The Colors of Justice


For a county that has spent more than two decades cultivating the image and reputation of being "tough on crime," the apparent disparity of punishment meted out between the two groups (one of whites who sold large amounts of Methamphetamine and one Black group that sold smaller amounts of Crack) of alleged drug dealers is somewhat puzzling -- even to some involved in Williamson Co. law enforcement. The situation is not surprising to others -- including two national legal experts -- who suggest that the disparity is symptomatic of the nearly unchecked power prosecutors now have to decide the fate of defendants in plea-bargained cases. Nationally, plea bargains account for more than 90% of all criminal case dispositions. "There is an enormous shift of power away from the judiciary and over to the prosecution. The judges are a lot like clerks," said Steven Bright, professor of law at Yale and Harvard universities and executive director of the Atlanta-based Southern Center for Human Rights. "So really, all of the power is being exercised by the district attorney." Others also say that the apparent disparity is attributable to one thing: the race of the defendants. " [more
