The liberal color blind paradigm of racism submerges race beneath the “commonsense” logic of crime and punishment. This effectively conceals racism, because it is not considered racist to be against crime. Cases like the execution of Troy Davis, where the courts come under scrutiny for racial bias, also legitimize state violence by treating such cases as exceptional. The political response to the murder of Troy Davis does not challenge the assumption that communities need to clean up their streets by rounding up criminals, for it relies on the claim that Davis is not one of those feared criminals, but an innocent Black man. Innocence, however, is just code for nonthreatening to white civil society. Troy Davis is differentiated from other Black men — the bad ones — and the legal system is diagnosed as being infected with racism, masking the fact that the legal system is the constituent mechanism through which racial violence is carried out (wishful last-minute appeals to the right to a fair trial reveal this — as if trials were ever intended to be fair!). The State is imagined to be deviating from its intended role as protector of the people, rather than being the primary perpetrator. […] The insistence on innocence results in a refusal to hear those labeled guilty or defined by the State as “criminals.” When we rely on appeals to innocence, we foreclose a form of resistance that is outside the limits of law, and instead ally ourselves with the State.
–Jackie Wang, “Against Innocence”