“The NFL’s Twisted Sense Of Justice”: The Priorities Are Wildly Out Of Proportion
Where would NFL Commissioner Roger Goodell have gotten the idea that a two-game suspension was an appropriate sanction against a player who beat up his fiancée? Maybe from the example set by prosecutors and the criminal justice system.
Baltimore Ravens player Ray Rice yesterday was cut from the team and suspended indefinitely by the NFL. But that obvious punishment came long after the attack, and only after the NFL – rather improbably – said it had just seen a damning video of the event.
The grainy, jerky tape is sickening. There’s a beefy professional football player, beating his then-fiancee Janay unconscious and proceeding to drag her out of the elevator like she was a too-heavy sack of potatoes.
For this behavior, Rice initially got a two-game suspension – not much to complain about when you have a $35 million contract and have collected more than $28 million from the league already. He avoided not just jail, but even probation, and was instead slapped on the knuckles with a “diversionary” program. What’s more, the Ravens stood by their domestic abuser, tweeting that “Janay Rice says she deeply regrets the role that she played the night of the incident.”
It’s hard to separate out who is the worst actor here. Rice himself is an obvious choice. There’s no way to interpret the terrifying video other than to conclude that he beat the woman he supposedly loved until she fell helplessly onto an elevator floor, unable to even get out of the car, while her husband-to-be slung her onto the floor and pushed her legs together with his foot. That’s the sort of behavior that will get you, at the least, a personal foul in the NFL – that’d be 15 yards – when done to another muscled and football-padded man. But little happened to Rice when he did it to a much smaller and weaker woman.
That brings us to the Ravens, who had the insensitivity to treat the abuse like it was just a little couple’s spat, and worse, suggested that the victim herself was at fault. The fact that Janay Rice commented on her “role” in the assault only proves how endangered she was and is – and anyone who has an elementary school level of education, or who has watched even a single episode of “Law and Order: SVU,” ought to know that.
Then there is the NFL, whose authorities claimed not to have seen the videos – a more detailed one was revealed this week – that show the brutal assault. One wonders how that is even possible, unless Goodell was determined to stick his head in the AstroTurf to protect the right of players to be violent, and the mission of teams to keep them amped up and aggressive.
But Rice still avoids time behind bars, which is no surprise. The criminal justice system takes the same distorted and twisted view of infractions as has the NFL. A first-time drug offender in the NFL, for example, can get a four-game suspension without pay; a third-timer could go a year without pay. That’s much worse than the penalties imposed – and recently increased, in light of the Rice incident – for pounding your fiancée into unconscious submission.
And in the criminal justice system? Rapists, who do the math, can feel pretty confident. Just three out of 100 rapists will spend a day behind bars, according to an analysis of Justice Department statistics by the Rape, Abuse and Incest National Network, a victims’ advocacy group. While one in five women will be raped at least once in her lifetime and one in three women will experience some kind of domestic abuse, the Centers for Disease Control recently reported, fewer than half of rapes are reported, since victims are afraid to come forward. A fourth of reported rapes result in arrests, and a fourth of arrests end up with a felony conviction or incarceration, according to the victims’ advocacy group.
But for drugs? The average sentence for a federal drug offender is about six years and for a crack cocaine violator, eight years.
The NFL – and Goodell’s – priorities are wildly out of proportion, putting abuse of a person’s own body ahead of the assault of a woman’s body. But the example set by prosecutors and the criminal code are just as bad.
By: Susan Milligan, U. S. News and World Report, September 9, 2014
“Boehner’s Constitution Of Convenience”: Sermonizing Politicians Cannot Meet Even Their Most Rudimentary Responsibilities
People who live in glass houses shouldn’t throw stones. Especially when your glass house is the House of Representatives. Speaker of the House John Boehner made headlines last month, when he launched a misguided lawsuit against President Obama for ostensibly violating “his constitutional authority.” Yet if anybody is treading on the Constitution, it is Boehner himself. Speaker Boehner and his conservative caucus have shown a blatant disregard for the Constitution’s Sixth Amendment, which guarantees criminal defendants “the assistance of counsel.” In the process, they have failed to meet their basic constitutional responsibilities.
Boehner is cynically using the very process he refuses to fund for others less fortunate. In announcing his decision to sue the President, Boehner made the anodyne observation that “the legislative branch has an obligation to defend the rights and responsibilities of the American people.” These rights include those contained in the Sixth Amendment, which specifies the procedures of criminal prosecution. Notably, the Amendment protects the fundamental rights of criminal defendants to a speedy trial and to be represented by legal counsel.
Congressional Republicans’ extreme budget cuts threaten the core of the Sixth Amendment. Since 2010, Congress slashed hundreds of millions of dollars from the federal judiciary and federal public defense programs. Simultaneously, Congressional Republicans allowed states to enact draconian cuts to public defense. From Michigan to Mississippi, state legislators balanced their budgets on the backs of poor Americans who rely on public defenders. States rights are all well and good, but states do not have the right to violate the Constitution. Despite efforts by Democrats in Congress to stop the damage, Congressional Republicans refused to increase appropriations and provide reasonable levels of funding.
The results have been catastrophic. And the victims are some of the most vulnerable people in our society: low-income Americans trapped in a biased justice system. As noted by the ACLU and other advocacy organizations, the “deep cuts to the federal public defenders’ budget” resulted in “significant layoffs, 15-20 day furloughs, and the complete elimination of defender training.” Continuing on this dangerous path, according to the advocacy coalition, would “decimate the federal defender system.” On the state level, the consequences have been equally devastating. According to the Brennan Center for Justice, many state public defenders spend as little as six minutes per case because of paltry funding. The Brennan Center also found that public defenders often juggle “more than 300 cases at one time.”
Gideon v. Wainwright (1963) and Argersinger v. Hamlin (1972) are unequivocal: the Sixth Amendment of the Constitution entitles criminal defendants to effective legal representation. Congress has the responsibility to secure this right with appropriate funding. And it is not doing so. Low-income Americans are paying a very real price for this constitutional abdication.
Tea Party Republicans frequently pontificate about the Constitution. The 112th Congress, in which John Boehner was elevated to Speaker, began with a ceremonial reading of the document “for the first time ever.” The House Republican Caucus introduced a rule in 2011 that requires all legislation to “cite its specific constitutional authority.” Republicans routinely allege that President Obama’s actions menace the Constitution. To quote Republicans in Congress, America faces a “constitutional crisis” because “King Obama” has “rewritten the Constitution for himself.” But when it is time to actually stand up for the Constitution, these sermonizing politicians cannot meet even their most rudimentary responsibilities. America doesn’t need politicians who lecture about the Constitution; we need politicians who follow it.
Conservative Republicans don’t stop at undermining public defense. They also embrace extreme cuts to civil legal assistance. While not protected by the Sixth Amendment, civil legal aid is a vital component of the safety net. Every year, it helps 1.8 million low income Americans facing everything from domestic violence to foreclosure. Like criminal legal aid, it is also egregiously underfunded. Almost every House Republican supported a 2011 plan to chop nearly 20% from the annual appropriation of the Legal Services Corporation (LSC), the nation’s primary provider of civil legal aid. For some Republicans, these severe cut to LSC did not go far enough. 170 Republicans, or 70% of the Congressional Republican Caucus, subsequently voted to eliminate all funding for the LSC.
Fortunately, the Obama Administration and Congressional Democrats have successfully blocked the most radical reductions in public defense. Attorney General Holder and Solicitor General Verrilli have been tireless advocate for reversing the cuts and establishing an equitable judicial system.
Ironically, Speaker Boehner resorted to the American justice system to sue President Obama, the very system he has worked relentlessly to underfund for indigents. Instead of suing Obama, he should start fixing the system he and his colleagues broke.
By: Duncan Hosie, The Huffington Post Blog, August 26, 2014
“When Whites Just Don’t Get It”: After Ferguson, Race Deserves More Attention, Not Less
Many white Americans say they are fed up with the coverage of the shooting of Michael Brown in Ferguson, Mo. A plurality of whites in a recent Pew survey said that the issue of race is getting more attention than it deserves.
Bill O’Reilly of Fox News reflected that weariness, saying: “All you hear is grievance, grievance, grievance, money, money, money.”
Indeed, a 2011 study by scholars at Harvard and Tufts found that whites, on average, believed that anti-white racism was a bigger problem than anti-black racism.
Yes, you read that right!
So let me push back at what I see as smug white delusion. Here are a few reasons race relations deserve more attention, not less:
- The net worth of the average black household in the United States is $6,314, compared with $110,500 for the average white household, according to 2011 census data. The gap has worsened in the last decade, and the United States now has a greater wealth gap by race than South Africa did during apartheid. (Whites in America on average own almost 18 times as much as blacks; in South Africa in 1970, the ratio was about 15 times.)
- The black-white income gap is roughly 40 percent greater today than it was in 1967.
- A black boy born today in the United States has a life expectancy five years shorter than that of a white boy.
- Black students are significantly less likely to attend schools offering advanced math and science courses than white students. They are three times as likely to be suspended and expelled, setting them up for educational failure.
- Because of the catastrophic experiment in mass incarceration, black men in their 20s without a high school diploma are more likely to be incarcerated today than employed, according to a study from the National Bureau of Economic Research. Nearly 70 percent of middle-aged black men who never graduated from high school have been imprisoned.
All these constitute not a black problem or a white problem, but an American problem. When so much talent is underemployed and overincarcerated, the entire country suffers.
Some straight people have gradually changed their attitudes toward gays after realizing that their friends — or children — were gay. Researchers have found that male judges are more sympathetic to women’s rights when they have daughters. Yet because of the de facto segregation of America, whites are unlikely to have many black friends: A study from the Public Religion Research Institute suggests that in a network of 100 friends, a white person, on average, has one black friend.
That’s unfortunate, because friends open our eyes. I was shaken after a well-known black woman told me about looking out her front window and seeing that police officers had her teenage son down on the ground after he had stepped out of their upscale house because they thought he was a prowler. “Thank God he didn’t run,” she said.
One black friend tells me that he freaked out when his white fiancée purchased an item in a store and promptly threw the receipt away. “What are you doing?” he protested to her. He is a highly successful and well-educated professional but would never dream of tossing a receipt for fear of being accused of shoplifting.
Some readers will protest that the stereotype is rooted in reality: Young black men are disproportionately likely to be criminals.
That’s true — and complicated. “There’s nothing more painful to me,” the Rev. Jesse Jackson once said, “than to walk down the street and hear footsteps and start thinking about robbery — then look around and see somebody white and feel relieved.”
All this should be part of the national conversation on race, as well, and prompt a drive to help young black men end up in jobs and stable families rather than in crime or jail. We have policies with a robust record of creating opportunity: home visitation programs like Nurse-Family Partnership; early education initiatives like Educare and Head Start; programs for troubled adolescents like Youth Villages; anti-gang and anti-crime initiatives like Becoming a Man; efforts to prevent teen pregnancies like the Carrera curriculum; job training like Career Academies; and job incentives like the earned-income tax credit.
The best escalator to opportunity may be education, but that escalator is broken for black boys growing up in neighborhoods with broken schools. We fail those boys before they fail us.
So a starting point is for those of us in white America to wipe away any self-satisfaction about racial progress. Yes, the progress is real, but so are the challenges. The gaps demand a wrenching, soul-searching excavation of our national soul, and the first step is to acknowledge that the central race challenge in America today is not the suffering of whites.
By: Nicholas D. Kristof, Op-Ed Columnist, The New York Times, August 31, 2014
“Offender-Funded Justice”: The Economics Of Police Militarism
Two crucial battles broke out in Ferguson, Missouri, this week. The first began with the public airing of sorrow and rage after the death of the eighteen-year-old Michael Brown, who was shot by a police officer, on Canfield Court, in the St. Louis suburb, at 2:15 P.M. last Saturday. Then came the local law enforcement’s rejoinder to the early round of protests. Officers rolled in with a fleet of armored vehicles, sniper rifles, and tear-gas cannisters, reinserting the phrase “the militarization of policing” into the collective conscience. The tactical missteps by the town’s police leadership have been a thing to behold. (They’re also to be expected; anyone doubting as much should pick up Radley Balko’s “The Rise of the Warrior Cop.”)
One moment, we see a young man with a welt from a rubber bullet between his eyes; the next, three officers with big guns are charging at another black man who has his hands up. On Thursday, Jelani Cobb filed a powerful account from the sidewalks and homes of Ferguson. Cobb asks about “the intertwined economic and law-enforcement issues underlying the protests,” including, for instance, the court fees that many people in Ferguson face, which often begin with minor infractions and eventually become “their own, escalating, violations.” “We have people who have warrants because of traffic tickets and are effectively imprisoned in their homes,” Malik Ahmed, the C.E.O. of an organization called Better Family Life, told Cobb. “They can’t go outside because they’ll be arrested. In some cases, people actually have jobs but decide that the threat of arrest makes it not worth trying to commute outside their neighborhood.”
The crisis of criminal-justice debt is just one of the many tributaries feeding the river of deep rage in Ferguson. But it’s an important one—both because it’s so ubiquitous and because it’s easily overlooked in the spectacular shadow of tanks and turrets. Earlier this year, I spent six months reporting on the rise of profiteering in American courts, which happens by way of the proliferation of fees and fines for very minor offenses—part of a growing movement toward what’s known as offender-funded justice. Private companies play an aggressive role in collecting these fees in certain states. (Often, this tactic is aimed at the poor with unpaid traffic tickets.) The reports from Ferguson raise questions about how militarization and economic coercion feed a shared anger.
Missouri was one of the first states to allow private probation companies, in the late nineteen-eighties, and it has since followed the national trend of allowing court fees and fines to mount rapidly. Now, across much of America, what starts as a simple speeding ticket can, if you’re too poor to pay, mushroom into an insurmountable debt, padded by probation fees and, if you don’t appear in court, by warrant fees. (Often, poverty means transience—not everyone who is sent a court summons receives it.) “Across the country, impoverished people are routinely jailed for court costs they’re unable to pay,” Alec Karakatsanis, a cofounder of Equal Justice Under Law, a nonprofit civil-rights organization that has begun challenging this practice in municipal courts, said. These kinds of fines snowball when defendants’ cases are turned over to for-profit probation companies for collection, since the companies charge their own “supervision” fees. What happens when people fall behind on their payments? Often, police show up at their doorsteps and take them to jail.
From there, the snowball rolls. “Going to jail has huge impacts on people at the edge of poverty,” Sara Zampieren, of the Southern Poverty Law Center, told me. “They lose their job, they lose custody of their kids, they get behind on their home-foreclosure payments,” the sum total of which, she said, is “devastating.” While in prison, “user fees” often accumulate, so that, even after you leave, you’re not quite free. A recent state-by-state survey conducted by NPR showed that in at least forty-three states defendants can be billed for their own public defender, a service to which they have a Constitutional right; in at least forty-one states, inmates can be charged for room and board in jail and prison.
America’s militarized police forces now have some highly visible tools at their disposal, some of which have been in the spotlight this week: machine guns, night-vision equipment, military-style vehicles, and a seemingly endless amount of ammo. But the economic arm of police militarization is often far less visible, and offender-funded justice is part of this sub-arsenal. The fears that Cobb and Ahmed describe—court debts that lead to warrants and people who are afraid to leave their homes as a result—compound the force that can be wielded during raids or protests like those on the streets of Missouri. Debtors’ fears change their daily lives—can they go to the grocery story or drive a child to school without being detained? “It deters people who have legitimate problems from calling the police, and removes the police’s ability to do what they’re supposed to be doing—helping people in the community respond to emergencies,” Karakatsanis said. It erodes the community’s trust in and coöperation with law enforcement.
In Alabama, Equal Justice Under Law has filed a class-action lawsuit against the city of Montgomery on behalf of minor offenders who have been jailed for debt; their challenge is pending and the city refutes the allegations, but, Karakatsanis says, at least thirty-five people were released from jail for their court debts since the suit was filed. (A judge has issued a preliminary injunction that leans in favor of the debtors.) More often than not, though, plaintiffs who face overwhelming municipal-court debts never get a shot at a legal challenge. Instead, their problem often compounds their resentment and their disinvestment in authority.
Several years ago, I embedded with U.S. troops in Kandahar, Afghanistan, and spent time with a unit that was tasked with implementing the directives from a set of trainings known as “Commander’s Guide to Money as a Weapons System.” The trainings instruct troops in how to use economic tools to further military objectives, and there is a warning printed in the opening pages of one such field manual: “Warfighters and their leaders must ensure their actions will stand up to a Congressional inquiry and must not cause embarrassment to the Department of Defense.” Here, “real” militarism has one advantage over its domestic counterpart, at least doctrinally—the principle is genuine investment in communities where the military hopes to earn trust and influence. Unsurprisingly, it has proved complicated to implement (and has often failed wildly), but, at least in theory, it is far more graceful than police officers or the military blasting their way across human terrain. Here at home, SWAT teams continue to tear down the proverbial power lines.
In a sign of hope, the new commander in Ferguson, Captain Ron Johnson, of the Missouri State Highway Patrol (who grew up in Ferguson), immediately seemed to grasp this issue when he assumed leadership on Thursday. “We all want justice. We all want answers,” he told the Associated Press. “It means a lot to me personally that we break this cycle of violence.”
In reckoning with police militarization, the economic side of the phenomenon should be considered. The connection may not be obvious to those who’ve never had the gas or water or electricity in their homes shut off. But these forces operate in tandem—the tear gas and the tickets; the weaponry and the warrants—compromising a wide range of fundamental rights that seem, in Ferguson and beyond, to have gone up in smoke.
By: Sarah Stillman, The New Yorker, August 15, 2014
“Excessive Police Violence Must End”: Out of Control, Some Things Haven’t Changed Very Much
A Rip Van Winkle who fell asleep in 1968, awakening now, would see TV news footage that was achingly familiar: An American city under siege as mostly white police officers, firing tear gas, face off against mostly black civilian protesters, some violent but most just angry. The two elections of a black president notwithstanding, some things haven’t changed very much.
Among those areas where little progress has been made is the criminal justice system, which still reeks of institutional racism and a plethora of human prejudices. Black men, especially, are viewed as dangerous, predatory, criminally inclined. They are not usually given the benefit of the doubt — not viewed as innocent until proven guilty — by white police officers, prosecutors or jurors.
That helps explain the anger that has exploded in Ferguson, Missouri, where black residents make up 67 percent of the population but black drivers accounted for more than 86 percent of the traffic stops last year, according to a report by the Missouri attorney general. Police in Ferguson, a St. Louis suburb, searched 12.1 percent of black drivers they stopped, compared to 6.9 percent for whites.
Are black drivers more likely to carry illegal substances? No. Contraband was found 22 percent of the time when the driver was black and 34 percent when the driver was white. The police department, by the way, has three blacks among its 53 officers, according to The Washington Post.
The troubling racial disparities do not absolve the looters, the rioters, the thugs who have attacked police and damaged property since protests began. There is no excuse for criminal conduct; moreover, it detracts from legitimate gripes with the police. Those who use the protests as cover to steal or toss Molotov cocktails should be arrested and prosecuted aggressively.
However, it’s also true that police officers, sworn to protect the public, have a duty to act without causing more harm. Let’s remember how the troubles began: An unarmed black man, 18-year-old Michael Brown, was shot dead by a police officer. What brought this young man to the cop’s attention? Was he breaking into a car or assaulting a passerby? Nope. He was walking in the street.
The police officer who shot Brown after ordering him to the sidewalk claims he was attacked and a struggle for his gun ensued. However, one of Brown’s friends, a witness to the episode, relates a very different version of events. President Obama, while calling for calm, said he had ordered the FBI and the Justice Department to investigate.
That’s a step in the right direction, but it’s not nearly enough. If demands for justice come mostly from black voters, if a thorough investigation is seen as a predictable political response from a black U.S. attorney general, if outrage is voiced only by the talking heads at the liberal outpost of MSNBC, then there will be many more Fergusons to come. The overuse of force by heavily militarized police ought to concern every American, not just those most likely to be on the butt ends of police rifles.
It’s clear, no matter the details of Brown’s death, that local police have handled the aftermath poorly, inflaming tensions with excessive force. Heavily armed officers in desert camouflage have pointed large-caliber weapons at peaceful protestors. A couple of reporters were arrested last week because, apparently, they failed to move along quickly enough.
If there is any good news here, it’s this: The sense of outrage seems to have finally broken out of the usual bounds of race and partisanship. In an essay published in Time, Senator Rand Paul (R-KY) wrote: “The outrage in Ferguson is understandable — though there is never an excuse for rioting or looting. There is a legitimate role for the police to keep the peace, but there should be a difference between a police response and a military response.”
Demilitarizing police departments won’t rid the criminal justice system of endemic racism, but it may help to curb the unnecessary, violent confrontations by officers who have forgotten their oaths to “protect and serve.” And that could keep a few more young black men alive.
By: Cynthia Tucker, The National Memo, August 16, 2014
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