On the celebration of Neanderthals.

On the celebration of Neanderthals.

I am descended from the oppressors.  My ancestors ventured from their homeland with colonial aspirations and genocidal results.

It wasn’t my fault.  I wasn’t born yet!  But, having inherited vast privilege, some measure of responsibility from the misdeeds of my people surely falls upon my shoulders.

A hundred thousand years ago, several species of humans shared our planet.  My ancestors, who would give rise to contemporary Homo sapiens, mostly lived in Africa.  They differed from other primates in that their brains were larger, their posture more upright, their epidermis darker in hue, their verbal communication more nuanced.

During a period of climate change, my ancestors left their home.  The planet was warming; glaciers receded; Homo sapiens ventured north. 

One still-popular model for how Homo sapiens spread. Image by Altaileopard on Wikimedia Commons.

Europe was already populated by humans, people who had weathered the bitter cold through the waning ice age.  But my ancestors were undeterred.  They did not respect the old territorial boundaries.  Soon they supplanted the native peoples.  Every last one of the natives died.  Their people disappeared from the face of the earth, extinct.

Every time my ancestors ventured to a new land, the old inhabitants were killed.  Nearly all of our planet’s large animals are gone now; megafauna extinction is directly correlated with human migration

Image by Uweka on Wikimedia Commons.

If it’s any consolation, Homo sapiens were not the only perpetrators of these atrocities.  Every other human species – including those whom my ancestors harried to extinction – wrought similar devastation on their environments.

In this case, no reparations are possible.  The victims are dead; their families curtailed.  My ancestors’ misdeeds against them ceased, but only because there was no one left to harm.

But I can atone through remembrance.

And so, as a descendant of the oppressors, I felt a special sympathy toward the Neanderthal.  When I was in school, these humans were consistently described as brutish, uncouth, and unintelligent.  But I recognized that sort of language.  My people have almost always maligned supposed “others” – until we took the time to learn how smart they are, all non-human animals were imagined to be unthinking automata.  Pale-skinned Europeans claimed that intelligence – or even humanity itself – was inversely correlated with epidermal melanin concentration (by which measure Pan troglodytes would be more human than any Englishman). 

Forty years ago, medical doctors implied that men who felt a sexual attraction to men differed from their peers on a cellular level, as though the human immunodeficiency virus was sensitive to a psychological preference.  Even now, many medical doctors believe that people with higher amounts of epidermal melanin experience pain differently.

My people’s negative assessment of the Neanderthal, I figured, was probably not true.  Indeed, in recent years we’ve discovered that Neanderthals made art, that they probably had spoken languages … that they were like us.  Enough so that many humans living today carry Neanderthal DNA sequences in their genomes.

A Neanderthal model at Zagros Paleolithic Museum, Kermanshah.
Photograph by ICHTO on Wikimedia Commons.

Inspired by Paul Kingsnorth’s The Wake, a first-person perspective of the apocalypse wrought upon 11th century England, I began working on a story narrated by the last of the Neanderthal.

Stray scientific findings have revealed surprising details about Neanderthal life.  Young women often left their family tribe.  All people collaborated on hunts, regardless of gender.  Homo sapiens males would fool around with either Homo sapiens or Neanderthals; Neanderthal males rarely sired children with Homo sapiens.  After Homo sapiens arrived in Europe, they ate a lot of squirrels, but the Neanderthal declined to eat rodents.

These details seemed sufficient to evoke a world.

I was still working on this story during the 2016 presidential election.  But with our 45th openly praising white supremacists, I felt suddenly less inspired to celebrate the Neanderthal.  Many of the hate mongers were extolling the virtues of humans descended from northern Europeans, and, as it happens, these are the people who have the most abundant remnants of Neanderthal DNA in their genomes.

Genetics isn’t destiny.  And there haven’t been any correlations between Neanderthal DNA and intelligence; indeed, most of the genetic sequences that have been proposed to modulate intelligence are probably false.  Neanderthal DNA has been found to correlate only with an increased risk of depression and an increased susceptibility to allergies.

I began working on my Neanderthal story as an apology to the dispossessed, but I couldn’t bring myself to finish it in an environment where some individuals might tout their Neanderthal heritage as a mark of superiority.  As though their blood conferred the right to mistreat people from other backgrounds, or the right to so thoroughly ravage our planet’s atmosphere that other people’s homes are scorched or submerged beneath the sea.

Which seems shocking to me.  Quite recently, the Neanderthal were thoroughly impugned.  As though we could declare their kind to be undeserving of existence and thereby spare ourselves a reckoning for having killed them.

Now the contemporary oppressors herald the Neanderthal as a source of greatness.  Light-skinned warrior folk, beset by dark-skinned immigrants from the south.

Who would have thought?

Then again, I would not have expected Odin or Thor to become patron deities of U.S. white supremacists.  Nor that they might switch from beer to chugging milk as a display of inner fortitude.

Hate works in mysterious ways.

Someday, perhaps, in a kinder, gentler world, I’ll feel safe to write more stories featuring the Neanderthal. For now, I’ve set my draft aside.

Image by Chapendra on Flickr.

Featured image: the National Museum of Natural History. Image by Eden, Janine and Jim on Flickr.

On gerrymandering (a prequel).

On gerrymandering (a prequel).

I’ve written about contemporary gerrymandering, the effort to tweak our voting rights such that certain people’s opinions matter more than others’.

A preferred strategy to suppress votes is to draw district lines that allow one political party to narrowly elect many representatives, while the other party elects a small number of representatives with overwhelming majorities.  When this happens, votes in the landslide victories are “wasted” – those people’s preferred candidate only needed 51% of the vote, after all – which can allow a political minority to retain control.

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For example, each congressional district in Michigan represents approximately 700,000 people.  In the 14th, a serpentine district designed to suppress the influence of African-Americans by confining their votes to as few districts as possible, candidates can carry 80% of the vote.  This congressional vote represents the interests of approximately 560,000 people (700,000 * 0.8).

In other Michigan districts, candidates typically win with 55% of the vote.  In these districts, a congressional vote represents the interests of 385,000 people.  Their opinions are treated as time-and-a-half more important.

(With the sad corollary being that, in a representative government, the opinions of people who ascribe to minority political philosophies within each district are basically irrelevant.  My own congressional representative surely knows that I didn’t vote for him, that I won’t vote for him in the next election, and that there’s only a small chance that anything I say will sway the opinions of people who did vote for him.  So he shouldn’t care about my beliefs at all.)

Many people feel that the districting process is crummy.  In Michigan, citizens are attempting to wrest control away from professional politicians, but they’re fighting an uphill battle.  After all, our country was founded on the principle that some people’s voices opinions do matter more than others’.

That’s why we have a constitutional republic instead of a democracy.  In a democracy, the uneducated rabble could undermine the will of the self-styled luminaries who wrote the constitution.

Women couldn’t vote.  Black people (“others,” who counted as 60% of a human being when doling representation) couldn’t vote.  And although it’s anachronistic to use the term “gerrymandering,” the United States Senate was designed to bloat the voting rights of those intent on dastardly evil.

Almost everyone involved in writing the U.S. constitution believed that rape, murder, torture, and abduction should be permissible (as long as the victims matched certain criteria).  But some of the signatories were more enthusiastic about these practices than others, and those individuals worried that the nation’s citizenry might eventually decide that rape, murder, torture and abduction shouldn’t be allowed.

1024px-Cotton_field_kv17After all, not everyone held a monetary stake in the nation’s predominant industry. It’s easier to justify torture when we’re making money off it – we still do.

So they invented the Senate, a legislative body in which the opinions of people from sparsely-populated southern states would matter more than the opinions of people from densely-populated northern states.

Voting in this country was never meant to be fair.  Lo and behold, it still isn’t.

On smell (again!).

On smell (again!).

1200px-Concentrated_animal_feeding_operation,_Missouri_(2)If you live next to a concentrated animal feeding operation – facilities that houses thousands of farmed animals in fetid conditions – there’s no point in buying perfume.  The smell of animal excrement overwhelms any scent you could wear.  If you’re interested in a romantic dalliance, you’ll have to woo people with your looks.  Or, sure, conversation.  But a charming scent won’t do it.

In other environs, scent contributes to your allure.  We humans choose our mates based on a huge number of considerations, including the way people smell.  Back in 1995, zoologist Claus Wedekind proposed that human females are most attracted to the scents of men whose immune genes differ from their own.

oldspiceDuring college, a friend tried to convince me that the best route to romantic success was Old Spice aftershave.  “It reminds women of their fathers,” he said.  This is, of course, the opposite theory from Wedekind’s – that females would seek out partners whose scents mirror their own genetic lineage.

But this much is uncontested – by overwhelming our sense of smell, air pollution makes humans less sexy.

Stick_insect_WGWe’re not the only animals who use aroma to identify attractive mates.  Stick insects can have a wide range of physical appearances, and multiple species sometimes live in overlapping areas.  Each subpopulation of stick insects secretes a different mix of oily aromatic chemicals from their skin.  These oils protect them from scrapes and dehydration – and help them find mates of their own kind.

If stick insects couldn’t smell, they might mate wantonly.

That’s what happens with fish.

When we pollute water, fish lose the ability to recognize each other.  In the same way that humans near a CAFO won’t notice each other’s scents because they can only smell ammonia and sulfurous shit, fish living near human dumping grounds – whether it be farm run-off, factory effluents, or untreated sewage – find their sense of smell overwhelmed.

fishMany types of fish behave the way my Old-Spice-sporting friend hoped humans would – they seek mates who smell like their forebears.  Which they can’t necessarily do in polluted waters.  And so fish mate across species.  Their chimeric children dissolve the old boundary lines.

Perhaps you thought this couldn’t happen – the traditional definition of a “species” is a population of organisms that can produce fertile offspring only by mating with each other.  But the traditional definition is wrong; scientists don’t actually know what a species is.  Whatever boundaries exist seem porous.  The Neanderthal genes carried by modern Homo sapiens show that humans also mated with other species, at least until we drove our relatives into extinction.  Chimpanzees are the closest we have left, sharing 98% of our DNA, but now they’re endangered too.

Although – maybe that’s fine.  Not murdering our relations, or endangering the chimps; maybe it’s fine for multiple lineages to merge back into one.  I hate to find any virtue in pollution, but dissolving species boundaries doesn’t sound so bad.

Contemporary biology textbooks claim that species boundaries arise whenever subpopulations cease interbreeding.  For the “Advanced Placement” biology test, students are expected to know that speciation can be triggered by migration, or a geographic impediment like a new highway, or even cultural barriers.

A strong preference for certain types of scent might qualify as a cultural barrier.  Or tropical birds that want their mates to look or dance a certain way.  And so would anti-miscegenation laws in the United States.  Except for the gene flow provided by pale-skinned rapists, those biology textbooks imply that epidermal melanin concentrations marked a species boundary until the 1960s in the United States.

In the contemporary U.S., parental wealth creates a similar mating barrier.  In many parts of the country, children born to rich, well-educated parents rarely even chat with children born to poor people, let alone marry them.  This phenomenon has persisted for only a generation or two, which is certainly too brief to create a species division, but shows no sign of abating.

Marrying somebody who shares your interests seems fine.  My spouse and I seem to be fairly similar people.  And yet – should I be alarmed that my own choice inches us closer toward the world of Metropolis?

 

Feature image: “Character study, strong smell” by Franz Xaver Messerschmidt.

On race and our criminal justice system.

On race and our criminal justice system.

I’ve been teaching poetry in the local jail for over a year. The guys are great students, and I love working with them… but there are differences between these classes and my previous teaching experiences. Not just the orange attire or the chance that somebody down the hall will be rhythmically kicking a cell door all hour.

When I was teaching wealthy pre-meds physics & organic chemistry at Northwestern & Stanford, none of my students died. Nobody’s boyfriend or girlfriend was murdered midway through the semester. Nobody was sitting in class with someone who had ruined his or her life by becoming a police informant. Sometimes people got teary eyed, but only over grades.

plowWhereas… well, when we were discussing Norman Dubie’s “Safe Passage” last December – a beautiful poem about riding in the snowplow with his grandfather the night before the old man died – we wound up talking about our families. A forty-year-old man wept: he had thought that this year, for the first time in years, he would get to spend Christmas with his kids … but, even after they let you out, they take away your license … and make you show for blow-and-go some fifteen miles away, every single day … and charge you for the classes, but those classes mean you have no way to schedule regular work hours … so they put you on warrant when you can’t paid … and then, if you make one tiny mistake …

Christmas was in two days. He’d spend another month inside.

Ai_bwThe accumulated trauma that these guys shoulder from their past lives is heartbreaking. One of the best lesson plans my co-teacher and I have come up with uses several poems from Ai to prepare for writing our own persona poems. A former student – now released, & still sober after two months – says he still feels changed by the experience of writing in someone else’s voice. In that space he was made to feel so small, but taking a few minutes to ponder the world from another perspective let him escape. And it gave him a new view of the consequences of his own choices.

But a lot of Ai’s poetry is very difficult. She writes from the perspectives of murderers and rapists. We’ve discussed her poem “Child Beater” with several groups of men, and at least a third of the guys, every time, shared harrowing stories of their own.

On a good day, these men have long histories of suffering weighing them down.

And on a bad day? My co-teacher and I might show up with a stack of poems, start teaching class, and, mid-way through, learn that another of our students’ family members has just died. Over the course of a year, at least two had wives die of overdose, another’s partner was murdered … and, in that case, one of the killers was placed overnight in a cell adjacent to his own …

And, half an hour after my second class there ended, one of my students died.

The men do great work, both interpreting poems and writing their own, but, just think for a moment: what could they accomplish if they weren’t oppressed by so much misery? Compared to my experience teaching at wealthy universities, the emotional toll is excruciating. And I am just a tourist! After every class, I get to leave. A guard smiles and opens the door for me. I walk away.

This is their life.

And it’s my fault. All citizens of this country – all people who benefit from the long history of violence that has made this nation so wealthy – bear the blame. As beneficiaries, the suffering caused by mass incarceration is our responsibility.

So, the guy who died? He was just a kid. Nineteen years old. And he’d gone over a year without medication for his highly-treatable genetic condition. I’ve written previously about the unfair circumstances he had been born into: suffice it to say that his family was very poor. He’d been in jail awaiting trial since sixteen – he was being tried as an adult for “armed robbery” after an attempted burglary with a BB gun – and then, when he turned eighteen – please ignore the irony of this age constituting legal adulthood – the state said he had to pay for his own medication. With beta blockers, people with his genetic condition have a normal life expectancy. Beta blockers cost about $15 per month.

No, a dude whose family is so poor that he attempted robbery with a BB gun can not afford $15 per month. Sitting in jail, it’s not like he could help pay.

A few weeks after his death, I remarked to one of the other guys that he probably wouldn’t have been charged as an adult if he’d been a white kid. I told two anecdotes from the local high school: a student with psychiatric trouble amassed weapons in his locker and planned a date to do something violent. Another student participated in a food fight during the last week of school. The former was welcomed back; the latter was told that he’d be arrested if he returned to school grounds. And he hadn’t taken all his finals yet! If all his teachers had known about this disciplinary ruling in time, he wouldn’t have received a degree.

The first student was white; the latter black.

snowflakeThere’s no universal standard. Maybe there can’t be – we are all “beautiful unique snowflakes,” and so every case will be slightly different. But unfairness blooms when so much is left up to individual discretion. Black students are punished excessively throughout our country. Black children as young as 4 or 5 are considered disproportionately threatening and are treated unfairly.

Prosecutors in the criminal justice system have even more power. There’s no oversight and often no documentation for their decisions. Charges can be upgraded or downgraded on a whim. A white kid might’ve been sent to reform school for his “youthful indiscretions”; this dude sat in jail from age 16 until his death.

“Yeah, but _____ always said, ‘I’m not black. I’m mid-skinned.”

(You can also listen to a podcast about his unfair treatmeant and premature death here.)

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This spring, I said to one of the guys whose trial date was coming up, “I feel like, if I’d done the exact same thing as you…” I shook my head. There was no reason to go on. “But black guys get the hammer.”

He disagreed. Not with the idea that black people are punished disproportionately in this country, just that it would be his burden, too.

NCA-Earth“Well, but I’m not black,” he said. “My family is from all over the place … I’m Native American, and Caribbean, and …” He listed a long pedigree. Indeed, his ancestors had come from around the globe: Europe, India, Africa, the Americas …

“My apologies,” I said. “And, I guess … so, my wife teaches at the high school in town, and one of her kids, his family is Polynesian … but at school everybody assumes he’s black. So he mostly identifies with Black culture here.”

“I get that,” the guy said to me, nodding. He’s a really kind and thoughtful dude. “Cause, yeah, some of it is just who other people think you are.”

His words stuck with me: who other people think you are.

We were sure he could walk. Probation, rehab, that kind of thing. We’d seen other people with equivalent bookings go free.

We were wrong. Dramatically so: he was sentenced to seven years. His family was devastated. You don’t even want to know the extent.

Soon after, I was looking up his prison address to send him a letter and a few books of poetry. On the page of “Offender Data” provided by the Indiana Department of Correction, it read,

Race: Black.

doc

On driving.

On driving.

MARK SCHLERETH: Everybody’s done it — it’s depending — depending upon how much cheating you think it is. And again, I think to me it’s setting your cruise control in a 65 mile an hour zone at 72 and think “I’m not gonna get a ticket for that because nobody’s gonna give me a ticket for going, you know, 6 or 7 miles an hour over the speed limit.”

STEPHEN A. SMITH: Well, to touch on your last point, Mark Schlereth, as just a fun way of getting into it, most brothers that are behind the wheel, we anticipate we may get pulled over if we go seven miles over the speed limit. Let me just throw that out there as an aside.

— ESPN First Take Podcast, May 21st, 2015

When I was nineteen and visiting a high school buddy at his college, a cop tailed me for two miles, flashed his lights after I parked, then sauntered up and complimented me on my impeccable driving. I’d ferried a carload of friends down from Northwestern for the weekend, and by way of a “thanks for letting us crash on your couches” offering for my (twenty-one-year-old) buddy, we’d stopped at a liquor store to pick up a case of beer and a bottle of rum just after hitting town.

Unbeknownst to me, a recently-passed law made it illegal for minors to operate any motor vehicle being used to transport alcohol, even in the trunk1. Since I’d driven, then sat chatting in the car with a friend while our twenty-one-year-old companions ducked into the liquor store, the cop who spent his evenings idling on a ridge overlooking the parking lot (fighting crime one entrapment site at a time!) pegged me for an easy mark.

It’s true. I’m a privileged dude. I grew up in a wealthy suburb outside Indianapolis. At nineteen, I was having my first interaction with the police. I answered the cop’s questions because I naively thought that’s what you do, with the denouement being confiscation of our alcohol and citations — six hundred dollars all around — doled out to me, the underage driver, and my of-age friends, accomplices to the crime.

Perhaps it’s worth mentioning that my friend riding shotty had a baggie with a quarter ounce of pot in his coat pocket. To my suddenly paranoid mind the whole car seemed to reek from the furtive smoking he’d done during our drive, but I was a wealthy-looking white kid — the cop yoinked our sack of booze from the trunk without asking to search the car.

I’m less oblivious now. My high school was pure Wonder Bread, roughly what you’d expect in a suburb full of Republican doctors and lawyers served by an illegally-bigoted real-estate association2. Big houses and pale bland robot kids. I had black friends in college, but my mild touch of Asperger’s meant I never noticed their treatment by the outside world. Hell, we were college kids. We mostly walked around campus or hung around the student housing co-op, smoking pot and playing chess. We rarely even saw the outside world together.

During graduate school my big-C Consciousness score bumped from dead zero to something I hope is at least passable. My brown-skinned colleagues were routinely belittled by their advisors, and there weren’t many of them, and all the janitors were black and Latino, and the verbal abuse showered upon them was worse. Very frustrating to see. Although it’s shameful that it took me so long to notice.

White-looking white dudes in this country are free to be placidly oblivious. Maybe a bit less easily now — shortly after I finished my Ph.D. the national media started giving some coverage to the most egregious police abuses, like murdering people in the street3 — but, given all the “War on Police” coverage rolling on Fox News4, it can’t be that hard to remain ignorant.

As far as my own blindness goes, I’m trying to atone. I’ve done a lot of reading lately; I went through twenty-three years of education without picking up a single book by Hurston, Baldwin, Ellison, or Morrison. I’d blame my teachers but, at some point, didn’t it become my own damn fault?

Still, better late than never. I teach now, twice a week at the local jail. I volunteer with Pages to Prisoners, an advocacy organization that sends free packages of books. I run a correspondence writing program for inmates across Indiana, hoping that I can help some of our nation’s most stigmatized citizens find an audience for their stories.

And I drive really, really slowly. Like 27 in 30 m.p.h. zones. Like consistently below the speed limit, even downhill. Because heartbreaking work from contemporary thinkers like Michelle Alexander got me thinking about the Fourth Amendment.

When it comes to harping about the Bill of Rights, Democrats yelp most about the First Amendment, Republicans about the Second … although Republicans will invoke the First, too, when it comes to their right to emblazon courthouses with religious iconography, or to deny pizza to homosexual weddings (only tasteless straight people would even consider serving greasebomb pizza at a wedding, but still), or to banish mandatory medical information from their “pregnancy crisis centers.” The First and Second Amendments bogart all the big press.

But it’s the Fourth Amendment that actually needs our help. Protection from unreasonable search and seizure. As you may have noticed, I have at times had non-zero quantities of marijuana on or around my person. My youthful indiscretions were less egregious than those of any sitting president of the last sixteen years, but they were certainly prosecutable offenses. And yet. I got to finish college, earn my Ph.D., marry, raise my children. No police officer thought to poke his nose into my pockets, cluck what have we here, and charge me for the eighth that I was holding. But just last month I sent a care package to a dude my age, my height, my weight, who has been in prison since he turned 19, six years of that in solitary, all stemming from a conviction of “possession with intent to sell” a very ordinary quantity of marijuana.

Dude has no beautiful wife. No beautiful life. I sent him, among other things, some erotic stories to read5. In his letter he apologized for even asking for them, but explained that after six years in solitary he felt so achingly lonely.

All of which he earned by being black. Caught with less pot than I’ve at times had in my own vehicle.

But he was searched. I was not.

In a world with real Fourth Amendment protections, he would’ve been safe. His life could’ve been like mine. He’s my age, my height, my weight! Except for more melanin and shorter dreads, his picture even looks like mine.

The heart of the problem is that you can’t do much in this country without a car. And the illustrious members of the Supreme Court have issued a series of rulings that cumulatively result in our Fourth Amendment rights evaporating almost as soon as we step into a car6. These are lucidly described in David Harris’s George Washington Law Review essay, “Car Wars: The Fourth Amendment’s Death on the Highway.” Unless you’re prone to high blood pressure or apoplectic rage, you should give it a read.

The Supreme Court reasoned that the Fourth Amendment was designed to protect innocents. As soon as you break a law, you give up your rights. Doesn’t matter that incorrect use of a turn signal is totally unrelated to the likelihood you’re dealing drugs — once you slip up, any cop who wants can nab you. Question and answer time! Trawl for outstanding warrants time7! Stroll around your vehicle with the drug-sniffing dog time!

The tangle of laws on our roadways is brutal, too. At times it might seem impossible to know and follow them all. Worse, it is often literally impossible to follow them all.

That’s why white people should drive more slowly.

Almost every road has a posted maximum speed. In most states, if you drive one mile per hour above that limit, you’re breaking the law. Fourth Amendment rights? Gone!

I’ve got itchy feet. I listen to music in the car. I plan out stories in my head. What can I say? Sometimes my mind isn’t totally focused on the driving. So it’s pretty common for my speed to fluctuate a few miles per hour here and there. To stay consistently under the limit, I have to aim for something like eighty or ninety percent of the maximum speed. 27 m.p.h. in a 30, say. 49 in a 55. Then my slight moments of inattention won’t bump me over.

But most states’ vehicle codes also contain a clause stipulating that you are in violation of the law whenever you drive at a speed “that impedes or blocks the normal and reasonable movement of traffic.” 8 The normal movement of traffic in most places I’ve lived is about ten miles per hour above the posted limit, which means that any driver below the limit will be in technical violation of the “impeding traffic” clause9. Which means, again: Fourth Amendment rights? Gone! The courts have ruled that technical violation is all it takes. And, yes, I’ve been stopped for driving “suspiciously slowly.”

The driving habits of the majority ensure that there is no speed at which minority drivers will be safe from harassment.

You might wonder, am I ranting about all this just to protect criminals? After all, if a dude doesn’t have marijuana in his car, or coke, or pills in somebody else’s name, then he’s got nothing to fear. Right?

Let’s set aside the sheer degradation of being searched, being presumed to be and treated like a criminal, and simply point out that this supposition is incorrect. The innocent are not safe. From Douglas Husak’s Overcriminalization I learned that some states prohibit “the possession of paraphernalia — items used for a variety of purposes, such as storing or containing drugs. Defendants may be convicted without knowing that the items that qualify as paraphernalia are typically used to commit drug offenses.

This is by no means a toothless prohibition. Did you know that some people use soda straws to store or transport heroin? I didn’t. Not until I read about Tyrone Tomlin, who was arrested in 2014 in New York City — and beaten severely, causing irreparable brain damage, during his 21 days at Rikers — for possession of a soda straw. The soda in his other hand was insufficiently mitigating evidence to keep him safe and free.

Have you ever driven with a soda straw in your car?

Or, how about money?

Seems ridiculous that it would be illegal to have U.S. legal tender in your vehicle. But, for some people, it is. Why? Because money is sometimes used in drug transactions. Which means that if a police officer stops someone — perfectly legal whenever any stipulation of the vehicle code has been violated, which, given that every speed technically violates either the posted maximum or the “impeding traffic” clause on most roads, means roughly whenever the officer wants — and searches the car, and finds money, that money can be confiscated. Especially if the driver looks like someone who might’ve intended to use that money to buy drugs. Or if the driver looks like someone who might’ve earned that money by selling drugs. Basically, if the driver looks black.

Police officers have seen MTV. They’ve seen videos with young black men flashing bills and braggin’ ‘bout the bricks they moved to get ‘em. Doesn’t matter that these videos are fiction, that many were produced and disseminated by white people, that studies have shown that the vast majority of both drug users and drug dealers in this country are white10. Facts are trifling things compared to how people feel.

Without Fourth Amendment protections to contend with, police officers have enormous latitude to make their prejudices come true. If the police think a certain type of person looks like a criminal, they can focus their attentions on similar-looking people, which will lead, lo and behold, to the capture of many criminals who fit that description.

To me, this sounds unfair. But because the unfairness is visible only through aggregate statistics, the risk that any particular driver will be stopped, searched, and incarcerated unfairly is considered to be merely “conjectural” or “hypothetical.” No young black male can know in advance that he will be the unlucky driver discriminated against today. So the Supreme Court has ruled that individual citizens do not have standing to introduce these statistics into any court case, even though anyone glancing at the data can see that they’re unfair11.

I’ll admit, the stakes here may seem small. When you next find yourself behind the wheel, you might feel an urge to goose the engine, nudge over the legal limit, get where you’re going a little sooner. After all, as long as you personally are not a police officer unfairly targeting minority drivers, are you causing any harm?

Yes. I would argue that you are. By contributing to the “normal” flow of traffic above the designated limit, you preclude the existence of any legal speed. This is a harm we cause collectively. But there is more: by arriving at your destination early, you profit from injustice. Those who profit from injustice are tainted by it. As a white person grappling with these issues, I find these words from Jim Wallis’s America’s Original Sin particularly instructive:

White people in the United States have benefited from the structures of racism, whether or not they have ever committed a racist act, uttered a racist word, or had a racist thought (as unlikely as that is).  Just as surely as blacks suffer in a white society because they are black, whites benefit because they are white.  And if whites have profited from a racist system, we must try to change it.  To go along with racist institutions and structures such as the racialized criminal justice system, to obliviously accept the economic order as it is, and to just quietly go about our personal business within institutional racism is to participate in white racism.

Acting alone, neither you nor I can cure the ailments of our society. But each and every one of us, individually, can forgo those perquisites allotted to us unfairly. If you, like me, look white, you could choose to violate the speed limit. You would probably face no penalty. But others, through no fault of their own, do not have that choice. They pay for your privilege.

In a world where others are required to drive slowly, shouldn’t I?

**************************************

Footnotes

1. Indiana Code 7.1-5-7-7 stipulates, among other things, that “It is a Class C misdemeanor for a minor to knowingly transport [an alcoholic beverage] on a public highway when not accompanied by at least one (1) of his parents or guardians.” In case you were wondering about the retrograde pronoun usage, an earlier passage of the legal code stipulates that “the masculine gender includes the feminine and [sic] where appropriate, the single number includes the plural.” Equivalent laws are on the books in several other states, such as Massachusetts, but for the life of me I can’t imagine that any of these laws has made the world a safer place.

2. Harsh words, but true. It’s rumored that a company in the area once issued permits for black employees to display on the outsides of their cars because the police, knowing that black people couldn’t possibly live there, would otherwise pull them over for a little casual harassment. As recently as 1996, a black state trooper was stopped a block from his own home because a cop thought it inconceivable that he belonged anywhere nearby. The Indianapolis chapter of the NAACP brought a class action suit — this was by no means an isolated incident — that was settled in 1999, at which point the local police department claimed they would no longer systematically target older cars and black- or brown-skinned drivers.

3. You could argue that Eric Garner’s death in the arms of Daniel Pantaleo was somehow accidental. But Walter Scott was clearly murdered. And these are only the men whose deaths, like horrifying low-res snuff films, were captured entirely on camera. Of the thousands of black men killed by police in the past few years, some hundred of them unarmed, it’s hard to believe — grand jury judgments aside — that no other instances constitute murder. I’d list names — they deserve remembrance — but do you realize how long that list would be?

Some of their names: 1999-2014.   2015.   2016 – present (unprocessed data).

4. Yes, the shootings in Dallas were frightening. And two officers were senselessly murdered in New York City. But the “War on Police” coverage began long before Dallas and has been incommensurate with the actual harms suffered by our men in blue. I’m not sure violence wreaked by one or two unhinged individuals constitutes a war. After the tragedy at Sandy Hook, nobody claimed there was a “War on Elementary School Children.”

5. Every prison has a unique set of regulations as to what type of books they’ll allow inmates to receive. Some prisons set a limit on quantity, others specify “no hardcovers,” or “no spiral bindings,” or, and this is trickiest for a volunteer-run organization struggling to send out free books, “no used.” This dude was at one of the “no used books, no hardcovers” facilities. Let me tell you, not many people have donated pristine paperback copies of My Secret Garden lately. I wound up sifting literotica.com for tasteful stories (I have no problem with Saxon-derived language, but no way am I sending anything with violence or the word “slutty” in it), then spending half an hour in front of our one-page-at-a-time-or-it-jams, single-sided-only printer to put together a forty-page pamphlet for him. Hopefully the guards let it through.

6. I’d like to blame this development on the usual suspects, the quintet of crusty hate machines appointed by the political right, but I can’t. Whren v. United States, for instance, was decided unanimously. This case hurts most, setting a precedent that the police may stop any driver who violates any stipulation of the vehicle code, even if that violation alone, independent of an officer’s preexisting desire to stop a particular driver, would never be considered sufficient cause to pull someone over. Because most states’ vehicle codes span many hundreds of pages, everyone commits a technical violation sooner or later. After I finished my Ph.D. and was driving a U-Haul full of books and furniture from California to Indiana, I was tailed for several miles by a Utah state trooper who eventually dinged me for failing to signal for the requisite two seconds before passing a truck. I’d signaled for only a second and a half. Of course, after he stopped me he saw past the dreadlocks, army green cap, and sunglasses to my pallid skin and nice-as-pie wife and declined to even glance in the back. So it goes.

7. Even in Justice Sotomayor’s scathing dissent to Utah v. Strieff, in which the majority seems to have been bamboozled by recent quantum mechanical evidence from dual slit experiments about time-traveling information, ruling that the future discovery of a warrant makes illegal behavior by a police officer retroactively become legal, Sotomayor acknowledges that we have a long history of permitting suspicion-less warrant trawling of anybody driving a car. “Surely we would not allow officers to warrant-check random joggers, dog walkers, and lemonade vendors just to ensure they pose no threat to anyone else,” she writes, although she knows already that she is wrong — the majority would allow this. But Sotomayor has no beef with the haranguing of drivers: “We allow such checks during legal traffic stops because the legitimacy of a person’s driver’s license has a ‘close connection to road-way safety.’ ” Make no mistake: although she writes “legal traffic stops,” the modifier is redundant. Given the state of our roadways, all traffic stops are de facto legal.

8. This is true whenever you drive so slowly that “three (3) or more other vehicles are blocked.” In the small college town where I live this takes no more than a quarter mile driving dead on the speed limit. At two or three miles per hour below, that many cars can pile up within seconds of turning from my street onto the main road.

9. Not to mention the serious risks you incur by driving at or below the speed limit on a three- or four-lane highway; outside of rush hours, traffic flows at fifteen or more above on every city-circling interstate I’ve driven.

10. This claim is obviously subject to numerous assumptions. It’s difficult to accurately assess the frequency of illegal activities: I’ve lied on surveys before, and I can’t be the only one. Even though every survey indicates equivalent rates of drug use across ethnicities, disparities could exist. But it seems unlikely. Among people I’ve known, use of all drugs seems to be roughly correlated; I haven’t met people who never smoke, never drink, but are willing to drop acid or snort a line of coke. And the abuse rates for legal drugs, for which I imagine the data are more trustworthy, suggest that white people are slightly more interested in escaping reality than other ethnicities. As far as the racial distribution of drug dealers goes, the data are even more fraught. Total numbers are lower, which by itself means less trustworthy statistics, and it must seem even riskier to admit on a survey that you’ve been selling. So this conclusion is based instead on data that suggest people buy drugs from dealers who look like them. Again, there are caveats — even if everyone uses drugs at the same rate, and everyone buys drugs from dealers who share their ethnicity, it may be that some populations of dealers serve far more customers than others, which would mean fewer individual dealers.

If this were the case, though, we might expect incarceration rates to even out in the end. A naive expectation would be that high-volume dealers would receive longer sentences. That’s not what’s happened, though. Instead, black people are incarcerated at a much higher rate for nonviolent drug crimes, and they receive consistently longer sentences than white people for seemingly-identical infractions. Despite the fact that the Midwest Pages to Prisoners Project serves a set of fourteen states where the population is only between five and ten percent black, about a third of the inmates we help are black (setting aside what it even means to be black in this country, a question far too tangled to be dealt with in a footnote).

11. This case, City of Los Angeles v. Lyons, really was decided by a quintet of hate machines. A black driver was stopped for a minor traffic violation, dragged from his car, and choked until he passed out. In an ensuing court case, the driver sought to change Los Angeles police department policy such that future drivers would not be choked. His lawyer documented that most drivers choked this way were black. The Supreme Court threw out that evidence and dismissed the case. Justice Marshall wrote a dissent that clearly describes the harm caused by willful blindness to this type of statistical evidence: “Since no one can show that he will be choked in the future, no one — not even a person who, like Lyons, has almost been choked to death — has standing to challenge the continuation of the policy.

On preventing future crime.

On preventing future crime.

4557822128_5d9ba71628_zFeeling safe is great.

Ask anybody with PTSD – feeling unsafe is the pits. A perception of danger elevates cortisol, wears the body out, and makes it hard to sleep, hard to think, hard to remember anything.

And – properly wielded – state violence is the best way to keep people safe. Of course, the term “state violence” means different things to different people. I’m not talking about police officers murdering innocent people, which has led many to experience way more stress, their hearts racing whenever a patrol car is spotted down the street.

leviathanI’m only fond of state violence that protects. We Homo sapiens have a long evolutionary history as a violent species, and state violence at its best prevents violence from individuals. This is the basic idea behind Thomas Hobbes’s Leviathan.

A good practical example is the state violence that facilitated the civil rights march from Selma. The town was full of murderous individuals. Only the presence of armed federal soldiers – a clear imposition of state violence – prevented the far worse, anarchic violence that would’ve been perpetrated by locals.

At its worst, though, state violence is horrific. You get wanton destruction of life and liberty on a massive scale. Which is grim to think about, given that my own country is now helmed by a fickle racist who celebrates his own acts of violence against women.

Violence from a bad state isn’t keeping anybody safe.

10490113913_e3a697bdca_zConsider mass incarceration as currently practiced by the United States. Forcibly locking someone inside a prison or jail is a clear exercise of violence. In some cases, this violence keeps us safe. For instance, my mother-in-law was murdered last year. The man who killed her should be kept away from society so that he doesn’t hurt anyone else until he’s better. The brutality of this incident leads me to suspect he has some serious emotional disturbances at the moment.

But this dude has been shut inside various prisons for over nine years already… after convictions for non-violent drug crimes. When the state locked him away for all those years, were we the people made safer?

In Weapons of Math Destruction, Cathy O’Neil proffers a reason for doubt:

weaponsofmathdestructionWhat’s more, for supposedly scientific systems, the recidivism models are logically flawed. The unquestioned assumption is that locking away “high-risk” prisoners for more time makes society safer. It is true, of course, that prisoners don’t commit crimes against society while behind bars. But is it possible that their time in prison has an effect on their behavior once they step out? Is there a chance that years in a brutal environment surrounded by felons might make them more likely, and not less, to commit another crime?

Yes, I’d say there’s a chance. I doubt many people would disagree. Even those responsible for locking dudes in prison sometimes acknowledge that they’re doing the wrong thing.

While C. J. Chivers was researching his New York Times Magazine article about Sam Siatta, a marine who returned from Afghanistan with severe PTSD and no support, Chivers met with Jason Chambers, the prosecuting attorney whose office sent Siatta to prison. (After returning from the war, Siatta tumbled into alcoholism, and one night broke down a stranger’s door while stumbling home drunk from a party.) Many thought Siatta should be offered treatment instead of prison, but the prosecutors were unyielding. Siatta was socked with a six-year sentence.

Until, that is, Chivers arrived. Once Chambers learned that a reporter was investigating the case, he promptly offered to vacate the conviction. Siatta was released that week.

thefighter

From Chivers’s article:

There was a question to explore: Why did Chambers propose exactly the resolution to the case that his office had resisted for two years?

Chambers described a criminal-justice system that resembled an overworked mill. His office handles almost 5,000 cases a year, he said, and it was not possible for him to follow each of them closely …

From his point of view, Chambers said, the plea deal in the works was not actually a large shift. Siatta had received the minimum sentence for a Class-X felony and would soon plead to more than the minimum sentence for a felony one class down. “From a practical standpoint, it is a big change,” he said, because Siatta was out of prison. “From a legal standpoint, it is a hair’s width apart.”

And for society, Chambers added, the new arrangement was probably safer. If Siatta were to behave well in Shawnee [prison], he would be eligible for release in less than three years and would return with virtually no counseling or care for his PTSD. Now Siatta would be under state supervision for several years, receiving care throughout. “The rationale for me became, ‘What makes people safer over the long term?’ “ he said. “Is it treatment or just getting him off the street?”

Chambers is almost certainly correct: we the people will be safer if Siatta is given treatment instead of more time in prison.

Of course, our jails and prisons are so flawed that the same is probably true of most everyone sent away.

There’s even data showing how much less safe incarceration makes us. Individual prosecutors and judges have an inordinate amount of discretion, and defendants are randomly distributed among them… which means we’ve inadvertently conducted something like a controlled study. When a dude is busted for possession, he might land the judge who’s hard on theft but soft on drug crimes, in which case he’ll walk. Or he might land the judge who comes down hard on drugs and get four years in prison.

It’s absurd that a coinflip decision – which judge you’re assigned to – is the only difference between four years and freedom. From the perspective of justice, this is a nightmare. But from the standpoint of science, it’s great! Who doesn’t love controlled studies? Equivalent people are being assigned to receive either prison time or freedom, basically at random, which lets us compare how they fare afterward.

When Michael Mueller-Smith combed through the data for over a million defendants, he found that locking people up increases the likelihood that people will need expensive government services after release and increases the likelihood that people will commit future crimes.

Oops.

It seems quite likely that the choices made by New York state prosecutors – locking a then-harmless poor dude away for a decade – led to my mother-in-law’s death.

jamestrentAnd yet. I’ve been trying not to end these essays on a dour note. I certainly don’t mean to imply that everyone who spends time in prison becomes somehow tainted. So I’d like to close with advice from James Trent, whose lovely personal essay “A Visit from an Outsider” recently appeared in The New Yorker.
Despite being labeled with scorn by our criminal justice system and shunted away for decades on end, Trent resolved that even in prison he would do and be his best. He knows he’s made a positive impact on people’s lives during his time there. And he advises we do the same:

when you have a bad situation occur in life you can choose to become bitter or better. Choose to be better!

On wasted ingenuity.

On wasted ingenuity.

You should read Demetrius Cunningham’s essay about learning to play the piano in prison.  He describes taping together flaps of cardboard trash and training his fingers by pressing the places where a piano’s keys would be.  It’s a beautiful piece of writing.

cunningham.JPG

And it hurts to consider what Cunningham might accomplish if he had access to more resources.

He’s not alone in striving to apply his intellect within a situation where most of his effort is – from the perspective of our modern world – simply wasted.  It’s incredible that he devised a system for learning to play piano with only cardboard at his disposal.  But we live in a world with such cheap plastics and electronics that perfectly functional keyboards can be purchased for three dollars or less at most pawn shops and thrift stores.

But Cunningham, in prison, is not allowed a three-dollar children’s toy.  He studies with cardboard.

Which is not to say that our world should be without punishment.  Those who murder need time away from society.  People should be kept safe from harm.  But I find it inconceivable that the best way to help someone who has murdered become a kinder, gentler, wiser human would be to lock him inside a world of violence, mistrust, and cement.

K’s mother, too, was murdered recently.  In her case, the man who murdered her had previously been held in New York prisons for some nine years on nonviolent drug charges.  The time he served in prison surely affected him.  Based on what little I know about life inside, that time probably affected him adversely.

So I’d argue that the state of New York’s efforts at “correction” contributed to K’s mother’s murder.  Would that man have killed her had we not shunted him into prison for nine years?  And, what of the childhood that led to his drug convictions in the first place?  Did we devote the resources necessary to ensure that he felt safe and loved as a child?  Did he have the opportunity to build a life around respected, well-compensated work?

Did Cunningham?

In my poetry classes, only one participant (that I know of) has served time for murder – in his case, 20 years thus far of a 50-year sentence.  He is an excellent writer, and very well-read, but, until our class, every time he wrote a poem or story he would crumple the pages and throw them away.

Why keep them?  The world had made very clear that no one cared what he might have to say.

Inventions are made over and over again inside: using only those spare materials allotted inside prison, how might men mimic some of the conveniences of the modern world?  In Heather Ann Thompson’s Blood in the Water, a clear-eyed description of the 1971 Attica prison riot and its aftermath, she describes the jury-rigged water heaters many inmates built for their cells.

Or there’s her passage on the amenities:

bloodinthewaterThe men needed money at Attica because the state offered them only a few items gratis.  These included a thin gray coat, two gray work shirts, three pairs of gray pants, one pair of shoes, three pairs of underwear, six pairs of socks, and one comb.  Then, every month, prisoners would receive one bar of soap and one roll of toilet paper, which meant that men were forced to limit themselves “to one sheet per day.”  The state’s food budget allotment was also meager.  At a mere 63 cents per prisoner per day, it was insufficient to meet the minimum dietary standards as determined by federal guidelines.  The reality was that many men at Attica went to bed hungry.  For this reason jobs in the kitchen or the mess hall, while more arduous than others given their seven-day-a-week schedule, were some of the most coveted.  At least on those jobs a man could eat leftovers.

To get anything beyond the supplies given them – warmer clothes, more food, toiletries like toothbrushes, toothpaste, deodorant, shampoo, razors, and extra toilet paper – prisoners needed money.  Being able to buy deodorant was no luxury since these men were allowed only one shower a week and were given only two quarts of water a day.  With this water prisoners were expected to wash their socks and underwear, shave, brush their teeth, and clean the cell to a correction officer’s exacting standards.

Prisoners had to be clever to endure such conditions.  Likewise, it takes more cleverness to survive childhood poverty than is needed for a privileged middle class existence of soccer leagues at birthday parties at Chuck E. Cheese and A’s stamped on the state achievement tests.

But our world doesn’t celebrate the former type of cleverness.  We prize instead earned wealth and good grades.  And yet, think: what if all that ingenuity weren’t wasted?  What if more of our nation’s childhood survivalists and prisonyard Edisons had been given a fair opportunity?

I love capitalism and the chance for people to profit from their discoveries.  But capitalism crumbles without opportunity.  Especially now, with automation at the forefront of technology, a system rewarding past capital ownership will waste more and more human ingenuity.  The class of those born into opportunity will keep shrinking.

Of course, those privileged few – armed with their intentional misunderstandings of economics and technology – will argue otherwise.  That’s how we got here in the first place.