'Let's not say or play the race card'

As a lawyer in 21st century America, I want to believe that the color of one's skin no longer determines one's educational possibility, professional opportunities or treatment in the justice system. But every day we are confronted with statistics and incidents that tell me my hope remains unfulfilled.

During the "Open Letter" segment of my TV show, I covered the Oakland Bay incident in which three Black men (alleged robbers) reportedly armed with a shotgun unlawfully entered the home of a White alleged drug dealer. A fight occurred that left the alleged dealer's son with permanent brain damage and two of the alleged robbers shot dead by the homeowner. The surviving assailant was charged with the deaths of his two cohorts and attempted robbery. The prosecutor used a little-known statute called the Provocative Act, which meant that if the loss of life could be proved as the direct result of one's actions, he or she could be charged with murder and a secondary offense, even if someone else pulled the trigger. The defense team has accused the district attorney and local law enforcement officials with racial bias.

As a lawyer, I find this case interesting on many levels, chief among them is the prosecutor's legal prowess in applying this obscure law. Yet, as a human being, and an African-American woman, the defense and family's use of the "race card" makes me uneasy. The shameful fact that Blacks are seven times more likely to be locked up than Whites shows that our justice system has flaws that must be eliminated. But branding every life drama involving African-Americans and Whites as racist is not appropriate.

I was raised by my single, working mother to reject categories. I had to work harder, be smarter and be better than everybody, regardless of complexion. I also was raised to accept responsibility for my actions, be proud of my African-American heritage and believe that the strength of all those who came before me gave me the fight, ability and, most importantly, the responsibility to succeed. In college, my Alpha Kappa Alpha sorors taught me that "excuses are tools of the incompetent and only build monuments to nothingness." So I learned that if I wanted something--a good education, a job as an assistant district attorney or a television show--I had to go out into the world and make it happen. My mother instilled in my sister and me by example (working days, going to school at night) and through open communication that anything we dreamed of becoming, we could achieve. I define myself by the caliber of my dreams, not by the perceived limitations of my skin color.

Yes, skin color still matters. This is not a colorblind world, but skin color is not the only reason for the challenges our community faces. One of the goals of the Civil Rights Movement was to correct this injustice while giving us freedom and equality of choice. Yet now, when African-Americans contribute nearly $1 trillion dollars to the economy, the average number of Black men in college is 864,000 while 802,000 Black men are behind bars. The nationwide average unemployment rate among African-American men is 8.4 percent, and for African-American women, 7.2 percent, compared with 3.8 percent for Caucasian men and 3.6 percent for Caucasian women.

It is possible that racial discrimination is a factor in the case of the alleged robber being charged with killing his alleged accomplices, though it was the supposed victim who pulled the trigger. Not enough facts are known to make that conclusion. What I am sure of is this: Whenever we charge racial bias, we need to be sure that bias indeed exists. And let's change the name of the game. Discussions of race and discrimination are not a Friday night game of spades. The term "race card" is an insulting characterization of a deeply serious issue--racism--that has plagued this country for almost 400 years and that we, as a nation, must continue to deal with. To equate racism with a card is insulting, because it trivializes the real pain and damage racism has caused to millions of people. It disrespects the struggles our forefathers overcame so that we can have opportunity today.

I know that my stand against using the tactic and the phrase "race card" may not be popular with some, but if it gets us talking, then that's good enough. My family taught me to dream without boundaries and law school trained me to make decisions based on the facts and my trust in the legal process. My greatest hope for our people--and this nation--is that we all realize that within ourselves lies the power to live beyond the limitations, including limitations because of race, that someone else wants to set for us. And that we--not another human being, and not the color of our skin--control the measure of our greatness.

--Star Jones is an attorney, former New York City senior prosecutor, executive editor and host of Star Jones on truTV (formerly Court TV).

COPYRIGHT 2008 Johnson Publishing Co.
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