metaphor though' so I will accept a metaphorical interpretation as long as you ALSO (!) promise to be considerate towards larval forms of insects specifically and biodiversity in general, deal?
having lunch and someone's watching cnc videoes loud as fuck style so i'm just here chewing my food while there's sounds of water jetting and steel screeching in the back
got a crick in my neck and a frog in my throat and a chip on my shoulder and a stick up my ass and now you're gonna stand there puttin words in my mouth? haven't I been through enough?
The old school lack of transparency on tumblr is amazing because you assume the people you follow must all be equivalent to you and then you see someone write “I brought my youngest to college today” and someone else write “my mom wouldn’t let me listen to Ariana Grande when I was a kid” and then your head explodes
honestly one of the best things we can do for ourselves is realize that people of different ages than us can still be the same kind of person as us. it's humbling and it gives everyone involved a sense of continuity, and it busts those stupid generational stereotypes media is so fond of.
The Impact of AIDS on the Artistic Community was first published September 13, 1987. In a 2016 interview with Francesco Clemente with Interview Magazine, Fran Lebowitz had this to say about the article:
“It was for The New York Times. I remember what year that was. It was ‘87. I remember it because when I started publishing, I got offers to write for big magazines. Interview, at the time, six people read it, believe me. But I would always say, “Well, it’s not that I don’t want to write for these big magazines, but you can’t edit it.” And they would always say, “What are you talking about?” And then they would name thousands of geniuses who willingly submitted to being edited. And I said, “Well, I don’t really care. You can’t do it.” So I remember I said, “Look, if you don’t like it, give it back to me. You don’t have to pay me.” She said, “It is out of the question that this is going to come in without needing editing.” And when I gave it in, she called to apologize. But a lot of people didn’t like that piece and were angry at me. People were pretty angry in general then. I don’t think I was still writing for Interview, but once you go outside your natural audience, there are tons of people that don’t like you. The New York Times, especially at that time, was gigantic. I remember it because they gave me the topic: What was the effect of AIDS on the culture? Which, in my opinion, was: What is culture without gay people? This is America, what is the culture? Not just New York. AIDS completely changed American culture. People always say “pop culture.” As if we have some high culture to distinguish it from. The effect of AIDS was like a war in a minute country. Like, in World War I, a whole generation of Englishmen died all at once. And with AIDS, a whole generation of gay men died practically all at once, within a couple of years. And especially the ones that I knew. The first people who died of AIDS were artists. They were also the most interesting people. I know I’ve said this before, but the audience for the arts—whether it was for writing or films …Or ballet. The knowing audience also died and no longer exists in a real way. So all the judgment left at the same time that all this creativity left. And it allowed people who would be fifth-rate artists to come to the front of the line. It decimated not just artists but knowledge. Knowledge of a culture. There’s a huge gap in what people know, and there’s no context for it anymore.”
i don't remember them playing mahjong but they do other old man things like going to the wet market together and drinking soup and taking walks. anyway go watch suk suk / twilight's kiss
For TV shows, there's What Did You Eat Yesterday? which is about a middle aged gay couple
And when it comes to films, there's actually quite a lot about older queer people! In addition to what was listed above, off the top of my head there are films like Cloudburst, Supernova, Turtles, Salut Victor
Behold the “Rowing-Bath” from 1916, the “newest contribution to the enjoyment of living” — https://publicdomainreview.org/collection/the-rowing-bath-1916
Please understand when I ask this I’m not trying to start discourse, I’m someone who used to be very puritan about others online and I’m trying to unlearn it
Would it be different if it was a straight guy with a dyke breaking kink? I get that for the lesbian in that post it’s her business, but what it it was a guy?
If he is not attempting to do this irl, if he is not harassing any lesbians or any women at all, who cares? He could have a fetish for putting babies in blenders and it wouldn't matter if he isn't actually doing anything in real life
And like, to be clear, anyone can feel uncomfortable with this. Discomfort is fine. Nobody is owed a particular emotional response to anything. But ultimately, what is being done here? If you can't really identify a harm being done to another person, what you're getting angry at thoughts harbored by a hypothetical person
I suppose you're chill with kinks around pedophilia and incest too. Not like thoughts and impulses ever manifest in reality so who cares. Or is that too far for some reason
Thank you for the polite and good-faith question! I will answer in similar politeness and good faith:
I can tell you're stupid so I'll break it down for you because I have nothing but generosity in my heart for people Bush left behind. I know he was a fast motherfucker I don't blame you for not keeping up. You are ultimately a victim of the system
Now let's take a look at what you wrote:
Let me know if you need more help, I think this link will be of value to you
In light of recent events, I have begun submitting bug reports when I see mature content labels applied inappropriately to posts, especially if an appeal has been rejected.
for what it's worth: after a few months of submitting help tickets as 'feedback' when i saw a post inappropriately flagged as mature, i tried following this suggestion instead. today i got my first-ever response from tumblr support on this issue, letting me know that a post i'd submitted a ticket before has had its mature content flag removed.