[Congressional Record (Bound Edition), Volume 154 (2008), Part 4]
[Extensions of Remarks]
[Pages 5160-5163]
[From the U.S. 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.

[[Page 5161]]

  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 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.

[[Page 5162]]




                            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 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-

[[Page 5163]]

     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.

                          ____________________