Tuesday, April 8, 2014

CONVICTED FOR A CRIME I DID NOT COMMIT © 2014 by Wayne Dan Lewis, Sr.


A Perspective on America's Criminal Justice System and

It’s Incarceration of the Innocent[1]

1.       This post is based on information gathered from the Innocence Project[2].  The Innocence Project was begun by Attorneys, Barry Scheck[3] and Peter Neufeld[4] in 1992, at the Benjamin Cordoza School of Law.[5]  Through its efforts, approximately 314 men and women have been released from various prison facilities.  Most of those who have been released have been as a result of exoneration by DNA.[6]  There are more statistics, but those statistics seem to fall far short in the area of pointing out that our Criminal Justice System has a tremendous problem, and that is, that it focuses more on incarceration and less on rehabilitation, and to that end, has become a system of suppression, not justice.  What can be done about it?

 

2.       NOTHING!

 

3.       Nothing! Because, as long as American citizens, we are content to believe that our Criminal Justice System, with all of its flaws, is still the best there is. 

 

4.       Nothing! Because the majority of those who fall victim to the so-called justice system aren’t perceived to be of value, that if they happen to fall victim to America’s justice system, that in the long run, it fairs out.  Why? Because maybe the perception is that we have fewer that never made it to prison who are guilty, who are roaming around free.  Yes, it all fairs out well.

 

5.       Nothing!  That is the context of our response to a system that imprisons more people in a country that purports to be about freedom than any other country we know, particularly in our Western- dare I say it- Civilization.  Well, maybe our freedom should have an asterisk behind it, because the few people who have managed to get free from behind America’s jails and prisons can attest to the fact that their freedoms and rights were violated, and that their freedoms and rights were undermined.

 

6.       Nothing!  That would appear to be the best alternative to revising America’s prison system, because justice does not appear to live here anymore, if it’s main objective is to imprison, at all costs or, regardless of the cost.

 

7.       ALTERNATIVES-We can suggest alternatives to imprisoning people, but we have to at least correct the current wrongs.  We have to also acknowledge the wrongs.  We have people, in America, who are American citizens, who but for the fact that they were in the wrong place at the wrong time in their lives, find themselves in our jails and prisons.  And unfortunately, DNA fingerprinting may not clear them.  Many of those who are unquestionably innocent, lack the funds, or connections necessary for someone to not only open their cell doors, but to even look at their cases.  Why?

 

8.       Because, we have a Criminal Justice System that has placed so high a price on justice, that one would appear to be guilty simply because of one’s economic status, in America.   

 

9.       But let us not bash the American Criminal Justice system, we are here to make suggestions.  We have to make suggestions. We have to make it known, that our system of Criminal Justice is in a state of flux.  And that despite the presumption that there maybe an insignificant number of men and women behind bars who are presumably innocent,  that that number could only have grown in the growth of our country over 200 years.  Why?

 

10.   Because we are not quick to point out America’s flaws.  We are slow to point out her flaws, and quick to condemn anyone who dares to say that America is imperfect.  Almost to the point, if not directly to the point, as to accuse anyone who dares to call America out for any form of injustice, as treasonous.  I dare to disagree, and point to America’s own birth as a reason to look at how she has grown.  America has grown because she wanted to be a just nation, in contrast to her ancestral beginnings, out of Great Britain.[7]

 

11.   America, cannot continue to conduct herself without regard to her citizens, even the least among them, as though justice is only reserved for the rich, the elite, or the well –connected.  America cannot expect to continue to go on with business as usual.  She has to commit to being a just nation lest she would fall weak to indifference and elitism.  America is a better country than that!

 

12.   America cannot continue to point the finger of inhumanity at her counter-parts of China, [8]North Korea,[9] Cuba,[10] or Russia,[11].  America can only for so long, turn a blind eye to her own short comings, while holding the world at large accountable for their actions.   And all because, America places a price on freedom as though it were oil from the sands of Kuwait, or Iraq, subject to increase on the verge of any disagreement, but unlikely to decrease when tempers are at rest.

 

13.   WHAT ARE WE GOING TO DO?  Well, what would we like to do?  What are our options?  I am sure that we would like to free all of the innocent people who have been locked up in our jails and prisons.  But, there are those who would contend that that would cause more problems than it would solve.   Their contention would be that we would have people who are impacted by the system acting like the criminals that the system has made them out to be.  What other options do we have?

 

14.   The first thing to conclude is that we have options.  That we have options to free innocent people on one hand, and to stop imprisoning innocent people on the other.  Can both be done simultaneously?  Of course!  We are America!  We can do anything, we want to.  The proof is in the fact that we have locked up innocent people for crimes that they haven’t committed.  But, on the other hand, who are we, if not Americans, if we can’t set them free?

 

15.   Our options begin and stop with the Criminal Justice System.   From its concept of over 200 years ago, here in America, was it not for our Criminal Justice System to operate under the auspices of allowing one guilty to go free rather than imprison one thousand of those who could be innocent of a crime? Or was that just an attempt at mapping out a system whose overall intent was to ensure justice would not come to bear in America.  And what about justice?

 

16.   IS THE IDEA OF JUSTICE A MOVING TARGET?  And has that target, justice, by its elusiveness, become so hard to narrow down, that rather than improve on the Criminal Justice System, as Americans, we are content to have in name only, a system that falls far short of ever achieving its goals?  And what about justice?

 

17.   Is justice only defined by race?  That when a person of color is merely accused, that justice is served?  That when a person is indicted, tried, and released, that justice failed.  That when, all too often, a person of color has been tried and convicted, served his/her time, that the conviction will continue to serve as an extension of justice throughout his/her life, even as they walk freely on the streets of America.  And what about justice?

 

18.   IS JUSTICE ONLY DEFINED BY ECONOMICS?  That when a person of meager means is forced to become a casualty of the system, through detainment, arrests, indictments, or trial, that the system exercises its greatest power of all, by burying the poor below its powerful financial paw.  That the Criminal Justice System, with its seemingly endless budget, can spare no expense in imprisoning the weakest among us, but can find not one dollar ($1.00) to change its system of unfairness.  Never mind the undue burden that crushes the poor, or those of color, instead, we are concerned about the undue burden that may befall the Criminal Justice system.  What are our options?

 

19.   Our options are few, but powerful, if we choose to exercise them.  Our options are limited, but important.  Our options, however, if initiated today, will take beyond our life-time to have an impact.  So, if we expect to see a change within 10 or 20 years, you can just forget about it right now.  But, if you think that it is worth it, you can start today.  How?

 

20.   One phone call to a legislator, congressman or senator; one email to the same; one letter to the same, one conversation with someone whom you know can make a difference;  one text message to a friend;  or one blog post to those whom you know share your passion and concern for justice.  Now, imagine if 10, 100, 1000, or 1,000,000 people did that today, and each day for the next 20 years.  Is it possible that the wheels of justice could be reversed, or grind to a halt to look at how our Criminal Justice System gets wrong, when innocent people are convicted for a crime that they didn’t commit? 

 

21.   Is it possible that one letter, text, or conversation that one of us made, save one life from ruin because they were too poor to fight a powerful system that has an unlimited budget to crush them?  Is it possible that one person among us, who would lend their name to fight a cause greater than themselves, would ask that the Criminal Justice System of the United States of America, would re-evaluate how, on its best day, it works to imprison people because of the color of their skin, and then, because of that imprisonment, but not because of their guilt, consider justice to be served?  Who among us, one time only, will take it upon themselves to take on a system that has reached its peak with respect to true justice, that has defined justice not by right or wrong, but by the contradiction of its very name?  Justice!

 

22.   Who among us, will be that one, who will say to our American Criminal Justice system, that true justice is a bar too high, and that we will settle for the statistically few innocent lives that fall between the cracks in an effort to imprison the presumably thousands of suspected guilty who are deserving to be imprisoned, if not killed, in the name of justice?

 

23.   And better yet, who, within the Criminal Justice System, of America, will stand up and say:  “Let us stop this madness!”? Who, as defense lawyers; prosecutors; judges; juries; police officers; law-makers; council representatives; mayors, sheriffs; deputies and citizens will take part in taking freedom from American citizens, who but for the fact that they are poor, were in the wrong place at the wrong time, are caught up in a system that implies that:  getting it right is not the order of the day”.  That: “If you want justice, you have to pay for it!”  That:  “If you can’t pay for justice in America, you are guilty!”

 

24.   IN CONCLUSION:  The Innocence Project, a noble program that it is, with whatever monies that it is able to pull together from whatever sources will not be the end-all answer to freeing innocent men and women who are locked up in America’s jails and prisons.  Their purpose, as best that I can tell is single-fold:  to exonerate those who have been convicted through the use of DNA testing.    The Innocence Project, while not necessarily a lone-wolf in the pursuit of undoing injustice in America, is just a snapshot of the need to address untold injustices exacted by America’s Criminal Justice System.   There are untold men and women who have been locked up in our prisons, and the need to get it right, is not at the top of the agenda of many of our political leaders.

 

25.   We know that our political leaders risk the image of being “too soft on crime”, or “a bleeding heart liberal” if they challenging a system determined to be set in its ways of injustice.  An image many of our leaders cannot afford to earn if they wish to remain politically viable, and continue to progress in the world of politics.  But imagine how great it would be, if any one of or group of our political leaders would risk standing up for a cause greater than themselves, whereby, those who would benefit from their efforts have yet to know that their names are rising on the list of those soon to be released from America’s jails and prisons.

 

26.   Imagine, if you will, a political leader, whose greatest achievement is to take on the Criminal Justice System and all who hold it so dear.  A system who has acquiesced to the contentment, that getting it right is a bar too high to achieve, and that if, for whatever reason, a few thousand innocent people are the victims of our American Criminal (In)Justice System,  then so be it.  Imagine that leader’s legacy, that he/she fought for those who could not vote, nor defend themselves against such a system that worked to suppress rather than provide justice as promised by the Constitution of the United States of America. That that leader believed enough in the mission of the Criminal Justice system to work to make it right, in America.

 

27.   Unfortunately, we cannot at this moment, point to such a leader.  So, the injustices in America’s Criminal Justice System continue, for now.  But I hope that each one of us will feel compelled to write that one letter; send that one text; send that one email; call that one law-maker; write that one blog, or call that one political leader, knowing that we are one of the millions who took on a cause bigger than ourselves, as opposed to, one in a million, who thought the cause was too set in stone to change, waged too deep to uproot, or, not worth the cost to make it right.

 

 

Disclaimer:  All information is deemed to be from reliable sources but not guaranteed.  No information should be considered as legal counseling or any other any other relationship not so designated as of this posting.   The Coveted Commandment Blog and The Coveted Commandment are copyrighted by Wayne Dan Lewis, Sr. © 2014.



[2] The Innocence Project- http://www.innocenceproject.org/
[7] Great Britain- The War of 1812 (Great Britain and America)- http://en.wikipedia.org/wiki/War_of_1812

Wednesday, April 2, 2014

HIV/AIDS , BHR © 2014 by Wayne Dan Lewis, Sr


Pitting the cure of AIDS Against the Return of Christ,
in the State of Louisiana

 

 

  1. Five Questions Regarding HIV/AIDS
    1. What is it?  Human Immunodeficiency Virus- Virus known to cause AIDS (Acquired Immunity Deficiency Syndrome)- It affects the body’s ability to fight off infections and cancer; [2]
    2. How do you contract? Contracted through unprotected sex or needle-sharing; [3]
    3. What are the symptoms? Headaches, fever, rash (that doesn’t itch), diarrhea, nausea and vomiting, to name a few symptoms[4]
    4. What is/are the treatments? (See your doctor)
    5. Is there a cure? There has been no proven cure for HIV/AIDS. [5]
    6. How much does it cost Federally? [6]
      1. FY 2011 $ 20,548,000
      2. FY 2012 $ 21,365,000
      3. FY 2014 $ 23,211,000 (Requested by President Obama)
    7. How much does it cost in Louisiana?
      1. In Louisiana, hundreds of HIV/AIDS patients are being thrown out of State’s largest Insurance Provider [7]
      2. Louisiana refuses Medicaid expansion and health care reform[8]
         
  2. Here in the State of Louisiana- The issue regarding HIV/AIDS has more to do with what we don’t know, versus what we do know.  What we don’t know is how, in our State of Louisiana, those who suffer from this debilitating and terminal disease are receiving medical care?  Why in the State of Louisiana?  Because, it is our governor, Bobby Jindal, who has refused, on behalf of those in need of medical care, Medicaid monies from the federal government.  What is the connection?  I’ll explain shortly.  Additionally, what is BHR and why is it mentioned here?  In brief, it has to do with the Christian Conservative view of people who are poor, and who, if they do not have the means to take care of themselves, i.e. insurance, that they are not worth providing care for, in a nutshell.  I’ll go into detail shortly.
  3. Why this Topic?   I have selected this topic of HIV/AIDS because it represents a group of citizens, particularly here in the State of Louisiana, who may also represent the many of our citizens across the United States and the world.  Perceptually, if one has HIV/AIDS, it is not at the height of concern when it comes to providing healthcare dollars, the same as those who are perceived to be poor.  The poor, and those who have this disease could very well be one in the same, but not necessarily.  Here is why:
  4. Poor? The term poor, as we have all been lead to believe, is someone who has no money.  But , as we have all learned, and if we will study, we will find that there are many who have money, but that money, when prioritized for the family, only goes so far.  Even if a family earns $50,000, in a given set of circumstances, their particular situation may still put them in a category that limits them from living a comfortable and productive life.  Yes, they maybe poor, but they are the working poor, and they are a growing number in America.
  5. Conversely, those who may have the HIV/AIDS virus may not all be poor either, initially at least.  Many of those who may have contracted the virus may have been anywhere from dirt poor to mega-star rich, until, or unless the treatment for their illness bankrupted them. Or, as in the case of Basketball Superstar, Magic Johnson,[9] who has survived 20 years or better with the disease, he has the financial means to address, and where possible, sustain him against the tragedy that is the HIV/AIDS virus.
  6. So, as we can see, the absolute perception of having HIV/AIDS,  and being poor aren’t necessarily one in the same.  But, if you are living in the State of Louisiana, under our Christian Conservative[10] banner, you are perceived and treated as though these two terms are mutually inclusive of each other.  Correct me if I am wrong.  Now what?
  7. In Keeping with previous Coveted Commandment Blog Posts- The purpose of these pieces is to always have a solution.  We know what we know about contracting, containing, and the various statistics that are easily accessible on the internet.  But what we don’t know is, whether or not there are trials afoot to prevent the cure of this dreadful disease.  What we don’t know, but could speculate, is that this disease does not compare to Breast Cancer, Heart Disease, Prostrate Cancer, Colon Cancer, or Muscular Dystrophy to name a few.  We know there are lesser known diseases that have their own foundations that receive monies to help those who are stricken in some life-altering way.  But what we don’t know is, why this disease, or any other disease is determined to be of lesser value when effects a significant number of people, throughout the State of Louisiana, throughout the United States, and throughout the world.  And, if we found out what that answer is, will it result in a faster means of securing a cure?  Not necessarily.
  8. What Don’t We Know?  What we don’t know about  our state, Louisiana, is whether or not she is playing a world-wide role in keeping men and women from receiving not only medical care for not only this debilitating disease, but for any other diseases.  For example, Heart Disease, [11] Breast Cancer,[12] MS,[13] Prostrate Cancer[14] or Colon Cancer[15] and a host of other serious illnesses.  How are these decisions made, and who are the powerful people in the board rooms of either our medical facilities, pharmaceutical corporations, or non-profit groups, or political groups, if at all applicable, who decide not to direct funds in a given direction?  No answer will be provided here, and to pursue that answer would take further from providing the most important answer of all:  how do we provide financial coverage for those in need of assistance?
  9. Are we playing God?  It is important that I propose this question here.  Perhaps not the right place, or the right question, but I find that this question comes up a lot when it comes to deciding who lives, and who dies.  I find it noticeable that we have to ask this question because whenever the answer is best presented, it all comes down to who has value?  It seems to always come down to who can afford what is on the table in order to receive care?  And when that answer is finally put in total retrospect, it comes down to money.  God has nothing to do with it.  It honestly comes down to money, even in our so-called Christian Conservative State, that seems to conveniently use God and/or religion as did Moses did his Staff over the Red Sea.  Money.  That’s what’s it is, and will continue to be.  Thus, The Coveted Commandment:  Thou Shalt Build Wealth.
  10. So, will HIV/AIDS be cured for all?  Not if money is the determining factor.  The same can be said for even the most important of our illnesses, i.e. Heart Disease, Cancer, Breast Cancer, etc.  By no means, I hope that no one is ever cured of any disease.  But if we are basing it on what has been the driving force to date, money is the engine that motivates us to believe that a cure is close at hand.  By the same token, money is seems to be sufficient to fund the cause more than the cure.  Condemn me at will.
  11. Should we stop praying?  Not at all.  If you know like I know, prayers cures everything.  Truth be told, I don’t think that there aren’t many doctors, nurses and other medical professionals, who, with all of their know-how don’t fall back on prayer to steady their hands, to increase their knowledge, or to save a patient, because they, as the medical professional s that they are, will have done all that they could do.  I think that many of our medical professionals whisper a quiet prayer or two, and conclude:  “That it is all in God’s hands now”.
  12. Prayer over Money?-  Perhaps, and this is a shot in the dark, we are not praying enough.  Perhaps, we are depending too much on the money to cure HIV/AIDS, Breast Cancer, Prostrate Cancer, or any other disease.  I am no more likely than anyone else to speak to the power of prayer, but it may very well work, that if we step up our prayers, over and above the promised cures from every group that raises monies but have yet to deliver a known cure, we may see an improvement in our conditions (Send your cards and letters at will).  This is not to say, don’t listen to your doctors, or stop taking your medications.  But, what if money was not the reason you were cured?  What if your prayers were answered for every disease that every organization was fighting to raise money for, and in the end, you didn’t need them?  What would happen to that money?  What would happen to you?   Yes, you would be cured, and the organizations would take credit, and the state of Louisiana would take credit, in whatever sick way it does.  But you, you would have to give credit to none other than one thing:  you prayed.
  13. Did I Just Rattle Off?  I know I went off on a tangent there, but I mentioned prayer because, if for no other reason, we are in  the state of Louisiana. Which like so many other states like it, has leanings towards a Christian Conservative State.  This perception of having Christian values, despite the fact that it will leave its citizens without health care, on an emergency room floor if not governmentally required, dying of a heart attack, or Louisiana will turn the mentally ill over to a contractual agency because it saves money, rather than provide reasonable care to those in need.  What does this mean to us, as citizens, who witness this type of government?  It leaves us to challenge ourselves.  To not be apart of, nor condone a government that puts the least of its citizens in so dire a need, that it would refuse money to help them. [16]  Our challenge, should we decide to accept it,  is simple.  We decide to take our governmental leaders on, and convince them that time is of the essence.  That if our leaders want to play the Christian Conservative card, that they prepare themselves in preparation for the return of Christ.  If they are going to use Christ as their sword and shield to deny those in need, then prove themselves worthy of your votes, and support.   Thus:  BHR, Before His Return.
  14. Where do we start?  Our governmental leaders can begin with the least among us:  The poor; those with HIV/AIDS; those without health insurance; those without homes or food to eat; those without jobs, and those who need mental health assistance. 
  15. When do we start? Now!  We can resolve this very day, April 1, 2014, to look within the legislature to loosen the purse strings to provide help to those in need.  We can call the governor’s office.  We can call on our governor to call President Barack Obama to notify him that he will accept the millions of dollars that will put patients in hospital beds, nursing homes, and/or treatment facilities, so that they begin to receive the kind of care that anyone person is most deserving, simply because they are human, not because they are rich.
  16. BHR-It is a challenge that we, as citizens should be willing to issue to our government, because somewhere I read that this is a government of the people, by the people, and for the people, and we are people, and so are they who are in need.  It is a challenge, that if we believe in the power of the people, we need to make haste our notice because of our supposed Christian values, that to the best of my knowledge, does not, at the very least, discriminate against the least among us.  Time is of the essence, and we need to be quick about this simple task and see to its completion, Before His Return. 

  1. Disclaimer:  Information provided here is deemed to be from reliable sources.  No information provided here should be considered as legal, clerical or financial information.  Please consult with your respective professional for related advice.
  2. The Coveted Commandment Blog and The Coveted Commandment are both copyrights of Wayne Dan Lewis, Sr. 2014.



[2] What is HIV/AIDS? www.webmd.com-
[3] How do you contract HIV/AIDS? www.webmd.com-
[4] What are the symptoms of HIV/AIDS? www.webmd.com-
[5] Is there a cure for AIDS?-  www.sfaf.org
[6] How much does it cost to treat HIV/AIDS in Federal dollars? www.aids.gov/federal-resources
[8] Newman, Laura Oct, 2013, Uneven Rollout of Medicaid Expansion Leaves HIV,,AIDS Patients in Limbo, http://america.aljazeera.com/articles/2013/9/10/uneven-rollout-ofmedicaidexpansionleaveshivaidspatientsinlimbo.html
[9] Hadhazy, Adam. Live Science.  Nov. 2011. How has Magic Johnson Survived 20 years with HIV? http://www.livescience.com/16909-magic-johnson-hiv-aids-anniversary.html
[10] Christian Conservative- http://www.jstor.org/stable/2149992
 
[14] Prostrate Cancer- http://www.cancer.gov