Reflections on the Jena 6

After hearing the reports of the protest in Jena yesterday, I was heartened. The peaceful nature of the march was a powerful reminder of the power of a peaceful protest. I wish I could have attended. Thousands of people, marching in solidarity, taking care of business. One Jena city official described the day as not only involving no arrests, but not a single incident--at least not from any of the supporters of the Jena 6. The one incident that did occur, involving the two white teens with nooses in their pick-up, portrayed the protesters in a positive light, backfiring on those two teens who tried to garner a reaction.

Then there was today, and the court's refusal to reduce Mychal Bell on bond. It's not clear that the court considered the bail issue, given the closed nature of juvenile court. However, if the judge did not consider the issue, or if he did hear the bail issue but indeed refused to reduce bail to something less than $90,000, an explanation is in order.

I learned a few key principles in law school, including the presumption of innocence, i.e. innocent until proven guilty beyond a reasonable doubt. I also learned that consistent with the presumption of innocence, a criminal defendant shouldn't be denied his freedom unless there is a fear that he will not return to stand trial. Bail is meant to serve as a guarantee that the defendant will return. Stated simply, unless there is good reason not to release a defendant before he has been found guilty, bail should be allowed and should be set in an amount that is high enough to guarantee the defendant's appearance, but not unnecessarily excessive such that the defendant is unnecessarily denied his freedom.

Bell clearly has a past history that works against him. His prior convictions, although while a juvenile, don't help his cause. But as I understand it, Bell has plenty of reason to stay put. His young age and the fact that his relatives, on whom he is dependent, live in the area, suggests that bond could be lowered. Finally, the court has the discretion and the power to impose certain conditions on Bell that if breached, could result in is immediate return to jail.

Finally, there are the reports that members of the KKK or neo-Nazis have posted the names and addresses of the six teens on the internet such that if the six aren't convicted, the Klan or the neo-Nazis can mete out their own brand of justice. The nuts come out at night, and the question is what, if anything the police are doing to protect the five that are currently free on bond. Beer or cheap wine decrease inhibitions, and the Klan's system of justice isn't going to include community service. My prayer is that nothing happen to those boys. May our justice system give them the fair trial they deserve, and a just punishment if they're found guilty.