A Solution for Racial Disparities in Criminal Conviction

A Socratic Dialogue

Feb 06, 2024

When I converse with people, my strategy is always radical honesty. That’s my goal, for them and for me. More often than not, these ephemeral “rules” about what one “can say” block the goal. You have to find a way around or through the BS political correctness truth blockers . Kind bluntness is one such tactic. Asking good pointed well timed and well phrased questions is another.

Someone recently asked me if “as a Republican” I cared about racial disparities in incarceration.

I asked for clarification—what specifically does that mean ?

He said, you know.

Maybe I do. But if you don’t know what you mean by the question how can I quickly give you the most honest answer?

Black and brown people are incarcerated at higher rates than whites.

What are the other colors in the mix , I asked.

Uh.

Yellow? Red ?

There are no people with yellow skin , the guy said. That’s offensive.

So if I found a person of color out there who’s color was really yellow, you’d be offended? Help me understand.

No I just. It’s an offensive label.

Offensive to you? Color is.

No, yes.

What about the Redskins?

Oh dude that is so offensive .

So if I found a person of color, and their color was really red, even if they were in jail, you’d ignore that person because you’re so offended to deal with that reality, both of their color and their incarceration?

What? No.

Help me understand.

Redskins is offensive because it targets first nations .

If they aren’t really red , why would it be offensive ? Why wouldn’t you just say that description is false and move on ?

It...I don’t know.

I mean how do we even know for sure we are talking about the same group if there isn’t any truth to it.

I’m just glad the team changed the name.

Well, sure, that’s a strategy for a better world (sarcasm can be effective , but be careful, it doesn’t work on the most sincere , and it can damage the dialogue. But it can be deployed effectively like nuclear medicine, as long as the half life is short enough it doesn’t eat healthy tissue). Get rid of a team where an entire city /region roots *for* and considers *themselves* a part of it, indeed, a *member* of the very mascot you find offensive because *you* don’t root for it . But I digress.

So are you going to answer my question ?

I’ve never seen a black person, fyi. Or a white one. I mean if we are really keeping track , here.

Fair enough. Brown, and lighter skinned people, he said.

No sun burned people though. That’s offensive . Is that the rule ? Just trying to keep track of all these rules for speech , I said.

(He sighed). What do we do with racial disparities in incarceration. I really want to know.

There is an easy fix, I said.

He brightened up, and said, really ? You’re serious?

Yes. It’s obvious, I said sincerely.

Okay, what ??

Change the relevant set of laws.

How ?

Are you concerned about any racial disparities? You think the lack of perfect equality of alleged “colors” in prison or jail and any given moment is evil ?

Um, well, I don’t know.

You’d better know.

Well for violent crime, for example, the racial disparities are troubling.

How so?

Non-whites, okay? Non whites aren’t proportionally locked up to whites.

Proportional to ?

Huh ?

Proportional to the population or to the number of crimes committed by people of that description?

To the population. Basically blacks and browns are

But not yellows and reds and tans !

Blacks and browns are locked up way way more than whites.

The quickest solution is to make it legal for so-called black people to rape and murder and steal and riot and loot and deal. Easy. Get to work !

(He stared at me a long time).

I continued, sincerely : what are the current legal defenses for the charge of murder, for example? You could say I wasn’t there, here’s my alibi or other proof I wasn’t there—a date time stamped ATM receipt miles away at the time of the murder—or your legal defense could be I was there, it was me who killed her, but it was self defense. You follow ? Legal defense for murder . You with me?

Yes.

I continued, sincerely: We could just add to that list of possible murder charge defenses , wasn’t there wasn’t me here’s proof, or it was me who committed this homicide but it was justified because of self defense, you could just add, being black at the time of the murder. Being brown at the time of the murder. That would have saved a year of tax money on the OJ trial. That’s now a defense against the charge of murder , just as much as having a rock solid alibi or self defense. I’m brown. See? Not guilty. Your honor , prosecutor, Look, look at my skin. Just as good as saying you weren’t there, here’s my rock solid alibi. Except you were there, it’s just you were....black ! Just as good as in fear for your life judged on a reasonable person standard. The thing is, my skin, your honor. Not guilty .

(He stared at me some more as if we couldn’t really do that. But the thing is, we could).

Of course, there’s also the insanity defense, too, recall. But you could just say, I’m not insane. I’m just black.

!!, he said.

So-called whites could say, look at my skin. Turn the lights off first, your honor. Bailiff, get the lights. See? I’m black. Sure I did it. (Lights go off). Look at my skin. Look how dark I appear right now. Not guilty !

(He sighed as if we couldn’t really do that. But the thing is, we could).

Even with the lights on, I continued sincerely, the so-called white defendant could claim that the lights were off during the murder. He was quite dark in appearance *at the time of the conduct.*

(He sighed some more as if I wasn't serious. But the thing was, I was dead serious. I was digging out the dead skin to get to that splinter in his mind, and he didn't like it).

I said, you look as if there are more important things to think about in criminal justice than disparities by population. To me you look as if you have deeper concerns.

Well, that would be unjust, he said.

I’m so glad you’re concerned about Justice as well. That’s progress.

(And he went away treasuring these up things in his heart).

He turned around, and said, but they plea out because they can’t afford lawyers!

Not quite true. I myself was a juror in a multiple murder trial in Compton that lasted weeks. No pleas there. But instead of medicare for all, take that money and hire more and higher paid public defenders! Do so tomorrow morning at 9 am. Simple . Take the bloat and cut and cut some more to do it. Or, make it illegal to plea bargain. Do one, do both.

Hmm.

But that won’t guarantee racial equality in offense , which if *perfectly convicted*, wouldn’t guarantee racial equality in incarceration !!

True, he said after a minute , nervously .

So maybe your goal is stupid .

!, he said.

(And then he went away, pondering this time, and treasuring up these things in his heart.)

The Republican Professor

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