Racism and the Judicial System

By Mark Spitzer

SAN DIEGO — Although there are clearly some policemen who are racist and mean, there is racism throughout the judicial system. We get to see racism in policemen because they are the “muscle” that enforces the laws. It is really all of the components of the judicial system; the legislators, the lawyers, the judges, the laws, the prison system, and the police that have racist elements. We can’t weed out all of the racists but we can identify and change laws. There are far too many laws that harm the low income communities, which is where the majority of African Americans, Hispanics, American Indians, and low income whites live, for us to think that reforming the police department will do much to render positive change. And if policemen are not sent in to these communities to enforce harmful laws, then relations between police and minorities will improve and violence will become rare in police actions. In my experience most upper income people do not even recognize the harmful effects of these laws, the injustice is invisible to us.

There are a number of laws which harm minorities and minority communities and low income communities. I spent a number of years working in low income communities and these are what I have seen. No doubt there are more. It is the police who have to take actions to enforce these unjust laws, and there is justifiable anger at the police. But the police do not make these laws and set up the priority of enforcement, nor the methods of enforcement. The police are conditioned to think that these laws are fair and reasonable and the enforcement methods justifiable. The result is that the anger directed against the police turns into anger in the police themselves against the people they arrest and grows racism in the policemen who are for the most part just doing their job, enforcing the laws in the ways they are trained. It all seems very reasonable, but it is harmful to those who live in low income communities and harmful to the police themselves.

Laws that lead to auto impoundment and loss of vehicles should be changed. No longer should someone loose ownership of their car because they have failed, often because of poverty, to pay minor vehicle violations. Fines for minor offenses are very high (from the point of view of the low income person) and these fines double if not paid quickly and continue to escalate after that. We would not tolerate it if our credit cards, mortgages, rents, etc. had such excessive late charges, yet we allow the City to do this. It is the policeman who starts this chain of events and is blamed for the loss of the car. It is to the car owner very unjust and mean.

Bail is much more punitive to low income people than to others. It also significantly increases the cost of our judicial system, as people spend a day or many days in jail awaiting bail or trail. Even if charges are dropped or they are found innocent, they have already been punished by the cost of bail and days in jail. The injustice of this creates justifiable anger towards the police and the “system.”

Aggressive policing: A study done several years ago showed that aggressive policing in a few blocks of one major city, significantly reduced crime in that city. Police departments are under pressure to make the “numbers” look better and show statistical reductions in crime. It took significant research to identify those specific blocks. Instead of doing the research and identifying the small area where aggressive policing would make a difference, this study has been used as a widespread rational for a policy of aggressive policing in low income neighborhoods and against minorities in general. This form of policing is repugnant to most of us; we would not tolerate being treated by a policeman in a rude, hostile and aggressive manner because we failed to signal for a turn. It creates justifiable hatred against the policeman.

Our country has a number of laws against pleasure. Many of these laws can be changed at the local level. This has a disproportionate negative effect on our low income communities. The first effect is that it puts money into the hands of gangs and organized crime which creates lawlessness in these communities and puts the police in an adversarial relationship with the people in these communities. The second effect is that it criminalizes many common activities and makes criminals of those who work at these activities. It does little or nothing to reduce these activities, in fact in some cases it increases their occurrence. I am talking about laws against pleasurable drugs, local gambling such as card rooms and neighborhood lotteries, sexwork, and homemade alcohol production. Although there are “good” reasons for these laws, the fact is that these laws take away legimate sources of income, create anger at the police, lead to the incarceration of many people, mostly minorities, create anger at the police, and fund gangs and violence in the community.

Laws limiting cottage industries, such as the making and selling of food, hair styling, massage, nail treatments and many other business that could be done from the home, and would be done from home if there were not for laws prohibiting or making it impractical. Again there are “good” reasons for these laws, but the end result is that people are prevented from earning income that is sorely needed.

The prison system in this country is the worst among modern countries. Our rehabilitation rate is very low and our costs are very high. Our prisoners come primarily from our low income and minority communities. They are severely punished by prison and more importantly they are severely damaged by it. I would propose that initially we need to rapidly develop other forms of punishment, such as community service and fines and use prison only for the most violent offenders. We also need to stop using the prison system as a place to keep our low income mentally-ill citizens.

MentallY-ill people often end up in our low income communities and many end up homeless. The lack of basic care and housing often leads to them being arrested by police who are ill equipped to deal with them in a healthy way. Every modern country in the world deals with people who have mental problems in a better way than the US.

There are good reasons for all of these laws. I am suggesting that there are good reasons to change them. Was there a racist intent behind these laws? Yes, in some cases, and I believe there is racism in the callous disregard the higher income community has in “not seeing” the negative effects of these laws in our low-income minority communities. The fact that these laws also harm low-income whites does not prove that racism is not involved. I believe that changing these laws would greatly improve relationships with the police. The police would no longer be the “muscle” enforcing laws which are harmful to low income people.

Suggestions:

Stop impounding cars. Cars are essential in our culture and, for low income individuals, difficult to afford. Impounding cars amounts to an economic fine far in excess of what is reasonable, and in all too many cases to the loss of the car. This is a form of “legal” theft. It also is strikes the car owner as very very unjust and creates intense anger at the police and at the system.

Cancel all arrest warrants for parking and other minor automobile infractions.

Reasonable fines and late fees, that is reasonable to a very low income person, for parking and driving infractions and payment plans easily accessible with zero interest rates.

Eliminate prison sentences for non-violent crimes. Substitute community service and fines that a low-income person can afford. There needs to be a much higher bar before putting someone in prison.

Prison reform is absolutely essential, our current prison system has become a big business and is harmful to the physical and emotional health of the prisoners who become more of a threat to society than when they entered prison. We would be much better off if we found other ways to have people repay their “debt to society” than prison.

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Mark Spitzer is a retired multi-home builder and member of San Diego’s Jewish community