ACLU-MN Greater MN Racial Justice Project

1. ACLU-MNGreater MN Racial Justice Project What we do…..

2. Who is the ACLU? • American Civil Liberties Union (ACLU), founded in 1920, is the nation’s premier guardian of Liberty. We work daily in courts, legislatures, and communities to defend and preserve the Individual rights and freedoms guaranteed by the Constitution and laws of the United States. • The ACLU-MN founded in 1952, fights to protect the civil liberties of MN through litigation, public education, and lobbying related to legislation that impacts civil liberties and civil rights.

3. ACLU-MNFour underlying principles that guide our mission • ACLU-MN is a nonpartisan, impartial organization; its policies do not embrace particular political philosophies. • ACLU-MN may represent individuals with popular or unpopular points; the ACLU-MN by such representation, neither condones nor promotes their message, but defends against attacks on civil liberties • ACLU-MN is a non-profit organization that does not solicit nor accept government funding. Its primary client is the Bill of Rights. • ACLU-MN is an affiliate of the American Civil Liberties Union and coordinates philosophy, approach to litigation, and funding, with that organization.

4. ACLU-MN Founded in Minnesota 1952 Approximately 10,000 members +

5. Defending the Bill of Rights • Free Speech • A Free Press • Religious Liberty Religious Freedom • No Unreasonable Search and Seizure • Due Process of the Law • A Jury Trial and a Lawyer • No Cruel and Unusual Punishment • Equality for all under the law • The Right to Vote Regardless of Race or Sex

6. ACLU-MN(Greater MN Racial Justice Project) • The seven counties selected had the three largest reservations in the state of Minnesota • Counties were in two judicial districts • 9th Judicial District and 7th Judicial District (Becker) • Beltrami • Cass • Clearwater • Hubbard • Itasca • Mahnomen

7. ACLU-MN(Greater MN Racial Justice Project) • The project accomplishes the work through one full time and one part-time paid staff. The most important people are the card carrying membership, the volunteers and interns. All our work is accomplished through people’s financial support, the time and effort of those volunteers and interns. • The GMRJP (Greater MN Racial Justice Project) has three areas that we do our work. • Education • Advocacy • Litigation under the direction of the St. Paul office legal team

8. The Greater Minnesota Racial Justice Project established May, 2004 in Bemidji, MNFirst of it’s kind in United States that focused on Indigenous issues on race Standpoint is to provide public education regarding racial justice issues through community outreach. Court/Jail monitoring, and intake services. Project serves all people with a focus on Native American communities. • To research the concerns of Northern Minnesota on racial injustice • Seven counties were selected: • Beltrami County • Becker County • Cass County • Clearwater County • Hubbard County • Itasca County • Mahnomen County

9. ACLU-MN(Greater MN Racial Justice Project) • The project does work with a few other counties that the three reservations of Leech Lake, Red Lake and White Earth i.e. Roseau County, Crow Wing County and any calls throughout Minnesota (both urban and rural) that affect native peoples

10. Court Monitoring Why should we monitor the judicial system? • To promote accountability • To gather data to provide the basis for a constructive dialogue • To advocate for resources • To raise public awareness • To educate voters • To provide advocacy to individual involved in court system • To provide some assurance to family A criminal court hearing is a public hearing except juvenile. Cell phones are not allowed in the courtroom www.mncourts.gov

11. GMRJP Jail Rooster Project This project was developed in 2006 to identify native people incarcerated in the following counties Beltrami County Cass County Clearwater County Crow Wing County Each day, we send into the county jails information on GMRJP and intake forms Arnold D. Lajeunese, Works Experience • Arnold is an enrolled member of the Red Lake Band of Chippewa and a 1979 graduate of Bemidji State University with a B.S in Business Administration and a minor in Indian Studies. Arnold Lajeunese has been, in his prior history, employed with the Red Lake Reservation C.A.P. Program, Red Lake Housing Finance Corporation, Bureau of Indian Affairs, and White Earth Land Settlement Act (WELSA). Arnold is a veteran serving honorably from 1956-60 with the U.S. Air Force in Korea and at Lincoln Air Force Base, Nebraska. We are proud to have Arnold with us at the Greater Minnesota Racial Justice Project.

12. What is Justice?

13. JUSTICE???? “Justice is generally understood to mean what is right, fair, appropriate, deserved. Justice is achieved when an unjust act is redressed and the victim feels whole again. Justice also can mean the offender is held accountable for his behavior.”

14. There are four types of justice namely; Commutative justice, Distributive, Legal and Social justice.

15. Four Types of Justice Commutative Justice Regulates and harmonizes the exercise of rights between man and man. • covers private persons as well as juridical persons (communities or associations) to render to each other according to the principle of give and take. • This means that the exchange of anything shall be based on equal value. • The business transaction of equitable pricing of goods is an example of commutative application of justice

16. Four Types of Justice Legal Justice Legal justice regulates the exercise of rights between the community and the authority charged with the welfare of the community. • The objective purpose of legal justice is the common good. The "common good" refers to the sum total of those conditions of social living necessary and contributory to the development of man within the community. The imposition of laws derives from legal justice. • Legal and distributive justice compliments each other. "In the measure in which the individual devotes his powers and resources to the common welfare, the community must show its concerns for his particular welfare. • One who does more for the community is entitled to greater respect and advantage from the community itself. Participation in privileges on the other hand, obliges the individual member of the community to ever greater effort to dedicate himself and his resources with a fuller sense of responsibility to the community.

17. Four Types of Justice Social Justice Social justice presupposes commutative justice as a condition. But it goes far beyond the requirements of commutative justice. • Its objective purpose is the common good, and is thus also called "justice of the common welfare" or justice of the community". • Where commutative justice depends on the law or legal contracts between individuals, social justice draws its force from the solidarity of men living in the community of persons. • The model of social justice is the solidly united family where the common interest prevails and where it is self-evident that the weaker members have just claim on the stronger ones and on the solidarity of all. • In the political order the state has the obligation to safeguard every member of the community, life, sustenance, and the opportunity of work. In the individual level, social justice imposes the obligation to assist those in need so that they too are able to live in the manner worthy of their dignity as persons.

18. Four Types of Justice Distributive Justice Distributive justice regulates the exercise of rights between the individual and the community. • Objective end of this form of justice is the private or particular good of each member of the community. • Therefore regulates the acts of the public authority or of the State in relation to the rights of the individual citizen or party. It presupposes these rights as something which public authority or community ought to preserve and respect • It is distributive justice which regulates the imposition of taxes, fees or privileges by the community upon the individual member. • Likewise, the individual members practice distributive justice by accepting uncomplainingly the equitable distribution of burdens and privileges.

19. Justice is challenging history and images

20. Types of Criminal Justice Rehabilitation • Rehabilitative criminal justice seeks to ensure that a person who committed a crime develops into a healthy, productive member of society. • Rehabilitation efforts may include drug and alcohol treatment, mental health, counseling, education and life-skills training. Community Justice • Community justice is an approach to criminal justice that emphasizes the community as a whole. • Community justice starts with community policing, which reflects local standards and expectations. • Applied to persons who have committed crimes, community justice may include aspects of restorative and rehabilitative justice, but it also requires repayment to the local community as a whole, such as through acts of community service.

21. Different Kinds of Criminal Justice

22. Different Kinds of Criminal Justice Retribution • Retributive criminal justice is also called the "just deserts" theory of justice because it presumes that the person who committed a crime deserves to be punished. • Retribution looks back at what the criminal has gained and seeks to take it away to bring the scales of justice back to level. Rehabilitation • Rehabilitative criminal justice seeks to ensure that a person who committed a crime develops into a healthy, productive member of society. Rehabilitation efforts may include drug and alcohol treatment, mental health counseling, education and life-skills training.

23. Types of Criminal Justice Divine Justice • Divine justice is the theory that the Diety is absolutely fair and just, and that the authority to judge and punish people resides in the Diety. Some cultures apply Deity-inspired principles in their criminal justice systems. For example, Shari'ah law is utilized in some Islamic countries, applying rules regarding crimes and punishments that were prescribed in the holy texts of that religion. American governmental legal systems do not apply a divine justice theory of criminal justice. Libertarian • The libertarian theory of criminal justice is not in practice in the U.S. or in any other country. Libertarian criminal justice emphasizes the first step of the criminal justice system, that of defining crimes, and would decriminalize most drug and other victimless crimes. Although libertarian philosophy would maintain retributive justice for the most violent offenders, libertarian criminal justice would convert most property crimes to civil matters, allowing the victims to sue for appropriate restoration in payment for damage done.

24. Cass County, Minnesota Let’s take a look at a county some of you may live Ball Club Bena Boy River Cass Lake Deer River (part) Federal Dam Inger Longville (part) Mission Oak Point Onigum Pennington Smokey Point “S” Lake Sugar Point Cass Lake abolishes police force, seeks enforcement deal with county 2008

25. Cass County, Minnesota • Population, 2009 estimate 28,534 • Approximately 11.3 % identified themselves as • Indian persons below poverty level, percent, 2008 14.5% • Indian persons on a daily basis in county jail approximately 67% • Statistically for Indians - top four reasons go unchanged in Cass County • DWI • DUI • DAR • Domestic Violence

26. Just some data….. OFFENSE AND RACE OF PERSONS ARRESTED FOR 2009 Juvenile Adult • Murder/Non-Negligent 8_ • Negligent Manslaughter __ • Rape 12 • Robbery 17 48_ • Aggravated Assault 31 253 • Burglary 47 98_ • Larceny 248 903 • Motor Vehicle Theft 24 63_ • Arson 01 01_ Larceny is the "taking and carrying away of tangible personal property of another by trespass with intent to permanently (or for an unreasonable time) deprive the person of his interest in the property." Larceny must involve personal property, and it must be capable of being possessed, and carried away. Thus, real estate, services and other intangibles cannot be objects of larceny. Aggravated assault is a more serious form of threat than ordinary assault. This may be because the threat was made with a deadly weapon, or with intent to rape, maim, or murder. So if someone threatens another while holding a large stick, that is probably simple assault, but if the assailant has a gun or knife, that would most likely be the more serious crime of aggravated assault. If the assailant holding the stick threatens to rape or kill the victim, that might also be aggravated assault. Not all jurisdictions use this term, but all of them will punish an assault with a firearm more severely than an assault with a stick or a fist, so the end result is similar.

27. Does Justice feel like this? If so, why? How does justice feel like in your community? What can be done? Who should fix this issue and how?

28. If you should find yourself in the court system • Be Responsible • Educate Yourself • Make Informed Decisions If you do not appear in court on your scheduled date, a warrant will be issued. Call the clerk of courts or speak to your attorney (if you have one) to request a continuance. Remain in contact with your attorney throughout your court proceedings…

29. Definition of Police Brutality Policy brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation, by a police officer.

30. What to do if you are uncomfortable with how a law enforcement officer made you feel, or physically hurt you. • Take Pictures if any bruises or marks • Write a written complaint to the agency the law enforcement officer is employed Sheriff’s Department Town Board City Police Department Border Patrol/State Patrol BCA/FBI/CIA Tribal Council • Keep a copy of all paperwork • Expect a response within 30 days, nothing received? Send another letter! Call! Document all communication. • Send a copy of your complaint letter to the MN Post Board • All addresses of agencies are found in phonebook, internet or may be available at community service agencies. • Contact the GMRJP (218) 444-2285

31. Find your inspirations in life and be happy My most impressionable time in my life was during the mid 1960's. I witnessed the Vietnam war, Wounded Knee, political protests and racial riots that brought about social unrest, tumultuous times and the counterculture revolution, the "children of the 60's – I have never given up to create positive change!