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“There But For The Grace Of God”: America Needs A Justice System Worthy Of The Name

The United States does not have a justice system.

If we define a justice system as a system designed for the production of justice, then it seems obvious that term cannot reasonably be applied to a system that countenances the mass incarceration by race and class of hundreds of thousands of nonviolent offenders. Any system that vacuums in 1 out of every 3 African-American males while letting a banker who launders money for terrorist-connected organizations, Mexican drug cartels, and Russian mobsters off with a fine is not a justice system.

No, you call that an injustice system.

This is something I’ve been saying for years. Imagine my surprise when, last week, President Obama said it, too. “Any system that allows us to turn a blind eye to hopelessness and despair,” he said in a speech before the NAACP in Philadelphia, “that’s not a justice system, that’s an injustice system.” He called for reforms, including the reduction or elimination of mandatory minimum sentencing and the repeal of laws that bar ex-felons from voting.

This was the day after Obama commuted the sentences of 46 nonviolent drug offenders, and two days before he became the first president to visit a prison, Federal Correctional Institution El Reno, near Oklahoma City. “There but for the grace of God,” he said, minutes after poking his head into an empty 9-by-10 cell that houses three inmates.

It was more than just an acknowledgment of his personal good fortune. Given that Obama, his two immediate predecessors, and such disparate luminaries as Sarah Palin, John Kerry, Newt Gingrich, Al Gore, Jeb Bush, and Rick Santorum are known to have used illicit drugs when they were younger, it was also a tacit acknowledgment that fate takes hairpin turns. And that the veil separating drug offender from productive citizen is thinner than we sometimes like to admit.

Welcome to what may be a transformational moment: the end of an odious era of American jurisprudence. Meaning, the era of mass incarceration.

Apparently, the president has decided to make this a priority of his final 18 months in office. Even better, the call for reform enjoys bipartisan support. Republican senators Rand Paul and Ted Cruz, among others, have embraced the cause. And the very conservative Koch brothers have chosen to “ban the box” (i.e., stop requiring ex-offenders to disclose their prison records to prospective employers on their job applications).

All of which raises the promise that, just maybe, something will actually be done.

It is long past “about time.” Our color-coded, class-conscious, zero-tolerance, punishment-centric, mandatory minimum system of “justice” has made us the largest jailer on earth. One in four of the world’s prisoners is in an American lockup. This insane rate of imprisonment has strained resources and decimated communities.

It has also shattered families and impoverished children, particularly black ones. So many people bewail or condemn the fact that a disproportionate number of black children grow up without fathers, never connecting the dots to the fact that a disproportionate number of black fathers are locked up for the same nonviolent drug offenses for which white fathers routinely go free.

The “get tough on crime” wave that swept over this country in the ’80s and ’90s was born of the unfortunate American penchant for applying simplistic answers to complicated questions. But bumper-sticker solutions have a way of bringing unintended consequences.

We will be dealing with these unintended consequences for generations to come. But perhaps we are finally ready to take steps toward reversing that historic blunder.

And giving America a justice system worthy of the name.

 

By: Leonard Pitts,  Jr.,  Columnist for The Miami Herald; The National Memo, July 22, 2015

July 23, 2015 Posted by | Criminal Justice System, Mass Incarceration, Racial Injustice | , , , , | 1 Comment

“When Baltimore Burned”: There Are Crucial Underlying Inequities That Demand Attention

Conservatives have sometimes been too quick to excuse police violence. And liberals have sometimes been too quick to excuse rioter violence.

It’s outrageous when officers use excessive force against young, unarmed African-American men, who are 21 times as likely to be shot dead by the police as young white men. It’s also outrageous when rioters loot shops or attack officers.

So bravo to Toya Graham, the Baltimore mom captured on video grabbing her teenage son from the streets and frog-marching him home. The boy wilted: It must be humiliating to be a “badass” rioter one moment and then to be savagely scolded in front of your peers and sent to your room.

“That’s my only son, and at the end of the day I don’t want him to be a Freddie Gray,” Graham later told CBS News. It was of course Gray’s death, after an injury at the hands of the police, that set off the rioting.

On social media, there were plenty of people making excuses for rioters — a common refrain was “nothing else works to get attention.” But to their great credit, African-American leaders provided firm moral guidance and emphasized that street violence was unconscionable.

President Obama set just the right tone.

“When individuals get crowbars and start prying open doors to loot. They’re not protesting. They’re not making a statement. They’re stealing,” Obama said. “When they burn down a building, they’re committing arson. And they’re destroying and undermining businesses and opportunities in their own communities.”

Or as Carmelo Anthony, the Knicks basketball star who grew up in Baltimore and has invested in a youth center there, put it: “We need to protect our city, not destroy it.”

Yet as Obama, Anthony and other leaders also noted, there are crucial underlying inequities that demand attention. The rioting distracts from those inequities, which are the far larger burden on America’s cities.

That also represents a failure on our part in the American news media. We focus television cameras on the drama of a burning CVS store but ignore the systemic catastrophe of broken schools, joblessness, fatherless kids, heroin, oppressive policing — and, maybe the worst kind of poverty of all, hopelessness.

The injustices suffered by Freddie Gray began early. As a little boy he suffered lead poisoning (as do 535,000 American children ages 1 to 5), which has been linked to lifelong mental impairments and higher crime rates.

In Gray’s neighborhood, one-third of adults lack a high school degree. A majority of those aged 16 to 64 are unemployed.

And Baltimore’s African-American residents have often encountered not only crime and insecurity but also law enforcement that is unjust and racist. Michael A. Fletcher, an African-American reporter who lived for many years in the city, wrote in The Washington Post that when his wife’s car was stolen, a Baltimore policeman bluntly explained the department’s strategy for recovering vehicles: “If we see a group of young black guys in a car, we pull them over.”

Likewise, the Baltimore jail was notorious for corruption and gang rule. A federal investigation found that one gang leader in the jail fathered five children by four female guards.

Wretched conditions are found to some degree in parts of many cities, and Shirley Franklin, the former mayor of Atlanta, told me that when we tolerate them, we tolerate a combustible mix.

“It’s not just about the police use of force,” she said. “It’s about a system that is not addressing young people’s needs. They’re frankly lashing out, and the police force issue is just a catalyst for their expression of frustration at being left out.”

Whites sometimes comment snidely on a “culture of grievance” among blacks. Really? When tycoons like Stephen Schwarzman squawked that the elimination of tax loopholes was like Hitler’s invasion of Poland, now that’s a culture of grievance.

If wealthy white parents found their children damaged by lead poisoning, consigned to dismal schools, denied any opportunity to get ahead, more likely to end up in prison than college, harassed and occasionally killed by the police — why, then we’d hear roars of grievance. And they’d be right to roar: Parents of any color should protest, peacefully but loudly, about such injustices.

We’ve had months of police incidents touching on a delicate subtext of race, but it’s not clear that we’re learning lessons. Once again, I suggest that it’s time for a Truth and Reconciliation Commission to step back and explore racial inequity in America.

The real crisis isn’t one night of young men in the street rioting. It’s something perhaps even more inexcusable — our own complacency at the systematic long-term denial of equal opportunity to people based on their skin color and ZIP code.

 

By: Nicholas Kristof, Op-Ed Contributor, The New York Times, April 29, 2015

April 30, 2015 Posted by | Baltimore, Police Abuse, Racial Justice | , , , , , , , , | Leave a comment

   

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