By Cristobal Villegas
Introduction
The United States of America in 2021 is the result of the decisions of past political leaders, resurgent social movements, and the creation and interpretation of laws. Whether you prefer the starting line to be 1619 or 1776, the nation the United States is today is greatly influenced by those of yesterday.
In 1789, James Madison proposed the Bill of Rights the the House of Representatives. Although the pivotal events that the United States would eventually face in the coming decades and centuries was most likely not in the mind of James Madison, he spoke to those in attendance with much vigor and compassion, especially to the Representatives in the room from the hesitant states that showed reluctance in supporting the proposed Constitution, "We ought not to disregard their (the gentlemen from the reluctant states) inclination, but, on principles of amity and moderation,... declare the the great rights of mankind secured under this constitution." [1] Although Madison expresses the equal benefit that all parties will receive from the passing of the Amendments, Madison emphasizes the need "to provide those securities for liberty which are required by a part of the community" as the "stronger motive" in persuading the hesitant. [2] By ensuring those with different interests are heard and included in the inception of the United States, the part of the community that was reluctant would eventually reunite.
Such a commitment in ensuring that a part of the community is recognized and given their chosen liberties feels lost in 2021.
Statistic
According to The Sentencing Project, in 2019 there were 2,185,008 people in prison and jail. For every one (1) white person imprisoned, there are about five (5) (4.8 to be exact) black people along with them. In Utah, there are about eight (8) black people imprisoned to one (1) white person. [3] The over-representation of incarcerated black folk must be put into context, as it is anything but a coincidence that the present racial disparities within the criminal justice system are the way they are. A 2018 publication by The Sentencing Project reports on the racial disparities in the American criminal justice system, "African Americans are more likely than white Americans to be arrested; once arrested, they are more likely to be convicted; and once convicted, and they are more likely to experience lengthy prison sentences." [4]
One can seek to blame the racially minoritized people and their actions for their respective predicament, however such an explanation is devoid of actual evidence and data, historical context, and social factors such as class. Although a concrete cause of the present racial and socioeconomic inequalities have not been solidified, black defendants are treated more harshly throughout the criminal justice system, including key points such as arrest, plea bargaining, jury verdicts, sentencing, and death penalties. [5]
Real-World Consequences
This takes us to the exoneration of the Groveland Four that occurred this week, as Florida officially cleared the four young black men wrongfully accused of raping a 17-year-old white girl in 1949, more than 70 years later. [6] Although none of the four men are living, the living family members and their attorneys share the racial bias against the men by stating that "the evidence strongly suggests that the sheriff, the judge and the prosecutor all but ensured guilty verdicts in this case." [7]
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| From left, Vivian Shepherd, a niece of Samuel Shepherd; Gerald Threat, a nephew of Walter Irvin; and Carol Greenlee, Charles Greenlee’s daughter, at a monument at the Old Lake County courthouse in Tavares, Fla., in 2020. |
Another story with a timely update is the pardoning of the “Martinsville Seven.” Seven young black men were executed in 1951, all by electrocution. Although the pardons were not necessarily for the placement of culpability, the Governor of Virginia gave the reasoning behind the pardon by explaining that the men “were tried without adequate due process and received a racially biased death sentence not similarly applied to white defendants.” [8]
Although these unfortunate applications of US law occurred over 70 years ago, racial disparities in death sentences and executions continue to persist into 2019. [9] Back in 1987, even the United States Supreme Court at the time recognized the harsher application of death penalties and death sentences toward black defendants. [10] (Check out number 4 in the "Further Readings and Resources" to learn more about the national and regional repercussions of the McCleskey v. Kemp case)
Optional Questions:
How can the concerns of a racialized "part" of the community be reconciled with a judicial system shaped, in-part, by racial bigotry?
Race is a social construct with real-world consequences, how can the criminal justice system be more fair to a person regardless of phenotypical characteristics?
Should justice be color-blind?How have you witnessed the criminal justice system be race-neutral? How have you seen it race-conscious?
How can existing social structures perpetuate unequal and unjust treatment of racialized people?
What can you do to reduce the harm caused by negative bias based on race?
Sources:
Further Readings and Resources:
2. Race and the Jury: Illegal Discrimination in Jury Selection (website) (pdf)
3. Racial Representativeness of Juries: An Analysis of Source List and Administrative Effects on the Jury Pool (pdf)
4. RACE AND PROPORTIONALITY SINCE MCCLESKEY V. KEMP (1987): DIFFERENT ACTORS WITH MIXED STRATEGIES OF DENIAL AND AVOIDANCE. David C. Baldus et. al., Race and Proportionality Since Mccleskey v. Kemp (1987): Different Actors with Mixed Strategies of Denial and Avoidance, 39 Colum. Hum. Rts. L. Rev. 143 (2007)
5. Comparative Review of Death Sentences: An Empirical Study of the Georgia Experience, Baldus, D. Pulaski, C. Woodworth, G. Fall 1983. Journal of Criminal Law and Criminology. Vol 74 Issue 3 Fall Article 2. (link to pdf)
