Showing posts with label Death Penalty. Show all posts
Showing posts with label Death Penalty. Show all posts

Tuesday, September 4, 2012

Born Free? Are You Kidding Me?




By Biko Agozino

The movie, Born Free, was made in 1965 about safari hunters who killed a lion and ‘his’ lioness and adopted one of their four cubs while the other three were sent to zoos. They raised the adopted cub to adulthood and later released her back in the wild and tried to teach her how to survive on her own. Years later, they visited her and her cubs and were surprised to get a royal welcome. Some idea of freedom!

That theme of natural rights continues to be replayed in popular culture rather uncritically. For instance, Kid Rock has a song on the theme proclaiming that you can’t put chains around his feet because he was born free and he could reach the top of that mountain because, you guessed it, he was born free. Really?

Jean Jacques Rousseau theorized in political philosophy that man is born free but is everywhere in chains. That was his counter thesis to the original sin formulation of Thomas Hobbes according to which human beings are born as selfish bastards who require the Leviathan or benevolent dictatorship to keep them in check or life would remain nasty, brutish and short in the state of nature where might is right.

Rousseau and John Locke were of the view that human beings are good by nature and that is why they rationally came to the conclusion to give up some of their rights in return for the equal protection of all by the sovereign. A race of devils will be incapable of reaching the rational conclusion that the state of nature was not ideal and that the social contract was better, they concluded.

The American founding fathers were impressed by the ideas of natural rights, equality and liberty but as Condoleeza Rice asserted during her testimony to the Congressional inquiry into the 9/11 attacks, when they said that all men were created equal, they were not thinking of people like her (in terms of both gender and race).

For African Americans and the American Indian Natives and women generally, the constitution was content to compromise that they were less than full human beings for the purpose of allocating federal resources for a long time.

Paul Ryan is right in asserting that our rights come from the state of nature but he is mistaken to suggest that government should get out of the way for the protection of those rights because every right has been struggled over as a human right especially against stiff opposition by those who assume that they are more human than others – the poor, the women, the racial minorities, the gays – who are still constrained by visible and invisible chains but who remain human deserving human rights.

Thus, being born in chains does not mean that you are any less human than your compatriots who were born with silver spoons in their mouths. All are born chained to our mother’s umbilical cords: kings and queens, paupers and elites, men and women, gays and straights alike. We enjoy different regimes of human rights depending on the balance of forces in human history and the accident of our geographical locations but all of us were born stark naked and, without exception, chained to the baby mama.

Kid Rock was obviously just kidding when he sang that he was born free because no one is ever born free as a human being (although he may have been referring to drug addiction and all the enslaving chains associated with drugs). But for a major political party to adopt that song as the presidential campaign anthem calls for a sober reflection. If they claim to be born free, who do they suggest was born un-free?

No, Kid Rock and Republicans, seriously, you were not born free, you were born firmly attached to the umbilical cord of your mothers as Michael Moore joked in his autobiography, Here Comes Trouble; he said that he wailed like everyone of us when those superhero nurses severed his first guaranteed link to life after his birth, an honor sometimes reserved for the macho warrior father showing off in the maternity.

No human being is ever born free compared to the chicken or ‘lower animal’ that cracks open its own personhood shell or pops out from the womb and walks out already chirping in tribal tongues and running and feeding on its own.

Human beings are a different piece of work. We cannot even hold our own necks up for months, we have to depend on the mama glands too, then we need to learn to sit up before being taught to crawl, then walk before running, and before we go beyond blabbing about mama and dada to learn our ABC and 123, we learn the inconvenience of not wetting our diapers! Duh?

What are diapers for if not to be wet soggy? Before long we discover sex and symbolize maturity with matrimony (except if you want to marry the same sex which remains illegal in many states).

So you were ‘Born Free’ compared to whom? Compared to human beings who were born in chains or those who remain with the chains of the prison industrial complex clanging with every step?

Yeah, that is not just fairy tale, some of us had ancestors who were enslaved and who were enslaved just because their mama was in chains, nothing wrong with their human nature, just like the 99% shackled with twice the tax rate of 1%.

Of course chains are not racial in color and so Joe Biden was right in wondering if you promise to unchain or unshackle Wall Street, are you not suggesting that the shackles should be on the ankles of the middle class, white or black?

The Romney-Ryan Hood platform promises to repeal the Affordable Health Care Act that was ruled constitutional by the Supreme Court. Joe Biden suggested that they plan to unshackle the health insurance industry from regulation so that they can continue to refuse coverage to 40 million Americans, including those with pre-existing conditions; refuse women the preventive care coverage that they have a right to, yank young adults from their parental coverage, charge the elderly more for less coverage and hand over the hundreds of billions saved in agreement with healthcare providers back to millionaires as tax cuts; all in the name of free enterprise and because ‘corporations are people’.

Not even the big bad (or good, as you like it) Feds are ever without restraints given constitutional checks and balances and so why this fantasy about unchained market forces and the ‘idea’ of rights from nature? Freedom is not just an idea; regulation is not the same as a shackle; and civil society trumps the state of nature when it comes to the protection of rights! Check out life in the jungle today and compare with civil society if you are in doubt.

For the next four years, President Obama should put in place a job plan that will target the unacceptable unemployment rate among African Americans in particular and the poor working class Americans in general. Let him allocate $200 billion to be disbursed over four years at $50 billion per annum. On average, $1 billion will be given to each state annually to fund start ups for 1000 unemployed youth or 50,000 start ups at the cost of $1 million each. Multiply that with the number of employees that they are capable of hiring each year for the next four years!

Obama’s second term should also commit to ending the war on drugs that has seen millions of lives of poor youth, white and black, ruined over substances that are much less harmful than legal tobacco and alcohol. Let the unemployed youth grow and sell their marihuana legally and pay tax on their sales while we use education to get people to say no to drugs as we do with tobacco. Patients who need marijuana for chronic illnesses and recreational users in a democratic society deserve the freedom of choice that some people will give to rich corporations but not to people.

President Obama’s second term will be uneventful without a plan for African reparations in place from day one. All groups that have suffered great historical wrongs have received some form of reparation except people of African descent who suffered the greatest wrongs in history. This is one big ticket item that President Obama should promise, not because he is of African descent but, because it is the right thing to do.

Finally, the constitutional lawyer in President Obama should commit to abolition of the death penalty in America during his second term. Not everyone was born free but everyone deserves to have the right to life guaranteed as inalienable.

Dr. Agozino is a Professor of Sociology and Africana Studies, Virginia Tech.

Saturday, August 25, 2012

Gambian Kongi's Harvest: Mass Executions

By Biko Agozino

Gambia has embarked on what Wole Soyinka indelibly condemned as Kongi's Harvest: Mass Executions.

President Goodluck Jonathan of Nigeria was reported as comparing the mass executions to the Rwanda genocide. All African states should avoid hypocrisy and appropriately respond to Gambia's display of barbarism by abolishing the death penalty in Africa the way Nelson Mandela did in South Africa at a time that the assassins of Chris Hani were still awaiting trial and could have been given the death penalty.

The reasons for abolishing the death penalty across Africa are:

1) The death penalty was imposed on Africans by colonial authorities and those colonizing countries have since abolished it in their own countries because the death penalty is barbaric and unconstitutional.

2) The death penalty leads to increased violence and homicide given that the states that have the death penalty also record higher rates of homicide. This is called the brutalization effect or the impact of state sanctioned killing on the psyche of citizens who tend to follow the example of the state by killing fellow citizens to settle disputes. Across Africa, the death penalty is no deterrent to violent crime maybe because the fear of the death penalty makes criminals to attempt to eliminate all witnesses.

3) The margin of error is huge in the death penalty and once executed, there is no way to correct the wrongful killing of innocent suspects like Ken Saro-Wiwa whereas a life sentence would give the innocent more chances of proving their innocence.

4) Violent criminals are more afraid of life sentences than the death penalty and some of them attempt suicide in prison rather than spend the rest of their lives behind bars. Life sentences would also allow society to attempt to reform dangerous criminals.

5) Nigeria should follow the good example of South Africa and immediately abolish the death penalty as contravening the human rights provisions in our constitution. Prof. Ben Nwabueze argued accordingly in his critique of the borrowing of the death penalty from the American Presidential Constitution by the drafters of the 1979 Nigerian Presidential Constitution.



6) The death penalty is biased against poor black men and is therefore arbitrary, cruel and unusual punishment.

For public discussions of the scholarly evidence, see the earlier post here: 

Biko Agozino

Jonathan urges Africa to respond to Jammeh’s threats

Friday, August 24, 2012
Reactions to President Yahya Jammeh’s threat that by the middle of next month (September 2012), all death penalties would have been carried out in The Gambia continues, with the latest coming from Nigerian President Goodluck Jonathan.
Jonathan, who arrived in neighbouring Senegal on a 24-hour working visit, told journalists in Dakar on Thursday that the entire African continent “should respond” to Jammeh’s threats to implement the death penalty, Senegalese daily Rewmi reported yesterday.
“Such an act would mean genocide in Africa, after that of Rwanda,” Jonathan was quoted as saying.
Jonathan’s reaction comes a day after France also condemned such a threat, saying The Gambia has applied a de facto moratorium on the death penalty since 1981.
“France therefore urges Gambia to maintain this moratorium with a view toward the definitive abolition of the death penalty, and not to execute these death row prisoners. It also demands that Gambia commute all death sentences to custodial sentences,” France declared.
The statement added: “France, in keeping with its opposition to the use of the death penalty in all circumstances, believes that the death penalty is a cruel punishment and that its abolition contributes to strengthening human dignity.”
It said considerable progress has been made in the fight to abolish the death penalty in recent years.
In an address to the nation to mark the Muslim holy feast of Eid-al-Fitr, Jammeh said by the middle of next month (September 2012), all the death sentences would have been carried out to the letter, though he did not give the exact number of the prison inmates currently on death row.
“All punishments prescribed by law will be maintained in the country to ensure that criminals get what they deserve; that is, that those who kill are killed, and those who deserve to be put away from society are put away according to the dictates of the law,” Jammeh said.

Monday, June 18, 2012


Prof advocates legalising marijuana

Trinidad Guardian: Published: 
Thursday, June 14, 2012


Published: 
Thursday, June 14, 2012
Director of Africana Studies at Virginia Polytechnic Institute and State University Prof Onwubiko Agozino is calling for the legalisation of marijuana. He believes people who use/sell marijuana and may be arrested and sentenced to prison for it cannot be compared with one incarcerated for homicide. He also believes imprisoning someone for a marijuana offence exposes that individual to violent socialisation.

The right to sell marijuana, as in Netherlands or Portugal, he said, should also be decriminalised thereby allowing people to earn a living. Other illicit drugs such as cocaine, he said, should also be decriminalised, but through education, the public should be made alive to the the dangers.

“The war on drugs is a choice our leaders have made. Waging war on drugs is not working; what works is education. Marijuana never killed anybody. We should end the war on drugs, legalise marijuana and allow the young people here in Trinidad and Tobago to grow their little marijuana and make a decent living and pay some taxes,” he said.

Agozino’s comments came as he delivered the keynote address at the opening day of the 14th Biannual International Conference on Penal Abolition (ICOPA). The conference invites the opinions and expertise of activists, academics, journalists, practitioners, people currently or formerly imprisoned, survivors of State and personal harm and others from across the world working toward the abolition of imprisonment, the penal system, and the prison industrial complex.

Held in conjunction with the Institute of Industrial Relations at the University of the West Indies (UWI), St Augustine Campus, the conference is being hosted at the university’s Learning Resource Centre for participants from Jamaica, the USA, UK and T&T.

President of the Caribbean Court of Justice (CCJ), Sir Dennis Byron chaired the panel on Criminal to Reparative Law. Agozino also recommends the lifting of the death penalty. He described as ‘shameful’ that the death penalty is being retained in the constitutions of Caribbean countries. He said the death penalty encourages one to kill one’s wife or friend as a form of punishment.

“The people who imposed the death penalty on us, the Europeans, have all abolished it. We did not make the law to kill our own people as punishment. That is a European, modern fetish of control-freak technology. “As part of the decolonisation our people have been waging for centuries we should say enough to the death penalty as punishment. I say to you, people of Trinidad, you are the new Pharaohs of the age if you make it known that you do not want the death penalty any more,” he said.

Criminologists, he said, should advocate for the British to apologise and pay reparation to the Shouter Baptists for the 1917 Ordinance which prohibited Shouter Baptists from their form of worship. Agozino’s address, “Control-Freak Criminology and Penal Abolitionism” called for the discipline to take a peacemaking and lovemaking perspective as espoused by philosopher and criminologist Harold Pepinsky and others.

Saturday, February 25, 2012

Public Sociology on Death Penalty

By Biko Agozino

You may be interested in reading the press release from New York University about a paper that David Greenberg (NYU) and Biko Agozino (Virginia Tech) published in the British Journal of Criminology. The fun lies in scrolling to the bottom to read the online comments of the readers and feel free to leave your own comments:

Here, Amnesty International twitted the Press Release while some readers disagree with the analysis:

The link below shows an award-winning Sky News crime journalist playing word games with the Press Release:


The New Pharaohs (the people of Trinidad and Tobago) appear to have their hearts hardened by the Almighty Law:


Here, the opinions of a supporter of the death penalty attracted opposing views:

This one is yet to attract comments:

What do you think? Please leave a comment on my www.massliteracy.blogspot.com  site and or on the other sites if you wish.