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“Addicts Deserve Alternatives To Prison”: Misguided War On Drugs Has Left Many Victims With Scars

Earlier this month, five Republican presidential contenders addressed a New Hampshire forum concerned with a crisis swamping certain regions of the country, including New England: heroin addiction. The candidates spoke passionately, some sharing personal experiences, according to news reports.

Jeb Bush spoke of his family’s turmoil as his daughter Noelle, now 38 and in recovery, struggled with an addiction to prescription drugs and cocaine. “What I learned was that the pain that you feel when you have a loved one who has addiction challenges and kind of spirals out of control is something that is shared with a whole lot of people,” he said.

Carly Fiorina also talked about her family’s struggles; her stepdaughter, Lori Ann, died at 34 after years of battling drug and alcohol abuse.

“… As Lori grew progressively sicker, the sparkle, the potential, the possibilities that had once filled her life — disappeared from behind her eyes,” she said.

This new frankness and sympathy concerning the physical, emotional and financial costs of drug addiction comes as white middle-class Americans have found their lives upended by the emergence of heroin as the drug of choice for their children and grandchildren. Nationwide, the number of deaths from heroin rocketed from fewer than 2,000 in 2001 to more than 10,000 in 2014, according to the National Institute on Drug Abuse. And experts say that nearly 90 percent of those who tried heroin for the first time in the last decade were white.

As a result of their experience, there has been a stark change in public perceptions of drug abuse. You see it not only in the more sympathetic rhetoric on the campaign trail, but also in the less aggressive methods of law enforcement and the softer penalties meted out by legislative bodies. Police chiefs now speak of addiction as a medical and psychological problem that deserves treatment, not incarceration. And parents insist that their children be treated as victims, not as perpetrators.

If this signals an end to the wretched, misguided and punitive war on drugs, I welcome it. Still, I find it heartbreaking that the nation didn’t have the clearheadedness, the courage and the compassion to see addiction as something other than a crime during the 1980s, when crack was the scourge of poor black neighborhoods.

Back then, lawmakers, especially conservatives, competed to see who could impose the harshest measures on poor drug addicts, and police officers routinely rounded up penny-ante dealers to bolster their arrest records. I can recall the wild accusations about crack users, the phony science, the harebrained predictions.

When Congress passed the 1986 Anti-Drug Abuse Act, it enacted mandatory minimum sentences for drugs and enshrined into law harsher penalties for the use of crack cocaine than for powdered cocaine, which was more likely to be used by whites. Offering up invalid assertions not backed by any data, lawmakers insisted that crack was more dangerous — as were its users.

Remember the dire warnings about crack babies? According to some so-called experts, the nation would see a wave of children born to crackhead moms, babies whose intelligence would always be stunted and whose physical capacities would always be limited. In fact, those pseudo-facts turned out to be gross exaggerations. Some babies were, in fact, born addicted, but, given appropriate medical care, most have turned out to be no different than their non-addicted peers.

The crack epidemic finally died away, but the after-effects of the misguided war on drugs linger in the lives of countless black men and women. That so-called war has drained the national treasury of billions of dollars, torn apart countless black families and decimated entire black neighborhoods.

It has made permanent second-class citizens, forever marginalized, of tens of thousands of black men and women because felony records have rendered them virtually unemployable. In some states, those with felony convictions are not even permitted to vote.

Now that we seem to have finally figured out that addicts deserve alternatives to prison, perhaps we can find a way to help those who bear the scars of the war on drugs. They are victims, too.

 

By: Cynthia Tucker Haynes, Pulitzer Prize for Commentary in 2007; The National Memo, January 9, 2016

January 10, 2016 Posted by | Criminal Justice System, Drug Addiction, War on Drugs | , , , , , , , , | 1 Comment

“McGinty Never Intended To Prosecute The Officers”: Tamir Rice Prosecutor Indicted Innocent Men, But Not Killer Cops

Cuyahoga County, Ohio, prosecutor Timothy J. McGinty’s announcement that a grand jury, at his office’s recommendation, declined to file charges against the two officers who killed 12-year-old Tamir Rice surprised almost no one.

McGinty has made no attempt to mask his belief that rookie officer Timothy Loehmann and his partner Frank Garmback committed no crimes on the afternoon of Nov. 22, 2014. That’s the day when Garmback rapidly pulled their police cruiser within inches of Rice at a Cleveland community center and Loehmann jumped out, firing.

In fact, during his press conference, McGinty made numerous mentions of the many risks police officers face, the split-second decisions they have to make to protect their and the public’s lives, and how real the toy gun Rice was holding as he played at the park looked.

In what could have been a defense closing argument, McGinty stated that the enhanced surveillance video that captured Rice’s shooting, and the aftermath in which he lay bleeding and unattended on the ground, while his 14-year-old sister was tackled to the ground by officers, handcuffed and put in the back of a patrol car as she tried to run to him, “proved” that Rice was indeed “drawing his pistol” (which was actually a pellet gun) as the officers approached.

And while McGinty called the shooting a tragedy and a “perfect storm of miscommunication and human error,” he insisted that it “did not indicate criminal conduct by the officers.”

None of it was unexpected.

McGinty insisted on taking the case to a grand jury, dragging it out for months, despite a judge ruling in June that there was probable cause to charge Loehmann and Garmback with crimes, including involuntary manslaughter, reckless homicide, negligent homicide dereliction of duty and, in Loehmann’s case, murder. Attorneys for Rice’s family cried foul as McGinty allowed the officers to take the oath and read prepared statements to the grand jury with no cross-examination, and he released reports justifying the killing written by outside experts, which the family’s attorneys denounced as biased.

Last month, he made disparaging remarks about the Rice family and their lawyers, appearing to accuse them of seeking to profit from the child’s death through a pending lawsuit.

And despite his professions of sympathy for the family, including saying he and his staff could see their own children and grandchildren in the face of the now-dead boy, attorneys for Rice’s family said that prior to telephoning her on Monday to inform her of the grand jury decision, the prosecutor has rarely bothered to communicate with Tamir’s mom.

The question now, for those Cleveland residents who are dismayed by the sullen, foregone conclusion of the Rice case, is what they plan to do about it.

McGinty, a Democrat, faces a March primary, in which he will face former assistant prosecutor Michael O’Malley, who resigned from the department this spring. O’Malley has the backing of at least one prominent black politician: U.S. Congresswoman Marcia Fudge, the former chair of the Congressional Black Caucus, and a onetime Cleveland-area mayor.

McGinty, for his part, claims the support of a former NAACP leader and once-powerful City Council president, George Forbes, a pillar of Cleveland’s black community. But the aging and now-retired Forbes failed to appear as scheduled as one of McGinty’s two allotted endorsers when the County Democratic Party’s executive committee met this month to decide whether to back him for re-election. And depending on whom you ask, Forbes’ absence was either a testament to his growing physical infirmity, or a telling indication of how deep, or how public, the elder statesman intends his support to be.

In the end, the committee returned no endorsement, an unprecedented rebuke of an incumbent.

Not that McGinty is unaccustomed to rebuke. He eked a win in a five-way Democratic primary in March 2012, amid voter turnout that was nearly half of what it was in March 2008, when 41.5 percent of Cuyahoga County’s million-plus registered voters went to the polls (redistricting reduced the total to 890,000 voters after 2010). McGinty received 41,541 votes, or just 34.9 percent, despite fervent opposition from black organizations like the Carl Stokes Brigade, a civil rights group named for the legendary first black mayor of Cleveland or any major U.S. city.

The candidates he defeated included Stephanie Hall, a black, former Cleveland police officer who ran on a platform of fixing the “broken relationship” between communities of color and police. He also beat civil rights lawyer and former federal prosecutor Subodh Chandra, who was endorsed by Rep. Fudge and a group of local civil rights activists, and who today is among the attorneys representing Tamir Rice’s family.

Hall, who finished second with just over 24,500 votes and 20.6 percent, and Chandra, who took 20,269 votes and finished third, split the non-white vote in a race that saw a total under-vote of more than 25,000. (Hall is now an assistant county prosecutor, meaning she essentially works for McGinty.) Together, Hall and Chandra received a combined 37.6 percent of the vote.

McGinty went on to handily defeat an African-American criminal defense attorney, Ed Wade, who ran as an independent that November, in the heavily-Democratic county where President Obama got 69 percent of the vote to Mitt Romney’s 29 percent. McGinty did even better, beating Wade 79.6 percent to 20.4 percent. But 164,884 residents who voted for Obama simply didn’t vote in the prosecutor’s race—an amount equal to 40 percent of McGinty’s 386,091 total votes.

The upshot: Many voters either skipped the race on the ballot, or simply sided with the Democrat down ticket from Obama.

The results didn’t mean McGinty ever had broad favor with Clevelanders, or even his peers. He had a reputation during the 1980s as a crusading assistant county prosecutor with a lock-’em-up and throw-away-the key philosophy—a popular stance in the crack cocaine era—but who also saw a number of his cases reversed on appeal. His critics point to numerous citations for prosecutorial misconduct, including one for hiding exculpatory evidence in a 1988 case of a man sentenced to life in prison for the rape of his own 8-year-old daughter, but who later was granted a new trial.

Perhaps McGinty’s highest profile botched case was that of Anthony Michael Green, a black man convicted of raping and robbing a white cancer patient at the hospital where he formerly worked, based solely on the victim identifying Green after his picture alone was included in two separate photo arrays shown to the gravely ill woman. The case was overturned based on DNA evidence with the help of the Innocence Project in 2001, after Green spent 13 years in prison (the real rapist eventually confessed and got five years.)

And though he expressed regret for the wrongful conviction, McGinty threw in the flourish of admonishing Green for allegedly bragging about his sexual exploits, something Green denied, and effectively causing his own conviction.

McGinty ran for judge in 1992, the year of Bill Clinton’s national ascendancy, on a mantle of cracking down on political patronage and corruption, and of course, getting tough on crime. He won, but he continued to irk attorneys and colleagues alike with moralizing lectures in court. He once went off on radio shock jock Howard Stern while sentencing a man accused of sabotaging a Stern broadcast, calling the radio host a “crude and obscene rabble-rouser,” prompting Stern to retaliate on the air by trying, unsuccessfully, to boost McGinty’s 1994 re-election opponent.

The question now is whether times have changed so much since the ’90s that McGinty will now pay a political price for his bare-knuckles style, for his handling of the Rice case, and for the failed prosecution of Michael Brelo, the police officer acquitted in May of manslaughter in the deaths of unarmed black motorists Timothy Russell and Malissa Williams, who died in a hail of 137 bullets following a police chase in 2012.

Cuyahoga County’s population is 30 percent African-American, and black leaders could in theory get behind O’Malley, who has said he would have brought the Rice case to a more expeditious close, though he has not said if he would have come to a different conclusion.

O’Malley, who filed just weeks before the deadline, isn’t well known to black leaders, but he has been reaching out to pastors and civic leaders seeking their support. His brother, who heads the local electrical workers union, has also been hitting the phones on O’Malley’s behalf. McGinty is sure to accuse O’Malley, who has ties to the old Cleveland patronage system, of trying to bring back the bad old days of machine politics.

And not all of McGinty’s critics are convinced O’Malley would be any better. “We are opposed and always have been to Tim McGinty as Cuyahoga County Prosecutor,” said David Patterson, the president of the Carl Stokes Brigade. ”His reputation as a pro-police, anti-African American prosecutor relative to the ‘justice’ system is well known throughout the black community. O’Malley, on the other hand, is a protégé of former County Prosecutor Bill Mason, whose track record was at least as bad as McGinty’s. We believe McGinty will be voted out but in reality the O’Malley alternative is like exchanging a cobra for a rattlesnake.”

Rev. Jawanza Colvin, who pastors Olivet Institutional Baptist Church in Cleveland, said the non-endorsement by the county party was a big deal, and an indication that whatever they think of O’Malley, a majority of influential Democrats, black and white, are ready to wash their hands of the current prosecutor. Colvin said it was the outcry by a coalition of organizations, including the Cleveland 8, the group that went to court to try to obtain indictments against the officers in the Tamir Rice case this summer and of which he is a member, Cleveland’s Movement for Black Lives, the NAACP, and the Children’s Defense Fund that led to the unprecedented number of party leaders who “abstained” from endorsing either McGinty or O’Malley.

Colvin indicated that depending on the case he makes to the community for what he would do differently in the prosecutor’s office, momentum could ultimately fall to O’Malley, or, unlike in 2012, to an as-yet undeclared third-party candidate. Either way, Colvin predicts McGinty will lose.

“When we start to connect the dots from Tamir Rice, to Chicago, to Ferguson, to Baltimore… we have seen how prosecutors have operated differently in using their discretion,” Colvin said. “A lot of us in the activist community have gotten a whole new education on the criminal justice system. But it really just comes down to the importance of voting.”

McGinty won’t be the only Democratic canary in 2016’s prosecutorial coalmine. He and Cook County, Illinois, prosecutor Anita Alvarez, who took a year to bring charges in the Chicago police-involved shooting death of Laquan McDonald, will face primary voters on the same day: March 15, 2016.

It will be a date criminal justice reform activists, and big-city Democratic prosecutors, will be watching very closely.

 

By: Joy-Ann Reid, The Daily Beast, December 30, 2015

December 31, 2015 Posted by | Criminal Justice System, Tamir Rice, Timothy McGinty | , , , , , , | Leave a comment

“Ethical Canons? So Much For Promises”: Tamir Rice Decision Shows; You Can Get Away With Murder

You can get away with murder.

You can shoot a child in an open park. You can lie about the incident. You can refuse to cooperate with investigators. You can, if a Cuyahoga County prosecutor and grand jury are to be believed, escape indictment even when the entire episode is captured on videotape.

Tamir Rice did not deserve to die. The man who killed him, Cleveland police officer Timothy Loehmann, will never spend a day in prison.

It has been 13 months since Rice was gunned at a Cudell Recreation Center last winter. He was carrying a toy gun, playing imagery games in the snow Nov. 22, 2014, when someone dialed 911 to report a “guy with a gun.” The dispatcher was advised that the “gun” was likely a toy.

Authorities promised a full and fair investigation. In the end, after months of fact-finding, a grand jury refused to indict Officer Loehmann or his partner Frank Garmback, even though the shooting was initially ruled a homicide.

Loehmann shot Rice once in the torso. But that wasn’t his only misdeed that night. Even after he and Garmback realized their mistake—after it dawned on them that Rice was a child, not a “guy,” armed with a toy, not a “gun”—neither man rendered medical aid, as the boy lay mortally wounded on the concrete.

When Rice’s older sister struggled to get to his side, they handcuffed and stuffed her into the back of their cruiser— rather than address her with the compassion she deserved. And, while Tamir lay dead in the morgue, the officers filed criminal charges against him.

During a press conference Monday, Prosecutor Timothy J. McGinty said he recommended that the panel decline to indict. McGinty claims that the officer’s actions were “not criminal,” but the result of “a perfect storm of errors.”

The grand jury, which has been meeting since October, agreed with McGinty.

But, who can believe the words of a man who once accused a grieving mother of attempting to profit from their child’s death?

“The law gives the benefit of the doubt to the officer who must make split-second decisions,” he told reporters, “when they reasonably believe their lives or those of innocent bystanders are in danger.”

“The Supreme Court,” McGinty proclaimed, “prohibits second-guessing police tactics.”

Throughout the Monday press conference, McGinty repeatedly referred to a “guy with a gun.” That “guy” was a boy who hadn’t been on his first date yet, never kissed a girl and now will never get married or have children of his own. He didn’t get the benefit of the doubt. Rice will not get a second chance or the opportunity to second-guess the actions of that officer.

A surveillance video shows Loehmann, the patrolman, a rookie with a troubled training record, shooting Rice within two seconds of encountering him. The shots rang out even before Garmback could bring the squad car to a full stop. Loehmann, according to investigators, ordered Tamir to drop his weapon—an AirSoft pellet gun that was tucked in his pants—multiple times. At least, that was the claim. But there was simply no time for him to have uttered those words, no time for Tamir to respond, no time for him to understand what was happening to him.

The gun was out of the holster before Loehmann got out of the car. Rice died the next day during surgery.

McGinty said during his press conference that Rice must have been scared. Maybe Loehmann was too. The question is: Was that fear “reasonable”? Would an appropriately trained and skilled police officer have made the same call? How did a police trainee fail multiple field and firearms tests and then go on to get a job with a neighboring department? When will that investigation begin?

It is nearly impossible to come up with any sympathy for Loehmann. He and Garmback no doubt spent Christmas with their respective families. Samira Rice, Tamir’s mother, spent that day—as she will every other—without her son.

“The death of Tamir Rice was an absolute tragedy,” McGinty explained. “But it was not, as the law that binds us, a crime…Bringing charges would violate the ethical canons” of the justice system.

We should not be surprised at the outcome.

Criminal charges against a police officer, suspected of brutalizing or killing a suspect, are extraordinarily rare—in Ohio and everywhere else in the country. When there is an indictment, the probability of a conviction is even smaller.

Convincing 12 people that a member of law enforcement acted with illegal force in the killing of a suspect is a steep hill to climb. When the officer is white and victim is black, the pathway to justice grows that much steeper.

However, if the roles had been reversed—if Tamir (who officers believed was in his “20s”) had shot a plainclothes Loehmann in a park because he feared for his life— we would have seen an indictment within days. Even in an open-carry state, Tamir would likely have been charged as an adult.

“We have never seen a prosecutor try so hard to lose a case,” said Jonathan S. Abady, a Rice family attorney, told The New York Times. The officers were reportedly allowed to read personal statements to the grand jury panel “without being cross-examined.”

McGinty is wrong. The law “that binds us” says a boy should be able to play in a public park without the fear of being shot. Failure to aggressively seek charges against the police officers involved violates “the ethical canons” of the justice system.

 

By: Goldie Taylor, The Daily Beast, December 28, 2015

December 29, 2015 Posted by | Criminal Justice System, Tamir Rice, Timothy Loehmann, Timothy McGinty | , , , , , | 1 Comment

“Shaping The National Conversation”: President Obama Sends A Signal To Governors On Commutations

Last Friday I noted that President Obama had commuted the sentences of 95 federal prisoners – mostly non-violent drug offenders. It turns out that “mostly” was accurate because two of them didn’t fit that description.

Carolyn Yvonne Butler of Texas, convicted of three counts of armed bank robbery and using a firearm during a violent crime, and George Andre Axam of Georgia, convicted of possessing a firearm as a felon.

Activists within the criminal justice reform movement noticed and weighed in.

“It’s a good message to send to governors across the country, given that they have similar commutation and pardon powers that could be exercised this way,” Marc Mauer, executive director of The Sentencing Project, told TakePart.

The reason Mauer says that is because at some point, in order to effectively deal with mass incarceration, we’re going to have to deal with “violent offenders.” And that is primarily an issue for the states, where their prison population is broken down like this:

Consider the nation’s largest incarcerated population, the 1,315,000 held in state prisons. Only 4 percent are there for drug possession. An additional 12 percent are incarcerated for drug sales, manufacturing, or trafficking. Eleven percent are there for public order offenses such as prostitution or drunk driving, and 19 percent for property crimes such as fraud and car theft, including some property crimes that many consider serious or violent, such as home invasion. That leaves a full 54 percent of state prisoners who are incarcerated for violent crimes, including murder, kidnapping, manslaughter, rape, sexual assault, and armed robbery.

The federal government (and the President) are somewhat limited in what they can do to address the problem of mass incarceration. That is because only 13% of those incarcerated are in federal prisons – 48% of those are drug offenders. Between the President’s Clemency Initiative and the retroactive application of the Fair Sentencing Act, that number will be dramatically reduced in the coming year. But as the numbers above demonstrate, non-violent drug offenders are a small part of the enormous state prison population.

John Pfaff, professor of law at Fordham University School of Law, described President Obama’s commutations of the sentences of Butler and Axam this way:

“The most powerful thing Obama can do is shape the national conversation,” he said. “There’s certainly no downside to Obama having done this, but more governors have to have the courage to come out and actually start commuting violent offenders’ sentences.”

In other words, President Obama has opened the door for a conversation about the much tougher issues involved in ending mass incarceration. Time for governors to step up.

 

By: Nancy LeTourneau, Political Animal Blog, The Washington Monthly, December 23, 2015

December 26, 2015 Posted by | Commutations, Criminal Justice System, Governors, Mass Incarceration | , , , , , , | Leave a comment

“Ben Carson, And The Failure Of Black Conservatives”: The Belief That Individual Resolve Is Enough To Fend Off Structural Racism

I was a 17-year-old teenager growing up on the west side of Detroit when I first read Ben Carson’s biography Gifted Hands.

The first thing that caught my attention were the similarities in our childhoods: He grew up poor; so did I. Carson’s mother couldn’t read; my grandmother, who was my legal guardian until she died soon after I finished high school, could only read and write her name. Young Carson got in trouble as a teen and nearly stabbed a friend; when I was 12 years old, I had an almost fatal run-in with my uncle while he was high on drugs. Carson earned his bachelor’s from Yale University and finished medical school at the University of Michigan. Though I would eventually receive both my undergrad and graduate degrees elsewhere, I, like many kids from Detroit, often dreamed of being a Wolverine.

And though I had no idea what I wanted to be in life, I knew I wanted to do something great. Maybe I wouldn’t become a neurosurgeon famous for separating conjoined twins, but perhaps I could become something equally spectacular.

I knew nothing of Carson’s politics back then. I was 17 and didn’t care. He was a black man from the hood who “made it.” His was an inspiring story, full of adversity overcome, of hard-work and perseverance. That’s all that mattered to me. What I didn’t realize as a teenager, however, was what that same story would one day mean to white, conservative America.

Ben Carson is now not only running for president as a Republican, but he’s arguably leading the GOP field. And in an era where the biggest cheers of the Republican debates go to takedowns of “political correctness” and the media, Ben Carson is taking advantage, warping his personal story into misbegotten political and racial analysis.

In August, when a Fox News moderator asked Carson during a GOP debate how he would address strained race relations in America, he said that the “purveyors of hatred take every single incident between two different races and try to make a race war out of it and drive wedges into people.” He said nothing about the structural issues causing the racial divide between black and white Americans; he just blamed the media.

In September during his tour of Ferguson, Missouri, where 18-year-old Michael Brown was shot and killed by former police officer Darren Wilson, Carson said, “We need to de-emphasize race and emphasize respect for each other.” He added that he was raised to respect police and “never had any problem.”

This is Carson’s M.O.

When Carson speaks to the mostly white audiences who support him, he positions himself as a black person who doesn’t “complain” about racism. He argues that we need to move beyond having difficult discussions about race.

And his messaging during his campaign has been crystal clear: I am who I am because I worked hard, and that is the best way to overcome racism. If you are black and cannot succeed like me, he tells his mostly white audiences, then only you are to blame for your problems — not police brutality, an unfair criminal justice system, or racist hiring practices.

It’s a classic case of black conservatism, the belief that individual resolve should be enough to fend off structural racism. But Carson’s auto-biography pokes holes in his own story. When you read about his life, you see someone who was not only exceptionally hard-working, but like all successful people, at times exceptionally lucky.

Had Carson actually succeeded in stabbing the friend he claims to have attacked as a teenager, Carson likely would have served time in jail and struggled to find work as a convicted felon; his right to vote probably would have been revoked, too. Carson likes to discuss how his short temper led to him go after people with rocks, bricks, baseball bats, and hammers. Hundreds of thousands of black people who made similar mistakes are caught in the racially predatory cycle of the criminal justice system that refuses to grant them second chances. Yet, he abhors the Black Lives Matter movement for daring to challenge the racist policies that could have very well prevented him from rehabilitating had he been been jailed for his wayward behavior.

Here’s another telling anecdote: In his 1999 book The Big Picture, Carson wrote about an incident involving his mother being arrested in a suburb of Detroit because she, according to the arresting officer, fit the description of a woman who abducted an elderly couple; the charges were later dismissed with the help of a prominent lawyer friend who was also a fellow Yale alum.

Only a black person who reached the highest summit of social and professional achievement could have called his Ivy League buddy to get his mother out; the residents of Ferguson who were daily targets of rampant racial profiling, according to a Department of Justice report, did not enjoy such social pull.

But Carson, the presidential candidate, doesn’t tell his white supporters about the pitfalls he narrowly avoided; he only talks about the heroic leaps he took in avoiding them. When I read Gifted Hands nearly 18 years ago as a young teenager, I never envisioned Carson becoming a 21st century Nat Turner — but neither could I foresee him dismissing racial injustice entirely. The culmination of Carson’s success, as I now know, was not designed to accommodate any sense of responsibility for those in the black community who didn’t “make it.”

Instead, it is only tailored to assure white voters that they don’t have to bear any of the racial baggage that comes with being black in America.

 

By: Terrell Jermaine Starr, The Week, November 5, 2015

November 6, 2015 Posted by | Ben Carson, Criminal Justice System, Structural Racism | , , , , , , , | 2 Comments

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