|
Jon Rapping, co-founder of Gideon's Promise, with Tomi Johnson in Marietta, Ga. |
(Disclaimer: I met Attorney Rapping at the Cobb County SCLC Gala on Saturday, February 24 and was introduced to him by Dr. Ben Williams, president of the organization. This article was written after that initial meeting, and the information provided within this article was taken from Rapping's speech at the Gala.)
I keep a close watch on this heart of mine.
I keep my eyes wide open all the time.
I keep the ends out for the tie that binds.
Because you're mine, I walk the line.
If you are arrested for a crime and can't afford to hire an attorney and
don't have enough money to post bail, Lord help you!
Even though “poor” US citizens (who are mostly people of color and increasingly women) with no property and little income
can probably qualify for a public defender, many lawyers assigned to them are overworked,
underpaid, inexperienced, lack relationships with district
attorneys and judges, and don't understand the culture of the oppressed. They can't even communicate with their clients.
Suited, uniformed, and robe-cladded representatives of the courts sit unfazed while folks in orange jumpsuits, shackles and handcuffs are shuffled through the halls of justice. Many of the processed just plead guilty, and a life behind bars begins.
Jon Rapping
understands this and has created Gideon's Promise to help, a non-profit with a
mission to transform America's criminal justice system.
What a
challenge he has...
Rapping says that
the "process" of helping the indigent is not fair, and only outrage, compassion, and education
can change the system. He says the criminal justice system doesn't see poor
people as human beings, and we have not progressed since the 1960's.
Here's one reason why
protest is important - people may be incarcerated for over two months without
seeing a lawyer. Many judges, prosecutors, and public defenders are not outraged at
the system, so injustice continues. They sit silently because an unjust "process" has
been normalized.
LIBERTY IS ON THE LINE!
WW: Why do we need
public defenders?
Rapping: Every problem facing marginalized communities is
addressed in the criminal justice system. If you are poor, society
criminalizes substance abuse, mental illness, homelessness, illiteracy, and
poverty generally. The criminal justice system is where all these
problems intersect if you are poor. Eighty percent of those in the system
rely on public defenders. If they are to have a chance, we need to ensure
we build a network of public defenders who have knowledge and skill, but also
compassion and empathy. They must be committed to working with the
communities they serve and forcing the system to provide just
resolutions. But far too often, public defenders are overwhelmed,
under-resourced, and disrespected. We care little for these lawyers
because we care little for the people they serve.
WW: Would every kid reading Black’s Law Dictionary help them stay
out of the criminal justice system, and if so, why?
Rapping: Reading the Black’s Law Dictionary won’t keep kids out of
the system. Kids who end up in the system often end up there because they
live in communities that are heavily policed and over-prosecuted.
Knowledge won’t change that. However, the law has its own language, and it
takes expertise to maneuver the system. Understanding how the system
works requires knowing this language. I certainly recommend that anyone
in the system understand what is happening in their case. But trying to
educate yourself on the law is no substitute for having a public defender who
has skill, knowledge, resources, and commitment to liberating poor people.
WW: How do you do all the things you do?
Rapping: I am fortunate to be surrounded by an army of people who
are tirelessly dedicated to justice. When you are able to mobilize a
movement of people who are talented and committed, things get done. Over
our ten years of building Gideon’s Promise, we have built a network of
supporters who help us. We cannot rely on government to give public
defenders the support they need, so we have to build a network that is
willing to help.
WW: What do we face as challenges to having an equal justice
system?
Rapping: At its root, the challenge is cultural. We have
embraced a narrative that sees some people as “others.” When you see
people as less than human, it is easy to stand by and watch them be treated
inhumanely. We will never have the will to achieve equal justice until we
truly see those impacted by the system as members of our community.
Humanizing those who have been dehumanized is our greatest challenge.
WW: Neely Fuller, Jr. has written about the law being one activity
which is racist. He said all of us are in prison here. How do we make sure that
no one is mistreated and that people who need help get the most constructive
help, constructive meaning leading to progress?
Rapping: When we do not get close to people and learn who they
are, we tend to define them by stereotypes. Those stereotypes reflect our
worst biases and prejudices. Race and class are powerful forces in
shaping our biases. The law is racist and classist because it reflects
our biases. We will not treat everyone fairly until we can look past our
biases and see them as whole people. Treat them as we would want our
loved ones to be treated. This requires knowing their
stories. It is why public defenders are so important. When
they are doing their job well, they are learning these stories and making sure
those in power know the stories before making decisions about the people they
judge.
WW: How can a lawyer making $40k compete with lawyers making $200k
in the courtroom?
Rapping: There are lawyers who make $200K who I would never let near
anyone I loved whose liberty was on the line. Being a capable defense
lawyer requires empathy. It requires a commitment to justice. That
does not come along with a big salary. Don’t get me wrong, we underpay
public defenders. It is because we do not value the liberty of poor
people. But those who do this work do it because of a commitment to our
most democratic ideals. They are hungry for justice. They turn down
higher paying jobs because they believe in what they do.
They are not only given inadequate salaries, but they are
deprived the resources needed to do the job well. If we truly care about
justice for the poor, we will treat public defenders as the most important
lawyers in the system – they are. We would pay them more to keep them
from having to leave when they decide to raise families. We would give
them the resources that we would want our own lawyers to have.
WW: Challenging the system sometimes appears to be pointless
and hopeless. How do we fight the powers that be?
Rapping: What makes Gideon’s Promise so unique is that not only do
we teach public defenders the knowledge and skills they need to be excellent
lawyers, but we also give them tools and strategies to resist the pressures to
give up. We give them support and inspiration to sustain their commitment
to the work. Fighting an unjust system requires more than skill. It requires
inspiration and support. That is what the Gideon’s Promise movement gives
our public defenders.
WW: How do we start treating people like human beings in the
criminal justice system?
Rapping: As I said, we look behind the allegation against them and
understand who they are as people. We understand what brought them into
the system and the potential they have if we address those underlying
problems. We ask what we would do for our own children if they faced the
same challenges, and we treat them similarly. It requires wanting to know
the person behind the charge. It requires an advocate to make sure we
understand the person behind the charge. It requires a new breed of public
defender.