Research Topic: Judicial reform in New York
I would like to begin by raising the most important point that this is a global issue as what is being done to the black man in the American prison system is being done around the world and oppression must be fought at any and every opportunity. This open letter to the mothers of over-sentenced misrepresented black men and this official letter to the mayor of New York City seek to shed light on a rampant issue as well as provide a solution to the escalating justice systemās problem.
Dear Mr. De Blasio,
In 2010, the Commission published an analysis of federal sentencing data which examined whether the length of sentences imposed on federal offenders was correlated with demographic characteristics of those offenders.1 That analysis found that some demographic factors were associated with sentence length to a statistically significant extent during some of the time periods studied.2 Among other findings, the analysis showed that Black male offenders received longer sentences than White male offenders, and that the gap between the sentence lengths for Black and White male offenders was increasing. The system is flawed. Data has been compiled specifically for this disparity over the last ten years and several reports have been generated with no tangible results. Underprivileged communities of low socio-economic status are still feeling the effects of these harsher sentences and I am asking you to take a stand on this especially in the multicultural haven that you have sworn to provide service for.
New york is a leader to the rest of the United States on legal norms. In 1973, New Yorkās legislature became the first to pass mandatory minimums for simple drug possession. TheĀ Rockefeller Drug Laws, (named after NY Governor Nelson Rockefeller) mandated extremely harsh prison terms for possession and sale of relatively small amounts of drugs.Ā These laws became the national policy model for the drug war in a period when crack was destroying families. It was necessary then and those who were destroying communities were brought to justice. So why have there been no redress for those who are currently destroying families by condemning more black men than any other race? These judges are without liability and are given too much leeway in this matter.
The “statutory maximum” is the greatest sentence the judge can impose based solely on the jury’s fact finding. In a guidelines sentencing scheme that requires judges to impose a sentence within the guideline range, the jury-trial and reasonable-doubt requirements apply to the determination of any fact that exposes the defendant to punishment above the guideline range (conclusions of US v. Booker) however this guideline is in itself flawed as the guideline uses previous sentences for its basis. This allows judges to still do as they please. A guideline for a first time offender on drug charges ranges from probation up to 15 years. Imagine the same offense can have such a range in punishment and to a certain extent it is necessary to leave some things up to the discretion of the judge but they must not be allowed to believe they are Gods. They are simply a tool through which the law is upheld but to ensure servicing of this tool, I beg of you, Blasio, to seek a constant audit of judges to ensure that whether it be every sixth extreme āminimumā sentence or any other prejudice be grounds for investigation.
These investigations must not be without bite and substance as a slap on the wrist cannot overcome deep-seated predisposed racist convictions. There must be risk of these offenses being criminal and these judges who distribute extreme āminimumā āsentences without restraint should in turn feel those years and know what it means to miss out on a childās birthday or family thanksgiving. Mr. de Blasio, this is not a vengeance request out of personal anger but a possible solution to the huge disparities still present. Just as in 1973, we radicalized the war on crime, let us now be the pioneers on judicial rehabilitation.
Sincerely,
Corevel Cova
Open Letter to the mothers of those serving harsh sentences to be published on FB and essence magazine:
Dear Mama,
I write to you to both apologize for the injustices you have suffered by a system that seeks to break your sons but more importantly to beg of you to stand up and demand what is rightfully yours- justice. America has failed you time and time again and although slavery was technically abolished, the chains of it still exist in the rationale of most white men to this day. The rationale that allows for a white man to be described as a troubled teen and gently escorted away after engaging in mass murder via a school shooting but describes your son as an aggressor that refused to comply when simply attempting to sell his CDās. This is the same rationale that will give a white man community service for minimum possession as a first time offender but a black boy 3-4years-jail time. The same rationale that will justify this sentencing by saying three years is not a lot but refuse to see how that little black boy could have gotten his degree, seen his child take their first steps and most importantly lived in freedom for those years. This rationale refuses to see how over-sentencing is essentially creating a modern day slavery as it sometimes forever removes their rights to vote if deemed a federal offence while providing free labor in those private prisons under the disguise as āsomething useful for them to do with their handsā.
I am sorry that this rationale has failed you and your children as this is the rationale that subconsciously allows for judges to create these disparities. These judges have a formal mandate whereby they must follow certain guidelines in sentencing but there is great leeway within the spectrum that allows for this clear disparity between your sons and offenders who share the same color as these judges. However we must not sit in despair and just as you would go up to any bully who threatened your son when they were mere babies, I ask of you to take a stand against the judicial system. We the people are behind you for these men are our fathers, our husbands and our sons and we must protect these positions. I believe only with your faces, your truths will there be change. Change in the judicial system whereby there are tangible punishments to those judges who allow prejudice to give harsher sentences to your sons. You can be the change. Right here. Right now. Let us sign a petition mandating internal review of judges and appropriate punishments. Let us force them to look at the issue and address not in another report but justice must be served and these judges must understand the impact their actions have on your sons.
Thank you for reading.
Corevel
1.https://www.sentencingproject.org/publications/un-report-on-racial-disparities/
4.https://www.governor.ny.gov/programs/criminal-justice-reform
5.http://www.drugpolicy.org/new-york/criminal-justice-reform
