WHO IS A POLITICAL ? By RON RIDENOUR

RoN REDENouR, a graduate of California State College at Los Angeles, is the former head of the Committee United for Political (CUPP). A writer by vocation, Mr. Ridenour has published several articles, short stories and pamphlets. Most recently, he has published "A Man Who Lived Underground, A Critique," a literary criticism on Richard Wrights work by the same title (publishedin PHYLON, Review of Race and , Spring 1970) and "A ffluency's Answer," a short story which has been selected by Houghton and Mifflin as a "Distinctive Short Story" in Best Short Stories, 1970. Currently work- ing on "Who Is a Chicano," Mr. Ridenour hopes to soon add this to the work he has already done in this area, one of which is "The Fire This Time," an exposition and critique of the Watts revolt in 1965.

INTRODUCTION does. In addition, we will look into the. phenomenon of as applied to HEN MOST AMERICANS think of the W political prisoners, and what should be term "" they en- done to eliminate the institution of politi- vision the gallows of medieval times when cal prisoners. Galileo lingered, or the concentration camps of fascist Europe, or perhaps the WHO IS A POLITICAL PRISONER? dungeons of Mexico where the world renowned painter Siguieros dwelled for DURING 1969 there were 7,500,000 ar- "social disillusionment." rests, excluding traffic violations, accord- It would be "un-American" for most ing to the Uniform Reports for the of us to conceive of Americans incarcer- by J. Edgar Hoover.' Of ated because they differed with the cur- those 40 persons arrested per 1,000 popu- rent government's thought or the contem- lation, 4,989,700 .were for major felony porary popular opinion. We would think offenses reported to law enforcement so because this is one country which was agencies. The government keeps no pub- conceived in freedom where men die to lic figures on the millions of misdemeanor assure the perpetuation of the Bill of and arrests. Rights at home and, for that matter, die Who are these people arrested? Where to institute "freedom" in foreign lands, do they come from? What reasons are whether or not those countries request is there for these crimes and arrests? or appreciate such "aid." Of those arrested for felonies, 28% However, United States history as well were black and 69% were white. How- as today's reality belie this belief, this ever, the government includes Puerto ardent faith. Ricans and Chicanos as white. In Cali- This government holds people behind fornia, of the 28,462 persons (15% of steel bars because of political opposition the nation's prisoners) in state , 2 to the system. In substantiating this con- 26.4% are black and 13.4 are Chicanos. tention, we will define the term "political prisoner," determine who he or she is, I Hoover, 3. Edgar, "Uniform Crime Reort for the United States," United States Government Printing ascertain where he or she comes from Office, 1970. 2 "California Prisoners 1968," Human Relations Agency, and why he or she develops, and discover Department of , (Sacramento, California, what happens to him or her and why it 1969). PAGE 18 THE BLACK LAWe JOURNAL PAGE 18THE RLACK LAW JOURNAL It is estimated that those minorities con- institutions be allowed to own and control stitute 15% of the nation's population vast areas for their own uses, which may while comprising 43% of those arrested not be either in the interests of the public and imprisoned. or even related to its concerns? Should Most "criminals" are poor people, some people be able to own products white and non-white. They are usually produced by masses of workers and sell jobless, or underemployed, semi-skilled, them at a profit for their private uses? If "cheap labor," escapees into dope, inno- the collectively produced wealth were cent victims of racist policemen or a spread around where few people (owners white , and some are political of 76 corporations, for example, which people. control 60% of this economy which in Only eight per cent of the "criminals" turn represents 60% of the world's were arrested for crimes against persons. wealth) 5 could not own so much, then Most "crimes" are against property or robbery, burglary, mugging and related values: 20% were for crimes against crimes would not be necessary and, in property, 49% were against "public de- short order, would vanish. were against Even J. Edgar Hoover, in analyzing cency and order," 11% '3 "morals," and 12% were "all other." the reasons for crime increases, recog- Thus the vast majority, 60% or more, nizes the role that the social structure are persons arrested for alleged crimes plays in determining crime. In his 1969 against morals, decency and order. These report, he gave as reasons for the in- are charges of prostitution, homosexual- creases: "economic status . . .attitude ity, disturbing the peace (used extensive- of the public toward law enforcement ly against political people), illegal assem- problems . . . "6 bly (remember the ghetto and barrio re- bellions and Sproul Hall, etc., etc.), tres- THE MAJORITY of "crimes" in this socie- passing (People's Park), drug charges, ty are results of elitist relationships be- and the like. tween people. A profit oriented economy, (Of the millidns arrested, only a frac- by its very nature, must be exploitative- tion become prisoners in state or federal some must profit from the majority's institutions, and these are only felony labor. Most of us cannot be owners of cases. The latest available figures [De- production, for then there would be no cember 31, 1967] indicate that there one to produce the profit. This economy were 176,000 state prisoners and 19,579 also demands rule by a minority. There- federal prisoners for a national total of fore, the state must assure that laws are 195,679. This represents only one in 37 created and enforced which favor the arests. )4 rulers. Most crimes are committed by the Most crimes, then, can be considered ruled who are acting against the special "political" or cultural. That is, crimes interests of the few, out of the need to where no one is harmed but where con- survive. The bulk of crimes are therefore cepts clash. Thus, trespassing is an act forced upon the actor due to the design against private property, of large land of the capitalist system, which demands holdings and of industry, usually. It's not that most of the people produce luxury a question of invading the use of one's for the few while denying adequate ma- personal property such as a home but terial and spiritual needs for the many. deals with the question of ownership of Unemployment becomes necessary to the means of production. For example, create and maintain, in order to threaten should people in Tucson, Arizona be al- lowed to use the vast lands of the univer- 3 Hoover, op. cit. 4 Ibid. sity there for congregating, for relaxing, 5 Lundberg, Ferdinand, The Rich and the Super-Rich, for living? Should anyone be able to walk (New York, Bantam Books, 1968). Also see Fortune Magazine annual description of who owns what in the on the beach, or anywhere, or should big Summer editions. businessmen and and church 6 Hoover, op. cit. THE BLACK LAW JOURNAL PAGE 19 THE BLACK LAW JOURNAL PAGE 19 the work force's potential power to erode chiefs across the country openly state 8 the owner's profit. Racism is created and that they wish to "eliminate" the party, used to divide the united might of the it is not difficult to understand the Pan- poor, thereby maximizing the power of thers' cry of "political genocide." Hoover the financiers and industrialists. Subju- coordinates federal and local raids gating women and forcing them to be against their headquarters throughout the servile also enhances the profits. land, usually looking for weapons. Some- Thus, the materially hungry must steal times they find weapons, the same kind to survive, and the spiritually hungry that millions of Americans proudly hang commit anti-social acts because their hu- in their living rooms and dens. Their man needs cannot be met in a property right to bear arms (second amendment oriented state. to the ) is a right denied op- While it is impossible to determine ponents of government policy. In the how many people are arrested or im- past two years, more than 30 Panthers prisoned because of the reasons outlined, have been killed by warfare. More it is a fair estimate that somewhere than 400 are imprisoned. Clearly the around 90% of the "crimes" committed case can be made that Panthers are not would not be either considered crimes or only political prisoners but prisoners- of would not occur in a people oriented . The government is conducting an- society (see section entitled, "What is other one of its undeclared or police Needed?). actions. We have essentially categorized al- Bobby Seale and Ericka Huggins are most all persons considered criminals in on because they are dangerous our society as victims of the elitist socio- thinkers, because they influence people economic-political system of racism and to believe differently from the govern- capitalism. Let us focus in on the politi- ment. They are charged with instructing cal prisoner, that person harassed because peopld to commit a crime, with cofnspir- of his political and social attitudes. There acy to murder. But the confessed mur- are two kinds of "crimes" in this arena: derer, George Sams, is a mental patient 1) exercising certain beliefs and 2) vio- and is viewed as a police agent (or in- lating a specific law suppressing the basic former) by millions of people including "petition,rights of free expression, i.e., assembly, such diverse political figures as Huey etc. Newton and Stokely Carmichael. And The first type of is not now the murderer of a Panther in good on the books; it is not considered possible standing, Alex Rackley, is the prosecu- in our society. But when pacifist members tions' star witness. of the clergy are accused (some while In short, we are saying that the multi- already in jail) and arrested for allegedly farious police agencies (whose main role conspiring to commit acts of violence in society is to serve and protect the big against persons - kidnapping a govern- propertied interests) conspire to elimi- ment official - it would be dificult to nate some voices that get too strong, that convince most rational people that these become too effective. Eldridge is in exile, peace activists are not being persecuted Malcolm, Evers, King and Salazar are for their views against the U..S govern- conveniently silenced and thousands ment's war policies. The government more lie quietly in morgues or rot in seems to be saying, "hands off our war." prisons for crimes not quite clear. Some, like Deadwyler and the Sanchez cousins GRANTED that the Black Panther Party (Mexicans in East Los Angeles), die for is an activist organization, most of its getting in the way of "officers in hot actions are "serving the people" programs like feeding, clothing, and transporting 7 Hoover, J. Edgar report to the 1970 Congress. people. When J. Edgar Hoover sees the 8 National Police Association Convention, Summer 1970. 7 See various media accounts, newspapers (Los Angeles BPP as "enemy number one," and police Times) and television. PAGE 20 THE BLACK LAW JOURNAL PAGE 20 THE BLACK LAW JOURNAL pursuit." But no officers ever get tried, tence." It was Jackson's first "adult convicted, or sentenced. Marge Buckley, crime." Ten and one-half years later he 1970 Peace and Freedom candidate for is still in Soledad . He remains attorney general, in an interview with there because he became interested in the Los Angeles Free Press, October 30, the plight of his fellow man. He tried 1970, said: "There are 55 known police to force the issue for integrating the T.V. killings in Watts since Deadwyler (mur- room which many white inmates and dered by police in 1966 )and not one guards resented. Jackson committed no police officer has been prosecuted for violent or criminal act while in jail yet them." he has always been passed over by the board.9 The parole board personnel are ap- THE SECOND major kind of "crime"' pointed by the Governor and are usually that social changers may commit which the upper strata of society, wealthy men will land them in jail concerns conscious who view "criminals" as threats to their or unconscious violations of political own power. They decide who should and laws. Some of the more recent ones are should not go free, making the rules as the anti-conspiracy law, the renewed they go. Because Jackson did not con- Smith Act, the Rap Brown law, inciting form to the racist prison system, he was to riot laws, laws against workers exer- singled out as one of the three scapegoats cising muscle - Taft-Hartley, Wagner for the death of a prison guard. and others - the Walter McCarran im- Jackson's early life is typical of mil- migration law and many more. These lions of "disadvantaged" (oppressed, are the laws which allow the government colonized) youths. He was engaged in to deport millions of "undesirable" citi- petty theft out of hunger and frustration, zens (Mexicans and southern Europeans, he was given racist advice by an incompe- political activists as well as the unpoliti- tent attorney, and sentenced to the cruel cal), jail students for illegally assembling and usual penalty of an indeterminate or trespassing on public grounds, try life . In prison his mind turned movement people in Chicago and Seattle from lamenting about his own situation, for conducting embarrassing demonstra- and he began adopting an overview of tions exposing corruption and lack of life and a determination to change the democracy in our country, prosecute op- lot of his brothers and sisters. This ideal- ponents for being Communists or "crimi- ism might have been triggered when he nal syndicalists," and jail and file workers went to watch television. It was not at for "illegal" strikes or for demanding "too Howard Johsons, mind you, that he much" of the profit. was chased away because he wore black Now that we know who we're speaking skin, but it was the most unimaginable about in general when we talk of politi- occurence, that the "wretched of the cal prisoners, let us look at some indi- earth" refused him this simple diversion. viduals and find out why they are pris- The absurdity, the stupidity of this in- oners. significant racist denial might have been George Jackson and Angela Davis are just enough to illuminate for him the two prime examples of contemporary vic- absolute necessity of destroying this sys- tims of an unjust system of law. Each tem and starting anew. comes to this status through different paths. TODAY, those politically conscious pris- George Jackson was sentenced to one oners, or those immediately open for con- year to life for the petty crime of being sciouness, include far more than con- an accessory to a $70 robbery of a gas station. He was 17 years old and black. 9 Information on George Jackson was mainly collected from the literature produced by the Soledad Brothers His public defender attorney advised Defense Committee, P. 0. Box 31306, San Francisco, him to plead guilty and get a "light sen- California 94131. THE BLACK LAW JOURNVAL PAGE 21 THE BLACK LAW JOTIRNAL PAGE 21 victed activists or movement leaders. U.S.A. (to which she belongs) in the Non-white people, regardless of their October 27, 1970 issue of Nommo material or status success, are still con- (UCLA black weekly) said: sidered "niggers" and are always subject It was a fight which understood that to the most inhumane treatment. The fact Angela, as a black woman involved in that any cop on the beat can a her people's struggle for liberation - as senator and get away with it (State Sena- a Communist - could not be tolerated by the corporate-racist power structure and tor Merv Dymally was beaten by a cop must be pushed down from the heights when thousands demonstrated against she had attained ... the attempted massacre of Panthers by Angela Davis' life is at stake. J.Edgar police December 8, 1969) should attest Hoover himself thought about arresting to that singular fact. And more and more Angela. Nixon virtually convicted her in of the Black and brown one sentence. On October 15, when sign- middle-class realize that. ing the Control Act of Material comfort and a title cannot be 1970, he said that the seizure of black equated with freedom, dignity and self- militant "Angela Davis by the FBI should pride. The fact that most of the .major be a warning to those who engage in leaders of social change movements and these acts that they eventually are going political prisoners are the more privileged to be apprehended."" in society, the more educated, illustrates that "success" is not the measure of the person, nor is it adequate for a meaning- NOT ALL political prisoners are reactors ful life. The story of Angela Davis per- to the evils of our society, some are re- sonifies this point. actors to those seeking social change. Miss Davis came from a middle-class James Earl Ray is a case in point. Ray's family and received the' best education act of murdering Martin Luther King white society had to offer. She even was a political act. He did not murder traveled to Europe for some of her formal simply for money, or, at least, his em- education. But she never was allowed to ployers did not. They murdered for socio- forget that she came from a subjugated economic-political reasons. people. Her humanity would also not Rev. King represented- something allow her to deny that the four girls mur- reprehensible to his murderers because dered in the bombing of a church in her he fought against racism. Presuming his home town (Birmingham,, Alabama) killers wanted to continue the system of were of her own. No matter that she racism, of separation of peoples, they did could climb the heights of the tallest so in order to profit from this division. mountain, she would always be eligible While their act was political, it was also for assault, false , murder racist, exploitative, and oppressive. The or unemployment by any white authority. of facism is political but we Any stray bullet meant for any of her certainly cannot view an oppressor's people could pierce her black skin."° political acts of terror, genocide, and re- It was Miss Davis' comprehension of pression as we do the struggles - in self- this cold reality which led her to study defense or otherwise - of those attempt- the causes of racism, of exploitation, of ing to overthrow an oppressor. The oppression. Through acting and book master has no rights the slave is bound learning she saw the socio-economic sys- to respect. tem of capitalism as the main cause of Thus we would include the conscious the basic evils. or unconscious puppets (tools) of re- Most blacks and many brown and pression in the category of political pris- white people considered the struggle for 10 Information on Angela Davis was largely gathered from Angela Davis to teach to be part of the literature produced by the National Committee to Free fight for Black Liberation. The Che Lu- Angela Davis, 3450 West 43rd St., Los Angeles, Cali- fornia 90008; also the Los Angeles Times. mumba Club of the Communist Party 11 Los Angeles Times, October 15, 1970. PAGE 22 THE BLACK LAW JOURNAL PAGE 22 THE BLACK LAW JOURNAL oner, if they are arrested, not in the sense have been deported from the land they of someone denied his rights, however, once owned, Southwest U.S.A. but in the sense of someone who commits Contemporary disparagers or fighters an anti-social (inhuman) crime for po- for radical change should remember litical reasons. their history. We should all recall the Most U.S. political prisoners are words of the press, the New fighters for the right to live, and are York Union, which said, in 1836, when denied the rights guaranteed them under 25 tailor unionists were brought to trial the Constitution. They are not committing on charges of "conspiracy to injure trade, acts against humanity but, on the con- riot, assault, battery:" trary, for humanity. Minutemen, KKK- If an American judge will tell an Ameri- ers, Nazis and their like are overanxious can jury that these barriers (referring to in their support of the imperialist system. unions) which the poor have put up to Some of the more trigger happy must protect themselves from the gnawing avarice of the rich are unlawful, then are be jailed, currently, to perpetuate neces- the mechanics justified as our fathers were sary illusions of a pluralistic society, one justified in the days of the revolution, which tolerates no violence, except offi- arming for self-defense. cial violence. The government in 1835 tried those Nazis, racists and other reactionaries fighters with the same "crime" as it is have almost never been prosecuted, how- doing today against the Black Panther ever, Militant workers, minorities, radi- Party, SDS, Brown Berets, thousands of cals, communists and progressives are al- students, communists, homosexuals, radi- ways the target. cals, Puerto Ricans, Chicanos, native Americans, and militant trade unionists. HOW DOES A POLITICAL Hitler began his "legal" career by out- PRISONER EMERGE? lawing communists in 1933, six weeks later he found liberals (social democrats) FORTUNE MAGAZINE, as long ago as illegal and then he launched his all-out 1956, estimated that 20,000,000 Ameri- protracted attack on Jews, trade unionists cans (one in seven )are subject to fed- and Catholics. Any out-of-tune voice be- eral security investigation. The figure to- came a "communist." day must be much greater. This phe- nomenon develops from repression against rebellion over economic inequal- A forces people to be- ity and political powerlessness by the come informers against strangers, ac- mass of people. It becomes a crime to quaintances, friends and relatives. It em- advocate economic equality, political ploys techniques now in play in our so- parity, and social cooperation since capi- ciety. talism demands the opposite. Netting political prisoners includes The attempted outlawing of the Com- methods of police infiltration into the munist party coinciding with United ranks of peoples' organizations. Fre- States' cold war with the quently these infiltrators "suggest" that brought about more repression in the the group undertake illegal activity such 1950's. There have been similar periods as arson, bombing police stations, botani- in American history. The Alien and Sedi- cal gardens, department stores or what- tion laws had Jefferson supporters jailed. ever. There are increasing numbers of In the 19th century, millions of slaves such "legal" agent provocateurs. and abolitionists were imprisoned. Slav- Recently a "Weatherman" FBI infil- ery was a $3 billion enterprise. Protestors trator spilled his guts in the Seattle 7 con- of the Mexican war were jailed. The spiracy trial. The spy, 33-year-old Horace Palmer raids grabbed thousands of po- L. Parker, testified that he acted under litical opponents. Millions of Mexicans the FBI's instructions when he bought THE BLACK LAW JOURNAL PAGE 23 five pounds of potassium chlorate and whites and non-whites on a color basis gave it to the Weathermen, offered to while the state's structure and laws are supply dynamite and bought two cases of based on class divisions. it with FBI money (taxes), provided the In the black community, there is in- leader of the small group with an illegal creasing cognizance that the laws are not.. tear gas gun, conducted firearms and meant to serve the people. In fact, there sniping instructions, contributed a .22- is a contradiction between protecting the caliber automatic rifle and tear gas to laws and protecting the people. Daily them and, in general, acted to provoke confrontations with police in non-white illegal and violent acts. He also took communities is a strong indication that drugs and distributed them widely to his the victims are no longer tolerating their 13 radical "friends." He even became suppression. He went so far as to Repression becomes more desperate as hooked on drugs. 12 recruit for the Weathermen group. the people awaken and rebel. Many It was after this testimony, pried out whites are becoming aware of the con- by defendant Charles C. Marshall who tradictions between the laws and the was defending himself, that the judge people, between the governors and the declared a mistrial. governed, between unity of people and The last thing Parker told the court racism. In Gary, Indiana, 1,000 dele- was that he would go "to any lengths" to gates representing 140 community or- "get" the defendants, including lying. ganizations formed a congress of groups Why is this agent so anxious to "get" seeking social reform recently. The local these young people? Do traditional Democratic party leader said about it, American rights of privacy no longer ap- "It is a radical group representing a force ply to those seeking change in our so- comprised of alien persons with back- ciety? grounds of highly questionable natures The anti-conspiracy law is another who form the embryonic stages -of a method used to silence dissenters. It al- revolutionary movement. 14 What really lows enormous flexibility to charge an upset him, and the local establishment, alleged conspirator; it functions as a legal was not that they were "aliens" but that catch-all. The law reads that even in the they were the backbone of'the nation, absence of evidence that can tie the blue-collar white workers. "conspirator" physically to the scene of The general brutality and deliberate the "crime" he is guilty. Also guilty is racist provocation by prison officials en- the person who does not even know the acted to maintain hatred between whites other "conspirators" nor do they need to and non-whites is a constant fact. In have spoken with one another in any city, county, state, and federal jails po manner. All that must be proven is that lice beatings, murder, medical neglect, they intended to, in some way, break and contamination of food are as bad as some law, no matter how miniscule. The anywhere in the world. In 1969 there Chicago conspiracy trial proved that. were six Chicano "suicides" while incar- cerated in the East Los Angeles County jail. Two Young Lords supposedly com- RACISM not only keeps people divided mitted suicide in New York jails last and down but results in creating a special year also. type of political prisoner, Many indi- Marge Buckley in the same L.A. Free vidual victims have already been men- Press article, mentioned earlier, re- tioned. But this human deformity func- tions in broader ways such as maintaining 12 Cooper, Richard T., "Information Tells of Supplying Explosives to Revolutionaries," Los Angeles Times, the belief among whites that what police Dec. 20, 1970, p. 1. do to black and brown people in their 13 Castro, Susan, "Racism's Political Prisoners," Daily World, Oct. 31, 1970. communities will never be done to whites. 14 "Blue Collar Workers Seek Power as Group," Los It keeps a conscious separation between Angeles Times, Dec. 10, 1970, p. 12. PAGE 24 THE BLACK LAW JOURNAL PAGE 24 THE BLACK LAW JOURNAL counted a talk she had with a local judge to avoid the .harsh result which flows which further reveals the racist and brutal from a rigid application of the rules of mentality of those who judge us and send law. The Anglo-Saxon law is designed to us to jail. protect established classes but gives the I was talking to a judge, and he said to people some rights above the king, or, me, "You had better stop their (dissent- in our case, above the property owners ers', rioters') violence or they're all go- and the state (namely the Bill of ing to be wiped out," and I said, "Well, Rights) .16 your honor, there's a slight problem there; One of the instruments instituted to I can't stop their violence. You can stop assure more protection it by realizing that the problems have to for people was be dealt with, and until they are dealt the grand jury. It was established by the with, the violence will occur." So he said, community to block arbitrary use of "Well, then, we'll wipe them out," and I state power. An accused would be judged said, "I think you'll find when you go in by his peers rather than by the bureauc- to wipe them out, you'll find that they've decided that if they're going to die, they're racy. A collection of local citizens would going to take some of their oppressors gather to hear evidence against the ac- down with them. The next time they burn, cused and decide if the state's complaint they're not going to burn in Watts, or in was substantial enough to warrant a trial. East L.A., they're going to burn in Brent- If the peer group thought there was rea- wood, Beverly Hills and in Bel Air." son to try the accused then a trial by jury These people also remember the words could be called. Common law practice of Judge Taney in the Dredd Scott case assured a peer group jury. This concept when he ruled that a black man was a also came from the Magna Carta but ap- slave because he was black regardless of plied to nobles. Average citizens were all what state he lived in. The Black Pan- supposed to be tried by their kind when ther newspaper quoted him recently, "A the system was transferred to America. black man has no rights a white man is But since the new society postulated that bound to. respect!" Coming from the all were free and equal, a jury of peers mouth of an official representative of came to mean any citizen. The state did the government appointed to dispense not face the contradictions of inequality "" in a court of "law," those words for those other than white male Anglo- expressed the basic ideological tenet of Saxons. racism. 5 The majority of our society has al- ways, in practice and frequently by law, been unequal or treated as other than THE VERY COURT system which passes human. Native Americans, blacks, wom- judgement on the millions of arrestees en, browns Asians, Latins, dark Euro- has deviated from the prescribed system peans, homosexuals, and youths have adopted by our nation's founders. never been "free and equal" yet the The United States Constitution is utopian definition of "peer" remains law. based on the Magna Carta of 1215 This is one of the basic reasons why which was drawn to protect landed prop- increasing numbers of Americans con- erty interests of nobles in conflict with tend that a fair trial is impossible in our the king, but eventually became used by country for the majority of the people. the people as a statement of mass rights over the power of the king. English com- IN MODERN TIMES the very purpose of mon law traditions were key to the U.S. the grand jury system has been corrupted. Constitution in recognizing the need to Now, grand juries are convened by the follow precedents in similar cases. Since this concept easily became rigid, the 15 Cleaver, Kathleen, "Who Respects The Black Man's "equitable" Rights?" Black Panther Party Newspaper, June 13, system was incorporated into 1970. the 16Buckley, Marge, attorney and Peace and Freedom common law. This concept acknowl- candidate for California State Attorney General 1970, edges the need to have justice done, and in an exclusive interview. THE BLACK LAW JOURNAL PAGE 25 THE BLACK LAW JOURNAL PAGE 25 state for the purpose of wielding power they must eke out a meager living. They and censorship against citizens. One of cannot afford to be without their wages the most common uses of the grand jury for an entire month (the normal dura- in these times of political, social and tion of jury duty). They receive a pit- economic turmoil is to thwart dissent tancoe each day of jury duty which varies against the state's handling of society's from state to state, usually $3 to $8. problems. No longer are grand jury mem- There are few employers who allow bers representative of even the white their workers to get paid while on jury population. There are few workers that duty and, in fact, many employers indi- get selected, as either judges or sheriffs cate disfavor with them accepting such make the selections. Today, the local Bull "time off." However, many companies Connor selects his friends to judge the are pleased to have foremen, managers actions of Rap Brown. And all of the pro- and owners become jurors and, frequent- ceedings are held in secret and without ly, their salaries are paid in full while on the right to have an attorney for the de- jury duty. fendant present. Of course, few black, brown, native The secrecy surrounding the jury in- American or young people are ever cludes not informing witnesses about that called. What few non-whites and young which they are being asked to testify. people who may get on panels are usually The prosecutor can use the transcript of bumped by prosecutors. Many states con- the grand jury proceedings later-at a tinue the practice of precluding non- trial-to contradict a defense witness. He whites from sitting on juries even though can also trap a witness into lying to the the majority of defendants are non-white. grand jury and then-later at a trial get By the time a defendant faces a jury it a conviction for perjury, even if he doesn't is comprised of old people, retired have enough evidence to try the person workers with antiquated values, bosses, for anything substantive. The grand jury friends of law enforcement, or people, in further has the power to give witnesses general, identifying with "the establish- immunity from prosecution on their testi- ment." Thus, most prisoners, regardless mony and then have them held for con- of their "crime" are victims of a political tempt if they refuse to talk. They can be system which discriminates against the jailed for up to 18 months for refusing majority. Such is the situation we have to divulge what could be incriminating today. Law and order becomes a weapon 17 information about themselves or friends. used against millions of practically disen- franchised persons.

WHEN THE FOUNDING' fathers con- ceived of the legal system they thought IT IS PRECISELY because a fair trial is one could best judge another when they near impossible in this country for most knew one another. As the population Americans, especially black, brown and grew and and as wealth became more poor ones, that Ruchell Magee should be concentrated into fewer hands, it became freed, unconditionally. more advantageous for the powerful to Magee is the only survivor of the in- have strangers judge one another. surrection led by Jonathon Jackson at Strangers tend to be less concerned about the Matin County Courthouse in August the accused's welfare and guilt. And so, of 1970. The rebellion was conducted in today, jurors are not only required to order to gain the freedom of three un- be unknown to the defendant but are justly imprisoned black youths. It was most frequently not even from the same aborted by trigger happy policemen who class or race. Working people, the most numerous 17 Facts on the history, purpose and use of the grand jury system can be obtained from the Midnight Special persons in our society, are discouraged Bookstore, 13351 Washington Blvd., Venice, California from becoming jurors by the fact that 90291. PAGE 26 THE BLACK LAW JOUR.NAL. PAGE 26 THE BLACK LAW JOURNAL had no concern for the lives of the pris- peer groups do judge defendants; the oners nor the they had taken. military where officers judge fellow offi- Magee was originally imprisoned on a cers (class distinctions are also present spurious charge of kidnapping as an out- in the military as, for example, officers growth of driving a pusher somewhere in also judge enlisted men); police depart- order to buy $10 worth of marijuana. He ments have peer commissions "trying" was sentenced to one year to life impris- their fellows when, infrequent that it is, onment and, like Jackson, already has one of them is presented for formal hear- served eight years. Magee's appearance ings on citizen complaints of misconduct at 31 is that of an old man. He has been -breaking the law; southern U.S. courts mercilessly beaten by police and prison invariably contain a racist, reactionary guards numerous times.18 white jury judging a fellow Magee joined in the escape attempt bigot, in most instances for crimes gainst because he, and the others, knew they blacks. could not gain freedom through the These are some of the glaring cases courts. The American system of "justice" where peer group judging does exist in does not work for the underdog. our system of "justice." The outcome of While the government certainly is such "" is well known. Whites com- anxious to put down insurrections and mitting crimes against blacks is con- insurrectionists it is even more anxious doned, officers stepping out of line or to exploit the living symbol of Angela mistreating enlisted men are given a slap Davis. She stands for all that oppressed on the wrist, and police brutality against peoples are fighting for and against and most Americans is comended, or at the her leadership is considered more dan- very least overlooked. gerous than the events of August 7. Il- Once a society with fundamental in- luminating this fact is the affidavits equality is thoroughly established, as it Magee signed charging that his court-ap- is here, slave mentalities are created pointed attorney offered him immunity among the most exploited and oppressed. from prosecution, in agreement with the Too much oppression can stamp out appropriate judges, if he would "lie on seeds of rebellion for a long time. Times Angela," declaring that she gave the are changing but relying on peer group guns for the abortive uprising. juries today is no solution for most in The United States government has America. tried to keep from the people the pres- ence of political prisoners within this country. But the Marin County insurrec- ANOTHER legal indication of discrimi- tion and the Angela Davis case have nation against the masses of people is the destroyed any pretentions on that ac- personnel of the court. Who is a judge count. Their fear of such massive national and how does he become one? There are and international support for Davis is very few judges who are common people. evident. It is forcing them to go to any The common man is not allowed to judge extremes to "get her." his fellow man. Most judges come from the upper classes. They are often ap- pointed and even when voted into office, JURY OF PEERS AND WHO IS A JUDGE? they do not represent the -masses of people. Few voters know them, much less MEMBERS of the left community have their qualifications. On the rare occa- postulated that juries of peers are non- sions when a judge attempts to fulfill his existent and furthermore, that their exis- duty to the people he is subject to attack tence would assure fair trials. and ridicule. Or, as in the case of Los Examining these contentions closely Angeles County Superior Court Judge indicates some error and some prob- 18 Material on Ruchell Magee can be obtained from the lems. First, there are several areas where National Committee to Free Angela Davis. THE BLACK LAW JOURNAL PAGE 27 THE BLACK LAW JOURNALPAGE 27 Alfred Gitelson, removed from office by more time and resources in discovering a biased white majority of voters because true solutions. For example, there would he took a stand for justice. (Judge Gitel- be no arbitration over workmen's com- son ordered the Los Angeles City School pensation since, under a humane system Board to bus students to achieve integra- everyone injured would automatically be tion). entitled to all benefits necessary to ade- Few citizens can afford to become quately live. Under the new system of lawyers or politicians or businessmen, law we would be seeking truth and not which are frequently stepping stones to serving the ego winning concept of today. becoming judges. Many states do not Many current "crimes" will become even allow judges to be elected. And, of medical problems or accepted acts. Alco- course, appellate are appointed hol, drug and sex problems will be treated by governors and presidents. To under- as medical concerns. Most sex and drug stand the court system one must under- "problems" are simply social differences stand the political system because judges and. under a rational culture will be ac- uphold politicians' law. The state must cepted as simply value choices. This be seen as an instrument of rule for the would be the case with drug users who do owners of industry whose basic purpose not inflict real harm, such as marijuana is continued profit making and control users. Homosexuality should be the of the masses. Control is key. If too choice of any consenting person. In a many of us get upset with our lot we may free society, we won't feel the need to rebel, and if we rebel we may threaten stop non-conformers. the power and wealth of the few. There- All anti-labor and political laws will fore, they must be constantly vigilant. disappear (Walter-McCarran, Taft-Hart- The legal system is an important deter- ley, Alien Registration Act,. Organized rent to rebellion. Crime Control Act, concentration camp Justice cannot be rendered under the laws, "riot" laws which only prohibit current social structure where cultural political acts, Rap Brown crossing-the- mores are based on the economy of ex- state-lines law, conspiracy laws, etc.). ploitation, the politic of elite power and, Many of the current laws do not pro- the sociology of racism. What is needed, hibit deeds but thoughts. It becomes il- then, is a complete transformation of legal to teach, or in any way advocate the society, a reordering of values. overthrow of the government or to advo- cate violence to do so. But, even more so, While there is a lower class I am in it, as in the while there is a criminal element I am of case of Angela Davis, it is ap- it, and while there is a soul in prison I parently illegal to teach if it is suspected am not free. Eugene V. Debs that you will teach those things. What constitutes violence is open to interpretation. If the state, or some repre- WHAT IS NEEDED? sentative thereof, attempts to- kill some- one, does that person have the right to INSTEAD of the legal system which now protect himself? No, not under present operates specifically for the interests of laws. If the person organizes people to the few, what we need is a legal system oppose the government or some law or which works to bring real dynamic jus- some war, can that be construed as vio- tice for the whole population. We need lence? Yes, today it can. peoples' courts in a peoples' land. Eugene V. Debs' comment after a Most current legal conflicts are due court conviction is appropriate here, to the commercial system of capitalism. "Great issues are not decided in the Once we do away with such an anar- courts, but by the people. The court of chistic system we will have fewer crimes final resort is the people and that court to be concerned with and can then spend will be heard in due time."