Trayvon Martin and the Myth of the ‘Criminalblackman’

WE ARE TRAYVON: Thousands of protesters demanded justice for Trayvon Martin during the Million Hoodie March on March 21 in New York's Union Square. (Photo: Christopher Sadowski/Newscom)

The Trayvon Martin tragedy is perhaps the most-talked-about news story of this past week, yet a casual scan of Facebook pages and other social media suggests the outrage over Martin’s death does not extend that far beyond the African American community. That’s unfortunate, because this is a story that should upset all Americans, regardless of race, especially those of us in the Christian community.

Trayvon, an African American teenager, was walking down a Central Florida sidewalk when he was targeted by an overzealous neighborhood watch captain named George Zimmerman. Some sort of confrontation ensued and Trayvon, who was unarmed, was slain by Zimmerman, who claims he shot the 17-year-old in self-defense. The shooting has raised enough suspicions about the incident being racially motivated that the FBI and the U.S. Justice Department have opened investigations.

Trayvon’s father, Tracy Martin, told CNN, “I think that’s an issue that Mr. Zimmerman himself considers as someone suspicious — a black kid with a hoodie on, jeans, tennis shoes. Thousands of people wear that outfit every day, so what was so suspicious about Trayvon that Zimmerman felt as though he had to confront him?”

The charge brought to mind a recent college class I taught in which I was interrupted in the middle of my lecture by a student who challenged a fact I had just presented about the frequency of highway drug arrests. “I don’t believe it,” he stated. “I was in a car that was stopped once by the cops and we weren’t arrested even though they found marijuana.”

“Where were you, how many of you were in the car,” I asked, “and what races?”

The answer was that he and the four male teens were in a rural area of Ohio not far from their homes, and they were all white.

“So do you think your race and location had anything to do with not being arrested?” I asked. He didn’t.

I knew then I needed a set of facts to convey the reality that he and the other all-white class of students in my college course weren’t able to see — precisely because they were white and had never been viewed suspiciously in their hometowns because of the color of their skin. Michelle Alexander’s much-discussed book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness, provided those facts.

22 Facts That Challenge Perceptions

As we worked through Michelle Alexander’s book over the course of the next couple of weeks, my students began to rethink their assumptions about how post-racial we as a society really are, even in an era of civil rights and a black president. This happened as they began to understand the reality of what Alexander, an Ohio State University law professor, coins the “criminalblackman.” In condensed form, here are the 22 statistics from her book that — cumulatively grasped — served as the scalpel for removing the colorblind scales from my white students’ eyes:

 To return to 1970 incarceration rates today, we would need to release 4 of every 5 inmates. (p. 218)

Federal law requires that states permanently exclude anyone with a drug-related felony from receiving federally funded public assistance. (p. 153)

Inmates work in prison for less than minimum wage, often for $3.00 an hour but as low as 25 cents an hour, even though child alimony and other payments continue to accrue. (p. 152)

In the last 25 years, multiple fees have been added for those awaiting trial. These include jail book-in fees, jail per diems to cover “room and board” while awaiting trial, public defender application fees, and bail investigation fees. (p. 150)

Post-conviction fees include public defender recoupment fees, work-release program fees, parole fees, probation fees. Example: Ohio courts can order probationers to pay a $50 monthly supervision fees as a condition of probation. (p. 150)

Four of five drug arrests are for possession, not sales, of drugs. (p. 59)

More than 31 million people have been arrested for drug offenses since the drug war began. (p. 59)

There were 3,000 SWAT deployments a year in the early 1980s, but 30,000 by 2001. Driven by federal grants based on arrests, special tactic teams often act in military fashion as they “blast into people’s homes, typically in the middle of the night, throwing grenades, shouting, and pointing guns and rifles at anyone inside, often including young children.” (p. 74)

Forfeiture laws (which allow local police departments to keep a substantial portion of seized assets and cash) are frequently used to allow those with assets to buy their freedom, resulting in most major kingpins getting short sentences or no sentences while small-time dealers or users incur long sentences. (p. 78)

Tens of thousands of poor go to jail each year without ever having talked to a lawyer. In Wisconsin, 11,000 indigent people go to court without legal representation since anyone who earns more than $3,000 a year is considered capable of hiring a lawyer. (p. 83)

Prosecutors routinely “load up” defendants with extra and questionable charges to force them to plead guilty rather than risk longer prison sentences resulting from the trumped up charges. (p. 86)

Some federal judges have quit in protest over minimum sentencing laws, including one conservative judge who quit after being forced by minimum sentencing requirements to impose a five-year sentence on a mother in Washington, D.C., convicted of “possession” of crack found by police in a box her son had hidden in her attic. (p. 91)

Most people convicted of a felony are not sentenced to prison. In 2008, 2.3 million people were in prisons and jails, but another 5.1 million were under probation or on parole. (p. 92)

Even those convicted of a felony for a small amount of drugs are barred from public housing by law and made ineligible for feed stamps.  (p. 92)

By 2000, about as many people were returned to prison for parole violations as were admitted to prison in 1980 for all reasons. One can be returned to prison for any number of parole violations, including being found in the presence of another convicted felon. (p. 93)

“Although the majority of illegal drug users and dealers nationwide are white, three-fourths of all people imprisoned for drug offenses have been black or Latino.” (p. 97)

White young people have three times the number of drug-related emergency room visits as do black youth. (p. 97)

In 2006, 1 of every 14 African Americans was behind bars, compared to 1 of every 106 European Americans. (p. 98)

A study of Maryland highway stops found that only 17 percent of drivers along a stretch of I-95 outside of Baltimore were black, but black people comprised 70 percent of those stopped and searched for drugs. This was the case even though the study found that whites who were stopped were more likely to be found actually carrying contraband in their vehicles than people of color. (p. 131)

States typically have mandatory sentencing for drunk driving (a statistically “white” crime with 78 percent of arrests being white males) of two days in jail for a first offense and two to ten days for a second offense, but the “black” crime of possessing even tiny amounts of cocaine carries a mandatory minimum sentence of five years in federal prison. (p. 201)

White ex-offenders may actually have an easier time gaining employment than African Americans without a criminal record. “To be a black man is to be thought of as a criminal, and to be a black criminal is to be despicable — a social pariah. To be a white criminal is not easy, by any means, but as a white criminal you are not a racial outcast, though you may face many forms of social and economic exclusion. Whiteness mitigates crime, whereas blackness defines the criminal.” (p. 193)

The one statistic, however, that finally broke through the rural white Midwestern defenses was this one: “Studies show that people of all colors use and sell illegal drugs at remarkably similar rates. If there are significant differences in the surveys to be found, they frequently suggest that whites, particularly white youth, are more likely to engage in drug crime than people of color” (p. 7).

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