Covered this month:
Suspects of Terrorism and Due Process
Race in the Age of Obama

This month’s insight into the public mind is on rights for suspects of terrorism and due process, and racial attitudes in the age of Obama, a topic which we will continue to track and analyze here over time.

SUSPECTS OF TERRORISM AND DUE PROCESS
The Obama administration has decided to try five terrorist suspects and Guantanamo Bay detainees, including alleged mastermind of the 9.11 attacks Khalid Sheikh Mohammed in civilian federal court in New York. Since the decision was announced, several polls have been released exploring Americans approval, or not, of the administration’s decision. The public seems to be divided on whether military or civil trial with an edge for the former option. However not all polls tell the same story. Support for closed military courts tends to increase—drastically—dependent on the wording of the question and the information inserted in it. In no studies did the option for a civil trial gain more support than military courts. A closer look at demographic breakdowns suggest that party affiliation, as expected, drives support for military trial up.

The results of CBS News, ABC News/Washington Poll and CNN/Opinion Research are shown on chart 1, and party affiliation breakdown according to the CBS poll on chart 2.

CBS News Poll

The wording of the questions is as follows:
ABC/Post: Would you rather have suspects accused of involvement in the September 11 terrorist attacks put on trial in (the federal court system in the United States), or in (a military tribunal set up for that purpose)?

CBS News: When it comes to dealing with people suspected of involvement in terrorist attacks against the United States, which would you prefer: 1) Trying them in open criminal court with a jury, and a civilian judge, or 2) Trying them in a closed military court with a military judge?

New York State
45% of New Yorkers, when asked by Marist poll, said that a civil trial for the five detainees would be a good idea versus 41% who think it’s a bad idea. 14% are unsure.  Greg Sargent on his blog notes that opposition to the trial "New York court is almost entirely driven by old, white, and Republican voters. When the numbers are broken down by age, the only group against the trial is made up of those over 65, by 46%-41%. The other age groups are in favor of it. When the numbers are broken down by race, the only group against the trial is made up of whites, by 49%-41%. Blacks and Latinos both favor it, Latinos overwhelmingly so. And when the poll is broken down by party, Republicans are overwhelmingly against the trial, 68%-23%. Dems and “non-enrolled” both favor it."

Due process

It is also important to understand where Americans stand on one’s right to fair treatment in general, and in the case of suspects of terrorism and detainees. The most recent available data is drawn from studies conducted in 2007 and 2006, but we have reason to believe that public opinion has not shifited, especially in the case of due process for all, in the past two years.

More than eight in ten Americans feel strongly that being treated fairly in the criminal justice system if accused of a crime (83%) should be considered a human right, according to an August 2007 survey by The Opportunity Agenda and Belden Russonello & Stewart.

Should Terrorism Suspects Have Due Process Rights?
Word Public Opinion asked Americans in July 2007 about legal protections that should be granted to suspects of terrorism. 73% said such suspects should have the right to request and receive a hearing in the case of those "captured outside the U.S.". In addition, 77% said such suspects should be given access to a lawyer; 60% said they should not be held indefinitely without charges or a trial in the case of suspects "arrested in the U.S.". According to Word Public Opinion "The size of the majority supporting such rights was a bit lower for terrorism suspects than for suspects in general. Separate samples were asked about the rights of detainees in general and about the rights of those suspected of terrorism. Significantly fewer respondents favored legal protections for terrorism suspects, with differences ranging from 4 to 14 points."

An afterthought: It is important to remember that due process is central to the credibility of our justice system, and American values of justice and fairness only stand strong when we uphold the human right to due process.  Once we start denying rights for one individual or type of people, it puts all individuals’ rights at risk.

AMERICAN ATTITUDES ON RACIAL JUSTICE

Many Americans are ambivalent on the modern existence of racial bias and other forms of unequal opportunity in our laws or workplace policies. At the same time, many also report incidents of such bias in their immediate community seen or experienced in their daily lives. But with the historic election of an African American president, that skepticism is more widespread and more vocal than ever.

Starting today, we will summarize and analyze through this platform race, public opinion and media. Intergroup (racial or ethnic) relations in the U.S., and attitudes, assumptions and anxieties that people have about themselves and those in other groups will be placed under the microscope. How social changes, such as ethic diversification or the surge of an African American to the national stage, impact those attitudes, and how racism suffuses, if at all, the decisions we make, political or social.

A retrospective look at dominant themes of public opinion and discourse on race shows that most Americans admit that there has been progress getting rid of racial discrimination since the 1960’sand that African Americans have or will soon soon achieve racial equality. However, many Americans still perceive racial discrimination in their own community, and think that racism is still a problem in our society, with a majority says that racism is still a problem in our society, although far fewer Americans think that it s a big problem compared to about 1 out of who think that it is somewhat of a problem. Acceptance of existence of racism or discrimination is driven by black Americans, at times at large. Whites are less likely to perceive racism while Latinos and Asians are somewhere in the middle.

As expected, there is a large gap between what Americans think should be the standard practice and what they perceive as such in our country. Although a vast majority of Americans (83%) strongly believe that equal opportunities regardless of race and freedom from discrimination are human rights, a much smaller majority (60%) think that white and black people have "an equal chance of getting ahead."

Race Relations in the U.S.
Conflicts between blacks and whites are perceived as strong by far less whites (38%) than African Americans (53%) or Latinos (47%).

Blacks and whites equally think that race relations will always be a problem in the U.S. ( about 43%)

All above, source: Pew Research Survey April 2009

Racial discrimination and Racism
There has been progress getting rid of racial discrimination since the 1960’s: 83% of whites, 59% of blacks.
The New York Times/CBS News Poll, April 2009
1 out of 2 think that blacks experience racial discrimination in their community (64% of blacks, 43% of whites)

3 out of 4 blacks have personally felt discriminated against 
because of their race

Far fewer Americans (26%) think that racism is a big problem (1 out of 2 blacks, 1 out of 5 whites). Yet, most Americans think that it is a problem, whether big or somewhat big: 85% of blacks, and 72% of whites.

The source for all of the above: Washington Post-ABC News Polls Jan 2009

Equal Opportunity

Most Americans (60%) think that white and black people have an "equal chance of getting ahead". More blacks than ever think so but still not a majority (44%). Also a majority think (73%) that African Americans have reached or will soon achieve racial equality. The New York Times/CBS News Poll, April 2009

Personal responsibility vs. Equal Opportunity

Failure to take advantage of available opportunities (62%) rather than discrimination by whites is more of a problem for blacks today (21%)

CNN/Essence Magazine/Opinion Research Corp. July 2008

Through a Human Rights lens:

Vast majorities strongly believe that equal opportunities regardless of race (86%), Being treated fairly in the justice system (83%), or Freedom from discrimination (83%) are human rights.

Racial profiling (84%), or Police stopping people solely based on their race (84% agree) are violations of their human rights.

The Opportunity Agenda/BRS Survey August 2007
Ethnic Diversification and Intergroup relations

More Americans believe that there is a serious conflict between immigrants and native–born than between blacks and whites. Pew Research Survey April 2009

Read more at The Opportunity Agenda website.

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