In search of justice

years, training criminal defense and juvenile law attorneys.
“I think looking carefully without assigning intentional
racism to our prosecutors or judges, but perhaps
unconscious bias, will operate to the disadvantage of
minorities—in police stops, bail, charging decisions, and
sentencing.”
The numbers tell the story. According to the Vermont
Department of Corrections, black people constitute 1.2
percent of the state’s population but nearly 11 percent of
Vermont’s inmates—one of the most disproportionate
ratios of incarceration of blacks in the U.S.
Saxman cites the Shamel Alexander case as “emblematic
of what’s been going on for years.” Alexander,
a black man from Brooklyn, was racially profiled and
subjected to an unlawful search and seizure in Bennington,
Vt. During the search, heroin was found and he
was arrested. His motion to suppress the evidence was
denied and he lost at trial. On appeal, Saxman convinced
the Vermont Supreme Court to rule that the police did
not have sufficient suspicion to expand the stop into a
drug investigation. The court agreed that the description
of Alexander as “a large African-American male” coming
Adobe Stock
into town in a cab was insufficient to provide suspicion
that he was the alleged drug dealer.
“The judge gave him an incredibly harsh sentence, ten
to ten years and a day. No time for rehab, no recognition
that rehab could be an issue, no possibility of parole,
zero.” Saxman has noticed a belief that Vermont’s drug
problem exists because people are bringing drugs into
Vermont, not because Vermonters are addicted.
Defense attorneys at sentencing are now trying to
help judges view defendants as individuals. For example,
some attorneys show a video of the client’s family, where
they grew up or the particular factors that led to becoming
a drug mule. Saxman says, “It’s one hopeful step. Our
country had to adopt insane myths in order to justify
slavery and the inhumane treatment of slaves. Many of
those myths are still with us.”
Like many other states, Vermont has a problem with
stops. VLS student Shakia Woods JD’17 has been stopped
a number of times. “Someone said to me, ‘Do you
mention you are at the law school when you get pulled
over?’ I always say no, because not every minority has
that option. I would like to be treated like everyone else.”
Jordan Gaither JD’17 also has been stopped. In Arkansas,
Gaither was cuffed and taken in for having an expired
license. At the station, he says, the sheriff declared,
“You can take those cuffs off. He’ll make a good target if
he runs.”
Woods says BLM is effecting positive change through
“making people aware of many injustices around the
country. It has been providing a platform, organizing
people, asking questions, and forcing cities, towns, and
states to respond to situations. This has been a young
persons’ movement that has gotten everyone involved.”
Brittmy Martinez JD’17 agrees. Martinez is a Black Law
Students Association (BLSA) parliamentarian and works
with Black Lives Matter VT in building relationships with
community advocates and pairing the movement’s initiatives
with BLSA’s interests. “BLM sets a millennial tone to
a perpetual issue that our country tries to move past but
refuses to address and properly heal from. BLM challenges
the notion of a post-racial America and forces all of
us to pierce the veil of colorblindness and see our community
in its true colors so that we can work together in
achieving equity and justice for everyone.”
Martinez says VLS students are becoming more
comfortable discussing the intersectionality of race in
classes. “I personally have had students come up to me
to grab a cup of coffee and just talk about my experiences
before VLS and during my time here. People are
beginning to accept that progression toward equity and
justice starts with a conversation with those that are being
marginalized.”
27 WINTER 2016/2017