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Black Male Empowerment 2010
           at GSU
Attorney William K. Boddie, Jr.
WHAT YOU THINK YOU   WHAT YOU THINK YOU   WHAT YOU LEARNED
 KNOW ABOUT YOUR      WILL LEARN ABOUT    ABOUT YOUR RIGHTS
   RIGHTS WHEN       YOUR RIGHTS WHEN     WHEN APPROACHED
APPROACHED BY THE    APPROACHED BY THE      BY THE POLICE
      POLICE               POLICE
What is the Definition of Being a
            Leader?
Is he a Leader? Why or Why
            Not?
Is he a Leader? Why or Why
            Not?
Are these Men Leaders? Why or
           Why Not?
Definition                                  CHARACTERISTICS

One who takes responsibility for his family, Honest, Bold, Courageous, Assertive,
   community, and life.                         Focused, Balanced, Knowledgeable,
                                                Spiritual, Healer
Webster - The condition of being a human
  being.                                 MANHOOD


                                               MANHOOD
                       EXAMPLES
Paul Robeson               Mike Weaver
Malcolm X                  Keene Walker                           NON-EXAMPLES
Dr. Martin Luther King Jr. Akil Secret              Weak, Passive, Pensive, uninformed, overly
Johnnie Cochran            Gary Andrews
Minister Louis Farrakhan   Rob Daniel                emotional, wife beater, child molester, dead
Derrick Boazman            Mawuli Mel Davisi                 beat dad, race hater, scared.
William Boddie
Wekesa Madzimoyo
Derrick Rice
Mike Kweku Webb
Douglas Evans
A.B. Jihad
Ray Muhammad
What Does Being a Leader Has To Do
     With Knowing Your Legal Rights?
   1)   Leader-Seeks Knowledge
   2)   Leader-Tries to Understand Knowledge that he Seeks
   3)   Leader-Utilizes the Knowledge that he has Learned
   4)   Leader-Shares his Knowledge With Others
The 4th Amendment of The U.S.
         Constitution
  Unreasonable Searches and Seizures
"The right of the people to be secure in their
    persons, houses, papers, and effects
     against unreasonable searches and
    seizures shall not be violated, and no
   warrants shall issue, but upon probable
   cause, supported by Oath or affirmation
  and particularly describing the place to be
  searched and the persons or things to be
                    seized."
Jay-Z’s Interpretation of The   4th

          Amendment
So I...pull over to the side of the road
And I heard "Son do you know why I'm stopping
you for?"
Cause I'm young and I'm black and my hats real
low
Do I look like a mind reader sir, I don't know
Am I under arrest or should I guess some mo?
"Well you was doing fifty five in a fifty four"
"License and registration and step out of the
car"
"Are you carrying a weapon on you I know a lot
of you are"
I ain't stepping out of sh_t all my papers legit
"Do you mind if I look round the car a little bit?"
Well my glove compartment is locked so is the
trunk and the back
And I know my rights so you gon' need a
warrant for that
"Aren't you sharp as a tack are some type of
lawyer or something?"
"Or somebody important or something?"
Nah I ain't pass the bar but I know a little bit
Enough that you won't illegally search my sh_t
"Well see how smart you are when the K-9's
come"
How To Deal With The Police
Things To Remember…
  Do not answer any questions (except name and address) no matter how
   trivial
  Answer questions with questions, (i.e. “Do you know why I stopped you?
   What can I help you with officer?”)
  Do not physically resist (do not even touch an officer)
  Do not consent to any searches (of your body, your car, your house, or
   your possessions)
  Keep personal and private items out of plain view of the police
  Be non-confrontational
  Determine if you can leave - “Excuse me officer, am I free to go?”
  Never run
  Officers are not your advocates don’t believe what they say…ask for a
   lawyer
  Write everything down as soon as possible including officer’s name and
   badge # and witness names and their contact information


Statements to Remember…
  I do not consent to a search
  Am I free to go
  I have nothing to say until I speak with my lawyer
The “I Watch Law and Order” Quiz

1. It is not a crime for you to throw a punch at a person’s face
   but miss.
True or False
2. A charge of Family Violence Battery can only be made if the
   incident involves a husband and a wife.
 True or False

3. A misdemeanor conviction can be expunged from your record
   after 7 years.
True or False

4. A felony conviction can be expunged from your record after 20
   years.
True or False

5. A person can only plead under the First Offender once.
True or False
The “I Watch Law and Order” Quiz
6. If you are with someone who commits a crime you can be charged
      as a party to a crime and face the same charges.
True or False

7. If you are convicted of committing two violent crimes you must be
      sentenced to life in prison without the possibility of parole.
True or False

8. Your driver’s license must be suspended if you are convicted of
     racing on highways and streets.
True or False

9. You can be convicted of Armed Robbery even if the gun is not real.
True or False

10. Certain criminal convictions could make you ineligible to receive a
Hope Scholarship for college.
True or False
Domestic Violence Law
(f) If the offense of battery is committed between past or present spouses,
   persons who are parents of the same child, parents and children,
   stepparents and stepchildren, foster parents and foster children, or other
   persons living or formerly living in the same household, then such offense
   shall constitute the offense of family violence battery and shall be
   punished as follows:

   (1)Upon a first conviction of family violence battery, the defendant shall
   be guilty of and punished for a misdemeanor; and

        (2) Upon a second or subsequent conviction of family violence
         battery against the same or another victim, the defendant shall be
         guilty of a felony and shall be punished by imprisonment for not less
         than one nor more than five years. In no event shall this subsection
         be applicable to reasonable corporal punishment administered by
         parent to child.
To “Hit A Lick”
16-8-41. Armed Robbery; Robbery By
Intimidation
(a) A person commits the offense of armed robbery when, with
intent to commit theft, he or she takes property of another from the
person or the immediate presence of another by use of an offensive
weapon, or any replica, article, or device having the
appearance of such weapon. The offense of robbery by
intimidation shall be a lesser included offense in the offense of
armed robbery.

(b) A person convicted of the offense of armed robbery shall be
punished by death or imprisonment for life or by imprisonment for
not less than ten nor more than 20 years.
Ten Years vs. One Month

The Cost Of Hitting A Lick      The Slow But Safe “Grind”
$1,000 = 10 years               $6.25 an hour job
10 years = 3,650 days           40 hours a week
3,650 days = 87,600 hours       4 weeks (1 month) you will
87,600 incarcerated hours for      earn $1,000
   $1,000 = $.011 (1 penny an
   hour)
Would you buy a $500 TV for
           $6,872 plus 1 year in jail?
The Cost Of Kicking a Door The Slow But Safe “Grind”

$500 (Flat screen pawned)       $6.25 an hour job
4 years probation $39 a         40 hours a week
   month=                       2 weeks you will earn $500
$1,872
Attorney’s fees - $4,000
Fines- $1,000

1 year in Prison= “Priceless”
Expungement Law

O.C.G.A. § 35-3-37 provides a method of expunging an arrest
record…this statute generally provides that a person is entitled,
on request, to expungement if charges have been dismissed,
dead docketed, or nolle prossed unless certain facts are present.
O.C.G.A. § 35-3-37(d)(3) provides that an individual's record
may be expunged "if the prosecuting attorney determines that
the following criteria have been satisfied: (A) The charge was
dismissed under the conditions set forth in paragraph (1) of this
subsection; (B) No other criminal charges are pending against
the individual; and (C) The individual has not been previously
convicted of the same or similar offense under the laws of this
state, the United States, or any other state within the last five
years, excluding any period of incarceration."
Too Fast & Too Furious?
   Under Age 21
    If you are under 21 years of age in Georgia and convicted of committing any of the following
    offenses, your Georgia driver's license will be suspended:
    Serious Traffic Violations (Non-DUI)
    (1) Homicide by vehicle;
    (2) Any felony in the commission of which a motor vehicle is used;
    (3) Hit and run or leaving the scene of an accident;
    (4) Racing on highways and streets;
    (5) Using a motor vehicle in fleeing or attempting to elude an officer;
    (6) Fraudulent or fictitious use of or application for a license;
   If you are under 18 years of age, an accumulation of 4 or more points within a twelve month
    period will result in a suspension of your Georgia driver's license for at least six months.
   If you are 18 but under 21, any violation of 4 or more points will result in a license suspension for
    at least six months.
   If you are 21 or older and accumulate 15 or more points in any consecutive 24 month period,
    your license will be suspended for one year.
   Aggressive driving ......................................................................................... 6 points
    Reckless driving ............................................................................................. 4 points
    Unlawful passing of a school bus ................................................................... 6 points
    Improper passing on a hill or a curve ............................................................. 4 points
    Exceeding the speed limit by more than 14 less than 19 miles per hour ....... 2 points
    Exceeding the speed limit by 19 but less than 24 miles per hour .................. 3 points
    Exceeding the speed limit by 24 but less than 34 miles per hour .................. 4 points
    Exceeding the speed limit by 34 miles per hour or more .............................. 6 points
    Disobedience of any traffic-control device or traffic officer ......................... 3 points
    Too fast for conditions ................................................................................... 0 points
    Possessing an open container of an alcoholic beverage while driving .......... 2 points
    Failure to adequately secure a load, except fresh farm produce,
    resulting in loss of such load onto the roadway which results in an accident .. 2 points
    Violation of child safety restraint requirements, first offense ......................... 1 point
    Violation of child safety restraint requirements, second or subsequent offense ..... 2 points
    All other moving traffic violations which are not speed limit violations .......... 3 points
Is BMF a Rap Group or a
  National Drug Gang?
“Hey mom I am in a rap group
                (gang)”
   In Georgia, a Criminal Street Gang is defined as:
    any organization, association, or group of three
    or more persons associated in fact, whether
    formal or informal, which engages in criminal
    gang activity.
   Existence of “Criminal Street Gang” can be
    established by:
   1) Common name
   2) Identifying symbols, signs, tattoos, graffiti, and
    attire
THANK YOU!

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Legal Rights Presentation for the Black Male Empowerment Summit 2010

  • 1. Black Male Empowerment 2010 at GSU Attorney William K. Boddie, Jr.
  • 2. WHAT YOU THINK YOU WHAT YOU THINK YOU WHAT YOU LEARNED KNOW ABOUT YOUR WILL LEARN ABOUT ABOUT YOUR RIGHTS RIGHTS WHEN YOUR RIGHTS WHEN WHEN APPROACHED APPROACHED BY THE APPROACHED BY THE BY THE POLICE POLICE POLICE
  • 3. What is the Definition of Being a Leader?
  • 4. Is he a Leader? Why or Why Not?
  • 5. Is he a Leader? Why or Why Not?
  • 6. Are these Men Leaders? Why or Why Not?
  • 7. Definition CHARACTERISTICS One who takes responsibility for his family, Honest, Bold, Courageous, Assertive, community, and life. Focused, Balanced, Knowledgeable, Spiritual, Healer Webster - The condition of being a human being. MANHOOD MANHOOD EXAMPLES Paul Robeson Mike Weaver Malcolm X Keene Walker NON-EXAMPLES Dr. Martin Luther King Jr. Akil Secret Weak, Passive, Pensive, uninformed, overly Johnnie Cochran Gary Andrews Minister Louis Farrakhan Rob Daniel emotional, wife beater, child molester, dead Derrick Boazman Mawuli Mel Davisi beat dad, race hater, scared. William Boddie Wekesa Madzimoyo Derrick Rice Mike Kweku Webb Douglas Evans A.B. Jihad Ray Muhammad
  • 8. What Does Being a Leader Has To Do With Knowing Your Legal Rights?  1) Leader-Seeks Knowledge  2) Leader-Tries to Understand Knowledge that he Seeks  3) Leader-Utilizes the Knowledge that he has Learned  4) Leader-Shares his Knowledge With Others
  • 9. The 4th Amendment of The U.S. Constitution Unreasonable Searches and Seizures "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized."
  • 10. Jay-Z’s Interpretation of The 4th Amendment
  • 11. So I...pull over to the side of the road And I heard "Son do you know why I'm stopping you for?" Cause I'm young and I'm black and my hats real low Do I look like a mind reader sir, I don't know Am I under arrest or should I guess some mo? "Well you was doing fifty five in a fifty four" "License and registration and step out of the car" "Are you carrying a weapon on you I know a lot of you are" I ain't stepping out of sh_t all my papers legit "Do you mind if I look round the car a little bit?" Well my glove compartment is locked so is the trunk and the back And I know my rights so you gon' need a warrant for that "Aren't you sharp as a tack are some type of lawyer or something?" "Or somebody important or something?" Nah I ain't pass the bar but I know a little bit Enough that you won't illegally search my sh_t "Well see how smart you are when the K-9's come"
  • 12. How To Deal With The Police Things To Remember…  Do not answer any questions (except name and address) no matter how trivial  Answer questions with questions, (i.e. “Do you know why I stopped you? What can I help you with officer?”)  Do not physically resist (do not even touch an officer)  Do not consent to any searches (of your body, your car, your house, or your possessions)  Keep personal and private items out of plain view of the police  Be non-confrontational  Determine if you can leave - “Excuse me officer, am I free to go?”  Never run  Officers are not your advocates don’t believe what they say…ask for a lawyer  Write everything down as soon as possible including officer’s name and badge # and witness names and their contact information Statements to Remember…  I do not consent to a search  Am I free to go  I have nothing to say until I speak with my lawyer
  • 13. The “I Watch Law and Order” Quiz 1. It is not a crime for you to throw a punch at a person’s face but miss. True or False 2. A charge of Family Violence Battery can only be made if the incident involves a husband and a wife. True or False 3. A misdemeanor conviction can be expunged from your record after 7 years. True or False 4. A felony conviction can be expunged from your record after 20 years. True or False 5. A person can only plead under the First Offender once. True or False
  • 14. The “I Watch Law and Order” Quiz 6. If you are with someone who commits a crime you can be charged as a party to a crime and face the same charges. True or False 7. If you are convicted of committing two violent crimes you must be sentenced to life in prison without the possibility of parole. True or False 8. Your driver’s license must be suspended if you are convicted of racing on highways and streets. True or False 9. You can be convicted of Armed Robbery even if the gun is not real. True or False 10. Certain criminal convictions could make you ineligible to receive a Hope Scholarship for college. True or False
  • 15. Domestic Violence Law (f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows: (1)Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; and (2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.
  • 16. To “Hit A Lick” 16-8-41. Armed Robbery; Robbery By Intimidation (a) A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery. (b) A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.
  • 17. Ten Years vs. One Month The Cost Of Hitting A Lick The Slow But Safe “Grind” $1,000 = 10 years $6.25 an hour job 10 years = 3,650 days 40 hours a week 3,650 days = 87,600 hours 4 weeks (1 month) you will 87,600 incarcerated hours for earn $1,000 $1,000 = $.011 (1 penny an hour)
  • 18. Would you buy a $500 TV for $6,872 plus 1 year in jail? The Cost Of Kicking a Door The Slow But Safe “Grind” $500 (Flat screen pawned) $6.25 an hour job 4 years probation $39 a 40 hours a week month= 2 weeks you will earn $500 $1,872 Attorney’s fees - $4,000 Fines- $1,000 1 year in Prison= “Priceless”
  • 19. Expungement Law O.C.G.A. § 35-3-37 provides a method of expunging an arrest record…this statute generally provides that a person is entitled, on request, to expungement if charges have been dismissed, dead docketed, or nolle prossed unless certain facts are present. O.C.G.A. § 35-3-37(d)(3) provides that an individual's record may be expunged "if the prosecuting attorney determines that the following criteria have been satisfied: (A) The charge was dismissed under the conditions set forth in paragraph (1) of this subsection; (B) No other criminal charges are pending against the individual; and (C) The individual has not been previously convicted of the same or similar offense under the laws of this state, the United States, or any other state within the last five years, excluding any period of incarceration."
  • 20. Too Fast & Too Furious?  Under Age 21 If you are under 21 years of age in Georgia and convicted of committing any of the following offenses, your Georgia driver's license will be suspended: Serious Traffic Violations (Non-DUI) (1) Homicide by vehicle; (2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; (6) Fraudulent or fictitious use of or application for a license;  If you are under 18 years of age, an accumulation of 4 or more points within a twelve month period will result in a suspension of your Georgia driver's license for at least six months.  If you are 18 but under 21, any violation of 4 or more points will result in a license suspension for at least six months.  If you are 21 or older and accumulate 15 or more points in any consecutive 24 month period, your license will be suspended for one year.  Aggressive driving ......................................................................................... 6 points Reckless driving ............................................................................................. 4 points Unlawful passing of a school bus ................................................................... 6 points Improper passing on a hill or a curve ............................................................. 4 points Exceeding the speed limit by more than 14 less than 19 miles per hour ....... 2 points Exceeding the speed limit by 19 but less than 24 miles per hour .................. 3 points Exceeding the speed limit by 24 but less than 34 miles per hour .................. 4 points Exceeding the speed limit by 34 miles per hour or more .............................. 6 points Disobedience of any traffic-control device or traffic officer ......................... 3 points Too fast for conditions ................................................................................... 0 points Possessing an open container of an alcoholic beverage while driving .......... 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident .. 2 points Violation of child safety restraint requirements, first offense ......................... 1 point Violation of child safety restraint requirements, second or subsequent offense ..... 2 points All other moving traffic violations which are not speed limit violations .......... 3 points
  • 21. Is BMF a Rap Group or a National Drug Gang?
  • 22. “Hey mom I am in a rap group (gang)”  In Georgia, a Criminal Street Gang is defined as: any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity.  Existence of “Criminal Street Gang” can be established by:  1) Common name  2) Identifying symbols, signs, tattoos, graffiti, and attire