It is a fact that we have been marginalized as African American men in the American society. This is not, self pity nor is it an attempt to evoke pity. I am merely stating what I believe to be true. African American men in general have done and continue to engage in self destructive activities. (ie. selling drugs, black on black crime) This is done in response to environmental factors that dictate the daily life of many African American men. However, most African American men have not hurt anyone, have never committed any felonies against persons, or necessarily done anything that I consider criminal. Until they have contact with the criminal justice system, typically for minor offenses, everything changes. Stigmatization, labeling, and the stereotypes, occur all at once and the African American male is no longer a young man but is now a "Criminal." The term criminal and the records containing criminal offenses are forever attached to the individual and internalized. With that in mind, I have encountered numerous barriers due to a domestic dispute and DUI on my “criminal record.” As a matter of fact, I have been denied numerous jobs that I was otherwise qualified to do because of my infractions. The government has chosen to blindly prosecute any African American male to the fullest extent of the law to inhibit his ability to be successful in this life. My misdemeanor convictions have barred me from entry into the workplace in many situations, certain professions, and therefore the pursuit of life, liberty, and happiness. I recently read a book by Michelle Alexander called The New Jim Crow: Mass Incarceration in the Age of Colorblindess. This book opened my eyes to the race-related and political phenomena going on in the post civil rights era in America. The current levels of mass incarceration are entirely unsustainable but have worthy targets. Young African American men make great candidates to be targeted, profiled, charged, and then warehoused in prison. Once the label of ‘criminal’ or ‘felon’ is attached, African American males are forever trapped as second class citizens. The US criminal justice system uses this stigma in the continuation of traditional and new forms of discrimination. Primarily African American men and to a lesser extent Latino men are marginalized by legal discrimination measures in employment, education, and voting rights. We all know that every single company, business, and organization- private or public will ask for a criminal background check. Not necessarily stating that this is a bad thing. However, whenever a certain segment of the population, in this instance, African American men are 50 times more likely to have involvement with the criminal justice system than their Caucasian counterparts, it is a travesty. Without the ability to earn a living wage people will find an alternative. In doing so they will only perpetuate their involvement in the criminal justice system and the process will continue. I am a living example, of how a somewhat intelligent, African American male can be stigmatized and marginalized because of his youthful inability to conform to the standards set forth by the majority population. I want to do so much to be an asset to my community. I’m sure that the only way to garner human rights and gain equality is through the practice of law.
This Blog is a common sense approach to 'calling out' abuses by police, prosecutors, and the criminal justice system. Black men beware! The system is out to get you.
Sunday, December 9, 2012
Guilty Until Proven Innocent
One might believe that I write this blog because I am a victim of racially motivated police
brutality. Absolutely right!I was severely injured and now have a pending federal lawsuit. It
happened in October of 2010. I was with my fiancé and another female friend. My
vehicle was parked and the two women were arguing as women sometimes do. The police swarmed us, guns drawn they ordered
us to the ground, sprayed me with pepper spray, tackled and assaulted me. Yes, it happened that quick in that order. I was subsequently charged with disorderly
conduct and two counts of resisting arrest. One count for each officer that
turned and assaulted me! This was the most disappointing day of my entire
life. I lost faith in police and
realized that I must do something to defend innocent African American males
from unwarranted brutality. Becoming an Attorney is front line action. The case
was dismissed in the preliminary hearing stage without prejudice because the
police never showed up. The police figured that I was most likely uneducated,
had a criminal record, was on probation, or worse. They were wrong. However,
the assistant DA refilled the charges. The charges were once again dismissed on
a motion that there was no evidence to prosecute. The assistant DA appealed the
decision to the Superior Court in order to soften the blow from the civil suit.
The Superior Court reversed the decision of the County Judge. My Attorney then
appealed to the State Supreme Court but they would not hear the case. So I will
be going to trial for trumped up charges. My defense has cost me over 8000 to
date and another 4000 more due. The agony and stress of having pending charges
and being in the criminal justice system is hard to deal with. In theory,
Americans are innocent until proven guilty but anyone that has felt the wrath
of the criminal justice system knows different.Anyone with pending charges will not be obtain gainful employment unless they are self employed. I have been labeled but I will not go down without a fight. I will
never make the mistake of taking a plea for something that I did not do in order to reduce the charges, reduce the Attorney fees, and inconveniences associated with criminal charges. It is very possible that you will lose your job, money, respect, family, and end up worse off than you can imagine with an encounter with the police.
Throughout
my life and my experience, the law has been there to protect me as a citizen in
the greatest country the earth has ever seen. It has also been a thorn in my
side in my quest for success in life. African American men must wake up and not
allow injustices to be done to them. We can not make mistakes. One mistake can cost you
your life and doom one to lifelong poverty.
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