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Judge Wants Prisons To Recognize 5 Percent Nation Of Islam

Written by News One on September 9, 2009 9:27 am

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Is the Nation of Gods and Earths/Five Percent a religion or something less than heavenly?

A federal judge in Detroit is recommending the Michigan prison system recognize it as a religion and lift a ban on the group’s literature among inmates.

An inmate, Dion Hardaway, said he lost work and school privileges and was designated a security threat until he renounced his membership in the group, an offshoot of the Nation of Islam that promotes black empowerment.

“This is the type of substantial burden that Queen Isabella would have understood in 1492,” U.S. Magistrate Judge R. Steven Whalen wrote, referring to the expulsion or forced conversion of Jews to Christianity in Spain.

Whalen said prison security is a “compelling state interest,” but he found no evidence that Nation of Gods advocates violence.

His Aug. 18 recommendation is on the docket of U.S. District Judge Avern Cohn. The Michigan Department of Corrections considers the group a gang and wants Cohn to reject the report.

“The beliefs of the NGE are philosophical rather than religious. NGE describes itself as a ‘way of life,’ not a religion,” Assistant Attorney General Kevin Himebaugh wrote.

To help its argument, the state turned to G.V. Corbiscello, an investigator with the Monmouth County, N.J., sheriff’s office. He was involved in the prosecution of a rapist in Philadelphia who used coded language known by members of the Nation of Gods to try to escape from custody.

“It is this writer’s professional appraisal that the Five Percent Nation is essentially a criminal street and prison gang,” he said in a report.
But Whalen said Corbiscello addressed the issue only from one angle: law enforcement.

“History is replete with examples of religions that have followers who embrace both the sacred and the profane,” the judge wrote.

Corrections Department spokesman Russ Marlan said he didn’t know how many Michigan inmates identify themselves with the Nation of Gods.

A Web site, http://www.allahsnation.net, promotes spiritual awareness and self-improvement, among other themes — “not social disruptiveness,” Whalen said.

He acknowledged that Nation of Gods eschews the term “religion” but said the group is “religious in nature” and deserves the protection of federal law in Michigan prisons.

In South Carolina prisons, the group is considered a security threat and its literature is banned. After a lawsuit, New York state in 2004 set policies for Nation of Gods followers, allowing personal study but banning prisoners from sharing materials with any inmate who is not signed up as a “sincere adherent.”

Tags: Islam, Jail, Legal System, Prison
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  • http://www.blackplanet.com/fnyclightskin/ fnyclightskin

    GOOD for them!.. they are a religion!

    Funny how everyone is classified by how one behaves.. There are tons of different gods and earths out there.. From Professionals.. to your average person.

  • http://www.blackplanet.com/Jeffrey1975/ Jeffrey1975

    Maybe I am biased or ignorant to a person’s life in prison but why get religion after you did the crime? I think and forgive me for saying this but I think all types of religion should be banned in the penal system. No tv, no relaxing, just hard labor and piss poor food for those that deserve it.

  • http://www.blackplanet.com/The_DON35/ The_DON35

    I guess their is no such of a thing as forgiveness,Helping your fellow man,Etc all people have the right to believe what they choose to, Just like we have the right to vote,I defended those rights for 20yrs of my life & don’t reget it one bit.But you know jeff maybe if it was you in that situation your song would be totally different. Or have you forgotten the trials of our grandparents in the 50s & 60s. Give up your rights and then lets talk!!!!!!!!!!

  • http://www.blackplanet.com/blacktino007/ blacktino007

    Prisoners should have NO rights other than basic human rights. Prison is too soft. Period.

  • http://www.blackplanet.com/MartinX4u/ MartinX4u

    The truth is that the five percent nation did not come from the Nation Of Islam It came from the same place the Nation Of Islam did the Moorish Science Temple Of America start by the the Prophet Noble Drew Ali anytime that people of color stand united the white man finds out whom is educating them and where the knowledge has come from so he can stop them from uplifting themselves when ever the white man can’t take or make you be stupid then he calls you ” Hostile ” like those hostile Indians that fought against them from taking their land. love, peace and study Mr. Marlon D. Martin-Bey

  • http://www.blackplanet.com/Tried-N-True/ Tried-N-True

    If JEWS, CHristians, Muslims etc can have their religion recognized in prison,: WhY not the 5%ers…? I am surprised at the what some of the Black people think and write under the jurisdiction/brainwashing of their white masters…..Do you all forget we led the world in religios tolerance? DO you forget the white slave masters BEAT our religion(s) out of us? As I am fond of saying: “BLACK” history has been “BLACKED OUT”……

  • http://www.blackplanet.com/XL_611/ XL_611

    The issue is with the promotion of materials, not the practice of a given religion. Prison officials have not a right but an obligation to ensure order is maintained. So, groups and their materials which promote activities which counter intend that obligation, will be banned. And should be.

    Prisons are very dangerous places unless very strict rules are adhered to and allowing people in who promote violence should be and are suspected of promoting such within the walls of the institution. They have no right to be in the institution and you have no right to visitors of any sort, unless they are viewed as those who willingly conform to strict standards of conduct.

    The complaint is not one where officials conclude that by adopting certain beliefs, one will adopt certain behaviors. It is one where certain behaviors are required by adherents and those behaviors are dangerous to others…..

  • http://www.blackplanet.com/cwm299/ cwm299

    Respect their statements, they do not say they are a religion, so do not recognize them as a religion.

  • http://www.blackplanet.com/2-fyne-4-words/ 2-fyne-4-words

    I feel it is a gang just like blood, when i went up top i was not recognized as a religion. i am a gang member, i feel 5% represent hate toward the white man. i dated a 5 % there rules seem to be a bit off, such as no contact with a swine eater. what is that ? i ate a peach ring and my ex could not be by me for 5 days ??? its a gang they hurt ppl to help there organization point blank if my nation is a religion then so should 5% B Z UP ALL DAY DESPERADO MILITANT GENERAL

  • http://www.blackplanet.com/SoularFlarez/ SoularFlarez

    the prison industrial system, which is BIG BUSINESS…. is afraid that ‘Detroit Red’ might turn into Malcolm X

  • http://www.blackplanet.com/SELF_DA_GAWD/ SELF_DA_GAWD

    WELL BEING A SO CALLED 5% MYSELF. I KNOW THAT WE ARE NOT A GANG, 2-FYNE-4-WORDS WE DO NOT HATE THE WHITE MAN, WE ARE NEITHER ANTI WHITE NOR PROBLACK WE ADVOCATE TRUTH AND RIGHTEOUSNESS AND THE TRUTH HAS NO SKIN COLOR I DONT NOT JUDGE YOU BASED ON YOUR APPEARANCE I JUDGE YOU ON YOUR ACTIONS. WE ARE NOT A RELIGION, WE ARE A WAY OF LIFE THAT TEACHES BLACKMEN AND WOMEN TO SEE BEYOND COLOR BEYOND APPEARANCE BEYOND JUST THE SURFACE AND TO TAKE RESPONSIBILITY FOR YOUR ACTIONS. YES SOME OF US DO HAVE RUN INS WITH THE LAW BUT WHO DOESN’T IN ANY RELIGION OR PHILOSOPHY. IF YOU DO THE RESEARCH JESUS AND MUHAMMAD AND OTHERS WERE PERSECUTED BY THE RULING SYSTEM OF THE DAY. THESE JUDGES AND PROSECUTORS OF THIS DAY AND AGE SAY THAT THE 5% NATION ARE GANG MEMBERS BUT THEY ROMANS SAID THAT ABOUT THE EARLY CHRISTIANS, THE MUSLIMS PERSECUTED THE CHRISTIANS IN THE CRUSADES, ALL BECAUSE THEY DIDNT AGREE WITH THEIR IDEALS AND MADE THEM OUT TO BE A GANG OR A GROUP OF REBELIOUS PEOPLE AND OUTLAWED THEM. PEOPLE (SOCIETY) NEEDS TO LOOK BENEATH THE SURFACE INSTEAD OF JUDGING PEOPLE BY THE FEW BAD APPLES THAT THEY HAVE HEARD OF OR SEEN. EVERYONE REGARDLESS OF RELIGION OR PHILOSOPHY HAS BLEMISHES, BUT YOU CAN’T JUDGE ALL BY THE FEW THAT MAY NOT EVEN UPHOLD THE VALUES OF THAT PARTICULAR IDEAL.

  • http://www.blackplanet.com/XL_611/ XL_611

    And actually I somehow forgot the first part of the story where an inmate was forced to renounce membership in the group. That I’m afraid,is beyond the bounds of constitutional law. They have the right to regulate what materials you read and who you see, but not what you believe.

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