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Wednesday, April 20, 2011

The Reasonable Doubter on Pennsylvania's Education Funding Cuts

The family that I know the most about — mine — had two parents who didn’t finish grade school, let alone high school or college. They were an immigrant and the child of immigrants and they recognized from their own lack that education was the key to advancement, accomplishment and public service.

The two generations that follow them will have earned nine college degrees, 10 graduate degrees and six terminal degrees. They will include four teachers and professors, two lawyers, three scientists, three successful business owners and a newspaper publisher. They have created jobs, searched for disease cures, served their communities, educated the next generation, explored the secrets of human nature and American history and worked for justice.
This is not offered as a testimonial to my family history, though I am, of course, hugely proud of it. The most remarkable thing about my family’s story is that in America it is not remarkable at all. This country and this state are full of hardworking and inspired parents who sacrifice and strive for their children’s opportunity to learn all that they can learn, succeed in their own lives and then give back to society. Some of these parents can pay the bill for that education. But with tuition, expenses and fees at prestigious colleges amounting to $60,000 per year, most of them can’t.
Those families need, as mine needed, the help of scholarships and college loans to get the job done. Well-funded public schools and universities are indispensable parts of this equation. And yet the state’s proposed 2011 budget would cut $550 million from basic education funding, $271 million from the State System of Higher Education, and reduce funding to Penn State, the University of Pittsburgh, and Temple and Lincoln universities by half.
It is impossible to calculate — yet — how many worthwhile programs will be eliminated, how many deserving students will be denied basic or advanced educations and how much social justice will be eliminated.
President Obama has rightly bemoaned the fact that in a single generation America has fallen from first to ninth place in the proportion of young people with college degrees. In terms of high school graduation rates, we’re ranked 18th out of 24 industrialized nations. As recently as 2008, a study published by McKinsey & Company, a global management consulting firm, found that the achievement gap between American students and their peers in other countries costs our national economy as much as $2.3 trillion.
On a more concrete level, consider this: The burglar whom you fear might invade your home at night and the mugger whose footsteps behind you on a darkened street make you walk a little faster are probably not highly trained craftsmen or Ph.D. scholars. Education might not be the only cure for poverty, and poverty might not be the only cause of crime, but the correlations cannot be disputed.
A Northwestern University study has found that one in 10 male high school dropouts is in jail or juvenile detention. The societal costs for each high school dropout are estimated at $292,000.

Gov. Corbett’s budget proposal recognizes this connection with an unfortunate linkage — while education funding decreases, prison funding increases. The budget for the Department of Corrections would go up $12 million, and the funding for prison expansions includes $68.5 million to add another 1,260 beds to the state prison system. Local and county prisons are not part of these statistics.
The futures of this commonwealth and of America have always been painted with the brushstrokes that illustrate the futures of our children. George Washington became the first president of a country whose Congress had already recognized that education was critical to our civic and economic life by funding public schools with the Northwest Ordinance of 1787. Two hundred and twenty-one years later, Washington’s 43rd successor reached the White House with a scholarship-funded education.
This is not, as many have framed it, a big government versus small government issue. This is about big futures versus diminished futures. Education is not an entitlement to be doled out as a privilege to a select few. Rather, as G.K. Chesterton observed, it is the soul of a society as it passes from one generation to another.

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The state of the law as a state of mind.

RECENT PUBLICATIONS BY THE REASONABLE DOUBTER
"The Embarrassment of Innocence" Innocence should be the only serious question for the criminal courts. We operate, after all, in a system which enforces a presumption in its favor and which allows any reasonable belief in its existence to preserve it. Innocence is the default state of blamelessness. Because fine and often exquisite distinctions between innocence and guilt carry with them disproportionate consequences — imprisonment, ruin, and death — the stakes are high for drawing these distinctions with accuracy. Public respect for criminal justice as a whole rests largely on the community’s belief that its guilt finding system has two characteristics: first, that it usually correctly divides guilt from innocence; and second, that when that usual result does not prevail, it fixes its own mistakes. The system is not only reliable but it is self-correcting. If it were not, the conventional wisdom holds, its claim to moral legitimacy would be far more tenuous. [click here to read the complete article]
"This Should Have Been a Simple Case: Dretke v. Haley and the Illusion of Actual Innocence" Criminal defense is an always difficult and often thankless job. Pursuing justice by vindicating our clients’ rights appears to many citizens — lawyers and non-lawyers alike — as mere hairsplitting to help criminals avoid the just desserts of their crimes. When we are asked how we can do it, we can talk about the lopsided power of the state, the Founding Fathers’ fear of tyranny or the need to champion individual liberty. But sometimes it is easier just to say that some defendants are actually innocent and therefore it is wrong for them to be punished. This, I have learned over the decades, is the one thing everyone agrees with. If you didn’t do “it,” whatever “it” is you should not be punished. Innocence may not be a presumption that many juries accept, but when some rare case presents an “unusually pristine” example of a defendant being unfairly punished no one should object to his exoneration. Courts and lawyers may contend over guilt and reasonable doubt, but innocence should be the one unbeatable trump to punishment. [click here to read the complete article]

Spero T. Lappas, J.D., Ph.D.

Spero T. Lappas, J.D., Ph.D., is an author, scholar, and lawyer headquartered Harrisburg, Pennsylvania. He has earned a PhD in American Studies from The Pennsylvania State University where he researched the relationship between the American law and culture and where he has taught courses in American Studies and Public Policy. He graduated with honors from Allegheny College (BA ‘74), where he was twice named an Alden Scholar, received Departmental Honors at graduation and the Muhlfinger Prize for his independent research and from the Dickinson School of Law (JD ‘77), where he was on the Editorial Board of the Dickinson Law Review, a member and faculty adviser of the National Trial Moot Court Team, and winner of two American Jurisprudence Awards. He was later named to Dickinson's Woolsack Society.

He is licensed to practice law before the Supreme Court of the United States, all Pennsylvania state courts, and several federal courts. He has served as lead counsel in hundreds of major civil, criminal, and civil rights cases, including some of Central Pennsylvania's most important criminal and civil trials. In the criminal courts he has defended several death penalty murder cases, federal drug felonies and conspiracies, federal sports bribery, state and federal crimes of violence, major fraud allegations, and most other varieties of cases in which citizens have been charged with serious state and federal crimes. In the civil rights arena he has represented plaintiffs in cases involving police misconduct, excessive force, wrongful arrest and prosecution, sex discrimination, disparate impact, disparate treatment, prisoners rights, students rights, age and race discrimination, wrongful death, freedom of speech and association, search and seizure, and whistle blowers rights.

He served as an inaugural member of the Pennsylvania Senate Advisory Committee to Study the Causes of Wrongful Convictions and the Pennsylvania Legislative Advisory Committee to study the Death Penalty.

His career achievements have been recognized in many leading volumes and publications about legal professionals. He was among the nation's youngest attorneys to be named in the first edition of The Best Lawyers in America. He has been listed in Who's Who in American Law, Who’s Who in the World, Who's Who in Finance and Industry, Who's Who in America, Who’s Who Among Emerging Leaders in America, America's Leading Lawyers and The Bar Register of Pre-Eminent Lawyers. He has an A rating -- the highest possible recognition -- from the Lexis/Nexus Peer Reviewed rating system.

He has been an adjunct professor at Widener University School of Law and Harrisburg Area Community College, a University Graduate Fellow at Penn State, and a member of the ACLU (where is on the board of directors for the local chapter), American Mensa, and the U.S.Fencing Association. His publications have appeared in the Dickinson Law Review, The Champion (the journal of the National Association of criminal Defense Lawyers), the Harrisburg Patriot-News, The Burg newspaper and the Pennsylvania Magazine of History and Biography.

He is a prize-winning photographer whose work has appeared in several galleries, one-artist shows, and personal and corporate collections, a tournament Scrabble champion, and a competitive three weapon fencer.

He frequently speaks to civic and community organizations about matters of public importance. To arrange an appearance, please contact Dr. Lappas at sperolappas.jd.phd@gmail.com.