Chauvin’s status as a cop magnifies the gravity of his harm, so it’s certainly an aggravating factor. But intentionally inflicting twice as much suffering on him for that reason in the name of retribution reinforces a punitive moral framework that hurts more blacks than it helps.
If Chauvin had been sentenced to the presumptive 12.5 years, he would have had to serve at least 8.25 years (assuming good behavior), and most if not all of that time will be spent in “isolation for his own safety,” i.e., solitary, which @amnesty rightly recognizes as torture.
I have actively opposed the torture of prisoners that is the practice of solitary confinement—an 8X8 steel cage for at least 23 hours a day—for years, not only because it’s barbaric but also because it’s a form of barbarism the state disproportionately visits upon Black folk.
So even if Chauvin’s status as a police officer aggravates his wrongdoing, I don’t support doubling the torture of any wrongdoer, even the most monsterized, because I know black folk will bear the brunt of any approach to blame & punishment rooted in the logic of monsterization.
When I think of any human being crammed in an 8X8 cage for 8.25 years (99 months), I think of unfathomable suffering, crushing to contemplate. My dad traced his constant nightmares to the 4 weeks he spent in solitary. I can’t imagine his suffering multiplied 99 times for one man.
I understand that the retributive urge to inflict intentional suffering on wrongdoers, to prolong & intensify their agony, runs strong and deep. But 99 months of torture should be sufficient to slake our heartiest punitive urges; do we need 198 months of torture to get us there?
Even if we weren’t talking about the unique hell that’s solitary, prisons outside of solitary are still hellholes, places of extreme misery. What conception of justice equates accountability with the infliction of greater misery? One rooted in retribution, retaliation, & revenge.
Yet many decarceration activists have been fighting hard in these streets for years to move our blame and punishment attitudes & practices in the direction of a rehabilitation & redemption framework. It’s the only way to make deep & lasting cuts in racialized mass incarceration.
But the radically new moral framework prison abolitionists and anti-carceral activists champion must be applied consistently to maintain its legitimacy and moral credibility. The price of principle is consistency—even when it’s tough, uncomfortable, or extremely distasteful.
I can’t consistently say we must curb the retributive urge & embrace a more rehabilitative approach open to the possibility of redemption for the sake of racial justice (because Blacks inevitably inflame it the most) and yet let’s double Chauvin’s punishment, for most any reason.

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More from @NiggaTheory

27 Jun
My #DerekChauvinSentencing remarks for news shows on Friday have earned me condemnation in some circles and support in others. Ibram X. Kendi (author of How To Be An Antiracist) and I, for instance, took opposite positions when commenting on Chauvin’s sentence for @CBSNLive.
Kendi’s position—shared by most everyone—was that Chauvin should get maximum punishment. His rationale: if Chauvin were Black, he’d get severe punishment (as I show in N*gga Theory, courts do mete out more draconian sentences to Blacks), so punish him with that level of severity.
For too many, racial equality means treating White wrongdoers with the same draconian severity we already apply to similarly situated Black ones. For them, equality in punitiveness is an equality worth striving for. I demur, for down that road racial injustice lies.
Read 19 tweets
25 Jun
I’m taking a very unpopular position on #DerekChauvinSentencing, the same position I take on the appropriate punishment for violent wrongdoers and “moral monsters” in N*gga Theory—namely, we must resist seeking to gratify our retributive urge to maximize their punishment.
“I would hope that Judge Cahill sentences Chauvin to the maximum amount of time in prison,” a civil rights lawyer & activist said recently in a public forum held by the Legal Rights Center, a nonprofit group that provides indigent defense and advocates criminal justice reform.
Even activists who generally oppose mass incarceration too often revert to punitive and carceral attitudes when a violent crime has been committed against a member of a marginalized group, especially if the offender, like Chauvin, belongs to a socially dominant one.
Read 9 tweets
12 Sep 20
Alexander claims in “The New Jim Crow” that the US went from 300,000 incarcerated people in 1980 to over 2.2 million by 2010 by arresting and locking up low-level non-violent drug offenders. This is simply factually false. As Marc Mauer, John Pfaff and others point out...
Most prisoners in state prisons (where 87% of US prisoners reside) are not there for low-level non-violent drug offenses. Good estimates put the percentages of such prisoners in state prisons at around 5-6%, at most. Most people in prison are there for violent or serious offenses
So a false narrative which frames the problem of racialized mass incarceration (“The New Jim Crow”) around low-level non-violent offenders implies that deep cuts in mass incarceration can be achieved “on the cheap,” that is, by releasing or diverting a lot of such offenders.
Read 7 tweets
19 Jun 20
My JUNETEENTH reflections, delivered for @USC’s Juneteenth celebration this morning & to be delivered on the steps of LA City Hall later today:

On Juneteenth, we celebrate the deliverance of black bodies from America’s bondage.
When I think of black bodies in bondage, I first think of my own dad, literally & figuratively a big black patriot: a six foot eight-inch barrel-chested black veteran of the 2nd World War & proud Marine who, in the words of America the Beautiful—“more than self his country loved”
This fact baffled me for years. I couldn’t fathom a black man like my dad pledging allegiance to a flag, and the nation for which it stands, after that very same nation showed its gratitude for his military service by falsely incarcerating him for 22 to 55 years in a state pen...
Read 23 tweets
10 Nov 18
My Veterans Day thoughts center on my dad, this proud black Marine on the right, a patriotic American who fought Nazis for his country in WWII, only to have his own country turn on him after he returned, wrongfully sentencing him in 1968 to 22-55 years for pot possession & sale.
Standing 6 feet 8 inches tall, weighing 260 pounds, eloquent, successful in business, & flouting all the racial restrictions of his day, my barel-chested dad towered like a black Gulliver over the lily-white Lilliputians—call ‘em Lily-putians—in law enforcement who resented him.
After he became a jailhouse lawyer and successfully appealed his own case in Armour v. Salisbury, my dad, ever the proud Marine, felt no ill will toward the nation that had rewarded his patriotic service & sacrifice with a racist prosecution and miscarriage of justice!?
Read 4 tweets
7 Oct 18
I enjoyed talking to these great @usc undergrads & profs about free speech & academic freedom, for which I’m a fierce advocate: Black & other socially marginalized dissidents wind up bearing the brunt of crackdowns on transgressive utterances by status quo defenders & apologists.
Understandably, many find the N-word I deploy in my scholarship offensive & dehumanizing—a form of “hate speech.” For them, the word’s deeply racist roots make any & all current-day uses of it tainted fruit of the poisonous tree. The NAACP formally buried it in Detroit in 2006!
I’ve had some of these N-word abolitionists picket my speaking engagements b/c they found my use of the blood-soaked epithet in print & in speeches offensive and dehumanizing: a form of “hate speech.” For them, the word’s indelibly hateful meaning made me a purveyor of hate.
Read 10 tweets

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