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Posts Tagged ‘Hillary Clinton’

Justice is really not America’s stuff. Perhaps because politicians don’t care.  As decrepit, insufficiently founded and poorly functioning as the justice system is, there is little interest in reforming it. Fixing the justice system is never a priority amongst the topics of a presidential campaign. At least,not the campaigns I have attended since 1992.

Last night, out of curiosity, I googled the sentence “justice reforms in the campaign of Donald Trump” and in the campaign of Hillary Clinton. Not surprisingly, there is nothing of interest on Trump’s side. The poor fellow does not even understand the issue. For him, “justice” is about crime and punishment. Check it out.  The entries you get are “lethal injection is too comfortable”, “tough on crime”, “taking care of the bad dudes.” In other words, non- sense that have produced the poor outcomes the country is dealing with like massive incarceration rate,  and incarceration of the wrong guys, like Kalief Browder. Kalief Browder was innocent, refused to take a plea, spent three years in Rikers Island waiting for a trial, most of the time in solitary confinement and ended up committed suicide. That’s for the criminal justice system. With the family court system, divorced fathers have to go through marathon trial that last more than six years. And they loose access to their kids in the process.

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Kalief Browder (Photo ABC News)

With Clinton, we are in the realm of glittering marketing. One entry in Hillary for America site is “Racial Justice.” There, in a page with the  heading “America’s long struggle with race is far from finished,” you get a list of what President Clinton will do if elected. All of these goals are intrinsically worth pursuing. I see however two problems tough with this program that bear with credibility:  President Bill Clinton has implemented policies, like the 1996  welfare reforms- that have screwed the poor – blacks among others- left and right. That Hillary Clinton, who has not taken issue with the policies of her husband, may now stand as a champion of “racial justice” is a breathtaking legerdemain. Second, there does not seem to be much money involved in Hillary’s program, besides that for “doubling the funding for the US Department of Justice Collaborative Reform program” whose aims is to improve and train police practices. It is obviously necessary, but well short of the task.

What I ‘d like to see in a candidate’s program to reform justice is significant resources to fix the structural flaws of the system. Let me give you an example.  Bryan Stevenson is a lawyer who represented hundreds of people on death row pro bono. He has taken care of those who have been unfairly treated by the justice system for lack of means, lack of education, racial prejudice etc. He moved to Montgomery, Alabama. Stevenson also created an organization called Equal Justice Initiative, which now operates nationally and employs 17 full-time attorneys. The financial future is temporarily secured thanks to …grants from private foundations.

When the work of organizations such as Equal Justice Initiative will not rest on charitable donations but on taxpayers money, there will be some hope the justice system will be seriously reformed… and racial justice taken care of as a result.

 

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I just came across a distressing CNN report about fathers trapped in debt for non-payment naplesnews.comof child support. At first, it sounds there is nothing new here that we have not covered in this blog. In New York State, if you can afford a divorce in Supreme Court, you buy your way into sharing the life of your children. If however you have the bad  fortune of being poor, you have to end up in family court. There, being a father entails one and only one duty: paying child support. Having a role in the life of your children is just an option , which depends on the good grace of the judge, your ex or both.

The  CNN Vega’s piece mentions a new aberration in New York State family justice. Some fathers, who for whatever reasons- unemployment or low wages (family court judges don’t seem to be aware of the stagnation of real median wages over the last two decades) cannot meet child support obligations, and end up behind bars. We are not talking about the relatively mild detention conditions of a county jail here. Fathers are graciously housed in Rikers Island. They obviously don’t make a dime while incarcerated and their child support debt keep mounting, which dramatically increases their chance to never being able to expunge it and to return to prison after they are set free. President Obama tried to stop this absurdity  in 2010 by passing a federal law that would reclassify incarceration as involuntary unemployment -instead of voluntary- and stop child support debt from accruing.

Hillary Clinton, who as a Senator of New York has never left a finger to reform the aberrant family laws of the State, is now attacking discrimination against men in child custody as unconstitutional. Dear Hillary, it took you a while. But fathers all over the country are waiting for some real meat,not just words.

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There is apparently in this country a building consensus on reforming the criminal justice system.

Photograph Gilles Clarke, Getty Images

Photograph Gilles Clarke, Getty Images

Perhaps it started with the Milwaukee Experiment, which Jeffrey Toobin related in a May 11 article in the New Yorker.  John Chisholm, the District Attorney in Milwaukee County, singlehandedly decided to correct the imbalance of the American justice system which sends a disproportionate amount of young Afro-American people for minor drug offenses in prisons.  Chisholm started to ask that prosecutors’ success be measured by their performance in reducing prison’s population, and not the opposite.

In New York State, the “Raise the Age” movement has focused on changing the law that sends juvenile offenders in jail at 16. Chief Judge Jonathan Lippmann, Chief Judge of the New York State Court of Appeals, has been advocating for five years to raise the criminal age in New York to 18.  Lippman was heard by Governor Cuomo, who is now trying to gather support for his bill to raise the criminal age.

Interestingly enough, as the readers of this blog well know, a 16 year old is a criminal in New York State but not exactly an adult before 21, since non-custodial parents have to pay child support until their offspring reaches this age. Consistency would require raising the criminal age to 21, or freeing non-custodial parents from child support obligations when their children are 18.

This brings me to my next point. A very interesting article in the April 20 New York Times describes how divorced fathers -mostly in North Carolina and Georgia- go in and out of jail for child support debt, are denied jobs for that reason, and are drawn to poverty for life. The title tells it all: “Skip Child Support. Go to Jail. Lose Jobs. Repeat.”

It is definitely a good thing to empty jails of young people, provided one does not keep filling them with their fathers, thanks to unfair child support laws. I can’t wait to hear Governor Cuomo’s thoughts or Hillary Clinton’s on that one.

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Hillary Clinton stepped in the Presidential race yesterday, Sunday April 12 2015, stating that “when family is strong, America is strong.”

Exactly the kind of line that gives me the creeps. The topic of family in politics is indeed always and everywhere sulfurous; It is the favorite topic of the far-right, who sees family as the repository of traditional values; it is for sure the topic of those who do not have much to say about policy in general, except that the essence of government is not to interfere with individual liberty.

The problem with family champions of all kinds is that they have to come from “above-reproach families” or be hypocrite. That makes life difficult for a lot of good folks who have interesting ideas beyond “making family stronger,” like Chuy García for instance, who is running for mayor in Chicago. Two weeks before Hillary’s official launch of her presidential campaign, Phil Ponce, a WTTW’s anchor, was rubbing into Chuy García’s face, the strong- family argument:  “Your son has been a gang member. Is he still one? If you could not control him, how dare do you pretend to lead us?”

I also wonder in what way policies aiming at “making family stronger” would help the cases of Michael T. Slager and Walter L.Scott. The former, a cop coming from a divorced family according to an April 13  New York Times article, shot the latter eight times in the back as he was escaping arrest. No reason whatsoever to shoot the man, Walter L. Scott, who happened to have the bad luck to owe $18,104 in child support, was facing an arrest warrant for it since 2013, and was scared to be arrested.

Why doesn’t Hillary Clinton leave the “strong-family thing” to the guys running against her?

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Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?...' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.