WMU-Cooley Law School’s Grand Rapids campus Assistant Dean and Black Law Students Association Faculty Advisor, Tracey Brame, brings her expertise to this interview below.
The issues that have come out of the events in Charlottesville are getting a lot of coverage, but why is it important for people all around the country to be aware of race relations?
Awareness around race relations is essential, I believe to foster fruitful conversation and understanding across the board. For complex reasons, we have arrived at this place where we are talking at and past each other instead of trying to understand each other’s viewpoints. That environment leads to events like Charlottesville.
The more that time passes, the less inherently aware society is about the path of African-Americans, Indigenous people, women and others in this country. Slaves were emancipated only about 150 years ago. Less than 100 years ago, racial segregation was still legal in many parts of the country. That kind of cruelty and inequity leaves a legacy for generations to overcome. People need to be aware of and sensitive to that.
We need a sincere moment of truth and reconciliation in this country. Being aware of what happened in the past and how it informs the present is a critical first step to toward that goal.
What are some particular challenges that arise in terms of the legal system for people who aren't white?
Well, I will speak in terms of the criminal justice system, because that is my area of expertise. People of color, Black men in particular, are overrepresented in the criminal justice system. They are arrested, convicted, and punished more than their White counterparts. Also, young Black children are disciplined more for similar conduct from a young age, often forging a path to criminalization. It is too simple (and untrue) to say that people of color commit more crime. One must also understand the real world consequences of these numbers. Mass incarceration of people of color affects not just the individuals incarcerated, but their families and communities. Also, even upon release, a criminal record hinders job and housing prospects that could help returning citizens get back on their feet.
Can you recommend some good resources for people who have experienced a biased or prejudiced legal system?
The NAACP, Urban League and ACLU are well-known organizations that defend civil liberties, combat racial discrimination and help people overcome barriers related to criminal history or racism. There are also Legal and Aid and Public Defender offices in many cities, as well as other local organizations that provide assistance.
In this country, people will sometimes use the "free speech" argument to defend hateful rhetoric. Where and how do we need to draw the line?
This is a tricky issue. People indeed have a right to hate, and even to voice that hate. There is no “hate speech” exception to the First Amendment. However, in my opinion, the line is crossed when the hatred is harnessed by a collective to intimidate, harass or oppress people.
I've seen people get defensive when matters of race and privilege are brought up. How can people of all races keep lines of communication open while being honest about the differences that still exist?
People need a space to explore these issues without judgment and/or ridicule, room to make mistakes and be forgiven. If we assume that everyone who says something insensitive or impolitic is a racist, we miss an opportunity to understand and inform. If someone feels as though they are going to be constantly blamed for the sins of their forefathers, they will be reticent to discuss race. In the same vein, if people of color are ignored or called terrorists for making their voices heard about perceived injustice, they will feel even more isolated and oppressed.
If you do not understand what is behind the Black Lives Matter movement, ask before you judge. If you do not understand the feelings of resentment and fear felt by some whites, ask before you judge. Then, be prepared to listen to the answer, understand, and inform.
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