American Justice System Not Just for African-Americans

It’s hard for me to believe in the justice system in America.

The jury system has its good points, but juries have been wrong so often. I cannot shake the hunch that Troy Davis, executed last year, was innocent, but because a jury found him guilty, his fate was sealed. Before he ever got to the jury, though, he was a target in this American justice system which too often hones in on African-American males as “the” people who are always guilty, always to be wary of.

All one has to say is an African-American did something, and the “justice” system buys into the accusation. In the case of Trayvon Martin, George Zimmerman’s claim that he acted in self-defense, despite the apparent evidence that he approached (stalked!) Trayvon, has resonated with people who are all too willing to too easily throw the book at African-Americans, throw them into jail, and throw the key to the jail away.

So many African-Americans, falsely accused or rightly arrested, are at the mercy of public defenders who too often seem not to care about the fate of their clients.Of course, many young offender, or those accused of offenses, do not help themselves by appearing in court dressed in sagging pants, bling, and other pieces of apparel that feed into stereotypes of who African-Americans are and what African-Americans do.

Everybody knows that it’s easy to get off, or at least get attention deflected from oneself, by pointing a finger at an African-American. Charles Stuart, the man who killed his pregnant wife and then blamed an anonymous black man, knew that, as did Susan Smith, the mother who drowned her two children but lied to the public, saying black men had done something to her children.

The fact of the matter is that, in America, we are still shackled by our past, our rabid, racist past, which will not go away. This country has been successful in setting up the prototype of the “bad black man,” and that image is a part of everybody’s psyche, black and white.

So, when a black and white person are in a skirmish, as in the case of Trayvon Martin and George Zimmerman, in spite of what appears to be pretty clear-cut evidence that Zimmerman approached Martin, there is this huge pool of doubt that this young, 17-year-old African-American youth could have possibly been pure as the driven snow. George Zimmerman’s claim that he acted in self-defense feeds into the fears of too many, that another “bad black person” acted up again. The media has quietly changed the picture of Zimmerman and Martin, Zimmerman’s from a person in an orange jump suit, looking kind of mean, and Martin looking quite innocent, in a tee-shirt, to Zimmerman, smiling, in a suit and Martin in a wool skull-cap, no smile evident.

It is the feeding of racism and racial stereotypes. Zimmerman has been given a bad rap, supporters say.

Never mind that if Zimmerman had been black, and Martin, an unarmed white teen, that the story would be different. Zimmerman would have been arrested on the spot, charged at least with second degree murder, maybe even first degree murder. There would have been no credence given to a claim of self-defense, cuts on head notwithstanding. And there would have either been high bail – maybe $500,000, or no bail, not this paltry $150,000 amount set by the judge today.

At the end of the day, the American justice system has its strengths, but when it comes to treating African-Americans justly, it falls very short, and always has, with few, yet important exceptions. Just today, Judge Greg Weeks of Fayetteville commuted the sentence of Marcus Robinson to life imprisonment, saying that racial bias played a part in the severity of his sentence. Robinson was accused and convicted of killing a white man.

Those types of “admission” of racism within our justice system, however, are few and far in-between. African-Americans still cannot find peace or assurance that within our justice system, they will in fact find justice.

A candid observation …

The Problem With America and Race

America, “methinks thou dost protest too loudly.”

The quote, from Shakespeare’s “Hamlet,” has been resonating with me all week.

As the Trayvon Martin case continues to be covered, with an emphasis on the possibility of his death being a hate crime, many people have protested – loudly and vehemently – that it is nothing of the sort.

Trayvon’s shooting may or may not have been racially motivated, but as I have thought about race in America this week, the thought has recurred to me that America doesn’t understand why race IS always an issue for us.

It is because, in the most simple terms, an issue of trust. Black people, African-Americans, do not trust white America. African-Americans do not trust the actions of white America or the intentions of white America. The relationship between the two races is one of suspicion based on evidence-based actions of white America which have worked to the detriment of African-Americans.

If we take it out of racial terms for a minute, and just look at the two races as two entities in relationship, we can see that the relationship has been “broken” from the beginning, in spite of absolutely glorious documents establishing America as a democracy. From the beginning, white America made it clear – and exercised its power to enforce its clarity – that they believed African-Americans were inferior and unworthy of receiving rights guaranteed to all Americans by this country’s Constitution.

America’s blacks and whites are like a married couple in trouble, where one has continually abused the trust of the other and the other has developed coping behaviors to deal with the constant disrespect shown. In spite of efforts, some honest and some paltry, to fix the relationship, the dishonesty in behavior and intentions on the part of the “cheating spouse” has continued, and so the relationship between the two parties has continued to disintegrate.

As in many relationships where one has been unfaithful (in this case, white America being unfaithful to the ideals of liberty and equality espoused by the Constitution), the one who has done the cheating has the burden of doing whatever he or she can to regain the trust of the partner who has been cheated on. Counselors will tell cheating partners that if he or she wants the relationship, he or she will have to be willing to do whatever is necessary to mend the bonds of broken trust.

Many partners cannot handle the process of building or rebuilding trust. The partner who has been cheated on is OK for time, but the slightest deviation in word or action on the part of the cheating partner will bring back painful memories, the process of rebuilding has to begin all over again.

Only those relationships where the cheating partner is willing to take the crying, the complaining, the fear, the anger, and the resentment at having been disrespected until a healing takes place, survive.

When it comes to white and black America, the relationship has never healed, and in fact, white America has too often continued to abuse the relationship between the two races by practicing discrimination and enacting policies that continue to belie a sincere desire to heal the relationship.

Dr. Martin Luther King spoke of the “disillusionment of Negroes” in his book Why We Can’t Wait, written in the mid 1960s. African-Americans, he wrote, struggled and fought for desegregation of public schools, because the quality of education in white schools, as opposed to black schools, was so disparate. “Separate but equal” was an unreality, and all African-Americans wanted, he explained, was a level playing field in the area of education so that African-American children would have the same possibilities for latching onto the American dream as did white children.

Much of white America, however, resented the historic Brown vs. Education ruling by the United States Supreme Court, and at the time of the writing of Why We Can’t Wait, ten years after the decision, many schools had not been integrated because white educators and legislators were still finding loopholes in the laws requiring integration. Integration was supposed to happen “with all deliberate speed,” the High Court had ruled, but its words were ignored…and no court, no legislature, did anything about it.

King wrote that “the Supreme Court retreated from its own position by giving approval to the Pupil Placement Law…which permitted the states themselves to determine where school children might be placed by virtue of family background, special ability and other subjective criteria.” (italics mine)

Though there was verbal non-support of discrimination in housing and employment during the Kennedy administration, Dr. King wrote, the fact of the matter was that government, state and local, continued to allow discrimination under the mantra of “states’ rights.” King correctly observed that though the Emancipation Proclamation had been a signed at that time 100 years before the time in which he wrote, there had been little true freedom for African-Americans.

What is there to trust in this relationship between the American government and its African-American citizens?

The pattern of the government saying one thing, yet supporting and permitting just the opposite, then, eroded the capacity of African-Americans to trust this same government. Perhaps the heart of America and its general disdain toward African-Americans can be found in the fact that the federal government never passed an anti-lynching bill. In the area of justice shown toward African-Americans, the country’s record was dismal, and continues to be. Not only black, but brown and poor people have little chance of experiencing the full majesty of America’s justice system.

And yet, white America expects African-Americans to “be happy and content.” The breach of trust is never spoken of or acknowledged, and the patterns of discrimination continue, in spite of our Constitution.

Though people like GOP presidential hopeful Rick Santorum carry the belief that “black people are spending other people’s money,” the fact is that the majority of African-Americans have pushed through the system, the laws and the governments which have done all they can to keep them in second-class citizen status. In spite of discrimination in hiring, housing, lending, education and justice, African-Americans have pushed through and made their own way in a country which has tried at every step to block that way.

But it is unfortunate, the relationship between blacks and whites. The trust is not there, and no attempt is being made to build or establish the trust. Those who have been “cheated on” in a relationship supposedly built on trust can recall, I am sure, their discomfort with their partner after “the breach.” The desire to continue on has been there, but has been made all the more difficult by this breach …and if the offending partner has not only not apologized but has continued to repeat the offending behavior, repair of that relationship is almost certainly not going to happen.

Perhaps if there were a national counseling initiative, a “truth and reconciliation” effort like that done in South Africa, the lack of trust might be addressed and workable solutions found…but as things stand, the relationship between blacks and whites is toxic and volatile. There is no way, as we have heard during the debacle called the Trayvon Martin case, that black people are going to “trust the system” and be willing to “let the system work.”

Our experience has been that “the system” does not and has not intention of, working for us, not without behemoth effort and push back from a system that seems to be filled with people who resent African-Americans even being in this nation. African-Americans have tasted the cup of injustice, over and over again, and its bitter taste remains in our spirits.

If there is no trust, there can be no relationship, not between two individuals, not between nations…and not between two races, these two races, called black and white.

A candid observation …

Making it In Spite of and Not Because Of

Lincoln Submitting the Emancipation Proclamati... — Lincoln Submitting the Emancipation Proclamation to His Cabinet (Photo credit: Marion Doss)

Martin Luther King wrote in 1964 that although President Abraham Lincoln signed the Emancipation Proclamation and the Civil War had been won for the Union, “there was not a just peace. Equality had never arrived.”

And still, equality hasn’t.

King, in his introduction to Why We Can’t Wait wrote that “Negroes were with George Washington at Valley Forge…the first American to shed blood in the revolution which freed his country was a black man named Crispus Attucks.” King wrote that one of the team who designed the capital of this nation was a black man, Benjamin Banneker…”

“Wherever there was hard work, dirty work, dangerous work – in the mines, on the docks, in the blistering foundries – Negroes had done more than their share…”

And still, no justice, and little respect.

There can be little doubt, as we watch the goings on in the Trayvon Martin case, that the struggle for African-Americans to get justice in this country is still not over. In this particular case, race is not the only issue; Florida’s “stand your ground” law is equally culpable in having created the mess with which the Martin family is facing. Yet, there is a seething rage among blacks and an uncomfortable acknowledgement among whites that if the shooter had been black, and the victim white, the story unfolding would be vastly different.

I have long come to understand that blacks have made the gains we have in this country not because this is America but in spite of the fact that this is America. The presence of structural and institutional racism, even in the absence of stark and obvious racism, has made every step African-Americans have taken very difficult, and yet, African-Americans have pressed on. We have used the United States Constitution even though that document was never meant to secure or guarantee our freedoms or even our right to be here.

The parents of Trayvon Martin are to be commended, because they are standing on their constitutional rights and are demanding justice. Interestingly, even when the United States Supreme Court has made rulings that should have made life easier and more just for African-Americans, there has been concerted effort to delay honoring the high court’s ruling; after Brown vs. Board of Education, many white school districts closed their schools rather than integrate.

Yet, African-Americans pressed on for justice, just as Trayvon’s parents are pressing on.

It would be such a relief if these types of struggles were over. It would be such a relief if race didn’t still have a seat front and center in so much of American life, but it does, and we refuse to acknowledge her presence and her power in our society.

Kudos to Trayvon Martin’s parents, who refuse to give up. When everyone takes off their hoodies, I only hope that they don’t abandon their determination to make sure race-based injustice doesn’t continue to be a staple of American life. It is so past time for our story to change.

A candid observation …

Dr. King and the Trayvon Martin Case

This week, as I listened to different people, primarily white, urge people to “trust” the justice system, and to “wait” for the justice system to work in the Trayvon Martin case, I found myself wanting to cover my ears from the din of useless noise.

Useless noise is exactly what it sounded like, this plea for African-Americans to wait for the justice system to work, because the system has so seldom worked on behalf of black, brown and poor people in this nation.

In his Letter from a Birmingham Jail, Dr. Martin Luther King talks about “the law,” and how there are just and unjust laws. It seems that white clergy were urging Dr. King to obey the law and to “wait for the justice system to work.” Dr. King pushed back, saying that “there are some instances when a law is just on its face and unjust in its application.” I thought of the “stand your ground” law that is apparently protecting accused shooter George Zimmerman from being arrested. Truly, that law is just on its face, but it seems like it was unjustly applied in this case.

Dr. King talks about what is “legal,” in his discussion of just and unjust laws. The white clergy were accusing Dr. King of breaking the law, and therefore doing something illegal. Again, Dr. King pushed back, writing, “We can never forget that everything Hitler did in German was legal and everything the Hungarian freedom fighters did in Hungary was “illegal.” It was “illegal” to aid a Jew in Hitler’s Germany,” he wrote. If, I thought, Trayvon was the aggressor in this case, according to Florida law, he would have been breaking the law, and would have put himself in the position of having to be fought off.

But it just doesn’t seem that that scenario is correct…and it seemed, as I listened to white people urge others to be calm and obey the law and let the justice system work, that they were more concerned with “law and order” than they were, or are, concerned with justice. Said Dr. King: “the white moderate who is more devoted to “order” than to justice, who prefers a negative peace which is the absence of tension to a positive peace, which is the presence of justice, who constantly says, ‘I agree with you in the goal you seek, but I can’t agree with your methods of direct action,’ who paternally feels that he can set the timetable for another man’s freedom, who lives by the myth of time and who constantly advises the Negro to ‘wait until a more convenient season,” …is frustrating. He said people of good will who have such shallow understanding are more frustrating than people of ill will who have absolute, total misunderstanding.”

It is apparently very difficult for white Americans to understand the “souls” of black people in this nation, who have been so battered, and not bettered by, the justice system. There are reasons why the rage is so obvious about young Trayvon’s shooting and Zimmerman’s non-arrest. The reasons reach far back into our history; many of us have relatives who were abused by a justice system which never intended to exhibit justice toward them or their cases. And now, here in the 21st century, we find that really not all that much progress has been made.

Roland Martin, CNN commentator, said that if there are no protests, we cannot hope for justice. Had it not been for the bravery and tenacity of Trayvon’s parents, this case would have been swept under the rug with no mention; another young black male would simply have been buried…but Tracy Martin and Sybrina Fulton, Trayvon’s parents, sounded the battle cry, blew the trumpet, if you will. Their refusal to let their son die in vain reminded me of how Emmett Till‘s mother, Mamie, catapulted the national shame called lynching to international attention when she refused to let her son’s death be ignored.

Dr. King, in Letter from a Birmingham Jail, wrote, “Oppressed people cannot remain oppressed forever. The urge for freedom will eventually come.” He acknowledged that “few members of a race that has oppressed another race can understand or appreciate the deep groans and passionate yearnings of those that have been oppressed, and still fewer have the vision to see that injustice must be rooted out by strong, persistent and determined action.

Dr. King’s words, written in the mid 1960s, are just as appropriate today. The demonstrations against what appears to be gross injustice in the Trayvon Martin case must continue …or else, there will be no justice.

A candid observation…

Where are the GOP Candidates?

Did I miss it?

A true American tragedy has happened. A young, unarmed teen has been shot dead, and the shooter has not been arrested. The parents are anguished, the nation, black, white, and brown, is outraged, and I haven’t heard the GOP presidential candidates, with the exception of Newt Gingrich, say a word about it.

There has not been a word from GOP frontrunners Mitt Romney or Rick Santorum about it.

Gingrich, while defending the “stand your ground” law that Florida follows, has said that the case is a tragedy and has said that a full investigation is warranted. He has even said that the “stand your ground” law “may not apply in this case.”

So, are we to assume that the other three candidates, Santorum, Romney and Paul, do not care about this case, about what appears to be a true American tragedy? Have they no room in their hearts to at least express concern and care for young Trayvon’s parents?

Santorum raised the biggest stink about contraception. He has been vocal about the “attack on religious freedom,” but is he really so out of touch as to not see the vestiges of injustice in this case? Mr. Romney has spent literally millions of dollars to attack his GOP opponents; is there not a thread of outrage in him that would encourage him to attack or at least address a justice system that has allowed a gross injustice to occur?

This type of injustice as concerns African-American men, is not new. It is part of America’s reality. Any president, or one who wants to be president, is surely aware of that…and ought to have the chutzpah to speak out against it. After all, if Romney or Santorum were to be elected, he would have to be president of all of the people, not just of their base.

Am I wrong?

Thank goodness for the groundswell of outrage all over the country. From what has been presented to us, there are serious questions about what happened. What seems sure, though, is that Trayvon Martin should not be dead,and George Zimmerman ought to be answering for his behavior.

Thank goodness, too, that we are seeing the capacity of Santorum and Romney to be willing to be president of all of the people, and their capacity to take a stand on a difficult issue: racism and the justice system in America.

These two men are not presidential. The president of the United States has to be the president of all of us. He (or she) has to have the courage to stand up and against what appears to be wrong. At the least, he or she has to be able to relate to Americans who are hurting, like Trayvon’s parents.

President Obama, who has walked carefully over the minefield called race and racism in America, has spoken out, saying that if he had a son, “he would look like Trayvon,” but he said he wanted to respect the investigation of the case, both national and local. That was the right thing to do, the right thing to say. That as presidential.

However,neither Santorum, Romney nor Paul has shown compassion or backbone, not in this instance.

It’s a significant revelation. It is a telling revelation. It is a troubling revelation.

A candid observation …