Near the beginning of this month I went to one of the blogs I read semi-regularly, Dispatches from the Culture Wars, when I saw a new post up with the same title this topic is now using. After reading it, I went to the library and checked out the book that had prompted the article. I finished reading the book about two weeks ago, but after thinking about it and talking to some people (<3 Kab) about the posts, I thought I should post them since I imagine some of you might find them as eye-opening as I did - and I suspect for some people much more so:
There are four parts in total to the series; that is just the first part. The other parts have other statistics and depressing information as well (these are just excerpts and not complete quotes, for clarification):
Links:
http://freethoughtblogs.com/dispatches/2012/03/01/americas-racist-criminal-justice-system/
http://freethoughtblogs.com/dispatches/2012/03/14/americas-racist-criminal-justice-system-part-2/
http://freethoughtblogs.com/dispatches/2012/03/16/americas-racist-criminal-justice-system-part-3/
http://freethoughtblogs.com/dispatches/2012/03/19/americas-racist-criminal-justice-system-part-4/
I am finishing up Michelle Alexanders book The New Jim Crow and find myself absolutely appalled. I have been writing about the many injustices in law enforcement and the courts for nearly a decade. I thought I knew how bad it was. But some of the statistics and court rulings in this book have shocked even me.
She writes about the case of Christopher Lee Armstrong, who was arrested in 1992 on charges of conspiracy to distribute more than 50 grams of crack cocaine. The prosecutor decided to try Armstrong in federal court, where the penalties were much higher than in state court, and the federal public defenders who handled his case found it remarkable that they had never seen a single case of a white defendant in a case involving crack tried in federal court. Over the previous three years, they had handled 53 such cases; 48 of the defendants were black, 5 were Latino. None were white.
We have the perception in this country that powder cocaine is a drug used primarily by white people, while crack cocaine is used primarily by black people. That perception is false. In fact, there isnt much of a difference in the rates of buying and selling crack between the different racial groups. Yet blacks are arrested at a far higher rate than whites for possession and selling of crack. And thats just the beginning of the problem. Once arrested, black defendants are far more likely to be charged, convicted and sentenced to prison and infinitely more likely to be sent to federal court rather than state court for longer sentences. In fact, the government in that case submitted a list of more than 2,000 crack cases in federal courts over a three year period. All but 11 of them were black; not a single one was white. Not one.
Yet the courts ignored all of this, and refused to allow Armstrongs attorneys to file a subpoena for records from the prosecutor that would allow them to show a pattern of racial injustice through the patterns of which cases were sent to federal court and which to state court. In 1996, the Supreme Court ruled that the prosecutors did not have to make any evidence available to the defense, concluding that courts must show great deference to prosecutors in how they go about their business, even in the face of such staggering statistical evidence of bias, whether conscious or unconscious.
This is quite similar to the way the government handles standing in warrantless wiretap cases, with this shell game that requires someone to prove that they were the target of illegal surveillance before they have standing to sue over it but they arent going to tell you that, so you cant prove it. In this case, the court demands that the defendants prove the very thing they are requesting data to help them prove. Heads the government wins, tails you lose. Actually, we all lose. Our criminal justice system is broken from top to bottom.
There are four parts in total to the series; that is just the first part. The other parts have other statistics and depressing information as well (these are just excerpts and not complete quotes, for clarification):
Part 2 said:A study of stops by the New Jersey State Police on the New Jersey Turnpike, for example, found that 15% of the drivers on the turnpike were minorities, but blacks were 42% of those stopped for a traffic violation and 72% of those subsequently arrested despite the fact that blacks and whites were equally as likely to be violating traffic laws at the time. 77% of all searches were of minorities. A similar study in Maryland found that 17% of drivers on a major highway were black, but 70% of those stopped and searched were black. For minorities on the whole, they constituted 21% of all drivers but 80% of those who were stopped and searched.
But heres the even more important finding. In both of those studies, whites who were pulled over and searched were actually more likely to have illegal drugs or contraband in their vehicles. In New Jersey, whites were twice as likely to be found with illegal drugs or contraband than blacks and five times more likely than Latinos. The same thing held true in Maryland. So even though white drivers were far more likely to be caught breaking the law if stopped and searched, black and Latino drivers were far, far more likely to be pulled over by the police.
Part 3 said:In Detroit, for instance, there are five part-time public defenders who handle an average of 2,400 cases a year. They cant spend even one day on a trial, much less spend the time preparing for it, interviewing witnesses, preparing briefs and motions, and so forth. So their goal is to push people through as quickly as possible.
[...]
More than 90% of all criminal cases result in a guilty plea and never go to court as a result, even if the person is innocent. Were talking about hundreds of thousands of people every year.
Part 4 said:When you get out of jail, your odds of finding a job are dramatically reduced by having to check the box on the application that says youve been convicted of a felony. Want to go to college? You are now ineligible for Pell grants and other forms of tuition assistance. You cant support yourself, but youre also now ineligible for many forms of public assistance, including public housing and, in many states, even food stamps. You may not even be allowed to vote for a number of years, or ever, depending on the state youre in.
On top of that, youve probably got a huge bill from the state or county stemming from your stay in jail fees paid to the public defender office and the courts, per diem charges from the jail, fees paid to the parole officer for keeping track of you. And if you cant pay them, you can be rearrested for failing to live up to the terms of your probation and thrown back in jail to start the whole process over again. You could hardly design a more perfect system for creating a permanent underclass that is shut out of society, herded into ghettos and prevented from ever improving their lives. This is what Michelle Alexander calls the New Jim Crow.
And it doesnt even have to be motivated overtly by racism. There are built in incentives that push the actors at every level in the same direction to maintain that caste system. Police departments qualify for federal grants by increasing the number of people arrested for drugs, so the focus isnt on the kingpins but on arresting as many of the low level users and dealers as they can. Prosecutors are elected and they get reelected by pumping up their conviction rate, giving the incentive to get guilty pleas whenever possible. Everyone is acting in their own rational self-interest, even if they arent motivated by racism.
Links:
http://freethoughtblogs.com/dispatches/2012/03/01/americas-racist-criminal-justice-system/
http://freethoughtblogs.com/dispatches/2012/03/14/americas-racist-criminal-justice-system-part-2/
http://freethoughtblogs.com/dispatches/2012/03/16/americas-racist-criminal-justice-system-part-3/
http://freethoughtblogs.com/dispatches/2012/03/19/americas-racist-criminal-justice-system-part-4/