THE UNJUST JUSTICE SYSTEM
BY JENNIFER
Once upon a time, I believed that fair and equal were real; something that truly existed—maybe even tangible. Fair was right, and right is true. And truth would always prevail. I don't recall when I was first fed that ideal, but I believed it, and I tried my best to live it. Then one day, I trusted in justice, and justice let me down.
Justice should be defined as a fair and appropriate resolution. Justice is the proper outcome to a situation. For me, justice is purely theoretical. The idea that both punishments and rewards are merited without prejudice is a great concept. Sadly, for people like me, justice is just that—a great idea. Justice is a hope. It is one of those things you hold your breath for. All too often, the scales of justice are not tipped in the favor of people with whom I share my race, ethnicity, gender, economic class, or even community. I am currently housed at a women's correctional facility. I share a dorm with 15 other women. The ladies and myself are considered to be a selective group of lucky detainees to participate in the intensive therapy unit program. This program is reserved for individuals who have undergone an extreme circumstance and who are experiencing their first encounter with the criminal justice system. Since participating in this program, I have met women from a wide range of backgrounds. Yet, we all share a number of commonalities. Of the 15 women in my dorm, all 15 are first-time offenders, 14 have been diagnosed with some form of mental illness, 14 are women of color, 13 are single mothers, and all have either been remanded without bail or have a bail set at or above $250,000. None of the ladies, myself included, have the financial means to make bail.
In the last 6 months, I have said goodbye to several women as they have boarded the bus to the state prison where they will serve out their sentence. I have also met new ladies who have moved in and taken the empty beds. Even as our nation battles the Covid 19 pandemic, there has been no halt to the revolving door that leads into the correctional facility. With each departure and every new arrival, my new belief in the inherent unfairness of the justice system is confirmed. Each day becomes a reminder of the unjustness that targets those who are impoverished and disadvantaged. The criminal justice system proves over and over just how cruel and unfair it can be, as I quickly started to suffer the consequences of a felony conviction before ever getting a chance to plead my case. In this country, we have to prove our innocence and not our guilt.
“Those of privilege can trust in their pedigree and their wealth when their fate is being decided by the system. The rest of us, even in our innocence are not privileged with the same sureness.”
We live in a society that institutes systemic oppression and exploitation. The criminal justice system has enabled institutionalized policies that reduce people to their worst mistake. Those of us who already suffer societal oppression find ourselves at the mercy of a system that will only see us as the embodiment of our criminal charge. We will be forced to adopt identities that speak to only one act in our lives. After my sentence is served, I, too, will carry a label that will give no insight into my past, my work or my truth.
For those of us who are oppressed, less privileged and marginalized, there is a fixed fear that comes with each day. That fear is amplified when we are left to the vices of the justice system. Just as we do in society, we learn to wish, hope and pray. We survive the justice system by faith. We are forced to remain hopeful and to be void of any disillusion of confidence; for even in innocence, there is no certainty that justice will be served. However, those of privilege are able to approach the justice system with confidence. They can be certain of how things will turn out, they can make demands, and they can make bail. Those of privilege can trust in their pedigree and their wealth when their fate is being decided by the system. The rest of us, even in our innocence, are not privileged with the same sureness. The one assurance given to many of us is printed on the wall behind the judge's bench; it reads, "In God We Trust." We trust in God, we remain hopeful for recovery, and we survive by faith.
My experience with the justice system has pushed me to practice radical acceptance of that which I cannot change. However, I do so with great hope that change is on the way. Injustice and systemic oppression are evils that plague our society. We must fight against those evils. Oppressed people cannot remain oppressed forever. The unjust justice system must be corrected. I admit that I lived in ignorant bliss about the justice system until I became a victim of its wrath. I now have a responsibility to bring awareness to that which I have bore witness. May we all who are knowledgeable do our part to expose the unjust justice system. We start by urging those in authority to acknowledge where injustices exist, and we demand corrective action!
Jennifer has worked as a teacher and school program director. She has also served as a creative consultant and content editor. Jennifer is incarcerated in the United States.