The Unconscious Calculus of Justice: Racial Bias in Legal Outcomes

The Unconscious Calculus of Justice: Racial Bias in Legal Outcomes

This episode of “A Psychoanalytic Perspective on Racism in America” takes a deep dive into the disturbing legal outcomes of state-sanctioned violence. The host and co-host, Dr. Karyne Messina and Dr. Felecia Powell-Williams, analyze the Department of Justice's sentencing recommendation for Brett Hankison, one of the officers involved in the raid that led to Breonna Taylor's death. The episode uses this case as a springboard to explore the central question: what unconscious processes are at work when the state acknowledges harm but refuses to assign it meaningful consequence? And how does this shape the racial psyche of a nation already strained by the traumatic repetition of Black death without accountability? The episode begins by examining the DOJ’s sentencing memo for Brett Hankison, who was convicted of federal civil rights violations for blindly firing his weapon. Drs. Messina and Powell-Williams note that while Hankison was not found directly responsible for Taylor's death, his actions contributed to a chaotic and dangerous situation. The DOJ's recommendation for leniency—framed around Hankison’s expressed remorse and mental health struggles—is presented not as a gesture of compassion but as a powerful act of disavowal. In psychoanalytic terms, this is a mechanism of simultaneously knowing and not knowing: the state admits a legal wrongdoing but emotionally withdraws from its moral and human significance. This defense is a way for institutions to maintain a sense of "white institutional innocence" by trivializing the consequences of their actions and deflecting from the deeper, systemic issues of race and historical violence. Drawing on historical analysis, the podcast then places this legal outcome within a larger pattern of Black death as public spectacle and white remorse as resolution. The hosts argue that these ritualized performances of remorse—appeals to "good intentions" and vague promises of reform—are ways to reassert order and preserve the racial status quo. They use Saidiya Hartman's concept that "innocence is the condition of whiteness" to explain how the justice system often re-centers the perpetrator's psychological state and suffering over the victim's. This reversal, where the officer is subtly pitied and the Black woman's life becomes incidental, is a key dynamic of this historical pattern. To further illustrate this psychic phenomenon, the episode sets up a comparative case study between the killing of Breonna Taylor, a Black woman killed by white officers, and the death of Justine Ruszczyk Damond, a white woman killed by a Black officer. The hosts detail the background, outcomes, and sentences in each case to illuminate the differential application of justice and the underlying psychic valuations of human life based on race in America. This comparison serves to highlight how the justice system's response is often a traumatic reenactment of historical patterns rather than a genuine move toward accountability and repair. The episode also introduces the Freudian concept of the return of the repressed, arguing that the persistence of Breonna Taylor’s name in cultural discourse—in art, protests, and community rituals—is a refusal to allow her death to be buried. These acts of symbolic resistance, or counter-memory as defined by Foucault, challenge the official narrative and insist on a different kind of justice. This alternative model of justice, the hosts conclude, requires not just legal process, but a willingness to bear witness to suffering and engage in the emotional labor and truth-telling that are necessary for genuine collective repair. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

Jaksot(391)

Emily Dinova, "The Antagonist" (Bruce Scivally, 2024)

Emily Dinova, "The Antagonist" (Bruce Scivally, 2024)

Today I spoke with Emily Dinova about her new novel The Antagonist (Bruce Scivally, 2024). Dinova, a psychoanalytic candidate working towards a license to practice psychoanalysis, wrote The Antagonist as a way of healing her own trauma. Written as a creative act of revenge, Dinova found herself in a fragmented state while writing the book. “I really feel like a fragmented part of myself wrote this book.” From this fragmented state she created characters who represent several psychoanalytic concepts including repression, negation, the uncanny, and Spotnitzian narcissistic object protection.  The structure of the novel is an enactment of Nachträglichkeit. I found the novel intoxicating and disorienting. It kept me happily off balance throughout. Rooted in the psychological adage that the urge to destroy does not have to be taught, Dinova renders her characters with layers of beguiling complexity. The horrors of this deeply informed psychological thriller unfold gradually. It is a masterful demonstration of unconscious processes. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

20 Marras 202447min

Steven J. Sandage and Brad D. Strawn, "Spiritual Diversity in Psychotherapy: Engaging the Sacred in Clinical Practice" (APA, 2021)

Steven J. Sandage and Brad D. Strawn, "Spiritual Diversity in Psychotherapy: Engaging the Sacred in Clinical Practice" (APA, 2021)

Although once marginalized in the field of psychotherapy, spirituality and religion have now become established ethical considerations in clinical research and practice. Drawing from diverse spiritual and religious backgrounds, this book offers clinical guidance for addressing a vast variety of traditions and complex diversity considerations in psychotherapy. Spiritual Diversity in Psychotherapy: Engaging the Sacred in Clinical Practice (APA, 2021) uses strategies and in-depth case descriptions to serve as a guide for therapists and clinical professionals to effectively integrate spirituality and religion into clinical practice. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

12 Marras 202455min

Anneli Jefferson, "Are Mental Disorders Brain Disorders?" (Routledge, 2024)

Anneli Jefferson, "Are Mental Disorders Brain Disorders?" (Routledge, 2024)

The question of whether mental disorders are disorders of the brain has led to a long-running and controversial dispute within psychiatry, psychology and philosophy of mind and psychology. While recent work in neuroscience frequently tries to identify underlying brain dysfunction in mental disorders, detractors argue that labelling mental disorders as brain disorders is reductive and can result in harmful social effects. Are Mental Disorders Brain Disorders? (Routledge, 2024) brings a much-needed philosophical perspective to bear on this important question. Anneli Jefferson argues that while there is widespread agreement on paradigmatic cases of brain disorder such as brain cancer, Parkinson's or Alzheimer’s dementia, there is far less clarity on what the general, defining characteristics of brain disorders are. She identifies influential notions of brain disorder and shows why these are problematic. On her own, alternative, account, what counts as dysfunctional at the level of the brain frequently depends on what counts as dysfunctional at the psychological level. On this notion of brain disorder, she argues, many of the consequences people often associate with the brain disorder label do not follow. She also explores the important practical question of how to deal with the fact that many people do draw unlicensed inferences about treatment, personal responsibility or etiology from the information that a condition is a brain disorder or involves brain dysfunction. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

4 Marras 20241h 25min

Stijn Vanheule, "Why Psychosis Is Not So Crazy: A Road Map to Hope and Recovery for Families and Caregivers" (Other Press, 2024)

Stijn Vanheule, "Why Psychosis Is Not So Crazy: A Road Map to Hope and Recovery for Families and Caregivers" (Other Press, 2024)

Today I talked with Stijn Vanheule about Why Psychosis Is Not So Crazy: A Road Map to Hope and Recovery for Families and Caregivers (Other Press, 2024). Are we all a little crazy? Roughly 15 percent of the population will have a psychotic experience, in which they lose contact with reality. Yet we often struggle to understand and talk about psychosis.  Drawing on his work in Lacanian psychoanalysis, Stijn Vanheule seeks to answer this question, which carries significant implications for mental health as a whole. With a combination of theory from Freud to Lacan, present-day research, and compelling examples from his own patients and well-known figures such as director David Lynch and artist Yayoi Kusama, he explores psychosis in an engaging way that can benefit those suffering from it as well as the people who care for and interact with them. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

29 Loka 20241h 1min

Derek Hook, “Six Moments in Lacan: Communication and Identification in Psychology and Psychoanalysis” (Routledge, 2018)

Derek Hook, “Six Moments in Lacan: Communication and Identification in Psychology and Psychoanalysis” (Routledge, 2018)

How can Bill Clinton’s “I did not have sexual relations with that woman” shed light on Lacan’s maxim, “The unconscious is structured like a language?” In Six Moments in Lacan: Communication and Identification in Psychology and Psychoanalysis (Routledge, 2018), professor Derek Hook thoroughly investigates and explains a number of Lacan’s major concepts from his structuralist period, making them accessible to a wide-ranging audience with reference to entertaining examples from popular culture. Hook argues that, while the fields of psychology and psychoanalysis share certain questions and premises, we must, as Lacan insisted, remain alert to the radical disjunction between the objectifying aims of psychology and psychoanalysis’s unique attention to the subject, conceived as an event in language. In this interview, we hear Derek explain several of his book’s key arguments, explore the clinical dimensions of Lacanian theory, and, alongside Derek’s illuminating commentary, listen to Richard Nixon confess his responsibility for Watergate. Jordan Osserman grew up in South Florida and currently calls London home. He received his PhD in gender studies and psychoanalysis from University College London, his MA in psychosocial studies from Birkbeck College, and his BA in womens and gender studies from Dartmouth College. His published work can be found here. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

25 Loka 202457min

Psychoanalytic Defense Mechanisms in James Baldwin’s "Tell Me How Long the Train's Been Gone"

Psychoanalytic Defense Mechanisms in James Baldwin’s "Tell Me How Long the Train's Been Gone"

This podcast describes a short history of a man who did something we’ve lost in America. That man was James Baldwin who insisted on telling the truth. He confronted the harsh realities of racism, believing that exposing its ugliness was necessary for progress. He rejected simplistic solutions, arguing that racism was deeply rooted in American consciousness and imagination, beyond just political and economic inequalities. Instead, Baldwin called for a fundamental transformation of American society and identity. He critiqued white America, urging white Americans to confront their own behavior and complicity in racist systems. Controversially, Baldwin advocated for Black Americans to approach white countrymen with love, while still insisting on unconditional freedom, seeing this as necessary for true transformation. He ultimately wanted to build a nation that moved beyond racial categorization, focusing instead on individual humanity. Baldwin viewed racism as stemming from a deeper spiritual problem in America, where individuals and the nation lacked a true sense of identity. While he did not offer simple solutions to racism, Baldwin's penetrating analysis and powerful writing exposed the complexities of racism in our country, challenged both white and Black Americans to confront difficult truths, and provided a framework for understanding racism beyond just political reforms. His work continues to influence discussions on race in America today, aiming not to ameliorate racism in a superficial sense, but to push for a profound reckoning with and transformation of American society and identity in relation to race. Tell Me How Long the Train's Been Gone is a powerful novel that explores the complexities of race, sexuality, and identity in America through the life of its protagonist, Leo Proud/hammer. As the story begins, Leo, a successful African-American actor, suffers from a heart attack. As he recovers he reflects on his life and relationships. It is also of interest to note how James Baldwin’s novel relates to Dr. Matin Luther King Jr.’s non-fiction book, Where Do We Go From Here: Chaos or Community? Both books are discussed in terms of the major contributions they made to racism in America as well as how they illustrate psychoanalytic mechanism of defense. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

16 Loka 202440min

Sandra Buechler, "Psychoanalytic Approaches to Problems in Living" (Routledge, 2019)

Sandra Buechler, "Psychoanalytic Approaches to Problems in Living" (Routledge, 2019)

Sandra Buechler joins hosts Christopher Bandini and Tracy Morgan to discuss her latest book, Psychoanalytic Approaches to Problems in Living: Addressing Life's Challenges in Clinical Practice (Routledge, 2019), which continues her long standing exploration of the role of values in the work of psychoanalysis. The book discusses the many common difficulties that drive patients into treatment, such as loss, a hunger for meaningful work, the wish for revenge, aging, queries over forgiveness, struggles with guilt and shame. Buechler shows us how the analyst’s values inevitably shape their approach to these common topics, tilting treatments in myriad directions. As is her wont, she engages with poetry to deepen her explanations. She tells us that each of her books is generated by questions left unanswered in the previous one. And in each book, including this one, we see her in conversation with her forebears, particularly Sullivan, Fromm and Fromm-Reichman—what she calls her internal chorus.  What makes this interview especially rich is the discussion between Bandini, her former supervisee of 14 years and herself. She is a member of his internal chorus. Their tone with each other has a familiarity and warmth. But they have both had to face the loss of that particular way of relating, supervisor to supervisee. Buechler most recently retired from clinical work, making her a maverick in a profession where “dying in one’s chair” is not exactly a joke. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

6 Loka 202459min

Neil Vickers and Derek Bolton, "Being Ill: On Sickness, Care and Abandonment" (Reaktion Books, 2024)

Neil Vickers and Derek Bolton, "Being Ill: On Sickness, Care and Abandonment" (Reaktion Books, 2024)

A serious illness often changes the way others see us. Few, if any, relationships remain the same. The sick become more dependent on partners and family members, while more distant contacts become strained. The carers of the ill are also often isolated. This book focuses on our sense of self when ill and how infirmity plays out in our relationships with others. In Being Ill: On Sickness, Care and Abandonment (Reaktion, 2024) Dr. Neil Vickers and Dr. Derek Bolton offer an original perspective, drawing on neuroscience, psychology and psychoanalysis, as well as memoirs of the ill or their carers, to reveal how a sense of connectedness and group belonging can not only improve care, but make societies more resilient to illness. This is an essential book on the experience of major illness. This interview was conducted by Dr. Miranda Melcher whose new book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/psychoanalysis

5 Loka 202456min

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