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I have never been arrested,
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never spent a night in jail,
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never had a loved one thrown
into the back of a squad car
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or behind bars,
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or be at the mercy of a scary,
confusing system
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that at best sees them with indifference,
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and at worst as a monstrous.
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United States of America locks up
more people than any other nation
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on the planet.
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And Louisiana is our biggest incarcerator.
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Most of you are probably like me --
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lucky.
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The closest we get to crime and punishment
is likely what we see on TV.
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While making "Unprisoned,"
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I met a woman who used to be like us --
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Sheila Phipps.
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(Recording) Sheila Phipps: Before
my son went to jail,
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I used to see people be on television,
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fighting, saying, "Oh, this person
didn't do it and this person is innocent."
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And you know, you snub them
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or you dismiss them,
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and like, "Yeah, whatever."
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Don't get me wrong --
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there's a lot of people
who deserve to be in prison.
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There's a lot of criminals out here.
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But there are a lot of innocent
people that are in jail.
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EA: Sheila's son, McKinley,
is one of those innocent people.
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He served 17 years of a 30-year sentence
on a manslaughter charge.
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He had no previous convictions,
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there was no forensic
evidence in the case.
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He was convicted solely
on the basis of eyewitness testimony,
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and decades of research have shown
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that eyewitess testimony isn't as reliable
as we once believed it to be.
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Scientists say that memory isn't precise.
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It's less like playing back a video,
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and more like putting together a puzzle.
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Since 1989, when DNA testing
was first used to free innocent people,
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over 70 percent of overturned convictions
were based on eyewitness testimony.
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Last year,
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the district attorney whose office
prosecuted McKinley's case
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was convicted of unrelated
corruption charges.
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When this district attorney
of 30 years stepped down,
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the eyewitnesses
from McKinley's case came forward
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and said that they had been pressured
into testifying by the district attorneys,
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pressure which included
the threat of jail time.
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Despite this, McKinley is still in prison.
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(Recording) SP: Before this happened,
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I never would've thought it.
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And --
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well, I guess it's hard for me to imagine
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that these things are going on,
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you know,
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until this happened to my son.
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It really opened my eyes.
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It really, really opened my eyes.
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I ain't gonna lie to you.
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EA: Estimates of how many innocent
people are locked up
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range between one and four percent,
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which maybe doesn't sound like a lot,
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except that it amounts
to around 87,000 people:
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mothers, fathers, sons locked up,
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often for decades,
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for crimes they did not commit.
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And that's not even counting
the roughly half a million people
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who have been convicted of nothing --
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those presumed innocent,
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but who are too poor to bail out of jail
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and therefore sit behind bars
for weeks upon months,
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waiting for their case
to come to trial --
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or much more likely,
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waiting to take a plea just to get out.
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All of those people
have family on the outside.
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(Recording) My brother missed
my high school graduation
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because the night before my graduation,
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he went to jail.
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My brother missed my birthday dinner
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because that day actually,
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he went to jail.
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My brother missed his own birthday dinner
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because he was in the wrong place
at the wrong time.
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(Recording) EA: So all these times
when he ended up going to jail,
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were charges pressed,
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or did he just get taken to jail?
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(Recording) Um, the charges
would be pressed
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and it would have a bond posted,
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then the charges will get dropped ...
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because there was no evidence.
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EA: I met Kortney Williams
when I went to her college classroom
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to talk about "Unprisoned."
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She ended up interviewing her aunt,
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Troylynn Robertson,
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for an episode.
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(Recording) Kortney Williams:
with everything that you went through
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with your children,
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what is any advice that you would give me
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if I had any kids?
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(Recording) Troylynn Roberston:
I would tell you when you have them,
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you know the first thing that will
initially come to mind is love
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and protection,
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but I would tell you,
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[even with] the protection to raise them
with knowledge of the judicial system --
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you know, we always tell our kids
about the boogeyman,
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the bad people,
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who to watch out for,
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but we don't teach them how
to watch out for the judicial system.
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EA: Because of the way
our criminal legal systema
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disproportionately targets
people of color,
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it's not uncommon for young people
like Kortney to know about it.
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When I started going into high schools
to talk to students about "Unprisoned,"
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I found that roughly one-third
of the young people I spoke with
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had a loved one behind bars.
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(Recording) The hardest part is like,
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finding out [where he's at],
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or like, when his court date is.
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Yeah, he went to jail
on my first birthday.
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(Recording) My dad works as a jail guard.
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He saw my uncle in jail.
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He's in there for life.
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EA: According to the Annie E.
Casey Foundation,
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the number of young people with a father
incarcerated rose 500 percent
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between 1980 and 2000.
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Over five million of today's children
will see a parent incarcerated
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at some point in their childhoods.
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But this number disproportionately
effects African-American children.
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By the time they reach the age of 14,
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one in four black children will see
their dad go off to prison.
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That's compared to a rate
of one in 30 for white children.
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One key factor determining the future
success of both inmates and their children
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is whether they can maintain ties
during the parent's incarceration,
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but prisoners' phone calls home
can cost 20 to 20 times more
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than regular phone calls,
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so many families
keep in touch through letters.
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(Recording) Dear big brother,
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I'm making the big 16 this year,
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LOL.
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Guess I'm not a baby anymore.
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You still taking me to prom?
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I really miss you.
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You're the only guy that kept [... ...]
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I wish you were here so I can vent to you.
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So much has happened since
the last time I seen you.
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I have some good news.
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I won first place in the science fair.
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I'm a geek.
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We're going to regionals,
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can't you believe it?
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High school is going by super fast.
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In less than two years,
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I hope you'll be able to see me
walk across the stage.
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I thought to write to you because
I know it's boring there.
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I'm trying to put a smile on your face.
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EA: Anyssa wrote
these letters to her brother
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when she was a sophomore in high school.
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She keeps the letters he writes to her
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tucked into the frame
of her bedroom mirror,
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and reads them over and over again.
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I'd like to think
that there's a good reason
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why Anissa's brother is locked up.
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We all want the wheels of justice
to properly turn,
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but we're coming to understand
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that the lofty ideals we learned
in school look really different
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in our nation's prisons
and jails and courtrooms.
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(Recording) You walk
into that courtroom and you're just --
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you know I've been
doing this for a quite a while,
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and it still catches your breath.
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You're like, "there are so many
people of color here,"
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and yet I know that the city is not
made up of 90 percent African-Americans,
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so why is it that 90 percent
of the people who are in orange
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are African-American?
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(Recording) EA: Public defender
Danny Engelberg
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isn't the only one noticing how many
black people are in municipal court --
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or in any court.
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It's hard to miss.
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(Recording) Who's sitting in court
waiting to see the judge?
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What do they look like?
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(Recording) Man: Uh, mostly
African-Americans,
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like me.
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(Recording) Man: It's mostly,
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I could say, 85 percent black.
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That's all you see in the orange,
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in the box,
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[back there], locked up, just waiting.
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(Recording) Man: Mostly black.
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I mean, there was a couple
of white people in there.
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(Recording) Woman: I think it was about
85 percent African-American
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that was sitting there.
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EA: How does a young black person
growing up in America today
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come to understand justice?
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Another "Unprisoned" story
was about a troupe of dancers
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who choreographed a piece
called "Hoods Up,"
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which they performed
in front of city council.
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Dawonta White was in the seventh grade
for that performance.
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(Recording) Dawonta White: we was wearing
black with hoodies because Trayvon Martin,
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he was wearing his hoodie
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and he was killed.
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So we looked upon that,
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and we said we're going to wear
hoodies like Trayvon Martin.
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(Recording) EA: Who came up
with that idea?
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(Recording) DW: The group.
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We all agreed on it.
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I was a little nervous,
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but um, I had to stick through it,
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but I felt like it was a good thing
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so they could notice what we do.
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(Recording) EA: Shraivell Brown
was another choreographer and dancer
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in "Hoods up."
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He says the police criticize
people who look like him.
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He feels judged based on things
other black people may have done.
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(Recording) EA: How would you
want the police to look at you
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and what would you want them to think?
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(Recording) Shraivell Brown: I want
them to think I'm not no threat.
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EA: Why would they think
you're threatening?
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What did you say --
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you're 14?
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SB: Yes, I'm 14, but how do we --
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because they said a lot of black males
are thugs and gangsters and all that,
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but I don't want them thinking
that about me.
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EA: For folks who look like me,
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the easiest and most comfortable
thing to do is to not pay attention --
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to assume our criminal
legal system is working,
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but if it's not our responsibility
to question those assumptions,
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whose responsibility is it?
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There's a synagogue here that's taken on
learning about mass incarceration,
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and many congregant have concluded
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that because mass incarceration
throws so many lives into chaos,
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it actually creates more crime,
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makes people less safe.
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Congregant [Terry Hunter] says
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the first step towards action
has to be understanding.
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She says it's crucial for all of us
to understand our connection to this issue
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even if it's not immediately obvious.
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(Recording) Terry Hunter:
It's on our shoulders
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to make sure that we're not
just closing that door
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and saying, "Well, it's not us."
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And I think as Jews,
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it's --
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you know, we've lived that history --
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"It's not us."
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And so if society closes
their back on one section,
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we've seen what happens.
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And so it is our responsibility as Jews
and as members of this community
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to educate our community --
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at least our congregation --
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to the extent that we're able.
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EA: I've been using the pronouns us and we
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because this is our criminal legal system
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and our children.
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We elect the district attorneys,
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the judges and the legistlators
who operate these systems
-
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for we the people.
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As a society,
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we are more willing to risk
locking up innocent people
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than we are to let guilty people go free.
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We let politicians who fear
being labled "soft on crime,"
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encouraging them to pass harsh legislation
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and allocate enormous resources
toward locking people up.
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When a crime is committed,
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our hunger for swift retribution
has fed a police culture
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bent on finding culprits fast,
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often without adequate resources
to conduct thorough investigations
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or strict scrutiny
of those investigations.
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We don't put checks on prosecutors.
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Across the country,
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over the last couple of decades,
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as property and violent crimes
have both fell,
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the number of prosecutors employed
and cases they have filed has risen.
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Prosecutors decide whether
or not to take legal action
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against the people police arrest
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and they decide what charges to file,
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directly impacting how much time
a defendant potentially faces behind bars.
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One check we do have
on prosecutors is defense.
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Imagine Lady Liberty:
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the blindfolded woman holding the scale
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meant to symbolize the balance
in our judicial system.
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Unfortunately, that scale is tipped.
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The majority of defendants in our country
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are represented by
government-appointed attorneys.
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These public defenders receive
around 30 percent less funding
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than district attorneys do,
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and they often have caseloads
far outnumbering
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what the American Bar
Association recommends.
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As Sheila Phipps said,
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"There are people who belong in prison,"
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but it's hard to tell
the guilty from the innocent
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when everyone's outcomes are so similar.
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We all want justice.
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But with the process weighed
so heavily against defendants,
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justice is hard to come by.
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Our criminal legal system
operates for we, the people.
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If we don't like what's going on,
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it is up to us to change it.
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Thank you very much.
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(Applause)