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 human uniqueness and invasive species.

On human uniqueness and invasive species.

We like to see ourselves as special.  “I am a beautiful and unique snowflake,” we’re taught to intone.

Most of the time, this is lovely.  Other than the U.S. Supreme Court, hardly anyone thinks you should be punished for being special.  Of course, the Court’s opinion does matter, since the ignorant claims of five old rich white men have an inordinate sway in determining how U.S. citizens will be allowed to live.  And they, the conservative predecessors of our lockstep quartet (soon to return to a quintet) of hate machines, oft feel that the beautiful snowflakes should melt in prison.  In McCleskey v. Kemp, the court decided that statistical evidence of injustice should not be admissible as evidence; they would only consider documentation of deliberate bias in individual cases.

snowflake
Unique when you are on trial, now orange & a number.  Photo by Joel Franusic on Flickr.

Which means, for instance, that if a police force decides to systematically harass black drivers, and winds up stopping hundreds of black drivers and zero white drivers each month, they’re in the clear as long as each black driver stopped was violating some portion of the traffic code.  At that point, each black driver is a unique individual lawbreaker, and the court sees no reason why their experiences should be lumped together as statistical evidence of racial injustice.  Adolph Lyons, after being nearly choked to death by an L.A. police officer, could not convince the courts that the L.A. police should stop choking innocuous black drivers.

Lovely, eh?

So it can hurt if others see us as being too special.  Too distinct for our collective identity to matter.

At other times, we humans might not feel special enough.  That’s when the baseless claims get bandied about.  For instance, K recently received a letter from Stanford’s Graduate School of Education pontificating that “Only humans teach.”  A specious example is given, followed by the reiteration that “Only humans look to see if their pupils are learning.”  Which simply isn’t true.

But people feel such a burning desire to be special – as individuals, as fans of a particular sports team, as people with a particular skin color, or as people who follow a particular set of religious credos – that an ostensibly very-educated someone needed to write this letter.

That’s why the occasional correctives always make me smile.  For instance, research findings showing that other animal species have some of the skills that our sapiens chauvinists oft claim as uniquely human, or other data indicating that humans are not as exceptional as we at times believe.

Consider our brains.  For many years, we thought our brains were anomalously large for the size of our bodies.  The basic rationale for this metric was that more brain power would be needed to control a larger body – this seems tenuous if you compare to robots we’ve created, but so it goes.  Recently, a research group directed by Suzana Herculano-Houzel counted how many actual neurons are in brains of different sizes.  Again comparing to human creations, computer scientists would argue that more neurons allow for more patterns of connections and thus more brainpower, somewhat comparable to the total number of transistors inside a computer.

As it happens, no one knew how many neurons were in different creatures’ brains, because brains are very inhomogeneous.  But they can be homogenized – rather easily, as it happens.  I did this (unfortunately!) with cow brains.  These arrived frozen and bloodied; I’d smash them with a hammer then puree them in a blender till they looked rather like strawberry daiquiri.  For my work I’d then spin the soupy slushy muck so fast that all the cell nuclei pelleted on the bottom of centrifuge tubes, ready to be thrown away.

brains
After a spin in the blender, all brains look the same. Photo from Wikipedia.

Alternatively, one could take a sample of the soup and simply count.  How many nuclei are here?  Then stain an equivalent sample with antibodies that recognize proteins expressed in neurons but not the other cell types present in a brain: what fraction of the nuclei were neurons?  And, voila, you have your answer!

Gabi et al. did roughly this, publishing their findings with the subtly anti-exceptionalist title “No relative expansion of the number of prefrontal neurons in primate and human evolution.”  We have more neurons than smaller primates, but only as many as you’d expect based on our increased size.

zombie-starfish(Perhaps this leaves you wondering why gorillas rarely best us on human-designed IQ tests – as it happens, the other great apes are outliers, with fewer neurons than you would expect based on the primate trends.  Some of this data was presented in a paper I discussed in my essay about the link between “origin of fire” and “origin of knowledge” myths.  In brief, the idea is that the caloric requirements of human-like brainpower demanded cooked food.  The evolutionary precursors to gorillas instead progressed toward smaller brains – which happens.  The evolutionary precursors to starfish also jettisoned their brains, making themselves rather more like zombies.)

Perhaps all these brain musings are an insufficient corrective.  After all, humans are very smart – I’m trusting that you’re getting more out of this essay than the average hamster would, even if I translated these words into squeaks.

So let’s close with one more piece of humility-inducing (humiliating) research: archaeologists have long studied the migration of early humans, trying to learn when Homo sapiens first reached various areas and what happened after they arrived.  Sadly, “what happened” was often the same: rapid extinction of all other variety of humans, first, then most other species of large animals.

All the Neanderthal disappeared shortly after Homo sapiens forayed into Europe.  There are reasons why someone might quibble with the timeline, but it seems that Homo erectus disappeared from Asia shortly after Homo sapiens arrived.  The arrival of Homo sapiens in Australia brought the extinction of all large animals other than kangaroos.  The arrival of Homo sapiens in South America presaged, again, a huge megafaunal extinction.

On evolutionary timescales, we are a slow-moving meaty wrecking ball.

27435263990_8f7566831d_b.jpg
Bad as we are, we can always get worse. My country! Picture by DonkeyHotey on Flickr.

And our spread, apparently, resembles that of all other invasive species.  This is slightly less derogatory than the summation given in The Matrix – “[humans] move to an area and … multiply and multiply until every natural resource is consumed and the only way [they] can survive is to spread to another area.  There is another organism on this planet that follows the same pattern.  Do you know what it is?  A virus.  Human beings are a disease, a cancer of this planet.” – but only slightly.

Upon the arrival of Homo sapiens in South America, we quickly filled the entire continent to its carrying capacity, and then, after the invention of sedentary agriculture – which boosts food production sufficiently for an area to support more human farmers than hunter gatherers – resumed exponential population growth.  Although the switch to an agricultural lifestyle may have been rotten for the individual actors – the strength needed to push plows makes human sexual dimorphism more important, which is why the spread of agriculture heralded the oppression of & violence against women throughout human history – it’s certainly a great technology if our goal is to fill the world with as many miserable humans as possible.

We’ll be passing eight billion soon, a population inconceivable without modern farming technologies.  And likely unsustainable even with.

Not, again, that this makes us unique.  Plenty of species are willing to breed themselves into misery & extinction if given half the chance.  Almost any species that follows r-type population growth (this jargon signifies “quantity over quality”) – which oft seems to include Homo sapiens – is likely to do so.  My home town, wolf-less, is currently riddled with starving, sickly deer.

On Charles Foster’s ‘Being a Beast’ and battling the empathy gap.

On Charles Foster’s ‘Being a Beast’ and battling the empathy gap.

At a February presidential rally, the crowd cheered when Donald Trump declared, “All lives matter,” using his microphone to drown out the protesters.

All lives matter: setting aside that, for some people’s lives, the world is already acting as though they matter, it’s hard to believe Trump meant what he said. Considering his policy proposals, it doesn’t seem like he values Black, Latino, or Muslim lives that much. It’s doublethink à la Animal Farm: “All lives matter. But some lives matter more than others.”

orwell.JPG

The world would be less terrible if we could understand why people believe this. Or, better yet, make them stop.

The root of this problem is that our brains are not designed for this world. Natural selection does not work like an engineer, but like a basement tinkerer, slapping together barely-functional prototypes from duct-tape, twine, and pre-existing parts.

Natural selection molded the human brain. And, sure, our brains are amazing. We can talk, we can think, we can rocket ourselves into space. But our brains are built using much the same genetic blueprints as other species’. The finished product features many of the same archaic modules.

But we’d best remember that our brains have flaws, especially within the context of the modern world: we’ve reshaped the planet so thoroughly that it looks nothing like the environment in which humans evolved. And so we make mistakes. Our intuitions about the world, about fairness or even basic logic, do not always match reality.

interlandiIn March of 2015, Jeneen Interlandi published a thought-provoking piece on the “empathy gap” in The New York Times Magazine. She was curious about the neurological underpinnings of empathy. What gives rise to our misguided sense of identity? Why are we moved by the plights of those whom we consider to be like us, but can stay callous and cold to the suffering of perceived “others”? For instance, civil forfeiture episode of Last Week Tonight with John Oliver featured exclusively white victims, as did the New York Times coverage of innocent people incarcerated due to faulty roadside drug tests, despite the fact that black drivers are the primary victims of these police abuses. Did the producers worry that an accurate depiction of these harms would lose their audience’s interest?

In “The Brain’s Empathy Gap,” Interlandi focuses on the treatment of the Roma in Hungary. Should the Hungarian masses care about poverty and educational failings among the Roma? Yes. Of course. But do they? Judging by most Hungarians’ actions, or by the limited political will to rectify injustice, no. Excepting a rare few bleeding hearts, it doesn’t seem so.

Should the masses in the United States (as in all people, including the melanin-deficient sinking middle classes shouting themselves red in the face at Trump rallies) care about poverty, educational failings, and the state-sponsored murder of black people? Yes. They should.

But this is not how our brains evolved to operate. For millions of years, reflexive callousness made sense. Among populations scraping out a subsistence living – scavenging other hunters’ kills, picking berries, and hoping not to be eaten by a predator in the night – there was only so much help to give. Waste it on a stranger, someone who appears not to share many of your genes, and your own children might die.

From a philosophical perspective, this is not a problem. Utilitarian ethicists from Jeremy Betham to Peter Singer have argued that our moral choices should not be so easily swayed by friendship, family relations, or proximity.

But from an evolutionary perspective? Helping an other as opposed to your own is disastrous. The genes that might trigger this type of self-sacrifice die out, leaving the world overrun with those that spell Family First in a chemical script of As and Cs and Gs and Ts. These narcissistic sequences were so successful that we nearly all have them. Though I like to think of myself as a rational, thoughtful individual, I too have a brain that would command me to trample all the other children on the playground if my daughter were in danger.

These genes helped my ancestors survive long enough that I might be here today.

evolution
It doesn’t work quite like this, but what a picture.  Picture by T. Michael Keesey on Flickr.

Today’s world is very different, of course. Modern agriculture is so productive that there should be plenty of food for all. Air travel and urban living means there is no longer any correlation between physical appearance and genetic similarity. And I would like to think that our thousands of years of philosophical inquiry – what we’ve done with the magnificent brains that natural selection bequeathed us – have accomplished something. We should know better now.

It’s hard, though. Practicing uniform kindness with our brains can be like running Photoshop on a Linux machine; even when it doesn’t hang and crash, the fans are working overtime. My former housemate competes in something called “power racing,” where she builds small vehicles propelled by lawnmower engines. She has to be careful when she drives: juice her machine too hard and the engine might melt. There are always complications when a tool designed for one task is repurposed for another.

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An illustrative example.  Photo credit: the Vulture.

As for our brains, our chauvinism is innate. Psychology journals are full of evidence of this, especially in the older issues, back when rampantly unethical experimental design and the consent-less manipulation of children were seen as permissible in the name of science. A week-long camp with children partitioned into two animal-themed teams is enough to instill a powerful sense of jingoism. Even a classification as arbitrary as falsely purporting that a child over- or under-estimates the number of dots on a screen is enough to trigger a narrowing of moral concern to the child’s own kind.

9781627796330And yet: empathy can be learned. Charles Foster’s Being a Beast is a lively demonstration. Foster is a trained veterinarian and ethicist who sought an understanding of the inner lives of animals. In Being a Beast, he documents the months he spent scavenging urban trash like a fox, shivering in winter rivers like an otter, huddling alongside his middle-school-aged son in a hillside burrow like a badger, and chasing after migratory swifts.

Though living as a badger sounds ridiculous, the success or failure of Foster’s project has serious implications. If learning to empathize with someone whom we’ve been taught to view as other were extremely difficult, we might resign ourselves to a world in which no one who brandishes the slogan “all lives matter” could ever understand the fear of black parents that their children might be killed by officers sworn to protect them. Justice, though necessary, might never gain popular support.

No person is more other than an animal. If Foster can understand how it feels to be a beast, then we must all have it in us to offer justice to our fellow humans.

Alarmingly, Foster perceives his project as having failed. In a passage on river otters, Foster dismisses his efforts brusquely:

otterAnd, knowing that the cold, and that urgent calorific imperative, sends otters wandering even more widely, I’ve tramped and tramped the riverbanks and the watersheds, trying to feel in touch with them – or in touch with anything outside myself. I’ve failed.

But Foster, who suffers from depression, is not to be trusted as to the quality of his own work. Like all depressed people, he can malign himself cruelly where congratulations are due.

Foster’s project did not fail. For one, he created a compelling work of art. I laughed aloud at his description of otters as frenetic killing machines. And his experience of empathizing with swifts, a type of bird, is deeply poignant:

tachymarptis_melba_-barcelona_spain_-flying-8I’m best at being a swift when I’m on the ground. At least then I can see and smell the source of the air rivers the swifts are fishing, hear the thrum next to my ear of the wasp that will be broken three hundred yards up, and slap a fly on my arm at more or less the same speed as the swift’s stubby neck would turn and its mandibles close on it.

Most importantly, he was able to overcome all the years in which he’d trained his mind to see badgers, otters, and birds as inescapably other:

badger_odfw_2But species boundaries are, if not illusory, certainly vague and sometimes porous. Ask any evolutionary biologist or shaman.

It is a mere 30 million years – the blink of a lightly lidded eye on an earth whose life has been evolving for 3.4 thousand million years – since badgers and I shared a common ancestor. Go back just 40 million years before that, and I share my entire family album not only with badgers but with herring gulls.

All the animals in this book are pretty close family. That’s a fact. If it doesn’t seem like that, our feelings are biologically illiterate. They need reeducation.

Foster changed his life in a way that proves his project succeeded. He was an avid hunter through his youth and young adulthood but writes that, because of this experience, “I’ve put down my guns and taken up my tofu.” He was willing to give up his own pleasure once he convinced himself that the animals he hunted were unique individuals with their own wants and desires. He was willing to make personal sacrifices because others’ pain no longer seemed so different from his own.

We can overcome the reflexes of our minds.

neilLuckily, it seems to require fewer heroics to successfully empathize with another human than Charles Foster employed in his efforts to understand animals. We need not scuttle naked through the woods, defecate outdoors, ask someone to chase us with a pack of hunting dogs. If all you’re after is empathy for other humans, it seems that reading will do. Reading in general, and especially the reading of emotionally-engaging fiction, makes people more empathetic. In The View from the Cheap Seats, Neil Gaiman speculates that this transformation occurs because “you get to feel things, visit places and worlds you would never otherwise know. You learn that everyone else out there is a me, as well. You’re being someone else, and when you return to your own world, you’re going to be slightly changed.”

It might take nothing more than great literature – including, perhaps, Charles Foster’s Being a Beast, alongside The Invisible Man, The Bluest Eye, A Naked Singularity, The Beast Side, and the works cited in Justice Sotomayor’s Strieff dissent – for Trump’s supporters to be pained by our nation’s shameful treatment of minorities. The incarceration crisis, the education crisis, the police-murdering-people-in-the-streets crisis. Perhaps books could engender the political will needed to overcome injustice.

(Lest I sound too blithely hopeful, I should probably mention that reading in this country, especially reading fiction, has been on a steady decline for years.)

On attending a Black Lives Matter rally with dreadlocks.

On attending a Black Lives Matter rally with dreadlocks.

My family stood at the edge of Bloomington’s Black Lives Matter rally. We’ve purchased sound-dampening earmuffs for both kids, our two-year-old and our two-week-old, but in the minutes before we drove to the courthouse, our two-year-old was experimenting with flexibility. She bent our infant earmuffs backward. The plastic headband snapped. It was a short experiment.

As with many friends’ experiments during graduate school, this one ended in tears.

It’s okay,” we told her. “It’s just a thing. Things break. You didn’t know. But no one was hurt. We feel sad, and you shouldn’t do it again, but we can fix this. We can get new ones.”

Not right away, though. Which was why we stood at the very edge of the protest, so that the PA system wouldn’t hurt our infant’s ears. Hearing is a fragile thing.

My wife wore our conked-out baby in a rainbow-patterned ring sling, one hand covering his exposed ear. Our toddler was strapped to my chest while I swayed from side to side, hoping she’d stay calm.  She did a great job all evening — much better than, say, the gaggle of kids whose parents were letting them play cops and robbers, dashing around, shouting, and holding out sticks as guns.

We were listening to a speaker during the open mic when a young woman, maybe high school or college aged, walked over to talk to me.

I don’t mean to offend you or anything,” she said, “but I wish you would think about what it means for a white person to come to a Black Lives Matter event with his hair in dreadlocks. Because it’s a rude form of cultural appropriation.”

I gave her a wan smile and said, “Okay.” At which point she walked away.

Sadu_Kathmandu_Pashupatinath_2006_Luca_GaluzziIt’s true that many cultures across the world encourage renunciants to wear their hair in matted locks — Shiva’s avatars have dreadlocks, as do his human worshipers, as did some Israelites and early Christians, with Samson being the most famous of these.

It wouldn’t have helped to say this — that event was not the place for a discussion of the cultural significance of hair.

tumblr_o9fqij2ghp1rfzkb3o1_540It’s also true that I devote a significant portion of my time to our broken criminal justice system — sending books to inmates, teaching classes at the local jail, and managing a correspondence writing program for prisoners — and my primary motivation for undertaking this work was a sense of disgust at our nation’s rampant racial injustice. I try to address these issues in my own writing as well.

It wouldn’t have helped to say this — like all people, I could do more. And no matter how much work I do to improve the lot of others, I know that I’ll be safe driving home.

It’s also true that the human tendency toward tribalism — which improved the chances that a bearer’s genes would flourish throughout humanity’s long evolutionary history — is a failing that the Black Lives Matter movement is pushing back against. The wants and needs of our genes are not in our best interest. Men should care for their families, women should be safe from sexual assault, children should be loved from the beginning of their lives. But these strictures jar against our instinctual urges.

We should treat all people fairly, not just those whose appearance reminds us of ourselves. In contemporary society, superficial resemblance doesn’t even correlate with genetic similarity. For most of our evolutionary history, we had no airplanes. But good luck getting your DNA to understand that.

Thousands of years of evolution shaped us into creatures who are reflexively kinder to people who look like us. We are also reflexively kinder to those whose faces are more symmetrical. But this is biology, not morality. We have minds; they give us a choice. We can — and must — push back.

1_Year_Commemoration_of_the_Murder_of_Michael_Brown,_the_Ferguson_Rebellion,_&_the_Black_Lives_Matter_uprising._(20426285322)

It wouldn’t have helped to say this — even at the edge of the event, it was loud enough that my monologue about evolutionary biology would have come across muddled and incomprehensible.

It’s also true that I hardly wanted to be there, at the rally. I’m nervous around crowds. It’s difficult to get a toddler and a two-week-old out of the house. But our going meant four more people in the square. The high schoolers who organized the event — and all the people who have died — deserved to have as big a crowd as possible. In a town where dreadlocked white people live, we needed dreadlocked white people to be there. We needed everyone who could to be there.

It wouldn’t have helped to say this — it’s not right to castigate someone who’s in pain.

Despite my empathy, her pain is something I cannot fully understand. When I see black lives undervalued — another senseless murder in the news — I hurt because it could be my friends. For her, the young woman who spoke to me, it’s worse. It could be family. She could be next.

I am sorry she felt hurt. I hope she knows I value her.

On killer cops and killer prosecutors.

On killer cops and killer prosecutors.

At Bloomington’s Black Lives Matter rally (organized by high school students!), I walked by an older man holding a Sharpied sign with “START PROSECUTING KILLER COPS.” I nodded at him and smiled. My daughter, riding on my chest in a giraffe-patterned carrier, craned her neck to see what I was smiling about, then tucked her head back in to sleep.

I considered enjoining the man for a brief political conversation, but the rally was crowded and at that moment a loud band was playing on the soundstage. So I left it at a smile.

But I feel that a somewhat more alliterative sign, “START PROSECUTING KILLER PROSECUTORS,” would send a more powerful message.

Rightly or wrongly, police officers are often sincerely fearful during the events that end in tragedy. Our nation is awash in guns, and it takes very little time for an officer to get shot.

Not that I think police officers shouldn’t be held accountable. They should. There’s no excuse for shooting an unarmed, fleeing man in the back. And if you’re so fearful that you shoot a man who’s simply reaching for his wallet — which you asked him to do — you’ve probably chosen the wrong career. But it’s worth acknowledging that our society is so permeated with racism that even good cops, even good black cops, react more quickly and more violently when dealing with young men of color.

Police officers shouldn’t murder innocent people. When they do, there should be consequences. But — and this is my contention with the man’s sign — when police officers do it, they act quickly. Decisions are made in seconds, or fractions of seconds.

When officers shoot people, they may very well regret their decisions a moment later. Whereas our nation’s racist prosecutors are killing innocent people — or sending innocent people to prison for egregious lengths of time — in cold blood.

Each day, each month, each year, or each decade, in some cases, a racist prosecutor could reconsider. Unlike a fearful cop reacting wrongly, a prosecutor who buries exculpatory evidence, who offers black men wretched plea deals in comparison with equivalent white offenders, who knowingly pursues false charges, is acting from a position of safety.

This requires a conscious, continually-renewed commitment to do evil.

Black lives matter, and it’s horrific to look at the news again and read about another person slain by the police. I agree.

I just worry that the problem is like an iceberg. The people killed by the police are now-visible evidence of our nation’s failings. But the problem is far bigger than hundreds of young black men killed by police officers each year, the dozens of unarmed young black men killed by police officers each year. We should all feel disgusted. I did smile at the man with that sign, after all. But far more young black men have their lives taken away by racist prosecutors. I don’t just mean the few who have the misfortune of interacting with the prosecutors and judges who seek the death penalty avidly and exclusively for young men of color. Sending someone who shouldn’t be there to prison — yanking him from his family for ten, twenty, thirty years — is a significant fraction of a murder.

Some of these young men have violated some law or other. Prosecutors quell sympathy for their victims by labeling them “criminals.” But these young men have often violated our nation’s vicious tangle of laws no more egregiously than white people, yet they suffer disproportionately.

And the degree to which they suffer is the prosecutor’s undocumented choice. One of my friend’s roommates ran into legal trouble — he’s squeezed between poverty and addiction and made a night’s worth of rotten choices — so she called the prosecutor and said, “I’ve looked over the charges you filed and noticed you included ‘Assault on an officer,’ but that didn’t happen, and I have a copy of the police report here…” She was cut off. She was told, “The police file their report, but, when it comes to the legal charges, we decide what to include or not to include.”

Reality has little bearing until a trial.

But most cases don’t go to trial. It takes gutsy brinkmanship to risk it, given the absurdly long sentences that prosecutors can pursue. And if you ever accept a plea deal, then next time they’ve really got you. Now you’ve got priors.

And it’s always the prosecutor’s choice.

I, too, have broken laws. But I was given a second chance where others were not, solely because of the way I look.

Young men murdered by the police should make headlines. Their lives should be remembered. I simply wish that it were easier for us to also celebrate those whose lives were stolen by prosecutors.

Better yet, set them free.