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The current events surrounding racism & mass incarceration

1. because of our history, our current political and social sytems are fraught with racism



In America, the War on Drugs followed by Tough on Crime politics has led to the highest incarceration rates in all of world history. The US has only 5% of the world’s population but 25% of the world’s prisoners.¹ Today there are 2.3 million people in correctional facilities as well as 3.6 million people on probation and another 840,000 people on parole.² This is approximately a 1000% increase from the less than 200,000 people in jail before the War on Drugs started.³ People of color and people suffering from poverty are disproportionately jailed and incarcerated. 40% of the prison population and only 13% of the US population is African-American. This disparity is caused by over policing in urban communities of color, racial profiling, and centuries of ingrained racism in America.

Black Lives Matter Protest on Nov. 10 2015

2. Racial Profiling



Racial profiling is the use of race or ethnicity as grounds for suspecting someone of having committed an offense. Given the racist history of our country, racial profiling is an unfortunately common tool used by law enforcement as well as ordinary citizens to inflict undue harm on people of color. Racial profiling has led to unwarranted stop and frisks, drug raids on innocent people, and in many cases, death.

In 2014 Tamir Rice was shot and killed at the age of twelve while playing with a fake gun in a park. The person who called 911 to report Tamir, said he was a black man holding a gun, later stating that he could be a juvenile and that the gun could be fake. By the time the officers received the dispatch all they were told was that there was a black man pointing a gun at people in a park. Upon their arrival they shot and killed Tamir within two seconds, barely taking anytime to realize how young Tamir was or to better understand the situation. Do you think the situation would have turned out differently had Tamir been a twelve year old white boy? Neither of the officers involved in the shooting were convicted of any crime and following a short administrative leave, returned to their jobs.

I wish I could say Tamir was the only innocent African-American murdered by police officers. However, in 2018 alone 996 people were shot and killed by the police 30% of whom were black. African-Americans were shot and killed at a rate 3 times more than white people. Out of all the African-Americans killed by police almost 70% were non-violent, unarmed and not suspected of violent criminal activities. People of color who were killed by police officers were much younger than white people as well as much less likely to be armed or dangerous. In 2015 a study found that 99% of fatal shootings involving an unarmed black person and a white police officer did not result in criminal convictions.

In poor urban neighborhoods across the United states, black and brown boys routinely have multiple encounters with the police. Even though many of these children have done nothing wrong, they are targeted by police, presumed guilty, and suspected by law enforcement of being dangerous or engaged in criminal activity.”

-Bryan Stevenson

Aiyana Stanley-Jones, 7, Detroit MI

Tamir Rice, 12, Cleveland OH.

Trayvon Martin, 17, Sanford FL

Laquan McDonald, 17, Chicago IL

Willie McCoy, 20, Vallejo CA

Kendra James, 21, Portland OR

Emantic “EJ” Fitzgerald Bradford Jr, 21, Alabama GA

Rekia Boyd, 22, Chicago IL

Jemel Roberson, 26, Oak Lawn IL

Botham Shem Jean, 26, Dallas TX

Tarika Wilson, 28, Lima OH

Shereese Francis, 29, Queens NY

Tanisha Anderson, 37, Cleveland OH

Eric Garner, 43, Staten Island NY

Jason Washington, 45 Portland OR

3. Racial Profiling Everyday



While we normally hear about violent racial profiling in the news, non-violent racial profiling happens everyday. Many African-Americans are constantly suspected of committing crimes or being likely to commit crimes which leads to many unnecessary 911 calls. While Oregon State Representative Janelle Bynum, an African American woman, was campaigning door to door in a Clackamas County neighborhood before the 2018 midterm elections, a white woman in the neighborhood called 911 to report her. The caller was concerned by Bynum’s behavior and she reported to the 911 operator that Bynum was going door to door and spending a lot of time typing on her cell phone. Bynum was using her cellphone to take notes on what her constituents wanted to see from her before her next election. The caller made no attempt to speak with Bynum and did not answer the door when Bynum came to her house before she called 911. Thankfully the officer who responded to the call was very professional and the situation resolved smoothly with the caller later apologizing for the unnecessary call. The white woman had every opportunity to speak with Bynum and find out what she was doing, however, she chose to call 911 on an unarmed, non-violent, professionally dressed black woman.

Bryan Stevenson, a death row lawyer and author of the New York Times bestseller Just Mercy, was also racially profiled by his neighbors. Stevenson had just finished a very late night at his office in Atlanta and pulled up to his Midtown Atlanta apartment. One of his favorite stations was playing on the radio, so he decided to sit in the car and listen for a little while longer. Fifteen minutes later a SWAT car pulled up twenty feet from Stevenson and two officers dressed in military gear got out. Stevenson decided to get out of his vehicle to go into his house but as soon as he opened the car door one of the officers drew his gun, pointing it at Stevenson and he said “Move and I’ll blow your head off!” Stevenson managed to stay calm throughout the situation even while he was subjected to an unwarranted frisk as well as car search. When the SWAT officers could not find anything criminal about Stevenson they let him go without a word of apology. Had Stevenson tried to run he surely would have died just because a neighbor racially profiled him and called the cops.

To many white people, myself included, these stories sound absurd. We could never imagine having the cops called on us for sitting in our car outside of our house or for walking through a neighborhood canvassing for re-election, but this is the truth of racial profiling. Traffic stops are another example of everyday racial profiling. Officers are more likely to pull over African Americans than either white or hispanic people. The outcome of traffic stops also show racial bias

“For example, when pulled over for speeding, black drivers are 20% more likely to get a ticket (rather than a warning) than white drivers, and Hispanic drivers are 30% more likely to be ticketed than white drivers. Black and Hispanic motorists are about twice as likely to be searched compared to white drivers.”¹⁰

Unfortunately this form of racial profiling has actually been approved by the Supreme Court in United States vs Brignoni-Ponce. This case concluded that race could be used as factor in deciding which motorists should be stopped. This particular case had the greatest impact on Mexican Americans as the ruling was about racially profiling in order to find undocumented immigrants. “The Court said that ‘the likelihood that any person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor.’ ” The idea that the US Supreme Court upholds the idea that it is okay to racial profile people is extremely unnerving given how many African-Americans die each year because they were incorrectly racially profiled, it is also further proof that the US is inherently a white supremacist nation.¹¹

While the majority of officers may be good, the system of policing is bigger than the individual, and the system may subvert even the best officer’s intentions.”

-Ken Wytsma ¹²

A class being taught in a US federal prison

4. Life after prison



We are taught that if a US citizen commits a crime they are given a just sentence to serve to make amends for their crime. After paying their debt to society through their time served in prison on probation or on parole, they are allowed back into the world to start anew. However, the system does not forgive so easily. Once a person has been convicted of a felony their life changes forever regardless of their crime, the time they served, community service they did, or even if they were wrongful convicted.

Once a person is labeled a felon, he or she is ushered into a parallel universe in which discrimination, stigma, and exclusion are perfectly legal, and privileges of citizenship such as voting and jury service are off-limits.”

-Michelle Alexander¹³

Felonies, especially those for drug convictions, mean that people are no longer allowed access to public housing or food stamps, employers are also allowed to discriminate against people with felonies even after they have served their time. Checking the box that indicates a felony on a job application is almost a guarantee that you will not get hired.¹⁴

The harsh reality following a felony conviction makes life especially hard on single mothers in poverty. The majority of women in jail or prison are there for minor drug convictions or property crimes and 80% of women in prison are mothers with minor children¹⁵Due to a welfare reform legislation, states are allowed to ban public health benefits and welfare from people with drug convictions. When a woman is released after something as simple as possession of any form or amount of drugs she will no longer be able to receive any government support to take care of her children or to gain the necessary medical attention to recover from her drug addiction. Due to harsh sentencing laws and mandatory minimum sentencing, women can be incarcerated for decades for simple non violent offences. Bryan Stevenson met a women serving over ten years in prison for writing five bad checks to purchase christmas presents for her children and this story was not an anomaly.¹⁶

The legal discrimination against people with felony charges makes re-integrating as a beneficial member of society nearly impossible.

“According to a Bureau of Justice Statistics study, about 30 percent of released prisoners in its sample were rearrested within six months of release. Within three years, nearly 68 percent were rearrested at least once for a new offence.”¹⁷

The majority of people who exit prison are left back in the exact same situation as they were before, more often worse off, and highly likely to make their way back to jail.

5. Racial Wealth Gap



Today there is a dramatic racial wealth gap caused by centuries of slavery and oppression. Projections for the year 2020 determined that

“the median white household will own 86 times more wealth than its black counterpart, and 68 times more wealth than its Latino one.”¹⁸

The wealth gap has promoted increased incarceration of people of color because of legal fees imposed on everyone who enters the criminal justice system. Today, 63% of people held in jails are unconvicted and awaiting trial because they cannot afford to pay bail. Without the ability to pay for a lawyer this also means that people can remain in jail any period of time from months to years while awaiting a state appointed lawyer. During this time people can lose their jobs, and miss payments or bills causing them to potentially lose their housing and incur thousands of dollars in fees for their own detention.¹⁹

“The criminal justice system punishes poverty, beginning with the high price of money bail: The median felony bail bond amount ($10,000) is the equivalent of 8 months’ income for the typical detained defendant. As a result, people with low incomes are more likely to face the harms of pretrial detention. Poverty is not only a predictor of incarceration; it is also frequently the outcome, as a criminal record and time spent in prison destroys wealth, creates debt, and decimates job opportunities.” ²⁰

Due to the inadequate legal system

“tens of thousands of poor people go to jail every year without ever talking to a lawyer.”-Michelle Alexander²¹

Those who are able to meet with a lawyer rarely have more than a few minutes to spend discussing options that will forever change the trajectory of their lives.

Approximately 80 percent of criminal defendants are indigent and thus unable to hire a lawyer.”


-Michelle Alexander²²

In some states individuals are required to pay for their own lawyer which is simply impossible for many people making below middle-class income. When people are unable to pay for lawyers or defense attorneys their court dates are rarely set in a timely manner leaving innocent (according to the Presumption of Innocence) behind bars for years.

“One extreme example is the experience of James Thomas, an impoverished day laborer in Baton Rouge, Louisiana, who was charged with murder in 1996.” Thomas spent eight and a half years awaiting trial until “his mother finally succeeded in getting his case dismissed, after scraping together $500 to hire an attorney, who demonstrated to the court that, in the time Thomas spent waiting for his case to go to trial, his alibi witness had died of kidney disease”
-Michelle Alexander²³

Plea bargains are a commonly used tool to pressure poor people into pleading guilty. Because poor people are rarely given an adequate defense attorney there is very little reason to believe they could receive a fair trial. By accepting a plea bargain they guarantee a shorter sentence than what they would likely get if they go to trial even if they are innocent.

Never before in our history, though, have such an extraordinary number of people felt compelled to plead guilty, even when they are innocent, simply because the punishment for the minor, nonviolent offense with which they have been charged is so unbelievably severe.”

-Michelle Alexander²⁴

Demonstrators at a march against racially disproportionate policing in New York City on Jun. 17 2012.
NYC action in solidarity with Ferguson. Mo, encouraging a boycott of Black Friday Consumerism on Nov. 28 2014.

6. Where we go from here



Many people quote MLK’s famous saying “Darkness cannot drive out hate, only love can do that.” Taken out of context this quote is great sentiment to live by, but when we put it in with the whole statement from MLK we see that he was actually talking about the way the criminal justice system deals with crime and punishment. As we have learned, the criminal justice system today locks up people convicted of crimes and gives them no hope of redemption. We punish criminal action with violence, discrimination and dehumanization. This is an anti-Biblical and so far unsuccessful way to deal with crime. As MLK said

“The ultimate weakness of violence is that it is a descending spiral, begetting the very thing it seeks to destroy. Instead of diminishing evil, it multiplies it... Returning violence for violence multiplies violence, adding deeper darkness to a night already devoid of stars. Darkness cannot drive out hate; only love can do that.”
-Martin Luther King Jr²⁵

When we look at how the Bible carries out justice we see a very different approach. God’s justice is restorative. Instead of casting the offender out of society God welcomes them back in with his divine grace and forgiveness. The Bible states that all have sinned and thus fallen short of the glory of God. If God treated us like we treat people convicted of crime, we would all be sent to burn in the eternal fire of hell. What we actually see though, is God’s great aptitude for forgiveness through sacrificing himself to atone for our sins. In His life, Jesus carried out God’s restorative justice, spending his time with people cast out of society, labeled as “untouchable” or criminal. We see clearly God’s restorative justice in the story of Zacchaeus. Zacchaeus was a wealthy tax collector who made himself rich by exploiting his fellow Jews forcing them into poverty. Zacchaeus was cast out of Jewish society for his criminal actions against them, which is why he was forced to climb a tree in order to see Jesus. Instead of punishing Zacchaeus and sending him to prison, Jesus stays with Zacchaeus, he forms a relationship with him and through their relationship, he restores Zacchaeus’ relationship with the community. Zacchaeus repents of his sins turning from his greed and giving four times the amount of money he stole back to the victims. By forming a relationship instead of punishing Zacchaeus Jesus simultaneously healed Zacchaeus and restored the community that Zacchaeus had exploited.

for all have sinned and fall short of the glory of God, and all are justified freely by his grace through the redemption that came by Christ Jesus. God presented Christ as a sacrifice of atonement, through the shedding of his blood—to be received by faith. He did this to demonstrate his righteousness, because in his forbearance he had left the sins committed beforehand unpunished—he did it to demonstrate his righteousness at the present time, so as to be just and the one who justifies those who have faith in Jesus.”

-Romans 3:23-31

We must understand that we too have sinned and are worthy of God’s wrath. Instead, he has forgiven us. He has restored our relationship with him and given us new life. As his children we must extend the same forgiveness and love to our fellow sinners. It is God alone who judges the people of the earth. We are called only to love, to forgive, and to be with those in prison, those who are in poverty, those who are sick. In no way does the Bible support us sending people away to be forever controlled by a system of punishment. Justice is a divine act to be carried out by God alone. We cannot call ourselves Christians and be silent about the system of punishment that continuously oppresses people of color. We must advocate for “the least of these.”

“while God’s story sometimes includes punishment, isolation, and harsh consequences, God’s justice moves toward restoration, reintegration, and redemption. God’s justice is inherently connected to healing the harmed, restoring what has been lost, and reconciling those who are estranged from God and community. God’s heart and justice are inherently restorative”
-Dominique DuBois Gilliard 25

 

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