NCJ Number
53187
Date Published
1976
Length
36 pages
Annotation
THIS DOCUMENT USES THE COLONIAL MODEL TO EXPLAIN THE RELATIONSHIP BETWEEN BLACK OPPRESSION AND THE DISPROPORTIONATE AMOUNT OF CRIME FOUND IN ITS ENVIRONS.
Abstract
IN A COLONIAL SETTING THE SUBJECT GROUP IS SET APART GEOGRAPHICALLY FROM THE DOMINANT GROUP, WHICH EXPOSES IT TO A DIFFERENT SET OF CULTURAL STANDARDS THAT HAVE NO LEGITIMACY IN THE COLONIZER'S SOCIETY. THE NATIVE HAS A STATUS WHICH IS NEVER EQUAL TO THAT OF THE WHITE SETTLER. BECAUSE THEIR OWN CULTURAL VALUES HAVE NO LEGITIMACY IN THE SETTLER'S WORLD, NATIVES MUST CONFORM TO STANDARDS THAT ARE ALIEN TO THEM AND WHICH THEY POSSESS NO RESOURCES TO MEET. THIS KIND OF VICIOUS CYCLE DETERMINES THE FORM OF BLACK CRIME IN THE UNITED STATES, AND THE POLITICAL AND ECONOMIC INEQUALITIES INHERENT IN A COLONIAL SETTING INEVITABLY INFLUENCE THE AFRO-AMERICAN'S CHANCES FOR EQUAL JUSTICE UNDER THE LAW. ACHIEVING JUSTICE FOR BLACKS UNDER THE LEGAL SYSTEM IS DIFFICULT BECAUSE THE LAWS REFLECT THE RACIAL INEQUALITY IN THIS COUNTRY. THE LEGALIZATION OF THE COLONIAL ORDER IS BEST REPRESENTED BY THE U.S. CONSTITUTION, WHICH CONTAINS THREE PROVISONS LEGALLY ESTABLISHING THE SUBJUGATED COLONIZED STATUS OF BLACKS. THE OPERATIONAL EFFECTS OF COLONIALISM ARE EXPRESSED IN THE HIGH ARREST RATES, LENGTHY PRISON SENTENCES, AND POLITICAL VICTIMIZATION OF BLACKS IN PRISON. USING THE COLONIAL MODEL, WAYS TO REDUCE SOME OF THE INEQUITIES OF AMERICAN CRIMINAL JUSTICE ARE DISCUSSED. ONE REMEDY INVOLVES COMMUNITY CONTROL OF POLICE, WHICH WOULD DIMINISH THE BELIEF THAT POLICE IN BLACK NEIGHBORHOODS CONSTITUTE AN ARMY OF OCCUPATION. POLICE WOULD BE REQUIRED TO LIVE IN THEIR PRECINCTS. THE JUDICIAL PROCESS SHOULD BE REORGANIZED ALONG SIMILAR LINES. OPPRESSED RACIAL MINORITIES SHOULD BE ALLOWED A TRIAL BY A JURY OF THEIR PEERS, I.E., A JURY WHOSE EXPERIENCE AND VAUES ARE SIMILAR TO THE DEFENDANTS. WHERE THIS IS NOT FEASIBLE, PROPORTIONAL REPRESENTATION OF BLACKS ON JURIES, THE LEGAL STAFF, AND THE BENCH SHOULD BE CONSIDERED. WHILE THESE SUGGESTIONS WILL NOT RADICALLY CHANGE THE SOCIOECONOMIC CONDITIONS WHICH GENERATE CRIME, THEY WILL AT LEAST REDUCE THE IMPACT OF RACISM ON THE ADMINISTRATION OF JUSTICE TO THE BLACK POPULATON. BLACKS MUST ASSUME THE RESPONSIBILITY FOR POLICING THEIR OWN COMMUNITIES AND SIMULTANEOUSLY FIGHT AGAINST THE VICTIMIZATON OF BLACKS BY THE CRIMINAL JUSTICE MACHINERY OF THE COLONIAL POWER STRUCTURE. (AUTHOR SUMMARY MODIFIED--MGB)