Tag: sexism

Why I’m Against Mandatory Arrest Laws

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Laws that mean well sometimes have unintended consequences

Photo by Kindel Media

Mandatory arrest laws ostensibly exist to protect victims of violence. They are designed to send the message that domestic violence is intolerable and will result in immediate consequences. While mandatory arrest laws seem to have been born of good intentions, in practice, they often have negative results. They amplify the existing systemic racism in the criminal justice system, and they can also negatively impact the victims of crimes in a variety of ways.

These laws don’t actually keep survivors safer. Instead, they create many incentives that actually discourage survivors from reporting abuse. I also oppose these laws for a purely practical reason: they fail to effectively interfere in the cycle of violence.

Survivors don’t always want their abuser arrested

People who are in intimate partnerships with their abusers may have complicated feelings. They don’t want to be harmed any more, but they may also not want any harm to come to their abuser. This may cause them to change their minds about wanting their abuser arrested if that was even something that they wanted in the first place.

The pro-mandatory arrest argument is that abusers should be arrested anyway because domestic violence is cyclical. They are likely to repeat the abuse, and the abuse is likely to escalate in the future. Some mandatory arrest laws also include a “no-drop” policy, which prevents charges against the abuser from being dropped if the survivor decides not to pursue them later on.

Mandatory arrests take the power of choice away from the survivor

Someone who has been in a manipulative, controlling relationship or who has been subjected to physical or sexual abuse may already have been traumatized by circumstances that have stripped them of their agency and autonomy. Being deprived of choices during the legal response to an abuse situation can create additional trauma for the survivor.

The survivor may also be physically dependent upon their abuser. If two incomes are necessary to make ends meet in a household, and the abuser goes to jail, the survivor may end up behind on bills or even homeless. Because of all of these factors, the knowledge that the abuser is guaranteed to be arrested may prevent victims from seeking help from law enforcement.

Survivors don’t want to be arrested

Another argument against mandatory arrest is the fact that survivors will sometimes become violent or aggressive themselves in their efforts to defend themselves against the abuse. While most reasonable people would find some degree of this kind of reactive violence to be morally justifiable, existing social stereotypes about overly emotional or “hysterical” women can create social and legal disadvantages for survivors in these situations.

As Mary Anne Franks explains in her discussion of “Stand Your Ground” vs. “Battered Women’s Syndrome” defenses to charges of violence, the social and legal responses to people who use violence in self-defense are gendered.

Men are celebrated and encouraged when they use violence in self-defense, whereas women are shamed

A woman is more likely to be judged as “crazy” or “out-of-control” if she resorts to the use of force, regardless of the circumstances. If they choose to defend themselves, mandatory arrest laws may lead to the arrest of the survivor. Not only can this be deeply traumatic, it can also have other consequences.

Because of stereotypes about women who use violence, it may also be more difficult for a woman in this situation to defend herself in court. If the survivor and the abuser have children together, and both the survivor and the abuser go to jail, custody of their children may go to the state. The survivor may lose their job or housing as a result of their arrest, and be unable to support themselves or their children independent of their abuser. They may end up with a violent crime on their criminal record, limiting their future options for things like housing, education, employment, or parental rights, even though they were acting in self-defense.

Mandatory arrest laws are racist

People of color, specifically the Black community, have a complicated relationship with the justice system in general. Some argue that mandatory arrest laws protect all women equally because all women suffer gendered discrimination regardless of race. This argument ignores the fact that the criminal justice system does not provide as much protection for Black women as it does for white women.

When a Black woman makes allegations of abuse, she is less likely to be believed by police, and even less likely if she is poor, pregnant, or an addict. If she responds to the abuse with physical force, she is more likely to be judged as the aggressor, and thus more likely to be arrested herself. The consequences of being arrested may also be more severe for a Black woman, as she may be treated with less fairness by the criminal justice system.

Black men are more likely than white men to be taken seriously as the perpetrators of violent crimes, especially if the victim is a white woman. A Black man is more likely to be killed by the police in a chaotic situation and is more likely to face severe legal consequences for a violent crime than a white man. When a Black woman calls the police, she may feel torn between her need to escape interpersonal violence and her need to protect her family and community from police violence.

Mandatory arrest laws don’t work

While science has shown that mandatory arrest laws reduce recidivism in the short term, this is deceptive. Domestic violence is a systemic problem at both social and political levels, and these policies fail to address the root causes of the problem.

The laws don’t address the cultural history of men holding a socially dominant position over women, or the resulting sense of entitlement that men may have to power over women’s bodies or authority over women’s lives. They don’t address the social stigma surrounding being a survivor of violence. They also don’t provide survivors with the resources they need to maintain independence. Instead, these laws may lead to situations where the survivor becomes more dependent upon their abuser.

These laws may also cause survivors to become entangled in a criminal justice or family court system that does not effectively address their needs. They uphold existing structures of patriarchy and white supremacy, re-enforcing a cultural attitude towards survivors of violence which is both painfully misinformed and counter-productively paternalistic.

Aside from being morally problematic, mandatory arrest laws simply don’t work.

Originally published on medium.com on June 26th, 2021. 

Mentally Ill People Are Not Inherently Violent and Dangerous 

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Negative stereotypes place vulnerable people at higher risk 

man in straight jacket and laughs to himself with a disturbed look on his face in a darkened room with one window and a small amount of light shining through the window
Photo by Marko Garic 

Billions of people worldwide suffer from mental illness. 

While it’s true that people with mental illness are more likely to be violent than the general population, they are also more likely to be violently victimized than the general population. In fact, the average mentally ill person is more likely to be violently victimized than they are to be the perpetrator of violent acts. If they have some other identity characteristic that is stigmatized, like if they are black or trans, the risk gets even higher.

The images of mentally ill and otherwise neurologically disabled people presented by the media aren’t helping the situation. Mentally ill people are often depicted in a dehumanized way, as evil villains or as monstrous, beastly, out-of-control characters who are disposable to plot lines by virtue of their differences.

Mentally ill people are also often portrayed as helpless victims. This false dichotomy obscures the reality of mental illness. As someone who suffers from mental illness myself, I know that the vast majority of people who do are pretty normal people. Most of us aren’t scary monsters or scared, witless adult children, regardless of how we are portrayed in the media. 

The media demonizes common mental health symptoms like psychosis, hypersexuality, or self harm, feeding into social stigmas surrounding these kinds of symptoms. This stigma makes it more difficult for people to talk about these symptoms. This makes it more difficult or frightening for people to seek treatment, which then leads to less people getting help for their illnesses. 

We have to accept the reality, as mentally ill people, if we want to be functional, that we are both more likely to be dangerous, and more likely to be placed in dangerous situations. It’s also good for us and the people around us to have an awareness of how these realities affect our lives and how they can best support us for our own good, their own good, and the good of everyone around us. 

Mentally Ill People Are More Likely to be Assaulted

Studies show that mentally ill people are more likely to be physically abused or sexually assaulted than the general population. We are also often targeted for property crimes, such as internet or phone scams that also target groups like the elderly. 

Mentally ill people are more likely to be targeted for such crimes for multiple reasons. One of these is that, because mentally ill people are perceived as violent, it’s easier for an abusive person to blame their violence on the mentally ill person who is their victim. Mentally ill people are seen as less credible in general. We are less likely to be believed if we go to the police or to anyone to report a crime. 

Mentally Ill People Are More Likely to be Shot by The Police

It’s estimated that between about one quarter and one half of all fatal police shootings involve someone with a mental illness. People with untreated mental illnesses are possibly as much as sixteen times more likely to be killed by law enforcement. 

In a police encounter, it may be difficult for an officer to determine whether or not a person with a mental illness really is or isn’t a violent threat. This problem is exacerbated by racial factors.

 Bad public policy creates a vicious cycle 

A lack of public resources for things like mental health, housing, and addictions contributes to these problems. 

When mentally ill people are violent, or when we become so sick that we are unable to care for ourselves, we often become the responsibility of the state. The state often seriously fumbles the care of vulnerable people with mental illness or other disabilities. 

If someone doesn’t get treatment for their mental illness, often it will get worse. And if they are arrested for a violent crime or another crime due to their mental illness, incarceration often makes things worse instead of better. The standard of care for people with mental illnesses in jails and prison is very low. According to NAMI, around two thirds of people with mental illness don’t get proper care while incarcerated.

Fight the stigma 

It’s vital to make sure that mentally ill people receive a high standard of care. 

When people with mental illness receive a high standard of care, we are less likely to become dangerous towards ourselves or anyone else. We are also less likely to end up in danger ourselves. The best way to make sure that we get the care we need is to help the world see us as fully human and deserving of the same level of respect as other humans. 

Remember that the schizophrenic man you see shouting racial slurs on the street corner is still a person. So is the woman who is huddled in an empty store doorway wrapped in wool blankets and talking to herself. So is your co-worker who has emotional outbursts. So is your family member who is so depressed that they can’t get out of bed. 

We don’t stop being human because we are sick. Being sick isn’t a moral failing, or at least not a moral failing of the individual who is sick. Civilization is built on cooperation towards common goals, like the safety-and well being of everyone. If we cannot help people who are sick or otherwise incapacitated live healthy, normal lives, we are failing as a civilized society. We are failing at the very thing which makes us a civilized society.

Mass Incarceration of Nonviolent Offenders Harms Society

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Criminal justice reform in the US can’t happen fast enough

a barbed wire fence outside of a prison
Photo by Hédi Benyounes

The United States incarcerates more people than any other nation on earth, with about 2.3 million people currently locked up in 2019. This includes 1,306,000 in state prisons, 221,000 in federal jails and prisons, 612,000 in local jails, and 61,000 in immigrant detention centers.

Over 540,000 people are incarcerated who have not been convicted or sentenced. Median bail levels are often too high for the typical citizen to pay when they are detained.

A staggering 7.1 million people in the United States are under some kind of criminal justice supervision, including probation or parole.

Spending on prisons and jails has increased at triple the rate of spending on Pre‐K‐12 public education in the last thirty years.

Mass incarceration perpetuates a cycle of poverty, addiction, illness, and violence. It’s a huge cost to taxpayers, a human rights fiasco, and a national embarrassment.

On average, incarcerating someone costs $80-$100 per day. While the annual cost of corrections, 80 billion dollars, is often cited as the cost of incarceration; there are many hidden social costs.

According to a recent study, incarceration generates an additional ten dollars in social costs for every dollar spent on corrections. More than half of these costs are borne by families, children, and community members.

The costs borne by the incarcerated include lost productivity, reducing an individual’s lifetime earnings between ten and forty percent. By age 48, the typical former inmate will have earned $179,000 less than if they had never been incarcerated.

Formerly incarcerated people can also be banned by law from working in many industries, living in public housing, and receiving governmental benefits. A criminal record can reduce the likelihood of a job offer or job callback by close to 50%.

These are only a few of the obstacles making re-entry to society after jail or prison so difficult.

Education levels, job skill levels, employment rates, earning power, and mental health are all often low among people in jail or prison before they enter. The time they spend there only makes these problems worse.

A parent’s income is one of the strongest indicators of a child’s chances for upward economic mobility.

Incarceration decreases economic mobility generationally.

More than 1.2 million inmates are parents of children under the age of 18. This means that about 1 in 28 or 3.2 percent of children in the US have a parent in jail or prison.

It’s even worse for African Americans, with 1 in 9 black children having an incarcerated parent. This is a figure that has quadrupled over the past 25 years.

Forty-two percent of children who start out in the bottom fifth of the income distribution get stuck there as adults. It is again worse for African Americans, with 54 percent remaining in the bottom fifth.

When a wage-earning parent is locked up, families often struggle to make ends meet. A study found that in the period that a father was behind bars, the average child’s family income fell 22 percent compared with that of the preceding year.

Having a parent in jail or prison disadvantages a child for life.

People in the system experience chronic health conditions, infectious diseases, substance use disorders, and mental illnesses at much higher rates than the general population.

More than half of all incarcerated people have a mental illness.

One in five incarcerated people is locked up for a drug offense and an estimated one-half of people incarcerated meet the criteria for drug abuse or dependence. Only 11 percent of these people receive treatment for their addictions while incarcerated.

About forty-five percent of people in local and state prisons have both a mental illness and an addiction.

Locking people up doesn’t fix addiction and mental illness.

People benefit more from receiving treatment for their mental illness or drug addiction than they do from incarceration.

Drug treatment is more cost-effective and more effective at preventing recidivism than incarceration. So why are we sending people to jail instead of rehab? It doesn’t make sense on a fiscal or legal level.

Our current system punishes people arbitrarily and causes more harm than it prevents. Society as a whole would benefit more from a system that involves efforts to educate, heal, and rehabilitate those who commit crimes.

Locking each other in cages as punishment for non-violent crimes is a primitive and barbaric way for human beings to behave. It doesn’t prevent crime, it doesn’t make us safer, and it causes immeasurable harm to families, communities and future generations.

It’s time to redesign our justice system to be just.

Originally posted on medium.com on July 29th, 2019.