During the last two weeks, I read the book "Reparations" by @dukekwondc and @_wgthompson. I also read, and re-read, the review of that book by @RevKevDeYoung. A few thoughts: 🧵
First, the book was excellent. Deeply researched, both with regard to American racial and theological history. I also thought it wise that the book avoided making definitive pronouncements about what we must do, acknowledging that the issue is complex in application.
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Second, I found surprising DeYoung's central argument--that too much time has passed to make reparations. This was an unusual argument given the historical facts. Convict leasing (called "slavery by another name") continued well into the 1900s.
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The Civil Rights Act of 1964 and Voting Rights Act of 1965 passed less than 15 years before DeYoung was born. None of this is ancient history. In fact, it's not really history at all.
An example from my area of expertise--criminal law--should illustrate that.
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In the wake of the Civil War and collapse of Reconstruction, one of the ways in which racial subordination was enforced against blacks was by excluding them from juries. This made it easier to convict blacks and nearly impossible to convict whites for violence against blacks.
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It was not until 1985 that the U.S. Supreme Court finally and completely ruled that the Reconstruction Amendments to the U.S. Constitution prevent prosecutors from striking jurors during jury selection on the basis of race.
1985 was 8 years *after* DeYoung was born.
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But even that U.S. Supreme Court ruling didn't put an end to the practice of prosecutors striking blacks from juries on the basis of their race. In 2019, the Court considered the case of Flowers v. Mississippi in which a man had been convicted of murder in his *seventh* trial.
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Flowers, who was black, was subject to 6 prior trials, 2 of which ended with hung jury. The other 4 convictions were reversed (including two reversals for prosecutorial misconduct and two reversals because the prosecutor struck blacks from the jury on the basis of their race).
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The same prosecutor committed the misconduct in each of the trials. But no discipline was imposed against the prosecutor. Each time a verdict was reversed, the case was retried by the same prosecutor who committed the misconduct.
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Finally, in 2019, after Flowers was convicted in a 7th trial, the case made its way to the U.S. Supreme Court. And again, his conviction was reversed on the ground that the prosecutor had, in the seventh trial, yet again unconstitutionally stricken black jurors.
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As the Supreme Court explained, the prosecutor had, in the 7 trials, stricken 41 of the 42 prospective black jurors from serving on the juries. The opinion overturning Flower's conviction in the seventh trial wasn't written by some liberal justice, but by Justice Kavanaugh. /11
The State of Mississippi, having now been told definitively that it would have to try Mr. Flowers with a jury from which the state couldn't strike blacks, the state dropped the case. /12
Mr. Flowers spent 23 years in prison while each of these unfair trials was conducted. Trials conducted by a criminal justice *system* that was racist. Literal systemic racism. /13
Mr. Flowers was freed only after the U.S. Supreme Court ordered that he receive a trial with a jury from which blacks weren't stricken based on race.
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None of this occurred 150 years ago. All of these trials were conducted during DeYoung's lifetime.
Should a society make this type of thing right? Should we repair the wrong to people who have suffered like Mr. Flowers?
What does Scripture require?
/end
P.S. The State of Mississippi agreed to pay Mr. Flowers only $500,000 for the 23 years they took from his life. $21,700 a year.
94% of criminal convictions in state court are the result of guilty pleas. It’s 97% in federal court.
Why would 94-97% of criminal defts waive their right to trial and plead guilty?
Understanding the answer to that question is key to diagnosing how broken the system is.
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The reality is that prosecutors can put enormous pressure on criminal defendants to plead guilty. Here’s how:
At the beginning of 2020, about 2.2 million people were in jails and prisons in the United States.
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About 550,000 of those prisoners were being held prior to trial—meaning they were being held in jail even though they had not been convicted of anything.
How does that happen, you might wonder?
Typically it happens because poor people are unable to make even modest bail.
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I've seen a number of people claiming our education system is just fine when it comes to history because we teach kids about "slavery" and "racism."
Well, my history education was not fine: A 🧵
I grew up in the northeast. I went to a public high school. I have a college degree, a masters-level seminary degree (with an emphasis in church history), and a law degree (from a top 25 law school). Here are *some* of the things I never learned about:
1. Nobody ever told me about lynching, much less its purpose (intimidate blacks out of voting), its frequency (at the peak, in 1892, averaging 4+ a week), the horror (burning alive, cutting off fingers and toes as souvenirs, pregnant women), or the spectacle (1000s of observers).
Wild story about the 1898 white supremacist coup in Wilmington, NC: a 🧵
In 1885, a small group of members from First Baptist Church of Wilmington started a Sunday school class in a vacant store owned by the Police Chief John Melton.
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That small Sunday school class grew quickly and, in 1886, was organized as Brooklyn Baptist Church of Wilmington. The first worship service of this new church was held on Apr 4. In Nov 1893, the church called as its pastor the Rev. John W. Kramer.
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In Nov 1898, white supremacists in Wilmington rigged the election of county officials and then violently overthrew the existing city government. Rev. Kramer was a significant participant in the riot and overthrow of the city government.
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If your grandparents robbed a bank and bequeathed the stolen money to your parents who then bequeathed it to you, would you (if you are a Christian) believe that you had a moral obligation to repay the inherited money to the bank? Even though you didn’t rob the bank?
In 1898, 73% of revenue of state of Alabama was derived from convict leasing. It was stolen money. Which means that whatever assets the state government of Alabama holds *today* were obtained in part with stolen money. Is there a moral obligation to give the money back?
I don’t need the story of Zacchaeus to understand that. I can get that from the Eighth Commandment.
I listened to a podcast this week hosted by a conservative at a prominent DC think tank with a large following. He claimed that MLK didn’t believe the US was systemically racist. His evidence for this claim was King’s 1963 “I Have a Dream” speech.
Actually . . .
“White Americans must recognize that justice for black people cannot be achieved without radical changes in the structure of our society.” — #MLK (Where Do We Go from Here? 1968)
“The problems of racial injustice and economic injustice cannot be solved without a radical redistribution of political and economic power.” — #MLK (speech to the SCLC board, Mar. 30, 1967)
A 🧵 about today’s SCt opinion concerning the Voting Rights Act:
For nearly a century after the Civil War, numerous southern states passed laws denying Blacks the educational and economic opportunities available to whites./1
Those states passed laws using those denials of educational/economic opportunities as a reason to deny the right to vote. States passed poll taxes and literacy tests — statues that were racially colorbkind but effectively put voting beyond the reach of black Americans./2
Despite that history, the SCt ruled today that the Voting Rights Act does not prohibit states from enacting laws that disparately impact black voters in their right to vote because of those still present educational and economic disparities./3