African Americans make up about 12 percent of the Texas general population. However, if you look at the percentage of male inmates from ages 20 to 24, you see that African Americans make up 42 percent of that prison population. Something is terribly wrong. Of course, I don’t believe its just one cause, but as a criminal defense lawyer I have to ask, “Is our criminal court system failing this group of our citizens?”
I expect when this group is charged with a crime, most often they are represented by court appointed counsel. Some court appointed attorneys are fantastic and fight for their clients; however, some attorneys work simply as cogs in the machinery that conveys these people down to TDCJ. I represent many accused people as court appointed counsel. Our system has drastically improved as our perspective on indigent defense has changed over time. However, it is frightening when my clients that have extensive criminal history tell me, “You are the first lawyer to ever visit me in jail.” So, could the ability to choose their lawyer, such as a voucher system improve the equity in the justice system?
Perhaps lawyers (not just court appointed) need to think more about their client’s situation outside of the courtroom. Unfortunately, many people are placed on probation that do not have the support system or resources to be successful. It is difficult to help a client understand that, although probation may get you out of jail today, it may not be in your best interest. Further, lawyers don’t often bargain for the “conditions” or rules of a defendant’s probation. Our system works a “one-size-fits-all” community supervision program. It is true, many courts and counties have specialized case loads for defendants with special needs or high risk. But the largest group of felony probationers are placed on standard conditions with unrealistic expectations.
Our court system is just one small part of the problem. These numbers are driven by many failures of our country’s social and financial policies. These young men are put on the road to prison much further up stream. Whatever part of your life touches upon this issue, consider this disheartening statistic. Whether you are contributing to political campaigns, tithing at your church, making hiring decision at your workplace… Think about, and more importantly feel for, the young men headed down the dark path to the Texas Department of Criminal Justice.