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CI: Metaphysics, Imagination, and Police/Prison “Reform”

August 26, 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.

 

Metaphysics, Imagination, and Police/Prison “Reform”: A Criminal Injustice Op-Ed
 by Kay Whitlock

That reform trap door can open awfully fast under unsuspecting feet.

Recently it opened up under Black youth leadership in the Windy City when the ACLU of Illinois announced the results of its secret negotiations with the City of Chicago regarding the Chicago Police Department’s “stop and frisk” practices.

In this case, that agreement wasn’t simply a breach of good faith with Black youth who have been organizing with relentless persistence against structural racism and police violence in their many forms. This was an outright betrayal that literally undermined the efforts of We Charge Genocide (WCG) – a grassroots organization comprised of people who are most heavily impacted by that violence – to address “stop and frisk” in some fundamentally different ways.

An open letter from We Charge Genocide details the nature and effects of that betrayal.

The ACLU-negotiated agreement calls for police data to be released confidentially to the ACLU and a designated consultant; the public can only try to gain access through the cumbersome processes of the Freedom of Information Act. There is no certainty it will be provided at all, much less in a timely way or without legal intervention.

By contrast, the We Charge Genocide-initiated Stops, Transparency, Oversight, and Protection (STOP) Act would require data collection for all stops, including demographic information for those stopped, but it goes much further. It also would record the badge numbers of officers involved as well as more detailed information about the stop: location, reason, result. And the law would require that all those stopped be given receipts so that they have demonstrable proof that this interaction occurred.

Knowing the STOP Act was moving forward, ACLU nonetheless went ahead with secret negotiations with city officials; community partners who had long been exposing and organizing against “stop and frisk” and other forms of police violence, abuse, and misconduct were left out in the cold.

With the release of the open letter, the ACLU pronounced itself “confused” by the WCG response and, in effect, attempted to explain how Black youth organizers were wrong in their assessment. ACLU also declared its support for continuing efforts to pass the STOP (Stops, Transparency, Oversight and Protection) Act with its stronger transparency and accountability provisions. But the damage had been done; Mayor Rahm Emmanuel sought a filing delay from City Council members who were sponsors of the STOP ACT.

ACLU provided cover to and brokered a deal with the Mayor who could now sidestep any more dealings with grassroots advocates and activists who created momentum for change in the first place and played an important role in forcing the City’s hand on a landmark reparations package for police torture survivors and their families.

Thankfully, We Charge Genocide and other grassroots Chicago organizations representing the communities bearing the brunt of structural racism in its multiple forms, including police violence, will not be deterred; we applaud and support them.

But this is a cautionary lesson for those on the trembling and rapidly shifting ground of criminal legal system/policing/prison reform.

How do we begin to understand it? Why would the American Civil Liberties Union do such a thing? Yet the question isn’t really just about ACLU. And the answer won’t be found in narrow discussions about issues, policies, and tactics.

This problem is structural and – to use an unusual word in debates about the criminal legal system, its methods, and its reach – metaphysical. If we’re not talking about the vision and principles underlying our proposals, we end up with a reformed version of essentially the same civic catastrophe.

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CI: #MikeBrown and #Ferguson, Special Issue of ProudFlesh

August 19, 2015 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, 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.

 

#MikeBrown and #Ferguson, Special Issue of ProudFlesh
from nancy a heitzeg

PF pngProudFlesh: New Afrikan Journal of Culture, Politics, and Consciousness recently published a Special Issue on Mike Brown and Ferguson. Guest Editors for this Special Edition are myself  and Rose M. Brewer, Ph.D. Professor of African American & African Studies, University of Minnesota.Much gratitude to her and the many contributors.

ProudFlesh: New Afrikan Journal of Culture, Politics and Consciousness is a peer-reviewed journal, a terrain for promoting exchange, thinking, for igniting the common impulse to create, to perform, to interrogate in spite of the odds fueled by repression and rootlessness.

This Special On-line Issue is modeled after the Special Issue Dedicated to Trayvon Martin, offers a collection of critical responses to Ferguson in the first six months of the struggle. It begins with the death of Mike Brown and closes with the Department of Justice Report on Ferguson,

Of course this is just the beginning, but one year on, it is important to look back top see what has been won/lost, which directions the movement has taken now, which voices have been lifted and those from whom we need to hear more.

Hope you read it — the issue is available for free and forever. You will jsut be asked to create aan account an dlogin to fully access al articles.

For the Struggle…

 

PF png

Criminal InJustice: #Ferguson/#Everywhere Still

August 12, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Intersectionality, Military Industrial Complex, Police Brutality, Police State, Prison Industrial Complex, 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.

 

#Ferguson/#Everywhere Still
by nancy a heitzeg

Editors Note: It has been one year since the murder of Mike Brown and the ignition of the Ferguson Uprising. This piece was published then and reprinted today — so little has changed that it perhaps even more relevant now.

Yes there is greater public awareness of and more political conversation about police violence. Yes there have been unabated protests and the widespread declaration that #BlackLivesMatter. There are organized efforts such as The Counted to document  – in the spirit of #Every28Hours – what officials cannot and will not.

But Ferguson is still under siege, a police state for profit. So is Everywhere. There have been calls for “reform” that primarily involve body camera, a proposition insured only to further the enrichment of Taser International and increase our own surveillance. And the body count and corresponding hashtag frenzy continues to mount. Police have killed at least 1,083 Americans in the year since Mike Brown, and are on track in 2015 to kill more than 1.100. As has been the case forever, the targets are disproportionately Black – killed at a rate of more than 3 times all other racial groups combined.

It is difficult to tell if these numbers are actually rising or just seem to be due to increased accounting. At a moment when questions on tactics and strategy are deemed impolitic/verboten, it is fair to ask – is it possible that rising deaths and jailhouse lynchings are police retaliation? Is it possible that protest is broken – that police are prepared not only to absorb street demonstration, but to escalate the punishing?  

What creative challenges to the system can be mounted — the entire system – not just the police as avant-garde – but the prison industrial complex as the centerpiece of raced classed gendered control? Can we stop looking for “justice” from the very same killing machine?

How can we effect deep change so that next year at this time we will not still be lamenting more of the same –

In #Ferguson/At #Everywhere……..

 

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CI: #BlackAugust

August 05, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Imperialism, Intersectionality, Police State, Prison Industrial Complex, 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 CST

 

#BlackAugust
Editors note by nancy a heitzeg

For Mike Brown, for Ferguson – In Struggle and Love…

As we approach the one year anniversary of Mike Brown’s murder and the Ferguson uprising, let us locate that in the long history of Black August, in the long history that marks that month as a site of repression and radical resistance.

It is too a time – in the words of the Malcolm X Grassroots Movement –  to “STUDY AND PRACTICE EDUCATION AND OUTREACH ABOUT OUR HISTORY AND THE CURRENT CONDITIONS OF OUR PEOPLE.”

Whoever you are: Read, Reflect and Resist.

 

 

2010 feature length documentary directed by dream hampton for the NY chapter of the Malcolm X Grassroots Movement

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.