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Disparate Treatment Analysis The Diocese of Southern Ohio in Partnership with the Kirwan Institute for the Study of Race and Ethnicity – The Ohio State University The Bishop’s Task Force on Racial Profiling Volume 2 – Disparate Treatment Analysis Citizenship and Racial Profiling Merelyn Bates-Mims, PhD – Principal Investigator Sharon Davies, JD – Principal Investigator Campuses Eric Abercrumbie, PhD; Prince Brown, PhD; Gary Boyle, PPC; Charles O. Dillard, MD; William B. Lawson, MD, PhD; Brandon Abdullah Powell, BFA; Thomas Rudd, MS; Melvin C. Washington, PhD; Tyrone Williams, PhD Unjust law is no law at all. Where there is no law, neither is there violation. A Research Project – March 2014 PRELUDE Black English: A fair shake in judicial systems? By Merelyn B. Bates-Mims. PUBLISHED 2013-02-09 The Cincinnati Herald Because I had long ‘been away’ to big Washington DC, on my return I obligatorily followed Louisiana custom for courteous visitation to all the homes making up Back o’ the Field, the Bates-Johnson ‘extended family’ neighborhood. As we entered his home, I said to Mr. Amos, my mother’s neighbor and old family friend, “Hi, I haven’t seen you for a long while.” His response:“Sho have! Sho have!” nodding his head in “yes” agreement. Though I have recounted this incident a number of times, its impact on me has never faded. Why? Because I had unknowingly and inadvertently discovered in his response a ‘fossil’, which linguists call a “residual vestige” of a proto form of ancient language. In this case, African language. At the time of his “agreement,” however, I dismissed his reply thinking that he, Mr. Amos, was old and hard of hearing and just had not heard or understood my greeting. Later, this time in Cameroon, I encountered similar (mis)understandings, cognitive mismatches, causal glitches in mutual intelligibility among speakers. Though my 1986 work provides a number of “negation” structural comparisons illustrating African language cognition pasted over by English-words, the extracted sample shown here is among my most favorite: S1 ‘Joko, haven’t you eaten?’ S2 ‘Yes.’ S1 ‘You have eaten?’ S2 ‘No.’ S1 ‘Well, whose plate is that?’ (pointing) S2 ‘Mine!’ This “in the kitchen” scene involving four women, African and African American, took place during the preparation of one evening meal in the home of my friends, a Kom family in Yaoundé, where for a few weeks in 1985 I resided as a guest. This “anomaly” of a conversation originated out of stark hunger for that meal and my hurried formulation of the negative construct “Joko, haven’t you eaten?” to which Joko, a native- born Cameroonian and the youngest among us, responded by her positive agreement with the negative “Yes, I have not eaten.” As the “hit and miss” in conversation grew, so did the merriment. Before long, all the women were laughing heartily, chiming in with mixtures of “negatives” that engendered “yes” retorts, and vice versa. These descriptive “English” language vignettes contain elements of a shared African cognition en voyage among widely-spread geographies and peoples: Louisiana, Cameroon, and the Caribbean Sea. But beyond Africa, affirmative agreements with negative elements also have cognitive appearances in the languages of Asia: “And in six years you’ve never sold one?” posed by Dr. Phil’s interview with a female Asian American guest on his show, followed immediately by his “You don’t know yet ‘cause you have never actually sold one,” evoked oral “yes” and affirmative nodding of the head when in fact she had never sold an item. In this negation structure yes actually meant no. Can judges and lawyers---most possessing a different cognition from that of African American, Asian and Latino people, especially males charged with a crime---accurately interpret the ‘yes’ or ‘no’ responses they hear from those populations? Everyone knows the significance of second language interpreters to fair hearings and justice especially to immigrant populations speaking languages other than English. What if the foreign language, i.e., Ebonics, merely sounds like English because the words are English but in reality is its own language? Words of themselves do not a language make. Cognition makes the difference. What near-accurate estimate could be made of the numbers of persons, men of Trayvon Martin race, who have been unjustly sentenced to prison terms because of lack of precision in judicial interpretations of black men’s structure of language? Their structure of yes/no agreements? Their “I be” formals? -Principal Researcher Bates-Mims is a Comparative Historical linguist specializing in the study of the origins of African American language. 2 | P a g e “Sands has argued that the results…are not valid because officers often don't know the race of the suspect when they decide to pull over a car. That may or may not be true. But our study looked not just at motor vehicle stops but at pedestrian stops as well, which also showed racial disparities. We also found that, once people were stopped, officers were more likely to frisk, search or arrest African Americans and Latinos than whites. At the point of making these decisions, officers can certainly see the apparent race of the suspects.” –Ian Ayres. Yale Law School Source: articles.latimes.com/2008/oct/23/opinion/oe-ayres23 Contents Volume 2 - The Bishop’s Task Force on Racial Profiling - 2013 Executive Summary Disparate Treatment Tell Us Your Story 4 Narrative Summary 5 Part 1 General Public (GP) 6 Narratives 7 Part 1.1 General Public (GP-A) Homeless 20 Narratives 21 At-Risk (GP; GP-A) 22 Part 2 Accomplished Professions (AP) 23 Narratives 25 At-Risk 35 Part. 2.1 Urban Hip-Hop Youth 36 Narratives 37 At-Risk 38 Part 3 Congregations 39 Narratives 40 At-Risk 80 Part 3.1 Congregation C-A 81 Narratives 82 At-Risk 86 Summary 87 Bibliography 88 Appendix Race/Color Discrimination 90 Incarceration: Disparate Impact Statistics 2014 94 At-Risk: Lifetime Likelihood of Imprisonment 96 State Prisoners by Race 98 Juveniles in Adult Prisons by Race 100 The Prison Economy 101 Stand Your Ground Case Outcomes 103 Kids: A National Security Discussion 104 Fourth-Grade Reading: The United States of America 106 New Beginnings: Obama and Young Black Males 108 Acknowledgements We acknowledge with gratitude the hard work and cooperative spirit of all those associated with this work, especially Research Associate Thomas Rudd, Lead Researcher Emeritus, The Kirwan Institute. –Merelyn B. Bates-Mims, Principal Investigator Fair Use 17 U.S.C. § 107 : US Code - Section 107 3 | P a g e A defendant may demonstrate that the administration of a criminal law is "directed so exclusively against a particular class of persons . with a mind so unequal and oppressive" that the system of prosecution amounts to "a practical denial" of equal protection of the law. Yick Wo v. Hopkins, 118 U.S. 356, 373 (1886). Volume 2 Disparate Treatment – Tell Us Your Story Comparisons: Citizenship and Racial Profiling The Bishop’s Task Force on Racial Profiling Executive Summary The Bishop’s Task Force on Racial Profiling “Is Stand Your Ground just law?” “Is good citizenship an effective hedge against being racially profiled?” “Is high professional accomplishment an effective hedge against being racially profiled?” According to statistical discrimination theory, inequality may exist and persist between demographic groups even when economic agents (consumers, workers, employers, etc.) are rational and non-prejudiced. This type of preferential treatment is labeled "statistical" because stereotypes may be based on the discriminated group's average behavior. - Arrow, K. J. (1973), "The Theory of Discrimination", in O. Ashenfelter and A. Rees (eds.), Discrimination in Labor Markets, Princeton, NJ: Princeton University Press. Judge Robert L. Wilkins, who serves on the United States District Court and was confirmed three years ago in a unanimous voice vote, gained national prominence in a case that helped popularize the term “driving while black” when he sued the Maryland State Police after they pulled him over in the 1990s, reports a NYTimes November 18, 2013 article. Race and religion constitute one of the oldest combinations, one that has faithfully served the worldwide practice of hegemonic dominance of nations and peoples over others. In combined sentience, the emotional psychology or natural tendency for hasty expression of emotion devoid of reason or self-control, race and religion remains fundamental to majority opposition to civil, political, and economic advancements for minority populations. Historically race combined with religion has exerted rampant resistance against factual ‘freedom’ of participation in the nation (voting and other citizenship rights, as examples). Might sentience and modern Canaan ethnonationalism underlie 2013 prevalent national perception that black men and boys are less worthy beings—as black sons and fathers and husbands and brothers are systemically swept up in New Age Prison Slavery via 13th Amendment loophole in the language permanently abolishing slavery and involuntary servitude “except as punishment for crime…?” Do Biblical maledictory retentions and universal denkstil prejudicial mindset and beliefs contribute to and devoutly underlie 2013 American racial profiling patterns and practices? In July, 2013, Republican Senator John McCain joined President Barack Obama in a call for review of "Stand Your Ground." Does racial profiling, the aberrant acts and attitudes driven by race perception create a chilling effect on the life, liberty, and pursuit of happiness freedoms of targeted groups of Americans? Together, Disparate Impact coupled with Disparate Treatment collections of individual stories meet the evidence standards probative of discrimination theory specific to Stand Your Ground discrimination permitted by State legislation. 4 | P a g e Thus, the Task Force Research on Racial Profiling divides the report into two sections: 1) Disparate Treatment Statistics; and 2) Disparate Treatment individual stories of Racial Profiling Experiences (RPEs).
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