The Best & Worst of Systems

 

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I was reading a column from one of my favorite columnist Sylvester Brown.  He talked about prejudice and a case he served on as a juror for.  This reminded me of an eye opening experience I had as a juror. 

When I got my first jury summons some years ago I remember talking to myself about this great opportunity to serve my community.  I checked in downtown and got my booklet which instructed me on the role of a juror and why I was there.  While waiting I read the book cover to cover.  Going in I knew that I needed to be impartial and to be ready to not allow my personal prejudices to dictate how I would rule on a case.  I was excited to say the least to participate in this most important of judicial processes.

Ahhh the case:

I make it past the first cut where we get to take questions from the attorneys.  The case consisted of a young male accused of selling drugs to an undercover police officer.  The young man was present with his attorney as was the prosecutor.  The laywers polled us by asking questions such as:

a) Do you know the defendant?

b) Have you had negative experience with police officers?

c) Would you need video or audio evidence to convict?

d) Are you more apt to believe a police officer over an accused individual?

Easy enough right?  Just tell the truth.  My answers to these critical questions:  I didn’t know the defendant.  I’ve had negative and positive experience with police officers.  If there was no video or audio I would only evaluate the that was presented.  I am neither apt to believe the police or the accused in any given situation.  Especially as it relates the case at hand.  My evaluation would be strickly based on the evidence presented.  See I had paid attention to my book – AND I meant every one of these words quite sincerely. 

Long story short I didn’t get picked.  Some of those who did however included a gentleman who said he would more than likely NOT believe the police under any circumstances.  And another who said he came from a family of police officers and was likely to believe anything the police would say.  These guys decided the case.  Eventually my time was up.  Three days of pay for reading a couple books, and hours of hurry up and wait. 

I learned a couple of sobering things about jury duty and the judicial system.  First of all the attorneys are not concerned about justice in the strictest terms.  The prosecutor wants a conviction.  Period.  He may have aspirations of being circuit attorney, attorney general, a senator or governor.  If he does not rack up a large number of guilty verdicts his chances for promotion are reduced.  At the same time the defense wants an acquittal.  Doesn’t matter really whether the person did it or not, but rather whether the prosecutor can prove it beyond a reasonable doubt.  The attorneys with the most aquittals command the lions share of retainer fees.  Its all a game and the jury are merely a part of the players.

Second, though a jury are supposed to be made up of peers.  I found that to be a mixed bag as well.  Listening to some of those people talk I knew damn well I would never want them sitting on any jury I was counting on if I was faced with doing time.  Lets just say many were without much depth.  Some only complained about not wanting to be there.   And that they would rather be home watching Judge Judy or something.  This was especially disheartening when I heard African-American women complain this way.  After all black folk get the brunt of the short end of the justice stick.  And while they don’t want to serve – let alone serve with honor they are the first to complain about the all white jurors who hung ‘Lil Ray Ray’ out to dry.  I gave them sisters a piece of my mind and explained to them that serving was an opportunity to have a say within their community and being an active participant in the justice system.  I asked if it were them on trial, or their sons or brother or cousin, would they want a juror with their attitude to determine their loved ones fate?  (Let alone if any of them were being tried themselves…)  Some shot me a look of death.  And others thought I had a good point. 

The conclusion is that we in America do indeed have the best system in terms of the idea and the model.  But there is no way to legislate righteousness and once the details are executed with people who have motives that may or may not have to do with truth or justice, the system can get out of whack.  Its a serious thing being caught up in the system.  If you have loot there is a better chance of having decent representation.  One can get investigators, doctors, psychologist, forensic experts ect. to speak on behalf of ones case.  But if your broke, the case can be as flimsy as a wet t-shirt at the Hooters beach party against you and you could still be a goner. 

Nevertheless, I advocate that those of us who are of sound mind, logical, reasonable, and compassionate should do all we can to serve on a jury when called upon.  We may not have the education that the lawyers have, but we still have the last say in most cases for common sense to rule in these complicated issues that effect people’s lives.  Be the juror you would want to have. 

Peace

Black on the 4th of July

 

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As this nation celebrates its 238th birthday I am annually conflicted with the holiday.  For me, its a day off work and in this case paid I may add so its all good.  As a youth it meant fireworks, hotdogs and picnics.  I don’t recall a lot of talk about independence from England with the exception of 1976.  That was the 200th year or Bicentennial.  Otherwise, back then as it is today its about the festivities and in some years as this one a three day weekend.

As an American of African descent I am not sure how to comprehend this day.  I love my country for sure.  I love it enough to embrace its virtues and criticize its faults.  I am a patriot but not a nationalist.  Also I happened to have recently read Dick Gregory’s book “Callous On My Soul.”  Talk about great Americans… Gregory is one of the greatest Americans we have ever produced.  Anyway, in this book I have learned so much more about both the virtues and vices of this country we call America.  And considering the racism, classicism, poverty, and arrogance we so readily embrace, as a young nation we still have far to go to be as great as we think we are.  In many ways we live in separate Americas.  One for white and one for black, one for rich and one for poor.  One for those who are in and another for those who are out.  And yet when we celebrate these type of holidays we are expected to embrace the meanings in the same fashion.

I think of September 11th and how that forever changed many in America in terms of how they viewed their own patriotism and vulnerability.  But what about the many people of African descent, Native American as well as poor whites have viewed their patriotism and vulnerability.  For this I reference Gloria Ladson-Billings who argues:

Over and over people in this country describe the world as pre-September 11 and post-September 11.  Yes, this is a significant date, for now, but it takes history to determine whether or not it will become a teleological fault line.  For me time and chronology can be divided in an infinite number of combinations: Pre-April 4, 1968 (assassination of MLK) and post-April 4, 1968, pre summer of 1963 and post-summer of 1963 (bombing of the little girls in the Birmingham church), pre-summer of 1955 and post-summer of 1955 (murder of Emmett Till).  Each of these events made me feel less safe, less secure, less able to lay claim to any notion of myself as American. 

This illustrates a voice of Americans rarely heard and mostly ignored.  This makes sense in that in 1776 independence was not meant for people who were not Europeans.  So in essence the freedom they sought was also freedom to hold and sell slaves, freedom to rape and oppress others etc.  And even if one does not believe in reparations certainly a sincere apology may be at the very least useful.  This probably won’t happen in my lifetime – and thus the conundrum.

As Michael Eric Dyson explains in his book, Pride, “During July 4 celebrations, some blacks spurn the holiday altogether, because the freedom celebrated is segregated by skin color and even class at times.  They resonate with Langston Hughes’ plaintive poem. “Let America Be America Again,” when he says, “America never was America to me/…(There’s never been equality for me, /Nor freedom in this ‘homeland of the free.’)  Other blacks are torn.  One the one hand, they completely resonate with their bitterly disappointed brothers and sisters.  One the other hand, they acknowledge that black blood, sweat, and tears have built this country.  Hence they echo Martin Luther King Jr. when he declared, “I ain’t goin’ nowhere.”  King was responding, perhaps to mean-spirited critics who would dare deny blacks who fought for the nation’s freedom their right to criticize American in love as a gesture of profound patriotism.  Such critics use a pat line that is truly trite: “If you don’t like America, go back to where you came from.”  But as Deborah Mathis says of blacks, “Most of us – 91 percent – were born and have lived only here.” 

The Seven Deadly Sins

One thing is for sure… without the diversity that is evident in this nation – America would not be what it is today.  By this I mean in terms of industry, commerce, and culture.  And good bad or indifferent, people of color ARE and will always be a large part of America.  I close with the words of Stevie Wonder who in his song Black Man (written for the 1976 Bicentennial celebration) spoke truth to power when he said:

Now I know the birthday of a nation
Is a time when a country celebrates
But as your hand touches your heart
Remember we all played a part in America
To help that banner wave

Complete Lyrics of Black Man

…the story goes.

With the news today that once again New York City cops got off with shooting an unarmed black man 50 times, this video of a white minister discussing The Rev. Jeremiah Wright is all too telling.  Its a bit long (9min) but worth your time.  Dare I say it… he broke it down!  Amerikkka still doesn’t want to hear the truth.