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It Appears We’re In the Desert: A Conversation about Arizona, Immigration Law, and Race: Part 1
Yesterday I was listening to Sean Hannity’s nationally-syndicated radio program. He was savaging Attorney General Eric Holden for having apparently conceded, under Congressional questioning, that he had not yet read the new Arizona statute making it a state-level crime to be in the United States illegally. This, despite the fact that Holder had on more than one occasion registered concern over the law’s potential for promoting racial profiling—which, Hannity pointed out repeatedly to his listeners, the language of the statute explicitly forbade. While I was listening to the show no one called in, or was allowed on the air, to point out to Hannity that racial profiling can no more be “forbidden” than it can be codified. Any statute codifying racial profiling would be nullified by any court in the United States, state or federal, before it could be enacted; likewise, any statute claiming to outlaw racial profiling would be just as toothless and irrelevant, whether or not it passed judicial muster as a mere reiteration of the Fourteenth Amendment.
For years conservatives of Hannity’s ilk have been hard at work turning the cottage industry of spreading misinformation about the criminal justice system into a veritable empire of criminal justice-related misinformation. Dick Wolf’s endlessly syndicated and replicated Law & Order series has done more to intentionally misinform the American public about its system of laws than any determined propaganda campaign of the twentieth century, and I include in this all of the most infamous propaganda campaigns of that bloody century. Those who watch Wolf’s politically-charged tripe regularly are not merely uninformed about the operations of police and prosecutors in the United States, they are in fact less knowledgeable about our national system of criminal justice than those with absolutely no awareness of it whatsoever—for instance, a child of seven living in a lightly-policed suburban enclave somewhere in middle America. Every episode begins with a studied, deliberate lie: police officers, while often courageous, often honorable, and undoubtedly critical players in American society, in no way whatsoever represent “the people,” as we are so sagely informed by voice-over actor Steven Zirnkilton at the beginning of every hour-long Law & Order. Nor do the “district attorneys, who prosecute the offenders,” represent the “people” (the full text of Wolf’s seminal deceit: “In the criminal justice system, the people are represented by two separate yet equally important groups: the police, who investigate crime, and the district attorneys, who prosecute the offenders. These are their stories”). As anyone who’s stepped into a courtroom is well aware, both police officers and prosecutors represent the awesome power of our state and federal governments. They are not beholden to the citizenry of their district, or their state, or their country. Their employers and, yes, masters are government officials, some of whom are elected, some of whom are appointed, some of whom are merely bureaucrats. Were the entire population—every man, woman, and child—of some American hamlet to object to the government-authorized investigation and prosecution of a given offense, the police officers and district attorneys of that hamlet would not only be under no obligation to acknowledge such objections but indeed under every imaginable obligation to ignore them entirely. In the criminal justice system, the only representative the “people” have is the jury, a body composed of twelve ordinary citizens from the legally-defined subdivision in which the offense allegedly occurred. And if there’s one maxim in the criminal justice system, it’s that police and prosecutors would far prefer to try a case before a judge—another government official—than any sampling of the “people.” More than nine times out of ten. Draw your own conclusions. (That conservatives have dressed up “tort reform,” which is definitionally a hatred of citizen-comprised juries, as, instead, a hatred of effete attorneys is just another indication of the spite so many Republicans have for their fellow Americans.)
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