Justice in the 21st Century
January, 2000
At the dawn of the 20th century, a prophetic W.E.B. Du Bois wrote, "The problem of the 20th century is the problem of the color line." At the century's midpoint, Martin Luther King Jr. came forward with a dream for the betterment of everyone, including justice and equality for all. As this century ends, one wonders what Du Bois or Dr. King would say today. Would they say that racial equality and justice have progressed? While both men would likely acknowledge some movement, they would be disheartened.
On the verge of the 21st century, America remains a nation divided by race--a nation whose noblest ideals are clouded by misunderstanding stemming from racial separation. Some whites bemoan what they perceive as black ingratitude, while many blacks believe whites will never genuinely share power.
If America is to progress, we must all first acknowledge that racial separation still exists. Fortunately, overt Jim Crow laws have been eliminated. Unfortunately, covert Jim Crow--call it Jim Crow Jr.--is still in practice.
Our nation's greatness is diminished by too many examples of racism and injustice. We cherish the right to travel freely within our borders. But how universal is that right when a recent study of police stops on a Maryland interstate shows that African Americans accounted for 73 percent of all police searches, though African Americans were only 17 percent of the drivers?
How can we say that we have evolved when last year our largest city was rocked by the brutalization of Abner Louima and the killing of Amadou Diallo? Both men were guilty only of having dark skin, as was Tyisha Miller, gunned down by police in Riverside, California while sitting in her car. These offenses are reminiscent of mob lynchings of more than 50 years ago. But there is a crucial difference: Unlike lynchings, these actions were carried out by uniformed officers of the state, sworn to uphold the law.
It is not surprising that African Americans believe they cannot receive justice. How would you feel if you had the pervasive sense that you, your family and your neighbors could not use the courts to redress wrongs?
We know the judicial system isn't flawless. It is uneven and, at times, unfair. Witness my 27-year struggle to free Geronimo Pratt, or consider the cases of inmates now winning belated freedom because of DNA evidence.
Despite their imperfections, the courts remain our best hope. We do not have a state religion, but the courts serve as our civic temples. They are where the most vexing questions are resolved, and where the state's power is held in check. Sometimes, courts are willing to correct their mistakes. The rule of law is even taking hold on a global scale, with international tribunals probing genocide in the Balkans and in Rwanda.
More than 30 years ago, Dr. King wrote, "This is no time for romantic illusions and empty philosophical debates. This is a time for action. What is needed is a strategy for change, a tactical program that will bring black people into the mainstream of American life as quickly as possible."
Today such idealism seems both refreshing and naive. In the midst of unprecedented prosperity, the government has ceased caring about the poor and the disenfranchised. Tragically, we are still far away from King's tactical program. The first business of the 21st century must be completing the unfinished business of the 20th century. There is one small step we can all take toward completing the century's agenda. It does not involve expensive government programs. No TV cameras, personal computers or cell phones are required.
What we must do is have men and women, black and white, Asian and Hispanic, young and old, rich and poor, reason together. It is time for us as a nation, and for all of us as individuals, to engage. Let there be a frank exchange of views. Four decades of practicing law all over this country convinces me that most people will conclude that we are all the same beneath the skin.
A simple call for community may seem mundane in the face of the next century's technological onslaught. But without an exchange of ideas, there is only fear and ignorance. The calendar tells us we're into the next century, but the day-to-day experiences of many people show us that we have not erased the color line Du Bois eloquently identified when the century began.
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