Sen. Barack Obama joined hands with Charlene Drew Jarvis, left, and Howard University President H. Patrick Swygert, during his visit as keynote speaker at convocation today. Photo by Chuck Kennedy/MCT
by Mike Dorning
Democratic presidential candidate Barack Obama promised today to right "glaring inequities" in the U.S. justice system that he said were exposed by local prosecutors' handling of a racially charged fight among high school students in Jena, La.
"We know these inequities are there," Obama said in a speech at the historically black Howard University in Washington, D.C. " We know they’re wrong. And yet they go largely unnoticed."
The Illinois senator has been accused by some black activists, most notably the Rev. Jesse Jackson, of insufficient passion in his response to the Jena 6 incident. Jackson told a South Carolina newspaper that Obama was "acting like he's white" as he criticized Obama for not participating in the protest march in Jena, La. Jackson later said the remark was taken out of context.
Six black high school students in Jena were charged with attempted murder for a fight with white students after white students hung nooses in a schoolyard tree. The students who hung the nooses—which appeared after black students tried to sit under a shade tree that previously had been used only by white students--were not charged with a crime or expelled from school.
With his speech at Howard, Obama turned to the Jena incident as an object lesson to assert broad structural disparities in the way the criminal justice system treats members of minority groups and offered his vision for addressing them.
Obama cited lengthy prison terms for first-time drug offenders and disparate sentences for users of crack versus powder cocaine, both aspects of the criminal code that disproportionately affect members of minority groups.
He suggested that the controversy over Jena demonstrated the disparities of the justice system in much the same way that devastation after Hurrican Katrina illustrated the plight of the poor in America
"It reminds us of the fact that we have a system that locks away too many young, first-time, non-violent offenders for the better part of their lives – a decision that’s made not by a judge in a courtroom, but all too often by politicians in Washington and state capitals across the country," Obama said. "It reminds us that we have certain sentences that are based less on the kind of crime you commit than where you come from or what you look like.
"It reminds us that we have a Justice Department whose idea of prosecuting civil rights violations is trying to rollback affirmative action programs at our college and universities; a Justice Department whose idea of prosecuting voting rights violations is to look for voting fraud in black and Latino communities where voting fraud does not exist."
Obama promised to work to eliminate the disparity in sentencing for crack cocaine users and to change laws to steer more first-time drug offenders to rehabilitation programs rather than prison terms.
He said he would try to improve the quality of public defenders with programs to forgive the law school loans of attorneys who defend low-income defendants, who are disproportionately members of minority groups.
Poor defenses mounted by public defenders frequently have been cited as contributing factors in the wrongful convictions of innocent Death Row inmates that have been overturned in recent years. Obama noted in his speech that the public defender handling the case of one of the Jena Six defendants did not call a single witness for his defense case.
He also said he would reverse the Bush Administration's priorities for the Justice Department's civil rights and voting rights sections and step up prosecutions of hate crimes and efforts to suppress minority voter turnout.





Comments
This is not to say that race problems don't exsist but I think they could have picked a better example than the "jena 6". There is a lot more there than meets the eye.
Posted by: bill r. | September 28, 2007 2:41 PM
Yes, there are some glaring inequities in the justice system. Obama proved that when he stiffed the government on back taxes and parking fines for 17 years.
Posted by: Bruce | September 28, 2007 2:45 PM
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Posted by: Bill Orally | September 28, 2007 2:52 PM
Why hold up the legislative aspects of these proposals until elected president? Obama, you're in the Senate now. Start with Senate bills now, and show us you will fight for some of these things. After all, it's not like these debates just arose with the Jena 6. They've been around for years, as have loan forgiveness programs for lawyers who take public interest jobs.
Given the senator's track record of late, my guess is he'd chicken out on even voting on controversial aspects of his own proposal, much less get out front and push them.
Posted by: Biggdawg | September 28, 2007 2:53 PM
"Democratic presidential candidate Barack Obama promised today to right 'glaring inequities' in the U.S. justice system that he said were exposed by local prosecutors' handling of a racially charged fight among high school students in Jena, Miss."
By waving his magic wand, I presume?
Laws or made on state amd municipal levels, not just federal. Perhaps more importantly, law enforcemnt and prosecution is also local; he can't he effect these as a Senator or president.
Case in point is Jena, Miss. The definitions of assault, battery and attempted murder are standard. Here LOCAL law enforcement and prosecution has been effected by LOCAL biases. What another jurisdiction would have prosecuted as a fight, they have prosecuted (lopsidedly) as attempted murder.
He can't change local and municipal laws, nor HOW they are enforced.
Posted by: Anonymous | September 28, 2007 2:55 PM
http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2007/09/28/notes092807.DTL&feed=rss.mmorford
Posted by: nisleib | September 28, 2007 3:04 PM
Case in point is Jena, Miss. The definitions of assault, battery and attempted murder are standard. Here LOCAL law enforcement and prosecution has been effected by LOCAL biases. What another jurisdiction would have prosecuted as a fight, they have prosecuted (lopsidedly) as attempted murder.
He can't change local and municipal laws, nor HOW they are enforced.
Posted by: Anonymous | September 28, 2007 2:55 PM
Muchacho joven,
si usted se pregunta porqué la gente en su lugar de trabajo le odia y porqué usted no tiene ninguna relaciones significativa en su mirada justa de la vida personal en el espejo usted anormal.
P S - Usted sabe que tengo razón....
Posted by: I am more terse, cynical and less party oriented. | September 28, 2007 3:13 PM
* * * * *
Posted by: Anonymous | September 28, 2007 2:55 PM
I totally agree with everything you just said. There are a lot of things that happen at the State and local level that the federal government simply doesn't have the power to change. The federal government, for instance, has no power to change State laws which are neutral on their face, but which result in “disparity” of sentencing for crack cocaine versus powder cocaine, or which favor prison terms over drug rehab. The power to make those decisions rests within the discretion of the State legislatures in the exercise of their police powers. Unless those laws violate some provision of the U.S. Constitution, the feds are powerless to change them.
In any event, I’m sure that State level politicians would be happy to oblige Mr. Obama him in removing the “disparity” of sentencing between crack versus powder cocaine. Those politicians want to be re-elected too, and one of the most popular ways to do that is to appear “tough on crime.” So, Mr. Obama can expect many of those States, where disparities exist, to pass laws mandating equally onerous punishments for both types of cocaine use, possession, or trafficking.
The more fundamental problem with much of what Mr. Obama was saying is that it is not really the legal system that causes these problems as much as it is the people who operated it or interact with it. If it was simply a defect in the system, one could enact, amend or repeal laws to make the system more fair.
But laws cannot adequately address things like racially animated police detention and arrest practices; or prosecutorial discretion in charging; or jury verdicts; or even the individual discretion of judges in setting bail, ruling on legal issues or sentencing – if any of these acts otherwise fall within the legal bounds of discretion. The law grants a certain amount of discretion – “leeway” as it were – in order for the system to operate fairly. It is, unfortunate, but it is that very same discretion through which latent and patent racial animosity are expressed. If one attempts to legislate away these problems, it would invariably result in taking away that discretion. Taking away that discretion, in turn, would likely result in a system that is too rigid, resulting in even more injustice. There is simply no easy answer to these problems.
The bottom line is that he will need several magic wands to get anything done.
Posted by: John W. | September 28, 2007 4:14 PM
Obama and his fellow African American pols Illinois have been remarkably silent over the years about the disproportionately high number of African Americans in the adult corrections, juvenile corrections, and child welfare systems.
So when they speak out on a national case, they seem rather, well, hypocritical.
This is a problem for all of us who live in Illinois and African Americans certainly don't carry only responsibility for doing something about it. We all have an interest in a fairer society. But African Americans are quick to complain about other issues
affecting them as a group while pretty much ignoring
the problem of racial disproportionality in foster care and jail populations. Yet this is certainly an issue worthy of their time.
Corrections and child welfare bureaucracies are , of course, sources of many high-paying jobs and lush contracts for African Americans and for other groups. Pols love porky bureaucracies and these bureaucracies are porky.
But what a tradeoff in injustice and human misery.
Posted by: Helena | September 28, 2007 4:37 PM
Sounds like Obama is pitching entirely to the black vote. Since Democrats already have 92 percent of it, how much more does he expect to get? And will he ever make an appeal to Americans of European, Asian, Hispanic, American Indian, Middle Eastern and Pacific Island descent as well as African? Maybe he ought to try appealing to Americans without the hyphenations and leave the divisive tactics to Jesse and Al who do it so adversely effective.
Posted by: Jamal | September 28, 2007 4:55 PM
I completely agree that the punishment should be the same whether someone is whit, black, hispanic, or asian, but using this Jena 6 case as an example is rediculous.
When 6 people assault 1 person, that is attempted murder. If it had been 1 person assaulting one person, it would have been assault.
What those white kids did was completely wrong and they SHOULD have been charged with something, but just because they weren't does not justify 6 people repeatedly beating 1 person.
Posted by: John C | September 28, 2007 4:59 PM
Obama is sucking up to the black vote plain and simple.
He saw the ignorant and misguided protesters in Jena and saw an opening to "get activist"....
It's true that the small town of Jena overreacted in the intensity of the charges - but it's NOT true that it was "just a fight"...6 punks beating one guy AFTER HE'S DOWN & UNCONSCIOUS is a LOT more than a simple school fight...
If the roles were reversed there would likely be a "hate crime" charge. AND THAT IS JUST AS PATENTLY UNFAIR.
But Obama doesn't really care about REAL justice. He cares about power, privelege, and the special life of a career politician.
He's a political whore just like 99% of all politicians.
Posted by: JD | September 28, 2007 5:00 PM
Inequities????
Like the inequities the Duke lacrosse players faced by their prosecutor???
Why the double standard?
The same people defending the Jena 6 (Jackson Sharpton) were the same people ready to crucify those Duke boys before they even received a trial.
Race bating TRASH!!!!!
Posted by: datruef | September 28, 2007 5:02 PM
Boo hoo, cry me a freaking river over this "Jena 6" case. This is nothing but a bunch of naggers playing the race card. Al Sharpton and Jesse Jackson are two of the most racist people out there, always crying about the white man being their biggest problem. They're conveniently glossing over a number of points in this case, and that just goes to show how biased they are when it comes to skin color.
Point 1: Claims that Mychal Bell was an honor student with no prior criminal record. Although Bell he had a high grade-point average, he was, in fact, on probation for at least two counts of battery and a count of criminal damage to property. Battery charge number 3 (from this case) pretty much means he's a neer-do-well heading down a road of crime. Black or white skin, 3 battery charges before even reaching adult age means you're a bad egg.
Point 2: The so-called "white tree" at Jena High, often reported to be the domain of only white students, was nothing of the sort, according to teachers and school administrators; students of all races, they say, congregated under it at one time or another.
Point 3: Two nooses — not three — were found dangling from the tree. Beyond being offensive to blacks, the nooses were cut down because black and white students "were playing with them, pulling on them, jump-swinging from them, and putting their heads through them," according to a black teacher who witnessed the scene.
Point 4: There was no connection between the September noose incident and December attack, according to Donald Washington, an attorney for the U.S. Justice Department in western Louisiana, who investigated claims that these events might be race-related hate crimes. Again, this seems to be the most glaring point overlooked. All the protesters would have you believe that the nooses were one side of this case, and then the Jena 6 pummeling the white kid were the flip side - and only their side got the justice system coming after them.
Point 5: The three youths accused of hanging the nooses were not suspended for just three days — they were isolated at an alternative school for about a month, and then given an in-school suspension for two weeks. Al Sharpton and Jesse Jackson repeatedly cried about how these noose hangers got away with a slap on the wrist. I wouldn't call 6 weeks of combined alternative school and in-school suspension anything like a slap on the wrist.
Point 6: The six-member jury that convicted Bell was all white. However, only one in 10 people in LaSalle Parish is African American, and though black residents were selected randomly by computer and summoned for jury selection, none showed up. Seems if the black community in Jena were concerned about the fairness of the criminal justice system, they could follow through with their civic duty to sit on jury duty - and thus have the chance to right injustices through their votes on criminal cases.
My last and BIGGEST point about this case is how Al Sharpton, Jesse Jackson, and the black community at large are essentially pimping Mychal Bell to use him as a civil rights example (and a pretty poor example, at that). All the demonstrating and speeches being made were claiming how the bail was set unnecessarily high. I could see a point if bail was denied, but an achievable amount of cash could have freed Mychal Bell many months ago. All it would have taken would be for Al Sharpton, Jesse Jackson, or other benefactors in the black community to front the $90,000 required that his family could not raise. If 50,000 protesters showed up as claimed, they could have stayed home, donated $2 each, and saved the cost of a bus ticket. But that wasn't to be, because if you're smart you'd see the whole point was for Mychal Bell to remain in prison so that they'd have a cause to demonstrate for.
Seems like a good dose of obfuscation and intentional "whitewashing" (pardon the pun) is taking place in this case, and all in the name of attempting to make a new civil rights movement for young blacks. With hoodlums like Mychal Bell (2 prior assault convictions) I fail to see how this is helping things. The Jena 6 don't need the white man to keep them down - they're doing a good enough job keeping themselves down from the start.
Posted by: Aaron | September 28, 2007 5:35 PM
HILLARY, U.S. SENATOR from N.Y. stated to the BLACK CONGRESSIONAL CAUCUS that:"...all babies born in the UNITED STATES should receive $5000dollars each!!!" HILLARY is obviously unaware there are over 4million babies born in the U.S. each year $5000dollars X 4million=over 4BILLION DOLLARS over your tax monies!!! [Impoverished families around the world are lining-up for this 'free' fee for haing a baby in the U.S. paid for by HILLARY's generosity!!!] The same HILLARY who itemized her used underwears that she donated for a tax deduction - HILLARY the new FASCIST BENITO!!! ALWAYS WITH YOUR MONEY - NEVER HERS OR BUBBA'S!!!
Posted by: Zyskandar A Jaimot | September 28, 2007 5:36 PM
John W
Very well said.
Posted by: Anonymous | September 28, 2007 6:28 PM
John E
I see you've discovered computer generated translation. I guess it's a welcome change from the usual baseless accusations.
Mr Silva, I assume you haven't noticed, but our lovable, droll genius is also using it to post obscenities. See: "Cleaning up after Bush: It was 'childrens do learn'" September 27, 2007 6:53 PM
I don't think we should have to put up with that, do you?
Posted by: Anonymous | September 28, 2007 6:55 PM
"Boo hoo, cry me a freaking river over this "Jena 6" case. This is nothing but a bunch of naggers playing the race card." Aaron
Dare you to use that word to my face you f*#king cowardly idiot!
Posted by: Biggdawg | September 28, 2007 7:27 PM
Sounds like RNC Bruce and his groupies just bought up rope stock for an uptick.
Don't bother moronic chickenhawks. It means whatever you think it means.
Posted by: Doug Zook | September 28, 2007 8:05 PM
Mike- I would rather read about Edwards or Biden. I really don't think Obama is ready for prime time yet, and I think Hillary is already bought and paid for.
Posted by: Vivian | September 28, 2007 9:12 PM
I don't think we should have to put up with that, do you?
Posted by: Anonymous | September 28, 2007 6:55 PM
Hey muchacho de Troll,
usted ha notado siempre que nadie pero usted tiene gusto de usted encendido aquí, en su trabajo o en su vida privada?
¡Consiga perdido!
Posted by: Anonymous | September 28, 2007 11:17 PM
I don't think we should have to put up with that, do you?
Posted by: Anonymous | September 28, 2007 6:55 PM
Hey muchacho de Troll,
usted ha notado siempre que nadie pero usted tiene gusto de usted encendido aquí, en su trabajo o en su vida privada?
¡Consiga perdido!
Posted by: Anonymous | September 28, 2007 11:19 PM
Thanks for this article because it goes to show that Senator Obama’s support from and outreach to people and particularly people of coulor may be currently under-estimated. What I suspect that there the supporters of Obama are very dedicated and truly love their candidate – it is not token support. That is why I believe that there may be a huge surprise waiting in the wings when the results start coming from the individual states this primary season. I urge the reporters to examine what is actually going on beyond conventional wisdom and use your research in creative ways to write a column on all the campaigns attributes that may not be reported – new voter involvement and new tools employed by each campaign. To date, the polls do not reflect the true picture on the ground since they seem to examine democratic voters – why not all new voters and others who are switching parties to support Senator Obama? My perception is that some in the main Stream Media, appear to be manipulating the general public to think in conventional way. Clearly, this campaign is not the conventional campaign in terms of timing, grassroot organization, collecting contributions, and has involved many first time voters. Why should we take the Conventional polls for granted? I doubt that any body relying on past campaigns for predictions is way off the mark. Please separate your self from the usual Washington group-thinking. I think that the 24,000 people in New York City this week are the main reason that President Bill Clinton is trying to attack Senator Obama on experience – their campaign is trying to create inevitability but they are clearly scared. He probably knows that how reports way before the election can be wrong in predicting the eventual nominee, after all he is the Come-back Kid. What about writing off Senator McCain a few months ago? I know that each one has one vote and that no election is won until the votes are cast and a months in politics are a clearly a life time away. I believe that when the dust settles on this campaign, many will be asking why the missed the Story of ne 2008 Surprise Come-back Kid!
Posted by: globalcitizenlinda | September 29, 2007 11:30 AM
We should take the Senate approach offered by Biden. Three way segregation. Sorry that was for Iraq where only their religion is different.
Posted by: whatnow | September 29, 2007 12:49 PM