Retrieved on September 1, 2020
Published on July 30, 2024
Introduction
In analyzing the Netflix mini-series When They See Us alongside Donald Trump’s 1989 newspaper advertisement, “Bring Back the Death Penalty, Bring Back Our Police,” Critical Race Theory (CRT) will be used to explain the role of race and history in the Central Park Five case. CRT helps us understand the relationship between race, racism, and power, questioning the historical structure of the liberal order, equality theory, and legal reasoning in society (Delgado & Stefancic, 2017).
The four-part Netflix mini-series When They See Us dramatizes the events surrounding five minority teenage boys falsely accused and convicted of rape in New York in 1989, known as the Central Park Five. During the trial, Donald Trump paid for the publication of “Bring Back the Death Penalty, Bring Back Our Police” in several New York newspapers. This call for the death penalty heightened social awareness and increased the injustice the boys faced. The boys’ race was a key factor in their presumption of guilt and portrayal as criminals. The history of race has impacted the legal system, devastating the lives of minorities. CRT helps us understand cases where race is the cause of guilt, such as the Central Park Five, and explains the disparities between minorities and whites.
When They See Us illustrates how most minorities are deemed criminal based on their race and environment when accused of a crime. This paper uses CRT to show how race impacted the Central Park Five case, leading to their wrongful convictions.
The Series and the Case
The series begins by showing the reasons that led Antron McCray, Yusef Salaam, Raymond Santana, and Kevin Richardson to the park. It quickly transitions to police apprehending these boys and using coercion to interrogate and compile false statements that portray them as criminal rapists. During the interrogation, the police realize they need more boys to make their narrative stick. When they find Yusef Salaam, he is with his friend Korey Wise, who accompanies Salaam to the police station out of fear his mother would be angry if he let Salaam go alone; Wise ends up becoming a part of the case.
In part two, two different trials are held: three boys are part of one trial, while the other two have their own. During the trial, Donald Trump’s advertisement is released, infuriating the boys’ parents and heightening media attention, altering the public’s perception. The episode depicts how the lack of skilled representation and coerced evidence led to the boys’ wrongful convictions.
Part three briefly shows the boys growing into men while imprisoned and their eventual release, except for Korey Wise, who remains imprisoned, having been sentenced as an adult. The episode shows the adversities the released men face regarding employment, relationships, and family due to their status as convicted felons.
The final episode depicts Korey Wise’s prison experience, which leads to him meeting the real rapist, Matias Reyes, at Riker’s Island. The truth is revealed sixteen years later, after the boys have served time for a crime they did not commit.
In 1989, Donald Trump paid $85,000 to publish “Bring Back the Death Penalty, Bring Back Our Police” in several New York newspapers during the Central Park Five trial. The ad called for reinstating the death penalty for rapists, which had been abolished by the U.S. Supreme Court after the Scottsboro Case (1977). Trump believed the death penalty was necessary for the alleged crime (Waxman, 2019). He argued that police services were being hindered by publicized police misconduct, which distracted them from detaining criminals (Waxman, 2019). Trump’s advertisements and comments “poisoned the minds” of the public, according to the teens’ legal representation.
Critical Race Theory
Critical Race Theory (CRT) helps us understand the role of race, history, and powerful influencers like Donald Trump and Pat Buchanan. CRT originated after racism was heightened due to the stall of the Civil Rights Movement (Delgado, 1995). CRT addresses the problems that plagued the Civil Rights Movement and places these issues into a broader context, including socioeconomic status, history, cultural group, emotions, and the unconscious (Delgado & Stefancic, 2017). It readdresses historical and legal wrongs, making society more aware of the ethnic disparities that hinder equality. CRT argues that ignoring racial differences maintains and perpetuates institutionalized injustices to racial minorities (Martinez, 2014).
Delgado describes CRT as a “dynamic, eclectic, and growing movement in the law of people of color.” CRT challenges racial standards, causes legal turbulence, questions liberal premises, and leads society to think of new ways to address the nation’s intractable problem of race (Delgado, 1995). Delgado offers three premises on CRT: (1) racism is normal in American society, (2) CRT challenges myths society holds about blacks, and (3) interest convergence, where whites only help blacks if it aligns with their own interests.
Delgado asserts that racism is normal in American society because it is inherently a part of our culture and ingrained in us through history. CRT challenges the myths and perceptions associated with minorities. This paper challenges the myth that African-Americans are inherently criminal. CRT’s interest convergence premise suggests that civil rights laws are not truly intended to help blacks but are regulatory tactics ensuring racial progress occurs at a controlled pace.
Other CRT scholars, such as Crenshaw, believe CRT is shaped by race and personal experience, similar to Delgado’s views (Crenshaw et al., 1993). Race shapes our experiences and defines how the world perceives us. In the Central Park Five trial, race defined the legal experience the boys faced.
Racism is a part of our history, influencing interactions and treatment of minorities. When They See Us and Trump’s 1989 newspaper advertisement question our history that supports racism, with CRT helping us see this.
Race
Race and racism have influenced history, pre-determining cases like the Scottsboro Boys and Central Park Five, involving minorities being alleged of rape. Race is rooted in social relations and historical context between societies. Racism is the negative view certain ethnic groups have over others, based on preconceptions. When They See Us shows how society views minorities as bestial.
CRT theorists state that race is a phenomenon, with racial conflicts centered around social and political factors (Delgado et al., 2017). Society constantly reminds us of our ethnicity, determining how we are perceived. Society views African-American men as inherently criminal, animalistic, and bent on rape (Duru, 2004).
Trump’s advertisement and statements heightened this personification of the boys in the Central Park Five case as criminals. Pat Buchanan echoed Trump’s sentiments, calling the boys savages and publicly demanding Korey Wise’s execution before his trial.
The environment and race of these boys influenced their legal treatment. Being minorities from East Harlem, they were presumed guilty. Their skin color and environment marked them as criminals in society’s eyes. Trump’s actions led to death threats, harassment, and public shaming of the boys and their families. Society’s negative expectations for African-Americans resulted in their presumption of guilt before the trial.
History
History has paved the way for segregation of African-Americans and whites, influencing who society believes African-Americans are. The terms “black” and “white” originated from slavery, categorizing African, Nigerian, and Haitian slaves, and distinguishing Europeans, Jews, and Irish as “white” (Delgado et al., 2017). Whites are seen as pure, implying blacks are impure, which started racism.
Jim Crow laws established in 1877 furthered racism by segregating African-Americans and whites in public facilities. These laws were abolished by the Brown v. Board of Education (1954) case, which ruled racial segregation in public schools unconstitutional (Brownstein, 2014). Despite this, racism persists, as shown by the Scottsboro and Central Park Five cases.
The Scottsboro case involved nine black boys falsely accused of rape, leading to their wrongful convictions and imprisonment. The U.S. Supreme Court later declared executions for rapists unconstitutional, abolishing the death penalty (Duru, 2004). Historical attitudes and habits, reinforced by Jim Crow laws and Supreme Court rulings, still influence society today.
History confirms that violence, death, incarceration, and dehumanization of blacks are traditions in this nation (Martinez, 2014). The Central Park Five case demonstrates how overt racism continues to influence the legal system, with Trump’s call for their execution stripping them of their legal rights.
Legal System
The stigma of the bestial black man has transcended into the legal system, affecting its treatment of black men. The Central Park Five case highlighted police coercion and procedural injustice, with boys interrogated illegally and coerced into making false statements. Despite no criminal records, the boys were categorized as criminals because of their race.
The legal system is infected with racist perceptions, separating people by skin color and furthering the disparity between minorities and society. When They See Us shows the wrongful convictions of the boys through suppressed and coerced evidence. Society is not equal; the rules are different for whites and African-Americans, with blacks targeted more by the law and presumed criminal.
Criminal
African-Americans are personified as criminals, a result of history with race. This perception affects them legally and socially, as seen in the Central Park Five case and Trump’s depiction of them. Blacks are disproportionately linked to violent crimes (Maesschalck & Schrijver, 2005), a view stemming from learned behavior and historical stigma.
Raymond Santana turned to selling narcotics after being denied employment due to his criminal record, illustrating how the criminal label can force individuals into criminal lifestyles. The stigma of being labeled criminal had a profound impact until Matias Reyes revealed the truth.
Conclusion
The Central Park Five case shows that society still views minorities as criminals due to historical perceptions. Donald Trump’s ad reinforced the boys’ guilt based on their race. History and racism are ingrained in our society and influence perceptions and legal outcomes. CRT helps us understand these dynamics and calls for addressing racial disparities in the legal system to ensure equality.
References
Delgado, R. (1995). Critical Race Theory: The Cutting Edge. Philadelphia: Temple University Press.
Delgado, R., & Stefancic, J. (2017). Critical Race Theory: An Introduction (3rd ed.). New York: NYU Press.
Duru, N. J. (2004). The Central Park Five: Racial Bias in the Legal System.
Crenshaw, K., Gotanda, N., Peller, G., & Thomas, K. (1993). Critical Race Theory: The Key Writings That Formed the Movement. New York: The New Press.
Waxman, O. B. (2019). “Donald Trump’s Central Park Five Ad Was ‘Politically Effective.’ But It Was Also Racist.” Time. Retrieved from https://time.com/5597843/central-park-five-trump-ad/.
Martinez, G. (2014). Racism in America: Understanding Its History and Combating It.
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