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TIME: Almanac 1995
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TIME Almanac 1995.iso
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1993-04-15
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<text id=90TT3007>
<link 90TT0312>
<title>
Nov. 12, 1990: Racial Injustice?
</title>
<history>
TIME--The Weekly Newsmagazine--1990
Nov. 12, 1990 Ready For War
</history>
<article>
<source>Time Magazine</source>
<hdr>
NATION, Page 42
Racial Injustice?
</hdr>
<body>
<p>A judge's remarks raise questions about Barry's sentence
</p>
<p> U.S. District Judge Thomas Penfield Jackson was not
impressed with Washington Mayor Marion Barry's last-minute
contrition. On Oct. 26, Jackson sentenced him to six months in
prison and a $5,000 fine for a cocaine-possession misdemeanor.
Having failed to provide a "good example" in the city's highest
post, said the judge, Barry "must now become an example of
another kind." Last week Jackson hinted that he may have had
more controversial motives for handing down what the mayor
claims is stiff punishment.
</p>
<p> Speaking at Harvard Law School, Jackson lashed out against
four unnamed jurors, accusing them of following their own
"agendas" and refusing "under any circumstances" to convict
Barry of more serious crimes. In August the entire panel
acquitted the mayor of one charge and deadlocked on 12 others.
But Jackson said he had "never seen a stronger government case."
</p>
<p> Jackson's remarks gave a new thrust to the mayor's claim
that his prosecution was racially motivated. "I understand that
there are different sets of standards for different people, and
that's the American injustice system," Barry declared after his
sentencing. What lends credence to Barry's charge is the
leniency shown to other politically prominent defendants who
happen to be white. Oliver North escaped a prison sentence for
his three felony convictions in 1989, since overturned. Reagan
insider Michael Deaver also avoided jail two years ago. Deaver,
who could have been given up to 15 years for felony perjury
following his influence-peddling trial, received a $100,000 fine
and 1,500 hours of community service from his sentencing judge:
Thomas Penfield Jackson.
</p>
<p> Jackson maintains that unlike Barry, Deaver was not a public
official when he committed his crimes and that this accounts for
the difference. But many experts find the disparity troubling.
Says American University law professor Herman Schwartz: "Jackson
gives Deaver, who was tampering with the Constitution, community
service while he gives Barry hard time for being a coke head."
To many observers, the real problem is not that Barry's sentence
was too harsh--he could have been imprisoned for up to a year--but that North, Deaver and others got off too lightly.
</p>
<p> It is not improper for judges to base sentencing on all the
trial evidence, even if a defendant is not convicted on all
charges. What is unusual here is Jackson's impolitic admission
that he did so in the Barry case and his public criticism of the
jury. Though the judge's remarks are not expected to provide
ammunition for upsetting the conviction on appeal, they could
pump up the mayor's political fortunes this week by unleashing
a sympathy vote in his bid for a D.C. council seat.
</p>
</body>
</article>
</text>