Tuesday, October 31, 2017

We Are the World



In 1985, a severe famine gripped the Continent of Africa.  Inspired by the earlier charity song, “Do They Know It’s Christmas?”, activist Harry Belefonte and fundraiser Ken Kragen envisioned a new song specifically to benefit famine victims in Africa.[1]

Michael Jackson and Lionel Richie wrote the song, which was recorded January 21, 1985, by an extraordinary group of the most famous performers of that time.  It became the fastest selling American pop single in history.

While written to speak to American hearts to give generously to aid a famine catastrophe on the other side of the world, the lyrics speak to us today, in our country.  We’re not called to sympathize and assist only unknown suffering peoples in other countries, our own neighbors right here in the United States.

We can't go on pretending day by day
That someone somewhere will soon make a change
We're all a part of God's great big family
And the truth, you know,
Love is all we need

A message of Love.  A message of respect.  A message to put yourself in the other person’s shoes and walk that proverbial mile.

When you're down and out
There seems no hope at all
But if you just believe
There's no way we can fall
Well, well, well
Let's realize that a change can only come
When we stand together as one

We seem to be able to stand together as one in times of most severe crises.  Issues of race, creed or sexual orientation just seem to disappear.  When the hurricane strikes or the fires rage or the car plunges into a pond, total strangers leap into action to save a life.

So, why do we find it so hard to treat each other with respect when lives and limbs are not threatened?

We are the world,
We are the children
We are the ones who make a brighter day
So, let's start giving
There's a choice we're making
We're saving our own lives
It's true we'll make a better day
Just you and me

We are the ones who make a brighter day.  We are saving our own lives.  (A little enlightened self-interest there).   So we can make a better day, if we commit ourselves to do it.

Just you and me.
_____________________

To view the video of this inspiring song, see https://www.youtube.com/watch?v=I04FcfIVtcU

Saturday, October 28, 2017

EXPOSING IMPLICIT RACIAL BIAS DURING JURY SELECTION



Alan F. Pendleton is a Former District Court Judge who has written technical papers for judges for several years.  These are excerpts from a recent post on implicit bias – a topic that judges, lawyers, yes law enforcement and politicians, need awareness.  You can read the entire post, including suggested questions during jury selection to expose implicit bias, here. 

Attorneys, judges and jurors all want to see themselves as fair, equitable, and rational, yet studies show that despite our best intentions none of us are free from bias. Implicit bias refers to unconsciously held biases that do not necessarily reflect our conscious beliefs.

Because implicit bias is subconscious, even people who consciously abhor discrimination can unconsciously be influenced by implicit bias. Studies show that implicit bias can affect how judges make decisions, how attorneys decide who to leave on juries and how jurors decide what testimony to believe or disregard.

The impact of implicit bias on decision making has been shown in numerous studies. For example:

·         Researchers sent identical resumes to employers and found a 50% drop in interview callback rates for the applicants when they changed the names on the resumes from Emily and Greg (signaling European ancestry) to Lakisha and Jamal (signaling African ancestry).

*  *  *  *  *

The important takeaway is not that implicit bias is bad or that people who have bias are bad people. We all have bias. Part of our job as trial attorneys and judges is to recognize and address racial justice issues whenever and wherever they arise.

For example, within the context of a jury trial, it is critically important to recognize the role that implicit racial bias may play within the minds of otherwise well intentioned jurors. But how do you uncover from someone a subconscious (implied) bias that the person’s conscious mind does not recognize or even realize exists. As Justice Sotamayor wrote: “The way to stop discrimination on the basis of race is to speak openly and candidly on the subject of race….”

The following are suggestions on how to introduce the issue of implicit racial bias to prospective jurors ...

*  *  *  *  *

INTRODUCING THE ISSUE OF RACIAL BIAS TO THE JURY PANEL: Ladies and gentlemen, despite the many differences in our lives and backgrounds, we all want to see ourselves as fair, equitable, and rational human beings, yet studies show that despite our best intentions none of us are free from bias. Implicit racial bias refers to unconsciously held biases that do not necessarily reflect our conscious beliefs. Because implicit bias is subconscious, even people who consciously abhor discrimination can unconsciously be influenced by implicit bias. Implicit bias is developed over the course of a lifetime through exposure to direct and indirect messages. Studies show that implicit bias can affect how we all make important decisions in our lives. Please keep that in mind as you answer the following questions

*  *  *  *  *


Tuesday, October 24, 2017

Someone Singing Along



Recently my talented grandson, Noah Zak[1], played a gig in Winona.  He performed a song that I had never heard before, “Someone Singing Along” by James Blunt.

Somebody's gonna wave a flag
Somebody's going to attack
Someone will tell you to take a side
Tell you their version of wrong or right
Somebody's gonna let you in
Judged on the color of your skin
Slam a door in the face of your friend
Simply because you don't look like him

After identifying the problem, Blunt suggests his solution

So I built the words into a song
I'm hopin' someone's singing along
And even if some notes are wrong
I'm hopin' someone's singing along

We are all supposed to sing our song.  Sing out danger.  Sing out warning.  Sing about the love between our brothers and our sisters, all over this land.[2]

And find a like-minded choir to sing with you:

'Cause just one voice is not enough
I need to hear from everyone
And even when I'm dead and gone
I'm hopin' someone's singing along

One voice is not enough.  But, let’s not wait for the choir to start before we sing the song. 

The second verse sets out more challenges

Somebody's gonna build a wall
Then smash it with a cannon ball
Someone who somehow has got a gun
Will tell you who you can't and you can love
Some people keeping all the cash
They're gonna get away with that
Just 'cause some people don't think like me
Does that really make them the enemy?

My enemy?  I hope not.  My conscience?  Perhaps.  We need to search out people who don’t always agree with us to challenge our assumptions and test our beliefs.

Guided, always, by one of my favorite scripture verses:  He has told you, O man, what is good.  And what does the Lord require of you but to do Justice, to love Kindness and to walk humbly with your God?

Singing your song with that attitude will certainly encourage others to sing along.

Because, “one voice is not enough.”  And we “need to hear from everyone.”

I hope that you’re singing along.
__________

I wish you could hear Noah sing this, but if you want to hear it, you’ll enjoy James Blunt’s version at https://www.youtube.com/watch?v=_JfGdDtBstQ





[1] For a sample of Noah’s work, see https://www.youtube.com/watch?v=lwT28w_XdyE
[2] If I Had a Hammer.  Hear Peter Paul and Mary sing this at https://www.youtube.com/watch?v=JD-pyWALro4