To reduce Black-on-Black crime, two criminal justice experts explain why offering monthly stipends to people at risk makes sense

EDITORIAL NOTE:

by Randall Hill

Much of the so-called Black-on-Black crime is directly related to centuries of institutionalized racism and racist policy that still persists today! Prior to the Supreme Court Decision of Brown v. Board of Education and Civil Rights legislation that resulted from the Civil Rights Movement, racism was overt and racists were direct. However, since racism is now technically illegal, it is practiced more covertly. 

Covert racism is disguised and subtle, rather than public or obvious. Concealed in the fabric of society, covert racism discriminates against individuals through often evasive or seemingly passive methods. Covert, racially biased forms of discrimination are often hidden or rationalized with an explanation that society is more willing to accept. These racial biases cause a variety of problems that work to empower the suppressors while diminishing the rights and powers of the oppressed. It creates major obsticles which make if nearly impossible for some to escape generations of poverty. One example is how public education is funded based on property taxes. Well off communities tend to have better schools because more tax money is invested, however, students in poor communities often get trapped in underfunded and usually underperforming schools. Covert racism can't be easily proved or disproved and it can't be criminalize or deem unconstitutional and usually fall outside the bounds of the law. In fact, victims of covert racism often feels uneasy, excluded, ignored, silenced, rejected, marginalized, or exploited without necessarily knowing why. 

The term Black on Black Crime is a form of covert racism. People commit crimes where they live, whom do you suppose is committing crimes in China or Russia? Racialized terms can be misleading. Since the United States is for the most part segregated, crime in black communities is most often commited by black people, for example, (90% of black murder victims are killed by black perpetrators) vs. White on White Crime (83% of white murder victims are killed by white perpetrators). However, with that said, because of the horrible legacy of racism, which includes psycological damage, homicide is the leading cause of death among young Black men.

Racist individuals and groups didn't simply fade away because civil rights legislation and Supreme Court decisions made racial discrimination illegal, they changed their strategies. Unfortunately, every major institution including banking/finance, education, government, health care, media, medicine, and most glaringly law enforcement have elements of covert racism that negatively impact African-Americans and other oppressed groups. In 2006, the FBI Reported how white supremacist had inflitrated law enforcement. Ten years later, in 2016, the FBI still could not determine whether racial bias in policing was an epidemic, even though common sense indicates it is. We can easily assume white supremacist have infiltrated each of society's major institutions. Therefore, I am often cautious about the covert intentions of so-called solutions, but I must admit that idea mentioned in the article below seems like it would have a positive impact.


MAIN ARTICLE

by Thaddeus L. Johnson, Georgia State University and Natasha N. Johnson, Georgia State University

President Joe Biden greets police chiefs from across the country at the White House on Feb. 28, 2024. Chip Somodevilla/Getty Image

After a historic spike in homicides in 2020, murder rates in most U.S. cities appear to be returning to pre-pandemic levels. This drop has sparked some public attention, as demonstrated during a meeting of police chiefs in February 2024 at the White House.

During the meeting, President Joe Biden lauded investments made in law enforcement and community anti-violence initiatives during his administration. In 2023, Biden said, the U.S. “had one of the lowest rates of all violent crime in more than 50 years.”

But the most striking fact about homicide in the U.S. has been largely overlooked during such meetings – Black Americans are murdered at nearly eight times the rate of white Americans.

Young Black men in inner cities are disproportionately affected. They are both the primary victims and perpetrators of gun assaults and homicides.

This grave reality does not mean Black people are inherently violent. Instead, it largely reflects their disproportionate experience of systemic barriers such as poverty and limited access to quality education, good jobs and affordable housing – all factors that research shows contribute to neighborhood violence.

Making matters worse are the high rates of illegal gun possession among young men in urban areas. This behavior is often driven by reasons beyond criminal intent and include distrust of the legal system and the perceived need for self-protection.

More people walking around with weapons raises the risks for minor disputes escalating into deadly encounters. Studies revealing a connection between increased gun carrying and a rise in gun-related fatalities highlight the dangers of ready access to guns.

Limits of tough-on-crime policies

To be clear, keeping Americans safe requires arresting and locking up dangerous offenders. But the problem of street violence transcends punishment strategies that emphasize more police, more enforcement of petty crimes and, ultimately, more incarcerations.

Such traditional, tough-on-crime responses fail to address deeper social issues and unwritten rules like the “street code” and the elusive American dream dictating daily life in many inner cities.

This street code discourages police cooperation and glorifies guns and violence as ways to resolve conflicts and gain respect. At the same time, the code encourages intimidation and swift retaliation against perceived threats or insults.

A van from a coroner's office is seen leaving the scene of a fatal shooting.
An Alameda County Coroner’s Bureau van leaves the scene of a fatal shooting by police officers in West Oakland, Calif., on April 17, 2024. Jane Tyska/Digital First Media/East Bay Times via Getty Images

For many people in underserved communities, generational poverty and limited opportunities for upward mobility make crime a viable alternative to a system that seems rigged against them. When people are presented with few legitimate economic prospects, studies show that some turn to crimes such as drug-dealing and theft.

Despite being classified as nonviolent offenses, those involved frequently use violence to establish dominance or settle disagreements.

As scholars of criminal justice – one of us is also a former police officer of 10 years – we have found that one way to reduce crime and its harmful effects on communities is to develop strategies for at-risk individuals that offer a range of mental health and other professional services, including a monthly stipend.

It is no coincidence that young Black males, who are most at risk of gun violence, also have the lowest chance of escaping poverty.

According to the U.S. Bureau of Labor Statistics, 54% of Black men born in the poorest households end up in the lowest earnings bracket between the ages of 28 to 35, compared with 22% of white men, 29% of white women and 34% of Black women.

Such grim prospects, along with the relatively small group of offenders driving community violence, highlight the importance of targeted, holistic interventions.

Cash incentives

There is one approach that cities can consider – cash allowances for young Black men at greatest risk of committing gun violence.

Community-based initiatives like Advance Peace, a nonprofit agency focused on anti-gun violence, are addressing the economic pressures behind street violence and demonstrate the potential of providing people with guaranteed payments each month.

Three Black men are sitting in chairs during a meeting to discuss reducing gun violence.
Advance Peace members gather for a meeting in Sacramento, Calif., on Oct. 26, 2018. x

Launched in Richmond, California, in 2009, Advance Peace receives its funding from city contracts, federal grants and private donations.

Its programs offer participants as much as US$1,000 monthly for up to nine months. This stipend is conditional on meeting goals intended to steer them away from crime and violence, such as completing educational courses or finding jobs.

To address underlying emotional and behavioral issues, participants are also connected with round-the-clock mentorship by staff counselors for at least 18 months. Other services include cognitive behavioral therapy to help manage aggressive and impulsive tendencies associated with violence.

In addition, gang rivals are paired together during sponsored trips to foster dialogue and humanize one another.

In California cities implementing Advance Peace, such as Richmond, Sacramento and Stockton, shootings decreased from 2018 to 2021, and the overwhelming majority of participants have avoided both gun violence and new arrests.

Research on these California cities shows that neighborhoods with Advance Peace programs saw a 5% to 52% decrease in the number of victims of gun violence in 2021 compared with 2018.

Black men under 35 also were involved in 15% to 42% fewer shootings across the three cities.

Solutions that address root causes

Opponents of the monthly stipend, including former Sacramento County Sheriff Scott Jones, have criticized the idea of paying people to obey the law as “cash for criminals.” They contend that this approach suggests compliance requires monetary incentives rather than personal accountability. While understandable, we believe these criticisms are misguided.

The objective is not to pay off potential offenders but rather to stabilize tumultuous lives and open avenues for personal and professional growth. It is challenging to develop these initiatives without stigmatizing recipients or creating dependency. But the harsh truth is that we either pay now or pay later.

Besides the loss of life and the trauma caused by gun violence, its massive economic burden extends beyond victims and their families. Recent estimates reveal that the financial toll of gun violence in the U.S. amounts to a staggering $557 billion annually, surpassing the gross domestic products of countries such as South Africa and Denmark.

These costs include immediate and long-term medical bills, legal expenses and lost earnings from victims’ death or disability.

To this point, another analysis found the potential shootings prevented by Advance Peace programs saved cities $67 million to $268 million in associated costs in 2022. But direct payments to participants offer only temporary relief.

To effectively break the cycle of violence, comprehensive efforts are needed to improve access to quality education, jobs, housing, health care and community development in inner cities. Initiatives that address community violence without tackling its underlying causes is akin to treating symptoms while ignoring the root causes of a disease.

Strategically investing in equal opportunities for upward mobility can create a society in which young Black men are less likely to turn to guns for empowerment and self-preservation. We view this investment as a small price to pay for the promise of safer cities.The Conversation


Republished with permission under license from The Conversation.

What the Supreme Court is doing right in considering Trump’s immunity case

by Claire B. Wofford, College of Charleston

There was a lot of press attention paid to the Trump immunity hearing at the Supreme Court building on April 25, 2024. Mandel NGAN / AFP/Getty Images

Following the nearly three-hour oral argument about presidential immunity in the Supreme Court on April 25, 2024, many commentators were aghast. The general theme, among legal and political experts alike, was a hand-over-the-mouth, how-dare-they assessment of the mostly conservative justices’ questioning of the attorneys who appeared before them in the case known as Trump v. United States.

Rather than a laser-focused, deep dive into the details of Trump’s attempt to subvert the 2020 election, virtually all of the nine justices instead raised larger questions, peppered with hypotheticals – hello again, Seal Team Six! – about the reach of executive power, the intent of the nation’s founders and the best way to promote a stable democracy.

Justice Brett Kavanaugh’s “I’m not focused on the here and now of this case” and Justice Neil Gorsuch’s “We are writing a rule for the ages” drew particular fire.

The headline and subheadline on the New York Times analysis by Supreme Court reporter Adam Liptak complained that the court had taken “Trump’s immunity arguments in unexpected direction” with “very little about the President’s conduct.” And the story itself fumed that the justices had responded to Trump’s claim that he should not face charges as a “weighty and difficult question.”

Slate’s Amicus podcast decried the court for failing to focus on the “narrow question” the case presented, instead going “off the rails” and “bouncing all over the map” with various legal arguments. A guest on NPR’s 1A program lamented that the court had “injected new questions” into the oral argument to “slow-walk” the case and prevent Trump from facing trial before the election.

But here’s what the pundits seem to have forgotten: What happened that day in the court should have surprised no one, especially those constitutional scholars like me familiar with Supreme Court procedure.

A man in a dark suit and red tie emerging from a building with a police officer near him.
Donald Trump’s attorneys told the Supreme Court that the actions of a president should be immune from criminal prosecution. Curtis Means-Pool/Getty Images

Five words ‘change everything’

Trump’s case stemmed from his prosecution by Special Counsel Jack Smith for his alleged attempts to overturn the 2020 presidential election. Trump claimed he, as president, was immune from prosecution, and he took his case to the Supreme Court.

When parties appeal their case to the court, they must tell the justices what specific legal question or questions they want the justices to answer. As a colleague and I have explored in a recent academic journal article, the court generally accepts what is called the “Questions Presented” as given, agreeing to hear a case without making any adjustments to its legal framing.

Sometimes, however, the court will alter the legal question in some way. Why it does this is an issue that scholars like myself are just beginning to explore. And because it is that question – not the one the litigant initially asked – that frames the legal analysis, the justices can exert real control over both the case itself and the development of the law.

Trump v. United States is a classic example. When attorneys for the former president filed their request with the court, the question presented by them was “Whether the doctrine of absolute presidential immunity includes immunity from criminal prosecution for a President’s official acts.”

When it granted the petition in late February 2024, the court changed this language to “Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.”

Five of those additional words – “if so to what extent” – changed everything. They sent a clear-as-day signal that the court would move well beyond the simple yes-or-no of whether Trump could be prosecuted.

Nine men and women seated in two rows, wearing black robes.
The full Supreme Court, with nine justices, heard oral arguments in the immunity case. Fred Schilling, Collection of the Supreme Court of the United States

The court doing its job

With their reformulation of the question, the justices would instead be determining how, when and for what acts any president could ever be held criminally responsible.

That is a much larger inquiry, one that necessarily involves formulating a legal test to draw a line between what is constitutionally permissible and what is not. That the justices spent oral argument trying do exactly that is not a problem, much less an outrage: It’s just the court, the highest appellate court in the land, doing its job.

The scope of the argument, the expansiveness of the coming opinions and the time suck for the justices to write them and the possible vanishing of Trump’s prosecution are not at all shocking. The court signaled it would address the broader question months ago when it took the case; the time to fault the court for making the case about more than just Donald Trump was then, not now.

But perhaps commentators’ response to the oral argument can be a good lesson. Americans are told to take Trump at his word, expecting his second term to contain all the extremes he gleefully says it will.

When the Supreme Court indicates what legal question it will answer, the smart response is to do the same thing – pay attention and believe. This may not make the ultimate outcome any less distasteful to many, but at least it won’t be quite as disturbing.The Conversation


Republished with permission under license from The Conversation .