Throughout history, the government has made choices and has created laws to rectify situations and problems that have existed, some of which helped, and some of which have hurt our country as a whole. Some of these examples occurred during the Civil Rights Movement when blacks and whites were segregated as a result of the law. The Jim Crow Laws were enacted between 1876 and 1965, having a "separate but equal" policy in various public places. This law placed extreme limitations for the Afro-American community.
The article by Nicholas Kristof states, "California may be about to execute an innocent man." What does this say about our legal system that we are about to execute a man that may not be guilty of murder? Although, this case has been tried by various federal circuits judges and distinguished jurists, the onus is now on the governor of California, Arnold Schwarzenegger, to decide Kevin Cooper is to be executed. While discriminating against age, the article discusses how Josh- the families’ 8-year old son who survived the attack, first told investigators that it was 3 Caucasian people who murdered his family. He then retracted his statements during trial claiming it to be one person who was black with an Afro. His statements however, do not sound plausible. The police claim Cooper is guilty, saying so because he committed a burglary not long before this particular incident. It seems unfair and unjust to judge someone because of their past record. This unfortunately has happened throughout the course of history and will continue to repeat itself unless the government takes action against discrimination.
The Fifth Amendment of the United States Constitution protects against the abuse of government authority in a legal procedure. In this case, Kevin Cooper is being tried time and time again for a crime, which he may not have committed, and may be executed because the government "thinks" he committed the crime. This is not an acceptable reason to sentence someone to death, and also highlights the flaws in our legal system and society.
Kristof raises the question in the article, "How can we be about to execute a man when even some of America's leading judges believe he has been framed?" How can we do this? Without specific evidence that exists beyond a reasonable doubt, that Kevin Cooper is guilty of murder, there is no reason to execute him. This case is flawed and somewhat corrupt, and leads us to believe that our legal system also has tremendous shortcomings.
Kristof concludes the article, "That's a disgrace that threatens not only the life of one man, but the honor of our judicial system. Governor Schwarzenegger, are you listening?" It is a sad state of affairs that someone who is not part of the judicial system or personally involved with this case (Kristof) needs to voice their opinions and advocate with the Governor of California in hopes for a pardon for Kevin Cooper. It is apparent from the evidence in this case that Kevin Cooper is an innocent man. Unfortunately, years of racial inequality and discrimination have cast a shadow over this particular case. Had Kevin Cooper been born white, in all likelihood this proceeding would have a different outcome.
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