Showing posts with label justice. Show all posts
Showing posts with label justice. Show all posts

Saturday, April 14, 2012

This made me cry



Since Zimmerman's arrest 7 weeks after Martin's death, we are finally on the road to something we've come to call "justice". But that word seems so thoroughly inadequate. A world where things like this can happen and no one cares for so long and mothers have to feel this way about their sons and five year old boys ask heartbreaking questions should never be called "just". Where is the justice in these kinds of fears?

Thursday, September 22, 2011

"There ain't no justice, there's just us..."

the above lyric is a line from the chorus of The City High Anthem, and though they're singing with regard to a particular generation of underprivileged Black urban youth, I think people worldwide, and particularly Black peoples in the United States, find these words resonate with even more intensity in them tonight. 

Let me preface this by saying that I try, whenever possible, to be a proud American. I've had inter/transnational roommates chide me for being patriotic to a fault. Though this is no longer the case, I once regarded myself as "American" before "Black". Under normal circumstances, I will refuse to say "under God," but otherwise will pledge my allegiance to our flag and feel only positivity swell in my heart. Tonight, though, I will avert my eyes from wherever I might see this flag on my cross-campus walk. Tonight, I wear my American identity with shame, for I have been reminded that we do not always practice what we preach. I have been reminded of hypocrisy. I have been reminded of dishonor. I have been reminded of the harshest forms of prejudice. I have been reminded of systemic racism. I have been reminded of ideals that are only upheld for those deemed "ideal."

At 11:08 pm, an event transpired in the state of Georgia that can be properly referred to solely as a legalized lynching. 

Before I was born, Troy Davis, a 20 year old Black man, was found guilty of the murder of an off-duty White police officer, despite the fact that no physical evidence could be found linking him to the crime. The murder weapon was never located. At the time of his trial, nine witnesses swore before God, a judge, a jury, and a nation to various details cementing Davis's guilt. He was convicted and sentenced to death. 

In the 22 years since, seven of those nine witnesses have either fully or partially recanted their testimonies, saying they felt pressured by the police to implicate Davis. The gun has still never been recovered. Rumors have been circulating for years that one of the witnesses in Davis's trial, Sylvester "Redd" Coles, actually committed the murder, but no formal investigation has ever been launched against Coles. Each time Davis has filed for an appeal, he has been denied, with the courts citing a lack of "substantive claims" of his innocence, and dismissing the recants as "unpersuasive." 

From Wikipedia:
In August 17, 2009, the Supreme Court of the United States, over the dissenting votes of two justices, ordered a federal district court in Georgia to consider whether new evidence "that could not have been obtained at the time of trial clearly establishes [Davis'] innocence". The evidentiary hearing was held in June 2010, during which affidavits from several prosecution witnesses from the trial changing or recanting their previous testimony were presented; some affiants asserted they had been coerced by police. The State presented witnesses, including the police investigators and original prosecutors, denying any coercion. Other witnesses who had not testified at trial asserted that Coles had confessed to the killing, but this evidence was excluded as hearsay as Coles was not subpoenaed by the defense to rebut it. In an August 2010 decision, the conviction was upheld by the U.S. District Court for the Southern District of Georgia, which described defense efforts to upset the conviction as "largely smoke and mirrors".
 At this time, I would like to examine the legal definition of the phrase "reasonable doubt," as coined in the Fourteenth Amendment to our United States Constitution:
"The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty."
Please note that that says innocent until proven guilty, not guilty until proven innocent. The prosecution's case against Troy Davis was grounded entirely on circumstantial evidence, coerced and recanted witness testimony, and a dismissal of sworn witness testimony that SOMEONE ELSE HAD CONFESSED TO THE CRIME. How does any of that leave us within the boundaries of reasonable doubt? 

A hundred years ago (and more recently), in the state of Georgia (and elsewhere), when a Black man was accused of committing an offense against a White, his Constitutional right to a fair trial by a jury of his peers was conveniently overlooked. He saw no jury, no judge, no courthouse. If he were lucky, he saw torches, heard the mob coming. If he were lucky, he could get away. Thousands of Black men, women, and children were not lucky. They were not tried. Declared guilty by default, as a fact of the color of their skin and the nature that presumably accompanied it, they were kidnapped, tortured, hanged, riddled with bullets, burned [though not necessarily in that order]. Their images were printed on front pages and postcards, their body parts were auctioned off to the highest bidders, community members who wanted a souvenir.

Though they have varied their methods with time--substituting a fixed trial with incapable public defenders and coerced witnesses for the previously non-existent trial, the emotional torture of caging a boy for the entirety of his manhood for kidnapping and physical torture, and a lethal injection for the satisfaction of hearing a neck snap--you cannot tell me they do not still lynch Black men in the state of Georgia. The only difference is the entire process is entirely legal, rather than extralegal now. You cannot tell me Troy Davis's rights were upheld. You cannot call this justice. I see only predeterminism and vengeance, and when these things are idolized in the place of justice, America has failed itself. These cannot be equated. I am neither comfortable in my own skin or with my own patriotism in the face of a system that does not know the difference, with checks and balances that are meant to help allowing states to get away with murder.

I am not a religious woman, but with everything in me, I hope that Troy Davis finally knows freedom. I also hope that we remember that the irony of the "I am Troy Davis" campaign launched this week to protest his impending execution is that there many Troy Davises spread around the country (Mumia Abu-Jamal, anyone?), probably thousands around the world. Even in cases where guilt is unequivocal, is retribution ever truly just? My friend Brittney's family did not call for it, even when the grief and rage seemed overwhelming. I will admit that there are some crimes so heinous that my first reaction is you, offender, do not need to live any longer. This is primarily reserved for people who rape and murder 27 women and make suits out of their skin, etc. But taking a life should never make one sleep easier at night. Inflicting more of the seemingly unbearable and insurmountable pain one person's loved ones had to go through when they were taken onto another person's loved ones...why is this something to pay forward?

I will never get a Twitter because this rant is almost 1400 words long and that's the way I like it, but so that I may stand in solidarity, I would re-tweet this all night:

#toomuchdoubt

Monday, July 4, 2011

2nd 30 Day Letter Challenge: Day 17--Letter to a Politician: Freddie D and my thoughts this 4th of July

Dear American Politicians,

This letter contains excerpts from Frederick Douglass's 1852 speech, "What to the Slave is the Fourth of July?" 
1. "This, for the purpose of this celebration, is the 4th of July. It is the birthday of your National Independence, and of your political freedom. This, to you, is what the Passover was to the emancipated people of God. It carries your minds back to the day, and to the act of your great deliverance; and to the signs, and to the wonders, associated with that act, and that day. This celebration also marks the beginning of another year of your national life; and reminds you that the Republic of America is now 76 years old. I am glad, fellow-citizens, that your nation is so young. Seventy-six years, though a good old age for a man, is but a mere speck in the life of a nation. Three score years and ten is the allotted time for individual men; but nations number their years by thousands. According to this fact, you are, even now, only in the beginning of your national career, still lingering in the period of childhood. I repeat, I am glad this is so. There is hope in the thought, and hope is much needed, under the dark clouds which lower above the horizon. The eye of the reformer is met with angry flashes, portending disastrous times; but his heart may well beat lighter at the thought that America is young, and that she is still in the impressible stage of her existence. May he not hope that high lessons of wisdom, of justice and of truth, will yet give direction to her destiny? Were the nation older, the patriot’s heart might be sadder, and the reformer’s brow heavier. Its future might be shrouded in gloom, and the hope of its prophets go out in sorrow. There is consolation in the thought that America is young. Great streams are not easily turned from channels, worn deep in the course of ages. They may sometimes rise in quiet and stately majesty, and inundate the land, refreshing and fertilizing the earth with their mysterious properties. They may also rise in wrath and fury, and bear away, on their angry waves, the accumulated wealth of years of toil and hardship. They, however, gradually flow back to the same old channel, and flow on as serenely as ever. But, while the river may not be turned aside, it may dry up, and leave nothing behind but the withered branch, and the unsightly rock, to howl in the abyss-sweeping wind, the sad tale of departed glory. As with rivers so with nations."
 So today I ask, is America still young? 235 years is much longer than 76, but cannot hold a candle to thousands, as Freddie D suggests so eloquently. So do we still have time to work things out and became a nation whose values are not, in any way, hypocritical? Do we still have time to develop the backbone to stand for things we believe in rather than fall to popular opinion? Do we still have time for popular opinion to become informed? Do we still have time to care, to see the bigger picture, to remember the meaning of the word democracy? Or has our window for greatness closed? If all the masses do to observe today is barbecue and drink and watch some fireworks, who will remember the gritty history and the gritty details of the present? Sometimes I feel like we as a nation are hungover after having gotten drunk on our own ideals, and now we're too out of it to do anything but lay in bed with a cold compress and watch it all play out. We need to wake the fuck up and do something. That's the meaning of independence. In that vein:

2. "We have to do with the past only as we can make it useful to the present and to the future. To all inspiring motives, to noble deeds which can be gained from the past, we are welcome. But now is the time, the important time. Your fathers have lived, died, and have done their work, and have done much of it well. You live and must die, and you must do your work. You have no right to enjoy a child’s share in the labor of your fathers, unless your children are to be blest by your labors. You have no right to wear out and waste the hard-earned fame of your fathers to cover your indolence."
 Next I say that having never really experienced any other part of the world, I am patriotic almost to a fault. Though I hope to do some traveling eventually at some point, the US of A is the end-all be-all for me, and I'm okay with that. There's nothing I'd rather be than American. There is nothing I would rather be than a black American, but that means that, like Freddie D all those years ago, I would like to call attention to the things America overlooks as we celebrate ourselves today. He calls attention to the peculiar institution of American slavery:
3. "I shall see, this day, and its popular characteristics, from the slave’s point of view. Standing, there, identified with the American bondman, making his wrongs mine, I do not hesitate to declare, with all my soul, that the character and conduct of this nation never looked blacker to me than on this 4th of July! Whether we turn to the declarations of the past, or to the professions of the present, the conduct of the nation seems equally hideous and revolting. America is false to the past, false to the present, and solemnly binds herself to be false to the future. Standing with God and the crushed and bleeding slave on this occasion, I will, in the name of humanity which is outraged, in the name of liberty which is fettered, in the name of the constitution and the Bible, which are disregarded and trampled upon, dare to call in question and to denounce, with all the emphasis I can command, everything that serves to perpetuate slavery-the great sin and shame of America! "I will not equivocate; I will not excuse;" I will use the severest language I can command; and yet not one word shall escape me that any man, whose judgment is not blinded by prejudice, or who is not at heart a slaveholder, shall not confess to be right and just. But I fancy I hear some one of my audience say, it is just in this circumstance that you and your brother abolitionists fail to make a favorable impression on the public mind. Would you argue more, and denounce less, would you persuade more, and rebuke less, your cause would be much more likely to succeed. But, I submit, where all is plain there is nothing to be argued. What point in the anti-slavery creed would you have me argue? On what branch of the subject do the people of this country need light?"
I would like to call attention to its lasting effects, as well as to the lasting effects of the fourth value this country was raised on: 'life, liberty, the pursuit of happiness[, and patriarchy].' I want to ask you, America, whether you are celebrating poverty and the disproportionate percentages of women, children, and people of color [and their women and children most of all] who fall below the poverty line in this country. I want to call attention to the wage gap between men and women. I want to call attention to the fact that, according to multiple very-well run audit studies by one of my professors, Devah Pager, it is easier for a white man with a criminal record than a black man with no criminal background to get a JOB in this country, and that was BEFORE the recession hit. I want you to remember the founders' cries of "No taxation without representation!" and ask yourself who exactly our legislators represent. Is the nation's best interest those of its richest or its poorest? America, are you celebrating our failing public schools? Our inability to truly separate church and state and recognize love in all its forms? The tightening and tightening of border control and anti-immigration sentiment in a land that once proclaimed 
"Give me your tired, your poor/Your huddled masses yearning to breathe free" --Emma Lazarus, "The New Colossus", mounted inside the Statue of Liberty
America, have we EVER truly been the land of the free? Certainly not when my man Freddie was talking to you, certainly not now while we have the highest incarceration rates in the entire world. Certainly not now when getting caught with a bag of weed can lose not only your liberty, by sending you to prison, but also silences your voice (as many states ban ex-felons from the ability to vote), and makes it impossible to break the cycle of poverty and self-destruction (as you cannot receive federal financial aid or welfare).
"What, to the American slave, is your 4th of July? I answer: a day that reveals to him, more than all other days in the year, the gross injustice and cruelly to which he is the constant victim. To him, your celebration is a sham; your boasted liberty, an unholy license; your national greatness, swelling vanity; your sounds of rejoicing are empty and heartless; your denunciations of tyrants, brass fronted impudence; your shouts of liberty and equality, hollow mockery; your prayers and hymns, your sermons and thanksgivings, with all your religious parade, and solemnity, are, to him, mere bombast, fraud, deception, impiety, and hypocrisy—a thin veil to cover up crimes which would disgrace a nation of savages. There is not a nation on the earth guilty of practices, more shocking and bloody, than are the people of these United States, at this very hour.
Go where you may, search where you will, roam through all the monarchies and despotisms of the old world, travel through South America, search out every abuse, and when you have found the last, lay your facts by the side of the everyday practices of this nation, and you will say with me, that, for revolting barbarity and shameless hypocrisy, America reigns without a rival."
So I ask you, how much has changed? I don't want to feel like I've abandoned my people--American women, American children, American people of color--by wearing my red, white, and blue today.


Maya