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Hard Science

by Andrew Wayne Austin

07 June 2000 07:00 UTC


WSN

This morning on one of those news magazines a psychologist in Texas came
in for some criticism for the character of his expert testimony in capital
cases. The Supreme Court overturned a death penalty sentence (and will
likely overturn more) because the jury was allowed to hear testimony that
ethnicity was one of the risk factors in predicting dangerousness. Since
blacks and Hispanics are statistically more likely to be involved in
street crime, they are potential threats, and incapacitation is the proper
response. The psychologist figures his testimony has sent 10 people to
their deaths.

What was interesting about the program was how the psychologist justified
his racist argument: on the science. He was not, he said, using racism to
obtain a conviction. The facts clearly showed that a black or Hispanic was
much more likely to perpetrate a violent street crime (the statistics do
in fact show this). He could not apologize for the facts. He then stated
that it would be improper for the jury not to have access to these
important facts - the court would be withholding information from the jury
and this would be dishonest, not to mention raise the possibility that
dangerous felons would walk the streets.

Another Joe Friday.

Andrew Austin
Knoxville, TN



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