Category Archives: inequality

Stand Your Ground Increases Racial Bias in “Justifiable Homicide” Trials

Rally for Trayvon Martin at the University of Minnesota. Image courtesy of Fibonacci Blue on Flickr

Rally for Trayvon Martin at the University of Minnesota. Image courtesy of Fibonacci Blue on Flickr

 

By Guest Contributor Lisa Wade, Ph. D.; originally published at Sociological Images

Today a jury found George Zimmerman not guilty of second-degree murder. It is widely argued that Florida’s stand your ground statute, which was considered by the defense, and which Zimmerman previously studied in a criminal litigation course, was at play. The statute allows people to use proportionate force in the face of an attack without first trying to retreat or escape. More than 20 other states have such laws.

At MetroTrends, John Roman and Mitchell Downey report their analysis of 4,650 FBI records of homicides in which a person killed a stranger with a handgun. They conclude that stand your ground “tilts the odds in favor of the shooter.”  In SYG states, 13.6% of homicides were ruled justifiable; in non-SYG states, only 7.2% were deemed such.  This is strong evidence that rulings of justifiable homicide are more likely under stand your ground.

But which homicides?

Ones similar to the one decided in favor of George Zimmerman today.  A finding of “justifiable homicide” is much more common in the case of a white-on-black killing than any other kind including a white and a black person.  At PBS’s request, Roman compared the likelihood of a favorable finding for the defendant in SYG and non SYG cases, consider the races of the people involved.  The data is clear, compared to white-on-white crimes, stand your ground increases the likelihood of a not-guilty finding, but only when a person is accused of killing a black person.

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Notice, however, that white people who kill black people are far more likely to be found not-guilty even in states without SYG and black people who kill whites are less likely to be found not-guilty regardless of state law.

It’s simple: We are already biased in favor of the white defendant and against the black victim. Stand your ground laws give jurors more leeway to give defendants the benefit of the doubt.  This increase even further the chances that a white-on-black homicide will be considered justifiable because jurors will likely give that benefit of the doubt to certain kinds of defendants and not others. Stand your ground may or may not be a good law in theory but, in practice, it increases racial bias in legal outcomes.

It is contested whether stand your ground played a role in this case, Media Matters offersstrong evidence to suggest that it did. Cross-posted at Ms.PolicyMic, and Pacific Standard.

Lisa Wade is a professor of sociology at Occidental College. You can follow her on Twitter andFacebook.

Meanwhile, On Tumblr: Surprise, Surprise! SCOTUS Rules Against Native Americans

By Andrea Plaid

Image via pbs.org.

Image via pbs.org.

As you know, the US Supreme Court (SCOTUS) did the One Step Forward/Three Steps Back Dance when it came to rights for marginalized people. The Supreme Court ruled in favor of same-gender marriage and made rather questionable rulings regarding affirmative action and the Voting Rights Act (VRA), the justices’ ruling negatively impacted Native American nations’ right to their children and, ultimately, tribal self-determination. Colorlines’ Aura Bogado explains in the most popular post of this past week:

In a 5 to 4 decision today, the Supreme Court ruled that the Indian Child Welfare Act (ICWA) does not block termination of a Native father’s parental rights. The court appears to have ruled as if it was deciding the issue based on race—when a better lens to understand the case, called Adoptive Couple v. Baby Girl, is through tribal sovereignty.

First, some quick background on the case and on ICWA itself [sic]. Christy Maldonado gave birth to a baby in 2009 whose father, Dusten Brown, is a citizen of the Cherokee Nation. Because of self-determination, the Cherokee Nation decides who its citizens are—and because Dusten Brown is Cherokee, his baby, named Veronica, is Cherokee as well. Maldonado and Brown lost touch by the time the baby was born, and Brown was never informed of the baby’s birth. Maldonado decided to put the baby up for adoption, and a white couple named Melanie and Matt Capobianco took Veronica into pre-adoptive care.

So what does ICWA do? The act was created because of incredibly high rates of white parents adopting Native children; in states like Minnesota, that have large Native populations, non-Natives raised 90 percent of Native babies and children put up for adoption. Those adoptions sever ties to Native tribes and communities, endangering the very existence of these tribes and nations. In short, if enough Native babies are adopted out, there will literally not be enough citizens to compose a nation. ICWA sought to stem that practice by creating a policy that keeps Native adoptees with their extended families, or within their tribes and nations. The policy speaks to the core point of tribal sovereignty: Native tribes and nations use it to determine their future, especially the right to keep their tribes and nations together.

But leave it to the Supreme Court to miss the point altogether this morning. The prevailing justices failed to honor tribal sovereignty in today’s ruling.

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Injustice For All: Conservative Justices Takes Aim At POC Voters

By Arturo R. García

It took less than two hours for Texas lawmakers to prove the Supreme Court made a mistake on Tuesday.

It’s also important to emphasize that it was Texas lawmakers who pushed to become the first to enact a voter identification law after the high court struck down Section 5 of the Voting Rights Act.

“There is no doubt that these improvements are in large part because of the Voting Rights Act. The Act has proved immensely successful at redressing racial discrimination and integrating the voting process,” Chief Justice John Roberts wrote in the 5-4 majority decision, which broke down along party lines. So the majority’s argument was that the VRA worked too well to be allowed to continue, despite being renewed by an overwhelming margin just seven years ago, for a 25-year extension.

“Congress approached the 2006 reauthorization of the VRA with great care and seriousness. The same cannot be said of the Court’s opinion today,” Justice Ruth Bader Ginsburg wrote in the dissenting opinion. “The Court makes no genuine attempt to engage with the massive legislative record that Congress assembled. Instead, it relies on increases in voter registration and turnout as if that were the whole story.”
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The Hippocratic Oath Doesn’t Apply To Undocumented Immigrants

By Andrea Plaid

hospital sign

Even as the Drop The I-Word campaign and their partners celebrate the good news about the Los Angeles Times and the Denver Post dropping the i-word, US hospitals are quietly dropping off undocumented immigrants who need life-saving long-term health care in the countries they emigrated from in order to keep down costs.

According to both NPR and Huffington Post, these healthcare facilities have sent about 600 people back under the system of “medical repatriation” in the last five years. Under this, the hospitals put the stabilized, and usually unconscious, patients on a chartered international flights–which the facilities are willing to pay for–back to their former home countries.

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Meanwhile, On TumblR: In Case You Missed It

By Andrea Plaid

Usually, I highlight some of the most popular posts on Tumblr, some of which appear here on the main R. However, there are some really great posts that may not have gotten the biggest numbers but still got some love, like this Parlour Magazine interview with hip-hop feminist Joan Morgan:

Parlour: You talk a lot about the Politics of Pleasure, what does that mean?

Joan Morgan. Via madamnoire.com

Joan Morgan. Via madamnoire.co

Joan Morgan: Much of my work as a feminist revolved around how do we improve black women’s lives. I had been investigating how we talk about black women, particularly in terms of sexuality, without talking about pleasure. Instead, we identify the racial and sexual history, particularly in the United States, and why that history prevents or complicates black women’s sexuality from enjoying a sex positive space.

Feminism is very good at dissecting the politics of respectability and the culture of dissemblance thanks to Darlene Clark Hine. Still, we’re not so good at articulating a language for pleasure, which is crucial for any human being but it plays a critical role in other black women’s issues with which we don’t necessarily make the connection. For example, if we’re talking about black women and the rate of new HIV cases – the percentage of black women among new infections is disproportionately high – but when you look at the prevention, the language is ‘If he doesn’t want to use a condom, tell him to back off’ or, ‘If he really cares about you he’ll use protection.’ The discourse is centered around men’s pleasure.

Parlour: Perhaps women don’t like the way condoms feel either, so how about developing protection that feels better without centering the conversation around men …

Joan: For black women, I think about our health and the diseases that compromise our lives due to stress, and we will send out the call to arms around obesity or heart disease. But we’re not talking about making a real commitment to joy in our lives, particularly around the erotic or sex and the body. I’m very interested in that little taboo area. With the Politics of Pleasure I begin to argue that what’s missing is language, and I really wanted to begin to articulate language and introduce pleasure as a feminist priority for Black women.

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Racialicious Review: Who And What Really Has A Place At The Table?

By Andrea Plaid

Via jonathanjphalperin.com

Via jonathanjphalperin.com

 

Taking a break from the Crush column to review one of my favorite kinds of movies–documentaries–but I promise to include a Crush alum to keep some continuity!

So, let me keep my promise: I saw CrushR Raj Patel in a celebrity-powered version of Food, Inc., the well-regarded exposé on the effects of agribusiness and the US government subsidizing it on people living in this country and Latin America, the other night. The documentary, called A Place At The Table–as powered by Top Chef‘s Tom Colicchio (and co-directed and produced by Colicchio’s spouse Lori Silverbush), actor Jeff Bridges, and musicians T Bone Burnett and The Civil Wars–takes Food, Inc.‘s initial nugget of criticism on how agribusiness and its federal subsidies helps create food insecurity to create a solid framework on exactly how it’s done, from the Reagan-era dependence on food charities to fill in the needs of food-insecure USians as the administration cut federal spending on food programs (the film states that the US had 200 food banks in 1980 but now there are 40,000 food banks, soup kitchens, and pantries) to pricing many people living in this country out of being able to get healthy food (according to the film, the relative price of fresh fruit and vegetables has gone up by 40% since 1980, while the price of processed foods has gone done by about the same percentage) to business policies (like the fact, says the documentary, that we subsidize the basic ingredients in processed foods but don’t subsidize fruits, vegetables, and whole grains because the producers tend to be small producers as well as food suppliers and business owners determining that it’s simply not cost-effective to make fresh produce available to certain locations because they’re considered “out of the way”).

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Racialicious Crush Of The Week: Anita Hill

By Andrea Plaid

Professor Anita Hill. Via gazette.gmu.edu

Professor Anita Hill. Via gazette.gmu.edu

Professor Anita Hill lifted my feminism from my soul and inner circle of cohorts and into a public place.

My old hometown newspaper called the women’s center where I served as co-coordinator during my undergrad days to get a quote about the Judiciary Committee’s fooliganery regarding Professor Hill testifying against then-Supreme Court Justice nominee Clarence Thomas.  Since I answered the phone, I told the reporter exactly what was on my heart to say: I wanted to give Hill a bouquet of roses for speaking out, for steadily speaking her truth about the sexual harassment Thomas inflicted on her.

The reporter used my quote in the story.

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