DISPARITY IN JUSTICE EQUALS FAILURE
The American justice system has been broken for a very long time. There has been widespread and disproportionate application of justice for a substantial period of time. Lady justice is supposed to be blind, not stupid. In ordinary terms, the maladministration by law enforcement, through prosecutions and ultimately through judicial sentencing has created and connected a series of dots that has provided the backdrop for a movement.
While there clearly has been a disproportionate impact upon African American and minority communities, there has been no meaningful change in order to address and repair the system. Often times, law enforcement is empowered, in any State, City or local context, simply based upon the provisions and protections afforded by law. In essence, those who drafted the law and those who rule upon the legality of such, decided that the only way to keep officers employed is to ensure that whatever decisions or actions they take are virtually with impunity. Law enforcement understands this and therefore their approach may err on the side of heavy handed tactics.
Recently in Buffalo, New York when two officers were captured on video pushing and injuring an elderly man, they were charged with assault, the entire 57 members of the response team quit in support of the egregious actions the two officers who were charged. Consider for a moment, the officers will have their respective days in court however the very same governing body, law enforcement would forsake the community by resigning. These 57 officers did not resign from the police force. No, they wish to still be paid and have the power that comes with the position. Instead, they are upset that they are now being held accountable in plain view.
Recently, additional unprovoked assaults by law enforcement have been captured on video since the George Floyd murder occurred. The reality of the situation has not truly registered with all of law enforcement.
Minority communities have to be concerned at every interval of criminal justice. With each conviction comes the most important aspect, deprivation of constitutional rights. By way of example, a convicted felon may not vote in most instances. When that is considered, there must be an underlying reason. Simply put, a “convicted felon” can ONLY vote for individuals that are qualified, thus no candidate for President is a felon ( or at least a convicted felon ). It is therefore without doubt that the deprivation is designed to suppress minority voting. There is a theory that the minority, underprivileged and low income will vote democratic. With the overwhelming majority of prison populations classified as minority or low income based in conjunction with the projection that there is an increase in minority representation in the United States, the fear is that a “full democratic vote” will allow a uprooting of power.
In sentencing, there is routine disparity. Although there are many examples across every state, here is one that speaks to the administration of justice…. A white, Henrico County woman had been convicted of murdering her first husband in 1998. She shot him four times in the back, once in the chest. She was sentenced to seven years in prison. She was released after serving just fourteen months in prison. Several years later, the woman struck again. This time she killed her second husband while he was in bed. The husband was found with at least three gunshot wounds to the torso and head. Ultimately the woman was convicted of the second murder as well and was sentenced to fifteen years in prison. Two killings for a total of twenty-two years in prison with only a fraction of that time being served.
By contrast, an African-American man is charged with having constructive possession of a firearm. Constructive possession means not physical control but rather the ability to control the object. Instead of having his case heard in the city in which he resides, with a largely populated minority jury pool, the case was then transferred to a federal tribunal. The jury pool is overwhelmingly white, upwards of ninety-three percent white. Ultimately convicted by a jury, the man was sentenced to a term of twenty-four and one half years in prison. The man had no history of violence.
This is one example of egregious disparity. when there is disparity based upon racial or economical lines, there is no justice. what will you do about injustice in America?