The American judicial system is a perfect instrument of a racist regime | Opinions

A Louisiana judge said, “We have a ****r! It’s a ****r. Like a cockroach”, on a homemade video Last year.

At best, apologists for America’s “judicial system” will call the judge a bad apple, and the legal system that produced her — the one she wanted to be a part of — is flawed.

It’s a perfect defense. An unbroken line of court-initiated anti-black and anti-Native torture – that kept Dred Scott enslaved and Kalief Browder enslaved, that pushed the Indian out of the Southeast and pulled Oklahoma out of the Indian – is mentioned, reluctantly and with lowered eyes, as “an imperfect system”.

If every American judge shared home videos of themselves dehumanizing black people, dancing while clinging to Ku Klux Klan robes and slapping the heads of a white nationalist political party, they would be called bad apples. If 100% of all convictions were found to be consciously racially discriminatory, the convictions would be called flawed. And in this way, the liberal view is able to protect white supremacy in action by depicting it as still an aberration. Still, despite the preponderance of evidence, protesting and crying behind prison cell doors, despite all history, as being non-racist as a general rule. A “justice” that was for an hour only the instrument of a racist power is sold to its victims as still having a non-racist potential.

Liberal hope is what hope would be if it were racist.

This white supremacist defense of American justice has become so naturalized that it would be hard to imagine what might happen if such a judge were discovered in a fair society. There it could generate frantic inquiries and public discussions about whether there could be justice in the court system that would let even one person decide cases that would so comfortably and laughingly express their hatred of over a billion people.

One might wonder why such a person would be attracted to the legal profession? Shouldn’t racists be repelled by the very idea of ​​colorblind justice?

If a poisoner was discovered in a restaurant, even if some dishes were not poisoned, wouldn’t it be better to suspend all operations to find out if the poisoner acted alone and if necessary close the restaurant? Shouldn’t we do the same when discovering discrimination in the institution charged with sentencing people to death by poison?

If a judge was caught calling black people cockroaches in Louisiana, how would we know the black person tied to a stretcher in Florida – who obtained DNA evidence that he did not commit the crime and whose case was presided over by a judge who cannot upload home videos but was seen having dinner with politicians fighting to make it illegal to document police beatings – expected , in fact, be poisoned?

What if it turned out that the prosecutor was consuming conservative media that came closer every night to talking about the “Jew”? What if the arresting officer regularly listened to podcast hosts who invited guests to report on the latest in Negro craniometry and the naturally aggressive personality of the “Black”? How can you be sure that governors who hang up the phone after denying a stay of execution are rubbing their hands in prayer, not pleasure?

In a society that cares about fairness, the discovery of a single weevil in the justice system could trigger a panicked uprooting from the law books and begin to suspend and spotlight the interrogations of every judge and prosecutor out of fear. that countless lives will be ruined due to the infiltration of the system by people who share the opinion of the slave traders.

In America, this is not the case. Racists in sentencing, racial disparities in sentencing, racism in arrests, police impunity, and the whole racist law regime and enforcement are championed as a “flawed system.”

These “imperfections” existed in Rhodesia – now called Zimbabwe, Kenya, Algeria, India, South Africa, Ireland and Jamaica as well. But they are not designated as faults but by their proper name, colonialism. Its defenders, the settlers.

Like the neo-Nazis’ Holocaust denial, like the neo-Confederates’ “there were happy slaves,” the liberals’ “our court is flawed” aims to downplay racist atrocities.

Liberalism is no less an important branch of white supremacy — even if it has been the most successful in convincing itself or pretending it isn’t. (They were believed, for example, more than the Great Cyclopes of the Ku Klux Klan, who also often say, and perhaps believe, that they are not racist).

In settler colonies, there are active white supremacists and passive white supremacists. Neo-Nazis, neo-Confederates, neo-liberals, despite their disagreements, are all versions of the same thing. Settlers.

The end of our colonial situation will therefore not come from the defenders of the regime “trying to make a change”, or from a new politician who says almost the right things, or from a new law or an enlarged Supreme Court, or of a professor’s new book on making America “live up to its ideals,” or of people who hope or claim to hope that colonialism can be redeemed and its courts changed. It will come from the colonized. He will come from the colonized sector. The streets and prisons of the white supremacist West and the streets and prisons of its empire.

There can be no more “watching goofy America with its black murders and mass shootings”. White supremacist colonialism has never been content to stay within the borders it imagined. The end of a habitable planet may have been pronounced in a courtroom atop a Walmart, but the heat has come through your kitchen window.

We could establish a simple rule: the white supremacist society cannot have a legal system. The law cannot be fixed in a place where half of the legislative election is essentially a competition to see who might be more hostile to the non-white person.

Can we ever talk about justice in societies where the wealthy have a crowd of paralegals in their living rooms and bought off lawmakers and the poor blame themselves for reducing the time spent in rehab camps and “correction” institutions and homeless people being targeted as “vagrants” and being accused of sitting down is another question (and his answer is no.). But certainly if “Lady Justice” has stomped on her blindfold and is frequently caught shouting ethnic slurs and threatening to send the police after black people for birdwatching, you can’t say she cares. fair conflict resolution.

In all cases of colonialism, settlers who consider themselves liberal have called a racist justice system flawed. A perfect defense for a perfect instrument. A way to force injured people to run a treadmill without a gun or a whip, just in the hope that it will one day become a road.

The opinions expressed in this article are those of the author and do not necessarily reflect the editorial position of Al Jazeera.