TEMPERS ARE STILL aflame in Jena, La. Cries of injustice and “free the Jena Sixâ€Â have been heard across the country. The story has dramatic, “Movie of the Weekâ€Â elements to it: nooses, six jailed African-American teens and tens of thousands converging on a small Southern town in protest. But perhaps protestors were too quick to point to racism as the cause of the Jena Six’s current plight.
Events were as follows: On Sept. 6, 2006, nooses were found hanging from a tree under which white students traditionally sat at Jena High.
The three white students responsible for the nooses were ultimately suspended from school, but not charged with any crimes. On Dec. 4, 2006, six black students at Jena High knocked unconscious and repeatedly kicked Justin Barker, a white student, for allegedly using racial slurs against them. The six students were initially charged with second-degree attempted murder. Those charges have since been reduced to second-degree battery.
A line has been drawn connecting the noose-hanging incident to the Jena 6 incident, despite any concrete evidence that the two are directly linked. Protestors point to the suspension of the white students versus the arrests of the Jena Six as evidence of racism and prejudicial treatment.
The hanging of the nooses was an unforgivably cruel act. There is no question that racial tensions have run high in Jena since the incident. Racism is unfortunately deeply ingrained in the past and present of our country. However, the country is governed by a concrete set of laws and a judicial system.
According to CNN, the white students were not charged with a hate crime because they did not meet all the federal requirements to be charged as adults. In short, they did not break the law.
The Jena Six clearly broke the law in their attack of Barker. Maybe the incident was racially motivated on both sides, but the six were arrested and charged not because they were black, but because what they did was, quite simply, illegal.
Months later, when a hunting rifle was discovered in Barker̢۪s vehicle while it was parked in the school parking lot, he had to suffer the consequences of his actions as well. Despite no evidence that Barker intended to use the weapon, he was arrested for having it in a firearm-free zone. He was also expelled from the school district for over a year. There were no allowances made for Barker because he was white or the victim of the Jena Six attack.
There are other areas in the Jena Six case where the cry of racism did not seem to hold.
Critics of the trial for one of the six, Mychal Bell, point to the fact that he was convicted by an all-white jury. According to the website for Jena̢۪s newspaper, The Town Talk, 150 people, randomly selected without regard to race, were summoned for jury duty, and only 50 appeared, none of whom were black. Would it not have been equally prejudiced of the court to specifically seek out black jurors to serve on Bell̢۪s case?
The rallying cry of the protestors who marched on Jena was “free the Jena Six.â€Â Everywhere in the news, it seemed that supporters of the six, including the Rev. Al Sharpton, demanded that the defendants be released, consequence-free.
I am willing to bet that Sharpton would have been singing a completely different tune had a black student taunted six white students and then been attacked. Sharpton would have been on the news within hours, decrying the act as a hate crime that deserved maximum punishment.
The consequences of the law should not vanish for the Jena Six simply because they are black. What they did was wrong, regardless of the reason. In fact, a look at the history of some of the group shows repeated offenses.
Bell was on probation for four crimes, two involving battery, when he attacked Barker. Another student, Robert Bailey, Jr., was involved in two other fights with white men in the days leading up to the attack on Barker.
Yes, the initial charges of second-degree attempted murder were too harsh. One could argue that even the current charges don̢۪t fit the crime. But let the Jena Six off altogether? I don̢۪t think so.
Perhaps the cry should have been “reduce the charges of the Jena Six,â€Â although it is not quite as catchy as “free the Jena Six.â€Â
Joanne Lui is a senior majoring in mass communication and journalism with an option in print journalism.Joanne is full-blooded Chinese but hates rice and refuses to use chopsticks.
Benjamin Baxter • Nov 24, 2009 at 3:38 pm
The Collegian Staff Comment
Is the justice system a form of institutional racism? That, to my mind, would mean accusing the individual district attorneys and law enforcement officials as being racist. It seems their hands were tied by federal statute, not by the will of the lawyers and cops involved.
I am unclear where there are racist policies in the justice system as you say. Can a system be racist if it is blind to race?
There's a checklist for hate crimes, and the white boys fell just short. The black kids acted well on the wrong side of the law. To me, that's not racism.
gm • Oct 18, 2007 at 3:21 pm
Interesting question Benjamin. I know there have been several studies done ( perhaps someone out there is aware of which ones and can link us to them) revealing that African-Americans are charged more severely and receive longer sentences than their white counterparts, even with the same prior criminal records. Now I suppose one can chalk that up to individual racist views, but if it is pervasive enough to take place across the country and reflect the statistical norm rather than the exception, isn’t that institutional racism? Put another away, even if the impetus for this discrepency is the racism of individuals, if the system tolerates it or is run by a significant number of people who adhere to those views, shouldn’t the system as a whole be indicted? I think it is also important to distinguish between the law as written and as it is applied. Our country was founded upon the principle that all men are created equal, yet continued with slavery and defacto slavery for nearly 200 years. The law might be colorblind, but its application is not always.
The law itself can often reflect at least a subtle form of racism. Crack cocaine has mandatory sentences much harsher than powder. Why? Could it be that crack is perceived as a problem in the minority community whereas powder is thought more prevalent among middle-class white kids? Or is it just thought more dangerous? It is appropriate to question, as you have done, as well as people on the other side, whether racism is a part of our justice system and to what extent. For my part, I think one would be hard-pressed to look at the system as a whole and argue institutional racism does not play a part.
That said, I ultimately agree with you on the Jena case. As I argued earlier, the hanging of nooses and calling of filthy names does not rise to the same level, in my mind, as physically assaulting someone because of their race.
Perhaps the real institutional racism found in Jena was not with the prosecution but with the toleration at the school of a “white tree.” If a school accepts that type of racial imagery isn’t that a form of institutional racism? Thanks again for a thoughtful discussion.
gm • Oct 18, 2007 at 10:21 pm
Interesting question Benjamin. I know there have been several studies done ( perhaps someone out there is aware of which ones and can link us to them) revealing that African-Americans are charged more severely and receive longer sentences than their white counterparts, even with the same prior criminal records. Now I suppose one can chalk that up to individual racist views, but if it is pervasive enough to take place across the country and reflect the statistical norm rather than the exception, isn’t that institutional racism? Put another away, even if the impetus for this discrepency is the racism of individuals, if the system tolerates it or is run by a significant number of people who adhere to those views, shouldn’t the system as a whole be indicted? I think it is also important to distinguish between the law as written and as it is applied. Our country was founded upon the principle that all men are created equal, yet continued with slavery and defacto slavery for nearly 200 years. The law might be colorblind, but its application is not always.
The law itself can often reflect at least a subtle form of racism. Crack cocaine has mandatory sentences much harsher than powder. Why? Could it be that crack is perceived as a problem in the minority community whereas powder is thought more prevalent among middle-class white kids? Or is it just thought more dangerous? It is appropriate to question, as you have done, as well as people on the other side, whether racism is a part of our justice system and to what extent. For my part, I think one would be hard-pressed to look at the system as a whole and argue institutional racism does not play a part.
That said, I ultimately agree with you on the Jena case. As I argued earlier, the hanging of nooses and calling of filthy names does not rise to the same level, in my mind, as physically assaulting someone because of their race.
Perhaps the real institutional racism found in Jena was not with the prosecution but with the toleration at the school of a “white tree.” If a school accepts that type of racial imagery isn’t that a form of institutional racism? Thanks again for a thoughtful discussion.
Davis Carr • Oct 18, 2007 at 2:47 pm
Norma, please. The great rev. Al Sharpton is a self-appointed, small minded exploitative man.
We have the rule of law in this country. Some counties in the deep south are still corrupted. Racism still exists, but is seen on a much smaller scale. Civil rights heroes of the past were true heroes. This is evidently not the case today. Jesse Jackson, Al Sharpton, and others are opportunists who exploit every situation they get their hands on and make no positivist contribution.
Free the Jena 6?——how about a fair trial. This Bell kid is not the innocent victim he has been portrayed as.
Davis Carr • Oct 18, 2007 at 9:47 pm
Norma, please. The great rev. Al Sharpton is a self-appointed, small minded exploitative man.
We have the rule of law in this country. Some counties in the deep south are still corrupted. Racism still exists, but is seen on a much smaller scale. Civil rights heroes of the past were true heroes. This is evidently not the case today. Jesse Jackson, Al Sharpton, and others are opportunists who exploit every situation they get their hands on and make no positivist contribution.
Free the Jena 6?——how about a fair trial. This Bell kid is not the innocent victim he has been portrayed as.
Benjamin Baxter • Oct 18, 2007 at 1:41 pm
The Collegian Staff Comment
Is the justice system a form of institutional racism? That, to my mind, would mean accusing the individual district attorneys and law enforcement officials as being racist. It seems their hands were tied by federal statute, not by the will of the lawyers and cops involved.
I am unclear where there are racist policies in the justice system as you say. Can a system be racist if it is blind to race?
There’s a checklist for hate crimes, and the white boys fell just short. The black kids acted well on the wrong side of the law. To me, that’s not racism.
gm • Oct 18, 2007 at 9:22 am
I thought the Opinion piece and the post by Norma were both thoughtful and the type of discussion that should be held on serious issues such as this. Too bad others have not followed the example.
Norma, I think you bring up a very important point regarding incarceration rates and sentencing discrepancies in our justice system. Clearly these are issues that must be addressed in a discussion on equity for all. I will point out that it is a complex issue. For instance, the overwhelming majority of victims in crimes commited by African-Americans are themselves African-American. Would treating these criminals in a less harsh fashion reflect a lack of concern for these victims or even racism? Obviously we would hope that the race of criminal or victim would not matter and that each case would be judged in a color-blind manner. Hopefully these types of discussions can bring us closer to that.
I will part from you Norma, on two issues. You hold up Al Sharpton as some type of beacon of racial harmony and believe that he is simply demanding justice for all. That might be believable except that Sharpton has done this before and when “justice” demanded that whites accused of hate crimes be exonerated, Al refused to fight for justice. In both the Brawley case and the Duke rape case, Sharpton helped whip up racial tensions, made heinous accusations and then, when the facts clearly pointed out that the charges were fabricated, Al refused to fight for the accused, criticize those who lied or even admit he was wrong.
The other issue I part with you on is your notion of equivalency between the 2 acts. Hanging up a noose or calling someone a heinous name based on the color of their skin is not the equivalent of beating someone viciously for the same reason. There should be a much harsher punishment for the latter, regardless of ones race.
I hope the Jena 6 case will lead to thoughtful discussion about race and the issues raised by Norma and Joanne. If we can’t do that on a university campus, then where will it happen?
gm • Oct 18, 2007 at 4:22 pm
I thought the Opinion piece and the post by Norma were both thoughtful and the type of discussion that should be held on serious issues such as this. Too bad others have not followed the example.
Norma, I think you bring up a very important point regarding incarceration rates and sentencing discrepancies in our justice system. Clearly these are issues that must be addressed in a discussion on equity for all. I will point out that it is a complex issue. For instance, the overwhelming majority of victims in crimes commited by African-Americans are themselves African-American. Would treating these criminals in a less harsh fashion reflect a lack of concern for these victims or even racism? Obviously we would hope that the race of criminal or victim would not matter and that each case would be judged in a color-blind manner. Hopefully these types of discussions can bring us closer to that.
I will part from you Norma, on two issues. You hold up Al Sharpton as some type of beacon of racial harmony and believe that he is simply demanding justice for all. That might be believable except that Sharpton has done this before and when “justice” demanded that whites accused of hate crimes be exonerated, Al refused to fight for justice. In both the Brawley case and the Duke rape case, Sharpton helped whip up racial tensions, made heinous accusations and then, when the facts clearly pointed out that the charges were fabricated, Al refused to fight for the accused, criticize those who lied or even admit he was wrong.
The other issue I part with you on is your notion of equivalency between the 2 acts. Hanging up a noose or calling someone a heinous name based on the color of their skin is not the equivalent of beating someone viciously for the same reason. There should be a much harsher punishment for the latter, regardless of ones race.
I hope the Jena 6 case will lead to thoughtful discussion about race and the issues raised by Norma and Joanne. If we can’t do that on a university campus, then where will it happen?
Norma Lara • Oct 18, 2007 at 1:34 am
What has, is, and will continue to occur in Jena Louisiana is not the “Movie of the Weekâ€Â as you so clearly depicted. It is more like the “Reality Show of the Countyâ€Â.
“The hanging of the nooses was an unforgivably cruel act. There is no question that racial tensions have run high in Jena since the incident. Racism is unfortunately deeply ingrained in the past and present of our country. However, the country is governed by a concrete set of laws and a judicial system.â€Â
In this quote, you yourself have realized that racism is still alive in this country and that it is ingrained in the history of this country. But you failed to realize that this country “governed by concrete set of laws and judicial systemâ€Â has institutionalized this racism and though changes in some parts have been made, racist policies have not been eradicated from this so called “justiceâ€Â system.
“According to CNN, the white students were not charged with a hate crime because they did not meet all the federal requirements to be charged as adults. In short, they did not break the law…Maybe the incident was racially motivated on both sides, but the six were arrested and charged not because they were black, but because what they did was, quite simply, illegal.â€Â
This is a clear example of how Louisiana and most of the U.S justice system works. One is clearly not against the law, and the other is. The same age teenagers get off of serious charges because of their age. And on the other hand these 6 black teenagers get tried as adults, get harsher sentences and punishments for their crime. And the country runs by concrete set of laws?
“Despite no evidence that Barker intended to use the weapon, he was arrested for having it in a firearm-free zone. He was also expelled from the school district for over a year. There were no allowances made for Barker because he was white or the victim of the Jena Six attack.â€Â
Why not analyze the detailed statistics that show that African Americans in this country face higher arrest rates, higher jail sentences, and higher life imprisonment for the same crime in comparison to Whites?
“I am willing to bet that Sharpton would have been singing a completely different tune had a black student taunted six white students and then been attacked. Sharpton would have been on the news within hours, decrying the act as a hate crime that deserved maximum punishment.â€Â
How much are you willing to bet? Sharpton is asking for justice, he states that these charges should be dropped, and that a real investigation into the situation, and real justice should take place, not only in Jena but in the U.S courts throughout the country. Bell has served more than his time; he has served consecutive months in jail as an adult.
“Yes, the initial charges of second-degree attempted murder were too harsh. One could argue that even the current charges don’t fit the crime. But let the Jena Six off altogether? I don’t think so. Perhaps the cry should have been “reduce the charges of the Jena Six,â€Â although it is not quite as catchy as “free the Jena Six.â€Â
So you are okay with these other kids not being tried as adults and not serving serious sentences for such hateful actions? You want someone to serve time for their actions and the kids that did the most severe crime were the Jena 6? How can you say this country runs on a clear set of “justâ€Â laws, when they are skewed by racism?
I will end by the poignant and most powerful message of this “Movie of the Weekâ€Â from words of a man you were clear to condemn. “Let America know — we are not fighting for the right to fight in school. We’re not fighting for the right for kids to beat each other. We’re fighting to say that there must be one level of justice for everybody. And you cannot have adult attempted murder for some, and a fine for others, and call that equal protection under the law. Two wrongs don’t make one civil right.â€Â (Rev. Al Sharpton)
LibeRTy JuSTiCE & PeACE FoR ALL
ONe LOVE!
Norma Lara • Oct 18, 2007 at 8:34 am
What has, is, and will continue to occur in Jena Louisiana is not the “Movie of the Week” as you so clearly depicted. It is more like the “Reality Show of the County”.
“The hanging of the nooses was an unforgivably cruel act. There is no question that racial tensions have run high in Jena since the incident. Racism is unfortunately deeply ingrained in the past and present of our country. However, the country is governed by a concrete set of laws and a judicial system.”
In this quote, you yourself have realized that racism is still alive in this country and that it is ingrained in the history of this country. But you failed to realize that this country “governed by concrete set of laws and judicial system” has institutionalized this racism and though changes in some parts have been made, racist policies have not been eradicated from this so called “justice” system.
“According to CNN, the white students were not charged with a hate crime because they did not meet all the federal requirements to be charged as adults. In short, they did not break the law…Maybe the incident was racially motivated on both sides, but the six were arrested and charged not because they were black, but because what they did was, quite simply, illegal.”
This is a clear example of how Louisiana and most of the U.S justice system works. One is clearly not against the law, and the other is. The same age teenagers get off of serious charges because of their age. And on the other hand these 6 black teenagers get tried as adults, get harsher sentences and punishments for their crime. And the country runs by concrete set of laws?
“Despite no evidence that Barker intended to use the weapon, he was arrested for having it in a firearm-free zone. He was also expelled from the school district for over a year. There were no allowances made for Barker because he was white or the victim of the Jena Six attack.”
Why not analyze the detailed statistics that show that African Americans in this country face higher arrest rates, higher jail sentences, and higher life imprisonment for the same crime in comparison to Whites?
“I am willing to bet that Sharpton would have been singing a completely different tune had a black student taunted six white students and then been attacked. Sharpton would have been on the news within hours, decrying the act as a hate crime that deserved maximum punishment.”
How much are you willing to bet? Sharpton is asking for justice, he states that these charges should be dropped, and that a real investigation into the situation, and real justice should take place, not only in Jena but in the U.S courts throughout the country. Bell has served more than his time; he has served consecutive months in jail as an adult.
“Yes, the initial charges of second-degree attempted murder were too harsh. One could argue that even the current charges don’t fit the crime. But let the Jena Six off altogether? I don’t think so. Perhaps the cry should have been “reduce the charges of the Jena Six,” although it is not quite as catchy as “free the Jena Six.”
So you are okay with these other kids not being tried as adults and not serving serious sentences for such hateful actions? You want someone to serve time for their actions and the kids that did the most severe crime were the Jena 6? How can you say this country runs on a clear set of “just” laws, when they are skewed by racism?
I will end by the poignant and most powerful message of this “Movie of the Week” from words of a man you were clear to condemn. “Let America know ”” we are not fighting for the right to fight in school. We’re not fighting for the right for kids to beat each other. We’re fighting to say that there must be one level of justice for everybody. And you cannot have adult attempted murder for some, and a fine for others, and call that equal protection under the law. Two wrongs don’t make one civil right.” (Rev. Al Sharpton)
LibeRTy JuSTiCE & PeACE FoR ALL
ONe LOVE!