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Does your race and income matter if you face the death penalty?

It is no secret that our country’s criminal justice system has consistently proven to be biased against minority communities of color. Statistics published by the NAACP show that even amongst those found guilty of crimes, African-Americans continue to be disproportionately sentenced to life in prison, face higher drug sentences, and are executed at higher rates when compared to people of other races. Michelle Alexander speaks of a “color-coded caste system” in The New Jim Crow that marginalized communities who encounter the criminal justice system.

Seasoned Texas attorney David R. Dow’s new book The Autobiography of an Execution provides an exploration of the death penalty, written through the eyes of a man who has spent 20 years defending over a hundred death-row inmates, most of whom died, and most of whom were guilty. As the head litigator for the Texas Defender Service, a non profit legal aid organization in the state that boasts the highest number of executions since 1976, Dow presents a powerful argument against the death penalty system. Candidly exploring how he balances such a trying job with being a good father and husband, Dow’s extremely personal book only works to strengthen the argument that the broken criminal justice system operates on a vicious cycle based on racial and economic disparity.

In his book, Dow opposes the unequal basis on which some criminals are sentenced to be executed while others aren’t, and deems the criminal justice system “racist, classist (and) unprincipled.” He opposes the death penalty as a flawed and unjust facet of the criminal justice system. Based on his experience, he notes that while he believes that a majority of the clients he represented were, in fact, guilty, there was very little separating those criminals from others who were guilty of the same crime, other than “the operation of what I consider to be insidious types of prejudice.” Most unsettling is his severe mistrust of members of the justice system – police officers, prosecutors and judges – whom he believes would “violate their oaths of office” and put men and women on death row who they think “deserve to be there”.

In Dow’s exploration of the politics behind the death penalty, perhaps the most tenacious argument against it is the blatant way that the intersections of race and class influence the outcome of a criminal case. Dow says,

…if you’re going to commit murder, you want to be white, and you want to be wealthy — so that you can hire a first-class lawyer — and you want to kill a black person. And if [you are], the odds of your being sentenced to death are basically zero…It’s one thing to say that rich people should be able to drive Ferraris and poor people should have to take the bus. It’s very different to say that rich people should get treated one way by the state’s criminal-justice system and poor people should get treated another way. But that is the system that we have.

Photo courtesy of chicagotribune.com

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Is the criminal justice system “The New Jim Crow”?

Jarvious Cotton’s great-great-grandfather could not vote as a slave. His great-grandfather was beaten to death by the Klu Klux Klan for attempting to vote. His grandfather was prevented from voting by Klan intimidation; his father was barred by poll taxes and literacy tests. Today, Cotton cannot vote because he, like many black men in the United States, has been labeled a felon and is currently on parole. – From ‘The New Jim Crow’.

Placed within the context of the euphoria around the election of President Obama as the nation’s first black President, Michelle Alexander’s first book “The New Jim Crow: Mass Incarceration in the Age of Colorblindness” argues that while on the surface it seems like racial subordination is no longer entrenched in the law books, the truth is Jim Crow laws have simply been redesigned and appropriated by the criminal justice system.

Some shocking stats. One in every eight black men in their twenties are in prison or jail on any given day. There are more African Americans who are in jail, prison, probation or parole today, than were enslaved in 1850. Alexander reacts against the dominant narrative of racial justice which says that while there is still a way to go, America has come a long way from it’s history of racial discrimination, and instead explains the way that the system works to exercise a contemporary form of racial control, a process that continues long after the individuals are officially released out of the system. From Chapter 5 of the book-

The first stage is the roundup [when] vast numbers of people are swept into the criminal justice system by the police, who conduct drug operations primarily in poor communities of color… Once arrested, defendants are generally denied meaningful legal representation and pressured to plead guilty, whether they are or not. Once convicted… virtually every aspect of one’s life is regulated and monitored by the system. The final stage… often [has] a greater impact on one’s life course than the months or years one actually spends behind bars. [Parolees] will be discriminated against, legally, for the rest of their lives-denied employment, housing, education, and public benefits. Unable to surmount these obstacles, most will eventually return to prison and then be released again, caught in a closed circuit of perpetual marginality.

In Alexander’s opinion, far from living in a post-racial utopia, the last few decades have seen the United States move towards a “color-coded caste system” where minority groups are targeted, maligned and marginalized by the criminal justice system. She attributes this increase in the mass incarceration of African Americans over the past thirty years to draconian laws that have been constructed to wage “The War on Drugs”, a battle waged against low-income communities of color, even though research consistently counters the claim that any one racial community uses and sells illegal drugs more than any other.

It’s a moment to contemplate race and class in today’s America. To go beyond the illusion that all is well to a striking reminder that racial injustice is still deeply entrenched in the country. According to Alexander, nothing short of an informed and agitated movement will put an end to this perpetuation of racial inequality in the guise of enforcing justice.

Photo courtesy of newjimcrow.com

POLL: Does the criminal justice system unfairly target communities of color?

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Lou Dobbs to resign from CNN after pressure by advocacy groups

After facing intense pressure for his anti-immigration rhetoric, Lou Dobbs announced his resignation last night to his viewers. He will be replaced by John King.

Wednesday’s program will be his last on CNN, even though his contract was not set to expire until the end of 2011.While his reasons were “some leaders in media, politics and business have been urging me to go beyond the role here at CNN and to engage in constructive problem solving as well as to contribute positively to the great understanding of the issues of our day”, the truth is that intense pressure from campaigns like Drop Dobbs and Basta Dobbs have had a tremendous impact, including the airing of a Drop the Hate ad on MSNBC.

The New York Times reports,

Mr. Dobbs has evolved over the years from a straight-laced business anchor to an outspoken commentator who rails against illegal immigration and taxpayer bailouts, among other subjects. Lately, though, he has saved most of his opinions for his afternoon radio show, which made its debut in March 2008. It is on the radio show that he talked repeatedly about the conspiracy-theory claims that President Obama is not a United States citizen. When he mentioned the citizenship issue on CNN over the summer, his bosses were forced to call it a “dead issue.”

Let’s celebrate the defeat of hate politics and the strength of action when we all rally together.

Are you an authentic American?

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“Police officers giving drivers $204 tickets for not speaking English? It sounds like a rejected Monty Python sketch. Except the grim reality is that it has happened at least 39 times in Dallas since January 2007….All but one of the drivers were Hispanic.”

Reporting on the issue, a New York Times editorial asks the question – is racism alive and kicking in America? If this were a one off incident, it could be an aberration. But 39 times makes it a growing pattern of injustice.

So how does one question who or who is not an American? Does it have to do with language, race, ethnicity, how long one has been in the United States – or is it about the more legal aspect of possessing citizenship.

Recently, an incredible achievement by Meb Keflezighi’s, winner of Men’s NYC Marathon, kicked off a number of doubts about whether this is truly an “American” achievement, or one imported in from outside.

“Meb Keflezighi, who won yesterday in New York, is technically American by virtue of him becoming a citizen in 1998, but the fact that he’s not American-born takes away from the magnitude of the achievement the headline implies.”

Comments from a CNBC Sports Business Reporter who half apologized in a post the next morning.

“Frankly I didn’t account for the fact that virtually all of Keflezighi’s running experience came as a U.S. citizen. I never said he didn’t deserve to be called American.”

Keflezighi came to the United States when he was 12 from war torn Eritrea. Is that enough time for him to be an American? Ironically the last American to win the marathon was also born in another country – Cuba. Alberto Salazar’s comments from a New York Times article are insightful.

What if Meb’s parents had moved to this country a year before he was born? At what point is someone truly American? Only if your family traces itself back to 1800, will it count?

The same article talks about the racial stereotypes that seem to be emerging to the surface.

“The debate reveals what some academics say are common assumptions and stereotypes about race and sports and athletic achievement in the United States. “Race is still extremely important when you think about athletics,” said David Wiggins, a professor at George Mason University who studies African-Americans and sports. “There is this notion about innate physiological gifts that certain races presumably possess. Quite frankly, I think it feeds into deep-seated stereotypes.

So are we heading for a “clash of cultures” figuring out where the identity of America lies. This Huffington Post article has a few answers.

What’s been missing from our national discourse on “is it race or isn’t it?” is the distinction psychologists and neuroscientists have made for over two decades between conscious and unconscious (often called “explicit vs. implicit”) prejudice

Asking what the difference may have been if over the last 25 years, a half million Englishmen a year had entered the U.S., it wonders if

“what turns up the volume on Americans’ feelings about immigration is that immigrants are not white, English-speakers from London but brown-skinned Mexicans who may not speak our language well and don’t share our Anglo-American culture.”

Demographers now place it around 2040 when whites may be in the minority in the U.S. And so it seems, the best way to deal with this reality may be -

“There’s nothing shameful about admitting that you’re among the majority of Americans – of every color – who has sometimes judged another person on the color his skin instead of the content of his character – and then realized it wasn’t fair. The best antidote to unconscious bias is self-reflection. And the best way to foster that self-reflection is through telling the truth in a way that doesn’t make people defensive or point fingers – except at those who wear their prejudice proudly and deserve our scorn.”

Photo courtesy of the New York Times.

Lou Dobbs “Drop the Hate” ad airs on MSNBC!

CNN is feeling the heat because of its primetime anchor – Lou Dobbs. New York Times headlines. Front page of El Diario. Blogs abuzz with news.

Using its four-hour documentary “Latino in America” as a political rallying cry, groups including Drop Dobbs and Basta Dobbs have been laying the pressure on the channel to stop allowing Lou Dobbs from broadcasting hate politics. One example of many: Dobbs falsely reported an explosion of 7,000 cases of leprosy in the United States in the past three years, and blamed Latino immigrants for the perceived increase, a statistic which was been thoroughly debunked.

Now America’s Voice has raised enough money (16,000 dollars!) to produce and air an ad, “Drop the Hate”, that urges CNN to drop Dobbs and his one-sided “news” show. Unfortunately CNN has refused to air the ad.

As America’s Voice puts it, “By refusing to deal with Lou Dobbs and his nightly tirade against immigrants, Latinos, and people of color, CNN is quickly losing credibility as the “Most Trusted Name in News.” As people become aware of the network’s one-sided coverage of immigration, they will start changing the channel.”

And the channel did change to MSNBC where the “Drop the Hate” ad aired on the Rachel Maddow show across Atlanta, Los Angeles, Chicago, New York City, and Washington, DC.

Meanwhile, Lou Dobbs announced yesterday that gunshots were fired at his New Jersey home 3 weeks ago, linking it to “threatening phone calls tied to the positions I have taken on illegal immigration”, but police believe the shots were just from hunters.

Tell CNN’s president Jonathan Klein that he needs to take notice of this growing movement.

Growing insecurity in immigrant communities

Guest Blogger: Joan Friedland from the National Immigration Law Center

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It was refreshing to hear the Department of Homeland Security (DHS) acknowledge something activists have been saying for years: the immigrant detention system operates like the punitive criminal incarceration system, even though the vast majority of detainees have committed no crime. Missing from their announcement, however, was a plan to keep its newly-expanded enforcement programs from increasing the number of immigrants detained in this broken system.

Secure Communities” is DHS’s latest attempt to use local law enforcement to push people into the immigrant detention system. All local law enforcement has to do is arrest someone on a traffic or other offense – even if the arrest is based on racial profiling – and their fingerprints will be checked against immigration databases during booking.  When the fingerprint scan gets a “hit,” immigrants can end up getting carted off by Immigration and Customs Enforcement (ICE) agents to an immigration detention center.  If they get out on bond, ICE can take them into custody, leaving their criminal cases unresolved.  It doesn’t matter if the person was innocent of a criminal charge or if the arrest was a pretext to check immigration status.

Sound scary? Consider this: ICE plans to have the program in every jail and prison in the country by 2013.

ICE isn’t lifting a finger to keep local police from using arrests on minor charges as an excuse to get immigrants into custody.  The available evidence shows that only a small percentage of immigrants caught through Secure Communities were convicted of serious crimes.  But calling all of them “criminal aliens” masks what’s really going on and lets ICE and Congress – which is allocating a whopping $200 million for Secure Communities – look tough on enforcement.

Accountability and transparency are not hallmarks of Secure Communities.  Since the program’s inception in 2008, ICE has reduced the public information about it on the agency website, adding graphics but eliminating details about enforcement priorities. ICE has given conflicting information about whether a community can opt out of the program or just use it to target people convicted of violent crimes.  And ICE doesn’t appear to be collecting the kind of data that would prevent the program from being misused.

The government’s admission that the immigrant detention system is flawed is a step in the right direction. They now need to keep this monstrous system from growing.  Secure Communities will only ensure that the opposite will happen.

Image courtesy of www.ice.gov

Advocacy Groups Demand End to 287(g)

Juana Villegas’s story is a shocking example of what happens when local law enforcement is endowed with the authority to enforce immigration law.

One of the fastest growing programs under this scheme is the 287(g) program. With its growth, we are also seeing an increase in reports highlighting its failures, including an almost complete lack of oversight and as we have seen in Juana’s story, numerous instances of unlawful racial profiling and human rights violations.

On a more important note, the program hinders the ability of law enforcement to accomplish their primary goal – to protect the safety and security of the communities they police. Communities become less safe when crime victims are afraid to cooperate with police, especially victims of violent crimes, because they are afraid of deportation. And we all become at risk when people are afraid of police.

While the Department of Homeland Security has even acknowledged some of its failures, and made some changes, none of this has actually improved the program. This is why a coalition of 500 advocacy groups sent a letter to President Obama last week demanding an end to the 287(g) programs that violate human rights and lead to racial profiling.

Take action now. Send a letter to Secretary Napolitano and stand up for the rights of all people in the United States.