Hey RLD Family! I had the privilege of appearing on the American Bar Association podcast “The JustPod” this week. The host Emily Johnson and I chatted about what the ethical … Continue reading RLD on The JustPod: Prosecutorial Discretion
Every Black History Month, I have done a series on this blog on the topic of “Legal Divas of Color”. The intent is to highlight African-American women who are doing great things in the legal field. Many serve as an inspiration to me to keep fighting the good fight and pushing the boundaries as far as they can go. It is also a reminder that the term “diva” is not a pejorative term; a diva is a woman who is strong, self-assured, and commands her worth.
When one thinks of the state of Alabama, sadly what comes to mind is the long history of racism and segregation. One thinks of the work of Dr. Martin Luther King; the actions of brutal police officers; and the last state in the country to overturn miscegenation laws as required by the Supreme Court.
However, Election Day 2016 showed that times are slowly changing in this southern state. 10 female attorneys of color rose to the highest positions that one can hold in the legal field in Jefferson County. The newly elected District Attorney is Lynneice Washington; and nine women of color were elected judges in Jefferson County. The nine new judges are Javan Patton, Debra Bennett Winston, Shera Craig Grant, Nakita “Niki” Perryman Blocton, Tamara Harris Johnson, Elisabeth French, Agnes Chappell, Brendette Brown Green and Annetta Verin.
District Attorney Lynneice Washington ran on a progressive platform of reforming/reducing the use of the death penalty, creating alternatives to incarceration for low level offenders, and creating a citizens-police advisory board. In doing so, she defeated the incumbent who had been appointed to the position after the retirement of his successor.
These wins are even more significant when you look at the fact that the current administration carried Alabama, and defeated Hillary Clinton resoundingly.
In this day and age, there seems to be a resurgence of the “tough on crime” rhetoric coming from the Justice Department and the White House. These policies have proven to be ineffective, leading to mass incarceration and no rehabilitation to be found in the criminal justice system. Now, there is a rise of a more progressive approach to criminal justice, which has shown to be effective in reducing recidivism and integrating people back into their communities. This is why it is more important than ever to elect progressive district attorneys and judges so that the whole defendant is being considered, as well as what is right for the victim, and the community at large. Local politics have become more critical in criminal justice than national policy. Groups such as the ACLU, and activists such as Shaun King are mounting voter education campaigns on this critical issue.
The wave of power seen in Jefferson County, Alabama is absolutely historic. I look upon these wins as hope for the future!
Congratulations ladies for being Legal Divas of Color.
Is Bill Cosby going to prison?
As actor Bill Cosby trial for sexual assault continues, everyone is asking the million dollar question is this it? Is the legendary actor that we all grew up with (Mr. Huxtable, Fat Albert, Jell-o pudding pops man) going to serve prison time for the alleged sexual assault of Andrea Constand?
Several factors come into play.
First, he’s got to be found guilty. The prosecution has an uphill battle convincing the 12 person jury. There was a delayed report of the assault (one year later), no physical evidence, and no eyewitnesses. The alleged victim stayed in contact with Cosby afterwards. Jurors, in the age of DNA, need more than an accuser’s word more often than not. He also has a squeaky clean image, and was someone who seemed endearing on television. It may be hard to separate the character from the person.
But, the prosecution is not walking in empty handed. There was much pretrial press, including television specials and magazine articles, of the long line of women (over 50 in total) who claim to have been victimized by Cosby. This includes supermodels, struggling actresses, and an airline stewardess among others. As much as the judge and attorneys for both sides asked probing questions during the jury selection process, this publicity will be in the jurors minds no matter what they may have said. Also, another victim will be sharing her experience with the jury — hearing from multiple victims is more powerful. Lastly, the prosecution will present expert testimony with the goal of enlightening the jury as to the different, unexpected ways victims of sexual assault may act or react.
So, it is a toss up which way the case will go. If he is found not guilty, he walks out the door. If he is found guilty, he would not be sent to jail immediately. Sentencing would be set for several weeks after the verdict is read. At the sentencing hearing, the defense attorney would bring a host of character witnesses. We saw Keisha Pullman Knight come to court with him in support; she and other Cosby show co-stars have been vocal in their support. They will probably be called to testify, along with others who will discuss the positive things he has done for the community, for the field of acting, etc. The defense will be quick to remind the court that Cosby does not have a criminal history.
Along with his lack of criminal history, the judge can consider Cosby’s age (79) and health. If he is truly going blind due to glaucoma, along with other physical ailments, the judge may determine that incarceration may not be the best punishment. The judge may feel that because of his age/physical condition, he is unlikely to reoffend, therefore not posing a risk to the public.
Cosby faces a max of ten years in prison if convicted. But as we have seen in recent cases at Stanford University and in Colorado, judges may conclude that prison is not appropriate for a variety of reasons. Granted, historically, men of color have not had the best luck when it comes to sentencing, as seen by the disproportionate numbers in prison. But wealth is often the great equalizer, as seen in the OJ Simpson case.
So is he going to jail?
In my opinion, doubtful.
Hi RLD Family,
As we bring 2016 to a close, I wanted to share the stories on the blog that were the most popular this year. I’ve put the link to the post in the title, so go ahead and click to read it again…or for the first time if you missed it.
Let’s begin the countdown!
This Presidential election definitely brought out some strong feelings — and the outcome came as a surprise to many. I shared my thoughts as to “where from here” and my resolve to fight for what is rightfully mine as an American. My forefathers planted trees on this land, and I intend to stay and enjoy the fruit of their labor.
My response to the crazy and factually incorrect comments regarding slavery made by Fox News host Bill O’Reilly appeared in the Huffington Post. It remains the most commented on and liked piece that I have done so far. We must be vigilant to make sure that those who wish to revise history, whitewashing it and trying to minimize the effect it had on this nation, are held to task.
This piece was published in the Huffington post as well. It was in response to some of the horrific shootings by police that we saw this year. Not every case merits an arrest; if an officer can articulate legitimate reasons for being in fear, then the shooting is justified. The focus must remain on deescalation tactics to reduce the number of fatal shootings, and shining a light on those shootings that are not justified to ensure that everyone is equal under the law — facing consequences when the law is broken.
An innocent and sweet Old Navy ad featuring an interracial family drew the ire of Internet trolls. As a result of the racist backlash, many families started to post pictures showing what love is. I was no different; not only did I post pictures of my husband and I, but I penned a piece to discuss some of the challenges that we face as a couple. At the end of the day, as long as you have a love and communication, you can overcome anything!
And the number one post of 2016 on the Resident Legal Diva is:
This was one of the toughest pieces for me to write. Actually, writing it wasn’t that hard; reading and sharing it was the difficult part. My friend suddenly passed away earlier this year, and left a hole in my heart that can never be filled. This was a tough year for me with regards to friends and family transitioning to the next life. All we can do is cherish those we love while we have them, mourn those we have lost, and keep them alive in our hearts through our beautiful memories.
This year I also took a gander at vlogging! I did three videos — check out the links below.
So for 2017, what do you want to see on the blog? Do you want to see more articles? More Diva Talks videos? More Diva Reads where I discuss articles of interest that I have been reading? I’d love to hear from you, sound off in the comments below.
Wishing you a happy, healthy, prosperous, and amazing New Year. I’ll see you on the flipside!
I’m starting a #TBT (aka Throwback Thursday) series to share past posts that are relevant today. It was pretty crazy to realize I have shared 175 posts in the last 3 years on The Resident Legal Diva. The recurring themes of race, criminal justice, and living together as Americans are close to my heart.
So in light of my piece on Colin Kaepernick, and the debates we are having as a result of his actions as well as the elections, please take a look at my multi part series from 2014 “Knowledge Trumps Racism“. More importantly, I’ll start you at the end of the series, written on MLK day of 2015, which talks about standing up for what you believe in.
Please see my thoughts here.
As always, I welcome your feedback and thoughts!