During this presentation William K. Boddie of Atlanta's Boddie Law Group, LLC made at the Black Male Empowerment Summit held at Georgia State University in 2010, Attorney Boddie helps black youth understand their legal rights and the implications of certain behaviors.
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
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."
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
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