In Memoriam: Troy Davis.
This is definitely not an easy post to write. Considering the current climate in politics, and the disturbing trend of these politics where life and death are concerned (a trend that can only be described as an experiment in eliminating basic human compassion and common sense), this is something that may likely be controversial, but things being what they are, it needs to be said.
Back story is thusly: Troy Davis was on Death Row for killing Officer MacPhail in an altercation. The problem? He didn’t own a gun at the time. The other problem? Evidence against him was primarily eyewitness, which (as a rule of thumb in the crim-j world) is ranked as least reliable. Another problem yet? The victim was a policeman.
Now, you don’t need to be a police officer, or someone working within the system, or a crim-justice grad, to know that the police always protect their own. Though they’re obligated to protect and serve the public, when it comes to their own, gloves come off. Because of their position as protectors, this can and does give root to abuses of power. The police departments across this country, from NYPD to the small-town deputy squad, each and every one, have one thing in common: they will always guard their own.
Same thing goes for closing a case. There is enormous pressure on the district attorneys as well as the police departments to close the case. Keywords: close the case. It’s not about whether or not the case is closed properly, that is to say, the evidence is checked and rechecked to make sure that an innocent person doesn’t get imprisoned for something they had not done. It’s about closing the case. Because it’s all about the statistics, and it doesn’t look good if there’s too many open or cold cases on record. So there is pressure to close a case very fast.
And quite usually, it’s at the cost of someone innocent.
This is not a presumption, it’s fact. Project Innocence is an organization that survives by re-examining cold and closed cases, for which men and women sit on Death Row in various states across the country, where there’s even a smidget of possibility that the person whose life effectively came to a standstill behind bars, had never been guilty to begin with. It had saved lives, and exposed a quagmire of shoddy policework and even shoddier prosecution that had led to those incarcerations.
Project Innocence had been overloaded with cases almost since inception. Why? Because of the abundance of wrongful convictions that had accumulated over the years.
Troy Davis’s guilt had been under question for years. There was enough of a hoopla stirred up about it both by high-powered supporters and the Georgia legal circuit that, if only for the sake of benefit of the doubt, the appellate court should’ve granted the motion to review. I’m confident that there were plenty filed since 1989.
He didn’t get a review. However, a Texas man, a white supremacist who had killed and got convicted for it, had plenty of time for appeals.
So, okay. Let me get this straight. A black man whose conviction was under fire from the beginning doesn’t get so much as a case revision, but a white supremacist in Texas, whose guilt was never actually denied, was able to appeal because of a technicality? While Troy Davis’s witnesses had all recanted, citing police duress? Without there being any credible DNA evidence? And yes, it’s possible to have DNA evidence surface on a case this old; case reviews involve retesting the evidence with modern technology. Which, of course, was not done. In fact, it got denied.
I know I’m not the only one who sees a huge, glaring problem with this picture.
I think it’s time I shine a spotlight on some very ugly aspects of the justice system. It may seem like I’m deviating from topic, but bear with me here.
1. Justice isn’t blind. In fact, it’s not colorblind either.
How many times have the rich and powerful gotten away with their crimes because of their wealth? How many times would the defense rather blame the victim than face the fact that their client is guilty? More than enough. And, most crucially, how many times are two individuals who commit the same crime get convicted differently because of their skin color?
Yes, I’m going there. It has to be said: not only is justice not blind, but it’s not colorblind either. Nearly 80% of prisoners incarcerated today are non-white. Black, Hispanic, Filipino, and Asian prisoners are the majority. I really don’t want to hear it about evidence; somehow, evidence always finds a few snags in getting to where it needs to be, depending on who’s in the defendant’s seat. For all the lip service that the legal body will do, statistics and conviction/recidivism trends speak much louder than PR.
That and the convictions for the crimes are disproportional, which I’ll get to in a bit.
2. Private ownership of prisons.
Most people may not have been aware of this, but quite a bit of correctional facilities are privately owned. Think about it: someone develops land into a correction center, and a body of government (state, city, federal) contracts its use. This means, effectively, that whoever had ownership of that plot of land is now generating income – tax dollar income, mind you – per prisoner housed there. Per prisoner. Because the food supply, security, etc. is budgeted on a per-capita basis, and because US prisons are notoriously crowded and overcrowded, this nearly invariably means that there is more money coming in to house the inmates. Whether or not there’s room for them is another story.
In other words, and in very short: someone benefits from full prisons. Hint: not the inmates, and not the society at large. So all the men and women, regardless of race, who end up in prison are indirectly lining someone’s pockets with government-contract money, at risk to their lives.
Look, there’s no illusion about this: the inside is a brutal environment, private or otherwise. Prisoner abuse happens. A lot. And whatever your opinions on someone receiving prison justice for their crimes is, if the guards answer to an individual, rather than to a jury, what recourse would the inmate have if he or she was being abused by the guards?
Only recently have some states actually gone against the private prison as a concept. But it solves nothing for the overcrowding.
That, and the jail sentences are utterly disproportionate. Which brings me to…
3. The punishments do not fit the crimes, and hadn’t for years.
Want an example? Two words: Rockefeller Laws.
Really, 5-15 years for smoking a joint? And mind you, I’m only talking about marijuana, the common effects of which are relaxation and the munchies. Still, up to 15 years for a joint and mandatory double-digits for possession?
I have to ask if the individuals who comprise the government on the state and federal levels have passed junior-high-school history when it focused on the Prohibition. Let’s reiterate the lesson that the US Government learned from 1929 through 1931: prohibiting an illicit substance does not work. Legislating morality and behavior does not work. It increases crime, and claims lives as a side dish. I don’t know offhand how much money had been poured into the Prohibition, but I’m sure that whatever got poured into the War on Drugs over the past 40 years would make the Prohibition spending look like a trip to the grocery store on sale day.
As a result, what do we have? A booming prison population that, honestly, could be pared down big time on case review, and more still on actually asking oneself if the punishment really fits the crime. 5-15 years for a joint? No. Just no. If a teenager is experimenting with pot, what is he/she doing? Being a teenager. I cannot think that an 18-year-old should be tried and thrown into the slammer for however many years simply because he or she wanted to smoke a joint in college. It’s inhumane. The teenager does eventually grow out of the experimenting stage, but if you throw them into jail, then they are mixed in with, are influenced and often abused by hardened criminals. Which wrecks them for life.
4. It’s no longer about justice.
Keeping the prior statements about the corrections system in mind, let’s touch back onto the Troy Davis case.
When it comes to murder, the victims cannot speak for themselves, so – theoretically – the justice system is supposed to speak for them. It is not doing a good job, obviously. The family of Officer Mark MacPhail who was killed on that night in 1989 wanted only what every family would want when they lose one of their own to murder: closure. Note, I don’t use the term justice – I specifically chose closure. The family wants to see punishment for the crime that took one of their blood, grieve, close that chapter of their lives, and move on.
Now pay attention to something about the above sentence: I never said who would receive the punishment.
And that’s the problem right there. The person who should be punished is the person who had perpetrated the crime. These words are important, because especially in the case of Troy Davis, this was not about the person who had perpetuated the crime, but about closing the case quickly. You have witnesses recanting confessions citing police coercion. You don’t have the gun DNA-tested; epithelials do survive in an airtight evidence bag. Troy Davis had, until the end, maintained that he had not owned a gun.
So, can someone please explain to me how a man who doesn’t own a gun get convicted and consequently executed for shooting a cop?
You know, I have no idea. But I do know this: Troy Davis paid the ultimate price just so someone else could have closure. He was the price for the MacPhail family’s pain. And that price is hollow, because frankly, the guilty verdict was in question.
And that’s just it. This is the “justice” system of today: people only want someone to pay for their pain, but no regard as to whether or not that person actually had caused said pain. I’m all for retribution, I’m all for justice, but that’s just it: justice. What happened was not justice. What happened was a finger-point gone too far. Justice – real justice - punishes the criminal, not the fall guy.
Perhaps Troy Davis was in the wrong place at the wrong time when he got arrested. Perhaps he resembled the actual perp. We will likely never know the answer, but we do know this: people have found out about the crime and said “HE did it!”
And that’s when it all starts. It wouldn’t matter whether or not the evidence hadn’t been processed, especially back in 1989, because enough people have said those three little words. The balance of justice will begin to shift against whoever is in the hot seat of the interrogation room, with the first finger that goes flying, points at someone, and claims, “HE did it!” Never mind that the evidence might be lacking, poorly interpreted, poorly presented, or not analyzed because the science just wasn’t around yet. “HE did it!” is the yell and the battle cry. So the police will go after that person, and pressure them into “confessing” to the crime. Yes, I’m using quotations, because police interrogation techniques still (if only in my opinion) leave plenty to be desired. Over time, there had been plenty of coerced confessions. And railroaded witnesses who get a “helpful hint” from the prosecution? Please.
No, it’s not a bad Law & Order episode. This does happen. And, if I may add, frequently.
I will wax political here for a moment. It has a certain relevance, so bear with me here.
The highlights of the recent news in the world of US politics include the fact that Rick Perry, governor of Texas, is proud of the fact that he had presided over more than 200 executions, which also included more than one innocent man. He had rolled back environmental protection funding, and as a result, when Texas got ravaged by fires, there weren’t enough resources to go around. When he claimed that Texas has the best healthcare in the country, it turned out that the opposite is true. But, and this had given me the creeps, when someone asked him about the execution of an innocent man, not only did he not shy away from it, but his audience cheered.
The Republican rhetoric had already been proven time and again to be a showcase of violence, and we have always known that innocent people would end up dying as a result of that rhetoric. But to have people cheer the fact that innocent people are put to death? To have someone be on stage and be proud to have done that? To have the audience see nothing wrong with the execution of an innocent man?
How is that any different from killing someone in the middle of the street? Because I, quite personally, don’t see the difference between refusing to review a case where the person can be exonerated and putting a gun to someone’s head in broad daylight.
Thing is, executing the innocent was all the rage in the 50s. It was called lynching.
The conservatives in the political world so far have shown it very clearly: they all want to revive the glory days of the 50s, when things were simple, the white Christian male was king of house and home, the women made babies and apple pie, and where unpleasant complexities like post-WWII PTSD, abuse, unemployment, poverty, and economic trouble just didn’t exist in their perfect world. And they forget that in the 50s, people were lynched for no more than their skin tones, rape or abuse within the family home was an unprosecutable crime because the victims were cowed and bullied into silence since “no one would believe you anyway” and a woman can’t deny a man his rights, women died in back-alley abortions because no doctor would perform them in a safe environment, and non-white men and women struggled to even get accepted into colleges because of segregation and rampant racism, and lived in terror of the Klan knocking on their door. But so pretty is the picture of white Christian suburbia of the 50s that people are willing to forget that the 50s were an era of tacitly tolerated violence, and there were some forms of murder that were not only tolerated, but encouraged.
That is what’s becoming recreated in the modern platform. Except right now, the encouraged form of murder is to deny a stay of execution for evidence review because hey, they caught him, right? And he killed a cop, so he had it coming, right?
The unfortunate part to all of this is, the criminal justice system has been heavily influenced by this shift in mentality and politics at nearly every turn, from the victim-blaming and “look the other way” cops, to the appellate courts that would deny a motion to save face in election season. It’s all about the pretty picture. It’s all about conviction rates. Closed cases. Prosecution doing their job to put those bad, bad people behind bars. Never mind that somewhere in all of this, the right to a fair trial is falling by the wayside due to the fact that the political party wants to use good, supportable statistics in their campaign. And it’s usually at the cost of someone who’s wasting away in a 50-square-foot cell for a crime that he or she didn’t commit, a crime going back to before the forensic tech had developed enough to possibly exonerate them, if only the evidence could get reviewed today.
I don’t know when or how we have become so tolerant that we began to tolerate the same injustices that this society had fought to overcome time and again in its history. And especially at the cost of the wrongfully accused and wrongfully imprisoned.
Maybe it’s me being hopeful, but I do hope that Project Innocence will manage to fight for a posthumous review of the Davis case. Posthumous exoneration is the least that the state of Georgia can do to atone for this gross miscarriage of justice.
Troy Davis, requiescat in pace.
K.G.
PS: Anyone remember the Wickersham Commission? Time that it got brought back, and revamped to analyze crim-justice practices. It’s been long enough, and since people don’t learn from history, a remedial lesson is needed.
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