Servitude TOPIC NeoSlavery War Against Mass Incarceration 2016 Lingering Effects of except as punishment for crime RESOLUTION D067 2016 PROFITS PrisonIndustrial Complex ID: 636966
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Slide1
Unjust law: Involuntary Servitude.
TOPICNeo-Slavery?War Against Mass Incarceration.
2016 Lingering Effects of “
except
as punishment for crime…” Slide2
RESOLUTION #D0672016 PROFITS
Prison-Industrial Complex
Calling on Wells Fargo
to Divest From
For Profit
Prisons Slide3
Amending Legal Flaws: The Thirteenth Amendment and Mass Incarceration
Merelyn B. Bates-Mims, PhD, PresenterThe Organization on Procedural Justice(OPJ)Diocese of Southern Ohio and The Episcopal
Church USA
June 3-4, 2016 BUSINESS MEETING
The University of the District of Columbia
David A. Clarke School of Law
All rights
reserved
Fair
Use Title U.S.C. Section
107
Slide4
“except as punishment for crime…”From Private to Public Slave Owners
U.S. Census 2000; Department of Justice, Bureau of Justice Statistics. “Prison and Jail inmates at Midyear 2002.” – April 6, 2003
RESOLUTION #C019
Systemic Racial InjusticeSlide5
The better way to reduce violence is to ensure that both police and civilians are held accountable when they resort to it.Slide6
Procedural JusticeJustice implies
a behavior or treatment: a concern for peace, and genuine respect for people. Synonyms: fairness - justness - fair play - equity - evenhandedness impartiality - objectivity - neutrality - disinterestedness honesty - righteousness - moral - morality
Procedural
justice
is the idea of fairness in the processes that resolve disputes and allocate resources.
One
aspect of
procedural
justice
is related to discussions of the
administration
of justice and legal proceedings.Slide7
Prison Slavery “…for the laborer deserves his wages.”
–Luke10:4A slave is one who, before the 13th Amendment, was legally and forcibly compelled to unpaid labor to the benefit of a private owner, but in this age of the New Jim Crow, as a slave of the State.Historically, the chattel slave tended to be involved in large-scale
industrial and agricultural work—now the 21st century prison industrial complex (CPI). Slide8Slide9
“Changing the history of “procedural justice”…
Electrocuted under color of law in year 1944 at age 14 and weighing 90 lbs, this child was acquitted in 2014 of murder 70 years later.
Children as young as 8 years old have been tried as adults. -Equal Justice Initiative
thewestsidestory.netSlide10
FRIENDSHIP COLLEGE STUDENTS
January 1961 McCrory’s Lunch Counter
Rockhill, South CarolinaUnited States –
Acquitted January 2015
Changing History
http://www.friendshipcollege.org/jailnobail.html
Jail No BailSlide11
Changing HistorySlide12
Emanuel African Methodist Episcopal Church – Charleston SC
Changing History
RESOLUTIONS #C019; #C005Slide13
School to Prison Pipelines
RESOLUTION #D068Slide14
RESOLUTION #D068Can school-based legal services stem the flow of pipelines?
Safety: What is the role of SROs?Slide15Slide16
Historical Race & Law Reform
DEFINITION OF PROBLEM AND SOLUTION PLANNINGWhat challenges do the people yet face?
What is the history underlying the challenges?The Economics? The Sociology?
The Patterns and Practices?
Starting the Conversation
James W. Loewen
©
2005
ISBN-13978-0-7432-9448-5
PLESSY v. FERGUSON
Brook Thomas, Editor. ©1996
Unjust law is no law at all.
-Augustine of Hippo
.
ISBN-13: 978-0029291535Slide17
Re-Enslavement by Race and Practices of Law
African-American Children In 2015 ‘At-Risk’ Peril
The ResultsInmates at the Clinton Correctional Facility Dannemora, New York
2015 Re-Enslavement?Slide18
History &The Language of Law and Race
Backgrounds of Legal Race
13th
Amendment to the U.S. Constitution (1865)
and 2016 Mass Incarceration
"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted…”
2015
What challenges of Race and Law do the people yet face?
©2014 by Michael
Holzman
©2006 by Ira BerlinSlide19
AuthorizationThe Thirteenth Amendment to the Constitution
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.Section 2. Congress shall have
power to enforce this article by appropriate legislation. Ratified December 6, 1865.Slide20
Ruffin v. Commonwealth, 62, Va (21 Gratt.) 790, 796 (1871)
Slavery beyond 1865
RESOLUTION #C019Slide21
What is the dollar value of slavery 2016?
Give a man a gun, he can rob a bank. Give a man a bank, he can rob the world.
RESOLUTION #C019Slide22
21st Century Prison Industrial Complex
13
th Amendment “except as punishment for crime whereof the party shall have been duly convicted…”
RESOLUTION #C019Slide23
Is your state among them?Slide24
PROFITEERING: Prison Labor
At least 37 states have legalized the contracting of prison labor by private corporations that mount their operations inside state prisons. The list of such companies contains the cream of U.S. corporate society: IBM, Boeing, Motorola, Microsoft, AT&T, Wireless, Revlon, Dell, Compaq, Honeywell, Intel, Hewlett-Packard, Nortel, Lucent Technologies, 3Com, Northern Telecom, TWA, Nordstrom’s, Macy’s, Pierre Cardin, Target Stores, McDonald’s
and many more.
RESOLUTIONS #D067 AND #A011Slide25
PROFITEERING and PUNISHMENTS
Descendant from 13th Amendment to: -New Jim Crow -Lawful
Racial Profiling -Debtors’ Prison -Plantation slavery -Lynchings
-Factories
; Sweat shops
-Corporation-owned
prisons
-Prison
stock investments
-Stop
and
Frisk
-School-to-Prison PipelinesSlide26
PROFITEERING
Can enactment of Procedural Justice mitigate the egregious
disparate impact
effects of Law on the
disparate treatment
of citizens by Race?
-mbm
Judicial ‘Cash for Kids’…
RESOLUTION #A011 REFORM AND ADVOCACYSlide27
RESOLUTION #A011 REFORM AND ADVOCACYSlide28
Ohio “And they raiz
culuh like they raiz animal…” – Louisiana CreoleArticle 1 - Ohio Constitution§ 06 Slavery and involuntary servitude (1851)
There shall be no slavery in this state; nor involuntary servitude, unless for the punishment of crime.
RESOLUTION #C019 Slide29
NAACP Changing History
1954 - 2016
Lawyer Robert L. Carter and NAACP Legal Defense and Educational Fund Inc. attorneys that made up
Thurgood
Marshall's defense team in 1954. Left to right: Louis L. Redding; Robert L. Carter; Oliver W. Hill; Thurgood Marshall and Spotswood W. Robinson III.
Change Agents:
Builders of Capacity for Change
NAACP Legal Defense Fund: Defend, Educate, Empower
www.naacpldf.org
Slide30
2016 Who will join the legal battle against 13th
Amendment mass incarceration?The Organization on Procedural Justice (OPJ) commissioned by the Bishop of the Diocese of Southern Ohio, The Rt. Rev. Thomas E. Breidenthal.-March 28, 2015 Inaugural Meeting Howard University School of Law.
Change Agents:
Builders of Capacity for Change
Slide31
New Language:Removing the Loophole
“All persons are equal under the law, so NO person SHALL be held neither as a slave nor as an unpaid laborer within the country, its territories or possessions.” -The Organization on Procedural JusticeSlide32
Safety?