Tuesday, March 19, 2013

Is the Prosecution of Gosnell Really Racist?


 


Racial discrimination present among law enforcement officials is a constant topic of conversation in today’s society.  Police officers are often accused of racial profiling by people who claim that the police target certain races more than others. It seems that we are at the point where almost every arrest involving an African American suspect arrested by a white or non-black police officer has accusations of racial overtones. 

I have been a law enforcement officer for almost 23 years and have seen my share of prejudices among both white and black officers. I’m not here to defend racial discrimination or prejudices on any level but I do think that cries of “racism” are overused as a defense mechanism in today’s society.
A common theme for most defense attorneys (especially in Philadelphia courts) is that the police are racist and targeted the defendant on trial because of the defendant’s race.  In doing so, they put the focus on the accusers instead of the accused and his or her crimes. For example, Kermit Gosnell is currently on trial in Philadelphia for eight counts of murder. Gosnell is a former West Philadelphia abortion doctor who is also African American.
 
In defense of his client, Gosnell’s attorney, Jack McMahon, who is white, portrayed Gosnell as a “victim of a prosecutorial lynching by an elitist, racist prosecution.” I find this interesting since in 1997 while McMahon was a prosecutor for the Philadelphia District Attorney’s Office he was recorded on video teaching lawyers questionable techniques for “gaming the jury selection process using race as a criterion.” During the video, McMahon was quoted “The blacks from the low-income areas are less likely to convict,” McMahon said in the video. “I understand it. It’s an understandable proposition. There’s a resentment for law enforcement. There’s a resentment for authority. And as a result, you don’t want those people on your jury.”
 
 
 
Gosnell operated his clinic for 31 years in West Philadelphia, which is predominately an African American neighborhood. Many of the doctor’s patients and victims were African American. In fact, as the prosecution pointed out in response to the defense claim of racism, it was Gosnell who treated his “white female patients better than woman of color” by personally meeting with them and ordering his staff to keep him advised of their treatment. Lost among all of theatrics of playing the race card are the innocent infant victims who were allegedly butchered by this doctor (regardless of his race), who murdered them by “snipping” their spinal cords after they had been born alive.

Today's blog included a case that has been in the headlines since the arrest of Dr. Gosnell. I chose to blog on it because the trial opened this week, and involves racial overtones.  However, instead of focusing on discriminations between the police and the public, I want to examine discrimination and prejudices within law enforcement organizations themselves.

Racial discrimination is the practice of unfairly letting a person’s race or skin color affect who receives a job or promotion. Usually this affects minority men and women who feel they have been discriminated against in favor of a white person. However, there are cases where white people have claimed “reverse discrimination” where a minority individual has received favorable treatment at the expense of a white person.   

Unfortunately, many police departments do not take serious actions against racial discrimination, if at all, until an incident takes place and they are named in a lawsuit.

One recently filed case, the Galloway Township Police Department, Atlantic County, New Jersey is being sued by the only African American officer on the force alleging racial discrimination back to 2003. In addition to discrimination, the officer claims a hostile work environment, retaliation, and differential treatment. A review of the complaint which names several high ranking officers including a captain and Police Chief, cites several incidents where racial slurs were open used while the complaining office was present. The officer also claims to have been removed from a special unit because of his race.

I was amazed and saddened at how many similar cases could be found on a quick Google search. As was the case with the Galloway Township incident, many police departments spend their efforts defending the allegation but seems to spend little time and effort on sensitivity or other relevant training to take a proactive stance before problems arise. To help prevent racial discrimination, police departments should follow the lead of some of our largest corporation such as IBM for example, who has established employee task forces for almost every group employed by the company. This includes men, women, African Americans, Hispanics, Asians, Native Americans, disabled persons, gays and lesbians. The groups, meet regularly to discuss diversity and workplace concerns.
 
References:
Hillstrom, K, & Collier, L. (2002). Racial Discrimination. Encyclopedia of Small Business.(Vol. 2.). Gale Cengage.


8 comments:

  1. I am not so sure that what McMahon said is way out of line. Actually, it seems like a very likely conclusion to come to. I have lots of black friends from the poorer neighborhoods of Philly who have recounted what seemed like horror stories to me of racism by law enforcement but to them were expressed in matter of fact terms, like they were describing a typical day in their lives. However, I do agree with you that the race card is abused by the guilty to divert attention away from their culpability and I will appreciate reading your perspective about this and other issues of race and law enforcement. Great idea for a blog!

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    1. McMahon’s racial comments in the Gosnell case are legally permitted, but in my opinion, morally reprehensible. He uses race solely as a means to win his case---not because race actually played any part in the investigation or prosecution of Gosnell. In contrast, McMahon’s strategy of excluding blacks from juries while he was an ADA in Philadelphia because he believed that they tend not to convict, is NOT legally permissible today. A person cannot be excused as a juror simply on the basis of race. Batson v. Kentucky, 476 U.S. 79 (1986). Those tactics by McMahon were undertaken early in his career, when he was a prosecutor. Unfortunately, as his defense of Gosnell demonstrates, he is still using race as an inappropriate means to win his cases. Gosnell happens to be black. So are his infant victims. Racism played no part in this case and should not be used as a method of distracting the jury from the horror of Gosnell’s crimes.

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  2. I remember when this Gosnell was arrested, at no point in watching the coverage on the news for that case did i get any tone of discrimination. I think its sad that they are gonna turn this case into a racism issues when there are so many other issues involved here. And being from New York I can tell you that this race issue isn't only prevalent in Philly. I think its an issue in the big cities whether or not its this huge I guess is the problem. Great Blog, Cant wait to see what else you come up with.

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    1. When reading your post about the african American officer that worked for the Galloway Township police department I was able to reflectt on my experience with the only black man that worked for my company.He was a great person. Easy to get along with and friendly. He worked in the manufacturing department for over forty years. He retired about two years ago. When I first stared there I fiund it disturbing that his fellow workers would call him by racialnames in a joking manner. He didn't seem to be bothered by it and just laughed along. From the outside one would think he was not bothered at all by it. I was bothered though, and I wondered was he really disturbed by it on the inside? He worked with these people for most of his adult life. They would go on lunch break together and the guys woulkd say things like, Hey John Doe, are you eating fried chicken today? Some would say watch your wallet here comes John Doe. Again, he never seemed bothered by it and he clearly had friedships with these people. Great blog most Ken.

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    2. Andy, it sounds like your work friend was the victim of being bullied by adults during his whole career. I wonder if it really did not bother him, or if he just did not want to rock the boat. Sad.

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  3. How do you turn "off" discrimination?...After 23 years do you handle stereotyping better?... has it gotten worse or better? How do you cope with seeing discrimination in your field? In the last 23 yrs, in your opinion, has discrimination gotten worse or progressively better? I'm just picking your brain :)

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    1. Trina
      Good questions. Before I became a police officer, I had very little experience with discrimination and prejudice. Actually, law enforcement opened my eyes to discrimination. Overall, in my opinion, I think discrimination and prejudice has gotten worse. May be because I am constantly exposed to a negative environment where most people either resent you or are of a criminal element. This profession changes a person’s entire personality in a negative direction. No doubt that I have developed certain prejudices and stereotypes that I constantly need to work on to overcome. The discrimination is not just race however, there are also major problems with gender and political discriminations. As far as coping with it, I am currently dealing with political discriminations that caused me to lose my current position. Right now, I don’t think I am coping with it too well, still in the angry phase.

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  4. One other issue in the judicial system is that middle class people can afford good lawyers and poor minorities often can not. The discrimination will start right there, in my view, how could it not? Great post and comments here.

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