: To; The Collective Human Conscience
Subject: Pravda, on America!
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Corruption in US legal system
10/30/2003 19:14
In the United States of America, in the State of Michigan,
emanating from the County of Berrien, there is a crime
being committed. The architects of this crime are not
unknown. In fact they are hiding in plain sight, beneath
black robes, behind ludicrous "immunity" doctrines, and
within the walls of the governor-s mansion. These
criminals have moved lynching from the darkened woods to
the pretentious courtrooms, and still dare to call it
"justice." One of their victims is an African-American
man named Floyd Caldwell.
Caldwell-s case starkly exposes the "good-old-boy"
mentality of America's criminal justice system. In 1975,
a former Berrien County judge named Harry Laity and his
wife Frances were robbed of two rings and approximately
fifty dollars in cash by an African-American man.
Caldwell was arrested for this robbery after admitting
that he had tried to pawn one of the stolen rings.
But possession of stolen property does not a robber make,
and Caldwell adamantly denied holding up the couple. The
facts appeared to support him. The assailant was
described as having a scar on his forehead, which Caldwell
did not have. The victims identified another man in a
line-up, and Caldwell passed a polygraph test. Perhaps
most compellingly, fingerprints taken from the crime scene
pointed to a perpetrator in possession of all ten
fingers. Caldwell was missing two fingers from his left
hand.
Despite these facts, Caldwell was charged with robbery.
His attorney chose not to pursue a jury trial, thus
leaving Caldwell's fate in the hands of a solitary judge.
While legal ethics dictate that judges must recuse
(excuse) themselves from a case when there is the
appearance of bias, the judge in Caldwell's case, Chester
Byrns, refused to do so, even though he had been friends
with the victims for twenty-three years. Caldwell was
predictably found guilty and sentenced to life in prison,
where he remains to this day.
Approximately a year after Caldwell's trial, Frances Laity
faced criminal charges herself after killing a
twelve-year-old African-American girl with her car. Now
that his friend was a criminal defendant instead of a
crime victim, Byrns suddenly decided he could not be
"unbiased," and recused himself from her trial. Laity
ultimately received the "punishment" of probation and a
thousand dollar fine.
While egregious injustices should be condemned no matter
where they occur, Michigan's "legal" system gives such
injustices a particularly rancid odor of hypocrisy. It
was Michigan's "legal" system, after all, that was
allegedly so concerned about the "sanctity of human life"
that it prosecuted and imprisoned Dr. Jack Kevorkian for
helping terminally ill people end their lives. Yet while
Caldwell faces the prospect of dying in prison for a crime
he did not commit, nobody in the "system" seems
particularly concerned about the "sanctity of his life."
In fact, the American legal system is so corrupt
that extortion, surreptitiously known as the "innocence
penalty," is considered more important than truth.
Normally before prisoners are granted parole they have to
prove they are now "upstanding, honest, law-abiding"
citizens. Yet in order to "prove" this honesty, innocent
prisoners must either lie by confessing to a crime they
did not commit, or face continued incarceration for their
refusal to do so. This is how the system promotes its
veneer of "infallibility," and how self-serving judges,
prosecutors and politicians endeavor to assuage their
consciences.
But these hypocrisies, these injustices and this
callousness towards human life are not exclusive to
America-s legal system, but are endemic to the entire
political culture. For example, when Bill Clinton sought
to send American troops to the Balkans, many
"conservatives," like Texas Congressperson Tom DeLay, were
particularly vociferous in their condemnation of Clinton's
action.
Yet when the "neo-conservatives" sought to wage war
against Iraq, suddenly it became perfectly acceptable for
"chickenhawks," like DeLay, (who had once claimed during
the Vietnamese war that so many minorities had enlisted
there was no room for "patriotic folks" like him) to send
America-s youth to fight and die. In fact, two of the
primary instigators of the Iraqi war, Paul Wolfowitz and
Dick Cheney, received deferments (Cheney receiving four)
to avoid serving in Vietnam. Cheney's excuse for avoiding
the military was the arrogant assertion that he "had other
priorities," as if those who did serve did not have other
priorities as well. Radio personality Rush Limbaugh (who
often castigated drug abusers until his own drug abuse was
exposed) avoided military service because of an "ingrown
hair follicle" on his posterior. And Limbaugh is just one
of many commentators, celebrities and other assorted
hypocrites who avoided military service, yet promoted the
Iraqi war from the confines of government offices,
television and radio stations, recording studios,
editorial desks and movie sets. Even George W. Bush
avoided serving in Vietnam by enlisting in the National
Guard. So if the "Love it or leave it" slogan is to be
directed against anti-war activists, a slogan proclaiming
"Support it, then go fight in it," would be equally
applicable to the "chickenhawks."
It would seem that Americans would be outraged by the
hypocrisies and injustices that dominate their lives, by
seeing their young people sacrificed by cowards who were
unwilling to fight themselves, and by the propaganda of
those more concerned with ratings, profits or political
gain than truth. Unfortunately this has not been the
case.
Perhaps one reason for this is because America-s two-party
system subscribes to the unwritten "rule" that injustices
and hypocrisies are "wrong" only when the opposing
political party engages in them. Minnesota-s former
governor Jesse Ventura recently remarked how this
double-standard was applied during California's recall
election, when the very same individuals and organizations
who condemned Bill Clinton for his sexual escapades,
suddenly adopted a "boys-will-be-boys" attitude, or cried
"foul," when similar allegations were directed against
Arnold Schwarzenegger.
But perhaps the most compelling reason for this lack of
outrage is simply the overwhelming sense of powerlessness
that many Americans feel. I can speak about this sense of
powerlessness from personal experience. I used to be
disturbed by stories of wrongful convictions, of
corruption in high places, and of abuse of the less
fortunate. But as disturbed as I was by these stories, it
was even more frustrating to be unable to do anything
about them. After all, I was a mere laborer, with no
particular skills and certainly no access to the power
structure committing these wrongs.
To gain this access, I decided to go to law school. But
upon entering the law practice, my frustration only
increased. Now I had access to the system, but the only
"benefit" I derived was the ability to witness injustices
first-hand, and to see the cavalier hypocrisy of those
committing them. I recalled how the late columnist Sydney
Harris once opined that the paradox of power resides in
the reality that those who desire power are usually
undeserving of it, and those who deserve power usually do
not want it.
Perhaps this is why the "cult of celebrity" that I
discussed in two previous PRAVDA articles (THE ESSENCE OF
HISTORY (October 8, 2003) and AMERICA'S FAST FOOD
POLITICAL CULTURE (October 24, 2003)) inundates American
culture and media. There is some truth to the adage that
"ignorance is bliss," because a mind cannot dwell upon
injustices it knows nothing about.
Unfortunately, what this ultimately creates are people
without principles and a relative "morality" where a
self-serving power structure arbitrarily decides what is
"moral" and what is not. The greater the injustices, the
more this power structure will endeavor to defend or
rationalize them, secure in the knowledge that nobody will
ever be held accountable for the wrongs being perpetrated,
as long as those wrongs continue to benefit those in
power. Some of these injustices will not even be
recognized, since people reluctant to admit they were
duped will continue to embrace the lies they are told.
So the concept of "morality" in America is
frequently focused on "adult" (sexually oriented)
materials. Attorney General John Ashcroft (another "chickenhawk")
finds nothing immoral in his quest to destroy the Bill of
Rights, viewed by many as the cornerstone of American
freedom, yet covers a statue with a drape to conceal its
bare bosom. Floyd Caldwell's continued imprisonment
generates little outrage in predominantly white Berrien
County, yet a local pub owner's request to stage a
"burlesque" show results in obstreperous protests. While
reasonable minds, of course, can differ over the merits or
detriments of adult materials, it is repugnant when such
materials are used as a "bogeyman" so those in power can
present a faĆade of "morality," while they fight unjust
wars, ignore wrongful imprisonments, and tell outright
lies.
Of course this alleged "concern" over the exposure of the
human body does not translate into a commensurate concern
for the body-s health. Millions of Americans (including
myself) have no health insurance, and millions more find
the costs of such insurance increasing. Employers are
finding "creative" ways to exploit part-time or
"temporary" workers so they don-t have to pay health
benefits, and countless Americans are only an accident or
disease away from having their life savings wiped out.
But apparently allowing millions to suffer pain and
disease because they cannot afford a trip to the doctor is
not "immoral."
In recent times there have been reports that some
individuals who murdered civil rights activists during the
1960s expressed regret for their deeds while on their
deathbeds. There are also those who once hawked the war
in Vietnam who are now expressing regret about doing so.
While some may find this inspiring, I find it hypocritical
that those who profited from, or evaded justice for, the
abuses of their fellow human beings now want absolution
when they can no longer right the wrongs they have
committed.
Dr. Martin Luther King Jr. once said that "No lie can live
forever." While I have the utmost respect for Dr. King,
the truth is that some lies do live forever. Fortunately
the liars do not. And the lesson these liars often forget
is that the only difference between morality and mortality
is the letter "T," which I believe stands for "time."
While mortality does not always bring morality in a timely
fashion, perhaps it does bring justice, so those with
"blood on their hands," those who permit, rationalize or
ignore the Floyd Caldwells of the world, and those who ask
of others what they do not ask of themselves, will
ultimately be recognized for the criminals, thugs and
hypocrites that they are, and hopefully the powerless of
the earth who dared to speak knowing that none would
listen, will come to realize they were not so powerless
after all.
David R. Hoffman, Legal Editor of PRAVDA.Ru