Injustice in the Justice System: Disability, Schools, and Incarceration

The image depicts rows of wooden benches in a well-lit classroom.
The image depicts a school classroom. The experience of individuals with disability in schools often contributes to their disproportionate incarceration. Source: Unsplash

Freddie Gray was killed as he was being transported in a police vehicle because the police did not take appropriate safety measures. Gray’s encounter with the police undoubtedly involved racial biases held by the officers due to their perceptions of African American men. However, another aspect of Gray’s identity, which lead to him being disproportionately impacted long before his encounter with the police, played a role in his untimely demise at the hands of an unfair system. Gray had a developmental disability as a result of growing up in a house with lead paint, which meant he was unable to understand multi-step instructions. This, however, was not identified early enough for Gray to receive accommodations in school. Due to this lack of support, Gray had a difficult time in school, ultimately leading to suspensions and dropping out of high school. Since then, Gray came in contact with the criminal justice system multiple times. Gray’s story displays the complex, intersectional impact of various factors that lead to an individual being disadvantaged by our society, including race, socio-economic status, and disability. Moreover, it displays how lack of appropriate identification and accommodation for students with disabilities increases their likelihood of entering the school-to-prison pipeline.

My previous post investigated accessibility of the criminal justice system to people with disabilities. This article will focus on the factors that lead to individuals with disabilities being incarcerated at a disproportionate rate, with a special focus on individuals with intellectual and developmental disabilities. This disproportionately impacts children and individuals with developmental disabilities, both through the school-to-prison pipeline and through either exploiting or ignoring them in proceedings.

The School-to-Prison Pipeline for Individuals with Disabilities

It has been shown that dropping out of high school increases the likelihood of a child encountering the criminal justice system. This tendency is reflected in the prison and jail population as well. A paper by Respect Ability on disability and criminal justice reform reported that high school completion rates amongst incarcerated individuals is low – two-thirds of people in state prisons and seven out of ten people in jail have not completed high school. The literacy rates of incarcerated individuals also demonstrate the connection between education and incarceration. The National Assessment of Adult Literacy Survey, carried out by the U.S. Department of Education in 2003, reported that prison inmates had lower literacy rates than their counterparts that have not been incarcerated. While disparities found in the survey have decreased since the 1990’s, there were significant differences in literacy.

This relation between educational attainment and incarceration means that people with disabilities, who have a lower high school graduation rate than their peers who are not disabled, are at disproportionate risk of being incarcerated. While 84.6% of individuals without disability graduate high school in 2019, only 67.1% of students with disabilities graduate high school. The cause of this may be three-fold. Individuals with disabilities are not always provided accommodations to allow them flourish in the classroom. While 1 in 5 children differ in their learning abilities, with conditions like dyslexia or ADHD, only 1 in 16 children have IEPs, which are plans to provide accommodations and supplemental instruction. They also do not always receive a diagnosis that allows them to get accommodations in classes. This disproportionately impacts girls with developmental disabilities. For example, autism spectrum disorder is less likely to be identified in women than in men due to lack of knowledge about differences in presentation in males and females. This issue intersects with race as well – individuals in minority communities may find it particularly difficult to get a diagnosis. Moreover, people with disability are twice as likely to receive an out of school suspension as people without disabilities, and students who are suspended are more likely to drop out of school. Male African American and Latino students with disabilities have the highest suspension rates, once again showing how intersectionality leads to a more severe worsening of outcomes.

The image shows coiled, barbed wire on top of metal fences found in prisons. There is a partly cloudy sky in the background.
“Prison security system” by x1klima is licensed under CC BY-ND 2.0.

People with Intellectual and Developmental Disorders

People with intellectual and developmental disorders (IDD) are further disadvantaged in the criminal justice system due to multiple reasons, often leading to the person with the disability being ignored or coerced in proceedings. One of the foundational issues is that people with intellectual and developmental disorders are not appropriately identified. The determination of whether an individual has an IDD varies by state, with a judge making the decision in some states and a jury in others. One commonality, however, is that the evaluators chosen to assess the status of developmental or intellectual disability are often not qualified to do so. They lack a nuanced understanding of the conditions they are to assess – for example, they are not aware that people with IDD sometimes deny their disability. In the Hall v. Florida case, the supreme court made the important ruling that individuals cannot be diagnosed solely based on the results of an IQ test, but more needs to be done to ensure IDD is accurately identified. False stereotypes about the abilities of individuals with disabilities systematized through unqualified evaluators often means people with disabilities do not receive the full protections offered to them by the law.

However, an accurate determination alone is insufficient to guarantee that the rights of people with IDD are upheld in the criminal justice system. During the judicial proceedings, individuals with IDD may be coerced or left out completely, both of which are problematic. Individuals with IDD may be forced or manipulated into making false admissions of guilt, at times due to their desire to please the questioner. Individuals with IDD may also waive their rights, such as when the Miranda warnings are read out by police officers, without fully understanding their privileges because the information was not presented in a comprehensible manner. The inappropriate assessment discussed in the previous paragraph also applies to deeming individuals with IDD competent to stand trial when they do not have an understanding of the proceedings. This offers further opportunities for individuals with IDD to be exploited. On the other hand, individuals with disabilities are left out of proceedings when they are capable of participating and when their testimonial is crucial. The silencing of competent individuals with disabilities is particularly detrimental when they are the victims of crime, who are seeking justice.

People with IDD are denied opportunities for redress due to stereotyped views of their disability, leading to higher likelihood of incarceration. They are also denied opportunities to correct the behaviors that lead to incarceration because they are not allowed alternatives to incarceration, such as rehabilitation. Once incarcerated, individuals with IDD cannot make use of the same opportunities to reduce their sentencing, as the process for doing so is not communicated in an understandable way. The American Association on Intellectual and Developmental Disabilities advocates for the full participation of individuals with IDD in proceedings, as well as the provision of accommodations that allows them to do so. They also recommend that an advocate specialized in disability be present at all times, in addition to the person’s lawyer, to bring a better understanding of the condition to the proceedings and ensure that the rights of the individual with IDD are upheld.

Fortunately, advocates are working to secure the rights of people with disabilities and ensure fair treatment in the judicial system. The Alabama Disability Advocates Program is one of 57 federally mandates protection and advocacy (P&A) programs which provide legal services and representation for people with disabilities. However, systemic efforts need to be taken to correct currently existing, crucial shortcomings like inadequate methods of identifying disability in courtrooms and schools. Accurate identification of disability and provision of accommodations is crucial in a society where schools are not doing enough to set all students up for success and the criminal justice system does not enforce the protections that people with IDD are entitled to. As mentioned in my previous article on the criminal justice system, it is possible, and necessary, for all of us to create change in this space by contacting local legislators and making our priorities as constituents clear to those who represent us.

 

 

 

Women’s Education in Afghanistan

When the Taliban captured Kabul in August, a bleak future dawned on girls and women across the country. Despite the Taliban’s promise to be supportive of women’s goals under Islamic law, the deadly crackdown on the progress of women’s rights has already begun.  

The Taliban regime, like the older one that ruled from 1990-2001, upon capturing the capital, shut down the Ministry for Women’s Affairs and replaced it with the Ministry for Protection of Virtue and Vice. Later, they announced that women cannot go out in public without a male relative or without being fully covered, and female workers have been instructed to stay home. Education, politics, sports, freedom of expression, and whatever else requires women venturing outside with a voice has been banned by the government, punished by beatings or floggings.  

Afghan Women in Veils
Afghan women in veils with the words “Taliban vow to respect women We can still see We can still watch We can still notice We will no longer accept.” Source: Flickr

Education and Occupations 

Girls’ education in Afghanistan took a lot of effort to achieve, but many obstacles, specifically financial security and accessibility, still stand in the way. Knowledge gives individuals mobility and power to decide their future for themselves — a source of pride that Afghan women have fought for. In Afghan villages and cities alike, many women and girls would work for low wages in poor conditions to finance their education, and now these efforts and opportunities have been ripped away.  

Pride is now fear. After the fall of the Afghan cities Kabul and Herat, the Taliban prohibited girls over 6th grade from attending school and segregated universities between genders. Boys were allowed back weeks ago, but no indication was given to girls — a silence that told them to stay home. The regime previously stated that education will resume under the laws of Islam. Even if girls can go back to school, they may not learn certain subjects such as engineering, vocational education, cooking, and government studies.  

Dreams of becoming pilots, surgeons, activists, and lawmakers have evaporated for Afghan girls, and women already educated under a democratically controlled Afghanistan are seeing their lives turn on their heads. A university student who was supposed to graduate with two degrees from the American University of Afghanistan and Kabul University frustratedly remarked that she must hide any IDs, diplomas, and all evidence that she received a higher education, throwing away decades of work for her career. If she does not do so, she risks the lives of herself and her entire family. 

A class for girls in a village school outside Jalalabad, Afghanistan.
A class for girls in a village school outside Jalalabad, Afghanistan. Source: Flickr

The Taliban is not their only issue, however. Many female political figures remaining in Afghanistan fear retaliation from men they jailed or sentenced. Despite the years of progress since the last Taliban occupation, women in powerful roles still made men in Afghanistan uncomfortable. The Taliban has not instituted strict restrictions on law and order  allowing incidents of physical and sexual violence against women to increase. 

Female Workers 

Women have taken to streets demanding their rights back as the Taliban prepares to deal with international questioning for their rise to power. Although once numerous after the fall of Kabul and Herat, protests are now few and far between. Organized protests were broken up by the Taliban’s gunshots, beatings, and killings in early September, effectively dampening the morale of activists. Now, the regime demands prior registration with a detailed account of the event and any slogans that are to be chanted, decreasing the right to assembly in the nation. 

Female journalists, teachers, activists, and especially judges are also being targeted by the oppressive regime. It is common practice for the Taliban to break into homes of instrumental feminist voices and threaten their families, and the United States’ promise to protect Afghan women activists from the Taliban has fallen flat.  

Former Afghan legislator Fawzia Koofi fled Afghanistan to Qatar after she was placed under house arrest and guarded day and night by the Taliban. Parliament members Shagufa Noorzai and Homa Ahmadi escaped to Athens, Greece, along with 177 other high profile female lawyers and judges with help from the Melissa Network and Human Rights 360. Even though activists like Koofiand Noorzai are far from their home country, they have already started networking to protect the rights of women and girls from where they are. 

In late August, 15 members of the inspiring 20-member Afghan Dreamers fled Afghanistan, with 10 arriving safely in Mexico City, Mexico, and 5 in Doha, Qatar. This all-girls robotics team made waves after winning multiple international robotics competitions in the United States and becoming a luminescent symbol of the potential of girls in science, mathematics, and engineering. These girls left with the hope of continuing their education and competing in robotics tournaments. Some girls voluntarily stayed behind to help education efforts in Afghanistan. They all hope that their achievements and stories will empower girls in their home country to fight for their education and convince the regime to adapt to a new generation of women. 

Private Afghan universities require girls to wear an abaya and niqab.
Private Afghan universities require girls to wear an abaya and niqab. Source: Flickr

Education as a Human Right 

The Taliban violated many articles of the Universal Declaration of Human Rights (UDHR). Article 26 proclaims that basic and fundamental education should be free, compulsory, and equally accessible. Education is stated as the driving force to foster respect for human rights and personal freedoms all over the world which is crucial for women to rise from societal restrictions. 

The head of the Afghan Women’s Network, Mahbouba Seraj, emphasizes that Afghanistan is not the same country that the Taliban left. Women will not sit and stand by while they try to take away their rights. Over 6 million women have established their presence in traditionally male-dominated fields such as media, medicine, law, and government. She believes that the gender equality movement in Afghanistan will prevail over the Taliban’s resistance.  

Earlier in October, the United Nations Human Rights Council voted to approve a rapporteur on the grounds of Afghanistan to investigate and report civil and human rights violations. The European Union’s ambassador to the UN cited particular concern for the restrictive actions of the Taliban against women and girls. In addition to the UN, the public can offer donations to other international human rights organizations that are also working on the safety of female Afghanistan officials and girls seeking to continue their education such as Amnesty International, CARE, and Women for Afghan Women.

The Current State of Sex Trafficking and Celebrity Perpetrators

Girl with text "The Truth about Sex Trafficking"
Source: Yahoo Images

According to the National Human Trafficking Hotline, “Sex trafficking is a form of modern-day slavery in which individuals perform commercial sex through the use of force, fraud, or coercion.” Sex trafficking has commonly been regarded as a human rights crisis that receives an inadequate amount of attention. However, recent news articles surrounding the arrest and conviction of musical artist R. Kelly have invoked national concern over the issue of sex trafficking rings. The arrest of R. Kelly highlighted how minors and members of marginalized groups are disproportionally affected by the sex trafficking industry and that the issue cannot go ignored by media outlets and the public. In 2019, nearly 70% of human trafficking victims in the U.S. were identified as either being sex trafficked, or victims of both forced labor and sexual exploitation. The High Court recently stated that 25 million people worldwide are not afforded their fundamental right to freedom; however, the International Labor Organization estimates the number of human trafficking victims to be approximately 40 million. It is difficult to maintain an accurate report of victims and survivors of human trafficking since cases are largely unreported.  

Who is most at risk? 

Although sex trafficking can happen to anyone, regardless of race, gender, or age, victims are most frequently identified as members of marginalized groups and communities. The National Human Trafficking Hotline stated that “56 percent of prostituted women were initially runaway youth.” Runaway and homeless youth often lack a strong support system making them especially vulnerable to becoming victims of trafficking. Since child participation in commercial sex acts of any capacity is illegal in the U.S. and many countries around the world, these children are a part of a strenuously handled special victims group. Other groups susceptible to human trafficking include those who have endured past traumatic events or violence because traffickers exploit trauma to control and attract their victims.  

Trafficking in the Pandemic  

In recent years, human trafficking has received less attention from the media and general public due to the Covid-19 pandemic occupying the majority of major news publications.  The Covid-19 pandemic may have slightly paused our lives; however, the pandemic did not pause trafficking crimes as many law enforcement officials had hoped. Instead, traffickers have used the effects of the pandemic to their advantage. As many people are experiencing higher levels of economic and social vulnerability, there is consequentially a growing number of individuals put at a higher risk of becoming victims of trafficking. According to the U.S. Department of State, “COVID-19 mitigation efforts, such as stay-at-home orders and travel limitations, increased rates of gender-based violence and substance abuse, both of which put individuals at a higher risk of human traffickers exploiting them.” 

Celebrity Sex Traffickers  

Jeffrey Epstein and R. Kelly
Source: Yahoo Images

American singer and songwriter R. Kelly has recently been accused and convicted of multiple sex trafficking crimes. With accounts that span over two decades, Kelly was found guilty of using his superstar status to bribe and blackmail women and children for sexual exploitation. Tellingly, prosecutors claimed that it was this “superstar” status that allowed Kelly to use his persona to hide his crimes, and his victims, in plain sight. On a CBS interview with Gayle King in September of 2021, Azriel Clary, who had been one of Kelly’s “girlfriends” for five years from the time she was just 17 years old, admitted that she had been heavily manipulated and abused both sexually and verbally, which she also stated while testifying in court against Kelly. Curry went on to say that she regretted defending, now 54-year-old Kelly, in a prior interview with CBS in 2019. Curry admitted that she had lied to Gayle King regarding the condition she and his other victims were enduring in an attempt to satisfy Kelly and out of fear for her own safety. 

Unfortunately, R. Kelly’s case is not the first-or only -time famous artists or other celebrities have used their power to justify and attempt to get away with sexual crimes. One of the most famous of these cases involves financer Jeffrey Epstein, who was arrested in 2019 for his role in facilitating a sex trafficking ring on a private estate in the U.S. Virgin Islands. He was also convicted as a child sex offender due to his role in coercing minors into sexually exploitative acts as well. Some of Epstein’s famous acquaintances include former presidents Bill Clinton and Donald Trump, who each faced backlash for their connection to Epstein yet were not convicted for committing a crime. Regardless of their level of indictment, cases like these have raised questions regarding why so many celebrities feel that their A-list status increases their ability to disregard the law, and how many may be successful in getting away with various crimes due to their social power and other resources. 

The fight against Sex Trafficking & #MuteRKelly 

people protest outside with #MuteRKelly signs
Source: Yahoo Images

Many current anti-trafficking efforts have had to adapt swiftly amidst Covid-19 protocols and safety measures. According to the U.S. Department of State’s 2021 Trafficking in Persons Report, “governments and civil society organizations conducted in-depth research assessments on the impacts of COVID-19, leveraged technology as a method to address emerging trends, adapted policy approaches, and sought to expand protections for victims.” The anti-trafficking communities’ pivot has been essential in the continuous attempt to rescue and prevent victims from trafficking and the ongoing data assessment and research of current information.  

Regarding R. Kelly’s case specifically, viewers of the accusations and trials have taken to the streets in protest and to social media in attempt to “#MuteRKelly” in support of his victims. Although the “MuteRKelly” movement was deemed by his own supporters as an unnecessary use of ‘cancel culture’ tactics, many have stood their ground that Kelly made no excusable offense and should face up to life in prison. 

Learn more about supporting possible sex trafficking victims and how to receive help by visiting the National Human Trafficking Resource Center, or the National Center for Missing and Exploited Children. 

The History of Policing in the US and Its Impact on Americans Today

Feature Picture
Several policemen in riot gear spray the camera crew walking by with a fire hose. Source: Yahoo Images

Policing in America has a long history, one that dates back to the founding of this country. Although it has always been a controversial issue, the recent instances of police brutality that have come to light along with the increasing momentum behind the Black Lives Matter movement have forced it back into the social and political limelight. The differences in beliefs are influenced by popular political outlets and political activists on both sides of the spectrum. However, when examining the history and the facts surrounding the creation and implementation of the policing system in the US, it is clear that policing also shares a racially biased history.

The History of Policing in America

The history of policing can be traced back to the days of slavery in colonial America. In the South, where slavery was central to the economy, slave patrols, responsible for capturing runaway slaves and returning them to their masters, was the first unofficial police in America. Considering how slavery itself was one of the most egregious treatments of mankind in human history, slave patrols were especially cruel in the ways they captured runaway slaves and punished them for their daring escapes. Slave rebellions were a constant threat to the economic status quo of the southern plantation owners, and slave patrols ensured that these owners were able to intimidate and punish any insurgencies or revolts. In return, these wealthy plantation owners protected the interests of the slave catchers. As a result, this practice created a social hierarchy between the wealthy landowners at the top, the slave patrols separating the wealthy from the poor, and the slaves who were at the bottom of this hierarchy.

To show that the history of policing as slave patrol is a known fact
A crowd of protesters advocating for the end of police brutality. One of the women in the crowd holds a that reads, “US police began as slave patrol.” Source: Yahoo Images

These slave patrols slowly morphed into policing units in charge of breaking up insurgencies that began to rise in the aftermath of the Civil War. When the Civil War ended, many colonists, especially Southerners, felt threatened by the population of freed African Americans, arguing that they would disrupt the social order. As a result, African American communities experienced an increase in violence committed against them in the form of police brutality. The Reconstruction Era, which came immediately after the Civil War,  was a racially charged environment, as the newly freed citizens attempted to live peacefully amongst their oppressors.

During the Reconstruction Era, cruelty was the policing style, and protecting the economic interests of the wealthy proved very beneficial to these units. Police were used as a way to provide a sense of security for the white communities, keeping the black communities intimidated and segregated from the white population. Additionally, reconstructing the South after the war would require a lot of free labor, and much of the reconstruction that took place was achieved through the enforced hard labor of the newly freed populace, who were shortly enslaved again, this time through the prison system.

Known as the Jim Crow laws, a number of legislations were passed in an attempt to keep the black and white communities segregated, and racist policies were put in place to target and imprison people of color. In part due to the loophole in the thirteenth amendment, which abolished slavery except as a form of punishment, policing centered around rounding up and arresting African Americans for violating the racist Jim Crow Laws, denying them their fundamental rights as human beings. Racism was still rampant in the South and was especially tolerated under the prison system. Ironically, the loophole provided by the thirteenth amendment gave rise to today’s prison industrial complex.

These racist policies were further encouraged by the passing of the “separate but equal” verdict by the Supreme Court in the Plessy v. Ferguson case, and they continued to target African Americans for simply existing. The Plessy v. Ferguson case argued that as long as both white communities and black communities were able to have access to the same resources, they could remain segregated. The verdict only emboldened and encouraged policing to incorporate racism into lawful practice. Unfortunately, this legal segregation lasted almost a hundred years, until the passage of the Civil Rights Act in 1964.

Continuing their roles of breaking up insurgencies, policing during the Civil Rights Movement centered around riot control. As the Civil Rights Movement took place, inspiring hundreds of people to come together to demand justice, police were on the frontline of the opposing end, protecting the economic interests of America at the expense of human beings. Police used water hoses, police dogs, tear gas, and other crowd control measures to break up protests and peaceful sit-ins. The police would also brutally beat up and bruise the peaceful protesters, while others were incarcerated for daring to protest for their civil rights.

Policing since then has evolved to incorporate discriminatory practices, such as the “stop and frisk” policy – which empowers police to stop and search someone without a warrant if they have a reason to believe that individuals are doing something wrong – or the practice of racial profiling individuals to “fit” the description of a suspect the police can then target. Along with these practices, the war on drugs further aggravated the situation, granting the police the power to detain drug users by racially targeting people of color, and further enabling discrimination and harassment of marginalized communities. Today, the discrimination that is present in policies like stop and frisk, and racial profiling; and the war on drugs upholds the social hierarchy created during the times of slavery. These unethical policies continue to bolster the wealth and income inequality between wealthy communities and marginalized communities.

Additionally, the Revolving Door Phenomenon continues the historical practice of sabotaging marginalized communities. The Revolving Door Phenomenon refers to the fact that even after prisoners have served their time and get released, many of them end up back in prison. This is largely due to the many difficulties they face upon re-entering society, like finding employment, finding housing, securing transportation, and not being able to vote and be represented, to name a few. They can also face homelessness, and as a result, become victims of police brutality. Unfortunately, police brutality is still rampant to this day with no accountability of the police. The Black Lives Matter Movement, which became a worldwide phenomenon during the summer of 2020, is attempting to bring an end to police brutality and the violent murders of unarmed African Americans committed by the police.

Police Brutality and Rise of the Black Lives Matter Movement

To show how popular the movement has become
Black Lives Matter protest in downtown Los Angeles. July 1st, 2020; Source: Yahoo Images

The Black Lives Matter protests began in response to the murder of Trayvon Martin, a 17-year-old African American boy that was murdered by a White man on Neighborhood Watch. The man, George Zimmerman, was acquitted, facing no form of accountability for his actions. The hashtag movement gained further popularity when Michael Brown was murdered by a White officer, and yet again, no one faced any charges for the killing of a Black man. The Black Lives Matter movement encouraged people to record and report any instances of police brutality they witness, and soon, hundreds of civilians reported such instances on social media.

The murder of George Floyd was caught on camera, and this recording enraged the public. As a result, the Black Lives Matter Movement expanded nationwide, and over the years, has become a worldwide phenomenon. This movement brought attention to the frequent instances in which innocent African Americans were brutally murdered by the police. An NPR investigation revealed that since 2015, there have been 135 instances in which the police have murdered unarmed African Americans. They also found that of these 135 instances, 75% of the time, the officers were White. Another source places the total number of people who have died at the hands of police as high as 1,126, and that’s just in 2020. They allege that 96% of those deaths were a result of being shot. Reprehensibly, these instances continue to occur, as people such as Tameer Rice, Bryanna Taylor, Ahmed Aubrey, Jamarion Robinson, Ronald Greene, and too many more have continued to face cruelty at the hands of the police.

Especially jarring is the cruel way in which Ronald Greene was murdered. The brutal death of Ronald Greene, an African American man who was beaten and shocked to death by a group of police officers, has been under investigation since 2019. The police falsely testified that he had died in a car crash, but body camera videos show the extent to which the police viciously killed Greene as he begged them to stop. Additional reports came back on Greene’s autopsy that further discredit the claims of the police that Greene sustained fatal injuries due to a car crash. Heartbreakingly, this is yet another instance of police brutality that was allowed to occur.

To show just a few of the names of the people who have been victims to police brutality
Among a group of protesters, one activist holds a sign with the names of Eric Garner, Mike Brown, and Tamir Rice, three of the well-known victims of police brutality. Source: Yahoo Images

Accountability

One of the main reasons why police brutality continues to take place is due to the fact that the police face no real consequences for their actions. As has been the case too many times, police are reported to be found in compromising situations, leading to the inhumane treatment and in many instances, death of innocent people. Following those reports of human rights violations, it has also become common-place to find that those officers accused of brutality rarely get charged or punished for their behavior. They are generally held accountable only due to public outcry. Unfortunately, even then, accountability comes in the form of simply getting transferred to a different department. Too many instances over the past decade have highlighted the dangers of a militant police force without proper policies in place that hold responsible those that abuse the law. Policing leads to a power dynamic between communities and authorities, and in the wrong hands, without the proper measures of liability in place, can lead to an abuse of powers and people alike. As a result of the racial history that plagues America, the relationship between the police and marginalized communities is one that is (understandably), very fragile and filled with distrust.

Reform or abolish?

Many people have proposed policies to reform the police system in America. This can get pretty complicated, as police departments all across the country follow different rules and regulations and are state-funded entities. This can mean that implementation and enforcement of regulations can be a difficult task, requiring different entities for each state. Furthermore, there is not much data collected on policing misconducts, and the available data can be biased or lacking details. Additionally, many of the acts of police brutality are explained away using legal powers vested in the police, such as the ability to use force while conducting an arrest. The vague language of the policy allows the police to use excessive force and justify their actions in court. Moreover, police unions hold a tremendous amount of political power and influence and protect their officers from facing any real accountability. Even the attempts at limiting qualified immunity, (which protects government officials from civil lawsuits) have gotten nowhere, as the George Floyd Justice in Policing Act of 2020 has yet to be passed in the Senate.

An info graph that showcases some of the misuses of the police budget and supports calls to defund the police.
An info graph that depicts some of the data that supports defunding the police. Source: Yahoo Images

As a result, cries to abolish the police have increased since the Black Live Matter protests of summer 2020. While police may be effective in situations where a crime has occurred, the abolitionists of today argue that police only complicate things in some instances, including interactions with people of color or when approaching people with mental illnesses or disabilities. Without being educated on systemic racism and the role of the police or having the proper training to care for people with mental or physical disabilities respectively, the police can make things worse, even if they are attempting to de-escalate the situation. The abolitionist approach is to restructure the entire policing system in order to divide the undertaking of community safety and security into various different institutions that are tasked with protecting the human rights of individuals. This enables the option of having other agencies in place aimed at solving community issues and nurturing a relationship with people within the community, making it more accessible and reliable for the community members to ask for assistance. Doing so could eliminate the oppressive climate brought on by the social hierarchy that has been ever-present in policing throughout American history. By reshaping society and its structures, we can ensure that the needs of the people in society are met, while preserving their fundamental human rights.

 

 

A Look at Marking Time: Art in the Age of Mass Incarceration

The Exhibit

Girl in front of Pyrrhic Defeat: A Visual Study of Mass Incarceration by Mark Loughney
Mark Loughney, Pyrrhic Defeat: A Visual Study of Mass Incarceration, 2014-present. Series of graphite and ink drawings on paper. 725 pieces total. Each 12 x 9 in. Courtesy of the Artist. Source: Original Photo

The Abroms-Engel Institute for the Visual Arts  (AEIVA) has welcomed a new exhibit, “Marking Time: Art in the Age of Mass Incarceration”. The exhibit explores the United States’ criminal justice system, mass incarceration, discrimination and the very concept of justice with works from more than 70 different artists. Many of the pieces on display come from artists who are or were incarcerated, who used art as an essential outlet and form of expression within prison. Nonincarcerated artists are also featured, influenced by the damages of mass incarceration within their families and neighborhoods. The entire exhibit creates a critique of mass incarceration from a human right’s perspective, representing the voices of incarcerated persons that are typically silenced or ignored. “Marking Time” boasts three galleries of moving pieces that speak to the gravity and scale at which the human rights violations within our punitive justice system disenfranchise impoverished and minority communities throughout the United States, and features data and interviews that discuss ways these glaring problems should be addressed and combatted. 

“Marking Time” was organized by curator Dr. Nicole R. Fleetwood, who has spent a decade researching the importance and development of visual arts and creative practices for incarcerated persons. Dr. Fleetwood deliberately removed any mention of charges or reasons for conviction for the incarcerated artists featured in the exhibit, forcing viewers to remove a layer of prejudice or thought regarding whether or not the artist is inherently a “good” or “bad” person, or deserving of their incarceration. As I progressed through the galleries of “Marking Time ”, one of the first things I noticed was exactly that; how I continuously perceived the artworks as being the creations of a fellow artist, not a criminal or prisoner. This intentional shift in perception creates an environment of thoughtfulness, analysis and depth that may not have been achieved otherwise, and makes the exhibit an excellent ignition for thought, conversation and activism.

When analyzing the works themselves, I was surprised to see how many were masterfully created from hair gel, sheets, uniforms, newspapers and contraband items when traditional art supplies were not accessible. Incarcerated artists are often limited in the tools they have to create art from, but countless works within “Marking Time” reveal the true resilience of an artist’s spirit, and how artistic expression can prevail above the smothering limitations of prison.

The Pieces 

As this exhibit has been analyzed and discussed through its many travels from MoMA to AEIVA, I wanted to highlight a few of the pieces and discuss their particular significance to the conversation of human rights within the United States punitive justice system and mass incarceration.

Pyrrhic Defeat: A Visual Study of Mass Incarceration by Mark Loughney

Hundreds of sketched portraits decorating a wall.
Mark Loughney, Pyrrhic Defeat: A Visual Study of Mass Incarceration, 2014-present. Series of graphite and ink drawings on paper. 725 pieces total. Each 12 x 9 in. Courtesy of the Artist. Source: Original Photo

 

Loughney’s series, Pyrrhic Defeat, is named for a theory within criminal justice studies that explores how a failing criminal justice system that discriminates in its criminalization of certain groups substantially benefits certain elites. Mark Loughney has created over 750 portraits of his incarcerated peers in order to mark the passage of time within his own sentence, as well as provide fellow inmates with a positive alternative to the dehumanization caused by mugshots and prison IDs. His pieces provide the individuals with a level of personalization, dignity, and respect that is often forgotten and ignored within the prison system. Loughney spends 20 minutes on each sketch, and has to carve a creative, open atmosphere for each session out of the typical chaos and disruptions within a prison environment.

Untitled by Gilberto Rivera

Three mixed media paintings depicting the chaos of the Covid-19 pandemic.
Gilberto Rivera, Untitled, 2020. Newspaper, caulk, silicone, spray paint, acrylic, and markers on canvas and recycled canvas. L: 48 ½ x 60 in C: 59 ¾ x 51 ⅜ in R: 48 ¼ x 60 in, Overall: 60 x 156 ½ in. Courtesy of the Artist. Source: Original Photo

 

This Triptych by Gilberto Rivera places a spotlight on how mismanagement of the Covid-19 pandemic negatively impacted vulnerable communities throughout the artists’ hometown of New York. Rivera was a graffiti artist prior to his incarceration, and this piece truly reveals the artist’s emotions and style in a brilliant display of keywords, colors and figures. Rivera’s triptych incorporates newspaper clippings that highlight his disgust for how minority and immigrant essential workers were neglected as well as the fear incarcerated people experienced throughout the public health crisis. Prisoners across the globe were put into lockdowns to prevent the spread of Covid-19, and the result of this is an experience extremely similar to that of solitary confinement; a punitive mechanism proven to have extreme mental and physical health consequences. Despite these sweeping lockdowns, extreme overcrowding lead prisons to host the majority of the largest single-site outbreaks since the start of the pandemic. Despite these major outbreaks and casualties, prisoners fell to the bottom of priority lists for treatment and aid when medical equipment and essential items faced shortages. Rivera’s piece displays frustration and criticism of these issues that have hardly received the mainstream coverage they deserve.

Ellapsium: master & Helm by Jared Owens

Three painted panels with painted blueprints of a slave ship and federal prison overlapping.
Jared Owens, Ellapsium: master & Helm, 2016. Mixed media on birch panels. Each: 48 x 31 in. Courtesy of the Artist and Dr. Nicole R. Fleetwood. Source: Original Photo

With Ellapsium, Jared Owens addresses the racism of the criminal justice system as well as hierarchies and power struggles within Fairton, the correctional institution where Owens was imprisoned.  This complex work features symbolism as a form of rebellion and disapproval, and bears an immediately recognizable resemblance to the infamous map of the Brookes Slave Ship from 1788 that displays how slaves were forced to live through their passage to America. This intentionally chosen symbol represents the violence, dehumanization, and other atrocities that slaves faced in early American history. The second and less known image present in this work is a blueprint of the Fairton prison; Owens’ combining of the two blatantly compares the horrors of the historical institution of slavery to the atrocities and discrimination committed by the United States’ current carceral state. Owens also utilizes color symbolically throughout his piece, and all of the colors used correlate to the artist’s daily life within a federal institution. The green of the institutional walls represents restriction and being subdued, blue represents the uniforms worn by prison guards, and brown represents the uniforms of those imprisoned. Orange, the most used color within the piece, was used within Fairfield to indicate areas that were off limits and unavailable to incarcerated persons, so Owens deliberately used that color for the boundary between the blueprint of the slave ship, of Fairfield, and the world outside of the two. 

Owens is open about how his pursuit of art posed a legitimate threat to him within the Fairfield facility. Being caught with planks of wood to paint on or stretch canvas could have resulted in solitary confinement, extension of his sentence, or complete confiscation of personal possessions and art supplies. While these overwhelming restrictions greatly limited Owens while he was in prison, he has chosen to use his experience to create, raise awareness, and call for change- like so many artists featured alongside him in “Marking Time”.

Peace, Love, Harmony by Susan Lee-Chun

A rack of uniform orange detention hoodies, with patterns on the interior lining.
Susan Lee-Chun, Peace, Love, Harmony, 2007. Cotton fabric and dye. 36 x 60 x 18 in. Courtesy of artist. Source: Original Photo

Women on the Rise! (WOTR) was a feminist art project founded by Dr. Jillian Hernandez to provide girls in juvenile detention facilities with a platform for self-expression and dialogue. Inspired by her participation in this project, Susan Lee-Chun worked with a group of girls in juvenile detention to explore the politics of fashion, and asked her participants to “Think about who you are, what words, images or symbols define you or your beliefs. Use them to create a fabric design”. The resulting hoodies on display conform to detention center uniforms on their exterior, and on the inside feature patterns with rainbows, checkers, and the word “Love”. Upon completion of this project, Lee-Chun attempted to give the girls she worked with the resulting hoodies of their creation; and was denied that request. None of the girls involved were allowed to wear the hoodies. In public defiance, Lee-Chun’s hoodies now hang among the many artworks of “Marking Time”, criticizing a system that would prioritize conformity and uniform over the individuality, creativity and expression of a child. 

How To See “Marking Time”

If you would like to see “Marking Time” and any of the artworks or artists featured above first hand, the exhibit is free and available to the public until December 11. Reserve your free ticket to view the exhibition here. Spaces per time slot are limited to 10 for a one-hour long visit. If you cannot make your time slot for any reason, please cancel the booking or call 205-975-6436. If you have any issues with booking your ticket or would like to reserve a group tour, contact AEIVA at aeiva@uab.edu. 

Visitors must wear a mask at all times inside the AEIVA building and keep socially distanced. Free and metered parking is available along the streets surrounding AEIVA. Safety is UAB’s priority. The pandemic is a fluid situation that UAB is monitoring, in consultation with infectious disease and public health experts; events will be subject to change based on the latest COVID-19 safety guidelines. 

All upcoming “Marking Time” programs are designed as hybrid events, with both in-person and virtual components. AEIVA is prepared to move any of the events entirely virtual at a moment’s notice. Visit AEIVA on Twitter, Instagram and Facebook for the latest updated information.

Afghanistan’s Deteriorating Healthcare System

Afghanistan’s healthcare infrastructure is crumbling after its foreign assets were frozen and donor organizations pulled funding after the Taliban takeover. The Taliban is a Pashtun Islamic extremist group that is known for imposing strict religious and conservative rule over their areas of operation including Afghanistan and Pakistan. The organization previously served as the government for southern Afghanistan in 1996-2001 during which the healthcare system had collapsed. The child mortality rate was 2x as high as it was in 2012 and polio was widespread. Safe drinking water and sanitation were also nonexistent.

Over the past two decades, non-governmental organizations (NGOs) have historically provided 75% of the funding and supplies to support the healthcare systems in 31 out of the 34 provinces of Afghanistan. As a result, the Middle Eastern country has seen enormous improvements in the healthcare system. As of 2018, with over 3,000 medical facilities staffed and supplied, about 87% of the population were able to receive services. Maternal and child mortality rates also plummeted and infectious disease treatment programs helped decrease mortality rates.  

International donor support started declining even before the Covid-19 pandemic, and Afghanistan’s Ministry of Health and other public health organizations were barely able to compensate. The economic decline at the onset of the pandemic made medical resources even more scarce. Hospitals began charging payment for supplies such as meals and scalpels previously free to patients, and patients were forced to use their own money to buy surgical equipment. In April 2021, President Biden announced that the United States would withdraw all of their 2,500 troops from the Afghanistan, triggering the entire NATO (North American Treaty Organization) alliance to withdraw a total of 7,000 troops. The process was completed in mid-September. Shortly thereafter, the Taliban rose to power once again in Afghanistan.

 A pile of international notes from the United States, Turkey, and Europe.
A pile of international notes from the United States, Turkey, and Europe. Source: Unsplash

The World Bank then froze $600 million in health care aid funded by the US Agency for International Development, the European Union, and others. The $600 million was part of the Sehatmandi project, a global initiative to increase health facilities in Afghanistan, which was a collaboration with the Afghanistan government. The withdrawal shut down 2000 of the 2800 facilities that the project previously funded, leaving healthcare workers and patients out in the wind. Currently, healthcare workers have not received payment in 6 months and do not know when they will receive payment. Many patients struggle to reach the remaining facilities because the trip there is either unaffordable, geographically dangerous, too far, or the route is lined with Taliban conflict. 

If provided now, donors feared that donations and allocations would be misused by the Taliban to generate income for the militant group instead of for healthcare problems. There is speculation that if the funds are released, wages will never reach workers and medical supplies will be bought then sold to the public at astronomical prices. All entities are waiting on instructions or action from other governments to search for a way to transfer donations in order to circumvent the regime’s administration.  

Healthcare for Children 

A toddler girl biting into her shirt sleeve next to her parent.
A toddler girl biting into her shirt sleeve next to her parent in Afghanistan. Source: Unsplash

Hunger is becoming more widespread as inflation rates climb and supply chains grow unsteady. The Integrated Food Insecurity Phase Classification (IPC) reported that half of Afghans will face acute food insecurity before winter arrives.  

Malnutrition and malnutrition-related illnesses are far more dangerous than any other disease for children. Specific types of malnutrition called acute severe malnutrition and child kwashiorkor, a severe protein deficiency, is prevalent in Afghanistan and are caused by eating too little food or not at all. It can be treated by administering Ready To Use Therapeutic Food (RUTF) and oral hydration therapy. Over 2 million children under 5 years old do not have access to this life saving treatment in Afghanistan. At least half of the children in the country are victims of malnutrition and in light of the food scarcity, mothers unable to produce breastmilk have resorted to feeding infants water mixed with sugar. 

Staffing shortages are also insurmountable. Nurses and doctors fled the country fearing what the Taliban’s takeover could mean for their lives. In the main children’s hospital in Kabul, nurses previously caring for 4 babies now have to care for 24 babies each while hospital staff try to squeeze 3 infants into 1 incubator due to equipment shortages. Current staff are overworked and still have to take up jobs at other institutions to get by. Medicinal needs are also not being met for children and adults. Drug cabinets and storage closets become emptier every day as the influx of patients has depleted the resources faster than can be transported into the country. 

A hand holding a cluster of large, yellow tablets.
A hand holding a cluster of large, yellow tablets that are basic medications that Afghans need. Source: Unsplash

Women’s Health 

The aid cuts have also decreased access to essential healthcare resources for women and girls, including contraception and family planning. Many women carry out risky pregnancies and are subjected to unsafe reproductive procedures without modern medical equipment. Prenatal and postnatal care for infants is not provided, and postpartum care for new mothers is nonexistent. Despite the labor shortages, a great deal of responsibilities for maternal health clinics are on the backs of midwives. Midwives continue to perform complicated surgeries, dangerous deliveries, and other reproductive procedures.  

Expensive medicines and transportation to clinics for health problems are not feasible for the majority of Afghan women. Beginning in early 2017, extremist groups turned their sights on medical facilities in Afghanistan, which led to increase of attacks on aid workers, doctors, and hospitals. Mounting fear against staying in maternity clinics has also driven many women away from seeking help.  

Covid-19 Pandemic 

The lack of data and accountability in Afghanistan makes it difficult to comprehend the extent to which the virus has contributed to the death rate. Around the world, Covid cases are increasing, and the Afghan population is largely unvaccinated. According to the latest data from the United Nations, only 2.2 million of 39 million individuals have been vaccinated, while 1.8 million doses are waiting to be distributed.  

Public health experts worry that an impending 4th wave of the disease will render the healthcare infrastructure irreparable. Dead bodies line hospital morgues and overflow into the outside corridors as the lack of fuel has stopped ambulances from operating. Many sick patients suffering from Covid don’t bother coming to hospitals, because they know they would not be able to receive medical assistance. Hospitals, private practices, and clinics are resorting to hastily assembling makeshift wards outside hospitals to accommodate Covid patients.  

The healthcare situation in Afghanistan has been worsening for years, and in light of the looming public health disaster, much more support from the international community is needed. The snowball effect of international neglect will continue unless major monetary, political, economic, and healthcare interventions are considered. Nonprofit health organizations such as Doctors Without Borders have been tackling both maternal and child healthcare as well as managing Covid cases in 5 provinces, but people can help by donating to Doctors Without Borders, United Nations Children’s Fund (UNICEF), and increasing awareness for the healthcare crisis in Afghanistan. 

International Day for the Elimination of Violence Against Women

clipart of women of various backgrounds lifting a megaphone
Source: UN Women

Today, November 25th, marks the 22nd Annual International Day for the Elimination of Violence Against Women as declared by the United Nation’s General Assembly in 1999; however, women living in Latin America and the Caribbean have honored the International Day for the Elimination of Violence Against Women since 1981. The resolution, introduced by the Dominican Republic, marks the anniversary of the death of three sisters, Maria, Teresa and Minerva Mirabel, who were murdered on the island on November 25th, 1960, due to their involvement in a growing underground uprising against Dictator Trujillo’s dangerously misogynistic rule, according to this article from History. This day also represents the start of the 16 Days of Activism, where people are encouraged to fight against gender-based violence, concluding on December 10th, which is declared as International Human Rights Day. Activist organizations worldwide have utilized this period to shed a light on domestic affairs including sexual and physical violence, emotional abuse, and to draw attention to the dangers of human trafficking, all of which are issues that disproportionately affect women, transgender, and nonbinary individuals.  

Domestic Abuse in the Pandemic 

YOU ARE NOT ALONE
Source: UN Women

One of the major examples of threatening violence towards women is domestic abuse, especially regarding violence in romantic partnerships. Domestic abuse includes sexual, physical, verbal, and emotional abuse, and can happen to anyone regardless of age, race, sexuality, or marital status. Fighting domestic abuse is especially prevalent in eliminating violence against women because unfortunately, eight out of 10 victims of sexual assault or rape knew their attacker, as was the case in my own story. For child victims and students on college campuses, the rate is even higher. Regarding the pandemic, the United Nations has recently stated that, “Since the outbreak of COVID-19, emerging data and reports from those on the front lines, have shown that all types of violence against women and girls, particularly domestic violence, has intensified.” Referred to as the “Shadow Pandemic,” women and other marginalized groups have been especially susceptible to abuse and emotional neglect due to many countries’ lockdown and stay-at-home orders, in addition to people around the globe facing an increased level of financial hardships throughout the Covid-19 pandemic.  

Sex Trafficking and Outside Threats 

This increased level of vulnerability has also translated outside of the home, where women face dangers in varying capacities, including the prevalent threat of sex trafficking. Over 70% of all sex trafficking victims are women and girls, and although there have been a growing number of legislative improvements as more countries criminalize trafficking, conviction rates for traffickers remain low. As Covid-19 news updates have held many people’s attention since the pandemic began, it is essential to remember the other human rights crises that have not paused or slowed down as law enforcement efforts had hoped. Outside threats of violence also disproportionately affect BIPOC (Black, Indigenous, People of Color) women. Although many general sex trafficking statistics are difficult to find considering many cases go unreported, this article from Polaris did include numbers from specific jurisdictions stating that “In Louisiana, Black girls account for nearly 49 percent of child sex trafficking victims, though Black girls comprise approximately 19 percent of Louisiana’s youth population and in King County, Washington, 84 percent of child sex trafficking victims are Black while Black children and adults together only comprise 7% of the general population.” Polaris went on to add, “Latinos are disproportionately represented among human trafficking victims and survivors in general, and labor trafficking survivors in particular.” 

Eliminating Violence Against Women 

STOP Victim Blaming
Source: UN Women

Women’s organizations around the world have come together in efforts to eliminate misogynistic acts of violence with advocacy that anyone can participate in, such as protesting for legal action to be taken and supporting the #MeToo social media movement, which began in 2006. The #MeToo movement encourages survivors of sexual assault and rape to share their stories in a safe environment of other survivors. The hashtag has been used by millions of people around the world and has been translated into dozens of languages. 

Considering this, there are many ways to help support survivors, even during a pandemic. UN Women lays out ten important steps: 

    1. Listen to and believe survivors 
    2. Teach the next generation and learn from them
    3. Call for responses and services fit for purpose 
    4. Understand consent 
    5. Learn the signs of abuse and how you can help 
    6. Start a conversation 
    7. Stand against rape culture 
    8. Fund women’s organizations 
    9. Hold each other accountable
    10. Know the data and demand more of it

If you or someone you know is experiencing abuse, click here to speak with trained advocates worldwide. 

Injustice in the Justice System: Issues of Access for People with Disabilities

The image shows the sculpture of a women holding scales, which is supposed to represent justice. In the background are the pillars of the Supreme Court of the United States.
Lady Justice before the Supreme Court of the United States, symbolizing impartiality and fairness. “Lady Justice” by justindc is licensed under CC BY-NC-SA 2.0

As Brady Mistic got out of his car, he was immediately met with the blinding glare of  police lights. Being a person with deafness, Brady relied mostly on his sight to interact with the world around him, so the bright light was confusing to say the least. He moved towards the light to inquire about the disturbance. Within the next seven seconds, Brady would find himself shoved to ground and tased by the police as they barked commands that were completely inaccessible to him, even as he tried to communicate that he was deaf. Within seven seconds, Brady acquired three charges, including resisting arrest, and was sentenced to four months in prison. Within seven seconds, the police officers’ inability to identify the need for, and establish, alternate forms of communication lead to a physical altercation and incarceration. Although these charges were waived after almost two years, Brady’s story is indicative of a widespread, disproportionate impact of the justice system on people with disabilities.

In fact, while only 20% of Americans have disabilities, 32% of federal inmates and 40% of jail inmates report at least one disability. The difference in these numbers is no coincidence. In this and a subsequent article, we will see that people with disability are not only overrepresented in prison and jail systems, but also treated unfairly at every step in the process of incarceration and reintegration into society. This article connects Mistic’s inaccessible encounter with the police with a broader, systemic lack of accommodations in the criminal justice system; the second will focus on the school-to-prison pipeline for kids with disabilities and the experiences of people with intellectual and development disabilities.

Mistic and Accessibility in the Criminal Justice System

Mistic’s encounter with the police was not the only incident of law enforcement getting into a violent altercation due to their inability to communicate with a disabled individual. In 2017, Oklahoma City police fatally shot Magdiel Sanchez, an individual with deafness, after he failed to respond to verbal commands to drop the stick in his hand and get on the ground. He was later found to have not been involved in the hit-and-run case for which the police were called. Witnesses who were present at the time of the event were even yelling to the police officers, saying that Sanchez was deaf and could not understand their spoken words. The lack of appropriate communication and the haste in action which is evident in both of these cases points to an underlying deficit in police training. Despite the fact that individuals with any type of disability are legally entitled to receive the same access to legal enforcement services as people without disabilities, most of the training around disability and crisis intervention training programs are not mandatory and are focused on psychological disabilities. Law enforcement training is not comprehensive with regards to disability and fails to equip officers with the necessary skills to interact with people who have intellectual, developmental, or other types of disabilities, which can potentially lead to fatal consequences.

Sadly, the lack of access in Mistic’s interaction with the criminal justice system did not end at his encounter with the police. Mistic was denied an interpreter when interacting with his lawyer while in jail. Like other aspects of Mistic’s case, this too points to an institutionalized barrier that prevents people with disabilities from being treated justly. Inaccessibility in the court and prison system is rampant. This was evident in the case of Abreham Zemedagegehu, an Ethiopian man with deafness whose first language was Ethiopian Sign Language. He was not allowed an interpreter during his six weeks in jail, making it very difficult for him to hear announcements for meals, contact his friends and family, and receive medication for his back pain.

Through multiple lawsuits over the years, prisoners with deafness reported not being able to understand the prison-wide safety instructions, to take part in classes in prison, and to defend themselves in disciplinary proceedings because a sign language interpreter was not present. In 2010, a prison in Virginia became the first in the country to have a videophone after it settled a lawsuit by a group of deaf inmates. It is difficult to imagine that this basic mode of accessible communication for people with deafness was unavailable at one point in any prison in the US and is still not available in many prisons. The lack of accessible communication methods impacts the success of people with disability as they reintegrate into society as well. One individual with blindness had the opportunity to enroll in community college courses but did not receive appropriate accommodations during classes. Another individual with a disability sought to find out how to apply for social security benefits but was denied information by their counselor, who believed they should apply for a job instead.

The image shows a corridor lines on either side by prison cells. There are two levels of prison cells. The prison cells have metal bars from the floor to the ceiling, and also some metal bars running along the length of the cells. Some of the entrances to the cells are open. There are no people in the image. The image has a very grim and foreboding atmosphere.
Prison cells in Alcatraz, San Francisco. Source: Unsplash

Access to Health Services

Decreased access to medication and health services in prisons, as Zemedagegehu experienced, disproportionally impacts people with disabilities, risking the deterioration of health problems. When 91% of jailers report they have in their facilities individuals with serious psychological disabilities who are at risk of committing suicide, it becomes imperative – a matter of life or death – to ensure adequate health services are delivered in time. The status of accommodations is no better, as many prisons deemed essential accommodations (including wheelchair, prosthetics, exercise equipment, other assistive technology) as no longer “medically necessary” in order to cut costs. Health services are placed further out of the reach of inmates due to exorbitant co-pay rates, which can be as high as a month’s labor, and additional fees incurred by prosthetics and other accommodation.  The results of these factors is best portrayed in a Bureau of Justice System study which looked into health issues of prisoners and jail inmates. Only two-thirds of participants reported receiving necessary medical treatment, whereas 11% reported that their illness was not being treated because they were not being given medication. While the overrepresentation of people with disabilities in jails and prisons may largely be attributed to unjust treatment of people with disabilities, it is possible that the conditions within the jails and prisons, including the lack of access to health resources, are contributing to the development of disabilities in inmates.

Perhaps the most shocking experience of Zemedagegehu during his time in jail is that he was forced to receive an injection, which he later found out was a tuberculosis test, after refusing to sign a medical consent form because it was not presented in a way that he could comprehend. This blatant human rights violation, of forced medical procedures and ignorance of patient autonomy, underscores the necessity of sweeping changes in the jail and prison system’s treatment of individuals with disabilities.

Inaccessibility in the justice system, however, is an issue not only for arrested and incarcerated individuals with disabilities, but also to citizens seeking justice. According to a Bureau of Justice study, people with disabilities are victims of violence at twice the rate as people without disabilities. Clearly, individuals with disabilities stand to benefit from the services offered by the court system, services which they are entitled to but cannot always access due to the failure of the criminal justice system in being inclusive to all members of the community.

The issues of inaccessibility discussed in this article violate the rights afforded to all individuals, including article seven of the Human Rights Declaration which promises that everyone is “entitled without any discrimination to equal protection of the law”. Reforms to the criminal justice system need to take into account the needs of people with disabilities at every level, from law enforcement to court systems to jails and prisons. Individual citizens can contribute to pushing for such reforms as well. Find your local legislators and advocate for issues of access in the criminal justice system by writing to or phoning their office. Recent prison reforms in Alabama, including a bill allocating approximately $800 billion to the construction of two new facilities that will reduce overcrowding in prisons, offer hope for progress. Whether or not accessibility becomes a priority in the future depends on you and I to organize, stand as allies, and demand change.

 

 

Recap: A Conversation with Dr. Harriet Washington

Last Thursday, Dr. Harriet Washington  conducted a seminar with the UAB Institute for Human Rights where she discussed the contents of her book, Medical Apartheid. Dr. Washington has been the recipient of the American Library Association Black Caucus Non-Fiction Award and currently teaches bioethics at Columbia University. The seminar was moderated by Dr. Kecia Thomas, the Dean of UAB’s College of Arts and Sciences.

Cover of Washington’s book. Source: Yahoo Images

In the discussion, Dr. Washington highlighted several aspects of medical treatment of black people that previously went unnoticed. Her motivation for her highly popular book, Medical Apartheid, was a file she discovered in the 1980s during her job at a hospital. At that time, talking about diversity was a taboo thing. But as she was working one day, she came across an old filing cabinet with patient files from the 1970s of people who needed kidneys. As she began sifting through the files, Dr. Washington analyzed the social profiles of those patients and observed a key difference — the files of ethnically white people were much thinner than that of black people. That was a precursor to her next discovery–one of the files of a black person had the word “Negro” underlined, and the health plan laid out was that of imminent demise, not for healthcare. In that moment, Dr. Washington grew acutely aware of racial plights within the healthcare system and of the inferior care that was being offered to marginalized communities. 

In 2001, she was invited to an international conference on human medicine in Germany, where the only discussion of the mistreatment of African Americans in medicine was the Tuskegee crisis. This claim was boldly made by the international community because there were no other major records of such mistreatment in healthcare. In that moment, Dr. Washington decided to write Medical Apartheid  “so no one can decline this ever happened in history.”

Why use “apartheid”?

According to Dr. Washington, that is precisely what her discovery is. Dr. Harold Freeman, a cancer surgeon in New York, found in 1990 that the men of Harlem, NY had medical profiles similar to the men of Bangladesh. Such a finding is shocking and very disturbing, but Ms. Washington described internalizing his information as an indication of a foundation that enables such actions to be discoverable. The reason why these medical disparities translate to an apartheid is because we have highly effective historical policies that have and continue to succeed in making us “two different Americas.” 

While this history and factual information has been ignored for too long, people seem receptive to this information and have been utilizing the history in an attempt to correct it. That is why calling the movement what it is — an apartheid — and doing everything in one’s power, be it from the capacity of an educator or a student, use the information to actually influence a change. 

Vaccine Hesitancy 

Dr. Thomas shifted the focus of the conversation towards the COVID-19 pandemic and the speculations of vaccine hesitancy among black people being a consequence of the Tuskegee Scandal, an event where black people were given a placebo of the cure for syphilis. This myth, however, was quickly busted by Dr. Washington who first stated blatantly that the American healthcare system is untrustworthy, so blaming people for being untrustworthy of it is unfair to do. She continued to quote a study that founded that black people who have never heard of the Tuskegee scandal are more scared of vaccines than those who are familiar with the medical injustice; thus blaming Tuskegee, according to Dr. Washington, is a form of laziness. Rather than speculate on behalf of black people, and people of color (POC) in general, Dr. Washington’s suggestion is to ask and clarify why POC are less likely to participate in clinical trials. Her own research indicates that prioritizing an elderly age group in such trials is synonymous to penalizing POC, for POC tend to be younger populations while white people have a larger older population. The solution to this is creating more nuanced policies that take into consideration restrictions like not having insurance or limited internet access. 

Harriet A. Washington. Source: Yahoo Images

Ethics and Informed Consent

Another area of medicine Dr. Washington specializes in is the ethics of clinical trials and the common violations of informed consent that researchers often engage in. Fraud and deceiving POC in trials is not a new concept; it happened in the Tuskegee trials and continues to happen, unfortunately. In 2006, only black people were given artificial blood to see if they would still heal from the disease treatment being tested; the subjects died of heart attacks because of this deception. While we know placebos exist in clinical trials, administering the placebo to a select group of people rather than across the tested subjects, irrespective of race, is something which is unethical and illegal. 

Actions to Take 

First, we must be willing to eradicate our generations of ignorance towards people of color, especially black populations, starting with valuing their lives. Having open conversations such as the one had with Dr. Washington is a great place to start because the only thing that is being presented is facts and evidence corroborating a painful yet honest history of medical apartheid. And implementing the information we learn in our research and education is one step we can all take to put an end to this apartheid. The second thing anyone can do is openly advocate for nuanced policies that are socially and economically aware of the implications and disadvantages current policies present to diverse populations. Urging our public servants to pay attention and take action against healthcare injustices is yet another change we can bring forward amid the pandemic, a time that has taught our global community the immense need for a united front against injustices.

The Re-Entry Simulation on Mass Incarceration and its Practical Applications in the Real World

This image is from the re-entry simulation event that took place at UAB
The coordinator of the re-entry simulation for mass incarceration explains the procedures. Photo Credit: Laurel Hitchcock.

The University of Alabama in Birmingham hosted a re-entry simulation for mass incarceration on the 15th of October, 2021, partnered with the United States Attorney’s Office for the Northern District of Alabama. This simulation, which featured around a hundred participants, was designed to enlighten both students and community members about the difficulties surrounding re-entry into society for those who have been previously incarcerated. The event featured different booths to portray the various obligations, both legal and personal that had to be met by individuals exiting the prison system into the civilian society.

These booths included responsibilities such as securing identification cards, attending treatment appointments or drug screenings on time, or even being able to get employed, all while having to figure out transportation to be able to fulfill these requirements. Each participant was provided with a new identity, a few transportation tickets, some money (depending on the person’s identity), and a list of obligations that needed to be met each week. The “weeks” were timed to be fifteen minutes each, and the participants got four weeks to successfully re-enter society.

Getting your IDs

The identity I assumed had no IDs to their name, and only $30 when exiting the prison system. One of the most difficult components of this exercise was securing the three required IDs. Without the IDs, all the other booths refused to be of any help, and securing the IDs took well over a “week.” In the real world, this also means that people are unable to find employment, housing, or even apply for government aid like food stamps until they are able to secure these IDs. Furthermore, as Jeremy Sherer, the Assistant United States Attorney who helped organize this event discussed, there is a possibility of being re-imprisoned for outstanding warrants that might have been acquired while individuals were serving time in the prison system. Therefore, people who attempt to get their IDs at the DMV might end up being reincarcerated for these outstanding warrants. An easy solution to this problem would be to issue government IDs to people as they are exiting the prison system. This would dramatically decrease the mental and physical stress on individuals, as this one act would open up resources and opportunities they might not have without the proper government-issued IDs.

Transportation

An image depicting various forms of transportation on a highway. Photo Credit: Yahoo Images.

Another enormous obstacle in the way of successfully re-entering civilian society can be transportation. Many people, upon entering the prison system have three options concerning their vehicles: they can sell their car and keep the cash, they can give the car to someone else, or if they are making payments on a car upon the time of their arrest, it can become repossessed by the time they exit the system. Even if your property was held by the police for “safeguarding” or for evidence purposes, if you cannot claim it within a certain time frame (which is impossible for people who are imprisoned), you face the risks of losing that property.

Transportation is a necessity, and if you live in an area where public transportation is unavailable, you will need to either purchase a car or rent one. In order to purchase any vehicle, you have to have an ID. Assuming you have your IDs, the next step is the background and credit checks. This can be a massive hurdle, as people who leave prison might not have the necessary credit history, nor have established employment history to purchase a car. They may not be able to afford the full price of the car, having just come out of jail or prison. For those who depend on public transportation in areas that offer the services, bus schedules can be very confusing and might not travel to the necessary destinations. Additionally, those who live in areas where public transportation is not an option have to figure out a way to find transportation for themselves. There are no agencies in place to provide any assistance to people in cases like these.

The Bail System

According to The Prison Policy Initiative, 74% of people in jail have not been convicted of any crime. If we were to follow the logic that people are “innocent until proven guilty,” 74% of the people held in jail are innocent. These individuals are only allowed to leave the jails by paying the set bail amounts for their particular case. These bail amounts are set based on the criminal charges and the complexities surrounding the crime in question. Although bail is not supposed to be a form of punishment, the bail system tends to punish the poor by setting a financial amount that has to be paid if the individual does not want to await their trial in jail. Most Americans are seldom prepared for a $400 emergency, and for people struggling with poverty, the set bail amount can be impossible to meet. This pretrial detention can also last months or even years before the trial date, meaning that innocent people might be held in jail for years simply for not being able to afford bail. The person’s identity I assumed at the re-entry simulation had $30 on their person, and their bail amount was the full $30, which ended up bankrupting them, leaving them with no money for food, transportation, or any other expenses.

Legal Responsibilities

This was another picture taken at the event itself
This image portrays the participants and the various booths involved in the simulation. These booths were set up to mimic real-life agencies, such as the courthouse, or the probation office, or even the pawnshop, to provide a realistic experience. Photo Credit: Laurel Hitchcock

People exiting the prison system have to meet certain legal requirements upon their re-entry into civilization. These legal responsibilities include regular check-ins with the probation or parole officer, regular drug screens, and even clinical or treatment appointments that need to be attended. For one, as mentioned earlier, formerly incarcerated people need to be able to secure a stable form of transportation to get to these appointments. They also have to be able to provide their IDs, so not having one could result in a violation of the conditions of parole. The demands of parole or probation are different for each case, but conditions of release can include finding and holding stable employment, as well as showing up to take a urine analysis, blood tests, or a drug screening whenever requested of them. These drug screens can also interfere with the individual’s employment (if they do manage to secure one), as they would be required to leave their workplace to comply with this stipulation. People that are required to meet these conditions of release are also personally billed for these tests, something that they might not be able to afford. These stipulations can become even more complex based on the history of the person’s criminal offense. Those that have served time for sexual offenses are also required to register as a sex offender in their area, further complicating their ability to acquire employment or housing, and as a result, making it near impossible to meet their conditions of release.

Additionally, some people being released from prison might have to attend clinical appointments or treatment sessions. This may be a weekly obligation, and again, transportation and IDs are essential to meeting this condition. These treatment sessions, while helpful and certainly necessary in many cases, might only add stress to those who are financially compromised.

I wanted to include a picture of solitary confinement because it's a widely practiced form of punishment in the United States prisons and jails.
Solitary Confinement can place an individual in a dark, secluded place, depriving them of social interactions and stimulations, which can prove to be damaging to the mental health of the inmates who experience it. Photo Credit: Yahoo Images.

Recent studies show that many people who enter the prison system without any mental illnesses can come out with serious issues related to their mental health. While there may be many factors that influence an individual’s mental stability inside the prison walls, research shows that solitary confinement, a practice that is used in most jails and prisons in the United States, can play a fundamental role in someone’s mental health. At times, placing an inmate in solitary confinement can exacerbate pre-existing conditions of mental illness. Solitary confinement can also lead to a number of mental health-related illnesses, including depression, paranoia, or even trigger hallucinations. As a result, many people who enter the prison system with no history of mental health issues can develop mental illnesses or acquire trauma while serving out their sentences. This inhumane practice can be suspended, which would dramatically affect the mental health of prisoners and lighten the load on some of their legal obligations.

Personal Responsibilities

Along with legal responsibilities that have to be met, people attempting to re-enter society also have personal obligations they may have to fulfill, including responsibilities regarding their children (if it applies), their own personal care (such as food, and shelter), and their attempts at professional success, including employment and education. Many individuals, upon re-entering society, regain custody of their children, meaning that they have to ensure both their needs as well as their children’s needs are met. This can prove to be very stressful and traumatic, both for the individual re-entering society and the children involved. As discussed previously, people exiting the prison system might not have the resources or the mental stability to be able to accept such a huge responsibility, often resulting in the parents neglecting their own needs for the needs of their children, and as a result, increasing the mental and physical strain they might place on themselves.

Even still, many parents that are not awarded custody of their children might be forced to pay child support upon their release. Unless they ask for a suspension or reduction of child support, the amount can continue to accumulate while the person is serving time, and upon release, the person is mandated to pay the full amount owed. Failing to pay the amount can be considered a violation of their conditions of release and can result in the reimprisonment of the individual.

Another personal responsibility that an individual re-entering society has to meet is self-care. An essential part of personal care includes food and water, yet many people might not be able to afford three square meals a day. As I learned from the re-entry simulation, contrary to popular belief, churches are not as forthcoming with assistance as many like to believe. This may be due to a variety of reasons, ranging from funding problems to religious or ideological reasons. Applying for food stamps is an option, but it can take weeks, requiring both transportation and IDs. Even when an individual is awarded food stamps, it might not cover all their nutrition expenses, leading many to become food insecure.

I wanted to showcase the quality of life that many people exiting the prison system are faced with.
An image depicting an unhoused individual’s dire situations, a risk that formerly incarcerated personnel face due to housing insecurities. Photo Credit: Yahoo Images.

Additionally, many people re-entering society may face housing insecurities. Due to the social and sometimes cultural stigma around imprisonment, family members might refuse to provide adequate shelter for the individual. In order to qualify for an apartment, the applicant has to provide proof of employment as well as a security deposit. Many job applications require a background and criminal history check, at many times refusing to hire an individual if they have been convicted of a crime. Without a job and proper shelter, many risks facing the possibility of becoming homeless.

Expanding on the complexities of getting employed, many people re-entering society have to cross so many hurdles to be successful professionally. Depending on the age at which they were incarcerated, many individuals returning to society might not have the necessary education or skills to qualify for employment. Some might even have to train for and take their GEDs, a base requirement to get jobs, even low-wage ones. To add to the complexities, people with traditional High School Diplomas receive a higher pay rate than those who obtain GEDs.

Once they are able to acquire their GEDs if they choose to pursue higher education, formerly incarcerated people have to do so at a private university or college. This is due to the fact that most public universities and college applications include a section asking about the applicant’s criminal history. This can indirectly discriminate against those who are struggling with poverty, fundamentally impacting their ability to compete with the growing skilled and educated labor forces of society. Moreover, people who have been incarcerated face many challenges when applying for financial aid. Their ability to receive financial aid is very limited, as they can be denied student loans as well as Pell grants due to their criminal history. Consequently, this usually means that people coming out of prison are stuck with working labor-intensive, low-wage jobs without the prospect of advancement in their professional careers.

Conclusion

The coordinators of the re-entry simulation, the Assistant United States Attorney Jeremy Sherer, and Dr. Laurel Hitchcock. Photo Credit: Laurel Hitchcock.

As part of his concluding remarks, Jeremy Sherer reminded the participants at the simulation that almost 60% of people who are released from prison can end up being incarcerated again. This is a sign that the current system is designed to fail these individuals who are just attempting to survive after their punishments have been served. The lives of these individuals are impacted forever by their criminal history through the taxing obligations they have to meet in order to lead a successful life. They are not provided any form of guidance yet punished constantly for the failures of the system. If the components of racial discrimination in the prison system are taken into consideration, (which will be covered in my next blog post), some might even believe that this injustice intentionally targets certain marginalized members of the community.

Everyone makes mistakes; this is a universally accepted concept. Yet, part of the process of learning and growing involves being provided with the necessary opportunities and resources to learn from the mistakes of our past and strive to become better individuals. Having participated in the re-entry simulation, I attempted to meet all my requirements as best as I could with the resources I was provided with, yet I was sent to “jail” for failing to visit my probation officer, and by week four, I was begging the “police officer” in the exercise to just send me to “jail.” I could not handle the mental, emotional, and physical stress that resulted from the realities this simulation strived to convey, and my participation was voluntary. Many individuals who have to deal with these systems on a regular basis do not have a choice.