The news came out recently about Kalief Browder - a young man who spent three years in Rikers Island, not because he was convicted of a crime, but because he was charged with a crime for which all charges were eventually dropped. He made the news because he committed suicide over the psychological scars inflicted from his unjust imprisonment and years of solitary confinement.
As a 10th grade student, he was arrested and charged with stealing a book bag belonging to another student. You would think that might be a petty larceny at worst, and you would think given his age, he might be put into the juvenile justice system. You would be wrong on both counts.
There was no evidence he ever stole the book bag in question, yet he was charged and sent to Rikers Island, a prison notorious for its abuse and neglect of prisoners, and which was called one of the ten worst prisons in the United States. The abuses at Rikers Island in themselves warrant a lengthy discussion, but included beating prisoners and allowing prisoners to beat, rape, and abuse each other.
So why was Kalief Browder at Rikers Island so long? There was bail set on him, which unfortunately his family could not raise, because of their poverty. Since his family was poor, they were forced to rely on public defenders who are notoriously overworked and often underskilled. The district attorney offered a plea deal, but Browder said he was not going to plead guilty to something he didn’t do. He spent three years in Rikers Island without ever receiving a trial, before all charges were dropped.
You would think that the justice system is supposed to produce justice of some sort, but for poor people, particularly poor black people, injustice seems to be far more frequent. If there was so little evidence that the charges were dropped, then why did it take three years for that to happen? Aren’t Americans supposed to have the right to a speedy trial to determine guilt or innocence? If you have money and a private attorney, you can have that, but then you can also likely make bail easily.
We in fact have a two tier system of “justice”, with a gentler type of justice for people who are better off, and a far harsher type of “justice” for the less well off. Why do we allow poor people to be abused by our so-called justice system? To the mass of people, these folks are considered criminals, whether found guilty or not. The assumption too often is that if they aren’t guilty of what they are charged for they are likely guilty of something else. The people want “these folks” kept away from “good law-abiding people”, and they don’t really care about the innocence or guilt.
What about the district attorneys? They want to show that they are “tough on crime” and want to show a success rate in prosecuting “criminals”. If they can get an innocent person to plead guilty to something they didn’t do, that is a “win” for them. It isn’t justice, but they look good.
Police have gotten caught up in the “broken windows” method of policing, so even minor offenses are charged and prosecuted to the fullest. Judges see endless strings of cases with tens of thousands of accused, often protesting their innocence. This gives everyone a very cynical view of accused criminals, and no reason to dismiss things which in truth should be ignored or dealt with by a warning.
We end up with Kalief Browder spending years in jail, without ever being convicted. We end up with Eric Garner choked to death because he had a history of selling loose cigarettes. We end up with Walter Scott being shot in the back for running away from police after a stop for a broken taillight. We end up with Freddie Gray being killed by police abuse because he ran away from cops who ‘thought he looked suspicious’. We end up with Tamir Rice being shot to death for playing with a toy gun in a playground. We end up with John Crawford being shot to death for carrying a toy gun in Wal-Mart.
Would that these were the only abuses, but they are the tip of the iceberg. We have a justice system that seems to be out of control when it comes to dealing with poor people, and particularly poor black people.
We need reform of our justice system. We need police who are less inclined to pull the trigger, just because someone does not cooperate. We need a policing system working with the community to deal safely and fairly with serious crime, and not obsess over petty infractions. We need prosecutors who will dismiss charges quickly when the evidence doesn’t warrant prosecution. We need judges less inclined to ‘throw the book’ at people convicted or accepting a plea deal. We need a prison system that reforms and deals humanely with prisoners. We only get these things when the mass of people makes it clear that we insist on it.
We need to do this before we end or ruin even more lives.