Stopping Police Abuse of Black Men

Eric L. Adams, Brooklyn borough president and a retired New York Police Department captain, has an op-ed in the New York Times that is a must read.  It looks at the ongoing problem of police brutality against black males, many of whom lack the resources to take effective action against abusive police, assuming they survive the encounter.  Just as the police (all of whom were white, by the way) I encountered in Norfolk 10 years ago thought harassing a gay was fine - good sport even - too many police see blacks as targets they can abuse with impunity.  They see them - and in some cases, gays - as "other" and less than human and deserving of abuse.  Some of the comments made by Darren Wilson about Michael Brown exemplify the problem.  What's equally disturbing is the fact that police internal affairs departments seek first and foremost to protect the police officers and care nothing for the rights of the abused citizens.  I learned this truth first hand. Here are op-ed highlights:

I CAN recall it as if it were yesterday: looking into the toilet and seeing blood instead of urine. That was the aftermath of my first police encounter.

As a 15-year-old, living in South Jamaica, Queens, I was arrested on a criminal trespass charge after unlawfully entering and remaining in the home of an acquaintance. Officers took me to the 103rd Precinct — the same precinct where an unarmed Sean Bell was later shot and killed by the police — and brought me into a room in the basement. They kicked me in the groin repeatedly.

For seven days after that, I stared into the toilet bowl in my house at the blood I was urinating. I kept telling myself that if it didn’t clear up by the next day, I would share this shame and embarrassment with my mother, although I could never bring myself to start that conversation.

As I attempted to put that shame and attack on my manhood away, new horror stories kept compelling me to relive those memories: the nightmare experiences of Randolph Evans, Patrick Dorismond, Abner Louima and countless other young men have reminded me of my own secret. Think of all the secrets that young men of color are hiding. How many are concealing some dark truth of the abuse they endured, and what is that darkness doing to them?

In order to finally bring this darkness into the light of day, our nation must address the foundation of this crisis. That starts with acknowledging that the training taught in police academies across the country is not being applied in communities of color. After six months in the police academy, that instruction is effectively wiped out by six days of being taught by veteran cops on the streets.

They started their shift on the defensive, thinking about protecting themselves, as opposed to the communities they served, regardless of the complexion of those communities. One of my white fellow officers once told me that if he saw a white individual with a gun, he took extra care for himself and the individual. When he saw a black individual with a gun, he took care only for himself.

These are the lessons to which I was exposed, and the reality of what policing communities of color has been, not just in New York City but across America. There is a legacy of inequity that did not just appear overnight, but was carved into the culture of law enforcement over decades.

There is reluctance on the part of police leadership, which has long believed in the nightstick and quick-trigger-finger justice, to effectively deal with officers who have documented and substantiated records of abuse. These individuals need to be removed from the force. That is an essential component of the larger response we must have to address this history of abuse.

We cannot continue to approach policing in an antiquated fashion, and that certainly includes technology. Technology has been used as a crime-fighting tactic, but not as a tool to determine what happens during a police action. New York City has taken the right step in putting body cameras on police officers, but what about cameras on guns themselves?

Equally important, especially in the wake of what has taken place after the deaths of Michael Brown and Eric Garner, is reform to our grand jury system. Grand juries were established in England in the 12th and 13th centuries, a vestige of a time when people needed to be protected from unfair prosecution from the king and others. There was a necessary element of secrecy — one that need not apply in cases involving police misconduct.

Open, preliminary hearings in court can and should determine if a case should be stepped up to a trial. Additionally, the handling of police shootings should be wholly separated from local grand juries. These bodies cannot handle cases involving local police officers on whom they rely every day.

Special grand juries should be convened for police-related incidents, and independent agencies must gather evidence even before they convene, at the time of police encounters where a death has occurred  . . .

All of these ideas need to be moved forward under the leadership of our president, our governors, the mayors of our major cities and our law enforcement leadership. If we fail to take advantage of this moment that history has laid on our doorstep, we are doomed to more abuse, more division and more chaos.

When my son was 15, he was stopped by the police in a movie theater for no apparent reason. He showed his ID and explained that his father was a retired police captain and a state senator. The response was “So what?” It doesn’t and shouldn’t matter who he is. He shouldn’t have had that experience at all. And until that changes, for all men of color, real reform will never come.

I have a good friend who is black and in local law enforcement and even he has said that when he is out of uniform he worries about what could happen to him because of his skin color should he encounter the wrong police officers, especially late at night.  That is very frightening. 

Is The Justice System Rigged Against Young Black Men?

In the wake of the verdict in the George Zimmerman trial there will be much talk about the defects in America's criminal justice system - much of it well deserved criticism.  It is a conversation that needs to occur because things are indeed rotten.  White heterosexuals get a very different treatment that do others.  We gays have our problems with homophobic judges and homophobic police, but no one faces more likelihood of arrest and criminal prosecution than young black men in America.  Too man white Americans see young blacks and automatically assume that they are would be burglars or criminals (we have neighbors who sadly have this mindset).  Think Progress has some data that is very disturbing.  Here are excerpts:

Although a Florida jury found Zimmerman not guilty, his attitude — that a young black male is an object suspicion and contempt — not only cost Martin his life but has infected the entire United States criminal justice system.  Law Professor Michellle Alexander makes the point powerfully:

It is the Zimmerman mindset that must be found guilty – far more than the man himself. It is a mindset that views black men and boys as nothing but a threat, good for nothing, up to no good no matter who they are or what they are doing. It is the Zimmerman mindset that has birthed a penal system unprecedented in world history, and relegated millions to a permanent undercaste.

The statistics back up Alexander’s point. Minorities, especially the six million young black men in America, get much worse outcomes from the criminal justice system for the same conduct:

1. A black male born in 2001 has a 32% chance of spending some portion of his life in prison. A white male born the same year has just a 6% chance. [Sentencing Project]

2. In major American cities, as many as 80% of young African-American men have criminal records. [Michelle Alexander, The New Jim Crow]

3. African-Americans who use drugs are more than four times as likely to be incarcerated than whites who use drugs. African Americans constitute 14% of the population and 14% of monthly drug users. But African-Americans respresent 34% of those arrested for a drug offense and 53% of those sentenced to prison for a drug offense. [American Bar Association]

4. In seven states, African Americans constitute 80% or more of all drug offenders sent to prison. [Michelle Alexander, The New Jim Crow]

5. Black students are three and a half times as likely to be suspended or expelled than their white peers. One in five black boys recieve an out-of-school suspension. Education Secretary Arne Duncan who commissioned the study, said “The undeniable truth is that the everyday education experience for too many students of color violates the principle of equity at the heart of the American promise.” [New York Times]

6. Black youth who are referred to juvenile court are much more likely to be detained, referred to adult court or end up in adult prison than their white counterparts. Blacks represented 28% of juvenile arrests, 30% of referrals to juvenile court, 37% of the detained population, 35% of youth judicially waived to criminal court and 58% of youth admitted to state adult prison. [National Council on Crime And Deliquency]

7. The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid. [Michelle Alexander, The New Jim Crow]

Those who claim that America is now a post-racial society are obviously sticking their heads in the sand.  We all ought to be ashamed that so many lives are being written off and condemned to an underclass status.

Quote of the Day - The Tragedy Of Trayvon

Yes, the picture is graphic, but this is what murder looks like

Among all of our friends that we socialized with today, not a one was pleased with the verdict in the George Zimmerman trial.  Many hoped that Zimmerman would be hit with a successful civil lawsuit and some expected that no one outside of Teabagistan would ever hire him and expose their business to adverse consequences.  But to me, the message is clear: the South has changed far less than many would like to believe, especially on issues of race.  Bigotry is rampant - here in Virginia, white Republicans are pushing for voter ID laws to disenfranchise blacks and other non-whites, and favor "stand your ground" laws.  Andrew Sullivan summed things up well:

I found the way in which many elements on the right brandished their relish at seeing Zimmerman vindicated was more repellent than the identity politics faction that politicized the case. A young black man was dead, after he was clearly racially profiled, followed and challenged. Those facts alone should, in my view, lead to nothing but sadness, not a gleeful turn on the racial merry-go-round.

I didn’t follow the trial that closely largely because of that. There’s no way any of us can know precisely what happened in that violent interaction, except that Zimmerman clearly made a decision that led directly to it. But when an all-white jury in America finds a “white” man innocent of killing an unarmed black man, the resonances are simply undeniable.

The “stand-your-ground” law – when it interacts with race – can come perilously close to a return to the right to lynch black men in America- for being be in the wrong place at the wrong time, for doing nothing wrong, except wearing a hoodie and carrying some Skittles. Perhaps the best way to react now is to raise awareness about these laws that all but sanction murder because in a one-on-one conflict, in which there are no reliable witnesses and in which one of the individuals is dead, reasonable doubt is a very hard hurdle to overcome. This verdict may give some racist vigilantes encouragement to single out and murder black men with a sense of impunity. That is simply unacceptable, to put it mildly. It is a terrifying reminder of how the past can become present again.

Today is not a day that I am proud to be an American or a Southerner.  Some say we need to respect the verdict of the jury.  I'm not one of them.  Having practiced law for over 35 years, miscarriages of justice are the norm in our legal system - especially if one is a minority of any form.

Zimmerman Acquitted on All Charges

Incredibly, George Zimmerman was acquitted on all charges, even the lesser manslaughter charge, confirming once again that minorities in this country all too often do not get justice.  Yes, the prosecution did a poor job with the case in my opinion, but Zimmerman's story line never, ever made sense, especially when he had been told by the authorities to get in his vehicle and leave.  The clear message to blacks, Hispanics and others (including gays based on my experience with homophobic judges) is that they/we are second class citizens and our lives are given less value that those of white heterosexuals.   Huffington Post looks at this travesty.  Here are highlights:

After deliberating for more than 16 hours, a jury of six women on Saturday evening found George Zimmerman not guilty in the shooting death of Trayvon Martin, an unarmed 17-year-old in Sanford, Florida.

The prosecution argued that Zimmerman had profiled Martin, deeming him "suspicious," as indicated by Zimmerman's description of the teen to the non-emergency hotline he called for police assistance. The prosecution said that he then stalked Martin, initiating an unnecessary confrontation that led to his shooting the 17-year-old in the chest at point-blank range.

As Think Progress notes, ultimately Florida's ridiculous "Stand Your Ground Law" - a law championed by the NRA and far right gun owners - and the mentality behind it set the stage for allowing Zimmerman to literally get away with murder.  Is suspect that Trayvon Martin will not be the last person to be murdered and have his killer walk away free:

On the night of the killing, Zimmerman walked free thanks to a law called ‘Stand Your Ground,’ based on model legislation peddled around the country by the conservative legislation-crafting American Legislative Exchange Council (ALEC). While Zimmerman ultimately did not use that defense in court, it’s instructive to know that, in Florida, 70 percent of people who invoke ‘Stand Your Ground’ walk away without charges.