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Op-Ed

Justice is not Blind

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Julianne Malveaux

By Julianne Malveaux
NNPA Columnist

 

When racist attitudes, either conscious or subconscious, are combined with the discretionary powers that law enforcement officers have, the result is a differential outcome, with African Americans more likely to be the targets of “blind justice.”

Most of our politicians and leaders are exploiting subconscious racism, and pandering to explicit racial fears. Even worse, they are rewarded when they say they are “tough on crime.”

Soledad O’Brien documented some of these attitudes in her most recent “Black In America” series. Included was an interview with a young Black man was stopped more than 100 times as he stood outside his college. Of course, he’d done nothing wrong, but police officers, “doing their duty,” felt free to harass him.

In a more telling segment, two young men, one Black and one White, staged the “stealing” of a bike to show how members of the public responded to watching the apparent theft. The young men were dressed similarly – T-shirts, casual pants, caps. People walked by as the White guy did everything he could to break the lock on the bike, including using a chain cutter. One even offered to help him take “his” bike, even though he acknowledged it was not his.

Within moments of the Black man approaching the bike, White people, one or two of whom called 911, surrounded him. As opposed to the benign response the White guy got, the Black guy was simply assumed to be a criminal.

How does this play out on the streets and with officers of the law? Police officers use their discretion selectively. A Black man (Eric Garner) selling loose cigarettes is manhandled, arrested, and dies when he is choked and cannot breathe. Most have seen the video by now, and wonder why Daniel Pantaleo was not charged with any crime, even though he used an illegal chokehold on Garner.

Pantaleo could have told Garner to move on, or he would risk arrest. Instead, Pantaleo and his posse of lawless cowboys chose to kill the man. Would a White man be similarly treated, or did unconscious racism play into the callous way Eric Garner was treated?

During the late 1990s, Mayor Rudy Giuliani’s “stop and frisk” policies resulted in African American men being stopped more than five times as frequently as Caucasians, even though these frisks led to nothing more than the humiliation of Black men, some simply coming off the subway or walking down the street. Hispanic men were stopped about three times as often as Caucasians. White men were stopped and frisked less frequently than others. Unconscious racism? Discretion? The law sanctions both.

Stop and frisk incidents increased dramatically with no concomitant increase in crime. However, since New York Mayor Bill Blasio took office, the number of stop and frisk incidents has dropped by almost three quarters, again with no increase in crime. It appears that whether stop and frisk occurrences are aggressive or gentle; the incidence of crime does not increase.

There are many occurrences where police can make discretionary decisions. First, they can decide whom to stop. Then, when they stop they don’t have to arrest or frisk. A simple conversation that explains the reason for the stop will yield a more favorable outcome than wrestling someone to the ground, knee in his or her back, or handcuffing someone without explaining why.

Police resistance to the use of body cameras suggests these officers know that they are out of order in dealing with the public. Once someone is arrested, the police have the right to charge him or her with a minor crime or let them go. Finally, prosecutors can decline to bring charges. All of these decisions can be minimized or maximized, based on discretion.

Justice is not blind when police officers use discretion to stop one segment of the population to harshly mistreat and let the other population slide. If police officers wonder why there is antipathy and distrust toward them in the African American community, somebody needs to tell them that their use of discretion suggests that justice is hardly blind.

 

Julianne Malveaux is author and economist. She can be reached at www.juliannemalveaux.com.

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History

The Black Press: Our Trusted Messenger

Our Black newspapers are now celebrating 194 years of being the keeper of the flame of liberty and the source of information in “our” struggle for freedom and equality.

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Cover of the Oakland Post

Sometimes it’s necessary to be reminded who we are and who our friends are.  It’s also important to remember from whence we have come. 

Such is the case this week with the Black Press. Our Black newspapers are now celebrating 194 years of being the keeper of the flame of liberty and the source of information in “our” struggle for freedom and equality.

With the advent of the recent pandemic and the visible disparity of Blacks dying at greater numbers than others, getting fewer vaccines, working in the highest risk occupations and death at the hands of law enforcement, our need for a “trusted” source of information is greater than social media, which has become an alternative for many.

 At the same time, the interest in reaching our communities has increased on all levels. The question has become “who is in touch with the Black community” as injustice, murder and social disparity continues to grow among Blacks. 

The NAACP and the Urban League gave the impression that they were in touch with the Black community. But the reality is neither organization has ever been in touch with the Black community without the Black Press.  It is Black newspapers and not CNN, ABC, NBC or CBS that carries the articles and commentaries of these organizations to the Black community. 

Yet, neither of these organizations ever mentions the Black Press when taking both credit and dollars for outreach to the Black community.

The African American and Black communities of America should not be duped into believing that social media has become a substitute for the Black Press. The Black Press is now both print and electronic, it’s a newswire service as provided by the National Newspaper Publishers Association (NNPA), providing coverage of both news here in America and around the world.

 It is the Black Press that has been the “Trusted Messenger” to our communities for 194 years, and that says a lot. Our newspapers are the rear guard, the battle ground against the efforts to resegregate America and return to “Jim Crow” racism.

As we celebrate Juneteenth, let us remember that we are not only free but capable of defending and determining our futures if we get serious. Let’s remember how we got here, on the backs of those like the Black Press who bought us thus far; let us not forget in the words of James Weldon Johnson: that “ we have come over a way that with tears has been watered, treading our path through the blood of the slaughtered.” We are still being slaughtered today by others as well as each other.

Let’s remember who is truly telling our story and our obligation to keep and support that effort. Pick up a Black newspaper and get involved. You owe that and more to keeping the Juneteenth principle of freedom alive today.

Editor-in-Chief note:  The Post News Group consists of nine newspapers:  Oakland, South County, San Francisco, Vallejo, Marin, Stockton, Richmond, Berkeley Tri-City and El Mundo.  We are also online at postnewsgroup.com.

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Black History

Juneteenth: Our Independence Day

Also known as Emancipation Day or Freedom Day, it commemorates the end of slavery, the seminal event in Black history.

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Graphic courtesy istock.

June 19, or Juneteenth, is independence day for many Americans of African descent.

Also known as Emancipation Day or Freedom Day, it commemorates the end of slavery, the seminal event in Black history.

President Abraham Lincoln’s Emancipation Proclamation took effect on Jan. 1, 1863, but was read to slaves in Galveston, Texas, on June 19, 1865, more than two years later.

There are several different accounts of why the news of freedom took so long to arrive.

One story has it that slaves were intentionally kept ignorant about their freedom in order to allow crops to continue being harvested. Another has a messenger traveling by mule to deliver the news, and it simply took more than two years to arrive from Washington, D.C., to Texas. Yet another story has the messenger being murdered before he could deliver the message.

No matter the origin of Juneteenth, the end of slavery is definitely worth celebrating. But while much has happened in the 158 years since slavery officially ended, its legacies still remain in the form of disparate salaries, educational levels and incarceration rates.

Juneteenth, which is now observed in 48 states (North Dakota and Hawaii do not observe)  and the District of Columbia, is a time to take stock of our progress — and of the work that remains.

Last year, during the pandemic our current vice president and former senator, Kamala Harris, said:  “[m]y message on this Juneteenth:  may we honor those who suffered, died and survived the crushing reality of slavery by looking to the future.”

Twelve years ago President Barack Obama said: “African Americans helped to build our nation brick by brick and have contributed to her growth in every way, even when rights and liberties were denied to them.”

We’re still building it.

In 2021, as our state opens up post-pandemic and we deal with racial reckoning as we never have before  #BlackLivesMatter is becoming a reality. 

This year is truly our Independence Day.

Happy Juneteenth.

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Community

Closing Youth Prisons Is Not Enough

But without a plan to invest in and institute a restorative justice framework, most of that money might find its way back into local youth jails rather than into treatment and rehabilitation.

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Ella Baker Center staff and members attend a Books Not Bars rally in Sacramento advocating to close youth prisons in California. Courtesy of the Ella Baker Center for Human Rights.

COMMENTARY

As a parent who was involved in the juvenile system as a teenager, I know too well that children who are struggling should never be incarcerated and treated like criminals. 

Instead, they should be cared for as young people in need of restorative help. This May, dedicated as National Mental Health Awareness Month, was the perfect opportunity to embrace human rights and racial justice by moving from a carceral system of punishment to a community-based health system of restorative care.

“We have a system in place that is not really focused on rehabilitation,” Los Angeles State Senator Sydney Kamlager told CalMatters in January. Unlike some states, we have not had a governing body in California to oversee trauma-responsive, culturally informed services for youth–the majority of whom are youth of color–in the juvenile justice system.

Fortunately, we in California finally have a chance to make a change. California Senate Bill 823, signed by Gov. Newsom last December, shuts down California’s Division of Juvenile Justice (DJJ) and redirects millions of dollars to counties to provide care and resources for young people. But without a plan to invest in and institute a restorative justice framework, most of that money might find its way back into local youth jails rather than into treatment and rehabilitation.

Sonya Abbott and her son Anthony Johnson can attest that a transformation is long overdue. When Anthony was 16, Sonya found a bag of Xanax in his back pocket. Believing that he intended to sell the drugs, she made the difficult decision to turn him in. At the time, she viewed her decision as a way to save her son’s life, and the lives of others.  Now she says, “I feel like it just made things worse.”

As is too often the case, Anthony was cycled through a number of ineffective programs and has been shuttled back and forth among several facilities. When the COVID-19 pandemic hit and the DJJ went into lockdown, Anthony was at the N.A. Chaderjian Youth Correctional Facility in San Joaquin County. Feeling lonely and depressed because of the isolation, Anthony asked for extra counseling.

“They refused to give it to me. They laughed at me,” Anthony says.

 Anthony attempted suicide roughly two days later. He remembers a Chaderjian staff member witnessing his suicide attempt and saying, “You’re not doing it right, I’ll call this one in later,” then walking away. Afterward, Anthony was kept in the medical unit for a month, locked in a room for 23 hours a day, without any counseling or companionship.

Throughout all of this, the DJJ did not inform Abbott of her son’s suicide attempt, nor his consequent transfer to Patton State Hospital. After Anthony missed a scheduled Skype visit, Abbott had to call every juvenile facility in California to locate him, and only then learned that he had tried to take his own life. He remains at Patton today.

Statistics show that suicide and suicide attempts are too common. According to a 2014 report from the Office of Juvenile Justice and Delinquency Protection, “11% of the youth (in the juvenile justice system) had attempted suicide at least once,” far exceeding the percentage  in the general population.

Nor are the dangers of youth incarceration justified by the outcomes. A 2015 study from the University of Washington, observed that, “juvenile incarceration is not only ineffective at reducing criminal behavior,” but that those who were incarcerated in their youth were more likely to suffer negative consequences in every aspect of their adult lives.

Abbott describes Anthony as a good kid who just got himself a little lost. “I don’t understand why there’s no resources for these kids,” she says. “They are just locked up and forgotten. I can’t let my kid be one of their victims.”

We now have an unprecedented opportunity to chart a new direction. Part of SB 823 creates Juvenile Justice Coordinating Councils (JJCC) in each of our 58 California counties, bringing together experts and constituents like Abbott and Anthony, whose lives have intersected with the juvenile justice system. 

These new councils will help guide how the millions of dollars in new state funding can best be deployed to provide a continuum of care. To inform that process, youth advocates have been working to implement a community vision of care to replace the old carceral model that has failed so many of our most vulnerable young people of color.

Advocates are also pushing the state to properly resource the new department within Health and Human Services (HHS) that will provide oversight for the new system. The proposed budget is a woefully inadequate $3 million; Assemblymember Cristina Garcia and state Senator Maria Elena Durazo, joined by the California Alliance for Youth and Community Justice and members of the Free Our Kids Coalition, are pushing for a larger allocation to help scale up community-based interventions by local groups. 

If a community system rooted in healing had already been in place, Sonya Abbott and Anthony might have received the help they really needed. We can do better for our kids and our communities.

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