Massachusetts' highest court says black men may be legally justified in running from the police


In a decision issued Tuesday, the Massachusetts Supreme Judicial Court ruled that in light of data evidencing disproportionate police profiling of black men, a black man's decision to flee police may be legitimate and should not automatically be treated as suspicious behavior or an implicit admission of guilt:
We do not eliminate flight as a factor in the reasonable suspicion analysis whenever a black male is the subject of an investigatory stop. However, in such circumstances, flight is not necessarily probative of a suspect's state of mind or consciousness of guilt. Rather, the finding that black males in Boston are disproportionately and repeatedly targeted for FIO [Field Interrogation and Observation] encounters suggests a reason for flight totally unrelated to consciousness of guilt. Such an individual, when approached by the police, might just as easily be motivated by the desire to avoid the recurring indignity of being racially profiled as by the desire to hide criminal activity. [Massachusetts Supreme Judicial Court]
The ruling specifically concerned the case of Jimmy Warren, an African-American man who was arrested based on a very vague description of a criminal suspect and the fact that he ran from a cop. Though Warren wasn't caught with any contraband, he was charged with possession of an unlicensed gun found near the place of his arrest.
This decision overturned Warren's conviction. It was hailed as momentous progress for minorities in America by the American Civil Liberties Union and as a disappointing ruling which is "heavily tainted" against police by Boston's police commissioner.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
-
Colleges are canceling affinity graduations amid DEI attacks but students are pressing on
In the Spotlight The commencement at Harvard University was in the news, but other colleges are also taking action
-
When did computer passwords become a thing?
The Explainer People have been racking their brains for good codes for longer than you might think
-
What to know before 'buying the dip'
the explainer Purchasing a stock once it has fallen in value can pay off — or cost you big
-
ABC News to pay $15M in Trump defamation suit
Speed Read The lawsuit stemmed from George Stephanopoulos' on-air assertion that Trump was found liable for raping writer E. Jean Carroll
-
Judge blocks Louisiana 10 Commandments law
Speed Read U.S. District Judge John deGravelles ruled that a law ordering schools to display the Ten Commandments in classrooms was unconstitutional
-
ATF finalizes rule to close 'gun show loophole'
Speed Read Biden moves to expand background checks for gun buyers
-
Hong Kong passes tough new security law
Speed Read It will allow the government to further suppress all forms of dissent
-
France enshrines abortion rights in constitution
speed read It became the first country to make abortion a constitutional right
-
Texas executes man despite contested evidence
Speed Read Texas rejected calls for a rehearing of Ivan Cantu's case amid recanted testimony and allegations of suppressed exculpatory evidence
-
Supreme Court wary of state social media regulations
Speed Read A majority of justices appeared skeptical that Texas and Florida were lawfully protecting the free speech rights of users
-
Greece legalizes same-sex marriage
Speed Read Greece becomes the first Orthodox Christian country to enshrine marriage equality in law