2 ms·
Wouldn't the solution to this problem be simple. So you have black individuals being disproportionately charged under the law - so why not include an extra set
by vivekd 10y ago
Wouldn't the solution to this problem be simple. So you have black individuals being disproportionately charged under the law - so why not include an extra set of inquries in court for black individuals to ensure that they are not being unfairly discriminated against. We can just have the judge ask
1. During sentencing, does the sentence we are imposing on this man/woman markedly deviate from the sentence imposed on similar offenders in similar circumstances who come from different racial backgrounds.
2. Initially - would a reasonable person, giving rise to the circumstances have cause to believe that the defendant would not have been subject to scrutiny were he of a different race (and allow defense counsel to bring in statistical evidence to try and prove this.)
All we are trying to do here is to prevent differential treatment under the law, which seems like a very easy problem to fix.
- bmelton 10y agoI suspect that will work as effectively as it currently does when a judge gets involved in a police shooting to the back of an unarmed civilian... which is to say, kangaroo court oversight, at best. The courts are far too often lenient when they needn't be because the officers and the judiciary are ostensibly on "the same side", ergo a broad degree of latitude is afforded the police that would otherwise be reserved for the ruling class for infractions that would almost certainly land either of us in prison.