Tag: criminal justice

Immigration & Criminal Cases

gavel-0Recently, I guest blogged on the site for attorney Robert Rogers on the Critical Role of Immigration Attorneys in Criminal Cases.  Too many times, I have seen situations that could have been handled better in criminal court had an immigration attorney been involved. It’s an interesting read, please share your thoughts!

In recent months, the topic of the criminal justice system and immigration has been hotly debated. Much of this discussion is as a result of a recent high profile case in California, and comments made in conjunction with the upcoming Presidential elections.

Let’s start by clearing up a few things.

Not all immigrants are here illegally.

One can become a legal resident in this country by coming here through a family member or spouse, as a student, sponsored by an employer, for business, or by seeking asylum from persecution in his/her home country (like during a time of civil war, a coup, or ethnic cleansing).

There is a perception by some people that all immigrants come to this country illegally, commit crimes at will and are clogging up the criminal justice system. This is simply untrue, and the majority of people who are incarcerated across the country are not from immigrant backgrounds. Those who do cross the border illegally, or stay longer than their legal status allows, face deportation when caught. If you are an illegal immigrant who commits a crime in the United States, you are subject to deportation not only for the crime, but for the illegal entry into the country.

Read more here

Diversity Discussions: The New York Times

20140323-142740.jpgThis week, I was quoted in an article in the New York Times regarding a recent study that reveals 95% of elected prosecutors are white. As President of the National Black Prosecutors Association, I am proud to lead an organization that has been fighting to recruit and retain African American prosecutors for 32 years.  Diversity in the criminal justice system is one of the key components to  earning and maintaining the trust of the community. Read the article here.

Diversity Discussions….

20140519-151326-54806927.jpgBack in November, I had the honor and the privilege of speaking as President of the National Black Prosecutors Association on a roundtable at Harvard Law. Fellow participants included head prosecutors from around the country, and forward thinkers in the criminal justice world, led by the Vera Institute.  We discussed issues of racial disparity in sentencing, ways to ensure that everyone gets the same treatment for the same types of crimes/criminal history, and other ways to make our system better.  See my interview here on diversity and unconscious bias in the criminal justice system.

Knowledge Trumps Racism, Part II

IFWT_Bill_De_Blasio

New York City Mayor Bill De Blasio came under fire for regarding comments he made regarding what he has told his son about how to interact with law enforcement.

Mayor De Blasio, who is married to an African American woman and has a biracial son, stated in a recent interview:

“It’s different for a white child. That’s just the reality in this country,” de Blasio went on. “And with Dante, very early on with my son, we said, look, if a police officer stops you, do everything he tells you to do, don’t move suddenly, don’t reach for your cell phone, because we knew, sadly, there’s a greater chance it might be misinterpreted if it was a young man of color.”

The head of the New York City Police Union was infuriated, and stated that the Mayor “threw cops under the bus” and was not helping race relations.

Here’s the deal.

Mayor De Blasio a white man, and a parent, is speaking his truth.

He’s speaking of the discussion that thousands of African American parents have with their sons across the country on a daily basis.

He’s a responsible parent, making sure his child knows how to act appropriately in a police encounter. Be polite, don’t make any sudden movements, don’t do anything to escalate the situation.

He’s also being practical! As angry as Patrolmen’s Benevolent Association President Pat Lynch may be, does he really want people making sudden movements in police encounters, creating situations where officers will have to draw their weapons?

I should hope not!

Mayor De Blasio’s statement is actually helping race relations…because when African Americans make similar statements, it can be viewed as an overreaction. “Their kids must be doing something bad.” “They’re just paranoid”

But the Mayor says it…this draws attention to the fact that this is a real issue.

So before dismissing his comments, listen.

Knowledge trumps racism.

Understand what the other side is saying. Mayor De Blasio is speaking his truth. So speak yours and let’s have a productive dialogue on how to move policing forward as opposed to “us” vs “them”.

Not all kids of color are bad; not all police officers are bad.  If we start from that premise, we may actually get somewhere!

See my list of my practical tips on interacting with law enforcement here.

Feel free to weigh in!

M.