Category Archives: legal issues

Jessica Williams 021814

Video: Jessica Williams breaks down the Michael Dunn verdict

The Dunn verdict is really the cherry on top of the sh*t sundae that is Black History Month. First, We got assigned February — the month nobody wants, the only month that contains the letters ‘F’ and ‘U.’ And then, in case we didn’t get the message, they round out the month by letting another white guy off for gunning down a Black kid. You do know Black History Month isn’t like deer season or turkey season, right? It’s not the month when you’re allowed to shoot Black people.

Sure, [Jordan Davis and his friends] looked unarmed to us. And to the police, and to the other eyewitnesses. But that’s because we’re not wearing fear goggles. That’s the lens through which chronically terrified white people look at Black kids. Like, say, a guy who carries a gun in his glove compartment and thinks Florida juries favor Black people.

Once you put on fear goggles, you’ll hit anything with a bullet.

Activists Put #DonLemonOn Blast

By Arturo R. García

(Note: Video contains NSFW language toward the end.)

Actually, Cenk Uygur is wrong about one thing: not only is CNN’s Don Lemon aware of the NYPD’s “stop and frisk” program (or, as he insists on calling it, “stop, question and frisk”), but he sued a Tower Records store in 2001 after a security guard allegedly attacked him, thinking he stole a CD player.

But Uygur is correct in noting the alarmist tone in Lemon’s commentary on The Tom Joyner Show on Tuesday. And, it turns out, social activists and the Twitter communities caught that, as well — and brought that to light throughout the day.

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Voices: March For Immigrant Dignity And Respect

By Arturo R. García

About 3,000 people attended the March for Immigrant Dignity and Respect in San Diego, Calif. All pictures by Arturo R. García.

On Saturday, thousands of immigrants and immigration advocates took to the streets across the country for the national March for Immigrant Dignity and Respect, a renewed call for U.S. lawmakers to stop dragging their feet on heavily-promised immigration reform. In San Diego, the event drew at least 3,000 people by police estimates, a mix of religious, labor, education and nursing groups from multiple communities.

In English: “Obama, where is the reform?”

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An Open Letter To Kal Penn On Stop And Frisk

"The Time Machine" PremiereBy Guest Contributor Bridget Todd

Dear Kalpen Suresh Modi,

I’ve been a big fan of yours for some time.

Even though I don’t know you, you always struck me as someone who was thoughtful about race.

When I heard your stage name Kal Penn really came from your wanting to see if white casting directors would be more responsive to “Kal” than to “Kalpeen,” I found it was so hilariously insightful that I couldn’t help but become a fan.

For whatever reason, I assumed you and I were similar. But on Tuesday when you tweeted that you were supportive of Stop and Frisk, I knew we weren’t as similar as I once assumed.

We had a brief back and forth about the policy on twitter, and while I appreciated you taking the time to share your thoughts, 140 characters isn’t enough space to adequately tell you misinformed you really are on Stop and Frisk.

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Quoted: President Obama: ‘Trayvon Martin could have been me 35 years ago’

Partial transcript:

You know, when Trayvon Martin was first shot I said that this could have been my son. Another way of saying that is Trayvon Martin could have been me 35 years ago. And when you think about why, in the African American community at least, there’s a lot of pain around what happened here, I think it’s important to recognize that the African American community is looking at this issue through a set of experiences and a history that doesn’t go away.

There are very few African American men in this country who haven’t had the experience of being followed when they were shopping in a department store. That includes me. There are very few African American men who haven’t had the experience of walking across the street and hearing the locks click on the doors of cars. That happens to me — at least before I was a senator. There are very few African Americans who haven’t had the experience of getting on an elevator and a woman clutching her purse nervously and holding her breath until she had a chance to get off. That happens often.

And I don’t want to exaggerate this, but those sets of experiences inform how the African American community interprets what happened one night in Florida. And it’s inescapable for people to bring those experiences to bear. The African American community is also knowledgeable that there is a history of racial disparities in the application of our criminal laws — everything from the death penalty to enforcement of our drug laws. And that ends up having an impact in terms of how people interpret the case.

Now, this isn’t to say that the African American community is naïve about the fact that African American young men are disproportionately involved in the criminal justice system; that they’re disproportionately both victims and perpetrators of violence. It’s not to make excuses for that fact — although black folks do interpret the reasons for that in a historical context. They understand that some of the violence that takes place in poor black neighborhoods around the country is born out of a very violent past in this country, and that the poverty and dysfunction that we see in those communities can be traced to a very difficult history.

And so the fact that sometimes that’s unacknowledged adds to the frustration. And the fact that a lot of African American boys are painted with a broad brush and the excuse is given, well, there are these statistics out there that show that African American boys are more violent — using that as an excuse to then see sons treated differently causes pain.
- Full transcript available via The White House

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.

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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