Democracy in the CourtsDemocracy in the Courts

Philip Zimbardo, Philip Zimbardo, The Lucifer EffectThe Lucifer Effect

Milgram Experiment: 90%+ of Americans are Milgram Experiment: 90%+ of Americans are psychopaths willing to murder under orderspsychopaths willing to murder under orders

Stanford Prison Experiment: anyone can Stanford Prison Experiment: anyone can become a sadist in 2 daysbecome a sadist in 2 days

How explain evil?How explain evil? Dispositional: Bad ApplesDispositional: Bad Apples Environmental: Bad Barrels Environmental: Bad Barrels Systemic: Legal, political, economic, cultural Systemic: Legal, political, economic, cultural

framework of framework of powerpower: Bad Barrel Makers: Bad Barrel Makers Institutionalized racismInstitutionalized racism

Jim Crow Criminal SystemJim Crow Criminal System

Sam HoseSam Hose Convict lease systemConvict lease system

““the live nigger is worth more than the the live nigger is worth more than the dead one”dead one”

““If a nigger kills a white man, that’s If a nigger kills a white man, that’s murder. If a white man kills a nigger, murder. If a white man kills a nigger, that’s justifiable homicide. If a nigger that’s justifiable homicide. If a nigger kills a nigger, that’s one less nigger.”kills a nigger, that’s one less nigger.”

““Whose nigger are you?”Whose nigger are you?”

SC Gov Cole Blease on commutating SC Gov Cole Blease on commutating death sentence (1913)death sentence (1913)

““This defendant was convicted of killing This defendant was convicted of killing another negro. I am naturally against another negro. I am naturally against electrocuting or hanging one negro for killing electrocuting or hanging one negro for killing another, because, if a man had two fine another, because, if a man had two fine mules running loose in a lot and one went mules running loose in a lot and one went mad and kicked and killed the other he mad and kicked and killed the other he certainly would not take his gun and shoot certainly would not take his gun and shoot the other mule, but would take that mule and the other mule, but would take that mule and work it and try to get another mule; work it and try to get another mule; therefore, I believe that when one negro kills therefore, I believe that when one negro kills another, that he should be put in the another, that he should be put in the Penitentiary and made to work for the State.”Penitentiary and made to work for the State.”

Southern StrategySouthern Strategy Kevin Phillips, Nixon strategist and author of Kevin Phillips, Nixon strategist and author of The The

Emerging Republican MajorityEmerging Republican Majority(1969), interview, (1969), interview, New New York TimesYork Times, May 17, 1970, May 17, 1970

From now on, the Republicans are never going to From now on, the Republicans are never going to get more than 10 to 20 percent of the Negro vote get more than 10 to 20 percent of the Negro vote and they don’t need any more than that…but and they don’t need any more than that…but Republicans would be shortsighted if they weakened Republicans would be shortsighted if they weakened enforcement of the Voting Rights Act. The more enforcement of the Voting Rights Act. The more Negroes who register as Democrats in the South, Negroes who register as Democrats in the South, the sooner the Negrophobe whites will quit the the sooner the Negrophobe whites will quit the Democrats and become Republicans. That’s where Democrats and become Republicans. That’s where the votes are. Without that prodding from the the votes are. Without that prodding from the blacks, the whites will backslide into their old blacks, the whites will backslide into their old comfortable arrangement with the local Democrats.comfortable arrangement with the local Democrats.

Lee Atwater (strategist for Reagan Lee Atwater (strategist for Reagan + Bush I; mentor to Karl Rove)+ Bush I; mentor to Karl Rove)

““Atwater: You start out in 1954 by saying, 'Nigger, Atwater: You start out in 1954 by saying, 'Nigger, nigger, nigger.' By 1968 you can't say 'nigger' - that nigger, nigger.' By 1968 you can't say 'nigger' - that hurts you. Backfires. So you say stuff like forced hurts you. Backfires. So you say stuff like forced busing, states' rights and all that stuff. You're busing, states' rights and all that stuff. You're getting so abstract now [that] you're talking about getting so abstract now [that] you're talking about cutting taxes, and all these things you're talking cutting taxes, and all these things you're talking about are totally economic things and a byproduct of about are totally economic things and a byproduct of them is [that] blacks get hurt worse than whites. them is [that] blacks get hurt worse than whites. And subconsciously maybe that is part of it. I'm not And subconsciously maybe that is part of it. I'm not saying that. But I'm saying that if it is getting that saying that. But I'm saying that if it is getting that abstract, and that coded, that we are doing away abstract, and that coded, that we are doing away with the racial problem one way or the other. You with the racial problem one way or the other. You follow me - because obviously sitting around saying, follow me - because obviously sitting around saying, 'We want to cut this,' is much more abstract than 'We want to cut this,' is much more abstract than even the busing thing, and a hell of a lot more even the busing thing, and a hell of a lot more abstract than 'Nigger, nigger.' “abstract than 'Nigger, nigger.' “

The New Jim CrowThe New Jim Crow

60% of the prison and jail population 60% of the prison and jail population is black and Hispanicis black and Hispanic

Blacks and Hispanics are 29.9% of Blacks and Hispanics are 29.9% of the populationthe population

legal discrimination: voting, legal discrimination: voting, welfare, housing, jobswelfare, housing, jobs

Death PenaltyDeath Penalty Yes: Nigeria (last 2001; sodomy), China (1,010 in 2006), Yes: Nigeria (last 2001; sodomy), China (1,010 in 2006),

Iran (177 in 2006), US (53), Russia (moratorium since 1996)Iran (177 in 2006), US (53), Russia (moratorium since 1996) No: EU, Britain (1998; last 1964), Mexico (2005; last 1937)No: EU, Britain (1998; last 1964), Mexico (2005; last 1937)

Prison Population (2007)Prison Population (2007) Nigeria: 39, 438; 30/ 100,000Nigeria: 39, 438; 30/ 100,000 (Juveniles: 2.0%)(Juveniles: 2.0%) China: 1.5 million; 119/ 100,000China: 1.5 million; 119/ 100,000 (1.4%)(1.4%) Britain: 87,000; 148/ 100,000Britain: 87,000; 148/ 100,000 (3%)(3%) Mexico: 216, 290; 198/ 100,000Mexico: 216, 290; 198/ 100,000 (N/A)(N/A) Iran: 150, 321; 212/ 100,000Iran: 150, 321; 212/ 100,000 (1.5%)(1.5%) Russia: 889, 598; 628/ 100,000Russia: 889, 598; 628/ 100,000 (2.5%)(2.5%) US: 2.2 mil; 750/ 100,000US: 2.2 mil; 750/ 100,000 (0.4%)(0.4%)

North Korea: unknown (everyone); estimated 200,000 North Korea: unknown (everyone); estimated 200,000 political prisonerspolitical prisoners 900+/ 100,000 900+/ 100,000

"In 82% of the studies [reviewed], race of the victim was "In 82% of the studies [reviewed], race of the victim was found to influence the likelihood of being charged with capital found to influence the likelihood of being charged with capital murder or receiving the death penalty, i.e., those who murder or receiving the death penalty, i.e., those who murdered whites were found more likely to be sentenced to murdered whites were found more likely to be sentenced to death than those who murdered blacks."death than those who murdered blacks."- United States General Accounting Office, Death Penalty - United States General Accounting Office, Death Penalty Sentencing, February 1990 Sentencing, February 1990

Nationally, over 80% of murder victims in cases resulting in Nationally, over 80% of murder victims in cases resulting in an execution were White, even though only 50% of murder an execution were White, even though only 50% of murder victims generally are White victims generally are White

96% of states conducting reviews of race and the death 96% of states conducting reviews of race and the death penalty have discovered a pattern of either race-of-victim or penalty have discovered a pattern of either race-of-victim or race-of-defendant discrimination, or both race-of-defendant discrimination, or both

98% of the Chief district attorneys in death penalty states are 98% of the Chief district attorneys in death penalty states are WhiteWhite Jury selection procedures: 1986 Jury selection procedures: 1986 BatsonBatson v. v. KentuckyKentucky

A Philadelphia study found that Blacks received the death A Philadelphia study found that Blacks received the death penalty at a 38% higher rate than others when comparing penalty at a 38% higher rate than others when comparing similar defendants and similar crimes similar defendants and similar crimes

A North Carolina study found that the odds of receiving a A North Carolina study found that the odds of receiving a death sentence rose by 3.5 times among those defendants death sentence rose by 3.5 times among those defendants whose victims were White whose victims were White

Since 1976, executions: White Defendant / Black Victim (15)Since 1976, executions: White Defendant / Black Victim (15)

Black Defendant / White Victim (223)Black Defendant / White Victim (223)

1976-2005: White on Black 1976-2005: White on Black homicides: 11,262homicides: 11,262 Executions: Executions:

15/11262= .1331%15/11262= .1331%‘‘76-’05: Black on White 76-’05: Black on White

homicides: 29,437 (2.6 homicides: 29,437 (2.6 times likelihood)times likelihood) Executions: Executions:

223/29437= .7575% (5.69 223/29437= .7575% (5.69 times likelihood)times likelihood)

From 1976 to 2005 --From 1976 to 2005 -- * 86% of white victims * 86% of white victims

were killed by whiteswere killed by whites * 94% of black victims * 94% of black victims

were killed by blackswere killed by blacks

Prison-Industrial ComplexPrison-Industrial Complex

Interest groups + organizations (prison Interest groups + organizations (prison guard unions, construction companies, guard unions, construction companies, and surveillance technology vendors)and surveillance technology vendors) more concerned with making profits than more concerned with making profits than actually rehabilitating criminals or actually rehabilitating criminals or reducing crime ratesreducing crime rates

2006: nationwide $60 Billion2006: nationwide $60 Billion 2001: Prisons: States avg. 2001: Prisons: States avg.

$22,650/inmate/year; Federal $22,632$22,650/inmate/year; Federal $22,632 Education: $1,315/resident; Prisons: Education: $1,315/resident; Prisons:

$104/Resident$104/Resident

Privatization of prisons (264 facilities, Privatization of prisons (264 facilities, 99,000 adults)99,000 adults)

Prisoners are counted in census for district Prisoners are counted in census for district where imprisoned not in home districtwhere imprisoned not in home district

E.g. 60 percent of Illinois's prisoners come E.g. 60 percent of Illinois's prisoners come from Cook County, though only 1 percent are from Cook County, though only 1 percent are incarcerated thereincarcerated there

Percent population disenfranchised

““Promissory Notes”Promissory Notes” Judicial candidates asked to fill out questionnaires Judicial candidates asked to fill out questionnaires

on their beliefson their beliefs Candidates who refusedCandidates who refused basis for fundraising basis for fundraising

againstagainst E.g. Question 1: "Are you a born again Christian? Please E.g. Question 1: "Are you a born again Christian? Please

give your testimony." give your testimony." Agree/Disagree w/ statement: "God's Laws or Natural Agree/Disagree w/ statement: "God's Laws or Natural

Laws have a high[er] authority than laws enacted by the Laws have a high[er] authority than laws enacted by the United States Congress or the Idaho Legislature" United States Congress or the Idaho Legislature"

Republican Party of MinnesotaRepublican Party of Minnesota v. v. WhiteWhite: 1: 1stst Amendment right to askAmendment right to ask

““Three of four Americans already believe that Three of four Americans already believe that campaign contributions to judges affect the campaign contributions to judges affect the outcome of cases. Even worse, more than 25 outcome of cases. Even worse, more than 25 percent of state judges agree.”percent of state judges agree.”