H I N D S I G H T   C O N S U L T I N G   G R O U P

Society, Justice, and Black Men

Exploring the unique experience of a vilified population

• To focus on one racial and gender group’s experience is uncomfortable. It is also necessary. If we do not honor and bear witness to the inherent challenges forced upon Black men in our country we not only will fail to address it, but our inaction and ignorance will contribute to further perpetration.

**WEIRD AND NECESSARY**

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• As we discuss some unconscionable realities around the experience of a marginalized, mistreated, and under-supported segment of our society- there will be pain.

• Whether it is because we see ourselves, we see those we love, or we feel powerless or responsible, I invite self-protection.

**TRIGGER WARNING**

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• To provide a safe space for us to consider and better understand the challenges facing Black Men in America in relationship to societal pressures, our justice system, and lived experience.

• To highlight how these truths can affect the MENTORING and Mitigation processes.

• To offer suggestions and strategies to bridge the divide.

LEARNING OBJECTIVES

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H I N D S I G H T   C O N S U L T I N G   G R O U P

Society and Black Men

Exploring the unique experience of a vilified population

• Bias• School to Prison Pipeline• Fear• Earning/Opportunity Discrepancies

• Income• Esteem

• Poverty/Segregation/Disenfranchisement• Aftermath of Marginalization

• General Gender Expectation• Intersection of Race, Gender and Carceral

History

SOCIETAL THREATS AFFECTING BLACK MEN

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• Prejudice in favor of or against one thing, person, or group compared with another, usually considered to be unfair -Oxford Dictionary

• An inclination of temperament or outlook; especially: a personal and sometimes unreasoned judgement: prejudice. Merriam-Webster Dictionary

BIAS

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• NPR: Bias is not just a police problem, it is a pre-school problem . . .

• http://www.npr.org/sections/ed/2016/09/28/495488716/bias-isnt-just-a-police-problem-its-a-preschool-problem

BIAS FROM THE START

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• Increased police presence in schools (partially motivated by the mass shootings that happened in white schools) and the adoption of the Zero Tolerance stance disproportionately impacts Black and Brown Youth

• There is a 70% chance that a Black man w/o a high school diploma will be imprisoned by age 35 (Kearney et al., 2014).

• Once arrested• Funding for incarceration has increased by

127% between 1987-2000 while funding for education (Higher Ed) has increased by 21%-(Pew Center on the States)

“SCHOOL TO PRISON PIPELINE”

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• Increased police presence in schools (partially motivated by the mass shootings that happened in white schools) and the adoption of the Zero Tolerance stance disproportionately impacts Black and Brown Youth

• There is a 70% chance that a Black man w/o a high school diploma will be imprisoned by age 35 (Kearney et al., 2014).

• Once arrested• Funding for incarceration has increased by

127% between 1987-2000 while funding for education (Higher Ed) has increased by 21%-Pew Center on the States

IMPACT OF POLICE PRESENCE IN SCHOOLS

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RACE COMPARISON

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• Whether legitimate or unjustified, fear results in more suspicion, harsher punishments, and condemnation

• This imposes on basic rights, and interferes with how we meter out justice

• Fear creates ghettos, red-lining, unequal systems and sense of “worthy vs unworthy”

• Fear changes the definition of “Citizen” • In groups vs out groups

FEAR

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• With fear and bias at play, poor black people are at the “bottom of the heap” and systemically kept there:

• Earning/Opportunity Discrepancies• Income• Esteem• Aftermath of Marginalization

• Poverty/Segregation/Disenfranchisement

EARNING/OPPORTUNITY DISCREPANCIES

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Please clear away all your personal items (including writing implements)• You will be divided into groups, you will

be given a packet. There are only three rules:• You may only use what is available in the

packet• You may bargain• The first group to finish, wins the prize

LET’S SEE THIS IN ACTION . . .

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LET’S DISCUSS

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How was that for you?

• Once we divide and marginalize, we pave the way for discrepancy, resource shortages, blame, and characterization

• The divide grows• Then it is harder to cross into opportunity

and out of danger• Poverty reigns

POVERTY, SEGREGATION & DISENFRANCHISEMENT

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• In our society, men are not supported in:• Expressing Emotions• Seeking Emotional Support• Grieving• Showing vulnerabilities

GENERAL GENDER EXPECTATION

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• With the bias, fear, diminished opportunities and increased rates of poverty-

• Black men are:• Robbed of positive black male role models• De-humanized, and thus shoved into fewer

“acceptable” roles and ranges of emotion• Under increased pressure toward hyper-

masculinity(secondary to Stereotypes, Prisonization & Toxic Masculinity (Kupers, 2005; Fournier, 2016)

INTERSECTION OF RACE, GENDER, CARCERAL HISTORY

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H I N D S I G H T   C O N S U L T I N G   G R O U P

Justice and Black Men

How fair is our system to our Black Men?

• In Law• In Searches & Arrests• In Trials• In Sentencing• In Incarceration/Privatization of Prisons• In Returning to society

JUSTICE?

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"You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin. And then criminalizing both heavily, we could disrupt those communities," Ehrlichman said. "We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did.“- John Ehrlichman, Nixon’s Domestic Policy Chief (Baum, 2016).

• Sean “Jay Z” Carter breaks it down for us: http://www.drugpolicy.org/race-and-drug-war

IN LAW

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• The more we look, the more we will find• People of color are more likely to be

frisked/searched vs white counter parts• Class is strongly correlated with crime

(the poorer the area the more crime)• Race & poverty are connected in the US• For every time we see a black person in

the general population, we are 3x times more likely to see a black person behind bars (Prison Inmates at Midyear 2009 - Statistical Tables)

IN SEARCHES & ARRESTS- WHAT WE KNOW

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• From 2002-2011, 90% of citizens frisked where black and Hispanic- (88% of those were innocent)- (New York Civil Liberties Union).

• Black drivers were close to three times as likely as white drivers and two times as likely as Hispanic drivers to be searched during a traffic stop (Eith & Durose, 2011).

• By 23 y.o. age, 50% of black men will have been arrested at least one time (Brame, et al, 2014).

• Only 14% of drug users, African Americans constitute 37% of those arrested for drug offenses (Eith & Durose, 2011).

IN SEARCHES & ARRESTS- STATS

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• Representation• Access to Expert Testimony

• $$ for Expert witnesses• Need an expert to identify/argue need for an

expert• Jury of Peers

• http://www.sfchronicle.com/crime/article/For-SF-s-black-defendants-it-s-hard-to-find-10977625.php

• Felony Jury Exclusion

IN TRIALS

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• Mandatory Sentences• Drug Cases• Juvenile Lifers W/o Parole

• Black males’ sentences in the federal system are nearly 20% longer than those imposed on white males convicted of similar crimes (US Sentencing Comm’n, 2013).

• Non-violent drug offenses in Federal court command nearly the same amount of jail time for African-American males as white males serve for violent offenses

IN SENTENCING

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• Prison Quotas• States required to comply with a “number of

inmates” or be in violation and face fines• CCA and GEO have offered states “help” in

exchange for at least 1,000 beds at 90% occupancy

• In 2010, the US spent $80 billion dollars on mass incarceration efforts

• State of Pennsylvania’s largest public service program is the construction of a $400 million dollar prison in Montgomery County.

IN INCARCERATION AND PRIVATIZATION

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Considering all the barriers and challenges facing Black Men prior to incarceration, the list grows upon being released:• NIMBY’ism (Not in my back yard!!)• Cost of Surveillance/Parole/Probation• Felony Jury Exclusion (meaning 30% of Black

men cannot serve as jurors [Kalt, 2003])• Collateral Consequences of Criminal Charges

(aka Four C’s: http://www2.law.columbia.edu/fourcs/)

• The Box (aka “Ban the Box” efforts)• Impact of work experience being in illegal

activities• Public Housing eligibility/Immigration Issues

IN RETURNING TO SOCIETY

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H I N D S I G H T   C O N S U L T I N G   G R O U P

Additional Barriers Disproportionately Affecting Black Men

Trauma, Education, and Opportunities

• Prevalence of Trauma in poor communities• Impact of Trauma on brain architecture,

adult behavior, and criminality • Historic mistrust of “Helping” agencies

• Medical facilities/hospitals• Wistar Institute, Tuskegee Experiments, HeLa Cells

• Child Welfare Processes• Police/Legal System

• Legacy of Prison (Personal, Familial, and Communal)

THOSE ADDITIONAL CONSIDERATIONS ARE:

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• It is common, though with higher representation in poorer communities

• Childhood trauma can impact brain architecture and adult behavior

• The effects of trauma can be inscribed in our RNA (Gap et al., 2014; Aas et al., 2014)• Is a perfect example of epigenetics

• Trauma is often inter-generational• Trauma can lead us to be more impulsive,

w/ poor problem solving skills, and increased emotionally reactivity

WHAT WE KNOW ABOUT TRAUMA:

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• AMYGDALA, HIPPOCAMPUS, PRE-FRONTAL CORTEX (PFC)

• The Pre-frontal Cortex and Hippocampus are SMALLER and UNDERACTIVE

• The Amygdala is often LARGER and OVER-DEVELOPED in people with significant childhood trauma

• These same areas of the brain are responsible for MEMORY, NEW LEARNING and EMOTIONAL CONTROL.

• Increased levels of adrenaline and cortisol results in hyper-vigilance; fight or flight response, and highly sensitive or reactive children

AREAS OF THE BRAIN AFFECTED:

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JUSTICE?

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THE DIFFERENCE IS STRIKING . . .

• Trauma has been shown to affect: • The alert of the Sympathetic Nervous

System (Amygdala)• Executive Functioning (Pre-frontal Cortex)• Memory (Hippocampus)

– (Shonkoff, 2013)

• Emotion Regulation/Impulse Control – (Reavis et al, 2013)

• Ability to engage in new learning• The creation of “triggers” and resulting

“survival” behavior

TRAUMA AND THE BRAIN

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• Trauma impacts the Central Nervous System• Fight, Flight and Freeze responses

• Architecture of the Brain• The way the brain is “wired”• Affects adult behavior

• Ability to control Impulses• Ability to manage challenges

“rationally” (Reavis, 2013)

TRAUMA AND THE BRAIN CONT’D

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• The ACE Study demonstrated the link between childhood trauma and negative health outcomes

• How people cope with trauma can have serious effect on their health and longevity

• The Expanded ACES found that of poor Philadelphia residents: 49% were to have 4 or more ACE’s- and the consequences thereof (Cronholm, et al., 2015).

TRAUMA AND HEALTH

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• Trauma is now considered a “major indicator” in criminal behavior(Reavis et al, 2013)

• Trauma has been successfully used as a mitigation defense regarding culpability

• To ignore trauma in mitigation reporting/defense strategy endangers “Justice” (Wayland, 2008)

TRAUMA IN CRIMINALITY

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H I N D S I G H T   C O N S U L T I N G   G R O U P

How does this affect the work we do?

How does this unique experience impact our efforts and client success?

RELEVANT CONSIDERATIONS Trauma’s Impact on Functioning

• Organizing narrative material

• Cause & effect

• Taking another's perspective

• Attentiveness

• Regulating emotions

• Executive functioning

• Engaging in learning

Functioning’s impact on Interviewing/Engaging

• Disorganized account of events, personal history, time-lines

• Diminished ability to see connection between outcome and behavior culpability

• Presentation as “cold hearted” or “uncaring”, “vicious”

• Limited ability to present “calmly” or “in control”

• Ability to make/take measured, rational decisions/action when threatened**

• Challenges in learning new behavior/responses, both “out” and “in” 41

• Defensiveness, aggressive responses to “non threatening questions”

• Emotional “shutting down”, silence, non-responsiveness

• Juvenile/childlike thought processes and responses (regression)

• Attempts to change the subject to lighter content

• Displaced anger (Wayland, 2008)• Avoidance• Blaming (Wayland, 2008)• Suggestibility (Eisen et al, 2001)

POTENTIAL BEHAVIOR YOU MIGHT SEE

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H I N D S I G H T   C O N S U L T I N G   G R O U P

How do we help?!?

In light of these realities, what can we do in our roles, our advocacy, and 

professions

• Bear Witness• Be careful with defending the system to

those most negatively impacted by it• Pay attention• Contact your congressperson when you

see or hear things that are not fair• Have these discussions with those who

otherwise would not have to acknowledge

ON A PERSONAL LEVEL?

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HELPFUL RESPONSES TO COMMON BEHAVIOR

Client Behavior• Defensiveness/aggressive • Emotional “shutting down” • Juvenile/childlike thought

processes and responses (regression)

• Changing subject to lighter content

• Displaced anger/frustration• Avoidance• Blaming• Suggestibility

Interviewer’s Responses• Do not take it personally!!• Back down- in tone, in posture,

questioning• Offer “space”/take a break• Indulge the “Small talk” (as

appropriate)- and then question the feelings/needs

• Ask advice re: helping increase safety

• Be trustworthy/consistent• Be transparent• Do not make empty promises• Apologize• Confirming “ownership” of the

information offered (“Is that what you remembered, or what you were told?”)

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• Be trustworthy• Remember and respect your role• Be clear on shared expectations• Be transparent, if you have a question or

concern, don’t sleuth, ask or share.• Be open

• Acknowledge the hard stuff• Be real• Don’t be afraid to hear the “truth” • Do not be defensive • Do not deny these realities for the sake of

“comfort”

WITH OUR CLIENTS/ MENTEES . . .

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• For your time• For your effort• For your brain-space• For your heart spaceOnly with the help of allies advocates will we be able to make changes in this challenging social environment!!

THANK YOU . . .

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• Media• 13th- on Netflix, a documentary on the impact of the 13th

amendment on Black people in America• Adam Ruins Everything: S1 Episode 1, Adam Ruins

Prisons• NPR: Fear of Black Men: How Society Sees Black Men

and How They See Themselves: http://www.npr.org/2015/03/31/396415737/societys-fear-of-black-men-and-its-consequences

• NPR: Legal Scholar: Jim Crow Still Exists in America: http://www.npr.org/2012/01/16/145175694/legal-scholar-jim-crow-still-exists-in-america

• Reading• The Body Keeps the Score: Brain, Mind, and the Body in

the Healing of Trauma by Bessel van der Kolk, MD. • ACLU’s Report on racial disparities in sentencing:• http://docplayer.net/9956711-Racial-disparities-in-

sentencing.html

ADDITIONAL RESOURCES:

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Aas, M., Haukvik, U. K., Djurovic, S., Tesli, M., Athanasiu, L., Bjella, T., ... & Melle, I. (2014). Interplay between childhood trauma and BDNF val66met variants on blood BDNF mRNA levels and on hippocampus subfields volumes in schizophrenia spectrum and bipolar disorders. Journal of psychiatric research, 59, 14-21.

Baum, D. (2016). Legalize It Alll: How to win the war on drugs. Harper’s Magazine, April 2016 Issue.

Brame, R., Bushway, S. D., Paternoster, R., & Turner, M. G. (2014). Demographic patterns of cumulative arrest prevalence by ages 18 and 23. Crime & Delinquency, 60(3), 471-486.

Cronholm, P. F., Forke, C. M., Wade, R., Bair-Merritt, M. H., Davis, M., Harkins-Schwarz, M., ... & Fein, J. A. (2015). Adverse childhood experiences: expanding the concept of adversity. American journal of preventive medicine, 49(3), 354-361.

Eith, C., Durose, M.R. (2011). Contacts between Police and The Public, 2008. Bureau of Justice Statistics, 10/5/2011.

Eisen, M. L., Quas, J. A., & Goodman, G. S. (Eds.). (2001). Memory and suggestibility in the forensic interview. Routledge.

Fournier, A. K. (2016). Pen Pals: An Examination of Human–Animal Interaction as an Outlet for Healthy Masculinity in Prison. In Men and Their Dogs (pp. 175-194). Springer International Publishing.

REFERENCES

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Gapp, K., Jawaid, A., Sarkies, P., Bohacek, J., Pelczar, P., Prados, J., ... & Mansuy, I. M. (2014). Implication of sperm RNAs in transgenerational inheritance of the effects of early trauma in mice. Nature neuroscience, 17(5), 667-669.

Kearney, M. S., Harris, B. H., Jácome, E., & Parker, L. (2014). Ten economic facts about crime and incarceration in the United States. The Hamilton Project.

Kalt, Brian C. (October 2003), The Exclusion of Felons from Jury Service, 53, American University Law Review, SSRN 420840 

Kupers, T. A. (2005). Toxic masculinity as a barrier to mental health treatment in prison. Journal of clinical psychology, 61(6), 713-724.

Prison Inmates at Midyear 2009 - Statistical Tables (NCJ 230113). U.S. Bureau of Justice Statistics. The incarceration rates are for adult males, and are from Tables 18 and 19 of the PDF file. Rates per 100,000 were converted to percentages.

Reavis, J. A., Looman, J., Franco, K. A., & Rojas, B. (2013). Adverse Childhood Experiences and Adult Criminality: How Long Must We Live before We Possess Our Own Lives? The Permanente Journal, 17(2), 44–48. http://doi.org/10.7812/TPP/12-072

REFERENCES CONTINUED

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Shonkoff, J. P., Garner, A. S., Siegel, B. S., Dobbins, M. I., Earls, M. F., McGuinn, L., ... & Wood, D. L. (2012). The lifelong effects of early childhood adversity and toxic stress. Pediatrics, 129(1), e232-e246.

U.S. SENTENCING COMM’N, REPORT ON THE CONTINUING IMPACT OF UNITED STATES V. BOOKER ON FEDERAL SENTENCING (Jan. 30, 2013), available at: http://www.ussc.gov/news/congressional-testimony-and-reports/booker-reports/report-continuing-impact-united-states-v-booker-federal-sentencing

Wayland, K. (2008). The Importance of Recognizing Trauma Throughout Capital Mitigation Investigations and Presentations. Hofstra Law Review, 36(3).

REFERENCES CONT’D

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