Cashing in on Crime: Politicians, Pressure Groups and the Media

Each day, you pay about $46.10 for each person incarcerated in a jail or prison. Most of these inmates will be released - and re-arrested.

For those of us who work in the criminal justice system every day, it is reasonably foreseeable that they will violate the law in specific patterns. More importantly, it is actually possible to break the cycle of dysfunctional behavior in about 80 percent of all criminal cases. But this isn’t happening. Instead, your tax dollars are being set on fire by a government that just doesn’t get it. People are being hurt, property is destroyed, and the broken system of criminal justice continues to break the heart of many mothers, fathers, brothers and sisters each and every day.

Here is how the game is played.

Someone gets hurt by a criminal act. Next, the media sensationalizes the case for ratings. In response, the public is angered and afraid. A political pressure group is formed. A politician sees an opportunity, so yet another “get tough on crime” bill is introduced. Other politicians jump on the bandwagon, and a bad law is passed. The result? The problem of crime remains unsolved.

Actually solving the problem of crime is unthinkable to the players in the system. Let’s review the impact of actually solving the problem of crime on the players in the system.
The Media: True crime is one of the most popular news subjects for print, internet, television and radio media. If the problem of crime were to be solved, then the media would lose customers and that means losing money. Watch your local news tonight – it will probably start with the crime report.

The Pressure Groups: Can you imagine MADD’s paid political and administrative operatives disbanding because the problem of driving under the influence was solved? MADD brings in millions of dollars each year, and much of this money goes to pay very good salaries. About 19 cents for every dollar raised goes to for charitable works.

The Politicians: Entrepreneurs exist to make money. Politicians exist to get re-elected. When it is time to place an Intoxalock on a convicted driver’s vehicle, the profit potential for both is staggering. For the entrepreneurs (think ‘donors to you political campaign’), consider this passage:

“In the state of Wisconsin, service centers are getting between $75 and $150 for install, about $20/month to exchange the unit, and $50 to $100 for removal of the unit. That $20/month is just unplugging the thing, shipping it to the leasing company, and plugging in a new one that is supplied by the leasing company. Most states require the user to have this installed for more than one-year on their vehicle. Imagine the potential if you have many people in your area requiring these units!” Click here for the full article.

There is a recurring theme here. Money. Crime is a big business. Crime is a safe business, too. Economy booming? Crime is a great way to make money. Economy crashing? Crime is recession proof, and actually more profitable.

In my next article, we will answer a critical question: How did we end up with this poor performing legal system?

Working Outside of The Box

Another Monday at 10:56 a.m. My first client consult is scheduled to begin in four minutes, and I have been at work, off and on, since about 7:30 a.m.

My next appointment is at 1 p.m., and I have research and writing to finish. My case status staffing was completed a little over an hour ago. No court appearances are scheduled for today. So I put on my headset and begin the first appointment . . . just another day practicing law outside of the box.

Most lawyers get up in the morning, put on the lawyer suit of the day and head to the box, AKA, “the office.” Some have a long commute, some have a short one. Some work for a large firm with a large box, some work in a medium sized box and some have a small box.

The box is filled with people, phone systems, computers, printers, copiers, files, and coffee pots. Whether the law firm is a large box or a small box, most work outside of the courthouse is performed in the box. True, some work is done outside of the box, yet in most firms, 95% of the work is done in the box. The home office is an afterthought for work to be completed after a day in the box, or on weekends.

But I am outside of the box. W-a-a-a-a-a-y outside of the box. Let me explain.

I have been a practicing lawyer since 1989. I am a Board Certified Florida Criminal Trial Law Specialist with a practice limited to Florida criminal law in the state courts. Before 2004, I practiced law like most other lawyers – in the box. After Hurricane Ivan, we realized that our disaster recovery plan was a joke. The hurricane forced us to remake our entire firm, from the legal structure of the law firm right down to how we draft a motion. Later, when the cost of gasoline blew through the roof, we found that our clients preferred our disaster recovery mode of operation. Even the Florida Supreme Court encouraged the use of technology to save energy.

So here is how we practice law at Cobb Criminal Defense Law Firm today, outside of the box:

• We have two offices in two different counties. They are only used to meet with clients. I go into to one or the other office an average of three (3) hours per week.

• Our entire “on payroll” staff telecommutes the majority of the time. Phones are forwarded to a central telecommunications hub, the calendar is kept up to date online, all files are electronically stored in a central location, and we have a system for sending and receiving mail. Out of the box, we are actually more in touch with each other than most law firms.
  

• Most of our “co-workers” are actually outsourced colleagues in various different disciplines necessary to represent our clients. This enables us to build large legal defense teams at a fraction of the cost. We pass those savings on to our clients.
  

• I am writing this article as I normally work on non-court days: Wearing a pair of shorts, a tee shirt and a baseball hat while sitting in my “work” recliner. CNBC is usually on mute, but not today. Stumpy is asleep next to me, curled up in his doggie blanket. My telephone headset is right next to me, and I haven’t bothered to shave. No one on the other end of a phone line is concerned with how I am dressed, rather they are more interested in my experitse, as it should be.
  

• My computer is on my lap with twelve (12) screens across the bottom and six (6) tabs across the top ready for action. I am tied in to my calendar, my e-mail, my research projects, my client files and the courthouse. My tricked-out Gateway Convertible Notebook is a top of the line computer so advanced that I can literally sign documents with a digital pen directly on the screen. My secretary prints the hardcopies and we send what we can electronically to various recipients.
  

• “Box office appointments” or jail visits are scheduled on court days because I am in a suit anyway. When my life revolved around a daily commute to and from the box, I came to hate business attire. Now I enojy it.

The quality of life difference is profound. Our productivity has grown exponentially. Our clients love our service, and the convenience we are able to provide. We have made our technology easy for eveyone to use, and it pays us with more than money, it pays for itself with the most valuable asset one can have - time.

So now it is time to end this break, and get back to work, outside of the box. I will hit the ‘save’ button, open another screen and finish that exciting motion to have Florida's sentencing laws declared unconstitutional based on that Cunningham case from the USSC . . .  .