Introduction
The American criminal justice system, once heralded as a beacon of fairness and justice, has shown time and again its flaws, particularly in the treatment of Black and Brown individuals. At the heart of these injustices are state court judges who have recklessly abused their power, perpetuating systemic racism and inequality. This blog delves into the facts, statistics, examples, and evidence of such abuses, highlighting corrupt judges who have been charged, arrested, and imprisoned. It also underscores the potential for international legal action against these judicial actors, given the perceived incompetence of the United States Federal Courts in addressing these issues.
The Disproportionate Impact on Black and Brown Communities
Statistics and Facts
- Incarceration Rates: Black Americans are incarcerated at nearly five times the rate of White Americans, and Hispanic Americans are incarcerated at more than double the rate of White Americans .
- Sentencing Disparities: Studies have shown that Black defendants are more likely to receive harsher sentences compared to their White counterparts for the same crimes. For instance, the U.S. Sentencing Commission found that Black men received sentences that were 19.1% longer than those of White men for similar offenses .
- Juvenile Justice: Black and Brown youth are disproportionately represented in the juvenile justice system. Black youth are five times more likely to be detained or committed compared to White youth .
Examples of Judicial Misconduct
The “Kids for Cash” Scandal
One of the most egregious examples of judicial corruption is the “Kids for Cash” scandal in Pennsylvania. Judges Mark Ciavarella and Michael Conahan were found guilty of accepting millions of dollars in bribes from private juvenile detention facilities in exchange for sentencing children to these centers. This scandal highlighted not only the corruption within the judiciary but also the devastating impact on young lives, particularly those of minority backgrounds .
Judge Olu Stevens
In Kentucky, Judge Olu Stevens was criticized for his leniency towards Black defendants and his outspoken views on racial disparities in sentencing. Although not corrupt in the traditional sense, his case illustrates how judges who seek to address systemic racism can be vilified, while those perpetuating it often escape scrutiny .
Personal Case Study: Ewing Redmond Samuels III
My own experience with the judicial system highlights the antagonism towards the defense and favoritism towards the prosecution that some judges exhibit. In my case, Judge George H. Foster, Jr., a Black man, displayed a clear abuse of discretion and engaged in criminal conspiracy and deprivation of rights under color of law.
Abuse of Discretion
Evidence, video, and transcripts from my trial show that Judge Foster engaged in actions that favored the prosecution while undermining the defense. Maricopa County Sheriff Deputies arrived at his chambers to arrest the State’s star witness due to multiple arrest warrants. However, Judge Foster held them off, allowing the witness to testify despite credibility being crucial in my case. The judge willfully ignored these warrants, concealing them from the jury and thus prejudicing the trial in favor of the prosecution. Such actions not only demonstrate bias but also indicate potential repeated misconduct in the State of Arizona courts. (There was a warrant on Jamil Trevon Curd regarding the death of Royce Emmett Walker on May 21, 2015.)
Corrupt Judges Held Accountable
While many judges have evaded justice, some have faced criminal charges:
- Judge Abel Limas: Former Texas judge Abel Limas was sentenced to six years in prison for accepting bribes in exchange for favorable rulings. His corruption disproportionately affected Hispanic defendants who were often unable to receive fair trials .
- Judge Thomas Porteous: Impeached and removed from office, Judge Thomas Porteous of Louisiana faced charges of corruption and perjury, highlighting the systemic issues within the judiciary .
International Law and Accountability
Under international law, particularly the principles enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, derogation from fundamental human rights is not permitted. State court judges in the United States, who have committed atrocities under the cloak of authority, can be charged with criminal offenses in international courts. The United States Federal Courts have often been seen as incompetent or unwilling to address these deep-seated issues adequately.
“The United States Federal Courts have often been seen as incompetent or unwilling to address these deep-seated issues adequately.”
Ewing Redmond Samuels III
International Criminal Court (ICC)
The ICC has the jurisdiction to prosecute individuals for crimes against humanity, including those committed by judicial authorities. While the U.S. is not a party to the Rome Statute, which established the ICC, international pressure and legal principles can still be brought to bear against corrupt judges .
Conclusion
The reckless abuse of power by state court judges in the United States continues to perpetuate racial disparities and injustices within the criminal justice system. While some corrupt judges have been held accountable, many continue to operate with impunity. It is imperative that the international community recognizes and addresses these abuses, holding these judicial actors to account under international law. The fight for justice and equality demands nothing less.
References
- U.S. Bureau of Justice Statistics: Incarceration Rates by Race and Ethnicity.
- U.S. Sentencing Commission: Report on the Impact of Race on Sentencing.
- The Sentencing Project: Report on Racial Disparities in Juvenile Justice.
- The Guardian: Coverage of the “Kids for Cash” Scandal.
- The New York Times: Profile on Judge Olu Stevens.
- Texas Tribune: Judge Abel Limas Sentencing Report.
- U.S. Senate: Impeachment of Judge Thomas Porteous.
- International Criminal Court: Jurisdiction and Principles.
By shedding light on these injustices and advocating for accountability, we take a crucial step towards dismantling systemic racism and restoring faith in our judicial system.
Until Next Time…
I Am,
Ewing Redmond Samuels III
