“There’s No Justice; It’s Just Us.”

Do you think the criminal justice system in America is flawed? Please explain.

I have been an attorney for almost 5 years. I have been working in the criminal justice system (CJS) longer than that. In law school, I spent 3 semesters interning at the public defender office where I now work. After law school, I spent my first year working at the public defender office as a legal investigator. Each moment, each day, each case, I became more engrossed in what this system actually is and how it affects Americans. Black Americans.

There are about 330 million people in the United States. About 76% of the US population is White and about 13% is Black. About 64% of the lawyers in the US are men and about 36% are women. 85% of the lawyers in America are white, and only 5% are Black. Of that 5%, only 2% of lawyers in America are Black women. UGA Law is the #1 whitest law school in America as of 2021.

One of my friends asked me to be a guest speaker at their Black Futures, Possibilities, & Lived Realities Conference. They are a doctoral candidate at UGA. They asked me to speak briefly on my experience with African Americans and the CJS. I had the opportunity to be a part of this conference and to present to the class yesterday. After I presented, a handful of the students presented PowerPoints on the topic of their choice for one of the class assignments. Many of their topics dealt with how Black people are treated or viewed in certain areas of life (e.g. the K-12 school system, the arts, healthcare, and higher education). Me being a part of their class for the very first time, I didn’t want to scare them or throw them off by giving each presenter a standing ovation, so I controlled myself. Thank God for the “mute” function on Zoom because I was sitting at my desk yelling “that’s so true!” “yasss!” “I know that’s right!” “C’mon, preach!” through every presentation. I do not know the students well enough to know if their assignments were fueled by passion or mere intelligence, but I enjoyed every single one. I hated that these even have to be separate topics because America is all about “justice for all,” ain’t it? So, why do we have to have a whole discussion, class, course on how Black people are treated/hindered/marginalized/viewed in certain areas of life?

Because, there is no justice, it’s just us.

Who is “us?”

I look to a day when people will not be judged by the color of their skin, but by the content of their character.

martin luther king, jr.

The CJS is not broken, it’s operating exactly how it was designed. To marginalize the poor and minorities. It wasn’t built to be fair and equal for everyone, but yet everyone loves to say “justice for all.” There is no justice, it’s just us. Defense attorneys. Public defenders. We give voices to the people who feel their voices go unheard. We stand up for them in court when their rights were violated and they experienced racism, injustice, discrimination, and even violence. Police officers violating their rights, ignoring their words, just to briskly interrupt them and say “that’s not my problem, you can take it up in court.” You darn right they’re going to take it up in court. Because they have us to stand and fight for them! But, it shouldn’t have to be that way. Especially not today. But it is. Especially today.

Fun fact: public defenders weren’t born until 1963. Here is a little history lesson:
The Sixth Amendment of the U.S. Constitution was ratified in 1791. The Sixth Amendment affords everyone a right to counsel. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” (emphasis added.) It wasn’t until 1963 in a landmark case, Gideon v. Wainwright, when the Supreme Court held that the Sixth Amendment’s guarantee of counsel includes those who are too poor to hire attorneys. That was only 58 years ago…

A public defender is a (bomb/dope/awesome/magical) criminal defense attorney who represents those who are deemed indigent or live below the poverty level. 20.8% of Black Americans live below the poverty line where only 10.1% of white Americans live below the poverty line. Remember when I said that about 13% of the US population is Black? Well, here’s another [not so] fun fact: over 30% of the people incarcerated in America are Black. Why?

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

fourteenth amendment of the u.s. constitution

I am Black.
I am a woman.
I am a lawyer.
I am a Black, female, lawyer.
I used to see myself as just a person who worked hard to achieve their goals. But now I know how significant those characteristics are, especially today in America. It feels like the age of the minorities being arrested and incarcerated is getting younger and younger. Black people are overrepresented in the prison system. Black men significantly. What we are seeing in the media today isn’t anything new. The violence. Racism. Injustice. Hatred. Discrimination. It’s just finally being caught on camera.

The other day, an intern interviewed me for her criminal justice class. She asked me questions about my career and why I chose this career. She also asked me what attributes a good public defender needs.

• Passion
• Integrity
• Competence
• Creativity
• Discipline
• Respect
• Boldness
• Tenacity

She also asked me what changes to the CJS did I see over the next 5 years. I told her none. 5 years isn’t long enough to undo the many years of injustice in a system that was never designed to be fair for all.

I can’t predict what the system will look like in 5 years, but until then, I’ll continue to fight endlessly for my clients and view them as something the system never has: as human beings.

“Listen, my beloved brethren: Has God not chosen the poor of this world to be rich in faith and heirs of the kingdom which He promised to those who love Him? But you have dishonored the poor man. Do not the rich oppress you and drag you into the courts?” — James 2:5-6, NKJV.

**During a rant in our office group chat, one of my coworkers said: “there’s no justice, it’s just us.” I can’t take credit for the phrase.

Moni Jay, Off the Record