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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: On Violence

April 29, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Imperialism, Intersectionality, Military Industrial Complex, 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.

 

 On Violence

“Power and violence are opposites; where the one rules absolutely, the other is absent. Violence appears where power is in jeopardy, but left to its own course it ends in power’s disappearance. “

~ Hannah Arendt (1906–1975),  “On Violence,” (1972).

CI: The Universal Pains of Prison

April 22, 2015 By: nancy a heitzeg Category: Civil Rights, Criminal Injustice Series, Intersectionality, 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.

 

The Universal Pains of Prison
Editors note by nancy a heitzeg

The following is an excerpt of an Honors Project, completed by a graduating Senior at St. Catherine University. It has been my privilege to serve as adviser to this project, which offers a comparative look at two dramatically different prison systems and philosophies, that of Denmark and the U. S.

Despite the stark contrasts documented throughout the project, this excerpt notes the common barriers faced in in re-integration, even when one has been incarcerated in a rehabilitative system. Yes, conditions are better, imprisonment more rare, but the stigma consistent, and the social barriers universal.

There are better models that we can look to for “reform”, but, in the end, we are always called – in every possible way – towards Abolition.

 

Difference in Prison Philosophies: The Danish Prison System vs. the U.S. Prison System

by Bridget Ferrell

“To present my honors project, I created a 30 minute podcast. This podcast is a recording  of the interviews I conducted in Denmark and the US for my honors project. The goals for my  podcast were to:

  • First, allow the voices of my interviews be heard by the community.
  • Second, to  understand the prison experience and how that influences inmates experience back into society.
  • Third, to propose recommendations for how the system can better help law-breaking citizens become law-abiding citizens.

In my podcast I present my findings. I found that although Danish inmates have the same rights as everyone else in the Danish society, the formal and informal punishments were similar to the US. There was social stigmatization that caused an incredible issue for inmates reintegrating back into society. My podcast also presents my interviewers recommendations. The Sister who volunteers at the Waseca Federal Prison recommended shorter prison sentences. The Danish prison guard recommended more effort between the government and society to socialize inmates. The Danish ex-inmate proposed more education, more teachers in the prison and for offenders to meet their victims.”

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

Revelations: March On

March 08, 2015 By: nancy a heitzeg Category: 2014 Mid-term Elections, 2016 Election, Anti-Racism, Civil Rights, Corrupt Judiciary, Corrupt Legislature, Criminal Injustice Series, Government for Good, Intersectionality, Voting Rights, What People are Doing to Change the World

Eyes on the Prize (VI) — Bridge to Freedom, 1965

From the Archives: Where’s the Spirit of Selma Now? by Gay Talese

Fifty Years After Bloody Sunday in Selma, Everything and Nothing Has Changed, The Nation

SHELBY COUNTY, ALABAMA v. HOLDER, ATTORNEY GENERAL, et al.

No. 12-96. Argued February 27, 2013–Decided June 25, 2013

The Voting Rights Act: A Resource Page, Brennan Center for Justice

CI: The Supreme Court and the Shape of Social Movements

February 04, 2015 By: nancy a heitzeg Category: 2012 Election, 2014 Mid-term Elections, 2016 Election, Anti-Racism, Civil Rights, Corrupt Judiciary, Criminal Injustice Series, Government for Good, 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.

 

The Supreme Court and the Shape of Social Movements
by nancy a heitzeg

I spend too much time thinking about the Supreme Court (although one could argue that others do not do so enough), and more now too, in light of recent events. There is a lot that i could say about the insanely unchecked power of nine robed people, their shadowy grip over the entirety of all our legal endeavors,  and the insidious death star that is the Roberts Court – about to knee-cap Obamacare, rule Gay Marriage a state’s right issue, destroy the legal protections against discrimination afforded by  “disparate impact,”  allow states to torture condemned prisoners to death with any old randomly mixed drug cocktail, additionally constrict women’s protections against discrimination in employment and reproductive matters, and ensconce, even further, the flow of corporate “persons” $$$ into all arenas of politics, while simultaneously diluting the votes of real flesh and blood people.

But I won’t.

Instead, a word about the impact of the Supreme Court on social movements. In the midst of Black History Month, screenings of Selma, and current movements against racialized police state violence, we must remember the significance of Brown v the Board of Education, Topeka Kansas (1954). Despite the practical limits of Brown in effecting desegregation or the failure to implement the directives of Brown II, there can be no denying that the ruling – “separate but equal is inherently unequal” – created a over-arching legal framework that emboldened the Civil Rights Movement.

The repudiation, at the Federal last word level, of the Jim Crow machinery set up in Plessy freed the Civil Rights Movement to pursue direct action civil disobedience with the confidence of victory. Certainly, there was the omnipresent risk/reality of brutal police response, extra-legal violence and death. But segregation could now be challenged at the local and state levels — the buses in Montgomery, the lunch counters in Greensboro, the beaches in Florida, everything in Birmingham – with the assurance that should the cases wend their way through the Federal Courts, the protesters would prevail. The highest Court in the land was 9 – 0, unanimously, on their side.

There are no such assurances today. To the contrary. The Roberts Court, in a series of heavily partisan 5-4 decisions, has largely undone the major legislative and judicial achievements of the Civil Rights Era, and dragged us back towards an Ante-Bellum landscape of extreme state’s rights. Read: state’s right to discriminate.

At the inspiring, poignant end of Selma, the teletype across the screen updates us as to the fate of protagonists. But missing is the fate of the signature legislation which resulted from the many bloody sundays, mondays, tuesdays. The Voting Rights Act of 1965 too lies dead – disemboweled by the Roberts Court in Shelby County v Holder (2013). The victory and sacrifice of so many, undone, by mere paper.

All of this is not to discourage the movements of this moment, but rather to say, Know the Terrain. The Supreme Court offers now no umbrella of support for demands of equality, inclusion, protection from State violence. We will not be saved. Our tactics, our strategies, our protests must take account of the current legal landscape. They must be bold imaginative, community-centered, and untethered to any expectation of sanctuary in the courts. They must operate outside the frame.

This is to say too, even to those who eschew electoral politics, keep a close eye on those nine robed judges and to the possibility of who may appoint them. It matters; their decisions shape the space for movements for decades, for generations not yet born, and mean the difference between raw repression and a small bit of breathing room.

And finally, this is to say that progress is not an uninterrupted forward motion, that no victory is guaranteed forever, Whatever we win today, we must be prepared to defend and re-defend without tire. For the long haul.

Onward.

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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