So on Saturday, I’m at the National Memorial for Peace and Justice with a couple of other families. My friend’s six-year-old child asks me to read one of the placards to him. It’s about lynching.
There are some big words, and if I read them he starts getting bored, so I choose to paraphrase—very carefully, aware that there is also an audience of adults listening in to a white man talking to a black child about lynching. I’m trying to summarize without sanitizing. I explain that black men and women were being executed by white crowds for made-up reasons. He asks,
“You mean like Jesus?”
Through tears, I said, yes, like Jesus. It was like James Cone was standing over there, nodding.
Deuteronomy 24:6 forbids taking “an upper millstone” in pledge for a debt. The idea is that taking away someone’s ability to make money, to trap them in a deepening cycle of poverty, is immoral. Both states and private businesses (especially payday lenders) collude to make money off the most powerless: the poor. This court victory in Tennessee, which restores driver’s licenses to those who have had them revoked for being too poor to pay fines, is a huge win, and it illustrates the importance of the federal judiciary, from top to bottom.
If George Orwell, Margaret Atwood, and P.D. James were drinking coffee and brainstorming what kind of evil paperwork people would forced to fill out in one of their dystopias, this is what they would come up with.
Also: recognize this is what the cash bail system does to poor people all the time: it holds families hostage. If someone is not dangerous, and flight is not a serious risk, they should not be kept in jail. People plead guilty on a regular basis in order to avoid losing their jobs, homes, and kids.
“Zero tolerance” is a myth. We all want due process. That’s why we have courts in the first place: because circumstances matter.