"Troy Davis and the History of Injustice in America"

Troy Davis and the History of Injustice in America

E.D. Kain
September 20, 2011


The history of justice in America is pocked with such deep institutional injustices that time and again we make a mockery of the word. From slavery to the War on Drugs, the powerful have trampled time and again on the weak.

Law and order masquerade as justice, and our prisons fill to the brim with young men, mostly black and Hispanic, mostly poor. Meanwhile, inner cities lie like sunken ruins across the wealthiest nation in the history of civilization, stomped upon by drug warriors and poverty and violence.

And though we accept the limitations of our government and of the good judgment of our leaders, we nevertheless believe in the infallibility of this system we call justice, but which is not justice, to hand down the most final sort of judgment a man could ever know.

Troy Davis, convicted over two decades ago of killing an off-duty cop, though much doubt has been cast upon his guilt and the methods which police and prosecutors used to secure his conviction, will be executed by the state of Georgia tomorrow. The Georgia Board of Pardons and Paroles has denied him clemency, and there are no other avenues left to save him.

In the end, I am not concerned so much with whether or not Davis is guilty or innocent. I am concerned with the uncertainty of his guilt. “I’m not for blood. I’m for justice,” said the mother of the slain police officer. But we extract one or the other, not both. In a case where the blood may be that of an innocent, how can we call it justice?

Death is tragic. The death of Mark MacPhail is a tragedy that will never be undone. Not by blood, not by prison bars, not by time, not by proof that Davis is guilty or proof that he is innocent. But if we have even a glimmer of doubt about his guilt, there will be no justice in his death. If we have even a hint of uncertainty over whether this man did the deeds he was accused of, but which most of his accusers have since recanted, we should stay his execution.

But the history of justice in America is scarred across by such tragedies.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Truancy System Needs Monitoring

Rhode Island Truancy

Violators of truancy laws in RI fall under the title, "status offenders," because although their actions may be considered disrespectful, disruptive, or non-conformist, they are also patently non-violent, and non-criminal in nature.

The Rhode Island Family Court Magistrates who have sent over 28 minor children to the state's training facility in the past 5 years however, justify their actions with complaints of disrespectful behavior in their courts.

The fact that these children are being forced to spend one, at times two nights in the state juvenile training school with teenagers who are incarcerated for much more serious, criminal offenses. They are subjected to the same intake treatment as their criminally charged cell mates, of strip searches, blood and urine testing, and wear prison uniforms. The practice has not gone unnoticed by law-makers.

The law in RI states that no child will be held at the Training School for a status offense. The law is being circumvented by holding the children in criminal contempt of court; thereby making their trip to the juvenile facility "legal."

Because very few children have access to an attorney for truancy hearings, and the records are closed to the public, very little information is discovered while the process is taking place.

The full article discussing the provisions of the Juvenile Justice and Delinquency Prevention Act, as well as RI Public Defender Hardiman's comments can be read HERE


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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.