During this courthouse trip we were also able to witness a woman being sentenced for a series of shoplifting offenses. While the details of the case weren't completely clear, what was clear was that the woman stole designer handbags and resold them because she needed the money to survive. There were several indicators that this woman was not stealing to become rich. She had a child at home, she did not speak one word of English, and she did not have a high school diploma. While there are jobs out there for the non-English speaking, the managers of these jobs often take advantage of their employees. They are rarely on the books, hence they are often forced to work both sporadic and long hours for very little pay.
Taking all of this into account, I ask you: What choice did she really have? Not that I'm condoning bad behavior, but certainly I can understand why this woman resorted to theft. I expressed my sympathy for the woman to our tour guide...her response: "Well if you needed money, would you go out an steal?" I said nothing aloud because at this point it was not worth debating over, but I wanted to respond with a "Well no, but then again I have a college degree." As a matter of fact, I have tons of privilege that this woman didn't. I am childless. I am a natural born citizen. I speak English. I have official job experiences (including references). I have a social security number. I am about to earn my Masters degree. I am upwardly mobile. I have a supportive family. True, she and I are both women of color from impoverished urban households, but I can not pretend that the choices I have made were ever even an option for her.
Surely I do not mean to generalize. There are always exceptions to statistics. One set of circumstances will not always have universal outcomes, but poverty is a hell of a thing. Poverty is an often time inescapable, cyclic, trap. To top it off, as if this woman didn't have enough financial woes, her charges ended up resulting in over 2,000 dollars worth of fines. I wonder how she will be able to support her child, pay her fines, and obtain employment with a record when she gets out of jail. Maybe she'll just "choose"... a miracle.
Tune in tomorrow for a look at motherhood and incarceration...much love people. Comment if you want!!!!!
Zaneta--
ReplyDeleteI absolutely am loving this. I took an awesome class at Ramapo on America's death penalty... and the percentage of white people vs non-whites in prison and specifically on death row. The statistics are astonishing, and stomach turning.
I'm going to write to my professor now to find a certain court case, I think you'd like words of the justice... basically he says that the court is "inherently racist", and while he seemed to sympathize with the defendant, he essentially said that the system would not be changing. The recognition of it is absolutely remarkable.
However, I digress. I believe that in some countries they have laws protecting people who steal because they are in financial distress... or at least show them leniency. We might be in the greatest country in the world... but as far as laws showing equality to women, I remember reading that we are one of the few (if not only) first world countries that does not specifically have laws protecting women.
By the way, I love that you put a "not your average feminist" disclaimer up. I have my own beliefs and also feel ostracized by the feminist community for not agreeing with every "staple" of feminism. It sucks. Feminism should be about including everyone, when the outside world thinks it's okay to push us away. I wish there was a word that allowed everyone to have their own beliefs, with the only staple being equality...
Here's the case, if you have some time... read the opinion!
ReplyDeletehttp://www.oyez.org/cases/1980-1989/1986/1986_84_6811
McCleskey v. Kemp (1986)
I have to say that I'm a bit on the fence with this one. While I most definitely agree with what you have to say about privilege, and the connection between opportunity and choice but of my conscious can't help but scream: "BUT THOU SHALL NOT STEAL!!!!" Part of me wants to believe that there is another way, there has to be. And the opportunities (for lack of better words) may very well suck, and the struggle may be endlessly long and hard but there must be a way through.
ReplyDeleteNow, my family was never utterly penniless, but I recognize some of my own families struggles of being immigrants, unskilled and trapped in a failing system, within this woman's experience. We've had our moments where we'd had to scrape the walls for money, but stealing was never ever deemed a viable option. I don't mean to liken my family's experience to that of this woman's for (without even having to count all the ways) I know that my parents and I hold a great deal of privilege in comparison, however, experiencing what I have and knowing what I do, makes me strongly believe that personal differences in morality must come into play here.
I know that no matter how bad things could possibly get for my family, my mom would never steal, get involved with drugs, or exchange sex for money, for moral as well as legal reasons, or perhaps for morals that are backed up by laws. I can understand the dire situations that push some people to this point and while I don't really see a problem with people committing acts that others consider immoral (It's your life, who cares what others believe), when those acts cross the boundaries of the law, it's a whole other story.
I believe that stealing, as the illegal act that it is, requires correction, however (here's where I agree with you) the circumstances under which the act was committed should be heavily considered when suggesting an appropriate sentence, especially when poverty is involved. I do believe that there is a judicial fault within the system here, and that this system is probably the same system that stuck this woman in the loop of poverty to begin with. I feel that while this woman's actions should have consequences, those consequences should take the woman's entire situation into account and actively work to treat it.
That's just my two cents.
Another great post Zaneta, can't wait for the rest.
I think that many people share Robin's view of a moral stance against theft of any kind, and why wouldn't they? It is written in the plainest of language (no legal jargon here).
ReplyDeleteI am a firm believer in the desperate act is a product of desperate circumstance. People have been known to do all sorts of things that I would never imagine doing in order to survive, and who has the authority to decide what actions are acceptable (more over, what do they have to gain by setting those standards?)
This all stems from something Zaneta said in her first post, the justice system (and I use that term very loosely) is systematically flawed. We have an unfathomably privileged few creating moral codes and dulling out social sanctions to the rest. It really begs the question: what does college educated, upper-middle class, judge know about the struggles of a non-english speaking single mother trying to support a family (or anyone else for that matter)?
Smash the state, burn the prisons ;)
MaryBeth: Thank you! I checked it out and you're right it's an amazing read!
ReplyDeleteRobin: I totally understand where you're coming from. I think it's just hard to place oneself in someone else's shoes until you've reached their exact level of desperate. Morals play apart in everyone's lives, but they're not universal nor are they always feasible. And don't get me wrong, I'm not saying I agree with the act of theft, however I am able to sympathize with the woman. And there are a lot of forces at play when considering the decision she ultimately made. Instead of jail time with heavy fines and time out of work, how about a more proactive approach to crime. Targeting at risk populations with free job training? Career counseling? Vouchers for ESL night school? Easier access to citizenship? Easier access to college education? There were a lot of opportunities this woman clearly didn't have, and sometimes the "choices" we make in life are predetermined by our circumstances and are not confined to the limit of our morals.
Josh: Dude!!! I miss you like crazy! Thank you for your comment and I better see you before I go to NYU.
Zaneta: I definitely agree!
ReplyDelete