Category: Criminal justice reform

“Don’t Shoot”: Ending violence in inner city America

David M. Kennedy is the director of the Center for Crime Prevention and Control, and professor of criminal justice at John Jay College of Criminal Justice in New York City.
David M. Kennedy is the director of the Center for Crime Prevention and Control, and professor of criminal justice at John Jay College of Criminal Justice in New York City.

“There’s a profit and a loss side on the public safety balance sheet,” he says. “And what we see in many places is that while you can bring crime down by occupying the neighborhood and stopping everybody, what you do in the process is lose that neighborhood. … You fuel the idea that the police are an occupying, inimical force in the neighborhood. You play into these real and toxic racial memories about what came before civil rights. And you can make it work in many places, but you can’t stop. You can’t ever say, ‘We’ve won. Things are good. Things are stable,’ because you have driven them into hiding.”

This story appeared on NPR’s Fresh Air November 1st.  David Kennedy is one of a growing cadre of reform advocates willing to tell the truth about violent crime without drawing the usual conclusions.  Please listen to the entire program.  A good summary appears below.

Interrupting Violence With The Message ‘Don’t Shoot’

In 1985, David M. Kennedy visited Nickerson Gardens, a public housing complex in south-central Los Angeles. It was the beginning of the crack epidemic, and Nickerson Gardens was located in what was then one of the most dangerous neighborhoods in America.

“It was like watching time-lapse photography of the end of the world,” he says. “There were drug crews on the corner, there were crack monsters and heroin addicts wandering around. … It was fantastically, almost-impossibly-to-take-in awful.”

Kennedy, a self-taught criminologist, had a visceral reaction to Nickerson Gardens. In his memoir Don’t Shoot, he writes that he thought: “This is not OK. People should not have to live like this. This is wrong. Somebody needs to do something.”

Kennedy has devoted his career to reducing gang and drug-related inner-city violence. He started going to drug markets all over the United States, met with police officials and attorney generals, and developed a program — first piloted in Boston — that dramatically reduced youth homicide rates by as much as 66 percent. That program, nicknamed the “Boston Miracle,” has been implemented in more than 70 cities nationwide.

Today, Kennedy directs the Center for Crime Prevention and Control at John Jay College of Criminal Justice in New York City, but he still regularly goes out into the field. The drug world he works in now, he says, is a little better than the one in which he worked in 1985 — but not by much.

“Still, it’s almost inconceivably awful in almost all of its dimensions,” he tells Fresh Air‘s Dave Davies. “And no one likes to say this stuff out loud, because it’s impolitic, but the facts are the facts. You get this kind of drug activity and violence only in historically distressed, minority neighborhoods. And it is far worse in poor, distressed African-American neighborhoods.”

Those neighborhoods are also more likely to be deadly for African-American men — and they’re getting worse, says Kennedy, citing grim statistics: Between 2000 and 2007, the gun homicide rate for black men between the ages of 14-17 increased by 40 percent. The rate for men over the age of 25 increased by 27 percent. In some neighborhoods, 1 in 200 black men are murdered every year.

“This is where the worst open-air drug markets are all concentrated,” he says. “And quite naturally, law enforcement pays an awful lot of attention to those neighborhoods. … And the shorthand that you get from cops when you look at these communities is that they look at you and say, ‘There is no community left.’ ”

But there are plenty of law-abiding residents in these neighborhoods that have been overtaken by drugs, says Kennedy. They outnumber the gang members and drug dealers by significant percentages.

“What matters is that these offenders are in the communities in groups,” he says. “They are in gangs, they are in drug crews, they are in chaotic groups. And those groups drive the action to a shocking degree.”

In Cincinnati, for example, there are about 60 defined gang groups with about 1,500 members.

“[The people] representing less than half a percentage point of the city’s population are associated with 75 percent of all of Cincinnati’s killings,” he says. “And no matter where you go, that’s the fact.”

The national homicide rate is now about 4 per 100,000, but the homicide rate for members of gangs and neighborhood turf groups is dramatically higher: as many as 3,000 per 100,000 a year.

“It is incredibly dangerous,” says Kennedy. “If you talk to these guys, what they say is, ‘I’m terrified … I got shot … My brother’s dead … I’ve been shot at … And they are trying to shoot me …’ That [is] their everyday world.”

Kennedy’s homicide-reduction program, called Operation Ceasefire, brought gang members into meetings with community members they respected, social services representatives who could help them, and law enforcement officials who told them that they didn’t want to make arrests — they wanted the gang members to stay alive, and that they planned to aggressively target people who retaliated. The interventions worked to reduce the homicide rates.

“In city after city, what we see is you may have to do it once or twice, but as soon as the streets believe that that’s what’s going to happen, they change,” says Kennedy. “In the summer of 1996, just a few months after we implemented this, the streets had quieted down dramatically, and they kept getting better.”

A variation of Operation Ceasefire was also implemented to shut down open-air drug markets. Instead of arresting drug dealers, the police officers and Kennedy set up meetings with drug dealers — and their mothers.

“We said, ‘Your son is at a turning point. He could be arrested right this minute, but we don’t want to do that. We understand how much that damages him and his community. There’s going to be a meeting in a week. Please come with your son to the meeting,'” he says.

Nearly everybody came. In the meeting, the police reiterated what they had said in previous meetings with gang members: that they wanted the drug dealers to stay alive and out of jail. They also warned that the consequences of not shutting down the drug markets would be severe. In High Point, N.C., where the program was piloted, the open-air drug market disappeared.

“You do one of these meetings … [and] you can break the cycle in these neighborhoods literally overnight,” he says. “All that craziness is gone.”

Programs that target specific geographic areas through car and pedestrian stops may also stop crime, but they come at a cost, says Kennedy.

“There’s a profit and a loss side on the public safety balance sheet,” he says. “And what we see in many places is that while you can bring crime down by occupying the neighborhood and stopping everybody, what you do in the process is lose that neighborhood. … You fuel the idea that the police are an occupying, inimical force in the neighborhood. You play into these real and toxic racial memories about what came before civil rights. And you can make it work in many places, but you can’t stop. You can’t ever say, ‘We’ve won. Things are good. Things are stable,’ because you have driven them into hiding.”

But in High Point, N.C., where Kennedy piloted his cease-fire program, talking directly to drug dealers appears to be working. He recalls a conversation he overheard, shortly after the open-air markets were shut down.

“You hear one kid say to the other, ‘Are you getting a ride home?’ and the other kid said, ‘No, I’m walking. Mom says it’s OK now.’ “

A few bad apples in the Big Apple, or is the NYPD out of control?

By Alan Bean

Check out the New York Times index of recent NYPD stories and you will be amazed (and hopefully troubled) by what you find.  Today, defendant, Jason Arbeeny, a 14-year Police Department veteran who worked in the Brooklyn South unit, was convicted for planting drugs on innocent people.  But it isn’t just one bad apple cop.  Trial testimony suggests that NYPD narcotics cops frequently resort to faking cases when the end of the month finds them under quota.  It’s called “flaking”.

In related cases, eight other narcotics officers have been arrested, hundreds of drug cases have been dismissed, and over $1million has been paid out to settle false arrest lawsuits.  If these officers were accused by their victims there would be no consequences (cop vs. accused swearing matches always end badly for the accused), but in this case, the perpetrators were unfortunate enough to get caught up in an internal investigation.

And then there’s the story about the sixteen NYPD cops recently indicted for allegedly fixing thousands of tickets for high-profile clients (for a fee, of course).  Apparently this too was standard practice and, if the allegations hold up in court, several officers appear to have spent most of their working hours tracking down tickets at the behest of well-heeled customers.  The practice is so widespread that over 100 fellow officers crowded the State Supreme Court in the Bronx to protest the sixteen indictments.  “Just following orders” the placards read.  Officers allegedly manhandled media people attempting to cover the story.  (more…)

The growing campaign to end the New Jim Crow

Alan Bean and Melanie Wilmoth

Just a few nights ago, activists, former prisoners, and concerned citizens gathered at Riverside Church in New York to discuss mass incarceration and the criminal justice system. These individuals are launching a campaign built around the ideas expressed by Michelle Alexander in her book “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.” Especially concerned with the effect our broken justice system has on people of color, these organizers are advocating for a complete transformation of our system of mass incarceration. MW

I met Jazz Hayden at a conference in Chicago a while back and have been following his work ever since.  Pockets of resistance to the New Jim Crow are popping up across the country and Jazz is at the forefront of this movement.  AGB

Prison Activists Work to End Racial Bias in Justice System

By Nat Rudarakanchana

On a quiet Friday evening, a band of grizzled but passionate prison activists wound its way through the corridors of Riverside Church, into a bright business-like meeting room. On the agenda this night: the launching of a campaign to end what they call the “New Jim Crow.”

The phrase refers to academic Michelle Alexander’s book “The New Jim Crow: Mass Incarceration in the Age of Colorblindness,” which argues that the American criminal justice system is both unjust and racist. Several city-based activists dealing with the rights of prisoners have heard of the book: more than a few highly recommend it, too.

Among those present at this private meeting were two Harlem residents who have endured the prison system for decades and survived to tell the tale. (more…)

“Lost in detention”: The criminalization of immigration

by Melanie Wilmoth

Earlier this week, PBS Frontline aired its documentary “Lost in Detention.” The documentary takes a hard look at the broken U.S. immigration system and the resulting increase in the number of detained and deported immigrants.

Under the Obama Administration, over 400,000 immigrants were detained and deported this year alone (which is a significantly higher number of deportations than in previous administrations). As Frontline suggests, much of this increase in detention and deportation is a result of Secure Communities, a partnership between U.S. Immigration and Customs Enforcement (ICE) and the FBI that uses fingerprint data to track criminal immigrants. Secure Communities allegedly aids in the deportation of immigrants who have committed serious crimes and, thus, pose a threat to public safety. According to ICE, Secure Communities prioritizes “the removal of individuals who present the most significant threats to public safety as determined by the severity of their crime, their criminal history, and other factors.”

However, the Secure Communities program has reached far beyond its stated purpose. Since its implementation in 2008, Secure Communities has successfully broken up families and incited fear in immigrant communities. Thousands of individuals, many of whom are non-criminals, U.S. citizens, and parents of children who are U.S. citizens, have been arrested. In addition, Latinos have been disproportionately affected by Secure Communities, making up 93% of those arrested through the program.

After arrest, 83% of individuals are placed in detention centers. Punitive in nature, the 250 detention centers in the country warehouse immigrants in prison-like settings until deportation. Reports of abuse in these centers run rampant.  (more…)

Arizona holds record for some of the longest, harshest sentences in country

In a recent article, Bob Ortega of the Tucsan Citizen discusses Arizona’s tough sentencing laws and the state’s over-reliance on incarceration. Arizona is known to have some of the longest, harshest sentences. With over $1 billion spent on prisons this year alone and a plan to create 6500 new prison beds over the next 5 years, there is no sign that Arizona plans to change its ways in the near future. Read about Arizona’s prison spending, tough sentencing, high crime rates, and more below. MW

Arizona prison sentences among toughest for many crimes

by Bob Ortega

Whether it’s putting a shoplifter behind bars for three years or a child-porn user away for 200 years, Arizona imposes among the longest, harshest sentences of any state in the country for a wide variety of crimes.

Politically, that has been popular, but the practice carries a hefty price tag. This year, the state will spend more than $1 billion to keep prisoners behind bars, and that figure will balloon if Arizona carries out plans to build or contract for as many as 6,500 new prison beds over the next five years.

Many other states, to cut costs as budget deficits have soared, have adopted sentencing alternatives over the past decade that have slashed their prison populations.

They diverted non-violent offenders into drug- or alcohol-treatment programs, increased tightly supervised probation, and took other steps that experts say save money while helping cut the likelihood that convicts will reoffend.

Nationally, crime rates have been falling for decades. Even with more convicted criminals on the street, many of these states have seen their crime rates fall as far or farther than in Arizona, where the prison population has climbed 50 percent over the past decade. (more…)

Michael Morton and the case for Texas criminal justice reforms

Michael Morton

By Melanie Wilmoth

Michael Morton spent 25 years behind bars for the murder of his wife, Christine, before he was released based on DNA evidence that pointed to another suspect.

In Morton’s case, there was a wealth of evidence suggesting Morton was not the murderer, but prosecutors never pursued another suspect. Prosecutors were convinced, despite no clear evidence, that Morton was guilty.

It is a classic case of prosecutorial tunnel vision.

As Texas Sen. Rodney Ellis so aptly points out, “The role of the prosecutor is to discover the truth, but oftentimes there’s more interest in getting a conviction.”

Morton’s case is one of hundreds that highlights flaws within the Texas criminal justice system. However, the question remains: Will Texas actually see this case as a sign that serious criminal justice reforms are necessary to prevent prosecutorial misconduct and the continuance of wrongful convictions?

(Check out a related post over at Grits for Breakfast.)

Morton Case Sparks Calls for Texas Evidence Law Reform

by Brandi Grissom

Not long after his mother was murdered, 3-and-a-half-year-old Eric Morton began to tell his grandmother what he had seen that terrible day.

“Mommy’s crying. She’s — Stop it. Go away,” his grandmother said he told her. She asked why his mother was crying.

“’Cause the monster’s there,” Eric said.

Gingerly, she pressed for more details.

“He hit Mommy. He broke the bed,” her grandson said.

“Is Mommy still crying?”

“No, Mommy stopped.” (more…)

Lock ’em up: Mass incarceration and the juvenile justice system

By Melanie Wilmoth

A report released today by the Annie E. Casey Foundation explores the impact of juvenile corrections on American youth and brings to light many of the flaws in the U.S. juvenile justice system.

Mass incarceration is not just a problem faced by adults in the system. Juveniles face similar rates of over-incarceration with over 60,000 American youth being held in correctional facilities. In addition, mirroring the adult justice system, youth of color are significantly over-represented in the juvenile justice system.

Interestingly, the mass incarceration of youth is largely a U.S. problem. Although many other developed countries are similar to the US in their rates of youth arrests, they have substantially lower youth incarceration rates:

“A recently published international comparison found that America’s youth custody rate (including youth in both detention and correctional custody) was 336 of every 100,000 youth in 2002 —nearly five times the rate of the next highest  nation (69 per 100,000 in South Africa).”

There are many alternatives to incarceration that are more effective in rehabilitating youth and reducing overall crime rates, and the findings in this report suggest that other countries have found ways (other than mass incarceration) to address juvenile delinquency.

If this is so, why does the U.S. continue to lock up juveniles at such alarming rates? (more…)

The hardest cases: When children die, justice can be elusive

Ernie Lopez

The following story, produced in collaboration with PBS “Frontline” and NPR, is based on the investigations of dozens of cases in which flimsy evidence was used to wrongfully accuse and convict individuals in cases where children were killed. Child death cases are never easy. Often, the desire to “get to the bottom of the case” and obtain justice for the victim can cloud the judgement of those involved in researching and investigating the case. The stories of the individuals below highlight the need for more thorough investigations and stricter regulations around the use of forensic pathology to ensure a fair and just criminal justice system. MW

The Hardest Cases: When Children Die, Justice Can Be Elusive

by A.C. Thompson and Chisun Lee, ProPublica, and Joe Shapiro and Sandra Bartlett, NPR

Her name was Isis Charm Vas and at 6 months old she was a slight child — fifth percentile in height and weight.

When the ambulance sped her to Northwest Texas Hospital on a Saturday morning in October 2000, doctors and nurses feared that someone had done something awful to her delicate little body.

A constellation of bruises stretched across her pale skin. CT scans showed blood pooling on her brain and swelling. Her vagina was bleeding, as well. The damage was so severe that her body’s vital organs were shutting down.

Less than 24 hours later, Isis died.

An autopsy bolstered the initial suspicions that she’d been abused. Dr. Joni McClain, a forensic pathologist, ruled Isis’ death a homicide and said the baby had been sexually violated. McClain would later describe it as a “classic” case of blunt force trauma, the type of damage often done by a beating.

The police investigation that followed was constructed almost entirely from medical evidence. In the end, prosecutors indicted one of the child’s babysitters: Ernie Lopez.

Today, Lopez is serving a 60-year prison term for sexual assault and is still facing capital murder charges.

But in the years since Lopez was sent to the penitentiary, a growing body of evidence has emerged suggesting that McClain and the hospital staffers were wrong about what happened to Isis — and that her death was not the result of a criminal attack. (more…)

Troy Davis and the growing case against eyewitness ID

by Melanie Wilmoth

The case against Troy Davis hinged on the eyewitness testimony of several individuals who claimed that Davis shot police officer Mark MacPhail. Many began to have serious doubts about Davis’ guilt, however, after several witnesses recanted their original testimony. Despite witness recantations, hundreds of thousands of petitions, and international protests against Troy’s execution, the state of Georgia remained steadfast in its belief that Davis was guilty and, ultimately, executed him.

In a recent Associated Press article, Michael Tarm and Eric Tucker highlight how the controversy around Troy Davis’ execution has sparked debate about the accuracy of eyewitness identifications.

Davis’ execution came at a time in which the reliability of eyewitness identifications was increasingly questioned. Studies on the fallibility of human memory as well as a host of recent DNA exonerations have contributed to the doubt surrounding the accuracy of eyewitness ID, and increased concerns that these identifications may lead to wrongful convictions.

Just last month, we reported that the New Jersey Supreme Court decided to reform rules around eyewitness ID, requiring more rigorous evaluations of eyewitness identifications and making it easier for defendants to challenge eyewitness testimony. Several other states have recently attempted to reduce the reliance on eyewitness identification as well.

As Tarm and Tucker point out, the doubt surrounding Davis’ conviction and subsequent execution will likely “fuel the eyewitness ID debate” and will hopefully lead to more sound rules and regulations regarding the use of eyewitness identification. Check out what they have to say in their article below.

You may also want to check out a related article published by Time Magazine.

Troy Davis execution fuels eyewitness ID debate

(AP)  SAVANNAH, Ga. — When Georgia executed Troy Davis last week, it brushed aside international protests that too many witnesses had recanted trial testimony that he was the gunman who killed a police officer in 1989.

The issue raised in Davis’s case, however, is getting harder to ignore. With scientific studies showing the human memory can be surprisingly faulty, the once-damning weight of eyewitness testimony has come under question in courts and state legislatures. (more…)

Deinstitutionalization and the criminalization of mental illness

By Melanie Wilmoth

A recent NPR story sheds light on the growing number of people with mental illnesses residing in America’s prisons and jails. Rather than treating mental illness with therapy and treatment programs, the government uses the criminal justice system as a warehouse for people with mental health issues. With little capacity to provide mental health services, US prisons and jails struggle to treat these individuals.

The increasing “criminalization of mental illness” dates back to the 1950’s when the federal government first began its push for deinstitutionalizing individuals with mental illnesses. There were two main aspects of deinstitutionalization: individuals would be taken out of state-run mental institutions (many of which had a reputation for inhumane treatment) and then treatment would be provided through community mental health programs. In theory, deinstitutionalization sounded promising. People would be moved out of restrictive state institutions and moved into community-run programs. However, deinstitutionalization backfired when community mental health services lacked funding. Thus, people were removed from institutions and received no support services or treatment for their mental illness. As a result, those who were deinstitutionalized ended up homeless or in prison. (more…)