Category Archives: legal issues

jail cell [JJIE]

For a Kid of Color, Unavoidable Contact With the Cops

By Guest Contributor Alton Pitre, cross-posted from Juvenile Justice Information Exchange

Photo of the author.

I never chose to be raised by my grandmother in a South Central Los Angeles neighborhood filled with injustice, gang violence and police cruelty. This was my home and the kids on the block were my friends, many of whom eventually joined gangs. Being a native of this environment, I have seen many crazy things and have always felt like I was in the midst of a world war. I have countless friends who are either dead, in jail or doing nothing with their lives. Eventually, I became a victim of this society.

My first encounter with the police happened during my sophomore year in high school. I was leaving a childhood friend’s apartment with another friend when suddenly two Community Reform Against Street Hoodlums (CRASH) Officers trespassed and entered. Unfortunately, the friend leaving with me was already on their file as a gang member. Due to my personal photos on Myspace they knew who I was before meeting me face-to-face. I was arrested immediately. As far as I could tell, my crime was being with a friend in the vicinity of where we both grew up.

We were taken to Southwest Police Station and charged with a status offense, in this case trespassing. The police were able to do this because of a gang injunction law placed in my community of L.A. known as the Jungles. Gang injunctions are court-issued restraining orders against a gang that restricts one documented gang member from being with another within a defined geographic area. This allowed the police to summarily arrest any documented gang members who were together in a gang area. We were visiting, not trespassing. After that day gang unit cops harassed me wherever I went.
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After Decades of Spending, Minority Youth Still Overrepresented in Justice System

By Guest Contributor Lisa Chiu, cross-posted from Juvenile Justice Information Exchange

Image by Michael Coghlan via Flickr Creative Commons.

For more than 25 years, the U.S. Department of Justice has given hundreds of millions in grants to states to reduce the overrepresentation of minority youth in the juvenile justice system, yet youth of color still appear in disproportionate numbers in many areas of the system.

According to data from the Office of Juvenile Justice and Delinquency Prevention analyzed by JJIE, black youth between the ages of 10 and 17 made up 17 percent of all children in that age group in 2010, but comprised 31 percent of all juvenile arrests, 40 percent of detentions, 34 percent of adjudications (guilty determinations), and 45 percent of cases transferred to adult criminal court.

The percentage of black arrests and adjudications has actually increased in the last 20 years. In 1990, black youth were 15 percent of the entire youth population, but they made up 27 percent of juvenile arrests, 33 percent of adjudications and 40 percent of detentions. The only area that saw improvement by 2010 was in transfers to adult court, where black youth comprised 49 percent of transfers in 1990.

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Video: Jessica Williams breaks down the Michael Dunn verdict

The Dunn verdict is really the cherry on top of the sh*t sundae that is Black History Month. First, We got assigned February — the month nobody wants, the only month that contains the letters ‘F’ and ‘U.’ And then, in case we didn’t get the message, they round out the month by letting another white guy off for gunning down a Black kid. You do know Black History Month isn’t like deer season or turkey season, right? It’s not the month when you’re allowed to shoot Black people.

Sure, [Jordan Davis and his friends] looked unarmed to us. And to the police, and to the other eyewitnesses. But that’s because we’re not wearing fear goggles. That’s the lens through which chronically terrified white people look at Black kids. Like, say, a guy who carries a gun in his glove compartment and thinks Florida juries favor Black people.

Once you put on fear goggles, you’ll hit anything with a bullet.

Activists Put #DonLemonOn Blast

By Arturo R. García

(Note: Video contains NSFW language toward the end.)

Actually, Cenk Uygur is wrong about one thing: not only is CNN’s Don Lemon aware of the NYPD’s “stop and frisk” program (or, as he insists on calling it, “stop, question and frisk”), but he sued a Tower Records store in 2001 after a security guard allegedly attacked him, thinking he stole a CD player.

But Uygur is correct in noting the alarmist tone in Lemon’s commentary on The Tom Joyner Show on Tuesday. And, it turns out, social activists and the Twitter communities caught that, as well — and brought that to light throughout the day.

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Voices: March For Immigrant Dignity And Respect

By Arturo R. García

About 3,000 people attended the March for Immigrant Dignity and Respect in San Diego, Calif. All pictures by Arturo R. García.

On Saturday, thousands of immigrants and immigration advocates took to the streets across the country for the national March for Immigrant Dignity and Respect, a renewed call for U.S. lawmakers to stop dragging their feet on heavily-promised immigration reform. In San Diego, the event drew at least 3,000 people by police estimates, a mix of religious, labor, education and nursing groups from multiple communities.

In English: “Obama, where is the reform?”

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An Open Letter To Kal Penn On Stop And Frisk

"The Time Machine" PremiereBy Guest Contributor Bridget Todd

Dear Kalpen Suresh Modi,

I’ve been a big fan of yours for some time.

Even though I don’t know you, you always struck me as someone who was thoughtful about race.

When I heard your stage name Kal Penn really came from your wanting to see if white casting directors would be more responsive to “Kal” than to “Kalpeen,” I found it was so hilariously insightful that I couldn’t help but become a fan.

For whatever reason, I assumed you and I were similar. But on Tuesday when you tweeted that you were supportive of Stop and Frisk, I knew we weren’t as similar as I once assumed.

We had a brief back and forth about the policy on twitter, and while I appreciated you taking the time to share your thoughts, 140 characters isn’t enough space to adequately tell you misinformed you really are on Stop and Frisk.

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Quoted: President Obama: ‘Trayvon Martin could have been me 35 years ago’

Partial transcript:

You know, when Trayvon Martin was first shot I said that this could have been my son. Another way of saying that is Trayvon Martin could have been me 35 years ago. And when you think about why, in the African American community at least, there’s a lot of pain around what happened here, I think it’s important to recognize that the African American community is looking at this issue through a set of experiences and a history that doesn’t go away.

There are very few African American men in this country who haven’t had the experience of being followed when they were shopping in a department store. That includes me. There are very few African American men who haven’t had the experience of walking across the street and hearing the locks click on the doors of cars. That happens to me — at least before I was a senator. There are very few African Americans who haven’t had the experience of getting on an elevator and a woman clutching her purse nervously and holding her breath until she had a chance to get off. That happens often.

And I don’t want to exaggerate this, but those sets of experiences inform how the African American community interprets what happened one night in Florida. And it’s inescapable for people to bring those experiences to bear. The African American community is also knowledgeable that there is a history of racial disparities in the application of our criminal laws — everything from the death penalty to enforcement of our drug laws. And that ends up having an impact in terms of how people interpret the case.

Now, this isn’t to say that the African American community is naïve about the fact that African American young men are disproportionately involved in the criminal justice system; that they’re disproportionately both victims and perpetrators of violence. It’s not to make excuses for that fact — although black folks do interpret the reasons for that in a historical context. They understand that some of the violence that takes place in poor black neighborhoods around the country is born out of a very violent past in this country, and that the poverty and dysfunction that we see in those communities can be traced to a very difficult history.

And so the fact that sometimes that’s unacknowledged adds to the frustration. And the fact that a lot of African American boys are painted with a broad brush and the excuse is given, well, there are these statistics out there that show that African American boys are more violent — using that as an excuse to then see sons treated differently causes pain.
- Full transcript available via The White House

Stand Your Ground Increases Racial Bias in “Justifiable Homicide” Trials

Rally for Trayvon Martin at the University of Minnesota. Image courtesy of Fibonacci Blue on Flickr

Rally for Trayvon Martin at the University of Minnesota. Image courtesy of Fibonacci Blue on Flickr

 

By Guest Contributor Lisa Wade, Ph. D.; originally published at Sociological Images

Today a jury found George Zimmerman not guilty of second-degree murder. It is widely argued that Florida’s stand your ground statute, which was considered by the defense, and which Zimmerman previously studied in a criminal litigation course, was at play. The statute allows people to use proportionate force in the face of an attack without first trying to retreat or escape. More than 20 other states have such laws.

At MetroTrends, John Roman and Mitchell Downey report their analysis of 4,650 FBI records of homicides in which a person killed a stranger with a handgun. They conclude that stand your ground “tilts the odds in favor of the shooter.”  In SYG states, 13.6% of homicides were ruled justifiable; in non-SYG states, only 7.2% were deemed such.  This is strong evidence that rulings of justifiable homicide are more likely under stand your ground.

But which homicides?

Ones similar to the one decided in favor of George Zimmerman today.  A finding of “justifiable homicide” is much more common in the case of a white-on-black killing than any other kind including a white and a black person.  At PBS’s request, Roman compared the likelihood of a favorable finding for the defendant in SYG and non SYG cases, consider the races of the people involved.  The data is clear, compared to white-on-white crimes, stand your ground increases the likelihood of a not-guilty finding, but only when a person is accused of killing a black person.

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Notice, however, that white people who kill black people are far more likely to be found not-guilty even in states without SYG and black people who kill whites are less likely to be found not-guilty regardless of state law.

It’s simple: We are already biased in favor of the white defendant and against the black victim. Stand your ground laws give jurors more leeway to give defendants the benefit of the doubt.  This increase even further the chances that a white-on-black homicide will be considered justifiable because jurors will likely give that benefit of the doubt to certain kinds of defendants and not others. Stand your ground may or may not be a good law in theory but, in practice, it increases racial bias in legal outcomes.

It is contested whether stand your ground played a role in this case, Media Matters offersstrong evidence to suggest that it did. Cross-posted at Ms.PolicyMic, and Pacific Standard.

Lisa Wade is a professor of sociology at Occidental College. You can follow her on Twitter andFacebook.