Wednesday, June 18, 2014

The Road Often Traveled

There is a petition on WH.gov that seeks signatures for the purpose of restoring basic rights to the literally millions of ex-convicts who lost those rights due to their convictions and prison terms. Most people can tell you about the bigger items of disenfranchisement that occur when you are convicted of a felony. Many know about forfeiting your right to vote in many jurisdictions, your right to right to own a firearm even for protection and depending on your conviction, your right to hold certain positions either in the workplace or public office.

What people don't know is how much deeper it is than just the two or three examples that some people can come up with. Being an ex-prisoner is like being a tourist in your own community. I use the term ex-prisoner because the term ex-convict is a misnomer. Its a term that doesn't actually mean what most think it does. In this country, you are NEVER an “ex” convict. You are a person that has been convicted of a crime that has either served your “debt” to society or did not get sentenced to jail time. Release from prison has absolutely nothing to do with that label “convict.” In very, very, exceedingly rare cases (if you are not white, rich or know too many secrets to be allowed to write a book) you can apply either to your governor (in state convictions) or the President (federal cases) for a pardon but pardons are subject to restrictions that vary from state to state such as only being applicable to arrests that do not lead to a subsequent conviction or smaller, less serious crimes such as forgery, voter fraud, embezzlement, see where I'm going, basically “white collar” crimes. It is designed that way to allow the lighter skinned crooks free reign to continue being crooks, just be better at it the next time. Pardons are also given rarely to those who have stayed out of prison for a lengthy time that varies from state to state with no more contact with the criminal justice system. Maybe one out of every 100,000 of these are granted. I'll have to look up the stats to find out the true numbers, but trust me, you have a better chance of being attacked by a brown bear and a polar bear on the same day you were attacked by a shark, on the beach. If you are black, and your crime is anything more serious than say you stole a bike at 16, you have a better chance of hitting the Powerball and MegaMillions on the same day. In other words, yeah its possible but HIGHLY unlikely.

That being said, you are never going to be an ex-convict. Now that you have that scarlet C branded on your forehead, what are your options? Well to be honest, you don't have many. Lets talk about housing. You can't live just anywhere as your conviction bars you from any housing complex that accepts federal dollars (notice how I used a euphemism for the projects) Yes, you can't live in the worst places in most cities. A lot of people think it only applies to drug cases, that's not true, it also applies to “violent” crimes of which we all know the biggies, Murder, Kidnapping, Armed Robbery, etc. But guess, what, the term “violent” means many things to many people, in some jurisdictions, its burglary, some its car theft, if you have a weapon with you. Its possession of a unregistered firearm. I don't know about you my readers, but I don't know many ex-prisoners that don't have one of the two types of convictions, especially black ex-prisoners. A common tactic used by prosecuting/district attorneys is to load black defendant's up with every crime that they can think of that could possibly stick. That's how a lone shooting, or burglary, or theft ends up carrying 100 years in prison. If the defendant is white, there is an effort to find the least serious crime that fits the fact, but that's an article for another time. Its not just what happens at sentencing that is unjust and outright racist, it begins the moment the police read you your rights. So most of your guys that you know just got out the joint are living with their baby momma, Mother, girlfriend, or family and are NOT on the lease. That's allowed as well as it creates the perfect trap for catching and developing snitches. Police pull up to her door, tell her they want information on this or that, if she refuses they tell her that she knows its a violation of her lease to have Bobby living here and they can evict her tomorrow (actually they can't but most people don't read their leases further than how much they have to pay).

We already know and have been exhaustively inundated with stories of employment discrimination by unscrupulous bosses. From forcing those on parole/probation to work longer hours for no pay knowing that a call to the ex-prisoner's PO will result in his going back to prison. If your check is short, who are you going to complain to? You can't just quit as part of your parole/probation agreement is you remain gainfully employed. But what if you can't find a job? FIND A JOB!!!!! Or go back to prison/jail. But Jalal I see/know plenty of ex-prisoners that don't have a job, did you ever ask them if they are in violation of their parole/probation? Many remain on the street because one, there's no place to house them, two, the authorities know its just a matter of time before they commit another crime or three, its not that important. The revolving door as always turning, its a never ending money pit for the powers that be. More ex-prisoners on the street, more money we can ask for in police presence especially if they are all in one place. The more enterprising of these brothers cannot even start their own businesses due to the fact that depending on the profession, many require licensing by the state they are in. For example, in Texas, you are disqualified from selling insurance, real estate, liquor, candy, among other things on a list so long it would be twice as long as this article. You also cannot be a fireman (why after a conviction you can't run in a building to save a life I'll never know), policeman, probation officer, counselor (in most places, some will allow you to be a therapist/assistant). You also are precluded from being licensed as a cosmetologist, social worker, PhD, MD, or J.D. (attorney). You can't be a member of the bar so being a “certified/licensed” paralegal is prohibited. Basically all the professions that would allow the ex-prisoner to raise his standard of living so that he does not have to commit crime just to eat every day are removed from possibility.

Lastly lets deal with the intangible effects of a criminal conviction. These are effects that are not codified in any law, rule or regulation. What happens when you are an ex-prisoner is that you immediately become index-able. You become visible in that electronic frontier called the world wide web. That has drastic effect upon not only your housing/employment opportunities but also to whether you are accepted in large swaths of this society. With the growth of businesses like Emily's List and InstantBackgroundCheck, or as I call it niggawitagun.com, now anyone can find out exactly who you are and what you were charged with. This has ramifications well beyond the noble and intended function of not wanting a sex-offender repairing your child's ceiling. It also means that if your name comes up at all, possible business opportunities simply move on. It also means that there are now maps that show not only where the rapist/child molesters live but also where the armed robbers live and burglars live. Hover over a name and up pops his criminal history with everything but the most important thing, THE DATE THE CRIME WAS COMMITTED. So now you live on the same block as Sammy the baby booty bandit who just got out last month and you haven't committed a crime in 30 years. You'll notice also that there is curious effect that I call convict redlining. All these individuals usually live in the same areas of town. They are pushed into these areas and people are surprised that the crime rates are decidedly higher in those areas. Also read into the fact that sex/violent offenders cannot live within a decidedly ambiguous and arbitrary number of feet of a school. What is a school, anything they say a school is, after school programs at the community center, school. Weekend bible study at church, school. If you own a home and the street is rezoned for a elementary school across the street in that vacant lot, guess what, YOU HAVE TO MOVE. So you sell your home and decide to move to the 'burbs. The first thing that the homeowner's association is going to do is run a background check on you and by law they don't have to accept you. Because more of us don't own our homes, we never think about how quietly these associations have grown in power to the point where even if you somehow make through the mortgage process, they are that last line of defense. It even trickles down to apartment complexes. High end complexes won't let you rent if your car has rust or a broken muffler, even if you somehow dodge the whole “felony conviction” thing.

To make this even more personal, let me tell you about an incident that happened to me. My son turned four and in Texas that means he could go to preschool. Now since we live in an upscale part of Dallas, down the street from Deon Sanders, around the corner from a few Mavericks, there is serious MONEY here. I'm just playing the sidelines trying to provide a better life for my kids, you know the usual Amerikkkan dream bullshit. The preschool he ended up at is surrounded by upscale homes, the students dropped off in Benzes, Beamers and the occasional Rolls. (Google Frisco, Texas you'll know what I mean) I could care less about any of that, I drove up in my Dodge and didn't bat an eye. To say my son was one of the few black kids is an understatement, maybe 15, 20 in the whole school. My kid is friendly, not too militant (yet) and made lots of little white friends. On one occasion, the school had a parade in the school for all the little kiddos to show off their artwork. My wife couldn't get off so I said “what the hell” I'll go, its my kid. Now this is one of those schools that looks normal from the outside but go through the bomb proof doors on the other side of the concrete car stoppers, its a virtual prison inside. You have to be buzzed into the office. No just walking down the hallway. Must provide your DL to see your own child. But this is where shit went left. When you provide that DL, they do an instant background check. Guess what mine showed, yep, you got it. Additionally let me explain the insidiousness of the process. Many states have combined Sex/Violent Offender databases, that means that the batterers are lumped into the same list as the molesters, the armed robbers with the rapists. So what you say, well when you go to the registry it is emblazoned across the top SEXUAL PREDATOR and violent offender registry. Most people don't dig into your profile to find out that you were just a shooter, they don't have to. The simple fact that they see predator is enough for them to move against you. I have a real good friend that was denied initial entry into a union due to a lowly paid functionary that only saw sexual on the top of the list and assumed that he was a rapist. He got it straightened out and now he's a journeyman electrician that makes over $50 an hour, but how many people don't get the benefit of the doubt? Back to the story, the principal pulled me into her office and told me that in order for me to stand in the hallway with 30 or 40 other parents to watch a five minute procession of 4 year olds, she would have to “escort” me. So here I am being “policed” by a 5 foot nothing inch, 100 pound, with a brick in her pocket, white woman whose there to make sure that I didn't “cause any issues,” as she put it. Like I would come to the school to commit a crime in front of my kid. I was bracing myself for her to ask to frisk me.

Its kind of amusing to me as I know the fear that even a nice guy like me can engender in the average white person. That is what it is like to have that weight around your neck. That's the kind of experience that is not written about in the media or in books about the struggle. Those are the “death of a thousand paper cuts” that brothers go thru every day just trying to stay out of prison. So would I sign a petition that called for the rights of ex-prisoners to be reinstated, hell to the yeah, I would. Removing that disability would mean that my family and I could live wherever we would like and it wouldn't depend on whether or not the “community” accepted them and not me. It would mean that if some fool enters my home at 3:00 am with malice aforethought I could meet him with hollow points and not have the first question by the police be “do you know you are not allowed to be around firearms?” It would mean that I would be able to enter school grounds without a “bodyguard” being present. It would mean that when my name is ran through a thousand databases around the U.S., the first thing that pops up won't be ex-prisoner. That would mean that my chances of getting a loan for a mortgage or a vehicle won't be dependent on my criminal history. (oh, you didn't know that loan companies run background checks, you betta recognize) That would mean that when the police pull me over for a broken tail light when they run my license it won't buzz telling them that I'm a dangerous ex-prisoner that needs to be approached cautiously (read: that means keep his hands in sight and your hand on your weapon cause this nigga crazy) That would mean that I could raise my voice without seeming even more threatening that most brothers and sister are already. What that would mean in the end is I would be discriminated against, hated, feared, and discounted because I was a black guy like everyone else, not a black guy with a felony.

Drops mic, walks from stage, drippin blackness.