Transcript
Page 1: ACLU-MN Greater MN Racial Justice Project

What we do…..

ACLU-MNGreater MN Racial Justice Project

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American Civil Liberties Union (ACLU), founded in 1920, is the nation’s premier guardian of Liberty. We work daily in courts, legislatures, and communities to defend and preserve the Individual rights and freedoms guaranteed by the Constitution and laws of the United States.

The ACLU-MN founded in 1952, fights to protect the civil liberties of MN through litigation, public education, and lobbying related to legislation that impacts civil liberties and civil rights.

Who is the ACLU?

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ACLU-MN is a nonpartisan, impartial organization; its policies do not embrace particular political philosophies.

ACLU-MN may represent individuals with popular or unpopular points; the ACLU-MN by such representation, neither condones nor promotes their message, but defends against attacks on civil liberties

ACLU-MN is a non-profit organization that does not solicit nor accept government funding. Its primary client is the Bill of Rights.

ACLU-MN is an affiliate of the American Civil Liberties Union and coordinates philosophy, approach to litigation, and funding, with that organization.

ACLU-MNFour underlying principles that guide our mission

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Founded in Minnesota 1952Approximately 10,000 members +

ACLU-MN

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Defending the Bill of RightsFree Speech

A Free Press

Religious Liberty Religious Freedom

No Unreasonable Search and Seizure

Due Process of the Law

A Jury Trial and a Lawyer

No Cruel and Unusual Punishment

Equality for all under the law

The Right to Vote Regardless of Race or Sex

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The seven counties selected had the three largest reservations in the state of Minnesota

Counties were in two judicial districts 9th Judicial District and 7th Judicial District

(Becker)BeltramiCassClearwaterHubbardItascaMahnomen

ACLU-MN(Greater MN Racial Justice Project)

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The project accomplishes the work through one full time and one part-time paid staff. The most important people are the card carrying membership, the volunteers and interns. All our work is accomplished through people’s financial support, the time and effort of those volunteers and interns.

The GMRJP (Greater MN Racial Justice Project) has three areas that we do our work.

EducationAdvocacyLitigation under the direction of the St. Paul office legal

team

ACLU-MN(Greater MN Racial Justice Project)

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Standpoint is to provide public education regarding racial justice issues through community outreach. Court/Jail monitoring, and intake services. Project serves all people with a focus on Native American communities.

To research the concerns of Northern Minnesota on racial injustice

Seven counties were selected: Beltrami County Becker County Cass County Clearwater County Hubbard County Itasca County Mahnomen County

The Greater Minnesota Racial Justice Project established May, 2004 in Bemidji, MN

First of it’s kind in United States that focused on Indigenous issues on race

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The project does work with a few other counties that the three reservations of Leech Lake, Red Lake and White Earth i.e. Roseau County, Crow Wing County and any calls throughout Minnesota (both urban and rural) that affect native peoples

ACLU-MN(Greater MN Racial Justice Project)

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Why should we monitor the judicial system?

To promote accountability To gather data to provide the basis for a constructive dialogue To advocate for resources To raise public awareness To educate voters To provide advocacy to individual involved in court system To provide some assurance to family

A criminal court hearing is a public hearing except juvenile.Cell phones are not allowed in the courtroom

www.mncourts.gov

Court Monitoring

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This project was developed in 2006 to identify native people incarcerated in the following countiesBeltrami CountyCass CountyClearwater CountyCrow Wing County

Each day, we send into the county jails information on GMRJP and intake forms

Arnold D. Lajeunese, Works Experience Arnold is an enrolled member of the Red Lake Band of Chippewa and a 1979

graduate of Bemidji State University with a B.S in Business Administration and a minor in Indian Studies. Arnold Lajeunese has been, in his prior history, employed with the Red Lake Reservation C.A.P. Program, Red Lake Housing Finance Corporation, Bureau of Indian Affairs, and White Earth Land Settlement Act (WELSA). Arnold is a veteran serving honorably from 1956-60 with the U.S. Air Force in Korea and at Lincoln Air Force Base, Nebraska. We are proud to have Arnold with us at the Greater Minnesota Racial Justice Project.

GMRJP Jail Rooster Project

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What is Justice?

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JUSTICE????

“Justice is generally understood to mean what is right, fair, appropriate, deserved. Justice is achieved when an unjust act is redressed and the victim feels whole again.

Justice also can mean the offender is held accountable for his behavior.”

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There are four types of justice namely; Commutative justice, Distributive, Legal and Social justice.

Legal Justice

Commutative Justice

Distributive Justice

Social Justice

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Commutative Justice Regulates and harmonizes the exercise of rights

between man and man.

covers private persons as well as juridical persons (communities or associations) to render to each other according to the principle of give and take.

This means that the exchange of anything shall be based on equal value.

The business transaction of equitable pricing of goods is an example of commutative application of justice

Four Types of Justice

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Legal Justice

Legal justice regulates the exercise of rights between the community and the authority charged with the welfare of the community.

The objective purpose of legal justice is the common good. The "common good" refers to the sum total of those conditions of social living necessary and contributory to the development of man within the community. The imposition of laws derives from legal justice.

Legal and distributive justice compliments each other. "In the measure in which the individual devotes his powers and resources to the common welfare, the community must show its concerns for his particular welfare.

One who does more for the community is entitled to greater respect and advantage from the community itself. Participation in privileges on the other hand, obliges the individual member of the community to ever greater effort to dedicate himself and his resources with a fuller sense of responsibility to the community.

Four Types of Justice

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Social JusticeSocial justice presupposes commutative justice as a condition. But it goes far beyond the

requirements of commutative justice.

Its objective purpose is the common good, and is thus also called "justice of the common welfare" or justice of the community".

Where commutative justice depends on the law or legal contracts between individuals, social justice draws its force from the solidarity of men living in the community of persons.

The model of social justice is the solidly united family where the common interest prevails and where it is self-evident that the weaker members have just claim on the stronger ones and on the solidarity of all.

In the political order the state has the obligation to safeguard every member of the community, life, sustenance, and the opportunity of work. In the individual level, social justice imposes the obligation to assist those in need so that they too are able to live in the manner worthy of their dignity as persons.

Four Types of Justice

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Distributive Justice

Distributive justice regulates the exercise of rights between the individual and the community.

Objective end of this form of justice is the private or particular good of each member of the community.

Therefore regulates the acts of the public authority or of the State in relation to the rights of the individual citizen or party. It presupposes these rights as something which public authority or community ought to preserve and respect

It is distributive justice which regulates the imposition of taxes, fees or

privileges by the community upon the individual member. Likewise, the individual members practice distributive justice by accepting

uncomplainingly the equitable distribution of burdens and privileges.

Four Types of Justice

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Justice is challenging history and images

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Types of Criminal JusticeRehabilitation

Rehabilitative criminal justice seeks to ensure that a person who committed a crime develops into a healthy, productive member of society.

Rehabilitation efforts may include drug and alcohol treatment, mental health, counseling, education and life-skills training.

Community Justice Community justice is an approach

to criminal justice that emphasizes the community as a whole.

Community justice starts with community policing, which reflects local standards and expectations.

Applied to persons who have committed crimes, community justice may include aspects of restorative and rehabilitative justice, but it also requires repayment to the local community as a whole, such as through acts of community service.

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Retribution Restoration

Divine Justice

Rehabilitation

Libertarian

Community Justice

Different Kinds of Criminal Justice

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 Different Kinds of Criminal Justice

RetributionRetributive criminal

justice is also called the "just deserts" theory of justice because it presumes that the person who committed a crime deserves to be punished.

Retribution looks back at what the criminal has gained and seeks to take it away to bring the scales of justice back to level.

RehabilitationRehabilitative criminal

justice seeks to ensure that a person who committed a crime develops into a healthy, productive member of society. Rehabilitation efforts may include drug and alcohol treatment, mental health counseling, education and life-skills training.

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Types of Criminal JusticeDivine Justice

Divine justice is the theory that the Diety is absolutely fair and just, and that the authority to judge and punish people resides in the Diety. Some cultures apply Deity-inspired principles in their criminal justice systems. For example, Shari'ah law is utilized in some Islamic countries, applying rules regarding crimes and punishments that were prescribed in the holy texts of that religion. American governmental legal systems do not apply a divine justice theory of criminal justice.

Libertarian The libertarian theory of criminal

justice is not in practice in the U.S. or in any other country. Libertarian criminal justice emphasizes the first step of the criminal justice system, that of defining crimes, and would decriminalize most drug and other victimless crimes. Although libertarian philosophy would maintain retributive justice for the most violent offenders, libertarian criminal justice would convert most property crimes to civil matters, allowing the victims to sue for appropriate restoration in payment for damage done.

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Let’s take a look at a county some of you may liveBall ClubBenaBoy RiverCass LakeDeer River (part)Federal DamIngerLongville (part)MissionOak PointOnigumPenningtonSmokey Point“S” LakeSugar Point

Cass County, Minnesota

Cass Lake abolishes police force, seeks enforcement deal with county 2008

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Population, 2009 estimate 28,534Approximately 11.3 % identified themselves asIndian persons below poverty level, percent, 2008

14.5% Indian persons on a daily basis in county jail

approximately 67% Statistically for Indians - top four reasons go

unchanged in Cass CountyDWIDUIDARDomestic Violence

Cass County, Minnesota

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OFFENSE AND RACE OF PERSONS ARRESTED FOR 2009 

Juvenile Adult Murder/Non-Negligent 8_ Negligent Manslaughter __ Rape 12 Robbery 17 48_ Aggravated Assault 31 253 Burglary 47 98_ Larceny 248 903 Motor Vehicle Theft 24 63_ Arson 01 01_

Larceny is the "taking and carrying away of tangible personal property of another by trespass with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property." Larceny must involve personal property, and it must be capable of being possessed, and carried away. Thus, real estate, services and other intangibles cannot be objects of larceny.

Aggravated assault is a more serious form of threat than ordinary assault. This may be because the threat was made with a deadly weapon, or with intent to rape, maim, or murder. So if someone threatens another while holding a large stick, that is probably simple assault, but if the assailant has a gun or knife, that would most likely be the more serious crime of aggravated assault. If the assailant holding the stick threatens to rape or kill the victim, that might also be aggravated assault. Not all jurisdictions use this term, but all of them will punish an assault with a firearm more severely than an assault with a stick or a fist, so the end result is similar.

Just some data…..

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Does Justice feel like this?

If so, why?

How does justice feel like in your community?

What can be done?

Who should fix this issue and how?

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If you should find yourself in the court systemBe Responsible

Educate YourselfMake Informed Decisions

If you do not appear in court on your scheduled date, a warrant will be issued.

Call the clerk of courts or speak to your attorney (if you have one) to request a continuance.

Remain in contact with your attorney throughout your court proceedings…

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Definition of Police Brutality

Policy brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer.

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What to do if you are uncomfortable with how a law enforcement officer made you feel, or physically hurt

you. Take Pictures if any bruises or marks Write a written complaint to the agency the law

enforcement officer is employedSheriff’s DepartmentTown BoardCity Police DepartmentBorder Patrol/State PatrolBCA/FBI/CIATribal Council

Keep a copy of all paperwork Expect a response within 30 days, nothing received?

Send another letter! Call! Document all communication. Send a copy of your complaint letter to the MN Post Board All addresses of agencies are found in phonebook, internet

or may be available at community service agencies. Contact the GMRJP (218) 444-2285

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Find your inspirations in life and be happyMy most impressionable time in

my life was during the mid

1960's. I witnessed the Vietnam

war, Wounded Knee, political

protests and racial riots that

brought about social unrest,

tumultuous times and

the counterculture revolution, the

"children of the 60's – I have

never given up to create positive

change!