PALO ALTO, Calif. – If a former judge is going to accuse of current judge of making a decision based on “white privilege,” shouldn’t there be some concrete evidence?

There is obviously a lot of outrage – perhaps justified – over California Judge Aaron Persky’s recent decision to give Brock Turner, a star swimmer at Stanford University, a six-month jail sentence after he was convicted of raping an unconscious woman.

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But former Northern California Superior Court Judge LaDoris Cordell, who is black, told CBS This Morning that she believes Turner received the light sentence because of his “white privilege.”

The former judge was particularly critical of Persky’s statement regarding the light sentence: “…the evidence of his character up until the night of this incident…has been positive.”

“When he said that, alright, these are the mitigating factors, these were basically code for white privilege,” Cordell was quoted as saying by CBSLocal.com. “What about the person that isn’t enrolled in a prestigious school, that doesn’t have a stellar future looking ahead? Would the sentence be the same on the facts as they were in this case?”

Note that Cordell wondered about “the person” who is not as socio-economically privileged as Turner. That means she’s wondering if a convict witha less prosperous background would have also received a lighter sentence.

Not all poor people are black – so how do we go from there to “white privilege?”

Cordell went on to tell CBS San Francisco that “the bias that I found could have been an unconscious bias.”

Perhaps Persky was biased – consciously or otherwise – but what sort of bias might have been at play?

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Maybe the judge has a soft spot for college students, or college student-athletes, regardless of their race.

Stanford Law Professor Michele Dauber noted that Persky, like Turner, was once a Stanford athlete – the captain of the school’s lacrosse team.

“I think he was very persuaded by the background of the young man as an elite athlete,” Dauber told Romper.com.

Perhaps Persky has sympathy for all young men, regardless of their race. Perhaps he’s a misogynist who doesn’t believe women should be upset about rape.

There are lots of potential personal biases that might have influenced Persky. The point is that we just don’t know.

Before Cardell can say Persky gave Turner a light sentence because he is white, she should present a body of evidence, based on Persky’s sentencing record.

Has he displayed a definitive pattern of giving harsher sentences to black rapists than white rapists? Does he consistently give tougher sentences to black criminals in general than white criminals?

Has anyone ever accused Persky of racial bias in sentencing, before the Turner case?

Apparently not.

As CNN reports, “Before this case, Persky’s 13 years on the bench had been without controversy. The California Commission on Judicial Performance shows no record of complaints against Persky. On paper, the judge seemed likely to take a hard line when it came to sentencing.”

Accusing a judge of racial bias in sentencing is a serious charge. Such an accusation is certain to inflame anger among some Americans, particularly minorities, whether it is warranted or not.

A responsible former judge – or any responsible citizen – would do some homework, and make sure they can back up such an inflammatory accusation, before throwing it out there.