Racism, Revisited
Black Law Student Association Sponsors Panel Discussion
by Fabiana Furgal, 1L
Photos by Troy Doucet, 1L

February 26, 2008

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Capital and OSU law professors, Dan Kobil, Michael Rich and Vincene Verdun, delved deeper into the underlying issues of race which permeate current use of language and law, in a follow up panel discussion to the Black Law Student Association’s November presentation on the Jena Six. The discussion illuminated the more subtle patterns of racism in modern day society that are often overlooked when examined in a formal setting such as a court room. Only when one applies the appropriate historical and social contexts to these subtle patterns, can one correctly perceive the racism that continues today.

The discussion, moderated by Capital Law Professor Dan Kobil, began with patterns that proffer the continued existence of racial inequity in the criminal justice system. Professor Rich, who teaches criminal law and evidence at Capital, discussed the disparate treatment of blacks and whites in the sentencing process at both the federal and state level. In Ohio, specifically, an African-American is six times more likely to be incarcerated than a Caucasian-American. This statistic is predicated upon the low socio-economic status of a large portion of the African-American population in the U.S., which results in their restricted access to adequate legal counsel.

The disproportionate treatment by the law of crack verse cocaine offenses further illustrates the inequity that exists along racial lines, Professor Rich noted. He discussed the media frenzy that followed the emergence of crack, a cheaper incarnation of cocaine, that is prevalent in lower-income and predominantly minority communities. Although scientific studies have established the relatively similar chemical composition and effects of the two drugs, the law has consistently treated crack offenders more harshly. This disparity in treatment follows the pattern of modern day racism that is elucidated by social context.

Vincene Verdun, a professor of law at Ohio State University, explored the historical context that frames the subtly oppressive language of today. She exemplified this pattern with words used by former presidential hopeful Joe Biden about current presidential contender Barack Obama. Biden described Obama as an “articulate” candidate, which Verdun observed, is speciously complimentary. She suggests that one would not reference a white presidential candidate as “articulate” because we automatically presume this to be true. Verdun explained that back-handed compliments such as these, perpetuates historically racist perceptions in our society.

The provocative discussion concluded with comments from the audience, comprised of both students and staff at Capital.