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A Black Man In Louisiana Was Given A Life

sentence for attempting to steal hedge clippers and the descent in his case was so powerful that I think you need to hear it. My name is Nate lawyer Youtuber if your first time here consider liking this video share this video and if you like the content subscribe to the channel now let’s talk about the descent. Now in American law there have been some famous defense now what is a dissent. A dissent is an opinion by one of the justices on an appeals court or even the supreme court and the dissent usually breaks away from the ruling that the court has made and a justice saying that hey we believe the court got this wrong and they explained their reasoning on why they believe the court got it wrong. Now generally the descent is the losing side.

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Right The Dissent Is Not The Side

in which one so in most cases, no one reads the dissent, but in our history there have been some classic dissents that eventually became the majority opinion. Let’s go over a couple of examples. The Dred Scott case 1857, a 7-2 decision by the Court that essentially said black men are property correction. Black people are property and have no rights justice Mclean in his dissent, which eventually became the majority opinion. The reason why is because we had the 13th amendment Justice Mcclain’s dissent says being born under our constitutional laws no naturalization is required as one of foreign birth to make him a citizen where no slavery exists.

The Presumption Without Regards To Race

is in favor of freedom. See in states like Massachusetts, slavery was outlawed by the state Constitution. So This ruling in Dred Scott meant that if you were black and even if you were born in Massachusetts, you could still be enslaved. You weren’t a citizen. You had no rights you were not free.

Justice Mclean Rejected That Plus Evie Ferguson May

18th 1896, Another 7-2 supreme court decision. Now Plessy v Ferguson is famous because of the separate but equal doctrine Justice Harlan. The dissenting judge in Plessy v Ferguson says this our constitution is colorblind and neither knows nor tolerates classes amongst citizens. Justice Harlan concluded separate is inherently unequal he got it right Karamatsu vi the United States December 18 1944. This is against the Japanese internment cases where the government rounded up Japanese citizens and put them in internment camps No due process.

You Are A Criminal And We Are Going

to intern you even if you are U.s citizen based solely on your. Those internments were upheld in a six to three ruling by the Supreme Court the dissent. Justice Jackson, writing for the dissent, says the court for all times has validated the principle of racial discrimination and criminal prosecutions and is transplanting American citizens. Justice Jackson was right so when it comes to race and discrimination.

The Court Gets It Wrong From

time to time. We know this and as you can see from these dissenting opinions. There are people on the court who see it and future generations like us get to see that not everyone thinks that this type of discrimination. This type of slavery. This type of injustice is warranted that brings us to the state of Louisiana versus fair wayne Bryant life imprisonment for attempting to steal hedge clippers.

His Certiorari Was Denied Meaning His Review

of his case was denied by the Supreme Court and his. conviction was upheld Chief Justice Johnson the sense the Supreme Court of Louisiana State of Louisiana versus Fair Wayne Bryant on writ of certiorari to the Court of Appeals Second circuit Parish of Caddo Johnson, Chief Justice would grant and assigned reasons the sentence imposed is excessive and disproportionate to the offense the defendant committed Mr. Bryant was sentenced as a habitual offender to life in prison for the unsuccessful attempt to make off with someone else’s hedge clippers. Since the conviction in 1997 Mr. Bryant’s incarceration has cost Louisiana taxpayers approximately 518 667 arrested at 38 Mr.

Bryant Has Already Spent Nearly 23

years in prison and now is over 60 years old if he lives another 20 years. Louisiana taxpayers will have paid almost 1 million dollars to punish Mr. Bryant for his failed effort to steal a set of hedge clippers. Mr. Bryant’s sentence is sanctioned under.

The Habitual Offender Law Because Of His Four

prior convictions. His first conviction was attempted armed robbery in 1979, for which he was sentenced to 10 years hard labor. He has no more violent convictions. He was subsequently convicted of possession of stolen things in 1987. .

Attempted Forgery Of A Check Worth 150 In

1989 and a simple burglary of an inhabited dwelling on March 19 1992. Each of these crimes was an effort to steal something such petty. Theft is frequently driven by the ravages of poverty and addiction and often both. It is cruel and unusual to impose a sentence of life in prison at hard labor for the criminal behavior, which is most often caused by poverty or addiction. A permissible sentence under Louisiana’s habitual offender sentencing scheme may still violate a defendant’s constitutional right not to be subject to excessive punishment.

A Sentence Is Unconstitutionally Excessive.

Under Article 1 section 20 of the Louisiana state Constitution if it makes no measurable contribution to acceptable goals of punishment or amounts to nothing more than a purposeful imposition of pain and suffering, and is grossly out of proportion to the severity of the crime. In the years following reconstruction, Southern states criminalized recently emancipated African-american citizens by introducing extreme sentences for petty. Thefts associated with poverty. These measures enabled southern states to continue using forced labor as punishment for crime by African Americans.

Even After The Passage Of The

13th Amendment, known in some places as pig laws, they replaced the black codes that were prevalent after the Civil war ended now the Chief justice cites a wonderful book by Arthur Douglas, a black man slavery by another name, The re-enslavement of Black America from the Civil War to World War Ii, A fascinating look at how blacks. In itself after the 13th Amendment, now pig laws were largely designated to re-enslave African-americans. They targeted actions such as stealing cattle and swine considered stereotypical negro behavior by lowering the threshold for what constituted a crime and increasing the severity of punishment. Pig laws undoubtedly contributed to the expansion of the black prison population that began in the 1870s. These laws remained on the books of most southern states for decades and this case demonstrates their modern manifestation harsh habitual offender laws that permit life sentences for a black man convicted of property crimes.

This Mans Life Sentence For A

failed attempt to steal a set of hedge clippers is grossly out of proportion to the crime and serves no legitimate penal purpose for the reasons cited I would grant the defendant’s writ application sometimes in my haste to do videos I tried to distill the law the history. meant how we got here but to be honest with you. My last video failed failed to do one thing. It failed to actually read the words on the page. I think there’s no better speech.

No Better Dissent For This Case

than what this chief justice wrote. She gave you the cost over a million dollars. She gave you the legal ration. Now it’s cruel and unusual. It serves no legitimate purpose, and then she gave you the history of why these laws have this effect and now that we know that 80 percent of the people who are convicted under these habitual offender laws happen to be African-american, but only 30 of the population in Louisiana’s African-american.

You See The Problem.

We can all have our own opinions, but we cannot have our own facts. I hope you learned something if you like what you heard Don’t forget. Subscribe button Help me grow My name is Nate lawyer, Youtuber and I’m out.

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Summary

A black man in Louisiana was given a life sentence for attempting to steal hedge clippers and the descent in his case was so powerful that I think you need to hear it . In American law there have been some famous defense now what is a dissent. A dissent is an opinion by one of the justices on an appeals court or even the supreme court and the dissent usually breaks away from the ruling that the court has made and a justice saying that hey we believe the court got this wrong. Now generally the descent is the losing side. In most cases, no one reads the dissent, but in our history some classic dissents that eventually became the majority opinion. The Dred Scott case 1857, a 7-2 decision by the Court that essentially said black men are property correction. The Plessy v Ferguson is famous because of the separate but equal d is famous for the separate and equal d . You weren’t a citizen in Massachusetts, you could still be enslaved. You had no rights…. Click here to read more and watch the full video