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Criminal InJustice: “Broken Windows”/Broken Lives, One Year Later

July 15, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, 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.

 

“Broken Windows”/Broken Lives and the Ruse of “Public Order” Policing
by nancy a heitzeg

Authors note: As we approach the one year anniversary of Eric Garner;s death, New York City reached a settlement with his family, agreeing to pay $5.9 million to resolve a wrongful-death claim. The settlement is the latest in a long series of civil pay-outs (over $1 billion) made by the city to victims of NYPD.

But that has largely been the only accounting. While still under investigation, the officers involved  in Garner;s death will likely face no legal consequences. A Grand Jury has already declined to indict them. In fact, those who filmed the police action that killed Garner – Ramsey Orta and Tanisha Allen — have singularly received more police scrutiny than the killers themselves.

The Mayor, elected on a progressive wave, has co-signed continued NYPD repression — budgeting for 1300 new officers and standing in support of both broken windows and the chokehold. This, despite growing protests over police killings in NYC and across the nation. As of this writing, that number approaches 600, a rate of more than 3 dead per day.

The death of Eric Garner, which preceded that of Mike Brown by a month, reinvigorated a national call to end police violence against Black Lives. It continues apace, perhaps has even accelerated.  And so we demand again in the name of Eric Garner and so many more:

“It Stops Today.”

***

The murder of Eric Garner at the hands of NYPD brings to light again the never-ending unanswered questions. Unchecked police killings of mostly Black Men – one every 28 hours. Rampant racial profiling, most recently high-lighted in Floyd v City of New York. Excessive use of force, even in the handling of non-violent crime. Deadly restraint tactics, such as the choke-hold that killed Michael Stewart, killed Anthony Baez, and was supposedly banned in NYC despite being the on-going subject of more than 1000 civilian complaints.

“Brother Eric Garner No Longer Breathes Courtesy Of Banned NYPD Chokehold. Rest In Power.” Spike Lee

Lurking behind all these atrocities is the flawed theory and fatal practice that makes it all possible: “Broken Windows” and public order policing. Widely promoted but rarely publicly critiqued, in light of Eric Garner, let’s take a closer look.

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Criminal InJustice: Restorative Justice is Needed For Albert Woodfox, The Black Panther Party & The Nation

July 01, 2015 By: nancy a heitzeg Category: Anti-Racism, Corrupt Judiciary, Criminal Injustice Series, Intersectionality, 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.

 

Healing Our Wounds: Restorative Justice Is Needed For Albert Woodfox, The Black Panther Party & The Nation –An Interview With Law Professor Angela A. Allen-Bell

By Angola 3 News

On Monday, June 8, 2015, US District Court Judge James Brady ruled that the Angola 3’s Albert Woodfox be both immediately released and barred from a retrial. The next day, at the request of the Louisiana Attorney General, the US Fifth Circuit Court of Appeals issued a temporary stay of release set to expire on Friday, June 12.

As the week intensified following Judge Brady’s ruling, both Albert Woodfox and his family, friends & supporters wondered if he would finally be released over 43 years after first being placed in solitary confinement. Amnesty International USA launched a petition calling on Louisiana Governor Bobby Jindal to honor Judge Brady’s ruling.

On June 9, US Congressman Cedric Richmond (LA-02) issued a statement declaring that “Attorney General Caldwell must respect the ruling of Judge Brady and grant Mr. Woodfox his release immediately…This is an obviously personal vendetta and has been a waste of tax payer dollars for decades. The state is making major cuts in education and healthcare but he has spent millions of dollars on this frivolous endeavor and the price tag is increasing by the day.”

On June 11, eighteen members of the Louisiana House of Representatives voted unsuccessfully to pass a resolution (H.R. 208) urging Attorney General Caldwell to stop standing in the way of justice, withdraw his appeals, and let Judge Brady’s unconditional writ and release ruling stand.

However, on Friday, June 12, the Court responded by scheduling oral arguments for late August and extending the stay of release at least until the time that the Court issues its ruling later in the Fall.

Among those who communicated with Albert during that emotional week was Southern University Law Professor Angela A. Allen-Bell. In the days following Judge Brady’s ruling, she was a featured guest on several television and radio shows that focused on Albert’s case, including National Public Radio. In this interview with Angola 3 News, Prof. Bell discusses her new law journal article and reflects upon the latest developments in Albert’s fight for freedom. She argues that recent Angola 3-related media coverage in the US is becoming “more substantive,” and that this month “the media got bolder and began digging deeper than just a soundbite.”

Literally hundreds of news websites around the world published articles about Judge Brady’s ruling. The New York Times, who in an earlier editorial from 2014 declared Albert’s four decades in solitary to be “barbaric beyond measure,” chose a headline for their June 10 article that cited Albert’s “Torturous Road to Freedom.” The next day, the NY Times reprinted an Associated Press article entitled “What Has Louisiana Got on the Last of the Angola Three?”

Answering the question posed by the headline, the articles states: “Woodfox’s long-simmering story has been the subject of documentaries, Peabody Award winning journalism, United Nations human rights reviews and even a theatrical play. It’s a staggering tale of inconsistencies, witness recants, rigged jury pools, out-of-control prison violence, racial prejudice and political intrigue.”

Media coverage in the state of Louisiana itself also seems to be improving. For example, writer Emily Lane of the NOLA Times-Picayune responded to Brady’s ruling with a series of in-depth articles, focusing on the specifics of how and why Albert has been in solitary for over 40 years, as well as the physical and mental impact of such treatment. In another article, the Times-Picayune quoted extensively from a statement made by Teenie Rogers, the widow of slain prison guard Brent Miller. “I think it’s time the state stop acting like there is any evidence that Albert Woodfox killed Brent,” Rogers said. Meanwhile, Albert remains in solitary confinement, with Louisiana authorities “not letting up on” the “last of the ‘Angola3.'”

Our first interview with Prof. Bell, entitled Prolonged Solitary Confinement on Trial, followed the release of her 2012 article written for the Hastings Constitutional Law Quarterly, entitled “Perception Profiling & Prolonged Solitary Confinement Viewed Through the Lens of the Angola 3 Case: When Prison Officials Become Judges, Judges Become Visually Challenged and Justice Becomes Legally Blind.”

Our second interview, entitled Terrorism, COINTELPRO, and the Black Panther Party, examined her 2014 article, published by the Journal of Law and Social Deviance, entitled “Activism Unshackled & Justice Unchained: A Call to Make a Human Right Out of One of the Most Calamitous Human Wrongs to Have Taken Place on American Soil.”

This new interview, now our third, is timed with the release of of Prof. Bell’s latest article, published by the University of Miami Race & Social Justice Law Review, entitled “A Prescription for Healing a National Wound: Two Doses of Executive Direct Action Equals a Portion of Justice and a Serving of Redress for America & the Black Panther Party.”

Since the Angola 3 News project began in 2009, we have conducted interviews focusing on many different aspects of the Black Panther Party and the organization’s legacy today, including:  Remembering Safiya BukhariCOINTELPRO and the Omaha TwoThe Black Panther Party and Revolutionary ArtDylcia and Cisco on Panthers and Independistas“We Called Ourselves the Children of Malcolm,”  Medical Self Defense and the Black Panther Party, and The Black Panther Party’s Living Legacy.

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Revelations: #KeepItDown

June 28, 2015 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Civil Rights, Intersectionality, Police State, What People are Doing to Change the World

Criminal InJustice: To Break the Chain

June 24, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Gun Culture, Intersectionality, Media Conglomeration, 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.

 

To Break the Chain
by nancy a heitzeg

Charleston.  The latest USA edition of the “race-tinged death story”.

Although the racial motivations were clear from the outset (survivors told the tale), this did not deter mainstream media and invested policy makers from spinning the familiar script. Liberals pointed towards guns and debate erupted over which language of the carceral state to adopt — was this hate crime or terrorism? The Right feigned confusion or claimed that it was really just Christians who were under attack..

The white shooter, typically,  was both isolated and humanized – arrested without a scratch, fed Burger King, described as a lone wolf who may be mentally ill or exceptionally evil, ultimately unknowable. In the words of South Carolina Governor Nikki Hayley, “We’ll never understand what motivates anyone to enter one of our places of worship and take the life of another.”

Until we did. The discovery of Dylann Roof’s last racist screed laid bare the motives, and set off another round of spin. The fact that Roof named the Council of Conservative Citizens, as both source and inspiration, induced a panic-stricken flow of returned campaign contributions, the fine line between “extremist” hate and the GOP mainstay, erased.

Exposed now, attention then turned quickly to the Confederate Flag and calls for its’ removal as remedy. The flag, which should have never flown, was long embraced by slavers and segregationists, and served as key code in the deployment of the ostensibly color-blind “Southern Strategy”. But perhaps now the costs had finally come to outweigh the benefits. Perhaps too, in keeping with the climate of premature forgiveness and healing, it was time for rapid reversal from those who had ridden the undead Confederacy to power.

As Glen Ford notes in The Perils of the Politics of Symbolism:

The demand that South Carolina remove the “Stars and Bars” from in front of the state capital building is wholly symbolic, directly affecting one pole and one piece of cloth.  The state’s governor and top Republican legislators would never consider letting go of the flag if it had not already become as much a burden as an asset to the Party… “Reconciliation,” therefore, comes cheap – and, in fact, redounds to the benefit of the former offender. Whites in South Carolina will get the chance to feel as good about voting the Confederate-free Republican ticket, as white Democrats in Iowa felt voting for Obama. Power relationships are unaffected…”

So the Flag may come down – forever or just for one day. Or it may not. It may be banned from Wal*Mart and Amazon and eBay for as long as Duck Dynasty was off the air or more. Regardless, the effects of the performance of contrition and distancing will have been achieved for those who rose to power on this very white supremacist imagery and the blood money it raised.  And we will be approaching peak color-blindness, an entire uninterrupted landscape of racism without racists, replete with complete denial-ability but deep structures which remain, untouched.

The juxtaposition of last week’s news-maker, the “trans-racial” Rachel Dolezal, with the trajectory of the unfolding Charleston story is unsettling. The singular message is this: race and racism are individualized performances that allow for both white appropriation of Blackness when convenient and white supremacist denial of structural racism viz a viz its’ projection onto a disposable Symbol. Elusive; ephemeral.

The reality is, flag or no, the structural white supremacy that is the bedrock foundation of this country has never been redressed. The Civil War has never been over. Slavery has been unwilling to die, morphing via the “reform ” offered by the 13th Amendment into the prison industrial complex and the punishing state. And the promises of “due process”, “equal protection” and the franchise, continue to be denied.

Until there is that full accounting – in word, deed and reparation – that flag, even figuratively, will continue to fly.

CI: The #Police in Your Heads

June 10, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Education, Intersectionality, Military Industrial Complex, 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.

 
The #Police in Your Heads
by nancy a heitzeg

Last week the Minneapolis City Council voted 12-1 to repeal the rarely used, racially enforced, and  constitutionally questionable ordinances on Lurking and Spitting. The effort was spearheaded by City Council Members Council Members Cam Gordon and Blong Yang and passage was supported by a variety of groups, including the Minnesota ACLU, Coalition for Critical Change, #Blacklivesmatter Mpls, Community Justice Project and Neighborhoods Organizing for Change. The Council was persuaded by a series of ALCU Reports that documented the role of these low level offenses in racial profiling and compelling testimony from the community as to the negative impact of “public ordering policing” and racial profiling on their everyday lives.

The victory was not achieved without some attempts at derailing via fear-mongering – mostly from  the sole vote against repeal, Council President Barb Johnson, Downtown Business interests , the police union , and a few random white citizens who fantasize that such ordinances may keep them “safe.” Largely ignoring the extensive data linking these offenses to racial profiling and criminalizing poverty, the red flags of livability, safety, and the slippery slope were waved; “we may find that the ripple effects from such changes simply undermine the security of individuals who live, work and visit here.”

Hardly.

Policing, here as so often, is the first knee-jerk and the last resort to anything and everything that might disrupt “whiteness” and/or property. This is the default for dealing with any sort of “other”; there is no alternative thought, no imagination.

The Police in Their Heads.

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CI: Counting

June 03, 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.

 
Counting
by nancy a heitzeg

How many are killed by law enforcement in the United States each year? And who is counting ?

While local state and Federal law enforcement agencies keep absolutely accurate records of the number of police officers killed or assaulted in the line of duty (typically less than 60 killed per year), there is no comparable systematic accounting of the number of citizens killed by police each year. This data is not nationally gathered or reported, save for a voluntary FBI reporting program. The task has largely been left to individual researchers to cobble together local and state – level data (much of which has removed racial identifiers) and report what police only seem to be concerned about in light of potential litigation.

A variety of efforts have attempted to document both the numbers and the racial disparities. Included here are a 2007 study conducted by ColorLines and The Chicago Reporter, two major reports from the Malcolm X Grassroots Movement (Report on the Extrajudicial Killing of 120 Black People, January 1n to June 30 2012 that documents the police killing of one Black Man Woman or Child every 36 hours and Operation Ghetto Storm: 20)12 Annual Report on the extrajudicial killing of 313 Black people by police, security guards and vigilantes #Every28Hours) and an analysis of federally collected data on 1,217 fatal police shootings by Propublica, Deadly Force in Black and White. All studies found that Blacks were substantially more likely than whites/other racial or ethnic groups to be killed by police, even when they were unarmed.

In the era of #Ferguson/#Baltimore/#Everywhere, there are calls for an accounting. Yesterday, Senators Barbara Boxer and Cory Booker introduced the The Police Reporting of Information, Data and Evidence Act. This that would require police departments to report any incidents in which an officer is involved in “use of force” that results in serious injury or death to the Justice Department. The chances of the bill passing remain to be seen.

In lieu of any current mandated recording, the Guardian as launched an interactive crowd-sourced database of police killings that records what government officials will not: The Counted. It represents the most comprehensive data source to date on the stories and statistics, the demography and geography of “any deaths arising directly from encounters with law enforcement”, including people who were shot, tasered and struck by police vehicles as well those who died in police custody. So far this year..

 

Please share this invaluable resource and contribute to the database via the online links if you have information on police killing(s). It is hoped Counting will lead to Accountability, but that burden rests with us.

Make the stories, make the numbers Count towards Systemic Change.

CI: #StudentsNotSuspects #NoSROs #Mpls

May 20, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Eco-Justice, Education, 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.

 

#StudentsNotSuspects #NoSROs #Mpls
by nancy a heitzeg

Minneapolis is a beautiful Blue City. It ranks near or at the top of a number of livability indices: low unemployment, high income and low poverty rates, affordable housing, literacy and high educational attainment, robust voter turnout and political engagement,  high percentages of colleges, art/theater, bike paths, green space, lakes and coops per capita.

Minneapolis ranks near or at the top too on indicators that reveal the city is less than “livable” if you are Black. The Black unemployment rate is nearly 4 times that of white, making it the highest racial unemployment gap in the nation. Black-white gaps  in the City of Minneapolis on census indicators such as household income, homeownership and educational attainment contribute heavily to Minnesota’s ranking as the worst state for financial inequality. Racial segregation persists by neighborhood and school; about 62 percent of black students attend high-poverty schools, compared with 10 percent of white students. Unsurprisingly, the s0-called “achievement gap” as measured by test scores and graduation rates is also amongst the highest in the nation.

Minneapolis similarly ranks high with regard to racial gulfs in matters of criminal injustice. The racial disparities are staggering, with Blacks and American Indians dramatically over-represented in arrests for the low-level offenses used as pretexts for racial profiling, and  in all aspects of correctional control from probation to prison. This racially biased policing extends to the Minneapolis Public Schools which again runs one the nations  “leading” school to prison pipelines.

Minneapolis School to Prison Pipeline and the Role of SROs

Minneapolis Public Schools have come under Federal scrutiny for the dramatically disproportionate suspension and expulsion rates for students of color. For more than a decade the rate at which Black and American Indian students were suspended/expelled exceeded the national average, achieving at the zenith, a rate of nearly 5 times more than white peers. The most recent data shows that Black students are 4 times more likely to get suspended compared with white students. Special education students and American Indians were the next most likely to get suspended.

In an agreement with the U.S. Department of Education’s Office for Civil Rights, the Minneapolis School District has now enacted a new policy where every non-violent suspension of a Black, Hispanic, or American Indian student will now be reviewed by the Superintendent’s office before they are approved.

National Ranking for School Arrests by Racial Disproportionality

National Ranking for School Arrests by Racial Dis-proportionality

While this begins to address one pillar of the school to prison pipeline, it fails to account for the role of police in the hallways and in-school arrests. Minneapolis Public Schools spends $1 million annually (matched by another $500,000 from the city) to employ 16 Minneapolis Police Department officers as Security Resource Officers (SROs) in the schools. While arrests have slightly declined in recent years,  the racial dis-proportionality reflected in suspensions and expulsions is present here too, leaving us again with amongst the highest rankings for racial gaps in arrests. It is important to note too, that the overwhelming majority of school based arrests are for minor misbehavior. Nearly 90% of these arrests are for misdemeanors or lesser offenses.

In Minneapolis, as elsewhere, a police presence in schools results in the criminalization of minor and typical youthful misbehavior. In addition to the risks posed by zero tolerance policies and suspension/expulsion, police in the schools are a direct conduit into the pipeline.

This has to stop. In Minneapolis, the Coalition for Critical Change and the Social Justice Education Movement are calling for an end to SROs in the schools. Please join us  – wherever you are – in imagining how to better spend $1.5 million in our schools.

And yours.

CI: ‘Whiteness’, Criminality, and Double-Standards of Deviance/Social Control

May 06, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Economic Terrorism, Intersectionality, Media Conglomeration, 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.

‘Whiteness’, Criminality, and the Double-Standards of Deviance/Social Control
by nancy a heitzeg

“All domination is, in the last instance, maintained through social control strategies” ~ Eduardo Bonilla-Silva 2001

Authors Note: The following is an excerpt from a piece recently published in Contemporary Justice Review: Issues in Criminal, Social, and Restorative Justice. The full article can be downloaded here.

The wholesale criminalization of Blackness is juxtaposed with the medical mitigation of white deviance, furthered by media coverage and, in a country driven by raw capitalism, buttressed by profligate profiteering, even from social control. The prison industrial complex and the treatment industrial complex serve as increasingly intertwined alternatives for defining and controlling, not just deviance, but race, in the era of “color-blindness”.

So as Black communities in Baltimore/Everywhere remain under siege, James Holmes pleads not guilty by reason of insanity to 166 counts of murder, attempted murder and more.

And the Band Played On.

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