Nigger as Provocation?

In nigger by Randall Kennedy, the merits of allowing "nigger" to be considered violent provocation in criminal cases are discussed. In the case North Carolina v. Rufus Coley Watson Jr. an African American man killed a white man for calling him a nigger. The judge informed the jury that, "Words and gestures alone[,]...regardless of how insulting or inflammatory those words or gestures may be, do not constitute adequate provocation for the taking of human life" (61). Many people argue with this idea because they consider the word nigger to be ""a form of violence by speech""(62). Personally, while I agree that the word nigger is often meant to provoke violence and can most definitely evoke hatred and helplessness from any African American, I still do not agree with allowing this word to be considered a defense for violence. Just one of the dangers that comes out of this kind of defense is that African Americans will be seen as a people who have less control than others, and therefore need to have special treatment. Professor Ann Coughlin calls this ""the perils of leniency"" (63) arguing that this "will result in an entrenchment of the notion that blacks are less capable of self-control than others and ought, on that account, to be forgiven for their putatively unavoidable impulsiveness" (63). I think that African-American should stand up to this kind of blatant provocation by saying that they are will not lower themselves to vulgar violence, and that they will not be allowed to be demeaned by it. I agree with Ralph Edison, who says of this view that, ""It...abhors as obscene any trading on one's own anguish for gain or sympathy; which springs not from a desire to deny the harshness of existence but from a will to deal with it as men at their best have always done""(63). Beyond this argument, I also believe that our system of justice should not be based on revenge, but on a fair punishment. As Kennedy puts it, "If the primary purpose is utilitarian crime-control, the mere-words doctrine should be retained. If the primary purpose of the criminal law is retribution-dishing out just deserts-reform of the mere-words doctrine is preferable" (64). While Kennedy himself is in favor of retribution, and therefore allowing "nigger" to be used as a form of defense, I on the other hand am in favor of crime control that is not based on revenge, and therefore I do not believe that "nigger" should be used as a form reasonable provocation which can stand up as a defense for violence in court.