Two laws
By Brandon Astor Jones
"Our [US] Constitution is color-blind and neither knows nor tolerates classes among citizens. In respect to civil rights all citizens are equal before the law. The humblest is the peer of the most powerful." — John Marshall Harlan, 1833-1911
The quote above would have us all believe that the law in the United States is colourblind. That simply is not true, even though the esteemed jurist John Marshall Harlan's words, when stated, were meant to be true. No greater example to demonstrate that fact can be found (as far as I am concerned) than the following.
The same Superior Court judge, Ken Nix, who chose not to declare a mistrial in my case (on September 23, 1997) after 12 jurors had deliberated more than three days — i.e. 13 hours at least — and had clearly indicated that they were at an impasse, chose to declare a mistrial after only two days — nine hours — of deadlocked deliberations in another criminal trial (on December 12, 1997).
Of course, I am happy for the young defendant, Charles Davies, Jr. Alas, he is directly responsible for the deaths of four young people. One of them was his own sister. Some have suggested that he was driving drunk when the fatal accident happened. Even if that is true, surely knowing that he is the cause of all of those deaths is sufficient punishment.
As I think of Judge Nix's behaviour in these two cases, and the vastness of those inequities to be found in the US judicial system, the words of Fulke Greville, Lord Brook, seem entirely appropriate here in Georgia, where so much bigotry and racism can be found:
"Oh wearisome condition of humanity!/ Born under one law [but], to another bound."
[The writer is a prisoner on death row in the United States. He welcomes letters commenting on his columns. He can be written to at: Brandon Astor Jones, EF-122216, G3-77, Georgia Diagnostic & Classification Prison, PO Box 3877, Jackson, GA 30233, USA. Brandon and his friends are trying to raise funds to pay for a lawyer for his appeal. If you can help, please make cheques payable to the Brandon Astor Jones Defence Account and post to 41 Neutral St, North Sydney NSW 2060, or any Commonwealth Bank, account No. 2127 1003 7638.]