Posted on 04/23/2006 3:31:24 PM PDT by Daniel T. Zanoza
Playing the race card may inhibit true justice in Durham alleged rape case by DANIEL T. ZANOZA
Over a decade ago, O.J. Simpson was found not guilty of a double murder. Though most of the evidence seemed to indicate Simpson had brutally killed his wife and her friend, a jury--compromised mostly of African-Americans--set him free and created a new debate concerning the future of America's justice system.
Simpson's skillful lawyers played the race card in his trial and a new term became known to the American public: Something called "jury nullification" reared its ugly head in the process in what most experts agreed was a solid case against Simpson. A black jury would not and did not convict one of their own, no matter where the evidence led them.
In recent decades, the race excuse is becoming a regular occurrence in the application of law. Congresswoman Cynthia McKinney (D-GA), an African-American, charged that a Capitol police officer used racial profiling when he attempted to stop the lawmaker from entering the halls of Congress without proper identification. McKinney struck the white Capitol policeman, but later apologized for the incident. However, before McKinney apologized, she claimed the incident was brought about because of the color of her skin.
More recently, two members of the Duke lacrosse team were charged with rape and kidnapping in another case which has racial overtones. Though much of the early evidence indicates there are huge holes in the prosecution's case, many believe pressure applied on prosecutors by the African-American community in Durham, North Carolina and across the nation has forced the prosecution's hand.
Jesse Jackson, the Founder of Operation P.U.S.H., has offered the alleged victim a four-year scholarship to a university towards her education. The accuser asserts stripping was her only alternative in the effort to feed her family. In some twisted thinking, Jackson says the woman is entitled to assistance because of her decision to take off her clothes for profit.
Jackson's offer, in itself, presupposes the African-American woman is telling the truth about the alleged rape while, at the same time, Jackson suggests the members of Duke's lacrosse team are guilty. Putting the race issue aside, Operation P.U.S.H.'s offer should be considered an insult to all women who toil at legitimate professions while struggling to put food on their tables. In interviews, Jackson does not address what he would do, if the accuser was fond to be lying. Would Operation P.U.S.H. still give the woman a scholarship? Would Operation P.U.S.H. provide scholarships for those defendants who were falsely accused?
African-American groups in Durham have essentially convicted the two white Duke students without a trial. Demonstrations have been held and District Attorney Mike Nifong, who is seeking reelection this year, has made condemning statements seemingly meant to appease his black constituency. Nifong has come under considerable criticism from legal experts who say his actions have gone far beyond the fair search for truth.
At first, Nifong said DNA evidence would corroborate the victim's claims. Yet when DNA results came in, the facts exonerated the entire Duke lacrosse team. However, Nifong continued to press the issue by taking his charges to a grand jury which ultimately levied an indictment against the students. Since the Grand Jury's decision, evidence has surfaced that virtually clears one of the defendants charged, thereby putting the prosecution's entire case in jeopardy.
It also seems the legal system was influenced by pressure from the African-American community in Durham. The two students who were charged in the case posted bonds of $400,000 each. Less than a week later, a man who was charged in a murder case unrelated to the Duke incident, only had to post a $50,000 bond before the Durham court.
The case has been a virtual magnet for attention seekers, like the Rev. Al Sharpton, who has a less than stellar reputation for honesty. For example, Sharpton represented Tawana Brawley, an African-American who was 15 years-old at the time at the time of her alleged assault. Brawley claimed she had been raped and kidnapped, but later her accusations were found to be false. But Sharpton, who has injected himself into the Duke case, has played a role in the rush to judgment concerning the guilt of the Duke duo.
It is safe to say, most Americans would support the conviction of the defendants if they are indeed guilty. Rape is a heinous crime which traumatizes a woman for life and, though the accuser was a stripper, she deserves every protection and remedy the law can provide.
However, there is a very dangerous possibility the evidence in the Duke case may have nothing to do with the final outcome of the judicial proceedings. Unless there is overwhelming evidence proving the lacrosse players innocence of the alleged crimes, there is a distinct possibility the defendants may be sacrificed on the altar of racial coercion and the subsequent manipulation of the American justice system. If this happened, it would be just as tragic as if guilty individuals were set free. It's time individuals like Jesse Jackson and Al Sharpton put aside their constant use of the race card.
Our society's justice system should be colorblind. Of course, it is apparent social economics do play a role in the dispensation of justice in the United States. This is perhaps the greater sin that lurks within our culture. Playing the race card may serve the short term agendas of some individuals and groups, but in the long run this strategy is tearing our nation apart.
Well, let's just see what "solid" evidence Nifong can
scrounge up.
To divide this country is exactly the goal of "racial spoilers".
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