Black Rage and the Criminal Law: A Principled Approach to a Polarized Debate

Abstract

Tragedy struck the Long Island Railroad on December 7, 1993, as the 5:33 to Hicksville left the New York City limits.' Methodically, as if collecting train tickets, Colin Ferguson passed down the aisle of the third car of the train, steadily shooting to his right and then to his left, until he emptied two fifteen-bullet clips into twenty-five defenseless Long Island commuters.2 Handwritten notes in Ferguson's pockets explained his actions as a venting of the he-a man-felt toward everyone from Gov[ernor] Mario M. Cuomo to the state Workers' Compensation Board to Asians, whites, and 'Uncle Tom Negroes.'3 Months later, the racial stress, anxiety, and anger evidenced in these notes would provide the foundation for Ferguson's legal defense: a new twist on the traditional insanity defense called the black rage defense.4