What about the NEXT person he shoots, and kills??? Who is responsible??? Just asking, I'm really curious.
18
1. Take a bullet in the stomach before Judging a victim's reasoning. 2. Imagine your shooter is a gang member. How safe do you think you will be locked in jail?
5
While I understand the reasons for her reluctance to testify, what about her responsibilty to the future victims of these criminals?
7
civic duty requires toughness. that jncludes doing some things that are hard or distasteful. undoubtedly white racism damages the justice system but so does refusal to do your civic duty.
5
Cause for concern here is that so many readers fail to understand Cotton's essay, picking out one item or another and misrepresenting it, particularly interpreting her expression of sentiment as a policy statement. The subject of the essay is prosecutors jailing crime victims to frightened to appear in court. Think about that for a minute brave people who will never be confronted with even close to this situation. Additionally, that she was in and out of hospitals for five years and eventually died from her wounds seems to have escaped almost all of you.
From the column:
"When it came to my own cooperation with the prosecutor, I was reluctant. I’d finally clawed myself out of a pit of grief, despair and PTSD and I wanted to live again. Why should I risk my health to testify for the prosecution? In my case, there were more witnesses and victims than normally would agree to cooperate. The outrage caused by perpetrators opening fire into a crowd of innocent New Orleanians on Mother’s Day broke down the community’s reluctance. Additionally, our United States attorney, not our local district attorney, prosecuted the case. That made a difference, too."
From the column:
"When it came to my own cooperation with the prosecutor, I was reluctant. I’d finally clawed myself out of a pit of grief, despair and PTSD and I wanted to live again. Why should I risk my health to testify for the prosecution? In my case, there were more witnesses and victims than normally would agree to cooperate. The outrage caused by perpetrators opening fire into a crowd of innocent New Orleanians on Mother’s Day broke down the community’s reluctance. Additionally, our United States attorney, not our local district attorney, prosecuted the case. That made a difference, too."
8
Big Blue States typically have a better system of criminal justice than poor Red States. Why would that be?
We tolerate third-world government in America. We should be ashamed.
We tolerate third-world government in America. We should be ashamed.
2
When I was a prosecutor, I handled sex crimes and crimes against women and children, I worked with many victims who could not or would not testify in court. I can't imagine arresting or threatening a victim for not cooperating.
There is also the argument some of my peers would make - that as prosecutors we represent the public at large, not the individual. It's a tough balance. I do think Ms. Cotton's logic was flawed. The people who shot and killed her should be held accountable for their acts. Doing otherwise does not save those railroaded by a flawed criminal justice system.
There is also the argument some of my peers would make - that as prosecutors we represent the public at large, not the individual. It's a tough balance. I do think Ms. Cotton's logic was flawed. The people who shot and killed her should be held accountable for their acts. Doing otherwise does not save those railroaded by a flawed criminal justice system.
18
If anyone in my family were the next victim of the criminal that you chose not to testify against, I'm not sure I could control my anger toward you OR the criminal. I might very well pursue vengeance against you and the criminal, in equal degrees.
Try this analogy. A manufacturer is forced to issue a recall for faulty brakes. That very day, a mechanic decides not to fix any brakes till he gets approval for reimbursement from the automaker.
That day, my wife dies when she's hit by the car with faulty brakes that the mechanic chose not to fix. I think the manufacturer AND mechanic are both responsible for my wife's death.
We're a community. A crime is not simply something that hurts you; it hurts all of us.
Try this analogy. A manufacturer is forced to issue a recall for faulty brakes. That very day, a mechanic decides not to fix any brakes till he gets approval for reimbursement from the automaker.
That day, my wife dies when she's hit by the car with faulty brakes that the mechanic chose not to fix. I think the manufacturer AND mechanic are both responsible for my wife's death.
We're a community. A crime is not simply something that hurts you; it hurts all of us.
17
I do not see the difference between the author and the anti vaccine advocates. They approach the issue from a self benefit vs harm rather than a society - big picture - benefit vs harm. THe people who shot her were also thinking about their own issues rather than those of others. I think she was wrong. May she Rest In Peace.
15
If if no one has the courage to make a stand based on injustice, then nothing will ever change. Instead of attacking the crime victim,why not work to change a system that re-victimizes victims? The alternative is to perpetuate the existing system that doesn't work properly for anybody.
3
To Anne in Cleveland who said "actions have consequences" and "give him the death penalty." Has it ever occurred to you that Republicans, working to eliminate contraceptives and end abortion, while also taking away and voting against most support for single impoverished parents and their children might also have consequences, consequences that lead to crime? How's that for consequences?
Anne, the consequences started before this shooter even got to kindergarten. What have your votes done to help children like him?
Anne, the consequences started before this shooter even got to kindergarten. What have your votes done to help children like him?
23
If a victim of a serious crime refuses to testify for fear of retribution, compelling her testimony makes it clear that she did not want to testify, eliminating any reason for revenge. A black victim who seeks to protect black rapists and murderers has a skewed view of justice. Briefly imprisoning such a victim to convict a dangerous offender serves the interests of justice if not the preference of the victim.
15
Michjas: "eliminating any reason for revenge" is so far from reality!
10
"I also didn’t want to be part of the machine that sent men from my tribe to prison. As a black woman working on criminal justice reform, it breaks my heart to watch scores and scores of black and brown men in orange jumpsuits going into the tunnel of no return."
I don't understand this thinking - the man who shot her BROKE THE LAW and eventually killed her. And she didn't want to be "part of the machine"??? We're not talking a kid stealing a candy bar here...we're talking about someone deliberately taking a gun and shooting into the middle of a peaceful crowd. Lock him up. Give him the death penalty. What would she have us do - give him a party and invite him to have dinner with us? No one put that gun into his hand and forced him to pull the trigger. Actions have consequences and that has nothing to do with your "tribe".
I don't understand this thinking - the man who shot her BROKE THE LAW and eventually killed her. And she didn't want to be "part of the machine"??? We're not talking a kid stealing a candy bar here...we're talking about someone deliberately taking a gun and shooting into the middle of a peaceful crowd. Lock him up. Give him the death penalty. What would she have us do - give him a party and invite him to have dinner with us? No one put that gun into his hand and forced him to pull the trigger. Actions have consequences and that has nothing to do with your "tribe".
31
Perhaps if more victims pushed to have their attackers excluded from their tribe the level of violence would retreat.
8
It does when your tribe only makes up 30% of the overall population and 60% of the prison population. It does when One gets a mandatory 10 Years in Prison for possession of Crack Cocaine. While the guy arrested for possession of Powdered Cocaine gets a slap on the wrist. Crack is Cocaine but those in possession of it are punished more severely. People associate Crack Cocaine with inner cities. The Powdered Cocaine is the drug of choice of Affluent Upper Middle Class predominantly White. It's the Disparity and unequal punishments.
3
I'm just absolutely shocked at the comments on this board. Her choice was simple. She could help the person who shot her that she felt some kinship with or should could help the police who shoot and kill her friends and neighbors who no one ever prosecutes. It's a testimony to the massive divide in this country that so many people don't see why abused communities view the police as just as much of a threat to their everyday lives as they do criminals. With good reason, to these communities, there is little difference between the cops and the robbers.
28
I understand why there are people who feel threatened by the police.
How is that relevant.
A bad person took a gun and killed people.
That person is a threat to the community.
Why would you not act to end that threat because you can't trust the police.
There is no rational reason to justify the behavior you are writing about.
Two wrongs do not make a right.
How is that relevant.
A bad person took a gun and killed people.
That person is a threat to the community.
Why would you not act to end that threat because you can't trust the police.
There is no rational reason to justify the behavior you are writing about.
Two wrongs do not make a right.
27
If you believe the police are a threat to your community the morality of the choice in the real world becomes muddy.
1
Right on sister!
I have known and know your painful dilemma. I have cops and crooks in my family. I have been a crime victim along with others in my family. I have never been a criminal. But I have killers and the killed in the family. I have the shooters and the shot. I have robbers and the robbed. Outside of the cops in my family most cops have never been my friend.
I was born and bred black and poor on the South Side of Chicago. I am a product of the Chicago Public Schools K-12. I survived those mighty mean streets because although I was nobody from no where and with no one but I knew Pony Soldier aka Mickey of the Main 21 of the Almighty Black P Stone Nation. Mickey was my street godfather to whom I looked for security and justice from thugs and cops.
Segregation made all of these actors black like me. The two worst cops-2-Gun Pete and Gloves- and the two best cops-Robinson and Saffold- were black. The same thing was true of the gangsters.
The era of the godfathers has passed. There are no enforceable rules nor rulers against civilians particularly women, senior citizens and kids becoming crime victims. And instead of organized gangs it is a free for all corner by corner street by street anarchy. And the cops are more incompetent and cowardly than ever acting as a alien foreign occupying army.
I have known and know your painful dilemma. I have cops and crooks in my family. I have been a crime victim along with others in my family. I have never been a criminal. But I have killers and the killed in the family. I have the shooters and the shot. I have robbers and the robbed. Outside of the cops in my family most cops have never been my friend.
I was born and bred black and poor on the South Side of Chicago. I am a product of the Chicago Public Schools K-12. I survived those mighty mean streets because although I was nobody from no where and with no one but I knew Pony Soldier aka Mickey of the Main 21 of the Almighty Black P Stone Nation. Mickey was my street godfather to whom I looked for security and justice from thugs and cops.
Segregation made all of these actors black like me. The two worst cops-2-Gun Pete and Gloves- and the two best cops-Robinson and Saffold- were black. The same thing was true of the gangsters.
The era of the godfathers has passed. There are no enforceable rules nor rulers against civilians particularly women, senior citizens and kids becoming crime victims. And instead of organized gangs it is a free for all corner by corner street by street anarchy. And the cops are more incompetent and cowardly than ever acting as a alien foreign occupying army.
16
I'm a New Orleanian, too, and I have followed Deb Cotton's case as well as the locally famous "Mother's Day parade shooting." I was sad to read of her sudden death. I also understand the impulse of black Americans not to send more young black men to prison, but the time for sympathy for these young men should have been many, many years earlier. Until we get programs like the Harlem Children's Zone, which begin at conception and last through college, to help keep at risk children in school and help them end up with careers and jobs, we will continue to end up with too many young men whose only employment option is gang life, crime, and drugs. Keeping criminals on the streets only leads to more crime. Invest some money in infants and young children to guide them toward a future as productive citizens instead of a life of crime.
22
I'm speechless. Almost. How does it help her tribe if she didn't testify & her tribe continues to perpetrate senseless acts on its own? This was not logical & she died for nothing. Her loyalty was unreturned by her tribe & will continue to be until they're held accountable for their actions.
39
If you don't understand, go back and read the piece with an open mind. The information and understanding you seek is clearly stated in the article.
I was a federal prosecutor for 20 years and never once considered prosecuting a victim, nor do I know any other prosecutors who considered going that route. Ms. Cotton brings up a very rare issue in the criminal justice system. In the cases she talks about, I am with her. But sometimes a rape victim won't testify because the rapist is a repeat offender blackmailing her, so that the fears of the victim must be weighed carefully against the interests of all the previous victims.. Likewise, a low level organized crime member may be afraid of testifying against a crime boss who has killed dozens. That's another sort of case where general rules are not helpful and the interest of justice is complicated.
To the extent, that Ms. Cotton calls for a binding rule to apply to all cases, I beg to differ.
To the extent, that Ms. Cotton calls for a binding rule to apply to all cases, I beg to differ.
18
Have you ever been a crime victim living in a hood terrorized by cops and crooks?
Most crimes and criminals are state and local affairs.
Most crimes and criminals are state and local affairs.
6
I'm sorry, but Cotton's key motivation is as racist as the system / authorities she condemns. Our system of justice demands that criminals be prosecuted in a race blind way. Does it do so? No. But when the circumstances and evidence seem so blatantly racially neutral, it is a citizen's duty to participate in the system. Cotton's rationalization, however heartfelt, is deeply misguided on this front. What is not misguided is her second rationale - reliving the trauma of her crime on the witness stand. This is a much more troubling ethical dilemma. Our courts, by design, are an adversarial system, which does put deeply traumatized victims in the awful position of having to deepen that trauma to see justice done. Cotton's argument against using coercion to compel victims to testify is morally sound. This is an area, victim's rights, that deserves deep reconsideration by today's legal scholars - as serious modification to the law's adversarial nature clearly need to be modified - to compel it and its practitioners to be more compassionate in such circumstances.
18
Stockholm Syndrome? Held hostage to a black-male identified rhetoric that presumes a black woman's life is less important than that of a young black male thug. Ridiculous attitude.
22
"I also didn’t want to be part of the machine that sent men from my tribe to prison. "
That is the problem when someone only sees race and not stopping violence. Black on black crime and sky-high crime rates in general are problems in major cities with a predominantly black population. Quit thinking tribe and start thinking safe community.
That is the problem when someone only sees race and not stopping violence. Black on black crime and sky-high crime rates in general are problems in major cities with a predominantly black population. Quit thinking tribe and start thinking safe community.
34
This is the thinking that puts 35% of the black male population in prison. Find another way!
Like many other commenters, I was overcome with sympathy for Ms. Cotton's ordeal and with admiration for her work in the community. All too often, black Americans don't get a fair shake in the criminal justice system, and that is absolutely unacceptable. I saw it firsthand as a prospective juror on a robbery trial, in which the black defendant was being represented by a uniformly incompetent and unprepared public defender. We can, and should, do better.
But it's also absolutely unacceptable -- no ifs, ands, or buts -- for tribalism to play any role at any step in the process. There is a reason so many commenters have seized on this line: tribal politics are toxic in a multiethnic democracy like ours. Ms. Cotton unwittingly delegitimizes the grievances of her community when she advocates for protecting criminals from facing justice for very serious crimes -- including her own murder -- simply because they are black.
But it's also absolutely unacceptable -- no ifs, ands, or buts -- for tribalism to play any role at any step in the process. There is a reason so many commenters have seized on this line: tribal politics are toxic in a multiethnic democracy like ours. Ms. Cotton unwittingly delegitimizes the grievances of her community when she advocates for protecting criminals from facing justice for very serious crimes -- including her own murder -- simply because they are black.
36
If you can't accept that you are part of the same tribe as people who do horrible things then you will never accept that you yourself can do horrible things. And so the spiral of righteousness continues until we all live in gated communities with guns pointed out the windows watching nervously all night so we can protect our 'freedom'.
12
Those guys were not her tribe. Now that she's dead I hope they are tried for murder.
25
I am as big a bleeding-heart liberal as you will ever find, but I gotta say, when you refuse to testify against someone who opens fire into a crowd because you don't want to help put someone from "your tribe" into prison, I can't support that.
You are actually weakening your tribe with that kind of action.
Absolutely ridiculous.
You are actually weakening your tribe with that kind of action.
Absolutely ridiculous.
68
PUNISHMENT
Punishment will never be the cure. Punishment is the cause. Being behind locked doors can be either punishment or protection. We have chosen punishment.
Those who commit crimes have in almost all cases experienced brutal punishment from the day they were born and have only experienced protection on rare occasions. Nurture, kindness, etc. are foreign to them.
What could be more natural for them than to strike out against a parade of mothers?
Punishment will never be the cure. Punishment is the cause. Being behind locked doors can be either punishment or protection. We have chosen punishment.
Those who commit crimes have in almost all cases experienced brutal punishment from the day they were born and have only experienced protection on rare occasions. Nurture, kindness, etc. are foreign to them.
What could be more natural for them than to strike out against a parade of mothers?
3
What a bunch of apathetic "victims" we've become. Testifying is not easy or convenient, and in fact may be very difficult, especially in the context of assault, murder (witness), or rape. BUT this woman was shot by an unknown man (purportedly black) during a parade in broad daylight, and she presumably has material facts as to the crime. No mention of gang activity.
And the victim gives the following excuses for not testifying: (1) a risk to her health (presumably "grief, despair and PTSD") -- but she publishes a piece and photo in the NYT (!); (2) the federal prosecutor presumably had enough witnesses -- how would she know, without hearing all of the testimony, and then making a decision as to the weight of evidence?; and (3) she did not "want to be a part of the machine that sent men from my tribe to prison" -- and this from an educated person and reporter who presumably makes a living knocking nouns against verbs. If I was shot by a person of any color or gender and I made a calculation that testifying would not put my family in immediate danger, then, of course, I would step up a testify. And I know I am not alone in reading this article and wanting to scream.
And the victim gives the following excuses for not testifying: (1) a risk to her health (presumably "grief, despair and PTSD") -- but she publishes a piece and photo in the NYT (!); (2) the federal prosecutor presumably had enough witnesses -- how would she know, without hearing all of the testimony, and then making a decision as to the weight of evidence?; and (3) she did not "want to be a part of the machine that sent men from my tribe to prison" -- and this from an educated person and reporter who presumably makes a living knocking nouns against verbs. If I was shot by a person of any color or gender and I made a calculation that testifying would not put my family in immediate danger, then, of course, I would step up a testify. And I know I am not alone in reading this article and wanting to scream.
19
In local news coverage at the time of Deb Cotton’s shooting, the shooters, two brothers named Akein "Keemy" Scott and Shawn "Shizzle" Scott, were cited as members of the "FnD" gang, a local heroin and crack drug-trafficking gang. The parade included members of a rival gang, and Ms. Cotton was photographing it for a local publication. The brothers pled guilty, so Ms. Cotton’s testimony was not required. Nonetheless, and in spite of the terrible penalty she paid, I think her decision to act to keep violent criminals on the street because it protects her “tribe” is misguided and contributes to the epidemic of violence sweeping New Orleans and many other large cities.
10
All very good points made by the author - UNTIL
she made reference to her "tribe."
As someone else stated, all tribes have a few bad apples and they should be removed from society and punished for their crimes. Period.
One last afterthought: I'm betting many people read that "tribe" reference and didn't even blink.
If I, as a white male, had said I didn't want to see a member of MY
"tribe" go to jail, peoples' heads, black and white, would be exploding.
she made reference to her "tribe."
As someone else stated, all tribes have a few bad apples and they should be removed from society and punished for their crimes. Period.
One last afterthought: I'm betting many people read that "tribe" reference and didn't even blink.
If I, as a white male, had said I didn't want to see a member of MY
"tribe" go to jail, peoples' heads, black and white, would be exploding.
47
davequ, respectfully, if members of your tribe were treated the way deb's tribe (higher rates of incarceration, longer sentences for the same crime; racial profiling, etc) are by the criminal justice system then i assure you, not as many heads would be exploding as you think.
6
i concur with what you say. However, the author is deceased so I'll refrain from criticizing her choices. i do not believe in allowing criminals to roam free simply because I disagree with incarceration rates. They are victimizing their community and furthering the criminalization of other young people in a self destructive cycle. They must be removed and penalized for their crimes.
5
Actually, every head that needed to explode to make sure whites weren't treated worse than another group would have already exploded. With bullets...
I'm white, and it drives me crazy that some people in my tribe are incensed by the fact they can't use the same minority-related terms as historically oppressed groups can. These guys howl over not being able to have a white version of the BET awards. Get real, you had 200 years of that! Try watching your brother being hanged from a tree for looking at a black woman and then talk to me about the injustice of it all.
I'm white, and it drives me crazy that some people in my tribe are incensed by the fact they can't use the same minority-related terms as historically oppressed groups can. These guys howl over not being able to have a white version of the BET awards. Get real, you had 200 years of that! Try watching your brother being hanged from a tree for looking at a black woman and then talk to me about the injustice of it all.
4
Maybe the man who shot her was on the street only as a result of a prior victim's reluctance to rat on a tribesman.... I get not trusting the New Orleans DA. That's a different issue. But taking a blanket position that African American crime victims should not testify against African American criminals is just another form of self-inflicted punishment on that community.
49
"I did not want to be part of the machine that sends my tribe to prison"?
Keep those criminals free so that they can destroy the lives of other innocent victims and the loved ones of those victims?
This thinking is cruel and ends in the failed states with endless killing and cruelty as we witness in Syria, Libya ,Syria, and other failed states.
Anarchy is not nirvana but hell.
Keep those criminals free so that they can destroy the lives of other innocent victims and the loved ones of those victims?
This thinking is cruel and ends in the failed states with endless killing and cruelty as we witness in Syria, Libya ,Syria, and other failed states.
Anarchy is not nirvana but hell.
27
Did you read the rest of what she had to say?
1
to Phyllis
Not relevant,
Not relevant,
2
The man was was finally convicted for the infamous rape of "Jenny" in Houston was a serial rapist. The over-worked, well-meaning prosecutor surely could have done better in that case -- as could his office and community -- but surely you don't propose just letting the rapist go.
18
Jailing a victim for not testifying is victimizing them all over again. I don't know how anyone could possibly recover.
6
"In my case, there were more witnesses and victims than normally would agree to cooperate. The outrage caused by perpetrators opening fire into a crowd of innocent New Orleanians on Mother’s Day broke down the community’s reluctance."
But it did not break down the author's reluctance. It must be said: Taking the position that, I don't need to the difficult thing because others are doing that difficult thing - well, you could argue that it is understandable, but it is also nothing to be proud of, I'm afraid.
But it did not break down the author's reluctance. It must be said: Taking the position that, I don't need to the difficult thing because others are doing that difficult thing - well, you could argue that it is understandable, but it is also nothing to be proud of, I'm afraid.
32
So sorry that ms cotton suffered and died from injuries committed by the criminal who shot her . But really unclear from her comment and letter if refusal to testify
Was fear of retaliation or Disdain for criminal justice system as it relates to African Americans . If reason is latter then unfortunately she missed opportunity to remove the murderer from the streets for some period of time and thereby saving other innocent victims from a similar fate .
Was fear of retaliation or Disdain for criminal justice system as it relates to African Americans . If reason is latter then unfortunately she missed opportunity to remove the murderer from the streets for some period of time and thereby saving other innocent victims from a similar fate .
10
People want the peace, without paying the price. The price is setting high standards and then holding people accountable for violations of those standards. Holding people accountable and changing behaviors is hard. It's hard at home, at school, at work, and in the community, but it has to be done. A crime victim should want to hold the predator accountable. That comes with a price. Sad but true. Hard but necessary. Her case was different in that there were so many other witnesses, so hard to understand why she was necessary.
14
Many, many years ago my family lived in such a place. And I understand why it is difficult for many readers to understand Ms. Cotton's point of view. It is difficult for me to remember. In such a situation, the community cobbles together a modus vivendi of a sort, usually not a very good sort. Hers was a protest against a system by refusing to take any part in it.
5
I am sure that the author, now deceased, imagined what many people would say against her decision to refuse to testify against her assilants. But I am glad she didn't have to read them in black and White. The decision to testify or not because of fear, because of being part of a group of people. is personal and no prosecution should be allowed to jail people for not bending to its wishes.
4
There is a great deal of indignation about obstructing justice and letting brutal killers walk free. Let's take a step back. Do we know that the shooters are serial killers or terrorists? Do we know that they are likely to kill again and again? Many law enforcement officers who have killed without justification, despite witnesses and video, walk free. Shouldn't we be afraid of them? Was justice served? American justice is not blind, color or otherwise. And beyond the shootings, there are countless acts of unprovoked violence perpetrated each and every day, by law enforcement, on those with black and brown skin. We have witnesses. We have video. We still need to be afraid. Very afraid.
3
Agreed there are reasons to be afraid of the police.
Don't see how that is relevant.
I understand you don't want to help a cop.
By giving testimony against a killer you are not helping the police.
You are putting a bad guy away.
The enemy of my enemy is not always my friend.
Don't see how that is relevant.
I understand you don't want to help a cop.
By giving testimony against a killer you are not helping the police.
You are putting a bad guy away.
The enemy of my enemy is not always my friend.
1
Keep shielding them so the community will continue to get shot.
12
"I also didn't want to be part of the machine that sent men from my tribe to prison."
The author feels greater kinship with violent members of her "tribe" than she does with "justice".
The author feels greater kinship with violent members of her "tribe" than she does with "justice".
23
It's hard to accept, but I guess the point she was making is that she and her "tribe" have been failed by the justice system.
6
What you refuse to acknowledge is that Cotton saw no source of justice in her case. Viewing the US criminal justice system as "justice" in a simplistic sense suggests one lacks experience with it.
2
and so? the solution is to not take part in, and perhaps thereby shape, the justice system?
1
I'm sure the other people shot appreciate the author's wish to have no part in sending members of her tribe, members who brutally mowed down innocent people, to prison.
Members of any tribe who shoot others need to go to prison. Shame on those who refuse to act because of the color of the criminal's skin. isn't that called racism?
Members of any tribe who shoot others need to go to prison. Shame on those who refuse to act because of the color of the criminal's skin. isn't that called racism?
17
Imagine the ramifications of this "tribe loyalty" frame of mind if it continues to spread. Free pass to those criminals fortunate enough to have their crimes witnessed only by people with the same skin color! Heaven help us all (and not just one tribe).
14
And . . . society slumps a little lower.
Don't ever blame us for your problems again.
Don't ever blame us for your problems again.
13
Reluctance, or outright refusal, to testify is how Al Capone and his "Outfit" was able to grow and grow and grow and grow until both took over Illinois (and Wisconsin, Ohio, Indiana, Missouri, New York and New Jersey in conjunction with other mobs) during the Roaring Twenties. Justice finally brought Capone down but his ilk still carry on; here especially. Wanton murder and mayhem still rule Chicago's Southside and west suburbs like they did back in the Bad Old Days; same wine, new bottles. Police and prosecutors attack it through perjury at trial and by destroying exculpating evidence but that creates its own problems. How many Chicagoland criminal convictions might be tainted by prosecutorial misconduct? 20%? 25%? It wouldn't surprise me.
If life is just an ongoing lottery most victims and witnesses drew the short straw. Bad luck, bad timing, being in the wrong place at the wrong time put them in a sorry place. Not their fault. But they owe a duty of care to "society", the rest of us, to lock up those who did them wrong before they can "take more scores", as career criminals like to say.
Cities have been likened to "concrete jungles"; usually a metaphor but truer than most care to admit. Not testifying at trials undermines the dikes that keep the Law of The Jungle, "survival of the fittest", at bay -- the "fittest" the most violent, vicious, destructive. As bad as our system of justice might be the Law of the Jungle and its "justice" are infinitely worse.
If life is just an ongoing lottery most victims and witnesses drew the short straw. Bad luck, bad timing, being in the wrong place at the wrong time put them in a sorry place. Not their fault. But they owe a duty of care to "society", the rest of us, to lock up those who did them wrong before they can "take more scores", as career criminals like to say.
Cities have been likened to "concrete jungles"; usually a metaphor but truer than most care to admit. Not testifying at trials undermines the dikes that keep the Law of The Jungle, "survival of the fittest", at bay -- the "fittest" the most violent, vicious, destructive. As bad as our system of justice might be the Law of the Jungle and its "justice" are infinitely worse.
8
I already miss her...and I never had the opportunity to know her.
Thank you, Deborah. And thank you, Mr. Rooks. May her death and her determination keep her in the hearts of those who understand and those who want so much to understand.
Thank you, Deborah. And thank you, Mr. Rooks. May her death and her determination keep her in the hearts of those who understand and those who want so much to understand.
3
Behold the hypocrisy of the commenters who object to the now deceased author's use of the word "tribe", while turning a blind eye to the completely racially biased criminal justice system, where Black and Latino people have a completely different experience and are far more likely chances of being targeted, arrested, convicted and given long sentences. White teens don't routinely have to get the warning that they may be killed by police regardless of guilt or innocence if they inadvertently catch an officers attention. Even when innocently leaving a party and driving away from officers at just 15 years old.
11
I do not turn a blind eye to it. I condemn tribalism wherever it exists, especially in law enforcement.
11
Do you think the person who shot her was unfairly "targeted" for racial reasons?
5
I get that part. The part I don't get is letting a murder who shoots into an open crowd go free just because he's part of your tribe. That's a bit too far.
10
I am a retired police officer. Over a 30 year period and having worked in the Army, and several different states, I never worked where this option was not law. I also know NOT ONE instance where it was used. There must be something untold here or unseen for this to have happened. One reader knew of a DA that lost her next election after invoking this option. What I am saying is be cautious about swallowing these facts whole. This is totally a LAST resort. What happened to force that decision?
9
It is used in Harris County and cost our last DA her job.
I agree. Sounds like the DA was unusually heavy handed. The fact that the power to subpoena and the prohibition against perjury subject a victim to jail is usually enough to make a victim feel that they don't have to choose to cooperate -- that they have to. That, in turn, makes the victim less afraid of repercussions and less guilty that they are participating in retribution.
People who have never lived in New Orleans may be unaware of the depth of corruption and incompetence in the New Orleans District Attorney's Office. Recently it was revealed that fake subpoenas being sent to witnesses and suspects to attempt to intimidate them into cooperating. Combined with the crisis in the public defender's office, it does not surprise me that citizens, even victims, are unwilling to cooperate with the New Orleans District Attorney's Office.
8
I understand that, for some victims, the fear of retribution or additional trauma might outweigh the desire to protect the community. And they should have the right to make that choice.
My own decision, after I was raped and robbed at knifepoint, was to cooperate fully despite those fears. I could not have lived with myself if I had not done my best to ensure that he could not attack anyone else.
My own decision, after I was raped and robbed at knifepoint, was to cooperate fully despite those fears. I could not have lived with myself if I had not done my best to ensure that he could not attack anyone else.
16
Seems to me the author's life and death stand as Exhibit A for the twin perils of 1/ having a troubled justice system in which African Americans have perhaps less faith than most. And 2/ a level of casual violence among those who've no faith in the system and who consequently see gangsterism as the only realistic thing they can aspire to.
Another angle I look at this from is the absurd and tragic way that people with the same skin tone identify with each other rather than across gender lines. The reality is this is a typical crime of young males, the victims in so many instances are female, and that males account for almost all the violence in the world against themselves and against women.
Another angle I look at this from is the absurd and tragic way that people with the same skin tone identify with each other rather than across gender lines. The reality is this is a typical crime of young males, the victims in so many instances are female, and that males account for almost all the violence in the world against themselves and against women.
9
Many many problems with the justice system have been highlighted over the past few years. But where are the solutions? It seems like there is always a mea culpa and nothing gets done. No solutions, not even discussions of possible solutions. Nothing.
In Baltimore the police budget has tripled over the past several years but the same problems persist. Can we look forward to ever increasing costs around law enforcement without any solutions?
In Baltimore the police budget has tripled over the past several years but the same problems persist. Can we look forward to ever increasing costs around law enforcement without any solutions?
4
Why do you think that is? Maybe due to political pressure, and the people who have their political fiefdoms don't want to do what has to be done because of allegiance to other interests. Many of us live in safe communities, where curfews are enforced, and people demand good schools, and good behaviors from their children. Check out other cities and see how they got on top of these problems. Check out "crime solutions" dot gov.
Thanks for this article. The community lost a valuable voice and a courageous soul. Putting aside the many valid reasons she had to not testify, such as others were willing to do so and she was suffering from pain and anguish of being traumatically shot, I'd say it is one thing to not testify against a kindred spirit who has been selling drugs or some such offense and another matter not to testify against one who has opened fire on his own brothers. That's a whole 'nother kettle of fish.
1
No doubt about it. Victims and witnesses need to get better protection; the prosecutor needs to implement special protection-programs for reluctant witnesses to prevent them to become victims (again) of the legal process. What I don't understand is the tribal argument of the author. Does that mean that only perpetrators who aren't ones own race deserve to be hold responsible? That's a dangerous thinking.
4
Before deciding that prosecutors and not the individual has the right whether or not to testify despite emotional and real physical risks, we need to consider what's happening in the criminal justice system, not only in New Orleans, but throughout the U.S.
But, using New Orleans as an example, here are articles about how prosecution is currently and has been handled, and then ask yourself, would you feel comfortable testifying?
http://readersupportednews.org/news-section2/318-66/43343-prosecuted-by-...
https://www.theguardian.com/us-news/2016/sep/08/louisiana-public-defende...
And finally, here's our Supreme Court, with Justice Thomas writing for the majority, giving New Orleans prosecutors the OK to continue with their long history of withholding exculpatory evidence.
http://www.slate.com/articles/news_and_politics/jurisprudence/2011/04/cr...
But, using New Orleans as an example, here are articles about how prosecution is currently and has been handled, and then ask yourself, would you feel comfortable testifying?
http://readersupportednews.org/news-section2/318-66/43343-prosecuted-by-...
https://www.theguardian.com/us-news/2016/sep/08/louisiana-public-defende...
And finally, here's our Supreme Court, with Justice Thomas writing for the majority, giving New Orleans prosecutors the OK to continue with their long history of withholding exculpatory evidence.
http://www.slate.com/articles/news_and_politics/jurisprudence/2011/04/cr...
3
This is yet another feature of the breakdown of a civilized society. Some things take enormous courage. We laud it in WWII veterans or in good Samaritans in daily life or the many who are called "hero" for various reasons. It is wrong to make a decision not to report, not to turn in, not to testify when one has knowledge of criminals. Quite often it takes a lot of courage to do the right thing and there are plenty of situations when doing the right thing is very clear and obvious. It is hard to judge someone who suffered and then died as a result of the awful thing done to her and to other innocents, but not to step up and be brave and do the right thing? That is not the behavior of a solid member of a civilized society. We all need courage to live in a brutal and brutish world and we need courage to try to make it better.
This writer understandably and rightfully describes futility, cynicism and fear around reporting to an ineffectual and corrupt system, but she is recommending meeting corruption with corruption. That is not the way of a good society and to denigrate "tough on crime" types must imply support for an "easy on crime" outlook, also not the way of a good society. This victim's attitude of protection of the criminals provides only more abandonment and cruelty to the victims. To feel "heartbreak" over black and brown men in orange jumpsuits must negate compassion and heartbreak for their innocent victims, way too often young children, for one example!
This writer understandably and rightfully describes futility, cynicism and fear around reporting to an ineffectual and corrupt system, but she is recommending meeting corruption with corruption. That is not the way of a good society and to denigrate "tough on crime" types must imply support for an "easy on crime" outlook, also not the way of a good society. This victim's attitude of protection of the criminals provides only more abandonment and cruelty to the victims. To feel "heartbreak" over black and brown men in orange jumpsuits must negate compassion and heartbreak for their innocent victims, way too often young children, for one example!
5
Your comments regarding denigrating tough on crime types & feeling compassion for black/brown men in orange jumpsuits draw some incorrect conclusions & in the process showcase an outlook afforded by being part of one of the groups of people who are largely treated as citizens who have rights by the criminal justice system. Not supporting "tough-on-crime" approaches doesn't in any way imply support for being easy on crime. That term (T-O-C) is shorthand for a system that criminalizes far too many citizens while giving passes to others for comparable behavior e.g. whether smoking pot is viewed as evidence of hoodlum behavior deserving a criminal record or just "kids being kids" with a verbal warning being sufficient. Likewise, in regard to black/brown bodies in orange jumpsuits, while choosing not to be a witness to a shooting crime may be misguided, the fact remains that those demographics are hugely overrepresented in prisons & that isn't because of some increased innate criminality among the black & brown citizens but rather due largely to selective law enforcement scrutiny & bias in charging & sentencing decisions. Admittedly, greatly increased poverty may play a role but certainly its effects are no more than would be present for any groups afflicted by similar economic circumstances. Before you claim that those circumstances are all the fault of the people in question, consider the financial effect of a criminal record in my pot smoking example.
Dave. Elmira
“However, the fabric of our society - for everyone - fails if the rule of law cannot be relied upon.”
Cowboy. Wichita
“By not testifying (withholding evidence) one is not working with the community in building trust in the system.”
The fabric of our society has failed and continues to fail because the system is untrustworthy. And the system is untrustworthy because the rule of law is not equally applied.
“However, the fabric of our society - for everyone - fails if the rule of law cannot be relied upon.”
Cowboy. Wichita
“By not testifying (withholding evidence) one is not working with the community in building trust in the system.”
The fabric of our society has failed and continues to fail because the system is untrustworthy. And the system is untrustworthy because the rule of law is not equally applied.
2
As recently reported in New Orleans newspapers, NOPD has a murder case clearance rate of about 20%. They only solve about 20% of the murder cases, in part because people will not serve as witnesses. Violent crime is, and has been for several years, getting worse in the city. There was a shooting incident just yesterday at a New Orleans east apartment where the police found over 50 cartridge cases from three different guns on the scene.
It has also recently been reported that the district attorneys in Orleans and Jefferson parishes have been sending out fake subpoenas threatening witnesses with prosecution if they don't appear in court.
I can't blame anyone for not wanting to get involved with the so-called criminal justice system in New Orleans.
It has also recently been reported that the district attorneys in Orleans and Jefferson parishes have been sending out fake subpoenas threatening witnesses with prosecution if they don't appear in court.
I can't blame anyone for not wanting to get involved with the so-called criminal justice system in New Orleans.
3
Shootings, and crime in general, affects the full population and not just the victim. While we must be sensitive to the emotional state and safety of the victim, to say they have no obligation to testify is wrong. It helps to perpetuate violence and, in particular, the type of violence we see in areas most troubled with gangs, such as Chicago and New Orleans.
If we expect violent offenders to repeat their crimes, victims who don't testify are unintentional accomplices to the next crime the offender commits.
If we expect violent offenders to repeat their crimes, victims who don't testify are unintentional accomplices to the next crime the offender commits.
5
Opposition to the draft implies that you need not be a sacrificial lamb to be a good citizen. The risks to witnesses are just as real as they were to those being shipped to Vietnam. We decided, as a society, that risking your welfare for your country should be your decision. It still applies.
1
I'm afraid I must vociferously disagree with the sadly late author of this piece. When making moral, ethical and legal decisions, one must always ask, "What would happen if everyone acted as I did?" Obviously, no good would come of no one coming forward to report crime. It is astonishing to me that a woman who would unfortunately eventually die, primarily as a result of complications from being shot, would hesitate to testify against the vicious, thoughtless people who shot her. And apparently, because she doesn't want to see these young men go to prison! My Lord, if they don't go to prison for shooting you, what WOULD you send them to prison for? And, as I implied above, just because others want to testify does not excuse the author from truthfully relating the story of the capital offense against her. Other witnesses are not she; she was the one who got shot. People have to step up and report heinous crimes. This isn't a parking ticket, and it isn't snitching. It's a search for justice, and I am sorry that the author didn't feel she deserved it.
16
I understand the reluctance to testify if law enforcement has demonstrated an inability to protect witnesses.
However I was completely lost when the author suggested not wanting to testify against her own "tribe". If this is by any measure a common attitude, what does that say about hyper-violent black communities in major US cities that have persisted despite every kind of federal/local program? Where is the race narrative really coming from..
However I was completely lost when the author suggested not wanting to testify against her own "tribe". If this is by any measure a common attitude, what does that say about hyper-violent black communities in major US cities that have persisted despite every kind of federal/local program? Where is the race narrative really coming from..
16
My tribe is law-abiding people of good will, of whatever color.
3
I know other commenters have already referenced this, but...is it in ANY way, shape or form acceptable to use the word TRIBE to refer to a race of humans in these "politically correct" times? Further, it's a simple inference to deduce that if the shooters had been from a race other than the victim's, that Ms. Cotton very well might have testified against them and/or otherwise aided the prosecution?
Lastly, I am not a legal professional nor do I have a material working knowledge of "obstruction of justice". I'm not confident that Ms. Cotton did either.
Lastly, I am not a legal professional nor do I have a material working knowledge of "obstruction of justice". I'm not confident that Ms. Cotton did either.
13
Writing as someone who has most personally experienced the impact of violent crime, Ms. Cotton shares an array of feelings, perspectives and facts related to crime victims often being further victimized because of testifying . She raises a number of good points and is (I think) deeply honest in saying that she hates the idea of testifying against members of her own "tribe". She didn't say that she WOULDN'T ever testify and notes that she was fortunate because many others were available to do so in her case, so she was spared that ultimate decision. Lucky her. Of course we need witnesses to speak up and of course there is citizen responsibility to do so. But do we ignore the risks to victims and witnesses? To be a good citizen am I mandated to risk my life (again) and/or lives of others in order to prosecute a case? And does anyone think that those who refuse to testify are just trying to protect the accused? Seriously?
This article was about the ethics and impact of FORCING crime victims to testify;arresting and in some cases jailing them if they refused. Surely this is worthy of discussion and study. Ms Cotton, as both a victim of violent crime and active in the study of such, should be allowed her considered thoughts on the situation.
This article was about the ethics and impact of FORCING crime victims to testify;arresting and in some cases jailing them if they refused. Surely this is worthy of discussion and study. Ms Cotton, as both a victim of violent crime and active in the study of such, should be allowed her considered thoughts on the situation.
5
I didn't know whether to agree or disagree. But, in the end, I know that I would not testify. It is too dangerous. Being reminded about the brutal and racist police force in New Orleans helped me to understand her decision.
If she wanted to do something about the situation, maybe she could have spoken out for gun control. She could written another essay on the topic. Then, she would be doing something about a bad situation.
If she wanted to do something about the situation, maybe she could have spoken out for gun control. She could written another essay on the topic. Then, she would be doing something about a bad situation.
2
How far gone do you have to be to not want to send "men from my tribe to prison" when those men from your tribe fired gunshots randomly "into a a crowd of innocent New Orleanians on Mother's Day"?
You need to belong to a better tribe.
You need to belong to a better tribe.
19
You're entirely missing the message.
The cops aren't the " good guys" to this writer. This writer is not you, and does not share your experiences. Listen.
She has no trust the police or courts will do the right thing if she cooperated, because there is not reason to believe this based upon the authors experiences. Consider that your experiences rae not everyone's experiences.
Black guys get killed because they " look like" a suspect. Active shooters get taken in alive, and even go to Burger King.
The cops aren't the " good guys" to this writer. This writer is not you, and does not share your experiences. Listen.
She has no trust the police or courts will do the right thing if she cooperated, because there is not reason to believe this based upon the authors experiences. Consider that your experiences rae not everyone's experiences.
Black guys get killed because they " look like" a suspect. Active shooters get taken in alive, and even go to Burger King.
3
No crime victim should be forced to testify, or jailed or otherwise punished for refusing to do so.
But is makes no sense to say you want to see law enforcement based on safety, but that people who shot into a crowd should not go to jail.
But is makes no sense to say you want to see law enforcement based on safety, but that people who shot into a crowd should not go to jail.
12
Wow this is such illogical thinking it's scary...
28
As long as the black and brown community shelters and shields rapists, robbers, drug dealers, and murderers, no one, not even infants, will be safe in those communities. Black and brown men aren't in prison as the result of a "machine". They wind up in prison when they commit crimes, just as do men and women of other races.
17
So not true. Did you not follow the background on the Ferguson situation? Black residents were routinely harassed, stopped, fined and arrested in numbers greatly outnumbering their percentage of the population. This is in large measure because fines and fees have become a lucrative and necessary form of taxation policy for strapped communities. Pull over a black driver, tell him his tail light is out, fine him. More money for city coffers. Meanwhile this white senior citizen drove around with one headlight out for six months and never got pulled over once.
2
What was happening in Ferguson was horrifying, precisely because driving around with a broken taillight is on a completely different planet from firing into a crowd of innocent people.
1
I witnessed this first hand when I was seated on a jury for a criminal trial in Saint Louis. The perpetrator was a black man and the victim of his vicious violence was a black woman. The evidence was overwhelming. By the way, the judge was black, the prosecuting attorney was black and the defense attorney was white. The jury consisted of ten whites and an older middle class black woman along with a middle aged and middle class black man.
The result was a hung jury with the two black people expressing reasonable doubt for the sole purpose of "blaming the victim" and not "wanting to send another brother to the penitentiary."
I now live in rural Missouri where the black population is less than 1%. We still have criminals though, and they get caught, tried, convicted, and sent away, to not harm the population in the future. Victims not testifying is unheard off.
Every tribe has "bad apples". It is the duty of the tribe to not let the bad apples be in control of the tribe by virtue of their criminal ways.
Nuf Said
The result was a hung jury with the two black people expressing reasonable doubt for the sole purpose of "blaming the victim" and not "wanting to send another brother to the penitentiary."
I now live in rural Missouri where the black population is less than 1%. We still have criminals though, and they get caught, tried, convicted, and sent away, to not harm the population in the future. Victims not testifying is unheard off.
Every tribe has "bad apples". It is the duty of the tribe to not let the bad apples be in control of the tribe by virtue of their criminal ways.
Nuf Said
17
Two bad responses to violent crime: 1. arrest victims, wth? 2. go mum.
3
This person is disgraceful.
Good thing Rudy Giuliani didn't mind sending men from his 'tribe' to jail.
Good thing Rudy Giuliani didn't mind sending men from his 'tribe' to jail.
10
Across the nation, there is a dramatic deficit of moral rectitude in Police and Prosecutors. Their actions belie the belief that America is a free country under the rule of law. It is, rather, under the rule of Law Enforcement.
2
A lot of people do not realize that when you swear in to testify in court first thing they do is put your name and address on record. They do this by having you state both your name and address to the room. It might be one thing if it was just your name or if you wrote down the information and it required a public records request to get the information but anyone sitting in the room has that information now. I testified in a gang murder case while in my twenties. The defendant and his family sat there as I told the court where I lived before describing getting my car shot in a drive-by that killed a young mother in the car behind me. I was the only witness who came forward and I was not aware until I was already on the stand that I would be giving my address to everyone in the room. I was lucky but people need to understand the risk that comes from testifying.
47
When I was a 15-year old HS sophomore, the school store cash box where I worked was stolen by a non-student community resident. No weapon, no violence. Just a snatch and run. The cops put me in an unmarked car and drove me around the African American section of town hoping I would see and ID the perpetrator. I did see him but in the end I refused to say with certainty that it was him. I had a number of reasons: a) I would be known as a snitch to the entire school population, b) they had not asked permission of my parents and c) they were openly racist. So many shades of grey in what too many people understand as black and white.
3
There is no witness protection for state and local witnesses.
2
Incarcerating or intimidating victims is not the solution here. The solution here is better systems for protecting and aiding those victims, so that they can testify without fear for their lives afterward. If you have to live in the community your assailant came from, among his/her family, friends, and possibly gang associates, you may be well justified in fearing retribution. You may not be able to relocate due not only to lack of funds but also due to having your own family or friends in that neighborhood, who may then be attacked in your stead. If you were offered relocation assistance, but your 70-year-old grandmother wasn't and would still be left there, what would you do?
Also, some victims are understandably reluctant to testify because of their own checkered past. Perhaps a victim is homeless, or a drug addict. Perhaps she is or has been a prostitute. Perhaps he has a gang past of his own. In that case, knowing that defense attorneys are likely to use their own questionable background against them, victims may also be reluctant to testify. (I'm not saying that was the case for this essay's writer, whose background I know nothing about, I'm just pointing out that many people who live in high-crime areas have less than spotless records themselves or have family members with criminal records). Prosecutors need to approach these victims or witnesses with care as well.
Also, some victims are understandably reluctant to testify because of their own checkered past. Perhaps a victim is homeless, or a drug addict. Perhaps she is or has been a prostitute. Perhaps he has a gang past of his own. In that case, knowing that defense attorneys are likely to use their own questionable background against them, victims may also be reluctant to testify. (I'm not saying that was the case for this essay's writer, whose background I know nothing about, I'm just pointing out that many people who live in high-crime areas have less than spotless records themselves or have family members with criminal records). Prosecutors need to approach these victims or witnesses with care as well.
2
The details of each incident can decide the victim's actions. As someone who grew up in a high-crime urban setting, I have been the victim of several crimes, two of which went to court.
In the first, while standing outside my apartment building with a friend, I was surrounded by a gang, shaken down for money and then stabbed in the chest by the gang leader. He also stabbed two other victims that night. They refused to testify. I testified for two reasons: I wanted him to be punished, and I wanted to prevent him from hurting -- or killing -- any more victims. The outcome, after many weeks of delays and diversions by his court-appointed counsel, was a misdemeanor conviction and a very short prison sentence, most of which had been served during the delays. I feared for my and my family's safety after he was released, but I believed that at least some justice was served.
In the other case, a burglar broke into my apartment, and thanks to an alert neighbor was arrested hiding in a closet, knife in hand, before he could make off with my small treasures. I again decided to testify. I arrived in court on the day of his arraignment and sat down on the bench next to a twenty-something woman in late stages of pregnancy. I learned that she was the burglar's "fiancé," and that he was a heroin addict. The ADA approached me with a plea bargain: court-mandated drug rehabilitation in lieu of prison. I quickly agreed, and hope that he was truly rehabilitated.
Decisions, decisions.
In the first, while standing outside my apartment building with a friend, I was surrounded by a gang, shaken down for money and then stabbed in the chest by the gang leader. He also stabbed two other victims that night. They refused to testify. I testified for two reasons: I wanted him to be punished, and I wanted to prevent him from hurting -- or killing -- any more victims. The outcome, after many weeks of delays and diversions by his court-appointed counsel, was a misdemeanor conviction and a very short prison sentence, most of which had been served during the delays. I feared for my and my family's safety after he was released, but I believed that at least some justice was served.
In the other case, a burglar broke into my apartment, and thanks to an alert neighbor was arrested hiding in a closet, knife in hand, before he could make off with my small treasures. I again decided to testify. I arrived in court on the day of his arraignment and sat down on the bench next to a twenty-something woman in late stages of pregnancy. I learned that she was the burglar's "fiancé," and that he was a heroin addict. The ADA approached me with a plea bargain: court-mandated drug rehabilitation in lieu of prison. I quickly agreed, and hope that he was truly rehabilitated.
Decisions, decisions.
12
And I say you are brave and a good citizen and we all owe you a debt of gratitude for knowing and doing the right thing. These are threads that make the fabric of a civilized, sane and decent society; these are the ways that set us apart (or have until recent years) from corrupt, dangerous, brutal societies. We are a nation of laws; every citizen needs to know that and act like they know it.
2
I was with her all the way until she used the word "tribe." While there are systemic problems in the criminal justice system, I fail to understand how a person (regardless of color) is worth protecting more than the (however flawed) criminal justice system.
36
sounds convincing but statistics show that the black 'tribe' is charged, prosecuted and jailed by a different set of rules than the white 'tribe' - Deborah Cotton is just asking to be able to conform to her 'tribes' perspective. Not good for our commuinity? Maybe? But not unreasonable!
2
'Just us' Richard Pryor's conclusion about what he found when he visited a prison looking for justice.
American criminal justice has always been colored separate and unequal.
Color is not 'race'. Tribe is not 'race'. Ethnicity is not 'race'.
There is only one biological DNA genetic evolutionary fit human race species that began dusky colored in Southeast Africa 250, 000 years ago.
Minnesota used to belong to the Dakota. Before the heirs of Vikings arrived to pillage and plunder. Paul was no Saint nor Disciple.
American criminal justice has always been colored separate and unequal.
Color is not 'race'. Tribe is not 'race'. Ethnicity is not 'race'.
There is only one biological DNA genetic evolutionary fit human race species that began dusky colored in Southeast Africa 250, 000 years ago.
Minnesota used to belong to the Dakota. Before the heirs of Vikings arrived to pillage and plunder. Paul was no Saint nor Disciple.
2
The biggest mass execution in American history took place in December 1862 in Minnesota as 37 Dakota were hung for their role in violent brave honorable uprising against white supremacist inhumane immoral injustice.
1
This is very common in NYC. witnesses in violent crimes are routinely arrested under what is.known as a material witness order. Without.this order many of the violent crimes would not be prosecuted.
2
This says it all.
"I also didn’t want to be part of the machine that sent men from my tribe to prison."
This is not your tribe. This is the US, where everyone is held accountable by the same law. Besides, it's not "men" it's criminals (murderers and rapists by your own account) who are sent to prison.
"We need our prosecutors to be community prosecutors."
Why not family prosecutors then? Uncle Ben will see into that little Johnny doesn't rape too often and goes to church on Sunday.
"I also didn’t want to be part of the machine that sent men from my tribe to prison."
This is not your tribe. This is the US, where everyone is held accountable by the same law. Besides, it's not "men" it's criminals (murderers and rapists by your own account) who are sent to prison.
"We need our prosecutors to be community prosecutors."
Why not family prosecutors then? Uncle Ben will see into that little Johnny doesn't rape too often and goes to church on Sunday.
9
Testifying is never pleasant, or convenient or comfortable. Never. Not for anyone. However, the fabric of our society - for everyone - fails if the rule of law cannot be relied upon. Not the "neighborhood" version of law that will be different from block to block. There are duties and responsibilities of citizenship which uphold a democratic republic. Among them are voting, paying taxes, serving in the military, and speaking up when called upon to testify. A journalist should be one of the rocks of society, models which others emulate. Safety and justice cannot be sustained without a functioning police and justice system supported by the participation of society's role models. Don't like a law or prosecutor? Change that. This is a democracy.
David Ralph, Elmira, NY
David Ralph, Elmira, NY
23
Africans were legally enslaved in an America according to the rules of law that denied their humanity as persons. Africans were discriminated against in America under the Jim Crow rule of the law that denied their equality as Americans.
2
Witness intimidation, voter registration intimidation, and gun violence against public demonstrations, for instance, were all important tools of of those who created and supported Jim Crow laws, and those were also tools of those who opposed and tried to subvert the civil rights movement in the middle of the last century, and, in some political circles, right now when it comes to access to the vote for everyone. Civil rights laws and the constitution do not enforce themselves. That takes the work and courage of those who carry the burdens and responsibilities of citizenship to ensure civil rights just as that force of character is required in order to have a society free of such crime so we can all live, work and assemble without encountering what she did.
A beautiful soul, Deborah Cotton, alas could not gather the last 5 out of a 100 of courage, to seek - along with the prosecutor - who lacked 95 of the 100, to seek a way, a solution to such life-or-death' dilemma.
1
Just tell the DA or ADA that you have been traumatized by the whole thing and that when you get up on the stand you will testify:
(1) that mentally you are not able to talk about what happened
(2) that you will tell the jury that you feel threatened by the DA and police, and so you can't honestly testify under oath.
The DA will back off.
These prosecutions are meant to intimidate people who don't understand the law.
(1) that mentally you are not able to talk about what happened
(2) that you will tell the jury that you feel threatened by the DA and police, and so you can't honestly testify under oath.
The DA will back off.
These prosecutions are meant to intimidate people who don't understand the law.
4
Though I can appreciate the difficulty some victims might have testifying, it still seems to me to be a civic duty that each of us must do. The "don't want to hurt my tribe" argument holds no water. The corollary of that is that police won't testify against other police. Is that the standard we should accept?
12
I salute the author for her bravery in questioning a criminal justice structure generally considered "the only way" to address problems in our society. An institution cannot be better than the dysfunctional society populating it - actually, it will only amplify that dysfunction. The more the comfortable (white) majority sees the present criminal justice system as the answer the less we have to see our part in marginalizing - and, hence, criminally radicalizing young black and brown men. It's quite, convenient, really.
So, everyone moralizing about this woman's lack of responsibility to the "safety" of her community –
Don't you really mean the safety of yours?
How in the world would you know what keeps her community of color safe?? (Have ya lived in one lately? Btw I have.)
Would that be white ( male) cops?
Or white (mostly male) prosecutors and judges from white privileged backgrounds? Really?
We always know what they actually need, anyway, right? You know, they can't possibly be smart enough to understand on their own - we always have to come in and teach them.
Thank goodness they have us…
So, everyone moralizing about this woman's lack of responsibility to the "safety" of her community –
Don't you really mean the safety of yours?
How in the world would you know what keeps her community of color safe?? (Have ya lived in one lately? Btw I have.)
Would that be white ( male) cops?
Or white (mostly male) prosecutors and judges from white privileged backgrounds? Really?
We always know what they actually need, anyway, right? You know, they can't possibly be smart enough to understand on their own - we always have to come in and teach them.
Thank goodness they have us…
3
I am a black female who lives in a majority minority neighborhood. I and everyone in my broader community deserves to be safe and live peacefully. If you commit criminal acts, especially when others are hurt by your actions, you should be punished, regardless of color. Thanks for the concern though.
7
Yes. If Cotton saw her shooter as a member of her tribe, he clearly did not see her that way. The entire tribe deserves better than to be shot at when they are standing around not hurting anyone.
I live in a very diverse neighborhood where murder and rapes and home invasions have happened in the relatively few years I have lived here. In fact a very decent young black man about to graduate from college was shot down and killed, his friend shot but survived just about a week ago less than a block away, the shooter still not found. I assure you I would not hesitate to testify against that shooter because I do not want to live in a country, a town, a neighborhood where the kind of decision the article's writer made is the prevailing attitude. I think our society should value courage and right behavior and standing up to the bad and the destructive. We are falling down a hole fast as we abandon even the most basic of values of safe, decent, moral civilization.
1
Many seem to be put off but Cotton's assertion that she "didn’t want to be part of the machine that sent men from my tribe to prison".
Threats from without is one of the greatest forces maintaining a sense of "tribalism" and threats on the black community are as real as hot lead.
The criminal justice system, from beat cop to courts and prisons, is indisputably stacked against persons of color. Cotton seems to feel that her testimony would feed the maw of a insatiable beast.
Threats from without is one of the greatest forces maintaining a sense of "tribalism" and threats on the black community are as real as hot lead.
The criminal justice system, from beat cop to courts and prisons, is indisputably stacked against persons of color. Cotton seems to feel that her testimony would feed the maw of a insatiable beast.
4
Wow what a terrible situation for victims. Are you implying that killers should not be prosecuted because of the color of their skin. That is a new point of view in my experience.
I do agree the entire system is rotten from the head of the stinking fish on down. But a free pass for killers? Really?
That is a new one.
I do agree the entire system is rotten from the head of the stinking fish on down. But a free pass for killers? Really?
That is a new one.
12
Yes, it'd be quite shocking if that's what she actually said; as it happens, she said nothing of the kind. The piece is about victims' rights, and in no way advocates letting violent criminals off the hook for any reason. Where are you seeing a "free pass" for killers?!
Though I can understand the reluctance of a witness or victim to come forward because of the fear of retribution by the suspect. When that suspect goes free or does not have to face consequences, that leaves them free to victimize others.
It is a shame that the criminal justice system has plagued citizens of a certain community with fear and mistrust. However to protect the criminals from prosecution is just as bad.
It is a shame that the criminal justice system has plagued citizens of a certain community with fear and mistrust. However to protect the criminals from prosecution is just as bad.
2
At no point, apparently, did Ms. Cotton give thought to the young, underpaid and overworked prosecutor, or the honest, fair-minded police officer just trying to get home safe at the end of the night, and the immense constant pressure they must face in a city like New Orleans to keep "the community" safe, without being able to expect any assistance from that "community." After enough weary nights and reluctant witnesses and victims, I don't blame them for feeling like they need to use every tool at their disposal to compel testimony. And what a shame that she felt she owed more to her "tribe," whether the particular members are guilty are not, than to others in her community who might be at risk of future crimes and violence because she refused to do her part for justice. Shame.
54
Prosecutors and the cops freely choose to take jobs paid for by tax payers like Deborah Cotton. Cotton did not choose to become a crime victim. Criminal justice is colored separate and unequal in America with prison being the continuation of the carefully carved exception to the 13th Amendments abolition of 'slavery and involuntary servitude.'
America has 25% of the imprisoned on Earth with only 5% of humanity. While only 13.2% of Americans are black 40% of the imprisoned 2.3 million are black like Ben Carson and Barack Obama. Blacks are persecuted for doing the same things that white people do while white.
You do not know anything about the crooked corrupt cops and prosecutors in New Orleans. You are ignorant of streetwise strategic and tactical survival techniques.
America has 25% of the imprisoned on Earth with only 5% of humanity. While only 13.2% of Americans are black 40% of the imprisoned 2.3 million are black like Ben Carson and Barack Obama. Blacks are persecuted for doing the same things that white people do while white.
You do not know anything about the crooked corrupt cops and prosecutors in New Orleans. You are ignorant of streetwise strategic and tactical survival techniques.
1
The problem is those people who file police complaints and the DA prosecutes only to dismiss because the complainer does not appear to testify. All those resources wasted for a complainer who is unwilling to pursue what s/he wanted done.
2
There seems to be no social problem that Americans won't try to solve with throwing someone in jail. Local prosecutors make their reputations and careers on high conviction rates and long prison sentences. So, unsurprisingly, when confronted with a problem, their solution is to do what they do best - lock 'em up. Prosecutors do not deserve all the blame for this. Their actions are often merely a reflection of the values of the community that elected them, and often there is a lot of public pressure to "produce results."
The system depends on witnesses coming forward to cooperate. However, this is a complicated problem, and if we want to get anywhere we need to look beyond always trying to fix the problem with a hammer. Not only can coercing cooperation be unfair to witnesses and victims, it creates a higher risk of false testimony. After being scared with putt in jail, it would hardly be surprising if witnesses testify to what they think would please the prosecutor rather than what they actually know.
The system depends on witnesses coming forward to cooperate. However, this is a complicated problem, and if we want to get anywhere we need to look beyond always trying to fix the problem with a hammer. Not only can coercing cooperation be unfair to witnesses and victims, it creates a higher risk of false testimony. After being scared with putt in jail, it would hardly be surprising if witnesses testify to what they think would please the prosecutor rather than what they actually know.
1
She deserves to go to prison for refusing to testify.
2
Most states have statutes regarding "material witnesses" which are used to bring witnesses into courts for testimony. It is particularly offensive, however, when prosecutors seek the assistance of courts to jail these witnesses, particularly when they are actually the victims in violent crimes. There are many reasons why a victim might not want to testify, and the "tribe" argument seems a trifle irresponsible, but the concept of utilizing the courts to deprive victims of their liberty is inherently offensive.
2
It is one thing to say that victims who refuse to cooperate with the prosecution should not themselves be prosecuted. But that hardly means that the refusal is in the wider interest of the community...
3
The shooters in Ms. Cotton's case were given either life sentences or 40 years in prison. Ms. Cotton did not contribute to a guilty man's freedom. It is incredible that people can cast aspersions on someone who had too much compassion in her heart to personally condemn these criminals to a life in the penitentiary system. Equally incredible is that there is no compassion (and for some, contempt) for victims for whom reliving a trauma over and over again or being blamed for being victimized is more aversive than not jailing their assailant. Perhaps we should think more about what fosters violent crime in our community and how to help victims heal, both physically and mentally (for which there are limited and paltry resources), and less about ways to institutionalize those who are already captive (of which there are many).
4
Victims are not criminals (unless they commit an actual crime). No one should have live with the threat of jail if they are fearful of retribution and/or have additional health concerns.
Maybe prosecution can make a better case (sometimes) with victim/witness testimony, but maybe not. In the meantime, that victim has put themselves at risk of retribution, not to mention exacerbation of any health problems (mental or physical) which can result from being cross-examined in a court of law.
I was a victim of armed robbery twice--no arrests in my case. While I would have loved to see the criminals receive substantial jail time (including the white thug in the first case), I think I would have been reluctant to put myself at the mercy of unscrupulous defense lawyers who love to tear a victim's life to shreds. Not to mention fear of retribution, having to relive the crime and see the mugs of those people.
As a disabled female, I wouldn't want the fear of retribution (especially if the criminal avoided jail) or any additional stress to my health. There's plenty of reasons why someone may or may not testify--and many of them are legitimate.
Maybe prosecution can make a better case (sometimes) with victim/witness testimony, but maybe not. In the meantime, that victim has put themselves at risk of retribution, not to mention exacerbation of any health problems (mental or physical) which can result from being cross-examined in a court of law.
I was a victim of armed robbery twice--no arrests in my case. While I would have loved to see the criminals receive substantial jail time (including the white thug in the first case), I think I would have been reluctant to put myself at the mercy of unscrupulous defense lawyers who love to tear a victim's life to shreds. Not to mention fear of retribution, having to relive the crime and see the mugs of those people.
As a disabled female, I wouldn't want the fear of retribution (especially if the criminal avoided jail) or any additional stress to my health. There's plenty of reasons why someone may or may not testify--and many of them are legitimate.
14
'Truth spoken here'
1
I agree that a person should never be forced to testify under any circumstances, for whatever reason. People can be traumatized all over again.
But to not testify in a case because there are already too many people in prison??? For god's sake, they shot into a crowd of innocent people at a MOTHER'S DAY PARADE. It doesn't get much more evil than that. To protect that sort of evil - I have to ask, why???
But to not testify in a case because there are already too many people in prison??? For god's sake, they shot into a crowd of innocent people at a MOTHER'S DAY PARADE. It doesn't get much more evil than that. To protect that sort of evil - I have to ask, why???
7
Anyone who shoots me in my stomach is no longer a member of any "Tribe" that deserves my protection. They may have been before but I think it prudent to draw the line at people who try to kill you. I don't doubt that many of these criminals grew up with little or no real parenting or guidance as children (which resulted in them having little or no education or skills, few if any prospects for a stable and productive life, no empathy, and no hope for the future), but leaving them on the street to prey on other people is worse than warehousing them for a few years. It is certainly kicking the can down the road to be sure as the vast majority of criminals will eventually be put back on the street, but when there is no political and societal will to address the remaining causes of the crime problem (notwithstanding the steep declines in crime rates over the past 40 years), the low-hanging fruit having already been picked, warehousing is much better than having more people get victimized. Real support of victims means doing what you can to prevent the creation of new victims.
59
Real support of victims means respecting their choices and their reasoning, even if you disagree. Real support of victims means not jailing the victims!
Let's not pretend that testifying is easy and harmless. I spent 8 years doing rape crisis counseling, and many rape victims told me that dealing with the police, prosecutors, and defense attorneys was as traumatic as the rape itself. Add in the fact that victims may testify only to see their perpetrators found not guilty. As a society we should do what we can to encourage safety for crime victims and encourage their participation, but not threaten or over-promise.
Let's not pretend that testifying is easy and harmless. I spent 8 years doing rape crisis counseling, and many rape victims told me that dealing with the police, prosecutors, and defense attorneys was as traumatic as the rape itself. Add in the fact that victims may testify only to see their perpetrators found not guilty. As a society we should do what we can to encourage safety for crime victims and encourage their participation, but not threaten or over-promise.
19
Good job not listening! Way to stick to your prejudices and not even process what's being said! Also, the total lack of empathy is impressive!
Seems to me that a victim or witness, who has been threatened by a prosecutor to be charged with failure to cooperate, can invoke their Fifth Amendment right against self-incrimination. The victim or witness cannot be legally jailed for invoking their Constitutional rights, and if they are jailed they would likely be entitled to a large monetary award.
4
That doesn't make sense. They would invoke their Fifth Amendment right not to testify that they refused to testify? But their refusal would likely already have been noted through some kind of communication and would be fairly apparent when they, in fact, chose not to testify.
This type of testimony doesn't fall under the 5th Amendment, because it's not self incriminating. Even if a witness did get on the stand and refuse to answer with anything other than "I don't remember," they still have to undergo the extremely traumatic and terrifying experience of being asked questions that relive the crime and seeing the accused in front of them, staring them down.
1
How is the victim facing self incrimination by refusing to testify. They have not committed a crime.
2
I am not a tough on crime kind of fellow, and do not agree with jailing victims to compel testimony. However justice can only come from treating both the victims and alleged perpetrators with respect, by seeing actions in their full context. There were 18 other victims on that sad day. Ms. Cotton is a person who, by profession, is expected to bear witness. Aren't those other 18 victims worthy of her words on their behalf?
14
Her wish to prevent a member of her tribe from being prosecuted is more important to her than her desire to protect members of her tribe. It is immoral. There are high crime rates, not because of poverty, but because there is an irrational sense of tribe.
5
Peter--why are you putting the burden on one victim if there were 18 others. One person (victim) should not be obligated to uphold justice for everyone else. Just because her profession was (sadly she passed away from the shooting) journalism, does that mean she had no right to safeguard her health and jeopardize her life?
This is not treating the victim with respect, nor does it guarantee a fair outcome.
This is not treating the victim with respect, nor does it guarantee a fair outcome.
The author appears to believe that injustice may need to be balanced with further injustice. I believe that this is a prescription for more injustice.
16
I understand and agree with most of what you wrote here, but the "men of my tribe" erodes your position. In fact, it is kind of racist: are you suggesting that if it had been a "white" (i.e., not of your tribe) person that had done the shooting you would then have cooperated with the prosecution? Believe me, if someone shot ME in an incident like that, I wouldn't care what "tribe" the shooter came from.
24
I can see where you're coming from and I might make the same choice--but that's probably because we're both white and have no fear that people who look like us are indiscriminately being thrown away to a terrifying, inhumane, black-hole of a criminal justice system.
People who think testimony and successful prosecution means greater safety are utterly clueless and would rather point fingers than do the hard work of assessing what really happens when you participate in a criminal case and what really causes violence. If Ms. Cotton didn't want to testify in a case where she is the victim--that is a giant red flag. She doesn't feel safe. She doesn't trust those asking for her testimony. She doesn't really know what will happen after she testifies, and she doesn't think those involved in the criminal justice system really care about her or her community. No one wants to listen, because they want to believe that the community is responsible for all their problems and wash our collective hands of the violent institutions we either support or perpetuate through inaction. If Cotton feels like she has a tribe and it is harmed by those outside of it--maybe there is a bigger picture that we are not privy to as outsiders.
5
In her statement, she never expresses a fear of retaliation. She expresses a desire that members of her tribe not be held accountable for the evil of their actions.
1
My condolences to Ms. Cotton's family and friends. I can sympathize with Ms. Cotton's position. As usual the negative effect of societal issues on black people are met with derisive commentary and harsh insults but when these same issues begin to affect white people negatively, compassion and calls for lenient treatment rule the day.
5
Protecting the tribe > protecting the state= the backward mentality that is currently sinking most middle east societies (think Syria, Iraq, Iran).
Protecting the state > protecting the tribe=this attitude separates first from third world countries.
Protecting the state > protecting the tribe=this attitude separates first from third world countries.
18
She states it breaks her heard when she sees black and brown men go to jail.
Why should it break her heart if these men were guilty.
It shouldn't.
It should break your heart to know that crimes were committed by these men.
If these criminals were not going where they are going they will just commit more crimes.
When they are eventually caughtt there will more victims and these men will will be behind bars even longer.
Instead of her heart breaking she should be glad that these men can not harm anyone as long as they are in prison.
Why should it break her heart if these men were guilty.
It shouldn't.
It should break your heart to know that crimes were committed by these men.
If these criminals were not going where they are going they will just commit more crimes.
When they are eventually caughtt there will more victims and these men will will be behind bars even longer.
Instead of her heart breaking she should be glad that these men can not harm anyone as long as they are in prison.
23
This was the one part of the essay that I did not comprehend. I agree that it is heartbreaking to see so many black men in jail. Perhaps Ms. Cotton worried that black men would not get a fair trial. That is a legitimate concern. However, if they truly were guilty, I would want the perpetrator (of any color) to pay the consequences. It doesn't make sense to allow the guilty to walk free just because they happen to belong to the same "tribe."
Most of them are nonviolent drug offenders. When black men are more likely to be in jail than college, while white collar criminals go free, there's a problem in the system.
And let me just add: duh.
And let me just add: duh.
True.
I don't think she was making that distinction.
If she was she would not have written it the way she did.
I don't think she was making that distinction.
If she was she would not have written it the way she did.
Wow, it's really amazing how far some people will go with their leftist delusions. "Ineffective 'tough on crime' approaches"? Uh, excuse me but I'm pretty sure that tough on crime approaches are remarkably effective at reducing crime by removing criminals from the streets. She "did not want to be part of the machine that sent men from my tribe to prison"? These men are criminals. What kind of lawless, chaotic society are you proposing, exactly? Perhaps one where only white criminals are sent to prison? And not surprisingly, Ms. Cotton reveals the true quality of her character when she wrote, "Why should I risk my health", when other people were going to testify anyway? That lame attitude puts her in the lowest category of "citizen", but unfortunately it's typical of far too many people today. I fear for our future, I really do.
25
This is a brave and heartbreaking article. I learned something reading it -- a too-rare thing these days, when we just read to reinforce our own already held opinions. We need more opportunities for alternative forms of justice -- restorative justice, that allows for transformation and not just retribution.
20
Jane,
"alternative forms of justice"
Boy, you could not have made it up. Those forms are called "injustice."
The rate of recidivism is over 70%, and a lot of things have been tried to rehabilitate criminals. As they say in AA, you can't turn a pickle into cucumber.
This country has never even come close to being "tough on crime." The truth is those subnormals (borrowing from Bukowski) aren't afraid of prison, to them it's a spring break w/ 3 meals, free gym, free internet, free college classes.
"alternative forms of justice"
Boy, you could not have made it up. Those forms are called "injustice."
The rate of recidivism is over 70%, and a lot of things have been tried to rehabilitate criminals. As they say in AA, you can't turn a pickle into cucumber.
This country has never even come close to being "tough on crime." The truth is those subnormals (borrowing from Bukowski) aren't afraid of prison, to them it's a spring break w/ 3 meals, free gym, free internet, free college classes.
1
Humility and empathy are the greatest human virtues when coupled and connected with curiosity.
1
@al
Would you have testified against Boston's Finest aka James 'Whitey" Bulger?
No one in Chicago was ever typically stupid enough to testify against The Outfit, BGD, BPSN or VL.
Would you have testified against Boston's Finest aka James 'Whitey" Bulger?
No one in Chicago was ever typically stupid enough to testify against The Outfit, BGD, BPSN or VL.
1
Not to be forgotten: When victims testify, and the perpetrator KNOWS who they are and where they live, they might take revenge, either after a prison term or by sending someone else. CHILDREN in Chicago have been assassinated by gangs for revenge. For many people, it is a cruel choice. I had a home invasion by a 14 y/o boy while family were sleeping. Police brought him back so that I could identify him, which I did. I wondered if he would return. A restraining order against a violent person is often incentive for murder and suicide. Being "law abiding" isn't quite simple and easy.
13
This woman is no hero, she is a coward.
3
We're all members of the human tribe. By not testifying (withholding evidence) one is not working with the community in building trust in the system. Jailing violent offenders convicted on reliable evidence IS contributing to public safety.
77
" Jailing violent offenders convicted on reliable evidence IS contributing to public safety."
Moreover, withholding a testimony is conspiracy with the crime.
Moreover, withholding a testimony is conspiracy with the crime.
2
deb was a friend and a colleague of mine. i have to object to the assumption that she and other victims are the ones responsible for losing trust in the system, especially when new orleans has a remarkable history of corrupt police and district attorneys (2 cops on death row, another dozen convicted of murder, one who robbed banks on his lunch break, highest state rate of wrongful death row convictions in america, etc etc).
deb comes from a community whose reality is the highest incarceration rate in the highest incarcerating country in the world, a community plagued by violence in the streets but also from the criminal justice system. katrina alone led to 8 cops being convicted of murder and several more in coverups. our police and jail system both came under federal court oversight. our jail is under federal court control because of incredible levels of institutional violence.
rebuilding trust in the system is exactly what deb was trying to do by holding the system accountable for its failures to her and to the public. a big part of rebuilding trust in the system comes from rebuilding the system itself so that it actually respects and serves the interests of victims, like deborah cotton.
deb comes from a community whose reality is the highest incarceration rate in the highest incarcerating country in the world, a community plagued by violence in the streets but also from the criminal justice system. katrina alone led to 8 cops being convicted of murder and several more in coverups. our police and jail system both came under federal court oversight. our jail is under federal court control because of incredible levels of institutional violence.
rebuilding trust in the system is exactly what deb was trying to do by holding the system accountable for its failures to her and to the public. a big part of rebuilding trust in the system comes from rebuilding the system itself so that it actually respects and serves the interests of victims, like deborah cotton.
1
Withholding vital evidence from the court is NOT holding anyone accountable because it only helps the violent offenders who prey on the community.
2
This is a sad story, but tribalism is a dead end of civilization. Also, these criminals will now be charged with murder.
20
The police seem to have a pretty strong tribe of their own, and rarely if ever are they charged with murder.
14
Her reaction is puzzling to me. While I can understand a refusal to cooperate with a prosecution out of legitimate concern that the accused is being railroaded, if she saw and could positively identify the shooters, a belief in institutional bias doesn't seem to be applicable. Additionally, there seems to be a myopic view here on moral agency. She is concerned about being part of the system that has ravaged her community, but does not consider the obligation she has to the eighteen other bystanders who were injured.
40
Arguably the worst force in the entire world is tribalism. Criminal justice *should* be blind to tribalism. But it won't be if people put it before all else, as this person did.
31
That's why Justice is depicted with a blindfold. Because true justice is blind.
1
easy for you to say - you're not black in america.
Blacks constantly experience being part of the "out" tribe, but the minute they want to have their own spaces and communities, suddenly whites are all "hey we're on big human family!"
if that's true, please move to compton and start worshipping at black churches, and helping out your "human tribe"
Blacks constantly experience being part of the "out" tribe, but the minute they want to have their own spaces and communities, suddenly whites are all "hey we're on big human family!"
if that's true, please move to compton and start worshipping at black churches, and helping out your "human tribe"
How do you know I'm not black, Johnny?
I recently had to testify as a victim in court, and I asked the prosecutor if I could not and if we could just not send the man to jail. They made me. They went on and on about how he is a previous offender, and I need to help get him off the streets. I didn't feel like the crime warranted years in prison, and I even asked if they could lower the sentence (but because of his previous offenses they said no). I felt very conflicted because I've dedicated years to school studying the flaws in criminal justice especially for black men, yet when I was presented the situation, they gave me no choice to apply that good will. I found it very difficult to get up and testify when I knew this man had already spent months in jail waiting for trial (which I felt was plenty and could be released). I tried to justify it to myself saying this man was a repeat offender and at his age he should know better than to steal, but those were lies to hide how horrible it felt. I still feel deeply conflicted since that man is sitting in a jail cell as I write this.
41
It's important to remember that when a criminal defendant is on trial, it is not "Jane Doe vs criminal defendant". It is, rather, "The People of the State of [wherever] vs criminal defendant". It simply isn't your place to "apply" anything. You are a victim, and a witness at the trial. Nothing more and nothing less. You have no say, and should have no say, in how the state prosecutes the trial.
A good example of this is the case of Roman Polanski. The victim in that case has publicly advocated for Polanski to be let off at this point. But it is not for her to say. His crime of fleeing the country - and of raping her - is a crime against the state. It is not for her to say whether he should be let off by the state.
A good example of this is the case of Roman Polanski. The victim in that case has publicly advocated for Polanski to be let off at this point. But it is not for her to say. His crime of fleeing the country - and of raping her - is a crime against the state. It is not for her to say whether he should be let off by the state.
4
Katherine,
"I still feel deeply conflicted since that man is sitting in a jail cell as I write this."
This is why we have laws and law enforcement in this country, so that criminals are convicted and punished not according to your "conflicted" feelings but according to law.
I don't know that man but am happy he's doing time for his crime. I'd much rather he never get out of there for the benefit of the society, but we live in a liberal country.
"I still feel deeply conflicted since that man is sitting in a jail cell as I write this."
This is why we have laws and law enforcement in this country, so that criminals are convicted and punished not according to your "conflicted" feelings but according to law.
I don't know that man but am happy he's doing time for his crime. I'd much rather he never get out of there for the benefit of the society, but we live in a liberal country.
2
As a public defender I represent defendants in allegations of domestic abuse. A great many spouses/partners (of both genders) don't want their significant others to be incarcerated; they want them to come home and behave (and, usually, stop drinking, when most of the abuse occurs). In order to access one of the many diversion programs for anger management a defendant has to plead Guilty which most do not want to do in large part because a Guilty goes on your criminal record and can result in job loss or inability to get a job; just what a dependent spouse/partner does not want. I have a case now with a prosecutor so frustrated with a no-show girlfriend that she asked for, and readily received, a warrant for the arrest of the reluctant girlfriend who simply wants to move on with her life. Now the witness is the focus of the case which is insane. This is a system needing some serious reform.
39
Frenchy,
" This is a system needing some serious reform."
I agree and suggest a simple solution. You don't want to cooperate with law enforcement? It's all good, no pressure no nothing. But your and your children's phones will from now on be blocked from calling 911, and you and your children will be under a restraining order to never approach a police officer within 100 yards.
Good for you, good for the police, a total like win-win!
" This is a system needing some serious reform."
I agree and suggest a simple solution. You don't want to cooperate with law enforcement? It's all good, no pressure no nothing. But your and your children's phones will from now on be blocked from calling 911, and you and your children will be under a restraining order to never approach a police officer within 100 yards.
Good for you, good for the police, a total like win-win!
Either we are a society that believes in the need for law and enforcement of those laws or we do not believe that need exists.
Might there be corruption in the enforcement and legal ranks? Might there be mistakes made? Might the way law and justice is meted out need tweaking, if not a massive overhaul?
All those things are likely, if not simply true. Yet, to step away from law, whether it is to turn one's eye from what was seen or to keep one's mouth shut about what has been done is to effectively say you do not want law and order.
Some folks have difficulty comprehending that logic, but put more bluntly, if you refuse to participate in the legal system, then you are not deserving of its protection. And in fact, if you refuse to participate in the legal system, then you are turning your back upon society too, so I or anyone else is not obligated to assist you either.
Harsh? Certainly, but you cannot cower in a corner and make it everyone else's responsibility to deal with the world.
Might there be corruption in the enforcement and legal ranks? Might there be mistakes made? Might the way law and justice is meted out need tweaking, if not a massive overhaul?
All those things are likely, if not simply true. Yet, to step away from law, whether it is to turn one's eye from what was seen or to keep one's mouth shut about what has been done is to effectively say you do not want law and order.
Some folks have difficulty comprehending that logic, but put more bluntly, if you refuse to participate in the legal system, then you are not deserving of its protection. And in fact, if you refuse to participate in the legal system, then you are turning your back upon society too, so I or anyone else is not obligated to assist you either.
Harsh? Certainly, but you cannot cower in a corner and make it everyone else's responsibility to deal with the world.
33
It's worse than cowering in a corner. Cotton gives herself away: her real motive was to protect the members of her "tribe" who happen to be criminals. It's heartbreaking to see criminals go to jail? You've got to be kidding me. How heartbreaking is it to see lives and families shattered as a result of criminal action?
Unfortunately, the current narrative in the black community is that our justice system is racist, and conviction and incarceration of blacks is unjust. So, naturally they should thwart law enforcement by coddling criminals. Sad and dangerous.
Unfortunately, the current narrative in the black community is that our justice system is racist, and conviction and incarceration of blacks is unjust. So, naturally they should thwart law enforcement by coddling criminals. Sad and dangerous.
9
When you are a victim testifying is the scariest thing you will ever have to do. Not only do you have to face the person who hurt you and describe in vivid detail exactly what was done to you, you also open yourself up to be cross examined and the defense attorney will make it seem like you're the one on trial. Not everyone has the strength to subject themselves to this experience.
In high crime neighborhoods you also have to deal with the threat of retaliation. Witness protection may get you through the trial but afterwards you are often on your own. In these cases not testifying is a matter of life and death and many victims decide that it's just not worth the risk.
Would you want to testify if you live in a city where the police force is so corrupt that they are under federal oversight. Victims have to be able to trust that law enforcement and the prosecutor has their best interests at heart. If there's no trust there's no incentive to cooperate with the authorities.
Unless you've been in the position where you have to make the decision to testify against someone who has harmed you, you're in no position to judge someone who chooses not to testify. For many victims, rebuilding their lives is their best option. For others, facing their perpetrators is a way to take back their power and it's worth it regardless of the risk.
Crime victims deserve our compassion. Please don't add to their trauma by making the decision not to testify a crime.
In high crime neighborhoods you also have to deal with the threat of retaliation. Witness protection may get you through the trial but afterwards you are often on your own. In these cases not testifying is a matter of life and death and many victims decide that it's just not worth the risk.
Would you want to testify if you live in a city where the police force is so corrupt that they are under federal oversight. Victims have to be able to trust that law enforcement and the prosecutor has their best interests at heart. If there's no trust there's no incentive to cooperate with the authorities.
Unless you've been in the position where you have to make the decision to testify against someone who has harmed you, you're in no position to judge someone who chooses not to testify. For many victims, rebuilding their lives is their best option. For others, facing their perpetrators is a way to take back their power and it's worth it regardless of the risk.
Crime victims deserve our compassion. Please don't add to their trauma by making the decision not to testify a crime.
35
Some of the comments on this piece are so condemnatory of the victim, and some even make assumptions about her politics. This is *so* inappropriate. The piece was clearly written from a specific viewpoint, and I think it is one everyone should try to understand. Your refusing to understand is certainly not going to improve the situation. And I wonder if any of these folks have themselves been in a truly comparable situation. If you have been victimized & traumatized by the crime, it is crushing to have to go on and on having to deal with its consequences -- and dealing with the criminal justice system is for most of us not a great way to spend our days in any case. Why should crime victims be expected to be heroes in a system that they often justifiably do not trust?
17
Well,then let the crime continue is your answer? Let the criminals run free to hurt others? Gotcha.
2
I also did not testify for a death penalty case in which I was a previous survivor. Testifying should be an option for victims.
13
Crime victims shouldn't be jailed for refusing to testify. It's also irrefutable, and appalling, that people of color are arrested and incarcerated--or simply shot by police--at shockingly disproportionate rates. It's one of our major problems in the U.S., far more serious than most of the other headlines from any news source. However, I respectfully disagree with the author's personal reason for refusing to testify: "I also didn’t want to be part of the machine that sent men from my tribe to prison." If we really are trying to get away from race-based justice, this rationale seems antithetical to that end.
67
People of color are shot by police in almost exact proportion to their propensity to commit violent crime. Saying this rate is "disproportionate" is a lie.
And perhaps they are incarcerated at a much higher rate because the incidence of violent crime is NOT the same across the races. Black neighborhoods and cities are extremely violent (Chicago, St. Louis, Baltimore, NOLA) and blacks commit many more violent crimes than whites. The so-called black community needs to address this- and refusing to testify against someone because of the color of their skin is truly appalling.
Unless and until the white American majority tribe that voted 57%, 59% and 58% McCain/Palin, Romney/Ryan and Trump/Pence accept or see any 'we' among those Americans colored brown like Ben Carson and Barack Obama there will be no justice nor peace.
Color is not 'race.'
Color is not 'race.'
1
It sounds as if Ms. Cotton comforted herself in part by knowing that others would testify when she did not -- I had to look it up, but the young men who did the shooting were convicted and sentenced to life in prison and 40 years, respectively. One wonders whether, if she had been the only victim and their fate (including the question of whether they would have been freed to possibly commit further violent offenses) depended entirely on her testimony, her calculus would have changed. I'm afraid that the details of this particular case undercut the very good points she makes about the injustice of being victimized twice. There IS a difference between demanding true justice for victims (including the right to be protected from the trauma of public testimony) and potentially letting off the hook two people who recklessly fired guns into a crowd of bystanders. The racial disparity in our prison system is a tragedy, and many black men are indeed locked up for far too long for nonviolent offenses such as petty drug possession. The two men who shot Ms. Cotton and the others standing around her in the crowd, however, were not exactly poster children for this problem. Google news coverage of this event and you'll come across a photo of a black man face-down on the sidewalk, bleeding and being tended by other bystanders. That man was a victim, too. I don't know whether he chose to testify or not, but I hope he did and that he was treated by law enforcement with the respect he deserved.
20
Hear hear. I can understand why victims are fearful of coming forward when they know the perpetrator, or when the perpetrator's family lives two doors away. None of that applies to Ms. Cotton's case. The narrative, while referring in a generalized way to fears that many victims have, makes it seem more like Ms. Cotton chose not to cooperate as a social/political statement -- which I cannot join with. Over-incarceration is real and disproportionately affects the black, brown and poor, but shooting indiscriminately into a parade isn't about poverty, nor is incarcerating the perpetrator of such a crime over-punishment.
That being said, jailing fearful victims is inefficient as well as cruel. The money spent on incarceration would be better spent protecting the victim so that he/she will testify! The law has historically been reluctant to place on police a duty to provide individualized protection to citizens. Maybe that is what needs to change.
That being said, jailing fearful victims is inefficient as well as cruel. The money spent on incarceration would be better spent protecting the victim so that he/she will testify! The law has historically been reluctant to place on police a duty to provide individualized protection to citizens. Maybe that is what needs to change.
7
When law enforcement becomes the means of State to perpetrate crimes against an oppressed minority in order to secure the privilege and rule of the majority, it can no longer be called law enforcement. Opting out of a system that primarily exists to put black men in prison to keep white business owners and residents in their comfortable status quo lifestyles is the only reasonable option, even if crimes go unsolved as a result.
4
And who is the judge and jury who have decided that law enforcement has perpetrated crimes against an "oppressed community" ? You ?
The problem with serious crime is that it creates fear. Fear within the community that's subjected to it. Fear among observers. And even fear within police departments. Most officers would rather write tickets for traffic violations than confront violent criminals. I don't blame them.
When the police themselves are afraid, it's hard to blame victims for being afraid.
I don't think standing with one's 'tribe' is any excuse (although I suspect that such excuses, more often than not, have their basis in fear). One sine qua non of a society governed by law is that the law apply equally to all. The justice system is radically biased, it's true, but protecting violent criminals is not the way to fix it.
The good news is that it's getting better. Violent crime is on a long-term decline and, at least during the Obama administration, federal investigations were forcing police departments to clean up their acts. Once a few of those departments start to experience the benefits of better community relations, the trend is likely to spread (unless Mr. Sessions, as is his wont, gets in the way). The pace is glacial, but I think the long term trend is favorable.
I hope this isn't just wishful thinking.
When the police themselves are afraid, it's hard to blame victims for being afraid.
I don't think standing with one's 'tribe' is any excuse (although I suspect that such excuses, more often than not, have their basis in fear). One sine qua non of a society governed by law is that the law apply equally to all. The justice system is radically biased, it's true, but protecting violent criminals is not the way to fix it.
The good news is that it's getting better. Violent crime is on a long-term decline and, at least during the Obama administration, federal investigations were forcing police departments to clean up their acts. Once a few of those departments start to experience the benefits of better community relations, the trend is likely to spread (unless Mr. Sessions, as is his wont, gets in the way). The pace is glacial, but I think the long term trend is favorable.
I hope this isn't just wishful thinking.
5
Obviously the reason you cooperate is to try to protect society from your assailants and keep such a despicable act from being perpetrated on others. Being afraid of retaliation is understandable. So is being unwilling to subject yourself to more stress in your obviously delicate condition. Yes, working with the New Orleans criminal justice system could actually put you in danger. A victim should not be victimized by the system that is supposed to be there to protect you.
At the same time, shooting and killing random innocent people at a Mother's Day parade is a heinous crime. The race card can't shield you here, but playing it sure demonstrates how monstrously twisted society can be.
At the same time, shooting and killing random innocent people at a Mother's Day parade is a heinous crime. The race card can't shield you here, but playing it sure demonstrates how monstrously twisted society can be.
16
typical perverted line of reasoning. Supposedly, society pays no attention to crime in "the community" because we don't care about them and are just a bunch of racists. Then, when the authorities need the community to stand-up, be witnesses, provide testimony the tortured logic of Ms. Cotton is offered as a legitimate reason for non-cooperation. I'm saddened that it was her own community that led to her unfair suffering and ultimate death. Don't have the magic answer to it all but refusing to cooperate/testify is not one of them
15
Apparently, her "tribe members", as she calls them, had no problem with shooting up their own.
Lesson learned. Compelling. And idiotic.
Lesson learned. Compelling. And idiotic.
33
You had me until the tribe paragraph, when you turned into an OJ Simpson juror.
91
It is naive and self serving to pretend to live in a world where the police and the 'criminal justice system' does not put its own 'tribe' before others. Police regularly protect their tribe over all non-police and frequently incarcerate and shoot innocent people and the innocent people they most frequently incarcerate are minorities. To blindly cooperate with a system that regularly fails to bring justice to and actively targets your neighbors and family makes one a fool. For well over 100 years our legal system made it a state function to abuse and deny rights to African Americans in mass numbers. I'm amazed any member of that community ever cooperates with a system that abused them so viciously for so long. It seems to me our 'justice' system has a lot to do to demonstrate that it deserves the trust of minority communities. We have over 100 years of evidence that makes such trust very difficult.
7
Amen. I've sat on jury 3 times and twice sent a white man away to jail, with a big smile on my white face!
3
As a retired Public Defender, I think I understand what Mis Cotton went through. Prosecutors give lip service to the needs of crime victims in order to get them to testify. On the other hand, I feel that the victim and society is harmed by a refusal to testify. In Ms. Cotton's case, she wa reluctant to testify again the person who shot her partly because of the history of society's mistreatment of African American men. I am sorry that she felt that way because it seem to be too much like an all white jur aqquiting or convicting soley because of race.
8
I and my now wife were victims of a crime that nearly killed us. The perpetrators were never arrested. Because some (then illegal) medical cannabis was found while the real, violent crime was being investigated, I was prosecuted instead, because - after all - when you have politics driving reelection, being a DA is all about running up your conviction numbers, not meting out justice. This jurisdiction is rather infamous for prosecuting victims whenever possible, so it's not just me.
If the culprits in the crime against us had been charged, I would not have cooperated. Why? Because the "justice" system isn't focused on justice, but on re-election. And the only tool it has is a hammer, so everything looks like a nail. By imprisoning those convicted for ever longer sentences and doing less and less every year ("budget problems prevent us from...") to rehabilitate and prepare for release the convicted, our "justice" system actually creates more crime in its HIGHLY POLITICIZED legal process. And they don't care about this result so long as they get reelected, because the authorities are never blamed for their own culpability.
Add in the fact that the richest nation on earth believes it can't afford to ensure that all children grow up with the basics of food, shelter, education, and health that tend to prevent resort to antisocial behavior, then processes kids through a racially-biased system when they fail, then I'm with the late Ms. Cotton -- More injustice? Not in my name.
If the culprits in the crime against us had been charged, I would not have cooperated. Why? Because the "justice" system isn't focused on justice, but on re-election. And the only tool it has is a hammer, so everything looks like a nail. By imprisoning those convicted for ever longer sentences and doing less and less every year ("budget problems prevent us from...") to rehabilitate and prepare for release the convicted, our "justice" system actually creates more crime in its HIGHLY POLITICIZED legal process. And they don't care about this result so long as they get reelected, because the authorities are never blamed for their own culpability.
Add in the fact that the richest nation on earth believes it can't afford to ensure that all children grow up with the basics of food, shelter, education, and health that tend to prevent resort to antisocial behavior, then processes kids through a racially-biased system when they fail, then I'm with the late Ms. Cotton -- More injustice? Not in my name.
14
A sad story to read and II certainly feel bad she got shot and ultimately died from the wound, but if everyone had her convictions and followed her advice no one would go to jail.
The whole system would totally break down. Those too fearful or traumatized to testify should generally not be jailed, however. But not testifying should be a fairly rare occurrence.
The whole system would totally break down. Those too fearful or traumatized to testify should generally not be jailed, however. But not testifying should be a fairly rare occurrence.
12
"I also didn’t want to be part of the machine that sent men from my tribe to prison".
Even if they're guilty of serious crimes ? What if the victim and the witness are not the same ? Is it OK for the criminal to remain unpunished and potentially kill again, just because he and the witness belong to the same "tribe" ? Should race be above justice ? If white people who advocate that are white supremacists and rightfully shunned, is the same thing OK for black people ?
Even if they're guilty of serious crimes ? What if the victim and the witness are not the same ? Is it OK for the criminal to remain unpunished and potentially kill again, just because he and the witness belong to the same "tribe" ? Should race be above justice ? If white people who advocate that are white supremacists and rightfully shunned, is the same thing OK for black people ?
79
Race was certainly part of the justice equation in Ms. Cotton's mind. But I doubt of it was all of it.
There's plenty of injustice in our legal system. Race happens to be the most visible and volatile part of it, because the legal system is no different than the rest of our racially-skewed socioeconomic system. Set that aside and there's plenty of other disturbing facts about the injustice system.
I'm white and the perpetrators in the story I related here were of unknown race. Nothing directly about race involved as far as I know. But my own experience during it emphasized to me my own distrust of a system I already mistrusted because of my lack of faith in general with a system that produces such profoundly skewed results about certain parts of our population.
If it's so unfair with so many who don't look like me, why should it be any more accurate, just, or fair with the rest of us? If you're white, you're a fool if you think the system we have is much more fair for the rest who come under its purview.
Poor whites have always been taken in by the argument that at least they don't suffer what their black neighbors do, because *wink and a nod* they're white. That whitewashes (pun intended) a lot of other injustice that in a decent and Constitutional society would be no more tolerable than racial discrimination produces. That is how our racial hierarchy maintains and reproduces itself. We should instead end all injustice if we really want an effective justice system.
There's plenty of injustice in our legal system. Race happens to be the most visible and volatile part of it, because the legal system is no different than the rest of our racially-skewed socioeconomic system. Set that aside and there's plenty of other disturbing facts about the injustice system.
I'm white and the perpetrators in the story I related here were of unknown race. Nothing directly about race involved as far as I know. But my own experience during it emphasized to me my own distrust of a system I already mistrusted because of my lack of faith in general with a system that produces such profoundly skewed results about certain parts of our population.
If it's so unfair with so many who don't look like me, why should it be any more accurate, just, or fair with the rest of us? If you're white, you're a fool if you think the system we have is much more fair for the rest who come under its purview.
Poor whites have always been taken in by the argument that at least they don't suffer what their black neighbors do, because *wink and a nod* they're white. That whitewashes (pun intended) a lot of other injustice that in a decent and Constitutional society would be no more tolerable than racial discrimination produces. That is how our racial hierarchy maintains and reproduces itself. We should instead end all injustice if we really want an effective justice system.
4
A strong, brave, principled woman. May she rest in peace and her goals one day achieved. Her loss will be felt.
2
I've thought long and hard about whether I would testify in court against a rapist, and I'm a white woman. If I were black, I would have even more questions about whether I would want to go through that--everything I've seen about trials in which the victims of rape testified demonstrates it is a brutal experience that victimizes the victim again. She has to undergo questions about her lifestyle, her sexual experiences, her dress, her behavior, etc. only to often watch the rapist go free. If I had seen a shooting and had to live in the community in which it happened, around people (usually gang members) who know the shooter or are part of the gang, I would surely think twice. And people who think it is selfish might want to think whether it is selfish to take care of their families. Do I want my child to have to grapple with the loss of its mother or father? Do I want drive-bys killing my father, mother, brother, etc.? Who is going to protect me if I testify? And in a community where the cops can be as bad as the perpetrator, can I trust them to watch out for me, or will they undermine my safety? I completely understand where the author is coming from.
28
Denise,
"And people who think it is selfish might want to think whether it is selfish to take care of their families."
I thought, and the answer still was "YES."
"And people who think it is selfish might want to think whether it is selfish to take care of their families."
I thought, and the answer still was "YES."
1
Mourn for the empathetic person Deborah Cotton appeared to be.
Scorn law officials who are not empathetic to the trauma of victims or who use their office to abuse the communities which they are sworn to defend.
Do not under any circumstances condone or support Ms Cotton's belief that support for her tribe is morally superior than supporting justice. Belief such as that only condemns the innocent to suffer again and again as the perpetrators continue to prey on the community.
Scorn law officials who are not empathetic to the trauma of victims or who use their office to abuse the communities which they are sworn to defend.
Do not under any circumstances condone or support Ms Cotton's belief that support for her tribe is morally superior than supporting justice. Belief such as that only condemns the innocent to suffer again and again as the perpetrators continue to prey on the community.
19
America's mass criminalization and incarceration of black men can never be called justice. Not participating in a system that exists as the principle means of white America to oppress black America is perhaps the best way to support justice.
3
Because the writer does not want to send "men from her tribe to prison," criminals will continue to hurt/kill other people. That is the bottom line-do you want other people hurt?
22
I can understand her position. But what's the solution? Not prosecuting crimes? Then the charge will be not keeping neighborhoods safe and neglecting minority neighborhoods. If you want dangerous areas to improve safety wise, then policing is necessary. Vigilante Justice quickly devolves into "beefs" and then you just have more violence.
I am also understanding you don't want to send community members to jail. But no one makes people solve problems with guns.
The problem is that the left sees criminals as victims and takes away their agency. The right doesn't want to look at root causes. Maybe we should work on structural racism AND hold people accountable for their actions. it's not an either/or situation.
I am also understanding you don't want to send community members to jail. But no one makes people solve problems with guns.
The problem is that the left sees criminals as victims and takes away their agency. The right doesn't want to look at root causes. Maybe we should work on structural racism AND hold people accountable for their actions. it's not an either/or situation.
61
I totally agree with you. There are dangerous people (men) who must be removed from society regardless of race and mental health. Most are psychopaths. Same with gangs. When they endanger communities they must be removed from these communities.
Structural racism is distinct from violent offenders and must be addressed short- and long-term.
Lastly, the U.S. must legislate serious gun control to limit the damage done by psychopaths whether alone or in gangs.
Structural racism is distinct from violent offenders and must be addressed short- and long-term.
Lastly, the U.S. must legislate serious gun control to limit the damage done by psychopaths whether alone or in gangs.
2
Ms. Cotton relayed her unwillingness to aid in the criminalization of members of her "tribe" given the systemic oppression they suffer under. Interestingly, your post gets at the issue of two other "tribes" germane to the issue: Democrats and Republicans. Good luck trying to get the problem addressed in anything other than an either/or fashion in binarized America.
@earthcitizen, your comment is as sexist as it gets. Only men can be dangerous?
1
A good moral rule of thumb is always asking yourself : what would happen if everyone acted the way I do? In this case, clearly, the result would be that most criminals would go unpunished.
This is made even worse by her "tribe" comment. Two wrongs don't make a right. The fact that some black men might be disproportionately targeted by law enforcement is no justification for shielding cold-blooded murderers from prosecution. A law enforcement officer could easily use that same logic to shield his own colleague from prosecution.
Criminal justice is different from civil suits. You are not pursuing justice for yourself, you are helping the state pursue justice. You have a duty to testify and cooperate even if you feel no animosity towards the accused or even would like to see them go unpunished.
This is made even worse by her "tribe" comment. Two wrongs don't make a right. The fact that some black men might be disproportionately targeted by law enforcement is no justification for shielding cold-blooded murderers from prosecution. A law enforcement officer could easily use that same logic to shield his own colleague from prosecution.
Criminal justice is different from civil suits. You are not pursuing justice for yourself, you are helping the state pursue justice. You have a duty to testify and cooperate even if you feel no animosity towards the accused or even would like to see them go unpunished.
84
On paper this makes sense but when a witness lives in a dangerous neighborhood or has been the victim of violent assault and/or domestic violence and has witnessed criminal retaliation, it gives the witness pause because no one in the system protects her ever. She risks her life to testify.
3
If doing the right thing was always easy, there would be very little moral dilemmas in the world. We all have moral duties. I am not saying I would necessarily testify in her place, and this article is important to understand why people don't testify.
We nevertheless have to recognize that this is wrong and can only lead to further deterioration of trust between law enforcement and citizens.
We nevertheless have to recognize that this is wrong and can only lead to further deterioration of trust between law enforcement and citizens.
18
This is an example of why deontology isn't the most sensitive ethical system. We can use this logic to blame fearful rape victims for the perpetuation of sexual violence in our society. How would a good person analyze the moral dilemma of a crime victim? Perhaps with empathy, awareness of context, and by avoiding victim-blaming.
1
It should be a personal choice. If they force people, then people may just lie on the stand.
2
A family member almost died in a situation like this last year. He was a random victim in the wrong place at the wrong time. The suspects? Well-known gang members. The prosecution was pushing HARD for his testimony while offering absolutely no protection. They didn't care what happened to my relative. They just wanted a conviction. In the end, he took my advice. He made it known quite vocally that he remembered nothing of the day leading up to the event, and the weeks that followed in the hospital (even though he remembers everything). I'm sorry that he will not be able to put these men behind bars, but I would rather have him alive than dead, even if it means they strike again.
28
Precisely. Wise life-saving advice.
5
But your relative did not testify because of inadequate protection, which is very easy to understand. He did not refuse to testify because somehow the system is wrong or he doesn't want to testify against members of his "tribe". Makes all the difference.
One of the most weird consequences of this too-easy jailing of victims by police is that the members of the police force whose superior officers tell them to go out and arrest rape victims for not testifying will eventually leave the departments disgusted by the practice or wind up simply shrugging their shoulders and doing what they're told. A lot of Nazis used that argument in their own defense of their murderous cruelties. So... it's difficult to see how this insane policy benefits anyone; the police who are disgusted and leave the force remove take their moral senses with them as they go; those who remain on the force won't question the next time they execute orders to jail rape victims afraid to testify and writers with alt-right sentiments and an urge to take the country into some law enforcement paradise will write more of their inane letters.
12
Those who call for cooperation of the police and prosecutors are obviously unfamiliar with both. Take the time to read up on the police murder of Kim Groves in 1994 in New Orleans. She filed a complaint for police brutality with the NOPD IAD, which immediately informed the cop, Len Davis, who in turn ordered a hit with his mafia killer buddies, who killed her before she even got home. A few cops were prosecuted but the majority involved were left untouched. Those cops taught Kim Groves, Deborah Cotton and the entire Black community of New Orleans a lesson.
Far from being "bad apples" or an aberration, corrupt, brutal killer cops are the norm. The prosecutors and judges are fully aware and are part of the protection racket.
If anything the movie, "Training Day," was a soft-peddle documentary on the daily reality of cops. Pick a city, pick a cop "scandal" that gets swept under the rug. Here in the Bay Area we have cops running drugs, prostitution rings, extortion rackets, hotel boosts by entire "elite" plainclothes units. The latest is the sexual abuse and rape of an underage girl by more than 24 cops, covered by the IAD, and the high-ranking officers.
The occasional prosecutions are simply damage control and pruning of the dumber elements of the force, in order to maintain "professional" outfits whose main purpose is to terrorize and demoralize working people, in particular those of color. There is no "justice" through the thoroughly criminal "justice system."
Far from being "bad apples" or an aberration, corrupt, brutal killer cops are the norm. The prosecutors and judges are fully aware and are part of the protection racket.
If anything the movie, "Training Day," was a soft-peddle documentary on the daily reality of cops. Pick a city, pick a cop "scandal" that gets swept under the rug. Here in the Bay Area we have cops running drugs, prostitution rings, extortion rackets, hotel boosts by entire "elite" plainclothes units. The latest is the sexual abuse and rape of an underage girl by more than 24 cops, covered by the IAD, and the high-ranking officers.
The occasional prosecutions are simply damage control and pruning of the dumber elements of the force, in order to maintain "professional" outfits whose main purpose is to terrorize and demoralize working people, in particular those of color. There is no "justice" through the thoroughly criminal "justice system."
15
It is useful to consider what has been noted in this article in terms of the following quotes:1. " Do you have eyes but fail to see and ears but fail to hear?" Jesus;2."Law as a shield for the powerless, not a club for the powerful;" former Gov., Alabama, Roy Barnes;3 " It is difficult to get a man to understand something when his salary depends upon his not understanding it." Upton Sinclair. American author. When a principle of faith, a personal belief, and/or interpretation, become an anchored, inflexible ideology, justice is all too easily diluted. Willful ignorance can, and does, transmute into "knowing" and "understanding." And reality, however experienced and delineated, becomes oversimplified into a banal WE-THEY. All of US then pay in so many ways.
2
This piece falls apart so quickly. Ultimately, she is saying that because she doesn't want people of "her tribe" to go to jail, she is willing to let people who shoot, rape, and steal remain on the streets. By refusing to testify, she puts others at risk.
She probably was a huge anti-Trump person, but her positions feed straight into the narrative of his supporters. I wonder if she thought about that?
She probably was a huge anti-Trump person, but her positions feed straight into the narrative of his supporters. I wonder if she thought about that?
40
Patrick,
She was a victim who is no longer alive because of a traumatic event. You and a bunch of other people who commented here should take two steps backward and say nothing at all. Have a soul.
She was a victim who is no longer alive because of a traumatic event. You and a bunch of other people who commented here should take two steps backward and say nothing at all. Have a soul.
6
I believe she did, at a level of depth I don't think you're reaching in your reply.
This attitude is hardly constructive to improving the lives of your group. The people you would have put in prison were ones terrorizing your people. If you were talking about testifying against weed dealers, I'd be more sympathetic, but you are cutting of your nose to spite your face.
32
Let's just have all crime victims stop testifying against the perps. Good luck enforcing any semblance of law and order in New Orleans. Arresting and charging the crime victims is a bit heavy handed, but what other options do the authorities have - let criminals walk? The good people of New Orleans would be rightly outraged.
16
If you are claiming that someone committed a crime against you, YOU DON'T GET TO JUST WALK AWAY and leave it to the police. YOU ARE part of the solution with your testimony. IF YOU REFUSE TO PLAY YOUR PART, don't expect anything to happen on your behalf.
20
Within that range of 'anything to happen,' victims must include retaliation and intimidation by a corrupt minority of law enforcement.
4
Just when I think nothing coming from our deplorable justice system can surprise me anymore, this. Where is the ACLU on this?
6
I do agree with the choice to testify, but only if Prosecutors have an obligation to protect those who testify. Their safety and mental health should be of utmost concern. That said, we do want to prosecute those who are guilty of crimes and testimony can make a big difference in the outcome.
6
The police in my city are incapable of keeping witnesses safe. Our DA had publicly admitted that witness intimidation is a "huge problem". Why would anyone volunteer to testify if that means they could be signing their own death warrant? Until police and prosecutors do their part to ensure witness safety it is immoral to use threats of incarceration to compel people to testify.
147
With great respect for the deceased author's view, we are all best served by victim cooperation with law enforcement. Hopefully, our society will continue its erratic progress toward equality and fair dealing for all, so that in the future few others will feel compelled to oppose cooperation to protect "men from my tribe."
10
As a white guy that got drawn into the criminal justice system and is still living with the consequences, I have learned that the system is complex and frequently unsympathetic.
I can easily understand that if you live in a community that has been preyed upon by the criminal justice system for generations, you can begin to understand that the system does not work for you and can only make things worse for anyone involved in the crime including the victims.
Part of the black power ideology was that black criminals were political prisoners. People who had been subjected to a system that almost guaranteed their criminalization.
John Erlichman in his autobiography explained the genesis of the war on drugs as being an intentional campaign to disrupt the civil rights and anti war movements by enabling an attack on communities for reasons other than violating the first amendment right to protest injustice.
I can easily understand that if you live in a community that has been preyed upon by the criminal justice system for generations, you can begin to understand that the system does not work for you and can only make things worse for anyone involved in the crime including the victims.
Part of the black power ideology was that black criminals were political prisoners. People who had been subjected to a system that almost guaranteed their criminalization.
John Erlichman in his autobiography explained the genesis of the war on drugs as being an intentional campaign to disrupt the civil rights and anti war movements by enabling an attack on communities for reasons other than violating the first amendment right to protest injustice.
11
No doubt testifying can be frightening, etc., and the criminal justice system is imperfect, as it's formed and run by other human beings. However, this person is willing to potentially allow the criminals go free to commit other such acts upon other innocent people, for the sake of her sensibilities (would she really not testify against others of her race no matter what? Really?).
She should simply state she doesn't have the guts or sense of responsibility to be a citizen. At least her comments would be honest.
She should simply state she doesn't have the guts or sense of responsibility to be a citizen. At least her comments would be honest.
92
The victim is not the criminal. Quit blaming victims for the actions of other people. Victims are not responsible for another person's actions. It's not the traumatized rape victim's fault that her assailant may go out and rape again. IT IS THE RAPIST'S FAULT.
8
Testifying means re-living the trauma AND having to face the person that attacked her.
We should have compassion for someone in this position instead of attacking them, piling onto their pain.
We should have compassion for someone in this position instead of attacking them, piling onto their pain.
31
Testifying means fulfilling one's obligation as a member of a society that believes law and law enforcement are necessary.
Compassion will not protect you or anyone else.
Compassion will not protect you or anyone else.
4
There are life experiences unique to New Orleans which people who haven't lived there likely won't fully appreciate. The tenor of comments here criticizing a dead woman are disheartening. Yes, criminal justice depends on witness cooperation. However, a victim witness has by definition already been the object of a crime. The victim witness is also the only participant in the system who, unlike the police and district attorneys, hasn't taken oaths to protect and isn't paid to protect the citizenry. In New Orleans the social contract under which citizens are protected by their civil servants has been broken for a long long time. In NOLA trust in the system is equivalent to naivety. Its sad because NOLA is a unique and beautiful city. Thoughts and prayers for peace to the family of Ms. Cotton and the City of New Orleans. Hopefully the future will be brighter. Please don't participate in blaming the victim.
20
Very well stated. What seems like a cut and dried situation in other places, is anything but in New Orleans and Louisiana.
3
My sympathy to Ms. Cotton ... If I were able to ask her a question, though, it would be: what say we as a community to the family of the next victim of gun violence by the suspect who shot at Ms. Cotton? What do we say to that family and their pain and how do we answer the question of what did the "system," (i.e. DAs, police, citizens, victims) do to prevent crime from happening again by stopping it when it happens the first time?
I also sympathize with her position: she did not ask to be victimized, and did not consent to be further traumatized by the Constitutional protections a criminal defendant can invoke--but does that mean the defendant who committed such a recklessly dangerous act should not be held responsible for his/her actions?
I also sympathize with her position: she did not ask to be victimized, and did not consent to be further traumatized by the Constitutional protections a criminal defendant can invoke--but does that mean the defendant who committed such a recklessly dangerous act should not be held responsible for his/her actions?
52
When 'we' are colored separate and unequal by American history we say and do different things from the context and perspective of our personal circumstances.
1
I'm shocked to find that this is actually a "thing."
Unfortunately, I need to reluctantly agree with the comments about "part of the machine." A good and moving piece is marred by the last paragraph.
You bet I'd have no problem sending to prison people of "my tribe" that fired into a crowd of innocent people or raped women or harmed others.
That said, incarcerating victims and a shocking and frightening practice. The first job of the state is to protect its citizens. It seems to me that either the fear that it is incapable of doing so or the victims' belief that they are so detached from the society the police and prosecutors represent are really the only logical motivators for reluctance to testify when you are the victim of the crime. Seems like those are the issues that need to be addressed, not to re-victimize the victims.
Unfortunately, I need to reluctantly agree with the comments about "part of the machine." A good and moving piece is marred by the last paragraph.
You bet I'd have no problem sending to prison people of "my tribe" that fired into a crowd of innocent people or raped women or harmed others.
That said, incarcerating victims and a shocking and frightening practice. The first job of the state is to protect its citizens. It seems to me that either the fear that it is incapable of doing so or the victims' belief that they are so detached from the society the police and prosecutors represent are really the only logical motivators for reluctance to testify when you are the victim of the crime. Seems like those are the issues that need to be addressed, not to re-victimize the victims.
102
I would imagine you have never been a victim of crime. For people who have been through that trauma, especially victims of sexual violence, there are far more reasons to not be willing to testify. You will be called a liar, your mental health will be questioned, your life choices (and choices others made for you) will be used to condemn you. For victims of trauma, where memory is a tricky thing, self-doubt is overwhelming, and fear is paralyzing, standing in front of the person who traumatized you and recounting that may simply not be an option. Between 30-40% of sexual assault survivors develop PTSD - I would guess that number is much higher for those compelled to testify, who are victimized again by the people charged with protecting them.
3
Since I have cops and crooks in my family the 'we' is often a family affair. That is the ultimate human tribe.
1
What was Ms. Cotton's argument for not testifying? There was no chain of logic, just a clutter of claims about how bad it is that people get arrested for not testifying in some jurisdictions (yes, bad), a vague statement about 'risking her health' by testifying (making a few statements to a judge is not going to affect your health), the fact that lots of others were for once willing to testify since it was a mass shooting on Mother's Day (so she's relying on others to do what she should do, and admitting that this is not normally an option), and finally says she doesn't want to cooperate in putting members of her "tribe" in prison. I submit that mass-murderers have always been ejected from the tribe throughout human history.
9
"Risking her health" = being victimized again by a justice system that will question why she was there, what she was doing there, whether she should have been there, plus coping with the gang members or the friends of the shooter or the shooter himself who will hunt her down and make her life a living hell by threatening her and her family.
6
What a specious and sad final essay for what appeared to be a good life.
When you report, testify and incarcerate members of your "tribe" then you also protect the INNOCENT members of your tribe who are gunned down indiscriminately.
In NOLA 77% of gun murder victims are black - over 90% are people of color - this is remarkably and scarily similar to Chicago.
The bankrupt ethos of "No-Snitching" only leads to the insane internecine violence that engulfs too many American cities and too many communities of color.
And I can't believe we vilify folks who use posse but we are comfortable with folks using tribe.
When you report, testify and incarcerate members of your "tribe" then you also protect the INNOCENT members of your tribe who are gunned down indiscriminately.
In NOLA 77% of gun murder victims are black - over 90% are people of color - this is remarkably and scarily similar to Chicago.
The bankrupt ethos of "No-Snitching" only leads to the insane internecine violence that engulfs too many American cities and too many communities of color.
And I can't believe we vilify folks who use posse but we are comfortable with folks using tribe.
14
The author complains that law enforcement has not earned the public trust. Meanwhile she is enabling murderers because it pains her to see members of her "tribe" locked up by "the machine."
Is that good for building "trust" with law enforcement? Is such blind tribalism good for society?
The door swings both ways, and we need people with courage and conviction if we're going to fix these problems.
Is that good for building "trust" with law enforcement? Is such blind tribalism good for society?
The door swings both ways, and we need people with courage and conviction if we're going to fix these problems.
14
It sadly seems that the author's question of why was answered by her own death. Anyone blindly firing into a crowd, for whatever reason, should not be trusted in society. Race has nothing to do with that set of facts.
10
Will the prosecutor now file murder charges against the suspect without this victim's testimony?
1
How? He or she gets away once again.
What a beautiful and heartrending piece.
Yes, what about the well being of survivors and what purpose does re-traumatizing victims of violent assault with no guarantee of safety serve?
How much pressure do you put on a person who has already been hurt, for the purpose of retribution. Sure, there has to be justice, but there has to be a better way than criminalizing and punishing a victim who is having a normal response to legitimate fear.
May she rest in peace, and may the those who suffer find comfort.
Yes, what about the well being of survivors and what purpose does re-traumatizing victims of violent assault with no guarantee of safety serve?
How much pressure do you put on a person who has already been hurt, for the purpose of retribution. Sure, there has to be justice, but there has to be a better way than criminalizing and punishing a victim who is having a normal response to legitimate fear.
May she rest in peace, and may the those who suffer find comfort.
30
"I wanted to protect my tribe." Well, so much for community involvement in law enforcement.
14
The law is not just about retribution but about removing dangerous people from society so they do not have to ability to prey on other people. BTW, I'm a retired Criminal Defense Attorney.
8
And when law enforcement is so bad that the community views it as an "us vs. them", it is an indictment of law enforcement. You can't expect help from a community you victimize.
4
This is a muddled argument. While I acknowledge the problems with the criminal justice system across the country I cannot agree that "protecting the tribe" is sound reasoning for failing to testify. The author also argues "let someone else do it" ultimately abdicating responsibility while seeing no conflict with allowing others a similar burden.
No victim should be arrested for refusing to testify - period. At the same time we all need to contribute to ensure the effective application of justice.
No victim should be arrested for refusing to testify - period. At the same time we all need to contribute to ensure the effective application of justice.
171
You accept Cotton's main point, that victims should not be arrested for not testifying. But then you assert that everyone - including victims who might be worsening their own pain or safety - should testify. It seems to me that this is a decision that should be left to the individual, who knows the circumstances better than anyone else.
4
Jailing the victim of a crime brings new meaning to 'double jeopardy' The threat of arrest appears to make the work of prosecution easier on district attys. But, in truth, goes a long distance in widening the gulf between law enforcement and the public they've sworn to protect. So sad Ms. Cotton had to endure such a travesty of justice. May she rest in peace. And, may peace find and keep her family and others who loved her.
22
I disagree with the author's position. Anyone lawfully subject to a subpoena is obligated to testify in Court. That includes witnesses and victims to crimes. The author notes that, in her case, "there were more witnesses and victims than normally would agree to cooperate..." So she somehow believes her testimony was not needed? And what if there are NOT numerous witnesses? Or they viewed the crime from different angles? A prosecutor's job is to protect the community as well as the victim. They can't do their job when people ignore lawful subpoenas or refuse to cooperate. Persons who ignore court orders can be held in contempt, and that is an offense punishable by jail. So, yes, even victims can be jailed. Most often, their cooperation is vital because they are the only witness (e.g. domestic violence) and for certain crimes, recidivism rates are very high (like DV). What message do we send when we encourage witnesses and victims to flout the law and ignore subpoenas? Refusing to cooperate hurts the entire community and the potential next victim. What would the author's excuse be to her/him about why she didn't help? I'm sorry, I just "didn't want to be part of the machine"? I agree that law enforcement needs to build trust and work with the community to reduce crime, but the author's position on refusing to cooperate with prosecutions is reckless and dangerous to all.
92
"So, yes, even victims can be jailed." Should be jailed? You didn't say
that, did you?
that, did you?
6
It must be mighty nice and privileged and safe to judge and cast stones from Princeton, NJ. You all selected Chris Christie and Cory Booker to play political games.
What do you know about New Orleans?
What do you know about streetwise survival tactics and strategy?
What do you know about New Orleans?
What do you know about streetwise survival tactics and strategy?
9
You obviously have never been terrorized by a violent criminal. Your reasoning, like the comment above, is sound ON PAPER, but when a victim knows from experience that the offender will retaliate and that the "system" will not protect her, to hell with the subpoena, she is going to protect herself.
8
The author, who is black, writes, "I also didn’t want to be part of the machine that sent men from my tribe to prison." Does this mean people should not testify against members of their own racial or ethnic group?
200
Does it also mean that people should be able to shoot into a crowd and have no consequences? Yes, that is a strange statement from the author.
10
I don't think the author says that lightly. Think of how awful and biased a place the author was living in to feel torn between loyalties to "justice" and "race" - the reasons for feeling that way would be due to feeling that those two are constantly pitted against against each other. If there is rarely justice on behalf of your race, what does it mean to give up someone of your race to justice? Does that give justice extra weaponry against you? against members of your family, community? What does that mean if you have to face it yourself, justified or not?
19
There is only one multicolored biological DNA genetic evolutionary fit human race species. Color is not 'race'. Race as color is a white supremacist male historical socioeconomic political educational myth. Justice in America is colored conscious separate and unequal.
1
Victims are caught between authorities who cannot help them and criminals who can hurt them.
There is so much wrong here, there is not one place to start.
Why can't "authorities" offer real safety?
Why can criminals still reach out to get their victims a second time?
These are not impossible things. They just are not important enough to those who could do something about it. Instead, they shift the risks and costs onto the victims, and act noble about it.
There is so much wrong here, there is not one place to start.
Why can't "authorities" offer real safety?
Why can criminals still reach out to get their victims a second time?
These are not impossible things. They just are not important enough to those who could do something about it. Instead, they shift the risks and costs onto the victims, and act noble about it.
104
There is not enough $$ for witness relocation programs and witnesses refuse to leave the community, for starters. The lawyers for the thugs are allowed to have names and addresses, so that the thug's friends can target and harm witnesses. There needs to be protections, and places to relocate witnesses or victims from the animals out there.
5
Where in this article does it say she didn't testify because she was scared.
@stone: The article is written in English. Try reading it again, slowly, for comprehension.
2