But there's no rejoicing. There are still too many other inside jokes in the criminal just-us system crying for a national spotlight. There are still too many daily realities for black Americans that are a stretch for white Americans. Just as in other areas of discrimination, some instances are intentional, others unconscious. Prosecutors have broad discretion in whether to charge and the severity of the charges.
Defenders have discretion in choosing whether to fight for acquittal or bargain away innocence.
Judges have discretion in sentencing and in deciding whether the defendant comes to court from home or from a jail cell. The widely held perception among black people is that discretion at all those levels more often works against you if you're black, that once you hit the water, you're headed up the river. Yes, it's a good thing that profiling finally has the nation's attention. There is some comfort in that. But the comfort is precariously hinged.