Justice in the 21st Century by Johnnie L. Cochran, Jr.

At the dawn of the 20th Century, the prophetic and wise W.E.B.
Du Bois wrote, "The problem of the twentieth century is the problem of the color line." At the century's midpoint, another great African-American leader, Martin Luther King, Jr., came forward with a dream for the betterment of everyone, including justice and equality for all.

As a new millennium begins, one wonders what Du Bois or King would say today? Would they say racial equality and justice have progressed? While both men would likely acknowledge some movement, I'm afraid that they would largely be disheartened.

America remains a nation divided by race and class - a nation whose noblest ideals are clouded by the misunderstanding stemming from racial separation. Some whites despair over what they perceive as Black ingratitude, while many Blacks believe whites will never genuinely share power.

If America is to progress, we all must first acknowledge that racial separation still exists. Fortunately, overt Jim Crow laws have been eliminated. Unfortunately, covert Jim Crow - call it Jim Crow Jr. - is still in practice.

Our nation's greatness is diminished by too many {instances} of racism and injustice. For example, we cherish the right to travel freely within our borders, but how universal is the right, when on our nation's highways, Blacks are too often singled out and stopped simply because of their skin color. Racial profiling is a reality. Its prevalence is so deeply understood by the Black community that phrases like Driving While Black (DWB), Shopping While Black and even Dining While Black, have become accepted, familiar parts of our lexicon. We recently received a record settlement of $12.95 million from the state of New Jersey for the "New Jersey Four," four young men who were on their way to a try-out for basketball scholarships at North Carolina Central College when they became the latest victims of racial profiling. While traveling on I-95, they were illegally stopped, then shot 11 times by two New Jersey State Troopers, who willfully fired into the vehicle, claiming their lives were put in danger by the movement of the said vehicle. Clearly, these individuals were stopped because there was a Black driver, along with a Hispanic young man in the right front passenger seat. As a result of racial profiling, they suffered the indignities of discrimination and scars of bullets, some of which remain in their bodies to this day, in positions too precarious to remove.

How can we say legitimately that we have evolved when over the last few years our nation's largest city was rocked by the brutalization of Abner Louima and the killing of Amadou Diallo? Both men were guilty of having {dark skin}, as was Tyisha Miller, gunned down by police in Riverside, CA, while sitting in her car. The offenses are reminiscent of the mob lynchings of more than 50 years ago. But there is a crucial difference: unlike lynchings, these actions were carried out by uniformed officers of the state, sworn to uphold the law. It is not surprising that this background prompts African Americans to believe that they cannot receive justice? How would you feel, if you had the pervasive sense that neither you, your family, nor your neighbors could use the court to redress wrongs?

We know that the judicial system is hardly flawless. It is uneven, and at times unfair. Witness my twenty-seven year struggle to free Geronimo Pratt who was wrongfully prosecuted and convicted by the LAPD with the help of the FBI. It took almost three decades for us to convince the involved governmental agencies to admit to framing an innocent man and therefore to compensate him for his wrongful incarceration with approximately 5 million dollars. There are countless other convicted inmates now winning belated freedom because of DNA evidence.

Despite its imperfections, the courts remain our best hope. We do not have a state religion, but, in a sense, the courts are our civic temples. They are where the most vexing questions are resolved, and are where the state's power is held in check. Sometimes, courts are even willing to correct their mistakes. The rule of law is even taking hold on a global scale with international tribunals probing genocide in the Balkans and in Rwanda.

More than 30 years ago, Dr. King wrote, "This is no time for romantic illusions and empty philosophical debates. This is a time for action. What is needed is a strategy for change, a tactical program that will bring Black people into the mainstream of American life as quickly as possible." Such idealism today seems simultaneously refreshing and naive. In the midst of unprecedented prosperity, governments have ceased caring about the poor and the disenfranchised. Tragically, we are still far away from Dr. King's tactical program. The first business of the 21st Century must be completing the unfinished business of the 20th Century. There is one small step we can all take toward completing the century's agenda. It does not involve high-powered leaders, or expensive government programs. No television cameras, personal computers, or even cellular phones are required.

What we must do is have men and women, Black and white, Asian and Hispanic, young and old, rich and poor, reason together. It is time for us as a nation, and for all of us individually, to engage. Let there be a frank exchange of views. Four decades of practicing law all over this country convinces me that most will conclude that we are all the same beneath our skin. A simple call for community may seem mundane in the face of the new century's technological onslaught, but unless there is an exchange of ideas, there is only fear and ignorance. The calendar tells us that we have just begun a new millennium, but the day-to-day experience of many shows us that we have not erased the color line Du Bois eloquently articulated when the last century began.

Johnnie L. Cochran, Jr. is a noted attorney.