Police Handcuff Child

It's an unusual sort of headline, isn't it? Grabs your attention. Of course, in this day and age, we all know that there are children who need to be handcuffed, children who commit horrific crimes, children with no idea of right and wrong, no concern for the welfare of others. Even children who murder others in cold blood, like the Columbine killers or Kip Kinkel . So when we read that police handcuffed a child, the natural reaction is to wonder what the kid was doing. Maybe there was a weapon involved, or perhaps other students or bystanders were at risk.

There is a subset of cases involving police handcuffing children that does not fit the above picture. A kindergarten student arrested for a temper tantrum. A little boy fingerprinted for being on a dirt bike. A girl handcuffed and detained because she had a pair of scissors in her backpack. Is this just unavoidable backlash as the terrible crimes committed by a few children naturally alter our evaluation of the danger posed by any child? Or is something else going on?

Here are a few relatively recent cases to consider (material in blocks is copyright linked source):

AVON PARK, Fla. -- Police arrested a 6-year-old Florida girl and even handcuffed her when she acted out in class. Police officers said Desre'e Watson, a kindergarten student at Avon Elementary School in Highlands County, had a violent run-in with a teacher on Thursday.

The kindergartner was booked in the Highland County jail and was charged with a felony and two misdemeanors.

ST. PETERSBURG, Fla. , April 25, 2005 -- An attorney says he plans legal action against St. Petersburg (Fla.) police officers who handcuffed an unruly 5-year-old girl after she acted up in her kindergarten class.

"The image itself will be seared into people's minds when you have three police officers bending a child over a table and forcibly handcuffing her," said Trevena, who represents the girl's mother, Inga Akins. "It's incomprehensible. ...There was no need for that."

BALTIMORE (Map, News) - Gerard Mungo Jr. starts to cry when he tells the story of his arrest by the Baltimore City police. Since he was handcuffed, photographed for a mug shot and fingerprinted Tuesday afternoon — all for allegedly sitting on a dirt bike on a sidewalk — Gerard said he is afraid to talk about it.

Gerard was brought to the Eastern District station house, where he was cuffed to a bench, then interrogated, he told The Examiner.

Note: Gerard's mother was later arrested , supposedly for being "verbally abusive" to police; she claims it was retaliation for publicizing Gerard's treatment.

Friday, October 3 , 2003 -- A federal judge said this week that it was "foolish" for Metro Transit Police to handcuff a 12-year-old girl for eating a french fry on a subway platform, but he ruled that the transit system did not violate her constitutional rights.

U.S. District Judge Emmet Sullivan dismissed claims by Tracy Hedgepeth that Metro Transit Police Officer Jason Fazenbaker illegally searched her daughter's backpack and treated her unfairly when he arrested her Oct. 23, 2000, after watching her enter the Tenleytown-AU Station and pop a single french fry into her mouth.

Note: current Supreme Court Chief Justice John Roberts ruled against Hedgepeth in an appeal.

ST. PETERSBURG -- The police officer handcuffed the suspect she was arresting on a charge of battery on a law enforcement officer, but not in the usual way.

Officer Kathleen Shelley asked 6-year-old Trayvon McRae to put his hands together. Because his arms were so skinny, she snapped a single cuff around both slender wrists. The other cuff she clipped through a belt loop of the dark blue pants that are part of his school uniform.

PHILADELPHIA -- Two top Philadelphia officials have apologized to a mother whose 10-year-old daughter was handcuffed at a public school.

Jackson was outraged after her 10-year-old daughter was handcuffed and put in a police wagon for bringing a pair of scissors to school.

In all of these cases the treatment of the children was unnecessarily harsh. The situations and confrontations were escalated rather than defused. Teachers have a wide range of discretion for how to handle misbehaving students, school officials can exercise their judgment as to whether to involve police, and police have a great deal of flexibility when dealing with children. It appears the authorities involved made an evaluation and decided the child needed to be handcuffed -- a decision that is, in retrospect, highly questionable in each of these instances.

It's also hard not to notice what sort of kids get handcuffed. The examples above cover a range of ages, include both boys and girls, and involve a variety of behaviors. The one constant is the race of the child. These examples aren't cherry-picked; you're welcome to search for yourself, but I consider them representative of such cases. From a purely logical perspective, there are two possible explanations for the apparently higher rate at which black children are unnecessarily handcuffed. The first possibility is that black kids are more disruptive or violent or prone to breaking rules. The second is that black kids are treated unfairly because of their skin color. (These possibilities aren't mutually exclusive, of course.) Let's see if the available data can shed some light on the topic.

Consider first the hypothesis that black students act differently from white students. There have been controversial suggestions that black kids view success in school as "acting white" and pattern their behavior on different role models than those adopted by white kids. For example :

"What amazed me is that these kids who come from homes of doctors and lawyers are not thinking like their parents; they don't know how their parents made it," Professor Ogbu said in an interview. "They are looking at rappers in ghettos as their role models, they are looking at entertainers. The parents work two jobs, three jobs, to give their children everything, but they are not guiding their children."

Bill Cosby went further and suggested blacks need to change their behavior in an inflammatory speech :

50 percent drop out rate, I’m telling you, and people in jail, and women having children by five, six different men. Under what excuse, I want somebody to love me, and as soon as you have it, you forget to parent. Grandmother, mother, and great grandmother in the same room, raising children, and the child knows nothing about love or respect of any one of the three of them. All this child knows is “gimme, gimme, gimme.” These people want to buy the friendship of a child... and the child couldn’t care less. Those of us sitting out here who have gone on to some college or whatever we’ve done, we still fear our parents. And these people are not parenting. They’re buying things for the kid. $500 sneakers, for what? They won’t buy or spend $250 on Hooked on Phonics.

A more nuanced interpretation is given by Juan Williams, who laments the lack of strong black leaders: "Where are the black leaders who will make it plain and say it loud? Who will tell you that if you want to get a job you have to stay in school and spend more money on education than on disposable consumer goods?"

With this in mind, it might be tempting to look at statistics showing blacks are punished more often in school or incarcerated more frequently (relative to the percentage of the population that is black) and conclude that blacks are, to put it bluntly, more badly behaved. But when you look more closely this hypothesis cannot explain the variance in rates. Start, for example, with the well-known discrepancy in drug sentencing guidelines that helped put a disproportionate number of blacks behind bars:

Blacks account for 80 to 90 percent of defendants convicted of crack offenses; whites and Hispanics for more than 70 percent of powder offenders. In 1992, one federal appellate judge said that the 100-to-1 ratio [in amount of cocaine versus crack that results in mandatory minimum sentences] "makes the war on drugs look like a 'war on minorities.' "

Then consider that even disregarding any bias in the structure of the laws, black youth who commit similar crimes and have no previous record are more likely to be incarcerated . Now it starts to become clear that some of the explanations for the disparity in black/white imprisonment are circularly self-serving: for example, from Florida we have the statement that "black offenders had higher rates of characteristics generally considered appropriate for higher rates of imprisonment and longer prison sentences. Black offenders had 14.3% higher total sentence points, were 27% more likely to have a prior record, and were 40.4% more likely to have a prior prison sentence." Well yes, if you ignore the bias in who enters the system then it looks fair to consider prior criminal history; in practice, you get a vicious loop.

Unfortunately (and predictably), these trends aren't confined to the criminal system. Black children are disproportionately punished in school; for example, 38% of students experiencing corporal punishment in 2003 were black, from a 17%-black student population. Again, there might be a temptation to attribute this result to greater black misbehavior; again, the data contradict such an interpretation. For example, see this study :

Black adolescents are much more likely to run afoul of the juvenile justice system than are similar white adolescents, even though the two groups self-report similar rates of offending. Within public schools we find the same differential pattern. Using three waves of longitudinal data collected in schools we evaluate several explanations for the disparity. The greater rates of punishment for blacks occur as a consequence of teachers' perceptions of the students' behavior, their knowledge of students' recent academic performance, and their knowledge of students' past record of being sanctioned. Since black adolescents in our sample received poorer grades and were rated as less well behaved in the past, they were more likely to have been sanctioned and therefore to acquire a cumulative disadvantage. The punishment disparity is best understood as the result of a social construction process.

As with the court system, punishment in schools shows another feedback loop of bias that discriminates against black youth. Teachers appear to unconciously judge students based on non-academic criteria -- even something as mundane as the name of the student can trigger bias: "According to Figlio, teachers see certain names as signals that students are from low-income homes, and in turn they do not expect the children to perform as well as their classmates. Those expectations become self-fulfilling prophecies." What is particularly upsetting is that these initial impressions are extremely difficult for students to overcome. If you will forgive a somewhat lengthy quote, I think this is a good summary:

Interestingly, schools with a large number of African-American teachers do not assign the same weight to children's names, Figlio found. If teachers are using the names as stereotype shorthand, the researcher said, schools with more African-American teachers and students tend to overcome the stereotype.

Doug Downey, an Ohio State University sociology professor, also has studied teacher expectations based on race, looking at how student behavior is evaluated. He found that white teachers say their African-American students are more disruptive and have shorter attention spans. However, he also found that African-American teachers did not assess black students in the same way, nor did white teachers rate white students as having similar behavior issues.

Downey said he doesn't believe white teachers deliberately see black students as troublemakers. "I suspect the process is more subtle than that," he said. "White teachers are not consciously aware of evaluation. They may be more comfortable with the behavior of white children than black children."

The problem seems clear: unconscious stereotypes lead to bias against black children, bias that is repeated and reinforced as they grow older. The solution is unclear. Human behavior is difficult to change, but perhaps by understanding the potential for bias teachers, principals, and police will be able to self-correct. Authority figures with significant flexibility should be held accountable for how they use their discretion through tracking and review, and they should have legitimate justification for their actions. Those who exhibit a pattern of profiling or outright racism should be either required to change their behavior or, if necessary, removed from their position. Until we identify and correct the pattern of bias, we'll only notice each incident on a case-by-case basis (if we happen to see the newspaper article at all), and just remark to ourselves how unfortunate it is that the police handcuffed that little kid.

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hmm

Downey said he doesn't believe white teachers deliberately see black students as troublemakers. "I suspect the process is more subtle than that," he said. "White teachers are not consciously aware of evaluation. They may be more comfortable with the behavior of white children than black children."

Well if the behavior of white children is less disruptive then sure they might be more comfortable with it...

I don't know what's going on but in general the idea that the black community needs "leaders" and that lack of good leaders is lamentable is a bit strange.

"To discuss evil in a manner implying neutrality, is to sanction it." AR

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Research suggests

that students who are objectively similarly distruptive but of different race might have their behavior interpreted differently by their teacher.

Why is it strange to suggest the black community needs more strong/good leaders? Aren't conservatives often critical of Sharpton, Jackson, et al? I know that on a local level there are many outstanding black leaders but I see plenty of room for improvement on a national level.

Come, my friends. 'Tis not too late to seek a newer world -- Tennyson

………… parent

no, my question was

why do they need "leaders" at all??? What is that? Do whites as a community have "leaders"? Latinos? I don't get this idea that an ethnic group of people needs their own ethnic leaders. That's nonsense.

"To discuss evil in a manner implying neutrality, is to sanction it." AR

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I've bounced this idea around myself..

I've brought this up among friends of mine. When the subject of black leaders comes up, I ask why we need a national go-to guy to lead us to the Promised Land in America. I doubt we really need a national leader anymore. Local-level leaders provide a much better example of role models for any ethnic community in my opinion, for several reasons:

- They are closer to those who seek the leadership. Plus you have a much higher chance of actually talking with them.

- They are more realistic and not Larger-Than-Life types who impose near-impossible-to-follow characteristics (example: If Oprah Winfrey can become a billionaire by starting a media company, so can you!)

- They are probably imperfect, which shows that despite race, we all make mistakes and can be humbled in some areas.

-There are many more of them--providing a diverse array of viable paths to success in America.

I always mention that the Revolution will not be Televised because it's already going on around them (in most cases). Many are waiting for the next MLK or Malcolm X personality to lead the people, but they cannot wait--problems central to the black community need solving now and not when the Leader gets here. (And yes, I am aware that the concerns of the black community are often shared in other communities as well).

http://wealthweekly.blogspot.com Wii FC:2805-8311-8040-2678 Brawl: 2277-7051-2186

………… parent

role models are good

and they can be of any race, but even if you look for an ethnic role model - that is fine as well. But they are not leaders. So Oprah is a good role model hands down, but she does not fit the whole Jesse Jackson mold. And I don't see a big deal if she is larger-than-life because she is still inspirational. I do agree about the local-level leaders.

The problem with "leaders" as discussed is that they are the MLK or Malcolm X types (even if the current batch doesn't measure up in any sense - they are the politicos and supposed speakers for the community), but I do not think the black community or any other community needs to have such "representatives" at this point in time. During MLK's time, yes, due to institutional racism and discrimination. But does the black community need a messiah now?

For example Obama would not be a black community leader, because he clearly transcends that and would be the president for all people, thus he does not qualify. Capable men and women can organize and deal with problems in the black community without self-promoting twerps like Sharpton. Ethnic leaders should be a thing of the past in today's society, without implying that we solved race/ethnic related problems, because having racial representatives should be an insult to free thinkers of all ethnic groups in the 21st century America.

"To discuss evil in a manner implying neutrality, is to sanction it." AR

………… parent

We Certainly Can

We can have leaders in the community who deeply care and are involved in said community and they be of a different race, no doubt. However, like it or not, race still matters in America. Black people are often portrayed as monoliths in the largest portions of the media. And we know how powerful the media is in our society today.

I would agree the Obama can be viewed as a community leader who is black, and not necessarily the other way around. However, the underlying condescension is still present--I've grown tired of the He's very articulate "compliment" people give him, as if they are surprised that the guy can conjugate a sentence. I've rarely heard anyone refer to Edwards or Romney as "articulate." They said the same thing about Colin Powell back in the 90s.

I could care less about Al Sharpton and his conch hairdo or Jesse Jackson. They're leftovers from Black Leaders 1.0 (yeah, I'm a geek). Black Leaders 2.0 would encompass leaders who don't limit themselves to their racial issues (meaning that just because they're black, they don't have the barrier that they can only handle "black" issues effectively).

However, sometimes the racial element is necessary because some kids (and even adults) to this day still believe that you cannot help with problems plaguing the black community unless you're black (which of course, is untrue, but the perception still remains).

As for the article above, I've seen most of them before, and it's unfortunate..but what can you do? People will still put perceptions on black youth based on what they see on TV. (i.e., if a black kid has braided hair, or dresses in a certain way, he is in a gang or will commit some crime eventually)

http://wealthweekly.blogspot.com Wii FC:2805-8311-8040-2678 Brawl: 2277-7051-2186

………… parent

Sadly wow!

I wonder if the bias of the authoritarian figures is towards the black parents of these children, as in what horrible parents black people are. There has been a subtle assault on parents as the cause of school children's problems, blaming them for the failure of public schools. I think that blame should rest more on economic factors, two parents working and the ensueing guilt.

I would argue that we need better role models in both the black and the white communities.

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Good point

Certainly economic factors can impact families, and certainly some parents do a lousy job preparing their children to thrive in school or society. I just want the authority figures to take responsibility for what is under their control, namely how they treat each individual child.

I'd also be interested in views of black parents, now that you bring it up, and how accurate the perceptions of authority figures are.

Come, my friends. 'Tis not too late to seek a newer world -- Tennyson

………… parent

By far

one of the best diaries I've seen on this site. Very impressive.

This story has a shock factor, but it also has a great ethical appeal to a broader problem. If we truly value justice and a meritocracy in the United States, we should not be treating kids as criminals, and our society should not be setting kids up to view themselves as criminals in a self-fulfilling prophecy, as you stated.

While the black community does need strong leaders and role-models, authority powers (with blatant racist patterns as your evidence shows) stifle much of the progress at very early stages. I am a firm believer in, if not outright determinism, at least the strong pull of social construction. If the power structures are perpetually already against blacks and look for these behaviors first, punish them harder, and punish them earlier, we are creating a race of criminals. Personal responsibility can only go so far when black 4 and 5 year-olds are sought out as the lower dregs of society (and humanity).

We are all mediators, translators. - Derrida
http://signicide.blogspot.com/

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Thanks

I really appreciate that.

If the power structures are perpetually already against blacks and look for these behaviors first, punish them harder, and punish them earlier, we are creating a race of criminals. Personal responsibility can only go so far when black 4 and 5 year-olds are sought out as the lower dregs of society (and humanity).

Exactly. This is not to say that the bias is so overt as to necessarily damage the lives of black youth, of course -- we really have made a lot of progress in the last hundred years, and children are very resilient regardless. But there are still fundamental injustices in the system that should be corrected to the extent possible.

Come, my friends. 'Tis not too late to seek a newer world -- Tennyson

………… parent

Handcuffing young children?!?

First of all, it's clear that it's disproportionately done to young black children.

Secondly, regardless of anybody's ethnic group or color, I can understand and see handcuffing adolescents, whoever they may be, when they act out in a superdisruptive manner, but handcuffing young children,regardless of their ethnic group or color, especially for petty behaviours as the ones mentioned above , is way, way over the top, imo, and a total disgrace. A new low has been reached here, folks.

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Outstanding work, Brendan -

I'd read before about the crack/cocaine incarceration rates (are you familiar with William Wimsatt? He did a collection of essays called No More Prisons that tackled this topic, among others), but that it never manages to find a good foothold in the national dialogue is another notch in that disgrace we call a penal system. I admit that I'm more conservative than some liberals on issues surrounding the drug war (and I bristle whenever I hear the words "decriminalize" applied to anything harder than marijuana), but given the gross and obvious disparity on this issue, it's hard to believe that it can't get more traction.

Well, maybe not too hard. What's the alternative? We make penalties lighter for crack offenses? Who's going to risk that kind of political suicide? We make penalties harder for cocaine offenses? Well, the campaign donors won't be happy once it's their sons and daughters tossed in the slammer. Blech. Heck, even bringing up drugs outside of a few memorized platitudes (Crack is Whack, yo) is terra incognita for a serious political candidate.

Saint, n. A dead sinner revised and edited. - Ambrose Bierce

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Thanks

I'll check Wimsatt out. I'm also not in favor of decriminalizing hard drugs, although I think the war on pot is destructive rather than helpful.

In the linked piece from Juan Williams, he agrees with you that lighter penalties for crack offenses aren't the real solution:

When he reflected on today's black civil rights leaders, Cosby essentially asked, Why are black leaders making the case for black crack addicts to get softer sentences? Why are black leaders so concerned that cocaine users get shorter sentences than crack smokers? Let's look at the logic. It is true that the people snorting cocaine are more often white and middle-class, and crack addicts are disproportionately black and lower-class. You can make the case for a racial disparity in sentencing. But what if all this effort from black leaders was successful and crack addicts got lower sentences?

"Hooray," Cosby said, spitting it out bitterly. "Anybody see any sense in this? Systemic racism, they [black leaders] call it." Then Cosby pointed out the obvious issue--but one that the black civil rights leadership somehow missed or for some reason underplayed. Black leaders, he declared, should tell poor black people to stop smoking crack. They ought to demonize anybody who does it. They should say it is a betrayal of all the black people who fought to be free, independent, and in control of their own lives since the day the first slave ship landed. They should identify the crack trade as one of the primary reasons why so many young black people are ending up in jail.

I don't entirely agree with this, since it seems likely that it's not a coincidence that the penalties are harsher for a crime primarily associated with African-Americans -- stamp out crack, and something else will become enforced in a biased manner. It also seems a bit paternalistic to suggest that the problem was just that black leaders weren't explaining crack was bad (along the lines of Ender and Charles' discussion above). But yeah, given the destructive nature of crack, the first priority should be to minimize its distribution and abuse. Fortunately, crack use appears to be declining . So that's part of the puzzle.

The other part is addressing the bias that is still pervasive in our society. I think it's the little things that add up to a big problem -- in between the racists and the professional victims, the silent majority seems to be trying to treat everyone equally and not quite managing. It's not about trying to make people feel guilty, just pointing out the facts so people are more informed and can better judge their own actions. Of course, there still are blatant examples of misconduct that need to be dealt with, but mostly this seems to be an issue that will require a shift in underlying attitudes and an abandonment of unconscious stereotypes. Slow work.

Come, my friends. 'Tis not too late to seek a newer world -- Tennyson

………… parent

Meth is the new 'crack'

It will be interesting to see how America deals with this problem since it affects lower and middle white rural America the most. We may be able to draw closer parallels between the treatment of the crack epidemic and the meth problem after more data comes in to see if it is a classist issue or a racial issue. I have not heard many updates on this epidemic, but I suppose it is still fairly prevalent at the moment.

We are all mediators, translators. - Derrida
http://signicide.blogspot.com/

………… parent

Oddly enough, the Patriot Act

had some provisions aimed at reducing meth manufacture. The libertarians weren't happy about that.

I expect class matters too. AFAIK the penalties for meth are pretty harsh. Penalties for abusing prescription drugs (a rapidly growing problem), not so much.

Come, my friends. 'Tis not too late to seek a newer world -- Tennyson

………… parent

You are right, crack is a

You are right, crack is a relevant example on racism and it probably applies in other fields too. Handcuffing a child can is wrong regardless the crimes that child did for the simple fact that kids are not responsible for their own deeds, they are victims of the society they grow up in. You don't arrest a crack addicted kid, you just put him safe in a treatment center. What are our expectations for the future if we handcuff children? Isn't there any other way to solve things? Gordman at Cliffside

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