This weekend this blog was visited by a rather unsavoury character who decided to take your humble narrator to school on why passing laws against black people isn’t racist. At first I was amused, much the way I would be watching a dog try to take a stick through the doggy door. It’s cute and entertaining in a pathetic sort of way, watching the poor thing struggle to achieve its goal. Unlike a friendly mutt, however, this particular commenter got progressively more unhinged as I refused to take him seriously, and he began lashing out. I quickly became bored, and left him to rage by himself in the dark.
One of the points that he was sure he had ‘got’ me on was the fact that black people are incarcerated at a much higher rate than white people. This proved, he asserted, that there was something wrong with black people that made them more likely to commit crimes. It’s just statistics, he claimed. The problem with his theory is that it is not supported by the evidence, or at least the evidence is not sufficient to justify the conclusions he draws. We know, for example, that racism often acts as a confounder in what appears to be a straight-line relationship. We also know that race can play an undue role in things like sentencing and presumed innocence, putting the weight of the judicial system disproportionately against defendants of colour.
This phenomenon is not necessarily because judges are ‘racists’ or because they have a grudge against black people or anything quite so simplistic. The issue is complicated, but one of the culprits is our inability to think critically about our own attitudes about race and racism. By making race a taboo subject, we have set up a situation where people would rather ignore it than discuss it. It happens to police, it happens to lawyers, it happens to judges, and it happens the next level up as well: [Read more…]