TJP

The Justice System is Inherently Biased

By Byron A. Ellis – June 17, 2009

Two Pennsylvania white teens, Brandon Piekarsky, 17, and Derrick Donchak, 19, were sentenced to 6 to 23 months and 7 to 23 months, respectively, for the beating death of 25-year-old Luis Ramirez, a Mexican.

Last month, the teens were convicted by an all-white jury of misdemeanor simple assault and acquitted of felony counts, including aggravated assault, ethnic intimidation and hindering apprehension. Sentences for the acquitted charges were more severe.

If an all-Hispanic jury tried these teens, it is safe to say that verdict would be different. And, the argument here is not that an all-Hispanic verdict would render a better verdict; however, in all likelihood, it would be different.

What does this all means? It simple means that the justice system is inherently biased; it is not a fair system. And, the unfairness could apply on both sides of the spectrum.

In the case of Piekarsky and Donchak, the evidence indicated that Mr. Ramirez was beaten and killed because of his ethnicity.

Respect for any justice system relies on outcomes that are reasonable fair, procedural justice. And, judging from the percentage of black and brown imprisonment in the United States, a reasonable observer would conclude that the American justice system has built in biases that adversely punish certain groups more severely.

Nonetheless, these biases could be mitigated if the make up of the justice system was more diverse. However, many in the dominant society believe that diversity, in any setting, disrupt and diminish the allocation of goods and services to the privileged majority.

Thus, they constantly fight against the inclusion of minorities as judges, prosecutors and even jurors. This is also true in the larger society as evidence by the high unemployment rate associated with minorities.

The case of the Republican opposition, and name-calling, to Judge Sonia Sotomayor is a typical example of attempt of exclusion. Moreover, for Hispanics, such as Sotomayor, to become somewhat acceptable to many white Republicans they need to give up their identity and culture, as if the identity and culture of white Republicans is superior to that of Hispanics or any other ethnic group.

Some white Republicans failed to realize the advantages of diversity and the unstoppable demographic train that will change the US in the coming year.

If they miss the demographic train, their Party is likely to become extinct. Therefore, in order for the Party to compete for ethnic votes, they have to embrace and improve, without delay, policies that adversely affect these groups. They could begin with educational and commerce improvements in ethnic communities. Folks don’t become marginalized by narrow-mindedness.

Comment

SAVE DARFUR