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  • 7/28/2019 APFFC Newsletter 10

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    www.apffc.org

    WEARETHESOLUTION

    TOOUROWN

    PROBLEMS

    Issue10 April1,2013

    By Wayne Akbar Pray

    From the time the general publicrecognized candidate Barack Obamaas a viable candidate, to the day thathe became the front runner, and the

    historic moment when he assumed the

    mantle of presidency, there has been arising cry from the left and right

    from those that opposed affirmative

    action, to those who supported it; that

    cry was echoed by politicians, pundits

    and more than a few preachers. The

    aforementioned collective cry has

    been NO MORE EXCUSES.

    Before going further it is fitting hereto note and give a general definition

    for the word excuse. For the readers

    edification, it may also be fitting to

    give the definition for the wordexplanation.

    Excuse: in relative part, an excuse is

    that one overlook or release from an

    obligation. Explanation: an explanation

    offers a logical reason or reasons as to whya thing has or has not happened. Anexplanation also makes plain or give andaccount for. There exists a distinct

    difference here, and this difference here is

    not one of degrees, it is a difference inkind.

    The collective cry of no more excuses

    was based upon a fact that most of us had

    come to celebrate this countrys election of

    its first African American President. The

    euphoria that this country experiencesgenerally, and African Americans perhapsmore particularly, will long live in thehearts and minds of those that shared that

    special moment in time.

    It was felt by many after the auspiciousmoment, that anything was/is possible. The

    consensus was and perhaps remains, that

    the election of Barack Obama to the

    highest office in the land, had permanently

    cracked the glass ceiling under which we hadso long lived.

    That assumption by many of our leaders

    leads to a posture that is at best historically

    naive an potentially counterproductive.

    Although the contexts differ, perhapssubstantially, our celebration is not the first

    time that we as a people have celebrated the

    collapse of some pillar of racism orsegregation. However, in each of the prior

    occasions, and there were many, there wasnever the sense that our battle against racism

    both flagrant and systematic, had somehow

    been won.

    In 1884 Moses Fleetwood Walker became

    the first African American to play major-

    league baseball. Moses would later retire

    from the game disgusted and disillusioned.In 1946, to much acclaim, Jackie Robinson

    would integrate theContinued on page 5

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    A Look at the Inappropriateness of Life Without Parole

    As an Alternative to the Death Penalty

    An excerpt from The Sentencing Project by Ashley Nellis.

    Advocacy campaigns to eliminate the

    death penalty in the United States have

    made significant advances in recentyears. Death sentences have been

    outlawed in five states since 2001, and

    even in the thirty-four states where they

    are still allowed; many states have not

    carried out an execution in years.Still,the United States keeps terrible

    company with other nations including

    China, Iran, Saudi Arabia, and Iraq,

    ranking fifth worldwide in the number

    of executions in 2011. In that year, theUnited States was the only western

    democracy to carry out executions.The declining use of executions in the

    United States shows that as a practice it

    is slowly falling out of favor in

    growing proportions of the country.

    The momentum of death penaltyabolition and reform work can be

    attributed largely to a combination of

    the accomplishments of the innocence

    movement, the demonstrated exorbitant

    cost of the sentence, and the lengthy

    appeals process.It has becomeincreasingly difficult to justify the deathpenaltys continued use in spite of

    differing views one may hold on

    punishment more generally. Those

    who raise concerns about efficacynow join with those who oppose the

    death penalty on moral grounds to

    create a sizable, diverse portion of the

    American public. The strategies utilized

    by the death penalty abolition campaign

    have broadened its support network

    by reaching out to atypical allies and

    have succeeded in making deathsentences less palatable to a wider

    audience.

    Over the same period of time, thesentences of life without possibility of

    parole (LWOP) have soared.

    LWOP is often touted as the humane

    alternative to the death penalty, yet

    many of the problematic aspects of the

    death penalty are also applicable to

    this sentence. The rapid growth in

    LWOP sentences has occurred withlittle acknowledgement, much less

    opposition.

    Strategies to abolish the death penalty

    can be improved upon by viewing the

    successful elimination of the death

    penalty as just the first step on the road

    to the reformation of extreme sentences

    altogether. In this view, the efforts to

    eliminate the death penalty are not inconflict with efforts to eliminate LWOP.

    And while LWOP is certainly not the

    only sanction in need of reform, it is

    the most logical place to begin becauseof the troubling qualities it shares with

    the death penalty in America.

    The use of life without parole sentences

    has increased by 300% in the past two

    decades.Between 1992 and 2008, the

    number of prisoners serving LWOP rose

    from 12,453 to more than 41,000. In

    sixteen states and the federal system, thediscretionary parole system has beeneliminated rendering all life-sentencedconvicts in those jurisdictions ineligible

    for release.

    Though LWOP is available in nearly

    every state,such sentences are

    disproportionately represented in Florida,

    Pennsylvania, Louisiana, California, and

    Michigan.Combined, these states

    accounted for 53.5% of all LWOP

    sentences nationwide in 2008.Racial

    disparities are deeply troubling: Blackscomprised 56.4% of the LWOP

    population nationwide in 2008, but this

    figure was as high as 73.9% and 73.3%in Georgia and Louisiana, respectively.

    Juveniles represent a growing segment oflife-sentenced inmates who do not have

    the opportunity for parole, now totaling

    more than 2,500 prisoners.

    Tough on Crime

    One reason that the number of peopleserving LWOP sentences increased is that

    policymakers ratcheted up the severity of

    sentences in the 1980s and 1990s.Elevatedcrime rates and crime fears at that time

    contributed to a new system of

    punishment that prioritized the offense

    over the offender and pushed for

    increasingly lengthy stays in prison. Catch

    phrases such as do the crime, do the time

    and life means life were popularized and

    quickly translated into crime policies thatultimately eliminated many of the

    indeterminate sentencing structures that

    had been in place for more than a century,

    replacing them with determinate, longsentences.

    Prominent among these tough-on-crime

    sentencing policies are three-strikes laws,

    one of the drivers of LWOP. Three-strikes

    laws have been promoted as providing

    confidence that upon a defendants third

    conviction he or she will be given an

    extremely long prison sentencepreferably one that locks him or her away

    for life. Between 1993 and 1995, twenty-

    four states and the federal governmentenacted three- strikes laws. While most of

    the life sentences resulting from three-strikes laws allow for the possibility of

    parole, thirteen states and the federal

    government have three-strikes laws that

    mandate LWOP for certain crimes.

    In 1994, Georgia passed a two-strike law

    that requires, upon conviction of the firststrike, that individuals convicted of

    kidnapping, armed robbery, rape,

    aggravated sodomy, aggravated sexual

    battery, and aggravated child molestationare sentenced to a minimum of ten years

    without parole. A second strike results in

    life without parole. The mandatory

    sentence for all homicide convictions is

    death, life imprisonment, or LWOP;

    however, even those sentenced to life

    imprisonment must serve a minimum of

    thirty years before becoming eligible forparole. Within the first few years, fifty-

    seven people were sentenced to LWOP

    under the new law. As of August 2012,737 Georgia prisoners were serving

    LWOP, a 270% increase from its

    population of 199 LWOP prisoners in

    August 2000. And despite the intended

    Continued on page 3

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    purpose of the law, LWOP sentenceshave not been reserved for the worst of

    the worst. Only a slight majority(58.93% as of October 2012) of life-

    sentenced Georgia inmates with no

    chance for parole have been

    convicted of homicide.

    LWOP can be a powerful tool to

    motivate defendants to plead guilty in

    exchange for having their lives spared

    by the state. Knowing this, prosecutors

    have been known to charge a defendantwith capital murder in the hopes that he

    or she will plead guilty and accept areduced, LWOP sentence. This practice

    has been approved by the Supreme

    Court, though the moral and ethical

    appropriateness of it is questionable,

    and it has eased the ways in which

    defendants receive an LWOP sentence.

    Mandatory SentencesBy 1963, all states had abolished the

    mandatory imposition of the death

    penalty. Analyses of executions before

    and after mandatory death sentences

    were permitted show a marked decline

    in the use of the death penalty whendiscretion is allowed. In at least twenty-

    nine jurisdictions, life without parole ismandatorily applied in some

    circumstances. The consequence of this

    is that decisions are not the product of

    reasoned deliberations.

    The issue of mandatory LWOP

    sentences, at least for some, received

    national attention in June 2012 because of

    the U.S. Supreme Court decision in Miller

    v. Alabama. Miller held that individuals

    who are under the age of eighteen at the

    time of their crime cannot mandatorily be

    sentenced to life in prison without the

    possibility of parole. In this particular case,

    Mr. Miller was fourteen at the time he

    committed homicide. Similar to other recentrulings on juveniles, the Court maintainedthat juveniles actions do not necessarily

    predict who they will become once they

    mature into adulthood. Mandatory sentences

    preclude the possibility of a second look and

    were therefore determined to be

    unconstitutional for individuals under

    eighteen.

    Judges are often frustrated with mandatory

    sentences such as LWOP. In one review offederal judicial opinions on sentencing,repeated concerns were voiced aboutextremely long sentences for non-violent

    and first time offenders. According to one

    judge, sentences that held nonviolent

    offenders past the age of sixty were

    pointless.Moreover, if there is no likelihood of

    release before death or old age, some judges

    are troubled that these defendants will have

    no hope, and therefore, little incentive to bemodel prisoners. Judges have also noted

    that giving a thirty-year sentence when

    fifteen would accomplish the same goal is

    fiscally irresponsible.

    Federal judges have expressed muchfrustration in their limited discretion at the

    sentencing stage when a mandatory lifesentence is the only option. Individuals who

    pose no threat of physical harm and have

    been convicted of nonviolent offenses are

    nevertheless subjected to mandatory

    LWOP sentences under harsh federal

    sentencing structures. Recollecting one

    such case, a federal judge remarked in an

    interview that had he not been forced to

    issue an LWOP sentence, he would have

    opted for a term of ten to twelve years.

    Racial Disparity

    Racial disparity is a widely documented

    problem in death sentences; multiple

    studies confirm that race plays a

    fundamental role in sanctions imposed

    within the criminal justice system.94 The

    race of the victim appears to play a

    particularly important role in whether thedeath penalty is sought.95Any sentence that is more likely to beimposed because of ones racial or ethnic

    background, all other factors being equal,

    is inappropriate. Just as it is wrong to

    administer a death sentence when it is

    discovered that the trial phase was

    influenced by race, it is also wrong to

    sentence someone to life in prison for this

    reason. Yet we see this playing out in

    states around the country.

    Of the 41,095 people serving LWOPsentences (as of 2008), 48.3% are

    African-American. While data on the raceof the victims for all people serving life

    without parole sentences has not been

    gathered, an analysis of data on juvenilelife without parole (JLWOP) shows that

    the proportion of African-Americans

    serving JLWOP sentences for killing a

    white person (43.4%) is nearly twice the

    rate at which African- American juveniles

    overall have been arrested for taking awhite persons life (23.2%). Perhaps otherfactors, such as a prior record, account for

    this large-scale disparity, but until we canbe absolutely certain that these other

    factors provide a full explanation, it is

    inappropriate to permit criminal

    sentencing that produces racial disparity.

    To read the complete report visit:www.sentencingproject.orghttp://sentencingproject.org/doc/publications/jj_N

    ellis 2013 Tinkering with Life U Miami LawReview.pdf

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    No RespectByRudyWilliams

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    *******

    POETRY BY SAINT

    Written by Semaj Thomas '13

    An Explanation, Not An Excuse

    Continued from page 1

    America. In the same breath that we celebrate this

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    ByOsbedMerced

    Machismo (pron.: /mtizmo/;

    /mtzmo/, Spanish: [matizmo],Portuguese: [mimu]), ormachoism is

    the practice of being macho or manly.The

    term "macho" has a long history in both

    Spain and Mexico. Inpre-Colombian

    Mexico it was an (Aztec) Nahuatl word

    meaning wisdom and leadership; itdescribed a person who was enlightened,

    respected and emulated. Meanwhile, the

    term "macho" in Spanish was a strictlymasculine term, derived from the Latin

    "masculus" meaning male. When Spain

    colonized Mexico, these two distinctmeanings fused together to create a

    powerful new concept, that of masculine

    honor that was to

    be respected and

    imitated. TheMexican brand of

    masculinity was

    born. Macho men

    were to have

    bravery, courage

    and strength as wellas wisdom and

    leadership. "Ser

    macho" was

    something all boys

    were to aspire

    to.During the mid20th century, the

    term "machismo" began to be criticized by

    Americans and ridiculed in literature,

    television and film. The stereotypical

    Latino immigrant was described as an

    oversexed, overly aggressive, "macho"

    loser. During the women's liberationmovement of the 1960s and 70s, the term

    began to be used by feminists to describe

    male aggression and violence. The term

    was used by Latina feminists and scholars

    to criticize the patriarchal structure ofgendered relations in Latino communities.

    Their goal was to describe a particular

    Latin American brand ofpatriarchy

    The English word "machismo" derivesfrom the identical Spanish and

    Portuguese word. Spanish and

    Portuguese machismo refers to the

    assumption that masculinity is superior tfemininity, a concept similar to R. W

    Connell's Hegemonic masculinity.

    Presently in the sense that supposed

    feminine traits among males (or traitshistorically viewed as non-feminineamong females, see marianismo) are to

    be deemed undesirable, socially

    reprovable or deviations. Gender roles

    make an important part of human identit

    as we conduct our

    identities through ourhistorical and current

    social actions.

    Machismo's attitudes

    and behaviours may be

    frowned upon or

    encouraged at variousdegrees in societies or

    subcultures , albeit it

    is associated with more

    misogynistic

    undertones, primarily

    in present views on the

    past.

    Women can be said to be '"machistas",

    women who support the macho culture,

    mainly as a pejorative term used by othe

    women who see themselves as more

    liberated or by pro-feminist men. In theculture of machismo, as well as in

    Western cultures hypermasculinity, theidealized womankind is that submissive,

    conservative, "pure" and family-centered

    the opposite of many, if not all, the

    characteristics of themacho gender role.

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    BY AKBAR PRAYCOMING SPRING OF 2013

    FromtheAuthorofDeathoftheGame

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    Where Do We Go From Here?

    A Summary of The Schott 50 State Report 2012

    By Milagros Milan Harris Below are a few of the reports findings and commentary. For the full report, go to:

    www.blackboysreport.org

    The persistence in graduation gaps identifiable by race and gender over the last

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    ByOmifalade

    The questions have been asked, Is Hip

    Hop Music Destroying America, Is Hip

    Hop A Threat To Our Children or Should

    Rappers Be Accountable For Their

    Lyrics? You be the judge. Earlier this

    year the song Karate Chop leakedonline featuring rapper Lil Wayne. He

    raps, Bout to put rims on my skateboardwheels/Beat that (expletive/woman

    genital) up like Emmett Till. A fewweeks later a song by rapper Rocko

    featuring Rick Ross was release called

    You Dont Even Know It. Rick Ross

    raps, Put molly all in her champagne,

    she aint even know it/ I took her home

    and I enjoyed that, she aint even know

    it. Yes, we have our freedom of speechright, but when is freedom of speech

    taken too far?

    Many would say both rappers have taken

    their lyrical content too far and offendedtoo many. The family and estate of Emit

    Till have released a statement of

    disapproval over Lil Waynes disregard

    and disrespectful lyrics. Though his

    record label issued a statement of

    apology, the rapper has yet to do so. Inthe case of Rick Ross, a petition has been

    started over his blatant disregard forwomen and the issue of date rape. The

    U.S. Department of Justice estimates that

    over 300,000 women are raped or

    sexually assaulted per year in the UnitedStates alone. That is a disturbing number

    and should not be taken lightly. His

    lyrics not only condone the behavior, but

    he boasts about it in the song. While

    some feel its only entertainment, manyfeel it sends and encourages the wrong

    message. Several individuals and

    organizations have taken a stand and so are

    we. Effective immediately MuskegonsWUVSlp 103.7 the Beat has pulled ALL

    Lil Wayne and Rick Ross music fromrotation. We pride ourselves on playing

    music that is non-degrading and non-

    violent. While we believe in freedom of

    speech, creative writing and individualism

    we refuse to be part of the problem by

    spreading messages that could harm or end

    someones life.

    Sign the Rape, Rick Ross and

    Responsibility Petitionhere

    For all Press/Media inquiries please cal

    231-727-5007.

    We encourage you to follow us on Twitter

    @1037thebeat and on Facebook at 103.7

    the Beat WUVS-LP for our latest socia

    news.

    Letter to my menzs

    Dear nena LIlly ahi yai yai

    I wrote leter to my menz at zing- a- ling prison an nena no se wa hapen, Rosita

    tel me to put all my menz nombres en cc so I no has to write mucha letta these is

    wha I write I sho jew.

    cc malik, pedro, juan, joe, Antonio, hakim, michaeal, y carlo

    Dear malik hola papi I miss jew mucho an I waas so hungry for jew love I missa

    jew mucho an I wana pput tu pinga in my boca mouth for jew I no jew lik tha mee

    tu

    I cano go to sea jew no moni bu I do my nales day loo bella lika me jew no no

    Linda

    Bellajaka hehehe hony I go see jeww at zing-a-ling prison in the da dia I havetmoni

    Jew no jew my luv I hab only jew papi my chocho misa jew mucho I wayt for jew

    luv

    Maria lupita sanchez rivera

    Mi amiga wa hapen el saa hee me mata wy I rite nice leter que paso?

    A LOVE LETTER

    FROM YOUR

    CHONGA

    SWEETHEART

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    By William Thomas

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    Having Mr. Pryor take time out of his busyschedule to speak to my eighth grade students about

    the harsh realities of life was a great opportunity to

    expose students to certain truths they were blinded

    by. Mr. Pryor engaged students in dialogueconcerning life in the hood, the street corner and more

    importantly the severe consequences they may face asa result of choosing to accept cultural norms as

    opposed to breaking free both mentally and

    spiritually.His vivid imagery and detailed descriptions

    of his life story will forever be embedded in the

    minds of these students, as their understanding and

    perception of life was clearly misconstrued in many

    ways. The speaker brought light to a dim reality

    through emphasis of self reflection, tenants of

    education, assuming accountability for ones actions

    and gaining a strong sense of consciousnessindicative of one's life path.

    Students were thoroughly engaged in his

    lecture, wrapped up in his positive aura andconsumed in the thought that someone could finally

    relate to their struggles and provide hope for futures

    that often seem dismal, given their surroundings. We

    hope that Mr. Pryor will consider visiting us soon

    again, as there is a definite need to continue this

    imperative work with our youth.

    -Nadira Raghunandan

    Literacy Consultant

    We are the solution to our own problems.ThecenterpieceoftheAPPFCseffortstoliveuptoitsmottoisitsoutreachprogram.Ledby OutreachDirector,AkmoonPryor

    theprogramhasembarkedonamissiontobringamessagetoanincreasinglyyoungeraudience:

    Thestreetsarenotforwinnerstheconsequencesofextralegalactivityaretoogreat.Life,freedomandtheheartache

    ofbrokenfamiliesandspiritsaretoohighapricefordreamsofsuccessthatwillneverberealized.Thepathtoprogress

    intheinnercitycommunitiesiseducation,entrepreneurshipandcivicengagement.

    Theprogramoriginatedin2011,atNewarksCentralHighSchool,withspeakersandmentorswithstreetcred

    routinelyvisiting,speakingtoandmentoringindividualstudents,classesandoftenentireauditoriumsofyoungpeople.Our

    mentorshavebeenknowntoshowupatamomentsnoticetodiffusesituations,offeringadviseandsupporttoatrisk

    youths.Theprogramlaterexpandedintootherhighschoolsandafterschoolprogramssuchasaprogramforadjudicated

    youthsatASPIRAinNewark,NJ.OurlatesteffortshavebeenamongMiddleSchoolchildreninJerseyCity,NewJersey.Below

    arepicturesfromarecentvisittoan8 thGradeclassandatestimonialfromtheirteacher,Ms.NadiraRaghunandan.The

    studentsfollow-upassignmentwastowriteindividualletterstoMr.Pryor,whichwehopetoshareinafutureissue.

    Andwhilethebenefitsofmentoringmaybetargetedattheyoungpeople,thereisalsoagreatbenefitforthementorswhocometointeractwiththeyoungandimpressionableyouths,manyofwhomhavefirsthandexperiencewiththeCriminal

    JusticeSystem.InMr.Pryorsswords:Iamalwaysgratefulfortheopportunitytousemyexperiencestopreventayoung

    personfromhavingtogothroughwhatIhavebeenthrough.

    Ifyouarenotpartofthesolution,

    Youarepartoftheproblem.

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    this doesnt apply to the thousands who

    suffer with emotional disabilities and lackof a strong sense of purpose and self who

    are discarded in supermax prisons across

    the country. Isolation prisons seem to have

    become the new public housing for the

    emotionally unhealthy that the system is

    unwilling to cope with. The long terms

    effects really lay within the internalfortitude of the individual.

    APPFC: Give our readers a layman's sense

    of sensory deprivation and it's role insolitary confinement.

    BK: Prolonged solitary confinement in the

    form of control units, security threat group

    management units, special needs units,

    communications management units, etc.has been a long time concern for many

    prison activists on both sides of the walls.

    Control units surfaced during the 60s and

    70s when many in my generation believed

    we were free to dissent politically, It wasduring these tumultuous years of the civilrights movement when large number of

    activists found themselves in US prisons.

    Unlike physical or chemical torture,

    Sensory deprivation is no touch torture.

    This is a set of practices used to inflict pain

    or suffering without resorting directly tophysical violence: sleep deprivation,

    sensory disorientation, solitary

    confinement, humiliation, extreme cold or

    heat, extreme light or dark, intentional

    placement situations, a systematic attack on

    Interview With Bonnie Kerness Part 2

    APFFC: Bonnie, what are the long-term

    effects, both physically andpsychologically of long term solitary

    incarceration?

    BK: I have found that emotional and

    intellectual traits, ones physical andpsychological resources, are crucial to

    how well people survive long-term

    isolation. In order to survive protracted

    isolation one must have a strong sense of

    self and purpose. If you do not hang onto

    your convictions and ideologies, you are

    lost. Its been my experience over theyears that people placed in long-term

    isolation for political reasons do not

    struggle with emotional or physical

    deterioration. They have a clear

    understanding that the governments

    purpose of this form of politicalinternment is to break them

    psychologically. It was at the behest of

    many of these political people that AFSC

    developed the Survivors Manual

    written by people living in isolation forpeople living in isolation. The strength

    of the self-developed cell programs

    described in the Manual were inspired by

    the experience of former US political

    prisoner Ojore Lutalo, who spent 22years in political isolation for

    entertaining thoughts that the

    government didnt approve of. Ojore andothers of political understanding come

    out of their extended isolation experience

    undamaged. The more resilient have a

    firm sense of identity, self-confidenceand optimism. They tend to hold strong

    beliefs, political or religious. Another

    key component to surviving long-term

    isolation, is understanding the methods

    that the state employs to break the mindsof men and women as footnoted below

    in the Bidermans chart and excerpts of

    Breaking Mens Minds. Unfortunately,

    all human stimuli. The intentional

    placement situations are designed to bepsychologically abusive- i.e. Ojore being

    placed in a cell drenched with human

    blood after a prisoner attempted suicide

    or Shaheed (a street organization

    member) being put into a Special Needs

    Unit after challenging the abusive

    practices occurring in NJs NorthernState Prison Security Threat Group

    Management Unit. Shaheed did an

    interview with us after his release in

    2011 and reported witnessing thetyrannical abuse of the mentally ill. He

    said to me, Whatever torture I

    experienced in the gang unit was nothing

    compared to what I saw them to do the

    mentally ill people in the Special Needs

    unit. AFSC has obtained a video taken

    by Omar Broadway when he was in theSTGMU, which I show often when I

    speak publicly. Its depiction of the daily

    torture of these young men is graphic.

    Ms. Kerness is Prison Watch

    Coordinator of The American Friends

    Service Committee, a Quaker

    organization that promotes lasting peace

    with justice as they nurture the seeds of

    change and respect for human life that

    transform social relations and systems.

    In theMarch issue, Ms. Kerness expressed her views

    on the increased use of solitary confinement in

    Americas prisons. This month, we continue with a

    dicussion on the physical and psychologial toll thissytematic torture inflicts on inmates.

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    ByJosephJazzHayden

    Two systems of criminal justice have once

    again been confirmed, this time on theinternational stage with the exposure of one

    of the largest banks in the world, HSBC, as

    one of the biggest money launderers in theworld.

    It has long been my position that the

    criminal justice system that poor and

    oppressed people desire already exists. It is

    a system of restitution, fines, community

    service, and non-incarceration; unlike the

    totally punitive system of jails, prisons,

    chain gangs, death penalties, and harsh

    prison conditions.There has always been this duplicity that

    has been based on power and privilege in

    America. Racial control of the power

    structure and white-skinned privilege hasunabashedly designed these two systems to

    meet their needs for social control.

    To show the glaring

    disparity between how

    the rich andpowerfulare treated, in contrast

    to how the poor andvulnerable are treated, I

    need only relate a

    chapter in my lifeexperience.

    In 1977, I was arrested,

    along with about 15other men of color, and

    charged with conspiracy

    to violate the federal

    drug laws of the United

    States. There was a

    media frenzy aroundthis case because the

    lead defendant was none other than the

    notorious Nicky Barnes. His noterietycame from his lawyers success in beating

    several flawed attempts to arrest and

    convict Mr. Barnes. The New York

    Times labeled him Mr.Untouchable. There were claims of a

    sophisticated corporate structure (labeled

    the Council) that sold millions of dollars in

    illicit drugs across the country, engaging inviolence, money laundering, and other

    related drug crimes. Curiously, probably

    the most damning evidence against this

    band of brothers was that they all paid theirtaxes on their illicit income. A reading of

    their income tax returns offered into

    evidence showed that many of them used

    tax accountants out of Detroit to prepare

    their taxes this was used as damning

    evidence of conspiracy, paying taxes.Well, out of all of those on trial I was the

    only one charged with money laundering. I

    was not charged with selling, possessing, ordistributing drugs, just exchanging some

    $47,000 in small bills for $100 dollar

    bills. This money came from three after

    hours clubs (gambling), a variety store, and

    a restaurant common enterprises in the

    economically marginalized Harlems of

    America. Well, I was convicted of

    conspiracy. When the judge asked what was

    done with the money that was received fromme the court was told that it was put back in

    circulation, that it was not connected to any

    drug transactions. I was given 15 years,

    lifetime parole, and a $30,000 fine. Thejustice department, in a hearing before the

    Congress, bragged about their first time ever

    convicting someone in a drug conspiracy who

    had no connection to drug transactions. Oh,and I forgot to mention that another first was

    accomplished by the government in their lust

    to convict these 15 black men from New

    York City. The government broke over 200years of precedent by empaneling an

    anonymous jury, a jury designated by

    numbers no names, no religion, no race or

    ethnic background just numbers.Fast-forward to the present and we have a

    money launderer of billions of dollars from

    drug cartels and nations under sanctions from

    the UN and the United States ofAmerica. Europes largest bank not a

    ghetto sidewalk executive, HSBC the largest

    bank in Europe, money launderer in

    chief. NO prison! No house arrest! Not fired

    from their jobs and banned from

    banking? Oh, they are Profoundly

    Sorry. We accept responsibility foour past mistakes, Gulliver said in the

    statement. I did every day of my

    15-year sentence. The Supreme

    Court threw out the lifetime parole

    (or I would still be doing that). And,

    I was so broke by the time I wasreleased that the judge they took me

    before (the day of my release) said

    enough of this

    persecution and threw

    out the fine.

    My story is the story of

    millions of people of

    color in this country;

    there is no justice in

    America for the poor

    and themarginalized. Just

    stand outside thecriminal courts, traffic

    courts, and civil courts

    on any day of the weekand you will see long

    lines of poor people of

    color black, brown,

    and beige receiving

    poor people injustice. Some of us

    come out of this prison-industrial

    complex in a state of constant ragewith but one goal; dismantle this

    monster.

    Join me! Join the Campaign to Endthe New Jim Crow.

    Joseph Jazz Hayden

    Joseph Jazz Hayden is the founder

    and CEO of Still Here Harlem

    Productions and its

    offshoot AllThingsHarlem.com. He

    is also the initiator of the CampaignTo End The New Jim Crow, a

    campaign to build a national

    movement to end mass incarceration

    and to build caring communities.

    Two Systems of Justice

  • 7/28/2019 APFFC Newsletter 10

    16/16

    loremipsumdolor issue,date

    MISSION STATEMENTThe Akbar Pray Foundation For Change (APFC) is a not for profit grassroots organization, dedicated to redirecting the lives

    of our urban at risk youth. It has been and remains our organizations mantra that " we are the solution to our own

    problems." It is our core belief that there are those within our communities, if so engaged, who can help turn the tide of crime,

    delinquency and recidivism which grips the lives of so many our inner city youth.

    Operating from the premise that to effectively attack or address any problem you must start at its root, we have begun a

    program in some of our citys schools and group homes, where we supply speakers, mentors, CDs and written material from

    the organizations founder, which cuts to the heart of the problem experienced by many of these youths. Some times workingwith former gang members, inner city icons and others that have what is referred to as street cred, we have been able to

    achieve remarkable results.

    Expanding on our mission, we continuously recruit individuals from various work disciplines to aid in educating young men

    and woman with marketable skills.

    To those ends we have engaged people both inside and outside our community to come to our classes and or workshops to

    share and discuss the ups and downs, ins and outs of a wide range of work disciplines and careers. Never favoring one career

    path over any other, we have invited professors, urban fiction writers, successful members of the hip hop industry, general

    construction contractors and a Superior Court Judge to these open discussions and Socratic Circle seminars.

    Again, it is our core belief that "we are the solution, to our own problems." In closing. We invite your participation in this

    noble undertaking.

    IF NOT YOU, THEN WHO?

    IF NOT NOW, THEN WHEN?

    A Petition for aPresidential Commutation on behalf of Wayne Akbar Pray has beensubmitted to the Office of the Pardon Attorney. It is a request that his non-parolable life-sentence be commuted,making him eligible for parole in the near future. His success depends on the efforts and the voice of hiscommunity. Below you can find the numbers and addresses of those who are in possession of the CommutationPackage. A call to any or all of them on behalf of Wayne Pray could make the difference whether he is returned

    to his family and community or spends the rest of his years in prison. Please make the call!

    Attorney General Eric Holder

    Correspondence to the Department,including the Attorney General, may besent to:

    U.S. Department of Justice

    950 Pennsylvania Avenue, NW

    Washington, DC 20530-0001

    By Phone

    Department of Justice Main Switchboard -202-514-2000

    Office of the Attorney General Public

    Comment Line - 202-353-1555

    By E-Mail

    E-mails to the Department of Justice,

    including the Attorney General, may besent to [email protected]. E-mails will

    be forwarded to the responsible

    Department of Justice component for

    appropriate handling.

    Fax: (202) 225-7854

    Congresswoman Maxine Waters

    2344 Rayburn House Office BuildingWashington, DC 20515Phone: (202) 225-2201

    Congressman Donald Payne Jr.103Cannon House Office Building

    Washington, DC 20515

    Phone: (202) 225-343Newark Office

    60 Nelson Place

    14th Floor (LeRoy F. Smith, Jr. Publi

    Safety Building)

    Newark, NJ 07102

    Phone: (973)-645-32136

    Correspondence to the Department of Justice,

    Office of the Pardon Attorney, may be sent to:Ronald L. RogersOffice of the Pardon Attorney

    1425 New York Avenue, N.W.

    Suite 11000

    Washington, D.C. 20530

    By Email

    [email protected] (noattachments)

    By Phone

    (202) 616-6070

    Congressman John Conyers

    Washington Office: 202-225-5126 Detroit Office: 313-961-5670

    Trenton / Downriver Office: 734-675-4084

    You can also visit me on Facebook at

    www.facebook.com/CongressmanConyers.Why? Because it is

    your right!

    Akbar Pray Foundation For Change