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Haiti's Lawless Streets
Gerald L. Shargel, a member of the New York Bar since 1969, has handled numerous high-profile cases at both the trial and appellate level. He has written written for the New York Times, the Los Angeles Times, the New York Law Journal and the online magazine Slate. Mr. Shargel, a Practitioner-in-Residence at Brooklyn Law School, recently authored a law review article published in the Fordham Law Review, "Federal Evidence Rule 608(b): Gateway to the Minefield of Witness Preparation."
SIPA
As 10,000 U.S. troops are set to arrive by Wednesday and the estimated death toll climbs, The French minister in charge of administering aid accused the U.S. of "occupying" Haiti, and a Swiss charity blamed American air traffic controllers for turning away planes carrying medical supplies. Meanwhile, the leading American general in Haiti estimated that 200,000 people have died in the quake.
Below, Gerald L. Shargel on Haiti's weak justice system, the lessons of New Orleans—and what it will take to restore order.
As Haiti digs out from its devastating earthquake, spasms of violence are erupting. There are reports of looting, even grave-robbing. There are no local authorities to speak of on the mean streets. Can Haiti’s criminal-justice system, badly broken before the quake, be salvaged, and help restore order to a society on the brink?
This country’s closest reference point is what happened in the wake of Hurricane Katrina. Then, each component of the New Orleans criminal-justice system—the police, the courts, and the prisons—was in imminent danger of collapse. Widespread looting and lawlessness went unchecked by a poorly organized police department. The court system itself was stalled by the storm; the processing of criminal cases was virtually suspended, resulting in a massive backlog. The District Attorney's Office, as well as the Public Defender of New Orleans Parish, was short-staffed; inexperienced prosecutors and defense lawyers sought to fill the breach. Jails were dangerously overcrowded, bursting at the seams with inmates being held for months without access to lawyers or court hearings.
Although the prison walls were still intact, the doors were wide open and almost the entire population of 4,000 inmates appeared to have escaped.
Now more than four years later, while still on the mend, the New Orleans criminal-justice system has survived. Volunteers from law firms and law schools around the United States assisted determined Louisiana judges and lawyers in a well-funded effort to restore the court system and clear the backlog.
Can the Haitian courts look northwest to New Orleans as a paradigm of promise? Sadly, as with all else in this immeasurable tragedy that is Haiti, the answer right now is an unmistakable no. While the New Orleans courts have never been described as temples of justice, the Haitian criminal-justice system has long been broken and a cosmetic cleanup won't fix it.
• Peter Beinart: Doing Disaster Relief Right
• Amy Wilentz: What Haiti Needs from the U.S. In recent days, little, if anything, has been reported or written about the Haitian criminal-justice system. The biggest challenge the system faces at the moment, of course, is law enforcement; there is an urgent need to bring rioting and looting under control. The Haitian police force, much like its New Orleans counterpart in the days after Katrina, is plagued by desertions and a lack of resources. And, as in New Orleans, U.S. troops will work to restore and maintain order in Haiti.
The first real glimpse into the inner workings of criminal justice in Haiti came last week with Anderson Cooper's tour of the national prison in Port-au-Prince. Although the prison walls were still intact, the doors were wide open and almost the entire population of 4,000 inmates appeared to have escaped. Gone were, as Warden Jean Herisse described the escapees, the "criminals, bandits, assassins who terrorize the population." Said Warden Herisse: "It's a big problem for the country." But from a criminal-justice perspective, the "problem" runs a lot deeper than the need to re-arrest the criminals.
Even in the aftermath of the earthquake, the CNN camera crew easily captured the squalor that existed in the facility. The prison, the Penitentier National, was one of those described in a 2007 report from the International Crisis Group as "powder kegs awaiting a spark."
As reported by the Miami Herald in March 2001, the vast majority of the detainees, often held for years under subhuman conditions, have never been tried or convicted (there is no bail in the Haitian legal system). Inmates waiting disposition of their cases are held in abject filth and squalor. Jean-Paul Lupien, a former French-Canadian prison warden who consulted for the United Nations Development Program, described Haiti's prisons as severely overcrowded "death traps," the worst he'd ever seen. Prisoners who sweltered in poorly ventilated cells, were physically and sexually abused by fellow inmates, mercilessly beaten by sadistic officers, constantly exposed to infection and disease (including tuberculosis and AIDS) while deprived of medical care. The antiquated prison was built in 1918 during the American occupation of Haiti.
The deplorable conditions of Penitentier National and Haiti's other prisons were just one symptom of a long-ailing criminal-justice system. Prisoners' grievances could not be addressed and cases could not be tried or resolved because there was no organizational infrastructure. Inadequate court facilities, an insufficient number of judges and lawyers, the incompetence of court personnel (case files were frequently lost), along with an undercurrent of pervasive corruption all combined to dash any hope of a fair and efficient system of justice. The Haitians were simply too poor to improve the system.
The earthquake of 2010—measuring 7.0 on the Richter scale—is, in a real sense, apocalyptic. The criminal-justice system, like the country itself, cannot be simply "put back together." Haitians deserve something far better than restoration of life as they once knew it. Out of this catastrophic event, world governments should be brought to the realization that Haiti must be adequately funded and rebuilt from the ground up. The rebuilding, though, must be far more than structural. In recent days, commentators have heralded the rebuilding of Chicago after the Great Fire of 1871 or San Francisco after the 1906 earthquake. Unlike those great cities, Haiti needs, more than anything, a rebuilt economy and an improved standard of living. Only then can the criminal-justice system and every other part of the Haitian government be brought into the 21st century.
In a recent appearance in New Orleans, President Obama continued the pledge that the city would be rebuilt "stronger than ever before." The good people of Haiti deserve no less.
Gerald L. Shargel, a member of the New York Bar since 1969, has handled numerous high-profile cases at both the trial and appellate level. Mr. Shargel, a practitioner-in-residence at Brooklyn Law School, recently authored a law review article published in the Fordham Law Review, "Federal Evidence Rule 608(b): Gateway to the Minefield of Witness Preparation."
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Gerald L. Shargel, a member of the New York Bar since 1969, has handled numerous high-profile cases at both the trial and appellate level. He has written written for the New York Times, the Los Angeles Times, the New York Law Journal and the online magazine Slate. Mr. Shargel, a Practitioner-in-Residence at Brooklyn Law School, recently authored a law review article published in the Fordham Law Review, "Federal Evidence Rule 608(b): Gateway to the Minefield of Witness Preparation."
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Gerald L. Shargel, a member of the New York Bar since 1969, has handled numerous high-profile cases at both the trial and appellate level. He has written written for the New York Times, the Los Angeles Times, the New York Law Journal and the online magazine Slate. Mr. Shargel, a Practitioner-in-Residence at Brooklyn Law School, recently authored a law review article published in the Fordham Law Review, "Federal Evidence Rule 608(b): Gateway to the Minefield of Witness Preparation."
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Gerald L. Shargel, a member of the New York Bar since 1969, has handled numerous high-profile cases at both the trial and appellate level. He has written written for the New York Times, the Los Angeles Times, the New York Law Journal and the online magazine Slate. Mr. Shargel, a Practitioner-in-Residence at Brooklyn Law School, recently authored a law review article published in the Fordham Law Review, "Federal Evidence Rule 608(b): Gateway to the Minefield of Witness Preparation."
BellaFurie
Assumptions of endemic looting and panic in Haiti support this lazy new journalism based on opinion rather research. I suggest any blogger starting a piece along the lines of "As violence and looting beset Port-au-Prince" read this: this:http://www.cineinstitute.com/news/
DakLak
Now there are 4,000 inmates roaming at large it will make little difference as the crime rate in Haiti is typically high normally.
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DakLak
They don't roam around with swords in L.A. - Haitians can't afford bullets.
GlennWatson
"Obama continued the pledge that the city would be rebuilt "stronger than ever before." The good people of Haiti deserve no less."
What have they done to deserve this?
dogman44
They are poor.......everybody knows the poor deserve all the misery
they get......that's how you tell a good christian from a bad....good xtians
are rich...dog made them that way.....like the ones who control our
stinking rotting corpse of what might have once been a government....
please send money to your local televangelist so they can continue to
spread their venomous hatred.......that's what the people of Haiti need
right now.
iamone3
Sounds like you are full of the venomous hatred yourself dogman44.
johnnyboy56
They have done nothing to deserve it other than to allow themselves to be governed by corrupt politicains and to ignore theri own plight as long as they receive enougn to squeeze out an existence. It also amazes me of the comparisons to NewOrleans, another corrupt group of politicians bleeding the population to death with their tacit approval. Let compare the two populations and find what they have in common. Laziness and unwilling to help themselves is one similarity. I'll leave the rest to you.
cbl99201
Bring in Arnold to fix the situation, just like he did in California.
Jaygim
or David Patterson, as he's done so elegantly in NY.
Carole65
Actually, Paterson's poll ratings have gone up since his initial proposals of taxing this, that, and the other were spurned by people. He's now trying to cut programs, which has helped to raise those ratings. The Congress might look and learn..............
msshay
I believe Obama offered a $100 million dollars of support to Haiti not a lifetime pass. Our churches and NGO's will continue to be in Haiti and of course Bush and Clinton will raise millions!
whipmawhopma
The Germans are saying some interesting things about the US...
http://www.spiegel.de/international/world/0,1518,672510,00.html
I find this bit really interesting...
"America must tread carefully in Haiti -- after decades of interference and occupation. No one can help more at the moment than the superpower. Later, however, many will claim to know how things could have been done better. The good deed of today can in the long term become a terrible curse."
But all of it is interesting.
ElvisOswald
The coverage of the fake looting and violence serves as a straw man. As always, embellished accounts of an enemy's atrocities serve to justify actions taken against them.
In this case, I would say we are preparing for military action by US and foreign troops right here in America. Pointing to Haiti will silence opposition to the military occupation of US cities.
Why else would the CIA run media lie about Haiti?
Here's the truth:
"I have been told that much US media coverage paints Haiti as a tinderbox ready to explode. I'm told that lead stories in major media are of looting, violence and chaos. There could be nothing further from the truth.
"I have traveled the entire city daily since my arrival. The extent of damages is absolutely staggering. At every step, at every bend is one horrific tragedy after another; homes, businesses, schools and churches leveled to nothing. Inside every mountain of rubble there are people, most dead at this point. The smell is overwhelming. On every street are people - survivors - who have lost everything they have: homes, parents, children, friends.
"NOT ONCE have we witnessed a single act of aggression or violence. To the contrary, we have witnessed neighbors helping neighbors and friends helping friends and strangers. We've seen neighbors digging in rubble with their bare hands to find survivors. We've seen traditional healers treating the injured; we've seen dignified ceremonies for mass burials and residents patiently waiting under boiling sun with nothing but their few remaining belongings. A crippled city of two million awaits help, medicine, food and water. Most haven't received any.
"Haiti can be proud of its survivors. Their dignity and decency in the face of this tragedy is itself staggering."
David Belle, Port-au-Prince, Haiti, January 17th, 2010
telltruth
To propose that there has been no violence or looting in Haiti is an obvious falsehood. Of course there has. Just like after Katrina and after every major disaster where starvation and disease gradually take over, human beings, being human beings, fight for survival. The fact that I think is being addressed here is that the degree of looting and violence is exaggerated. This exaggeration is by the media. The media, even when confronted with human tragedy on a magnificent scale, still competes for ratings. The "looting and violence" lead captures the audience. Despite that, there are many members of the television media with good intent, who have traveled to Haiti to tell and show the story, under much duress and discomfort. Many of us who comment negatively on the intentions of the US and endlessly mentate on conspiracy theories would have little motivation or fortitude to be in their shoes. Regarding the conspiracy theories (US now has a political and/or military agenda with Haiti) what bothers me is how shallow such a thought is just a week or so after this disaster. This thought process is automatically embraced by many of you with prior commitments to "USA hatred" with little or no logical consideration for the facts. In a matter of days tens of thousands of Americans in a variety of public/government, volunteer and military roles have scrambled to coordinate the logistical challenge of assisting millions of people in Haiti. The U.S., once again, took the lead in doing so, as they frequently do. How many times does that have to happen before it is logically evident that the U.S. feel obligated to help people in a time of need? You see, it's the simplest and most obvious motive that is always ignored in favor of some outlandish, ego driven conspiracy theory. There is not much to talk about when it's simply; "major earthquake in Haiti, thousands of U.S. citizens, government officials and military personnel rush to assist". How boring is that? Humans helping humans. Quite dull, I must say.
eurydice9276
I kind of think it's the earthquake which is costing all those lives. But I'm sure when order is restored the Haitians will be happy to have you lecture them on Federal Evidence Rule 608(b).
oliverckerr
eurydice9276
I wish I could remember the movie that featured your screen name. You have a marvelous sense of humor.
michaelslevinson.com
telltruth
I don't think the culprit behind the deaths is in question. It is indeed the earthquake. In this case I suspect the witness is truthful. I am not in a court of law and therefore cannot provoke cross examination concerning truthfulness or untruthfulness. Instead, I am provoking common sense on the Internet, which is an obvious oxymoron.
eurydice9276
Well, I'm more concerned with Truth in Packaging. The blurb at the beginning of the article claims to link the experience of New Orleans with that of Haiti - it also claims to give an answer to the question of how to restore order in Haiti.
The author then says that the Haitian courts can't look to New Orleans as a paradigm (claim #1 - unproven) and concludes that the way to restore order in the country is to rebuild it from scratch - something which is evident to anybody with a television set (claim #2 - misleading and useless).
whipmawhopma
http://www.spiegel.de/international/world/0,1518,672510,00.html
From the article...
"French Foreign Minister Bernard Kouchner has warned governments and aid groups against squabbling. French Cooperation Minister Alain Joyandet had expressed annoyance at the turning back of a French plane carrying a field hospital by US officials at Port-au-Prince airport. Kouchner told France-Info radio on Monday that "people always want it to be their plane ... that lands," but said, "what's important is the fate of the Haitians.""
octavio
It would be O.K. to go to Haiti and rebuild their criminal justice system.If at the same time ( simultaneously ) the USA begings to prosecute all those crooked USA senators ( lap dogs ).At present these crooked USA senators are large companies whores.We must pass laws or reform the USA
political process right away,so that we will be able to prosecute the crooks in government.
The USA senators should not be immune to against being prosecuted.We must prosecute them and make an example.
If we have to borrow money or print money so that we can go to Haiti and rebuild their justice system.At least we need to be
intelligent enough to correct our corrupt political and justice
system.
In the USA if a young black is caught stealing $ 300 in silver
coins inside somebody's house.This person right away is
incarecerated for many years.Once inside the prison,other
prisoners or the prison guards,sometimes with the consent of the jail boss/warden abuse the 23 year old,rape him,make him
homosexual et cetera and as the time goes by,the judicial system will charge him with something else and keep him in jail for life.Compare that with the life of the USA senators.
Most of the USA senators are crooks on the take ( they put
in their wallets one or two millions in "campaign donations" )
These senators are allowed to get giant salaries ( $200,000
per year ? ).Compare that with what a Wal Mart worker makes
about $11,000 per year.
Since these crooked USA senators are working for the giant corporations.In the end the USA tax payers are the ones being
screwed up/ripped off!.
iamone3
With all the lawyers in this country it makes you wonder why this isn`t being done. Ofcourse I think the majority of those in Congress are lawyers. That might explain it. Ya think?
verycold
I don't know how widespread the looting is, but what I just saw tonight was not pretty. The poor boy with the bashed in head was real. He was bleeding profusely. The store owner was building a fortress around his store and ruins to keep the looters out. The cameras showed looting up and down the street with one thing missing. NO HAITIAN MILITARY to speak of. There was ONE guy with a gun and stick. I imagine tomorrow this violence will get much worse now that the word of zero law enforcement has gotten around. The citizens are on their own.
It is very clear to me that the Haitian government wants to be in charge and not give away their country to the US. However he is lacking the might to take care of his country. SOMEBODY has to take control. Herein lies the problem of the US getting involved in wars and calamities with nations that live in a completely different world. Our laws, our mores are very different and of course we try to impose the laws we know but unfortunately these Haitians are unfamiliar with.
BTW, the dead are being heaped into dump trucks and taken to the dump and throw into a big hole. There is no headcount. Nobody knows who they are and nobody ever will. So when you hear how many have died, it is a lie since they have no idea. Nobody is keeping count.
Thank you.
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