The Myth of Equal Justice

By Mildred Robertson

Cyntoia Brown killed a man. She will spend at least 51 years in prison if her sentence stands. It’s a familiar story…a troubled youth suffering from lack of parental support, trapped in the sex trade with no hope of escape. Brown says that she feared that the 43-year-old man that purchased her for sex would kill her. Prosecutors argued that she only wanted to rob him and chose to charge her as an adult with first degree felony murder and aggravated robbery. She got two concurrent life sentences. She was 16 years old. 

While there are many reasons why Cyntoia should not have been tried as an adult, including the fact that she was an underage victim of abuse, sex trafficking and suffered from a fetal alcohol disorder due to an alcoholic mother who abandoned her, her case is representative of the unequal balance of justice in our country.

According to a report submitted by “The Sentencing Project to the United Nations in April 2018, African Americans are more likely than white Americans to be arrested. Once arrested they are more likely to be convicted and to experience lengthy prison sentences.

It is conceivable that, had Cyntoia, been prep-school Becky from Manhattan, the courts would have viewed her differently. Her tragic life would likely have engendered sympathy and she would have been viewed as a victim rather than a predator. This is evidenced by numerous cases where the courts have shown leniency to young people who have committed crimes.

While Brown languishes in jail for killing her molester, Jacob Anderson, a former Baylor University fraternity president accused of raping a woman at a fraternity party avoided jail time as a Texas judge accepted a plea bargain that allowed 23-year-old Anderson to plead no contest to the lesser charge of unlawful restraint. By pleading no-contest Anderson did not have to admit guilt nor offer a defense.  

In a similar case, a California judge sentenced a former Stanford University swimmer to a six-month jail sentence for sexually assaulting an unconscious woman. Prosecutors had asked for six years for 20-year old Brock Turner. Superior Court Judge Aaron Persky said that Turner's age and lack of criminal history made him feel that imposing a six-month jail sentence with probation was appropriate. “A prison sentence would have a severe impact on him," Persky said.

It seems that the judicial system is comfortable looking the other way when white, middle and upper-middle class white men commit crimes, but find it difficult to find compassion for people of color who run afoul of the law. In 2016 Black youth accounted for 15% of all U.S. children yet made up 35% of juvenile arrests in that year.

The Sentencing Project found that one out of every three black boys born in 2001 could expect to go to prison in his lifetime. For Latinos it is one of every six, compared to just one out of 17 white boys in the same category. While ethnic disparities among women was found to be less substantial, they remain relevant.

The project determined that the United States has developed two distinct criminal justice systems…one for wealthy people and another for poor people and people of color. While America says that Lady Liberty is fair and balanced, minorities and the poor commonly don’t have access to the best lawyers who can defend their constitutional rights. This is evidenced by the overwhelmingly disproportionate incarceration of the poor and people of color.

Cyntoia’s case has gained attention because of several celebrities that have come to her defense. It is possible that the governor of Tennessee may pardon her. Let’s hope that happens. But that will not mitigate the myriad number of people incarcerated wrongly, or who suffer under overly harsh sentences because they are poor or black. It seems that justice is neither blind nor balanced in the United States. It appears that equal justice is a myth.

Don’t Worry – Vote

By Mildred Robertson

America is in turmoil; the kind of turmoil it has not experienced since the unrest experienced in the 60’s and 70’s. Our way of life appears to be teetering on the verge of collapse. All of the norms we have associated with good governance have been broken, and our nation is reeling. As I converse with friends and acquaintances, I have noted furrowed brows and hand-wringing as we discuss the most recent assault on democracy, social norms, women, minorities and myriad other groups that have normally looked to Washington D.C. for equal rights, safety and support. We wonder, individually and collectively, what is to become of our nation. Are we in the final throes of a devastating downfall experienced by many of the world’s most successful empires?

It is a frightening time. But we should not despair. Our Founding Fathers, despite their shortcomings and prejudices, did in fact create a process by which we can pull ourselves back from the brink. Our ability to shape this nation and the laws that govern us is both flawed and unique. Its flaws must be addressed at another time and space, but its uniqueness may very well save us.

Each individual…you, me, your next door neighbor; we have the power to impact our country’s direction. Each of us must vote. But many of us don’t.

During the 2014 Mid-Term election, only 44% of North Carolina's eligible voters turned out to vote. Less than half of our state’s electorate took the time to participate in the most important exercise of our civic life. Even in the 2016 Presidential election, less than 70% bothered to vote.

The result of this malaise among voters was not unique to North Carolina. Only 60% of the nation’s eligible voters turned out for the 2016 Presidential election. We HAVE to do better.

This year’s Mid-term election is perhaps the most important in my lifetime. Who would think that that could be said after we experienced the election of the nation’s first African American president? But it is true. The election of Barack Obama ushered in a new awareness of America’s promise. The election of Donald Trump unbound the suppressed hatefulness of our nation’s past.

We can decide whether we will return to the time when a man could be chattel, and a woman could be devalued, or we can move forward toward the promise of equality, freedom and prosperity for all who reside within our borders.

It is simple. Get up. Go to the poll. Vote!  That’s it.

That is all it takes to turn this nation around. That is all it takes for us to redirect our legislators and to reign in a presidency that may well drive us to destruction.

Are you worried?  I was; and then I voted!

Don't worry-Vote

VOTE “NO’’ ON NORTH CAROLINA CONSTITUTIONAL AMENDMENTS

By Mildred Robertson

The North Carolina General Assembly is out of control. It has created voting districts meant to silence voters rather than give them a voice. They have determined that one kind of voter is more valuable than another, and they have sought to memorialize divisiveness by rewriting our state constitution to disenfranchise some North Carolina Citizens. While many progressive thinkers strive to increase the number of individuals who participate in elections, it seems that the General Assembly wishes to suppress participation by making it more difficult for some to vote. The restrictions appear to have the greatest impact on minorities and other people of color.

Among the amendments on this November’s ballot is yet another attempt to provide roadblocks to the ballot box for citizens whose right and responsibility it is to vote. The amendment tries to circumvent court opinions that struck down earlier attempts at voter suppression by placing voter ID laws in the state constitution itself. The law requires presentation of documentation that many times is unavailable or difficult to acquire for targeted groups. Therefore, under this law, many eligible citizens would be denied their right to vote.

On the other hand, statistics indicate that the voter ID laws are a solution looking for a problem. The state Board of Elections conducted an extensive, in-depth audit to see how many ineligible votes were cast in North Carolina in the 2016 election. According to an April 24, 2017 News Observer report, of the 4.8 million votes cast in North Carolina in November 2016, only one (1) vote was found that probably would have been avoided with a voter ID law. So clearly, the targeted individuals for voter ID laws are those folks who are entitled to vote, but who are not a desired constituency of those currently in the General Assembly.

The Voter ID law is only one of six Constitutional Amendments that will be on the November ballot. The other five are as equally divisive. Among them is an amendment that would change the elections board, decreasing the board from 9 to 8 which would remove the potentially tie-breaking vote. Further, it would transfer power to pick board members from the governor to the legislature. This is yet another power grab by the legislature and an attack on free and fair access to voting rights.

The main problem with the all six amendments is that the ramifications of their passage has not been well communicated to the public. The amendments are so problematic five former governors have campaigned against several of them. The bottom line is, if you don’t completely understand what impact an amendment will have, it is probably best to vote no. That is my recommendation.

It is imperative that we safeguard citizen’s access to the ballot box and that we vote to maintain the balance of power. Let’s check the General Assembly, and let them know we are paying attention. Vote “No” on, not just on the voter ID amendment…vote “No” on them all.

The Power of the Ballot Box

By Mildred Robertson

We have seen a resurgence of protests and other political action across the United States as we face perhaps the most challenging attack on civil liberties since the 1960’s. Many are alarmed at the attacks on our fundamental constitutional rights, explicit displays of racial hatred and the misogynistic treatment of women and minorities.

As many Americans look back with nostalgia on the “good old days” when they say America was great, many of us see a return to rampant racism and social and political exclusion. Their nostalgia harkens back to a time when women were consider of lesser value than men, and blacks and other people of color were considered less than human. The backlash occurring due to social and political gains by blacks and women has resulted in the emergence of a far right wing conservatism that threatens to destroy the foundational concepts that undergird our constitution. This right wing movement wrested control of the wheel of power in Washington D.C. while the majority of Americans were engaged in inter-party politics, or were not engaged at all.

The result has been a resurgence of political practices that include street marches, sit-ins, and other tactics to bring attention to a swing away from commonly held American political principles and practices. While all these are positive tactics, the most meaningful action a citizen can take is to vote his or her convictions.

This right-wing takeover did not occur because there were not motivated patriots knocking on doors, raising funds, supporting positive candidates or pushing progressive initiatives. It happened because of the people who did nothing. It happened because some people decided to opt out of the political process and not vote; a decision that affected us all. I say this not to blame anyone, but to educate.  Many of us embrace the fact that we have a right to vote, but do not hold that same passion for our obligation to do so.

Much of what is our civic duty is mundane and boring. Mid-term elections are not sexy like presidential elections. In presidential elections we tend to get caught up in the horse-race…the personality of the front runners…the polls...the party intrigue. We choose who we hate and who we love. And then, many of us vote. But far too many do not. And when we move to mid-term elections, only a handful of eligible citizens show up at the polls.

It is clear that elections have consequences. We are living the result right now. And that result has caused a swell of protests and political activism.

While it is good to march and protest leadership that has gone astray, it is equally important to let elected officials know that their failure to represent us effectively has consequences. We must let them know that we will not only scold them, but we will hold them responsible at the ballot box.

Our collective outrage at the poor representation of our current leadership is palpable. However, the solution will not be the result of a collective decision. It is an individual one. Each of us must commit to remain politically engaged. We must pledge to understand the social and political issues that affect our lives; and then we must each exercise our right to vote.

 There is power in the ballot box. Become informed. Become motivated. Exercise your power. Vote!

Dying Democracy—Only you can fix it!

By Mildred Robertson

Our nation has fallen into a spiraling downward cycle since Trump and his acolytes ascended to leadership in America. It is not hyperbole to liken our nation’s demise to literary tales like Orwell’s “1984”, Suzanne Collin’s “Hunger Games”, Hulu’s “The Handmaids Tale” or any other dystopian saga that may strike your fancy. Trump and a neutered Congress, misled by the Republican majority, have systematically begun disassembling the “Great Experiment” that is American democracy.

With horror, many of us have stood by as Trump and a small portion of this nation’s electorate stole an election, brutalized immigrants, devalued women, supported police brutality, savaged our educational system, promoted racism, assaulted healthcare, and stripped away environmental protections. Daily they chip away at the foundational principles that have set our nation apart from any other, present or past.

How have we come to this place of ineptitude where we are embarrassed daily on the world stage as Trump tweets us toward the destruction of our international relationships, and inches us closer to social, economic and political default.

The majority of us have taken to wringing our hands and searching for a savior to come fix our problem. We hang on every word broadcast on MSNBC or CNN, looking for…hoping for the final shoe to drop. We wait for some deliverer to appear and summarily usher Trump from the White House, hopefully in handcuffs, but most assuredly in shame. The names “Mueller”, “Manafort”, and “Putin” hang on our lips. We even have turned to a porn star and her lawyer to possibly liberate us from this dangerous, destructive regime.

But that is not how democracy works.

We lay sleeping while a right-wing cult infiltrated and overtook the Republican Party. We sat silent as they gerrymandered voting districts. We were detached while they weaponized racism to further divide the delicate balance of our society. We sat helpless as they engaged full-out war on immigrants, brutalizing refugees and stealing babies from their parents. We watched with incredulity as they denied climate change and attempted to decimate women's rights.

That is not how democracy works.

We are not helpless. We are not hopeless. Each of us is the savior we seek.

It is my hope that Mueller is as apt as many purport him to be in pursuing truth in the Russia probe. I hope he metes out justice. I pray that Congress is somehow stayed from stealing yet another Supreme Court seat appointed by an illegitimate president. It is my desire that gerrymandering will be struck down and that “Roe v. Wade” will stand. But hoping, praying and desiring have little effect on political outcome. The only way my hopes, prayers and desires will be fulfilled is that I DO something.

Democracy is dying; but we should rage against its demise. We cannot stand idly by while our way of life perishes. If you fear for our democracy you must become engaged. You must become informed. And you must act! 

Each of us must become Paul Revere, screaming to our fellow citizens that danger is imminent and that we must take up arms. Today that means we must register. We must knock on doors. We must march in the streets. We must show up on the steps of our senators and representatives and demand that they carry out our desires in the halls of Congress. And if they do not, we must vote them out.

This November you can help resuscitate democracy. You are its life blood. 

Only you can fix it.

VOTE!

Fallacy of "Good Guy With a Gun" Theory

By Mildred Robertson

The wounded cry of aggrieved mother Lori Alhadeff reverberates throughout our nation as she prepares to lay to rest Alyssa, her murdered 14 year-old daughter. Alyssa is one of 17 deceased victims of the February 14, 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland Fla.  

We are stunned. We are angry. We are overwhelmed with the senseless slaughter that appears to stalk this country. Yes, our hearts and prayers go out to the victims of this massacre. But that is not enough. Even the Word says “Faith without works is dead.” It is time for action.

It is time that the weak, pitiful leaders elected to serve and protect us be challenged. It is time that our communities stand up to the gun lobbies and match them dollar-for-dollar in a campaign to shed light on the true nature of the gun issue in our country. It is time for politicians to put the good of the citizens they serve above that of money and power. It is time that conservative politicians, like Rachel in the bible, say “If I perish, let me perish” by speaking truth to power.

It is unthinkable that one would trade the safety and security of American citizens going about their daily tasks of praying at a church, reveling at a concert or studying in a school, above the Wild West concept that every American should have a gun on his or her hip.

Recently I watched the “Magnificent Seven.”  It was a sprawling epic that glorified the fight of good over evil. It struck me that the only difference between the “good” guys and the evil ones was their cause. In the end, bodies of both the innocent and the guilty were scattered across the town square. The show glorified violence as an answer to injustice and seemed to infer that the carnage was worth it.

While this story is rooted in our history as a nation, is that what we want for our future?  Do we want to barricade the town square and have a shooting match with the bad guys? Is it okay to see our streets littered with the remains of the good and the bad as we seek vigilante justice? Or do we want to figure out a way to thoughtfully examine our 2^nd Amendment rights in the context of their creation by the Founders? 

The British are no longer standing at our gates with regimens prepared to overrun us. The Native Americans, who were enemies of our own making, are no longer a threat. We do not have to call up militias when our sovereignty is threatened…we have the most well equipped military on the face of this planet.  Our cities and towns are protected by well-armed police forces, and the National Guard stands ready to assist when called upon.

This nation’s love affair with guns runs far too deep to imagine that there would ever be a time when guns are outlawed, but it is insanity to allow the proliferation of military-style weapons to continue in America. It is time that we dispel the glorified myth of the “Magnificent Seven” and embrace a common-sense, civilized approach to gun ownership in this country.

I challenge politicians to have the strength of courage to refuse the money and tell the truth. I challenge the public to seek out their legislators and let them know that you will be at the polls in November and that you will remember their answer to the question, “What ACTION did you take to end gun violence in America.”

I echo the words of Lori Alhadeff. We can tolerate no more mass shootings. The time for action is NOW!