[Congressional Record Volume 154, Number 52 (Thursday, April 3, 2008)]
[Extensions of Remarks]
[Pages E498-E500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DECLARING THE STATE OF INJUSTICE AN EMERGENCY
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Thursday, April 3, 2008
Mr. RANGEL. Madam Speaker, I rise today to declare that we have an
emergency on our hands--not altogether new but altogether urgent.
African Americans are hurting, caught in a justice system that
disproportionately targets them, facing aggressive and often violent
law enforcement, and victimized by a steady rise in racial intolerance
and intimidation. These are Americans in need, and Americans of all
stripes must find ways to come together in the spirit of compassion and
generosity when our own is in need. That same spirit is required of us
now, to move with all deliberate swiftness in correcting injustices and
finding solutions to the disparate treatment of Blacks in this society.
In a recently released report from the National Association for the
Advancement of Colored People, ``State of Emergency: Stemming the Tide
of Injustice against African Americans,'' a solemn picture is depicted.
Facing a startling number of police beatings, the shooting deaths of
unarmed Blacks, and the excessive use of force against minority youth,
a majority of Blacks today do not believe that police are held
accountable for acts of misconduct, an NAACP survey finds. Even that
perception, divorced from its almost-certain reality, is reason enough
to be concerned. lust this past year, new cases of inexcusable police
brutality sprung up across the country, many involving the deaths of
young African Americans and the complete acquittal and absolution of
the officers who perpetrated the offenses.
As the galvanizing Jena 6 case taught us, we sometimes treat our
Black children harsher than we treat our White children in the
courtroom. The NAACP report finds that when White and minority youth
are charged with the same offenses, Black youth are six times more
likely to be incarcerated than White youth are. We cannot afford to
give up on any of our youth--Black or White--and we must commit the
resources to invest in their rehabilitation and educations. We will,
one day soon, rely on that generation.
The reemergence of the hangman's noose as a symbol of fervid threat
and unspeakable hatred is more than troubling. It represents a
regression in the remarkable progress we have made in this country in
terns of race relations. Since early 2006, there have been 43 reported
noose hangings, the overwhelming bulk of those, 32, since the Jena 6
rally this past September. The lackadaisical and nonchalant response on
behalf of authorities seems to have spawned this new wave. We must send
the clear message that these nooses are neither harmless nor
ambiguous--they are unveiled throwbacks to a Jim Crow era of public
lynchings and racist terrorism. It is as direct a threat as words can
be and has no place in America but as sad artifacts of still-recent
history. We are today, however, so much better than that.
We move forward now sobered by these unfortunate findings but focused
on an optimistic plan that unifies all Americans in this call for
greater equality. A community policing that trains officers in cultural
awareness, teams tip officers with minority communities in a working
relationship, and without bias prosecutes officers for misconduct works
best. So, too, does a colorblind justice system that doles out
punishment evenly and without prejudice, one that works to free our
youth from lives of criminality and tap, instead, into their reservoir
of talents and skills.
I have no doubt the American people have the commitment and resolve
to get this done. I am hopeful that for our government, our law
enforcement, our justice system, we can say the same.
State of Emergency: Stemming the Tide of Injustice Against African
Americans
Introduction: State of Emergency
The case in which six black teens were arrested and charged
with attempted murder for their part in a fight with fellow
white students in Jena, Louisiana captured the country's
attention. How is it that the black teens involved in the
fight could be charged with attempted murder while the white
students, whose racially-motivated actions presumably led to
the schoolyard tussle, receive little more than a slap on the
wrist?
Unfortunately, Jena is not an isolated case; rather, it is
but one of many that are reminiscent of a disturbing trend
involving the disparate treatment of African Americans in the
criminal justice system. The latest examples include a boot
camp beating death and an assault of black youths by
representatives of law enforcement. In addition to the
reprehensible treatment of youth at the hands of law
enforcement officials, there has also been a startling
increase in the number of hangman's noose sightings around
the country.
If one were to take the aforementioned examples, coupled
with the fact that racial harassment complaints filed with
the Equal Employment Opportunity Commission (EEOC) have more
than doubled from just over 2,000 in 1991 to roughly 7,000
today, I one might conclude that a steady stream of racial
intolerance has resurfaced. Some individuals might view the
series of incidents
[[Page E499]]
noted throughout this report as isolated incidents; others
will view them as part of a larger systemic tide stubbornly
connected to the history of American race relations. What is
clear to anyone who cares about civil rights, however, is
that the disparate treatment of blacks in the justice
system accompanied by racial intimidation is unacceptable.
Not only do the police beatings, disparate sentencing
cases, and noose hangings suggest movement toward a more
hostile environment directed at blacks, but they call into
question the extent to which African Americans really are
viewed as a part of the American collective. A recent NAACP
survey found that a majority of blacks do not believe the
police are held accountable for acts of misconduct including,
excessive use of force. Furthermore, they believe that when
police use excessive force, they are more likely to exact it
against African Americans than other racial and ethnic
groups. The sentiment expressed by blacks in this survey is
not new and demonstrates a consistency in the belief that
``the system'' works differently for blacks and whites. The
disparate treatment of the Jena 6 defendants, the shooting
deaths of unarmed blacks, and even the disparity in the rate
at which black and Latino motorists are stopped and searched
for drugs even though they are less likely than whites to
actually have them, all serve to intensify the feelings of
skepticism and mistrust toward the American criminal justice
system.
It is in this context that the NAACP declares a State of
Emergency.
the context of injustice today: police misconduct, prosecutorial
discretion, and racial intimidation
police misconduct
Regrettably, many African Americans are aware of police
misconduct in this nation's history, be it in the form of
excessive use of force, brutality, or racial profiling.
Oftentimes this familiarity is a result of first-hand
experience or that of family members or friends. Therefore,
the more recent instances of police misconduct, no matter how
shocking, confirm what many blacks already believe about the
American criminal justice system: that justice is not always
leveraged fairly. Indeed, when law enforcement officials who
are charged with beatings or other forms of misconduct are
acquitted, the assertion of an unequal system is further
corroborated. What follows are examples of alleged incidents
involving black youth and adult mistreatment, death, or both
at the hands of police since 1999.
New York--18-year-old Khiel Coppin was shot 20 times when
five officers opened fire killing him. Police believed Coppin
was holding a gun; it turned out to be a hairbrush. (2007)
Florida--15-year-old Shelwanda Riley was thrown around,
punched, and pepper sprayed by a police officer, a man twice
her size, as he tried to arrest her for a non-violent curfew
violation. (2007)
Maryland--17-year-old Isaiah Simmons died after struggling
with several adult staff members of a residential program
under contract with the Maryland Department of Juvenile
Services. Witnesses and staff sat on Simmons' limbs, chest
and head. The state medical examiner ruled his death a
homicide, however, the staffers were charged with reckless
endangerment--a misdemeanor. (2007)
Washington, DC--14-year-old DeOnte' Rawlings was fatally
shot by an off-duty officer for allegedly stealing a mini-
bike and shooting at the officer during a foot chase. An
autopsy found no gunshot residue on Rawlings and several
suspicious injuries to his elbows, knees and face. (2007)
Florida--14-year-old Martin Lee Anderson died while in
custody at the Bay County Boot Camp. An all-white jury
acquitted deputies and a nurse who participated in the
videotaped violent abuse that resulted in Anderson's death.
(2006)
New York--23-year-old Sean Bell was leaving a bar after his
bachelor party unaware that he and his friends were being
followed by an undercover officer. Once accosted by the
officer a confrontation ensued in which the officer said he
believed Bell and his friends were going to retrieve a gun.
During that confrontation, five officers fired 50 shots at
the men's car, killing Bell and wounding his fiends. No gun
was found in the car. (2006)
Georgia--Kathryn Johnston, an elderly woman, was shot 30
times by Atlanta police who entered her home with a
fraudulent warrant. Two or three officers involved plead
guilty to manslaughter. (2006)
Wisconsin--Frank Jude was beaten at a house party while
unarmed. The three off-duty Milwaukee police officers were
charged but acquitted. (2004)
New York--19-year-old Timothy Stansbury was shot and killed
by police as he was attempting to climb to a rooftop with a
pile of CDs in his pants. He was using the rooftop as a
shortcut to go to a party in an adjacent building. The
officer claimed he fired at Stansbury by accident and was
cleared of criminal responsibility. (2004)
California--16-year-old Donovan Jackson-Chavis was slammed
to the ground, tossed into the air, and bounced on the hood
of a squad car and chocked by police as they handcuffed him
for allegedly not dropping a bag of potato chips at a
convenience store. The incident was videotaped. (2002)
Ohio--Timothy Thomas was fatally shot by police during a
foot chase. Cincinnati Police said Thomas, who was wanted for
traffic violations, was reaching for a gun. An investigation
showed that Thomas was unarmed and was holding his pants up
as he ran. The officer was cleared on the shooting charges.
(2001)
New York--Amadou Diallo was killed when police shot him 41
times. He was unarmed. (1999)
prosecutors and judges: courtroom injustice
According to a report on racial disparities in the juvenile
system, although minority youth are one-third of the
adolescent population in the United States, they are two-
thirds of the more than 100,000 young people confined to
local detention and state correctional systems. The report
notes that when white youth and minority youth are charged
with the same offenses, black youth with no prior
admissions are six times more likely to be incarcerated
than white youth with the same background. Latino youth
are three times more likely than white youth to be
incarcerated. Additionally, youth cases that are sent to
the adult court system involve black defendants at least
fifty percent of the time--a number that increases to
sixty-three percent when the cases involve drugs.
Nationally, custody rates are five times greater for
African American youth than for white youth, and among all
offense categories, white youth are more likely than
minority youth to be placed on probation.
Judges and prosecutors have a certain amount of discretion
within the confines of the law to determine which charges to
seek in a given case. However, as the examples below suggest,
prosecutors and judges can and do exact uneven punishment by
using the law in unintended ways. This is not a minor issue
of concern if one considers that abuse of sentencing power
has the potential to destroy lives.
recent examples:
Marcus Dixon--a Georgia high-school honors student was
charged with rape, assault and aggravated child molestation
for having consensual intercourse with a younger white
classmate. Dixon was held for over a year; his 10-year
conviction was overturned once it was discovered that the
Georgia prosecutor had misled jurors.
Genarlow Wilson--a talented Georgia high-school student and
athlete was sentenced to 10 years for having consensual oral
sex with a younger classmate. Wilson's felony conviction of
aggravated child molestation was recently amended to a
misdemeanor, however, Wilson spent more than two years in
prison. Interestingly, as Wilson was being sentenced to 10
years in prison, a white 27 year-old Georgia high school
teacher who had sexual intercourse with a 16 year-old male
student was sentenced to 90 days in jail and probation.
Mychal Bell--a Louisiana high-school student charged with
attempted murder for a fight that ensued between six black
students and white students following a noose hanging on the
school's unofficial ``white tree.'' The white students
involved in the fight were expelled and then later reinstated
but not arrested, despite having engaged in other incidents
against the black students. The black students were charged
as adults with attempted murder for their part in the fight.
No one was ever arrested for hanging the noose on the tree.
Shaquanda Cotton--a 14 year-old Paris, TX freshman shoved a
hall monitor in a dispute over entering the building before
the school day started. The hall monitor was not seriously
injured but Cotton was convicted of assault of a public
servant and sentenced to prison for up to 7 years. Meanwhile,
a 14 year-old white girl was convicted of burning down her
family's home and received probation. In the same town of
Paris, a 19 year-old white man was convicted of negligent
vehicular homicide for killing a black woman and her
grandson. He received probation and was ordered to send
annual Christmas cards to the victims' family.
racial harassment and intimidation: noose hangings
``What's the big deal? It's only a noose...'' Why the
hangman's noose is so offensive. The hangman's noose is a
symbol of the racist, segregation-era violence enacted on
blacks. A frequent part of the Jim Crow Southern way of life,
it is an unmistakable symbol of violence and terror that
whites used to demonstrate their hatred for blacks. The noose
was not used as a mechanism to punish an individual; it was
used to send a message to blacks in general about respecting
the racial boundaries and to not ``get out of place.''
Similar to a burning cross on a lawn, a noose is not an
ambiguous symbol. In the pre-civil rights era the noose was a
very specific artifact used in the lynching of blacks.
Lynchings were big community events in which hundreds of
white families would come to watch a black man being burned
and mutilated before he was hung. Those in attendance would
even pose for pictures with the charred body.
Since the dangling noose from a schoolyard tree raised
racial tensions in Jena, Louisiana last year, the symbol of
segregation-era lynchings has turned up at an alarming rate
all around the country. Some have been found in fire stations
and police stations, in truck yards and construction sites,
in corporate places of business, and on college campuses.
What follows is an overview of reported noose hangings since
early 2006.
At the time of this report's release 43 known noose
hangings have occurred since early 2006. A review of the
occurrences shows
[[Page E500]]
a pattern of noose hanging incidents in places of business
and in school environments, with a significant increase
following the media attention given to the Jena 6 case and
the subsequent rally. That is, 11 cases were noted between
February 2006 and August 2007; however, 32 noose incidents
occur following the Jena 6 rally that took place in
September. A strong pattern of noose hanging incidents seems
to emerge in the northeast and southeast regions of the
country.
____
Recently Reported Noose Incidents
Date, Location, and Incident:
Feb 2006, Jacksonville, FL, two black firefighters discover
nooses at the fire station where they work. Both firefighters
are placed on administrative leave.
Mar 2006, Conroe, TX, Black employee is choked in the
bathroom by white employee.
Mar 2006, Newark, NJ, in an attempt to punish a student for
not doing his homework, a substitute teacher instructs the
student to stand on a chair, ties a noose around his neck,
and kicks the chair.
Apr 2006, Bradenton, FL, noose found at entrance of
Bayshore Elementary School.
July 2006, St. Louis, MO, noose hanging outside a holding
cell in a civil court building. Two white employees and 1
black employee responsible for ``practical joke''.
Oct 2006, Baltimore, MD, Sigma Chi fraternity at John
Hopkins University hosts a Halloween in the Hood party and
uses a skeleton to imitate a noosing.
Oct 2006, Punta Gorda, FL, Mike Whiteaker has hung nooses
in his front yard for 4 years and threatens to hang more.
Dec 2006, Jena, LA, A noose is found hanging under the high
school's ``all-white tree'' after a black student sits there.
July 2007, New London, CT, Noose found on the bag of a
black Coast Guard Academy cadet.
Aug 2007, Germantown, TN, 3 employees at Germantown
Performing Arts Center hang a noose backstage as a practical
joke.
Aug 2007, New London, CT, Noose found on the floor of a
white woman co-worker who had been conducting race relations
training in response to a previous noose sighting.
Sept 2007, Baltimore, MD, Noose hanging from tree near
black student center on University of MD College Park campus.
Sept 2007, Greenville, NC, ``Noose like'' piece of rope in
basement of residence hall at East Carolina University.
Sept 2007, Alexandria, LA, 2 men with nooses hanging from
pick-up truck right after Jena rally.
Sept 2007, High Point, NC, 4 nooses spotted at Andrews high
school--2 from a tree, 1 in the bus parking lot, 1 on the
flag pole.
Sept 2007, Grambling, LA, At Grambling Lab's elementary
school noose placed around kindergartner's neck as part of
mock rally.
Sept 2007, Gurnee, IL, High school student hurls racial
slurs at 2 black female students with nooses displayed from
rearview mirror.
Sept 2007, Watchung, NJ, Holiday store in shopping center
depicts Halloween scene showing a stuffed doll resembling a
black man wearing a labor suit, hanging from a noose.
Sept 2007, Long Island, NY, Hampstead police find noose in
men's bathroom.
Oct 2007, Columbia, SC, Nooses found hanging from a tree
outside a high school. 2 teens--1 white and 1 biracial
responsible.
Oct 2007, O'Hara Township, PA, Construction worker finds
noose hanging from 2nd floor of construction site.
Oct 2007, Pittsburg, PA, Housekeep at Allegany General
Hospital found a noose in a 10th floor hospital room.
Why Does This Injustice Matter?
All of the recent events noted above, particularly as they
relate to police misconduct and prosecutorial discretion,
shine a light on the racial inequality that is apparent in
the American criminal justice system. The overly aggressive
handling of black youth by law enforcement entities as well
as the racially discriminatory use of prosecutorial
discretion represent a blatant disregard for the appropriate
application of the law. In the noose cases, a few
perpetrators were reprimanded: some cases remain under
investigation while many have been dismissed as pranks. The
undertone here seems to be reluctance on the part of some
public and private entities to address hate crimes.
The problem of aggressively dealing with crimes of hate as
well as racially disparate treatment in our criminal justice
system must be addressed at every level of governance--from
small towns and counties to major metropolitan cities. When
the very people who are the caretakers of America's criminal
justice system do not believe in equality under the law, it
sends a message that racism and hate are acceptable.
The criminal justice system must live up to its
Constitutional obligations to serve and protect all Americans
with dignity and fairness regardless of race, ethnicity,
gender, or religious creed. The violence and intimidation
being witnessed today against African Americans is
unacceptable and must be tackled head on. Racial disparity in
the handling of the law makes a mockery of American
democracy, suggesting that all persons are not viewed as
being equal under the law.
What Can Be Done to Address the Current Tide of Injustice?
There are a number of steps that can be taken to address
the seemingly hostile environment currently being witnessed.
Big Picture
Vote to put into office individuals who are committed to a
federal government that values civil rights enforcement. Many
appointments to the U.S. Department of Justice and the EEOC,
for example, come through the Executive branch. The U.S.
Congress has the power to initiate and press for changes in
hate crimes legislation. Congressional members also have the
ability to deny confirmation of judges who are hostile to
civil rights.
Hold state and local officials accountable as well. Push
for State Attorney Generals and prosecutors to apply the law
equally for all citizens and when they fail to do so, call
them on it. Those who are charged with enforcing civil rights
laws need to do their jobs.
Other advocacy steps that can be taken (depending on the facts and
circumstances of a case in a given community):
Advocate for more police training on cultural awareness and
how to interact effectively with minority communities. In
order to be effective in communities of color, police
officers must have the trust of the communities they serve.
Until the scourge of abuse has been addressed, police
officers will not be as effective in those communities, and
the assertion that the American criminal justice is one that
exacts fair treatment across the board will continue to be
highly suspect;
Advocate for more police training on 4th amendment
(unreasonable search and seizure), 5th amendment (protection
from self-incrimination), and 14th amendment (equal
protection under the law) issues;
Call for the swift prosecution of police officers and other
law enforcement officials who engage in undeniable misconduct
against civilians;
Engage in greater outreach and education to African
Americans on their rights in dealing with law enforcement
(e.g., Miranda rights) as well as how to file a complaint
should they become the victim of misconduct at the hands of
police. In addition to highlighting African American mistrust
of the police, the 2007 NAACP opinion survey also shows that
a third of black respondents do not know if their local
police department has a review process by which it
investigates allegations of police misconduct or excessive
use of force. Additionally, more than a third of the
respondents indicate that they would not know where to go or
what to do to file a formal complaint concerning misconduct;
Call attention to cases where overcharging for an offense
and disparate sentencing for the crime are clearly evident.
Insist that local/state governmental entities and the
academic community begin to collect data on these instances
and produce more studies on overcharging and disparities in
sentencing in order to highlight what is happening. The civil
rights community can use this information to alert the public
and force those within the justice system to explain these
phenomena;
Call on the Ethics Commission of the American Bar
Association in the states to investigate overzealous
prosecutors and judges who seem to have a pattern of applying
the law unevenly when it comes to minority and white
defendants;
Advocate for greater diversity and sensitivity training in
schools and in the workplace. Some of the perpetrators who
have been held responsible for recent noose hangings have
indicated that they did it as a ``practical joke.'' Other
perpetrators were clearly being malicious. Places of business
and educational centers must do a better job of letting their
employees and students know that such intolerance is
unacceptable;
Advocates should push for tougher prosecution of hate crime
laws by local and state officials. For example, the state
senate in New York has passed a bill that makes it a felony
to display a noose in a threatening manner.
A Note on Hate Crime Legislation
Federal hate crime legislation permits federal prosecution
of hate crimes committed on the basis of a person's race,
color, religion, or nation origin when engaging in a
federally protected activity. This includes the federal
government being able to intervene in the investigation and
prosecution of hate crimes if they occur on federal property
or if the victim was participating in one of six specific
activities such as voting. Legislation currently pending
(H.R. 1592 Local Law Enforcement Hate Crimes Prevention Act)
would expand existing hate crime prevention laws and allow
the federal government to assist local authorities in the
investigation and prosecution of hate crimes regardless of
what the victim was doing at the time of the crime. It would
also expand the definition of a hate crime to include those
motivated by the victim's disability, gender or sexual
orientation and it would provide money to states to develop
hate crime prevention programs. To date, 45 states and the
District of Columbia have statutes criminalizing various
types of bias-motivated violence or intimidation (the only
states that do not are AR, GA, IN, SC, WY). Each of these
statutes covers bias on the basis of race, religion, and
ethnicity. The federal government as well as 27 states and
the District of Columbia have statutes requiring the
collection of hate crime statistics.
____________________