A Judge’s Choice
If appellate judges feel someone is guilty, they have the power to use a legal doctrine known as “harmless error.” This means that if you’re appealing a conviction because it was arrived at via unfair means, they can choose to affirm your conviction anyways!
Misconduct Problems
Harmless error encourages misconduct by allowing the police to act as they please with little to no accountability. Police conduct that's unconstitutional can be excused via “harmless error,” and other people in the system can use it to their advantage, too.
Excusing Racism
Thanks to harmless error, courts can decide that racism and racial bias on behalf of authorities doesn’t matter. Documented instances of racism can go forth in court with no consequence because a judge decides someone’s alleged guilt outweighs it.
Trusting Authority
By focusing on authorities and their evidence to declare someone guilty, harmless error cuts corners. It assumes that the evidence was fairly obtained. Black people know authorities are capable of planting evidence and coercing confessions – but this doctrine ignores that.
Systemic Barriers
Harmless error can be seen as another systemic barrier limiting Black people. From arrests to courts to a cell, Black people have the odds stacked against us. The last thing we need are shortcuts for a racist system to get around its mistakes and convict us anyway!