6/27/2023 A NEW PARADIGM DEMARRIS EVANS FOR PUBLIC SAFETY SENORASSSTANT SHIT RESTORATIVE JUSTICE ‘ALAMEDA COUNTY RACIAL JUSTICE ACT TRAINING 1 INTRODUCTION {© Talking about race in mixed racial settings is uncomfortable. ‘There isa cost to all groups for ignoring race. Intellect, talent & skill are not determined by race; it is not a human biological distinction. © Dominant group members are advantaged when they may not deserve it. © Subjugated group members are excluded who may be best qualified Result: the potential of entire population is not maximized at time when its needed the most. Cast, by Isabel Wilkerson © False racial dichotomy is unnecessarily reductive. 2Set on ete es THE es s CARCERAL Sr See ane) STATE oh GREW OUT SLAVERY. 6/27/2023 ‘After the 13th Amendment, black codes (replacing seve codes) criminalized almost every form of African American ‘freedom: mobility, political power. and economic power. Black people were denied equal politcal rights, including the right to vote, the right to attend pubic schools, equal housing, and the basic right to equal CRIMINALIZATION treatment under thew OF BLACKNESS | Slave codes:Restitons included prohibidng enslaved people from voting (although North Carolina had allowed this before 1831), bearing | arms, gathering in groups for worship, ane Jeoring to ‘ead and write. The purpose of these laws was to | preserve subjugation in slave societies.6/27/2023 Bones Rae oa acing Da ucu Cee et )aal c come CONVICT LEASING convict leasing were Black. P Naan pe mole eu oleae Mico) Br edetesnaGceeectal cy Recetas eect cue “ARGUABLY THE MOST IMPORTANT PARALLEL BETWEEN MASS INCARCERATION [AND JIM CROW ISTHAT BOTH HAVE SERVED TO DEFINE THE MEANING AND SIGNIFICANCE OF RACE INAMERICA. INDEED.A PRIMARY FUNCTION OF ANY RACIAL CASTE SYSTEM ISTO DEFINETHE MEANING OF RACE IN ITS TIME.SLAVERY [DEFINED WHAT IT MEANTTO BE BLACK (A SLAVE), AND JIM CROW DEFINED WHAT IT MEANT TO BE BLACK (A SECOND.CLASS CITIZEN). TODAY MASS INCARCERATION DEFINES THE MEANING OF BLACKNESS IN AMERICA: BLACK PEOPLE, ESPECIALLY BLACK MEN, ARE CRIMINALS, THAT IS WHAT IT MEANS TO BE BLACK” (MICHELLE ALEXANDER, THE NEW JIM CROW: MASS INCARCERATION IN THE AGE ‘OF COLORBLINDNESS6/27/2023 DANIELLE SERED, “At the heart of that narrative is the story of UNTIL WE an imagined monster who is not quite human RECKON like the rest of us, who is capable of extraordinary harm and incapable of empathy, who inflicts great pain, a monster we and our. children have to be protected from at any price. This is not a new story. And it is not a race- neutral story.To the contrary: it has long been a story white people have told about black people.” THE MYTH OF BLACK MALE CRIMINALITY Birth ofa Nation (1915) + The*war ondrs" (1971) + Wie Horan (1988) + "Super predatorICenral Pak Five (1969) ‘Americans can toarte mate incarceration teat chapen tothe edule by thir arate 86/27/2023 BLACK MEN 6. 5% OF U.S. POPULATION BLACK MEN OF PRISON POPULATION6/27/2023 ‘TETIME LIKELIHOOD OF IMPRISONMENT WHITE MEN ANAAARERARAA A) 4INT? LIFETIME LIKELIHOOD OF IMPRISONMENT BLACK MEN6/27/2023 ! _ The US has 5% of the world’s | US population and nearly 25% of 7= PRISON its incarcerated people. vu POPULATION 4 | 1M sO \ i 7 | ' 05M + | ‘ } | | , 4 “SCS as ry ms 08 m8 a | 13 & i & i ° GIR BT FE U8. incarceration rate peaked in 2008. Prisoners per 100,000 poputation 5128)6/27/2023 KENOSHA SHERIFF IN 2018 = open nal atest hem from atl some of hese aes ing ou and tire ther wore pregant ans hag Sia cre ets patos some put we ve ‘op beng pola cote tereisa tesla hey Gon thee people hae to be warehouse, no rerestora ee, ‘nthe le we pt hm away or he rest of eso tthe ‘etefarcar sb * thie sue wih hese ve people comple diapering st [i] pote these peop are no lnger an aseto ou" ani they ned topper” + ale dace con 40 Bho 0141191575202 Racial Disparities in Incarceration ‘sk rope ae tte moran thn we pares ery sae a heii ep pen Aaa ra pope ‘olrwand Blk propa fartear~ar incest gy rt a whe pln is ne asthe eo The bar pho sh the rapcion epen inal wh se omc cil rp pt hat esha ah ra eset pops. Misctetpin mas tin nto Matti Bate Been Bie Aston AneomsPacils..elAeonAneeen Lats sr Amaton ie ix = = oa im = ms mx low = 166/27/2023 ‘The UCLA Special Circumstance Conviction Project has collected comprehensive sentencing records from California county district attomey's offices, courts, and the California Department of Corrections and Rehabilitation and has ‘tracked and analyzed historical trends in this data regarding the life without the possibilty of parole sentence. '© After conducting a preliminary analysts of Alameda county data, the following findings make evident the need ‘to evaluate the usage of the penal code overall: - 70.7% of individuals sentenced to Life Without Parole (WOP) from Alameda County are black. Black people make up only 9.9% of Alamedsa’s population. Black individuals make up 34.7% of the entire LWOP population in California - 7.33% of individuals sentenced to LWOP from Aiameda County are white. ‘White people account for 37.9% of the county’s overall population. -72.3% of individuals from Alameda were youth atthe time of their offense (under the age of 26). - Of the individuals from Alameda who were under the age of 21 atthe time of their offense, 82.35% are black ightly behind state average). Thicaco mets jountats Cte ane are VOL I. isnconmfemunsavelenera fs Seataciut nent sourevec tre BecaNATENS HINGIS roLeN On ANE TONING POUCA” bs 1 ame a —)6/27/2023 GUN AND NON-GUN HOMICIDE RATES BY COUNTRY PER 100,000 PEOPLE 1| ein Mami an Te | ‘Nor Son one ft (ota) | 19 CENTRAL DRIVERS OF VIOLENCE The core national violence prevention strategy “One thing is certain relies on a tool that has as its basis the central about the problem of drivers of violence. violence: we will never © Poverty drives violence solve it through © Lack of opportunity drives violence. ineacer en? © Shame and isolation drive violence. © Violence itself drives violence. - Danielle Sered in = =—t—i 20 106/27/2023 CENTRAL DRIVERS OF VIOLENCE ARE ALSO THE CORE FEATURES OF IMPRISONMENT ‘+ On the individual level, violence is driven by: + Shame "Incarceration isa shaming experience from the loss of ‘gency tothe notion that incarcerated people ae “bod” ond mse separated fom te ener ob + Isolation = Incarceration seporctes peopl from thelr communes physical ond emotionally + Exposure to violence: Incarcerated people ore Hey to endure volence, including sexual volence, experience enormous mental ddztress ond endure serious lesting tourna + An inability to meet one’s economic needs * Incarceration interrupts people's education, rendering ‘many homeless upon return from prison; mits tele ‘rospecs for employment and Bing woge 21 STATE SANCTIONED VIOLENCE + Savery + Whipping prope with ater spe ted with mais tanging people by thie writs for days whde repeatedly beatng hem unconscious: raping people wih wooden ples and broken glass aveaig men ut of people's gers ‘or hands; burning people to che brink of death and then reviang tem ony to hur them frter and more, + Promised the same t your chron and thee ele al ‘he versions of ou tht wil ever be" Dr. Anna Orta: Willams iionary soil work) + Jn Crow + Mora thn 4075 documented nchngs of Aean Americas 00k place becwsen 1877 and 1950, concentrated in [2 Souehern sae. + Law enforcement exces force + 12019 fa shoosngs increased to 1.004. Thereof a polee shoosngs among Black Americans was much higher ‘han tat for anyother exh. 22 16/27/2023 AMERICAN punishment in the US; RECKONING Se + Acommitment to accountability for violence in ‘a way that is more meaningful and effective than incarceration; + Engage in an honest reckoning with the current. ‘and historic role race has played in the use of + Change the socioeconomici/structural ‘conditions that make violence/harm likely in the first place. 2B RACIAL JUSTICE ACT (© AB 2542 would eseabish the Calfornla Racial ustce Ac (Act) which would prob the state from seeking or obtaining 8 ‘criminal conviction, or from imposing 2 sentence, based upon race, ehnicity or national orig. © Specialy the Ace would make ie possible fora person charged or coaviced af ere to challenge racial bias in their case, ‘upon a pri facie showing, and through evidence of |) Bead acl is bya chy sw eforcemer cer expert wines. or ror inline 2) Ue of racy Serminatoryangge dng the wa wheter oF ot prs raced dled. 2) Rac Hat ural, ha reroll pope of color rm they. 4) Sasa pares in argh ant conicons = hats een ta poop of one ce are daproperdomy charged or cared of specie erna or erhnceere 5) Staal pares in etncng— thats ene a peop of oe race eee longer oF move sever sentences ning the eth aly oF Me wut arte 24 126/27/2023 ANTIOCH POLICE DEPT. RACIST TEXT MESSAGES + Theexemesags contnucutly refer to Black people as "goris” nd "monkeys" and offers repented exc phos of gras 0 +A serazant Josh Ean. ontdin reference tothe sre ofs Blick suspect." bry that NPB my Sls” + Four minutes ter he texted gun "And yes. twat a hard Ron proce: + "tm eny topping them cu they lack’ petra. org202304771713957Safoni-pokeseandact texte Thee X20Caor Ope oie saOhee These estOncetronsttoneSande IO rr 2FNPR [iro 20 nD eC Dena Daa ‘na200yk20Anoh sha poles drarent05 2 oy 25 RE- ALLOCATION OF RESOURCES + Policies that DIVEST from social services for communities of color and INVEST in prison industrial complex nurture violence in communities by exacerbating the very things tha foster it: + Povertyilack of employment opportunities + Inseabiliey + Substandard education + Inadequate housinglredlining + Lack of affordableffree healthcare + The only other industry with more publicinvestment than law enforcement/prisons isthe military. 26 136/27/2023 cy cena Poke Den emnat oii Reet] nes we will ne eau a ae r of pe iran RESTORATIVE JUSTICE APPROACH eee here i + Survivorccentered (making space for ae as) pee ree er Se pone a eee reparative) ane Es 7 RESTORATIVE JUSTICE Retribueive justice Restorative Justice "© Whatruleflaw was broken? | Whae harm was done? Whois to bie? © What are the needs of those ‘© What punishmenc is deserved? Involved? “+ How can harm be repaired? Restorative justice also asks: "© Who has a stake in this situation? ‘Whavare the causes? 28 "© Whatisthe appropriate process to Invlve stakeholders in an effort to make ting right and address underving causes? 146/27/2023 RESTORATIVE COMMUNITY CONFERENCING (RCC) 29 THE PROMISE AND CHALLENGE OF RESTORATIVE JUSTICE FORVICTIMS WE ARE WORKING TOWARD APPROPRIATE VICTIM. INVOLVEMENT IN RESTORATIVE JUSTICE PROGRAMS WHEN THE FOLLOWING CONDITIONS ARE MET: 30 156/27/2023 VICTIMS AND VICTIM ADVOCATES ARE REPRESENTED ON GOVERNING BODIES AND INITIAL PLANNING COMMITTEES. + Victims and their advocates are unusually suited to offer the subtleties of program design that ensure safe and welcoming messages to injured survivors of crime, * When they are included in the process of developing and managing programs, their presence highlights the programs commitment to crime victims and the sensitivities that need to be addressed so as not to revictimize, 3 EFFORTS TO INVOLVE + Victims are not responsible to rehabilitate or assist VICTIMS GROW fenders nes they chet do OUT OFA + “The concem or fcr I inporare oe DESI RE TO must ers se a eee rey Be co deal wah oferders Tha shoud no be al THEM, aoc eee OFFENDERS. 2 166/27/2023 VICTIM'S SAFETY ISA FUNDAMENTAL ELEMENT OF PROGRAM DESIGN. + Whether working with crime victims in the immediate aftermath of an incident, or years later, all interventions must first and foremost recognize the victim's safety and security needs, both physical and emotional, as articulated by them. * Victims must be free to express their natural human responses to the crime, including anger, rage,and need for vengeance without judgment and with understanding of their pain. 33 ae + Victims muse be prepared for partiepabng the rogram jiving them as much inforr UNDERSTAND able hae tor ok THEIR ROLES IN ‘expect and the known risks and benefits to THE PROGRAM, themselves and to offenders. INCLUDING + Vids dou be eon POTENTIAL RISKS ‘offender through the program. AND BENEFITS. x 76/27/2023 CONFIDENTIALITY A victim's right to privacy must always be protected. + Victims should choose when, what, and how IS PROVIDED information is disclosed about them and thelr WITHIN CLEAR ‘emperience. GUIDELINES. +. They.shoubd also be informed of Vira Rae mepbdenr repens enka ena roe 35 VICTIMS ARE GIVEN AS MUCH SD Vetine ney ey eee f INFORMATION cosa dlogve wt a oon a AS POSSIBLE ‘other reasons why its inappropriate or BEARER froriakal ord vcin Scheie CASE, TH! E + Still victims usually want information about the OFFENSE AND ‘offender, and that can and should be addressed. THE OFFENDER. 36 186/27/2023 VICTIMS CAN IDENTIFY AND + The opportunity to identify their own needs and ARTI ICULATE a choices about how they are addressed can ip to re-empower vitims. THEIR NEEDS * Victims should be the gatekeepers as to whether AND SHOULD and when a direct encounter with their offender BE GIVEN ee CHOICES. 37 VICTIMS’ OPPORTUNITIES + Since a core element of vetim trauma is FOR disempowerment, Restorative Justice programs INVOLVEMENT fa vente be noned a SHOULD BE the program as a whole. MAXIMIZED 38 196/27/2023 PROGRAM DESIGN PROVIDES REFERRALS FOR ADDITIONAL SUPPORT AND ASSISTANCE. ‘+ Crime victims may have additional needs that ‘cannot be met by the program. + Programs ought to be familiar with additional ‘community services for victims and routinely make those referrals. + Wrap around services for victims is ideal. 39 SERVICES SHOULD BE AVAILABLE FOR : VICTIMS EVEN ” gerneed ae te arag ia Pr aURSENEN re che ore oe armen we cannot py cet sr ee OFFENDER HAS tn offender erie! mer aaa NOT BEEN + To the extent possible, we must provide services ARRESTED OR ARE cooeee ean oe area UNABLETO * PARTICIPATE. 40 206/27/2023 THANK YOU © Questions/comments 21