Reflections for the “Other Side”

Medgar Evers

Civil Rights Activist Medgar Evers

I really don’t want to spend the next three years writing and responding to Donald Trump. In an attempt to maintain my composure – I’ve opted to take frequent breaks from theorizing our current state of affairs. However, one thing that recently struck me was Trump’s insistence that the violence in Charlottesville, VA at a white supremacist rally was caused by “both sides.” He was referring to white supremacy advocates versus their opponents – people that are anti-hatred.

Throughout American history, people in opposition to progress have always blamed the “other side” for violence that ensues when countering oppression. The issue isn’t that the “other side” is violent. The issue is that the other side won’t be passive, won’t accept things the way that they are and won’t fearfully bide in silence.

Thus, they are labeled trouble makers for their insistence that society must make positive and progressive changes.

Harriet Tubman was labeled a thief and an outlaw.

Martin Luther King Jr. was beaten and jailed.

Fannie Lou Hamer was beaten and jailed.

Angela Davis was labeled a fugitive and jailed.

Nelson Mandela was imprisoned and labeled a terrorist.

Medgar Evers and countless others were murdered.

They were the “other side.” Today, history is on their side.

Playing the blame game is an old tactic and I’m not surprised at all. So to members of the “other side” – keep dreaming, keep pushing, and keep disrupting.

Keep on being the “other side.” We need you.

 

Jessica Ann Mitchell Aiwuyor is the founder of OurLegaci.com. To reach JAM, email her at OurLegaci@gmail.com. Follow her on Facebook at Facebook.com/JAMAiwuyor.

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RACE AND BEYOND: The Enduring Legacy of Julian Bond

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Julian Bond was such an omnipresent civil rights figure that I can’t remember the first or last time I saw him in person. During the 1980s and 1990s, at the height of my news reporting days, I had countless interviews with Bond, who seemed to enjoy the company of journalists—especially black ones like me. I appreciated the fact that unlike so many others who lived in the constant glare of the public’s curiosity, he answered questions patiently, often with an insight into the civil rights history that he had played a part in writing.

It seems now, upon hearing news of his death, that I thought he would always be somewhere nearby or just a phone call away. Maybe that’s why I never felt an urgency to celebrate Bond’s frequent comings and goings as they intersected with my own life and work: I assumed he’d be around forever. I’m sad to have been so wrong.

At the end of a charmed life filled with an array of struggles and accomplishments, Bond died last Saturday in Fort Walton Beach, Florida, of complications of vascular disease, his wife Pamela Sue Horowitz toldThe New York Times. He was 75.

Bond was a fixture in the civil rights constellation. He burst into public life in the early 1960s as a preternaturally handsome and youthful Morehouse College student, who dropped out to co-found the Student Nonviolent Coordinating Committee, or SNCC, an upstart youth-led organization that challenged racist restrictions on public accommodations and voting rights.

From his early days as a leader and spokesman for SNCC, Bond worked tirelessly both inside and outside the halls of American power, serving in the Georgia legislature and eventually becoming chairman of the NAACP. He was, to use an old-fashioned term, something of a renaissance man. Or as The New York Times’ obituary described him, “a writer, poet, television commentator, lecturer and college teacher, and persistent opponent of the stubborn remnants of white supremacy.”

It’s tempting—and easy—to herald his sad, sudden, and surprising death as the end of something. But what has ended? The traditional civil rights era? Or the 1960s, a decade that was marked by the imposing strategy of sit-in protests? Or perhaps it’s the end of respectability politics—as it’s often derided by the restless youth of today—which seeks to work within existing power structures to bring about social change.

I don’t believe that Bond’s death should be viewed in such a finite way. Instead, his life should serve as a road map for social change—one that can’t easily be folded and put away simply because he is no longer among us to lead the charge.

Much like Bond’s SNCC of half a century ago, a new generation of young, energetic activists have taken to the streets today under the banner of the #BlackLivesMatter movement. The similarities are strikingly similar. Black Lives Matter activists have challenged traditional political leaders to include racial justice at the forefront of their platforms. That’s in the style of SNCC, which was far more aggressive and confrontational in demanding the desegregation of lunch counters and the registration of black voters across the South than the more cautious NAACP of its day.

It’s too early to make definitive statements about the success or failure of Black Lives Matter. Perhaps, in time and through struggle, a striking figure in the mold of Julian Bond will emerge from the Black Lives Matter protests. This leader may seek to move from bullhorn agitation to voting compromise and collaboration within the larger political system.

To be sure, nobody in 1961 could have imagined how young, smart, and articulate Julian Bond’s life would unfold. The same may be said of the emerging leadership of Black Lives Matter. Regardless of what ultimately comes of the contemporary movement, however, there is a lesson to be learned, remembered, and taught from Bond’s historic legacy.

In a remarkable 2013 interview with my Center for American Progress colleague Heidi Williamson, Bond explained that he never imagined where his activism would lead, only that he thought it critical to engage in changing the nation for the better:

We didn’t plot it; we didn’t plan it. We didn’t say, “Now let’s work on this issue. Now let’s work on that issue.” The issues seemed to come to us. And we grappled with them and said, “Here is the best way to go about this thing. Here’s poverty. Here’s hunger. Here’s something else. Here’s absence of voting rights. Here’s inability to sit at the lunch counter.” All these things are both separate and connected. And we can easily handle them all if we develop a thoughtful campaign to do so. And we did.

I heard him say similar things many times over the decades. Indeed, what I learned from Bond through years of observation and countless conversations is that the struggle for equality is a never-ending journey. And it assuredly won’t stop with this singularly noble activist’s passing.

Sam Fulwood III is a Senior Fellow at the Center for American Progress and Director of the CAP Leadership Institute. His work with the Center’s Progress 2050project examines the impact of policies on the nation when there will be no clear racial or ethnic majority by the year 2050.

*For more information or to speak with Mr. Fulwood, please contact Tanya S. Arditi at tarditi@americanprogress.org or 202-741-6258.

How Innocent People Are Wrongfully Convicted

Wrongfully-Convicted-Of-Murder

“There is nothing funny about a Black man going to prison for something he didn’t do.” My excitement about watching the movie Life was quickly shut down when my mother stated those words. As a 14-year-old, I hadn’t looked at it that way before. Life, starring Eddie Murphy and Martin Lawrence, was a hit comedy about the antics of two Black men in Mississippi serving life in prison after being wrongfully convicted of murder. She refused to watch it.

The truthful sting of my mother’s response was fully warranted. Being wrongfully convicted of murder happens far more often than people think and can happen to anybody but especially to African Americans. And indeed, there is nothing funny about it.

Even as far back as 1996, the book “Convicted But Innocent: Wrongful Conviction and Public Policy” estimated that there was an output of at least 10,000 wrongful convictions a year. The abstract states, “Even if the American criminal justice system proved 99.5 percent accurate, it would still generate more than 10,000 wrongful convictions a year and these would reflect only serious index crimes.”

More recently the Innocence Project highlighted that studies find,”between 2.3% and 5% of all prisoners in the U.S. are innocent (for context, if just 1% of all prisoners are innocent, that would mean that more than 20,000 innocent people are in prison).”

According to a 2012 report by the National Registry of Exonerations about 2,000 people have been exonerated for wrongful convictions since 1989. Still, this number is in the least bit comforting. As the report notes:

…even 2,000 exonerations over 23 years is a tiny number in a country with 2.3 million people in prisons and jails. If that were the extent of the problem we would be encouraged by these numbers. But it’s not. These cases merely point to a much larger number of tragedies that we do not know about.

So how does this happen?

The Innocence Project lists the leading causes of false convictions as eye-witness misidentification, false confessions, improper forensic evidence and informants. One would think that these components would only lead to rightful convictions but each is severely flawed. For example, in 73% of convictions overturned with DNA, prosecutors used eye-witness accounts. But in many of these accounts there was “cross racial identification,” a known issue because studies show that it’s harder for witnesses to remember the facial details of people from other races.

False confessions are flawed due to pressures to accept plea deals and other coercion tactics. Informants are problematic sources because they are often offered plea deals and dropped charges in exchange for their testimony.

Dateline NBC recently featured a story about Eric Glisson, a man that was wrongfully convicted of murder and served over 17 years in prison. There was no physical evidence, only the words of one “eye-witness” and two other allegedly coerced witnesses. One of these witnesses recanted her testimony stating that she only testified due to police pressure of being threatened with jail time. It took 17 years, but Glisson and his co-defendants were finally freed. A total of five Black and Latino people (four men and one woman) had been in prison for almost two decades for a crime they didn’t commit.

Then there’s the story of The Central Park Five, who were recently awarded $40 million dollars after enduring 7-13 years in prison for a 1989 rape. In 2002, they were exonerated after a confession from the real perpetrator and DNA evidence proved their innocence. In another case, Jonathan Fleming was recently released after spending 24 years in prison for a Brooklyn, NY murder that was committed while he was in Florida.

There are many more stories like these that have yet to be concluded.

I recently learned of a case that hits closer to home. Jean Pierre DeVaughn is the older brother of a friend that I attended college with. Accused of murder-for-hire in the 2005 death of his cousin’s husband, Devaughn has maintained his innocence. He was convicted in 2011 and sentenced to life in prison with an additional 25 years. Having no prior record, he was offered a plea deal but refused to take it, wanting to fully clear his name.

His case is fraught with a series of issues. Devaughn endured an intense interrogation by police, during which a chair was thrown at him, he was taunted and his requests for a lawyer were denied. Additionally, there is no physical evidence linking him to the crime.

According to his defense attorney, a key witness in the first trial testified under the false pretense that Devaughn had accused him of being the murderer. Additionally, racial bias may have tainted jury selection leading to three African Americans being excluded from the jury.

In 2009, Rev. Jesse L. Jackson Sr. endorsed a letter written to the Fulton County District Attorney Office on Devaughn’s behalf. He is now represented by Janice L. Mathis, lawyer, activist and Vice President of the Rainbow PUSH Coalition Atlanta chapter.

Some may think it a bit presumptuous to believe that Devaughn is innocent, but history has shown us not to ignore pleas for a second look at trials that were once proclaimed to be “open and shut” cases. For now Devaughn waits in a Georgia prison for another chance to prove his freedom. The Supreme Court of Georgia will soon review his case.

Perhaps the most disturbing fact about these cases is this could happen to anyone and exonerations are rare occurrences. Many wrongful convictions include death row prisoners, which is all the more reason to support efforts to end the death penalty.

As an article from Scientific American highlighted, “Since 1973 144 death-sentenced defendants have been exonerated in the U.S. But Gross says that the analysis indicates that at least 340 people would have been put to death unjustly in that same time period.”

According to the Innocence Project, there have been only 316 post-conviction DNA exonorees, with 198 being African Americans. This is a daunting number considering African Americans only make up 13% of the US population. The numbers indicate that there is an overwhelming rate of bias concerning death sentencing for African Americans. Additionally, it’s hard to have many cases reviewed due to destroyed or lost evidence.

Something is devastatingly wrong here in the land of the “free,” especially considering the influence of corporate profits from the prison industrial complex. This is a real life horror story.

There is a perception that criminal convictions among African American youth are inherently just. But the fact is, many convictions stem from not having proper representation, not knowing the full scope of their rights when questioned by the police, being denied their rights and racially biased sentencing. An overwhelming amount of exonorees are Black men and women because an overwhelming amount of this demographic are wrongfully convicted or given harsher sentencing than their counterparts (sometimes even according to skin tone).

What can you do to prevent this from happening?

For now, it’s important to support initiatives like the Innocence Project and the Center on Wrongful Convictions that are doing the work to assist as many wrongfully convicted prisoners as possible. Push for your local jurisdiction to include preventative measures like recorded interrogations, proper and long-term preservation of forensic evidence, and advocating for eye-witness identification reform. 

Please do not republish this article without specific, written permission from Jessica Ann Mitchell.

IMG_0054-ZF-7906-35913-1-001-006Jessica Ann Mitchell is the founder of OurLegaci.com & BlackBloggersConnect.com. To reach JAM, email her at OurLegaci@gmail.com. Follow Jessica @TweetingJAM.

Follow OurLegaci at Facebook.com/OurLegaci.