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Criminal Justice System Overhaul Needed, Say Analysts and Activists

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by Charlene Muhammad
Special to the NNPA from The Final Call

(FinalCall.com) – In 2014 Black America’s suffering increased at the hands of angry White men in black and blue, who are sworn to protect and serve. But responses to police killings and attacks must be stricter and stronger because police reforms have not worked, analysts say.

 “The police represent the state. They are not there to serve the interest of the people, so we have to start with that concept,” said Elaine Brown, a former Black Panther leader. The long-time activist said she couldn’t point to any police reforms that have worked, but she offered some that wouldn’t be difficult to enact, starting with community policing and residency as a priority for qualifying officers.

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Former BART officer Johannes Mehserle who fatally shot unarmed Oscar Grant III in Oakland in 2009.

Officers also need to get out of cars and walk streets, instead of patrolling all day and then jumping out on people and shooting, she added.

“Ain’t nobody going into Beverly Hills slapping nobody upside the head and shooting people because they ran out the store, but kids are stealing all day long in Beverly Hills. But the police are out there. They’re Officer Friendly. Everybody knows them,” Ms. Brown said.

“But in the case of the Black community, given our oppressed and depressed status, then we should have police that understand that community. So if they don’t live there, they should at least be walking the beat, so they know Mr. Jones is going to get drunk on Friday night, so there’s not a reason to kill him, or those boys are doing whatever it is they’re doing, but it’s a question of community control,” she said.

Part of community control can be reflected in simple reforms, but not cameras, she said. “We already know what that does: Nothing. Although that’s helpful at the end of the day if the camera’s turned on, if they’re not lying and fixing up stuff, acting like it didn’t work that day, and all of that other stuff they do,” Ms. Brown argued.

People need a police force that actually has a relationship in the community, but many forces are strikingly different, like Oakland, where at minimum 80 percent of the police are White and don’t live there, Ms. Brown told The Final Call.

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In Ferguson, Mo., the epicenter for protests against police killings and brutality, Blacks make up more than 67 percent of Ferguson’s population, yet there are only three Blacks on its 53-man police force. “You’ve got racial divide. You’ve got White cops policing Black communities … and that’s not to say that the Blacks don’t often participate in this stuff; but generally speaking, if you live in the neighborhood, you ain’t going to be shooting Billy Bob like it ain’t nothing. You’ve got to go home. It’s just a practical question really,” Ms. Brown argued.

The irony, she said, is the recent spate of police killings didn’t occur in the South, but rather in places like New York. Then there was the non-indictment of officers in the Aug. 5 police killing of John Crawford in a Walmart in Dayton, Ohio, which has many feeling it’s “open season” on Blacks.

Between Michael Brown, Jr., the unarmed 18-year-old shot to death in Ferguson and John Crawford, killed in the toy gun aisle of a Wal-Mart, there were other Black and Latino men, youth and women slain by police.

Even the outgoing U.S. attorney general admits crime reduction is tied to public trust. In early December, Attorney General Eric Holder said President Barack Obama had instructed his team to draft an executive order creating a Task Force on 21st Century Policing. The task force will prepare a report and recommendations within 90 days of its creation.

President Obama has also proposed a three-year, $263 million investment in 50,000 body-worn cameras for police officer, expanded training for law enforcement agencies, and additional resources for police reform, including additional opportunities for the Department of Justice to facilitate community and local law enforcement engagement.

“Particularly in light of  recent incidents we’ve seen at the local level and the concerns about trust in the criminal justice process which so many have raised throughout the nation, it’s imperative that we take every possible action to institute sound, fair and strong policing practices,” Atty. Holder said.

The Justice for Mike Brown Leadership Coalition’s Five Point Plan of Action calls for creation of civilian review boards, use of cameras and cell phones to document encounters with police and creation of a national database to document charges of police harassment and brutality.

The National Urban League’s 10 recommendations include review and revision of police use of deadly force policies, widespread use of body and patrol car dashboard cameras, and appointment of special prosecutors to investigate police misconduct.

Many aren’t convinced such “reforms” will do much good. “Let’s just say they did work. The lapel cameras can show a police officer in the wrong, and, they go before a grand jury. We’ve still got to get past the grand jury level. We’ve still got to get past a district attorney who is going to prosecute that police officer … his best friend,” commented Cephus “Uncle Bobby” Johnson.

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A group of protesters chant “Black lives matter” outside of a window of the West Oakland Bay Area Rapid Transit (BART) train station after 14 protesters were arrested after they formed a human chain on a platform to stop trains from moving in Oakland, Calif., Nov. 28.

Despite reforms gained by his family and the Oakland community after former Bay Area Rapid Transit officer Johannes Mehserle fatally shot his unarmed nephew Oscar Grant, III. on a station platform on Jan. 1, 2008, not much has changed, said the activist.

If by chance people get past a prosecutor, they still have to deal with juries that are so overwhelmed with White supremacy that Blacks, Whites and Latinos tend to rule in favor of police, Mr. Johnson continued.

People can still be forced to peel away layers of the criminal justice system, only to be denied justice by a judge who overturns a just jury verdict, as did L.A. Judge Robert Perry in his nephew’s case, Mr. Johnson said.

We’ve seen it over and over again … in reality, it’s no fairness. It’s just protection of police officers, so the simple reforms of a police officer does not take away the ill-effect of the criminal justice system. This whole system has to be revamped,” he told The Final Call.

The Justice for Oscar Grant movement was able to get lapel cameras for officers, additional training on handling mental health patients, a law allowing for an independent auditor that would report directly to the BART Board and investigate public complaints, an 11-man citizen review board to participate in disciplinary actions and 81 recommendations tied to police use of force, training, and community engagement. The suggestions came out of an independent review of BART by the National Organization of Black Law Enforcement Executives.

“Whether those reforms have done anything or actually helped, I’d have to say from what I’m seeing on a consistent basis, no,” Mr. Johnson said.

The oversight review board and the auditor were never adequately funded by BART and both are controlled by the police chief, who can deny any claim, he continued.  While people can appeal to the department’s general manager, normally, the general manager will side with the chief, so no real improvements have been made, Mr. Johnson said.

“In many respects, we still have no real ability to implement any kind of punishment or terminate a police officer when they’re actually in the wrong,” Mr. Johnson said. As for lapel cameras, officers still aren’t turning them on when needed, he said.

BART police are supposed to activate cameras before making contact with anyone, but in Dublin, Calif., where one officer was shot by another during a probation search, none of the officers present either wore or activated their cameras, he noted.

“These officers are turning them on and off at will to cover themselves when they know they’re in the wrong. Again, here we have another failure of some type of reform when it comes to cameras not working. Officers can’t be held accountable if the lapel cameras are not turned on, or, if they’re turned off during encounters, there has to be real harsh discipline, and that isn’t taking place,” he said.

In mid-April, activists pressed to no avail Los Angeles Police Chief Charlie Beck to find and discipline officers who broke antennas on police vehicles and interfered with audio recordings made while patrolling predominantly Black and Brown communities.

Officers removed 72 of approximately 160 antennas from cars that patrolled South L.A. the L.A. Times reported. Officials didn’t investigate who broke the antennas, nor did department officials, but they did issue warnings and put an antenna tracking plan in place for each shift.

In the midst of #BlackLivesMatter protests over the non-indictments in the Michael Brown, Jr. and Eric Garner killings, activists noted that police murders of Blacks have a long history and are not something that occurred overnight.

Calls for reform aren’t new either, activists note.

“First of all, they don’t need no reform. They already know the law,” insisted Amen Rahh, professor emeritus of Africana Studies at California State University-Long Beach. “It’s the whole criminal justice system, not just the police beating you and shooting you. It’s the justice system that lets them go when they do it.”

“They don’t need reform to treat White folks. Why they need reform to treat us? They just need to have a balance, and they must pay a price, a national price, whenever they hurt any African American anywhere.”

Prof. Rahh recommended using an independent Black political party to push legislation that punishes abusive cops and hold hearings on violations of law. Blacks also need a national economic policy and must pursue their own agenda to survive, he added.

“As long as we’re marching for peace, reform and policy change, they’ve been dealing with that for years. They don’t care about that, because they’ve been killing us all the time … but we must push our agenda, a Black national empowerment program, from the Honorable Elijah Muhammad’s teachings. He always taught us to be organized as a people and to develop unity,” Prof. Rahh said.

Activism

‘Donald Trump Is Not a God:’ Rep. Bennie Thompson Blasts Trump’s Call to Jail Him

“Donald Trump is not a god,” U.S. Rep. Bennie Thompson, D-Miss., told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.

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Congressman Bennie Thompson, D-Miss. Courtesy photo.
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By Post Staff

U.S. Rep. Bennie Thompson, D-Miss., said he not intimidated by President-elect Donald Trump, who, during an interview on “Meet the Press,” called for the congressman to be jailed for his role as chairman of the special congressional committee investigating Trump’s role in the Jan. 6, 2021, mob attack on the U.S. Capitol.

“Donald Trump is not a god,” Thompson told The Grio during a recent interview, reacting to Trump’s unsupported claims that the congressman, along with other committee members like vice chair and former Republican Rep. Liz Cheney, destroyed evidence throughout the investigation.

“He can’t prove it, nor has there been any other proof offered, which tells me that he really doesn’t know what he’s talking about,” said the 76-year-old lawmaker, who maintained that he and the bipartisan Jan. 6 Select Committee  – which referred Trump for criminal prosecution – were exercising their constitutional and legislative duties.

“When someone disagrees with you, that doesn’t make it illegal; that doesn’t even make it wrong,” Thompson said, “The greatness of this country is that everyone can have their own opinion about any subject, and so for an incoming president who disagrees with the work of Congress to say ‘because I disagree, I want them jailed,’ is absolutely unbelievable.”

When asked by The Grio if he is concerned about his physical safety amid continued public ridicule from Trump, whose supporters have already proven to be violent, Thompson said, “I think every member of Congress here has to have some degree of concern, because you just never know.”

This story is based on a report from The Grio.

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Activism

Biden’s Legacy Secured with Record-Setting Black Judicial Appointments

His record surpasses previous efforts by his predecessors. President Jimmy Carter appointed 37 Black judges, including seven Black women. In stark contrast, Donald Trump’s first term resulted in only two Black women appointed out of 234 lifetime judicial nominations. The White House said Biden’s efforts show a broader commitment to racial equity and justice.

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By Stacy M. Brown
WI Senior Writer

President Joe Biden’s commitment to diversifying the federal judiciary has culminated in a historic achievement: appointing 40 Black women to lifetime judgeships, the most of any president in U.S. history.

Biden has appointed 62 Black judges, cementing his presidency as one focused on promoting equity and representation on the federal bench.

His record surpasses previous efforts by his predecessors. President Jimmy Carter appointed 37 Black judges, including seven Black women. In stark contrast, Donald Trump’s first term resulted in only two Black women appointed out of 234 lifetime judicial nominations.

The White House said Biden’s efforts show a broader commitment to racial equity and justice.

Meanwhile, Trump has vowed to dismantle key civil rights protections, including the Justice Department’s Civil Rights Division.

“Having the Black woman’s experience on the federal bench is extremely important because there is a different kind of voice that can come from the Black female from the bench,” Delores Jones-Brown, professor emeritus at John Jay College of Criminal Justice, told reporters.

Lena Zwarensteyn of the Leadership Conference on Civil and Human Rights told reporters that these district court judges are often the first and sometimes the final arbiters in cases affecting healthcare access, education equity, fair hiring practices, and voting rights.

“Those decisions are often the very final decisions because very few cases actually get heard by the U.S. Supreme Court,” Zwarensteyn explained.

Biden’s nomination of Justice Ketanji Brown Jackson to the Supreme Court further reflects his commitment to judicial diversity. Jackson became the first Black woman to serve on the nation’s highest court.

Patrick McNeil, spokesperson for the Leadership Conference, pointed out that over half of Biden’s Black female judicial appointees have backgrounds as civil rights attorneys and public defenders, experience advocates consider essential for a balanced judiciary.

Meanwhile, Congress remains divided over the expansion of federal judgeships. Legislation to add 66 new judgeships—approved unanimously by the Senate in August—stalled in the GOP-controlled House until after the election. House Republicans proposed distributing the new judgeships over the next decade, giving three administrations a say in appointments. President Biden, however, signaled he would veto the bill if it reached his desk.

Rep. Jerry Nadler, D-N.Y., argued the delay was a strategic move to benefit Trump’s potential return to office. “Donald Trump has made clear that he intends to expand the power of the presidency and giving him 25 new judges to appoint gives him one more tool at his disposal,” Nadler said.

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California, Districts Try to Recruit and Retain Black Teachers; Advocates Say More Should Be Done

SACRAMENTO OBSERVER — Many Black college students have not considered a teaching career because they have never had a Black teacher, said Preston Jackson, who teaches physical education at California Middle School in Sacramento. Those who consider a teaching career are often deterred by the cost of teacher preparation, taking required tests and unpaid student teaching.

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A Series by EdSource | The Sacramento Observer

Recruiting and retaining Black teachers has taken on new urgency in recent years as California lawmakers try to ease the state’s teacher shortage. The state and individual school districts have launched initiatives to recruit teachers of color, but educators and advocates say more needs to be done.

Hiring a diverse group of teachers helps all students, but the impact is particularly significant for students of color, who then score higher on tests and are more likely to graduate from college, according to the Learning Policy Institute. A recently released report also found that Black boys are less likely to be identified for special education when they have a Black teacher.

In the last five years, state lawmakers have made earning a credential easier and more affordable and have offered incentives for school staff to become teachers — all moves meant to ease the teacher shortage and help to diversify the educator workforce.

Despite efforts by the state and school districts, the number of Black teachers doesn’t seem to be increasing. Black teachers say that to keep them in the classroom, teacher preparation must be more affordable, pay and benefits increased, and more done to ensure they are treated with respect, supported and given opportunities to lead.

“Black educators specifically said that they felt like they were being pushed out of the state of California,” said Jalisa Evans, chief executive director of the Black Educator Advocates Network of a recent survey of Black teachers. “When we look at the future of Black educators for the state, it can go either way, because what Black educators are feeling right now is that they’re not welcome.”

Task force offers recommendations

State Superintendent of Public Instruction Tony Thurmond called diversifying the teacher workforce a priority and established the California Department of Education Educator Diversity Advisory Group in 2021.

The advisory group has made several recommendations, including beginning a public relations campaign and offering sustained funding to recruit and retain teachers of color, and providing guidance and accountability to school districts on the matter. The group also wants universities, community groups and school districts to enter into partnerships to build pathways for teachers of color.

Since then, California has created a set of public service announcements and a video to help recruit teachers and has invested $10 million to help people of color to become school administrators, said Travis Bristol, chairman of the advisory group and an associate professor of education at UC Berkeley. Staff from county offices of education also have been meeting to share ideas on how they can support districts’ efforts to recruit and retain teachers of color, he said.

The state also has invested more than $350 million over the past six years to fund teacher residency programs, and recently passed legislation to ensure residents are paid a minimum salary. Residents work alongside an experienced teacher-mentor for a year of clinical training while completing coursework in a university preparation program — a time commitment that often precludes them from taking a job.

Legislators have also proposed a bill that would require that student teachers be paid. Completing the 600 hours of unpaid student teaching required by the state, while paying for tuition, books, supplies and living expenses, is a challenge for many Black teacher candidates.

Black teacher candidates typically take on much more student debt than their white counterparts, in part, because of the large racial wealth gap in the United States. A 2019 study by the Economic Policy Institute showed that the median white family had $184,000 in family wealth (property and cash), while the median Latino family had $38,000 and the median Black family had $23,000.

Lack of data makes it difficult to know what is working

It’s difficult to know if state efforts are working. California hasn’t released any data on teacher demographics since the 2018-19 school year, although the data is submitted annually by school districts. The California Department of Education (CDE) did not provide updated data or interviews requested by EdSource for this story.

The most recent data from CDE shows the number of Black teachers in California declined from 4.2% in 2009 to 3.9% during the 2018-19 school year. The National Center for Education Statistics data from the 2020-21 show that Black teachers made up 3.8% of the state educator workforce.

Having current data is a critical first step to understanding the problem and addressing it, said Mayra Lara, director of Southern California partnerships and engagement at The Education Trust-West, an education research and advocacy organization.

“Let’s be clear: The California Department of Education needs to annually publish educator demographic and experience data,” Lara said. “It has failed to do so for the past four years. … Without this data, families, communities and decision-makers really are in the dark when it comes to the diversity of the educator workforce.”

LA Unified losing Black teachers despite efforts

While most state programs focus on recruiting and retaining all teachers of color, some California school districts have initiatives focused solely on recruiting Black teachers.

The state’s largest school district, Los Angeles Unified, passed the Black Student Excellence through Educator Diversity, Preparation and Retention resolution two years ago. It required district staff to develop a strategic plan to ensure schools have Black teachers, administrators and mental health workers, and to advocate for programs that offer pathways for Black people to become teachers.

When the resolution was passed, in February 2022, Los Angeles Unified had 1,889 Black teachers —  9% of its teacher workforce. The following school year, that number declined to 1,823 or 7.9% of district teachers. The number of Black teachers in the district has gone down each year since 2016. The district did not provide data for the current school year.

Robert Whitman, director of the Educational Transformation Office at LA Unified, attributed the decrease, in part, to the difficulty attracting teachers to the district, primarily because of the area’s high cost of living.

“Those who are coming out of colleges now, in some cases, we find that they can make more money doing other things,” Whitman said. “And so, they may not necessarily see education as the most viable option.”

The underrepresentation of people of color prompted the district to create its own in-house credentialing program, approved by the California Commission on Teacher Credentialing, Whitman said. The program allows classified staff, such as substitute teachers, paraprofessionals, administrative assistants and bus drivers, to become credentialed teachers while earning a salary and benefits at their original jobs.

Grow-your-own programs such as this, and the state’s Classified School Employee Credentialing program, and a soon-to-be launched apprenticeship program, are meant to diversify the educator workforce because school staff recruited from the community more closely match the demographics of the student body than traditionally trained and recruited teachers, according to research.

Los Angeles Unified has other initiatives to increase the number of Black educators in the district, Whitman said, including working with universities and colleges to bring Black teachers, counselors and psychiatric social workers to their campuses. The district also has programs that help school workers earn a credential for free, and channels employees completing a bachelor’s degree toward the district’s teacher preparation program where they can begin teaching while earning their credential.

All new teachers at Los Angeles Unified are supported by mentors and affinity groups, which have been well received by Black teachers, who credit them with inspiring and helping them to see themselves as leaders in the district, Whitman said.

Oakland has more Black teachers than students

Recruiting and retaining Black teachers is an important part of the Oakland Unified three-year strategic plan, said Sarah Glasband, director of recruitment and retention for the district. To achieve its goals, the district has launched several partnerships that make an apprenticeship program, and a residency program that includes a housing subsidy, possible. A partnership with the Black Teacher Project, a nonprofit advocacy organization, offers affinity groups, workshops and seminars to support the district’s Black teachers.

The district also has a Classified School Employee Program funded by the state and a new high school program to train future teachers. District pathway programs have an average attrition rate of less than 10%, Glasband said.

This year, 21.3% of the district’s K-12 teachers are Black, compared with 20.3% of their student population, according to district data. Oakland Unified had a retention rate of about 85% for Black teachers between 2019 and 2023.

Better pay, a path to leadership will help teachers stay

Black teachers interviewed by EdSource and researchers say that to keep them in the classroom, more needs to be done to make teacher preparation affordable, improve pay and benefits, and ensure they are treated with respect, supported and given opportunities to lead.

The Black Educator Advocates Network  came up with five recommendations after surveying 128 former and current Black teachers in California about what it would take to keep them in the classroom:

  • Hire more Black educators and staff
  • Build an anti-racist, culturally responsive and inclusive school environment
  • Create safe spaces for Black educators and students to come together
  • Provide and require culturally responsive training for all staff
  • Recognize, provide leadership opportunities and include Black educators in decision making

Teachers interviewed by EdSource said paying teachers more also would make it easier for them to stay.

“I don’t want to say that it’s the pay that’s going to get more Black teachers,” Brooke Sims, a Stockton teacher, told EdSource. “But you get better pay, you get better health care.”

The average teacher salary in the state is $88,508, with the average starting pay at $51,600, according to the 2023 National Education Association report, “State of Educator Pay in America.” California’s minimum living wage was $54,070 last year, according to the report.

State efforts, such as an initiative that pays teachers $5,000 annually for five years after they earn National Board Certification, will help with pay parity across school districts, Bristol said. Teachers prove through assessments and a portfolio that they meet the National Board for Professional Teaching Standards. To be eligible for the grant, teachers must work at least half of their time in a high-needs school. Teachers who qualify are also given $2,500 to cover the cost of certification.

This incentive will help teachers continue their education and improve their practice, said Los Angeles teacher Petrina Miller. “It’s awesome,” she said.

Teacher candidates must be actively recruited

Many Black college students have not considered a teaching career because they have never had a Black teacher, said Preston Jackson, who teaches physical education at California Middle School in Sacramento. Those who consider a teaching career are often deterred by the cost of teacher preparation, taking required tests and unpaid student teaching.

“In order to increase the number of Black teachers in schools, it has to become deliberate,” Jackson said. “You have to actively recruit and actively seek them out to bring them into the profession.”

Since starting in 2005, Jackson has been one of only a handful of Black teachers at his school.

“And for almost every single one of my kids, I’m the first Black teacher they’ve ever had,” said Jackson. “…  And for some of them, I’m the first one they’ve ever seen.”

Mentors are needed to help retain new teachers

Mentor teachers are the key ingredient to helping new Black educators transition successfully into teaching, according to teachers interviewed by EdSource. Alicia Simba says she could have taken a job for $25,000 more annually in a Bay Area district with few Black teachers or students but opted to take a lower salary to work in Oakland Unified.

But like many young teachers, Simba knew she wanted mentors to help her navigate her first years in the classroom. She works alongside Black teachers in Oakland Unified who have more than 20 years of teaching experience. One of her mentor teachers shared her experience of teaching on the day that Martin Luther King Jr. was shot. Other teachers told her about teaching in the 1980s during the crack cocaine epidemic.

“It really helps dispel some of the sort of narratives that I hear, which is that being a teacher is completely unsustainable,” Simba said. “Like, there’s no way that anyone could ever be a teacher long term, which are things that, you know, I’ve heard my friends say, and I’ve thought it myself.”

The most obvious way to retain Black teachers would be to make sure they are treated the same as non-Black teachers, said Brenda Walker, a Black teacher and president of the Associated Chino Teachers.

“If you are a district administrator, site administrator, site or colleague, parent or student,  my bachelor’s degree, master’s degree, and my special education credential are just as valuable and carry as much weight, and are as respected as any other educator,” she said.

“However, it’s just as critical for all those groups to acknowledge and respect the unique cultural experience I bring to the table and acknowledge and respect that I’m a proud product of my ancestral history.”

Black teachers: how to recruit THEM and make them stay

This is the first part of a special series by EdSource on the recruitment and retention of Black teachers in California. The recruitment and hiring of Black educators has lagged, even as a teacher shortage has given the task new urgency.

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