Not only are many of the judges who run America's courts not technologically sound, not only do some of them dare to "invoke the spirit of Raymond Burr" in a real-life court of law, and employ highly racist tactics in the way a trial or hearing is administered, but there are those who will sell their souls to the devil himself by "jumping on the bus."
Paul Craig Roberts, chairman and John M. Olin Fellow at the Institute for Political Economy and senior research fellow at the Hoover Institution on War, Revolution, and Peace at Stanford University; and a research fellow at The Independent Institute, says "jumping on the bus" is a way of saying that prosecutorial misconduct is the true main cause of wrongful convictions in the courts.
Coercive plea bargaining, (as in the CeCe McDonald case in Minneapolis) in which a person is threatened into admitting to a crime they did not commit, or committed in self-defense, in order to cut down the paperwork and time that it will take to find the real criminal, is more of a cause of wrongful convictions than racism, though he does not deny that racism plays a role. In the McDonald case, the real criminal died after she defended herself in an attack where the deceased shouted racial epithets just before attacking her and some others with what should be considered a lethal weapon. McDonald fought back and ended up paying a price for "standing her ground," as well.
Black people coerced into a "plea bargain" face a higher risk of conviction than most whites of the same caliber in order to set aside a stiffer penalty for a crime they didn't commit, or committed in self-defense.
It certainly explains why more than half of the black men and women in the prison and jail systems would be released and given restitution in some form if all of those cases were investigated for this type of 'prosecutorial misconduct'. The majority of them likely were wrongly convicted for both reasons, prosecutorial misconduct, and racism.
Perjury, suppression of evidence, admittance of falsified documents, filing of false police reports, and coercion of false confessions are tied into "frame ups" and misconduct in the courtrooms.
However, Roberts does not mention that some whites likely take a fall in prosecutorial misconduct in order to "blur the lines" and make it appear that the system of justice is just as fair to a white-collar criminal with millions as it is to a black-skinned alleged criminal, whether there is any evidence or not. It sounds twisted, because it is. One thing is certain the majority of the time, a white person who is convicted actually did commit the crime because if there is any doubt whatsoever, they typically walk. Not the same for black men and women, who are "guilty until proven innocent" in nearly all cases. The exact reverse is true -- in their case, even missing evidence and gaps in testimony is not enough to prove their innocence.
Prosecutorial misconduct, then, will cause a judge to sidestep damning evidence when a woman of color is assaulted by white women, and then subsequently ridiculed and taunted and harassed after the fact, has her privacy invaded and her personal medical information distributed to others, and who is also robbed of her personal possessions, to err on the side of 'white' instead of 'right' -- especially if the black woman who was assaulted and subsequently robbed was angry and upset about it enough to curse over the outrage of it all.
One might even be drawn to call it the "Susan Smith Syndrome," when a white female can enter a courtroom and perjure herself and walk out of the courtroom as if she has done no wrong, even when there is evidence available that she lied.
Susan Smith, as everyone knows by now, was caught "blaming the black man" for the murder of her children, whom, it turned out, she drowned in the bottom of a South Carolina lake in her car after being jilted by a man she wanted more than she wanted her kids. The same thing happened with Bonnie Sweeten, a white woman who stole thousands, took her daughter off to Disney World, and called the police and told them the child had been kidnaped by "a black man."
Those were not the first incidences, and they won't be the last. In times past, any available black man would have done the trick while they were looking for someone to pin it on. And the lies would fly, one right behind the other.
If these white females had not been caught in their own spin, some black man, any black man, innocent as he was, would have been twisted into a confession over a crime that he never committed, as most (not all, but most) are.
These types of lies have a racist thread running through them that is as old as the history of the USA, and judges engaged in prosecutorial misconduct will and do allow people to perjure themselves, file false police reports, and even file false documents in court with no penalty whatsoever to the perjuring party.
In the Troy Davis case in Savannah, Georgia, as with hundreds before him, it cost him his life -- with no evidence, no murder weapon, and seven of nine "witnesses" saying the police coerced them into pointing to him as the gunman. One of the two witnesses left behind was the one who actually had the gun in his hand moments before Officer Mark McPhail was killed. Davis maintained his innocence all the way to his deathbed, and just before he was murdered by the state of Georgia, told everyone to keep looking for the murderer and to exonerate him even post-mortem.
This prosecutorial misconduct (or blatant erosion of the "rights of Englishmen" says Roberts) pre-dates the Scottsboro Boys, and all else that is known in that world of judicial impropriety, and sometimes the actual offender ends up being made to appear the victim.
Sometimes all it takes is a few crocodile tears and a finger-point of blame at the innocent person to seal the deal, if the one doing the crying and accusing who actually committed the wrong is white and the victim is black.
In the case of Susan Smith and Bonnie Sweeten, and so many others like them ... all it would have taken is for the non-existent black man to be arrested on a humbug for other reasons.
"Yes..." ***sob, sob*** "s/he did it..." when all the while the accuser knows that he (or she) did no such thing.
Roberts does make a compelling argument for the erosion of "the Rights of Englishmen" (the demise of prosecutorial ethic) as more of a cause of the judicial misconduct and wrongful convictions than "white male hegemony," because, he says, it would make more sense to turn a case over for judicial error than racism.
But he doesn't mention that the "rights of Blackwomen" or the "rights of Blackmen" are not considered the same as the "rights of Englishmen." Not when it comes to people like Marissa Alexander of Jacksonville, FL.
Marissa, a black woman and mother of three, received a 20-year sentence for 'standing her ground' against an abusive ex-husband (who is still alive, by the way) while a confessed white male killer in nearby Sanford, who shot a black man intentionally and claimed it was self-defense, walked away and is unlikely to be convicted of murder without federal intervention.
Roberts says "the Rights of Englishmen" has been so eroded that even civil causes are brought into the criminal arena over the pursuit of the 'dregs of society'.
There's only one question left to ask. What happens when the "dregs of society" are the ones who are supposed to uphold the righteous law, and don't?
Immunity, then, should be struck down.
If a courtroom official doesn't intend to commit an act of prosecutorial misconduct, why does he or she need immunity? Maybe if they weren't immune, they'd think twice, and even three times twice, before doing it.
In 1998, the Pittsburgh Post-Gazette summed up its investigative reports of prosecutorial misconduct as follows: "...hundreds of times during the past 10 years, federal agents and prosecutors have pursued justice by breaking the law. They lied, hid evidence, distorted facts, engaged in cover-ups, paid for perjury and set-up innocent people in a relentless effort to win indictments, guilty pleas and convictions. Rarely were these federal officials punished for their misconduct. . . . Perjury has become the coin of the realm in federal law enforcement. People’s homes are invaded because of lies. People are arrested because of lies. People go to prison because of lies. People stay in prison because of lies, and bad guys go free because of lies..."
And if not "white male hegemony," what would cause a state attorney general to take so personally the protection of a sheriff accused of abuse of office and torturous crimes against detainees? One would think the state attorney's duty to protect "the people" would bear a heavy weight on his burden; but instead, he takes the investigation personally because he doesn't like who is requesting cooperation.
The state attorney sends the federal Justice Department, headed by a black man named, an "Englishman's challenge."
Put up or shut up, he said, leaving the Justice Department no choice but to sue.
If that's not racism, then it is no wonder that those who experience it the most come to a point of psychological breakdown or meltdown due to continual traumatization, schizophrenia, and paranoia. To hear some tell it, it's "all in their heads."
Marissa, you're going to prison for a crime in which there is no dead body, and all because you "imagined" you were being assaulted by the man who came to your home to kill you.
The Story of Kenneth Walker of Columbus GA: Monetary Payment does not Equal Justice
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92-year old woman "frightened" by earlier robberies in her neighborhood is shot while trying to protect herself