[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. ____________________