-This is a breakdown of the experience most people will go through when facing the legal system, but your chances at a fair shot if you are black depend on the majority of these officials being colorblind...not very good odds unfortunately. -
I was so naive to the reality of what happens when someone goes through the legal system. We hear so much about police brutality, about racial profiling, and all kinds of negative characteristics about the cops, but that is only one component of the whole entire system. At most we think about the arresting police officers, the prosecutors, and the judge. But you have no idea how many others have a hand on what happens to you and if you are a black man, you have to hope to God or to your higher powers that anyone of the people that controls your life is not only fair, but also not racist. Good luck!
We live in a country where our own president will tap dance around condemning white supremacy. Personally I rather have a president that shows you his true colors than outright lies to you about who he really is, but the point is that if he is our leader, then there are millions of followers with the same view, and many of them work in the legal system. These are the people at minimum that you may have to deal with if you get into legal problems (the process may differ depending on jurisdiction): 1 - The Arresting Officer and/or detectives and investigators - Make no mistake, racial profiling exists in this country, ask anybody who has been stopped for driving while black or because they "fit a description" . Let us assume that you find a fair officer, which is very possible of course, not all cops are bigots nor bad people, well, you are only at the very beginning of the marathon my friend. 2 - The Magistrate and/or Commissioner - After getting arrested you could be sent to someone who essentially decides whether there is a case against you, at which point you will either be held or released, possibly on a bond. If you have done nothing that warrants a bond, like cheated on your taxes for example, or let's say, used a badass tax lawyer to circumvent the laws that us plebeians have to follow, but your commissioner is racist, your ass is going to jail. I met a white collar black offender who spent six months in a local jail because he was African and a potential "flight risk." The government can come up with anything to hold you, but especially if you are black. (By the way, the State dropped his case due to lack of evidence, but the Feds do not leave any money on the table, and they figured out a way to get him). 3 - The Prosecutor - Good luck with this one, you are pretty much screwed no matter what race you are, but most especially if you are black. Low income blacks are the easiest targets to send to prison because they cannot afford the judges that rich people can. Whether you believe that race is a factor or not for your defense, if you don't think that money is an issue, then you truly think the system is fair and you should stop reading right now. The prosecutor will do what they can to have you waive your right for a speedy trial, which means that a trial that could be done in the next six months will now be stretched out for as long as possible as the prosecutor figures out ways to screw you over, like finding what mandatory minimums to stick you with. Of course, if your attorney asks for the waiver it means that they could use more time to build up your defense, so this one could also help you, it depends on the case. If it comes from the prosecutor, they want the longest rope to hang you with, if it comes from your attorney, they are trying to keep you from hanging. In the meantime the government will force you to plead guilty because even though you have the right to a fair trial, it does not mean that they actually want to go through with it, that would actually mean that they would have to work for it. It is easier to threaten you with more time if you go to trial and force you to plead guilty, then to actually go through with it. The fact is that African Americans and Hispanics simply do not have the resources to fight. This does not mean that money will buy you your freedom, but it will definitely buy you less time. 4 - The Pretrial Officer: The pretrial officer is there to handle your administrative duties, like a background check, to make sure that you are not breaking the law while waiting for trial, and giving you drug tests to make sure that you are not taking any drugs. I have to admit that my experience with my pretrial officer was positively incredible, he was the first person out of my ordeal who actually treated me like a human who was going through some serious crap, and not a "piece of shit criminal" like so many in the process will treat you. However, if you don't get lucky like I did, they have the potential to make your life hell. 5 - The Pre-Sentencing Reporter - This person is literally there to give their seal of approval to everything the prosecutor is saying about you. It does not matter what evidence you have, all they are there to do is to give the appearance of fairness in the system in case the prosecutor lost his mind. They can actually suggest that the prosecutor is going too light on you, which makes you wonder where the hell the pre-sentencing reporter for serial pedofile Jeffrey Epstein was at the time, and suggest to the court that you deserve more time. Guess who can get more time if they are on the wrong side of the racial spectrum at this stage of the game? Continued on next post...
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