WE MUST EXAMINE ROOT CAUSES: AN AFSC CRIMINAL JUSTICE STAFF RESPONSE TO THE SNIPER CASE

Bonnie Kerness, Masai Ehehosi, Jamie Bissonnette, and Dominque Robinson, National Criminal Justice Network

Photo: J. Spencer

During the month of September, a sniper in the Washington D.C. area shot 12 men and women, and one child. Eleven people were killed. Two individuals, one an African American veteran of the Gulf War and the other a youth of African descent, have been charged with perpetrating these crimes. We are writing this statement out of concern for the families of the victims, the members of their communities, John Lee Malvo and John Muhammad, their families, and the communities they come from. We believe, in the wake of these murders, we must seize this moment to address the root causes of this tragedy and create greater capacity for safety for all.

The dominant culture in U.S. society promotes the use of force and militarism as a means of addressing personal and political conflict. From local policing to international policy, governments increasingly use violence as the first option in resolving conflict. Today, many people in the United States live in communities rent by armed conflict (by this we mean: gun violence that has its roots in economic injustice, poverty, racism, and the institutionalized oppression of poor people and people of color). All these factors influence individuals toward violent choices in their own lives. Now, more than ever, it is crucial that we focus on a national agenda that builds the "beloved community," enacts measures to reduce gun availability, establishes programs that promote equity, ends racism, and creates capacity for self-determination in poor communities and communities of color.

John Muhammad is a veteran. He served in the Gulf War. During and after the Vietnam War, we watched as some veterans exhibited mental health problems that led to addiction, violence, self-harm, and suicide. At one point, 50 percent of those in prison were veterans. In the military, people are indoctrinated to respond with force and violence. They return to their communities and they are expected to lead peaceful and orderly lives. The government does not acknowledge that there was damage done to these men and women. If, in fact, John Muhammad did perpetrate these killings, we are made more painfully aware of these truths-as we were after the killings of military wives when their husbands returned from the Gulf War. It is imperative that people who are returning home after military service receive the support, training, and deprogramming that will insure that they can become members of their communities.

John Lee Malvo is 17 years old. He is an adolescent, yet he is being treated like most Black men who face the criminal justice system-he will endure the worst conditions of confinement and the stiffest penalties. He is not from the United States. We do not know whether, or to what extent, he understands the U.S. criminal justice system. Studies have shown that adolescents learn to make reasoned and independent judgments regarding their behavior gradually and with adequate adult mentoring. They can easily be intimidated or manipulated. In studying the treatment of youthful offenders in the wake of school killings, we have specific examples that demonstrate that some youth are regarded as children while others are condemned as adults. White youth are less likely to be tried as adults and to face capital charges.

Through news reports we learned that John Lee Malvo's aunt entered the United States against great odds and against the laws of this country because she was concerned about the welfare of her nephew. The Immigration and Naturalization Service responded to her entry by detaining both of them. She was forced to abandon her nephew in order to maintain her freedom. The INS regulations do not take into consideration the needs of families and regularly criminalize and detain immigrants. These practices have intensified since September 11 with the passage of laws and executive orders that targeted immigrants. These laws were assembled under the USA PATRIOT Act. And, if the charges against John Lee Malvo are true, this time these practices have had fatal consequences. Against the USA PATRIOT Act and in the face of public pressure, the U.S. must revise its immigration laws.

Since John Muhammad and John Lee Malvo have been arrested, there has been scant news coverage. We know that both men have been confined in deprivation units; John Lee Malvo's request to be held in a juvenile detention center has been denied and he has been confined with adults. Jurisdictional juggling has been difficult to track. In the furor of the successful manhunt, the presumption of innocence has been lost. Much has been made of John Muhammad's religion. Any review of similar cases will reveal that this is unprecedented. This case is apparently being used to promote other agendas. Under the Anti-Terrorism Law, prosecutors no longer need to prove which suspect pulled the trigger in order to convict both under capital statute. This law will undoubtedly be tested on this case-even though the death penalty, as applied to juveniles, is in violation of international law. Even though, throughout the world, the death penalty is abhorred.

The AFSC grieves with all those who have had their loved ones murdered by the sniper. AFSC views "crime" not solely as violation of legal codes but also as behavior that violates the sanctity of human life. The AFSC is concerned about those who are suspected of or convicted of crime as well as to those who are victimized. We know the criminal justice system tends to reinforce our society's injustices and discrimination by dealing most harshly with those who are victimized by basic social, economic, and political injustices. As the government races to convict and punish John Muhammad and John Lee Malvo, we must address the root causes of this tragedy before it repeats itself.

This Statement is endorsed by the Criminal Justice Task Force and the National Community Relations Committee of the AFSC.

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