So I have recently discussed race in America, specifically the inequality of law enforcement and punishment (at Black Entertainment USA and here). Sean Bell, Wesley Snipes, Megan Williams, the Jena 6 and others are but a tip of the iceberg of failure in some aspect of the legal system. From the failure to prosecute, failure to convict, the rush to presume and proclaim guilt, and the retroactively excessive and (in my opinion) abusive sentencing there is nothing that is balanced about Justice in America.

Now add to that a case I have read about today. By the way, if you are African American and live in Texas, especially Dallas, don’t ever get arrested. Because there is a real chance you will get convicted and in the worst case you will be sentenced to death. Such is the case of James Lee Woodard.

James Lee Woodard is an innocent man, wrongly convicted of murder in 1981. It has taken 27 years and the efforts of the Innocence Project to provide him a DNA test proving his innocence. And if you wonder why he had to wait for them, it’s because the legal system willfully ignored him. Mr. Woodard filed 6 writs with appeals courts and 2 requests for the DNA tests (that would eventually free him). Instead of considering his pleas he was labeled a writ abuser and ignored.

Imagine that. You are innocent, and your request to be proven so is brushed off as annoying chatter.

There was a study by the Justice Department (A Broken System: Error Rates in Capital Cases, 1973-1995) that stated in 22 years there was no proof of a wrongly executed person. Yet 500 were executed in that time frame. Mr. Woodard was convicted in that timeframe. So if he was never given a DNA test, and executed the DOJ would have still claimed no error. Thus the question must be asked, how many have been denied a DNA test and executed wrongly?

Why is the DNA so important? Why is this such an abomination of justice? Because Mr. Woodard was convicted by 2 witnesses – of which one recanted their testimony in court documents and the other is stated as being completely unreliable (now). And Mr. Woodard is not alone.

In Texas 31 people have been found innocent by DNA testing. 18 were convicted in Dallas alone. Both of these are national highs. How many have not been heard because they have claimed their innocence too much? Because the ears of the Justice system close quickly. Especially when the fact is that Blacks, nationwide, are more likely to be convicted of a violent crime than any other racial group in the nation.

In a culture that is rife with cases where African American males are repeatedly targeted for senseless murders by law enforcement officers, and the legal system is prone to handing out the harshest penalties, can we afford to have closed ears? How often do we hear of Black men, convicted by eyewitnesses that are wrong or knowingly guessing and legal procedures that are unbalanced, being released after decades of incarceration?

What about cases like Genarlow Wilson, a young Black youth convicted to 10 years in a case that even the most jaded would call overly excessive. What about Wesley Snipes who was given the harshest possible sentence to make up for the fact the Government failed to get a conviction on felony charges – that a jury of his peers found him innocent of. What about a judge penalizing witnesses for the prosecution for their dress code and attitude by absolving the defendants of guilt without the benefit of a jury or the defendants testifying (the Sean Bell case).

Like politics today, where issues are abandoned in pursuit of the character of individuals not up for election, where is the justice?

America has issues. Many want to hide their heads in the sand or stick fingers in their ears rather than deal with the uncomfortable truth. America is as biased and racist as it was in 1950 or 1860. We just dress it up better.

So what can we do? What is possible for the public? Everything.

Write to your Congressional representative and Senator. Have your friends and family, your schools and classmates, your job and co-workers write. Post up blogs, and speak at community events. Be involved in your community and vocal at public discussions. Write a blog or make a website. Act.

Because if you are waiting for someone to act on your behalf you may wind up like the person in a joke I once heard:

“There is this guy in his house. He hears on TV that a flood is coming and he should evacuate. He prays to God to save him and goes about his day at home. The flood waters start to reach his house when a police officer drives up and tries to get him to leave with him. The man refuses saying – I’m a good man. I pray to God and have strong faith. God will save me.

The waters continue to rise and fill the 1st floor of his 2 story house. A man in a row boat comes up and begs the man to get in. He refuses again saying – I follow my faith. I love God, and pray often. I have faith, God will save me.

The floodwaters rise further and the man is forced to his roof. A helicopter comes by and pleads with the man to grab a ladder and fly off with them. Adamant the man stays shouting – I prayed to God and he will save me! I have faith!

The man dies from drowning in the flood. In heaven he sees God. He asks God why he didn’t save him.

God says, “You are a good man. You have strong faith and lived well. I heard your prayers. So I sent you a cop in a car, a guy in a rowboat, and a helicopter. What more did you want me to do?”

Labels: american justice, Black Entertainment USA, Dallas, Innocence Project, jena 6, legal system, Megan Williams, Sean Bell, Texas, Wesley Snipes

Concluded from Facts are not as important as myths Part 3...

Does the Black community have problems? Of course we do. So does every community. But the press is all over every misstep and poor decision of Blacks. It’s so extreme that similar crimes, executed or reported at virtually the same time, are not discussed by the major media in equal amounts of time. The African American suspect is featured overwhelmingly, even if the White criminal is red handedly guilty.

Given the facts of the numbers what can we conclude by the actions that happen daily in this nation? That there is a prejudice that has never gone away; but has evolved to present itself in quiet and somewhat more subtle ways. Since the first slave boat arrived in the colonies, Blacks have been seen as dangerous and wild. Today we get the same almost subliminal message. And some wonder why there are tensions between races.

Let me be clear. I am not denouncing Whites. I am not absolving African Americans. I am not saying more than what I have observed and the numbers state. I am constantly questioned how I can claim the media, or the legal system is bias. I am confronted when I comment on the absurdity of White privilege. I am insulted when I point out observations that run counter to historically held ideals.

But I merely state what I notice. And I will continue to do so. I love America, even with these flaws. I stand by this nation, right or wrong. I will defend this nation, even when it wrongs me. I do this because it is the greatest nation on the planet, and it is capable of becoming even more. But you cannot become better without effort and pain. If what I have written makes some uncomfortable, if that discomfort leads to a better more equal America, then I am happy. That is my intention.

But what do you think?

Stats are from:

• 1.http://www.fbi.gov/ucr/ucr.htm



• 2.http://www.ojp.usdoj.gov/bjs/welcome.html

Labels: American Slavery, Black community, legal system, news media, racial controversy

Well I just want to say a quick word on the Duke Rape case. Now that the 3 guys have had the charges dropped, a year of equality in the justice system has ended. I’m serious.

For the last year we have seen anger in white men about the miscarriage of justice they claimed occurred against these kids. In the last year they have had a chance to get a taste of the imbalance that can occur when a prosecutor decides he wants to go after a defendant. They got a glimpse of what Black men get all the time.

There is no question that if this was the Duke basketball team, and there were 3 Black Americans charged with raping a white stripper, they would have been convicted regardless of the DNA evidence or changes in the victims story. I have no doubt of this. Every media source would have been screaming for their conviction from day one. I have no doubt of this.

But in this case they got a moment of what it feels like to be railroaded. And the net effect is that the system has flaws, and many of them are based in race. Those race based flaws are not in favor of African Americans, but when they sway the other way they seem to get America’s attention. It’s like the one other notable case that America can’t get past, OJ Simpson’s trial.

When the system works in favor of people of color to the same degree it works against them, people lose their minds. It would be funny if it wasn’t so serious. And now the cries of how the boys lives have been destroyed. I don’t think so. Several of the kids from the team have graduated, with decent (3.52 gpa’s as I recall) grades and no backlash. A couple of the kids have returned to Duke to continue their college. They all have been exonerated. The email that was sent after the alleged rape has been forgotten a long time ago.

The kids had a very bad year. How many times do we see African Americans that are released from prison because evidence is found, or the case is reviewed and bias is determined as the reason for their conviction? That is a life ruined. This is just a life that has been in discomfort for the lacrosse team. I don’t feel bad for them.

I’ve said this before, I’ll say it again. I want to see the media put this kind of pressure and influence behind a Black defendant the next time there is a questionable case. I want to hear the media declarations of innocence for a poor black kid. It won’t happen, but I’d like to see that. Especially from those that are losing their impartiality at Fox News.

And I’d love to see the outrage when, let just say as an example, 2 teenage white girls rob a bank in the south let’s say near Atlanta (without weapons) and the charges are dropped from a felony charge to misdemeanors even though they were caught on tape doing this felony crime, and witnesses saw them, and they bragged about it as they went on a shopping spree for 2 days afterwards. Robbing a bank is a felony, where is the outrage at the miscarriage of justice there? Do you think for a second I would be treated in anything like the same casual, light-handed treatment?

Wait a second. Fox News is going to reveal the name of the accusing rape victim?? Even without the charges, this is a wrong thing. I’ve never heard of such a thing. Yeah, this is fair. And her PHOTO!!! So this is fair? What a nice first. And her age and family background. Might as well give away her address. And her past history!!! This is so wrong.

This is what I think, what do you think?

Labels: Duke rape case, legal system, oj simpson, rape allegations

I’m sure most have heard of the two 19 year-old girls that walked in and robbed a bank Thursday. It’s made the national news, and had lots of local coverage from what I gather. No weapons were used, and it now seems that it was at least in part an inside job as an employee of the bank has been arrested as well as the 2 girls.

What you may not have heard, and is not making major news is that the robbery is now being called a theft. You may say so what, but it makes a big difference. If it’s robbery of a bank then it’s a felon and that’s major time. If it’s theft then it’s a much lesser charge. I believe the difference is 10 – 15 years in jail time and having a record of a felony following you for the rest of your life. In essence the road is being paved to let these 2 girls walk away from this now high-profile crime with the equivalent of a slap on the wrist.

Now imagine if I made this robbery. I doubt whether or not I had an inside accomplice that the charge would be lessened to theft. I seriously doubt that the news media would regard my actions in the light-hearted manner in which these girls have been. There would have been an immediate man-hunt. Rumors of a hidden weapon used in the crime would be rampant. The community would be in arms about violence and the undisciplined youth of today. Allegations of drug use would pop up. And several media sources would call for my incarceration at the most extreme penalty of the law to make an example of me.

What is the difference? I’m not a teenage, white, woman. Does that change the crime? No. Does it affect what has happened? No. Does it affect how the legal system will be applied? Apparently it does.

This kind of unbalanced application of the law and penalties is something that every minority in the nation is aware of intimately. If it were 2 Latina/Hispanics, or Asians, or Black women nothing about this case would be similar. Stand back if it were 2 young girls that were Arab, Muslim, or looked like either of those. There would have been cries of terrorist connections and probably crowds of vigilantes roving the streets in pursuit of them.

I mentioned this story to two friends, a Black woman and her husband who is White. In telling them the story I left out the color of the 2 girls. When I asked what the charges should be they thought it was obvious that it was a felony. They were amazed when I said the charge was theft. The amount of money taken qualified for Grand Theft, which is a felony and it’s a bank even with an insider involved. The husband noted because of the insider it can be considered embezzlement. As they were bedazzled by this I told them the race of the women, and their reaction was swift and sharp. The whole thing was being washed away they stated. The fact that it was unbalanced application of the law made sense, once the race was known. Considering it was the Atlanta area they had assumed that the girls were Black.

Many may question why race is such an issue in America. Some argue that we have grown beyond the need to continue to fight racism. But events like this highlight the fact that the problems are persistent. We cannot expect anyone to believe that there isn’t a problem when the punishment for crimes are handed down on a sliding scale of justice.

This is what I think, What do you think?

Labels: american justice, bank robbers, legal system, race in America