Lawyers deal in facts and evidence. Today, there is much discussion about having the data and analyzing the data to make better decisions. Data is evidence. Data analytics or business analytics are growing areas of expertise, particularly in these days of mass processing of data with artificial intelligence. How good your analysis is depends on the quality of the data inputted and the methodology used for analysis. A judge or jury analyses the evidence (data) to determine an outcome of guilt or innocence.
Netflix currently has both a dramatic series and a documentary out about the infamous Menendez brothers, who brutally shot their rich Hollywood-connected parents to death. They committed this act with shotguns, one brother reloading to return to shoot their dying mother in the face. Before OJ Simpson, televised trials were newer and Court TV delivered the entire Menendez trial. I was busy surviving an early-stage legal career so did not have time to pay much attention. The brothers were educated and attractive, their parents were rich with the dad involved in the entertainment business (creating the first Menudo group that was wildly successful).
The brothers and witnesses testified as to cruel controlling parents with the father allegedly (and allegedly known to the mother, who did nothing) severely and constantly sexually assaulting older brother Lyle from 6 to 8 years of age, and then replacing him with younger brother Eric, from 6 to 18 years of age (the killing having ended the alleged abuse). This abuse, if accepted, and the brothers’ honest belief in their lives being threatened by their parents, would reduce the crime to manslaughter, with a lesser penalty than first degree murder.
The first jury was hung (apparently the male jurors could not fathom the abuse of mean being real, the female jurors sided with the Menendez brothers). A new trial was ordered. The OJ Simpson trial intervened and there was outrage after OJ got off. The prosecutors and judge allegedly (assume “alleged” so I don’t have to say it again, I was not there, I just watched the Netflix shows) wanted to redeem the justice system, and the abuse was barely touched upon given the evidentiary rulings made. The young men were sentenced to life in prison without parole.
Now we have the #metoo movement and all the abuse hidden in closets or accepted without question by victims or disbelieved, is slowly coming to the surface. People are interested in a second look at these killers and whether the abuse they may have faced should result in them being freed after 34 years in prison. Crime and punishment and rehabilitation are being seen through different lenses, the result of different data inputs changing the frame of reference. Nature, nurture, accountability, free will are all up for analysis and reconsideration.
As part of a newly established group Women Leading Philanthropy (join us!), through the Red Deer Regional Health Foundation, our first women’s health project we voted to support is the EMBRACE program which supports substance use dependent mothers to improve outcomes for them and their babies. Perhaps the least “popular” women among us. Our courageous event speaker described her upbringing and brutal family life and addiction from age 13. She was assisted by this program (and as a result, her children) and now gives back and is breaking the cycle. This program initiative started in central Alberta and is being spread throughout the province based on the results to date. If we want fewer monsters, early intervention is key. Don’t ignore the problem nor the data. The next best time for addressing an ignored problem is now.
Donna Purcell, KC, (aka Lady Justice) is an Alberta lawyer and Chief Innovation Officer with Donna Purcell QC Law. If you have legal questions, contact dpurcell@dpqclaw.com.
