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LINK TO VIEW WORKS CITED DOCUMENT
https://docs.google.com/document/d/1h9iVxyvBGozA49V3_n_ByEIdEdeCiy1RukAylHFw9Sk/edit?usp=sharing

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Additional Video On Cocaine vs Crack Disparity in Legal Sentencing - Adam B

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Additional Video On Cocaine vs Crack Disparity in Legal Sentencing - Adam B

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This is an additional video that relates to one of the people we wrote about who has been impacted by legal processing and sentencing. This is a direct example of unfair sentencing for people who are committing the same crime.

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REFORM INITIATIVE 1 - Iliana - THE FAIR SENTENCING ACT

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REFORM INITIATIVE 1 - Iliana - THE FAIR SENTENCING ACT

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- THE FAIR SENTENCING ACT -
- August 2010, Obama signed the Fair Sentencing Act into law which limits cruel and unusual, or harsh punishments regarding offenses for crack cocaine
- Democratic and Republican congressional leaders were also proponents of the reform.
- “The Fair Sentencing Act was welcomed by civil rights and community activists, but the compromise measure fell short of the changes they had sought for two decades. The new law reduces but does not eliminate a sentencing disparity that disproportionally impacts African Americans and entangles too many low-level drug offenders in the criminal justice system” (Source 1).  https://www.sentencingproject.org/publications/breakthrough-in-u-s-drug-sentencing-reform-the-fair-sentencing-act-and-the-unfinished-reform-agenda/

- The Fair Sentencing Act reduced the disparity between crack and powder cocaine offenses from 100:1 to 18:2.
- Previously, people faced longer sentences for crack, whereas powder cocaine was assigned a lesser sentence.
- The majority of people arrested for offenses regarding crack are African American, and the 100:1 ratio between the offenses of crack and powder cocaine demonstrated the insane disparities in length of prison sentences for essentially the same level of offense.
- African Americans served almost as much time in prison for nonviolent drug offenses as the white people who were convicted for violent drug offenses.
- The 18:1 ratio was a compromise, and it should still be pushed to a fairer comparison because 1:1 is the only truly fair ratio.
- Source 2: https://www.aclu.org/issues/criminal-law-reform/drug-law-reform/fair-sentencing-act

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REFORM INITIATIVE 2 - Iliana - SMART JUSTICE

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REFORM INITIATIVE 2 - Iliana - SMART JUSTICE

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SMART JUSTICE -
- The ACLU Smart Justice campaign is making an effort in order to adjust sentencing laws to be more just and well as law policies that rig the system.
- Smart Justice ran a ballot initiative in Oklahoma, passing the SQ780 initiative, reclassifying possession from felony to a misdemeanor, which is only one example of the reform they have and plan to implement.
- The US has the highest incarceration rate of 2.2 million people People of color especially are cycled in and out of penitentiaries and prisons daily.
- Tons of crime policies throughout the years have resulted in “minimum sentences” and “three strikes” types of enhancements as well as restrictions built to keep people in the system
- Simple crimes such as selling $10 worth of marijuana of stealing a wallet have resulted in life without parole, and there are tons of popped serving severe sentences for unjust reasons
- Sentences aren’t deterrents and they ruin a person’s chance at rehabilitation, reunification with family, and specifically reintegration into society.
- There are corporations and organizations such as Homeboy industries that aid with a reintroduction to society, but in comparison to all of those incarcerated, it doesn’t compare. -“Convictions are disproportionately affecting poor people and people of color, these sentences are also exacerbating extreme racial disparities in the criminal justice system and tearing vulnerable communities apart”(Source 3).
https://www.aclu.org/issues/smart-justice/sentencing-reform

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Infographic #1 - Iliana - A Simple Explanation of the Sentencing Process

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Infographic #1 - Iliana - A Simple Explanation of the Sentencing Process

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The infographic above provides a basic and easily comprehensible simplification of the sentencing process, allowing onlookers, readers, and participators to fully understand what is going on.

This particular infographic demonstrates the steps in the process, rather than narrowing in on a specific aspect in order to allow the onlooker to understand the complexity of the process and see the many ways in which it can be flawed; more of a precursor to the following infographics.

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Our Project focuses on the injustices in sentencing and incarceration. Specifically in cases around immigration and racial injustice. Adam focused on advocates for racial injustices in the legal system and specific people impacted by the issues. Emilia focused on specific cases that breached the Bill of Rights and the U.S constitution. Concepts such as a speedy trial, unbiased juries, etc. Also, created a poem that reflected the feelings of injustice throughout the trial process. Iliana focused on graphics explicating various injustices throughout the sentencing process, as well as explaining why the graphics connected to each aspect of inequalities that the community suffers from, typically in silence. Also focused on the elaboration of various reform measures and initiatives that have been incited throughout the community in order to advocate for change in a clearly flawed criminal justice system, and skewed sentencing process.

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Video Relating On Ilyce Shugall Work as an Immigration Judge. - Adam B

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Video Relating On Ilyce Shugall Work as an Immigration Judge. - Adam B

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This video breaks down what exactly Ilyce Shugall has done for multiple years. On top of that, she worked as a Judge in an Immigration Court.

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Advocate Spotlight (person working to bring more justice to this issue) (1) - Adam B

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Advocate Spotlight (person working to bring more justice to this issue) (1) - Adam B

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Ilyce Shugall is an advocate for people who are having trouble with immigration problems. She provides counsel for their legal obligations and rights regarding immigration. Shugall is the Director of the Immigrant Legal Defense Program at the Justice and Diversity Center of the Bar Association of San Francisco. Prior to this, she served as a Judge in the San Francisco Immigration Court. Ilyce has also held the position of Directing Attorney of the Immigration Program at CLSEPA for 5 years. Ilyce has worked with bay area collaboratives to secure funding for non-profits to provide pro bono representation to individuals in legal immigration predicaments. One of her many achievements includes her work for the NDPA (New Due Process Army). She is one of the leaders and has done influential work for multiple years. As stated by the founder of the program, "her many contributions of to our camaraderie and work in behalf of due process and fundamental fairness have been nothing short of spectacular". She is appreciated to be one of the most efficient members of her team on the round table. Another example of how she has made society a better place is leaving her position as an immigration judge. She decided to resign from her position because of Trump Administration's unfair policies. She cant in "good conscience" carry out these polices as a judge, and resigned as a judge to work as a lawyer again.

links: https://www.pli.edu/faculty/ilyce-shugall-27228 & https://immigrationcourtside.com/category/pro-bono-representation/justice-diversity-center-of-the-bar-assn-of-san-francisco/immigrant-legal-defense-program/hon-ilyce-shugall/ & https://immigrationlawyerslosangeles.com/immigration-law/los-angeles-time-op-ed-immigration-judge-resigned-because-she-could-not-in-good-conscience-serve-under-the-trump-administration/

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Infographic #2 - ILIANA - The Difference Between Public Defenders and Private Attorneys In Regards To Sentencing and Sentencing Outcome

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Infographic #2 - ILIANA - The Difference Between Public Defenders and Private Attorneys In Regards To Sentencing and Sentencing Outcome

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This infographic demonstrates the differences between a public defender and a private attorney.

These differences can be vital in the sentencing process. People who can't afford a private attorney are assigned to a public defender. The majority of those who have fewer funds are people of color because of disadvantages such as redlining, food deserts, improper medical care, school disadvantages, etc...
These facts are examples of how people of color are the majority of whom are paired with public defenders, decreasing their chances of beating charges held against them.
Here is yet another way of showing how the system is rigged to incarcerate people of color in the sentencing process, and showing how a 'fair trial' and 'fair sentencing process' is not quite so fair at all.

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Creative/ Artistic/Analytical: EITHER a) review 3 songs, movies, books, stories, poems, TV shows, podcast episodes or court cases  b) create a video, short story or poem/spoken word - EMILIA 

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Creative/ Artistic/Analytical: EITHER a) review 3 songs, movies, books, stories, poems, TV shows, podcast episodes or court cases  b) create a video, short story or poem/spoken word - EMILIA 

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Disappointment
by Emilia Gajano-Blythe

I sit beneath the throne, within the shadow of a monster waiting for my judgment.

This being has no face.

no mercy.

no feelings.

Hungers for greed and feeds off of society's injustices.

A monster taking on a godly role, but somehow I am nothing

I am the monster, awaiting my fate.

I wish to speak, to explain but my lips are glued and my voice has vanished.

I can't breathe. The pain is suffocated.

The anger, sadness, aggression burns me and leaves a stinging residue like a knife in my side.

I'M GUILTY?

I CAN’T GO BACK

I WANT TO LIVE

Take me back to my family, my children, take me back to my people.

I want to be with my people.

I erupt within not allowing the public to see my defeat.

I am strong.

I am worthy.

I am human.

I am weak.

I am defeated.

I am useless.

Desensitized to the outcome of the trials, not even hopeful, not even surprised.

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Infographic #3 - Iliana - "A Jury Of One's Peers Doesn't Exist For POC"

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Infographic #3 - Iliana - "A Jury Of One's Peers Doesn't Exist For POC"

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The infographic depicts the difference between jurors that were dismissed versus jurors that were kept on the case by race. The purple indicates black jurors, and the blue indicates non-black jurors.

There have been studies conducted surrounding racial bias in jury selection, one specifically being a study that was done in Caddo Parish, Louisiana.
It was found that African Americans were significantly more likely to be struck from juries compared to non-African Americans.
Out of 8,318 qualified jurors, 46% of black jurors were struck, and only 15% of non-black jurors were, and the results were consistent throughout Louisiana, Alabama, and North Carolina.

To buttress this assertion, as well as the study in Louisiana, according to an article written by newswire correspondent Stacy M. Brown, people of color, specifically, African American people rarely end up getting a jury of their peers in general throughout the United States.

Overall, there are many factors that go into play that are askew and lead to mass incarceration or 'misincarceration' of people of color, and this infographic narrows in on the specifications of that due to their lack of representation in the jury and the sentencing process as a whole.

https://deathpenaltyinfo.org/news/studies-racial-bias-in-jury-selection

https://www.insightnews.com/online_features/community_cares/jury-of-your-peers-rarely-applies-to-african-americans/article_693d9320-7108-11e9-9bce-8fad9be279d1.html

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Infographic #4 - Iliana - Simple Depiction Showing The Difference In Incarceration By Race

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Infographic #4 - Iliana - Simple Depiction Showing The Difference In Incarceration By Race

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The image depicts handcuffs, each cuff representing something different; one being the entirety of the United States POC Population, the other representing the United States Prison POC Population.

It states that 37%  of the United States is comprised of people of color, but 67% of the US prison population is people of color.

This says a lot about the differentiation in the sentencing process, specifically indicating that "due process of law" does not always meet expectations as well as the concept of "jury of one's peers" being a relative fallacy, as seen in infographic 3.

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Infographic #5 - Iliana - School to Prison Pipeline Correlating with Sentencing

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Infographic #5 - Iliana - School to Prison Pipeline Correlating with Sentencing

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This image depicts different factors that push our youth into the prison systems; the right hand side depicting the path from school to prison, the left, the foster care system into prison.

Both of the sides conclude that people of color are more likely to be placed in the foster care system which is 'breeding ground for the criminal justice system', and people of color are more likely to be pushed out of school.

25% of youths leaving foster care will be incarcerated within a few years of turning eighteen - predominantly affecting people of color, and 70% of people who are "arrested" at school are people of color.

The criminal justice system is fueled by these systemic forms of oppression that society doesn't even realize without analytical statistics in their faces.

The entirety of the sentencing process has been built to "lock up and throw away the key" rather than rehabilitate and heal.

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Descriptions of people involved in or impacted by this issue (3) - Adam B

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Descriptions of people involved in or impacted by this issue (3) - Adam B

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#1 Telisha Watkins was a 33-year-old woman who got a 20-year prison sentence for arranging a cocaine deal for an elderly neighbor. Watkins believed she was arranging a deal strictly with cocaine, but apparently crack was in the mix as well. She was given a sentence three times as severe as it would have been if it was just cocaine. As you know, crack and cocaine are the same drug, yet crack has more repercussions if you are caught. Is it a coincidence that most crack usage is in poor neighborhoods with high populations of people of color? Telisha Watkins has spent almost 18 years in prison. The dealer who actually sold the drug was released from prison after a one-year sentence in 2008. She is someone who is directly impacted by the issue of unfair legal sentencing based on race.

#2 Anne Marie has worked in the legal system in the heart of New York for multiple years. Currently, she is the director of the Center for Immigration Justice.  She has fostered justice for Immigrants and people who are less fortunate than the average American Citizen. She works as a pro bono coordinator with Kids With Needs. She has conducted legal screenings for abandoned minors in New York. She is currently recruiting, training, and mentoring pro bono attorneys to represent the children in immigration court. Anne Marie is directly involved in legal processing and sentencing.

#3 is Ronald Evans. Ronald Evans's case was started in 1993, where he was still a teenager (18). Ronald Evans was born in Norfolk NA, raised by a single mom. He joined the drug conspiracy when he was only 15. Ronald started off in the gang as a lookout member for illegal activities but was eventually raised in status on the gang's ladder. He got caught when he was 18 and was the alleged "organizer" of the gang. The federal judge not only sentenced him one life sentence, but two life sentences without parole. He was 18 at the time. Ronald is now 39, living in jail for the majority of his life.

links: https://www.vera.org/people/anne-marie-mulcahy & https://www.businessinsider.com/10-most-outrageous-mandatory-minimum-2013-4#when-he-was-just-19-ronald-evans-got-life-in-prison-without-the-possibility-of-parole-2

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 Relate issue to two different provisions or rules of the Bill of Rights or 14 Amendment (Emilia)

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 Relate issue to two different provisions or rules of the Bill of Rights or 14 Amendment (Emilia)

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The 14th Amendment States: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”(14th Amendment: Section 1)

#1 Innocences Project Case: Yusef Salaam- One of the central Park 5 (one of 5 Latino and African American teenagers that were wrongly convicted of a brutal rape in Central Park). Due to wrongful racial profiling, Yusef served almost 7 years in prison for a crime he did not commit. Once he got out, Yusef went through a difficult time, being labeled a rapist and being shunned by his community. Several years later, the real murderer confessed and he was released of all charges.

- April 19, 1989 - rape committed

- December 19, 2002 - the recommendation of the Manhattan District Attorney, the convictions of the five men were overturned.

How does this case relate to the 14th Amendment?

This man was a child, a teenager at the time. They didn't even question whether there was someone else. On top of that, they didn't waiver his sentencing because he was a kid, he spent most of his teenage into young adult years in prison, missing out on alot. This is not equal protection of the laws. And because of racial injustice, he was unable to experience the milestones that a young adult would have normally gone through.

The Bill of Rights states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed,” (BOR: Amendment VI)

#2 OJ Simsons Murder Trial:
On October 3 Simpson was found not guilty of the murders of Nicole Brown Simpson and Ronald Goldman. After the verdict, polls of public opinion continued to break down along racial lines. Whites were largely dismayed by the jury’s decision, whereas the majority of African Americans supported it, seeing Simpson’s innocence as a victory in a legal system that systematically discriminated against African Americans.

- Trial: January 24, 1995 - October 3, 1995
*For reference, an average straight forward case will last 4-7 days, but It can last up to a couple of weeks if necessary. OJ Simpson Trial lasts 8 months. On top of that, it was nationally televised and was very popular.

This doesn't not follow the promise of a speedy, and fair trail. Alot of the bias within the case are due to one of two things - 1. Oj's race and 2. fans that don't want to see him locked up. On top of that, this case was made into a popular tv show, almost as if the trial was a joke. This a mockery of what the Bill of Rights promises for the American people.