Guy Hamilton-Smith

Guy Hamilton-Smith

@guyhamiltonsmith.com

Civil rights & criminal defense attorney. Amateur Giles Corey impressionist. Views expressed are mine, but they could be yours for a low low price.

437 followers243 following191 posts

I think people debating about whether Holmes was lying or not are missing the point about you can see everything. It's really a much more interesting (and unsettling) film than the Holmes documentary costume it's wearing

I was surprised that the reporter actually talked to experts, as most don't bother. If you want people to succeed after release from prison, doing things like Mr. Bast does -- chasing them out of jobs and homes -- makes communities less safe, not more.

But I think people who gravitate to this have a variety of motivations, not all of them venerable. I'm just not sure that safety and protection is really the goal for a lot of this stuff. I think, aping one of the experts, it feels good to play the part of Batman.

Guy Hamilton-Smith reposted

A reminder on Indigenous Peoples' Day: Native people are incarcerated in state and federal prisons at more than 4x the rate of white people. This is the direct result of centuries of oppression and theft from Native people.

It occurs to me that the tendency towards medicalizing executions is not for the benefit of the person being executed. It's for us -- to give it an appearance of being humane, even as it makes it far less so. It's so we don't have to be made uncomfortable by the sight of our own lust for blood.

I think two things can be true simultaneously: a patronage system for pardons is grotesque, and the traditional model of only granting handfuls of clemency requests in the safest political cases is *also* grotesque.

Not for nothing, but I think it's pretty horrific that the state can just continue to re-roll juries until they get a conviction or an acquittal. Also, I have a big defense attorney crush on Kevin Reddington.

Guy Hamilton-Smith reposted

Replying to @mjsdc.bsky.social

I cannot stress enough that there is no language in the First Step Act that suggests Congress intended such a parsimonious reading of compassionate release; indeed, there is language that suggests the exact opposite. One major goal was to expand compassionate release. So why is SCOTUS shrinking it?

I read a whole article about Daniel Cameron and where'd his political career take a wrong turn and not one word about him sandbagging the grand jury in Breonna Taylor's case and lying about it to the press (which we only know about because the grand jurors lawyered up to talk about it). Weird.

I have a client I did a habeas for. I believe he was convicted of a crime it was not possible for him to have committed, and the government knew that because evidence they had (but did not introduce) proves it. He's autistic, with the social-emotional functioning of a young child.

I wrote, I think, the best thing I’ve ever written yesterday. It just happened to be filed in federal court, and in support of a client and an issue I’d stick my neck out for. Also, I got to use “transmogrification” in a brief, which, believe it or not, was the right word to use.

I think the thing people miss when someone with resources gets acquitted or a conviction reversed is that it happens because the government cuts corners. It takes resources to find out where they cut them. Don’t be upset that someone found them, be upset that they were cut in the first place.

Guy Hamilton-Smith reposted

Chief Justice Roberts says the court isn't political. This week, six justices "read" 107 pages of legal briefing in 38 minutes and let Alabama gerrymander its congressional map mid-election. The stopwatch says otherwise.

I ran into my old boss yesterday, and he told me he was very proud of me, and that a lot of people would have given up, but I didn’t. I reminded him that there were many times when I wanted to, but I had people who told me to get up and keep moving forward. Including, and especially, him.

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He did not want to see my writing sample. He called me a kiss ass for wearing a suit. I worked there for almost ten years. I owe him and his partners so much. I’ve had many challenges and much darkness. But for every challenge, there’s been someone to come out of the woodwork to help me lift.

I ran into my old boss yesterday, and he told me he was very proud of me, and that a lot of people would have given up, but I didn’t. I reminded him that there were many times when I wanted to, but I had people who told me to get up and keep moving forward. Including, and especially, him.

Twenty or so years ago, when my internship with the public defender fell through, I more or less accidentally interviewed with his office. He was wearing a Hawaiian shirt and cowboy boots. The interview was “Do you drink beer? Do you play golf? Congratulations, you’re hired.“

Probably an unpopular take, but I think if we’re going to have the death penalty, it should be something like the firing squad. We shouldn’t dress it up as a medical procedure. Also, arguably, it‘s more humane than lethal injection.

I wrote about a Kentucky prison that burned to the ground after a riot, tracing its causes to a food service contract with Aramark where they basically starved prisoners for profit. They operated the commissary, too.

Megan L. Cook@meganlcook.bsky.social

In honor of me reading all of these thesis proposals, what was *your* senior thesis about?

The cause of the riot was attributed to gang violence, which was true in a sense. But the violence itself was attributable to stolen commissary items, which people were hoarding because people were starving on the chow line.

Aramark was paid a set price, I forget what it was, but not a lot, to feed one person per day. So their profit margins came from reducing their operational expenses as much as possible. So that meant small portions, inedible food, rotten food, so on and so forth.

I think the thing that I fight for, more than this or that law is unconstitutional, is redemption. Not for me, or not just. The principle. We need it as surely as we need air. Otherwise our punishments become little more than poison that diminish us all.