HARVARD RESEARCHERS LOOKED INTO THE DIFFERENCES
BETWEEN JUDGES WHO ARE APPOINTED BY DEMOCRATS VERSUS
REPUBLICANS AND HOW THAT IMPACTS THEIR SENTENCING DECISIONS.
ARE THERE DIFFERENCES AND IF SO, WHAT ARE THEY?
THE RESEARCHERS FOUND
THE FOLLOWING:
THEY FOUND THAT REPUBLICAN APPOINTED JUDGES ARE LIKELY TO
BE HARSHER ON BLACK CRIMINALS WHEN IT COMES TO SENTENCING
AND ARE MORE LENIENT WHEN IT COMES TO FEMALES WHEN IT
COMES TO SENTENCING.
I HAVE TO BE HONEST, I WAS SURPRISED BY THE FEMALE
CONVICTS IN THIS CASE.
I AM A LITTLE IFFY ON THAT PART OF IT BECAUSE WHILE THE DATA
MIGHT PROVE THAT TO BE TRUE, I DO THINK THAT GIVING JUDGES MORE
DISCRETION IS IMPORTANT BECAUSE IF YOU START DOING MANDATORY
MINIMUMS AND THINGS LIKE THAT, OFTENTIMES THOSE MANDATORY
MINIMUMS ARE INFLUENCED BY THE PRIVATE PRISON INDUSTRY AND
THOSE WHO WANT TO IMPRISON PEOPLE FOR LONGER PERIODS
OF TIME BECAUSE THERE IS A PROFIT MOTIVE BEHIND THAT
SO I DO LIKE JUDGES HAVING MORE DISCRETION BUT ACCORDING TO THE
DATA IN THIS STUDY, THERE ARE DOWNSIDES TO THAT IN SOME CASES.
I THINK THAT IS A REALLY TOUGH QUESTION, ESPECIALLY
WHEN YOU DIVE INTO THE DATA HERE.
1ST, LET'S BE FAIR TO REPUBLICAN JUDGES IN A COUPLE OF
DIFFERENT WAYS.
IF YOU ARE A WOMAN, WELL, YOU WANT TO DRAW A REPUBLICAN
JUDGE, THEY ARE GOING TO BE MORE LENIENT ON US IN A POINTED OUT.
IT'S NOT REALLY FAIR TO MEN, BUT REPUBLICAN JUDGES ARE NOT
THE ONLY ONES THAT DISCRIMINATED AGAINST AFRICAN-AMERICAN
DEFENDANTS.
THEY JUST DO IT MORE, SO ON AVERAGE, AFRICAN-AMERICAN
DEFENDANTS GET 4.8 MORE MONTHS FOR THE SAME CRIMES THAT
WHITE DEFENDANTS DO, SO YOU MIGHT NOT KNOW WHAT WHITE
PRIVILEGES OR MY NOT EXPERIENCING IN YOUR LIFE,
BUT THAT IS THE WHOLE POINT OF THE PHRASE OF WHITE
PRIVILEGE IS THAT YOU NEVER SEE IT IF YOU ARE WHITE.
IF YOU DO NOT KNOW THAT YOU GOT FIVE MONTHS IN PRISON LESS
THAN A BLACK I DID FOR THE SAME CRIME SO AS YOU ARE SITTING
IN PRISON, YOU DO NOT FEEL LIKE YOU HAVE WHITE PRIVILEGE.
YOU DON'T HAVE YOU READ YOU'RE NOT RIGID ON A POWER, YOU
ARE SITTING IN A JAIL CELL.
WE DON'T KNOW IS YOU GOT FIVE MONTHS LESS THAN A BLACK
MAN FIRST THE SAME THING.
PEOPLE FIND IT OFFENSIVE OR AT LEAST DIFFICULT TO ACCEPT OR
UNDERSTAND WHAT THE WHOLE NOTION OF WHITE PRIVILEGE IS BECAUSE
IT IS BASICALLY ACCEPTING THAT YOU ARE NOT EXPERIENCING
CERTAIN THINGS AND SO IF YOU ARE NOT EXPERIENCING THINGS THEN
IT IS HARD FOR YOU TO UNDERSTAND IT SO IF YOU ARE GETTING A
SHORTER PRISON SENTENCE YOU MIGHT NOT KNOW THAT.
I DON'T WANT TO GET INTO A WHOLE DISCUSSION ABOUT WHY PRIVILEGE
AGAIN BECAUSE PEOPLE WHO WANT TO UNDERSTAND IT DO PEOPLE WHO
DON'T WALL AND THEY WILL GET TRIGGERED BY IT BUT LET'S GET
GOING WITH THE FACTS THOUGH THIS IS MY INTERPRETATION OF IT BASED
ON OBVIOUS MATH HERE BUT DEMOCRATIC JUDGES, THEY GIVE
ABOUT TWO MONTHS MORE TO BLACK DEPENDENT DEFENDANTS THAN WHITE
DEFENDANTS AS WELL BUT REPUBLICANS GAVE EVEN MORE
SENTENCING, LONGER SENTENCES TO BLACK THAN DEMOCRATS DO.
ALSO THIS IS A SMALL DISTINCTION AND TAKE IT FOR WHAT IT IS
WORTH BUT WE ARE SPECIFICALLY TALKING ABOUT JUDGES
APPOINTED BY REPUBLICANS VERSUS JUDGES APPOINTED BY DEMOCRATS.
WE ALL KNOW IT IS MORE LIKELY THAT A REPUBLICAN WILL
APPOINT A REPUBLICAN JUDGE AND DEMOCRATS WILL DO THE SAME
BUT THAT IS A STILL AN IMPORTANT DISTINCTION.
I HEAR YOU BUT PEOPLE HANG THEIR HATS ON THOSE
SEMANTICS AND IT'S NONSENSE.
REPUBLICANS VUTE IN REPUBLICAN WAYS.
GORSUCH SAYS THERE ARE NO REPUBLICAN OR DEMOCRAT
JUDGES BUT THEN VOTES WITH THE REPUBLICANS EVERY TIME.
OF COURSE THERE ARE.
SOMETIMES THEY ARE EVEN ELECTED AND THEY ARE IN A POLITICAL
PARTY.
NOW LET'S TALK ABOUT JUDGES FROM STATES THAT ARE HISTORICALLY
MORE RACIST SO WAY, HOW DO YOU DETERMINE IF ESTATE IS A RACIST?
THEY HAD AN INTERESTING PROXY FOR THAT.
WHAT IS THE POLLING ON WHETHER YOU THINK INTERRACIAL
MARRIAGE IS NOT ACCEPTABLE.
IF YOU LIVE IN A STATE WHERE THERE IS A HIGHER PERCENTAGE
OF PEOPLE WHO THINK INTERRACIAL MARRIAGE IS UNACCEPTABLE OR
SHOULD BE ILLEGAL, THE SOUTH, BUT NOT JUST THE SOUTH.
IF YOU LIVE IN A STATE LIKE THAT THEN BLACK DEFENDANTS ARE
TREATED EVEN MORE HARSH THAN WHITE DEFENDANTS SO YES, IT IS
CULTURAL IN SOME WAYS SO WHEN PEOPLE SAY WE ARE PROUD OF OUR
HERITAGE, THERE ARE GOOD THINGS TO BE PROUD OF EVERYWHERE
INCLUDING IN THE SOUTH BUT THERE ARE ALSO BAD PARTS SO IN THIS
CASE THAT CULTURE OF RACISM SEEPS DOWN AND IT DOESN'T MEAN
EVERYONE IN THE STATE IS OR EVERY REPUBLICAN JUDGES BUT ON
AVERAGE, IT DOES SEEM DOWN SO THAT BLACK PEOPLE GET MORE
PRISON TIME THAN WHITE PEOPLE FOR THE SAME CRIMES.
AND IT IS IMPORTANT TO REALLY EMPHASIZE THAT.
SO HOW WAS THE STUDY DONE, WHAT WAS THE METHODOLOGY?
AS I MENTIONED IT WAS DONE BY TWO HARVARD RESEARCHERS AND
ALMA COHEN AND CRYSTAL YANG ARE THE RESEARCHERS WHO DID THAT.
GO TO GRAPHIC 38.
HERE'S THE METHODOLOGY.
ONE OF THE
REASONS WHY THIS PARTICULAR STUDY IS GETTING SO
MUCH ATTENTION IS BECAUSE OF ITS LENGTH AND BECAUSE OF HOW
EXTENSIVE IT WAS AND SO PEOPLE WHO STUDY CRIMINAL JUSTICE
ARE LOOKING AT THIS AS INCREDIBLY IMPORTANT DATA.
THIS IS NOT A POLITICALLY MOTIVATED FLAWED STUDY,
THIS IS A PEER-REVIEWED STUDY THAT AGAIN WAS DONE OVER A
LONG PERIOD OF TIME AND OF COURSE, THEY MADE SURE TO
LOOK AT PEOPLE WHO WERE CHARGED AND CONVICTED OF THE SAME
CRIME IN ORDER TO COMPARE THESE DISPARITIES.
ANOTHER FINDING THAT I THOUGHT WAS INTERESTING WAS THAT
BLACK JUDGES TREAT MALE AND FEMALE
OFFENDERS MORE FAIRLY.
IT TURNS OUT IF YOU ARE A BLACK REPUBLICAN YOU MIGHT LIKE
LOWER TAXES BUT YOU DON'T NECESSARILY THINK BLACK
PEOPLE ARE DANGEROUS BECAUSE YOU ARE BLACK.
BY THE WAY, IT IS NOT ALWAYS THE CASE BUT IT TURNS OUT ON
AVERAGE FOR JUDGES IT IS THE CASE.
THEY LOOKED AT HALF A MILLION DEFENDANTS.
THIS IS AN EXCELLENT STUDY.
I ACTUALLY THINK THEY WENT OVER THE TOP AND TRYING TO POINT
OUT HOW FAIR AND NONJUDGMENTAL THEY WERE TAUGHT IN ONE
CASE THEY TALKED ABOUT, THEY SAID LOOK, WE ARE NOT
JUDGING WHETHER THIS IS A RIGHT OR WRONG THING.
WHAT YOU MEAN?
BLACK PEOPLE ARE GETTING LENGTH AND LENGTHIER SENTENCES
THAN WHITE PEOPLE FOR THE SAME CRIME.
YOU CAN JUDGE THAT, THAT IS A BAD THING.
IT IS LIKE BENDING OVER BACKWARDS, RIGHT WING,
MAYBE IT IS AN OKAY THING TO BE RACIST AGAINST BLACK PEOPLE.
LET ME READ YOU THE EXACT QUOTE BECAUSE LET'S REPRESENT
THEM ACCURATELY.
THEY SAID THE FOLLOWING:
THAT IS WHAT THEY SAID.
YES, AND I'M NOT TRYING TO DENIGRATE THEM, THEY DID AN
AMAZING STUDY BUT THAT QUOTE IS SAYING MAYBE IT IS OKAY FOR
REPUBLICANS TO SEND SENTENCE OF BLACK PEOPLE TO LONGER
TERMS THAN WHITE PEOPLE.
TODAY THINK THAT?
I HOPE NOT BUT THIS IS WHAT HAPPENS WHEN THE RIGHT-WING
ATTACKS EVERYONE ENDLESSLY.
THIS IS MY SPECULATION SO TAKE IT FOR WHAT IT IS WORTH.
MY READ IS THAT THEY DO NOT WANT ANYONE TO THINK THAT THIS
RESEARCH WAS DONE WITH POLITICAL MOTIVATIONS.
THEY WANTED TO FIND ACCURATE DATA AND MAKE SURE THAT IT
IS CLEAR THAT IT IS ACCURATE DATA THAT IS NOT
POLITICALLY MOTIVATED BECAUSE THEY KNOW THIS IS A
SENSITIVE TOPIC THAT THEY WILL PROBABLY GET ATTACKEDÖ
AND I'M SURE THAT A LOT OF THE RIGHT WING WILL GO, GOD THEY
SAID THAT BECAUSE I THINK LIKE PEOPLE SHOULD GET HIGHER
SENTENCING FOR THE SAME CRIMES AS BLACK PEOPLE, BECAUSE
THEY'RE MORE DANGEROUS THAT YOU THINK THEY WILL SAY THAT?
THEY WILL SAY THAT IN THE COMMENT SECTION OF THIS VIDEO.
AND THE NEW YORK TIMES BENT OVER BACKWARDS AND SAYS IT WAS
1999 AND 2013 AND SINCE IN THE REPUBLICAN PARTY HAS PUSHED
FOR SENTENCING REFORM.
SOME OF THAT IS A TINY BIT TRUE.
DO YOU THINK THAT HAS AFFECTED ALL OF THE JUDGES IN THE
COUNTRY ALREADY.
RAND PAUL SAYS HE WANTS HIM SENTENCING REFORM.
NEVERMIND EVERYBODY, THEY DON'T EVEN KNOW THEY ARE DOING IT.
TO BE FAIR TO THEM, THE JUDGES AREN'T GOING AROUND SAYING
I HATE BLACK PEOPLE, I AM RACIST, I'M GOING TO MAKE
SURE THAT THE BLACK PERSON GETS MORE TIME AND I HATE
GUYS AND I'M GOING TO MAKE SURE THE GUY GETS MORE TIME.
NO, IT IS SUBCONSCIOUS BIAS.
IT IS IMPLICIT BIAS, THAT
IS WHAT WE ARE TRYING TO EXPLAIN TO YOU AND THEY LOOKED A HALF
1 MILLION CASES, IT IS CLEARLY THERE.
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