ohiobucks1;1538293 wrote:1. There are a lot of statues in the criminal law system that were made with racist undertones and in effect have really hurt the black community more than other minority communities (drug laws, weapon laws, different criminal statutes such as judges abilities to determine sentencing)
Undertones are often nearly impossible to substantiate. As for the drug laws, weapon laws, and judges' ability to determine sentencing, what is it about those laws that make them racially unequal?
ohiobucks1;1538293 wrote:2. There have been some proven biases in our Criminal Law system to put blacks behind bars for longer terms than whites for comparable crimes.
Bias implies intent. As such, how have these biases been proven, and where?
Keep in mind that correlation does not prove causation.
ohiobucks1;1538293 wrote:3. There has been some recent problems where Blacks are convicted of crimes for the same exact offense as whites who are not convicted (mostly rape and murder cases) by judges and juries alike.
The actions of a particular judge don't establish the racial inequality of the law itself. Moreover, no two cases bear identical circumstances surrounding the crime. As such, the two charges being similar doesn't necessitate that the two cases, and the details surrounding them, are able to be compared.
ohiobucks1;1538293 wrote:I actually just had a murder row exoneree come talk to my class the other day... He was 6'4 220 and was convicted of rape even though the victim said her culprit was 5'9...It wasn't until they did DNA evidence that he finally got off. It happens still, as much as we want to ignore it.
Obviously someone dropped the ball, as 6' 4" is a pretty noticeable height. Were there other circumstances (fingerprints, etc?). Either way, was the conviction racially motivated, and if so, how was that determined?
ohiobucks1;1538293 wrote:p.s if you are interested at all about death row exonerations (which a lot of the time are black men freed by DNA testing), go here:
http://www.oneforten.com/
I tend to not be a big fan of the death penalty anyway, and it's good that innocent people are being freed. I'm not sure how that is racial, though.
ohiobucks1;1538293 wrote:It's crazy to me, but somehow there are stats out there that say that 1/4 of all death row inmates have been wrongly convicted...
I'm not surprised. As a general rule, I think people, at large, are not thoughtful and intellectual enough to weigh facts over rhetoric and sound bites. I don't have a whole lot of faith in "a jury of my peers." I suppose the use of such a jury could be said to enable racism within the courtroom. If there are racists on the jury, they could certainly pollute the whole.
ohiobucks1;1538293 wrote:Many of those were due to juries who automatically believed a white person over a black on trial and ignored a preponderance of the evidence
How do we know it was race that was the determining factor? Isn't it possible that race could have been circumstantial and the people were either stupid or were trusting or untrusting more by a person's demeanor or personal presentation than his or her skin color?
Make no mistake, I think racism exists plenty in this country. However, I don't think an absence of evidence or explanation should default to racism if the circumstances make it part of the plausibility structure. I don't think reality shows us racism popping up from under every rock. Just because a racist motivation is POSSIBLE, that doesn't mean we have any reason to believe it is KNOWABLE.