Alate_One:
If you don't mind (or, in fact, even if you do), I am going to answer this line of inquiry first:
Again you seem unwilling to accept the idea that bias can be unintentional and still be unfair.
For the sake of argument, let it be defined that "fairness" is functionally equivalent to "justice." By "justice," I understand "rendering to each according to his due."
I will grant you that there can be unintentional acts of injustice or unfairness. If, in my haste and absent-mindedness, I hand the McDonalds clerk a dollar less than what I owe, and the McDonalds clerk, in his negligence, fails to notice, then I have unintentionally committed an injustice. I have failed to render to McDonalds the dollar that I owe.
If you wish to argue that there is unintentional unfairness or injustice, then you must explain to me and defend the existence of that injustice. And for those purposes, I simply will refuse to hear of your racial disparity. The only criterion that I will accept for a case of "unfairness" is that what was rendered to A was x, y and z, whereas he deserved a, b and c.
In other words, I will only accept that there has been an injustice if you show me that accused person A was judged guilty of c and received punishments x, y and z, whereas he obviously deserved something else.
So, I repeat my challenge: can you show this or not?
It's certainly not clear to me. :idunno:
Black criminals receive harsher sentences, treated as adults more often when they are still children and sentenced to death more often even when the facts of the crimes are the same.
1. Do they deserve said harsh sentences? Do they deserve to be treated as adults? Do they deserve death? You insist on this silly and futile notion of comparing different criminals. I don't care about the comparison. I'm interested in what the individuals in question deserve based on their own merits.
2. You are claiming that the facts of the crime are the same. First, I ask, is that even true? What's the evidence? Second, granted that the facts of the
crime are the same, are all facts relevent to the case the same? Are the judges the same? Are the juries the same? Is the evidence presented the same? Is the competence of the lawyers the same? Was the quality and success of the police investigation the same?
This is a gross oversimplification that you are making. I'll speak more on this in addressing your paper-grading analogy.
Think of it this way. As an instructor if I were grading papers and I unintentionally graded all male students harsher than female students, that would be an unfair system whether I meant it to be or not. (To avoid this kind of bias I grade page by page with names invisible.)
No, it wouldn't. Anyone who has ever graded papers knows that what you are saying isn't true. Here, I'll quote from a quasi-lecture of mine on writing papers:
"Here, I wish briefly to undergo a discussion of grading. For all cases of 'non-objective' assessments/grading, the grading is, at least to some degree, pretty much arbitrary. There are no objective grading standards/criteria written in the heavens. I have no book of rules which tells me that I have to give +2 points for this, or administer a penalty of -5 points for that. With only a few exceptions, what happens is that I read a paper and apply a number which I feel 'fits' my general impression of the work in question...In brief: if a student scores less than a 70 percent, it is his or her own fault, and he should take careful note of whatever it was that he or she did to merit his or her below average grade...Conversely, if the student has scored at least a 70 percent (pre-curve), and I didn’t specifically indicate that I did take off points, then he or she must not ask me why I took points off. I didn’t take points off. I simply didn’t feel as though the student merited anything more than a perfectly average grade. 'Why did you take off points' simply is the wrong question. The question that such a student should be asking is: 'How can I do better?'"
You and I both know, Alate_One, that a student's grade can depend on any number of factors, and any number of final grades could be a just/fair assessment of the student's work. How I grade sober will be different from how I grade while intoxicated. How I grade in the morning will be different from how I grade in the evening. How I grade the worse student's paper will vary depending on whether I graded it before or after the better student's paper. How I grade an early paper will differ from how I grade a later student's paper. I may even go back and change a grade when I figure out what the general curve is going to be (if I am applying a +10 curve, e.g., I don't want my worst student to have anything higher than a 70 pre-curve).
And no matter what I put down, it's going to be fair. It's going to be just. Why? Because it's an on the spot judgment call. Does the undergrad paper deserve a 70 or a 75? Practically speaking, it could go either way.
It is? When two groups of people do the exact same thing and one generates TEN 911 calls and the other only generates one?
In order for you to claim that the former is unfair, you'd have to argue that he should not have generated ten 911 calls. On the first video you showed earlier, the very premise was that the black person in question was guilty of criminal conduct (i.e., of stealing a bike).
Clear evidence of disparity in being caught doing the exact same thing which leads to differences in enforcement. All because people are more suspicious of black males vs. white males.
Again, the only reason I'd care about this is if you showed me that the black males in question weren't guilty. So long as cops consistently are successful at catching criminals who later get convicted and sentenced, I see no cause to be dismayed by any of this.
Explain why there must be intention for a society to be unjust.
Extremely vague. Again, see how I defined justice earlier. The
only argument that I'll accept for there being a case of injustice is if you argue that A didn't deserve x, y and z.
I await such arguments.