FOR IMMEDIATE RELEASE
CONTACT: Nicole Reigelman House Democratic Communications Office Phone: 717-787-7895 Fax: 717-783-6839 Email: nreigelm@pahouse.net	State Rep. Harold James D-Philadelphia www.pahouse.com/james
id="_x0000_i1026"

The -isms of the U.S. Criminal Justice System

(Racism, Sexism, Favoritism, Classism, Celebritism, etc)

By: Representative Harold James

The -isms of the criminal justice system have always plagued the United States. This double standard was reinforced when Paris Hilton was released early from a 23-day jail sentence. Who else but a celebrity can repeatedly disregard our laws, receive a minimum sentence, be released from jail three days later to house arrest, demand she attend a court proceeding via telephone from the comfort of her home, not be held in contempt when she arrives late at the court proceeding, and still have the opportunity of becoming the model of magnanimity because she won’t appeal her 45-day sentence? This is a prime example of the newest -ism – celebritism.

Let’s look at a few states:

Michigan: The U.S. Supreme Court recently ruled that a 1999 Michigan law, which denied legal representation to poor people in a criminal appeal, is unconstitutional. Under the law, a poor criminal defendant who wished to challenge his sentence after pleading guilty was generally not entitled to appointed counsel, even for a first appeal. This law made Michigan the only state in the country that denied appointed counsel under these conditions. The -ism exposed: classism.

Montana: The Montana legislature passed public defender legislation that creates a new statewide public defender system to service the state’s poor. Before this groundbreaking legislation was passed, the state's county-based indigent defense programs were so poorly funded and administered that the lawyers employed by those programs could not provide constitutionally adequate representation to their clients. By passing this new law, Montana took a significant step toward providing lawyers who represent the poor with the same resources it provides to lawyers who prosecute the poor. The -ism exposed: classism and favoritism.

Pennsylvania: The final report of the Pennsylvania Supreme Court committee on racial and gender bias concluded that there is racial and gender bias in the criminal justice system. In addition, the report found that gender is the most consistently influential variable among defendant status characteristics, especially when analyzed in conjunction with race, ethnicity and age; therefore, racial and ethnic males are much more likely to receive higher sentencing outcomes than other groups. As a result, racial and ethnic minorities account for 66 percent of Pennsylvania’s state prison population, but only 12 percent of the Commonwealth’s population. Pennsylvania ranks as the sixth-highest state in the nation in the racial disproportionality to its rate of incarceration. The -ism exposed: Racism.

I applaud Judge Michael Sauer for ordering Paris Hilton back to prison to serve out her 45-day sentence imposed for driving on a suspended license due to drunk driving; however, Sheriff Lee Baca’s actions were a disgrace to law enforcement. The Daily Telegraph reported that Paris Hilton’s billionaire grandfather donated money to Sheriff Baca’s campaign. In the past, Baca has been accused of attempting to overrule a judge and showing favoritism towards Hollywood celebrities. He was the officer who failed to report actor Mel Gibson's anti-Semitic tirade after being arrested for drunk driving. Later, it was found out that Gibson had filmed television advertisements for one of Sheriff Baca's pet causes - an education fund for police officers' children.

The -isms are becoming an even greater problem in the criminal justice system because many of them are interrelated, for example: race, class and gender are interconnected, and therefore bias is often evident from the start, when a case is before the criminal justice system. Paris Hilton is an illustration of the many -isms of the U.S. criminal justice system. Not only does she possess celebritism, but she also is of a gender, economic class and racial makeup that the criminal justice system has in the past proven to be lenient with.

There is no clause in the constitution that says people can only have access to the Bill of Rights or equal justice if they can pay; yet, this has been the reality for the more than 35.9 million Americans who live below the federal poverty level, as counted by the U.S. Census. As a retired police officer, I have seen this type of injustice perpetuated in the U.S. criminal justice system and it must stop. It sends the wrong message to our young people and to the rest of the world. We must all be held to the same standards, which is equal justice under the law. The law should not see the -isms color, gender, sexual orientation, economic or celebrity status – but it does.

###nr/2007/agh
l:\print\columns\Isms.186