Crow Country Justice Quotes

The critical point is that thousands of people are swept into the criminal justice system every year pursuant to the drug war without much regard for their guilt or innocence. The police are allowed by the courts to conduct fishing expeditions for drugs on the streets and freeways based on nothing more than a hunch...and once inside the system, people are often denied attorneys or meaningful representation and pressured into plea bargains by the threat of unbelievably harsh sentences - sentences for minor drug crimes that are higher than many countries impose on convicted murderers. This is the way the roundup works, and it works this way in virtually every major city in the United States.

America is a leap of the imagination. From its beginning, people had only a persistent idea of what a good country should be. The idea involved freedom, equality, justice, and the pursuit of happiness; nowadays most of us probably could not describe it a lot more clearly than that. The truth is, it always has been a bit of a guess. No one has ever known for sure whether a country based on such an idea is really possible, but again and again, we have leaped toward the idea and hoped. What SuAnne Big Crow demonstrated in the Lead high school gym is that making the leap is the whole point. The idea does not truly live unless it is expressed by an act; the country does not live unless we make the leap from our tribe or focus group or gated community or demographic, and land on the shaky platform of that idea of a good country which all kinds of different people share. This leap is made in public, and it's made for free. It's not a product or a service that anyone will pay you for. You do it for reasons unexplainable by economics--for ambition, out of conviction, for the heck of it, in playfulness, for love. It's done in public spaces, face-to-face, where anyone is free to go. It's not done on television, on the Internet, or over the telephone; our electronic systems can only tell us if the leap made elsewhere has succeeded or failed. The places you'll see it are high school gyms, city sidewalks, the subway, bus stations, public parks, parking lots, and wherever people gather during natural disasters. In those places and others like them, the leaps that continue to invent and knit the country continue to be made. When the leap fails, it looks like the L.A. riots, or Sherman's March through Georgia. When it succeeds, it looks like the New York City Bicentennial Celebration in July 1976 or the Civil Rights March on Washington in 1963. On that scale, whether it succeeds or fails, it's always something to see. The leap requires physical presence and physical risk. But the payoff--in terms of dreams realized, of understanding, of people getting along--can be so glorious as to make the risk seem minuscule.

THE COMMON IDEA of claiming “color blindness” is akin to the notion of being “not racist”—as with the “not racist,” the color-blind individual, by ostensibly failing to see race, fails to see racism and falls into racist passivity. The language of color blindness—like the language of “not racist”—is a mask to hide racism. “Our Constitution is color-blind,” U.S. Supreme Court Justice John Harlan proclaimed in his dissent to Plessy v. Ferguson, the case that legalized Jim Crow segregation in 1896. “The white race deems itself to be the dominant race in this country,” Justice Harlan went on. “I doubt not, it will continue to be for all time, if it remains true to its great heritage.” A color-blind Constitution for a White-supremacist America.

To be sure, most white denominations, and most white Christians, have today taken pains to distance themselves from slavery, the Jim Crow laws that enforced racial segregation, and overtly racist attitudes openly espoused in the past. But in survey after survey, white Christians stand out in their negative attitudes about racial, ethnic, and religious minorities (especially Muslims), the unequal treatment of African Americans by police and the criminal justice system, their anxieties about the changing face of the country, and their longing for a past when white Protestantism was the undisputed cultural power. Whatever the explicit public proclamations of white denominations and individual Christians, the public opinion data reveal that the historical legacy of white Christianity lives on in white Christianity today.

The critical point is that thousands of people are swept into the criminal justice system every year pursuant to the drug war without much regard for their guilt or innocence. The police are allowed by the courts to conduct fishing expeditions for drugs on streets and freeways based on nothing more than a hunch. Homes may be searched for drugs based on a tip from an unreliable, confidential informant who is trading the information for money or to escape prison time. And once swept inside the system, people are often denied attorneys or meaningful representation and pressured into plea bargains by the threat of unbelievably harsh sentences—sentences for minor drug crimes that are higher than many countries impose on convicted murderers. This is the way the roundup works, and it works this way in virtually every major city in the United States.

The shift in focus served to align the goals of the Civil Rights Movement with key political goals of poor and working-class whites, who were also demanding economic reforms. As the Civil Rights Movement began to evolve into a “Poor People’s Movement,” it promised to address not only black poverty, but white poverty as well—thus raising the specter of a poor and working-class movement that cut across racial lines. Martin Luther King Jr. and other civil rights leaders made it clear that they viewed the eradication of economic inequality as the next front in the “human rights movement” and made great efforts to build multiracial coalitions that sought economic justice for all. Genuine equality for black people, King reasoned, demanded a radical restructuring of society, one that would address the needs of the black and white poor throughout the country. Shortly before his assassination, he envisioned bringing to Washington, D.C., thousands of the nation’s disadvantaged in an interracial alliance that embraced rural and ghetto blacks, Appalachian whites, Mexican Americans, Puerto Ricans, and Native Americans to demand jobs and income—the right to live. In a speech delivered in 1968, King acknowledged there had been some progress for blacks since the passage of the Civil Rights Act of 1964, but insisted that the current challenges required even greater resolve and that the entire nation must be transformed for economic justice to be more than a dream for poor people of all colors. As historian Gerald McKnight observes, “King was proposing nothing less than a radical transformation of the Civil Rights Movement into a populist crusade calling for redistribution of economic and political power. America’s only civil rights leader was now focusing on class issues and was planning to descend on Washington with an army of poor to shake the foundations of the power structure and force the government to respond to the needs of the ignored underclass.”36

The real point here, however, is not that innocent people are locked up. That has been true since penitentiaries first opened in America. The critical point is that thousands of people are swept into the criminal justice system each year pursuant to the drug war without much regard for their guilt or innocence. The police are allowed by the courts to conduct fishing expeditions for drugs on streets and freeways based on nothing more than a hunch. Homes may be searched for drugs based on a tip from an unreliable, confidential informant who is trading the information for money or to escape prison time. And once swept inside the system, people are often denied attorneys or meaningful representation and pressured into plea bargains by the threat of unbelievably harsh sentences - sentences for minor drug crimes that are higher than many countries impose on convicted murderers. This is the way the roundup works, and it works this way in virtually every major city in America.

The attention of civil rights advocates has been largely devoted to other issues, such as affirmative action. During the past twenty years, virtually every progressive, national civil rights organization in the country has mobilized and rallied in defense of affirmative action. The struggle to preserve affirmative action in higher education, and thus maintain diversity I the nation's most elite colleges and universities, has consumed much of the attention and resources of the civil rights community and dominated racial justice discourse I the mainstream media, leading the general public to believe that affirmative action is the main battleground in U.S. race relations--even as our prisons fill with black and brown men.

So many of us are hungry to restore a collective sense of pride in our nation. And we have what it takes to do so. Yet many people have become numb, even accepting, to the shockingly cruel rhetoric we sometimes hear from our neighbors and leaders. But we should remember there are more Americans who speak out against intolerance than those who spew it. Just because anger and fear are louder than kindness and optimism does not mean that anger and fear must prevail, or define a new American identity. The negativity that streams through our media and social feeds is a false—or at least incomplete—narrative. Every time harsh Tweets dominate news cycles, we can remind ourselves of Mary Poole’s empathy in Montana, or the compassion of Rebecca Crowder in West Virginia, or Bryan Stevenson’s adamant calls for justice in our courts. Countless acts of dignity are unfolding offline, away from earshot, and they matter. We already have what it takes to rise above divisiveness and the vitriol of a hurtful few and steer the country toward an even better “us.” Not so we can be great again, but so we can become an even stronger, safer, more fair, prosperous, and inclusive version of ourselves. Those who champion common-sense problem solving, and there are legions of us, are eager to keep fixing, reinventing, improving. In these pages, I tried to amplify our existing potential to eclipse dysfunction by recounting Mark Pinsky’s collaborative spirit, for example, and Michael Crow’s innovative bent, and Brandon Dennison’s entrepreneurial gumption, and Dakota Keyes’ steadfast belief in her young students, and in herself. They are reminders that the misplaced priorities of President Trump and his administration do not represent the priorities of the majority of Americans. And while there are heroes who hold office, members of both parties, Democrats and Republicans, have been complicit in the fracturing of trust that has plagued our political system for years now. In fact, I believe that the American people as a whole are better than our current political class.

I did not, and could not, know when writing this book that our nation would soon awaken violently from its brief colorblind slumber. In the final chapter, I did predict that uprisings were in our future, and I wondered aloud what the fire would look like this time. What actually occurred in the years that followed was, to paraphrase James Baldwin, more terrible and more beautiful than I could have imagined. We now have white nationalist movements operating openly online and in many of our communities; they’re celebrating mass killings and recruiting thousands into their ranks. We have a president who routinely unleashes hostile tirades against black and brown people—calling Mexican migrants “murderers,” “rapists,” and “bad people,” referring to developing African nations as “shithole countries,” and smearing the majority-black city of Baltimore as a “disgusting, rat and rodent infested mess.” Millions of Americans are cheering, or at least tolerating, these racial hostilities. And yet, in the midst of all of this, we also have vibrant racial justice movements led by new generations of activists who are working courageously at the intersections of our systems of control, as well as growing movements against criminal injustice led by those who are directly impacted by mass incarceration. Many of these movements aim to redefine the meaning of justice in America. A decade ago, much of this progress seemed nearly unimaginable. When this book was first released, there was relatively little racial justice organizing, and “mass incarceration” was not a widely used term. Back then, the Congressional Black Caucus, as well as most civil rights organizations, did not include criminal justice issues among its top priorities. Little funding could be found for work challenging the enormous punishment bureaucracy

The vast majority of states continue to withhold the right to vote when prisoners are released on parole. Even after the term of punishment expires, some states deny the right to vote for a period ranging from a number of years to the rest of one’s life. This is far from the norm in other countries—like Germany, for instance, which allows (and even encourages) prisoners to vote. In fact, about half of European countries allow all incarcerated people to vote, while others disqualify only a small number of prisoners from the polls. Prisoners vote either in their correctional facilities or by some version of absentee ballot in their town of previous residence. Almost all of the countries that place some restrictions on voting in prison are in Eastern Europe, part of the former Communist. No other country in the world disenfranchises people who are released from prison in a manner even remotely resembling the United States. In fact, the United Nations Human Rights Committee has charged that U.S. disenfranchisement policies are discriminatory and violate international law.

Our Constitution is color-blind,” U.S. Supreme Court Justice John Harlan proclaimed in his dissent to Plessy v. Ferguson, the case that legalized Jim Crow segregation in 1896. “The white race deems itself to be the dominant race in this country,” Justice Harlan went on. “I doubt not, it will continue to be for all time, if it remains true to its great heritage.” A color-blind Constitution for a White-supremacist America. —

Their children were accused of no crimes of violence, no acts of cruelty, yet they faced adult criminal charges and the prospect of serving years, perhaps decades, behind bars for possessing or selling illegal drugs—crimes that go largely ignored when committed by white youth. Why the outpouring of support and the promises of a “new civil rights movement” on behalf of the Jena youth but not their children? If there had been no nooses hanging from a schoolyard tree, there would have been no Jena 6—no mass protests, no live coverage on CNN. The decision to charge six black teens as adults with attempted murder in connection with a schoolyard fight was understood as possibly racist by the mainstream media and some protestors only because of the sensational fact that nooses were first hung from a tree. It was this relic—the noose—showing up so brazenly and leading to a series of racially charged conflicts and controversies that made it possible for the news media and the country as a whole to entertain the possibility that these six youths may well have been treated to Jim Crow justice. It was this evidence of old-fashioned racism that made it possible for a new generation of protestors to frame the attempted murder charges against six black teens in a manner that mainstream America would understand as racist.

We now have white nationalist movements operating openly online and in many of our communities; they’re celebrating mass killings and recruiting thousands into their ranks. We have a president who routinely unleashes hostile tirades against black and brown people—calling Mexican migrants “murderers,” “rapists,” and “bad people,” referring to developing African nations as “shithole countries,” and smearing the majority-black city of Baltimore as a “disgusting, rat and rodent infested mess.” Millions of Americans are cheering, or at least tolerating, these racial hostilities. And yet, in the midst of all of this, we also have vibrant racial justice movements led by new generations of activists who are working courageously at the intersections of our systems of control, as well as growing movements against criminal injustice led by those who are directly impacted by mass incarceration. Many of these movements aim to redefine the meaning of justice in America.

The declaration and escalation of the War on Drugs marked a moment in our past when a group of people defined by race and class was viewed and treated as the 'enemy.' A literal war was declared on a highly vulnerable population, leading to a wave of punitiveness that permeated every aspect of our criminal justice system and redefined the scope of fundamental constitutional rights. The war mentality resulted in the militarization of local police departments and billions invested in drug law enforcement at the state and local levels. It also contributed to astronomical expenditures for prison building for people convicted of all crimes and the slashing of billions from education, public housing and welfare programs, as well as a slew of legislation authorizing legal discrimination against millions of people accused of drug offenses, denying them access to housing, food stamps, credit, basic public benefits, and financial aid for schooling. This war did not merely increase the number of people in prisons and jails. It radically altered the life course of millions, especially black men who were the primary targets in the early decades of the war. Their lives and families were destroyed for drug crimes that were largely ignored on the other side of town. Those who define 'mass incarceration' narrowly, to include only individuals currently locked in prisons or jails, erase from public view the overwhelming majority of people ensnared by the system. Twice as many people are on probation or parole in this country as are locked in literal cages. The United States has a staggering 2.3 million people in prison-a higher rate of incarceration than any country in the world-but it also has another 4.5 million people under state control outside of prisons, on probation or parole. More than 70 million Americans-over 20 percent of the entire U.S. population, overwhelming poor and disproportionately people of color-now have criminal records that authorize legal discrimination for life. The New Jim Crow was intended to help people see that it is a serious mistake to think of mass incarceration as simply a problem of too many people in prisons and jails. It is that, but it is also much, much more. Prison statistics barely begin to capture the enormity of this crisis. And yet for too many, the discussion begins and ends there.

Institutionalization and ‘special housing' At the time of the passage of the ADA, states still had laws on the books requiring people with mental disabilities to be institutionalized. Not even slaves had been so restricted. "Spurred by the eugenics movement," write legal historians Morton Horwitz, Martha Field and Martha Minow, "every state in the country passed laws that singled out people with mental or physical disabilities for institutionalization." The laws made it clear that the state's purpose was not to benefit disabled people but to segregate them from "normal" society. Thus, statutes noted that the disabled were segregated and institutionalized for being a "menace to society" [and] so that "society [might be] relieved from the heavy economic and moral losses arising from the existence at large of these unfortunate persons." "The state of Washington made it a crime for a parent to refuse state-ordered institutionalization," they wrote; "once children were institutionalized, many state laws required parents to waive all custody rights." Justice Thurgood Marshall wrote in the 1985 Cleburne Supreme Court decision (the decision saying that people with mental retardation did not constitute a "discrete and insular" minority) that this "regime of state-mandated segregation and degradation [had] in its virulence and bigotry rivaled, and indeed paralleled, the worst excesses of Jim Crow. Massive custodial institutions were built to warehouse the retarded for life." Yet they continue today. In 1999, the Supreme Court in its Olmstead decision acknowledged that the ADA did in fact require states to provide services to people with disabilities in the "most integrated setting"; but institutionalization continued, because federal funds  -- Medicaid, mostly  -- had a built-in "institutional bias," the result of savvy lobbying over the years by owners of institutions like nursing homes: In no state could one be denied a "bed" in a nursing home, but in only a few states could one use those same Medicaid dollars to get services in one's home that were usually much less expensive. Ongoing battles were waged to close down the institutions, to allow the people in them to live on their own or in small group settings. But parents often fought to keep them open. When they did close, other special facilities cropped up.