In the U.S., it’s legal to be kidnapped and incarcerated without being convicted of any crime. You haven’t confessed. You aren’t considered dangerous or liable to flee before your court date. You have not been proven guilty so you must, by this country’s legal code, be considered innocent. You are nonetheless told you will be incarcerated indefinitely. Your trial date may be scheduled for a few weeks from now – – or, it may not arrive for years.
Vigilantes and law enforcement groups have long worked together to create and protect the racial order in the United States.
Despite 420 celebrations and growing support to legalize it, people of color continue to be incarcerated for marijuana and excluded from the cannabis industry.
The U.S. positions itself as a just country with a superior legal system where people are always considered innocent until proven guilty and always granted the right to a trial before a jury of their peers. Except this isn’t true at all. Despite the promise of the Sixth Amendment, we do not have an effective right to trial because today, the overwhelming majority of cases will never see a judge.
The impact of the “war on drugs” campaign in the ’70s and ’80s continues to the mass incarceration of Black and Brown people today.
Pervis Payne, a Black man who was convicted for murder 33 years ago, will be executed in December, despite DNA evidence that could prove his innocence (CNN). While the execution of an intellectually disabled person is unconstitutional, the court didn’t recognize Payne’s disability at the time of his trial (Tennessean). The Innocence Project, a legal organization that works to exonerate the wrongfully convicted, is trying to stop Payne’s execution. As of today, “375 people in the United States have been exonerated by DNA testing, including 21 who served time on death row” (The Innocence Project).
Seeking convictions for violence, while understandable, legitimizes a system that disproportionately harms communities of color.
Historically, drug policy has been written with racist intentions and fueled by hysteria over the war on drugs. This has led to racial disparities in sentencing for crack cocaine possession.
For the past month, Derek Chauvin has been on trial for the murder of George Floyd. Finally, the verdict is out. Chauvin faced three charges: second-degree unintentional murder, third-degree murder, and second-degree manslaughter. To convict Chauvin, the prosecution needed to show each charge beyond a reasonable doubt. The prosecution did not need to prove that Chauvin intended to kill George Floyd to convict him of the charges.
Defunding the police allows communities to reinvest in other forms of community support while dismantling a system rooted in racism and white supremacy.
