WRITTEN ENGLISH TRANSCRIPT
I am not a lawyer. I already went through the criminal justice system 25 years ago. It is vulnerable. Broken. Twisted. One side. (Lack of due process). The criminal justice system is so broken without knowing the other side. That is a major problem. I gave lectures, workshops, classroom discussions, presentations around the country, mostly universities and colleges.
The Daily Moth, Deaf news outlet, went all the way to Northern California for personal gain to feed public shaming. Deaf people already used crop videos and practice personal attacks, fueling hate, so bad that social media is extremely powerful. It is seen as “viral hate” so bad that people twist everything.
Jay Kreiger, CDI (Certified Deaf Interpreter) explained three things: Bail, Not Guilty, and Divider. First and Third were correctly explained while the second (not guilty part) about 75% were missing information. It is important to be educated about what the criminal justice system is really about.
Let’s discuss not guilty/guilty pleas:
The biggest question of all, did Mavrick Martin completely acknowledges his Constitutional rights? That’s the biggest “merit key” to his life. Does he know the 6th Amendment?
What is the 6th Amendment?
The right to an attorney, guarantee the right to a speedy trial by the jury. In California, 60 days to given a trial after the arraignment.
When a defendant enters “not guilty” plea:
Alford plea (Kennedy plea in West Virginia):
MEANING of ALFORD PLEA: Does not admit to the criminal act and asserts innocence. After agreeing to an Alford plea, the defendant would acknowledge that the evidence enough by the prosecution would find the defendant guilty beyond a reasonable doubt by the judge or the jury.
MEANING of NO-CONTEST PLEA: A defendant who accepts punishment but does not admit guilt.
Again, the reality of the criminal justice system today is broken: 97% would end up guilt, no matter what. Too much paperwork, little time to give them speedy trials. Not enough time to hear the “other side” of defendants. The criminal justice system is too much institutional oppression and power.
What is the difference between court-appointed lawyers and public defender (PD)?
A private attorney who takes court-appointed cases and gets paid by the hour.
PD is a lawyer who works ONLY for the government.
Both are bad ideas. Best to get a real-time lawyer. However, in 1963, the Supreme Court case called “Gideon v Wainwright” that poor people accused of serious crimes are entitled to legal representation paid for by the government.
It is very expensive to afford a lawyer when it comes to poor Deaf defendants. They often end up, what?
In the book, ‘The Politics of Deafness’ by Owen Wrigley: “in which the state expanded its role in order to provide improved benefits and services, new rights and protections, and a more accessible and efficient legal system”
What about Deaf defendants in order to be provided improved services, rights, protections, accessible legal system to seek Certified Deaf interpreters (CDI)? It is a very critical time right now. Eric Eckes, the author: “The Incompetency of Courts and Legislatures: Addressing Linguistically Deprived Deaf Defendants”:
“deaf people are substantially overrepresented in the criminal and quasi-criminal justice system.”
Katrina R. Miller and McCay Vernon wrote: “Linguistic Diversity in Deaf Defendants and Due Process Rights”:
‘A Speedy Trial as a Function of Due Process’:
“However, they are frequently mislabeled, misunderstood, and improperly handled by the court system. Failure to ensure due process rights for deaf defendants, specifically the right to a speedy trial, can result in tragic and irreversible consequences.”
If Mav decides to go for trial, then he must replace those interpreters who did not do a good job and have the right to ask for CDI to understand his fluent ASL to obtain a fair trial. Would the trial have Deaf citizens for a jury? If the full 12 hearing people on the jury, easily biased because they do not know anything about Deaf culture. Would the jury mix with Deaf and hearing peers send a different message? Would the jury with full Deaf peers easily find Mav guilty because of mob mentality in the Deaf community? Would there be honest Deaf peer on the jury without any kind of bias?
Did Mav stay silence and did not share anything with the detectives or police that will use it against him? Did the police coerce to get full information and use against Mav in the best interests of language deprivation and complete loss of language? Limited English proficiency? That would most likely end up guilty. Would the criminal justice system have coerced him to plead guilty later by invoking fear that the punishment is waiting for him to change his mind?
Your rights must be protected at all times. Lawyer first. Know your rights. It seems the society’s eyes quickly judges of Mav. Public shaming continues.
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