African American
Related: About this forumConvicted by an All White Jury~ The stolen lives of Black Men
Bravenak
The Civil Rights Act of 1875 extended the rights of African-Americans, allowing them public accommodation and the right to participate in juries. In 1883 the Supreme Court overturned the act with an 8-1 majority, leading to the 1896 Ferguson v. Plessy decision which enshrined the unofficial Jim Crow codes into law. Years later, our society is still suffering the effects of these laws, with many black men being tried, not by a jury of their peers, but by all White juries, resulting in convictions for innocent Black men. Recently, with the spread of DNA testing and improved forensics, we are seeing a wave of black males being exonerated and set free after many years in prison. Here are a few cases from the first 15 years of the millennium.
Case # 1 Marvin Lamont Anderson
In 2001, DNA testing exonerated its 99th man, permitting Marvin Anderson to walk free from prison.
As an 18-year-old young man, Marvin was convicted by a jury of Robbery, forcible sodomy, abduction, and two counts of rape on December 14, 1982. He was sentenced to 210 years in the Virginia State Penitentiary. Mr. Anderson spent 15 years in the prison before being released on Lifetime Parole. He then embarked on a long, hard journey to clear his name.
The victim in the case, a young white woman, had been approached by a black man while she was riding her bike. He brutally raped and sodomized her. During the encounter, the suspect told the victim that he had a white girl of his own. During the investigation, a police officer singled out Mr. Anderson, as he was the only black man who the officer knew of that was living with a white woman.
Mr. Anderson had no criminal record, so the officers placed a color work I.D. of Mr. Andersons in a photo array, among the black and white mug shots they used for the photo line up. The victim chose his photo.
At the trial, the victim testified in detail, describing the assault and the perpetrator. The defense offered an alibi for the time of the assault in the testimony of the girlfriend of the defendant, saying that he was with her at the time. An all white Jury convicted him on all counts.
In 1988 John Otis Lincoln came forward, and admitted his involvement at a Habeas Corpus hearing. The judge called him a liar and rejected his claims of guilt. In 1993 Mr. Anderson asked for clemency from the Governor. He was rejected again. In 1994 the Innocence project accepted his case and the court battle stretched out for years ending in 2001. After 15 years in prison and 4 years on parole, Marvin Lamont Anderson was exonerated. He received a monetary settlement, but no one can give him back the years he lost.
http://bravenak.com/2015/01/07/convicted-by-an-all-white-jury-the-stolen-lives-of-black-men/
Downwinder
(12,869 posts)It is the entire legal system, From the Police to the Prosecution to the Jury and also the Court.
The whole system is jacked. Even defense attorneys aren't always on yr side.
Downwinder
(12,869 posts)They can't afford the expert Witnesses and investigators that the State can.
bravenak
(34,648 posts)Downwinder
(12,869 posts)Look at the legal team that defended O.J. How many people black or white could afford that representation? The State holds all of the cards.
The Police are deemed to be credible. I have wondered if St. Louis has a "Brady List." I know defense attorneys that don't know what a "Brady List" is and don't know to ask for one.
bravenak
(34,648 posts)I'd like to bring that up to somebody.
Downwinder
(12,869 posts)Police officers who have been dishonest are sometimes referred to as "Brady cops." Because of the Brady ruling, prosecutors are required to notify defendants and their attorneys whenever a law enforcement official involved in their case has a sustained record for knowingly lying in an official capacity.
https://en.wikipedia.org/wiki/Brady_v._Maryland
bravenak
(34,648 posts)I'll read on it.
rbrnmw
(7,160 posts)he was from Greenfield and it's almost all white. He shoplifted some things and had a box cutter they got him for armed robbery.
I know a guy who got 15 for drugs. Drugs. Like that makes sense. He's turned into a gangbabger in there, all tatted up and buff. He used to write poems in class. Nice kid, just poor as hell.
Is yr cousin out yet? 10 years for a boxcutter. That is som fucked up justice.
rbrnmw
(7,160 posts)the crazy thing is the cops still watch him and mess with him. If people don't think black men have it worse than white men they aren't paying attention.
bravenak
(34,648 posts)They just don't care. If cops are busy harassing black men, they won't b bothering them.
rbrnmw
(7,160 posts)I been to prisons to visit family and my oldest daughter's dad. the life they live there is awful. The guards are rougher with black men. Most of the guards are white at the prisons I visited. I am not sure if it's that way everywhere but I suspect it is. Jon said he heard stories about people that were ready to get out were found hanging. Of course they list those as suicides.
bravenak
(34,648 posts)They act like real overseers on a plantation. It's a business after all. I'v heard of the halfway houses stealing money from the inmates there too. They are allowed to work release, bu tgey have to pay rent and bank their money with the halfway house. They can only hold 50 buck on them. They get ripped off big time. Nobody cares and they act like those men are lying, just because they have records. Fucked up.
rbrnmw
(7,160 posts)when Jon went to the halfway house there was a guy that had been in the psych prison they helped him get relief they took his back pay and most of his check every month it's bullshit
bravenak
(34,648 posts)Some people can pretend not to know these things and live their lives of leisure. Like the white privilege is not real people.
there is a war against black folks fueled by having a black President it's getting worse not better.
randys1
(16,286 posts)James met his musical soul mate as a result of a ridiculous jail term for stealing a man's suit.
The movie let me down in that it didnt show actual Brown footage of his greatest performances, or they didnt try to recreate them especially the cape throwing etc., although the actor who played him was wonderful.
But they should have done from start to finish one of his performances of the continued cape throwing, that stuff was just insane.
It is partly why I am a musician to this day