Wednesday, April 29, 2015

Ohio AG's report on police training


REPORT OF THE OHIO ATTORNEY GENERAL’S ADVISORY GROUP ON LAW ENFORCEMENT TRAINING

Hal Pepinsky, pepinsky@indiana.edu, “peacemaking” at pepinsky.blogspot.com

April 29, 2015

 

                I recommend reading the report Ohio Attorney General Michael DeWine released today by his Advisory Group on Law Enforcement Training Group at http://www.ohioattorneygeneral.gov/Files/Briefing-Room/News-Releases/OPOTA/2015-LETAG-Report-Web-and-Press-Release.aspx . Recommendations coming from the subcommittee on community relations are a refreshing response to the problem of police violence in communities of color, summarized as follows at p. 6:

After reviewing currently available training, the Community Relations Subcommittee felt that

additional training on subjects such as implicit bias and procedural justice should be developed and offered to all officers in Ohio. The Subcommittee, as well as the full Advisory Group, spent considerable time discussing police relations in Ohio's African American communities. Training initiatives should not ignore this critical component. In addition to the training review, this subcommittee discussed the need for every agency to become more active in their community by fostering programs that increase positive, non-enforcement related, police-community interactions (my emphasis).

 

                I’m encouraged to see this move beyond the mindset of discipline, punishment and surveillance to bridge the dehumanization that “broken windows” law enforcement has reinforced.  Love and peace, hal

breaking out of "broken windows" policing


BREAKING OUT OF “BROKEN WINDOWS” POLICING

Hal Pepinsky, pepinsky@indiana.edu, “peacemaking” at pepinsky.blogspot.com

April 29, 2015

 

                The following abstract has been accepted for presentation at the annual conference of the European Group for the Study of Deviance and Social Control in August.   In Baltimore, in Ferguson, in New York, in Cleveland…, police killings of unarmed people of color are a manifestation of the problem of “proactive” policing that has been made worse by the way police have come to measure their performance as crime fighters, by increasing public order and drug arrests while reporting fewer Index crimes (as monitored by the CompStat system originating in NYC), used as evidence that “broken windows” policing reduces crime—where police meet community members as criminal suspects and as suspect complainants, a threat at worst and a nuisance at worst.  It is a problem of police and community members knowing one another as stereotypes rather than for real, in their fuller humanity and individuality.  Hence, this abstract:

 

RELAXING THE GRIP OF “BROKEN WINDOWS” POLICING

Hal Pepinsky, pepinsky@indiana.edu, pepinsky.blogspot.com

For presentation at European Group for the Study of Deviance and Social Control conference

Talinn, Estonia

2015

 

Abstract

 

                What in the sixties was called “pro-active policing” in the US has become institutionalized in policy as “broken windows” policing, supported by CompStat-inspired boosts in stops, frisks and arrests paired with pressure not to report Index offenses, touted as evidence that broken-windows policing works.  It is not only that police become more aggressive, more dangerous in action.  Simultaneously, they have become more prone to inaction when it comes to responding to calls for assistance, let alone to reporting crimes.

                Homicides are but a symptom of the primary source of excessive police violence in communities of color: the police don’t know the people they police other than as suspect and disorderly, while people of color know police as threats.  This is not a new problem; technology has reified police stereotypes on one hand and has brought police violence into public view on the other.

Here I explore ways in which community service and being hosted in community projects and at community events and meetings could be sought out by police forces, both in training and then interwoven into patrol hours, of how these activities could be recognized administratively, as a way of making police and community members feel safer together, and of police getting recognized for service greater than law enforcement, to relax the grip that broken-windows theory holds on policing in communities of color, that black and brown lives may matter more, and that making crime statistics look good may matter less.

 

Friday, April 24, 2015

A Case of Prisoner Re-entry


A CASE OF PRISONER RE-ENTRY

Hal Pepinsky, pepinsky@indiana.edu, “peacemaking” at pepinsky.blogspot.com

April 24, 2015

 

                I started corresponding with a prisoner more than a decade ago.  He was in the Indiana Security Housing Unit—the super-max prison--in Carlisle, ten miles south of the federal death house in Terre Haute, where he had stabbed a guard.  He has shared a great of his life with me.  From an angry victim of sexual assault by his father who also beat his mother, he became a self-educated adviser to other prisoners, a counselor for non-violence, respected by staff.  Shortly before his transfer last year to a transitional unit at the privatized prison in New Castle, he asked to see a guard he had stabbed in 2001, apologized, apology accepted.  He is finishing his GED.  He is due for release in less than two years, having served twenty.  He plans to return to Elkhart, where he and his family lived when he was arrested, and is in touch with the Mennonite Community Center’s coaching program for newly released prisoners.  He is estranged from his siblings.  Under the circumstances, he is doing the best he can to prepare for successful release.

                Now that he is in New Castle, I use www.jpay.com, newly acquired by Securus Technologies, the largest private, for-profit contractor with prisons and jails across the country.  Snail mail is still easier for him.  Recently I sent him an abstract I submitted to a conference, proposing that in training and at work, police ought to spend time with those they (will) patrol at community events and in community projects, to get to know each other, as Nils Christie advocated (Limits to Pain, 1981), “in many respects,” rather than as stop-and-frisk suspects (a proposition laid out also in this blog, Jan. 25, 2015, “Peacemaking Policing Made Real”).  My black friend responded both with anger, and with fear of what police may do to him when he is released.  Here is a copy of my attempt to reassure him:

 

  Thanks for your letter of April 19.  You ask, "How do you get others on board?"  The answer is that no one person--top, bottom or middle--creates a change like this...and yet, each of us who relates with others, who in Buddhist terms is peace in his or her relations is part of the force that builds that change, not only in ourselves but in the lives others we meet live in their other relations.  Why do so much to accomplish what takes lifetimes beyond our own to make for instance a  national difference in how police relate with brown and black folks?  Because it makes a difference in one's own relations in one's lifetime, like yours with prisoners and staff who give you respect and appreciation for rising above the violence you have endured, and the anger that has made you lash out yourself.  You are strong.  If you can learn to get respect from the police in the SHU, you may get hassled by the police on the street, but you won't get hurt or busted anywhere.  And in your own neighborhood, wherever that is, you'll soon gain the respect of the police on the street.

  The police violence against black and brown people that the public sees today is as old and outrageous as law enforcement itself in the US--not worse than before, just more visible.  So, too, is the reality I saw on patrol 40 years ago that many police never draw guns throughout their careers, and that many cops almost never resort to physical force.  When I start writing about a change like working neighborhood service and get-togethers into police training and patrol, I often begin to find examples to cite.  In my writing and my relations, I, like you in your relations, can only sow seeds of change in an institution like policing in black and brown neighborhoods, but doesn't it pay off in the quality of your life today as in mine?  love and peace, hal

 

                Back in 1980 when I wrote Crime Control Strategies, I proposed framing the problem of reducing recidivism as “making the community safe for the offender.”  Whatever threat police may pose to members of communities of color in general, the threats to those known by police to have criminal records are greater still.  It is ironic that the strength and support, the commitment to non-violence and respect, that my friend has managed to gain while in isolation in a super-max prison has reduced the threat he faces of police violence.  My friend Billy reinforces my belief that building safety and security in our relations and a commitment to non-violence can begin anywhere, despite the violence of the institution in which it occurs.  Love and peace, hal

Monday, April 6, 2015

Peacemaking for Homeboys


PEACEMAKING FOR HOMEBOYS

Hal Pepinsky, pepinsky@indiana.edu, “peacemaking” at pepinsky.indiana.edu

April 6, 2015

 

                The latest broadcast of “On Being” (http://onbeing.org/program/father-greg-boyle-on-the-calling-of-delight/5053) is Krista Tippett’s interview with Jesuit priest Greg Boyle, who describes Homeboy Industries, and the former gang members, many out of prison, employed in Homeboy Industries in Los Angeles.  The interview begins with Krista Tippett asking Father Greg to describe his early efforts to forge treaties among gangs in the area, which Boyle frames as his failed attempt at "peacemaking,” as treaties were routinely broken.  Beginning with a bakery, the non-profit bakery has become an incubator for enterprises catering especially to gang members leaving prison.

                I am reminded of Edwin’s Café (http://edwinsrestaurant.org/?gclid=CjwKEAjw3YipBRDL2bHhjLmFkQsSJADtzktjIBzQAufnexMHgv9GbSawz07QPF2AS2LMoV8y94px0RoC03rw_wcB) outside Cleveland, created by a chef who is an ex-prisoner, which trains people out of prison in culinary arts, restaurant management and now in sustainable agriculture; reminded of the fact food services have been an avenue from prison to the free world, and so have food and other micro-services, notably in restaurants and bakeries, across the country.  With all the occupational barriers to employment for those who have been incarcerated, it is ironic that the avenue open widest for ex-prisoners is to pay them for the food they create, customers trusting that what they sustain themselves with is safe and healthful.

                I am reminded, too, of a utopian vision I wrote in Paul Jesilow’s and my Myths That Cause Crime 30 years ago (http://critcrim.org/?q=article/myths-cause-crime-free-download , p. 190):

 

   Prison industries could be democratic, worker-owned enterprises including, as board members, other groups such as guards and crime victims. Worker-owner prisoners could leave prison belonging to the same enterprises extending into the free world. For instance, make a product in prison, and worker-owner prisoners could market the product upon release. Prisoners could own and be responsible for the major sources of their livelihoods inside and then outside prisons. They could share profi ts and business decisions with their guards and their victims in the process. As I see it, if and when such co-operation happens, there is no question whether it will work. The political challenge is whether powers that be dare try.

 

                That would be utopian.  Father Greg and others have created communities of employment and care that make peace with ex-prisoners and gang members real.  I’m sending this post to Fr. Greg and to Krista Tippett to suggest that Fr. Greg has not turned away from peacemaking.  He has turned from trying to make peace among gang members by getting them to stop violence in a way that created failure, by attracting them instead to a place of loving, mutual acceptance and respect.  He has turned from imposing a regime to creating what Lloyd Ohlin called a legitimate opportunity structure.  To my mind, peacemaking embraces the possibility of creating safe community—even as one trusted friend to another—as an alternative for victims of violent circumstances to find security.  To continue stuck on a path to making peace treaties enforceable was generating its own disorder.  To be responsive enough to failure on one path toward peace to respond in another direction is peacemaking itself—in the case of Homeboy Industries, peacemaking that works.  Father Greg, I’d say you have let the spirit of peacemaking lift you out of determination to impose peace.  Hearing you is a treat.  Love and peace, hal

Monday, March 30, 2015

The Punishment Can't Fit the Crime


THE PUNISHMENT CAN’T FIT THE CRIME

Hal Pepinsky, pepinsky@indiana.edu, “peacemaking” at pepinsky.blogspot.com

March 30, 2015

 

                I have been struck by a wave of proposals in recent weeks to reduce the length, and to drop mandatory minima altogether for federal crimes, to offset the world-leading terms of incarceration US courts impose.  Indeed, length of incarceration is the major distinguishing factor in accounting for what we now call “mass incarceration.”  Yesterday, Scottish criminologist Fergus McNeill sent a proposal to mitigate length of sentence in the UK (http://www.offendersupervision.eu/blog-post/release-retribution-and-risk ), inviting response.

                I was moved to look back to a chapter I drafted in a book Paul Jesilow and I first published just 30 years ago, Myths That Cause Crime.  Paul and I donated the images to the American Society of Criminology’s Critical Criminology Division (a free download, thanks to Ken Mentor, at http://critcrim.org/?q=article/myths-cause-crime-free-download .  Paul drafted the foundational chapters in the book that laid out that laid out the double standard we apply to white-collar crime to street crime, and the biases in theory, measurement, and stereotypes that follows.

                My attention was drawn back to Myth 9 (of 10): “The Punishment Can Fit the Crime.”  It is a short read (pp. 116-126), but to me on re-reading, it more sharply and succinctly accounts for why I abandoned the idea of trying to make punishment work than in all the years I have criticized returning violence with violence since: the inherent absurdity of making the punishment fit the crime, and of claims to deterrent effects of widespread, systematic punishment.  If punishment works, it certainly can’t be because the punishment fits the crime, or because deterrence is working more than episodically, in spite of the punishment itself.  To those who say offenders have to have consequences because nothing works better than punishment, I ask:  Who’s utopian?  Who places blind faith above reason?  Love and peace, hal

 

A note:  With thanks to Ken Mentor for putting them on the web, I have also donated several other volumes to www.critcrim.org .  Besides Myths That Cause Crime under the “Articles” tab, they include the late Little Rock Reed’s The American Indian in the White Man’s Prison (an outstanding collection of writings by Native North American prisoners, 1993), and A Criminologist’s Quest for Peace (2001; chap. 1, “Living Criminological with Naked Emperors,” is my critique of COMPSTAT, for instance), where I weave a series of previously published works together), and my first book Crime and Conflict: A Study of Law and Society (1976; essentially an argument for the limits of the rule of law).  All are free downloads, for any use including in the classroom.  L&p

Friday, March 20, 2015

The Arrogance of the US


THE ARROGANCE OF THE US

Hal Pepinsky, pepinsky@indiana.edu, “peacemaking” at pepinsky.blogspot.com

March 20, 2015

 

                If I were teaching my course on violence and peacemaking today, I would be giving priority to showing and discussing today’s “Democracy Now!” interview with Ecuadoran Foreign Minister Ricardo Patiño (http://www.democracynow.org/2015/3/20/ecuadorean_foreign_minister_the_united_states?autostart=true).  Interviewed by Juan Gonzalez and Amy Goodman, Patiño gave a succinct, plainly spoken lesson on US overthrow of democratic regimes in Latin America and in the IS war zone, to support economic exploitation.  He explains the multinational Latin American call for the US to rescind economic and travel sanctions newly added to US attempts to overthrow the democratically elected government of Venezuela.  He recounts our overthrow of the Iraqi government in 1991, based on a lie that Iraq had “weapons of mass destruction”; when asked he diplomatically acknowledges that control of oil in the region might be an underlying motive for our military history there.

                When asked about the recent International Court of Justice civil arbitration award to Ecuadoran citizens harmed by Chevron’s history of oil dumping, he pointed out that the ruling superseded the agreement made by an undemocratic government that his government represents.  It also departs from  an earlier ruling by a US court in favor of Chevron.

                When asked about the Ecuadoran government’s grant of diplomatic asylum to Wikileaker Julian Assange, and the Swedish government’s decision to send prosecutors to the London embassy to interview Assange before the statute of limitations on sexual assault charges runs out, Patiño welcomes them, noting that he wishes Swedish prosecutors had accepted Ecuador’s invitation to do the interview when the evidence was fresh, rather than waiting 1.000 days to ask for an embassy visit.  He also defended Ecuador’s decision to grant Assange asylum as a protection of free speech, a freedom respected by his government.

I wish all schoolchildren, let alone older students who discuss current events could have a class period to play and discuss this 30-minute segment.  And in my class, I would open discussion with the question:  Why should anyone trust the US to do anything but set up governments that will let us exploit them for US corporate gain?  Love and peace, hal

Tuesday, March 10, 2015

US war policy


US WAR POLICY

Hal Pepinsky, pepinsky@indiana.edu, “pepinsky” at pepinsky.blogspot.com

March 10, 2015

 

                It is ironic to hear US UN Ambassador Samantha Power berate Europeans for not increasing their military spending just after President Obama’s memorialization of the Selma marchers led by Martin Luther King, Jr., a follower of Gandhian non-violence (on BBC World Service “News Hour,” http://www.bbc.com/news/uk-31813490 ).  Power demands a unified, Euro-North American, response to Islamic terrorists worldwide.  Hers is an unqualified call to greater global war, led by the US with whomever we adopt an alliance of convenience.  On the BBC as in the US, we are fed little short of news of an occasional tactical victory against the IS.  Our only principle is that the IS is a land of people whose violence is uncivilized, and hence merit nothing but “degradation and destruction” by bombardment, by which we have achieved a remarkably high kill ratio, thanks to our wealth and technological advancement.  Our moral entitlement to be the superior killer aside, it does everything to confirm that we are a devil of an enemy of unprecedented global proportions, from Ukraine to Afghanistan most of all.  To many no doubt, it just goes to show that we are indeed the Great Satan, and to lend support those who would make us feel the terror and destruction we inflict upon them.  That makes me as an American feel more vulnerable, let alone misrepresented.  The military restraint the Europeans are showing is a tribute to the common defense of those who would shed their image as colonizers, a tribute to their will to make peace rather than war, paired with a priority for domestic public investment.  We ought to be following their lead, not proclaiming ourselves to be the world’s no. 1 public god of death and destruction.  If nothing else, they’re being practical about national security, while we’re giving ourselves cause for more insecurity.  Love and peace, hal