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- <text id=94TT0715>
- <title>
- Jun. 06, 1994: Law:Black Rage:Defense of Murderer
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Jun. 06, 1994 The Man Who Beat Hitler
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 31
- Black Rage: In Defense of a Mass Murderer
- </hdr>
- <body>
- <p>By Sophfronia Scott Gregory. Reported by Adam Cohen/New York
- </p>
- <p> At rush hour on Dec. 7 last year, Colin Ferguson boarded New
- York's Long Island Rail Road. As the train headed for the suburbs,
- the Jamaican immigrant opened fired into a carload of 90 commuters
- with a 9-mm Ruger semiautomatic handgun. Six died; 19 were wounded.
- At the time of his arrest, Ferguson had in his pockets notes
- voicing hatred of whites, Asians and "Uncle Tom Negroes." He
- had a long history of angry run-ins with whites. In an earlier
- incident, he yelled at his perceived enemies, "Black rage will
- get you!" Now "black rage" may become the defense in his trial
- this fall.
- </p>
- <p> Ferguson's lawyers, famed criminal defense attorney William
- Kunstler and co-counsel Ronald Kuby, intend to shape an insanity
- plea using black rage. In a widely praised 1968 study titled
- Black Rage, African-American psychiatrists William Grier and
- Price Cobbs argued that racism forced blacks to make certain
- social adaptations, becoming mistrustful and suspicious of outsiders.
- That, say Ferguson's lawyers, combined with a mental disorder,
- triggered their client's attack--and should mitigate whatever
- punishment is meted out to him. Says Kuby: "Being exposed to
- racist treatment over a long period of time drove Ferguson to
- violence." Critics say arguments based on black rage are troubling
- because, unlike battered women who kill their abusive husbands,
- defendants in such cases would not need to produce a record
- of specific life-threatening conditions--just social and environmental
- causes. "Crime is not a function of group characteristics,"
- says attorney Alan Dershowitz. "It is an individual phenomenon
- that must be treated on an individual basis." Asks University
- of Chicago law professor Richard Epstein: "Anytime you fire
- a black worker, is he entitled to murder you?" Furthermore,
- Grier cautions that what he wrote about in 1968 was "not a diagnosis"
- or a psychosis, simply an observation about how blacks adjust
- to racism. "Naturally, blacks are angry."
- </p>
- <p> Kunstler does not know yet whether he will be allowed to use
- testimony linking Ferguson's rage to the resulting violence.
- If the courts say yes, Kunstler has reason to hope for juror
- empathy. A National Law Journal survey of 800 people taken in
- March showed that 68% of blacks and 45% of whites felt that
- a "compelling" defense could be made of fury resulting from
- long-term racism.
- </p>
- </body>
- </article>
- </text>
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