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echo: vfalsac
to: ALL
from: DON HERMAN
date: 1995-05-11 18:36:00
subject: Citizens For Justice 2/2

>>> Continued from previous message
of being used to warehouse the poor, unemployed, and young blacks and Latinos
as well as being used as a tool of social and political repression.
'Imprisonment was also used as a means to coerce dissidents into renouncing
their unacceptable beliefs and practices,' explains Forer.  Prisons have
become a leading industry in America today and their construction is often
intended to boost the economy of low income white rural communities and
exploit prison labor.  Billions of dollars are made each year from prison
labor.'
Montgomery concludes by saying that this book should be read by all, but
especially by every judge, attorney and law student concerned about crime
and punishment.
*Kenya C. Montgomery is a writer living in New York City.  He was released
from prison earlier this year after serving 20 years for a crime about which
he has always maintained his innocence.*
 
       AND YET ANOTHER
We recently received a note from another prisoner who claims wrongful
conviction.  He states: 
       'I have great empathy for Steve's situation as I too am wrongly
accused and convicted.  I have learned first hand what a difficult situation
it is to convince an appellate court that a jury of my peers made a mistake.
While it is easy to blame police, prosecutors, and judges for the current
situation, we must not lose sight of the fact that the media is willing to
report whatever the 'power structure' says without investigating, and
jurors are willing to vote guilty without first hearing proof beyond a
reasonable doubt.  Innocent until proven guilty is nothing more than a
shallow myth; it sounds good when we say it, but it has no substance in
fact.' 
       'If all of this weren't enough, finding a defense attorney who will
effectively represent the client has become a near impossibility.
Nontheless, you must never give up the fight as victory ultimately goes to
those who persevere.  Keep up the good work.'
 
       LESS SUPPORT FOR DEATH PENALTY
We find it heartening that some of our Washington State Supreme Court
Justices have stated their opposition to the death penalty.  Justice Robert
Utter announced he would resign with nearly four years left on his six-
year term because of his opposition to the death penalty.
He said: 
       'I have reached the point where I can no longer participate in a
legal system that intentionally takes human life in capital punishment
cases.' 
       'We continue to demonstrate no human is wise enough to decide who
should die.  My views on this subject, its injustices and flaws, are set out
in the many cases where I have dissented and been upheld, in most, by the
federal courts.' 
       'The death penalty remains fraught with arbitrariness,
discrimination, caprice and mistakes.  From this day forward I shall no
longer tinker with the machinery of death.'
Utter believes the death penalty is given disproportionately to the poor and
minorities when for other defendants facing similar charges it is not sought.
....
Justice James Dolliver wrote an opinion upholding the death sentence, saying
it was his duty to uphold the state's death penalty law.  However, he added
a special opinion voicing strong opposition to the death penalty.  He wrote: 
       'I agree with the words quoted by U.S. Supreme Court Justice
Blackmun who said, 'The infliction of death is so plainly doomed to failure
that it -- and the death penalty -- must be abandoned altogether.' 
       'Although I do not question my duty, I write this separate
concurrence to state my objection to the death penalty in principle and to
express the hope that some day we will eliminate the death penalty and be
saved from cries of vengence, revenge, or justice and thus become a more
truly civilized community of citizens.'
Justice Charles Smith joined in this special opinion.
 
       INMATE CONTRIBUTION
In the April issue of the Rising Phoenix, published by the Washington Prison
Reformation League and largely written by prison inmates, we read about a
great project.  At Airway Heights Correctional Center many inmates spend
their Saturday mornings reading out loud recording school texts for high
school students and other who lack the gift of sight.  For doing this the
inmates are not paid and get no early release benefits or other "perks" --
just the satisfaction of benefiting society.  We quote: 
       'We, as residents of AHCC, cannot help but feel a sense of pride in
what we are doing in this program; we, as social 'outcases,' are taking
time out of our day to give something back to society.  Possibly even free
persons can learn from our efforts.  One does not have to come to prison
to feel the pangs of social responsibility and to act accordingly.  We are
all, after all, woven into the same tapestry of life -- those who can see and
those who cannot, the free and the bond, the privileged and the downtrodden
-- and this is our example, that all who have the fortune of vision help
those who do not to see!'
 
       JUSTICE FOR ALL
In the Bellingham Herald of May 3, we learned of an encouraging development
-- the possibility of using our technology and dispute resolution technics to
to help open up access to the courts.  A panel discussion was held at the
Whatcom County Court House May 2 on the difficulties people face in the
courts and possible solutions.
Ron D'Aloisio of the Dispute Resolution Center referred to the phrase,
"justice for all," in the Pledge of Allegiance and said:  'Access to justice
is becoming more important as society becomes more diverse.  An accessable
justice system may be the glue that can hold a society together.'
Some points discussed:  Most people denied access to justice are poor and
pooly educated.  Those who don't have money to hire an attorney may feel
forced to represent themselves but are intimidated by the bureaucratic
process.  The complexity of forms can be overpowering.  Domestic issues,
especially those involving children should be handled outside the courtroom
by people trained to focus on the needs of the family.  Alternative dispute
resolution offers participants a chance to solve problems without a lengthy
court battle.  Through computer stations installed in libraries or elsewhere
people should be able to file papers without going to court.  Other
suggestions:  Include education about the legal system in our shcools.
Encourage people to participate in their cases rather than expecting lawyers
to do a quick fix.  Continue to fund legal services for the poor.
NEWSLETTER      published bimonthly by
CITIZENS FOR JUSTICE, P.O. Box 5511,
Bellingham, WA  98227.  Carol Guderian, Editor.
Contributions gratefully accepted.
*** NOTE: Any discussions, input, questions, etc., on this material can be
posted to me on this conference.  I will either respond on the conference
or print out the message and forward it to the Editor for response.
Yours truly,
Don Herman
Correspondent
Citizens For Justice
 
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