Racial justice

  • May 18, 2016
    Guest Post

    by Ronald S. Sullivan, Jr., Clinical Professor of Law and Faculty Director of the Criminal Justice Institute, Harvard Law School            

    This week the United States Supreme Court will consider the case of Lamondre Tucker, an African-American man who was sentenced to death in 2011―under the banner of the Confederate flag. Tucker was convicted in Caddo Parish, Louisiana, a county that is plagued by racially biased jury selection. One recent study found that African-Americans have been excluded from juries in Caddo Parish at a rate that is three times higher than whites, a practice so insidious that it has earned the nickname “blackstriking.”

    An amicus brief filed by the Charles Hamilton Houston Institute for Race and Justice in Tucker v. Louisiana notes, “Of the twenty death sentences imposed in the modern era by Caddo Parish juries, fifteen were imposed on Black defendants. Of those fifteen, ten were charged with the murder of a white victim. Conversely, no white defendant has ever been sentenced to death in Caddo Parish for killing a Black victim. Taken at face value, these numbers suggest that the badges of the Confederacy adorning the courthouse entrance in Caddo Parish signify more than stale remnants of a bygone era.”

    Unfortunately, Tucker’s case is not an isolated incident. Just last month, Kenneth Fults was executed by the state of Georgia despite being represented by a lawyer known for using racial slurs. Fults, an African-American man, was accused of killing a young white woman. After the trial, one of the jurors reportedly explained, "that n***r got just what should have happened . . . I knew I would vote for the death penalty because that’s what that n***r deserved."

    Duane Buck’s case was equally contaminated by racial bias. Buck, an African-American man, was sentenced to death for a crime that occurred 20 years ago after a defense expert testified that Buck’s race was a relevant predictor of his future dangerousness. The prosecutor subsequently asserted that "the race factor, black, increases the future dangerousness . . ." The Texas jury sentenced Mr. Buck to death based upon the finding that he was likely to be a danger in the future. Mr. Buck has asked the U.S. Supreme Court to review his case.

    In South Carolina, Johnny Bennett had his death sentence reversed by U.S. District Judge Mark Gergel because the prosecutor, Donnie Myers, called Bennett, an African-American man, “King Kong,” a “beast of burden,” and other racist names during his trial. Myers also highlighted the fact that Bennett had a sexual relationship with a “blonde-headed lady” in order to fan the flames of racial prejudice. The state attorney general has, not surprisingly, announced that he is appealing Judge Gergel’s decision.

    Even when offered a chance to correct injustices of the not-so-distant past, many prosecutors cling to racially tainted verdicts. These cases are not relics of the past, they are evidence that racial bias continues to infect the entire capital punishment system.

  • May 2, 2016
    Guest Post

    by Tom Nolan, Associate Professor of Criminology, Merrimack College; 27-year veteran of the Boston Police Department

    The city of Cleveland recently settled a federal wrongful death lawsuit for $6 million with the estate of Tamir Rice, a 12-year-old boy shot to death by Cleveland police officers on November 22, 2014. The shooting death of Rice, along with the deaths of Eric Garner, Sandra Bland, Freddie Gray, Michael Brown, Walter Scott and too many others have led to the incisive interrogation of the police narrative in their use of deadly force, particularly in the shooting deaths of men and women of color. Not all such deaths however, have received the widespread condemnation and exposure that the deaths of Rice, et al. saw, exposure that spawned the Black Lives Matter movement.      

    A journalist from the San Francisco Bay area recently sent me a video taken with a police body camera from a May evening in 2014, looking for analysis, context and commentary. The video showed police officers from the city of Hayward, California as well as officers from the Bay Area Rapid Transit (BART) police attempting to take James Greer, a 46-year-old man of color and grandfather who reportedly weighed 380 pounds, into custody on suspicion of driving under the influence. Hayward police had stopped Greer’s pickup truck and administered a brief field sobriety test before making the decision to arrest Mr. Greer. An officer asked Mr. Greer if he suffered from any medical conditions and he replied that he suffered from a hernia and pointed to the area of his stomach. Greer initially cooperated with officers, but then began offering resistance that can best be described as minimal and perfunctory. As is in keeping with standard police practices that are of late far too frequently captured and memorialized via video, Greer was immediately, violently, and decisively slammed to the pavement—on his stomach.          

    I have seen many of these “police videos” and am frequently sought out for comment and perspective on what is depicted. What I saw in the Hayward police video was one of the most shocking, outrageous, offensive, and noxious examples of police excess that I have ever witnessed—this in a career as a police practitioner, academic, observer, and analyst that dates back to the 1970s.

  • February 12, 2016
    Guest Post

    by J. Mijin Cha, independent policy researcher and analyst; fellow, Cornell University Worker Institute; adjunct professor, Fordham University School of Law

    As the crisis in Flint, Mich., further unfolds, the depths to which officials ignored warning signs and allowed the city’s residents to drink poisoned water are astonishing. Recently released emails show local and state officials knew what was happening much sooner than they let on and were more concerned with shifting blame than fixing the problem. As a result, months went by without residents knowing they were exposed to lead, a toxin that has no safe level of exposure and causes severe developmental and physical disabilities.

    The majority of Flint residents are African American, and nearly 42 percent live in poverty. In contrast, just 14 percent of all residents in Michigan are African American, and the state’s poverty rate is less than half that of Flint. For decades, Flint residents have been exposed to a disproportionate amount of environmental pollution, so much so that residents have filed complaints with the Environmental Protection Agency (EPA) that the amount of pollution they are forced to bear violates their civil rights. The demographics of Flint combined with the city’s disproportionate environmental burden make it a classic case of environmental racism.

    Environmental racism is the disproportionate placing of hazardous waste and polluting industries near communities of color. In addition to several previous studies that found race was the number one factor in the siting of commercial hazardous waste facilities, new research found that communities of color and low-income communities are deliberately targeted for hazardous waste siting. Led by researchers from the University of Michigan and the University of Montana, this study is the first national-level environmental justice study to conduct longitudinal analyses using distance-based methods. The results of the study confirm that race and class determine the siting of hazardous waste sites.

    The residents of Flint are all too familiar with the role that race and class play in locating polluting industries. There are at least 227 environmentally noxious facilities throughout the community. Residents have been fighting against these facilities with little success for decades. In 1994, advocates in Flint filed a Title VI administrative complaint with the EPA against a nearby power plant in Genesee. The EPA, like every federal agency, must abide by Title VI of the 1964 Civil Rights Act and ensure that recipients of federal aid do not discriminate on the basis of race, color or national origin.

  • February 12, 2016

    by Nanya Springer 

    The IRS awarded Karl Rove’s “social welfare” group, Crossroads GPS, tax-exempt status Tuesday, reports Justin Miller at The American Prospect. Groups like Rove’s exploit “the lack of enforcement from the IRS and the Federal Election Commission to give cover to high-dollar donors who want to remain anonymous,” he says.

    Also in The American Prospect, Eliza Newlin Carney investigates the pitfalls of giving political parties the same freedom to raise unrestricted, high-dollar contributions that super PACs and other outside groups currently enjoy.

    In The Atlantic, J. Weston Phippen reports that Officer Peter Liang has been found guilty of manslaughter and official misconduct by a New York jury for the shooting death of Akai Gurley.

    Sara Sternberg Greene at The Marshall Project discusses her forthcoming study that examines why low-income individuals–and low-income African Americans in particular‒mistrust the civil justice system, and the consequences of that mistrust.

    Laura McKenna examines Ill. Gov. Bruce Rauner’s proposal for a state takeover of Chicago’s struggling public school system in The Atlantic.

  • February 12, 2016
    Guest Post

    by Natalia Nazarewicz, Class of 2018, Yale Law School

    “If Flint were rich and mostly white, would Michigan’s state government have responded more quickly and aggressively to complaints about its lead-polluted water?” (New York Times)

    “Was the city neglected because it is mostly black and about 40 percent poor?” (CNN)

    On February 4, the Yale Law School chapter of ACS, in partnership with the Black Law Students Association and the Yale Environmental Law Association, hosted a dinner discussion, “The Flint Water Crisis and Environmental Racism,” to examine the events in Flint, Mich., from a critical race theory perspective. Forty students from the law school, School of Forestry & Environmental Studies, and School of Public Health took part in the conversation.

    Visiting Professor Khiara M. Bridges moderating a discussion on the Flint water crisis and environmental racism

    Visiting Professor Khiara M. Bridges launched a lively, hour-long discussion by putting the Flint water crisis in context: Activists and academics have been aware of a relationship between race, income and risk of exposure to pollutants since the 1970s, and even the Reagan administration knew that environmental hazard sites were predominantly located in nonwhite neighborhoods. Although the link between environmental hazards and race persists even when controlling for poverty, politicians have been loath to acknowledge race as a factor.

    The crisis in Flint happening now is neither new nor unique, Bridges noted. The residents of Chester, Pa., a small city with a low-income African American population, have been in litigation since the 1990s to stop the proliferation of waste treatment plants and other industrial hazards that process toxins from the surrounding, more affluent and white communities. And on the global scale, corporations seeking to avoid U.S. environmental regulations regularly send waste to other countries—largely poor and nonwhite—causing significant health effects and environmental degradation. Looking at such environmental injustice through a critical race theory lens is helpful, Bridges said, as it helps explain how we arrived at a certain point and helps inform our responses to it.

    A number of students highlighted the link between lead exposure in utero or during childhood and subsequent learning disabilities and behavioral problems, concerned that African American children, who already face stereotypes in school as “difficult,” could be hampered for decades through their exposure to Flint’s water. “We need to acknowledge the behavioral and mental effects of lead on the children of Flint as a population-wide structural problem,” Bridges noted, “without individualizing the ‘bad behavior’ onto specific children.”

    Lead poisoning is long-lasting and irreversible, and the effects could be felt in Flint for decades. “This goes beyond the school-to-prison pipeline,” remarked Shannon Prince, JD ’17. “This is like a placenta-to-prison pipeline.”