Categories
Cover Feature News

How Do We Fix the MPD?

On July 27, 2023, the Department of Justice opened a civil rights investigation of the Memphis Police Department. Although the investigation comes six months after the beating death of Tyre Nichols at the hands of the MPD, U.S. Assistant Attorney General Kristen Clarke said the investigation was not prompted by any single incident, but rather by multiple reports of violence and racism which suggested fundamental problems with the department’s standards and practices.

“It can’t be overstated how important it is, and what a critical opportunity this is for our community,” says Josh Spickler, founder of Just City, a nonprofit devoted to criminal justice reform.

Around the same time the DOJ announced its investigation, the Tennessee Bureau of Investigation released its 2022 crime report, which breaks down all reported crimes and arrests in each jurisdiction. As reported in “What’s Wrong With The MPD?,” the previous Memphis Flyer story in this series, MPD’s 2021 clearance rate, the ratio of crimes reported to arrests made, was 22 percent. In 2022, it fell to 18 percent.

Josh Spickler (Photo: Andrea Morales for MLK50)

Clearance rates have been falling across the country for years. In 1960, the national clearance rate for murder was higher than 90 percent; today, that number is just over 50 percent. The Nashville Metro Police Department’s 2022 clearance rate was 25 percent.

Even so, the MPD’s ineffectiveness, as measured by their own standards, is shocking, especially given that the police department’s $284 million budget represents 39 percent of the total city budget. “If we talk about the basics of government function, which our current mayor does quite a bit, one of the basic responsibilities of a police department is to try to solve crime. Eighty-two percent of the time, they’re failing to do that,” says Spickler. “Hopefully we will have some really frank conversations about the results of the [DOJ] investigation. We have to have accountability for this police department because that’s what leads to trust. Trust leads to solving crimes, which leads to this clearance rate going up, which leads to people who commit crime and harm us being held accountable. That’s what we all ultimately want.”

Renardo Baker, far right, executive director of I Shall Not Die But Live! and his Memphis Allies SWITCH (Support With Intention to Create Hope) team. They are the newest ally organization — joining LifeLine to Success and Neighborhood Christian Centers — fielding SWITCH teams alongside Youth Villages. Baker’s group launched Memphis Allies work in Orange Mound. (Photo: Courtesy Youth Villages)

Guns Everywhere

When you talk about crime in Tennessee, guns are the elephant in the room. According to the Memphis Shelby Crime Commission, gun-related violent incidents have been climbing steadily since 2016. So far this year, gun crime is up 11 percent over 2022.

Guns are everywhere in Tennessee, and that’s how the Republican supermajority in the legislature likes it. In 2021, the Tennessee State Legislature made it legal for almost anyone to carry a firearm without a permit. After the March 2023 Covenant School shooting in Nashville, where a former student killed three children and three teachers with a legally purchased AR-15 assault rifle, a student-led protest movement urged the legislature to pass red flag laws, which would allow authorities to confiscate guns from people who are deemed dangerous to themselves or others. When Democratic state representatives Justin J. Pearson, Justin Jones, and Gloria Johnson brought the protests into the House chamber, the Republican supermajority responded by expelling Pearson and Jones, both of whom are Black. (Johnson, who is white, missed expulsion by one vote.) President Joe Biden called the expulsions “shocking, undemocratic, and without precedent.” Both Pearson and Jones were easily reelected to their seats earlier this month in time to participate in a special session called by Governor Bill Lee, ostensibly to address the state’s exploding epidemic of gun violence.

“The erosion of our protections from gun safety legislation has led to a direct increase of the number of funerals of children that we go to and the number of people in our community who are being killed because of gun violence,” says Pearson. “Gun violence is the number-one killer of children because of the decisions of the Tennessee state legislature that invoked permitless carry and that have put the values of the Tennessee Firearms Association, American Firearms Association, and the National Rifle Association over the lives of people.

“We need to have more laws that protect kids, not guns,” Pearson continues. “We need laws such as extreme risk protection orders that take guns away from people who are domestically abusing their spouses. We need laws that strengthen background checks to make sure people who are getting access to guns who shouldn’t have them no longer have them. We need to be able to track where these guns are coming from and how they are getting into our community. Memphis doesn’t have any gun manufacturers, yet we have this extreme amount of gun violence. We need to figure out why that is and who is proliferating and profiting off of the pain and suffering we are experiencing.”

Recent proposals before the city council would repeal permitless carry in Memphis and ban the sale of assault rifles. Many assume that if these proposals passed, the Republican supermajority in the state legislature would simply preempt them. “In fact, our racist Speaker Cameron Sexton said that he was an ‘overseer’ to more progressive cities,” says Pearson. “The reality is, we are always going to be facing the issue of preemption. Our state legislators who represent Memphis and Shelby County, they’re going to have to start standing tall and speaking up and using their voices.”

Pearson says the Black communities in Tennessee are disproportionately affected by gun violence. Twelve percent of Tennesseans are Black, but they represent 38 percent of crime victims in the TBI report. “I buried a friend this year,” says Representative Pearson. “Last year, I buried a mentor who died from gun violence. This is not normal.”

Daniel Muhammad, of the National Institute for Criminal Justice Reform, leads a training for Memphis Allies staff. (Photo: Courtesy Youth Villages)

What Won’t Work

Is the solution to Memphis’ crime problem simply to hire more police officers? “There is evidence that the presence of police has an impact on crime, which feeds this [faulty] argument that we just need more of ’em,” says Spickler.

While people are less likely to commit crime in the presence of a police officer, the assumption that a bigger police department leads to safer communities does not hold up to scientific scrutiny. A meta study published in the August 2016 Journal of Experimental Criminology collected all available data about police force size and crime rates from 1968 to 2013. The researchers found that “The overall effect size for police force size on crime is negative, small, and not statistically significant,” and that “Changing policing strategy is likely to have a greater impact on crime than adding more police.”

A just-published report from Catalyst California and ACLU of Southern California crunched data on sheriff’s offices throughout their state. “A common, long-held belief is that communities need to greatly invest in law enforcement — rather than other potential safety solutions — to prevent serious violence from occurring,” the authors wrote. “This ‘tough on crime’ approach views law enforcement as the primary (if not sole) solution to protect community members from heinous harms like homicide, robbery, and assault. It presumes that law enforcement agencies significantly focus their efforts on responding to calls for help (e.g. 911) from community members in imminent danger, and that their actions are an effective means of harm prevention.”

Instead, the study found that California sheriff’s departments spent very little time actually responding to calls for help. In Los Angeles County, only 11 percent of deputies’ time was spent on “service calls.” The rest of the time was spent on traffic stops, two-thirds of which were non-moving violations used as a pretext to search for drugs and weapons.

While this study did not cover Tennessee, it is consistent with a larger pattern in modern policing. The incident that ended in Tyre Nichols’ death began as a pretextual traffic stop by the MPD’s SCORPION unit. “The reality is that things like ‘jump out squads’ have been happening in communities, especially poor communities of color, for generations,” says Spickler.

“Fundamentally, we have to rethink the Memphis Police Department,” he says. “I think that it needs to be replaced with something broader than a police department — something more along the lines of an office of public safety that includes not just armed people in cars patrolling, but also people who can be responsive to some of the drivers of what people think of as crime but are really more nuisances or public health issues.

“Administrative things like traffic and car tags, mental illness, homelessness — those are all things that we can respond to in another way. It will keep us from having things like Tyre Nichols or the many, many other use-of-force incidents we’re familiar with. This department needs to essentially go away and be rebuilt and rebranded as something different than an occupying force that is out there trying desperately to do something about crime. It’s no knock on the people out there trying, wearing the badges. That’s an impossible task. Let’s give them a job that they can accomplish instead of just sending them in to fail.”

Signs of Hope

K. Durell Cowan knows the effects of injustice first hand. In 2010, his uncle died in police custody in Richmond, Virginia. In 2015, a friend asked Cowan to give him a ride. The friend had just been robbed, and Cowan says, “He ended up seeing the guy who actually robbed him that day, and [my friend] killed him. Just because I’m a big Black guy in Memphis, no one would believe that I had no involvement in the thing. I was charged with first-degree murder.”

K. Durell Cowan (Photo: Courtesy Heal 901)

Cowan avoided serious jail time, but he lost his job as an office manager. His life in ruins, “I was admitted into two mental hospitals in Memphis. In the middle of a mental episode, a voice came to me and said, ‘If you had another chance in life, what would you do?’ … Heal 901 was created from taking my pain and turning it into power.”

Heal 901 began by feeding the homeless and bringing social services to people who could not access them. In 2019, a brawl erupted at a basketball game between Westwood High School and Fairley High School. In the aftermath, Cowan stepped in to mediate between the feuding groups. The experience inspired him to expand his conflict-resolution efforts to the streets of South Memphis. “We look at gun violence at Heal 901 as a public-health issue, understanding that guns are readily available, and that we have been desensitized when it comes to the value of life.”

Heal 901’s crew of violence interventionists are drawn from “those who have been part of the justice system,” Cowan explains. “We give them the opportunity to go and fix the same neighborhoods that some of them played a part in destroying. We work closely with the Shelby County Office of Reentry, Probation, and Parole to find qualified candidates to go out and do this work. … My staff walks into an environment where people are walking around holding AR-15s, AK-47s, long guns, short guns, extended high-capacity magazines. And they’re out there with nothing but a cell phone.”

Heal 901’s current target area is the New Horizon Apartment Complex at Winchester and Millbranch. “It doesn’t take a rocket scientist to know that when you hear loud yelling and commotion, those verbal altercations lead to physical altercations, which lead to gun violence. That’s the flow; that’s the formula. You have to interrupt as soon as you hear the chitter-chatter.”

The interventionists defuse volatile situations. “You tell them that you care about them as an individual, to take the time to help them associate themselves with reality. Like, hey, this is probably not the best move when you got children who depend on you. Gun violence is not something that takes a long time to do. It takes less than three seconds to pull a gun and pull the trigger. So you have to intervene quickly and have someone thinking of something else before they make that decision. Because it’s now to a point that people are reacting with these weapons.”

Susan Deason (Photo: Courtesy Youth Villages)

Susan Deason is executive director of Memphis Allies, an initiative that was launched by Youth Villages in 2021 to reduce gun violence in Memphis and Shelby County. She says, “This is a collaborative initiative that engages multiple other organizations in addition to Youth Villages to serve those at highest risk for involvement with gun violence and to provide services to those individuals to change the trajectory that they have been on previously.

“We serve individuals anywhere from the ages of 12 to 30 and above. There’s a few criteria we look at, and of course you also have to get to know the individual to understand their particular circumstances. But typically it would be somebody who does have an extensive history with the legal system. So they may have already received some weapons charges. They have recently, within the past 12 to 18 months, been shot or shot at. They have close friends or family members who have been recently shot or shot at. They are typically out of school or unemployed and are also typically involved in a gang or a crew.”

Deason says most people are looking for a way out of their violent circumstances. “While there are individuals who don’t need to be out on the streets based on the crime that they committed, ultimately we believe everybody needs a chance to be rehabilitated and to make different choices — and oftentimes, someone who is at highest risk and who is involved in gun violence doesn’t really know about those other opportunities, or hasn’t had somebody to help them make those changes. And it’s very difficult to make a complete lifestyle change on your own.”

Cowan agrees it’s important to help people understand they’re not alone. “It’s sad to hear adults say that they’re afraid of children, and these children are literally asking for help.”

In April 2022, Mayor Strickland appointed Jimmie H. Johnson, a 12-year MPD veteran, as the administrator for the city of Memphis’ Group Violence Intervention Program. “We’ve contracted with 901 Bloc Squad as our street intervention team, and they have staffed up to approximately 100 individuals,” Johnson says. “They are mainly out there in the neighborhood, staying abreast of what’s going on between groups, keeping street beefs down to a minimum. We have approximately eight hospital interventionists that are assigned to and at the disposal of Regional One, and we’re soon to be in Methodist North Hospital. We want to expand to every hospital in the city.”

Johnson’s “credible messengers” talk to people with fresh gunshot wounds. “When somebody’s being transported to the hospital, you have to go to them and say, ‘We’d like to stop this cycle of violence. We wanna help you.’”

Root Causes

Throughout history, crime and violence have always been associated with poverty. It’s no coincidence that the American cities with the highest crime rates, including Detroit, St. Louis, Baltimore, and Memphis, are among the country’s poorest cities. According to the University of Memphis’ 2022 Memphis Poverty Fact Sheet, 23 percent of Memphians live below the poverty level, 10 points higher than the national average. Thirty-three percent of Memphis’ children are impoverished, almost double the national average of 17 percent. “The most important thing that we can do to deal with gun violence and gun violence prevention is to deal with the issue of poverty,” says Pearson. “If we don’t address root causes of economic inequality and racial injustice in Memphis and Shelby County in Tennessee, then these types of issues like gun violence are going to continuously be entrenched in policies and practices of the legislature and of people in positions of power.”

While there are signs of hope on the poverty front, restoring the community’s trust in policing will be a long, painstaking process. “It’s not one switch that we just haven’t found yet,” says Spickler. “One day, we can get to a trust place again, but it ain’t gonna be anytime soon until we deal with the past and plot a course for the future.”

Categories
Cover Feature News

What’s Wrong With the MPD?

If you commit a crime in Memphis, odds are you’re going to get away with it.

The “clearance rate” is a standard measure of police effectiveness used by the FBI. It measures the ratio of crimes reported to arrests made. Crimes cleared by “exceptional means,” such as when the perpetrator is known to police but died before they could be arrested, are also included.

In 2021, the most recent year for which numbers are available from the Tennessee Bureau of Investigation’s Crime Statistics Unit, the Memphis Police Department’s clearance rate for all reported crimes was 22 percent — less than half the national average of 54 percent. For murder, the MPD’s clearance rate was 38 percent. For forcible rape, it was 17.8 percent. For theft from motor vehicles, the rate was 3 percent.

“I think it’s important to point out that, compared to the national average, and compared to cities of comparable size, it is abysmal,” says Shelby County District Attorney Steve Mulroy.

Mulroy emphasized that he was not “throwing shade” on MPD, which he called under-resourced. Nor did he blame Police Chief C.J. Davis. “It takes more than a year and a half to change the culture of an organization that size.” Nonetheless, the below average clearance rates were, in his view, a big problem.

Josh Spickler (Photo: Courtesy Josh Spickler)

“They don’t clear cases,” says Josh Spickler, Executive Director of Just City, a nonprofit devoted to reforming Memphis’ criminal justice system. “That’s the one thing we have to talk about — they don’t solve crime.”

As of press time, the Memphis Police Department did not respond to emailed questions about the department’s clearance rates.

Most police officers, Spickler says, “do the best job they can, even though it’s an impossible job we’ve asked them to do … This is not a critique of the individuals. They’re not put in a position to solve crime. It’s just a disaster. No one is getting justice: Victims are not getting justice, you and I are not getting justice, the taxpayers who are paying for all this are not getting justice. I think something must be done. Something real, something big, something bold and courageous.”

Indeed, the three major national news stories from Memphis in the last year (which did not involve the Memphis Grizzlies) all contained elements of police failure.

The first was the kidnapping and murder of Eliza Fletcher on September 2, 2022, which caused a national media frenzy. The alleged perpetrator, Cleotha Abston-Henderson, was accused of rape in September 2021 by Alicia Franklin, who provided police with his name, phone number, and dating app profile. She submitted to a rape kit examination, but could not conclusively identify Abston-Henderson from an old photo police showed her, and no arrest was made. The case remained one of the 273 uncleared rape reports from 2021 until the rape kit was finally processed in the wake of the Fletcher murder, and Abston-Henderson was charged for both crimes. Franklin sued the city for failing to properly investigate the rape, but the lawsuit was recently dismissed. “They had more than enough evidence that night when they interviewed me to get him off the streets, but they didn’t,” Franklin told ABC News.

The second crime was the mass shooting perpetrated by Ezekiel Kelly on September 7, 2022. Kelly killed his first victim, Dewayne Tunstall, at 12:33 a.m. The murder was immediately reported, and first responders arrived promptly. But Kelly remained at large for another 15 hours before killing his second victim, Richard Clark, at 4:35 p.m. It wasn’t until after 6 p.m., when a 911 caller tipped police to the fact that Kelly was live-streaming his mobile murder spree on Facebook, that police knew Kelly had become a mass shooter. He was finally captured at 9:15 p.m.

Then came the police murder of Tyre Nichols.

Tyre’s Legacy

On January 7, 2023, Tyre Nichols was driving to have dinner at his parents’ house in Hickory Hill when he was stopped by two unmarked police cars. As Demetrius Haley and Emmet Martin III, plainclothes officers from the MPD’s SCORPION unit, were pulling Nichols from his vehicle, a third unmarked police car, driven by Preston Hemphill, arrived at the scene. As seen on Hemphill’s body cam video, Nichols offered no resistance, and tried to de-escalate the confrontation with officers, who yelled conflicting orders at him while they pinned him to the ground. One officer attempted to pepper spray Nichols, but instead sprayed the other officers, obscuring their vision. Seeing his chance to escape the assault, Nichols ran. When police caught up to him they took turns kicking and beating him as he cried out for his mother.

Amber Sherman (Photo: Brandon Dill)

Before Nichols died in the hospital on January 10, 2023, photographs of his bruised and broken body were already circulating in Memphis. “When I saw those pictures of him, I was like, this is Emmett Till-level. This is someone beaten so viciously as to be completely unrecognizable. When you look at the picture of how he looked before that incident and afterwards in the hospital, it’s two totally different people,” says Amber Sherman, community organizer and activist behind The Law According to Amber podcast.

On January 27, 2023, the day the body cam and SkyCop videos of Nichols’ murder were released to the public, Sherman led the protests that shut down the I-55 bridge. They demanded the SCORPION unit be immediately disbanded. As excerpts from the videos played on national television, Sherman spoke to Mayor Jim Strickland on the phone. “I know you have the sole authority as the mayor to shut this down,” she told him. “So if you don’t want to use that power, cool. We’ll stay on the bridge.”

The police presence at the protest was minimal. “Of course they weren’t gonna show up, because people are watching y’all literally beat somebody to death on TV right now,” Sherman says. “Within 12 hours of us doing that protest, they shut down the [SCORPION] unit.”

Violent rioting had been predicted by some media and law enforcement. “I expected folks to hit the streets and make those calls for justice,” says Sherman. “What we expected to happen, happened. I think there were folks being upset that there wasn’t a riot or something like that. I always remind people that most protests that happen are pretty peaceful. That’s how they go. They don’t get violent until the cops come.”

Steve Mulroy (Photo: Steve Mulroy | Facebook)

DA Mulroy says he was not expecting violence, either. Two days before the videos were released, he announced charges of second degree murder, aggravated kidnapping, official oppression, aggravated assault, and official misconduct against officers Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr., and Justin Smith, all of whom had beaten Nichols at the second crime scene. It was three weeks since the initial traffic stop, a remarkably short period in these matters. “That was always in my mind: Let’s get the video out as soon as possible. But then we started to realize the video is gonna be really incendiary and could provoke a violent response. So ideally, if we could announce charges before release of the video, that would go a long way towards calming everybody down,” he says.

“I think the primary reason we didn’t see unrest in Memphis — and really, because of that, around the world — was because the wheels of formal justice and accountability had already begun to spin with those indictments,” says Spickler.

Besides, Mulroy trusted the activists. “We have a proud tradition in Memphis, going back decades, of public protests on these issues that were non-violent. In 2016, they took over the bridge, no real violence. In 2020, the summer of George Floyd, there were all kinds of marches and sit-ins and protests. Memphis activists always kept the peace.”

Mulroy was elected in 2022 on a platform that promised reform of the criminal justice system. He says he prioritized transparency in the case not just out of a sense of fairness, but also practicality. “I had campaigned all along on the [premise that] the public lacked confidence in the fairness of our justice system, particularly in the Black community. We needed reform not only for reform’s sake — which is sufficient reason in and of itself — but also as a means to the end of restoring public confidence, so that the community would start cooperating with law enforcement again in a way that they haven’t in recent years. That would be the key thing to bend the curve on violent crime.”

The Nichols killing was a prime example of why the community doesn’t trust the police, Mulroy says. “You had a specialized unit that was supposed to be, and was billed as, focusing on violent crime, that instead tried to get some easy collars and went to regular traffic stops to try to rack up some points. But they still took that violent crime warrior mentality with them, and it led to over-aggressive policing. I think probably the evidence will indicate that young Black males were targeted. As we’ve seen over and over again when we have these specialized units, they tend to be over aggressive. They tend to target young Black males. You had a culture develop — or maybe it had already been in in place, but was put on overdrive. You had a lack of supervision, inadequate training. That perfect storm led to that [incident]. I think we can surmise from the video that this wasn’t an isolated incident. It wasn’t just five bad apples. There is a cultural problem here that needs to be addressed.”

Mulroy declined to press charges against Preston Hemphill, the officer who had been at the initial traffic stop but couldn’t keep up with the fleeing Nichols and so never made it to the second scene where Nichols was fatally beaten. Hemphill is white, and the five officers who were charged were all Black. Mulroy says he concluded that the video evidence against Hemphill was too ambiguous to obtain a conviction. “It’s possible to act in a way that brings dishonor to the uniform and rightfully results in termination from the police department and rightfully results in revocation of the person’s eligibility to ever serve in the law enforcement capacity — it’s possible to do all those things without actually violating the criminal statutes of Tennessee.”

Nichols’ family’s attorney Ben Crump supported the decision not to charge Hemphill, given that he is cooperating with the investigation. But Mulroy’s reasoning rings hollow to Sherman. “The fact that those [charged] were all Black officers, I think they wanted to remind them that, at the end of the day, you’re Black first and we’re gonna treat you just like we treat other Black folks in the street when we overcharge them or when we target and prosecute them. We’re gonna treat you the same exact way. They don’t get any special class or special privilege they thought that they would have as police officers.”

The Community Rises

The officers on the scene said they pulled Tyre Nichols over for reckless driving. On January 27th, as the videos of the stop and beating were being released, Police Chief C.J. Davis admitted there was no proof that Nichols had broken any laws. It was a pretextual traffic stop, says Chelsea Glass of Decarcerate Memphis. “A pretextual traffic stop is like a non-moving violation; for example, a brake light is out, your windshield is cracked, your bumper is missing. Another common one now is if you have drive-out tags. Even if your drive-out tags are totally legal, you’re at risk of being stopped because they’re trying to find out if the car is stolen or not. That’s what they say because the whole thing about a pretextual traffic stop is, it’s a pretext to look for other violations.”

Decarcerate Memphis’s 2022 report “Driving While BIPOC” analyzed data from 10 years of traffic stops. “We found that Black and brown communities were disproportionately overrepresented in the data. So while Memphis is a predominantly Black city, we still found that they were overrepresented out of proportion with their population.

“This is something that we’ve been working on for years,” she continues. “We’ve talked to hundreds of people across Memphis. To be quite honest with you, the campaign itself took very little education. People know what the police are doing and why they’re doing it. I think the people who are less affected by these issues are the ones that are a little bit more easily confused by what’s really at stake and what’s really happening.”

LJ Abraham (Photo: Courtesy LJ Abraham)

After the initial burst of public protests, activists like Sherman, Glass, and West Tennessee Regional Organizing Director for the Equity Alliance LJ Abraham concentrated their efforts on the City Council. “I actually think the momentum is a lot higher right now, because we’ve been able to pass some of the ordinances through City Council,” Abraham says. “That’s just a general basis of beginning actual police reform in Memphis, like ending pretextual stops, ending the use of unmarked police cars, doing data transparency, and just making sure that there is accountability on the side of police. … I think the situation around Tyre Nichols has kind of catapulted the fight for actual reform a little bit higher based on the manner in which he was killed.”

The fight has been emotional and bruising for everyone. Sherman was banned from City Council meetings (illegally, she says). “ I don’t care if they like me,” she says. “I care about being effective in getting policies put in place to keep people safer.

“I think we’ve changed public opinion on pretextual traffic stops,” Sherman continues. “I think public opinion around unmarked cars was always that they were not okay. A lot of folks are really appreciative of that, because they don’t agree with using unmarked cars for traffic enforcement.”

The pretextual traffic stop ordinance which passed the council is narrower than what Decarcerate Memphis wanted, says Glass. “It’s still considered a win, but it’s not entirely what we asked for. Ultimately, we’re pleased with the items that did pass.”

Can We Fix It?

The word that comes up over and over again when discussing police reform is “culture.” Many police, the argument goes, see the public as an enemy, and act like an army occupying a hostile land. “When I was younger, we got along with the cops,” says Abraham, who is 42. “I used to hang out with the cops, sit out on my porch and laugh and joke with them. But growing up and seeing the direction that policing has actually gone is probably one of the most disgusting things I’ve ever seen in my life. It can’t be this way. I think the police officers we hire, they’re really terrified; just scared for themselves, and not scared for anything else. But how can you take that job where you’re supposed to exhibit some level of bravery?”

The so-called “elite” units, like the SCORPION unit Chief Davis founded with a promise to “take the gloves off,” are a product of the “warrior cop” mindset. “I do believe there are people that we need to take care of us, to guard us, to protect us,” says Spickler. “That’s the mission of a police officer. It is not [to be] out there to wage war, not to battle, fight, and all these words we use when we talk about crime. But that’s what it’s become.

“We were told we’re gonna do whatever it takes to make sure there’s no repeats,” he continues. “But then, we had this battle at City Council where the community was very organized and very clear on what it wanted in these ordinances about traffic stops. The mayor’s administration comes in and says, ‘We can’t do that. Here’s the reason why.’ That’s as clear evidence as you need that they’re not serious. They’re not ready to do the things that need to be done.”

Crime and policing has become the central issue in this year’s mayoral election. Defenders of the status quo maintain that insufficient incarceration is what is driving the city’s crime rate. Cleotha Abston-Henderson served 20 years of a 24-year sentence for kidnapping. Ezekiel Kelly was convicted of aggravated assault when he was 16, and tried as an adult. He was released from prison early during the pandemic. On May 12th, Mayor Jim Strickland, who is not up for re-election because of term limits, led his weekly email newsletter with the image of a Monopoly “get out of jail free” card. “Someone is giving these out,” the newsletter read. “It’s not the Memphis City Government. It is not the Memphis Police Department or the Shelby County Sheriff’s Department. It appears that it is multiple people within the criminal court system at 201 Poplar and the Juvenile Court. And what’s worse — the bad guys know it, and they are encouraged to keep committing crimes.”

DA Mulroy says, “The narrative you hear from critics of reform is, one, the cops are doing a great job bringing everybody in, but two, the liberal DA and judges are letting them right back out. Three, they immediately re-offend, and four, that’s why we’re having a high crime rate. Every one of those assertions, one through four, is false. The clearance rates indicate that they’re not bringing them in. The DA doesn’t set bail. The supposedly liberal judges are not letting them out the way the public thinks. Although I may have disagreed with some of the individual, controversial bail decisions, nonetheless, the narrative that it is just a revolving door is false. They are not re-offending when they do get out. Less than one in four re-offend at all while they’re on bail — and less than 4 percent re-offend violently. And then finally, that’s not what’s driving crime. Because if you added up all the cases in which people who were let out on bail re-offended while they were out on bail, it would be less than one eighth of the total crimes in any given year. Even if we decided to violate the constitution and deny everyone bail, we would still have an unacceptably high crime rate. So we are focused on the wrong thing.”

Simply hiring more police to enact the same policies won’t work, says Spickler. “It’s the old hammer and nail metaphor. When you’re a hammer, everything looks like a nail. Sometimes you need a hammer. Sometimes that’s the right tool for the job — but not all the time.”

“The tough-on-crime approach is not working,” says Glass. “If it did work, we would see the fruits of that labor. We need a leader that is interested in investing in the communities and healing the city. People are really suffering in Memphis, suffering from trauma, suffering from poverty. There are real issues that need to be addressed, and by addressing some of those issues, like education or the housing crisis or low-wage jobs, naturally the outcome is that crime will be addressed. As long as we are able and capable of meeting people’s needs, the other stuff takes care of itself. Nobody believes that there are communities of people that are inherently bad or inherently violent. There are communities that are oppressed, and that oppression, it’s like an illness, the trauma, the sickness. Let’s start treating poverty like a public health crisis instead of treating communities like they’re just irredeemable and only worthy of punishment and punitive measures.”

*The online version of this story has been modified slightly to clarify several quotations.

Categories
Politics Politics Feature

Naming Names

District Attorney-elect Steve Mulroy took the opportunity last week to name the members of his newly created transition team, to be chaired by outgoing County Commissioner and local NAACP head Van Turner.

Turner, who recently acknowledged that he would be a candidate for mayor in next year’s Memphis city election, promised “a thorough, top-to-bottom review of the operations, priorities, and staffing of the District Attorney’s Office.”

Other members of the transition team are: District 29 state Senator Raumesh Akbari (D); District 83 state Representative Mark White (R); Demetria Frank, associate dean for diversity and inclusion at the University of Memphis Law School; Richard Hall, chief of police, city of Germantown; Muriel Malone, executive director of the Tennessee Human Rights Commission and former Shelby County assistant DA; Kevin Rardin, retired member of the Public Defender’s Office and former Shelby County assistant DA; Mike Carpenter, director of marketing and development for My Cup of Tea; Yonée Gibson and Josh Spickler of Just City; and attorneys Jake Brown, Kamilah Turner, Brice Timmons, and Mike Working.

Paul Young (Photo: Jackson Baker)

Paul Young, the director of the Downtown Memphis Commission, gave members of the Kiwanis Club a comprehensive review of current and future projects for Downtown development on Wednesday of last week. One matter of public curiosity did not go unspoken to in the subsequent Q&A. Would he, someone asked, be a candidate for Memphis mayor next year as has been rumored?

Young’s reply: “Obviously, we’ve had a lot of conversations. And you know, it’s not time for any type of announcements or anything like that. I’m gonna continue to do the job at DMC to the best of my ability, regardless of when the season comes for the mayor’s race, but we definitely have had discussions.”

• Meanwhile, the Shelby County Republican Party, having been defeated for all countywide positions in the recent August 4th election, is doing its best to retain optimism. Looking ahead to the next go-round, the federal-state general election of November 8th, the local GOP held a fundraiser Friday at the South Memphis headquarters of the Rev. Frederick Tappan, who will oppose Democratic nominee (and recently appointed incumbent) London Lamar for the District 33 state Senate seat.

Imported for the occasion was state Senator Ken Yager of Kingston, the GOP’s Senate caucus chair, who assured local Republicans, for what it was worth, that “the Republican leadership are 100 percent committed to the election of Frederick Tappan.”

Tappan, pastor of Eureka TrueVine Baptist Church and founder of L.I.F.E. Changing Ministries, sounded his own note of commitment: “We can do this if we come together. We need one mind, have one mission, to become one Memphis. We don’t lean to the left, we don’t lean to the right.”

GOP chair Cary Vaughn, who would probably admit leaning somewhat to the right, said, “We took it on the chin a few weeks ago. But that was not the finish line. That was the starting line for November 8th, we’ve got a chance to redeem ourselves.” Vaughn mentioned several of the party’s legislative candidates, including state Senator Kevin Vaughan, state representatives Mark White and John Gillespie, and state Senate candidate Brent Taylor. “We have a chance to rectify the situation. And we have an opportunity, not just to finish, but to finish well.”

Categories
Letter From The Editor Opinion

Letter from an Editor: Criminal Justice Reform IRL

Once again, I have no opinions to share professionally. So I’m learning instead.

Steve Mulroy is set to be sworn in as Shelby County’s next district attorney general next week, after winning the seat in this month’s election and naming his transition team last week. Folks are chattering and wondering about what some of Mulroy’s “progressive” ideas on criminal justice will look like off the chalkboard and applied every day in Shelby County. I wanted to know, too, so I asked for professional help.

Josh Spickler, executive director of the criminal reform advocacy group Just City, is a member of Mulroy’s transition team. He has seen firsthand how the system works now and how we might see some of Mulroy’s ideas applied in the real world.

Memphis Flyer: What will some of the changes look like in reality?

Josh Spickler: The first thing to note is what’s not going to change. Steve is going to prioritize public safety and he is going to prioritize violent crime in this community. Steve campaigned on that, and everything he is doing and saying since the election is about that.

In terms of reforms and some of the day-to-day, visible changes, I think you’ll very quickly see, because of some good fortune and some timing, a bit of a different approach in pretrial detention with regard to the use of money bail. Steve campaigned on his willingness and desire to reform that.

Last week, the [Shelby County General Sessions Criminal Court] judges signed a standing bail order, which is really big news. I’m a bit biased, but it’s one of the best standing bail orders — definitely in Tennessee, maybe in the country. A standing bail order is a plan put in place and agreed upon by all judges in a jurisdiction. So, all of our General Sessions judges — who are the ones, mostly, in charge of how bail gets set — they’ve agreed to significantly change the way they do it. They agreed to have meaningful hearings any time unaffordable bail is being considered as the only means of protecting the community and ensuring the appearance of someone accused of a crime. They have agreed to have attorneys for both the state and the accused present at those hearings.

That’s where Steve’s office comes in right from the beginning. When he takes office, he is going to have a new responsibility with regard to setting bail. Steve has said in his campaign that he believes fewer people should be held on unaffordable money bail. So, if Steve and his assistant DAs follow through on his campaign promise, we’ll begin to see that in those bail hearings. Fewer people will be held in our jail simply because they can’t afford freedom. That’s a big one.

So someone commits a crime, is held in jail until an arraignment hearing, and is just released — with no bail — until their court date?

It will be based on what is best for the community and what a judicial commissioner decides is best for that person at the time. That will be determined after a hearing, which is something we don’t do currently. Currently, we are not considering all of the required factors and are defaulting to bail — a seemingly arbitrary dollar amount — almost 76 to 77 percent of the time in this current system when state law says the first thing that should be considered is release.

What other reforms will we begin to see IRL?

Steve has also committed to a Post Conviction Justice Unit. He won’t call it that [because] … he’s not just going to look at convictions … looking for wrongful convictions, like looking to overturn something [perhaps] with DNA, for example. Steve has pledged to also look at sentences that may be inappropriate, that might be far too punitive.

Anything else?

On racial disparities, he’s pledged to not only build an office that looks more like Shelby County, but to also understand why it is that outcomes continue to be different for people of color versus white people.

These areas will be his focus. There’s plenty of evidence to suggest that all of that leads to safer, healthier communities, and that’s the ultimate priority. Hopefully, any DA’s priority is to keep us safer, and that’s what Steve is going to do.

The Memphis Flyer is now seeking candidates for its editor position. Send your resume to hr@contemporary-media.com.

Categories
News News Blog

Sycamore Institute Report Examines the Cost of Criminal Justice

Earlier this week the Sycamore Institute, an independent and non-partisan public policy research center for Tennessee, released a report in which they broke down the fees and fines within the criminal justice system of Tennessee.

In their findings, they reported that there were nearly 360 public fees and fines authorized in Tennessee state law, a number that is higher if private acts are factored in. The number of fines is something that Josh Spickler from Just City found concerning.

Chip Chockley

Josh Spickler

“I mean, one of the biggest findings for me from that Sycamore Institute report was how many, which is something we’ve known for a long time has been an issue,” says Spickler. “As an attorney, or as anyone who’s been through that system can tell you, just the sheer number of individual charges is really difficult to quantify. And so, of course, it also depends on what you’re charged with.”

The fee and fine system that exists within the Tennessee criminal justice system is not limited to those found guilty of a crime. Tennessee has one of the most robust fees and fines systems in the country. Due to the sheer number of fees and fines, racking up a significant debt during the criminal justice process is likely.

Sycamore Institute TN

Fines and fees can accrue at all levels of the Criminal Justice process


A daily fee for any jail time associated with a misdemeanor conviction, copays for medical care received while incarcerated, and fees and costs associated with court-ordered treatment for mental health or substance use disorders mean that those convicted can find themselves released with a hefty bill. Even when not charged with standard court charges, document filing fees and even courtroom security costs all end up compiling into sometimes ludicrous amounts.

The fees and fines in the criminal justice system are not levied out of spite. For the taxpayers, as well as state and local governments, fees are supposed to take some of the burdens off their community and to fund public safety initiatives. They are also supposed to be deterrents for crime. But as the Sycamore Institute points out in its report, more often than not, these fines end up causing more harm than good. For those without the ability to pay, fines and fees from previous convictions or court appearances can cause significant difficulty, the group says.

“Court fees are some of the biggest disqualifying factors of the thousands and thousands of people we talk to every year at Just City,” says Spickler. “The biggest disqualifying factor is that ‘Yes, you qualify. Yes, it has been 10 years since you were convicted. Yes, you have finished your sentence, you’ve gotten in no other trouble anywhere in the world. But you still owe $700 in core debt from that 12-year-old case, we can’t get you expunges.’ So the fines and fees are a leverage point there. And then several years ago, [Tennessee] doubled down on it by saying if you owe that criminal court debt, specifically, in Tennessee, we’re going to suspend your license.”

While the Sycamore Institute report does not recommend changes for the fees and fines system — the report is just one of a series that they intended to release in order to help policymakers better understand the human element in the criminal justice system — Spickler thinks income-based fines could be a solution.

“In Memphis, consider that the vast majority of people who come through that system are living in abject poverty. You can’t get blood from a turnip. You can assess all the fines you want, it might as well be a million dollars, ten thousand dollars, one thousand dollars, it’s all the same. Make a ‘finding of ability to pay.’ And if you work three shifts at the warehouse and are cobbling together $12,000 a year, you know, a $50 fine, is significant to you. If you’re assessing it to a director of a nonprofit with 20 years of legal experience like myself, that fine is going to be a whole lot higher. We’re purportedly making findings of income and wealth before we appoint a public defender, so these are not new processes that we would have to implement into our system, but we need to make it automatic. Everybody who comes through that system, we need to assess their ability to pay their way through the criminal justice system and stop pretending that everyone on paper can pay, because most people can’t.”

Categories
Politics Politics Beat Blog

Complainants Threaten New Suit On Behalf of COVID Victims in County Jail

A group of Individuals — including several well-known activists and representatives of such organizations as the American Civil Liberties Union — have served notice on Sheriff Floyd Bonner and Shelby County government at large that they are on the brink of further legal action on behalf of local jail inmates suffering from, or at risk of, COVID-19.

The group has already filed one suit seeking release of such inmates, resulting in a hearing conducted last week by U.S. District Judge Sheryl Lipman, who has not yet ruled on the matter. The new action is in the form of a demand letter — a de facto ultimatum — promising to take further legal action “to assert the detainees’ rights to reasonable health and safety, including adequate medical care.”

The lengthy, detailed letter cites testimony of eyewitnesses, including protesters arrested during the recent demonstrations against police brutality against African Americans, attesting to ”inadequate preventive measures” against COVID-19 at the jail, as well as “unsanitary conditions and a disturbing lack of medical care or attention for those who have tested positive.”

Among the allegations in the letter: “We understand that individuals who tested positive for COVID-19 were kept in isolation pods that each housed up to 70 people, with rows of two-person bunks less than five feet apart. … People kept in these pods had unreliable and inadequate access to such simple necessities as drinking water, and some people have resorted to drinking water out of the toilet.”

COVID-19 positive “detainees had vomit and feces on their clothing, bedding, and towels. Their blankets, towels, and sheets were not replaced during their weeks-long confinement to isolation pods, and their clothing was replaced only once.The utensils and cups detainees used to eat and drink were not cleaned or replaced while they were in isolation pods.”

The letter insists a series of remedial actions the county should take by 2 p.m.,Thursday of this week, in order to avoid further legal action. Aside from seeking such precautions as providing hygienic toilet articles and pursuing systematic disinfectant actions, the complainants ask for such measures as provision of fresh masks, regular testing, guarantees of social distancing and “non-punitive” quarantine facilities to house infected inmates.

The writers note the obvious: that measures taken on behalf of those already infected would also serve the purpose of protecting those not yet diagnosed with COVID-19. They ask for “prompt access to the facility by a public health expert identified by the undersigned for the purpose of evaluating conditions and making recommendations.”
The signatories include: |

Thomas H. Castelliand, Stella Yarbrough, Andrea Woods, Maria V. Morris, Zoe Brennan-Krohn, all representing ACLU jurisdictions here and nationally; Joseph J. Bial, Darren W. Johnson, Meredith L. Borner, and Jonathan M. Silberstein; and Steve Mulroy, Josh Spickler, and Brice Timmons of Memphis.

To see the letter In its entirety, see below:
[pdf-1]

Categories
Film/TV Film/TV/Etc. Blog

When They See Us Screening Connects The Central Park Five Case With Contemporary Social Justice

Raymond Santana

In April, 1989, a crime wave was happening in New York’s Central Park. Among the assaults and petty robberies was a brutal rape of Trisha Meili, an investment bank executive who was jogging in the park.

The police rounded up a group of young black and Hispanic juveniles whom they believed to be involved in the muggings and charged five of them with rape, sexual assault, and attempted murder. After almost two days of nonstop interrogation, several members of the group confessed to the rape, even though there was no physical evidence connecting them to the crime scene. Years later, the men recanted their testimony and an already convicted rapist and murderer who had not been arrested during the original police sweep confessed to the rape of Meili. DNA evidence later confirmed the confession, and the Central Park Five were released in 2002.

The case attracted the attention of the Innocence Project and of documentary director Ken Burns, who produced a film about the case in 2012. This year, Netflix released When They See Us, a four-episode mini-series about the case directed by Ava DuVerney. When They See Us garnered 11 Emmy nominations for DuVerney and the cast.

On Saturday, November 16th at 11:00 a.m., Mississippi Boulevard Christian Church will host a screening of When They See Us. Afterwards, there will be a panel discussion on “Criminal Justice Lessons Learned From The Central Park Five” with Raymond Santana, who was one of the wrongly convicted juveniles; Rhodes College Urban Studies and Africana professor Duane Loynes; State Senator Raumesh Akbari; public defender Phyllis Aluko; and Josh Spickler, executive director of Just City.
 

When They See Us Screening Connects The Central Park Five Case With Contemporary Social Justice

Categories
News News Blog

Just City Seeks Volunteers to Observe Courtrooms


A local organization focused on criminal justice reform is looking for volunteers to be “court watchers.”

Just City Memphis, which pursues a “smaller and more humane criminal justice system” in an effort to minimize the impact of the criminal justice system on people, enlists Court Watchers to sit in on Shelby County courtrooms and observe.

The goal is to encourage accountability, community participation in criminal justice reform, and primarily transparency, Josh Spickler, executive director of Just City, said.

“The legal system in our community is massive, and it operates largely out of sight from most people,” Spickler said. “We believe it is too large, often unfair, and sometimes inhumane, and our mission is to correct it. By introducing people to it — letting them see and hear for themselves how it works — we hope to introduce accountability into a system that doesn’t have much.

“The people who depend upon this system to keep them safe and deliver justice in their community should be able to see how it works. Court Watch offers an opportunity to do that.”

Just City kicked off the program at the beginning of the year and now has 80 trained volunteers. The group aims to have 100 court watchers by the end of the year.

[pullquote-1]

Court watchers are asked to track basic demographic information, such as race, age, and gender. Volunteers also take notes on judges, attorneys, victims, and defendants, recording their temperament, behaviors, and decisions.

Spickler said beyond that, court watchers are not trained to look for anything in particular: “We are very clear that Court Watch is not about catching anyone doing something wrong or embarrassing people, and we ask for respect and decorum above all else.”

For those interested in volunteering, Just City will host a training session this Thursday from 10 a.m. to noon at the Commonwealth Building (240 Madison Ave). Get more information and sign up here.

“In our training, we describe the primary actors in the system, explain generally how court works, and ask watchers to write down anything notable,” Spickler said.

After completing the three-hour training, participants are expected to volunteer for at least one three-hour shift each month.

Other requirements include:

• Weekday morning and afternoon availability


• Ability to keep legible notes and data


• Reliable transportation


• Professional attire for court

So far this year, 615 cases, totaling 75 hours have been watched. Below is data compiled by court watchers in September. Visit Just City’s website to see reports from previous months.

[pdf-1]

Categories
Cover Feature News

Criminal Injustice: How the System Traps the Poor

DeAndre Brown says he was a career criminal. He started selling drugs on the streets of North Memphis at age 19, and by 28, he’d worked his way up the chain of command to head the operation. Brown says he was a nerd growing up. Despite having to navigate his mom’s crack use at a young age and commuting back and forth to rural Arkansas for grade school, he says he was a good student. He even got a full scholarship to Rhodes College and planned to become a doctor.

But there was a problem: He needed gas money to get him from his mom’s house in Raleigh to campus. Like so many growing up in poverty, Brown says he turned to illegal means to earn money because it was instant gratification.

Justin Fox Burks

DeAndre Brown with participants of the LifeLine to Success program

He connected with guys in his neighborhood who were selling drugs out of the house next to his mom’s. “I saw the opportunity to make some quick money,” Brown says. “It looked easy for those guys to stand on the corner with some dope in their pockets and walk up to cars. So that’s what I did.”

Twenty-five years later, just a few miles from where Brown ran a drug operation for nearly a decade, he now sits in his office in a converted Frayser house. It’s where he’s run an ex-offender re-entry program called LifeLine to Success since 2009. Brown believes he’s an anomaly, because when someone — especially someone in poverty — gets into the criminal justice system, it’s hard to escape.

In the System

Josh Spickler, executive director of Just City, a Memphis organization striving to mitigate the damages caused by contact with the criminal justice system, says the system is “complicated and nuanced.

“It involves rules of court and rules of evidence,” Spickler says. “It involves laws. It involves procedure and so many things that you have to know to navigate it clearly and successfully.”

When someone in poverty is accused of a crime, those challenges are intensified, Spickler says. Wealth and poverty impact a defendant’s experience from pre-trial to post-conviction, and possibly forever.

“People in poverty have had a lot more trouble getting back to even in the criminal justice system,” Spickler says. “And people of means, who didn’t do anything too terrible, can usually buy their way back to even.”

When the poor are accused, they are appointed counsel, while “people of means and wealth have always had the ability to hire the best criminal defense lawyer. The appointment of counsel is probably the biggest differentiator.”

The country’s public defense system was established by the U.S Supreme Court’s 1963 Gideon v. Wainwright decision, which acknowledged the right for a state-appointed attorney under the Fourteenth Amendment.

Chip Chockley

Josh Spickler

Spickler says this decision was a “great win for civil rights in America,” but “what’s followed has been anything but fully securing that right.” He says the indigent systems are an “afterthought” in many communities. Public defenders largely lack significant resources and investigative tools private lawyers have, such as expert witnesses, which Spickler says are especially important in serious matters.

“There are great public defender offices, and we have one right here in Memphis,” Spickler says. “But, as great as they are, they have bad circumstances. They’re representing 35,000 people with like 90 attorneys. You don’t even have to know much about the law to know you don’t want a lawyer with that many cases.”

The Shelby County Public Defender’s office currently has 90 full-time attorneys and handled more than 24,000 cases in 2018. Approximately 2 percent — $9.3 million — of the county’s general fund is allocated to the public defender’s office. Another $5.5 million comes from the state. The public defender’s office provided the numbers above, but declined to be interviewed further.

Another “glaring” issue, Spickler says, is pre-trial detention, which is solely meant to deter the accused from committing another dangerous crime or fleeing to avoid prosecution if released. “But the way we do that, in this community especially, is with money,” he says. “Based on a British system that’s centuries old, we decided a dollar amount is the answer to that problem.”

The idea, Spickler says, is if you have money on the line, you’re incentivized to return to court and to not commit another crime. “We put a price tag on it, but the fact is, money has nothing to do with it,” Spickler says. “With pretty high certainty, we can predict who comes back and who doesn’t come back and who reoffends.” Spickler says there is readily available data that should be used to assess people’s risk instead.

“But, we just say if you can pay this, you can get out, and if you can’t, you can’t,” Spickler says. “That has nothing to do with who’s risky and who’s not. In fact, if you have the means, you’re more of a risk. So why would we make it about money?”

Defendants who can’t make bail must remain behind bars until their trial date, which could be a year or more down the road. Building a defense takes participation from the accused, which is hard to give in jail, Spickler says.

“Strike two, if you’re poor, is that you have to make decisions about your case while you’re behind bars.” Most often, people in that situation enter a plea bargain, Spickler says.

“People are detained in cages before their guilt or innocence is determined,” he says. “They are desperate to get out. They don’t have the time or the resources nor the patience to build a defense in jail. Their incentive is to get out. A guilty plea is a better alternative.”

Pleading guilty means they now have a criminal record and, depending on the crime, still might serve additional time behind bars.

Permanent Punishment

Spickler says with a record, ex-offenders face “a myriad of challenges that are extremely insidious,” impacting all parts of life. Lawyers refer to this as “collateral consequences.”

“Collateral is a really bad word to use,” Spickler says. “It implies it’s an afterthought or not all that important, but it’s everything. Moving on after life within the criminal justice system is next to impossible for a lot of people, especially if you’re poor.”

Justin Fox Burks

Beverleye Orr leads a LifeLine to Success class to help ex-offenders re-enter society.

One reason is expenses add up after incarceration, he says. “Every sentence passed down comes with a bill. A literal bill. Like a credit card bill.” Post-conviction court costs can range from hundreds to thousands of dollars. Spickler says Tennessee is “particularly bad” because the consequence for not paying them is drivers license suspension.

“The costs aren’t based on reality anymore,” he says. “They’ve added costs for this, costs for that. If you go down the list, it’s shocking the things we assess costs for. Things like building law libraries. It’s astounding the amount that can rack up for relatively minor offenses. If the crime is at all serious and there’s any jail time, then you can get into the thousands really quickly.”

Spickler says a lot of Tennesseeans have lost their licenses because of this law. “I’m talking about 40,000 to 50,000 Tennesseans who can’t move around legally.”

And if ex-offenders can’t drive, then they can’t get jobs to afford to pay their court costs, Spickler says. If they do drive in order to get a job and are pulled over and found guilty of driving without a license, then there’ll be more court costs to pay. “It just keeps going. For so many people, they can never pay it back.” As a result, people are locked out of the mainstream economy, housing, and educational opportunities.

“When we lock people out of the mainstream economy by taking away their drivers license or not hiring them because of prior history, we are steering them toward other means of supporting themselves,” Spickler says. “And some of those are criminal. At best, they’re underground and not paying taxes. But at the very worst, they’re heading toward a world where crime is lucrative and appealing. The cycle builds on itself pretty quickly.”

A big piece of Just City’s work is helping policy makers understand the full impact of their policies, Spickler says. “There are real consequences years and years later after criminal justice involvement,” he says. “Perhaps there should be for certain offenses, but for so many, even after they are released, damage unnecessarily continues to rack up. We have to turn that around.”

Spickler says these continuing consequences are anything but collateral. “Permanent punishment” is a better phrase for it, he says.

“When we pass laws dealing with people who’ve broken the law, it’s important to maintain a civil and safe society,” Spickler says. “But, we have to start thinking about how long we want the punishment to go on.”

A Lifeline

DeAndre Brown knows the struggle of re-entry all too well. Brown was incarcerated for the last time 14 years ago. In his first week of that 25-month-long prison sentence, Brown says he decided it was time to “try something different.

“Reality set in really quickly,” Brown says. “I made up my mind then to figure out a way to help other people be right.”

When he was released, Brown turned the janitorial service he once used as a front for his drug operation into a legitimate business. Brown says he and his family were doing well for about two years, until a hospital where his company was contracted to clean asked him to be a volunteer chaplain. When the hospital did a background check, his contract was terminated.

“The minute they found out I had a criminal history, they took the keys,” Brown says. “They told me I had to go.”

Brown says he, along with his wife and children, were homeless after that. Looking to support his family, he says finding a job was “out of the question.” So he returned to the idea that sparked in prison — finding a way to help others in his situation. Brown says the termination of the hospital contract was the impetus for starting LifeLine to Success.

Brown says many ex-offenders are stuck when they’re released, and finding an environment that’s conducive to positive living can be the initial challenge. “With drive and determination to prove the world wrong,” Brown sought to change that in Memphis.

Through classes, volunteer work, employment, and therapeutic group settings, the LifeLine to Success program teaches conflict resolution and basic life skills, with the goal of showing ex-offenders how to survive in the world without resorting to crime. Since 2009, 1,216 ex-offenders have completed the program.

“We have people who were living on the sidelines of life but now have the desire to be involved,” Brown says. “They’d wake up, sit on the porch, get high, and play video games, but now they want to be productive because they’ve tasted what real life can be like.”

Brown says the program takes in people with multiple offenses that are mostly violent. They often have low skills, minimal education, and some mental health issues. “We take the folks people run from and are afraid of and put them in a room together,” Brown says. “And it works. It’s all love.”

The program works similar to a gang, Brown says.

“We’re just flipping what we know works in the hood and turning it around into something positive,” Brown says. “We give them a culture, a color, and some lit — literature, I mean. Sorry, that’s the gang code.”

When participants start the program, they are not officially “on the team,” Brown says. But after they meet initial requirements, they receive a green T-shirt, indicating they’ve made the payroll. “The shirt makes grown men cry,” Brown says. “They’ve never really felt a part of anything and now they are and they didn’t have to get beat up to get in.”

The program’s mission is to change the perception of what it means to be a convicted felon to both the community and ex-offenders, and Brown believes “we’ve exceeded that mission.”

Over-Criminalized

The number of people brought into the criminal justice system and accused of crimes far surpasses that number from 40 years ago, Spickler says.

The Tennessee prison population is the largest it’s ever been. In 1990, the state prison population was 13,975, according to Tennessee Department of Corrections data.That number rose to 30,799 in 2018.

“We filled up our jails and prisons and our courtrooms,” Spickler says. “We’ve created so many more crimes. The criminal justice system has been grown to tackle a lot of things in society.” That’s why Just City advocates for a smaller criminal justice system.

“When we say smaller, we mean a smaller budget and less use of the system for problems it can’t fix. We have to depend less on the criminal justice system.”

Thomas Castelli, legal director for the American Civil Liberties Union (ACLU) of Tennessee agrees. He says, as a society, the country has over-criminalized certain behaviors.

“The government has the power to regulate certain conduct by citizens,” Castelli says. “There’s all different ways to do that, but the most extreme is to criminalize that conduct. We have a tendency when we don’t like something and want to discourage it, to make it a crime.”

For example, Castelli says in Tennessee it’s a crime to drive with a suspended license. He says in some cases it might be warranted, but in thousands of cases, people just can’t afford to renew it. “So we criminalize that instead of finding a civil way to handle it.”

Castelli also says “we’re really bad at understanding motivations for criminal conduct like mental health or addiction.”

Typically, people in poverty have less access to health insurance and quality health care and are more susceptible to addiction and mental health issues, he says. This means they are also more likely to enter the system.

“Our criminal justice system is kind of a hammer,” Castelli says. “The solution is you get tossed into the system. Sometimes that’s the only way for people to actually get treatment.”

Castelli says Tennessee should consider pre-booking diversion programs, which allow people to enter treatment programs to address mental health or addiction without “getting sucked into the whole court system.” This is a way to address those underlying causes of criminal behavior before you get involved in the criminal justice system on an ongoing basis, Castelli says.

“We can do better at identifying those causes before people are arrested,” he says. “Instead of arresting them, get them in the programs trying to make an effort to address these issues. See if that works before we start using criminal laws as the cure-all.”

System Overhaul

Addressing the various issues with the criminal justice system will take a holistic approach, Castelli says. “Multiple things need to be fixed. Some things need to be scrapped and reinvented. It’ll take a lot of laws.”

Castelli says there are “a lot of moving parts” in the criminal justice system: “There’s no one part we can fix and say, ‘There, it’s done.’ Some of it goes beyond the justice and legal system and relates to public health and wealth equity.”

There is a role for every level of government to play in addressing the issues, he says, but the “heaviest lift lies with the state.” Local governments can do certain things like diversion programs, while the federal government can provide funding or create initiatives affecting federal criminal law.

“The state sets the majority of the criminal laws and what the punishments for them are,” he says. “They’re the ones who authorize these fees and costs. It’s a state law that takes away drivers licenses, sets fees for appointed counsel, and takes away people’s voting rights. These are all fixes that have to come from the state.”

Castelli says with Tennessee Governor Bill Lee entering his second year in office, “it will be interesting to see whether the governor has any initiatives to address some of these issues.”

In May, the governor, who has been vocal about criminal justice reform, signed a law removing the fee for ex-offenders to have their criminal record expunged. Lee said last month the move is an effort to remove the barriers to finding employment many face upon re-entry.

“We need to remove those obstacles for those who’ve served their sentences and paid the price for their crime,” Lee said. “We need to remove obstacles to make it easier for them to re-enter. I think anything we can do to remove a barrier for someone who has re-entered or is in the process of working, trying to get their feet back under them, trying to be a taxpayer, instead of a tax taker, we improve their success rate, and expungement fee reductions will improve that process.” Lee’s office did not respond to the Flyer‘s inquiry for additional comment.

“At the end of the day, what we’re doing is taking away someone’s liberty,” Castelli says. “The most crucial civil right you have is your liberty and your right to live free and not be incarcerated. The consequences are huge.”

Categories
News News Blog

Memphis to Train and Hire More Police Officers. Will It Affect Crime Rate?

In an effort to reduce violent crime in the city, the Memphis Police Department (MPD) is actively looking to hire more officers, with a goal of 2,300 commissioned officers by the end of 2020.

In his State of the City Address last month, Memphis Mayor Jim Strickland said MPD is on track to have 2,100 officers by the end of this year, after dropping to 1,900 in mid 2017.

The recent rise in the number of officers was aided by improved recruitment efforts and better pay for current officers, Strickland said.

“Our officers have received raises of as much as 7.75 percent since we took office, after almost seven years without any raise at all,” Strickland said in his address. “And as we assemble this year’s budget, pay for our public safety employees is at the top of our priority list.”

Anthony Rudolph, training commander at Memphis Police Training Academy attributes the increase in officers to the department’s enhanced recruiting efforts through attending job fairs and community events, both locally and in major cities as far away as Seattle.

[pullquote-2]

The academy has also added more training and testing dates to accommodate more interested applicants, Rudolph said.

In order to maintain the quality of the department as the quantity grows, Rudolph said MPD has “beefed up” the staff in the background unit, which is now at “full capacity.” The unit’s sole job is to screen applications, looking into the background of applicants to make sure they are suitable for the job.

When recruits leave the academy, Rudolph said they are “highly trained in what they do.”

In 2018, three police recruit classes were held, while five classes with 75 recruits in each are slated for this year, Rudolph said.

Why 2,300?

The mayor said employing more officers is an effort to continue to lower the violent crime rate here. The violent crime rate was down 4.2 percent in Memphis and 3.6 percent in all of Shelby County last year, according to an analysis released in January by the Memphis and Shelby County Crime Commission (MSCC).

Ursula Madden, the city’s chief communications officer said at the height of MPD’s staffing in 2011, there were roughly 2,400 commissioned officers. During that time, the violent crime rate was at its lowest since the MSCC started measuring the rate in 2006.

“Mayor Strickland has made it a priority to rebuild the police department,” Madden said. “To that end, our human resources team used our headcount from 2013 to set a goal to recruit and retain 2,300 officers by the end of 2020, while our consultants conduct a workforce analysis.”

Madden adds that the number could change based on the analysis of the consultant, which the city hasn’t received yet.

Will it Work?

Josh Spickler, executive director of Just City, a group that works to minimize the impact of the criminal justice system on people here, said “there is absolutely nothing wrong” with MPD wanting to hire more officers. But, not when done with the intention of reducing crime rates.

Josh Spickler

When the city says crime is up, so more officers need to be hired, Spickler said the city is “very overtly” saying that more police officers will impact the violent crime rate. But Spickler argues there is “no magic number” of officers at which violent crime decreases.

“Is there empirical evidence to suggest that hiring more officers will actually achieve that purpose?” Spickler said. “There’s no empirical evidence that I’m aware of that shows the number of officers has an effect on crime rates. If it’s there, show us. But it’s not there.”

Spickler said it’s “disingenuous” for the city to use violent crime as the reasoning for hiring more officers, saying he would rather hear the department say they have a personnel or staffing problem.

“That’s a totally different conversation and a very worthwhile one to have,” he said. “It leads to conversations about community policing and best ways to use our resources — the men and women in uniform. That’s the conversation I wish we would have.”

Spickler adds that in his opinion, parts of the community here are over-policed, saying that Memphis already has a high number of officers per capita.

[pullquote-1]

“I don’t think more officers on the streets is necessarily a good thing for the community,” Spickler said. “A big, big percentage of this community already experiences too much interaction with the police department.”

A Different Approach

Spickler said violent crime is typically the result of a lack of opportunities and hope for individuals, and that the community has to work to create that.

“I think that means engagement with those most susceptible to violent crime,” Spickler said. “How can we engage them in a way that gives them hope and opportunity. And you see some of that stuff from many different parts of city government.”

Spickler cites expanded community center and library hours, summer job programs, youth recreation, and gang intervention programs as some of the most valuable anti-crime measures the city has taken.

The country has passed the threshold in which more police presence, enhanced punishments, tougher prosecution could have an impact on crime, Spickler said.

“Yet, the community is very, very bad about that still,” Spickler said. “Those are the things that don’t work. We’re way past that, and yet that’s what we fall back on.”