NCJ Number
47633
Date Published
1976
Length
14 pages
Annotation
FOLLOWING A BRIEF CRITIQUE OF THE AMERICAN LEGAL SYSTEM, THE ROLE OF THE JUDGE IS EXAMINED, AND GUIDELINES FOR THE JUDGE WHO WOULD BE PART OF THE PEOPLE'S MOVEMENT ARE PRESENTED.
Abstract
AN EXAMINATION OF THE HISTORY OF CIVIL RIGHTS FOR BLACK AMERICANS, AND THE PREFERENTIAL TREATMENT ACCORDED LARGE CORPORATIONS AND VIOLATIONS OF THE LAW BY THE NATIONAL GUARD OR POLICE SUGGESTS THAT RATHER THAN BEING THE NEUTRAL, PEACEFUL, AND JUST ARBITER OF SOCIAL DISPUTES, THE LAW IN REALITY TOLERATES AND PROMOTES CLASS AND RACIAL BIAS. IN DETROIT (MICH.), FOR INSTANCE, THOUSANDS OF PEOPLE ARE ARRESTED FOR SHOPLIFTING AND FREQUENTLY SENTENCED TO IMPRISONMENT AS THOUGH IMPRISONMENT COULD CURE THE CRIME OF POVERTY. HOWEVER IN A CASE CONCERNING VIOLATION OF THE MICHIGAN WEIGHTS AND MEASURES ACT, A LARGE SUPERMARKET CORPORATION, OFFICIAL RECEIVED A VERY LIGHT PRISON SENTENCE WHICH WAS APPEALED. ANOTHER EXAMPLE OF THE NEED FOR INSTITUTIONAL CHANGE RESPONSIVE TO THE RIGHTS AND NEEDS OF THE PEOPLE IS THE DETENTION OF ARRESTEES, MANY OF WHOM ARE NOT PROSECUTED, FOR UP TO 72 HOURS. AN EFFORT TO PREVENT UNNECESSARY DELAYS IN ARRAIGNMENT BY INSTITUTING NIGHT ARRAIGNMENTS MET WITH STRONG OPPOSITION FROM COURT PERSONNEL. THE SUCCESSFUL CAMPAIGN FOR ELECTION OF JUDGE JUSTIN RAVITZ IS BRIEFLY DESCRIBED. A NUMBER OF COURSES OF ACTION WHICH MAY AND NEED BE TAKEN BY JUDGES TO ADVANCE THE REALIZATION OF THE DESERVED AND JUST RIGHTS, NEEDS, AND ASPIRATIONS OF THE MAJORITY OF THE PEOPLE ARE PRESENTED. SUCH A JUDGE MUST STRUGGLE FOR INSTITUTIONALIZED CHANGES WHICH WILL PROMOTE THE FULFILMENT OF CONSTITUTIONAL GUARANTEES AND EQUAL JUSTICE UNDER THE LAW. THOSE JUDGES WHO RESIST SUCH EFFORTS AND DEMANDS MUST BE EXPOSED. THE LAW MUST BE METICULOUSLY AND HUMANELY APPLIED. SUCH A JUDGE CONDUCTS THE KIND OF COURTROOM WHICH FACILITATES UNDERSTANDING OF THE PROCEEDINGS OF THE COURT, AND MAKES CERTAIN THAT LOSING LITIGANTS UNDERSTAND THE REALITIES OF THEIR CASE AND THE LAW. FINALLY, SUCH A JUDGE WILL UNDERSTAND THE LIMITS OF THE LAW'S CAPACITY TO PROMOTE CHANGE AND REALIZE HIS OR HER OWN CAPACITY TO AID IN ORGANIZING A MASS, MULTINATIONAL, RADICAL PEOPLE'S PARTY WHICH IS COMMITTED TO FUNDAMENTALLY ALTERING THE BASIS ON WHICH THE SOCIETY IS PRESENTLY ARRANGED. NOTES ARE PROVIDED. (JAP)