ERACISM
Minute 9/30/18
Good
morning! I’m Lauralee Carbone here with an ERACISM Minute, a minute
of consciousness-raising from the BUF Black Lives Matter Ministry
Action Team’s program. I’m going to talk about the color of
justice, prosecutorial power, and your opportunity to make a
difference with your vote for local prosecutor in the upcoming
election.
The
following information is from the book, THE NEW JIM CROW, Mass
Incarceration in the Age of Colorblindness, by Michelle Alexander.
The
legal rules governing prosecutions, like those that govern sentencing
decisions, maximize rather than minimize racial bias. No one has
more power in the criminal justice system than prosecutors. The
prosecutor is free to dismiss a case for any reason or no reason at
all, regardless of the strength of the evidence. The prosecutor is
also free to file more charges against a defendant than can
realistically be proven in court, so long as probable cause arguably
exists. Whether a good plea deal is offered to a defendant is
entirely up to the prosecutor. And if the mood strikes the prosecutor
can transfer drug defendants to the federal system, where the
penalties are far more severe. Juveniles can be transferred to adult
court, where they can be sent to adult prison. The most remarkable
feature of these important, sometimes life-and-death decisions is
that they are totally discretionary and virtually unreviewable.
Immunizing
prosecutors from claims of racial bias and failing to impose any
meaningful check on the exercise of their discretion in charging,
plea bargaining, transferring cases, and sentencing has created an
environment in which conscious and unconscious biases are allowed to
flourish. At virtually every stage of pre-trial negotiation, whites
are more successful than nonwhites. Blacks are more than six times
as likely as whites to be sentenced to prison for identical
crimes. In our state of Washington, a review of juvenile sentencing
reports found that prosecutors routinely described black and white
offenders differently. Blacks committed crimes because of internal
personality flaws such as disrespect. Whites did so because of
external conditions such as family conflict.
With
such prosecutorial power and the tendency toward bias against
non-whites, it’s important to examine the prosecutor candidates’
records, views and awareness of systemic racial bias. Please vote
with social justice in mind this November!