Regarding the "Great Writ"

[H2O Man]

I've noticed a number of threads that mention the Bush administration's attack on habeas corpus. This is something that should be of concern to all of us. Habeas corpus means "you should have the body" in Latin. It is a concept that has a unique position in the history of western jurisprudence. It was rooted in English common law and the Magna Carta.

"The writ of habeas corpus," a US Supreme Court decision noted, "is a procedural device for subjecting executive, judicial, or private restraints on liberty to judicial scrutiny. Where it is available, it assures among other things that a prisoner may require his jailer to justify the detention under law. In England ... and in the United States, this high purpose has made the writ both the symbol and guardian of individual liberty." (Quoted from: Lazarus and the Hurricane; Chaiton & Swinton; 1991;page 274.)

In 1996, the House and Senate passed the Effective Death Penalty Act. This act, signed into law by a democratic president, severely restricted the right of habeas corpus for American citizens who were incarcerated. The following "link" provides a brief article describing the law.

http://www.vote.com/vote/3315573/argument3315711.phtml?cat=4075633

It quotes Senator Daniel Patrick Moynihan (D-NY), the only national leader with the courage to speak out strongly against the act. "If I had the choice of living in a country with no elections but a full habeas corpus right, or with elections and no habeas corpus, I'd choose the country with no elections," Senator Moynihan stated.

The article also quotes Hofstra law professor Leon Friedman. Leon was the attorney who took Rubin "Hurricane" Carter's case to the federal level. On November 7, 1985, Rubin's conviction for a 1966 triple murder was overturned in US District Court in Newark, NJ. Judge H. Lee Sarokin found that the prosecution had committed "grave constitutional violations," and that Rubin and John Artis were convicted on an appeal to "racism rather than reason, and concealment rather than disclosure."

F. Lee Baily said that, "The Hurricane Carter case is one of this century's most important legal sagas." Rubin spent 20 years incarcerated for a crime that he did not commit. His appeal was being stifled in New Jersey state courts; it was the Great Writ that finally brought about justice.

Since winning his case in 1985, Carter has fought for the rights of the wrongly convicted, and fought against the death penalty around the world. In the late 1990s, he traveled to Texas to speak to the governor of that state. Rubin was concerned about the denial of rights for inmates in Texas, as well as the high rate of executions.

Governor Bush was not interested in what Carter had to say. But you should be. If you are concerned about things like torture, the denial of basic rights for those incarcerated in the US, and the on-going crushing of the Great Writ, Rubin's case should be of interest. Take the time to watch the wonderful movie "The Hurricane."

We are in a long, very difficult struggle. Do not become depressed, because some in congress and the senate voted for a terrible bill to become law. It's not the first time. Not by a long shot. But we will survive this. We will become stronger -- not because of this, but in spite of it. We will not only survive. We will win. Count on it.

[AntiFascist]

1. K&R, because we should not cower. n/t

[Me.]

2. I'm Counting On The Courts

and Judges like Taylor to overturn this "law".

*shadow government*

[StellaBlue]

3. I saw the kid who was wrongly convicted alongside Carter in that case

because he happened to be in the car with Carter when he was erroneously arrested.

He spoke at the University of Texas in about 2000. It was amazing. I have always been anti-death penalty, but I became VERY anti-death penalty after that night.

It could be any of us. We are Ruben Carter.

And "I am Malcolm X!"

[H2O Man]

5. John Artis.

Rubin has always said that John is his hero. The prosecutor offered him a number of different "deals," because they really weren't after him. As you say, he was just in the car, getting a ride home. He was known as the "gentle other guy" while incarcerated; he got his degree by attending college courses, and has done significant work with "at risk" youth since being released. He's a really nice guy, even after what happened to him.

[StellaBlue]

14. Yep, that's him.

He's my hero, too.

Him and about a thousand other people, and all the millions of unnamed heroes like him. Like everyone in the 14th century English Peasants' Revolt. But I digress.

[ourbluenation]

4. I don't want this excellant post to disappear into the eather. Please

read it everyone.

:kick:

[bonito]

10. Not only read but bookmarked

We are the eather. Peace

[spuddonna]

6. K&R! What an excellent example of why this law is so dangerous...

And as always, an excellent piece of writing...

Off to send this to family and friends...

[Straight Shooter]

7. I saw the movie, long ago.

Of course, back then I watched it from the perspective of having a crush on Denzel. :blush:

It's time for me to take a critical birds-eye view of the movie and absorb the political implications.

The other scary part of this bill is allowing hearsay evidence, which is the absolutely most unreliable kind of evidence, which is why it is not allowed, except sometimes when a relevant person is dead, in civil and criminal cases in the U.S. legal system ......... yet.

Thanks, H2.

[druidity33]

20. read the book first... n/t

[Straight Shooter]

41. Good idea. I'll do that. Thanks. n/t

[H2O Man]

42. There are three good books .....

The 16th Round; Lazarus and the Hurricane; and Hurricane: The Miraculous Journey of Rubin Carter. All three are worth reading.

[Straight Shooter]

47. The Miraculous Journey catches my eye.

I'll start there.

Thanks for the titles. I've been looking for books about heroes.

[Clarkie1]

8. Win we will. The restrictions passed 51-48. A Democratic Senate will

restore habeus corpus rights...we must demand it, if the judicial does not strike down the law before.

[niallmac]

9. So when do I see the rich legal societies publishing ads of outrage?

Tomorrow? Sunday? They will scream about this, won't they...?

[dalaigh lllama]

11. Thank you, H2O Man. I needed that

O.K. Enough of my personal wallowing in despair. Deep breath, chin up, and soldier on. It ain't over til the fat lady sings.

[rosesaylavee]

12. This gives me hope.

As always your post is just what I needed to read. Thank you again.

Peace.

[H2O Man]

13. Thank you.

I am used to being involved in long struggles. It can seem discouraging sometimes, but the truth is that the work we do today is actually the building of the foundation that others will build upon in the future. We might not see it now, because we are literally in the trenches. Yet we are building with stone that others have cast aside. We are building a strong foundation. One cannot see it from the distance, because we are not all high-profile. But there is nothing more important than the work we do in the next month.

[rosesaylavee]

19. I have always liked this quote

tho I admit it is hard to live up to! It does help me snap out of it - as did your post. It's not all about 'me' afterall!

No one has a right to sit down and feel hopeless. There is too much work to do.
Dorothy Day

You are right. We're are not doing this for ourselves but for our kids and those that come after us... and I like to think about those that came before us too. Our actions ensure that their work remains meaningful.

[annabanana]

21. "we are not descendant from fearful men"

I choose to continue to believe in America.

[rosesaylavee]

22. Or women!

Me too.

[hootinholler]

15. Fear is the mind killer.

I wish I could remember the entire litanny that Frank Herbert wrote.

Thanks for the reminder H2O!

-Hoot

[area51]

34. Herbert quote

"I must not fear. Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear... And when it is gone past I will turn the inner eye to see its path. Where the fear is gone there will be nothing. Only I will remain."

[hootinholler]

37. Thanks for that

BSD rules.

-Hoot

[fooj]

16. NGU! Ever.

:patriot:

Thanks. You give me hope. :hug:

[OneBlueSky]

17. "Hurricane" . . . by Bob Dylan . . .

Pistol shots ring out in the barroom night
Enter Patty Valentine from the upper hall.
She sees the bartender in a pool of blood,
Cries out, "My God, they killed them all!"
Here comes the story of the Hurricane,
The man the authorities came to blame
For somethin' that he never done.
Put in a prison cell, but one time he could-a been
The champion of the world.

Three bodies lyin' there does Patty see
And another man named Bello, movin' around mysteriously.
"I didn't do it," he says, and he throws up his hands
"I was only robbin' the register, I hope you understand.
I saw them leavin'," he says, and he stops
"One of us had better call up the cops."
And so Patty calls the cops
And they arrive on the scene with their red lights flashin'
In the hot New Jersey night.

Meanwhile, far away in another part of town
Rubin Carter and a couple of friends are drivin' around.
Number one contender for the middleweight crown
Had no idea what kinda shit was about to go down
When a cop pulled him over to the side of the road
Just like the time before and the time before that.
In Paterson that's just the way things go.
If you're black you might as well not show up on the street
'Less you wanna draw the heat.

Alfred Bello had a partner and he had a rap for the cops.
Him and Arthur Dexter Bradley were just out prowlin' around
He said, "I saw two men runnin' out, they looked like middleweights
They jumped into a white car with out-of-state plates."
And Miss Patty Valentine just nodded her head.
Cop said, "Wait a minute, boys, this one's not dead"
So they took him to the infirmary
And though this man could hardly see
They told him that he could identify the guilty men.

Four in the mornin' and they haul Rubin in,
Take him to the hospital and they bring him upstairs.
The wounded man looks up through his one dyin' eye
Says, "Wha'd you bring him in here for? He ain't the guy!"
Yes, here's the story of the Hurricane,
The man the authorities came to blame
For somethin' that he never done.
Put in a prison cell, but one time he could-a been
The champion of the world.

Four months later, the ghettos are in flame,
Rubin's in South America, fightin' for his name
While Arthur Dexter Bradley's still in the robbery game
And the cops are puttin' the screws to him, lookin' for somebody to blame.
"Remember that murder that happened in a bar?"
"Remember you said you saw the getaway car?"
"You think you'd like to play ball with the law?"
"Think it might-a been that fighter that you saw runnin' that night?"
"Don't forget that you are white."

Arthur Dexter Bradley said, "I'm really not sure."
Cops said, "A poor boy like you could use a break
We got you for the motel job and we're talkin' to your friend Bello
Now you don't wanta have to go back to jail, be a nice fellow.
You'll be doin' society a favor.
That sonofabitch is brave and gettin' braver.
We want to put his ass in stir
We want to pin this triple murder on him
He ain't no Gentleman Jim."

Rubin could take a man out with just one punch
But he never did like to talk about it all that much.
It's my work, he'd say, and I do it for pay
And when it's over I'd just as soon go on my way
Up to some paradise
Where the trout streams flow and the air is nice
And ride a horse along a trail.
But then they took him to the jailhouse
Where they try to turn a man into a mouse.

All of Rubin's cards were marked in advance
The trial was a pig-circus, he never had a chance.
The judge made Rubin's witnesses drunkards from the slums
To the white folks who watched he was a revolutionary bum
And to the black folks he was just a crazy nigger.
No one doubted that he pulled the trigger.
And though they could not produce the gun,
The D.A. said he was the one who did the deed
And the all-white jury agreed.

Rubin Carter was falsely tried.
The crime was murder "one," guess who testified?
Bello and Bradley and they both baldly lied
And the newspapers, they all went along for the ride.
How can the life of such a man
Be in the palm of some fool's hand?
To see him obviously framed
Couldn't help but make me feel ashamed to live in a land
Where justice is a game.

Now all the criminals in their coats and their ties
Are free to drink martinis and watch the sun rise
While Rubin sits like Buddha in a ten-foot cell
An innocent man in a living hell.
Yes, that's the story of the Hurricane,
But it won't be over till they clear his name
And give him back the time he's done.
Put in a prison cell, but one time he could-a been
The champion of the world.

[H2O Man]

24. That is a great song.

One of the interesting bits of "trivial pursuit" that I remember about those days is that Bob got so emotionally involved in Rubin's case, that he had a "block" when he started to write the song. He actually contributed very little of the lyrics. Jacques Levy has never gotten much credit for being the guy who really wrote the lyrics, but he didn't do it to promote himself. He knew the deal. I haven't seen him in a few years, but he was teaching at Colgate U in Hamilton, NY.

Bob was more responsible for the music. It's a powerful song. There is a wonderful version on the Dylan "bootleg series #5" (The Rolling Thunder Revue: 1975). Those were interesting times. George Harrison had shown that rock concerts could focus on social responsibility, and Dylan really went with it. Others that joined in helping on his effort to assist Rubin included Joan Baez, Joni Mitchell, Ronee Blakley, Roberta Flack, and Marvin Gaye. Some DU old-timers may recall that Marvin shaved his head for a live performance in San Fransisco ..... Ah, well. That was a long time ago. Reading those lyrics brought back some memories, and you get an old man rambling on and on.

[bleever]

43. That's not rambling,

that's oral history.

And I agree with your comments about foundations. The biggest buildings can only stand because of the foundations that reach down through the dirt and rock, where they serve unseen.

:thumbsup:

[countryjake]

18. No depression here, just pure anger.

I do believe that what happened this week is the trend, not the oddity.

On our local news tonight, they had Fumiko Hayashida, the oldest survivor of the internment camps of the 1940s, who was trying to petition Congress to include a Bainbridge Island Japanese-American Memorial into the National Park system. Her reason...so that Americans might learn from and remember the meaning of that memorial's name: "Nidoto Nai Yoni - Let It Not Happen Again."

How bitterly ironic that she was there in Washington appealing to our legislators on the same day that the Writ was being disassembled!

http://seattlepi.nwsource.com/local/286989_park29.html




Mother and child both wear the tags which the soldiers used to mark them.

"Let It Not Happen Again"

[robertpaulsen]

46. Amen! As Zack de la Rocha says, "Your anger is a gift!"

My wife has relatives who had to go through the injustice of internment. I'm not sure if times we're worse then than they are now, but seeing Moynihan's quote in H2O Man's OP really puts things in perspective: habeus corpus and free elections in this country have encountered a grave threat in the neo-con death juggernaut. I'm using my anger to keep me fighting, as I think we all should.

[DemonFighterLives]

23. Great thread

Thanks for providing this information.

This bloody administration has turned back the clock one too many times.

The Gov. of TX should do a little time, I think.
:dem:

[FogerRox]

25. Yes take a breath, look up, straight ahead, and fight.

The Humanist Movement has come a long way over 400+ years, we have won many battles, and we will more to come. A good perk me up/wake up call in the morning, thanks H2O man, U da Man.

NOW TAKE THE HILL

And dont forget:

[SammyWinstonJack]

26. K & R

[Annces]

27. Something to be learned from the art of boxing

[H2O Man]

28. That's a nice photo

of the great welterweight and middleweight champion, Emile Griffith. It's interesting .... I was just thinking about him this morning. My younger son dropped a couple boxing magazines off last night. One had a ad for a "program" from the second Frazier vs Ali fight, which was on sale for $500. I have mine from that night in the Madison square Garden, autographed by Emile. He was among a group of boxers who always supported the Hurricane in the 20 year struggle. I would run into Griffith years later, and he has always been one of the nicest people outside the ring.

I also am ordering a book, "Gypsy Joe Harris: Son of Philadelphia," about one of the tough guys who never fulfilled his potential, because he was forced to retire early. He only lost one fight -- to Emile Griffith -- and was a pretty sure bet to win a title. But he was blind .... fully blind in one eye, and losing sight in the other. He lived and died in a tragic manner after he retired. His brother recently wrote a book, which has more to do with social factors than boxing. His brother is a teacher in Atlanta. I'm ordering a copy of the book, and will probably post a thread on Harris today or tomorrow. (I'm thinking it may be of interest on DU:GD, rather than just the sport's forum.)

Oh, well. Griffith fought Carter, too. Emile had just been named "Fighter of the Year," and was on top of the boxing world. Rubin won a TKO in the first round ....

[Annces]

29. So you knew Griffith, that is exciting

I have read some of your references to boxers, and although I am completely unknowledgeable about boxing, it has filtered through that there is a connection between mental strength and will power, and boxing, so I am a little more interested. I was searching for a pic of a Cuban boxer and there were several on Griffith, so I picked him.

I see there is a DVD called Ring of Fire, that I may rent.

Will be interesting to read your post on boxing in general.

[H2O Man]

30. Ring of Fire

is a great documentary about one of the tragic chapters of boxing history. Emile and the great Cuban welterweight Benny "Kid" Paret were fighting their "rubber match." It had turned into a grudge match at the weigh-in. Benny died as a result of the injuries from that fight.

Griffith's career included a series of fights with a couple of the best Cuban fighters, Paret and Luis Rodriguez. On October 7, one of this era's great Cuban champions, Joel Casamayor, fights a rubber match with lightweight champion Diego Corrales.

[bigtree]

31. we have a defense

the strength of our votes . . . like a hurricane!

[IWantAChange]

32. get outraged people

stop talking about Bob Dylan songs and how H2O's fine piece made you think - do something about it. Donate to a campaign - talk to your neighbors and family - convince one person that what is happening is wrong and that VOTES to change the power structure in Washington can make a difference to future generations and you will have accomplished something. Get off your ass and do something.

[rosesaylavee]

40. Get off my ass and do something?

What makes you think the people on this thread aren't doing 'something' and haven't already done 'something'?

It takes heart and courage to continue the work to get our country back after a week like this. "Assuming" we are not is offensive.

[Lasher]

33. I'm concerned about this precedent

I assume the Effective Death Penalty Act has not been ruled unconstitutional since it became law in 1996. I wonder if it was ever challenged on this basis. Since its limitations on habeas corpus still stand, how can we realistically hope that the SCOTUS will strike down the Torture Bill for having the same thing?

[me b zola]

39. Add that concern to this:

They are only a few lifetime judicial appointments from destroying our Constitution for generations to come. I have a horrible feeling that there will be one more SCOTUS seat that becomes open before the reign of king george's terror is over. :scared:

[cool user name]

35. Muthafuckin' kicking! n/t

[KoKo]

36. Congress was very "busy" in 1996... "Telecommunications Act."

was also passed and signed that year.

Thanks for posting this. I had no idea that "Habeus" had already had it's first "cut" by those who wished to make sure that there wouldn't be delays for those who oppose the death penalty.

It's disturbing that Clinton signed so many bills into law that we didn't know would have such dreadful ramifications.

[shance]

38. We should avoid the courts on this one. We know how the court

will decide.

Then it will become a Constitutional Amendment.

[Land Shark]

44. Ok, we will win, but we won't sit back and let Lawyers do it all

there's much for everyone to do to protect our rights.

[madmusic]

45. Perfectly said, and if I dare add a little:

Northern California Innocence Project

The Northern California Innocence Project is a law school clinical program providing a unique educational oppurtunity for law students to investigate possible wrongful convictions and represent imprisoned clients with claims of actual innocence. Student evaluate case histories, including transcripts, medical reports, and appellate briefs, as well as work with prisoners, crime and evidence labs, law enforcement, defense attorneys and prosecutors to help prove claims of innocence. Supervised by experienced legal and forensic staff, NCIP law students innocence claims by reviewing case histories, appellate briefs, transcripts, medical recors and other documents. They participate directly in the investigative process by interviewing prisoners, witnesses, crime lab personnel, law enforcement, defense attorneys and prosecutors to help prove claims of innocence. Beyond investigating their cases and interviewing witnesses, NCIP students draft legal documents such as motions, declarations, briefs, legal memoranda and letters to attorneys, clients and others. Students also attend and participate in court proceedings. NCIP students begin the semester with an intensive two day training session known as "NCIP Boot Camp" and continue learning by attending classes twice weekly which focus on post-conviction law and issues relevant to wrongful conviction. Class topics include federal and state habeas corpus procedures, post-conviction DNA testing laws. investigation techniques, witness interview strategies, and the science of DNA testing. For every 50 hours of participation in the program including casework and class attendance, a student earns one unit. Graded Credit/No Credit. Public Interest and Social Justice Law Certificate course. (3-6 units).
Student Comments

What the Students Have to Say

"The Innocence Project is what law school should be about! I have learned to put into practice the concepts taught in Evidence, Criminal Law, Criminal Procedure, and Trial Advocacy. But more importantly I've learned that being a lawyer means to care for clients and their welfare. The people we are representing are not just nameless, faceless numbers but people with families, feelings, and histories."
-Linda Berkowitz

"A society is judged by the manner in which it treats its most vulnerable. Liberty is a precious right but people are often deprived of it without dignity and respect. In the Innocence Project we have a chance to right two wrongs: We treat the people in prison who write to us with respect and we work to exonerate them if their claims of innocence are viable."
-Karen Rega

"The thought of an innocent person serving time for a crime that he or she did not commit is so repugnant, that I felt it was my duty as a human being to volunteer at the Northern California Innocence Project."
-Marcia Raymond

"Participating in the Project has provided a crash course in the labyrinth of the post-conviction appellate and habeas processes as well as some of the fundamental, insidious flaws in the arrest and suspect identification processes. It is also a lesson in the difficulty of establishing what kind of case actually satisfies the test of a 'claim of actual innocence.' "

"The overall objective of the Northern California Innocence Project is awesome and clear. I could not miss the opportunity to be involved."
- Sara Johnson

"The criminal justice system makes mistakes. 89 innocent people freed from prison only begins to prove this fact. We can either ignore the problem or we can fix it. The Northern California Innocence Project provides students with the unique opportunity to be part of the solution early in their legal careers."
- An Nguyen

http://www.ncip.scu.edu/law/ncip/ncip_the_course.html

Boldness added. Thanks for this post, H2O Man.

[countryjake]

48. for the Sunday crew...

[Joe Hill]

49. The Great Writ

Um, no,the death of the rule of law in September of 2006 is a completely different subject than the niceties of postconviction relief modified in 1996. Talking about Ruben Carter trivializes what has happened now. Reasonable people can disagree about how many appeals a convicted criminal is entitled to: direct appeals conceivably all the way to the U.S. Supreme Court, followed by state postconviction relief, followed by federal postconviction remedies, and repeat as needed. Reasonable people cannot agree that federal officials should have the power to "disappear" people without any court review of the reasons for the detention. That is a completely different kettle of fish. What is to be done?

[newyawker99]

50. Hi Joe Hill!!

Welcome to DU!! :toast: