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The Criminal Punishment System: A Product of Systemic Racism

For people of color there is no “justice” in the criminal justice system, only punishment…unless we begin to speak up en masse!

Khalil A Cumberbatch

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The Criminal Punishment System: A Product of Systemic Racism
Photo Courtesy Equal Justice Initiative

It took me a lot longer than I would like to admit to calm down enough to write this post. My emotions ranged from anger, sadness, anxiety and, ultimately, clairvoyance.

Just to be clear, I was not surprised in the least bit by the grand jury’s decision in Eric Garner’s murder. I was not surprised by the murder of Tamir RiceAkai Gurley…and quite honestly I will not be surprised when the next black or brown man, woman, boy or girl is killed by law enforcement.

What I am angry about is the fact that many people continue to believe if there was an indictment this would in some way validate the criminal justice system, despite its historic lopsided distribution of justice.

The sanctioned death of Eric Garner is a clear sign there are unaddressed systemic racist issues that if left ineffectively and non-extensively unaddressed on an ongoing basis there will continue to be men and women of color who will be brutalized and killed by law enforcement. That is the hard-hitting truth, but nevertheless, it is truth.

The Criminal Punishment System

The U.S.’s history of exploiting and throwing away of persons with colored skin has and continues to haunt us in circumstances like Eric Garner. The viciousness employed by NYPD Officer Daniel Pantaleo comes from sanctioned encouragement of violence towards people of color.

This is not unique to the NYPD, Ferguson, LAPD, Houston, etc. Police brutality and murder is a reflection of this country’s history of genocide of the indigenous people, chattel slavery, segregation, a felonious “War on Drugs”, and an all-out assault on people of color dating back to its forefathers.

For those who say that law enforcement in general is too violent, I present to you, as Malik el-Hajj Shabazz a.k.a. Malcolm X stated, the clean glass of water to examine.

The police capture of suspected white serial killers Jared Loughner, James Holmes, Israel Keyes, and many others, proves that law enforcement has the ability to practice restraint even when dealing with suspected, and in some cases confirmed violent suspects.

However, when it comes to people of color that restraint is ingrained historically, not police departmentally, to be non-existent.

 

The violence perpetrated against people of color stems from the belief that people of color are inherently violent and, therefore, preemptive violence is warranted.

A recent study published by the Journal of Personality and Social Psychology, tested and proved, among other disturbing facts, that Black boys are seen as less “childlike” than their White peers, more responsible for their actions and therefore are more appropriate targets for police violence.

A fact manifested in the heavily publicized deaths of Trayvon Martin and Ramarley Graham both of whom were unarmed when engaged in what ultimately led to be their deaths.

 

Therefore, even if Darren Wilson and Daniel Pantaleo were indicted, what does that mean? For sure, it does not mean that the culture in law enforcement has changed. What if NYPD officers start wearing body cameras? That does not mean the culture of discrimination within the NYPD will change. And it does not mean that the criminal justice system is less racist than it was previous to the deaths of Mike Brown and Eric Garner. This is the reality:

 

According to a NAACP Criminal Justice Fact Sheet:

  • African Americans now constitute nearly 1 million of the total 2.3 million incarcerated population
  • African Americans are incarcerated at nearly six times the rate of whites
  • Together, African American and Hispanics comprised 58% of all prisoners in 2008, even though African Americans and Hispanics make up approximately one quarter of the US population
  • 1 in 100 African American women are in prison
  • 5 times as many Whites are using drugs as African Americans, yet African Americans are sent to prison for drug offenses at 10 times the rate of Whites
  • African Americans serve virtually as much time in prison for a drug offense (58.7 months) as whites do for a violent offense (61.7 months). (Sentencing Project)

The criminal justice system and by extension the police department are both existing by their culture and norms. The belief that people of color are dangerous, criminal and bad is what has caused us to have to mourn the deaths of so many young black men and women of color.

Until we all realize that one or one-hundred indictments would not make a difference, that body cameras are not the answer and that there are racist origins that are intertwined with the execution of “justice” from an unjust system, then we still have a mountain to cross.

 


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Crime & Justice

Paramedic involved in Elijah McClain’s death sentenced to probation, work release and community service

Jeremy Cooper, a former paramedic who injected Elijah McClain with a fatal dose of ketamine, has been sentenced to probation and community service.

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Jeremy Cooper paramedic and Elijah McClain
Elijah McClain and Jeremy Cooper (CBS News)

Jeremy Cooper, a former paramedic who injected Elijah McClain with a fatal dose of ketamine, has been sentenced to probation and community service.

Paramedic Jeremy Cooper sentenced

He had faced up to three years in prison but was sentenced to four years probation, 14 months of work release and 100 hours of community service.

Cooper and another paramedic, Peter Cichuniec, were found guilty of criminally negligent homicide in December in the death of McClain, 23, who was subdued by police and injected with ketamine on August 24, 2019.

Both paramedics had pleaded not guilty to the felony charges. Cichuniec was sentenced in March to five years in prison, the minimum.

Police stop turns fatal

McClain was walking home in August 2019 when the 23-year-old Black man was confronted by police officers who forcibly restrained him. When Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec arrived, they injected him with ketamine.

He went into cardiac arrest in an ambulance a few minutes later and died three days after that.

The McClain family sued the city of Aurora for Elijah’s wrongful death and received a $15 million settlement.


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Crime & Justice

Honor student killed by stray bullet while visiting Delaware State University

A shooting at Delaware State University has claimed the life of 18-year-old honor student Camay Mitchell De Silva.

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Camay Mitchell De Silva
Camay Mitchell De Silva

Camay Mitchell De Silva, of Wilmington, Delaware, was shot and killed Sunday, on the Delaware State University campus.

The 18-year-old was visiting her best friend, a Delaware State student, when the tragic shooting occurred.

She was an honor student

De Silva was a 2023 graduate of Concord High School who graduated with a 3.0. She spent her first semester of college at Morgan State University in Baltimore but decided she wanted to come home to Delaware.

She then attended Delaware Technical Community College and planned to attend DSU in the fall to pursue a degree in Computer Science, with the goal of working in cybersecurity.

De Silva often hung out on campus with her best friend to get comfortable before attending DSU.

Delaware State shooting

The family said De Silva was visiting that friend at DSU on Saturday, April 20, and attended a party on campus that night. Around 1:40 a.m. on April 21, DSU Police received a report of shots fired on campus. The responding officers found De Silva in a residence hall suffering from a gunshot wound to her upper body. The officers administered aid and then took her to a nearby hospital where she later succumbed to her injuries.

Police say De Silva was not the intended target. Dover Police Department Chief Thomas Johnson Jr. told NBC10 there was a dispute that she was not involved in and she was hit by a stray bullet.

The suspects were seen fleeing the area and no arrests have been made, said authorities.

Dover Police released a statement from De Silva’s family requesting time to grieve and to plan for her celebration of life.

De Silva and Mitchell family statement

Photo Source: Dover Police Department Facebook)

They also said they pray for and support the DSU community, law enforcement and the local community as they are “forced to manage this tragedy.”

Delaware State shooting investigation

Dover Police are still pursuing leads in the fatal shooting of Camay Mitchell De Silva.

Anyone with information is asked to contact detectives at 302-736-7130 or reach out to Delaware Crime Stoppers at 800-TIP-3333.


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Crime & Justice

Exonerated man on a mission to rebuild his life

C.J. Rice, a man who served more than 12 years behind bars for an attempted murder he was falsely convicted of, was officially exonerated on March 18, 2024. He is now on a mission to rebuild his life.

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CJ Rice Charles CJ Rice Exonerated
Charles "CJ" Rice (Photo Source: CNN)

Charles “CJ” Rice was just 17 years old when he was convicted of a crime he did not commit.

CJ Rice Exonerated

Now 30 year old Rice is using the injustice of the last 13 years to galvanize the life he almost spent behind bars after being exonerated and declared legally innocent of the crime he was convicted of in 2013 on March 18, 2024.

According to the GoFundMe, CJ wants to “embrace this opportunity” and become a paralegal.

With the help of Dream.org, the GoFundMe aims to help CJ start a new life with everything from a place to stay to clothes to wear as he builds a new future.

The CJ Rice case

CJ Rice, formally known Charles J. Rice, was convicted in a September 2011 shooting for attempted murder and sentenced to 30-60 years behind bars in 2013.

According to the Pennsylvania Innocence Project, the South Philadelphia shooting left a woman identified as Latrice Johnson, a 6-year-old girl and two others injured.

Johnson called 911 after the shooting and described the suspects as two men running away in hoodies and black sweatpants but couldn’t fully identify them.

Through an initial investigation with victims in the hospital, Rice’s co-defendant, Tyler Linder, was identified as one of the shooters. Detectives interviewed Johnson while she was in the hospital and she identified 17-year-old Rice as one of the shooters running away although she hadn’t seen the teen in a few years. Rice had been friends with Johnson’s son when he was younger, according to the Pennsylvania Innocence Project.

In her description, Johnson said Rice was wearing a hoodie and claimed that she was able to see his full face and long braids poking out the side of the hood. However, Rice’s arrest photo depicted him with shorter cornrows flushed against his head. Despite this, a case against Rice and Linder was built.

According to the Pennsylvania Innocence Project, among the evidence was a theory that the shooting was retaliatory, which wasn’t proven. That’s because Rice was shot and injured a few days prior. It’s alleged the suspects ran from the scene, and Rice’s counsel never used his medical records as evidence to help Rice’s case.

Rice’s case received national attention after CNN anchor Jake Tapper began reporting on it. His father, Dr. Theodore Tapper, is Rice’s former doctor and treated his injuries.

Although it was alleged that the shooters ran from the 2011 crime scene, this is something that Dr. Tapper believed Rice just physically couldn’t do at the time.

Officials believed the 2011 shooting involved gang affiliations, leading the DA’s Gun Violence Task Force to begin their investigation to see whether or not Rice could be re-tried for the shooting or to dismiss the charges in full.

This suggestion of motive and the sole faulty eyewitness identification of CJ led to his conviction on four counts for attempted murder.

A free man

Rice’s defense counsel filed a habeas petition to get CJ out of prison and have his conviction overturned.

On March 18, 2024, the Philadelphia County Court of Common Pleas granted the Commonwealth’s motion to dismiss all charges against Rice, officially making CJ a free man.

Read C.J. Rice’s story


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