Casualties of War

Let us speak plainly. If you buy this distinction, the state is entitled to a presumption of extraordinary circumstances (in effect, a presumption of guilt) in nearly any case where the defendant is a city-dwelling black man under 40 or 45. In concrete terms, this means prohibitively high bail as a matter of course; limited discovery proceedings, if any, lest the defendant learn the identity of witnesses; and a system of compensation or other considerations for state witnesses in the guise of extending protection to them. The last point is in itself a powerful incentive for informants to make up testimony, as case after case has proven. We approach a state of martial law, and openly corrupt martial law at that.