What’s the difference between a joyride and stealing a car?
The elements are the same: the taking of a car with the intent to temporarily deprive the owner of its use. Unfortunately, what is considered a “joyride” in a white community becomes “grand theft auto” in a community of color.
The outcome can be different depending on the defendant. If you have a white defendant that comes in with a fancy lawyer, who is arguing that it was a childish prank and points at the future the young man has ahead of him while the young man is crying in open court — the case may either be dismissed or result in a diversion program.
Meanwhile, the defendant of color may not have anyone vehemently arguing on his behalf. His family does not have the money for a lawyer or to pay the fee for a diversion program. The overworked public defender cannot delve as deeply into the case. He’s sorry for the stupid act; but maintains a stiff upper lip in front of the judge, because in his culture, men don’t cry — it’s perceived as weak. His outcome ends up being more severe with a criminal conviction. This now means he will have difficulty getting a job, obtaining student loans, living in public housing, or even joining the military. His life is over before it gets started.
This is even assuming that the white defendant is even arrested — he may be brought home by the police with a stiff warning, and the car returned to the rightful owner.
Similar scenarios play out across the country due to stereotypes some people have that people of color have no future.
So how do we make the justice system more colorblind?
All first time offenders of non violent crimes should be given a diversion program. All addicts should be placed into a drug court that requires treatment. It should not be a matter of whether or not your lawyer advocates on your behalf for a program. The Task Force on 21st Century Policung, convened but the White House after the events in Ferguson, issued a report that in part urges police departments to return to community policing, where they get out of their cars and get to know the residents. This way, you can bring young Johnny home to his family — or if there are issues at the home, the officer is aware and find another solution for a young person acting out.
It happens regularly in white communities; with a little creativity the same can be done in communities of color.
My friend Courtney Swan wrote a riveting piece on our criminal justice system from a Canadian perspective. She makes some great points backed by statistics that show the disparity brought on by the history of racism in America. She comes to similar conclusions as seen in my recent discussion on the War on Drugs. We are moving forward, but we still have some work to do!
By guest blogger Courtney Swan
Since President Richard Nixon coined the term in a press conference in June 1971, the ‘War on Drugs’ has been a forceful weapon for nationwide, institutionalized discrimination and racism in the United States.
Nixon declaring to the Congress on Drug Abuse Prevention and Control that drug abuse was “public enemy number one” was the start of the country’s longest ongoing war, along with the notoriously detrimental effects of its repercussions.
Just to get it out of the way right now, because I know many of you are wondering what my stance is on it… the War on Drugs is a race issue.
But please understand that this isn’t just my stance. This isn’t my opinion reflective of my own personal biases.
This is a cold, hard fact, and this series is going to extensively break down and analyze the many truths surrounding this.
The War on Drugs is a crisis which over the last 45 years has brutally and unjustly targeted and devastated communities of color all across America.
One of the most frequent responses to the pleas for criminal justice reform to solve the epidemic of mass incarceration of people of color is, “Well, the real issue we need to resolve is black-on-black crime!”
But, here’s the thing… black on black crime is in itself a twisted, and quite frankly racist expression used to represent the completely bogus idea that more black people are in prison because more black people are criminals.
This idea needs to be shut down.
What the idea of ‘black on black crime’ does is enable American citizens to turn a blind eye to this form of institutionalized racism by encouraging us to justify it. It allows us to diminish the value of black life and black freedom with implications that it is undeserved. . . that mass incarceration has nothing to do with systemic racism and everything to do with the shortcomings of black people in America.
So let’s debunk the myths.
Myth #1: Black on Black Crime Is Worse Than White on White Crime
Read the rest here.