On September 24, 2024, the state of Missouri executed an innocent Black man. Why did they kill him?
Marcellus Williams was convicted and sentenced to death for murdering Felicia Gayle. There was no physical evidence linking Williams to her murder: fingerprints, footprints, hair, and DNA found at the crime scene did not match Williams. The only evidence against Williams was testimony from two witnesses whose accounts were inconsistent and unverifiable. Gayle’s family favored life imprisonment. The county prosecutor favored life imprisonment. Only Missouri’s Attorney General wanted Williams executed – and he got his wish.
Williams was innocent of the crime for which he was executed. He never had a fair trial. The prosecution struck 6 of 7 Black jurors, one of whom was rejected “because he looked too much like Williams.” Missouri knew they were executing an innocent man – and they did it anyway.
History of the Death Penalty in America
Capital punishment has been a part of the American legal system since before the United States was a country. The first person executed in the British colonies was George Kendall, who was executed by firing squad for mutiny in 1608. By the early 1900s, public support for the death penalty was beginning to wane, and some states abolished the practice.
Utilizing capital punishment was briefly illegal nationwide. The 1972 Supreme Court Decision Furman v. Georgia ruled that existing death penalty statutes were discriminatory and therefore unconstitutional. That lasted until 1976, when the Court ruled in Gregg v. Georgia that Georgia’s updated death penalty statute was constitutional, and executions resumed. Since 1976, 1,601 people have been executed. Today, only 21 states still have the death penalty, and only ten have executed people in the last decade.
Methods for capital punishment have varied greatly over the last two centuries. Early in American history, the most common were firing squad and hanging. Over time, hangings have become associated with lynchings. Despite that history, in 2023, a Tennessee lawmaker proposed that “hanging by a tree” be used as an alternative method of execution in the state. In 1890, the first person was executed with the electric chair, which was the most common method for several decades until lethal injection became more popular after its first use in 1982.
Black prisoners are also treated differently immediately before they are executed. Jeff Hood, who has witnessed six executions – three of Black prisoners, three of white – told NPR, “I can definitely tell you that the restraints that I have seen on Black folk have been unquestionably tighter than the restraints that I have seen on white folk.”
More recently, there has been controversy over a new execution method: nitrogen hypoxia. The state of Alabama has executed two people – Kenneth Smith and Alan Eugene Miller – by nitrogen hypoxia in the last year. The state had previously attempted to execute both Smith and Miller by lethal injection, but correctional workers were unable to place IV lines in either man over the course of several hours. There is another Institute of Human Rights blog post, published in the fall of 2023, that extensively details execution methods.
Problems of the Death Penalty
Two of the most common reasons given for keeping the death penalty are deterrence and justice. Justice argues an eye for an eye – that, for some crimes, the only possible form of justice is death. That is a philosophical debate, and one I will not discuss today. Instead, I will focus on the effect of the death penalty on homicide rates – deterrence. Deterrence is the idea that the existence of the death penalty deters crime – it reasons that prospective murderers are logical people who will be less likely to kill others if it will result in their death.
In 2012, the National Research Council conducted a literature review on studies examining any deterring effects executions – and the general presence of the death penalty – have on homicide rates. They concluded that studies had not yet demonstrated any effect capital punishment has on homicide rates and recommended that the “research… should not influence policy judgments about capital punishment.”
One of the most powerful arguments used by death penalty abolitionists is about wrongful convictions. Someone who is sentenced to life in prison can be released if they are found innocent; that is not so with someone who is dead, such as Marcellus Williams. Wrongful convictions are common; for every eight executions in the United States since 1977, one person sentenced to death was exonerated. 82% of death penalty exonerations are due to official misconduct and 36% of death penalty sentences are overturned.
Glynn Simmons was exonerated in December 2023 for a crime he did not commit. He spent 48 years in prison. The state knew when he was convicted in 1975 that Simmons was innocent; he was in Louisiana when the crime was committed in Oklahoma. Despite that, it took almost 50 years – 2/3 of Simmons’ life – for him to finally be exonerated. Imprisonment is reversible. Death is not.
What Can Be Changed?
Activists have worked for decades to reform or eliminate the death penalty. Two organizations that have been involved in numerous exonerations are the Innocence Project and the Equal Justice Initiative. Both organizations provide legal aid to innocent prisoners. Other ways to support change include petitioning state and federal legislators to end or reform the death penalty.
Beginning in the late 20th century, opioid prescription rates skyrocketed in shocking numbers, and in just over ten years, opioid sales quadrupled. With the introduction of OxyContin into everyday life and medication sales, an opioid that was falsely advertised as non-addictive, as well as pill mills across the United States, millions of people fell into a deadly addiction. As people lost access to prescription opioids, they often turned to more illicit drugs, such as heroin. This was worsened by the prices of heroin going down, making it much easier for people to afford large quantities of the drug. The use of heroin is often looked at as the second wave of the drug crisis, and heroin deaths surpassed prescription drug deaths in 2015. The third wave of the opioid crisis is where we currently reside, and it is characterized by overdose deaths related to synthetic opioids, such as fentanyl.
Connection to Native Americans and Alaskan Natives
The opioid epidemic has been heavily discussed in the past few years; however, it has been occurring for even longer. Opioid usage affects most groups; however, its large-scale detriment to minority race and ethnicity groups is frequently ignored. Native Americans and Alaskan Natives (here referred to as NA/AN) are disproportionately affected by the opioid crisis, and this discrepancy is ignored by many critical groups.
American Indians have the highest drug overdose death rates, and these rates are not stagnant. The CDC reports that overdose deaths have increased by 33% within the last several years. This pattern of drug abuse and overdose is not isolated to adults, as NA/AN youth also struggle with the use of unauthorized prescription painkillers, with some reports showing as many as 11% of high school students using painkillers without explicit orders from their doctors.
There are many factors that cause NA/AN groups to be affected more heavily than other groups, and these include historical trauma, lower educational attainment, lack of easy access to healthcare, housing problems, poverty, unemployment, violence, and mental health issues. In this post, I will choose to focus on two main reasons: lack of easy access to healthcare and mental health issues caused by lost connection to culture.
Health Disparities in NA/AN Communities
NA/AN groups have serious healthcare inconsistencies that must be addressed for these communities to gain adequate support during the opioid crisis. The Indian Health Service (IHS) is a group that provides care to over 2.2 million people, but it is severely underfunded by Congress. As this is one of the main organizations providing healthcare access to NA/AN groups, this underfunding affects millions of lives. To put these funding issues in perspective, funding would have to almost double to match the degree of care provided to federal prisoners, and it would have to increase by even more to equate to Medicaid benefits.
Poor healthcare consistently results in the treatment of symptoms instead of causes, and, unfortunately, this means the prescription of opioids. Whether injuries occur from manual labor, physical activity, or driving accidents, NA/AN individuals are more likely to be treated with opioids as opposed to more effective means of treatment, such as physical therapy. Poor healthcare aligns directly with low-quality insurance or no insurance at all, and opioids are more likely to be prescribed in areas with uninsured people.
Mental Health and Cultural Disconnect
The traumatic history of Native American groups has a massive impact on these overdose rates, as forceful deprivation from culture leads not only to issues such as inadequate healthcare and poverty, but also mental health issues, one cause of opioid treatment, these being direct pathways to opioid addictions.
Mental health issues are incredibly prevalent within NA/AN communities, with suicide rates for them being more than double those for the entire U.S. population. NA/AN individuals are also more likely to be diagnosed with anxiety disorders and PTSD. These mental health conditions, when left untreated or inadequately treated, can often lead to drug abuse. The IHS does provide care for mental health and substance abuse issues; however, the already underfunded organization only uses about 10% of these funds to support substance abuse treatment
These mental health issues can be attributed to many things; however, a major force playing into this is the history of trauma amongst Native Americans. This topic could be one if not several, entire blog posts, but here I will attempt to briefly sum it up. It is important to note that there are around 600 federally recognized tribes, so the experiences of NA/AN individuals can vary greatly. One thing most groups share is a prevalent history of displacement and loss of culture. In the late 19th century, the majority of Native American individuals were forced to relocate to reservations or into urban areas. This resulted in a decline in socioeconomic status, which resulted in poor living and working conditions, as well as heightened health issues, both mental and physical.
It is vital to remember that NA/AN groups are underrepresented in major clinical research studies. This results in the general public being unaware of the true extent of issues within these communities. This underrepresentation in research exacerbates the disparities and can easily result in the continuance of the opioid crisis for Native Americans with little to no acknowledgement from major government parties. Another impact of inadequate research is misconstrued statistics, and it is likely that the opioid crisis is worse for NA/AN groups than scholars anticipate, as overdose cases may be underestimated by as much as 35% due to race miscalculations.
Creating Change
The first thing that needs to be done in order to improve the worsening opioid crisis in NA/AN areas is to improve funding for the Indian Health Service. The United States Congress must take action and increase funding—the funding in 2022 is less than half of what patients need. With adequate health care, individuals with mental health and substance abuse issues will be able to get the help that they need, and, on the more preventative side, with better care, individuals will be less likely to be prescribed opioids as a substitute for proper treatment.
The second action that needs to be taken is better awareness. There needs to be more research devoted to NA/AN groups, so that we are able to pin down what leads to these heightened addiction statistics. Overall, it is vital for individuals to take personal responsibility and increase their own awareness of the issues. Native Americans have been ignored and mistreated for decades, and this must be remedied in the present.
One day, in the cafeteria of my small-town Alabama high school, my friend asked if I could sneak some extra snacks from the cafeteria as I went through the line, “Anything that I can put in my backpack for later.” I wondered why her question was asked so defeatedly but brushed it off as her just wanting some extra Rice Krispies treats. So I hid an extra snack in my pocket and grabbed a banana that I knew I wasn’t going to eat. As we sat down, she reached deep into her pockets and pulled out packs of carrots, an orange juice, two Rice Krispies treats, and an apple, quickly shoving it all in her backpack. I handed her what I had gotten and I didn’t ask any questions. This went on for the rest of the semester and it gradually became clearer that her love for Rice Krispies was not the driving force. Her mom had lost her job, and she had suddenly been hit with something that over 16% of Alabamians are facing: poverty.
In this article, I will lay out some aspects of Alabama’s society based on my research that may correlate to the economic disparity of the state.
Cultural Emphasis on the Free Market
Because of the biodiversity of the state and the emphasis on agriculture, many people have found success and stability in small-scale agricultural labor. When the main means of production in a community are small, family-owned-and-operated farms, most people in society have access to the means of production. Small farmers tend to pay their workers well and keep prices fair in order to compete with the many other small farms. Customers are willing to pay a fair price for the products because they trust that it is good quality due to the competition. This is how many communities in rural Alabama have historically operated, and it has fostered a strong sense of hospitality and community. This research from Auburn University in 1987 shows the cultural perception of farming and agriculture in Alabama at that time. Many people supported small family farms over larger, more industrialized farms. Many of these small farms were focused on manual, hands-on labor, wherein the employees worked closely with the means of production and saw the outcomes of their labor. This is why many people in the South hold onto values of a completely free market, with little regulations on employment, wages, and worker protections. When I mention the “shift in the industry,” I am referring to the shift from hands-on labor working directly with the Earth’s resources to more industrialized factory work and white-collar office jobs.
When the means of production become larger and farther removed from the laborers, this type of economic setup becomes an issue. The shift in industries in which Alabamians make money has privatized the means of production and reduced competition. People now are more likely to work indoors in offices, factories, and businesses, far removed from the means of production of the goods and services that they facilitate. This shift has led to many of the problems of an industrialized unregulated system to show themselves in the economic struggles of Alabamians. Employers are farther removed from their employees, meaning they are less likely to directly see all of the work being done by them. Also, under an industrialized free market, salary and wages are often set by huge company employers with little to no competition. Many people must accept these lower wages or be unemployed, making no wages. This is not to say that the free market is necessarily bad. In many ways, Alabama still relies on small businesses and agriculture. There are many ways in which the free market is fundamental to the rights we enjoy, but when a market like this gets into the hands of greedy employers with little regulations on the minimum wage and maximum workload they can give to their employees, it can be used to contribute to the economic struggles of the working class.
In Alabama, many people have the attitude that if they earn their money or belongings through work, then they deserve to hoard all of the benefits of it. The “bootstraps” view of work is heavily valued in Southern culture, which has its benefits, but ultimately fails to bring fair wages and labor conditions to the middle class post-industrialization. By the “bootstraps” view of work, I am referring to the saying that one can or should “pull themselves up by the bootstraps” when they are of lower economic class. This promotes the idea that working hard is the best way to move up in one’s socioeconomic class; however, people can be of lower economic class for a multitude of reasons, not limited to merely work ethic. This view of work rarely has the intended effect in industrialized fields. It also often excludes people with disabilities whose work opportunities are limited. Watch this Tedx Talk, where Antonio Valdés explains the logistical issues with this view and the statistics surrounding the issue. Additionally, in a strictly free-market worldview, it is often hard to justify social welfare programs, since funding for them must come from the hard-earned tax dollars of people who claim that they deserve their money, and go to people who they claim do not. Although this view does encourage people to work hard and pull their own weight in society, this system can often be manipulated to benefit a few people while pushing a large portion of the population underneath the poverty line.
Education
Another factor that is affecting the wealth of Alabamians is the education system. Alabama consistently ranks in the bottom half – mostly in the bottom 10 – of states in every area regarding education. This article puts some numbers to these statistics. There is no doubt that education correlates to economic mobility, and the education that Alabama students are receiving does not prepare them to compete in a national – much less international – job market. With the industrialization of the workforce, it is important that Alabama puts more resources into improving the quality of our education system if we want to grow economically.
During my research, I came across an article titled Alabama’s Education System was Designed to Preserve White Supremacy – I Should Know. It explains the history of the education system of Alabama and how – rather than designing schools for students to flourish through knowledge – the designers of the system were preoccupied trying to push a white supremacist political agenda. Effects of this can still be found in Alabama’s K-12 education system today, making Alabama school history and social studies curriculum a battleground of political ideologies rather than a place where children can gain a better understanding of their society. I highly recommend giving this article a read, as it was incredibly informative and helpful in my understanding of the pitfalls of the education system in which I was raised.
Slavery, Segregation, and Civil Rights
For many of its first decades, Alabama’s economy was fully held up by unpaid enslaved Black laborers. The soil in this region was the perfect conditions for cotton to be grown, so cotton, along with tobacco, were the main crops that were produced by these laborers. Once the Emancipation Proclamation was carried out in Alabama, the economy took a big hit. Rather than blaming themselves for not working “labor wages” into their finances, plantation owners blamed the formerly enslaved people for not working for free anymore. Slavery grounded our state’s history directly into the soil of race-based hatred, prejudice, and power imbalances from which we have never recovered. Segregation immediately followed emancipation and lasted for 91 years. Following this, Alabama was a significant site for the Civil Rights Movement of the 1950s and 60s. In Selma, an event called Bloody Sunday occurred when a group of police officers used whips, clubs, and tear gas to attack protesters. In Montgomery, Rosa Parks notably refused to give up her seat to a white man, for which she was arrested. In Birmingham, Martin Luther King Jr. wrote, “Letter from Birmingham Jail,” one of the most famous pieces of writing from this movement. Still today, Alabama is one of the most socially segregated states in the United States.
It is unsurprising that a state so steeped in racism would have such a large percentage of people in poverty. When entire groups of people live in an area but cannot work certain jobs, access an equal education, earn equal wages, or make big purchases, the entire area suffers. Economies are reliant on the ability of people to participate in them, which is the reasoning behind stimulus checks. If people don’t, or can’t, make or spend money, a free-market economy will not be strong. Not only are people of color in Alabama denied from higher-paying jobs at a much higher rate, but when they do get these jobs, they are often paid significantly less than their white counterparts. This economic inequality leaves entire communities impoverished, more likely to find themselves without a house, and more likely to commit petty crimes for survival. This creates a harsh cycle of poverty, imprisonment, and stereotyping that is incredibly difficult to escape.
Mass Incarceration
All it takes is a quick search on the Institute for Human Rights Blog to see just how many posts have been written about Alabama’s prison system. Anybody unaware of the prison crisis would think that we are beating a dead horse. They would be shocked to hear about the horrors occurring in prisons right down the road from where many of these posts were written. Maybe then, they would understand why we write so much. Because of the wealth of information on this topic, I will link a few articles written by my colleague Kala Bhattar here if you would like to learn more:
It is not a stretch to link mass incarceration to poverty. Recidivism rates (the rate at which people who have spent time in prison return to prison) are high in Alabama. Roughly 29% of people released from prison re-offend within the first three years. The Alabama government seems to attribute this statistic to these people being morally depraved, that they are just “bad people” (whatever that means) rather than to the fact that their needs are not being provided for. The classic example of the link between poverty and crime is a parent stealing bread to feed their family, when the only other option is to go hungry. Technically, stealing is a crime, but most people would agree that the parent who steals bread for their kids should not be punished as harshly as someone who steals for other, more selfish reasons. Of course, poverty does not totally excuse or account for all crime, but there is no doubt that necessity mitigates moral culpability.
This is not an extensive list of reasons why Alabamians are having the amount of economic struggles that they are having. Some others include: political polarization, excessive legal fines and fees, the fentanyl and opioid crisis, and the social disenfranchisement of pretty much every minoritized group. As an Alabamian, it is incredibly upsetting to see my state fall short in so many ways. It often feels like there is not much to be proud of, but it is important to remember that pride in one’s homeland does not mean blindly defending everything about the state. Pride in one’s homeland comes from genuinely caring for the communities that live here, criticizing the government when warranted, and guiding the culture to a more harmonious place. And caring, criticizing, and guiding is what we will do until our state sees better days.
According to the United States Department of Education and Agriculture, sixteen states have underfunded their state’s land-grant, Historically Black Colleges and Universities (HBCUs), by more than $13 billion over the last thirty years. A land grant college or university is an institution designated by the state legislature to receive benefits under the Morrill Acts of 1890 and 1994. The act’s passing was to ensure that higher education would be accessible to all and not only wealthy individuals, being that before 1892, many of the United States institutes for Higher Education were privately funded and selective of who they allowed. It gave states the power to sell federal land to establish Public Institutions.
If HBCUs do not receive equitable funding, it can perpetuate inequities in educational outcomes and opportunities for underrepresented minority students. Understanding the history of HBCUs is essential to appreciate the significance of addressing underfunding. Many of these institutions were founded to address historical injustices, and chronic underfunding perpetuates these disparities, reinforcing the notion that Black students deserve fewer resources and opportunities than their white counterparts.
The History of HBCUs
Historically Black Colleges and Universities (HBCUs) have a rich history of providing education to Black men and women in the United States. They emerged in the early 19th century, with institutions like Cheyney University of Pennsylvania in 1836 and Lincoln University in 1854 initially focusing on teacher training. Over time, these institutions broadened their curricula and became vital education centers for Black individuals, offering various academic programs.
During the Jim Crow era, which lasted from the late 19th century into the mid-20th century, racial segregation laws enforced strict separation of Black and White individuals in public facilities, including schools. Predominantly white institutions were often closed to Black students, and even if they were nominally open, they were often unwelcoming and discriminatory. HBCUs filled this void by providing Black students access to higher education when other options were limited or nonexistent. These institutions offered a safe and nurturing environment where Black individuals could pursue education and intellectual growth. However, these institutions have faced persistent challenges, including funding disparities that hinder their mission of providing equitable education. State funding policies that allocate resources to public higher education institutions are at the heart of these disparities.
Addressing the Disparities
In the letters sent to the governors of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Oklahoma, South Carolina, North Carolina, Texas, Tennessee, Virginia, and West Virginia. The Department of Education highlights the importance of HBCUs. The underinvestment of these institutions should be addressed, given that these institutions generate close to $15 billion and have considerable impacts on the predominantly black communities they serve.
The letter addressed to Governor Kay Ivey of Alabama, the Department of Education highlights the stark contrast between Alabama A&M University, the state’s first land-grant institution for African Americans, and Auburn University, the state’s first original land-grant institution, noting the differences in infrastructure and researching which Miguel Cardona, U.S Secretary of Education talks on saying that “Unacceptable funding inequities have forced many of our nation’s distinguished Historically Black Colleges and Universities to operate with inadequate resources and delay critical investments in everything from campus infrastructure to research and development to student support services.”
Since the COVID-19 pandemic, HBCUs have seen a massive enrollment increase despite a national decrease in college enrollments. During an interview with PBS News Hour, the President of Spelman College, an HBCU all-women’s college, Dr. Helene Gayle, attributed the increase in enrollment to an entire generation of young African Americans who have witnessed historic events. The inauguration of the first Black President of the United States, and the rise of movements such as Black Lives Matter and numerous instances of social injustice have motivated and encouraged young people to seek higher education in environments where they are surrounded by their community.
The increase in enrollment has caused some issues for many HBCUS, one being the need for more housing spaces to accommodate the influx of students. Tennessee State University has the most known case, with the university having to rent out five hotels for the 2022-2023 academic year. This has caused the Tennessee State Comptroller to come in and audit the University and their financial practices. Their report found that TSU had a “lack of planning, management, and sound decision-making.” TSU’s financial decisions play a part in the case. Still, one cannot deny that Tennessee underfunding Tennessee State University $2,147,784,704, the most of any other state, plays a role in their shortcomings. The University of Tennessee, the state’s original land grant-funded institution, has sixteen housing halls in Comparison to Tennessee State’s eight housing halls, including one that just opened in August of 2022.
Why HBCUs Matter
HBCUs have a rich history of contributing to research and innovation, often focusing on underrepresented areas in mainstream academia. Unfortunately, underfunding hampers their ability to invest in research projects, labs, and faculty development, affecting their capacity to compete for research grants and produce groundbreaking work. This lack of funding also hurts equity by limiting the contributions of Black professionals and academics in research, innovation, and industries like STEM.
Adequate funding is crucial for maintaining high educational standards, hiring qualified faculty, and offering up-to-date resources and facilities. When HBCUs receive less funding, it can lead to overcrowded classrooms, outdated technology, and limited course offerings. The disparity in educational quality can perpetuate inequities, particularly in the context of historically Black colleges and universities.
HBCUs have historically served as a pathway to higher education for Black students who were often excluded from predominantly white institutions due to racial segregation and discrimination. Inadequate funding can restrict their capacity to enroll and support students, limiting access to quality education. This impacts equity, making it harder for Black students, particularly those from low-income backgrounds, to pursue higher education and achieve social mobility.
Underfunded HBCUs may receive a different education and preparation for future opportunities than students at well-funded institutions. Therefore, providing adequate funding to HBCUs is essential for promoting equity and ensuring Black students have access to quality education and opportunities.
Support HBCUs
Growing up, I was fortunate enough to be surrounded by the pride and tradition of HBCUs. Being a native of Birmingham, Alabama, I have had the pleasure of experiencing the biggest HBCU football game, The Magic City Classic, every year. The way the community comes together to support their teams, regardless of the weather, is truly a unique and unforgettable experience.
Funding HBCUs appropriately not only demonstrates a commitment to inclusivity and solidarity with marginalized communities. These institutions are essential to a more just and prosperous future for all, as they continue to play a vital role in American education and culture. By recognizing the pivotal role of state funding policies, we can work towards a more equitable future where HBCUs receive the resources they need to provide quality education and continue their legacy of empowerment and opportunity. Public policy decisions at the state and federal levels directly impact HBCUs funding, support, and overall well-being. Advocacy, engagement with policymakers, and developing equitable policies are essential to addressing funding disparities and promoting equity in higher education for HBCUs.
Here is the list of every federal government-recognized HBCU in the United States. If there is one close to you, I encourage you to support one in any way you can, whether going to a sporting event or donating.
A Philosophical Take on the Detrimental Climate Effects of European Colonization in North America
I would like to begin by recognizing that the land I sit on while I write was stolen in cold blood by European colonizers. On a once flourishing forest valley now sits tons upon tons of concrete. On land once occupied and cared for by Creek and Choctaw peoples now sits freshly mowed yellow lawns painted blue, overflowing drainage pipes, and office buildings filled with tired, underpaid workers. It is with a heavy heart that I mourn the loss of Indigenous people and their cultures at the hands of greedy White supremacist colonizers. With this article, I do not wish to convey that climate effects are the only or the most detrimental result of European colonization and their genocide of Native peoples. Life, culture, language, and knowledge, to name a few, are some of the more immense losses. The purpose of this article is not to reduce this catastrophic event to solely how it affects the climate today but to bring attention and reverence to Indigenous philosophies, traditions, and ways of life that can inform our modern discussions of climate change.
As a precursor to this article’s more philosophical take, you may want to read about the historical contexts of colonization. In this case, please check out this article recently posted by my colleague here at the IHR, Kala Bhattar.
Concrete Jungles
How do you provide for yourself and your family?
Your answer probably involves producing a product or carrying out a service that society deems valuable enough to attribute money to you for it. You then use that money to buy food, water, and shelter from those in your community who produce or own it. Money probably plays a huge role in your everyday life, and if you’re anything like me, it’s probably one of the larger stressors on your mental health. How much of our lives do we have to sacrifice doing hard labor or sitting behind computer screens in order to make enough money to stay alive to do that work all over again? When was the last time you ate food that you or your loved ones didn’t spend money on? When was the last time you wandered into a forest to breathe unpolluted air and observe the plants and bugs that call your land home? Why does modern culture demand of us that we focus all of our energy on acquiring wealth and ignore our own mental health to do so?
Modern Western society does not live “at one” or in harmony with the Earth. We no longer heavily rely on nature and the climate, but increasingly rely on money and the economy. It’s as if this planet is solely a stomping ground for a “holier than thou” species to level out and cover in concrete. The Earth has been screaming back at us for years. We’ve seen endangerment of species such as the monarch butterfly, rising sea levels, and one of the worst wildfire seasons to ever be recorded. This is consistent with deforestation, the degradation of the ozone layer, and rising global temperatures. These are all aspects of the climate that human activity has affected. In North America, the notion that humans are separate from the ecosystem, that distancing oneself from nature is “more civilized,” and that relying on the flora and fauna of one’s homeland is “primitive” or “dirty” roots all the way back to 1492.
Symbiotic Humanity
Before European pilgrims traveled over to the North American continent, the land was inhabited by vastly diverse Indigenous tribes and nations. Some of these tribes were nomadic and lived by moving around the landscape, hunting and gathering an array of foods as they traveled. Others were mostly stationary, growing crops and raising farm animals to provide for themselves and their communities. There were many groups with many different worldviews, religions, and philosophies. The one thing that united them all was their profound reverence for the forces of nature. They saw themselves as a part of the ecosystem of the land they lived on. It was an honor to raise crops and livestock and to participate in their homeland’s well-being. They promoted biodiversity, expressed empathy and gratitude towards the animals they ate, and valued cooperation in and between their communities. They practiced herbal medicine, tending to their sick and injured with natural remedies that they had identified to have healing properties. They even had their own forms of religion/spirituality centered around connecting one’s spirit to the Earth, feeling what Mother Nature needs, and providing that for her in exchange for her providing for them. The human population on the North American continent was thriving and developing. There was peace within and between nations for the most part. All of their needs were taken care of so they could focus on negotiations rather than violence.
Property and Greed
When the Europeans arrived, the Americans taught them how to live on their continent. They taught them how to grow crops in their soil, hunt for their own food, and use every part of the animal including the hide, bones, and meat. They were more than willing to allow these settlers to join them in their symbiotic relationship with nature. To them, more people meant a more diverse and stronger community to help each other out.
One can imagine their surprise when the Europeans introduced them to greed. They introduced them to the ideas of personal property, wealth hoarding, and social status based on material goods. They saw all of this land as unclaimed and up for grabs since the Americans had no formal ownership system. They started violently enforcing this ‘property view’ of land onto the Americans. They would claim plots of land as their own and hoard all of the resources that could be obtained from it. They also were not fond of the Americans’ religion. They started threatening them with eternal damnation if they didn’t convert to Catholicism. They called them “primitive” for their symbiotic relationship with nature, and “savages” for their denial of Christianity.
Centuries later, after colonizing the East Coast, the English-speaking Europeans separated from the British monarchy and believed it was their god-given manifest destiny to own the land all the way to the West Coast. So they loaded up their swords and crossed the Appalachian mountains, slaughtering and relocating the Native people along the way. Although many Native tribes had helped Great Britain during the Revolutionary War, Great Britain was nowhere to be found when the colonizers perpetuated their genocide.
A Culture of Climate Apathy
Today, we live in a world where we mow our lawns once a month and call it environmental care. We plant uniform gardens outside our homes solely for aesthetics without caring that the ‘weeds’ we pull up are the only sources of food for certain butterfly and bumblebee species. We stomp spiders into our carpets for daring to wander onto our property. We spray poison on our foods so that humans are the only ones that can eat them, and we pack hundreds of cows into small barns with no ventilation to steal their children’s food for ourselves before slaughtering them when they stop producing. We can’t survive without constant air conditioning (partly because global temperatures have been consistently warming for over 50 years) and the air we share has record-high levels of carbon in it.
We have taken ownership of the Earth and drained it of its resources. The Earth was never meant to be claimed for oneself; it was never meant to be commodified. It was never meant to be drained of oil to fill the pockets of wealthy CEOs. The Earth was meant to be shared by all its living beings. Similarly, humans were never meant to be in solitude. We were meant to live symbiotically with each other and with nature. Greed has divided us as one humanity; it murdered the Native American tribes and robbed the Earth of its biggest supporters. And I am afraid that Mother Nature might never accept our apology.
Human Suffering at the World Trade Center Bombing -September 11, 2021
On September 11th, the world acknowledged the 22nd Commemoration to honor the loss of life of thousands of humans after the terrorist attack on the World Trade Center in New York and also at the Pentagon in Washington, D.C. on September 11, 2001. At all of these sites of tragedy, memorials, and monuments have been erected to honor the lives of the deceased, as a site of memory for the families left to mourn, and for the world to remember the human cost of the tragic violence and the urgent need for peace.
Human Suffering in September – Birmingham, Alabama- September 15, 1963
On September 15th, the city of Birmingham, the 16th Street Baptist Church acknowledged the 60th year since a racially motivated terrorist attack by the Klu Klux Klan who bombed their church and left “four little girls” to die in the rubble.
Why do We Need an International Day of Peace?
“United Nations Secretary-General António Guterres said, “Peace is needed today more than ever. War and conflict are unleashing devastation, poverty, and hunger, and driving tens of millions of people from their homes. Climate chaos is all around. And even peaceful countries are gripped by gaping inequalities and political polarization.”
Many humans are suffering under the umbrella of structural violence and actively fighting against oppressive, racist, homophobic, sexist, misogynist, classist, and religiously intolerant systems and regimes. Human rights are being violated and for many, peace feels like as author Langston Hughes would call it a “dream deferred.” Many would agree with Secretary Guterres that “…Peace is needed today…” and many more would argue that looking back through the historical record, peace has been needed for quite some time now.
Violence in Numbers
Beyond the devastation of the loss of life, according to National Today, since 2015 there has been $13.6 trillion dollars spent related to violence in 2015, 9,800 terrorism websites containing violent material, 11% of ceasefire agreements between 2015 and 2019, which included gender provisions, 15.9 million – the estimated number of people in Yemen’s population hit by the world’s worst food crisis, 135 million – the number of people in 2019 living with acute hunger, 60% of people struck with acute hunger living in conflict countries, 88 countries that had national action plans on women, peace, and security by October 2020, 417 policy measures enacted by national governments in response to the COVID-19 crisis and 408 million youth living in areas of armed conflict in 2016.
If we are to address the myriad of ways violence affects humanity, we must look at peace as a process, according to Peter Verbeek, Ph.D., associate professor and Graduate Program Director of the Master’s Program in the Anthropology of Peace and Human Rights in the UAB College of Arts and Sciences. Verbeek and co-editor Benjamin A. Peters state, “Peace is not a passive state but an active behavioral process that can and must be studied in science like any other behavior.”
September 21st is International Day of Peace or World Peace Day
2023 Theme-“Actions for Peace: Our Ambition for the #GlobalGoals”
This year’s theme highlights our individual and collective responsibility to ensure that peace is maintained. This call to action works to achieve Sustainable Development Goals (SDGs) and through attaining these goals, it is believed that peace will be acquired by all. To learn more about the SDG’s, watch this video: Do you know all 17 SDGs? – YouTube
IHR Pictured with IPC Founders, Will and Carolyn Ratcliff, Rotary Club Members, Past and current UAB Anthropology of Peace and Human Rights with Graduate Director, Dr. Peter Verbeek, IHR staff and interns, and Dr. Rev. Bernice King. To learn more about IPC 2023, click here.
75th Year of The Universal Declaration of Human Rights & the Convention on the Prevention and Punishment of Genocide
As we work towards peace and reconciling with our past, the year 2023 marks the 75th anniversaries of the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of Genocide. We must work together to build paths to peace, eradicating systems of oppression and centering our shared humanity. With all the disturbances to our peace throughout human history, we must remember those who were slain, those who sacrificed, and honor those who fought a noble battle in the pursuit of freedom and justice.
In the words of Congressman John Lewis, “Not one of us can rest, be happy, be at home, be at peace with ourselves until we end hatred and division.” Let us work to end the division and hatred, work towards peace and pave a new way forward together.
For more information about the International Day of Peace, you can visit here.
Juneteenth has been historically celebrated by many Americans since the late 1860s, yet it is only recently that it has become mainstream. Today we focus on why that is, what Juneteenth celebrates, and how we can do a better job incorporating this holiday into our lives. Although it has been around for so long, Juneteenth was only recognized as a federal holiday on June 19th, 2021, following the summer protests of the Black Lives Matter movement in response to the brutality experienced by George Floyd at the hands of the law enforcement system. June 19th, or Juneteenth as it is known widely by those who have celebrated it since its founding, is the day we commemorate the abolition of slavery in America, freeing enslaved African Americans through the passage of the Emancipation Proclamation and the Thirteenth Amendment.
History of Juneteenth, The Emancipation Proclamation, and The Thirteenth Amendment
The Civil War was one of the bloodiest wars that Americans have ever fought, and it lasted four long years. The war was between the Union, which was made up of much of the northern states above the Mason-Dixon Line, and anyone below that line seceded from the main country and swore loyalty to the Confederacy. The Mason-Dixon line, which was passed in 1861, was designed to be a compromise that allowed Southern states to continue to use slave labor in the South in their fields and farms, while the Northern states were moving to abolish slavery within their boundaries. While the North depended on their seaports and industries, the South primarily produced the cash crops like cotton, rice, and indigo, that were being shipped across the oceans and transported by railroads across the lands. There were a few border states in the middle that did not want to give up slavery in their states. Lincoln, recognizing that he needed those states in the Union to have a chance to win the Civil War, permitted them to continue to use slavery while being a part of the Union.
In an attempt to change the course of the Civil War and keep the nation from breaking into two parts, President Abraham Lincoln wanted to weaken the Confederate forces so the Union forces could be victorious. This, he assumed, could be done by targeting the Confederacy’s economy and economic infrastructure, which at that time, was primarily dependent on slave labor. President Lincoln issued the Emancipation Proclamation in 1863 as an executive order, freeing all the enslaved individuals in all Confederate states that did not yield to the Union troops. With the passage of this document, the South could no longer rely on unpaid labor, leaving them in financial turmoil and giving them no other option but to surrender to the Union troops. The document is largely believed to have abolished slavery entirely in America, but the reality is that this was a political move during a war by the President to ensure that the Southern economy would be devastated. This proclamation did not include the border states which were already part of the Union but were employing slavery in their states. This meant that the enslaved individuals in those border states continued to be enslaved. This proclamation also excluded those who lived in the southern states which had already surrendered to the Union, meaning that those who did not rebel against the Union were allowed to continue to use slavery as their economic system. What the Proclamation did, however, was transform the morality and cause for fighting the Civil War. The Civil War began over the question of whether slavery should exist or not, with the Vice President of the Confederacy delivering a speech declaring the sole purpose of secession to be the disagreement on slavery between the Union and the Confederacy. However, to President Lincoln, being victorious meant keeping the nation intact, and the abolition of slavery was an aftermath. Once the Proclamation was passed, many Americans were convinced that the war was being fought for the abolition of slavery in its entirety in the United States. The Proclamation even gave way for newly freed African Americans to join the Union army and help liberate their brothers and sisters in the Confederate states.
While the Union’s victory was generally a good thing for the progress of America toward equality among all people as it was first outlined in the Constitution, the Emancipation Proclamation was not the document to achieve this goal. Although it changed the trajectory of the Civil War, transforming the initial cause to keep the nation united, into a moral cause of abolishing slavery, it was not until the Thirteenth Amendment was passed that slavery was truly abolished in all the states of the nation. This Amendment, which had followed the proper channels of the Legislative branch, was passed right after the Civil War ended, and right before the rebellious states were admitted back into the Union. On December 6, 1865, the Thirteenth Amendment was officially ratified into the Constitution of the United States. Along with the Thirteenth Amendment, the passage of the Fourteenth Amendment, which granted citizenship to all formerly enslaved individuals, and the Fifteenth Amendment, which granted suffrage rights to African American men, altogether addressed the Civil War’s conflicts, providing a final Constitutional solution to the issue of slavery in America.
So, where does the term “Juneteenth” come from? Although the Emancipation Proclamation had passed in 1863 and the Thirteenth Amendment had passed in 1864, it was not until two months after the Civil War had ended, that many of the enslaved individuals in most Southern states had been made aware of their free status. On June 19th, 1865, two thousand Union soldiers arrived in Galveston, Texas to announce the freedom of all who were enslaved there, and the newly freed African Americans coined the term “Juneteenth” to commemorate the day they received independence and could be truly free.
The Continued Struggle for Freedom and Equality
The end of the Civil War, the passage of the Emancipation Proclamation, and the Thirteenth, Fourteenth, and Fifteenth Amendments, were supposed to be the official end to slavery in America, but many scholars have pointed out that slavery only transformed into a modified system. These scholars highlight issues with the wording of the Thirteenth Amendment, which states that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” The amendment abolished slavery in all instances, except as a punishment for crimes, and the Reconstruction Era, which followed the end of the Civil War, took advantage of the loophole in the Thirteenth Amendment. In the 1890s, legalized segregation became the new normal. The South had faced a lot of loss, both to its infrastructure as a result of the war, as well as its economy (primarily held up by slavery), due to the freeing of their enslaved laborers. Additionally, many white southerners also were not ready to accept the newly freed African Americans, who they did not view as equals.
The infamous Jim Crow laws were proposed as a solution to all of the White Southerners’ problems with the outcome of the war. These laws were made to criminalize as many newly freed individuals as possible, to re-enslave them in the prison systems, and force them to help rebuild the nation, as they had once done under slavery following the Revolutionary War. The Jim Crow laws criminalized such things as being unemployed, not bowing to white people while walking on the streets, drinking from a “Whites Only” water fountain, and many other harmless, everyday actions that displeased any white residents of the area. Many times, lies were told about African Americans simply to land them in prisons and put them to work. These laws were designed to be a criminalization of blackness.
This was also the time when Convict Leasing systems began, where imprisoned individuals would be leased to businesses and the state to work as laborers for whatever positions they needed to be filled. This could be working on farmlands, working with heavy machinery, or even in coal mines. Our own Sloss Furnaces, the famous Steel and Iron plant that transformed Birmingham from a small town into the large city it is today, made use of Convict Leasing as well. To read more about the history of the prison systems in America and in Birmingham, as well as details about the convict leasing programs, click here.
The exception in the Thirteenth Amendment has today led America to have the highest rate of mass incarceration in the world and has given way to the Prison Industrial Complex. America houses only about 5% of the world’s population, yet the mass incarceration rate is so large that 20% of the world’s prison population is made up of Americans alone. This is not only unjust, costly, and inefficient, it also shares its roots in the racist history of America’s founding. Many of those who end up in prison are disproportionately people of color, which speaks to the systemic racism present within our institutions. What’s worse, many of the people held in local jails have not even been charged with any crimes. They are awaiting their trial, too poor to post the high bail amounts. Still, others have lived out sentences for crimes they have never committed. This atrocious list goes on and on with injustices, yet a simple solution is to cut down on our incarceration rates. One reason why this is more than an issue of criminality can be determined by looking at the Angola Prison in Louisiana, a plantation farm that operates as a state penitentiary, with their prisoners in chains (like enslaved individuals of the past), officers on horseback (like overseers on the plantations), and the farmland that they are expected to till, harvest and package food for the rest of the community. Until white supremacy and racist ideology continue to exist in America, so too will these unjust forms of oppression, clouded by the legal cover provided to them by the justice system.
These facts are bleak but necessary for everyone to understand, so as to be conscious of the continued struggle for true equality in this country for African Americans, and others who have dealt with oppression throughout the history of this nation. Many people think that slavery died following the Civil War, or that it was “more than 200 years ago, so what can we do about it?” Yet, the reality remains that slavery never died, but only transformed into a modern, industrialized version of the same system, which now incorporates a wider umbrella of people to oppress. Juneteenth is not only a celebration of the resistance, courage, and triumphs over oppression by people of our past, but also a day to come together and address the new forms of oppression we face in society today. It is a continuation of the legacy of freedom, equality, and justice started by those before us.
Importance of Juneteenth
Juneteenth was officially recognized as a holiday in Texas, which was the first state to do so in 1979. It has recently been recognized as a federal holiday since 2021 after President Joe Biden signed the Juneteenth National Independence Day Act. Juneteenth is a day to celebrate the shared history of African Americans, but also the progress towards peace, freedom, equality, and justice. Fredrick Douglass, a famous orator, author, and abolitionist, in 1852, had famously asked his audience in a speech he delivered on July 4th, what Independence Day meant for those who were enslaved in America. Juneteenth is the true Independence Day for many people who recognize the hypocrisy of the Founding Fathers, who fought the Revolutionary War for “freedom” while enslaving African Americans and stealing lands from the Native Americans. Juneteenth is a time for the rejuvenation of culture among a group of people whose cultures were stolen from them, and all that they were left behind with are their shared ancestry and shared histories. This day is a day to instill a sense of community despite those hardships and losses. Juneteenth is also a time to reflect on the past, rejoice in the resilience and solidarity of those who fought for this freedom, and discuss current events and how to best approach them moving forward. Juneteenth is a day to learn from the past, live gratefully in the present, and prepare for the future.
How Is It Celebrated and Who Can Celebrate It?
There are many ways to celebrate Juneteenth. Many cities hold parades and festivals, with local black-owned businesses and food trucks as vendors for the event. These events might include prominent guest speakers and workshops on various topics each year, based on the community’s needs and wants. Others celebrate the holiday by holding potlucks, family gatherings, and backyard barbecues for a more intimate celebration with family and friends. If you want to celebrate Juneteenth but are not comfortable engaging in community activities, there are many things you can do in the comforts of your home, or with friends and family members as well to honor this day. For one, you could learn about the history of Juneteenth. If you are reading this article, then good job, you are already celebrating it!
You can educate yourself about the history of slavery, the Civil War, the Emancipation Proclamation, the Thirteenth Amendment, and any other topic that you might not be too sure about as it pertains to Juneteenth and why it is important to celebrate it. You can do this by going to a museum near you, like the Legacy Museum in Huntsville, which is a great historical walkthrough from the times of slavery to mass incarceration today, or the Birmingham Civil Rights Institute, which focuses on a detailed history of the Civil Rights movement that took place in the heart of Birmingham. You can watch a documentary about these topics, including “The 13th” on Netflix, which takes a deep dive into the loophole of the Thirteenth Amendment that gave rise to the mass incarceration crisis we face today. You can listen to a podcast, like “Deliberate Indifference“, a podcast by Mary Scott Hodgins that focuses on the local Birmingham history of policing and provides details about convict leasing practices in Alabama. You could read literature written by Black authors, whether they be informational, like “Medical Apartheid” by Harriet A. Washington, or fictional like the short story, “Recitatif” by Tony Morrison. You could support Black-owned businesses, locally or online, such as buying your books from a Black-owned bookstore or going out to eat at a Black-owned restaurant. You could educate others about the importance of Juneteenth, including your friends, family members, and even co-workers. As an ally, you can maybe pick up a shift for your Black friend who may want to celebrate Juneteenth with their family, or if you are someone in a supervisory position, you could give a Black co-worker the day off to celebrate Juneteenth. Encourage and empower your Black friends, family members, or co-workers, to feel comfortable to share their opinions and voice their concerns. You could even volunteer at any local Juneteenth event to help make the events successful!
Local Juneteenth Celebrations to Attend
There are many local events that you can attend to celebrate Juneteenth in Birmingham, Alabama. Here are a few that might be of interest:
Juneteenth: The Cookout, hosted by the Birmingham Civil Rights Institute on June 17, from 10 am-4 pm. There will be food trucks, live entertainment, a children’s village, tournaments, food competitions, genealogy workshops, and even a free tour of the museum!
Juneteenth Social is hosted by the UAB Black Alumni network at the Southern Kitchen Roof Top Bar on June 17th from 7 pm to 11 pm. Tickets are $25 each, and the proceeds go to the Kappa Delta Omega Psi Phi memorial scholarship for incoming African American Male students.
Second Annual Juneteenth Freedom Celebration, hosted by The Lifting As We Climb Foundation on June 18th, from 2 pm-9 pm at the Arlington Historic House in Birmingham. There will be food, fun, education, entertainment, and fireworks, and the tickets start at $20 for early bird tickets and $25 for general admissions. Bring small tents and lawn chairs, and be ready to eat from the food trucks on site.
Juneteenth in the Magic City 2023, hosted by Simone’s Kitchen ATL, on June 18, from 4 pm-10 pm at the Club M Compound. There will be food trucks, vendors, live bands, fireworks, African dances, and various other entertainment. Tickets start at $15 for Early Bird tickets and $20 for general admissions.
Juneteenth Pop Up Art Exhibit, hosted by Studio 2500 on June 16, at 6 pm for all the artistic, creative folks. Admissions start at $10 per person, children under 13 are free, and tickets can be purchased online at their website. They will have food, music, and an open mic, so bring lawn chairs and your own beverages, and take in the creations of our fellow Birmingham local artists and performers.
Juneteenth Open Mic is a virtual event being held on June 19th to highlight musicians, poets, hip-hop artists, and other Black artists who would like to participate. If you are a local artist and you would like to increase your followers, this is the event for you. If you just want to show up virtually to support local artists, you can do that to buy going to their website and purchasing tickets to vote. Tickets start at $10, whether you are performing, a part of the audience, or even a vendor. Again, this is a virtual event, so all you need is your laptop and internet!
However you choose to spend the day, make sure to be conscious of what Juneteenth represents to you and to those around you, and together we can actively, and intentionally work to make our world a better place for future generations!
WBHM, the publicly sponsored NPR affiliate located in Birmingham, Alabama, published a podcast this year, focusing on the atrocious realities of prisons in Alabama. Titled, “Deliberate Indifference,” the host, Mary Scott Hodgin, takes the listeners through an in-depth journey of the correctional facilities in Alabama, trying to better understand the root causes of the realities the people behind bars face on a daily basis. A health and science writer for the WBHM since 2018, Mary Scott Hodgin has been researching this crisis that Alabama prisons have been facing since 2019. The resulting masterpiece is her podcast, “Deliberate Indifference.”
This blog will highlight some of the themes the limited series focused on, and because this topic is very nuanced, I would not be able to do justice to this discussion in one blog. Hence, this will be a two-part series, where the first part focuses on the background of the prison system as a whole, and the historical context of Alabama’s prison system. The second part will focus on the human rights violations happening in Alabama’s prisons today, including the human rights violations existing in Alabama’s prisons today and the past, and how one can ensure that prisoners are treated with dignity and respect.
I strongly recommend that you please check out the podcast if you have not already because there are many details that I may not be able to get to in this blog or the next one that is worth knowing about. After all, this story is one close to home, and the first step towards finding a solution is having knowledge of the problem at hand. With that being said, let us dive in.
The Origins of the Prison Systems in the Southern States of America
Alabama prisons are recently under federal investigation for the increased violence and sexual assaults that have been rampant for years. This is not the first time the state’s penal system has been under investigation by the federal government. In 2017, Alabama prisons were under federal investigation for the inadequate mental health care offered to the inmates. Before focusing on the details of the prison system, some background information is necessary to fully comprehend how the system got to the place they are in right now. In the podcast, after interviewing various experts on the subject, Hodgin speaks at length about the history of prisons in Alabama. In the 1970s, following a class action lawsuit on the conditions of the prisons in Alabama, Frank Johnson, a federal judge ruled a federal takeover of the Alabama prison system until conditions improved.
As reported in “Deliberate Indifference”, Wayne Flint, a retired Auburn history professor insists that the history of Alabama’s prison system goes further back, starting with the Antebellum era. Flint observes that there were two cultures during that era in the South–a frontier culture and a plantation culture. The frontier culture was only available for people considered “white,” and settlements were disputed with violence. The plantation culture, which was mostly meant for African Americans (who were set free after centuries of slavery following the Union’s victory in the Civil War), focused on the question, “How do you control freedmen?” This was made possible by the loophole included in the 13th Amendment to the Constitution, which outlawed slavery with the exception of imprisoned populations. This meant that new laws …
New laws were created, targeting African Americans, making it possible to arrest and imprison them. These new laws, known as the Black Codes, were obnoxious, to put it kindly, and very racially inspired. The Black Codes included broad vagrancy laws, meaning that any person caught unemployed, begging, or unhoused (to name a few) would be put into prison.
Of course, though there were many white people dealing with poverty at the time, the only ones imprisoned for this were African Americans. Additionally, during the Reconstruction Era, following the defeat of the Confederacy, the Southern states were struggling to rebuild their society and economy. They required cheap labor, and people willing to work long, grueling hours. All this was true at a time when Southerners were not ready to integrate with the then newly freed African Americans and did not want them to have any political power to fight the oppressive conditions they dealt with. Before the Civil War, Flint points out that the majority of people imprisoned, (99%), were White; after the war, Alabama’s prison population was made up mostly of African Americans, (90%).
The Private Sector Benefits from the Prison System
One proposed “solution” to this supposed issue was the convict leasing system. African Americans were arrested for petty crimes, placed in prison, and forced to work with little to no compensation. Due to their incarceration, the inmates’ official records denied them the right to vote. This meant that not only did these states plunge the freed people back into a form of slavery, but they also managed to take away their political power, even after they had served time. Alabama was a state that indulged in this practice. The state did not want to raise taxes, but housing incarcerated people cost the state money. Their solution was to lend prisoners to private companies which paid the state to use the prisoners’ labor; the companies did not pay the prisoners, though, in any form of compensation.
This system became extremely profitable, especially during the Industrial Revolution, which required physical labor. This is how the mining town of Brookside, Alabama grew, and this is the system employed at the famous steel company, Sloss Furnaces in Birmingham. The conditions in which they worked were atrocious during the day, and prisoners were chained to the beds they slept in at night. This system required them to work many days underground with no protection and very little sustenance. Although there were both Black and White prisoners leased under this system, the Black prisoners were treated far worse than their White counterparts. Both Black and White prisoners, if they refused to work, would be beaten, abused, refused access to basic needs, and even could be denied parole. Prisoners were violently abused for any wrongdoings and because much of the public had no knowledge of these activities, the prisoners became an invisible population and were forgotten about.
That was until 1924 when a white prisoner by the name of James Knox was murdered by being dropped into a vat of boiling water for working too slowly. This incident took place in Birmingham, Alabama. Initially, it was reported that Knox’s death was a suicide or an accident. An investigation later revealed not only was James Knox’s death a deliberate act of punishment but also that, following his death, Knox was injected with poison to artificially indicate a suicidal or accidental death.
While this incident is certainly not the only incident that has ever occurred, nor is it the most heinous, this incident, along with other similar incidents where the victim was white, brought attention to the issue of prisoner abuse, and helped put an end to much of the convict leasing, at least leasing to private companies. Unfortunately, the use of convict leasing continued to take place in Alabama and other places even after this case was ruled, but inmates were to be used only for government projects like working on highways and working on farms and cattle ranches. One piece of good news is that in 2022, Alabama voters, along with four other states, voted to close the loophole in the 13th amendment, calling for the state to stop forcing prisoners to work for free. Many other states have shown interest in following this momentum.
The First Time Alabama’s Prisons Experienced a Federal Takeover
In the 1970s, lawsuits were filed against the state of Alabama, the State Department of Corrections, and the governor at the time, George Wallace. Upon further examination of the prisons’ conditions in Alabama, the courts ruled that Alabama prisons were functioning under inhumane conditions and authorized the federal government to step in to address the issues they found in the prisons. There was extreme violence and human rights abuses, and Judge Johnson declared that if Alabama prisons did not comply with his rulings, he would have several of the prisons closed.
Judge Johnson argued that “A state is not at liberty to afford its citizens only those constitutional rights which fit comfortably within its budget.” Judge Johnson provided details on what was expected to change, including improvements in educational opportunities, employment opportunities (with pay), better medical care, sufficient meals, and more space for each imprisoned individual. Governor Wallace, however, denied that there was any problem with Alabama’s prison systems, argued that the involvement of the federal government was an overreach that jeopardized states’ rights, and insisted that this approach by the federal government was disrespectful to the victims of crimes. Unfortunately, Judge Johnson did not see the case to the end; he accepted a higher position, passing on his work to his successor, and in 1988, the federal government ended its oversight of the Alabama prisons.
An unsettling reality becomes clear when comparing the most recent findings and the findings outlined by Judge Johnson – both reports are unnervingly similar, meaning that not much has changed since then. In fact, the issues outlined by Judge Johnson in the 1970s have only exacerbated as the prison population continues to grow, both in Alabama and in America as a whole.
The Racialized Prison System and Its Impacts
The main issue that Hodgin consistently points out in reference to Alabama’s prisons is the overcrowding of prisoners. This issue leads to an entire range of other issues within the prison system, which will be discussed at length in the next blog. For now, the focus is primarily on how this overcrowding issue emerged in the first place.
Richard Nixon introduced his idea to wage a “War on Drugs” during the 1970s, with the intention of imprisonment for addicts rather than medical attention and/or treatment. His war had intended targets from the beginning. In an interview conducted years later, Nixon’s own aide stated that their real targets were the leftists who were against the Vietnam War and African Americans in general, but blatantly targeting them would have been constitutionally impossible. Therefore, the War on Drugs was a way for Nixon’s administration to associate marijuana with the leftist “hippies” and heroine with African Americans to disrupt their communities and arrest their leaders. Even though both the white population and black and brown populations used similar amounts of drugs, black and brown communities were disproportionately targeted and imprisoned. Hence, the unequal War on Drugs was implemented, driving up the number of people incarcerated for nonviolent crimes like possessing marijuana and heroin. This contributed massively to the increase in prison populations nationwide, including in Alabama, and this practice has continued to exist to this day, over fifty years since its implementation.
Additionally, while waging his War on Drugs, Nixon also insisted that we must be “Tough on Crimes” in order to justify his war. This approach called for longer sentencing, (even for nonviolent crimes), harsher punishments, mandatory minimums set for certain crimes, and three-strikes rules, all in an attempt to lower crime rates in the nation. The mandatory minimums set mandatory sentencing years for certain crimes, such as drug possession, giving the judges less flexibility to sentence on a case-by-case basis. The three-strikes law, or the habitual felony offender act, (the one in Alabama was passed in 1977 but other states have similar laws in place), sentenced a person to life in prison without parole after their third offense, whether their offenses are violent or nonviolent. The War on Drugs, the tough-on-crime initiative, and the various sentencing laws that followed this era exacerbated the overcrowding of prison populations, including in Alabama.
Nixon’s successor, Ronald Reagan continued Nixon’s War on Drugs, and his wife, Nancy Reagan, started the DARE campaign to teach students across the nation to “Say No to Drugs.” In an attempt to fearmonger the public to support the war on drugs and the tougher sentencing laws, the media played a big role in framing the issue of crime to be a result of increased drug use, a misleading fact that has yet to be proven. In fact, many studies today show that wherever there are high levels of poverty, there will also be an increase in crime rates.
With all this being said, there has been a growing movement in Alabama from both the Republicans and Democrats, to repeal the Habitual Felony Offender Act, citing the overcrowding issues and sentencing that doesn’t fit the crime. The House Judiciary Committee of Alabama approved this repeal in 2021, and the legislation was set to be voted on by the full House. After much research and various combinations of google searches, I found out that the repeal was halted on April 7th of 2022, labeled “dead/failed/vetoed” on the bill tracker website. While this is not the best news, by spreading more awareness of the impact this single piece of legislation has had on many lives in the state, there is hope that with increased support, it may pass in the future. However, this alone will not be enough to address the issues facing Alabama prisons.
In the upcoming blog, we will focus on the prison conditions, details of the 2017 reports and 2020 reports, how the pandemic has exacerbated these issues, and some ways to move forward. In the meantime, listen to “Deliberate Indifference” by Mary Scott Hodgin, and stay tuned for the next part of this series.
Note from the Author: This blog was written to accompany the Social Justice Café Transitional Justice: Here & Now hosted by the Institute for Human Rights at UAB on Wednesday, November 30th at 4:00pm CST. At this event we will discuss a brief history of Transitional Justice in the United States and hold an open discussion about what it could look like in the home city of the Institute, Birmingham Alabama. You can find out more information and join the virtual event here. In this post, we will explore transitional justice in the United States. We will have another post on the international context of transitional justice.
Transitional justice is a field of international justice that “aims to provide recognition to victims, enhance the trust of individuals in State institutions, reinforce respect for human rights and promote the rule of law, as a step towards reconciliation and the prevention of new violations” (OHCHR). Often referred to as TJ, transitional justice is a system of multiple mechanisms and processes that attempt to create stability and ensure justice and remedies for victims of oppression and human rights transgressions. Some of the most commonly used mechanisms of TJ are truth commissions (TCs), reparations, and trials of perpetrators.
In practice, transitional justice has often been restricted to nations following active conflict or repressive authoritarian regimes, otherwise known as transitional time periods. This traditional understanding of transitional justice is beginning to evolve as stable, established democracies like Canada and South Korea implement TJ mechanisms such as truth commissions and reparations to address and amend state-sponsored abuses of certain groups. As it evolves the international gaze has once again turned to the United States and the uncomfortable discussion about the historical and ongoing oppressions. This article intends to establish the historical basis of transitional justice in the United States and recent developments to encourage a conversation about acknowledgement, fact-finding, reparations, and justice in the land of the free.
Section 1: Historical Examples of Transitional Justice in the United States
With an international spotlight on the Black Lives Matter movement in the United States in 2020 came an increase in conversations about reparations to African Americans for the abuses of slavery, segregation, police brutality, prison labor, exclusion from housing and education and other forms of state-sponsored oppression that have proliferated for centuries. The discussion about the harms the American government has caused to Indigenous tribes, Alaskan Natives and people of Hawai’i, and other marginalized groups has been a matter of public discourse for decades. While the word reparations saturated international media, little attention was given to what reparations would truly look like, could look like, and examples of when the United States have provided reparations before.
While the spotlight of this discussion about reparations is often on monetary forms, such as property, cash or pensions, transitional justice recognizes that reparations can and should come in many different guises in order to provide a more holistic and healing process for victims. Reparations are deeply context-specific, and should be tailored to the needs of the victim, nation, and individual circumstance. However, examples of other forms of reparations and TJ include official acknowledgements and apologies, funding of research to uncover facts and educate the public on the truth, providing education and/or healthcare to victims and their families, and preserving historical sights and monuments. Ultimately, they should be determined by and catered to the people involved.
I have included both a brief infographic timeline and a more detailed look at a few examples of government-led transitional justice mechanisms in the United States below. It is important to note that, as many of these instances occurred prior to our modern definitions of transitional justice and reparations, this timeline encompasses cases of compensation which, under similar circumstances today, would likely be considered reparations, but were not explicitly intended as such at the time. The same goes for fact finding commissions that are analogous modern Truth and Reconciliation Commissions, though they lack that title. I have excluded instances of payments or acknowledgements being issued following a lawsuit through our judicial system, as well as instances of TJ being led by non-governmental entities like community organizations, charities or other non-governmental institutions.
President Lyndon B. Johnson established the National Advisory Commission on Civil Disorders, otherwise known as the Kerner Commission, in 1967. It was established to serve the purpose of a fact-finding mechanism akin to a Truth Commission today. The goal of the commission was to identify the causes of the violent race riots of 1967. While widely ignored, the Kerner Commission found that the root of the unrest were unequal economic opportunities, racism, and police brutality against minority racial groups in America.
Following concentrated efforts from interest groups and international attention, the United States federal government committed to two massive examples of explicit transitional justice mechanisms in the 1980s for Japanese Americans that were interned by Executive Order 9066 during World War II. In 1980 President Jimmy Carter signed the Commission on Wartime Relocation and Internment of Civilians (CWRIC) into law, establishing a clear transitional justice mechanism (truth commission) at the national level. The CWRIC published the full report of their findings in February of 1983, and momentum from the commission persisted with the recommendations which were published in June 1983. The recommendations included an official apology, pardons for those convicted of violations of the executive order or during detainment, and the establishment of a federally funded foundation for research and education on the incident.
Shortly after the results of the CWRIC circulated across the nation, the United States Congress passed the Civil Liberties Act of 1988 which provided all eligible interned individuals with a one time payment of $20,000 in reparations as well as official acknowledgement and apology from the United States. In addition, all individuals who were convicted of disobeying the executive order or violating rules while interned were officially pardoned.
In response to the massive Black Lives Matter protests in 2020, many subnational level truth commissions and reparations programs were initiated, including those in the State of California, Evanston, Illinois, and Asheville, North Carolina. As the national conversation continues, we may see an increase of examples of transitional justice at work in United States communities.
Section 2: You, us, and the future of transitional justice in the United States
Whether in Europe, Africa, the Asia-Pacific, the Middle East, or the Americas, civil society plays a key role in the transitional justice sphere. Civil society actors are civilian organizations which can be activist groups, media, charities, non-profit organizations, educational groups and schools, or just citizens interacting with policy. Most recent transitional justice measures that have been implemented in the past few years in the United States have been on the subnational level. They are occurring as a result of citizens’ calls for action, constant attention on the need for transitional justice, and the everyday acts of discussing transitional justice.
Birmingham, Alabama is a historic city for human rights, civil rights and civic action. Civil society here, in this city, has influenced national change through the Civil Rights Movement as well as citywide changes like the removal of confederate statues in public parks and the preservation of historic sites from the Civil Rights Movement like the Greyhound Bus Station and 16th Street Baptist Church.
The Institute of Human Rights at UAB fosters an educational environment where you can see civil society at work, and hosts Social Justice Cafes on the second Wednesday of every month during the school year at 4:00pm CST. We will be hosting our last Social Justice Café of the semester, Transitional Justice: Here & Nowon Wednesday, November 30th to discuss what transitional justice should look like in American cities like Birmingham. You can find out how to join these open discussions, and become a civil society actor yourself, and attend more free educational events from the Institute of Human Rightshere.
Trigger warnings: rape, invasive medical procedures, and medical malpractice.
Often, the Supreme Court of the United States is seen as a paragon of the American legal system and the national values it strives to uphold. At least, it used to be. While trust in the sanctity of the Supreme Court has recently been broken over controversial political issues, the Supreme Court is no stranger to making unfavorable and borderline unconstitutional rulings in cases brought before the justices at the time. While this is to be expected, with the court switching from conservative to liberal-dominant every so often, some cases seem to concern unalienable human rights that have been denied by the court, as expected of a supposed higher authority that is ultimately, and always will be, a product of its time. In 1927, Carrie Buck learned just how fallible the highest court in the American legal system could be when infiltrated with an ideology eventually perpetuated by the Nazi party during World War I.
The Birth of Eugenics
Surprisingly, and perhaps horrifyingly, eugenics was not the child of oppressive or violent regimes, but the culmination ofcenturies of scientific research and racism woven together and spread through communities worldwide during the early 20th century. Eugenics was a theory created to exterminate certain people who were not considered mentally fit, genetically clean, or conventionally attractive. The ones who decided the people that fit into these categories usually were ones in positions of power or influence in society: doctors, politicians, and scientists. Favored methods for perpetuating eugenics were forced sterilization, societal segregation, and social exclusion, all of which seem to be methods straight out of the time of slavery where eugenicists drew inspiration and justification for eugenics.
In the modern age, there is a laser-like focus on women’s rights to not have a child, and while this pursuit of maintaining women’s rights is justified, for many vulnerable men and women today the fight for the right to have a child is just as in need of attention. An old theory about the superiority of white, able-bodied people may seem like one to be thrown into the history books and mentioned alongside other conventionally shunned snippets of history in the modern discourse, however, eugenics never truly went away.
Eugenics Still Lingers
Overshadowing lives today as a phantom of the eugenics school of thought, a forgotten Supreme Court case in 1927 named Buck v. Bell led to the codification of sterilizing those deemed “feeble-minded” and genetically inferior by people in positions of power into law. Carrie Buck was a woman who resided in a mental institution and became pregnant after being raped, resulting in staff at the asylum taking acute notice of Buck. Doctors and directors at the asylum were firmly entrenched in the eugenics culture sweeping across America and firmly believed Buck should not be allowed to carry to term. These men took the stand that Buck should be forcibly sterilized to prevent her genes from being passed on, and the Supreme Court was in full agreement, with the justification for the ruling against Buck being that she had a history of mental illness back to one of her grandmothers and being sterilized would protect the goodness of society by keeping “feeble-minded” and “promiscuous” people from reproducing.
Not only is Buck v. Bell an appalling ruling that trod on the constitutional rights of Buck, but it also opened the door for forced sterilization procedures to continue without secrecy and, chillingly, has never been overturned. An old legal case from the 1920s may seem like something to be stored away in textbooks and forgotten, yet, eugenics practices in the form of forced sterilizations are happening today
In California between 2006 and 2010, almost 150 women in two different prisons were given hysterectomies without their consent or legal documentation authorized by the state, with 100 suspected cases of sterilization dating back to 1997 uncovered as well. Furthermore, in 2017 a Tennessee judge offered to reduce prison sentences by 30 days for any inmate who signed up to receive a birth control implant or a vasectomy. The latest case of eugenics rearing its head in American practices was in 2020 when it was revealed that hysterectomies were being performed illegally on women in the U.S. Immigration and Customs Enforcement (ICE) detention centers. These cases are not the only ones concerning the continued use of forced sterilizations to prevent incarcerated or institutionalized individuals from having the right to choose to have a child, with many more subject to the archaic practice who have yet to have their story told. These practices are considered morally reprehensible by the general public but can trace their roots to eugenic procedures approved by the Supreme Court in a case that was challenged but never overturned, and some laws approving the use of sterilizations are still in existence in states such as Virginia.
What Can Be Done
Fighting a system that has failed a large portion of the American population, and pushing for a Supreme Court ruling to be overturned when the nation’s political climate seems fit to burst with elections on the horizon can seem incredibly intimidating. These thoughts are not unfounded, but what government bodies forget is that their power comes from their people and constituents. Harmful practices can be challenged with public favor and fervor. Staying informed on what influences modern atrocities like Buck v. Bell and knowing that the majority of the population supports upholding the 14th Amendment protecting civil liberties keeps people motivated to improve the lives of their fellow Americans. Leaving Buck v. Bell as a precedent in U.S. law allows for unprotected groups of individuals who are incarcerated or institutionalized to be at heightened risk of human rights abuse, and while forced sterilization is morally reprehensible, the law does not currently outline sterilization as illegal since the Supreme Court ruling remains standing. Reaching out to local or state politicians is an option for those who want to appeal hurtful laws, and a less intimidating option is to join advocacy groups whose views align with your own.
For more information on another situation involving eugenic practices ruining the lives of nonincarcerated individuals, the case of a fertility doctor who artificially inseminated dozens of his clients with his sperm and remains free from jail can be found here.
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