"mixed race people threaten the core of a racist society"
-Lani Kaahumanu
Wednesday, November 12, 2008
Prop 9
For more than two decades, California voters have approved by overwhelming margins
pretty much any tough-on-crime initiative put before them. Operating on the mistaken
premise that a generation of leniency had made the state a playground for killers,
and reacting to the anger of heartbroken families of the latest high-profile crime
victims, voters have opted for any ballot measure that would lock up more wrongdoers
and throw away the key.One of the results has been penal institutions that are so
overcrowded and treat inmates so poorly that they have been found to violate the
constitutional prohibition against cruel and unusual punishment.
So it is noteworthy and encouraging that voters in Tuesday's election said no to the
latest overreaching criminal justice initiative. Proposition 6, seductively titled
the Safe Neighborhoods Act, would have added new spending mandates, locking up yet
another chunk of the state budget for programs that appeal to the punitive portion
of Californians' nature but do nothing to make people safer.Is this the end? Does
the defeat of Proposition 6 demonstrate that voters finally have come of age and
will no longer fall for any ballot measure that preys on fear and outrage?Sadly, no.
On the same day they rejected Proposition 6, voters embraced Proposition 9, the
so-called Victims' Bill of Rights Act of 2008, also known as Marsy's Law. It had all
the old ingredients: an emotionally powerful story, a billionaire funder, assertions
that the criminal justice system is outrageously tilted toward the defense. It seems
not to have made a difference that the rich backer is under criminal indictment.
Voters seem to have forgotten that they previously approved a victims' bill of
rights, and that the Legislature periodically passes laws under the same heading.
The title may make us feel safer -- but the problems lie in the substance.
By revoking the chance at a parole hearing for as much as 15 years, Proposition 9
invites constitutional challenge. By layering new requirements on prosecutors to
notify the families of crime victims at every stage of proceedings, it may create
huge new public liability. It replaces a system run by impartial prosecutors, judges
and juries with a system that places those with a desire for vengeance in the
position of dispensing justice.Resources better spent on prosecuting criminals will
instead be devoted to challenging and defending these newly created rights, many of
which prosecutors and defense lawyers predict will be found unconstitutional or at
least unenforceable in any meaningful way. In an internal report, the Los Angeles
district attorney's office predicts "significant litigation on virtually every
aspect of this initiative being filed."When will we ever learn?
Sunday, November 9, 2008
Wednesday, October 29, 2008
beginning
Mornings in limbo
miles traveled through snow
latitude lines
hotel parking lots with fake mills
pumping stale water into ponds
filled with pennies people left behind
hoping to make wishes come true
I imagine this to be different
your migration was swift
hoping not to be seen
you moved through the night
baby in belly
you held everything close
tried to stay warm
strong
alive
by the time you reached where you were going
things
laws
had changed
and no one came looking for you
only while sleeping did you hear
the distant barking of dogs
your own feat
hitting hard on soft ground
a deafening heartbeat
I have these dreams too sometimes
the genetic imprint you left passed to me
still find myself
running
searching for someplace
safer than this
home maybe
And why do I remember at times like this
always while traveling
always by water
always in the morning