confusing?

[RikPik]

Having been tried of a crime, the jury cannot come to a decision as to your guilt. So the judge decides to give you a chance to save or condemn yourself. He tells you he will put two balls of identical size, shape, texture, and mass inside an opaque bag. The only difference between the two balls is one is white and the other black. You must then choose one ball by hand without looking inside the bag. If you pull the white ball you are innocent- black guilty. However, as the judge is placing the balls into the bag you notice that both are black. How do you survive?

accuse the judges for racism