Welcome to the class blog! The John Jay - Vera Fellows Program is a collaborative effort between John Jay College and the spin-off agencies of the Vera Institute of Justice, combining an internship and participation in a seminar taught by faculty from John Jay's Interdisciplinary Studies Program. (To see a video about the John Jay - Vera Fellows Program, click here.) Part of the seminar experience is weekly participation in the class blog, which keeps the conversation going from week to week and will be a place for you to share your thoughts and concerns about the materials discussed in seminar as well as the internship experience. The opinions expressed on this blog do not necessarily reflect the views of the Vera Institute of Justice or its spin-off organizations. While the blog is open to the public and anyone, theoretically, can comment, only class members and invited guests will be able to post. You can also look for us on our student and alumni page on Facebook.
Each student has been assigned one week to write the "post." Please post within 24 hours after class. Every week, each student must comment on the post (feel free to comment more than once). Please comment by Monday afternoon to allow time for further questions and responses and so that we can read all the entries before class.

Friday, October 23, 2015

The “Problem” with Social Justice 

Hello, fellow Verons!

This week, Mr. Thomas Giovanni engaged us all in a deeply perceptive discourse as we toured the Manhattan Criminal Court. We had the chance to learn more about the criminal justice system in New York City by observing first-hand how arraignments are processed in courts and defendants are treated, as well as being informed on specific technicalities that affect the defendants and their families as they go through the system.

Among the many topics that came up during the day are the holistic treatment of the defendants, racial and economic disparity (between the population of the defendants and the prosecutors), and economic inequality (which pervades much of the process and outcome of legal proceedings). The last two are seen being the “elephant in the room.” Well, “elephants in the tent,” I’d rather say, as one of my professors tweaked the phrase.

 Furthermore, we were again made to realize that in a justice system that supposedly honors the culture of evidence and not on forcing confessions out of the defendants, one’s moral principle of integrity can become compromised when facing charges. To elaborate, it was the essence of the little “quiz” that Mr. Giovanni had us think about, whether you would confess your guilt to a crime that you know you did not commit in the face of two choices:

 • If you commit to preserving your moral integrity and plead not guilty, you risk yourself to facing the burden of proof and fighting your way through the legal proceeding while remaining in jail all the while (keep in mind the fact that you can not only lose your job, but your future prospects of employment becomes seriously affected), and;

• If you plead guilty, the tendency could be that you will serve a shorter sentence (or get ordered to attend some programs) and eventually get out jail on a much quicker pace.

As we can see, it becomes a lose-lose situation, an instance where we can say that a defendant is forced (due to having been a victim of structural violence) to choose between the lesser of two evils. Regardless, the defendant’s chances of getting a fair trial to prove innocence or guilt are significantly compromised. The way the system works then paints the people as both the suspects to blame and convict and the victims to admonish for feeling “victimhood.”

This way, we see how the system is flawed. Although it is not true for all times and situations, it appears as though the system exists to serve itself instead of the people. For young social justice advocates like us, the vision that we could effect a significant reform becomes somehow blurred and our hope can sometimes falter, given the seemingly formidable hurdles in the system/s we work in.

With these thoughts in mind, here are some questions I have for you:

Please remind us once again: what is the most significant social justice issue for you? With that issue in mind and the movement or efforts to combat it, identify one thing that you consider the most difficult obstacle to overcome within “the interlocking systems of injustice.” Put simply, what is it that sometimes challenges your belief that the reform/change you want to effect can eventually come into fruition? 

Considering that the question may be too broad, as an alternative, I suggest considering your experience at the agency of your respective placements thus far. As both observer and active participant in the agency, what have you seen and identified as being a factor that still makes it difficult for your clients overcome the problem that they have when they come to your agency? I ask these questions to help us look through the system we’re currently working with. What works? What doesn’t? What would you suggest as a move to help alleviate the problem that you see? 

I am of opinion that vigilance is the key to staying aware and focused on the causes that we rally ourselves behind.

With that little mental note, let us all do some detective work! I look forward to hearing what you think!

11 comments:

Unknown said...

Great ideas Valfrey! During the tour yesterday, Mr. Giovanni thoroughly impressed me with his extensive knowledge and insight into the ways in which the system can improve to be "for the people". I thought that he made really strong points with regards to how our current system puts certain groups of people at a disadvantage. Because many of Mr. Giovanni’s beliefs and assertions relate heavily to my own experiences at the CJA, I will choose to tackle the second prompt. Before I go on, I just want to briefly mention some of the more popular outcomes at arraignment court (not sure if everyone is familiar with them):
1) ROR- Release on your own recognizance (judge believes you will return to court)
2) Remand (sent to Rikers or other detention facility pending trial)
3) ACD- Adjournment in Contemplation for Dismissal (usually for marijuana cases and lasts between 6 months to a year) (if you get arrested during that 6 month to 1 year period, case is reopened)
4) Bail ($1 to whatever)
5) Article 730- Defendant suffers from mental illness and the case is unable to proceed

During our tour, Mr. Giovanni noted that the game is rigged and that prosecutors hold an enormous amount of power inside the courtroom. With this in mind, did anyone realize how much louder the ADA's microphone was as opposed to the defense attorney’s? Now, of course there is the possibility that the ADA was just speaking louder in general. Still, as I was trying my best to listen, I could barely hear the defense attorney at all. In fact, I’m not even sure if the defense had a mic to speak into. I find this problematic and demeaning to the defendant who is not yet convicted of a crime, but only accused of one. It’s almost as if the person is being silenced and being denied his or her rights, even before he or she is convicted of anything. I just found this interesting and symbolic of the prosecutor’s power in the room.

In addition to spending an extensive amount of time at Central Booking, I’ve had the opportunity to sit through and observe at arraignment court. In the past, I’ve observed that defendants always have their hands behind their back when appearing before the judge. Yesterday, someone asked Mr. Giovanni if defendants had to keep their hands in that way. Prior to yesterday’s visit, I had always thought that putting your hands behind your back was the required posture for defendants. I thought it was similar to police officers saying “Keep your hands where I can see them”. I now realize that this is not the case. The fact that these defendants all have their hands behind their back as if they were still cuffed is symbolic and problematic in the sense that some people who have been recycled through the system multiple times live their lives as if they are “criminal” all the time. They’re so used to being arrested that it’s as if they were “cuffed by the system” (structural violence!). And this is where I would like to transition to my point.

Unknown said...

I believe that the greatest obstacle that the defendants I’ve encountered at CJA currently face is their prior record history and the bench warrants made against them. As Mr. Giovanni mentioned yesterday, prior bench warrants leads to a deduction of five points on your CJA report. I had previously thought that only active bench warrants were the ones that take off 5 points on the report. After realizing that all prior bench warrants cause a points deduction, I realized how unjust the system could be for people who’ve had previous encounters with the system. Mr. Giovanni gave a great illustration when he mentioned how someone who is in line waiting to get into the court for his or her 9:30am appointment may get a bench warrant at 9:35am. In this case, the judge feels pressured to move the process along (court is always crowded) and is completely unaware that the defendant had to drop off his or her children to school before arriving at court. It’s like a revolving door for many of these defendants, where many end up back in the system because there is nowhere else to go. Some may think “What the hell? I already have a criminal record. What is one more charge going to do to me?”. Others may be caught in difficult situations where they feel the need to steal or commit a crime to survive. These are the reasons as to why reentry programs are so vital to the criminal justice system (props to organizations like CEO and Fedcap). In order for individuals with criminal records to break the cycle of being recycled into the system, these people need support and access to proper resources that will help them get back on their feet. Finally, I believe that the CJA should erase the rule in which five points are taken off for any individual who has prior bench warrants made against them. It may make sense, however, to keep a rule where five points are deducted for people with active bench warrants.

In the end, I would also argue that bail is a completely ineffective alternative to incarceration. In fact, many defendants are unable to post bail set, so often times any bail set just increases one’s time of being incarcerated. In addition, whether bail is set is entirely subjective, as different judges make the ultimate decision based on how/what they feel is appropriate (which varies from judge to judge!). Although setting bail is supposed to ensure that defendants return to court, it is both unfair and unnecessary as judges have so much leeway into whether or not they choose to set bail. Most importantly, setting bail does not increase the chances that a defendant returns for a future court date.

Jessica Jean said...

Great prompt Valfrie, I will tackled the second prompt but first I want to talk about our site visit. The Criminal Court tour was very thought-provoking and insightful. Given that Mr. Giovanni gave us the the wonderful opportunity to see inside arraignment, I found myself making many observations. One I found really interesting was the appearance of loved ones in court. Watching television I always thought it was a stunt people pulled for the sake of appearances.It was at arraignment that I noticed defense attorney’s making it known that the defendant has someone in the courtroom with them today. There was also that one case where the defendant was a young male living with his mother and the judge asked if the mother was present in court. When received the news that she was not the judge questioned why that was and instructed that they verify that the defendant did in fact live with his mother. After asking Mr. Giovanni why it mattered he answered because it shows community ties and thats very important in a case. This goes to show you how much the support of others can affect the way the world treats you.

Spending more time with the participants at CASES I noticed that more than a few of them suffer from low self esteem. I see this as a factor that results how they interact with the system and a result of getting in contact with the system. I feel that many of them portray themselves as less than who they can possibly be because they have been crushed as they were/are being dragged through the system. Ambition has been lost and realization of their capabilities is diminished by structural violence, lack of support and past experiences. They place themselves in these boxes and don’t think much beyond their current situation and I know this is hard to do given some of their stories but these actions inhibit them from reaching their full potential. I find it works when you give them individual attention. show them you care and inform them that world is still theirs for the taking. I know that we are helping push them in the right direction academically but there are more things that the program can offer aside from job placement. Directing them to clubs/organizations of their interests can work and also showing them life outside of their communities. I find that something that works and doesn’t at the same time is we try to related topics we teach them to how they see life already. I find that it simplifies the information to the point where we aren’t pushing them past their current state of mind. Perhaps this is me looking at this from the wrong standpoint but I do feel we can help propel them forward with the integration of more vigorous course work as well as expanding their worldview. There are several things I have begin to compile to get more out of my internship and those things range from tapping into the participants’ individual potentials through media, art, sports etc to trying to bridge the divide between their classes and those of the collegiate variety to show them school can be fun and opens many more doors from them (I say this because the ones I have spoken to have said they just want to work after they receive their GED and I feel like that’s where they put themselves back into this box).

Unknown said...

Nice prompt Valferie--you posed some very challenging and dense questions.

I too enjoyed last weekends visit to the Manhattan criminal court. Giovanni surely gave us the brutal and honest truth about the justice system we are currently living in (and have been living in).

The first day of class, my most important social justice issue was (and still is) the need to preserve and legitimize the black feminist movement. Another social justice issue that I take very seriously is the juvenile justice system. Working at the center for youth justice at VERA has introduced to me new problems in the juvenile justice system that I was never aware of. I feel more than ever that this is something that needs greater attention because it is targeting a very precise demographic-- the same demographic in which Giovanni mentioned on the tour- middle class people of color.

I think one of the most difficult obstacle to overcome in dealing with juvenile justice reform is the acceptance that there is, in deed a problem. Often times when thinking about the juvenile justice system, the connotation is that it is not as bad as a punishment you would have received had you been of age. In a sense, this legitimizes that the juvenile justice system "meets these youth" where they are instead of treating them to equal punishment as "adult" punishment. This is problematic because society is glorifying the type of punishment these youth are having (which is statistically proven to often times have the same level of punishment and environment as an adult penitentiary), instead of questioning the type of crime this young adult has done, to justifiably not only serve time in prison, but to have now been placed in a subgroup that once released into society, is permanently alienated from basic human rights. The topic of conversation rarely considers the stigma these youth have to live with for the rest of their life

Unknown said...

First and foremost, I would like to say I had such an amazing experience at our trip this past Thursday. Ironically enough, I had a friend who ran into a minor situation with the law for trespassing in a place of residence where he was visiting a guest. Although he knew he was innocent of this charge and could most likely beat the charge, he pleaded guilty because of the convenience that is provided with accepting a charge. As a result of this decision, when thinking long term, this could potentially affect his future in terms of the opportunities he will be limited to. Being able to bear witness to my friends testimony right after we were exposed to the inequities of criminal court, displays to me the direct correlation to how the criminal justice system is impacting members of my community. To partially answer the first prompt, I would like to address that an obstacle that I believe that prevents the reform I want to see in the world is our capitalistic mindset. The need for money will always be a determining factor for why inequities exist. There is always some sort of person or entity that literally profits from others misfortunes such as individuals in the criminal justice system and the medical field. Until we can get out of this self-interested mindset, only then can we move forward as a people to adequate social reform. Additionally, I believe the system that we think is flawed was designed this way intentionally, not purely for financial gain, but for social order. Having absolute harmony, equality, and peace will cause an influx in housing, employment, and even mortality rates. This can ultimately cause an imbalance in society due to high demands that social institutions/programs, housing, and employers are unable to keep up with.

A problem that I have identified in my agency is the lack of harmed parties participating in the circle process. The circle process is when both the harmed party (victim) and the responsible party (perpetrator) comes together and comes to an agreement on the deliverables of the responsible party (RP). The circle can also be conducted through a liaison that can be a relative or friend of the harmed party (HP). Occasionally, the HP is so traumatized by the event that they are not willing to participate in the circle because they are still severely affected by the event and feel as if the RP has not made any transformation since the time of the crime. By not participating in the circle, the HP misses out on the opportunity to take part in the restorative process of Common Justice. A potential solution could be for when the RP graduates of the program and HP’s can have a post-graduate circle in which both parties have an opportunity to convene and get an update on the status of each other. This can also provide HP’s an opportunity to meet with the RP for the first time in person since the crime. This experience allows both parties to see the growth and transformation in each other and in themselves.

Unknown said...
This comment has been removed by the author.
Unknown said...

Great prompt Valfrie! Since my placement is not direct service oriented I’ll tackle your first set of questions. The most significant social justice issue for me is poverty. I believe this is the most significant because it can be associated with the other social justice issues I care about, which include educational inequity, crime, incarceration, and unemployment. I believe one of the biggest obstacles in front of anyone dealing with poverty or any of these additional social justice issues is social stigma. The social stigma placed on people with certain backgrounds influences members of society to sometimes reject, discriminate against, insult, devalue and/or attack the victims of poverty. I was reminded of this issue this past weekend. I went to a cultural event at a cafe where the production was titled Yo, Miss. It is based on a graphic novel about life in the trenches of urban education. The book is drawn and written by a teacher who teaches at a second chance high school in New York City. The story involves the lives of a few students trying to earn their ticket to the middle class (education) but there are obstacles outside of the classroom that create hurdles between themselves and graduation. Before the Yo Miss set, there was also group of formerly incarcerated women who shared their challenges post-release through theater. One case was of a woman who was on a job interview but continued to be harassed about her past life by the potential employer. The interviewee repeatedly shared that she wasn’t that person anymore and has made constant advances to improve herself such as earning a degree and staying out of trouble. However, the employer kept digging for incriminating answers and assumed the case dealt with violence. Although the performance didn’t give it away, this might have ended with the former inmate being denied the job. So the biggest challenge for the social justice issues mentioned is reducing the stigma attached to certain circumstances. A reduction in stigma may translate to people climbing out of poverty by securing employment although they might not have the best educational background and/or have a criminal record.

Unknown said...

Something that challenges my hope and faith is the going to spaces like the courthouse we went to on Thursday. Watching and documenting down to every insipid detail (I'm a bit too critical) really through me into this wild state of shock. I'm just one man whose body is already read and detected by this space as criminal and therefore unworthy and undeserving of "justice"; and so how can I manage to navigate this space to liberate other people and provide them with "justice"? Being just one man. While downtown I overheard the way that people who worked there talked about their clients or people who were arrested and I was utterly disgusted; are these the colleagues I'll be working with? The bosses I'll working under? I don't want any of it. I need to re-think and find ways to aid the communities being exploited by these "interlocking systems of injustice" without compromising my sanity.

On the other side; Being in the Criminal Court also fueled me to go even harder in my pursuit for the liberation of the communities and identities being exploited by these "interlocking systems of injustice". Mr.Giovanni’s demeanor when sharing all this information with us was both disheartening and encouraging. Disheartening because I'm young (and clearly a softy) and I'm not at the place where I can casually talk about people being arrested and sent into holding cells/jails/prisons having their entire life derailed by a room full of people who were shopping for shoes on their laptops. Encouraging because I feel at one point I might be able to adopt a more detached affect that Dr.Waterston was trying to stimulate in us to effectively create change and in the "interlocking systems of injustice" as it is. This trip really highlighted the transition period that I'm in at the moment and I'm grateful for it.

Anonymous said...
This comment has been removed by the author.
Anonymous said...

The most significant social justice issue for me is the cultural and social recognition of the Afro-Latino/a community. Growing up as an Afro-Latina, I have been subjected to both racism and sexism, especially coming from the community I lived in. Living within this community, acquiring a level of education beyond high school was a luxury, and even getting a high school diploma was pure luck. Inspiring and motivating Afro-Latino/a youth in urban communities is also of prime importance to me. In order to combat it, we must isolate and detangle this notion of the “culture of poverty “within urban communities. The “culture of poverty” is one of the most difficult obstacles to overcome, as well as perceived and institutionalized notions of racism and sexism within urban communities. One thing that challenges my belief for reform on this issue is the self-hating mentality that many young Afro-Latino/as experience throughout the course of their life. Even within Caribbean communities being dark skinned is often frowned upon, even having African lineage is frowned upon. This mentality discourages youth from receiving a higher education. Fear is definitely a factor that makes it difficult for clients to overcome their issues at Safe Horizon. Fear can manifest itself in many different forms (physically, mentally, and emotionally). Clients often fear that their trafficker will continue to harass them, or that their conditions will worsen because of their immigration status. Financial assistance is something that has helped our clients tremendously, as well as counseling, but money is only temporary. A suggestion would be job training workshops that help victims become more competitive within the job market, not just learning how to cook and clean.

Unknown said...

Excellent points Verons! Continue to envision ways of creating a more just society. It's important to understand what's not working, but only to imagine what works! Keep up the good work!