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SeventhSister

SeventhSister
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Right now I am someone who is inundating herself in the work of Dr. Martin Luther King, Jr. and who is trying to embody the profound philosophy of nonviolence, for I do believe that love is humankind’s “most potent weapon for personal and social transformation.” Along “the way of life,” Dr. King wrote, “someone must have sense enough and morality enough to cut off the chain of hate. This can be done only by projecting the ethics of love to the center of our lives.” Such a task requires that we look deeply within to discern as well as to transform the myriad ways violence guides our thoughts, acts and speech, for it is “only through an inner spiritual transformation” that “we gain the strength to fight vigorously the evils of the world in a humble and loving spirit.” It is my humble desire to address here, with a loving spirit, “the evils of the world.” Feel free to help me along the way. Find me on Twitter:https://twitter.com/s7th_sister Also blogging at: http://seventhsister.blog.com/ And, facebook: www.facebook.com/s7thsister

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AUGUST 12, 2012 9:10PM

White Supremacy and the "Texecution" of Marvin Wilson

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This past week’s conversations about white supremacy, which were inspired by Wade Michael Page’s murderous rampage last Sunday at a Sikh temple in Oak Tree, Wisconsin, would not be complete without some discussion about Marvin Wilson – a “mentally retarded” African American man put to death last week by the state of Texecution (Texas, that is). According to Laura Moye of Amnesty International USA, Wilson “had the mental capacity of a first grader” and could “barely match his socks.”

Although the discussions on this painful event have focused (and rightly so) on the indecently low threshold by which Texas determines whether or not someone is mentally disabled enough to be given a pass on lethal injection (Texecution has apparently adopted a standard that in effect amounts to a “What Would Texans Do?” inquiry), discussions of Marvin Wilson’s execution could have just as easily turned on the issue of racism. After all, Texas’ capital punishment apparatus constitutes nothing less than white supremacy writ large.

Before I go any further, let me first acknowledge Jerry Williams, the man whom Marvin Wilson murdered, and offer blessings and peace to Williams’ family, friends, and community. The truth is that Wilson’s crime caused terrible pain and suffering, and I never want to lose sight of that fact.

Yet, here is another awful truth:

Since 1976, Texas has carried out close to 500 executions, and “you can count on one hand,” writes University of Houston law professor David R. Dow, “the number of those executions that involved a white murderer and a black victim.” Indeed, in Harris County Texas – which, according to professor Scott Phillips, is “arguably the capital of capital punishment” – death “is more likely to be imposed against black defendants than white defendants, and death is more likely to be imposed on behalf of white victims than black victims.” It is probably safe to say that such racial disparities mark the criminal justice system in other counties throughout Texas, including in Jefferson County, where Wilson committed his terrible crime and where he was tried.

Racial discrimination, in fact, seems to have been at issue in Wilson’s particular case. On appeal, he argued (among other things) that the prosecutor used peremptory challenges “to eliminate black veniremen but accepted non-black veniremen who possessed the same characteristics as the eliminated blacks.” The prosecutor, in other words, made sure that no black jurors would hear Wilson’s case.

marvin

Wilson lost the argument, but that fact should not give us much comfort. After all, the U.S. Supreme Court has made it supremely easy for prosecutors to eliminate black jurors: they simply have to provide race-neutral justifications for their decisions. That’s a pretty simple thing to do. Just say that you don’t like the way a potential African American juror crossed his legs when he answered your question and you’re off the hook.

Racist/discriminatory intent has to be obvious in order for intent to be recognized by law as racist -- obvious, for example, in a Wade Michael Page kind of way.

It is easier – or, perhaps, safer – to talk about and confront white supremacy when it comes in the guise of violent, gun-toting white radical extremists than when it comes in the form of institutional practices. Or in the form of a political party’s attempt to purge voter rolls. Or when it looks like Wells Fargo lending practices. Page was a white supremacist! we proclaim. Look at his tattoos! Listen to his music! (By the way, if I were to say “Michele Bachmann is a white supremacist! Look at her Muslim witch hunt! Listen to her claims about slavery!” – if I were to say that, many people would come running to her rescue, a fact which I am convinced might have much to do with how we think about white supremacy and class).

In spite of the fact that Wells Fargo just recently settled a racial discrimination claim with the Department of Justice for $175 million, many would wince at my suggestion that the company proved itself to be a white supremacist institution. Not a word about white supremacy was spoken upon news of the case or settlement. And certainly the issue has not come up in the context of the housing crisis or as an issue that drove the housing crisis. Racism, yes; white supremacy, no.

Institutionalized white supremacy is just as deadly as white supremacy embodied in someone like Wade Michael Page – a fact to which our death penalties attest (indeed, it seems that as long as police, prosecutors, judges and jurors don’t come to court bearing racist tattoos or iPhones loaded with white power rock-and-roll, they can effect (through the machinery of the state) race-motivated killings. With impunity.  And, under the guise of race-neutrality and institutional legitimacy).

So why are we having the easier discussion about white supremacy? Surely it cannot be because it makes us safe. It does not (there are more Wade Michael Pages to come).

I suspect that the easier discussion, i.e., the one focused almost exclusively on the singular actions of individuals, allows us to forget, conveniently, that perpetrators like Page are dangerous people who have nevertheless been harmed by their conscious, intentional embrace of a philosophy that many of our revered institutions uphold, legitimize and reproduce, say, in the form of a Wade Michael Page. In other words, talking about and in fact othering those who would carry a gun, mark their bodies with symbols of hate, kill others, and then turn the gun on themselves, allows us to sidestep the difficult issue of the need to transform our institutions – some of which employ us, baptize us, and generally serve to our benefit. This includes, of course, our criminal justice system.

It is also true, I suspect, that the easier discussion prevents us from facing white supremacy in our own lives as well as from facing the white supremacist in our own consciousness. Moreover, by not acknowledging that we all harbor hate (I cannot begin to tell you how many people I have, in my vivid imagination, killed over and over again), we will fail to do the necessary and seemingly impossible work of extending our compassion to the Wade Michael Pages around us so that we might end the cycle of reinventing violent communities and the institutions that reify them.

The senseless killing of our Sikh brothers and sisters, as well as so many unnamed others, clearly requires from us nothing less than a radically different, compassionate, and honest politics and critique.

*****

I offer blessings and peace to Sita Singh, Ranjit Singh, Prakash Singh, Paramjit Kaur, Suveg Singh, Satwant Singh Kaleka, Brian Murphy.  I offer blessings and peace to your families, friends, and community.

May you, Wade Michael Page and Marvin Wilson, be free from suffering. May your families, friends, and communities be free from suffering.

May we all be free from hate.

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Comments

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Brilliant, eminently rational post on an extremely timely topic.
Agree with Dr. Bramhall. Brilliant.
Thank you! You all are very much appreciated.
In some really epic, convoluted process, this now political charade of the people in the T Party and their sympathizers, can feel support of the worst kind -- witness the NRA, the traditional racists , who have been closeted for the past 2-3 decades -- and be brought out in the light of day ... Let them join the political process and work for their cause. Put it out there, if they are not too afraid ...
Yes, let them debate, work for their right wing guys -- but let them in to be exposed .... as it is here that they will be known and dealt with.
Not by violence. But to the bone viewing of the ugly tumor that their mass is upon the body politic that we need to know, hold up as evidence for what is under their true exterior. Bring it .... R>>>>>>>
Thank you for sharing this very thoughtful piece. The content of your post is sad and disturbing, then this from your link above: "Unbelievably, Texas had cited the example of Lennie Small, the intellectually disabled ranch hand in John Steinbeck's famous novel written 75 years ago, "Of Mice and Men," to demonstrate this standard.

Steinbeck's son, Thomas Steinbeck, issued a statement before the execution: 'I am certain that if my father, John Steinbeck, were here, he would be deeply angry and ashamed to see his work used in this way.' He expressed shock that 'Texas would use a fictional character ... as a benchmark to identify whether defendants with intellectual disability should live or die. I find the whole premise to be insulting, outrageous, ridiculous, and profoundly tragic.'"
Unbelievable...whatever happened to the ideas of constitutionality, the standards of human rights practiced by most of the rest of the world, due process, legal precedent, etc.? A fictional character, who was given no trial, but was being pursued by a lynch mob, is the precedent in Texas??? What is wrong with our country??????

This is the company we are keeping: 2011 – The following 18 countries carried out, or are believed by Amnesty International to have carried out, executions in 2011: Afghanistan (2), Bangladesh (5+), Belarus (2), China (2000+), Egypt (1+), Iran (360+), Iraq (68+), Malaysia (1+), North Korea (30+), Saudi Arabia (82+), Somalia (6), South Sudan (5), Sudan (7+), Syria (1+), UAE (1), USA (43), Vietnam (1+), Yemen (41+).

Thank you again for posting, and for your wishes for blessings and peace to the families, friends, and communities affected by this violence.
You pointed out that the prosecution used challenges you think, but cited no proof, are unfair. You failed to point out the defense could do the same thing. You also failed to state or prove that any of the twelve who were on the jury have a race problem. Frankly, you failed to prove anything that this execution was wrong other than you don't like the IQ level the state requires. You also failed to offer, or make a case, for what the correct level is.

My guess is that you believe that there should be no executions for any reason.
I find the overwhelming number of executions in Texas to be horrifying. The cycle of crime and punishment and hate seems to feed off of itself, sucking in more and more souls as it grows out of control. I don't think all of the blame rests with the legal system, it's something far more basic and close to home.

Thank you for your post, Sister, it was so thoughtful and well-written. I enjoyed it very much.
I agree with many of the points you made about the racial aspects of capital justice in a place like Texas, but there is an element missing from your exposition that I would like to ask about.

Do you honestly think it more humane to have sentenced Marvin Wilson to life in prison without the possibility of parole?

In your opinion, would imposing the penalty of imprisonment without the possibility of parole for Wilson have made the racial element in Texas style justice any less egregious?
Wow. It’s great to have so much feedback! Please forgive me for answering in bulk; I just cannot get to my blog during the day. But I am committed to responding to you all!

inthisdeepcalm: Thank you for your comment and support. Yes, I agree that it is important to shine the light on the racism that has infected “the body politic.” And, to call it out for what it is, compassionately. I believe that the compassion part is important, not only because it is a way to take care of the self when confronted with hatred, but also because (among other things) it cuts through the pleasure many people receive from being hateful.

clay ball: the Steinbeck thing is mind-blowing, is it not??? I could’ve written a separate blog on that alone. Thank you for addressing it, and thank you for your comment and support.

Catnlion: Thank you for your comment. Yes, you are completely right: I am against the death penalty – morally, politically (I could go on!). And honestly, I’m pretty unapologetic and transparent about that (I do respect that we seem to differ on this issue). Part of the reason for my position has much to do, of course, with the issues that I address here.

Defense counsel, as you correctly point out, can (and often do) use peremptory challenges to racially engineer a jury – a fact that hardly undercuts my argument. Indeed, it underscores how deeply the issue of race permeates capital (and other) trials. It’s not as if defense counsel’s practice balances things out and thus renders the system fair.

If I were to “prove that any of the twelve who were on the jury have a race problem,” would this mean that the state’s prosecution of Wilson wasn’t driven by racial animus? From the very beginning? Would the jurors’ presumably racist-free decision somehow mitigate the prosecutor’s effort to taint the case (i.e., by eliminating the black jurors)? And what message, do you think, might the elimination of potential African American jurors send to the jurors empaneled?

In terms of the IQ issue: I defer to clay ball, whose comment above says it all (I also invite you to follow the link included in my post).

If you have a moment, I encourage you to check out the State v. Robinson case, a recent North Carolina decision (follow link in my "Afraid of Too Much Justice" post). I’d be curious to know what you think after you’ve read the judge’s eloquent and rigorous analysis/holdings.

Witchywmn: Thank you for your comment and support!

Frank Apisa: Great questions. I don’t think life without the possibility of parole is humane (truth be told, there’s a lot about our criminal justice system that is not humane). In answer to your second question: no. I think one has to look at the case not from how it ended, but from how it began. In other words, a LWP outcome would not have corrected what was probably a tainted case from the very beginning.

Your question re: race and LWP reminds me of the State v. Robinson case mentioned above. Robinson’s case was found to be permeated with racism (as is NC’s capital punishment regime), which resulted in the reduction of his death sentence to LWP (as required by the Racial Justice Act in place at the time). Yet, if his case was permeated with racism, the reduced sentence hardly renders the “better” outcome fair and just.

Thank you for your comments and questions!
You will find that I do not support the death penalty. It's cheaper to lock them up and throw away the key.
Great post.

"The New Jim Crow" by Michelle Alexander was an eye opening book for me on how racist our "justice" system is today.
Just want to answer a couple of catnlion's points. The Supreme
Court, in Atkins v. Virginia, decided 10 years ago it was unconstitutional to execute the mentally retarded. This is not one bloggers opinion, it is the law of the land. Texas courts admit that the man's IQ disqualified him from execution, but rationalized the execution by claiming that the test which showed the man's IQ to be 61 had been improperly administered. There was no evidence that I know of that suggested his IQ was anywhere near normal. The execution was illegal.

Jury pools (I swear, I'm posting my jury piece REAL SOON), are disproportionately made up of whites and middle class people--not peers of the defendant. To serve on a jury, you have to be able to take the time off work, so anyone who is not in a salaried position will usually not serve. The others may not be able to answer the jury summons at all. Then of the ones who do show up, many have economic hardship reasons why they can't serve, and no one on either side wants a resentful juror. There is no law that says you have to be compensated for time spent serving on a jury, and while it is illegal for fire someone for serving on a jury, try proving that was the reason.

Minorities are likely to have more nuanced experiences of the legal system and police. I have been kicked off every jury I've ever been considered for, except in one case where they were do desperate to form a jury, no one questioned me at all. Prospective jurors are asked questions like, "do you know anyone who has been in prison?" and since our prisons are full of black and Latino prisoners on drug beefs, their relatives can count of being considered radioactive by DAs. They may be asked if they would believe a policeman who testified; many blacks and Latinos, not criminals, have been exposed to the seamy underside of law enforcement and are unable to pretend a naive belief in the incorruptibility of the police. By the time you empanel a jury, it is a lot whiter than the jury pool, which was in itself not representative of the population.

But the racial choices do not begin with the jury pool. District Attorneys have an enormous amount of power. Why do you suppose that more blacks are executed proportionally for killing whites than whites for killing blacks? Someone has to decide in the first place whether to try something as a death penalty case. That is a DA, essentially a politician, with no oversight from the courts or any other authority. It's a huge degree of arbitrary power.

That is not even to address the unexpressed, even unrealized, biases of the jury. This is already a novel-length comment, so I will just say that when you perceive someone as other than you, you can believe all kinds of things uncritically, where you might have a nuanced, less credulous response to serious accusations of someone who reminds you of you. It's uncomfortable to think we're killing people because of their race. It's also inescapable.
Alaska Progessive:
I think Michelle Alexander’s book is a must read. Thank you for your comment!

Sirenita Lake: Thanks for adding this. The issues and concerns that you raise cannot be said enough. They also underscore the stakes involved in the upcoming election (i.e., who gets to offer candidates for federal judgeships).