Social consciousness in the courtroom

Brian Johnson

The second O.J. verdict has come in, and now we can see the full measure of our justice system. Do not be alarmed. I am as tired of discussing this case as anyone else, and I will not debate its finer points here. I should say that I do think O.J. is guilty, but I am reluctant to mention this point because it is relatively unimportant.

The important point is to examine what these two trials have revealed about our justice system. The point must be made that as hard as it is to believe — and it is harder still to say it — both of the verdicts in these cases were perfect. They were absolutely correct.

The first verdict was perfect because the plain truth is that the justice system is so racist that it is incapable of delivering a guilty sentence against a black man beyond a reasonable doubt. The jury understood that Fuhrman was no rogue anomaly but rather one example of many. There is a continuing history of racist justice in this country that those jurors could not ignore, however much white America might insist that they should.

The second verdict was perfect because almost any other black man would have already been on death row. Only O.J.’s money saved him, and as racist as our system is, its addiction to money is greater still. His money gave him his freedom, and now, much of that money will be taken away. It is a harsh sentence for a plebeian to have to face, but, rest assured, the rich always land on their feet.

Some facts for your amusement: Over half of all prisoners are African-American, despite the fact that African Americans comprise only 12 percent of the population. Hispanics comprise 17 percent of the prison population but only 9 percent of the general population.

Between the years 1930 and 1972, 88.6percent of all prisoners executed for rape were African-American, and 55.3 percent of all prisoners executed since 1930 were African-American. One-fourth of African-American males between the ages of 20 and 29 are either prisoners, on probation or on parole. These numbers are available from the Bureau of Justice Statistics.

It’s pretty amazing that even O.J.’s kind of money could overcome these odds, but then, 90 percent of prisoners on death row are too poor to afford a lawyer. You have to buy your escape from racism.

Of course, some of you are probably thinking that none of these numbers indicate racism. After all, if blacks are committing these crimes, then it is only right that they be punished.

First of all, we must remember that these numbers indicate a deep social problem. If you believe that African Americans and Hispanics are just naturally prone to crime, then these numbers are nothing to worry about, but if you believe that, call me and I’ll provide you with a number where you can purchase “I’m a Nazi Scientist” T-shirts at a discount price. Otherwise, these numbers are a social problem. It’s that simple.

But the problem in the justice system is much more insiduous than the problems of larger society. A black man who kills a white is five times as likely to receive the death penalty as the reverse. How can that possibly be explained? Blacks and whites participate roughly equally in the drug trade, but blacks comprise around 80 percent of the prison population currently serving time for drug offenses. How can that be explained? One word: Racism.

But why am I boring you with facts? Americans cannot stomach facts. If we could, we would no longer have these problems. These numbers are not secrets. Surf the web or go to your library for confirmation. But you do not care about facts.

So look at the O.J. verdicts. Look at the footage of the first trial and remember that in adjacent courtrooms, dozens of black men were being tried every single day. I assure you they were found guilty. Remember two dead people, and remember the traffic fine O.J. got while other black men would have been executed.

That’s one more thing to remember.

As we move to reinstate the death penalty here in Iowa, keep in mind what it is we are doing. A vote for the death penalty is a vote to send the poor, Hispanics and African Americans to their deaths. A vote for the death penalty is a vote to put one more killing sting into a racist system.

The American Bar Association recently voted to oppose the death penalty until better guidelines could be established. Listen to the lawyers for once. Remember these facts, as inconvenient as they are, or face the fact that as much as you might praise racial equality publicly, in private you really don’t give a damn.


Brian Johnson is a junior in English and philosophy from Amarillo, Texas.