Wednesday, April 18, 2007

Equal Protection and the District Attorney

While we cover civil rights in 2301 over the next two weeks, we should touch on recent cases involving the prosecution of--or attempts to prosecute--individuals that may have been fueled by racial anymosity.

The first fits the pattern we have grown to expect. 14 year old Shaquanda Cotton pushed a hall monitor in school and received an indeterminate sentence in a juvenile facility. The case drew national attention because she's African-American, white children had been given lesser sentences for greater crimes, her mother was an outspoken activist in the community, and Paris, Texas has a nasty racial history that includes public lynchings. Her prosecution was held by some to be intimidation by the white legal system of the African-American population.

The second does not fit this pattern. It's the accusation of rape against members of the Duke lacrosse team that was recently dropped by the district attorney, who has also since apologized. Critics of the district attorney argued that he drove the case forward in order to get the votes of the black community in Durham. Commentators have also pointed out how easy it was for the prosecution and the media to persuade the public that these people were guilty. Classic stereotypes of privileged rich kids out of control were readilty accepted. Was this reverse racism?

I posted below about the efforts of an interested bystander (Robert Johnson) to uncover the truth behind the Duke case by persistently posting blogs about it. Not surprisingly, the same thing occurred in the Shaquanda Cotton case. Here's the blog.

The web is turning out to be an effective instrument in allowing criminal defendants and their supporters to state their case.