THE INTERSECTION | MADNESS & REALITY » Prison Industrial Complex http://www.rippdemup.com It's like a jungle sometimes it makes me wonder... Sun, 22 Jul 2012 23:33:35 +0000 en hourly 1 Raul Rodriguez Found Guilty, Jury Rejects “Stand Your Ground” Defense http://www.rippdemup.com/2012/06/raul-rodriguez-found-guilty-jury-rejects-stand-your-ground-defense/ http://www.rippdemup.com/2012/06/raul-rodriguez-found-guilty-jury-rejects-stand-your-ground-defense/#comments Sat, 16 Jun 2012 23:41:16 +0000 Rippa http://www.rippdemup.com/?p=6605

Last week I introduced readers to Raul Rodriguez, who was then at the time on trial for murder. Rodriguez was on trial for the shooting death of his neighbor after a confrontation over loud music being played at the neighbor’s house. Unlike the “stand your ground” cases being discussed as of late, Rodriguez’s shooting was [...]

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Last week I introduced readers to Raul Rodriguez, who was then at the time on trial for murder. Rodriguez was on trial for the shooting death of his neighbor after a confrontation over loud music being played at the neighbor’s house. Unlike the “stand your ground” cases being discussed as of late, Rodriguez’s shooting was caught on tape – he actually filmed the entire incident himself, and was on the phone with 911 at the time of the shooting. Two other men were wounded in the confrontation that left Rodriguez’s neighbor dead.

I have to be honest, the fact that the evidence included video footage of the entire confrontation, it was my opinion after watching it, that Rodriguez would be acquitted. But, I was wrong; he was found guilty, and is now awaiting a possible life sentence. However, with Rodriguez being Hispanic and the victim being white, one has to wonder where are all the racial justice activists, and why aren’t they speaking out on his behalf. No really, where are the cries of “injustice,” much like we’ve heard and continue to hear from supporters of Marissa Alexander.

Marissa as you know, is currently serving as twenty year sentence, for as she put it, firing a warning shot to ward off the advances of her abusive husband who attempted to kill her. As I’ve showed recently, her defense failed as, and a jury was convinced by prosecutors that she did not fire a warning shot out of fear for her life; but instead, she acted irresponsibly and out of anger. Like Alexander, I suppose the same could be said of Rodriguez given testimony in court last week by one of his neighbors. As much as I believed he was within his rights to defend himself, I must say the following was pretty damning, and was obviously the nail in the coffin for Rodriguez:

HOUSTON (KHOU/CBS) – A jury has found a retired Baytown firefighter guilty of murder in the killing of his neighbor in a dispute over loud music.

Closing arguments were delivered Wednesday in the murder trial of 47-year-old Raul Rodriguez.

The slaying happened in May 2010 outside New Caney P.E. teacher Kelly Danaher’s home in rural northeast Harris County. Danaher was holding a party that Rodriguez, who lives nearby, said was too loud.

Rodriguez, his attorneys claimed, called police several times before confronting the party-goers with a flashlight, gun and video camera. They said he was within his rights when he opened fire on Danaher and his two friends.

[...] But prosecutors said Wednesday that Rodriguez had a very good understanding of the law, and he tried to use that as a license to intimidate neighbors.

“This is about the neighborhood bully armed with a CHL, with an arsenal of weapons and a knowledge of the law,” prosecutor Donna Logan said. “He felt like he had ultimate control – the control to determine who lives and who dies.”

[...] The defense didn’t call any witnesses, but prosecutors called multiple to the stand, including a neighbor who poked holes in those self-defense claims and portrayed Rodriguez as trigger-happy.

Terri Hackathorn testified how Rodriguez often bragged about his arsenal of weapons, and she recalled an “unusual conversation” she and Rodriguez had a couple of months before the shooting.

Hackathorn testified Rodriguez came to her home excited about a new gun he bought and coached her about Texas’ “stand your ground” laws.

“As long as you tell authorities you fear for your life, then you can shoot (any) son of a (expletive),” Hackathorn said Rodriguez told her. (source)

To the countless individuals who subscribe to the notion that “stand your ground” laws gives license to assholes to become vigilante killers, Raul Rodriguez will now serve as evidence to support their agenda, which is to repeal said law. Which is really sad when you think about it, because these very people refuse to hold Marissa Alexander to the same standard, as they continue to see her as a victim of yet an already racially biased judicial system. That aside, I still have a hard time believing that Rodriguez provoked the confrontation as sold by prosecutors.

During closing arguments, prosecutor Kelli Johnson said Rodriguez started the confrontation when instead of calmly asking Danaher to turn down the music he armed himself with a handgun and a camera and proceeded to harass people at the party.

Johnson said Rodriguez lured and provoked Danaher and two other men to come out onto the street and threatened them by brandishing his gun. Rodriguez did have a concealed handgun license. She said Danaher and the two other men were unarmed and that Rodriguez’s life was never in any danger. Danaher’s widow had told jurors her husband was not a confrontational person.

“This is not what stand your ground is,” Johnson said. “Stand your ground is something the law takes very seriously. The law makes it very clear” when the law can be used.

Texas’ version of the law, which is known as the Castle Doctrine, was revised in 2007 to expand the right to use deadly force. It allows people to defend themselves not only in their homes but also in their workplaces or vehicles. Legal experts say the expansion also gave people wider latitude on the use of deadly force.

The law also says a person using force can’t provoke the attacker or be involved in criminal activity at the time.

Johnson said Rodriguez can’t hide behind the stand-your-ground law because he provoked the confrontation and then brandished his weapon against an unarmed individual, which is a crime.

But defense attorney Neal Davis said he doesn’t believe Rodriguez did anything illegal. He said Rodriguez went to complain and was confronted by Danaher and the two other partygoers, and that he didn’t pull out his gun until he was standing in the street and Danaher approached him in a threatening manner. (source)

I’ve posted and explained recently how race plays a factor in “stand your ground” cases nationally and more specifically in Florida.  And as I said then, I’ll say now: it’s easy to overlook the facts and circumstances surrounding a case and arrive at the conclusion that race pays (or played) a factor in it’s outcome. But to do so, isn’t acting in the interest of justice when one fails to take into account the facts of the case. However, at the end of the day, it’s important to send the message that being in possession of a weapon comes with great responsibility, and accountability.

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How “Stop-and-Frisk” Takes a Toll on Innocent Youth http://www.rippdemup.com/2012/06/how-stop-and-frisk-takes-a-toll-on-innocent-youth/ http://www.rippdemup.com/2012/06/how-stop-and-frisk-takes-a-toll-on-innocent-youth/#comments Thu, 14 Jun 2012 18:05:15 +0000 Rippa http://www.rippdemup.com/?p=6574 In my own sick and twisted way I recently joked about New York City being safer if the NYPD were to expand it’s “stop and frisk” policy to include random white people in not-so-high crime areas. Of course if you’ve never lived in these communities. it’s hard to understand just how much of an aggravation [...]

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In my own sick and twisted way I recently joked about New York City being safer if the NYPD were to expand it’s “stop and frisk” policy to include random white people in not-so-high crime areas. Of course if you’ve never lived in these communities. it’s hard to understand just how much of an aggravation it can be. To some, being a black man being harassed — yes, “stop and frisk” is in fact police harassment –by the police, just serves as the price paid for being poor and forced to live in impoverished communities of color. I mean, who needs dignity when you’re poor and black, right? The sad truth is that such police policy does more harm than good to our communities; and, they serve as fuel to the burning fire that is malcontent to an already dissected urban youth; and sadly, this isn’t a good thing. To understand, checkout the following from the New York Times:

Last year, police officers in New York City stopped and frisked people 685,724 times. Eighty-seven percent of those searches involved blacks or Latinos, many of them young men, according to the New York Civil Liberties Union.

The practice of stop-and-frisk has become increasingly controversial, but what is often absent from the debate are the voices of young people affected by such aggressive policing on a daily basis. To better understand the human impact of this practice, we made this film about Tyquan Brehon, a young man who lives in one of the most heavily policed neighborhoods in Brooklyn.

By his count, before his 18th birthday, he had been unjustifiably stopped by the police more than 60 times. On several occasions, merely because he asked why he had been stopped, he was handcuffed, placed in a cell and detained for hours before being released without charges. These experiences were scarring; Mr. Brehon did whatever he could to avoid the police, often feeling as if he were a prisoner in his home.

Tyquon Brehon

His fear of the police also set back his education. At one high school he attended, he recoiled at the heavy presence of armed officers and school security agents. “I would do stuff that would get me suspended so I could be, like, completely away from the cops,” he recalled. He would arrive late, cut classes and refuse to wear the school uniform. Eventually, he was expelled.

Mr. Brehon’s life turned around when he transferred to Bushwick Community High School and joined Make the Road New York, a community organizing group that is part of Communities United for Police Reform, a coalition of organizations. Because of his experiences, he now hopes to attend John Jay College of Criminal Justice and to become a lawyer, in part so he can help others who are subjected to racial profiling.

Watch the following video Of Tyquons’s story: The scars of Stop-and-frisk

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Wouldn’t NYC be Safer if the NYPD Started Randomly Feeling-Up White People with “Stop and Frisk”? http://www.rippdemup.com/2012/06/wouldnt-nyc-be-safer-if-the-nypd-started-randomly-feeling-up-white-people-under-stop-and-frisk/ http://www.rippdemup.com/2012/06/wouldnt-nyc-be-safer-if-the-nypd-started-randomly-feeling-up-white-people-under-stop-and-frisk/#comments Tue, 12 Jun 2012 15:06:56 +0000 Rippa http://www.rippdemup.com/?p=6542 So let’s get right into it, shall we? OK, no need for me to tell you that the NYPD’s “stop and frisk” policy is racist; nope, mo need for an argument over whether it is or not; bottom line, it’s fucking racist. Even so, a few days ago, New York mayor, Michael Bloomberg defended the [...]

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So let’s get right into it, shall we? OK, no need for me to tell you that the NYPD’s “stop and frisk” policy is racist; nope, mo need for an argument over whether it is or not; bottom line, it’s fucking racist. Even so, a few days ago, New York mayor, Michael Bloomberg defended the practice by saying it helped “take guns off the street and saves lives.

Of course everybody knows a black person with a gun is problematic; hell, just look at what happened in Chicago last weekend — 46 people shot, of which 8 were killed. So here’s the thing, with crime being down in New York, clearly the racist “stop and frisk” policy is working. I mean, rarely do we hear news stories about weekend shooting sprees in the Big Apple. So yeah, maybe Bloomberg is right; as racist the practice may be, it works.

This from the New York Times:

Some former officers who worked the area say the stops seem less geared to bringing down crime than feeding the department’s appetite for numbers — a charge police officials steadfastly deny. Though none said they were ever given quotas to hit, all but two said that certain performance measures were implicitly expected in their monthly activity reports. Lots of stop-and-frisk reports suggested a vigilant officer.

“When I was there the floor number was 10 a month,” one officer said. Like many of the officers interviewed for this article, he asked not to be identified because he was still in law enforcement and worried that being seen as critical of the New York department could hurt his future employment opportunities.

He said if you produced 10 stops — known as a UF-250 for the standardized departmental reports the stops generate — you were not likely to draw the attention of a supervisor. “And in all fairness,” he said, “if you’re working in that area, 10 a month is very low. All you have to do is open your eyes.”

According to him, the program should be “mended not ended.” Obviously it’s an effective policing tool; so yes, maybe mending the policy is in order. Hell, as effective as it has been by getting guns and suspicious looking melanin afflicted criminals off the streets, if the program were expanded to not only include supposed high-crime areas, one could expect to see zero crime, and or guns on the streets of New York. I mean just think, if the NYPD starts groping random white people (just like they do people of color) New York City would be the safest place on the planet. No really, just look at the following results of in communities of color via Think Progress:

1. In 2011, NYC officers made 685,724 stops as part of the “stop-and-frisk” policy. Of that group, 605,328 people were determined not to have engaged in any unlawful behavior. [NYCLU]

2. Only 5.37% of all stops in a recent five-year period resulted in an arrest. In short, many people stopped did nothing wrong. [NYT, 5/17/12]

3. In 2009, 36% of the time officer failed to list an acceptable “suspected crime.” Reasonable suspicion of a crime is required to make a stop. [NYT,5/17/12]

4. More than half of all stops last year were conducted “because the individual displayed ‘furtive movement’ — which is so vague as to be meaningless.”[NYT, 5/14/12]

5. Of those frisked in 2011, a weapon was found just 1.9% of the time. Frisks are supposed to be conducted “only when an officer reasonably suspects the person has a weapon.” [NYCLU]

6. 85% of those stopped were black or Hispanic even though those groups make up about half of NYC’s population. [NYT, 5/17/12]

7. Young black and Latino men account for 4.7% of NYC’s population but 41.6% of the stops in 2011. [NYCLU]

8. The number of stops involving young black men in 2011 (168,124) exceed the city’s population of young black men (158,406).[NYT, 5/15/12]

9. Even in overwhelmingly white neighborhoods, police stopped more blacks than whites.[NYT, 5/15/12]

10. In 2012, police are on pace to make more than 800,000 stops, more than twice the population of Miami. [NYT, 5/15/12]

Yeah, in the interest of public safety, I propose that “stop and frisk” be expanded to cover the greater tri-state area; yes, be sure cops in all five boroughs are doing their jobs. Yes I live in Memphis, but my mother lives in New York. So let’s just say that I’ll be able to sleep better at night knowing that NYC cops are shaking down white folks with impunity, so she can be safe as she walks the streets.

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CeCe McDonald: Self-Defense and Still Defending http://www.rippdemup.com/2012/06/cece-mcdonald-self-defense-and-still-defending/ http://www.rippdemup.com/2012/06/cece-mcdonald-self-defense-and-still-defending/#comments Thu, 07 Jun 2012 04:30:56 +0000 Livication http://www.rippdemup.com/?p=6437 Just a hair over a year ago, a 23-year-old Black transgender woman in Minnesota named CeCe McDonald was walking to store with four friends of her’s, also Black, late in the evening. CeCe and her friends walked past a bar, and there were three white people (one man, two women) on the patio. When the [...]

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Just a hair over a year ago, a 23-year-old Black transgender woman in Minnesota named CeCe McDonald was walking to store with four friends of her’s, also Black, late in the evening. CeCe and her friends walked past a bar, and there were three white people (one man, two women) on the patio. When the white people spotted the group of friends, they verbally assaulted the group, and specifically CeCe, with insults that included both racial slurs and hate speech regarding CeCe’s gender identity and presumed sexuality. By most accounts I’ve read, the group called CeCe and her group “niggers”, “chicks with dicks”, and mentioned “rape” among other things.

One of the women in the group smashed a glass in CeCe’s face, cutting and injuring her. As a matter of fact, the glass sliced all the way through her cheek, lacerating a salivary gland. A fight ensued. One of the attackers, a 47-year-old male, died. CeCe was arrested and charged, and self-defense was not considered. By some counts, CeCe was denied proper medical care and was kept in solitary confinement for a month. The woman who initiated the incident and smashed the glass in CeCe’s face was charged nearly a year later; as far as I am aware there is no acknowledgment of a hate crime, despite the guy who was killed having a prior criminal history and swastika tattoo on his chest.

Also, the woman was charged after CeCe pled guilty to manslaughter.

CeCe was sentenced on June 4, 2012 to 41 months in prison. Whether or not she was given due process and justice, she is to spend 3 years and five months in prison. Some of you may be thinking, ‘she plead guilty, now she has to face the consequences.’ What might be the problem with this line of thinking?

CeCe McDonald is a male-to-female transgender woman, and while she identifies as a woman, she will be housed in a facility with male inmates.

The obvious issue popping into the minds of most people invested in CeCe’s case and hopeful for her wellbeing is the issue of physical and sexual violence by the other inmates in the facility. It is a concern an has been reported to the Transgender Law Center from previous inmates that this is a very real fear and concern for both male-to-female transgender inmates and also female-to-male transgender inmates. Rape and sexual violence in prisons are heavy concerns, especially for trans* inmates. There may be coerced sex by another inmate or inmates, or also prison staff. Coercion is rape. There may be gang rapes and violence. And there another main form of sexual violation on trans* inmates according to reports to TLC is unnecessary strip searches and forced nudity:

a frequent substitute for, or precursor to, sexual violence or coercion is the use of strip searches or forced nudity by deputies, guards, officers, or medical personnel. Because of the severe reduction in privacy that occurs in jails and prisons, transgender people have very little control over who sees their bodies. Bodies that often times do not conform to the identity they know to be true or at least society’s expectations about that identity. Therefore, strip searches and public nudity can be especially humiliating to transgender prisoners.

Transgender men in particular report being subjected to unnecessary strip searches. Two men who have been held in San Francisco County jail have told me about frequent strip searches conducted by deputies and medical personnel for no reason other than to seemingly satisfy curiosity. These searches were not related to visits or interactions in which these guys could have been passed contraband. Instead, they seemed to come randomly from many quarters and occasionally involve two or more people doing the search.

Back in Sacramento County Jail, one of the two women described above and two of her fellow transgender prisoners related stories of being forced to walk topless through a gauntlet of male cells in order to get new clothes each week. Along the way, the women were subjected to taunts and catcalls. The very act of walking the line made them objects of both harassment and ridicule.

There are also a whole host of other concerns that include:

- Lack of competent medical care

- Access to programs, jobs, and recreational activities

- Ability to dress properly

- Respecting one’s gender identity and referring to them by the proper name and/or pronoun

- Segregation from the rest of the prison population. This is a huge deal because it has already happened in CeCe’s case. She was kept in solitary confinement for nearly a month by most accounts. Prison staff may determine to place trans* inmates in confinement as a way to, possibly, keep them safe or keep the incidences from occurring. This makes less likely and nearly impossible for the inmate to receive jobs or proper treatment programs.

Also, according to TLC:

The stated purpose of administrative segregation is that people being confined within it are a proven danger to themselves, staff, or other inmates. By using this classification for transgender prisoners, the message is being sent that a person’s gender identity itself is threatening to the institution and that person must be locked away in a prison within the prison.

The Transgender, Gender Variant and Intersex (TGI) Justice Project has a prison survival guide for trans* and intersex inmates. According to the survival guide, written by transgender women, “prison politics outweigh prison policy.” Sadly, this comes after the explanation that if you are any race other than Black and housed with the general population, you will be removed or leave the yard because the gang violence geared toward you, as the transgender inmate, will be so harsh.

And sadly, I don’t think that this post adequately describes the horror that trans* inmates have faced, nor the injustice that CeCe and others are facing and will continue to face. According to an article that includes a survey of trans* people of color by Advocate.com:

38% of African-American respondents experienced police harassment, 15% reported being physically assaulted by the police, and 7% reported being sexually assaulted by the police; 38% of African American MTF (male-to-female) respondents reported being sexually assaulted by either another inmate or a staff member in jail/prison; 41% of African-American respondents reported being imprisoned because of their race and gender identity alone; a whopping 47% reported having been in jail or prison for any reason.

According to this article, transgender people are 10-15 times more likely to be incarcerated at some point in their life, and have to face the horrifying circumstances outlined above. Additionally, prior to their incarceration, they often feel unable to rely on the police for protection because the police are often perpetrators of crimes against them. Over 50% of trans* people, notwithstanding incarceration, have been victim to some sort of violence; self-report surveys vary but a significant number of these attacks are sexual violence. 43% of trans* rape victims (both FTM and MTF) who participated in self-report surveys believed their perpetrators homophobia to be the motivation for the assault while 35% suggested transphobia to be the motivation.

[imagebrowser id=3]I applaud President Obama for concluding recently that PREA will apply to all Federal confinement facilities. President Obama has included language that acknowledges the concerns that I have for CeCe and all LGBTQQI people that may be incarcerated at some point. I do have wonders for the general public though; and the main one would be exactly how effective the Prison Rape Elimination Act would be henceforth. A few of the guidelines that detention centers must follow in order to be in compliance with the new guidelines under PREA is that they must:

• Staff should be trained on effective and professional communication with our communities.

• Housing assignments should take into consideration individual vulnerabilities but do not, in most circumstances, place [LGTBQQI] in inferior wings or pods.

• An analysis is required of whether an abuser was motivated by bias against [LGBTQQI], if abuse does occur.

• Transgender detainees cannot be searched solely to determine their genitalia, and determinations must be made on a case-by-case basis about whether [LGBTQQI] should be held in a men’s or women’s facility and cannot be based solely on genital status.

President Obama and company have included many great provisions for trans* inmates, including that they must be given the opportunity to shower separately from other inmates. And while one would hope that these provisions would provide some safety for transgender men and women prisoners, I wonder how effectively it is enforced and how much protection they are really being provided. CeCe will still be housed in a prison of men.

Also, if prison staff are part of the problem, how effective will PREA be? And if trans* people are afraid (with very good reason) to come forward and make staff aware of their rights and request their protections, what can be done? And if, by the counts of transwomen who wrote a prison survival guide for transwomen, prison politics outweigh prison policies, what good is PREA exactly?

What will happen to the CeCes of our community?

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Does Anti-Profiling Legislation Really Work? http://www.rippdemup.com/2012/05/does-anti-profiling-legislation-really-work/ http://www.rippdemup.com/2012/05/does-anti-profiling-legislation-really-work/#comments Tue, 15 May 2012 15:15:47 +0000 JuJuBe http://www.rippdemup.com/?p=6059 There is not a person in this country who does not know that the police engages in racial profiling. If a Black person says they are not aware of this practice, they are either not yet beyond the toddler stage of life, or being intentionally deceptive in hopes of receiving special considerations from the white [...]

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There is not a person in this country who does not know that the police engages in racial profiling. If a Black person says they are not aware of this practice, they are either not yet beyond the toddler stage of life, or being intentionally deceptive in hopes of receiving special considerations from the white dominators. We all know that every day in every city, every town and every rural community in this country, the very life of a Black person is in danger when they come across a member of the law enforcement community.

But, politicians want to sit around and debate the issue. They want to request a whole bunch of statistical analysis to prove what every Black person over the age of 2 years old understands: police profile racially. Why do politicians play this game? To pretend they are actually attempting to address the scourge of law enforcement bigotry without actually doing a goddamn thing about the problem.

If all these folks are going to do is sit around in a little room and say, “profiling is bad…. we should do something about it…” and then move onto the next topic, they need to get the fuck out of office, because they do not care about what happens to real people in the real world.

Who are the people compiling the statistics and where are they coming from? Most of the time, they work FOR the people in power, who are invested in maintaining the status quo. So, not only can they manipulate the facts to make them fit the narrative of the white dominators, but they rely on information given to them by the oppressive law enforcement community. Somehow, the word of a cop is seen as more reliable than that of his victim, so he can lie about absolutely anything and be seen as the “good guy” in the story. What is to stop a white police officer from incorrectly listing the race of his victims in order to “prove” that he is not engaging in racially biased behavior on the job? (In fact, it was proven that in East Haven, Connecticut, police officers did exactly this for many years)

If a victim of police oppression reports the crimes that officers commit against him, it is usually written off as unfounded, or uncorroborated. Yet the word of a single pig is enough to land a man behind bars. Why are police given more credibility than an ordinary community member, especially if that community member is Black?

There is also nothing stopping police officers from harassing and endangering anyone who reports profiling or brutish behavior. Everyone knows about the “blue wall of silence”. If a Black person walks into a police station to report to an officer that one of his fellow “boys in blue” has committed criminal acts against him, he is putting his safety in the hands of people who are invested only in defending and protecting the man carrying the badge.

Combating racial profiling is not about crunching numbers, compiling reports and making recommendations that the police look at as optional. In order to fight racist police practices, there needs to be serious consequences for officers who are caught profiling. They should be kicked off the police force and charged with a felony. They need to be held accountable. As it stands today, police officers can commit even most egregious offenses, like the murder of unarmed people, with little to no chance of repercussions. ANYTIME a police officer shoots an unarmed person, they should be charged and convicted for murder (or attempted murder if the person is lucky enough to survive.) Police officers complain that they do not want to have to stop to think before they act, that it could put their lives in danger… well… tough shit. Shouldn’t you HAVE TO take a second to think before you take the life of another human being?

Police officers also should not be foreign invaders. If there is a need for law enforcement presence in a given community, the officers should be recruited from among local residents only. No more white “good ole boys” rolling into a Black community and running roughshod over the rights of the people who actually live there. Let the white boys stay in their little suburban communities and arrest the folks with the meth labs in their garage.

I understand the desire for activist groups to enforce racial profiling laws. There is this belief that compiling statistics to “prove” that racial profiling exists will somehow force police departments to change their ways. That the threat of removing funding sources to police departments who are non-compliant will help alleviate the insidiousness of racial profiling. However, I think that until a police officer has to worry about facing VERY REAL CONSEQUENCES, like PRISON TIME for engaging in such practices, there is really no incentive for an individual officer to change his behavior.

Recently, there was an amendment passed for Connecticut’s racial profiling law, the Penn Act. A huge production was made about the “much needed changes” to the Penn Act that were added. Basically, the legislators decided that the Penn Act provisions would be enforced more stringently if they added a “traffic stop receipt” concept to the legislation, so that motorists who have been pulled over can be sure that their race was listed correctly. They also included a provision that allowed people to anonymously launch complaints about profiling, and appointed a committee to investigate the claims, as well as to examine the statistics compiled for evidence of profiling. Honestly, I do not see the efficacy of this sort of approach. Why do people need “proof” that profiling happens? We all know it does! How do statistics protect motorists from police officers? Where is the incentive for officers to stop this behavior?

And what about pedestrians? How many anti-profiling laws include people on foot? We all know that “stop and frisk” policies are steeped in racial profiling. Why not include people who are walking through the community under the umbrella of these profiling laws? One proponent of the Penn Act Amendment here in Hartford actually became angry when another activists mentioned that the Act did not go far enough because it only “protected” motorists! He said that the Penn Act was not intended to protect people on foot, therefore the amendment did not include them. Well, if you are “amending” a piss poor law, why not make the logical choice to extend the legislation to cover ALL people who are profiled, not just those in cars?

Compiling statistics is not the solution. SERIOUS consequences for INDIVIDUAL officers as well as departments who violate the rights of community members MUST BE INCLUDED in order for an anti-profiling law to offer any serious protection for the public. It is one thing to “work within the system”, it is quite another to ignore what REALLY needs to be done to address police profiling and brutality simply to get a piece of legislation passed.

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“Occupy the Department of Justice”: Trayvon Martin, Mumia Abu Jamal, & Mass Incarceration http://www.rippdemup.com/2012/04/occupy-the-department-of-justice-trayvon-martin-mumia-abu-jamal-mass-incarceration/ http://www.rippdemup.com/2012/04/occupy-the-department-of-justice-trayvon-martin-mumia-abu-jamal-mass-incarceration/#comments Sat, 28 Apr 2012 18:52:13 +0000 Rippa http://www.rippdemup.com/?p=5920 Remember the silly talk last year that suggested that the Occupy Movement was racist? Well, it’s spring again; and, though the revival of tent cities has been slow. Check out the following video to see what occupy activists of color engaged in this past week. Given the recent rise in interest to the cries of [...]

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Remember the silly talk last year that suggested that the Occupy Movement was racist? Well, it’s spring again; and, though the revival of tent cities has been slow. Check out the following video to see what occupy activists of color engaged in this past week. Given the recent rise in interest to the cries of justice for Trayvon Martin. In my opinion, this weeks act could not come at a more opportune time. My hope is that recent efforts for “justice,” as expressed throughout social media and elsewhere continues, or dies a very slow death.  It may seem pointless, but it is very necessary.

This via The Real News Network:

We are here to say that incarceration has nothing to do with solving the problems of American society it has everything to do with putting people in their place repressing people and it’s time for this to end, we want jobs, education, health care, we do not want jails…right now the United States represents 5 percent of the world’s population but we incarcerate 25 percent of the world’s prisoners, this in a nation that’s obsessed with the idea of freedom, the question is why, why do we incarcerate so many people than other places in the world, we clearly don’t have the answers so we are here to say we have to stand up for people like Mumia Abu Jamal. - JOHANNA FERNANDEZ, PROFESSOR OF HISTORY, BARUCH COLLEGE, CUNY

It is imperative that we continue to bare witness to the many injustices suffered particular by people of color and poor people in general, all across these United States of America – a country where as you know, said people are over-represented within the criminal justice system, by no accident.

More at The Real News

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What Does Trayvon Martin and Anna Brown Have in Common, Besides Being Black and Dead? http://www.rippdemup.com/2012/03/what-does-trayvon-martin-and-anna-brown-have-in-common-besides-being-both-black-and-dead/ http://www.rippdemup.com/2012/03/what-does-trayvon-martin-and-anna-brown-have-in-common-besides-being-both-black-and-dead/#comments Thu, 29 Mar 2012 19:51:01 +0000 Rippa http://www.rippdemup.com/?p=5310 Trayvon Martin and his family deserves justice – yes, there’s no denying this. As I watch the various reports surrounding his death and subsequent attempts to politicize it  in recent weeks. And as I watch many individuals don hoodies and proclaim, “I am Trayvon Martin,” I wonder about the many dead and voiceless people of [...]

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Trayvon Martin and his family deserves justice – yes, there’s no denying this. As I watch the various reports surrounding his death and subsequent attempts to politicize it  in recent weeks. And as I watch many individuals don hoodies and proclaim, “I am Trayvon Martin,” I wonder about the many dead and voiceless people of color. I wonder why aren’t we raising awareness to their injustices?

I wonder about Anna Brown, a single mother who happens to be Black who died in a St. Louis jail cell after being arrested for seeking medical attention in a hospital emergency room. Above all, I wonder how something like this could’ve happened in America and go unnoticed, or fail to gain national attention in the past six months since her death in a jail cell. It was then it hit me: Anna Brown was a Black woman living on a very limited income, and she was homeless. It was after I read the following piece from Christine Byers at stltoday.com that it all made sense:

Anna Brown wasn’t leaving the emergency room quietly.

She yelled from a wheelchair at St. Mary’s Health Center security personnel and Richmond Heights police officers that her legs hurt so badly she couldn’t stand.

She had already been to two other hospitals that week in September, complaining of leg pain after spraining her ankle.

This time, she refused to leave.

A police officer arrested Brown for trespassing. He wheeled her out in handcuffs after a doctor said she was healthy enough to be locked up.

Brown was 29. A mother who had lost custody of two children. Homeless. On Medicaid. And, an autopsy later revealed, dying from blood clots that started in her legs, then lodged in her lungs.

She told officers she couldn’t get out of the police car, so they dragged her by her arms into the station. They left her lying on the concrete floor of a jail cell, moaning and struggling to breathe. Just 15 minutes later, a jail worker found her cold to the touch.

Officers suspected Brown was using drugs. Autopsy results showed she had no drugs in her system.

Six months later, family members still wonder how Brown’s sprained ankle led to her death in police custody, and whether anyone — including themselves — is to blame.

There seems to be no simple answer.

St. Mary’s officials say they did all they were supposed to do for Brown. Richmond Heights police said they trusted a doctor who said she was fit for jail.

Brown’s mother, Dorothy Davis, isn’t sure what to think.

“If the police killed my daughter, I want to know,” she said. “If the hospital is at fault, I want to know. I want to be able to tell her children why their mother isn’t here.”

Davis also faults the St. Louis County Family Court, which she said forced her into a heartbreaking dilemma after the state took away Brown’s children on a claim of neglect. Davis could take in her grandchildren or her daughter, a judge said, but not both.

“I’m mad at myself because if I hadn’t listened to the courts, she would still be here,” Davis said. “If she had been here at this house, she would be here today.”

[...] Anna Brown was one of 10 children. She graduated from Kirkwood High School. At 18, she had her first child, a boy. She had a daughter nine years later. Brown was raising them alone when a tornado destroyed her north St. Louis home on New Year’s Eve 2010. She moved to Berkeley.

Shortly after, she lost her job at a sandwich shop. Bills lapsed. The electricity was turned off. So was the gas. And the water.

Family members say Brown and her children appeared fine during visits at Davis’ home in Normandy.

They weren’t.

In April, a state Children’s Division representative found Brown’s toilet filled with feces. Burn marks scarred the floors and sinks where Brown had used small fires to stay warm. One refrigerator could not be opened. Insects and rotting food filled another, according to state reports given to the Post-Dispatch by Brown’s family.

Brown was not lucid and seemed confused as Berkeley police arrested her for parental neglect. The courts awarded legal custody of the kids to the Children’s Division. Davis could have physical custody, as long as Brown didn’t live with her.

Brown’s home was condemned. She ended up on the streets. She lived in four homeless shelters from May to September 2011.

Brown struggled with officials’ requirements for reuniting with her children. She passed two drug tests but balked at others. “She felt that she had passed them, so there was no point in doing them again,” Davis said.

A court-ordered psychological evaluation to determine whether Brown had cognitive, developmental, behavioral or mental illnesses came back inconclusive. So the courts ordered a psychiatric evaluation to determine whether Brown needed medication or a doctor’s treatment.

But Brown resisted, not understanding the difference between the two evaluations, according to her caseworker’s notes.

Still, she may have known something was wrong. She joined the St. Louis Empowerment Center, a drop-in center for the mentally ill.

“It was like a light bulb went on when she heard others tell their stories,” said Kevin Dean, a peer specialist at the center. “She was just starting to make progress.”

Brown’s witty comments often broke the ice during group meetings, said Warren Brown, another peer specialist and no relation to Anna.

Anna Brown one day said she hurt her ankle while walking near a ditch, Dean and Warren Brown recalled.

The last time they remember seeing her was in August 2011; she said she couldn’t walk up the stairs.

Brown told her caseworker on Sept. 14 that she had been admitted to St. Louis University Hospital for a sprained ankle.

Bills her mother received show Brown stayed at that hospital from Sept. 13-15 and underwent an EKG, some radiology services, lab work and cardiovascular services.

Dorothy Davis, holding 2-year-old granddaughter Isabel Price, talks about the death of her daughter during an interview with the St. Louis Post-Dispatch at her home in Normandy, Mo.

“She wasn’t very eager to go home, but we do all we can to take care of the whole patient, and we want to make sure that we do not push someone out the door as soon as she came here,” said SLU spokeswoman Laura Keller. She said there was no indication of a blood clot in Brown’s leg.

Krystle Brown said she saw her sister for the last time after she was discharged from SLU. She dropped Anna off on Market Street downtown, where Anna said she wanted to be.

Davis didn’t want her daughter out in the rain and ordered Krystle to bring her home — regardless of the court order. It was too late. Krystle couldn’t find her sister.

Four days later, Brown had her last supervised visit with her children. She was on crutches.

[...] State inspectors working for the Centers for Medicare and Medicaid Services — a federal agency that regulates hospitals — interviewed St. Mary’s staff and reviewed medical records after the Post-Dispatch asked about Brown’s case in January.

They found that on Sept. 20, Brown returned to SLU Hospital for knee and ankle pain. X-rays of her knees were negative and she was given a prescription for a painkiller.

She refused to leave. Hospital security called St. Louis police, who responded about 5 a.m. Brown told them she wanted to go to a better hospital but refused to go in an ambulance, police said.

She then wheeled herself next door to Cardinal Glennon Children’s Medical Center, where doctors found tenderness in her legs. They told her she was at a pediatric hospital. She said she wasn’t leaving unless someone took her to an adult hospital, according to the inspectors.

An ambulance then took her to St. Mary’s, inspectors found. She arrived at 11:45 a.m. Her left ankle was swollen. She was there for about seven hours, during which ultrasounds on both of her legs were negative for blood clots. A nurse said she saw her stand up. A social worker gave her a list of shelters and a phone number for transportation.

She returned eight hours later by ambulance complaining of abdominal pain only, inspectors said. She refused to sign discharge papers but was discharged at 7 a.m.

Richmond Heights Officer Jason Tharp was at St. Mary’s on another call about 10 a.m. when a security officer, Steve Schaffer, told him a woman was claiming she “did not receive adequate medical attention and did not have to leave.”

She was sitting in a wheelchair and told officers she was waiting for a ride. Tharp told her to wait outside or face arrest for trespassing.

“You can’t arrest me. I know my rights, I can’t even stand up!” she yelled, according to police.

Officer Scott Stebelman said he waited for about three hours for a doctor to examine Brown before taking her to jail. At 12:30 p.m., a doctor issued a “Fit for Confinement” report, according to the state inspectors.

The irony of the above story being written this week, is that the Supreme Court listened to arguments on the constitutionality of the individual mandate of the Affordable Care Act. Over the past few days, there have been many people in Washinton DC protesting outside of those hearings either in support of or against the current law now touted as “Obamacare”. I’ve even heard it said that a repeal of Obamacare would negatively impact the lives of women across the country. Even so, I wonder just how many people protesting are aware of Anna Brown’s story, and the countless stories of women like her? It’s one thing to rightfully fight for justice for for Trayvon Martin; and, in doing so taking the opportunity to speak out against the racial profiling of Black men in America.

However, with the fastest growing prison population in the last decade or so being women, I believe there is room for a conversation about Anna Brown and the numerous stories of struggling poor Black women like her. Please believe, many of them are dying in prison without being able to receive the proper medical attention. And like Anna, many of them can be diagnosed as mental patients; but, nobody seems to care about them. But this is to be expected when gender and race intersests.

It’s not right, and it’s not acceptable.

 

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Post-Racial Update: Blacks Receive 60% Longer Criminal Sentences than Whites http://www.rippdemup.com/2012/02/post-racial-update-blacks-receive-60-longer-criminal-sentences-than-whites-for-same-crimes/ http://www.rippdemup.com/2012/02/post-racial-update-blacks-receive-60-longer-criminal-sentences-than-whites-for-same-crimes/#comments Fri, 10 Feb 2012 19:16:33 +0000 Rippa http://rippdemup.com/?p=4619 Well, I guess someone saw it fit to actually spend money to conduct a study to tell us something that we already know. Excuse me, something that only Black people knew. I mean let’s face it: this isn’t exactly new groundbreaking news, yes? But as I mentioned to a friend, nothing is official in America [...]

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Well, I guess someone saw it fit to actually spend money to conduct a study to tell us something that we already know. Excuse me, something that only Black people knew. I mean let’s face it: this isn’t exactly new groundbreaking news, yes? But as I mentioned to a friend, nothing is official in America unless it comes from the scholarship of “certain people”.

Systemic racism? What the hell is that? They ain’t burning crosses and hanging Black folks anymore. Hell, we’s post-racial now, RiPPa! Yeah I know, stories or studies like the following and the one I shared recently about Black folks and bankruptcy are all made up. Yep, studies such as this one aren’t valid. That is, unless they come from white comedians in Blackface on college campuses across America. I mean, why even listen to complaining Black folks, right?

A new academic study of 58,000 federal criminal cases has found significant disparities in sentencing for blacks and whites arrested for the same crimes. The research led to the conclusion that African-Americans’ jail time was almost 60% longer than white sentences.

According to M. Marit Rehavi of the University of British Columbia and Sonja B. Starr, who teaches criminal law at the University of Michigan Law School, the racial disparities can be explained “in a single prosecutorial decision: whether to file a charge carrying a mandatory minimum sentence….Black men were on average more than twice as likely to face a mandatory minimum charge as white men were, holding arrest offense as well as age and location constant.” Prosecutors are about twice as likely to impose mandatory minimums on black defendants as on white defendants.

In federal cases, black defendants faced average sentences of 60 months, while the average for white defendants was only 38 months.

The report concludes that sentence disparities “can be almost completely explained by three factors: the original arrest offense, the defendant’s criminal history, and the prosecutor’s initial choice of charges.” (source)

At any rate, what does it matter to have information like this if nothing is going to be done about it? Yep, simple-minded readers will say this is yet just another reason for people like me to “hate whitey,” I suppose. Rather than act in the interest of justice and equality. I’m pretty sure someone will digest this info and suggest that it’s better that Blacks are locked away longer, because we are genetically predisposed to commit crimes. Sounds crazy, but people actually believe we are.

The issue of mass incarceration is almost never discussed within our political discourse. That is with the exception of the occasional racist Willie Horton ad if you’d like to give the impression that as a candidate, you’re tough on crime. This is one issue that I suppose many see as a political liability. I mean how dare anyone running for president speak about the racial disparities in sentencing, the prison industrial complex, or even the opportunity cost of it all, right?

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