B. Coping

      Coping is a term used to describe the manner in which individuals respond to stressors. The methods of coping most commonly employed by Blacks further illustrate the connection between racial abuse and the mental and physical sequelae that result from such abuse, and suggest a heightened reaction to specific racial abuses.

      Models of stress and disease often distinguish among stress exposure, which involves confrontation with an environmental stressor, stress appraisal, which involves estimating the relative threat of the stressor, and weighing demands against available resources and stress response, which involves emotional, physiological, and behavioral responses to the appraised stressor. There is, of course, enormous variation in how an individual responds to racial abuse. Four stress coping styles employed by Black individuals have been identified by Myers:

      • the overt expression of anger or fear;

      • suppression and inward direction of anger;

      • artificial methods of reducing tension (e.g., narcotics and alcohol); and

      • self-directed stress-management style based upon the demands of the situations.

      Researchers believe that the fourth option is the most productive and valuable. However, this is not an option for everyone. Inevitably, there are victims of racial abuse incapable of such self-reflection, or without the coping mechanisms for relieving stress. Arguably, these are the individuals most likely to come into contact with the criminal law and for whom an infusion of critical psychology into criminal mitigatory defenses is the most relevant.

      As mentioned above, in addition to the mental sequelae of racism, there are also corollary physiological responses. In assessing the cumulative burden of racism, it is reasonable to expect greater psychological and physiological impacts, and consequently greater allostatic load, in those that report repeated exposure to both objectively measurable stressors as well as subjectively experienced stress and distress due to exposure to racism. Therefore, “stress response,” as explored in the critical psychology, is an essential point of analysis for provocative conduct and the reaction thereto, the disturbance assessed in extreme emotional disturbance, and the mental impairment determination in diminished capacity. Specifically, if the stress response relates to a micro- or macro- aggression, this information may be worthy of evidentiary consideration in the criminal defense analysis.

      Of course, it is also likely that racialized individuals and groups will differ in the degree to which they have developed “racial” filters, cognitive schemas, or scripts that mediate how they interpret and respond to “racially meaningful experiences” experiences. American history and contemporary racial problems may explain why some individuals or groups have more sensitive racial filters that predispose them to interpret a wider range of experiences and events as “racially meaningful.” Such a racial default position should come as no surprise--American history has taught Blacks and other people of color to be wary of Whites and has lead to heightened scrutiny of suspect behavior or speech. Interracial communications are burdened by subtext; little is taken at face value in such interactions and reactions are often devoid of filtration. Admittedly, responses need not be violent. There are substantially different individual responses to stressors. These individual responses are conditioned by factors related to the constitutional make-up of an individual, coping skills, and resources such as financial, religious and familial access for counseling and support. Additionally, psychological behavioral factors are likely to mediate or moderate distress effects on well-being.

      According to Banyard and Graham-Bermaun, “coping occurs in a context shaped by social forces based on gender, race, class, age and sexual orientation. These forces exert a powerful influence both on how a stressfulsituation is appraised and on judgments made about what coping resources are available.” An individual's social position can constrain resources and choice of coping strategies. Therefore, those with more resources typically cope “better.” Members of marginalized groups may face special challenges to active, as opposed to passive, coping. Factors such as limitations on finances, information, and access to requisite technical expertise or other resources, as well as cultural, social, or psychological barriers, may discourage active coping.

      As such, Blacks confronted with interactions that are hostile or otherwise uncomfortable likely adopt a default position, described by critical psychologists as “Constant Threat Awareness,” which ascribes racial animus to those interactions. Unlike most Whites, many Blacks are aware of their racialized status. Blacks are often either consciously or unconsciously on their guard, gauging how they are perceived and treated by Whites and by other ethnic or racial groups. Many Blacks engage in what is colloquially known as “picking your battles.” Such a state of heightened vigilance, hyper-reactivity, and preemptive coping is psychologically taxing, tiring, and is likely to increase the risk of psychological distress and other disorders. In addition to being burdensome, such constant “sizing up,” by which the possibilities for racial conflict are estimated, may lead to misinterpretations or overreactions due to allostatic load. This in turn increases the impact such events may have on health and well-being. Criminal law implications stem from the reasonableness assessment. Indeed, the (over)reaction which might result from a racialized encounter under a scenario of prolonged or heightened threat awareness is the catalyst of the criminal law defense theory. For instance, had the Walker family in Bohanon responded to the threatening letters with violence, such actions might have provided the prototypical case to examine the relevance of critical psychology--the Walker's allostatic loads, threat awareness, and level of (hyper)vigilance would be material for the determination of criminal culpability.