“Two Grand Juries, The Same Disappointing Result”: The Criminal Justice System Is One Of The Last Bastions Of Blatant Racism
No expressions of sympathy or regret can resurrect Eric Garner, the New York City man killed by police in July. Garner died after an officer placed him in what appears to be a chokehold during an arrest for allegedly selling untaxed cigarettes, an offense not usually regarded as a capital crime.
But, at the very least, officer Daniel Pantaleo (or his representatives) showed a spark of decency after a Staten Island grand jury decided not to indict him for any crime. “I feel very bad about the death of Mr. Garner,” he said in a statement. “My family and I include him and his family in our prayers and I hope that they will accept my personal condolences for their loss.”
That’s just one contrast to events in Ferguson, Missouri, where Officer Darren Wilson showed no hint of sympathy for teenager Michael Brown or his family. “I don’t think it’s haunting. It’s always going to be something that happened,” Wilson said in a televised interview.
There were other equally stark contrasts. While Brown’s response to Wilson will always be the subject of dispute, bystanders recorded video of Garner’s arrest and posted it on the Internet, where it went viral. There is no disputing Garner’s tragic last words as Pantaleo’s arm lingers around his neck: “I can’t breathe. I can’t breathe.” Even Fox News’ bellicose Bill O’Reilly was moved to observe that Garner “didn’t deserve what happened to him.”
But the greatest contrast between the deaths of Garner and Brown may have been in the reactions of elected and civic leaders. Backed by its politicians, Ferguson’s police force responded to criticism of Brown’s death with excuses, equivocation and armored personnel carriers.
In New York City, Mayor Bill de Blasio took to the podium to express sympathy for Garner’s loved ones, and equally important, a simple shared humanity. Compassion. Understanding. Empathy. “This is now a national moment of grief, a national moment of pain,” he said. Members of Congress — liberals and conservatives, Republicans and Democrats — joined to criticize the grand jury’s decision.
That matters. All citizens, regardless of color or creed or religion, want to believe that the people who govern them share their fears, their hopes, their aspirations. Or, at the very least, that their leaders can understand their frustrations.
Even now, that’s not always the case in the United States, especially when it comes to law and order. The criminal justice system is one of the last bastions of blatant racism, a tangled net of explicit prejudices and implicit biases, of rank stereotypes and unfair perceptions, a web that ensnares black men disproportionately. Countless studies conducted by experts have borne out the view held by so many black Americans: We do not stand equally before the bar of justice.
Black motorists are subjected to more traffic stops than white drivers. Black men and women are arrested more often for drug offenses, even though we are no more likely to be drug users than whites. And the use of the death penalty tilts against black defendants and devalues black lives: It is more likely to be meted out if the victim is not white.
Has there been progress? Of course there has. The nation’s top law enforcement official, the attorney general, is a black man. But the nation’s criminal justice system started out in a hellishly low place — where officials were complicit in lynchings, where the wealthy extracted unpaid labor from black men by having them arrested, where black crime victims were ignored. De Blasio referred to that unfortunate history: “We’re not dealing with years of racism leading up to it, or decades of racism — we are dealing with centuries of racism that have brought us to this day.”
For all the striking contrasts between the reactions to the deaths of Brown and Garner, there was one stunning consistency: Grand juries saw no evidence of wrongdoing by a white police officer who killed an unarmed black man. Bear in mind that a New York City medical examiner, citing “compression of his chest and prone position,” ruled Garner’s death a homicide. Still, a Staten Island grand jury found nothing to suggest that Pantaleo committed any criminal offense.
Some things haven’t changed at all.
By: Cynthia Tucker, Visiting Professor, The University of Georgia, School of Journalism; The National Memo, December 6, 2014
“Servants Are Not Like Us”: Ferguson, Immigration, And ‘Us Vs Them’
In his brilliant book At Home: A Short History of Private Life, Bill Bryson describes the relationship between servants in mid-19th-century England and their masters/employers: “Perhaps the hardest part of the job was simply being attached to and dependent on people who didn’t think much of you….Servants constituted a class of humans whose existences were fundamentally devoted to making certain that another class of humans would find everything they desired within arm’s reach more or less the moment it occurred to them to desire it.” Poet Edna St. Vincent Millay, once poor herself, noted, “The only people I really hate are servants. They are not really human beings at all.”
It strikes me that many reactions we’ve seen to the events in Ferguson, Missouri, and President Obama’s recent executive action on Immigration are bound by a common attitude: ignorance, disregard, and dehumanization by a white majority of an underclass of people of color. The Caucasian (and rapidly shrinking) majority in America is largely ignorant of the lives led by African Americans and undocumented Hispanics. There seems to be a proactive disregard for knowing or caring about their lives and plight. And this ignorance and disregard are enabled through a dehumanizing of both groups—not overtly, of course (we at least know how not to sound racist)—and an attitude that all too often is in agreement with Millay’s sentiment that “they are not really human beings at all.”
Humankind has a really bad track record with those who are regarded as “other” by the majority. Perhaps the attitudes toward and treatment of those considered to be “other” have their roots in prehistory. When competing tribes of homo sapiens encountered one another, there was often survival payoff in regarding the opposing tribe as being utterly “other,” not like “us,” and to be resisted at all costs. Such sentiment is at the heart of every war.
There may even be a physiological basis to our apprehension about the “other.” After all, our bodies are hard wired to recognize the difference between “me” and “not me.” That is what allows us to recognize bacteria and other foreign matter in our bodies and answer with an aggressive immune system response which attacks and rids the body of these threats to our well-being.
The problem, of course, is that the “me vs. not me” response can serve us poorly in the more social sense. When we assign a primitive “not me” status to another individual or social group, it can—and does—take us down a destructive path. Taken to its logical conclusion, the “not me” judgment can lead us to regard other human beings as not human at all! And that is where the trouble really begins.
The disdain that masters once showed for their servants is today more apt to be played out systemically on a classification or group of people, rather than on individuals. “They” are not like “us.” I can remember during the Vietnam War, it was fairly common to hear Americans say about the Vietnamese (and Asians in general): “they just don’t value human life the way we do.” In other words, while we value our soldiers and remember that each one of them is a husband/son/father, the same humanity doesn’t apply to our enemies.
Broad generalizations are made about African-Americans, born out of attitudes from the days when slavery treated them as non-human chattel to be bought and sold, and Jim Crow laws perpetuated their status as underlings. Immigrants from Central America are characterized as brazen gold diggers who come here to “drop” their babies on American society and its social safety net.
Today’s hot debate about the fate of millions of undocumented people in America, most from countries to the south, belies a similar dehumanization. Opposition to the President’s executive order, and the resistance to dealing with immigration legislatively, both involve an inherent “they’re not like us” attitude. And yet, the yearning for a better life for oneself and one’s children—the overwhelming explanation given for coming north—is a sentiment known to every human being and family on earth. Yet, many do not find in this shared, human yearning a reason to regard immigrants as “like us” rather than “not like us.”
Oddly enough, many who hold this “not like us” attitude are religious people. And yet, a central teaching of the Abrahamic faiths—Judaism, Christianity, and Islam—is that all human beings are children of God, equal in value and worth to God. Isn’t it strange that religious people would embrace a “not like us” stance toward people of color, in direct and overt opposition to the teaching of their religions, all the while claiming to be faithful adherents?
Religion could—and should—be part of the solution here, rather than part of the problem. Significantly, many churches are actively and aggressively advocating for the justice and compassion for those in our midst who are undocumented. Some churches are serving as “sanctuary” for those fleeing injustice—an encouraging return to a time when church buildings were “safe houses” for those fleeing unjust treatment by the authorities.
It is significant that President Obama alluded to scripture in making his case for better treatment for the undocumented in his executive action. In his address, the President noted, “We were strangers once, too.” Throughout the Hebrew Scriptures of the Old Testament, Jews are reminded that they too were once treated as strangers and “the other,” enslaved by Egypt, and in return must welcome the stranger and treat them with compassion and respect. And with the exception of Native Americans, all of us here in the United States came here as immigrants, as the President reminded us (making the case for “us” over “not like us”).
The outraged reaction all across America to the non-indictment of Officer Darren Wilson in the shooting of Michael Brown is an appropriate response to being treated as “other,” and “not really human beings at all.” That kind of treatment leads to rage—at first, quietly borne internally, and eventually erupting in an outward expression of sheer “out-rage”; that is, an outward expression of the rage within the victim of such treatment.
White America would do well to focus not on the burning of a couple of cars and vandalism (no one is excusing such behavior), but on the reasons such rage is felt in the first place. This has long stopped being primarily about the death of an unarmed young black man in St. Louis. It is about the victimization of an entire group of people at the hands of a white majority who views them as “other” and “not really human beings at all” in a country that has broken its promise of “liberty and justice for all.”
The secret to solving our immigration “problem,” as well as the “problems” posed by race in Ferguson and all across America, begins with overcoming our tendency to extrapolate from our obvious differences to a broader, more dangerous, “not like me” attitude that borders on complete dehumanization. Our wariness of difference and diversity all too often leads us into “not like me” thinking. Instead, we need to focus on the reality that although almost everyone is different from me in some respects, we remain far more alike than different.
At the end of the day, this is not “us versus them.” Because there is no “them.” Only “us.”
By: The Rt. Rev. V. Gene Robinson is a Senior Fellow at the Center for American Progress, Washington, DC; The Daily Beast, November 27, 2014
“A Police Officers Mouth Ain’t No Prayer Book”: Blacks And Whites Need To Wake Up To Racial Injustice
In September, I received an email that should have left me feeling vindicated.
It was in response to the non-fatal shooting of Levar Jones, an unarmed African-American man, by Sean Groubert, a white South Carolina state trooper. Groubert would later claim he shot Jones because Jones came at him in a menacing way. But this lie was unmasked by Groubert’s own dashcam video, which shows Jones complying with the trooper’s orders until Groubert inexplicably panics and starts shooting.
That video moved a reader named David to write the following: “Think I FINALLY get what you’ve been saying all along. That cop just shot him down for doing nothing more than compiling [sic] with his commands. No offense to black people, but I SURE AM GLAD I’M NOT BLACK IN THIS COUNTRY! Re-evaluating my opinions of the last 50 years.”
As I say, it should have felt like vindication. But it only made me sad. I kept thinking that, had there been no camera to prove Groubert lied, had there been only testimony from witnesses and whatever forensic evidence was gathered, Groubert would likely still be making traffic stops and David would support him, his opinions of the last 50 years unchanged.
My point is not that cameras are a panacea for justice — they weren’t for Oscar Grant in 2009, they weren’t for Rodney King in 1991, they weren’t for Abram Smith and Thomas Shipp in 1930. No, my point is that the bar of proof is set higher when white people — police officers in particular — kill black ones. My point is that rules change and assumptions are different when black people seek justice.
Knowing that, who can be surprised at what happened in Ferguson, Missouri, Monday night? Who can be surprised that a prosecutor who didn’t seem to want an indictment did not convince a grand jury to return one in the August shooting of Michael Brown? Who can be surprised that Officer Darren Wilson now goes on with his life after firing 12 shots, at least six of which struck home, at an unarmed teenager while said teenager remains imprisoned by the grave? Who can be surprised people in Ferguson and around the country convulsed with shock, sorrow and disbelief? Who can be surprised some vulturous knuckleheads saw the calamity as an excuse to break windows and steal beer? Who can be surprised at pictures showing that the “injuries” Wilson sustained in his scuffle with Brown, injuries that supposedly made him so terrified for his life that he had to shoot, amount to a small abrasion on his lip and a reddened cheek?
I’m glad that video helped David to “FINALLY get” what I’ve been “saying all along,” i.e., that a police officer’s mouth, to use one of my mother’s expressions, ain’t no prayer book; no source of infallible truth the way too many of us think it is. And that benefit of the doubt is something black people are often denied. And that America devalues black life. But if we have to go David by David to those realizations, each requiring a dashcam video before he gets the point, we are doomed to a long and dreary future of Fergusons.
Last year, when the thug George Zimmerman was acquitted in the killing of Trayvon Martin, I wrote that black people need to “wake the h–l up” — organize, boycott, vote, demonstrate, demand.
But black people aren’t the only ones sleeping. Too many — not all, but too many — white people still live in air castles of naivete and denial, still think abiding injustice and ongoing oppression are just some fairy tale, lie, or scheme African-Americans concocted to defraud them. Or else that these things are far away and have no impact on their lives. The fires in Ferguson Monday night suggest that they continue that delusion at their own peril.
I still think black folks need to wake the h–l up.
But white ones do, too.
By:Leonard Pitts, Jr., Columnist for The Miami Herald; The National Memo, November 26, 2014
“Shameful And Historically Illiterate”: Dear Fox News; Please Stop Using Asian Americans To Attack Black People
“Talking Points does not—does not—believe in white privilege.”
That was Fox News host Bill O’Reilly’s big, brave pitch during his third-person “talking points” segment on Tuesday’s edition of The O’Reilly Factor. The peg for the segment was the uproar and race issues surrounding the police shooting of Michael Brown in Ferguson, Missouri, this month. O’Reilly was blasting the idea of people citing “white privilege” to help explain anger or inequality in a predominantly black community. He railed against a perceived failure of black leaders to spark a “cultural revolution” in their “precincts,” and the lack of personal responsibility instilled in young African Americans.
Of course Bill O’Reilly doesn’t believe that the concept of white privilege exists. (Neither does much of the rest of Fox News.) He has denied the existence of such a privilege for white Americans in previous segments, including one in which he falsely claimed that Harvard Kennedy School was requiring freshmen to take a class on the subject.
O’Reilly’s latest salvo of white-privilege denialism has already been mocked and (rightly) criticized enough. But one aspect of his crotchety monologue that was particularly unappealing was how he invoked the general economic and academic successes of Asian Americans in order to highlight the supposed failings of African Americans.
“So, do we have Asian privilege in America?” the Fox host asked rhetorically. “Because the truth is that Asian-American households earn far more money than anyone else.”
O’Reilly also compares the statistic on Asian-American children raised in single-parent households (13 percent) to that of African Americans (a “whopping” 55 percent) to make the point that Asian families in this country are stronger. This is a favorite bugaboo of O’Reilly’s, and in the past he’s even said that First Lady Michelle Obama should come on his show and tell black teens, “You stop having sex; you stop getting pregnant.”
O’Reilly has made the Asian-privilege point before. He’s also praised Asian folks by asserting that, “Asian people are not liberal, you know, by nature” because “they’re usually more industrious and hard-working.” (It’s worth noting that not all Asian demographics fit neatly into this positive stereotype that colors the way O’Reilly talks about Asian citizens.)
First, let’s be consistent and call this phenomenon “yellow privilege.” So, sure, you could reasonably argue that there is a general yellow privilege that people who look like me enjoy in the United States. For instance, Asian-American men under the age of 35 have a far lower chance of being wrongly accosted by a police officer than a young black man would. The difference is that, unlike white people, we don’t have a bitter, well-paid armada of commentators to go on TV and complain about black people every time someone brings said privilege up.
But the real reason O’Reilly’s black-yellow comparison is so annoying and intellectually dishonest is because it is patently bizarre to compare the Asian-American experience to the African-American one. Such a crass talking point—one that uses the favorable stats of one minority group to attack the culture of another—overlooks, or at least glosses over, some of the most obvious facts and tragedies in our nation’s history. Generations of Asian Americans did not endure the traumas, legacies, and residual effects of slavery, Jim Crow, and decades of racist housing policy. These are factors that O’Reilly mentions only as an aside, preferring to talk more about the importance of getting black kids to “speak properly” and behave themselves in public.
Asian Americans and African Americans have had very different experiences in America, a complicated reality that O’Reilly and many of his colleagues do not seem eager to tackle. But at least his commentary in the wake of the Michael Brown tragedy has been more refined than some of his co-workers—a thought that is less a compliment to Bill, and far more indicative of the kind of organism that Fox News has become.
By: Asawin Suebsaeg, The Daily Beast,August 27, 2014
Why Killer Cops Walk Free”: It’s Time To Try To Rebuild The Trust Between Police And The Communities They’re Sworn To Protect
When I was a white, I viewed the police as a friend. But now that I’m a minority, my view has changed.
I know that to many I still look like a white guy. However, since I’m of Arab heritage and Muslim, I morphed into a minority in the post-9/11 world. After all, white people aren’t racially profiled nor called to answer for the worst of their community. Only minorities are. Thus, I’m a minority, and I view the police through that prism.
Don’t get me wrong. I don’t consider the police an enemy. I just no longer give them the benefit of the doubt. When I hear their version of the facts, I now require corroborating evidence. And I can just as easily believe the version of events proffered by a defendant or other witnesses.
Being a minority, I have also become much more sensitive to the fact that the police can kill you without good reason. And while exact numbers are hard to come by, recent estimates are that the police have killed about 400 people per year over the last decade. Our police kill more people each year than those killed by gun violence in countries like the United Kingdom, Germany and Australia.
I would predict that few have issues with the police shooting dangerous criminals who are truly threatening them or the public at large. Regardless if we are white or a minority, we want the police to protect us. In fact, we pay them to do just that.
But the problem arises when we see the police kill a person in circumstances that shock our conscience. In these instances, our sense of right and wrong demands that the police officer be held criminally responsible for his actions.
However, this happens very infrequently. Why? In large part, this is due to a 1989 U.S. Supreme Court decision that held a police officer can legally use deadly force if the officer has an “objectively reasonable fear” that someone will be killed or suffer serious bodily injury. This ruling, by design, insulates police officers from criminal liability because of the unique, life-threatening challenges of being in law enforcement.
In fact, many legal experts believe that Darren Wilson, the police officer who reportedly shot Michael Brown, will not be convicted of a crime. Indeed, Missouri Governor Jay Nixon acknowledged that Wilson might not even be charged with one.
The Brown case would be far from the most outrageous incident involving a police officer not being criminally charged for killing an unarmed person. In 2012, for example, Brian Claunch, a wheelchair-bound double amputee living in a group home in Houston, became unruly. After the cops arrived, Claunch, who had a history of mental illness, verbally threatened them from his wheelchair and waved a shiny object—a ballpoint pen. After Claunch refused to drop the pen, one of the officers shot him in the head, killing him.
Is it shocking the officer wasn’t charged? Yes. Unexpected? No. As The Texas Observer noted, between 2007 and 2012, Houston police officers shot and killed 109 people and injured another 111. How many of these shootings were deemed unjustified? Zero.
Claunch was white. I mention his race only because white people should, too, be concerned with being shot by law enforcement. In fact, the police have killed more whites than black people in recent years. But those numbers don’t paint the full picture. On a percentage basis, blacks are being shot and killed by the police in much higher numbers.
For example, as Mother Jones noted, between 2004 and 2008, Oakland police officers shot 37 people. How many were black? All of them. And even though in 40 percent of the cases the suspect was unarmed, not one police officer was charged with a crime. And Oakland is not unique here—similar numbers can be found in other big cities.
Consequently, few will be surprised that a recent poll found blacks and whites view the police differently. While 56 percent of whites had a great deal of confidence in the police, only 37 percent of blacks felt the same way.
Still, Americans overall are apparently viewing the police in more negative terms. A 2009 Gallup poll found that 63 percent of Americans viewed the police as honest and ethical. (The peak being 68 percent in 2001 shortly after 9/11.) But a Gallup poll conducted at the end of 2013 found that number has now fallen to 54 percent, the lowest number since the 1990s.
What may be legal might not always be right. While the police may walk away scot-free, we still remember what they did. And I would predict that if we see more cases like Michael Brown or Eric Garner—the unarmed man killed in July after NYPD officers placed him in an illegal chokehold—the more negatively the police will be viewed by everyone going forward.
This poses a very real policing problem. Police officials will tell you that one of the most important components in combatting crime is building relationships within the community they are policing. How can the police do that if the community views them as dishonest, or even dangerous?
A good move toward rebuilding trust would be affixing cameras to police officers so that the public can see the events that lead to the use of deadly force. Police could also do more community relationship building by interacting with minority communities now—not after there is an incident. And if a police officer is clearly at fault, police chiefs should not blindly defend that person.
Ironically, while relations between the police and minority communities might be strained, we now share something in common: Neither of us wants to be defined by our worst examples.
By: Dean Obeidallah, The Daily Beast, August 26, 2014
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