FREE ESSAY ON IS JUSTICE TRULY BLIND

IS JUSTICE TRULY BLIND

We hold these truths to be self evident that all men are created equal. Thomas Jefferson
wrote these immortal words in the Declaration of Independence in 1776. One has the right
to impose the question Are we truly equal? simply by taking a look at American society.
Presently, the United States is a country in which thirty-three percent of the male ages
eighteen to thirty years old of African decent are in jail, on probation or parole. This
is an exceptionally high statistic in comparison to their white counterparts. Some people
argue that those statistics reflect high rate of crime, which is prevalent in
African-American communities. Specifically the areas of concern are impoverished. The
rate of unemployment is higher than the national average. The average income is
considerably lower; this leads to a sense of helplessness and hopelessness. In the
nineteen eighties unemployment was high and so was inflation, crack became a channel of
escape. Powder cocaine, whose usage also gave rise in the eighties was fashionable in
upscale Caucasian neighborhoods and was viewed as glamorous and clean. Just as there is,
a difference in the form of a drug that is preferred between the two ethnic groups so is
the severity of justice that is meted out. Federal law requires a mandatory sentence of
five years for the possession of five grams of crack. To receive the same sentence for
cocaine powder form, one must be apprehended in possession of five hundred grams. These
disproportionate statistics leads to the notion of the existence of a bias in the justice
system to keep the public unequal.
If a bias exists why isn't it publicized? This question is valid question with an easy
answer. If you, a member of the public are also a member of the white majority, you will
not be affected by these biases. Since 1995, discrimination in the court system has
become easier to notice. This partially stems from the fact that minorities in general
have a history of being unable to afford adequate council. Two examples of these
discrimination cases are those of Marvin Green (who barely had a traffic violation) and a
young man by the name of Christopher Armstrong. In the first case, Green was the
passenger in a car that had been stopped by police. The driver of the car abandoned Green
leaving him to take the blame for five grams of cocaine that were found in the car.
Facing up to forty years in the federal penitentiary, Green with his family's aid was
able to hire a respectable attorney and beat an absurd charge. He was reported to have
become the first black acquitted of any crime in the Kansas Federal Courts jurisdiction.
The Armstrong case argued that although Armstrong and his co-defendants were not angels
by any means, they were selected for federal prosecution because they were black and no
other reason. This came during a period of time when the only defendants of federal
narcotics charges in California Federal Courts had been minorities. At the same time drug
abuse had been relatively parallel in white communities.
Policing of the nation's streets is commendable; abusing the power that comes along with
it is not. Local prosecutors claim that the high arrest rates are higher in black
communities because of a reported lack of secrecy  or a so-called open air drug market.
Despite the general public's belief, minority convictions relate directly to the fact
that they are usually poorly represented by underpaid, understaffed and overworked public
defenders. Recent studies have shown that while drug use by whites is at about the same
rate as blacks, blacks are five times more likely to be arrested. These alarming rates
should call the nation's attention to an obvious bias. No matter what is done there must
be a change in how law enforcement handles the delicate race card. These statistics show
that America's War on drugs is merely a race war incognito.
Do white judges ever consider why there are so many black defendants in criminal cases?
Do white judges ever wonder why so few black lawyers appear before them? Do they ever
inquire about the history of bar associations that used to exclude Jews and blacks? Do
they ever wonder, aloud or otherwise, why there are so few black judges? Concerns have
revolved around having white judges who, in large numbers, are called upon daily to
preside over the trials of black defendants accused of crime. Are they qualified for such
sociological tasks, only incidentally mixed with law? Children are taught in school that
John Marshall was the greatest chief justice the land has ever had, but not that on his
tenth birthday he received a black slave as a gift and that upon his marriage he received
another. 
The battles of blacks have always been waged under adverse circumstances. Through their
lawsuits for citizen rights, blacks have made U.S. Supreme Court rulings the common
knowledge of even the most benighted whites, including white criminal court judges.
Although many white cases are unheard of, or don't receive any media attention at all.
The black rulings on the Supreme Court tend to yield the highest publicity. What many
blacks are not informed of is that courtrooms are sometimes in secret because what goes
on at the bench is a seldom heard beyond that immediate area. What goes on at the bench
constitutes the vitals of the entire system. There, the prosecutor, defense counsel, and
judge have quiet and earnest discussions. There, plea bargains are struck; the question
of what sentence is to be imposed is decided or agreed upon; the amount of a fine is
determined; and the urgings of judicial mercy are made. More often than not, the name of
the judge is not posted on the bench or elsewhere. Practically anonymous prisoners or
defendants come before an unknown judge. Many defendants never know the name of the
person who can, and often does, drastically affect their lives, their freedom, and their
fortune. Many don't know the name of the prosecutor who zealously seeks to abort their
freedoms that they have. Many of blacks don't know who they are trusting their fate to.
Many of the defendants believe that everything is predetermined and that nothing a
defendant can do will make any difference. One prisoner was quoted as saying that the
more one resembles the judge, the more likely is the chance for justice or a break. Being
that upward of 90 percent of the judges across the country are white and 85 to 90 percent
of the criminal court defendants are black or dark Hispanics, the chance of such a chance
of getting off is extremely nil. Most of the daily decisions of the Criminal Court are
made in the privacy of chambers, in the robing room, or simply off the record. In these
totally private sessions, the lawyers and the judge determine a defendant's fate. The
defendant is not present until the judge and lawyers return from making their quiet
arrangements. 
Both white and black judges are energized by political necessities in finding out what
they tend to believe to be the omnipotent power of the black robe.(Wright, 1987) It is
presumed that lawyers who reach the bench have studied the political sciences, some
business courses, white history, economics, and accounting. Few, however, have touched
the heart of social work and the horrible society in which most criminal defendants come
from. Few white judges have black friends with who they have talked life experiences on
what really goes on in these certain environments. The white judges who end up going into
Criminal Court are all to often graduates from schools and colleges who don't teach the
history, and social issues that are out in the real world.
Many black judges tend to be so remote in their social relationship to other blacks that
they enjoy being above other blacks and consider themselves the greater of the mass. It
is said to happen so much that a named has been used to identify these types of black
judges, Afro-Saxons. Unfortunately many Black judges seldom if ever speak out on
controversial subjects. They maintain a low profile, wearing at all times the mask of
mute and well-behaved dignity. They know their obscure place. Criminal Court judges know
they are at the mercy of the mayor who appoints them or whoever is in office at the time
of possible reappointment. It is said by one black judge, keeping a low, cautious, and
obedient profile will ensure their survival. (Wright, 1987) Taking this statement into
context one may understand the problems that are going on within the courtrooms today.
Many of the black judges in today's society must conform to what many of their white
superiors thoughts are on criminal law if they plan on keeping their jobs. To the extent
that they do the mayor's bidding, or at least do not offend his standards for judging,
they remain qualified, both to sit and to be re-appointed. Many judges find it best not
to be too controversial, and it is not in their minds to harbor controversial concerns.
Due to the hidden exceptions in how the justice system treats defendants unequally, the
country is in turmoil. These biases have been in existence since the birth of our nation.
Albeit that there was progress during the Civil Rights movement, during recent years,
there has been a retrograde movement. A study done by the Kerner Commission over thirty
years ago stated that instead of moving toward the more perfect Union as described in the
United States Constitution, just the opposite is happening We are moving toward two
societies one Black and one White--separate and unequal.
Evidence of failure on behalf of the government on all levels is readily available. This
can be seen from the riots in the sixties to the Los Angeles riots of the early nineties.
Even with last year in New York, the case of Amadou Dialo, racial profiling and bias on
behalf of the police goes on unchecked. In the Dialo case four police officers were
acquitted of blatant murder. The Gestapo tactics used by modern police officers must not
be tolerated. In order for all men to be considered equal we must strive for justice and
equality. 
Yes, social class plays a big role in an American way of life. For in all honesty, the
better your social class the better the legal counsel you can afford. We live in a
country however, where a minority holds control over the majority of the liquid assets.
It is a travesty for this wealthy and powerful country not to be a haven of equality and
peace. As stated in the Kerner Commission, we must seek equality and a balance in both
social class and race. For, if we look within ourselves, we will see the truth that lies
in front of us. Until we are recognized, as equals by white America justice will never be
blind.
Karl Marx stated that Crime is an expression of the individual's struggle against the
unjust social conditions and inequality produced by capitalism. Being that the majority
of people living in poverty are minorities one may draw many parallels to this statement.
Many white judges though have never been able to grasp this concept therefore leading to
the unfair punishments, to the defendants. 
Black life is a constant ordeal, and the country is likened to a private club with
glorious opportunities, options, and choices for white and, seemingly more recently,
oriental immigrants. People who remain insensitive to the constitutional aspirations of
black citizens have nevertheless found enough humanitarian enthusiasm to welcome foreign
refugees, without remembering that black Americans are themselves refugees in their own
land. One day, perhaps, black voters will begin to realize and insist that their black
judges be more responsive to black concerns in a white world. 
Bibliography
Works Cited
Kerner Comission. 1967
Loewen, James. Lies My Teacher Told Me. The New Press 1995
Manning, Marable. Black Liberation in Conservative America. South End Publishing: 1997
Personal Interview. McGinty, Mike Commonwealth's Attorney Williamsburg James City County
Wright, Bruce. Black Robes, White Justice. Carol Publishing Group: New York, NY 1990.