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Another Example of Justice for 'Just Us' PDF  | Print |  E-mail

In the recent Plain Dealer series, “Justice Blinded: Race, Drugs and Our Legal System,” reporter Bob Paynter, in an amazingly detailed manner, has proven what many have known all along: America’s so-called system of justice is broken, and in far too many instances it simply doesn’t work when it comes to fairness and parity for minorities or the poor.

The problem is that, for the most part, the legal system is merely reflecting the basic unfairness and disparities minorities face in other aspects of American life and culture: Jobs, delivery of healthcare services, spending for education — the list could on and on.

For decades, it’s been a known, proven and verifiable fact that blacks, whites and Hispanics all buy, sell and use drugs at approximately 11 percent of each group’s population. Yet blacks (and Hispanics to some degree) are much more likely to wind up in prison or with a felony conviction for the exact same behavior whites get a virtual pass on. Why? Because of selective enforcement, selective prosecution, and unfair sentencing — and everyone, at every level of the justice system is in on hustle

In the suburbs, someone caught with a crack pipe is charged with a misdemeanor; in Cleveland, the same crack pipe is a felony. Why? Here’s one dirty little secret: Because police officers in Cleveland get to go to court and earn four hours of overtime, primarily off blacks. Yes, it’s all about the Benjamins, and everyone in the system knows it, including Mayor Frank Jackson, who could put a stop to this part of the scam in an instant, if he were so inclined.  

While Paynter rightly blasts the prosecutors for capriciously determining who gets diversion programs and who gets a felony conviction, there is a simple way of stopping this miscarriage. All defense attorneys have to do is quit pleading their clients out. Take every case to trial. The court system would freeze up due to the overload; it quite simply cannot handle holding trials for the 90+ percent of cases that are currently plea-bargained. The system would be forced to change and become fairer.

Why don’t the members of the defense bar pursue such a strategy? Ask them. In all likelihood they too are afraid of the police. Ditto for the judges, who are too concerned with re-election to stand up for what is right. As for County Prosecutor Bill Mason, don’t hold you breath waiting for him to do the right thing..

Sadly, there’s more than enough shame to go around down at the “Just Us” Center.

 

 
Plug Into the Current PDF  | Print |  E-mail

Welcome to ClevelandCurrent.com, Northeast Ohio’s only progressive online media outlet utilizing a staff of professional journalists to produce original content that aggressively explores and analyzes political, economic, cultural and social issues. Each of our staff members possesses an informed perspective and sharp point of view regarding the critical matters facing our region and our nation.  Collectively they have been honored with nearly 40 journalism and writing awards. Individually, each couples thoughtfulness with passion and none are afraid to challenge conventional wisdom, take strong positions on specific issues and hold accountable those in power.

 

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Corrigan Lowers Boom On Editor PDF  | Print |  E-mail

Maybe the pressure of having to rule on the Flats East Bank eminent domain case is proving to be a bit much for Probate Judge John E. Corrigan. That would explain his bizarre behavior last month when Cleveland Current editor Larry Durstin requested the "open record" depositions of developer Scott Wolstein and former mayor Jane Campbell that were taken by lawyers representing the independent business owners fighting their property being taken via eminent domain. Moments after the depositions were handed to Durstin by Corrigan's secretary, the red-faced judge bolted out of his office and bellowed "get out of here" to Durstin and proceeded to yank the documents out of Dustin's hands, screaming "You're not the Plain Dealer, now get out of here."

 

When our editor protested that the material was open for public perusal, Corrigan blustered, " I don't care, if you want to see them you can sue me." It may be inaccurate to speculate that this outburst is indicative that Corrigan is leaning toward ruling in favor of the Wolstein developers, since veteran courthouse observers note that the judge has long been inclined to exhibit an imperial attitude regarding what the wearing of the robe entitles him to do. Still, behavior such as this raises questions — if not about Corrigan's objectivity, then certainly his temperament.