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Anyone who says differently is selling something

07.26.09 | commentary | 27 Comments

My mom got a speeding ticket last week. She was driving up a hill on a lonely stretch of highway between here and New Mexico, and someone was tailgating her, so she pulled into the right-hand lane, but somehow she still ended up in front at the crest of the hill, and she was the one who got the ticket.

But it wasn’t her fault, and it wasn’t fair, of course. She told the cop that, too. She asked what she was supposed to do if someone was tailgating her and he said to pull over (but there was no shoulder) and in that case to call the Highway Patrol (we don’t have cell phone driving laws out here in the Wild West).

Two things about my mom. First: she is the most scrupulously honest person I know, and second: she was completely flabbergasted by the injustice of this $185 ticket. So unfair! Not her fault!

Frankly, it sounded like a case of “you speed, you get a ticket” to me. Whatever else was going on at the time doesn’t really matter in the eyes of the law. But I didn’t tell her that. I made soothing noises and “uh-huh” head bobs as she told me the story. (Twice.)

The last time I got a ticket it wasn’t my fault, either. I fought it in court; I felt one hundred percent in the right, and also almost-debilitatingly intimidated and aware that the cops and judge had all the power.

While I don’t personally know that many people who have been arrested, just about everyone I know who is of driving age has received a ticket of some sort, and I can’t honestly think of one case in which it was actually the fault of the person getting the ticket. It’s never our fault.

Mr. Bennet and I were evicted from our apartment in Harlem when I was eight months pregnant with Sally. It was a sixth-floor, one-bedroom walk-up with an amazing cross-breeze and deafening reggae music from the childrens’ birthday parties that lasted into the dawn in the summer. We were so grateful to have that apartment. Renting in New York City, on a student budget, is a little hard.

We went to the city court building with the gold statue on the top and spoke with some of the smarmiest individuals it has been my pleasure to meet in a cheap suit. Basically it was Kafka in The Trial without Germanic philosophical epiphanies. Turns out we’d been illegally subletting (from that respectable man in the expensive suit who collected our $825 a month but couldn’t be bothered to pay the city-subsidized rent of $250 — for nine years).

It was December in New York City, I was three weeks away from my due date (did I mention that? First baby? No clue? Twenty-three years old? Family over 2000 miles away?), we were beyond poor and the unsympathetic lawyers wanted “help nailing this guy.” I couldn’t take the stress, so we walked away, and Mr. Bennet found us the first floor of a nice little Archie Bunker house in The Bronx.

And then there’s my friend “Annie.” Remember her? The responsible, caring mother who had to appear in court, get lectured by a snooty judge, and pay a fine because she left her kids in a warm, locked car in December for twelve minutes while she ran into a store? She cried, and was terrified, and felt guilty, and didn’t think it was fair. (I didn’t either.)

The system — made up of cops and judges, lawyers and sheriffs with eviction notices is unfair; it’s unsympathetic. Some people get off light, some people get harassed. Some people get parole, others get convictions that DNA will overturn in fourteen years.

Some people get arrested in their own home after what appears to be a break-in.

Professor Gates and President Obama want to say this is all about race, all about black and white, but I’m just not buying it.

Surely there are cases of racial profiling that shame us all. But what about my friend, who would never endanger her children, being made to feel like a criminal? What about my own heavily-pregnant self? Thrown out into the snow by an uncaring city machine?

Either the police are out to get us all and actively try to view us as suspiciously as possible  (and in “us” I include myself and my friend — middle-class, college-educated white girls) or,

OR,

They (police and judges, all cogs in the “system”) are, for the most part, doing the best they can. They strap on a gun if they work a dangerous beat, they go undercover if that’s what’s called for, they work overtime, they put themselves into situations that no sane person would enter, and they try to do right.

Do you want to be a police officer? I sure don’t, though I did take an Auxiliary Police training course in Manhattan.

But I’m still scared of the police, I’m scared of the power they wield.

When I was seven years old my younger sister threw a tantrum about setting the table so she was told to take herself to the backyard while we ate. Several minutes later two cops knocked on our front door. My dad was in the Navy, a family practice doctor doing a medical residency at Camp Pendleton, and the cops made him feel like dirt and insisted on seeing for themselves that my sister was physically unharmed.

(My father is white.)

I bet just about everyone (black, white, and in between) has a tale of judicial injustice. The way our society is set up, where humans are fallible and not everyone knows everyone else, and no cop knows the whole story behind the set of circumstances that brought you here, the system is completely imperfect and probably un-perfectable.

And the problem is, as much as I distrust the system, as much as I fear the imbalance of power between uniformed and un-uniformed, there is no other country on earth that I would rather get arrested in, even if it were for breaking into my own house.

totally unrelated, but fun to read

27 Comments


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