North America – Page 12 – UAB Institute for Human Rights Blog

Family Fire: A Gun Safety Issue

A child holding a gun — Source: Yahoo Images, Creative Commons

Last week, a 2-year old boy accidentally shot himself in his home in southwest Birmingham. Fortunately, he survived the gunshot wound and is being treated at the Children’s of Alabama hospital. The police are not sure how he obtained the gun yet, but the investigation is ongoing. Last month, a case of a two-year old boy in Indiana was reported who lost his life after finding his mother’s unsecured gun in their home and accidentally shot himself. A few months ago, a 12-year boy in Mississippi accidentally shot and killed his sister of the same age while playing with a gun. There are numerous other cases like these when children get access to unsecured firearms and end up in such horrific circumstances. These accidental shootings are defined by the term “family fire.”

Family fire is a shooting that involves improperly stored or misused gun(s) found in the home, resulting in injury or death, including unintentional shooting, suicide, and other gun-related tragedies. Family fire is a constant threat for all members of the household where firearms are not properly stored. The Harvard Injury Control Research Center found that the prevalence of guns AND unsafe storage practices are associated with higher rates of unintentional firearm deaths. It was also found that youth killed in these gun accidents are shot by other youth in most cases, usually someone of their own age and typically a family member or friend.

Every day, family fire injures or kills eight children in America. According to a report from the New York Academy of Medicine, children under the age of 18 suffer the most from in-home gun-related incidents. For suicides and unintentional deaths, the gun used almost always comes from the child’s home, resulting directly from improperly stored firearms and the lack of proper precautions. Over 4.6 million children in the United States live with unlocked or loaded guns in their homes.

A large body of evidence has shown that the presence of guns in a child’s home substantially increases the risk of suicide and unintentional firearm death, though recent data suggests that not a lot of gun owners appreciate this risk. Parents and other adults who own guns tend to greatly underestimate the possibility of children being able to access those arms. It has been found that 75 percent of kids know where that gun is stored in their home. A report on “Parental Misperceptions About Children and Firearms” revealed another shocking fact that one in five kids had handled a gun in the absence of their parents. Not only that, children’s exposure to unsafely stored firearms can also have consequences beyond the home. It has been found that 75 percent of school shootings are facilitated by kids having access to unsecured and/or unsupervised guns at home.

Considering the seriousness of these statistics and the deadly consequences of unsafe access to guns, Brady launched a “End Family Fire” campaign. Through this initiative, they strive to promote the use of the term “family fire” in order to raise awareness of this nationwide crisis and drive social change by educating and encouraging gun owners about safe gun storage. Their belief is that family fire can be ended with joint community action and public awareness and that lives can be saved through promoting safe storage practices.

Ad Council, America’s leading producer of public service communications, partnered with EndFamilyFire.org to bring attention to this pressing issue and to encourage people to learn more about proper gun safety and responsible ownership.

Research data from the New York Academy of Medicine shows that:

“The risk of unintentional and self-inflicted firearm injury is lower in homes that store firearms unloaded (compared with loaded) and locked (compared with unlocked). In keeping with this evidence, guidelines intended to reduce firearm injury to children, first issued by the American Academy of Pediatrics (AAP) in 1992, assert that whereas the safest home for a child is one without firearms, risk can be reduced substantially, although not eliminated, by storing all household firearms locked, unloaded, and separate from ammunition.”

There is a lot of conversation around gun violence and gun rights in America. Much of this debate is focused on the 2^nd Amendment of the US Constitution, which states that “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Yet, what we need to understand is that this is more than a conversation about gun rights, gun violence, and whether or not people should have the right to bear arms. I’m sure that we can all agree on the importance of preventing our kids from the risks and deadly consequences of having easy access to firearms. Those on all sides of the Second Amendment debate and gun owners and non-gun owners need to come together to promote safe practices and prevent unfortunate incidents like family fire from occurring.

The first and foremost step is to safely store the firearm(s). It has been found that keeping guns locked and unloaded reduces the risk of family fire by 73%. Additionally, storing ammunition separately from its gun reduces the risk of family fire up to 61%. Keep them out of the reach of others, especially children, who can use them to dangerous outcomes. The State of New Jersey has required sellers to provide trigger locks or locked gun cases with each gun purchase, among other laws this has contributed in a decline of unintentional gun death cases in the state. It is another way to promote safe gun storage and making sure that people have the necessary equipment to do so.

Another way is to encourage discussions around responsible gun ownership and safe storage practices within our social circle, family, friends, and colleagues. The most important thing to do is to have a conversation with your kids. Make sure that they understand their limits on accessing firearms, do not consider it a toy, and understand the severity of consequences that may arise as a result. Discussing gun safety and making it a part of the family’s safety conversation is important, especially for gun owners because they play a powerful role in educating others about safe storage practices. Additionally, we need to begin asking others about the presence of unsecured guns in the home for their own safety, before moving in with someone, and before sending your kids to anybody’s home.

Family fire is a pressing issue affecting many families everyday in the country. We as a society need to take up the responsibility of addressing this problem, encouraging the lawmakers and security agencies to take notice and action, and play our part by both promoting and practicing safe gun storage practices.

The Criminalization of Mental Illness

Prison cell block. Source: Bob Jagendorf, Creative Commons.

It is no secret that the United States has an issue of overcrowding prisons, which can lead to many issues regarding quality of life in prisons. Overcrowding in prisons is not just a problem in the United States; over 100 other countries also have this issue. In many countries, the criminalization of mental health is a factor that is compounding the issue. Individuals with severe mental illnesses not only need treatment that prisons don’t provide, but also can be put in dangerous situations when they are in prison. Despite this, they are more likely to end up in prison than in treatment.

Up until the 1960s in the United States, when someone had a severe mental illness, they were typically placed in a mental institution or asylum. In an effort to provide patients in mental institutions better community-based care and reduce government spending, the process of deinstitutionalization began. However, that is not how it played out. While the movement gave those with mental illness more rights and turned society away from locking them up, it released some that would have benefitted from long-term care that community centers could not provide. However, with many patients moving out of long-term treatment facilities, many of these facilities were shutting down. This left community mental health centers to try to treat illnesses they were not originally intended to. Another issue arose when insufficient funding was allocated for the community mental health centers, further overwhelming the new system. Because the difficulty of the transition from institutionalization to community care was underestimated, many—then and today—have gone without treatment. The lack of treatment for serious mental illness, like Schizophrenia, has led to the incarceration of many people with mental illness who should instead be treated.

Not Guilty by Reason of Insanity

Another issue that has contributed to the criminalization of mental illness is the difference between the clinical definition of mental illness and the legal definition. The diagnosis of mental illness is dictated by the Diagnostic and Statistical Manual of Mental Disorders (DSM). The law, however, sees mental illness as symptoms that impair mental functioning. The main diagnoses that fits into the legal definition are psychotic disorders, such as Schizophrenia. Even if someone has been diagnosed with a psychotic disorder, when pleading not guilty by reasoning of insanity, their lawyer must show that they were having symptoms at the time of the crime that contributed to said crime. This can be a difficult task as some states require that the symptoms are so severe that the defendant didn’t know that the crime was illegal. Even in cases where the defendant has shown this to be true, some juries will give a verdict of guilty to ensure that someone is held accountable for the offense.

Some states have gotten rid of the insanity plea altogether, while others have changed it to “guilty because of mental illness” meaning after treatment, they must serve their sentence in prison. This can sometimes put the progress a patient has made in jeopardy, as prisons are not a suitable environment for maintaining a newly achieved healthy mental state. In states where not guilty by reason of insanity is still in effect, those found not guilty by reason of insanity are supposed to be released after sanity has been restored. Yet, this is rarely the case; due to fear they will go off their medicine and commit the same violent crimes, many are held in treatment facilities indefinitely. With the threat of this outcome overhead, many opt out of the not guilty by reason of insanity plea and are instead place into a prison where they will not receive the appropriate care.

Because of the law’s strict definition of mental illness, many are being placed in already crowded, underfunded prisons. Because of the lack of mental health professionals, prisoners in some states, including Nebraska, may not receive medications for mental illnesses or have access to talk to counselors. This can cause the reemergence of once-controlled symptoms, making the prisoner with a mental illness a danger not only to himself, but also to others. Additionally, many with severe mental illness are put in solitary confinement for long periods of time. Psychologists who have studied the effects of solitary confinement have seen a pattern of increased mental health problems in people who were originally neurotypical. If this is true, the effects on prisoners with mental illness could be devastating. Not only are people being sent to prison when they should receive treatment, they are also being put in situations that make their symptoms worse and make it harder to reenter into society if their sentence allows.

Substance Use Criminalization

In addition to violent crimes committed because of mental illness, many nonviolent acts associated with mental illness are criminalized; Substance Use Disorders are recognized by the DSM V and are therefore diagnosable and treatable, but the law instead criminalizes it. While at any given time there are more convictions for violent crimes, more people are sent to prison a year for drug-related crimes than violent crimes. Studies have shown that those imprisoned for drug-use are unlikely to receive treatment and often return to using drugs once released because they lack the resources that treatment would have given them. Sending people with Substance Abuse Disorders to jail does not improve their illness.

Not only those with Substance abuse disorder are affected by this criminalization; those diagnosed with another mental illness are five to eighteen times more likely to have a comorbid Substance Use Disorder. This can further prevent someone who needs treatment from receiving it. Most prisons don’t have adequate resources to treat prisoners with mental illness, so imprisoning people for crimes that are directly tied to mental illness can be detrimental to their treatment and future.

Current solutions

Some states are trying to combat the increasing proportion of prisoners with mental illness not receiving treatment. With our corrections system slowly catching up with our understanding of mental illness, states—like California—are beginning to consider replacing their old jails, not with new ones exactly like them, but instead with centers focused on rehabilitation. They are not calling for moving all criminals with mental illness out of prisons, but instead treating those with mental illness while they serve their sentence. Additionally, they do want to increase the diversion from jails, but that will be done on a case-by-case basis and only for those who have committed a crime because of mental illness.

Stigma

Ultimately, the criminalization of mental illness has a lot to do with the stigma surrounding it. The general population connects mental illness with violence, which leads to harsher punishments. As a society, we need to reduce stigma before any change can happen. If we continue to see those with mental health problems as inherently violent, they will continue to be prosecuted and sentenced unjustly.

Cupcake and the State of Missing Children in the U.S.

It breaks my heart to write about the tragedy of the three-year-old little girl Kamille “Cupcake” McKinney, fondly known as Cupcake, who was abducted from a birthday party about two weeks ago here in Birmingham, Alabama. AMBER alerts were issued across Alabama and extended into neighboring states in an effort to locate her. The Birmingham police department had been updating the public on the efforts, but unfortunately a day after Mayor Randall Woodfin pleaded with the public to help find her, the remains of the little angel were found in a dumpster at a landfill in Birmingham. This is indeed a sad moment for not only the family of Cupcake and the city of Birmingham, but also for humanity as a whole. We as a society have failed the little angel, and she is indeed in a better place than this cruel world. My heart goes out to her family as this is an irreparable loss for them that cannot be made up with any amount of sympathy. We hope they are able to find solace and healing with time.

Mayor Woodfin held a vigil for “Cupcake” outside of Birmingham City Hall, where hundreds of people gathered to honor her. They expressed sorrow and solidarity for the innocent soul “whose disappearance gripped the Birmingham area for 10 days and whose death shook the city to its core.” Birmingham police department, City Council, community activists, faith-based leaders and the general public stood with heavy hearts and teary eyes to pay tribute to baby Kamille. This was one of the many vigils held in the city after the devastating news of her death, including the spot where she was last seen in Tom Brown village. Birmingham Police Chief Patrick Smith expressed his grief over the incident and how his department endlessly worked in hopes of bringing the child safely back home. He had some powerful words to say:

“I believe Kamille changed this city. A 3-year-old little girl has changed the landscape of the city of Birmingham. She made us stop and check ourselves. Check ourselves to see if we’re doing everything we can to keep our children safe from harm. Check ourselves to see if we’re truly the village that we promise to be. Check ourselves to see if we’re living up to the expectations of tomorrow and watching over our children today.”

This incident has called for a reflection of ourselves and of our community. It has made us question the safety of our own children because little Cupcake was one of us. We need to evaluate if we really are the village that we strive to be or are we too segmented and disconnected as a community and a society? It makes us question how safe our neighborhoods and cities are? Do we assume that someone will always be there to step in and stop it? Are there any truly safe spaces? The answers are to be found.

To this date, two persons of interest have been charged with kidnapping and murder in relation to Kamille’s disappearance. A similar case surfaced in South Carolina when the body of a 5-year-old girl Nevaeh Adams, who was missing since August, was also found dumped in a landfill within 24 hours of this tragedy.

Missing children is a bigger crisis in the U.S. than most people think, and unfortunately Cupcake was one of many. A child goes missing every 40 seconds here in the United States. Last year alone, more than 400,000 reports of missing children were made to law enforcement in the US, out of which almost 15,000 were kidnapped. The most commonly abducted group was of female children aged 12-17.

It is notable to consider the amount of coverage Cupcake was able to get and the reward amounts offered for her retrieval. Unfortunately, this kind of effort is not always the case for missing children, especially for those of color. A study by Ohio State University found that missing African American children are in fact underrepresented in news media making it difficult to spread the word about them and to retrieve them. This itself is a violation of the Article 7 of the Universal Declaration of Human Rights, which states that all are equal before the law and are entitled without any discrimination to equal protection of the law. The Black and Missing Foundation, a non-profit striving to bring awareness to the missing persons of color, issued a report suggesting that one reason for the under-representation of missing minority people is the widespread belief that such people live in impoverished conditions with crime being a regular part of their lives. This mindset contributes to the factor of racial consideration in the coverage and efforts of finding missing persons.

Cases of people who go missing generally involve multiple abuses of human rights. For example, the Universal Declaration of Human Rights ensures the rights to life, liberty and security of person (Article 3) and that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Article 5). In a lot of cases, the right to life is also violated as in that of Cupcake and Nevaeh Adams. Additionally, the families of victims may face violation of human rights as well, such as the right to a family life. In case of the absence of official investigations, the families and survivors of the victims face the violation of their right to due process, to recognition of a person before the law, and even to the prohibition of torture. It is important to consider it as a human rights issue and the various ways in which the fundamental rights of the missing persons and their families are abused.

It is the responsibility of the state to ensure a safe environment for all its citizens and the community members to play their part in keeping it safe. In case of such unfortunate circumstances, the community seems to be limited to the aftermath and post-incident action. The states are under a legal obligation to conduct effective investigations for all missing persons and to guarantee that all abuses be officially investigated irrespective of the fact that whether or not those abuses are considered attributable to actions by the victim. International Humanitarian Law also obligates the search of the missing and complements the universal guarantees provided by human rights.

There are various reasons that a child can go missing. When children are kidnapped by strangers, it is often due to pedophilic motives and for sexual exploitation. Some kidnappings are also motivated by monetary reasons such as human trafficking, sex-trafficking, forced child labor, illegal adoption, or for ransom. These are generally well-organized illegal networks run nationally and internationally and are always on the lookout for potential target-children. A few rare cases also involve serious mental conditions or revengeful motives used for kidnapping, abducting, and hurting children. Parental abductions and runaways also constitute a large number of missing children, but the focus of this article are the abductions by strangers.

Now the question arises: What can we do on our part to prevent such unfortunate circumstances and to keep our children safe from predators in addition to actions taken by the authorities?

According to the American Academy of Pediatrics, most of these incidents happen when children tend to wander off without realizing the danger. Parents and guardians need to take necessary precautions to help keep their children safe by being more vigilant of their surroundings and ensuring a check on children. Some kids can be more curious, mischievous, and vulnerable than others. Parents need to ensure trustable adult supervision at all times, especially in crowded public places. While choosing daycares, schools, or camps for children, make sure that there are ample security measures and policies in place for kids’ safety. Adults also need to be very careful while hiring babysitters and should get necessary background checks and recommendations before letting someone be alone with their child. Additionally, children need to be educated and trained for potential crisis situations and ways to seek help. Train them to be mindful of strangers, encourage them to share any unusual happenings, and teach them about the resources and necessary actions when encountering an unusual situation. For children with special needs, parents and guardians should take extra precautions and make necessary arrangements for the safety of their children, as they might be more vulnerable than others.

Lastly, all of us need to stay alert of our surroundings and take active responsibility for helping authorities in our communities when AMBER alerts are issued for such cases. We can look out for people, vehicles, victims, or criminals as specified in the issued alert. We can help spread the word by sharing the information with others and volunteer to distribute posters of missing children. For specific cases, community members can conduct organized searches to help the police forces look for missing children. We should stay aware of our surroundings, report suspicious activities and people, safely intervene and help in situations to the best of our abilities, and know the community resources for taking appropriate action.

A number of resources are available for parents facing such an unfortunate situation of a missing child. In such an emergency, contact your local FBI field office or call the National Center for Missing and Exploited Children on 1-800-THE-LOST. The AMBER Alert program has also been credited with the safe recovery of 957 children to date and is a great way to get the word out in order to mobilize communities for the lookout. Parents are also encouraged to keep child safety kits which include all the necessary information like IDs, recent photos, physical characteristics, fingerprints, and other information about the child. These should always be kept intact to be used in potential emergency situations to assist the authorities in taking appropriate and immediate action.

We as a society need to re-evaluate ourselves, our values, commitments, priorities, actions, and safety in the light of these staggering realities and horrific instances. Little baby Cupcake will not come back to her family, but a lot of other children can find their ways back home through the joint efforts of authorities and community members. We all have to work together to make our communities safer for our precious children, who are the future of this world.

Under Pressure: How Court Debts Inform Racial and Wealth Inequality

On Thursday, November 7^th, the Institute for Human Rights co-sponsored an event alongside Students for Human Rights at UAB to present representatives from Alabama Appleseed Center for Law & Justice. During their lecture and discussion with audience members, they addressed how racial inequality and systemic poverty influence court debts as well as what we can do to change the status quo.

Alabama Appleseed, and its 17 other offices across North America, work at the intersection of the legal system and systemic poverty. Helping to confront a system that harms impoverished and minority communities by placing them in an endless cycle of punishment, Alabama Appleseed employs a research and policy reform approach to highlight such inequalities.

They first addressed this issue by covering the racial wealth gap which can be told through the legacy of slavery, convict labor, redlining, school segregation, and hiring discrimination that has economically disadvantaged many communities of color, namely Black Americans. Thus, in present day, the poorest 20% of Whites have an average $15,000 in wealth, while the poorest 20% of Blacks have a mere average $100 in wealth. As a result, receiving a fine can increase existing household costs, develop exorbitant interest rates, and even land one in jail if unpaid, meaning Black Americans are disproportionately affected by the looming threat of court debts.

In response, Alabama Appleseed sought to give this issue greater context by employing a statewide study, titled Under Pressure, which includes personal experiences with court debts from 980 Alabamians representing 41 counties (56% of respondents were Black). Some of the main findings were:

83% gave up necessities like rent, food, medical bills, car payments, and child support, in order to pay down their court debt
50% had been jailed for failure to pay court debt
44% had used payday loans to cover court debt
80% borrowed money from a friend or family member to cover their court debt
Almost 2/3 received money or food assistance from a faith-based charity or church that they would not have had to request if it were not for their court debt

**Alabama Appleseed presenting Under Pressure. Source: UAB Institute for Human Rights**

They went on to address some anecdotal accounts such as people paying someone else’s court debt even though having their own and missing court dates that were scheduled while incarcerated. These findings suggest that impoverished and minority communities in Alabama must maneuver around isolated court systems that don’t communicate with one another, which further places them into a cycle of poverty and looming punishment. Furthermore, Alabama has the 5^th highest incarceration rate in the world and is currently facing a 33% rate of employment in the prison system. This means that our criminal justice system not only disadvantages poor and Black Alabamians, but they are the ones funding these inequalities through a shadow tax system.

Thus, Alabama Appleseed offered a handful of recommendations for state lawmakers to address this system of injustice:

Eliminate court costs and fees, and scale fines to each person’s ability to pay
Fully fund courts from Alabama’s state budget
Send revenue from all court debt to the state General Fund
Create a mechanism for appeal and ensure folks have access to counsel throughout the process
Prohibit the suspension of drivers’ licenses except in instances of unsafe driving
Eliminate Failure to Appear warrants when the individual is incarcerated
Change the law that currently denies voting rights to people who are too poor to pay their court debt
Reclassify the possession of small amounts of marijuana as a civil infraction with fines connected to the defendant’s ability to pay

As demonstrated, Alabama’s criminal justice system is a harvest ground for racial and wealth inequality. However, addressing such concerns at the community-level is one way that you can participate in real change. You can do so by communicating with your local representative about overturning the “Three Strikes Law”, pressuring Regions Bank to divest from the private prison industry, and joining Alabama Appleseed to be informed about pending legislation.

Facing the threat of missing rent, losing meals, and even being incarcerated is no way to live, particularly for those who already experience a list of other disadvantages. For this reason, it’s about time we put our lawmakers and local businesses under pressure.

Girls Too: The Me Too Movement for Youth

Two girls staring. — Women’s March 2019. Source: Roedar, Phil. Creative Commons.

The Me Too movement has given power back to hundreds, if not millions, of women and yet girls are being left out of the conversation. A rising movement entitled, “Girls Too,” created under the organization Girls Inc., aims to change that narrative. The Girls Too movement was created after the Me Too movement’s popularization, and it is important to recognize the impact of the Me Too movement when discussing the Girls Too movement. The Me Too movement was started by Tarana Burke and popularized by actress Alyssa Milano’s reaction to the Harvey Weinstein case. Burke cites a conversation she had with a 13 year old girl in 1997 regarding the girl’s experience with sexual harassment as the beginning of the movement. Ten years later, in 2006, Tarana Burke founded the nonprofit organization entitled, “Just Be Inc.,” as well as a movement named “Me Too.” The goal of the Just Be Inc. and Me Too is to help survivors of sexual violence find pathways to healing.

On October 15^th, 2017, actress Alyssa Milano published this tweet: “If you’ve been sexually harassed or assaulted write ‘me too’ as a reply to this tweet.” The response was overwhelming. Famous celebrities and household names retweeted and replied as well as thousands of everyday citizens. Milano’s goal was to create a space for candid conversations and representation after the Harvey Weinstein case. She more than achieved that. However, the thousands of responses in under 24 hours to Milano’s tweet overshadowed Tarana Burke’s Me Too movement that had been a decade in the making. In that decade, Burke did not receive the same resounding support from the white community as Milano did in under 24 hours. This instance is an example of a lack of intersectionality within social movements and a struggle that people of color have faced for years. Burke described her reaction to seeing Milano’s tweet as “panicked,” as she felt that her hard work would be erased. However, Milano claimed that she was unaware of Burke’s campaign and very quickly reached out to Burke after the #metoo tweet in hopes of a collaboration. She also publicly credited the Me Too movement to Tarana Burke on live TV. In 2017, Tarana Burke stated that she wanted the Me Too movement to focus on survivors, not on who owns the movement, and is continuing her work to help survivors of sexual violence.

The president and CEO of Girls Inc. is Judy Vredenburgh. The organization was created to provide a safe space for girls to be able to speak out. The organization also has a teaching program dedicated to education in communication, consent, and healthy relationships, to name a few topics. This education is vital as the American school system has a notoriously lacking sex education program, nationwide. Girls Inc. aims to help our society understand that for every woman who has experienced sexual violence, so has a young girl. Therefore, the perspectives of girls must be recognized and represented in the movement against sexual harassment. It is too often that the youth in our community are left out of conversations of importance. Vredenburgh reiterates the importance of youth in movements, citing the Parkland students who spoke out after the Parkland school shooting. However, Girls Inc. understands that in order to prove successful, a movement of young girls needs adult support to utilize the political power and community influence that is not accessible to those under the age of 18. The ultimate goal of the Girls Too organization and movement has been to provide a space for girls that they were unable to find within the Me Too movement.

Women’s March 2018. Source: Roedar, Phil. Creative Commons.

Girls Too was created after an overwhelming number of teenage girls reported feeling as if their place within the discussion of Me Too would be difficult to distinguish. The high-profile and viral cases that popularized the Me Too movement, such as the Harvey Weinstein case, involved predominantly career-age women. Therefore, the conversations that have arisen from such cases, while including very important dialogue, have been dominated by a particular age category of women. The discussions have not been focused on the youth and the damages young children can incur when they are assaulted. The National Sexual Violence Resource Center has reported that 1 in 4 girls are sexually assaulted by the age of 18 and 2 out of every 3 girls are harassed. Girls who have experienced sexual harassment before the age of 18 are considerably more likely to experience a variety of problems immediately after the event as well as into the future, including but not limited to depression, anxiety disorders, eating disorders, school absenteeism, and PTSD. Girls Inc and Girls Too aims to change the conversation and focus the discussion on helping girls who have experienced sexual harassment and the subsequent effects that may occur. The organization also aims to change the societal norm that allows girls to be viewed in a hyper-sexualized manner.

Despite the successes of these movements in giving women and girls platforms to have their voices heard, Burke also details the increasing, monumental backlash the movements have received as the years progress. She states that Me Too, and Girls Too as a consequence of Me Too, is becoming considered as a plot against men, a witch hunt of sorts. Burke sites Brett Kavanaugh’s Supreme Court confirmation hearings as an example of the new view of Me Too. High profile people have embraced and encouraged the negative perceptions. The President of the United States, Donald Trump, said that the Me Too movement represents, in the context of the Kavanaugh hearings, “a very scary time for young men in America.”

For young girls, it has been difficult to find their place in a movement that has been dominated by middle aged women. They have similar experiences with sexual harassment as the women who have been vocal with the Me Too movement, but do not have the political power or societal prestige that comes with being an adult. Girls in middle schools and high schools create lists among their friends of boys who have become notorious for treating women badly, just so they and their friends can avoid them. Word spreads among girls in colleges and universities about which fraternity parties should be avoided, which fraternities can be labeled as the “date rape frats,” because the use of date rape drugs become so prominent at those parties. Girls are given pepper spray, whistles, and alarms as graduation gifts to provide a semblance of security against the inevitable moment of fear that can occur when walking alone. It is important to remember the goals of the Me Too movement and the Girls Too movement as being safe spaces for women and girls to share their stories. The movements are also movements of empowerment, giving power back to women and girls who have had it stolen from them. We must continue to support Me Too and Girls Too by acknowledging and understanding their work and importance in order to further the progress the movements have initiated.

Healthcare Disparities for Rural Communities

Hospital closed sign directing patients to the next nearest hospital — Hospital Closed. Source: Nigel Goodman, Creative Commons

Access to healthcare is one of the biggest predictors of health. When someone has access to healthcare, they are more likely to seek treatment for and catch chronic diseases in early stages. This can greatly improve health outcomes and quality of life. However, when access to healthcare is restricted in any way, health outcomes and quality of life decrease, those who need consistent treatment may go without, and preventable deaths increase. Rural areas disproportionately face decreased access to healthcare, which greatly affects the health and productivity of these already disadvantaged areas.

Lack of Insurance

There are many barriers to healthcare that rural Americans face. First of all, there is a lack of insurance. This is mainly because insurance premiums are more expensive in rural areas than they are in urban areas. Urban areas have larger populations, which encourages more insurance companies to compete with each other, driving the costs of premiums down. Additionally, their larger population means the cost of medical expenses can be spread among more people. This also lowers premium prices. Because these two factors are not present in rural areas, they are left without affordable healthcare.

Additionally, many people in rural areas have incomes that fall in th e gap between qualifying for Medicare and being able to afford private insurance. Medicare is available to specific low-income groups. In states that haven’t expanded Medicaid, the most common income limit for Medicaid eligibility is 43 percent of the Federal Poverty Line and childless adults are excluded regardless of income. These qualifications leave over 2 million adults in the United States uninsured. Insurance is important because it can help cover costs of healthcare which can otherwise become insurmountable. Those without insurance are less likely to seek healthcare, and when they do, it is typically worse quality than those with insurance receive. Additionally, when an uninsured individual does seek healthcare, the costs are sometimes too high and turn into medical debt. Since much of the rural population is uninsured, these problems plague many of them.

Closing Hospitals and Pharmacies

Those that do have insurance still face a bigger problem: many rural areas don’t have hospitals within a twenty-minute drive. 25 percent of those living in rural areas report that they have to drive at least 30 minutes to get to the nearest hospital. In fact, almost one in four rural Americans say access to adequate healthcare is a major issue for them. Additionally, many hospitals in rural areas are shutting down, leaving communities without the healthcare they are used to. Since 2010, there have been over eighty rural hospital closures, mainly in the southeast. These hospital closings have a devastating effect on the communities they were a part of. Mortality rates for accidents, heart attacks, strokes, and anaphylactic shock risedue to longer ambulance rides. Additionally, residents may be unable to attend routine appointments because of transportation limitations; much of the rural population is elderly, which restricts their ability to drive, and public transportation is less common in rural areas than urban areas. This also means that with the onset of troubling symptoms, residents of rural areas may wait longer to see a doctor because of the inconvenience.

Many rural areas also lack pharmacies, which can hurt those who rely on prescription drugs for good health. Even the rural communities that have hospitals may lack a pharmacist, and many of the pharmacies in rural areas are in danger of closing; many have already. This is due to higher costs of medications at rural pharmacies and lack of pharmacists in rural areas. This can have a devastating effect on residents, as many go periods of time without their prescriptions—like Insulin or medication for depression— until they can get to the nearest pharmacy. Additionally, pharmacists in rural areas are helpful in educating the community on when they can use over-the-counter meds and when patients should see a doctor.

But why are hospitals and pharmacies closing? They have few patients, many uninsured, and they are greatly affected by states’ refusal to expand Medicaid. Medicaid expansion, which 14 states have not ratified, would close the gap between those that qualify for Medicaid and those that can pay for private insurance. As discussed previously, those with insurance are more likely to seek medical care, which would bring more business—and therefore, funding—to hospitals and pharmacies, making them less likely to close. Additionally, they lack the staff required to stay open. 99 percent of students in their last year of medical school report they plan to live in communities with over 10,000 residents. Without a staff, a hospital cannot stay open.

Lack of Specialists

In many rural areas, including those with hospitals, there’s a lack of specialists, like oncologists and OB/GYNs among others. Specialists typically work in large hospitals that have adequate resources, so they tend to reside in cities. This means that those with specialized needs often have to drive to the nearest city to receive care. Traveling can pose a problem to many rural Americans as many of them are older, but this also affects many younger rural inhabitants as they may not have the time off from their jobs to drive hours to receive specialized care. This leaves many without treatment that they need and worsens health outcomes. This is especially concerning considering many rural communities have higher rates of diseases than urban communities do. Specifically, “rural African Americans have higher rates of cancer morbidity and mortality than other rural residents and have higher rates of comorbid conditions” according to Robin Warshaw from the Association of American Medical Colleges. Rural African Americans also have higher rates of disease than urban African Americans. This makes the fact that specialists are not easy to access even more concerning, especially considering they are the largest rural minority. Minorities in general have less access to healthcare, and living in an area that doesn’t have easy access to healthcare in general can exacerbate this issue.

Low Health Literacy

The healthcare system is complex, which means that patients have to work to understand what care they need and when they need it. The ability to do so is called health literacy. Studies have shown that health literacy is important to health outcomes. The higher level of health literacy a person has, the more likely they are to seek out preventative care, such as screening tests and immunizations, that can catch diseases in early stages or prevent them altogether. If a patient doesn’t understand what the doctor tells them, they are less likely to be comfortable enough to seek care. Additionally, higher health literacy rates make it easier to understand how to manage existing conditions. In addition to less access to healthcare, rural Americans have lower health literacy, which compounds their health problems. However, because rural citizens are less likely to have access to health care, it is especially important for them to have high health literacy, which can be attained by using programs that work to educate patients and clinicians on the importance of patients having an active role in their healthcare.

Solutions

Rural healthcare in America is a big problem, but it can improve. In addition to the health literacy programs, there are many solutions to close the gap in healthcare between rural and urban areas. While the common medical school experience trains students for work in populated areas, a consortium of 32 medical schools has created a rural healthcare track with their medical schools. This not only puts more doctors in rural areas, but also trains them for rural areas’ specific health needs. While the program is too new to see a significant increase in rural healthcare professionals, the majority of students who have gone to residency have stayed in rural areas and are studying specialties that are in much needed in rural areas. Additionally, there are many scholarships for those planning on practicing medicine in rural areas, further encouraging medical students to practice in areas in need of doctors.

From the Ashes to the Stage: Indigenous Culture in the Performing Arts

On Tuesday, October 29^th, the Institute for Human Rights co-sponsored an event alongside UAB’s College of Arts & Sciences and Department of Theatre to present indigenous actor, choreographer, director, and educator Michael Greyeyes. During his lecture and discussion with audience members, Greyeyes addressed issues such as the realities of being a stage performer, becoming a director, and indigenous representation in the media.

Greyeyes prefaced his lecture by acknowledging the original caretakers of the Birmingham area, namely the Chickasaw and Muscogee tribes. Following, Greyeyes began to mention a meeting he attended about “conflict”. He emphasized that conflict could elicit an array of emotions such as anger, frustration, and fear. However, he claimed that conflict is necessary, much like fire, because it burns away what is unnecessary.

Born and raised in Saskatchewan, a province of West Canada, Greyeyes moved to Toronto as a young man to work for The National Ballet of Canada. During this time, the company was resurging from its own series of ashes by elevating new leadership and young dancers. After his 4-year apprenticeship that took him around the world and back, Greyeyes had residencies as a performer in New York City, Pittsburgh, and Los Angeles. “Ever the migrant”, he exclaimed.

In Los Angeles, consumed by a restless artistic interest, Greyeyes took up acting. However, as a person of indigenous heritage, he often found himself disillusioned by being typecasted into roles such as “Native doctor” or “Indian lawyer”. Greyeyes then chose to continue his “re-education” by pursuing a Master’s in Fine Arts at Kent State University. Following, he was asked to take on a new role in the performing arts as a director. As a result, Greyeyes has found himself in the position to refine what it means to be a director at his non-profit, Signal Theatre, where he spends considerable time on development and training performers. Thus, the end-product becomes an intimate performance that is suited to resonate better with its audience.

Greyeyes closed his lecture by alluding to our political landscape with the Talking Head’s lyric “Same as it ever was” and suggested that, in times such as this, artistic creativity has the opportunity to challenge new conflicts by rising old memories from the ashes and expressing what we hold dear.

**Greyeyes engaging with an audience member. Source: UAB Institute for Human Rights**

After his lecture, Greyeyes took questions and comments from the inspired audience. One person mentioned that conflict in their parent’s native land of Egypt raised parallels with what indigenous communities have endured through colonialism. Greyeyes responded by mentioning there are high numbers of indigenous soldiers in the armed forces and that he has even played this role on the big screen. Although, the families of these soldiers are the ones who must pick up the pieces. In response, Greyeyes created A Soldier’s Tale which is a passionate dance performance about veterans with post-traumatic stress disorder (PTSD).

He stressed that when non-indigenous people “write us” into the script, their perceptions come out and it generally doesn’t sound right. Thus, he expressed his most acclaimed role by the indigenous community was his True Detective performance as a solider shattered by the Vietnam War. Although, this character was not written in the storyline as a “Native solider” rather an everyday veteran that was given an indigenous perspective by Greyeyes himself. From the ashes to the stage.

The Legacy of Lynching: How Hate Violence Still Haunts The American People

This is a Black man being hung from a tree with his tied behind his back during the 20th century and is used to demonstrate racial terror. — Source: Yahoo Images

I remember when I first saw a photo of a lynching. I couldn’t have been more than ten years old and was afraid to go outside of my house or attend school. I told my mother that the people that were hanging could not have been viewed as human but as objects of intimidation and pure terror. I recall the trauma from this photo I experienced as a child. The fear and concern for me and my family began to really scare me. Once researching this photo, I told my mother about it and she told me to research the word “lynching”. Upon the discovery, I stepped into this dark time of American history and I have become an advocate against the violation of human rights since then. As discussed by Paula Giddings, professor of Afro-American Studies, the historical definition of this term is when someone is put to death by hanging by a mob consisting of three or more people. Lynching is done without a legal sanction, a trial, or a court sanction and actually began during the Revolutionary War. It did not become an issue of racial terror until 1886 when the number of Black lynching became higher than that of White lynching.

The National Association for the Advancement of Colored People (NAACP), an organization that fought against the struggle against lynching discusses the act of lynching and the nature of its terror. Lynching in America was done as an act of terror against Black people following Reconstruction in the late 19th century. The organization estimates that between the years of 1882-1968, 4,743 people were lynched. Among those people, 3, 446 of those victims were Black. The Equal Justice Initiative, an organization dedicated towards the liberation of oppressed people in America has done much research on lynching. It documents the practice being done in mostly Southern states such as Mississippi, Alabama, and Georgia. It was not limited to the Southern states. The organization lists that it also occurred in other Western states such as Illinois, Kansas, and Oklahoma. So, during this time after Reconstruction, racial lynching was a nationwide phenomenon.

Demonstrators of the NAACP protesting against the terror of lynching and brutal murder of Black lives in America. It includes men and women protesters advocating for laws against lynching. — Source: Yahoo Images

Research from the NAACP and Giddings notes, that most of these acts of brutality were justified in the eyes of many Southerners. It was used as a method of intimidation to Black people within their communities which resulted in this season of racial tension. Lynching was also a tactic that was influenced by the desire to protect the Southern white womanhood. In the eyes of Southern whites, there was this notion that Black men were sexually aggressive and predatory towards white women. Most lynching were motivated by the accusations of sexual assault and violence of Black men against white women. Although that was the story that the history books told, I knew that it had to be more to the story than that. I wanted to study more about lynching because it affects so many things in our society and our country overall. For all these incidents of racial terror to occur for so many years, the effect of that terror does not just cease. As I came to college and became more of an activist, I wanted to do my own research on lynching. I began to understand the importance of studying the ugly moments in history because we are told to forget.

Although the act of lynching has decreased at a tremendous level, the attitude and the justification of lynching has not. During my research, I discovered lynching was not only subjected to death by hanging, but also through beatings or being burned alive. Not only the denial of a trial but to hang someone from a tree who was most of the time innocent of the crime they were accused of. The victims were confronted by a lynch mob in jails and then beaten and tied with rope. The most shocking thing about all this was the vigilantism about it and the act of mobs storming into a jail cell to retrieve an innocent man or woman and deny them a fair trial. Hanging was not the only form of punishment they endured. Giddings also notes that victims were also burned alive, dismembered, or even dragged by vehicles, beaten, and even castrated. As lynching became spectacles for the white people in these communities, it became clear to me that these victims could not be viewed as human beings during this time. This was during a time period in America where Black people did not have many civil or human rights. The rights of their humanity were not protected under the American law as many white people did not even look at Black people as citizens. The ADL, an organization for anti-hate advocacy, declares that there was this notion of superiority that allowed for the white race to feel superior to the Black race. This notion is the foundation of white nationalism and white supremacy in the United States.

Lynching was viewed as the hate crimes of their day and were often used to maintain their superiority and social order in America. This lack of respect for their humanity is displayed as they were killed simply because they were Black. They were not seen as humans and their rights were not protected under the law. This problem of the lack of recognition of the human rights of Black people has left a damaging legacy and continues to contribute to the racial issues in America. Recently, I have visited the EJI museum and witnessed the jars of the soils of the sites of the lynching victims. There were so many, and it dawned on me that all these human beings could only be remembered in a jar of soil. Then I visited the National Memorial for Peace and Justice and saw the pillars of the lynching victims in America. Not only did the number of pillars completely shock me, but as you walk down the area, the floor descends, and the pillars ascend. This was to represent the victims hanging from the trees as the pillars are hanging from the ceiling. Breathtaking is not strong enough of a word to describe how I felt, I felt helpless and full of sorrow because I could not help them nor fight for them. All I could do was memorialize them as the ones that died in the struggle for Black liberation.

This is the National Memorial of Peace and Justice in Montgomery, Alabama. This is the pillar display to memorialize over 4, 000 lynchings of Black people. — Source: Yahoo Images

As I think about this kind of hate violence, I begin to think of other victims whose lives have been taken by hate. I think about people such as Emmett Till, James Reeb, Matthew Sheppard, Brandon Teena, and countless others. To me that kind of violence that is motivated by hate is the most abrupt and vicious attack on human rights. Although this type of hate violence occurred during Reconstruction, there is this overwhelming feeling that hate violence have been steadily increasing in these present times. This kind of hate violence has left a haunting legacy that still haunts our society today. In an article by the Washington Post, it discusses the rise of hate crimes and the target towards minority groups and religious groups. These groups include crimes against the LGBTQIA+ community, people of color, and Muslims in America. I feel as though the motivation of this growing trend is due to white nationalism and the desire to return to a society where white populace was the dominating voice in the country. Hate crimes have been recognized by the Human Rights Campaign in regards to hate crime related violence. Even though it has been declared by legislation, there needs to be more advocacy for ending hate crime violence in the United States.

Hate crimes are committed to express prejudice and hate against a certain group and in this act, one does not see these victims as human. Instead, the victims are seen as people that must be punished for ruining or destroying what they consider as “their country”. Of course, this is not moral justification to commit violence against humans, but this is normally the attitude of the ones who commit this violence. To me, legislation is not enough to combat this issue without the acknowledgement of the history of hate violence. There must be conversations about where hate violence stemmed from. I have always lived by the quote of “you have to understand the past to understand the present”. By us being able to able to talk about the past, it will allow us to be able to dissect the problem at the root and create resources to prevent it from occurring.

As a nation that is so rich in diversity, there is not any room for hate towards its American citizens. There is certainly not any room for violence against its American citizens as the rights and safety of American citizens should be protected under the law. If we are really going to move forward as a country, I believe that the country needs to be honest with itself about what has been done in the past. It is imperative because as hate violence was done in order to preserve white supremacy during the lynching period, the same notion remains in our society today. Another aspect is the lack of punishment for people that commit these crimes, and this really exposes the problems that continue to harm the people within our society. Every citizen in this country should be protected under the law along with their rights.

If we are really going to look at the root cause of this problem of hate crime and violence, then we need to take a look in the mirror and decide if we even value humanity.As a country, we failed during the era of lynching as we failed to recognize our humanity, but that narrative does not have to remain this way for the rest of our lives. There must be more conversations and resources for advocacy against hate violence, it is imperative at this point. It is imperative to ensure that the dark history of lynching and hate violence does not repeat itself as history tends to do. On my part, I have always been dedicated to the liberation of oppressed people and the protection of human rights for minority groups overall. In this I am a fellow of the Jefferson County Memorial Project that does research on lynched victims in Jefferson County. I appreciate this work because we owe it to them to tell their story and memorialize them. As a part of this fellowship, there will be an opportunity to create conversations in the Birmingham community in an educational way. It is also important to implement this education within the nation about this dark history so that we can see how it affects us today as Americans and how we can dismantle hate violence at the root.

“Who Are You?” Yusef Salaam of the Exonerated Five Shares His Story

On Tuesday, October 8^th, the Institute for Human Rights co-sponsored an event alongside UAB’s Office of Diversity, Equity, & Inclusion, Student Multicultural & Diversity Programs, and College of Arts & Sciences to present criminal justice advocate Dr. Yusef Salaam of the Exonerated 5 (formerly known as the Central Park 5). During his conversation with UAB’s Dr. Paulette Patterson Dilworth, they discussed his time incarcerated, race in the 21^st century, and the recent Netflix special When They See Us, among other related topics.

In April 1989, following the sexual assault of a white woman in New York City’s Central Park, five young Black and Hispanic youth were convicted for this heinous crime despite inconsistencies in DNA evidence. In the process of weathering the media storm and pressure from local authorities, Salaam claims he had a “spiritual awakening” that was being shaped by the hands of God. About six months into his bid, Salaam was debating if he was doing time or if time was doing him, when an officer approached him and asked, “Who are you?”. After giving the officer his full name, the officer replied, “I know that. You’re not supposed to be here. Who are you?”. This moment changed his entire trajectory because Salaam realized he was born with a purpose. As a result, Salaam earned a college degree while in prison and suggested this accomplishment means he could do anything. He argues that many in the public eye were looking at him with hatred because they saw his future self, an educated Black man fighting for racial and criminal justice.

After serving nearly seven years for a crime he did not commit, a confession and DNA match from Matias Reyes in 2002 allowed the release and exoneration of Salaam as well as Antron McCray, Kevin Richardson, Raymond Santana, and Korey Wise. Aside from Salaam and Wise’s acquaintanceship, the Exonerated Five did not know each other. Due to police profiling, they were rounded up by NYPD, interrogated, and pressured to confess to false narratives about one another, thus having to fight individually for themselves as well as their families. The Exonerated Five never discussed these events among each other because they assumed everyone had the same experience. However, upon a pre-release screening of When They See Us, which Salaam claimed was a “traumatic experience”, the Exonerated Five had the opportunity to process the series of events that would bind them together forever.

Dr. Salaam speaking with Dr. Dilworth. Source: UAB Institute for Human Rights

Although, the story does not end here. As fate would have it, then future U.S. President Donald Trump actively participated in promoting the execution of the Exonerated Five through an ad in local newspapers. Furthermore, Salaam’s claim that President Trump is responsible for “cosigning folks in Charlottesville” suggests our current cultural, social, and political environment encourages racial and criminal injustice. In response, echoing Carter G. Woodson’s treatise “The Mis-Education of the Negro,” Salaam exclaimed that history is trained and taught into a people. As a result, people of color, namely Black Americans, can become so destroyed by a system that they don’t want to participate. Although, Salaam said such a position suggests, “Non-participation is participation.” Thus, we, ourselves, are the answer.

This brings us to how we, particularly white folks who have orchestrated institutions to disadvantage people of color, can be the change we want to see. As Salaam suggests, “The system is working the way it was designed.” Thus, systemic issues disproportionately affecting people of color, such as police profiling, generational poverty, underfunded schools, and weakened voting rights, must immediately be addressed and reformed. Eradicating these injustices will unlikely be in in our lifetime, although current efforts by Black Lives Matter, Innocence Project, The Sentencing Project, and Woke Vote, among many others, shine a light on what we have, and can, accomplish.

Who are you?

Providing Equal Justice for All

By Pamela Zuber

“We have to reform a system of criminal justice that continues to treat people better if they are rich and guilty than if they are poor and innocent.” – Bryan Stevenson, founder of Equal Justice Initiative and author of Just Mercy

Inside of a jail, a dark hallway with green jail cells on either side — Source: Pixabay

Money can’t buy happiness, but does it buy justice? Or, more accurately, does it help people avoid justice? Does money provide unfair advantages?

Athlete and actor O. J. Simpson famously assembled a team of some of the most prominent lawyers in the United States to defend him after he was accused of killing his ex-wife and her friend. Dubbed a legal dream team, these defenders helped Simpson win acquittal on criminal charges in 1995, although he was convicted of civil charges in 1997.

Wealthy financier Jeffrey Epstein could have been convicted of federal sex crimes involving teenagers in 2008 but pleaded guilty to lesser charges in a Florida state court. During his sentence, he was allowed to leave prison for up to twelve hours every day for six days a week. Epstein also had private security and his own psychologist while staying in a private wing of a Miami prison.

After serving thirteen months, Epstein traveled frequently to New York and the Virgin Islands while he was on probation. Epstein committed suicide in prison in August 2019 while awaiting trial on charges of sex trafficking and conspiracy to commit sex trafficking. The trafficking trial continued after his death.

Did Simpson and Epstein’s money, power, and connections help them avoid justice? If so, what does that mean for the average person and can we do anything to change it?

Understanding poverty and imprisonment

“In all criminal prosecutions, the accused shall enjoy … the assistance of counsel for his defense.”
– Sixth Amendment of the United States Constitution

“If you cannot afford a lawyer, one will be provided for you.”
– Description of Miranda warnings issued to suspects

According to the U.S. Constitution and the 1966 U.S. Supreme Court ruling Miranda v. Arizona, people accused of crimes have the right to obtain an attorney for their defense. Wealthier people have the financial resources and social connections that allow them to hire experienced private attorneys. If people cannot afford such legal assistance, they may defend themselves or receive the help of court-appointed attorneys.

Although court-appointed attorneys are sorely needed, the system that employs them has experienced major problems. According to the Equal Justice Initiative, “[p]oor people in most jurisdictions do not get adequate legal representation. Only 24 states have public defender systems, and even the best of those are hampered by lack of funding and crippling case loads.”

Even if they secure representation at trials, poor people often cannot afford attorneys to represent them at appeals and other legal system procedures. Well-heeled suspects, meanwhile, can often better afford experienced representation throughout the judicial process and other benefits of such representation.

“People in prison and jail are disproportionately poor compared to the overall U.S. population,” noted the Prison Policy Initiative. “Poverty is not only a predictor of incarceration; it is also frequently the outcome, as a criminal record and time spent in prison destroys wealth, creates debt, and decimates job opportunities.” Even after poor people leave prison, their punishment continues. Poor people who are convicted of crimes often find it difficult to find jobs, housing, and other opportunities after they serve their sentences.

Much of this prosecution and imprisonment relates to drugs. “Over 1.6 million people are arrested, prosecuted, incarcerated, placed under criminal justice supervision and/or deported each year on a drug law violation,” reported the Drug Policy Alliance.

While some people turn to selling drugs when they feel they have few other economic opportunities, that is not the case for many people arrested for drug violations. People may face severe penalties just for possessing drugs for their own personal use. If they’re poor, they’re less likely to have access to effective addiction treatment, so they have a greater chance of staying addicted. There is a greater likelihood that the police will catch them with drugs in their possession.

Once arrested, poor people face medical and psychological problems relating to their addiction. They face criminal and financial problems due to their arrest, incarceration, defense, and trial. Such problems often make poor people even poorer.

Making the legal system fairer

Some areas are looking for ways to make justice fair for all, not just the more financially secure. Writing for the Wisconsin Center for Investigative Journalism and Wisconsin Public Radio, Emily Hamer and Sheila Cohen stated that “[t]he Wisconsin Constitution states cash bail can be used only as a means of making sure the accused appears for the next court hearing — meaning judges are not supposed to consider public safety when making decisions about bail.”

Similarly, in 2018, former California governor Jerry Brown signed Senate Bill 10, a measure that would have abolished cash bail in the state. The state’s bail bonds industry struck back. It collected enough signatures to make this measure a 2020 ballot referendum so voters could determine its validity. Between the 2018 bill signing and the 2020 referendum, some California courts and reformers worked to promote changes to California bail practices and courts.

Representation may be becoming fairer as well. The American Civil Liberties Union (ACLU) investigated legal representation in the state of Michigan and found it wanting. In response, the state created the Michigan Indigent Defense Commission in 2013. The commission pays for staff members and training for cases and creates standards for court-appointed attorneys.

Michigan’s commission also includes a useful FAQ section on its website to help people understand and navigate the court-appointed attorney process. It describes how court-appointed attorneys must visit clients who have been jailed within three days, for example, and explains other rights of the accused.

Investigating laws and how they impact people

U.S. states are also investigating laws to determine if they’re fair to all of their residents. Many states have mandatory minimums, which are mandatory minimum sentences that people must serve if they’ve been convicted of certain crimes. According to the U.S. Sentencing Commission, during the 2016 fiscal year, African American and Hispanic people were more likely to be convicted of offenses that garner mandatory minimums.

The conviction rates of these groups don’t match their overall representation in the U.S. population. While Hispanic or Latino people accounted for 40.4 percent of the people convicted of mandatory minimum crimes in 2016, U.S. Census estimates from 2018 placed the Hispanic or Latino population of the United States at 18.3 percent. The U.S. census estimated the African American or black population as 13.4 percent in 2018, but people in this group accounted for 29.7 percent of mandatory minimum crime convictions.

Black and Latinx people traditionally have made less money than white people and continue to do so. The U.S. Census Bureau reported that in 2017, the median average income for households who identified as white and not Hispanic was $68,145. For Hispanic households, the median income was $50,486, while the median income for black households was $40,258.

Lower incomes have traditionally meant that people were less likely to afford adequate legal assistance. They were forced to turn to overworked, underfunded legal defense programs for assistance, assistance that may have not had the time or financial resources to investigate and defend their cases. If their legal representation faced better financed opposition, accused people may have been more likely to lose their cases, serve lengthy prison sentences, and endure unbreakable cycles of poverty after their releases.

Changes such as bail reforms in Wisconsin and California and the creation of the Michigan Indigent Defense Commission hope to end such unfair outcomes. They strive to make legal representation accessible to all. They aim to make justice truly just.

About the author: Pamela Zuber is a writer and an editor who has written about various topics, including human rights, health and wellness, gender, and business.