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Criminal Justice System Haunted by Historical fact and Intentional Design
Oct 03 2020
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There has not been a moment since the U.S. Constitution was ratified in 1789 that systemic racism has not influenced either the quality or quantity of justice in America.
In April 2019, The Sentencing Project submitted a reportto the United Nations that revealed the following stark conclusions:
- African-Americans are more likely to be arrested, convicted, and incarcerated than white Americans;
- African-Americans comprised 27 percent of all people arrested in the U.S. in 2016, double their share of the nation’s total population while Black juveniles comprised 35 percent of the U.S. juvenile arrests that year;
- Black Americans are 5.9 times as likely as white Americans to be incarcerated;
- Latinos are 3.1 times as likely as white Americans to be incarcerated;
- One in three African-American boys born in the second year of this century would end up in prison;
- 56 percent of the nearly 300,000 drug offenders in the nation’s prison systems are African-American;
- 48 percent of the more than 200,000 offenders serving life or “virtual life” sentence are African-American;
- Prosecutors are more likely to charge African-Americans with offenses that carry heavier sentences than whites;
- Federal prosecutors are twice as likely to charge Black Americans with offenses that carry a mandatory minimum than whites;
- Racism overwhelming affects parole release decisions to the disadvantage of African-American offenders; and
- Racism among corrections officials infects the prison disciplinary system to the disadvantage of African-American inmates.
This 2019 report’s conclusions, based primarily on 2016 data, reflect the “state of justice” in this Country for people of color. These same conclusions, and much worse ones, have existed every moment through every year in America since before 1789. People of color in the U.S. have always received the chaff of justice while white people, who have ruled the American justice system, received the wheat.
These conclusions remain the reality for people of color to this very day.
Blacks and Latinos More Likely to be Sent to Prison
On September 9, 2020, the Harvard Law School released the results of a year-long studydocumenting disparities in the criminal justice system through sentencing. The study found that Black and Latino defendants in Massachusetts (the ninth state to ratify the Constitution) are more likely to be sent to prison for drug and weapons offenses than white defendants charged with similar offenses.
The report’s researchers from the law school’s Criminal Justice Policy Program found that drug and weapons offenses have long carried “racialized stigmas.” One of the reasons Black defendants are more likely to go to prison is that prosecutors—most of whom are white—charge them with more serious offenses at the outset. As the study concluded:
“The penalty in incarceration length is largest for drug and weapons charges, offenses that carry longstanding racialized stigmas. We believe that this is consistent with racially disparate initial charging practices leading to weaker initial positions in the plea bargaining process for Black defendants, which then translate into longer incarceration sentences for similar offenses.”
Blacks Incarcerated 8X Than Whites
This latest Harvard study is identical to the results found by the Massachusetts Sentencing Commission in 2014. That study found that Black offenders are incarcerated at a rate of 8 times higher than white offenders. In contrast, Latino offenders are incarcerated at a rate of 5 times higher than white offenders.
The chief counsel for the Massachusetts’ public defender agency, Anthony Benedetti, said the Harvard research “shows more of what we have known for years – that Black and Latinx men and women unfairly experience significantly worse outcomes than do their white peers … They are pushed into the criminal legal system earlier, are sucked in deeper, and they are held within its clutches longer.”
The Harvard study, while laudable, is not extraordinary. Its results demonstrate what has been practiced in this Country since 1789—people of color are discriminated against at every stage of the nation’s legal system. This unequal and unfair process today is more commonly referred to as “systemic racism.”
Leadership Fails to Acknowledge Historical Facts
Still, the President of the United States does not believe in systemic racism. U.S. Attorney General William Barr does not believe in systemic racism. Many federaland state lawmakers—most of whom are white—do not believe in systemic racism. Some of these people also do not believe that slavery was an “institutional evil” or that segregation was necessarily bad.
In effect, they believe in white racial supremacy. This was the core belief system upon which this nation was founded and has influenced its governance throughout its nearly 250-year history. Fortunately, a growing number of officials now recognize that “systemic racism” is not only real but that it was has created far-reaching inequities both inside the criminal justice system and out, just as intended.
Waco Lynching of Jesse Washington
The Jesse Washington case should stand as a historical reminder.
In May 1916, Jesse Washington, a 17-year-old African-American, was snatched up by Waco, Texas law enforcement authorities—if they can properly be called that—for the brutal of Lucy Fryer, the white woman for whom Washington worked. Covered in blood at the time of his arrest, Washington quickly confessed under coercion and duress. Given racial abuses by police during this time, we cannot know whether his confession was accurate.
Texas justice had Washington in a courtroom for trial on May 15, 1916—exactlyone weekafter the Fryer murder occurred. The conviction was swift as 1500 people gathered inside and around the courthouse, and it took the jury just three minutes to convict and impose a sentence of death against Washington.
The Waco residents were not satisfied. They wanted immediate vengeance. Texans at the time believed in their historical “right to lynch” authority. In 1885 alone, nineteen lynch mobs took their so-called racial justice into their own hands, lynching 19 African-Americans. The year before the Fryer murder, lynch mobs in the Lone Star State brutally lynched 32 people, mostly Black men.
Before 17-year-old Washington could be taken to jail, the crowd snatched him from the courtroom, dragged him outside where he was brutally beaten, stabbed, mutilated, and chained. He was then dragged to a nearby tree in front of the city hall where he was burned alive. By then, the crowd had swelled to 15,000, prompting the local mayor to summon the town’s newspaper to capture photos of the horrible incident. Everyone laughed and patted each other on the back while the black teenager screamed in agony. People lined up to be photographed with the charred remains of the 17-year-old, while others cut off his pieces of his body as souvenirs. Some of the photos of the lynching were printed onto post-cards and sent out of state. In fact, people involved in the lynching posed for photos during the lynching, knowing they would never be questioned or charged. No one was ever prosecutor for this vigilante murder, despite photographic evidence of the lynching in progress.
History of Texas Justice
The Jesse Washington lynching became another symbol of Texas justice, a particular type of “justice” perpetrated against Blacks since before the founding of this Country.
From this symbol of justice, “systemic racism” continues and is why justice will never prevail in this Country until the legal system is truly reformed and these historical wrongs are acknowledged and addressed.
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Mr. Floyd took the time to explain his experience with the law to me in layman's terms. Definitely give him a call.Positive
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He explained my case better then any other lawyerPositive
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Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
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I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
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It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
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I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
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John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
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What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
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Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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Great service, very knowledgable and happy to help with any questions I had
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Quick to action and helpful and knowledgeable with entertainment industry based issues!
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Responded on a holiday week. Very knowledgeable and reassuring.
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Very professional
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I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
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The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
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From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
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I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
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These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
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John and Chris are true professionals! Love those guys like family!
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Mr. Floyd and his team are very knowledgeable, informative, and helpful.
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A team you can depend on to stand up and fight for you to prove the truth the whole truth!
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Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
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The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
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I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
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I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
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Extremely helpful!!! Helping me understand the law.
John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization
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