From behind the wall
by Larry Baker
O.S.P. Carree;'oadea(
JUST ANOTHER BLACK
MAN’S VOICE
- Have the Black people's voices in the
Stale of Oregon become aace agaia so
weak that no one cares to listen any
longer? If so, why?
Has it come to the point, aace agaia,
that if people who have Black skin, run
into problems, there will be no help
available?
These are some of the questions that
should be answered by top officials
throughout the criminal justice field in
the Stale of Oregon.
It is becoming
apparent that the above questions need
only to be turned into statements for
them to reflect the highest form of racism
ever displayed in America's history. A
Black accused or convicted individual
would label such as. T h e Silent T reat
ment." But again, it may be too late for
anyone to ask any official such a question
- because if the answer would be "yes”
who’s got the guts or nen e any longer to
do anything about it?
The Slate of Oregon's highest ranking
recognized Black law official. Norm Mon
roe. who was employed by Portland's
L E .A .A . Impact Program. Oregon Law
Enforcement Council in planning and
policy, and currently on the Oregon State
Parole Board (as stated in the September
8. 1977 issue of the Portland Obeerverl
stepped forward to report that we. Black
prisoners sitting in prison cells, were not
treated as equally in the Oregon Criminal
Courts by judges or attornies, that alone
should make every decent law-abiding
Oregon tax-paying citizen demand that
those who feel Monroe's statement is
true, go back to court and receive the
correct representation or fair trial. Be
cause this Black voice of Norm Monroe is
not just another "nigger" who is hollering
just to be hollering. He was also an
Administrative Assistant for the Port
land Police Bureau. Blacks throughout
Oregon hold the greatest respect for this
fellow Black man.
Monroe slated, “The fact that 13.2
percent of the prison inmates in Oregon,
with overall state population of one
percent, shows that the court system
does not work for Blacks." Monroe also
states. T h e justice system in Oregon is
protection for those who already have it
and a buffer for them against those who
do not have it. Justice is a matter of pure
economy. Those who have money can
buy a good defense and those who do not
have money can not." This clearly means
to us. who are Black inmates in this
prison, that money buys justice in our
Oregon Courts for there is not one Black
prisoner behind these walls who has a
great deal of money.
Monroe also states that $50.2 million
has been wasted in this state on correc
tion, and that we prisoners have nothing
more than custodial care and cannot be
rehabilitated - under the conditions of
strict confinement and the tensions that
prisons bring.
How ran anyone tell a man
who for
recent years planned and made policy for
the Oregon la w Enforcement Council
that he is wrong?
This Reporter ran only comment to
Norm Monroe's statement; that if we
Blacks who knew we were not guilty of
the charges that placed us behind these
walls had been given adequate legal
representation and a fair trial, many of us
would not be on that wasted 50.2 million
dollar budget.
We, who were in desperate need of
decent attorneys, tried to defend our
selves in courtrooms because we knew
then and we know now that we didn't
have a chance with what legal represen
talion we were receiving.
How long will the Board of Governors,
the Oregon Bar Association or the Gover
nor of this state allow such treatment to
be administered to us? This is a very
important question our families and
friends are asking. We cannot blame the
prisons as greatly as we can the courts,
for it was the courts who sent some of us
here, without any type of trial at all. How
ran a prison rehabilitate an innocent
Black man?
But it is better that we not address
that subject, because it might be viewed
as “just another nigger howling” from a
prison, and Norm Monroe's factual state
ment as just another Black man's voice.
But then again, there may be many
people within Oregon's criminal justice
system who would enjoy the tax paying
citizens viewing Blacks in Oregon in such
a manner.
"BLACK’S BEWARE"
by Pete Austin, Jr. *39023
This is perhaps my fifth article in
regards to racial problems here at O.S.P.
and elsewhere in Oregon.
Tuesday.
September 29th was just another typical
example of what I have been saying.
Now about the institution here, in
regards to the justice system and minori
ties here in Oregon. A 22 men chain came
in one day and out of 22 men only eight
were Blacks. That in itself is over one
third.
Oregon having a one percent
population of Blacks, doesn't this strike
you as a little odd? Most of the Brothers
are young men caught up in this system.
Minorities are coming in each day. While
there are supposed to be programs in the
process for helping young Blacks in
regard to employment and trades. Blacks
are still being victimized every day here
in Oregon also here at O.S.P. We are
being what is called "warehoused."
Blacks are being taken off the streets. All
you have to do out there in the free world
is leek around you. Where are most of
your friends; loved ones? Yes, you are
right, in prison, on drug programs,
work release programs. Rocky Butte jail,
and so on.
This State's crime rate is still growing,
even though most of the Blacks are now
neatly locked away here at O.S.P. This in
itself proves we are not the problem. The
"Red Neck" Society in which we are
living is getting the best of usl Every
Black man. woman, and child is caught up
in this system of racial conflict. They are
even refusing our children a decent
education, next we will not be allowed to
vote.
I t is a sad state to live in, especially
when all we want is the freedoms which
we should have had years ago! No matter
how we talk about freedom, justice, and
equality; we are still the minority groups
in this struggle. Blacks, poor whites.
Mexicans. Indians
we are all living in
the cesspool of this society.
I have never been so color stricken in
my life. Being Black is beautiful and
always will be, but these dehumanizing
conditions are hell, right here on earth. I
personally will remain above all this
suffering, hardships and disgrace because
I am yet Black and Proud. I rerlize who I
am, also what I am nnd wouldn't want to
be anything else! But what will become
of our children, the unnecessary punish
ment we receive for being Black.
Being from California I didn't really
realize all the color conflict still existing
anywhere except for the deep South, but
folks in Oregon are worse in so many
respects, because you try and act like it
doesn't exist. Sweeping it under the rug
is old hat here and does not help the
problem. The revolution time is now, if
you don't fight for your freedoms they
will be taken one by one. Let us all face
this problem with togetherness, let's
regroup and fight racism together, be
cause together we stand, but divided we
will fall.
Now is the perfect time to look at
ourselves and decide if we are doing
anything to relieve any of these racial
problems, or if we are just sitting back
waiting for it all to come down! Out of all
the Black groups to progress, move
upward, onward and all that, I have not
seen one yet behind these walls. The
problem is not only ours -- the Black
inmates - but everyone's, even you in the
so-called free society.
“Help” your
Brothers and Sisters behind these walls,
because without your help we have
already lost the war for freedom! I am
one of many behind these walls looking
for a future in a free society.
"Beware Blacks" you can end up here
too! Who is to say they are above it all! I
will not submit to the dehumanizing
process against us all, I can leave this
state upon my release, but can you?
Thank you.
OCT. 3 |P N 8 | - Imagine yourself a
member of a jury, having sat through a
long and complex criminal trial. The end
is near and the judge reads hia instruc
tions to the jury:
"You must not consider as evidence
any statement of counsel made during the
trial; however, if counsel for the parties
have stipulated to any fact, or any fact
has been admitted by counsel, you will
regard that fact as being conclusively
provided as to the party or parties
making the stipulation or admission."
If you are like most American jurors,
you haven't the faintest notion what he’s
talking about.
*
What the instruction really boils down
to is; "Ordinarily, any statement made by
the lawyers in this case is not evidence.
However, if all the lawyers agree that
some particular thing ia true, you must
accept it as the truth."
The latter, matter-of fact statement is
a revision of a common jury instruction
written by Veda and Robert Charrow, a
team of linguistic and legal researchers
who have set out to turn legaleee into
plain English.
Their work on jury instructions is part
of a larger project conducted at the
Arlington, Virginia, Center for Applied
linguistics to study the effect of bureau
crateee on communication failures in
day to day life
After testing a group of jurors on their
understanding of standard, routine jury
instruction, the Charrows concluded that
the vast majority of jurors are probably
much more baffled after the instruction
than before.
In a short and uncomplicated trial, says
Veda Charrow, a jury may hear 20
separate instructions, each up to 100
words long. In a more complex trial they
might have to sit through six straight
hours of instructions.
To make matters worse, jurors cannot
have a written copy of the instructions,
but must rely on what they can under
stand and remember from listening to
one reading by the judge.
This imposes a “tremendous memory
load" on jurors, say the Charrows. Even
if they can understand the instructions,
they probably can’t remember them.
In testing the jurors, the Charrows
used relatively short and frequently used
instructions drawn from the list of Cali
fomia Bar Approved Jury Instructions.
The jurors, who had been called for an
actual caae but had not yet done their
stint in the courtroom, were asked to
explain the instructions in their own
words - thus enabling the researchers to
detect what the jurors failed to under
stand.
For example, one of the moat common
and important instructions has to do with
informing the jury that it must decide
what really happened in the caae it's
considering, and that it must apply the
law as the judge explains ft.
The California Bar Approved Instruc
lion reads:
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BEING BLACK AT O.S.P.
by Fred Willoughby «38889
My name is Fred Willoughby, I am
incarcerated at the Oregon State Peni
tentiary doing five years, although I am
innocent of the crime. I appeared before
the Parole Board on May 10, 1977 and at
that time I was given a 27 month date, set
on five years, which I feel was very
iniquitous. This is my first time in prison.
I am a very hard working family man.
The minority groups here are not
getting equal justice. Since my incarcer
ation I have seen several whites that
are two and three time losers go before
the Parole Board and get lesser sets than
the first time minority. The Board only
uses the M atrix system on the minorities.
I feel the public should know what is
going on behind prison walls. If someone
would step forward I believe we can put a
stop to this unfair system. Incarcerating
an innocent man for a long period of time
doesn’t rehabilitate him it just creates
animosity. There are from three to four
hundred Black inmates here and more
coming every day. There are only four
Black employees working among the
white staff of 400 employees. How could
the Blacks get equal justice when the
odds are about one hundred to one?
I have a baby daughter who was born
on August 28. 1977. I haven't had a
chance to be with her due to my
incarceration. M y marriage is falling
apart. I do hope some of you out there
can understand the hurt we are faced
with in here.
Court lunguugu confuses jurors, impedes justice
by Becky O’Malley
ON SALE NOW!
“As jurors it ia your exclusive duty to
decide all questions of fact submitted to
you and for that purpose to determine the
effect and value of the evidence."
Yet even with this relatively simple
instruction, 57 percent of the tested
jurors couldn't even attempt to explain
"exclusive duty," and another 29 percent
tried and got it wrong.
Ninety-one
percent of the jurors omitted any men
tion of their duty being to decide all
questions of fact, which is traditionally
considered the single most important job
of a juror.
The Charrow'a revised instruction
reads: “You must look at the evidence,
and decide from the evidence what the
facts of this case are. I t is your job and no
one else's to decide what the facts are."
The researchers claim that preliminary
tests with the revised instructions show
an unsurprising result; Jurors do much
better if they're instructed in simple,
straightforward language.
The problem now, aays Veda Charrow,
is to convince the courts that justice is
better served by speaking plainly to the
ordinary citizens who are required to
participate in the administration of jus
lice.
Toward that end, the Charrows have
started an organization called the Lan
guage and Law Roundtable. Members
include linguists, psychologists, lawyers
and a judge. They aim to persuade all
courts to abandon the archaic language
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