This morning while at the gym I was listening to Terry Gross, host of Fresh Air , interview Ava DuVernay filmmaker whose Netflick series “When They See Us”. The series tells the story of five young man who came to be known as the Central Park Five were “manipulated into confessing to a brutal rape they did not commit.” They spent many years in prison until a person confessed to the crime. The Central Park Five eventually won a lawsuit and were awarded several million dollars to share. Of course, the money does not restore the years they lost. During the interview Ms. DuVernay points out how the police and the prosecutors unwittingly perhaps created a scenario which led to the young men confessing to a crime they did not commit.
It is easy to understand how and why a person, especially a young person, might get so confused, weary and overwhelmed that they would confess to a crime they did not commit. It is also easy to understand or to attempt an understanding of the pressure under which all levels of law enforcement personnel in this system fall victim to doing anything they can to convince the public that they have solved a crime and that the perpetrator(s) have been taken off the streets and are safely locked away. The prosecutors are elected and often kept in office only if their number of conviction of the “bad people” warrant it. I do not want, in any way, to excuse the action of those responsible for the oppressive and cruel treatment of the Central Park Five. I do want to suggest all of us share some responsibility for the system of so-called justice in this country (and many others) the end goal of which seems to be the illusion of creating a safe and just community. While it may be true that some of those who end up being convicted and incarcerated in our inhumane prisons are indeed incapable of considering the needs and rights of others, very often even those are victims creating more victims.
I also want to suggest that, as a society, our law enforcement personnel do not attain their positions free of the heritage of racism, sexism and other forms of oppression. There are those law enforcement personnel who work hard to identify and let go of internalized beliefs which continue the oppression. Yet they work in a system which is designed to reward those with money and connections. While not always true more often than not money will buy one an attorney that will know how to deliberately and skillfully create that doubt in a jury which will insure a lack of conviction or a lesser sentence. Judges too are not immune from brining their biases or being swayed by a “sincere”, articulate, smooth talking, captain of the college debate team. Expensive attorney will also bring in experts to help select the jury and/or to monitor the jury and identify who has to be targeted by attorneys.
We know that systems such as restorative justice work for many and lower the recidivism rate. We also know if individuals are given an accurate diagnosis of mental illness, addiction or some other condition affecting one’s ability to make healthy decisions and treated for their core diagnosis that they are less likely to be repeat anti-social behavior.
Our current system does a lot to create illusions; illusions that we are doing something to solve the problem of crime; doing something to make our communities safer. In fact, our very expensive system often does just the opposite; it creates hardened and career criminals who will continue the pattern of victims creating more victims.
Who shall we see? Who shall we see when we look at those pressured to “confess’; at those police officer and other officers of the law who are given often conflicting mandates; at those prosecutors who are evaluated by numbers’ at those judges who must get convictions to stay in office, at those attorney who make the big bucks to win cases; at those victims of crime? Who shall we see when we identify those who made decisions to not offer treatment to the victims of abuse and other traumas; who shall we see when we look the homeless veterans or the millions of other homeless people. Who shall we see when we immigrant fleeing violence and poverty is labeled a criminal? Who shall we see when we look in the mirror?
I am not suggesting we can create a perfect society. I am suggesting that we can quit pointing fingers and take come collective responsibility for exploring alternative view of justice; for a more realistic and clearer mandate for our law enforcement personnel. I am suggesting that being able to afford a talented orator should not determine guilt or innocence. I am suggesting that we look seriously at such concepts as restorative justice.
Written June 25, 2019
Jimmy F Pickett
coachpickett.org