There’s No Justice In The Law

by Lord Serious

Justice cannot be arrested by law. Justice cannot be confined to any statute. Whenever lawmakers attempt to codify justice, justice ceases to exist. The framers thought they captured it in the constitution, but that is no justice. That is only the imitation of justice. The narrow scope of the law is only a cheap replica of what lawmakers think justice should be. Do these man made laws truly serve the greater good? If so, then why do these public safety policies result in disparate treatment that makes disadvantage groups feel unsafe? When the law being implemented in the interest of justice serves only special interest; these laws aren’t just, they’re just the law.

Justice is an art, the law is a science. One is abstract and infinite while the other concrete and finite. It is justice that established the four seasons and equally divided time between day and night. It is the law that caused global warming and decides daylight savings time. The law’s limitation is that it can only impose penalties. But justice is boundless in its ability to grant rewards. The nature of law is to discriminate. But justice will befriend an enemy, because it’s nature is to be indiscriminate. The law can be used to condemn and incriminate the innocent. Justice has fulfilled its purpose when it redeems and liberates the guilty.

The criminal justice system is a system of laws governing institutions to punish those who have violated the law. This system is so structured that it has an inherent bias towards the social conditions of the impoverished. Those who are being marginalized and excluded from mainstream society are disproportionately underemployed. They disproportionately suffer from mental health issues. Furthermore, their environmental conditions disproportionately exposes them to traumatic experiences within their homes and in their community.

As a direct result of these conditions, a major disparity exists between which socioeconomic class receives heavy scrutiny under the law and which receives a slap on the wrist. There are disparities in how the law penalizes the white collar and corporate crimes predominantly committed by the upper class. Versus how the law punishes the property crime, substance abuse, and violent crimes that are caused by poverty. Justice will always correct imbalance wherever it may exist. But the laws inhibit justice, because they are what cause the imbalances within this society to increase: the wage gap, the shrinking middle class, the opioid crisis. All of these social conditions are symptoms of the larger class conflict. These are the effects caused by laws that reflect the predatory behavior of the capitalist elite.

It is the law that permits the capitalist elite to cause an economic crisis that disproportionately harms middle class and lower class Americans. Increasing layoffs and unemployment nationwide. It is the law that provides government bailouts to the wealthy, but provides no relief to the member of the middle class facing foreclosure. It is the law that allows the institutional investor to buy these single family homes for pennies on the dollar and gentrify impoverished neighborhoods. Then put these properties back on the rental market and raise rent on the underprivileged. It is the law that permits the increase of evictions and then passes new laws to ban homeless encampments.

For this system to be just, it must stop punishing its citizens for being victimized by the very social conditions the laws create. Until lawmakers see those of us on the bottom of the social hierarchy, the laws will continue to protect the capital interest of their donors and special interest groups. Until legislators open their eyes to the social disorder being caused by the predatory behavior of the upper class, the law will continue to be wielded as a weapon to criminalize every member of the American underclass who accepts defeat. The law imposes retribution and it demands deterrence, but justice repairs harm and it restores balance. Laws penalizing those responsible for structuring this society in a way that causes the conditions influencing criminal behavior do not exist and they never will. These conditions are only allowed to exist, because there is no justice in the law.

P.E.A.C.E
Proper Education Always Corrects Error

Lord Serious Hakim Allah

(aka James Boughton # 1404741)

Lawrenceville Correctional Center

Of Law and Justice

Idealistically, law is suppose to be the vessel of justice, and in the more chaotic times of our antiquity there was a much clearer path to that interpretation.

As time has accrued, law has taken on a more sophisticated form in modern day society. It now serves as a mere balancing sheet for lawmakers to differentiate the cost of the quality of human life versus economical wealth. From such a vantage point, law and justice lie on opposite sides of a gap that is trending a wider course as distrust in the government grows more rampant.

The mold that is justice used to shape the law is ornamented in such a way that it has become almost indiscernible. The common American is overwhelmed with the law’s immense frame of reference that has come to exceed far beyond the general welfare of its citizens. In our capitalist society, the average citizen has no time (thus no money) enough to give to the task of deciphering the justice in law today.

Plus, for too many people take for granted the influence environment has over their innate sense of justice. It takes virtually no effort to feel and a relatively great deal more effort to analyze. This dynamic form the basis for the average Americans susceptibility to being told what justice is. As of a consequence of this dynamic, they are led further away from how justice feels. This product is the cornerstone of the demagogue politician’s playbook.

The irony of former President Trump and his allies to proclaim that the justice system is being “weaponized” against the former President speaks volumes to the malleability of our understanding what the American justice system is. Yet, it brings forth this unsightly truth about our justice system– that is can and HAS been used as a weapon time and time again. This devious application of justice system is not particular to America nor is it particular to this era in time. Justice systems have been utilized since the times of antiquity in order to dispatch unsavory people who may potentially pose a threat to an establishment’s order– as did the Romans use the justice system to incarcerate Jesus.

Understand, I am NOT relating Trump to Jesus! I deem Trump’s situation to be ironic because it was his blatant abuse of power that allowed me to see the stark contrast between law and justice. Now, as he stands convicted of 34 felonies (in a state court outside of the pardoning power of a sitting president), he now wants to direct the public’s attention to the weapon-ready capabilities of the justice system. So far after this same system has wrongfully claimed the lives of countless, unprivileged, disadvantaged people. All under the guise of justice.

As it stands now, a person can be found not guilty of a charge they stand accused of, yet, be serving a life sentence for it. How can this be? Certainly, this is NOT justice, but it is the LAW. (reference Waverley VA case, man wrongfully accused of killing a police officer, found not guilty but serving life).

This is not an undressing of a completely corrupt system, overtly debased and unsalvageable. In our overly sophisticated society, there has been great work on part of noble lawmakers who still seek to reflect justice in their policymaking. Still, they are trying to re-right a ship that has been off course for far more than 200 years. All this, in addition to being up against a monumental force that refuses to die out quietly.

Regardless of this, they press on. This is cause justice is not a mere thing subjected to the laws of entropy– it cannot and will not die. It is a spirit that eternally lives within the heart of the human soul. Those of us who will not cower to the inner corners of ourselves, writhed with fear and desperation, will be its vessel. Those ones will serve as a torch, burning bright, the light of justice.

In the words of the famous Black psychologist, Bobby E. Wright

“A luta continua– lisima tush inde mbilshaka”
(The struggle must continue– and we will conquer without a doubt)

Love, peace, and power
Q.

THE LAST CRIME, A Poem by Alexander Cameron

Be the first person to commit the last crime,
While in the midst of making a honest dime – and –
Don’t sweat the thought’s that visit you from the sidelines – but –
rather sweat the troubling thought’s of doing hard time -and-
don’t get caught up in evils glitter games and scheme’s,
simply because your friends played the game for a nice ride and some serious bling .
So, as jealousy and envy pervades your thoughts,
Hold true to your integrity, because real man can’t be brought.
Therefore, as you stay strong and squeaky clean,
You’ll never have to witness Ms Karma, lay waste to your precious dreams.
So, as wisdom continue to teach: wrong can never be right,
the truth always take back what’s hers no matter how vicious the fight.
So, as you continue to learn from the failure’s of your missing friends,
Remember, it was that flash in the pan that introduced them to their end.
So, keep that smile on your face as you make it through your Teens and in – Betweens.
as you understand it was your Mother’s love that protected your dream’s.
So, relax a little in the lap of knowing your future will be just fine -but-
Always remember you made it through because you were the first person to commit the last crime.

Alexander Cameron

I JUST NEED ONE VOTE… BY: Yusef Hasan Sykes SR.

BY: YUSEF HASAN SYKES SR.
FACILITY: RIVER NORTH

I see the aging in the faces of the men housed in these facilities with lengthy sentences.
Their pain I’ve felt and when I looked around after Parole, Second Look and the age change for Geriatric failed, I saw the face of defeat.
Three well-needed bills that left violent offense offenders asking theirselves, “When will the lawmakers pass a bill that will benefit me?”

Dear Mr. or Mrs. Vote that matters,
Its been 28 years since the abolishment of Parole and still they say No to Parole, leaving the offenders under the new law, without a way to be considered for release.
I ask?
I wonder….
Are they aware that a high percentage of us have proven through our change in behavior and accomplishments over the decades spent incarcerated, that we’ve changed?
Did they not hear about or see how successful the turnout was when our loved ones showed up in support of Second Look, that would of gave thousands that chance to give the courts/judges the ability to reconsider sentences that may have been harsh or in matters where one has changed and shown a great propensity for rehabilitation.
Again, are they aware that we’ve changed?

Did they not hear about the benefit Second Look would be to those with violent offenses if they would have given it a chance?

Its time for a change, to Vote Blue and for those seats that need to be filled by those who believe in Second Chances such as, Suhas Subraman, Monty Mason, Russet Perry, Joel Griffin, Clint Jenkins, Saddam Salim, Jessica Anderson, Susanna Gibson, Phil Hernandez and Trish White – Boyd to name a few.

It’s on us to inform our loved ones of the importance in voting and who they are voting for and its on our loved ones to be those votes for the ones ineligible to vote.
Dear Mr. or Mrs. Vote that matters…

“Stress is What We Wake Up To.”

Stress is what we wake up to, walk with, and lay down with… It’s in our phone calls, our visits, and our mail… Its in our food, prices at the already high commissary, and a holiday package that costs more than you can afford! Its all around us, and how do we escape it?? We don’t… We have learned over time that people like “Youngkin,” do things for the political aspect of it.

Think back 30 years to when Governor Allen had Virginia… The scare tactic he ran off of and the way the system went down…. Youngkin is running in his shadows trying to gain a foothold in the political landscape off of our backs as past politician’s have done also. So for me, I try to live with it. When it gets to the point I think its winning, I stop everything and take a step back… So I embrace it, and at times I may need something to help me get up or go to sleep, but after 30+ years with no breaks and a lot of dreams, I think embracing it works better than fighting with it.

People, I’ve lost almost all of my family… I’m at the hands of the system and whatever it chooses to do… But I keep pushing for change!! Mental health in the system is not up to what society thinks it is in here. Think about it, the man at Marion who was killed last February 2022, by those COs who kicked him and one hour later they found him dead… That wasn’t the first time it happened. The medical staff at Smith County Hospital didn’t report the first incident in 2018 to the police, so they got by with it… Now they may never be prosecuted for killing a man with the brain of an eight year old child!!!

Mental health isn’t no where near were it should be in here… I’ve seen people who have actually lost it and because they are put into regular pods instead of mental health treatment centers, they usually get assaulted…

We need people who are committed to making big changes in this system and those who talk the game but don’t follow thru, make sure to impeach them from the office they received by your good graces… People out there can put them in office but can remove them also before their term is up if they don’t hold up to their campaign promise.

The old heads in the system like to say, (let the young bucks have it now)… We let the young people out there stand up to get their loved ones back from a system that’s not designed to rehabilitate, it just warehouses people for the federal dollars. Money is the only thing that talks…

Russell Browning, #1116214

OPPOSING SCALES: THE WEIGHT OF VIRGINIA’S ENHANCED SENTENCE CREDITS & 2022 BUDGET AMENDMENT

By David Bomber

From the moment that Don Scott, Delegate for the 80th District of Virginia, introduced the Earned Sentence Credits bill in 2020, the atmosphere in this state changed. Suddenly, it seemed like criminal justice reform in Virginia was taking on real meaning, that change was finally coming about. In turn, this bill energized advocates and incarcerated folks alike, as well as their families, and further gave everyone involved a glimmer of hope. What fueled that fire even more was during that same year John Edwards, Senator for the 21st District of Virginia, introduced a bill to reinstate parole – an extraordinary measure considering that parole had been abolished in Virginia since July 1st, 1995. For all intents and purposes, it seemed like the lawmakers here in Virginia were finally getting it. Perhaps all the hard work that everyone had put in towards criminal justice reform was finally paying off.

Although the Earned Sentence Credits bill eventually passed, it turned out to only benefit some, while it dashed the hopes for many others. Initially the bill was introduced to provide incentives to gain an earlier release for any given prisoner who demonstrated good behavior and worked towards rehabilitating themselves. Unfortunately, that same bill was amended later on to exclude violations of certain offenses, such as malicious wounding, homicide, robbery, etc. This means that those affected by these exclusions can only earn the same rate of “good time” as they always have, a maximum of 4.5 sentence credits for each 30 days served (for those under the “new law”). The other crushing blow came that affected all the new law incarcerated folks as well as their families is when Edward’s bill to reinstate parole was first “tabled,” then eventually defeated. Perhaps lawmakers here in Virginia aren’t getting it after all – keeping folks locked up isn’t the answer. If anything it exacerbates the issue of mass incarceration.

What followed suit after that can only be characterized as mind boggling. In Governor Youngkin’s 2022 budget amendment, a provision was adopted that precluded anyone with “mixed charges” to benefit from the Earned Sentence Credits statue. In other words someone with convictions for something like grand larceny & malicious wounding doesn’t qualify for Earned Sentence Credits based solely on the malicious wounding. To put it fairly, this amounts than nothing more than a Draconian policy instituted by the Younkin administration. It is no wonder that the ACLU of Virginia has filed two separate lawsuits over these matters – one of which was recently won because the Earned Sentence Credits statue was misinterpreted and ultimately misapplied by the Virginia D.O.C. The other, which hasn’t been decided yet, addresses Youngkin’s policy on the ineligibility aspect of those with “mixed charges.”

If anyone isn’t surprised by these things, it is I. Convicted in 2011 of aggravated malicious wounding & second-degree murder, both the Court of Appeals and Supreme Court of Virginia’s determined that they could “not ascertain the legislative intent” and ultimately upheld my convictions – never mind that only ONE ACT was involved against the SAME VICTIM. From my perspective, it seems that Virginia has a track record of failing to interpret the statues properly, and further gives me the sense that I am being punished twice, unfairly I might add.

Similarly, the exclusions set forth in the Earned Sentence Credits & the 2022 Budget Amendment gives many incarcerated folks and their families a bleak outlook, particularly on criminal justice reform. As stressful and daunting as these matters are, now is not the time to roll over and pretend that these issues will go away on their own. The best thing that advocates, incarcerated folks, and their families can do to cope with these issues and bring about change is to take them on and get directly involved with Virginia’s lawmakers.

Thank you for taking time to read this. If you would like to get in contact with me directly, my contact info is enclosed below.

CONTACT INFO

To email me directly please visit http://www.jpay.com and submit Virginia ID #1130793 (Jpay is a service that the Virginia D.O.C. utilizes for prisoner communications with the public)(Note: this service does require users to purchase virtual stamps in order to send messages).

To follow my cause on Facebook:
@Justice4davidbomber

To join the conversation:
#freedavidbomber

To follow me on social media:
https://linktr.ee/freedavidbomber

For General Correspondence:
David Bomber #1130793
Nottoway Correctional Center
P.O. Box 488
Burkeville, Va. 23922

Acknowledgement of Prevention

Peace to the strong, resilient comrades in this fight for FREEDOM.

My name is Devin L Phillips #1158007, here in the field of Lawrenceville CC, YOU CAN CALL ME SADDIUM!!! There’s so much to be said about the current state of existence behind these walls..at times too many words dilute the message. Too much focus is placed on the negative, that we tend to disregard the positive, productive works put forth by those not recognized by the administration! To speak in metaphorical terms, all I would like to say is….

“We tend to always concentrate, and point out the many crashes, and collisions that occur at the intersection… how about we take a few minutes, to acknowledge the overwhelming number of accidents, and catastrophes that the under appreciated traffic lights, and traffic signs have, and continue to prevent???”

#weinthetrenches

SALUTE!!

“Wellness in the Age of Political Uncertainty and Extremism”

By Danny Thomas

As Virginians, we are still reeling from the shocking loss of political fairness and equality with the election of Youngkin and Miyares. Even today, I find myself asking what if McCauliffe hadn’t commented that “parents don’t have a right to dictate their children’s education.” You could clearly see his momentum wane by the second – as he also recognized this and brought in the “big guns” like Obama and national figures in the education realm in an attempt to repair the damage accrued by this statement.

In any event, this constant shifting of the political winds has created angst in the hearts and minds of so many, particularly minorities of all kinds, especially the prisoner’s of Virginia and their families. Consider the fact that at least 500 men and women housed in Virginia D.O.C. were excited for the opportunity to be released from prison only to have this moment snatched away at the 11th hour. I can recall the anxiety I felt after serving 20 years in maximum security with the expectation that I’d be shipped to a medium, only to have it snatched away. I can only imagine what it feels like to expect your freedom then have it taken from you to serve political interests.

Consider the children expecting their parent to come home only to suffer the gravest of disappointment. It is difficult enough to explain to young children that you’re away from them because you did something that you shouldn’t have, then plan your reunion, then build their expectations only to find yourself letting them down again. Psychologically, the idea of defeat is ever present and the circumstances we live under will either nourish the defeat or starve it – unfortunately incarceration provides a full course meal for the defeatist mind.

It is astonishing that so many of us and our families are able to thrive in spite of the pervasive nature of ” learned helplessness.” The incarceration of family becomes a shared experience in which both suffer separately, but equally. Although visitation and phone calls serve as a type of “numbing agent” for the soul, both are left with a hollow place in their consciousness for which their is no immediate gratification, the only remedy requires freedom from the carceral restraints that bind us yet separate.

Our knowledge of the carceral system will ensure that we can experience a healthy existence in spite of the enormous obstacles we face. The wellness of our selves and family is predicated on just how resilient and resolute we prove to be. There is no magic pill or how to book to mimic, the wellness we seek is born from our recognition of “the open enemy,” the politician that has industrialized crime for the sake of creating jobs in their respective districts; the one who refuses to recognize that poverty is the mother of crime and not genetics as many of them would presume.

The sure strategy against this pathology is our education and advocacy against the system that seeks to break our will and define us as a valueless people. In the words of the immortal Nelson Mandela, “the attack of the wild beast cannot be averted with bare hands.”

In Struggle,

Danny Thomas, #1054249
Green Rock Correctional

July Prompt: State Leaders, Mental Health, and Incarcerated Lives

It’s been an entire year since the VA governor’s 11th hour budget amendment that denied thousands of hopeful incarcerated people and their families long-awaited relief from Virginia’s harsh practice of over sentencing. The sudden walk back combined with the already adverse conditions (i.e. the Coronavirus Pandemic, Fentanyl, etc) plaguing the penitentiary have caused serious stress for some – myself included. This elevates the every day stressors of prison life from a common occurrence that can be remedied with moderate time and care, to a contest of will that can have lethal consequences for the defeated.

The prison yard has been relatively quiet, subdued by the jerk and pull of politics and the overwhelming sense of powerlessness. Dejected prisoners have not mustered the spirit to organize in light of all the work that has been done on their behalf in the past few years. From personal experience that spans a decade and a half, prisoners do not expect things to change and the past year has reinforced feelings of injustice. These feelings have been suppressed for the most part and redistributed to expressions that firmly place prisoners deeper into prison life and further from productive, prospective ways of thinking.

For me, the past year has been a crash course in environmental influence on mental health and how this is so essential to effective rehabilitation. It has also raised an important question in my mind: How much weight do our state leaders place on the mental wellness of its incarcerated? How much weight to they place on mental wellness and public safety?

State Democrats decided not to readdress Enhance Sentence Credits in this year’s General Assembly — predicting failure to pass and further unnecessary stress on prisoners and their families. Currently, the matter of Earned Sentence Credits and the Governor’s walk back of eligibility is being heard by the VA Supreme Court. This process can take quite some time to be decided. Other alternatives to relief include: expiration of the budget amendment in June 2024 (and hopefully its not reissued by the Governor and House), or The House gains enough Second Chance members in the upcoming election to push a bill through. This form of alternative also cannot be effective till 2024.

In the meantime, what do we do about the immense mental stress that is pushing prisoners to very bleak brinks — increased agitation, physical altercations, deep depression, and drug overdoses? Each of these issues have been exacerbated by Governor Youngkin’s political agenda and toying with human lives…

-Q, July 2023

Prompt Questions (Thought Starters for the Incarcerated Population):

Can you identify any extra stress brought on by the governor’s budget amendment; for you, your environment, loved ones at home, or friends/family on the inside?
How can the state better use resources in order to address the mental health of incarcerated people?
What may be some key ways to deal with elevated stress while incarcerated?
Can you think of any alternative ways the prison community can view the legislative process to better cope with changes like that of governor Youngkin’s budget amendment?
What can we do as incarcerated people to ensure that we put the right people in office who care about our lives?

The Vital Right in a Democracy

“There is no more vital right in a democracy than the right to vote. Without it, no other right is secure.”

These are the words of Lawrence Goldstone, author of “Stolen Justice: The Struggle for African American Voting Rights” (Scholastic Focus: New York, 2020). This invaluable book should be required reading for all who are currently in the struggle for voting rights because people not only need to know what they are fighting for, but, they equally need to know about whom they are fighting against. Many people in the struggle for voting rights get so caught up in the here and now that they lose sight of the events that lead to the here and now. In other words, in order to fully understand disenfranchisement today, one must fully understand the historical mindset of those who made it their generational mission to disenfranchise African Americans, and to understand how each generation has it’s own methods by which it use’s to achieve that mission.

The methods used are well documented, but, many today are unaware of the magnitude of those methods, and how those methods brought the American voting system to the brink of collapse.

In 1890, J. J. Chrisman, a Mississippian judge, took pride in declaring: “In plan words, we have been stuffing the ballot boxes, committing perjury, and here and there . . . carrying the elections by fraud and violence until the whole machinery for elections was about to rot down.”

Malcolm X once said: “As time changes, your methods for achieving your objectives must change.”

Mr. Goldstone informs us that by 1900, all of the old Confederate States were in agreement that the time had come to change their methods in by which to deny African Americans the full and equal right of citizenship. He quotes an Alabama lawmaker as saying: “We cannot afford to live with our feet upon fraud. We will not do it. We have disfranchised the African in the past by doubtful methods, but in the future we will do so by law.”

The political events taking place throughout America today are the methods employed more than a hundred years ago by those seeking to continue the course of disenfranchisement.

I have been incarcerated for the past 33 years, and like so many incarcerated men and women, there was a time when I believed that politics (particularly voting) was a waste of time. Thankfully I have matured in my historical and political understanding when it comes to voting. When we do not vote, or at least participate in the process in some way, we become accomplice’s in our own disenfranchisement.

I am currently employed by the Virginia Correctional Enterprise (VCE) where we print letterheads, pamphlets, brochures, businesses cards, and other stationary for State institutions, colleges and universities and nonprofits throughout the State. VCE also supplies the State with it’s Voter Registration Applications. Due to my status as a convicted felon, I can’t vote. However, I find comfort and satisfaction in doing something that helps others in registering to vote. It gives me a sense of inclusiveness and a sense of pride because I feel like I’m a part of the process. Also, I feel like I’m keeping Dr. King’s dream alive when he said:

“Everybody can be great . . . because anybody can serve. You don’t have to have a college degree to serve. You don’t have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love.”

In closing, I want to leave you with this food for thought:

All of your rights and all of your privileges, as an American citizen, are contained in your right to vote. To forgo or relinquish that right puts all of your rights and privileges in jeopardy. We in the present owe a debt to all who fought for the cause of suffrage in the past. Let us not be unmindful of that obligation. Let us not let their suffering be in vain.

Peace and Blessings to all.

Anthony Maurice Jordan #1161827
Beaumont Correctional Center