And Justice for All

topic posted Wed, May 7, 2008 - 9:42 PM by  Al
Our recent discussions on race have made me sensitized to the difference in perceptions that we, as representatives of our constituencies exhibit. My interpretation of fair play and equal opportunity is "skewed" by conditions of my origin and lifetime experience. I don't believe that my perceptions are automatically correct, but I recognize that where they are not; exists within my blind spot. I will posit that the same is true of all of us and give credence to each of our good will and intention to be fair, in our conversations.

This having been said, I would like to instigate a conversation on Justice. My perception is that very little justice occurs in our society and it is most often connected to ethnicity. I do not believe that Blacks, Hispanics, GLBTs, or poor Whites are likely to receive justice or even fairness in our Judicial system.

In the past 72 hours I have seen a number of familiar sights which support this perception. On Sunday night; 60 Minutes did a feature on men in the prisons of Texas who are being released after serving sentences for years, for crimes they did not commit. THEY WERE INNOCENT. The overewhelming majority of them were Black and Hispanics. They were all the victims of the Prosecutorial philosophy of the Dallas District Attorney's office. Starting in the 1950s through the late 1980s DA Wade exercised draconian harshness in his zeal to "convict at any cost." The newly elected (Black) DA of Dallas has opened the records of the DA's office to the Innocence Project and they have also been given supeonea powers to investigate those cases where an egregious malfeasence appears to have occured. There have been 17 sentences overturned so far, with over 200 other cases being reviewed. These are only the cases where the victims are still incarcerated. One of the men interviewed served 27 years for a crime he did not commit. He was convicted on circumstantial evidence, and the DA's office even witheld evidence that put their case into doubt. To do so is a violation of the Legal Cannons as well as Texas statutes. However; there is no penalty for Prosecutors who do so. DNA evidence proved this man to be innocent. In the course of the interview he recounted how he had been before the Parole board 11 times and each time he was refused parole because he would not say that he was guilty and regretted the crime he was sentenced for. He knew he was innocent. However; to be released he would have to confess and bear the lifelong stigma of a crime he did not commit. The Parole board told him that he would never be paroled until he confessed. This was not justice.

Earlier today I watched a video showing members of the Philadelphia Police force capturing 3 men in a car. They are suspects in a shooting. They are as yet convicted of nothing. Without the conviction of a court; they have the same rights as anyone else. They are required to be given the presumtion of innocence until they are proven to be guilty. This is a vital protection of our Legal System. You and I and all other members of our society have this expectation. The Police may not lie about evidence and must respect our rights until we are judged and convicted. Instead a "mob" of 15 officers drug them from the car and beat, stomped, and beat them with batons (police clubs). The police even stood on the neck of one of the arrestees. Whatever the "belief" of these officers, no court had deprived any of these men of any of their rights. The suspects were Black. The vast majority of the Policemen were White. It is unlikely that there will be any great penalty paid by the Policemen if the suspects are proven to be innocent and almost certain that there will be no penalty if they are convicted.

Finally, I watched video of a Civil Demonstration led my Rev. Al Sharpton protesting the acquital of the police officers in the shooting of Shawn Bell. For those of you who are not familiar with this case; Shawn Bell went to a Batchelor Party the night before his wedding at a Strip Club here in Queens, NYC. Upon exiting the club undercover Police officers rammed the vehicle he and his friends were driving without identifying themselves as Police. The officers who did so were told by other undercover officers in the club that Shawn and his friends were armed. The police then proceeded to fire over 50 rounds of 9mm ammunition into their vehicle. There was no return fire from the vehicle because the VICTIMS WERE UNARMED!!! Subsequent to the incident the police officers produced a "witness" who claimed to hear the victim Shawn Bell say, "I'm gonna get my gun." This witness turned out to be a regular snitch (Police Informer), who is under the thumb of the police because he is a drug dealer and is being given a pass on prosecution of his crimes. Yet he is considered to be "credible" when giving evidence to support the police assertion that their actions were justifiable.

The famous Defense Attorney Ron Kubey (partner of the late William Kuntsler) said recently on MSNBC, "its another case of Black, Blue, and White. A Black man is killed by men wearing Police Blue and is then acquited by a White jury." This is the same pattern which led to the LA riots following the acquittal of the Police officers who beat Rodney King, by an all white jury in Semi Valley.

As a Black man I personally identify with the victims of injustice. I see myself in their situation and appearance. I have had numerous encounters with the Police, which have had acceptable outcomes only because of my ability to express myself in a manner which causes them to wonder (due to my language) whether or not I am a Lawyer or perhaps a Politician. If I lacked vernacular and middle class dress, I would have had an entirely different experience. This experience is ubiquitous in the lives of Black men.

I only wonder, why it is that it has been years since I have heard any White People call out for a rectification of our Justice system. Do you feel that anyone accussed of a crime must somehow be guilty? Do you not recognize that injustice is like pregnancy; you can't be a "little" unjust or pregnant? Do you or don't you recognize that once the police become convinced that they have rights above those of any citizen or group of citizens; they have those rights above all citizens, including yourselves?

We have just over 2 million people serving sentences in our prisons. We have over 14 million people who have been convicted of crimes. If our system is 90% just that means that there are 200,000 innocent people in prison and 1,400,000 innocent people who have been convicted of crimes. If the system is 80% just that becomes 400,000 innocent in prison and 2,800,000 innocent people who have been convicted of crime. Half of those numbers are Black; despite the fact that on 12% of the population are.

Do you believe this system is just?
posted by:
Al
offline Al
New York City
  • Re: And Justice for All

    Wed, May 7, 2008 - 9:45 PM
    Al...justice comes with a price tag...

    If you have the means and the money you too can avoid prison...

    Justice is not for all...but for the rich
    • Re: And Justice for All

      Wed, May 7, 2008 - 10:10 PM
      As much awe as I hold you in, Ro; I must vehemently disagree. Justice cannot have a price tag, and be called justice. In order for Justice to exist it must be equal for all. If you define Justice as, "the means and the money," and the test of it the avoidance of prison, then what do you call a system based upon truth and fairness. The intention to achieve this ideal is why we finance a system of Public Defense. In societies where the accused are guilty until they can prove themselves innocent, Justice is even more difficult to achieve.

      Singapore with all of its Draconian regulations and penalties has Justice. There are significant penalties for public officials telling lies in court. Prosecutors who violate the code of their legal system are imperiled. As a result they have a much smaller percentage of their population in prisons and those there acknowledge that they are guilty. The Scandinavian countries are the same. The German Republic is also. Canada is much more just that America. Mexico is a place where you can buy your way out of all most anything. Almost anywhere in Africa is the same; tyranous and unjust.

      Justice cannot be for the rich. It is either for all or it is not just. The failures of our system are just that; failures.

      In the preceding sentence; please observe the way in which I used the word "just." As an adjective, just means true. Truth is independent of the ability of someone to pay for an outcome of a process.
      • Re: And Justice for All

        Wed, May 7, 2008 - 10:28 PM
        ideally...justice should be for all...

        however the reality is justice, at least in this country comes with a price tag...meaning the rich get better treatment.

        I am not saying is right...I am just stating the conditions we face...

        Of course justice should be for all...but Al our system is corrupted and justice has not been equally practiced...if justice indeed was for all, then what you finished writing about would have not happened. that's all I am saying.

        Basically stating the obvious
  • Re: And Justice for All

    Wed, May 7, 2008 - 11:21 PM
    Justice is a great concept. Unfortunately, it is enforced by Humans, and those humans have their foibles. But, Al, do not fall for the fallacy that justice is only for whites. Money can buy freedom for people, no matter what their skin color. In a perfect world, justice would be color blind as well as money blind. Sadly, Justice is created and enforced and used by mortals. Lawyers get sneered at often, but many of them got into the trade to help. Money corrupts, that is true. But there are many Lawyers out there who strive to defend clients who are clearly and unequivalently guilty. They do so, because they understand that everyone, no matter who, deserves justice and all the rights and benefits that accrue with that. You are right, there are many who fail to give their best effort, but there are many who don't get their due for giving as strong of an effort as they can, for a suspect that everyone else will call guilty.

    There are millions of cases where guilty people were convicted. There are a minority of people who were wrongly and unjustly convicted. But justice is when we recognize that someone was wrongly convicted, and act accordingly. It might not be enough justice, or timely justice, but our system does try to right the wrongs.
  • Re: And Justice for All

    Wed, May 7, 2008 - 11:46 PM
    The Justice system is broke. In Medieval England, the Shire-reeve would sit in judgment of disputes between villagers. Pretty simple justice system. From that we have evolved into a complex justice system where lawyers battle for their clients like modern day gladiators. But if a person cannot afford the fees for a lawyer, which most people can't, Justice is elusive. Small Claims Courts only take cases up to a couple of thousand dollars. Public Defenders are overloaded with cases. Criminal lawyers are known to plea bargain cases out, because going to court is not profitable, even if you're innocent. Only if you are wealthy enough fight criminal charges, or if you have a lawsuit worth hundreds of thousands of dollars - of which lawyers will take a huge share, or if you can get the ACLU to represent you, do you get your day in court. And then, you may not get Justice, only a decision.
  • Re: And Justice for All

    Thu, May 8, 2008 - 5:34 AM
    I don't think our justice system is damaged beyond repair, but repairs need to begin pretty soon and be pretty extensive. I think the system could work properly if we could eliminate some of the built in biases (for example, that cops are more likely to be telling the truth than the people who are accused) and at least mitigate some of the inherent racism that exists. It's statistically clear that anyone who is not a white is going to face stricter penalties and be less likely to be exonerated.

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