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CI: Low-level Offenses and Racial Profiling, Minneapolis Edition

March 18, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Intersectionality, Police Brutality, Police State, Prison Industrial Complex

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

Low-level Offenses and Racial Profiling, Minneapolis Edition
by nancy a heitzeg

The historical connection between low-level offenses ( e.g. lurking, loitering, vagrancy) and racialized policing is well-established. These laws emerge as Slave Codes become Black Codes; from the very outset they were “intended to circumscribe the lives of African Americans.” Low-level and “liveability” crimes were a central features of the Old Jim Crow, and remain so today, in the New Jim Crow era as pretextual police tools in racial profiling

Recent reports from the Minnesota ACLU released on October 28 verified yet again, using the Minneapolis Police Department’s own data, that Blacks are targeted for low-level arrests. (The results were replicated by a new report from the Minneapolis Police Department, which further revealed that when victims/witnesses are involved in reporting, they are overwhelmingly white). These practices persist in lieu of an official name such as ‘stop and frisk’ or or ‘broken windows” yet the net effect is the same. The data revealed “that between 2004 and 2012, an African American individual was, on average::

  • 11.5 times more likely to be arrested than a white individual for marijuana possession;
  • 8.86 times more likely to be arrested than a white individual for disorderly conduct;
  • 7.54 times more likely to be arrested than a white individual for vagrancy; and
  • 16.39 times more likely to be arrested than a white juvenile for curfew/loitering”

In light of these persistent racial gaps, City Council Members Council Members Cam Gordon and Blong Yang have announced their intent to introduce the repeal of the city ordinances on lurking and spitting. They noted that lurking

profiling“..is one of several low-level offenses police use to target specific neighborhoods and racial groups. Over that six-year period, 59 percent of the people arrested for lurking were black, while 24 percent were white. Meanwhile, 69 percent of the people who called in to report lurking offenses, listed on reports as either victims or witnesses, were white. Just 12 percent were black.”

This repeal is supported by Coalition for Critical Change, #Blacklivesmatter Mpls, & Community Justice Project, who recently launched a petition as well calling for the repeal of all low-level ordinances in the city. These include;

  • Loitering
  • Lurking
  • Spitting, depositing tobacco
  • Congregating on the Street or Sidewalk
  • Juvenile Curfew

Please join us in combating racial profiling. Click and sign below.

Petitioning Minneapolis City Council and Mayor Betsy Hodges

Repeal Low-Level Ordinances in Minneapolis

CI: The Attorney General of the United States

March 11, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Education, Government for Good, Intersectionality, Police Brutality, Prison Industrial Complex, Voting Rights

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

The Attorney General of the United States
Editors note from nancy a heitzeg

“While my time in the Department of Justice will soon draw to a close, I want you to know that, no matter what I do or where my own journey takes me, I will never leave this work.  I will never abandon this mission. Nor can you.  If we are to honor those who came before us, and those still among us, we must match their sacrifice, their effort, with our own.  The times change, the issues seem different, but the solutions are timeless and tested: question authority and the old ways. Work.  Struggle.  Challenge entrenched power.  Persevere.  Overcome.”

~ Attorney General Holder Reaffirms Commitment to Voting Rights in Speech to Commemorate the 50th Anniversary of Bloody Sunday and the Selma-to-Montgomery Marches, Selma, Alabama, United States, Sunday, March 8, 2015

It is possible, in complexity, to say that the criminal legal system is flawed at the foundations – to argue for abolition- and to also say, in the very same moment, that every inch of breathing room matters. To say that it matters who is the President, who sits on the Supreme Court, and who is the Attorney General of the United States. To say that an imperfect system can be made slightly better (or much worse) by the party and people who occupy positions of power.

In that spirit, CI would to acknowledge the work of Attorney General Eric Holder – for his willingness to plainly confront systemic racism in multiple arenas and to use the power of his office to combat its’ persistent and impermissible stain on voting rights, school discipline, and policing. His Department of Justice sought to enforce the Voting Rights Act even after it had been gutted, guided the Department of Education away from zero tolerance and racialized suspensions/expulsions for the first time in more than 20 years, and indicted, in  perhaps the last DOJ Report that will bear his name, the unconstitutional cesspool that is the Ferguson Police Department and Courts.

Given the constraints of the Title and the Office, that, Sir, is Enough.

CI: A Glimpse…

March 04, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Immigration, Intersectionality, Police Brutality, Police State, Prison Industrial Complex, Prisoner Rights

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

 
A Glimpse...
Editors’ note by nancy a heitzeg

“The Constitution has always demanded less within the prison walls”. ~ Clarence Thomas, Dissenting in Garrison S. Johnson, Petitioner v. California et al. 2005

It has been true. Even as we catch a fleeting glimpse – here in recent headlines – the Constitution has been rendered largely silent.

And so have we.

Even as Many Eyes Watch, Brutality at Rikers Island Persists

The brutal confrontations were among 62 cases identified by The New York Times in which inmates were seriously injured by correction officers between last August and January, a period when city and federal officials had become increasingly focused on reining in violence at Rikers…

Screen-Shot-2013-06-10-at-12.30.27-PMAccording to Correction Department data, guards used physical force against inmates 4,074 times in 2014, the highest total in more than a decade. The increase came even as the jail’s average daily population continued to decline, falling to 10,000 this year from 14,000 a decade ago.

Seventy percent of the 62 beatings examined by The Times resulted in head injuries, even though department policies direct guards to avoid blows to the head unless absolutely necessary. And more than half the inmates sustained broken bones.

In October, a typical month, one inmate had his jaw shattered by a guard after being handcuffed and led into an elevator; another had his arm broken while handcuffed; and a third had three teeth knocked out.

The Times also identified 30 episodes from August to January in which officers suffered serious injuries in altercations with inmates. While most of the inmates involved sustained head injuries, nearly half the guards fractured bones in their hands and fingers, often after striking inmates in the head.

“Predictable” Riot at Texas Prison Followed Years of Complaints

The riots that broke out this weekend at a Texas prison featured in a 2011 FRONTLINE investigation erupted after years of complaints from inmates about poor conditions and abuse at the facility, and at least one previous protest.

Prisoners at the Willacy County Correctional Institution, most of them convicted for immigration or nonviolent drug offenses, set fire to the Kevlar tents where they are housed in a protest over medical care, according to the federal Bureau of Prisons (BOP)….

Screen-Shot-2013-06-10-at-12.30.27-PMIn 2011, FRONTLINE uncovered more than a dozen allegations of sexual abuse by guards at the facility in Lost in Detention, as well as physical and racial abuse. At the time, Willacy was run by MTC for U.S. Immigration and Customs Enforcement (ICE). The facility housed people who had not yet been convicted, but were awaiting immigration hearings. Guards were accused of harassing women for sexual favors, and in some cases sexually assaulting them. Other detainees were beaten by guards who cursed them with racial epithets…

New allegations later surfaced. In June 2014, the ACLU issued a report on Willacy and four other privately run prisons in Texas, and found the inmates there are subject to abuse and mistreatment, and prevented from connecting with their families.

At Willacy, inmates are crammed 200 at a time into squalid Kevlar tents, with no private space, the report found. Insects crawl through holes in the tents. The open toilets regularly overflow with sewage, and in 2013 several inmates camped out in the yard in protest. “They treat us like animals,” one person told the the civil-rights group.

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Criminal InJustice: Abolition X

February 25, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Police Brutality, Police State, Prison Industrial Complex, Prisoner Rights

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

Abolition X
Editors note by nancy a heitzeg

It is impossible to note the 50th Anniversary of Malcolm X’s assassination without noting too the even more urgent need for prison abolition and for a coalition between what Mumia calls “organic and radical intellectuals.”  The ubiquity of prison, in a nation ostensibly built on freedom, is a contradiction none of us can any longer bear. Voices from the inside and  out must unite. Again.

As Dan Berger notes in “Malcolm X’s challenge to mass incarceration”:

“Malcolm X spent his political life resisting the kind of criminalization of black communities that has catalyzed protests around the country over the last six months. He was an outspoken critic of a system that has justified the arrest, imprisonment and death of so many people long before it reached the kind of crisis proportions that see a black person being killed by law enforcement or vigilantes every 28 hours, on average…

Shortly before his death, Malcolm X praised civil rights activists in Selma, Alabama, for pursuing “a version of freedom larger than America’s prepared to accept.” Fifty years later, inside the world’s biggest jailer, Malcolm X still beckons us to work for an America that may one day be described as something other than a vast prison. “

Hear him now.

 

Free Albert Woodfox!

February 18, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Defense, Criminal Injustice Series, Intersectionality, Prisoner Rights

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

Free Albert Woodfox!
by Angola 3 News

Editors note: The State of Louisiana, unparalleled in the scope of mass incarceration – is unparalleled too in unrelenting cruelty and venase form Angola 3 News. Please read shsre and offer ss on the latest in Woodfox’s cgeance towards many of itsases.  prisoners, but especially the Angola 3.  Of the three, Albert Woodfox remains imprisoned. ( Robert King was freed in 2001; Herman Wallace was released shortly before his death in 2013.)  Below are updates and action requests from Angola 3 news — to whom we are eternally grateful for championing these cases. Please sign too Amnesty Internationals Petition of Support.

2014Free Albert Woodfox

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CI: A Dirge for Tucker, Torture, and Dirty Work

January 28, 2015 By: nancy a heitzeg Category: Criminal Injustice Series, Imperialism, International Law, Military Industrial Complex, Prisoner Rights

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

 

A Dirge for Tucker, Torture, and Dirty Work

by Kay Whitlock

We all have our ghosts, the memories of singular people and events in our lives that changed us forever, in ways we still struggle to define with emotional clarity, and so haunt us still.

For the most part, these ghosts exist in the shadows of our lives, half-remembered more or less as we actually experienced them and half-invoked in service of personal storylines about who we wish we really were, who we think we are, who we hope to be – and, conversely, who we do not want to be.

The ghost I have been visited by most recently is a man, long dissolved into dust, probably tortured to death in Vietnam, having been responsible, in part, for the torture and assassination of countless Vietnamese people. His name is Tucker Gougelmann. He is the 78th person to be commemorated with a star on the Wall of Honor at CIA headquarters.

I knew him briefly, by accident or dumb luck, if you can call it that, in the years between 1972 and 1975, before the repatriation of (at least some of) his broken bones. I knew him not well but vividly. His very presence, by definition, was vivid.

It would be easy to hate him, but I don’t; I never have. My responses are much more complicated and have to do with a furious, searing, and ceaseless grief. He never really goes away. What am I supposed to do with him?

Tucker Gougelmann, on the right”

Tucker Gougelmann, on the right”

I suppose he rises again now from the miasma of the past to disturb my heart and spirit for several reasons. The first is the December 2014 release of the report on the CIA’s post-9/11 use of torture from the U.S. Senate Select Committee on Intelligence.   The second is the relative placement of two recently-released feature films, Selma and American Sniper, in the contest for primacy in the American imagination – the Academy Award nominations be damned.

The third is the powerful and necessary campaign for reparations for survivors of Chicago police torture.  Next are the seemingly endless pre- and post-Ferguson killings of black people by police, security guards, and vigilantes in the United States.

Finally, there is my personal, apparently never-ending, search to explore the question why the most massive forms of violence are so terribly ordinary and routine, and how and why so many of us refuse to recognize or care about it; why we let it go on and on and on. And the subsequent, essential question: how is it possible to transform such lethal indifference and contempt, which produces systemic violence, into structural manifestations of civic goodness and generosity? (That is a question Michael Bronski and I explore in Considering Hate: Violence, Goodness, and Justice in American Culture and Politics. )

And finally, it has something to do with my personal, apparently never-ending, exploration of why the most massive forms of violence are so terribly ordinary and routine, and how and why so many of us refuse to recognize or care about it. And the subsequent, essential question: how is it possible to transform such lethal indifference into structural manifestations of civic goodness, generosity, and community wholeness?

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Revelations: I Shot a Man in Reno…

January 25, 2015 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Civil Rights, Criminal Injustice Series, Intersectionality, Prison Industrial Complex

Legal Debate on Using Boastful Rap Lyrics as a Smoking Gun

 Meet Tiny Doo, the rapper facing life in prison for making an album

As rappers go, Brandon Duncan’s approach is not unusual: his lyrics reflect the violent reality of the streets. But in the pantheon of rappers who have had run-ins with the courts, Tiny Doo looms large. Despite his lack of a criminal record, Duncan stands accused of nine counts of participating in a “criminal street gang conspiracy”, charges that could land him in prison for life.

But Duncan is not charged with participating in any of the crimes underlying the conspiracy, or even agreeing to them. Rather, he’s effectively on trial for making a rap album…

Putting a musician on trial for his lyrics is antithetical to Americans’ free speech rights, and quite possibly unconstitutional. What’s more, the “criminal street gang conspiracy” law that Duncan is charged with violating – part of an anti-gang initiative package passed by California voters in 2000 – stands in marked contrast to conspiracy as California has traditionally defined it.

Ordinarily, to be guilty of conspiracy in California an individual must agree with another person to commit a crime, then at least one of them must take action to further that conspiracy. The charge Duncan faces requires no such agreement: so long as prosecutors can show that Duncan is an active member of the gang and knows about its general criminal activity, past or present, he can be convicted for benefiting from its acts…

black line Capture

CI: #FreeMLK

January 21, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Economic Development, Economic Terrorism, Housing, Intersectionality, What People are Doing to Change the World

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

 

#FreeMLK
by nancy a heitzeg

In anticipation of the National Holiday bearing his name,  Ferguson Action announced their intention to #ReclaimMLK; “Unfortunately, Dr. King’s legacy has been clouded by efforts to soften, sanitize, and commercialize it. Impulses to remove Dr. King from the movement that elevated him must end. We resist efforts to reduce a long history marred with the blood of countless women and men into iconic images of men in suits behind pulpits .”

The Radical King was a tactical genius in the implementation of targeted direct action campaigns, a civil disobedient – a breaker of unjust laws who expected – no wanted – to go to jail, and at times,  as Joy James reminds us, a political prisoner. Often lost in the discussion is this: that famous letter from Birmingham was written from jailThe Radical King was a democratic socialist, an intersectional analyst who linked white supremacy and capitalism, a critic of war and U.S. imperialism, and a proponent of a revolution of values. Who knows — had he lived long enough, he may well have found himself an advocate too for prison abolition.

But what does it mean to #ReclaimKing at this moment? 2015 is not 1965. Ferguson is not Birmingham; Staten Island is not Selma. The Radical King must be fully embraced with a complete and nuanced understanding of his time and context as well as our own.

No, the legacy of King and the Civil Rights Movement can no longer be sanitized, but it cannot be uncritically, causally reclaimed either. In embracing the full complexity, we must not adhere only to the metaphor, but also the hard realities.  Protest is essential, but it cannot be mere performance and it is never, by itself, enough.  We must develop the long-haul strategies that make for success; that take into account the systems of power which we are engaging.  We must not be naive; if power is confronted, it will strike back. This is part of the turf, however vengeful and unjust it may seem.  This was the brilliance of King and the CRM:  the strategies anticipated and, in fact, relied on excessive responses that revealed the contradictions between legal “justice” and the violence that is inflicted by the state.

The radical vision demands so much more of us. It demands a lifetime commitment and a willingness to risk – everything if need be – with the expectation of the powerful backlash.  This must be factored into our work – not because we are martyrs, but because we are savvy and delusion free.  The test will be how we can walk into the center of the storms in our own era, stand through them, and see our way to the other side.

Last week I was in downtown Oakland, in the midst of 96 hours of MLK Weekend Action, and as usual, the movement there said it/did best. A coterie of marchers appeared and delivered this chant – not a call to reclaim and then repossess – but this:

“#FreeMLK!”

Read that Letter again with this in mind.

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