THE DISTINCTION BETWEEN CIVIL DEATH AND JIM CROW

THE DEADWILEY TRUTH

OP-ED COLUMN

By Eric M. Deadwiley

September 26, 2011

The execution of Troy Davis, a man who many believed was an innocent man has ignited a discussion on the use of the Death Penalty as a form of punishment in the United States of America. According to the Death Penalty Information Center, out of 50 states: 34 states (including the U.S. Gov’t and Military) currently have the death penalty. As of 1976—up until this year, there have been 1,270 people in the U.S. executed. Out of those executions, 56% of those executed were White, 35% were Black and 7% were Hispanic. According to the U.S. Census 2010 data, blacks only represent approximately 12.6% of the United States population, yet, the Death Penalty Information Center reports that blacks represent 35% of those executed in this country; and out of those executed for “interracial murders” 255 blacks were put to death as opposed to 17 whites.  

Out of a U.S. population of less than 13%, and a death row population of 3251 death row prisoners, blacks represent 42% of those prisoners. Out of all the Chief District Attorneys prosecuting death penalty cases, a “disturbing” 98% are white.  These statistics are a clear reminder of the policies and practices that have defined the civil relationship between whites and blacks since the founding of this great nation. The “Death Penalty,” more than any other penalty—as a punishment for a criminal act, represents  the very essence of “civil death.” The very act of a “state” putting a citizen to death—is and of itself, (by definition) a “civil death”. Civil death is the act, practice or policy of denying a person the rights provided in the Declaration of Independence. Civil death was–and–still is a practice of punishment and deprivation of civil rights to “any” person who commits a criminal act on the federal, state or local level.

Jim Crow, however, is a product of “States Rights” in the deep south, where mostly “black folk” were subjected to “restrictions” and “discriminatory practices” based on color discrimination alone. Blacks did not have to commit a crime to be restricted to seating in the “back of a bus,” entering through the back door of a Hotel or using separate “public bathrooms.” Black folk certainly did not have to commit a crime to be relegated to separate and inferior Schools i.e., Brown v. Board of Education. Civil death penalties (with very few exceptions) are practiced exactly as they were practiced back in the 17^th and 18^th Century. The practice of “branding” a person with a “letter” is still in place. When a person is convicted of a “class A” felony, that felony is “publically” disseminated all across the country; just as the letter “A” was sewn on the clothing of any person convicted of Adultery in 17^th century European colonies. The purpose of the letter was to make the person’s conviction “public”—so the greater society can know that the person is a convict.

Civil death penalties were in the past (and are currently) used against a person convicted of a crime. There are currently 2.5 million people in U.S. Prisons today. According to the Justice Department, there are currently over “82 million people with convictions on their public records. There are over six hundred thousand people released into society each year from prisons and jails all across the country. If you want to make an argument that the term “convict” is the new and updated version of the word “nigger,” you will get no argument from me. However, the policies of Jim Crow could “never” match the cruelty and uncivilized practices of “Civil Death.” Human beings often search for “politically-correct” terms to replace other terms that make us uncomfortable i.e., “Collateral Consequences” instead of  “Civil Death” and  “Correctional Facilities” instead of  “Prisons.” It is my intention to focus attention on the real enemy that plagues the 82 million people in this country with criminal records. That enemy is the ancient, archaic and draconian practice of “Civil Death.”

Our country is headed towards a financial disaster which could collapse our economy to the level of a “third world nation.” We have a “tax revenue” problem that (if unchanged) can usher our nation into financial ruins. It is no longer practical or intelligent to keep over one fourth of the population of the United States “unemployed.”  What we need is “progressive” legislative  or judicial change to the thousands of civil death laws across the country. This is why I wrote the book, “Civil Death In New York State, How New York State Utilizes Criminal Conviction Records to Impede the Economic Growth of Formerly Convicted People” and “introduced”  a “Ban the Box” proposal to the New York State Assembly, Senate and the New York City Council which  prompted Mayor Bloomberg to issue an Executive Order removing the question (Have you ever been convicted of a crime?) from New York City job applications. Yet, Banning the box on job applications is not enough.  

We need to aggressively advocate for “spent sentence” and “conviction set-aside laws for “rehabilitated” formerly convicted people who have spent more than 10 years crime and drug free. Black unemployment is at a 27 year high. We do not have any time to waste. High black unemployment is a direct consequence of civil death policies, not Jim Crow.

Eric M. Deadwiley is a Freelance Op-Ed Columnist and Author

Contact:          Eric M. Deadwiley

Email               thedeadwileytruth@yahoo.com

Blog:                http://civildeathinnewyorkstate.blogspot.com/

SHAME ON YOU LARRY MERCHANT, HBO AND GOLDEN BOY!

THE DEADWILEY TRUTH
OP-ED COLUMN

By Eric M. Deadwiley
September 20, 2011

I have been a faithful Boxing fan ever since my father introduced me to the sport in the
70’s. From the first time I watched a Boxing match–“I was hooked” on the sport–which some
affectionately call the “Sweet-Science.” Over the years, I have become a faithful fan to many
fighters like Roberto Duran, Sugar Ray Leonard, Muhammad Ali, Alexis Argüello, Julio Caesar
Chaves and yes, Mike Tyson. These great fighters and others personified the best in athleticism
and perseverance in a sport that can literally end a person’s life with one well-placed blow. We
didn’t care about the “ethnic background” of the fighter back then. The days of applauding an
athlete for their skills and talent are long gone.

What we are seeing today is an over emphasis on an athlete’s national origin and the abandonment of a natural love for the sport. This dichotomy was openly showcased in Saturday night’s Welterweight fight between Floyd Mayweather and Victor Ortiz. Floyd Mayweather came into the fight as a heavy favorite because of his experience and speed–matched up against an experienced slugger who is 10 years younger. The fight started off just as many boxing analyst had expected, with Mayweather “peppering” Ortiz with straight right hand shots and using his defensive skills to avoid counter attacks by Ortiz. It was in the second round that Referee Joe Cortez first warned Ortiz about leading with his head. To put it plain, Ortiz was attempting to head-butt Mayweather early on in the fight. The was obviously a strategy being implemented in the Ortiz camp.

In all of my years watching boxing matches, I have never seen a fighter “literally” launch himself into the air like a missile to head-butt another fighter. Joe Cortez “rightfully” took a point away from Ortiz for the intentional head-butt. What was not readily seen or recognized by all of the analyst which included Emanuel Steward, Jim Lampley and Larry Merchant, was Mayweather rubbing on his bottom teeth which could indicate that a tooth may have been knocked loose from the head-butt. Floyd Mayweather rightfully scolded Larry Merchant for–not only looking past the intentional head-butt of Ortiz, but also not giving him any credit for the knock-out victory. This is not the first time Larry Merchant dismissed the opponent Mayweather just beat, and disrespectfully match him with a new opponent which Merchant and others are claiming Mayweather is “ducking.”

When Mayweather fought and easily defeated Juan Manuel Marquez, Larry Merchant, Jim Lampley and others quickly dismissed the victory with claims that Marquez was a “smaller” man which prompted Merchant along with Shane Mosley to approach Mayweather after the fight to press Mayweather to fight Mosley–who they said was a naturally big Welterweight. After Mayweather defeated Mosley, they quickly dismissed that win–claiming that Mosley was a “washed up” fighter; as seen in the 24/7 HBO special where Oscar De La Hoya (Golden Boy Promotions) was talking to Victor Ortiz, telling him that when Mayweather fought Mosley and him, they were past their prime. These bogus claims were never made against Pacquiao who also fought them and other fighters Mayweather had defeated around the same time. There appears to be a blatant disrespect for black pugilist like Floyd Mayweather Jr. Sports analyst Jim Gray also often denigrated the accomplishments of black fighters in his post-fight interviews. Floyd Mayweather Jr earned the right to demand respect from any person who would have the audacity to step in a ring, after he just put “his” life on the line and dismiss his victory. Larry Merchant deserved to be chided by Floyd Mayweather.

Everyone wants to see a “Super-fight” between Floyd Mayweather Jr and Manny Pacquiao because they are pound-for-pound the best fighters in the sport. HBO need to stop promoting racially charged matches where “petty nationalism” accounts for 99% of the fans enthusiasm for a fighter. We must go back to respecting the “art” of boxing. These men and woman put their lives on the line when they glove-up and enter into the ring for our entertainment. They deserve our utmost respect. What will happen if Floyd Mayweather eventually defeats Manny Pacquiao? Who are they going to say he is ducking then, Wladimir Klitschko? I would still be a fan to both fighters no matter who wins the fight. In the meantime, Golden Boy Promotions, HBO and Larry Merchant should clean up their acts.

Eric M. Deadwiley is a Freelance Op-Ed Columnist and Author

Contact:         Eric M. Deadwiley

Email              thedeadwileytruth@yahoo.com

                        http://civildeathinnewyorkstate.blogspot.com/

THE DEADWILEY TRUTH

OP-ED COLUMN

IS AL SHARPTON CONNECTED TO ATTACKS ON DESSENTERS OF OBAMA?

By Eric M. Deadwiley

September 1, 2011

President Obama is using a risky strategy in his attempts to allure disenchanted black Voters back to him in 2012. Our President is utilizing the black media, specifically—High profile black radio hosts to bolster his re-election campaign. The President has granted—“highly sort-after” access to himself and members of his Cabinet to popular Radio Host like the Rev. Al Sharpton, Host of “Keeping it Real” (and recent Host of “Politics Nation” on MSNBC),” Steve Harvey, Host of “The Steve Harvey Show,” Tom Joyner, Host of “The Tom Joyner Morning Show" and Michael Baisden, Host of “The Michael Baisden Show.”  All of whom have “huge” following’s on their radio shows.


Although, this is a campaign strategy used by most politicians to reach the masses of black voters, President Obama is receiving assistance from these hosts that far exceed what some would characterize as a “a simple bias” towards the first black President. These hosts have been like “attack-dogs” towards anyone who has the audacity to criticize the President for his policies (or lack-of policies) as they pertain to black folk. The recent attacks on Tavis Smiley and Professor Cornel West for their open criticisms of the President’s policies towards the poor have been often distasteful if not bordering on “libelous.” 

Steve Harvey recently referred to Tavis Smiley and Professor West as “Uncle Toms.” Tom Joyner took it a step further by saying that Professor West was Tavis Smileys “Piece,” implying that Tavis Smiley and Professor West are involved in a homosexual relationship. Michael Baisden has taken a more “even” tone to the controversy.  There have been attacks on Minister Louis Farrakhan for his “open” criticism of the President and his support of embattled Libyan leader Moammar Gadhafi. Columnist and Author Earl Ofari Hutchinson wrote a negative Column about Min. Farrakhan in “The Grio” which is a Columnist/Opinion website sponsored by MSNBC. Mr. Hutchinson “claims” that Minister Louis Farrakhan is supporting Moammar Gadhafi because of contributions made by the Libyan leader to the Nation of Islam in the past.

There appears to be a growing legion of black Columnist, Talk Show Host, Activist and Scholars who are connected to Al Sharpton and standing in line so they could have “access” to America’s first black President and all of the “gifts” and “privileges” it brings. In fact, most (if not all) of these people attacking anyone critical of the President’s policies towards black folk–have revenue sources which are connected to the others, and can all be traced back to one person–the Rev. Al Sharpton. Rev. Sharpton has an “unholy” alliance to President Obama, and it appears he’s being “paid well” for his allegiance. Rev. Sharpton has attended most (if not all) of the “Bill signing Ceremonies” and “social events” of the President. Rev. Sharpton has enjoyed “unprecedented” “access” to the President’s Cabinet member’s i.e. Arne Duncan U.S. (Secretary of Education) and Valerie Jarrett (Senior Advisor). Rev. Sharpton has a “syndicated” talk show on 1600 WWRL and 98.7 KISS FM, where Michael Baisden and Steve Harvey host shows. Rev. Sharpton’s National Action Network Sunday rallies are broadcast on 1190 WLIB–a “sister” station to 107.5 WBLS, where The Tom Joyner Morning Show is broadcast on weekday mornings. Earl Ofari Hutchinson writes for The Grio and often acts as a “contributor” to Rev. Sharpton’s show. While the “masses” of black and brown folk are suffering unacceptably high unemployment and foreclosures, President Obama is using “House-Negro” politics to divide black people.

The Deadwiley Truth in this story is that (unlike the black leadership of the 40’s, 50’s and 60’s) black leadership today can be “bought off.” Our “so called” leadership today goes against the interest of the black and brown community for their own selfish needs and desires much like the house Negro did in the times of Chattel Slavery. Civil Rights Leaders were never synonymous with “wealth.” The Rev. Al Sharpton has used the pains and struggles of the black and brown community to launch himself into the pinnacles of wealth and power. Maybe Dr. King was sending a message to black people and America when an “earthquake” cracked the Washington Monument (indefinitely closing the National Mall) and Hurricane Irene effectively shut down the King monument site for events scheduled by Rev. Sharpton and President Obama. Maybe Dr. King (from the grave) is telling us that these people do not represent him or what he stood for. Maybe we should all listen.   

Eric M. Deadwiley is a Freelance Op-Ed Columnist and Author

Contact:         Eric M. Deadwiley

Email               thedeadwileytruth@yahoo.com
Blog:               http://civildeathinnewyorkstate.blogspot.com/

New York Supermarket Chain Discriminates Against Black Applicants

THE DEADWILEY TRUTH

OP-ED COLUMN

By Eric M. Deadwiley

February 23, 2011

The Food Bazaar Supermarkets have been a local staple in the Bedford-Stuyvesant/Williamsburg sections of Brooklyn for many years now. Every week around Thursday or Friday, supermarket flyers are left at the doors of all the local residents notifying us of the "Sales" the supermarkets are promoting for the week. Often, the sales are reasonably priced and feature foods (mostly) purchased by their "Black" or "Hispanic" customer base –  such as "Beef Oxtail," "Pork Shoulder,"  "Collard Greens" and "Waxed Yuca." Furthermore, the supermarket chain has an extensive line of "International" food items which are purchased by many different ethnic groups. It would be safe to say that the Food Bazaar is a well organized business offering a legitimate service to their (mostly) minority patrons and should be an asset to the communities they cater too. However, it is not until you walk through the supermarket doors – when you notice a “Break-down” in the “Harmoniously ethnic variety” which is found in the stores food items.

In a community which has a diverse population of mostly Black and Hispanic residents, the positions at the Food Bazaar Supermarkets are being held by more than 98% Hispanic workers. Most if not all “Cash Register” positions are filled by Hispanic woman; with the only exception being that Hispanic men occupy the more labor intensive positions such as the “Stock” and “Butcher” positions.  Even the “Fish Market,” “Delicatessen,” “Post-Office” and “Lottery” are run by Hispanic’s. It is not presently clear whether the Security Guards who are Black are actually hired by the Food Bazaar directly or are hired by a private security firm. In a complaint sent to the owners of supermarket chain, local resident and well-known Photographer Mel Wright wrote: “I would find it hard to believe that in this dismal economic climate, African-Americans are not applying for jobs at your store.”  There are calls for “Boycotting” the stores if the management does not change their hiring practices. For now, residents in the Bedford-Stuyvesant/Williamsburg community await a response from the stores management. I intend to make this an on-going (The Deadwiley Truth) story; and intend on investigating the Food Bazaars hiring practices and get back to the community as to my findings.

Eric M. Deadwiley is a Freelance Op-Ed Columnist, Ghost-writer, Contributor and Author of "Civil Death in New York State, How New York State Utilizes Criminal Conviction Records to impede the Economic Growth of Formerly Convicted People"

Contact:         Eric M. Deadwiley

Email               edeadwiley27@yahoo.com

Blog                thedeadwileytruth.blogspot.com

Why is New York State rejecting the “Ban the box” movement?

THE DEADWILEY TRUTH

OP-ED COLUMN

Why is New York State rejecting the “Ban the box” movement?

By Eric M. Deadwiley

February 14, 2011

The “Jig is up New York!” I am referring to the absolutely “Ridiculous” assertion – parroted by politicians, political pundits and (some) Non-Profit Advocacy groups, that New York State has the best anti-discrimination laws (that protect formerly incarcerated people) in the country. Their assertions are due to New York States “Infamous” and now “Debunked” Article 23-A of the Corrections Law – which is suppose to prevent job applicants with criminal records from being discriminated on by employers. Empirical studies have proved conclusively that most employers will not hire a person who fills in the “Box” on most job applications. The “Box” I am referring to is the section on most job application which requires a person to divulge if they have ever been convicted of a crime. Thus, the name “Ban the box” was created by a group of formerly convicted people in Oakland, CA – called “All of Us or None.” Many experts studying the affects criminal convictions have on job opportunities have found that people with criminal past have a much better chance of landing a job when they are able to get to the “Interview” phase of the hiring process. 

In fact, a study conducted by Professor Devah Pager et al (Princeton University) found that job applicants with convictions stood a much better chance of being hired – when the applicant has an opportunity to build a “Rapport” with the employer. Article 23-A of the Corrections Law (as it stands now) only allows the applicant to challenge an employer if the employer actually denies the applicant – and admits that the denial is based on the applicants prior criminal record. Thus, employers have learned to “Ignore” or “Discard” applications where the “Box” is checked yes, or simply deny the applicant for reasons not related to their criminal conviction. There is simply no way to prove that an employer is discriminating on an applicant under Article 23-A of the Corrections Law unless the employer out-right admits to it! Most employers would much rather use a “Fabricated” reason for denial – than risk a discrimination lawsuit. Not to mention the fact that there is no law against “Ignoring” an application. Many employers request an online application which is the same as posting your application into a “Black hole.”

This is why New York State Assembly bill #A03809 sponsored by Assembly-member Jeffrion L. Aubry of the 35^th Assembly District has to be passed as soon as possible. This bill (if passed and signed into legislation by Governor Cuomo) would effectively close the “Loop-hole” in Article 23-A of the Corrections Law. This bill is by no means a new bill. This bill has been introduced 3 years in a row. The past two years this bill “Died” without leaving the Corrections Committee which Assembly-member Aubry chairs. The list of states and cities that have passed Ban the Box legislation are steadily growing. Just a few of which are: (1) Austin, TX;

(2) Chicago, IL; (3) Connecticut; (4) Detroit, MI; (5) Hawaii; (6) Jacksonville, FL;

(7) Massachusetts; (8) Memphis, TN; (9) San Francisco, CA; (10) Seattle, WA and

(11) Oakland, CA.

Durham, NC; New York State; New Jersey State; Omaha, NE and Washington, DC either have legislation pending or have groups currently pushing for ban the box legislation. However, New York State is void of bona fide “Ban the Box” advocacy. Nothing less than a dedicated coalition of legislators, community activist and advocacy groups can move this bill forward in a weak Assembly and a Republican lead Senate. In fact, Assembly-members representing districts with some of the highest concentrations of convicted people are not co-sponsoring or multi-sponsoring the bill.

The co-sponsors of the bill are:       

* AD (Assembly District) * (Assembly Districts with large populations of convicted people)

*William F. Boyland; 55th AD         *Karim Camara; 43^rd AD                     Richard N. Gottfried; 75^th AD        

  Ellen Jaffee; 95^th AD                        *Hakim Jeffries; 57^th AD                     Brian Kavanagh; 74^th AD                               

*Vito J. Lopez; 53^rd AD                     *Joan L. Millman; 52^nd AD              *Daniel J. O’Donnell: 69^th AD          

*Annette Robinson; 56^th AD           *Keith L.T. Wright; 70^th AD

The Multi-sponsors of the bill are:

*Barbara M. Clark; 33^rd AD             *Jeffry Dinowitz; 81^st AD                   Deborah J. Glick; 66^th AD

*Carl E. Heastie; 83^rd AD                   Andrew Hevesi; 28^th AD                  Alan Maisel; 59^th AD

  John J. McEneny; 104^th AD             Crystal D. Peoples-Stokes; 141^st AD

  J. Gary Pretlow; 87^th AD                   Bob Reilly; 109^th AD                         Michelle Schimel; 16^th AD

  Harvey Weisenberg; 20^th AD

Assembly-members not currently sponsoring the bill:                        

*Inez D. Barron; 40^th AD                   *Darryl C. Towns; 54^th AD                *Joseph R. Lentol; 50^th AD

*Carmen E. Arroyo; 84^th AD             *Nelson L. Castro; 86^th AD                *Vivian E. Cook; 32^nd AD

*Vanessa L. Gibson; 77^th AD              Dov Hikind; 48^th AD                            Earlene Hooper; 18^th AD

*Rhoda Jacobs; 42^nd AD                   *Guillermo Linares; 72^nd AD                 Margaret M. Markey; 30^th AD

  Nettie Mayersohn; 27^th AD               Grace Meng; 22^nd AD                          Michael Miller; 38^th AD

*Joan L. Millman; 52^nd AD                   Francisco P. Moya; 39^th AD              Catherine Nolan; 37^th AD

*Felix Ortiz; 51^st AD                            *N. Nick Perry; 58^th AD                      *Jose Rivera; 78^th AD

*Peter M. Rivera; 76^th AD                    Samuel D. Roberts; 119^th AD           *Robert J. Rodriguez; 68^th AD

  Linda B. Rosenthal; 67^th AD              William Scarborough; 29^th AD           Sheldon Silver; 64^th AD (Speaker)

  Aravella Simotas; 36^th AD                  Eric A. Stevenson; 79^th AD                Matthew Titone; 61^st AD

  Michele R. Titus; 31^st AD                   Helene E. Weinstein; 41^st AD            David I. Weprin; 24^th AD

Civil Rights/Advocacy Organizations that is silent on the Ban the Box issue:

The National Action Network (NAN)           

The New York Civil Liberties Union (NYCLU)

The New York Bar Association

The National Association for the Advancement of Colored People (NAACP)

The National Urban League (NUL)

These are just a few of the organizations and Assembly-members “Irresponsibly” sitting on the side line of this much needed legislation. Make no mistake – that human beings must earn a living so they can provide shelter for themselves, their families (which often includes children), pay bills and enjoy the rights and liberties our state has to offer. If formerly convicted people are “Unreasonably” denied employment, unfortunately, they will find a way to survive beyond “Legal” means. Yes, I am saying that God-fearing, law-abiding and hard-working citizens like “You” will become victims of “Robberies,” “Burglaries,” “Car-thefts,” “Drug-dealing,” and “Homicides.” These are just a few of the maladies New Yorkers will have to endure if New York States version of the Ban the Box initiative is not passed this year. It is time to hold these elected representatives, civil rights and advocacy groups culpable for some of this crime and despair. “Silence” is not an alternative. Your silence makes you “complicit” in New York States pain.

Eric M. Deadwiley is a Freelance Op-Ed Columnist, Ghost-writer and Author of "Civil Death in New York State, How New York State Utilizes Criminal Conviction Records to impede the Economic Growth of Formerly Convicted People"

Contact:         Eric M. Deadwiley

Email               edeadwiley27@yahoo.com

Blog:               thedeadwileytruth@blogspot.com