"Show Me Your Papers" = Racial Profiling

"No American should ever live under a cloud of suspicion just because of what they look like. Going forward, we must ensure that Arizona law enforcement officials do not enforce this law in a manner that undermines the civil rights of Americans."

- President Barack H. Obama

Republican Judicial Hypocrisy

I hate to paint with a broad brush, but Republicans are annoyingly hypocritical when it comes to a person’s First Amendment right to voice their opinion about the judicial branch.  Their allegedly offended because President Obama voiced his thoughts on how he would like the U.S. Supreme Court to rule on the Affordable Care Act.  They also object to his comments regarding how an adverse ruling would overturn well-established legal precedent and significantly alter modern notions of the commerce clause.

The GOP’s criticisms are hypocritical because where Obama discussed the power and impact of the court’s potential ruling; their presidential hopefuls have openly questioned the judiciary’s authority, independence, and place in our modern democracy.  In short, they want to do away with the judicial branch.  First, Mitt Romney, when discussing California’s Proposition 8 and Iowa’s (Alleged) Defense of Marriage Act, accused judges of being “activist” and casting aside the will of the people.

Second, Rick Santorum stated he would “sign a bill tomorrow to eliminate the 9th Circuit” U.S. Court of Appeals.  He further called it a rogue court.  Third, Newt Gingrich stated if he is elected president, he would call for Congress to subpoena judges or even abolish courts altogether if they make wrong-headed decisions.  Moreover, he stated in his opinion, it would be well within the president’s authority as commander in chief to ignore a Supreme Court ruling that he believed was incorrectly decided.  Further, he has called federal judges “anti-American” and “grotesquely dictatorial.”

As evident by the Republicans own words, the judiciary is not beyond reproach.  So, why attack Obama for voicing his opinions about the forthcoming Supreme Court decision, especially, when they are not only questioning the judiciary’s rulings, they are openly and dangerously questioning the legitimacy of the independent judiciary.

Trayvon Martin: A Sad Tale

Unfortunately, we will probably never know the complete truth regarding the murder of Trayvon Martin because the Sanford Police allowed the gunman, George Zimmerman, to leave the scene of the killing because he claimed in acted in self-defense.  It is unimaginable how much evidence probably disappeared that night.  At a minimum, you would think the police would escort Zimmerman to the station to question him, after all, he just murdered an unarmed teenager.  Moreover, you would think you would want to collect evidence, just in case his story does not checkout, like checking for gun powder residue and shot angles.  Lastly, I would think it important to check his vitals, i.e. would he under the influence of drugs and/or alcohol.  I am not cop, but I think police should at least do basic investigating, especially when there is an unarmed dead body on the street.

As I understand from from various news sources, Trayvon Martin, a 17 year old black male, was walking from a convenience store to his father's house in Sanford, Florida on or about February 26, 2012.  As he walked home on this rainy night, he wore a hoodie and carried a cellphone, an ice team, and some Skittles.  Zimmerman, a 28 year old Latino male and "neighborhood watch" member notice Martin walking in the neighborhood.  Zimmerman believed Martin was acting suspicious so he called 9-1-1.  The police dispatcher explicitly told Zimmerman not to follow the teenager, but Zimmerman followed Martin anyway.

A confrontation occurred between the two males; however, it is unclear who instigated the dispute.  More importantly, it is unclear what part, if any, did Martin play in the altercation.  Either way, Zimmerman shot and killed the unarmed Martin.  In the weeks following, Martin's family called the incident a murder while Zimmerman claimed he acted in self-defense.  Zimmerman  has not been arrested or charged with a crime.

The Martin case although tragic, has sparked a debate about the negative stereotypes surrounding black males.  Many see African-American males walking and automatically equate them with suspicious activity.  Additionally, Martin's murder highlights the tragedy of black males - you are more likely to be gunned down than graduate college.  While some have used this sad story to reexamine gun laws, stand your own ground laws, and the plight facing African-American males.  Others have used this unnecessary death to race bait, to trivialize the death on wearing a hoodie, and recently, people are trying to marginalize Martin as a person.

Unfortunately, we will never know the whole truth because a 17 year old boy lay dead in a pool of his own blood.

President Obama on Trayvon Martin

"Well, I'm the head of the executive branch, and the attorney general reports to me, so I've got to be careful about my statements to make sure that we're not impairing any investigation that's taking place right now.

But obviously, this is a tragedy. I can only imagine what these parents are going through. And when I think about this boy, I think about my own kids. And I think every parent in America should be able to understand why it is absolutely imperative that we investigate every aspect of this, and that everybody pulls together — federal, state and local — to figure out exactly how this tragedy happened. 

So I'm glad that not only is the Justice Department looking into it, I understand now that the governor of the state of Florida has formed a task force to investigate what's taking place. I think all of us have to do some soul-searching to figure out how does something like this happen. And that means that examine the laws and the context for what happened, as well as the specifics of the incident. 

But my main message is to the parents of Trayvon Martin. If I had a son, he'd look like Trayvon. And I think they are right to expect that all of us as Americans are going to take this with the seriousness it deserves, and that we're going to get to the bottom of exactly what happened."

Obama Nominates Sotomayor

Earlier today President Barack Obama announced that he will nominated federal appeals judge Sonia Sotomayor to the United Supreme Court. Obama described Sotomayor as “an inspiring woman” with “a rigorous intellect” and “a mastery of the law.” If the Senate Judiciary Committee confirms Sotomayor, then she will be the first (1st) Hispanic on the high court, and the third (3rd) woman overall.

Sotomayor received her undergraduate degree from Princeton University and her law degree from Yale Law School, where she was editor of the Yale Law Journal. She’s worked in the district attorney’s office in New York and has private practice experience. President George H.W. Bush nominated her in 1991 to the federal district court and President Bill Clinton promoted her to the appeals court in 1997.

I’m not familiar with any of Sotomayor’s rulings; however, I agree with former Supreme Court Justice Oliver Wendell Holmes, who once stated, “the life of the law has not been logic, it has been experience.” Moreover, I agree with President Obama’s belief that it is important that the Supreme Court Justices know “how the [real] world works, and how ordinary people live.” Throughout law school and private practice, I’ve read enough Supreme Court decisions to realize that sometimes this is not always the case.

Justice Souter Retiring

Earlier today Justice David H. Souter informed the White House that he intends to retire from the United States Supreme Court this June. Justice Souter was appointed to the Supreme Court in 1990 by President Georgia H. W. Bush and has served 18 years. Although Justice Souter was appointed by a conservative president, he has been a part of the liberal bloc of the court and many have considered Justice Souter a typical Yankee Republican, moderate but independent.

Justice Souter’s departure from the court will provide President Obama with an opportunity to appoint his replacement. President Obama hopes to appoint “somebody with a sharp, independent mind and a record of excellence and integrity.” Moreover, President Obama “will seek someone who understands that justice isn’t about some abstract legal theory or footnote in a casebook”.

The New York Times speculates the following individuals are candidates for the position – Sonia Sotomayor, who sits on the federal appeals court in New York; Kim M. Wardlaw, who is on the federal appeals court in California; Leah Ward Sears, who is chief justice on the Supreme Court of Georgia; Kathleen M. Sullivan, a professor at the Stanford Law School; Diane P. Wood, a judge on the appellate court based in Chicago; and Elena Kagan, U.S. Solicitor General.

Mildred Loving Dies

Mildred Loving, a black woman, is the matriarch of American interracial marriages. Loving and her husband Richard, a white man, challenged Virginia’s ban on interracial marriage. In 1967, the U.S. Supreme Court upheld their right to marry. The ruling struck down laws banning racially mixed marriages in at least 17 states. The court ruled in a unanimous decision, holding “There can be no doubt that restricting the freedom to marry solely because of racial classifications violates the central meaning of the equal protection clause.”

Mildred and Richard got married in 1958 in Washington, but when the returned to Virginia, they were arrested for violating the law. They plead guilty to charges of “cohabitating as man and wife, against the peace and dignity of the Commonwealth.” They avoided jail time by agreeing to leave their home state of Virginia. They eventually moved to Washington.

Once in Washington, they launched their legal challenge to the law by writing to Attorney General Robert F. Kennedy, who referred the case to the American Civil Liberties Union and the case eventually made its way to the U.S. Supreme Court.

I remember reading about the Loving case in Constitutional law class, but now that Swamps and I married, it takes on a whole new meaning because it’s easy to forget that 50 years ago we wouldn’t have been able to marry because we’re of different races. The Lovings paved the way for us to get married hassle free (relatively speaking). Although they’re probably in heaven with all our great freedom fighters, I want to thank you for standing up for the notion that love and marriage is really color blind.

Crackdown on Sagging Pants

Several city council members in Atlanta, Georgia, Delcambre, Louisiana, and Trenton, New Jersey are proposing bills that label sagging as illegal. A person sags their pants when they buy pants that are too big and they let them hang low off their waist. Some times the pants hang so low that people are able to see the saggers underwear. The sagging trend is typically worn by people in the hip-hop culture and suburban skateboarders and punk rockers.

The proposed Atlanta, Georgia ordinance includes fines or community service; the proposed Trenton, New Jersey ordinance includes fines and counseling with city social workers, and the proposed Delcambre, Louisiana proposition says that if a person is sagging low enough to show boxers or bare buttocks, the violator will be subject to six months in jail and a $500 fine.

Supporters of the bill argue that the sagging trend is sloppy and it is a bad influence on children because it encourages them to expose themselves. They allege that the trend was started by prisoners who weren’t given belts with their baggy uniform pants.

As a former sagger, I think these city council members should be utilizing their time for more constructive bills. Instead of putting our youths in jail or fining them, they should be passing bills that allowing for more funding in under privilege areas for youth centers that provide children with an alternative to hanging out on the streets; youth centers that have tutors, career counselors, and mentors. For me, the only reason I sagged was because it was in style, i.e. all my favorite rappers and athletes were doing it. I knew when to sag and when not to sag and as I matured, I grew out of sagging.

Lastly, from a legal standpoint, depending on the wording of the ordinance, these bills could be in danger of being too vague to be constitutional. For instance, who determines who is sagging; who determines how much is too much sagging, and what type of process is allowed for disputing these claims.

Above picture of guys sagging taken from CNN.com article titled “Baggy pants crackdown goes national”.

Emancipation Day

Today marks the yearly celebration of Juneteenth. It commemorates the announcement of the abolition of slavery in Texas. Although the Emancipation Proclamation was issued on September 22, 1862l; became effective on January 1, 1863; the day-to-day lives of most slaves, especially those in Confederate controlled Texas, were not effected because the slaves were not notified of the proclamation and there was no one to enforce the declaration.

The slaves in Galveston, Texas were finally notified of their freedom on June 19, 1865 after the arrival of Union General Gordon Granger and his 2,000 federal troops. General Granger was able to enforce the Emancipation Proclamation and the slaves were finally set free.

Juneteenth is an official holiday in Arkansas, New York, Massachusetts, New Jersey, Connecticut, Alaska, and California.

Is Game Over?

Early this week I heard a rumor that rap artist, The Game, was involved in an altercation outside a Los Angeles recreational center on February 24, 2007. Allegedly, The Game, whose real name is Jayceon Terrell Taylor, was playing pick-up basketball, and an opposing player stole the ball from him. Game took exception with this and punched the other guy in the face. Apparently, words were said and pushing ensued, and Game then pulled a gun from his red Cadillac Escalade and threatened to shoot the opposing player.

As a result of the altercation, The Game was charged with three felony counts of making a criminal threat, possessing a firearm in a school zone and exhibiting a firearm in the presence of an officer. He plead "Not Guilty" to the above-referenced charges.

My only comment is Game, you’re 27 years old – grow up. It’s one thing to punch a guy, we all get caught up in the moment of sports, but it’s a completely different situation to escalate the matter by allegedly pulling a gun on the guy. A life shouldn't be lost because of a game of basketball. Use your common sense, you're a multi-million dollar rapper, you've traveled the world, you've met important people, and in some circles, you're an important person yourself. Don't believe your own hype - just because you supposedly grew up on the streets, that doesn't mean you have to continually follow your supposed "street mentality". Use some of the knowledge and experiences you've acquired, and act like you have some damn sense.

Too many youth are dying because they're molding their responses to situations after your responses (and other rapper's responses) to similar situations. They think every perceived "disrespect" is a life or death situation, when in reality it's minimal and inconsequential. Like my mom use to always say, think before act because you never know who may be watching (and following) your response.

My5th

I was reading over an UGA Law alumni letter and came across an article highlighting the 2007 Distinguished Service Scroll Award winner Brenda Jay “B.J.” Bernstein, Esq. She started a nonprofit organization called “My5th”, which is devoted to informing youth under the age of 21 about what laws apply to them.

The site isn’t all inclusive and shouldn’t be used as a definitive legal resource, i.e. you use it instead of a lawyer and/or completely reference it for legal advice, but it does provide important information that parents/adults should discuss with their children and/or family friends that are minors.

Please click HERE to visit the site, and as My5th says, “Ignorance of the Law is No Excuse”, especially when it comes to underage drinking, drug possession, bullying/fighting at school, and consensual underage sex.

Paris Goes to Jail

“Don’t hate the player, hate the game.” If anyone lives by this phase, it’s probably Paris Hilton because she’s mastered the art of playing the game. Honestly, I’m not even sure why she’s famous because as far as I can tell – she isn’t an athlete, nor a good singer, nor an actress, nor intelligent, or even attractive, as compared to other celebrity blondes. Some would say her party girl ways – alcohol and alleged drug binges, girl-on-girl catfights with other celebrity women, homemade sex tapes, and her recent run-ins with the law – lean themselves to instant celebrity.

Paris’ instant celebrity highlights her mastery of a not-so secret fact – that people are infatuated with the lives of the rich, and even if you’re rich and without any discernable talents, you can become famous and your train wreck of a life can become headline news.

As a result, Paris is on all the news stations partying like a rock star and not being held accountable for her lack of self restraint. She’s escaped scrutiny and in some circles, Paris has been praised for her hedonistic lifestyle – championing the cause that as far as we know – you’re only young once, so you might as well enjoy it while you can because there always comes a point when you can’t party anymore.

It looks like Paris reached her limit sooner than later, as she’s been sentenced to 45 days in jail because of a probation violation. This is probably the first time in her life that she’ll be held accountable for her actions. I hope she learns from her mistakes and learn that there’s more to life than just partying like a rock star without limitations.

Police Interaction Facts

1. “You do not have to be a racist to racially profile; you simply have to be susceptible to prevailing notions about who is more likely to be dangerous.” – Maya Harris
2. Across the U.S., over 10% of Black drivers stopped by police were likely to be searched or have their vehicle searched, as opposed to 3.5% of White drivers stopped by police.
3. From 1995 to 2000, there were almost 10,000 cases of police using excessive force reported in the U.S. African-Americans made up 45% of them.

From the book Covenant with Black America.

Jack Lance - Unlikely hero helps police nab robbery suspect...

Here's a story about my future father in law.

SAN FRANCISCO - ATTORNEY INJURED STOPPING FUGITIVE- He may not be Dirty Harry, but the streets of San Francisco were a little bit safer this weekend after Rockdale County Public Schools attorney Jack Lance assisted Friday in apprehending an armed fugitive.
Lance, 58, severely injured his knee in attempting to tackle a suspect as he fled from San Francisco Police Department officers. In a phone interview from his hospital bed on Monday, he told the Citizen that he was scheduled to return home today. Lance said he had a short break during a conference he was attending at the San Francisco Hilton, and decided that he would take a walk down the famed Market Street. As he neared a Bank of America, Lance said he noticed "a man and a woman, scuffling in some way."

"I couldn't tell what was going on, for sure," he said. "They started moving away from me ... and then he stopped and turned and started up back toward me, and I could see the lady was really trying to stop him. I got a sense that he was in the wrong."

As the man tried to run past him, Lance said he dropped a bag of books, stuck out his right forearm and lunged, trying to knock the man to the ground. He failed to bring the man down, but managed to slow him down considerably.

The woman ran past Lance in hot pursuit, as he looked down at his own knee. "I knew I was in big trouble," he said. "My knee was split in two." Lance said he soon learned that the woman was an undercover police officer, and the suspect she was chasing was a man wanted in connection with an armed bank robbery. According to San Francisco Police Captain Gary Jimenez, his officers were lucky that Lance happened by when he did.

"Our officers were staking out a bank, expecting a visit ... and (the suspect) matched the description (of the man they were looking for). They went to talk to him, and they identified themselves as officers," he said. "He started running in front of the Bank of America, and as he ran, he threw a gun away. "(Lance) did delay the escape of the person, and the officers were able to capture him. ... Our officers think very highly of (Lance)." Jimenez added that the suspect had a violent history, and that the gun he dropped during the chase turned out to be stolen.

"We consider ourselves very lucky that he is in custody, and we surely appreciate the assistance," Jimenez said. "You've got a great citizen there, and we're hoping maybe we can give him a commendation." Following the incident, Lance was taken to St. Francis Hospital, where he underwent surgery on Saturday to repair the damage to his knee. Lance said his knee cap had been split in two, and the bone behind the cap was broken. Work was also done to repair his ham string, which was separated from the bone.

Doctors told Lance he could expect a six-month recuperation time. "I won't be playing any racquetball for a while, that's for sure," Lance said.
While his injuries were painful, he said there wasn't any question that he did the right thing.
"I would do it again, if it needed to be done," Lance said. He added that he was preparing to be released Monday afternoon, and he expected to catch a flight with his wife, Glenda, back to Atlanta today. Lance has represented the Rockdale school system for 24 years, and has worked as the in-house attorney for the last six years. He and his wife are longtime Rockdale residents and currently live in the Deer Run subdivision. They have three grown daughters.

Criminal Justice Facts

1. Of the 2.1 million inmates today, 91,000 are African-Americans. Blacks make up 43% of the state and federal prison populations but only 12.3% of the U.S. population. Latinos constitutes 12.6% of the country’s population, and yet they are 18.3% of the prison population. Whites account for 69% of the U.S. population and 34.7% of those incarcerated.
2. 1.4 million African-Americans men, or 13%, have currently or permanently lost their right to vote as a result of a felony conviction – seven times the national average.
3. Black women born today are five times more likely to go to prison in their lifetimes than Black women born in 1974.
4. Nationwide, young Black offenders are more than twice as likely to be transferred to adult court as their White counterparts.

From the book Covenant with Black America.

Barbie Bandits

Last week Heather Johnston (Left) and Ashley Miller (Right) allegedly robbed a Bank of America in Acworth, Georgia. The Barbie Bandits were caught on a security camera wearing designer shades and giggling as they left the bank with a substantial amount of money. Apparently, the women did a horrible job of robbing the bank and laying low after the heist. According to the AJC, the Barbie Bandits went on a buying binge the next day, shopping at Gucci and getting their hair done at a posh salon. After only two days on the run, the women were apprehended along with Michael Chastang, the alleged mastermind behind the scheme, and Benny Allen, the inside man, who was the teller who handed the women the money.

Newsweek reports that prior to the ill conceived bank robbery, both Johnston and Miller were traveling down a spiraling path to destruction – striping at a Doraville, Georgia night club along with habitual drug use. Both women were children of middle-class families and both full of promise. Johnston was a straight-A student and Miller often volunteered with community service groups.

It’s astonishing how one moment you can be on your way to fulfilling your American dreams, but because of a series of mistakes, misfortunes, and bad decisions, you find yourself in the middle of an American nightmare.

Racial Profiling

Racial Profiling is any police or private security practice in which a person is treated as a suspect because of his or her race, ethnicity, nationality, or religion. Profiling occurs when police investigate, stop, frisk, search, or use force against a person based on such characteristics instead of evidence of a person's criminal behavior.

Conversion

When defendant converts your property
You have a three way remedy:
You can make him give it back
The chattel intact;
Or if he hasn't treated it nice
He must pay you its market price;
Or you can get rent for each day
And get your stuff back anyway,
But after some introspecction
You must make an election!
- Charles R. Adams III

Lady Justice

Mixtapes under Fire

There’s a brewing conflict between underground hip-hop mixtape DJs and the Recording Industry Association of America (RIAA) over the lawfulness of the underground mixtape. Mixtapes are a low budget, unofficial music compilation of MCs freestyling, dissing other rappers, and flowing over other artist’s beats. They’re typically hosted by DJs like DJ Clue, DJ Drama, and the Superfriends, who introduce songs, talk over the beats, give shout outs, and interview the artist. The purpose of the mixtape is to build street-level buzz for rappers, so when their “official” commercial releases come out, the rapper will already have a legion of fans ready to pick up the album. 50 Cent followed this formula, i.e. he transformed from a mixtape artist without a record deal to a commercial artist by having legions of loyal fans who were ready to put down some hard earned cash for a legitimate 50 Cent album.

The mixtape controversy is fuelled by how people obtain copies of mixtapes. If mixtapes are handed out as promotional materials, the RIAA appears to be okay with the premise of the mixtape because its cheaper to produce a mixtape than pay for advertising, but if the mixtape is sold, the RIAA alleges that mixtape DJs are infringing on copyrights while possibility violating piracy laws because it’s questionable whether the DJs involved have cleared samples and obtain record label permission to distribute produced materials.

Last week, DJ Drama, a famed Atlanta mixtape DJ was arrested on state racketeering charges for selling unauthorized music materials that did not display the copyright holder’s name and address. Drama could face one to five years in prison and fines from $10,000 to $100,000.

To learn more about mixtapes and DJ Drama’s case, click HERE – information from this post taken from the AJC article “Recording industry puts a tricky spin on mixtapes” by Nick Marino and Sonia Murray.