The many debates on systemic racism in America are flawed

Author: fauxlaw

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@Fruit_Inspector
The problem I see is that you are associating crack with the black identity - with blackness. This ideology then perpetuates racial stereotypes that black people are crack addicts, even if unintentionally.
i believe "the point" here is that there is no LOGIC behind the disparity in sentencing between different forms of the same substance.

whether or not it was "intended" to "discriminate" "against" "the black community" or not, IN PRACTICE it very clearly had that effect.

So, FUNCTIONALLY INDISTINGUISHABLE from "systemic racism".
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@Double_R
Question: Once the gun goes off, aren’t the rules for everyone at that point, equal?
No, because as the race organizer, you have established a system, a timed 400M race. However, you have then arbitrarily altered the conditions of the system, without making a change to the system, by not starting the clock simultaneously for all runners. You allow a group of runners a 100M start without starting the clock until they complete the 100M distance. Theoretically, one of that initially untimed group will likely reach the finish line first, but you have violated the rules [the system] by two factors:
1. Not all runners were started simultaneously
2. Since the race is both a time and distance race for all runners, time has been deleted as an equal and impartial qualifier of winning, even though the distance remains the same for all runners.

Both factors are violations of the system by the organizer, acting, not within the system, but outside the system, on an individually chosen basis. Individual, not systemic discrimination.
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@3RU7AL
REFINED SUGAR IS RESPONSIBLE FOR MORE DEATHS THAN HEROIN.
Okay. I just wanted to make sure I was absolutely clear that you believed refined sugar is more morally and physically destructive than heroin.


whether or not it was "intended" to "discriminate" "against" "the black community" or not, IN PRACTICE it very clearly had that effect.
Should we also assume that when a law benefits one racial group over others that, whether the benefit was intentional or not, the law is racist? Or at least functionally indistinguishable from systemic racism?

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@Fruit_Inspector
whether or not it was "intended" to "discriminate" "against" "the black community" or not, IN PRACTICE it very clearly had that effect.
Should we also assume that when a law benefits one racial group over others that, whether the benefit was intentional or not, the law is racist? Or at least functionally indistinguishable from systemic racism?
There is no reason to use the word "racist" which strongly implies some level of "intention" (QUALIA).

The aim here is to identify systemic failures and FIX THEM.

Can we agree that there are systemic failures that need to be fixed ?
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@3RU7AL
This from post #61...
whether or not it was "intended" to "discriminate" "against" "the black community" or not, IN PRACTICE it very clearly had that effect.

So, FUNCTIONALLY INDISTINGUISHABLE from "systemic racism".
...doesn't seem to match this from post #64
There is no reason to use the word "racist" which strongly implies some level of "intention" (QUALIA).
Especially given the wording of my question.
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@Fruit_Inspector
Should laws that are intended to benefit one racial group over others also be considered racist then?
Laws intended to benefit one group over another I would call racist. Laws intended to level out the playing field by targeting minorities who have been historically marginalized… I would not.

My problem with this line of reasoning is that it requires one to create racial identities that apply to everyone in the group. Crack becomes associated with blackness, and cocaine with whiteness.
What created that was reality, not my line of reasoning. The laws then followed.

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@fauxlaw
Both factors are violations of the system by the organizer, acting, not within the system, but outside the system, on an individually chosen basis. Individual, not systemic discrimination.
Wow, you really twisted that example into whatever you wanted just so you wouldn’t have to deal with it.

The system was set up so that black people started 400 meters back while white people started 300 meters back. You can’t argue anything was outside the system when that’s literally the way the rules were set up from the beginning.

From there once the gun goes off, the rules are the same for everyone - first one to the finish line wins. So since the rules are the same *at that point* don’t we then consider all of the inequalities at the outset no longer existent?

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@Double_R
Laws intended to benefit one group over another I would call racist. Laws intended to level out the playing field by targeting minorities who have been historically marginalized… I would not.
You just completely contradicted yourself. Let me illustrate using your quote:

  • "Laws intended to benefit [white people] over [black people] I would call racist.
  • "Laws intended to benefit [black people] over [white people] I would [not] call racist."
There is a serious problem here. The first and foremost being that you are using the concept of systemic racism (i.e. super secret invisible racism) to justify actual racism.

What created that was reality, not my line of reasoning. The laws then followed.
So to be clear, you are agreeing with me that crack being a part of the black identity is not just a logical conclusion, but it is simply reality? Or, it is true that crack is actually a part of blackness?
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@Double_R
But, your example varies entirely from my argument, that CURRENT statutes and procedural policies no longer have Jim Crow, or any other racially biased content, at any level of jurisdiction. They used to, but they were legislatively and procedurally banned and eliminated, by several factors, including the 1964 Civil Rights Act, and those racist laws have been, by now, completely stricken from law and policy, which I why I can challenge anyone, even you, to show me a current law or policy that has racially biased content, at all. No one has ever been able to demonstrate a single instance. So, you throw out a wish balloon by a fictitious 400M race. Sorry, your come back is flat, Keep blowing.
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@oromagi
I understand the distinction you are making.

  • So when Ronald Greene was beat to death by six Louisiana State troopers on May 10, 2019 that was not SYSTEMIC RACISM because no law allowed those troopers to beat an unarmed man to death as punishment for resisting arrest.
  • And when those troopers lied on their arrest reports and lied to Greene's widow saying that Greene had died in an auto accident, that was not SYSTEMIC RACISM because no law allowed those troopers to lie and cover up their murder of Greene.
  • And when those troopers turned off their body cameras or else lied about having any body camera footage of the murder that was not SYSTEMIC RACISM because the law clearly states that those troopers must have their body cameras running at all times.
  • And when the County Coroner falsely attributed Greene's death to car accident and made no report of the many deep lacerations and bruises and taser prongs stuck in Greene's body, that was not SYSTEMIC RACISM because the law clearly requires the County Coroner to make accurate statements during an autopsy.
  • And when Troop F commanders threatened internal investigators who wanted to charge the troopers that was not SYSTEMIC RACISM because by law police commanders are supposed to charge known murderers and not cover up when the murders are committed by co-workers.
  • And when the Louisiana State Patrol refused to release any body camera footage or discuss Greene's death for two years that was not SYSTEMIC RACISM because  state officials are not allowed by law to knowingly cover up internal investigations or conceal evidence in  a murder.
  • And when the Governor of Louisiana backed the LSP's refusal to release body camera footage or discuss Greene's death because investigation were still active two years out that was not SYSTEM RACISM because Governor's are not permitted by law  to knowingly conceal evidence of a murder.
  • And when the LSP decided to scapegoat one officer and that officer then died in a car accident a few hours later that was not SYSTEMIC RACISM because state officials are not allowed by law to scapegoat one man for a murder done by six men.
  • And when the LSP slapped a different officer on the wrist and refused to charge the rest of the murderers with anything, in spite of the recommendations of internal investigators and in spite of the active cover up, that was not SYSTEMIC RACISM because police officers are required by law to charge people with murder when detectives have determined that a murder has been committed.
  • And when evidence emerges that Troop F has a long history of accusations of racially motivated violence against black motorists around Monroe, LA and a long history of cover-ups and most of Troop F command resigns to avoid any backlash, that is not SYSTEMIC RACISM because the law does not allow for racially motivated violence against motorists and the law requires the State to prosecute those officials who cover up such incidents.
So, while any reasonable person might conclude that Troop F, the Louisiana State Patrol and the highest-ranking state officials all worked together as an institution to promote racist violence, created a system that covered-up racist violence and therefore forgave if not actively encouraged racist violence no person might reasonably call that system of racist violence SYSTEMIC RACISM so long as the definition of SYSTEMIC RACISM only accounts for the TEXT of current statutes and procedural policies and never accounts for the conduct of racist institutions and systems which may only  be properly seen as large interdependent hierarchies of  officially appointed individuals, independently breaking the law en masse and never as part of any inherently racist system.

I understand the distinction you are making.
These anecdotes are potentially explainable by the police not wanting to be caught for abusing their power. Just because there was (I assume) white on black violence, that does not mean:
(1) That there was racial animosity
(2) That there is "systemic racism"

It's absolutely possible that these police officers beat this black man to death because they harbored racial animosity. However, this hasn't been proven by what you've provided, and is quite frankly a dreadful way to form an argument.

The overwhelming majority of people don't announce the reasons for the their actions, especially if they're based upon racial animosity. For example, someone bumping into someone else in a store isn't going to announce, "I'm going to bump into you because you're black". So what then happens if that people are left to make an inference as to what has happened based on their feelings (a very error-prone process), rather than *knowing* the intent of the person. 

The validity of this inferencing this way was tested in the 1980 paper 'Perceptions of the impact of negatively valued characteristics on social interaction' (PDF) Perceptions of the impact of negatively valued characteristics on social interaction (researchgate.net) . People in this experiment were told that they were going to have a fake scar drawn onto their face (through make-up artistry), or that they were going to have a different medical sheet (that said they had epilepsy) that a medical person would see, and then they were going to interact with the medical person. The participants in the experiment claimed that the medical person was condescending, discriminatory, didn't like them etc. The catch was that no scar had been put on their face, and no medical sheet had been altered at all -- the people's perception of their false reality warped how they viewed the interactions.

Similarly, black people have been repeatedly told by the media and educational institutions that there is "systemic racism," lingering feelings of racial oppression, White people are super "racist" against them etc. (the analogy: been told that they have a scar on their race, been told their medical records are altered). Thus, black people begin to view their interactions through this perceived reality **without** establishing it's right in the first place (the analogy: seeing that they have a scar, seeing that their medical records have been altered).

This is why we don't infer intent from anecdotes: it's notoriously unreliable.

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@oromagi
...state officials all worked together as an institution to promote racist violence, created a system that covered-up racist violence
No, that is not the distinction I am making. My argument is that all the actions of all those levels of law enforcement are Not acting as an institution; they are acting against the institutional requirements, which are the system. They are not creating anything but chaos, because the system is already defined; they all collectively ignore it. That is individual racism, even when exhibited by a large group. Individual racism can be calculated and executed, just as working within the system is.
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@Double_R
Laws intended to benefit one group over another I would call racist.
That's called affirmative action. 
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@fauxlaw
...state officials all worked together as an institution to promote racist violence, created a system that covered-up racist violence
No, that is not the distinction I am making. My argument is that all the actions of all those levels of law enforcement are Not acting as an institution; they are acting against the institutional requirements, which are the system. They are not creating anything but chaos, because the system is already defined; they all collectively ignore it. That is individual racism, even when exhibited by a large group. Individual racism can be calculated and executed, just as working within the system is.
Well stated.
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@Mesmer
The overwhelming majority of people don't announce the reasons for the their actions, especially if they're based upon racial animosity. For example, someone bumping into someone else in a store isn't going to announce, "I'm going to bump into you because you're black". So what then happens if that people are left to make an inference as to what has happened based on their feelings (a very error-prone process), rather than *knowing* the intent of the person. 
Any system of justice that pretends to quantify "intent" is functionally indistinguishable from witchcraft.
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@Mesmer
The catch was that no scar had been put on their face, and no medical sheet had been altered at all -- the people's perception of their false reality warped how they viewed the interactions.
Humans are naturally more empathetic towards other humans who look and or are perceived to be more similar to themselves.

This applies to much more than simply "skin-tone" but certainly includes "skin-tone".
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@fauxlaw
But, your example varies entirely from my argument, that CURRENT statutes and procedural policies no longer have Jim Crow, or any other racially biased content, at any level of jurisdiction. They used to, but they were legislatively and procedurally banned and eliminated, by several factors, including the 1964 Civil Rights Act, and those racist laws have been, by now, completely stricken from law and policy, which I why I can challenge anyone, even you, to show me a current law or policy that has racially biased content, at all. No one has ever been able to demonstrate a single instance. So, you throw out a wish balloon by a fictitious 400M race. Sorry, your come back is flat, Keep blowing.
EXPLICIT references to "the caucasian race" have been removed from the TEXT of current laws (mostly they are ignored in the cases where they have not been LITERALLY removed from the text).

hoWEVeR, there are still undeniably DISPARATE legal outcomes that cannot be LOGICALLY JUSTIFIED (without considering "skin-tone").

The "powder-cocaine" versus "crack-cocaine" sentencing disparity is only one example of this.
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@Fruit_Inspector
So to be clear, you are agreeing with me that crack being a part of the black identity is not just a logical conclusion, but it is simply reality? Or, it is true that crack is actually a part of blackness?
You're missing the point.j

Sure, "crack-cocaine" is more popular among "blacks" than among "whites".

NOBODY IS DISPUTING THIS BECAUSE IT IS A DEMONSTRABLE FACT.

"Crystal-meth" is more popular among "whites" than among "blacks", this does not imply that "crystal-meth" is "actually a part of whiteness" as you might say.

Some products and some activities and some foods are more popular among some regional and or culturally identifiable groups.

This does not mean that ALL members of that regional and or culturally identifiable groups prefer that particular product and or activity and or particular food.

And it also does NOT mean that any particular product and or activity and or food is INTRINSIC to any particular regional and or culturally identifiable group.


NOW,

can you identify a reasonable, logical, rational hypothesis that explains why "powder-cocaine" and "crack-cocaine" are treated differently under the law ?
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@3RU7AL
The "powder-cocaine" versus "crack-cocaine" sentencing disparity is only one example of this.
Show me the current statute allowing that disparity. Show me the departmental policy that allows it. You cannot because it doesn't exist. It is individual choice to creep.

Show me the person who, while driving, always stops at stop signs, and does not merely slow down, and begin a creep, then a full throttle progress through the intersection. It's the creep, by individual choice, that is your disparity because the law simply does not document it. The law, the policy, demands a full stop.

Why is that so hard to understand? Why do you all seem to think that because people do that creep, it must by systemic? It is chronic, it is even pandemic, but it is NOT systemic. The system is documented; the creep is by ignorant and deliberate choice.


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@3RU7AL
Consider this interaction:
Fruit_Inspector: My problem with this line of reasoning is that it requires one to create racial identities that apply to everyone in the group. Crack becomes associated with blackness, and cocaine with whiteness.
Double_R: What created that was reality, not my line of reasoning.

Double_R seems to have made his point quite clear, so I will let him correct his post if he disagrees with me. I actually hope that you disagree with him on this point.

Now, to your question:
can you identify a reasonable, logical, rational hypothesis that explains why "powder-cocaine" and "crack-cocaine" are treated differently under the law ?
That depends. Do you believe that cocaine should even be illegal? Because if you don't (as with heroin), there is no point in going down this road.

Finally, you said in post #61 that if a law discriminates against a particular race, even if it is unintentional, it is still functionally indistinguishable from systemic racism. You used this to point to crack/powder cocaine laws as an example of systemic racism, or at least a functional equivalent to it. So I am still looking for clarity about whether laws or policies that benefit one racial group over another are examples of systemic racism, or at least a functional equivalent to it.
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@Fruit_Inspector
That depends. Do you believe that cocaine should even be illegal? Because if you don't (as with heroin), there is no point in going down this road.
You seem to be leaping to the conclusion that I'm pursuing an agenda.

You seem to be leaping to the conclusion that I'm interested in "motivated reasoning".

You seem to be leaping to the conclusion that I'm engaged in "post-facto rationalization".

I'm only interested in CONDITIONAL STATEMENTS.

(IFF) ... (THEN) ...

I only mentioned my PERSONAL OPINION on a question that you specifically asked, specifically about my PERSONAL OPINION (and then failed to follow-up on).

THEREFORE,

(IFF) powder cocaine is considered "dangerous" enough to warrant scores of specialized officers and untold millions of dollars worth of military grade equipment and the corresponding erosion of individual rights and freedoms associated with this particular enforcement mechanism (AND) "crack" cocaine is NOT demonstrably MORE "dangerous" than powder (THEN) the law should treat violators EXACTLY THE SAME

nOtice that I AM NOT DISPUTING the "DANGER" here.

nOtice that I AM NOT DISPUTING the ENFORCEMENT MECHANISM here.
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@Fruit_Inspector
Finally, you said in post #61 that if a law discriminates against a particular race, even if it is unintentional, it is still functionally indistinguishable from systemic racism. You used this to point to crack/powder cocaine laws as an example of systemic racism, or at least a functional equivalent to it. So I am still looking for clarity about whether laws or policies that benefit one racial group over another are examples of systemic racism, or at least a functional equivalent to it.
Great question.

For example, if a hypothetical government does something like, I don't know, something maybe perhaps like, cutting estate taxes for people with a net worth over one million, and, hypothetically now, let's say, that just happens to benefit "non-black" individuals disproportionately, could that tax cut be considered functionally indistinguishable from "systemic racism" ?

Is this what you're asking ?
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@fauxlaw
The "powder-cocaine" versus "crack-cocaine" sentencing disparity is only one example of this.
Show me the current statute allowing that disparity. Show me the departmental policy that allows it. You cannot because it doesn't exist. It is individual choice to creep.
A comprehensive examination of the 100-to-1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5-year federal prison sentence, while distribution of 500 grams of powder cocaine carries the same 5-year mandatory minimum sentence. [**]
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@3RU7AL
100-to-1 crack versus powder cocaine sentencing disparity 
Your citation of an ACLU study does reference the 1986 Anti-Drug Abuse Act, affecting Title 21 USC [specifically, §841], but that law says nothing with regard to sentencing guidelines being adjusted by race, so your citation means nothing. If people in the system of criminal justice are making sentencing guidelines based on race, they do so contrary to this, and every other law by elimination of racial profiling in any jurisdiction on any matter, because that is the law of the land, and all such laws have been eradicated. It is individual racism, not systemic. Individuals can act in groups, and that does not make the matter systemic. Systemic is defined as being  legislated, documented law or procedural policy, and only that.

Again, show me any law, or official policy, not some study that alleges systemic racism. Allegations are rampant; the real deal is, so far, evasive, and it will continue to be so.
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@3RU7AL
Regarding your post #80, you interjected into the interaction between me and Double_R. The point was about associating crack with the black identity. I'm glad you disagree with Double_R, but you are now trying to discuss various punishments for using different forms of crack. We have already had a similar conversation and I don't intend to have it again, especially if I don't even know whether you believe recreational use of cocaine should be illegal. But to make it a conditional statement:

If you believe that recreational use of cocaine should be legal, then I have no interest in discussing various punishments for the recreational use of cocaine.


For example, if a hypothetical government does something like, I don't know, something maybe perhaps like, cutting estate taxes for people with a net worth over one million, and, hypothetically now, let's say, that just happens to benefit "non-black" individuals disproportionately, could that tax cut be considered functionally indistinguishable from "systemic racism" ?

Is this what you're asking ?
No.

If I intended to ask you that question, I would have asked it. So, let me ask the question I intended to ask again so there's no confusion:

Should we assume that laws or policies that benefit one racial group over another are examples of systemic racism, or at least a functional equivalent to it?
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@Fruit_Inspector
If you believe that recreational use of cocaine should be legal, then I have no interest in discussing various punishments for the recreational use of cocaine.
There is no need to "explain yourself".

(IFF) you don't want to talk about any particular subject for any particular reason (THEN) simply don't talk about it
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@Fruit_Inspector
Should we assume that laws or policies that benefit one racial group over another are examples of systemic racism, or at least a functional equivalent to it?
Please provide a specific example.
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@fauxlaw
Again, show me any law, or official policy, not some study that alleges systemic racism. Allegations are rampant; the real deal is, so far, evasive, and it will continue to be so.
FUNCTIONALLY INDISTINGUISHABLE FROM "SYSTEMIC RACISM" EVEN IFF THE THERE IS NO EXPLICIT REFERENCE TO SKIN-TONE IN THE LETTER OF THE LAW
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@fauxlaw
Again, show me any law, or official policy, not some study that alleges systemic racism. Allegations are rampant; the real deal is, so far, evasive, and it will continue to be so.
(IFF) powder cocaine is considered "dangerous" enough to warrant scores of specialized officers and untold millions of dollars worth of military grade equipment and the corresponding erosion of individual rights and freedoms associated with this particular enforcement mechanism (AND) "crack" cocaine is NOT demonstrably MORE "dangerous" than powder (THEN) the law should treat violators EXACTLY THE SAME

nOtice that I AM NOT DISPUTING the "DANGER" here.

nOtice that I AM NOT DISPUTING the ENFORCEMENT MECHANISM here.
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@3RU7AL
Well it shouldn't be very controversial to take a stance on whether laws or policies intended to benefit a particular racial group is racist.

But an example might be affirmative action type programs. Such are intended to benefit minorities in terms of college admittance or access to financial resources not afforded to white people.
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@drlebronski
Thoughts on this?