Features

The First Amendment in Action

Marybel Gonzalez ’09 of Telemundo Chicago

A Democracy Reader: Part 4: Freedom of the Press

Part 1: The Field of Blood (Excerpt)

Part 2: The Authoritarian Pandemic

Part 3: The Oath and the Office (Excerpt)

Part 5: How Democracies Die (Excerpt)

Part 6: Policing the Police

Part 7: Teaching Politics in the Age of COVID-19

As multiple crises converged on the nation in May, reporters Marybel Gonzalez ’09 of Telemundo Chicago and Sam Kelly ’18 of the Chicago Sun-Times were sent into the Chicago streets to cover the protests and confrontations with police that followed the death of George Floyd in police custody in Minneapolis. Amid a global pandemic, a national reckoning with racism and police brutality and deep political divisions, Gonzalez and Kelly reflected on working in journalism in a time of crisis amid cries of “fake news” from the President of the United States.

PCM: What was your role in covering the recent protests in Chicago?

Gonzalez: I’ve been covering the protests since they first started here in Chicago. The first large-scale George Floyd protests were held May 30 in downtown Chicago. Since then, our entire news team has been diligently covering all angles of the current events. In conjunction with our NBC 5 sister station, we’ve covered every major neighborhood in Chicago and its suburbs. Telemundo has specifically focused on the largely Hispanic communities, including Pilsen, Little Village, Belmont Cragin, Brighton Park and West Chicago, to name a few.

Kelly: I’m a breaking news reporter, so I work on the 24-hour breaking desk. I work the night shift. The protests were the news, and so that’s what I was covering. I got sent out into downtown Chicago on Saturday night and I put my bike on the bike rack of my car. I parked outside of downtown and then I biked in. I think the worst of the confrontations between police and protesters was in the afternoon that day. But it was still certainly pretty hectic late that evening as well. The cops were frantically just driving all over the place, in some cases. In other cases, there were large congregations of police just trying to hold lines to make sure people weren’t passing beyond a certain point in town. Things escalated on and off throughout the evening as far as confrontations between police and protestors.

PCM: Tell us what you’ve witnessed.

Gonzalez: From peaceful demonstrations and civil resistance to looting and acts of violence between police officers and residents, I’ve witnessed firsthand how the George Floyd protests and riots have unfolded across our city and surrounding areas. I’ve reported on a crowd of thousands who took to the streets of downtown Chicago chanting while they marched, while others knelt and took a moment of silence to call for an end to racial violence. On the other hand, we’ve also witnessed looting of commercial retail stores and small mom-and-pop shops. We’ve interviewed business owners on the aftermath of these acts, some of them denouncing the vandalism, while others saying they understand the anger behind them. In areas like Brighton Park, Pilsen and Cicero we’ve done stories about how local gang members guarded their neighborhood stores against looting.

We’ve also reported on how some have used their own resources, platforms and creativity as a way of protest. In Little Village, for example, a group of people performed an Aztec dance to show the Latino community’s support for the Black Lives Matter movement. In the city of Aurora, business owners commissioned local artists to paint murals on their boarded-up storefronts to show solidarity for the protests. Outside of Chicago Police headquarters, Black female clergy leaders read prayers and poems out loud demanding police reform.

The manner and platforms in which activists, residents and protestors have expressed their solidarity varies. However, based on interviews we’ve conducted, the call to action of many of them is the same: people are demanding justice for George Floyd and for all others who have died while in police custody.

As a journalist, it’s been important to cover all angles of how these events, as they add context as to why these protests are taking place.

PCM: Sam, you saw one officer spit at a protestor and others tackle a protestor and hit him with a baton. How surprising was it to see that kind of reaction from police?

Kelly: Not very surprising, to be honest. I understand the history of police in this country and Chicago especially. I’ve lived here my whole life. I understand that tensions are really high among protestors and among police. I work with police every day in my job, as far as my usual reporting, so I wasn’t surprised to see them responding that way.

I have a lot of personal feelings about the police relationship with Black communities and communities of color and impoverished communities, but I have to put those aside as a journalist and just report what I see as accurately as possible and try to let justification or lack of justification for any actions make themselves clear without inserting myself into the situation. But that can be hard sometimes because I’m also just a person, and I have my own feelings about the situation.

In that instance, I wasn’t filming when the cop spat at the protestor’s feet because up until that point, it had just been a guy walking by with his fist raised, shouting slogans, shouting “Black Lives Matter,” “No justice, no peace.” He purposefully walked very near the officers but never threatened violence or anything. I wasn’t filming every single thing I saw because there was so much happening, but once I saw the cop spit at the guy’s feet, I pulled my phone out. But you know there were a lot of moments like that, but I wasn’t really processing them emotionally as much as just trying to do my job.

PCM: Have you covered protests in the past? If so, how are these protests different?

Gonzalez: While working as an investigative reporter along the U.S.-Mexico border in the Rio Grande Valley, I covered protests calling attention to family separations due to enforcement of the Zero Tolerance Policy, rallies against and in favor of border wall construction along that region, and protests related to the detention of migrant children in the area. However, the George Floyd protests are vastly different from ones I’ve covered in the past. For one, the scale of these protests is notable. People across the globe have taken to the streets to protest in the name of George Floyd. Social media platforms have also played a large role in this. People have used those streams to coordinate virtual protests. These avenues have allowed people to upload images and videos of the protests as they are happening. While this has led to a plethora of valuable information being shared, it’s also caused a lot of misinformation to spread as well.

It’s also worth noting that these protests are happening in the middle of the COVID-19 pandemic. Because of that, we’ve had to be mindful of how we can cover these protests up close, while also ensuring the safety of our news team and our interviewees. Now more than ever, newsrooms require we have all hands on deck to cover the fast-changing events. However, due to the pandemic, many newsrooms across the nation have had to cut staff and therefore also resources that are needed in times like these.

PCM: There have been instances of reporters being injured or arrested. Have you felt unsafe?

Kelly: The only times I ever felt unsafe were when I got caught in the middle of skirmishes or potential skirmishes. There were a lot of times when protestors would start to congregate near cops and maybe a few rocks would be thrown. Obviously the police’s plan for diffusing the situation—and it worked pretty well for them—was just to run in a line at the protestors. Every time that happened, the protestors would turn around and sprint back down the street. I was on my bike, like I said, so a few times I felt nervous about getting caught up in that. I also knew in those moments the police wouldn’t distinguish me from anyone else, so I had to run with them.

Gonzalez: Across the country, we’ve learning of incidents of violence against media. We’ve heard reports and seen videos of photographers and reporters allegedly being assaulted by law enforcement and residents. We’ve even heard of reports of journalists arrested while covering a protest.

Our company has been very good at providing security for us if we are covering any large-scale protest or rally. We’ve also been instructed to drop our assignment if we feel our safety is in jeopardy.

However, it is concerning that members of the media are facing violent acts and arrests.  Now more than ever, we need journalists on the ground covering what is happening in real time. We are committed to informing our viewers of these historic moments. Incidents like these only interfere with our duty to ensure public transparency and our responsibility to tell the stories of those involved in these current events.

Can you speak to the commitment of being a journalist covering this issue at a time when the media is facing such challenges?

Kelly: It bothers me to see the way Trump talks about the press and the attitudes that people have developed about the press. Because I think when journalism is done correctly, it’s a valuable resource to our community, to our society.

That being said, I understand the frustration that a lot of communities have with the press, communities that may have been misrepresented historically. I don’t necessarily hold it against anyone who has those convictions in good faith. I have seen a lot of things on social media about journalists who are coming under attack at protests. And it is infuriating, absolutely, and it makes me upset. But I also think a lot of the journalism community is making this about themselves, and that bothers me as well, because the communities that are protesting have been dealing with that violence forever, for generations. So if anything the recent events have encouraged me to try be mindful of my role in the situation as best as I can. The last thing I want to do is make things worse. Within my power, my main goal has been to put an accurate description out there that includes the voices and perspectives that maybe haven’t been heard from as much in the situation that’s going on.

Gonzalez: I believe journalism is critical in shaping our democracy. Journalism ensures transparency at all levels. Through fact-checking, it holds those in power accountable; through storytelling, it gives a voice to those at the center of a given event. Journalism ensures the public is well-informed so that they can make their own decisions about the issues that make a difference in their communities. I would say that democracy cannot exist without freedom of the press.

How Democracies Die

How Democracies Die

How Democracies Die

A Democracy Reader: Part 5: Democratic Breakdown


How Democracies Die

Excerpted from : How Democracies Die, by Steven Levitsky and Daniel Ziblatt ’95 – Crown, 2018 320 pages, $16.


Part 1: The Field of Blood (Excerpt)

Part 2: The Authoritarian Pandemic

Part 3: The Oath and the Office (Excerpt)

Part 4: The First Amendment in Action

Part 6: Policing the Police

Part 7: Teaching Politics in the Age of COVID-19

Is our democracy in danger? It is a question we never thought we’d be asking. We have been colleagues for fifteen years, thinking, writing, and teaching students about failures of democracy in other places and times— Europe’s dark 1930s, Latin America’s repressive 1970s. We have spent years researching new forms of authoritarianism emerging around the globe. For us, how and why democracies die has been an occupational obsession.

But now we find ourselves turning to our own country. Over the past two years, we have watched politicians say and do things that are unprecedented in the United States—but that we recognize as having been the precursors of democratic crisis in other places. We feel dread, as do so many other Americans, even as we try to reassure ourselves that things can’t really be that bad here. After all, even though we know democracies are always fragile, the one in which we live has somehow managed to defy gravity. Our Constitution, our national creed of freedom and equality, our historically robust middle class, our high levels of wealth and education, and our large, diversified private sector—all these should inoculate us from the kind of democratic breakdown that has occurred elsewhere.

Yet, we worry. American politicians now treat their rivals as enemies, intimidate the free press, and threaten to reject the results of elections. They try to weaken the institutional buffers of our democracy, including the courts, intelligence services, and ethics offices. American states, which were once praised by the great jurist Louis Brandeis as “laboratories of democracy,” are in danger of becoming laboratories of authoritarianism as those in power rewrite electoral rules, redraw constituencies, and even rescind voting rights to ensure that they do not lose. And in 2016, for the first time in U.S. history, a man with no experience in public office, little observable commitment to constitutional rights, and clear authoritarian tendencies was elected president.

What does all this mean? Are we living through the decline and fall of one of the world’s oldest and most successful democracies?

At midday on September 11, 1973, after months of mounting tensions in the streets of Santiago, Chile, British-made Hawker Hunter jets swooped overhead, dropping bombs on La Moneda, the neoclassical presidential palace in the center of the city. As the bombs continued to fall, La Moneda burned. President Salvador Allende, elected three years earlier at the head of a leftist coalition, was barricaded inside. During his term, Chile had been wracked by social unrest, economic crisis, and political paralysis. Allende had said he would not leave his post until he had finished his job—but now the moment of truth had arrived. Under the command of General Augusto Pinochet, Chile’s armed forces were seizing control of the country.

Early in the morning on that fateful day, Allende offered defiant words on a national radio broadcast, hoping that his many supporters would take to the streets in defense of democracy. But the resistance never materialized. The military police who guarded the palace had abandoned him; his broadcast was met with silence. Within hours, President Allende was dead. So, too, was Chilean democracy.

This is how we tend to think of democracies dying: at the hands of men with guns. During the Cold War, coups d’état accounted for nearly three out of every four democratic breakdowns. Democracies w in Argentina, Brazil, the Dominican Republic, Ghana, Greece, Guatemala, Nigeria, Pakistan, Peru, Thailand, Turkey, and Uruguay all died this way. More recently, military coups toppled Egyptian President Mohamed Morsi in 2013 and Thai Prime Minister Yingluck Shinawatra in 2014. In all these cases, democracy dissolved in spectacular fashion, through military power and coercion.

But there is another way to break a democracy. It is less dramatic but equally destructive. Democracies may die at the hands not of generals but of elected leaders—presidents or prime ministers who subvert the very process that brought them to power. Some of these leaders dismantle democracy quickly, as Hitler did in the wake of the 1933 Reichstag fire in Germany. More often, though, democracies erode slowly, in barely visible steps.

In Venezuela, for example, Hugo Chávez was a political outsider who railed against what he cast as a corrupt governing elite, promising to build a more “authentic” democracy that used the country’s vast oil wealth to improve the lives of the poor. Skillfully tapping into the anger of ordinary Venezuelans, many of whom felt ignored or mistreated by the established political parties, Chávez was elected president in 1998. As a woman in Chávez’s home state of Barinas put it on election night, “Democracy is infected. And Chávez is the only antibiotic we have.”

When Chávez launched his promised revolution, he did so democratically. In 1999, he held free elections for a new constituent assembly, in which his allies won an overwhelming majority. This allowed the chavistas to single-handedly write a new constitution. It was a democratic constitution, though, and to reinforce its legitimacy, new presidential and legislative elections were held in 2000. Chávez and his allies won those, too. Chávez’s populism triggered intense opposition, and in April 2002, he was briefly toppled by the military. But the coup failed, allowing a triumphant Chávez to claim for himself even more democratic legitimacy.

It wasn’t until 2003 that Chávez took his first clear steps toward authoritarianism. With public support fading, he stalled an opposition-led referendum that would have recalled him from office—until a year later, when soaring oil prices had boosted his standing enough for him to win. In 2004, the government blacklisted those who had signed the recall petition and packed the supreme court, but Chávez’s landslide reelection in 2006 allowed him to maintain a democratic veneer. The chavista regime grew more repressive after 2006, closing a major television station, arresting or exiling opposition politicians, judges, and media figures on dubious charges, and eliminating presidential term limits so that Chávez could remain in power indefinitely. When Chávez, now dying of cancer, was reelected in 2012, the contest was free but not fair: Chavismo controlled much of the media and deployed the vast machinery of the government in its favor. After Chávez’s death a year later, his successor, Nicolás Maduro, won another questionable reelection, and in 2014, his government imprisoned a major opposition leader. Still, the opposition’s landslide victory in the 2015 legislative elections seemed to belie critics’ claims that Venezuela was no longer democratic. It was only when a new single-party constituent assembly usurped the power of Congress in 2017, nearly two decades after Chávez first won the presidency, that Venezuela was widely recognized as an autocracy.

This is how democracies now die. Blatant dictatorship—in the form of fascism, communism, or military rule—has disappeared across much of the world. Military coups and other violent seizures of power are rare. Most countries hold regular elections. Democracies still die, but by different means. Since the end of the Cold War, most democratic breakdowns have been caused not by generals and soldiers but by elected governments themselves. Like Chávez in Venezuela, elected leaders have subverted democratic institutions in Georgia, Hungary, Nicaragua, Peru, the Philippines, Poland, Russia, Sri Lanka, Turkey, and Ukraine. Democratic backsliding today begins at the ballot box.

The electoral road to breakdown is dangerously deceptive. With a classic coup d’état, as in Pinochet’s Chile, the death of a democracy is immediate and evident to all. The presidential palace burns. The president is killed, imprisoned, or shipped off into exile. The constitution is suspended or scrapped. On the electoral road, none of these things happen. There are no tanks in the streets. Constitutions and other nominally democratic institutions remain in place. People still vote. Elected autocrats maintain a veneer of democracy while eviscerating its substance.

Many government efforts to subvert democracy are “legal,” in the sense that they are approved by the legislature or accepted by the courts. They may even be portrayed as efforts to improve democracy—making the judiciary more efficient, combating corruption, or cleaning up the electoral process.

Newspapers still publish but are bought off or bullied into self-censorship. Citizens continue to criticize the government but often find themselves facing tax or other legal troubles. This sows public confusion. People do not immediately realize what is happening. Many continue to believe they are living under a democracy. In 2011, when a Latinobarómetro survey asked Venezuelans to rate their own country from 1 (“not at all democratic”) to 10 (“completely democratic”), 51 percent of respondents gave their country a score of 8 or higher.

Because there is no single moment—no coup, declaration of martial law, or suspension of the constitution—in which the regime obviously “crosses the line” into dictatorship, nothing may set off society’s alarm bells. Those who denounce government abuse may be dismissed as exaggerating or crying wolf. Democracy’s erosion is, for many, almost imperceptible.

How vulnerable is American democracy to this form of backsliding? The foundations of our democracy are certainly stronger than those in Venezuela, Turkey, or Hungary. But are they strong enough?

Answering such a question requires stepping back from daily headlines and breaking news alerts to widen our view, drawing lessons from the experiences of other democracies around the world and throughout history. For the sake of clarity, we are defining a democracy as a system of government with regular, free and fair elections, in which all adult citizens have the right to vote and possess basic civil liberties such as freedom of speech and association. Studying other democracies in crisis allows us to better understand the challenges facing our own. For example, based on the historical experiences of other nations, we have developed a litmus test to help identify would–be autocrats before they come to power. We can learn from the mistakes that past democratic leaders have made in opening the door to would–be authoritarians—and, conversely, from the ways that other democracies have kept extremists out of power. A comparative approach also reveals how elected autocrats in different parts of the world employ remarkably similar strategies to subvert democratic institutions. As these patterns become visible, the steps toward breakdown grow less ambiguous—and easier to combat. Knowing how citizens in other democracies have successfully resisted elected autocrats, or why they tragically failed to do so, is essential to those seeking to defend American democracy today.

We know that extremist demagogues emerge from time to time in all societies, even in healthy democracies. The United States has had its share of them, including Henry Ford, Huey Long, Joseph McCarthy, and George Wallace. An essential test for democracies is not whether such figures emerge but whether political leaders, and especially political parties, work to prevent them from gaining power in the first place—by keeping them off mainstream party tickets, refusing to endorse or align with them, and when necessary, making common cause with rivals in support of democratic candidates. Isolating popular extremists requires political courage. But when fear, opportunism, or miscalculation leads established parties to bring extremists ­into the mainstream, democracy is imperiled.

Once a would–be authoritarian makes it to power, democracies face a second critical test: Will the autocratic leader subvert democratic institutions or be constrained by them? Institutions alone are not enough to rein in elected autocrats. Constitutions must be defended—by political parties and organized citizens, but also by democratic norms. Without robust norms, constitutional checks and balances do not serve as the bulwarks of democracy we imagine them to be. Institutions become political weapons, wielded forcefully by those who control them against those who do not. This is how elected autocrats subvert democracy—packing and “weaponizing” the courts and other neutral agencies, buying off the media and the private sector (or bullying them into silence), and rewriting the rules of politics to tilt the playing field against opponents. The tragic paradox of the electoral route to authoritarianism is that democracy’s assassins use the very institutions of democracy—gradually, subtly, and even legally—to kill it.

America failed the first test in November 2016, when we elected a president with a dubious allegiance to democratic norms. Donald Trump’s surprise victory was made possible not only by public disaffection but also by the Republican Party’s failure to keep an extremist demagogue within its own ranks from gaining the nomination.

How serious is the threat now? Many observers take comfort in our Constitution, which was designed precisely to thwart and contain demagogues like Donald Trump. Our Madisonian system of checks and balances has endured for more than two centuries. It survived the Civil War, the Great Depression, the Cold War, and Watergate. Surely, then, it will be able to survive Trump.

We are less certain. Historically, our system of checks and balances has worked pretty well—but not, or not entirely, because of the constitutional system designed by the founders. Democracies work best—and survive longer—where constitutions are reinforced by unwritten democratic norms. Two basic norms have preserved America’s checks and balances in ways we have come to take for granted: mutual toleration, or the understanding that competing parties accept one another as legitimate rivals, and forbearance, or the idea that politicians should exercise restraint in deploying their institutional prerogatives. These two norms undergirded American democracy for most of the twentieth century. Leaders of the two major parties accepted one another as legitimate and resisted the temptation to use their temporary control of institutions to maximum partisan advantage. Norms of toleration and restraint served as the soft guardrails of American democracy, helping it avoid the kind of partisan fight to the death that has destroyed democracies elsewhere in the world, including Europe in the 1930s and South America in the 1960s and 1970s.

Today, however, the guardrails of American democracy are weakening. The erosion of our democratic norms began in the 1980s and 1990s and accelerated in the 2000s. By the time Barack Obama became president, many Republicans, in particular, questioned the legitimacy of their Democratic rivals and had abandoned forbearance for a strategy of winning by any means necessary. Donald Trump may have accelerated this process, but he didn’t cause it. The challenges facing American democracy run deeper. The weakening of our democratic norms is rooted in extreme partisan polarization—one that extends beyond policy differences into an existential conflict over race and culture. America’s efforts to achieve racial equality as our society grows increasingly diverse have fueled an insidious reaction and intensifying polarization. And if one thing is clear from studying breakdowns throughout history, it’s that extreme polarization can kill democracies.

There are, therefore, reasons for alarm. Not only did Americans elect a demagogue in 2016, but we did so at a time when the norms that once protected our democracy were already coming unmoored. But if other countries’ experiences teach us that polarization can kill democracies, they also teach us that breakdown is neither inevitable nor irreversible. Drawing lessons from other democracies in crisis, this book suggests strategies that citizens should, and should not, follow to defend our democracy.

Many Americans are justifiably frightened by what is happening to our country. But protecting our democracy requires more than just fright or outrage. We must be humble and bold. We must learn from other countries to see the warning signs—and recognize the false alarms. We must be aware of the fateful missteps that have wrecked other democracies. And we must see how citizens have risen to meet the great democratic crises of the past, overcoming their own deep-seated divisions to avert b­­reakdown. History doesn’t repeat itself. But it rhymes. The promise of history, and the hope of this book, is that we can find the rhymes before it is too late.

Daniel Ziblatt ’95 and Steven Levitsky are colleagues at Harvard University, where Ziblatt is the Eaton Professor of the Science of Government and Levitsky is professor of government.

Excerpted from How Democracies Die. Copyright © 2019 by Steven Levitsky and Daniel Ziblatt. Excerpted by permission of Broadway Books. All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.

Policing the Police

Joyce Hicks ’74

Joyce Hicks ’74

Sheriff Paul Pastor ’71

Sheriff Paul Pastor ’71

A Democracy Reader: Part 6: Equal Justice

Part 1: The Field of Blood (Excerpt)

Part 2: The Authoritarian Pandemic

Part 3: The Oath and the Office (Excerpt)

Part 4: The First Amendment in Action

Part 5: How Democracies Die (Excerpt)

Part 7: Teaching Politics in the Age of COVID-19

A confident, no-nonsense person, Joyce Hicks ’74 spent most of her career in city government, fixing and managing agencies by making data-driven decisions. A UC Berkeley-educated lawyer, she was recruited to lead several departments in Oakland, including its Citizens Police Review Board (CPRB). Toward the end of her professional career, she led for almost a decade one of the most powerful civilian police oversight bodies in the country, San Francisco’s Office of Citizen Complaints (OCC), now the Department of Police Accountability.

But on May 25, Hicks did something uncharacteristic. She rushed to judgment, certain that she had just witnessed a murder.

The death of George Floyd under the knee of a Minneapolis police officer overcame her with so much emotion that she wept. “In my career I had never seen such a sustained and callous disregard for life and plea for mercy,” says Hicks, who is African American. “George was just a bit older than my own son.”

For his part, Sheriff Paul Pastor ’71 thought he had pretty much seen it all during more than 40 years in law enforcement, but on May 25, he, too, was taken aback. “What happened in Minneapolis took place in the midst of America’s long-standing unresolved racial divide,” the longtime sheriff of Pierce County says. “Police officers encounter this divide on a regular basis, and their decisions have the potential to perpetuate it or to help resolve it. In Minneapolis, we saw an instance of perpetuation.”

Both Hicks and Pastor pointed out that policing involves hard ethical and legal decisions that frequently have to be made in difficult and chaotic situations.

One of the first things that Hicks did as executive director of Oakland’s CPRB in the mid-2000s was to take an 10-hour ride along with a police sergeant. One of the things she quickly learned was the inadequacies of the practice of hiring young officers, some even straight out of high school. “They don’t have enough life experience and knowledge necessary yet to process some of the situations they will be in,” she says about young cadets.

In George Floyd’s case, three officers involved were charged with aiding and abetting second-degree murder. Two of those officers were novices. “When you’re a rookie cop and your field training officer is doing something wrong, it takes a lot of courage to say stop. There has to be a culture shift. You have to have your own moral code.”

Pastor agrees. He advises law enforcement agencies to reexamine their cultures because “culture is more pervasive and powerful than rules and procedures. This does not mean that all agency cultures are hopelessly tainted. It means that we need to refine and rededicate to key ethical values. Where we find that we fall short, we need to own up and make changes.”

He argues that the men and women who carry badges make millions of good, ethical decisions every day. “But there are also instances in which we let the community down,” he says. “Instances in which our people do the wrong thing. Instances in which we hurt community members and undermine what we claim to stand for.”

Pierce County is more than 1,500 miles from Minneapolis, but Pastor says people in his community have experienced the same profound anger, frustration and disappointment felt in communities across the country. He saw those same feelings among his personnel in the Sheriff’s Office.

“I believe that it is necessary for us to ‘call out our own’ when mistakes are made or when conduct is just plain wrong,” he says. “The actions in Minneapolis reflect on the credibility of my deputies. I tell my new recruits that, whether fair or unfair, the conduct of any of us reflects on all of us. Especially in the age of hand-held video and body cameras, our conduct is on display and subject to review.”

He adds that incidents involving the use of force against Black men by police officers stand as markers of America’s racial divide. “Those who peacefully protested earlier incidents as well as those who protest the death of Mr. Floyd have a simple but important message. Namely, that ‘equal justice under the law’ is the very essence of what America is supposed to stand for.

“I’ve seen things get better in our profession. Hopefully, I’ve contributed to that a bit. But things still need to get better than this. And the recent incident in Minneapolis sure feels like a setback.”

Unfortunately, Hicks believes, for Blacks in America, setbacks have become the norm. She recalls that her father, who was a pilot with the original Tuskegee Airmen during World War II, protested the mistreatment of Black officers by white commanders. “We’re still protesting some of the things my late father once protested,” she says. “As a society, we’re going backwards in terms of race baiting and inciting violence based on race.”

But in terms of civilian oversight of police, she believes the country is moving forward. “The work in San Francisco and the progress these agencies are making around the country is hard work, but it is forward-thinking,” she says. “But until this country can come to grips with racism, the job of police officers will continue to be treacherous and also be a microcosm of our society.”

At a time when there is a public outcry for police reform, Hicks believes a civilian agency overseeing a police department can make a difference. While in San Francisco, she had to build relationships with community groups, police administrators and union officials. She carefully examined police department patterns through data collection, and she also had to improve the caliber of investigations focusing on complaints that raised policy issues, such as vehicle pursuits and use of force.

Under her leadership, San Francisco civilian investigators looked into citizen accusations of misconduct or neglect of duty, interviewing the complainant, the officer and witnesses and gathering internal and external documentary evidence. The office’s decisions were based on relevant evidence. If the investigators sustained a complaint, Hicks would send a report to the police chief, who could hold a disciplinary hearing. Hicks also had the discretion to forward a complaint to the police commission if the chief did not agree that misconduct had occurred. For more serious misconduct, Hicks filed charges directly with the police commission, with or without the concurrence of the police chief. “Civilians can hold the police accountable in ways that extend far beyond individual complaints, potentially covering broad areas of police practice and policy,” she notes. “It is important to effect change on police department policies. Only a small number of officers will be impacted with disciplinary matters, but policy change is department-wide.”

One of the programs Hicks is most proud of is the mediation program created at the OCC. The voluntary program meant that both the complainant and the police officer had to agree to mediate. In San Francisco over 90% of the eligible officers and 55% of complainants agreed to participate in mediation. “We had the highest voluntary per-capita officer participation rate in our mediation program in the nation. We had skilled mediators who conducted these mediations. The conversation wasn’t always about an apology, but it was about both the officer and the complainant having an opportunity to explain their position.”

Currently there are more than 200 civilian oversight boards in the U.S. and 18,000 law enforcement agencies, according to the National Association for Civilian Oversight of Law Enforcement, an association where Hicks was a board member. There’s no strict definition for these boards, and their latitude could encompass responsibilities ranging from investigation to review and audit. In addition to Oakland and San Francisco, where Hicks served, other major cities with civilian oversight agencies include New York, Chicago, Atlanta, Los Angeles and New Orleans.

Beyond their outrage, both Hicks and Pastor believe policing can be done right and that change must come.

“I have hope,” says Hicks. “I have worked in environments where police chiefs and commissioners want to create change, but we need civilians on the front lines always reminding them that you must have civilians keeping you accountable.”

In his upcoming retirement, Pastor hopes to make a further contribution at a national level. “I’ve been doing things with the Major Sheriffs­ Association of America and the National Executive Institute at the FBI. I’d like to spend more time on that,” he says. “I would also hope that new graduates would consider a career in policing. I have found it to be both morally and intellectually engaging. We are not a perfect profession, nor are we perfect people. Like America, we have a long way to go. But we regularly make a positive moral difference in the communities we serve. Few other professions do this as often or as intensely as does policing.”

Teaching Politics in the United States in the Age of COVID-19

Teaching Politics in the United States in the Age of COVID-19

Ballot box with person casting vote on blank voting slip

A Democracy Reader: Part 7: Freedom and Education

Part 1: The Field of Blood (Excerpt)

Part 2: The Authoritarian Pandemic

Part 3: The Oath and the Office (Excerpt)

Part 4: The First Amendment in Action

Part 5: How Democracies Die (Excerpt)

Part 6: Policing the Police

COVID-19 arrived smack in the middle of the semester I first started teaching Politics 142, Anti-Democracy in America. The pandemic shut down our class meetings, disrupting our normal ways of working together, but it fit disturbingly well into the content that we were studying.

The pandemic has laid bare the United States in 2020, as we encounter the public health consequences of deep social and political inequality, widespread economic precariousness, white supremacy, polarized and dysfunctional politics, hollowed-out government, and a scandalously inadequate health care system.

First, a little background. I’ve long meant to teach a course like this as a counterpoint to Alexis de Tocqueville’s Democracy in America, the 1830s study famous for its generous portrayal of American civil society. (“Among the novel objects that attracted my attention during my stay in the United States, nothing struck me more forcibly than the general equality of conditions.”) A bunch of events finally gave me the push: Donald Trump’s election in 2016, Danielle Allen’s Pomona commencement speech in 2018, and Daniel Ziblatt ’95 publishing How Democracies Die with his colleague Steven Levitsky that same year.

The Anti-Democracy course took on some hard topics, including the challenge of defining democracy in the first place, the building of the United States on slavery and settler colonialism, deep and polarized disagreements about who is an American and what the United States should be, historical and contemporary white supremacy, economic oligarchy, punitive economic and social policy, and corrupted and dysfunctional elections. The 14 amazing Claremont Colleges students in the seminar were up to the challenge, though. They did the readings, formed their own views, discussed their agreements and disagreements in our bi-weekly seminars and wrote ambitious papers.

Again and again, COVID-19 connected with the readings. In How Democracies Die, Levitsky and Ziblatt showed how anti-democratic political leaders all over the world commonly attack the institutions of government and challenge the legitimacy of professionals and experts. As the pandemic emerged in March, we learned the Trump administration had gutted pandemic preparation in 2018, and we watched as the President and other Republican leaders dismissed the warnings of public health officials and researchers around the world as a “hoax.”

We read several studies on polarization and the “culture wars” in the United States. The pandemic offered an immediate case study, as many conservatives politicized the quarantine and the wearing of protective face masks. In April, Vice President Mike Pence refused to cover his face even at the Mayo Clinic.

In The Second Founding: How the Civil War and Reconstruction Remade the Constitution, Eric Foner showed how the framers of the 14th Amendment struggled to defend elected governments from armed terrorists in the South in the 1860s. This seemed a part of America’s distant past until April, when armed “protesters” tried to storm the Michigan capitol as the legislature deliberated closing public facilities across the state to slow the spread of the virus.

The racial dimensions of the pandemic became obvious within weeks, as public health researchers published data showing higher infection and mortality rates among people of color in the United States. Students in the seminar had already read a variety of materials on white supremacy in the United States, and they couldn’t help but notice that virtually all of the anti-quarantine “protesters” in the news were white.

Rick Hasen’s newly published Election Meltdown seemed alarmist to some of us, as he warned about the fragility of U.S. voting systems. Then we watched the Republican state legislature and the Wisconsin Supreme Court overrule Democratic Governor Tony Evers’ plea to delay the state’s primary election, forcing residents to risk exposure to the coronavirus if they wanted to cast their votes.

Students read about the chaotic state of public health insurance and access to medical care in Jamila Michener’s Fragmented Democracy. This prepared them to understand reports about disparities in access to health care during the pandemic, particularly the research showing larger numbers of uninsured and untreated people resided in states whose governments had refused to enact the Medicaid expansion available under the 2010 Affordable Care Act (commonly called Obamacare).

In 2019, Jacob Hacker published an updated version of The Great Risk Shift, which focused in part on the dismantling of job security, unemployment insurance and pension guarantees in the United States since the 1980s. This book in particular struck a chord for the students in the seminar, who are about to enter the labor force in an economy devastated by the pandemic. As the semester ended, unemployment neared 15 percent, and bipartisan majorities in Congress targeted their first recovery legislation primarily at businesses and investors.

In short, the pandemic became part of our curriculum this semester. Again and again, COVID-19 taught us hard truths. In 2020, as the election nears, democracy in the United States is at best more aspiration than reality. At best.

Let me close on a personal note. After teaching about U.S. politics at Pomona College for more than half my life, I struggled with giving students such dark material during such dark times. But I was deeply grateful for the opportunity to work through this syllabus with those 14 young people twice a week this spring. In the face of everything, the students in the seminar remained engaged and committed, more than willing to face, consider, discuss and write about the implications of these readings (and the pandemic­­) for their own futures, and the future of the United States and the world.

We face daunting challenges, but those students give me hope.

David Menefee-Libey is professor of politics and coordinator of the Public Policy Analysis Program. He has been a member of the Pomona College faculty since 1989.

Holocaust Insight: An Interview with John K. Roth ’62

Holocaust Insight: An Interview with John K. Roth ’62

Holocaust Insight: An Interview with John K. Roth ’62

Sources of Holocaust Insight: Learning and Teaching about the Genocide

Sources of Holocaust Insight By John K. Roth ’62 Cascade Books 2020 304 pages | $35

“More than 50,” describes both the years of academic inquiry about the Holocaust and the number of books by John K. Roth ’62, Edward J. Sexton Professor Emeritus of Philosophy at Claremont McKenna College. Undoubtedly one of the preeminent scholars in the field of Holocaust studies, he recently added a new book to his collection. Sources of Holocaust Insight: Learning and Teaching about the Genocide reflects on the people, the texts, the events and places that have informed and influenced his understanding of that atrocity.

Roth is founding director of the Center for the Study of the Holocaust, Genocide and Human Rights (now the Mgrublian Center for Human Rights) at Claremont McKenna. He was named the U.S. National Professor of the Year by the Council for Advancement and Support of Education and the Carnegie Foundation for the Advancement of Teaching in 1988. Roth is also the recipient of the Holocaust Educational Foundation’s Distinguished Achievement Award for Holocaust Studies and Research.

Pomona College Magazine’s Sneha Abraham, a former student of Roth’s, talked to him about his academic formation, his new book, questions of the human condition, God, and what the Holocaust requires of us.

This interview has been condensed and edited for space and clarity.

PCM: How was your Pomona experience formative for you as a philosopher? What was that experience like?

Roth: When I came to Pomona College in the autumn of 1958, I didn’t know what philosophy was. I had some experience with religion, and my father was a Presbyterian minister, so I grew up in a home where the Bible and ideas about God were important. I was aware that there was something called philosophy, but I really didn’t know very much about it. I didn’t take a course in philosophy at Pomona until I was a sophomore. When I got into it, I thought, “This is interesting. Maybe I’ll get some answers to my questions by studying philosophy.”

But I rather quickly found out that that wasn’t going to happen because philosophy is much more about questions than it is about answers. Philosophers always come up with answers, and philosophers are salespeople in some ways. They want you to accept what they say. But the power of the discipline goes back to Socrates and the use of questions to produce dialogue and develop the wonder about things that Plato and Aristotle thought was the origin of philosophy. Philosophy begins in wonder.

Over time, I grew to love that part of philosophy. Philosophy is the discipline that persists in asking questions. That can be very frustrating if your goal is to get answers. Philosophy tries to do that, but unavoidably, the questions keep coming back.

By the time I had finished my sophomore year, I was committed to majoring in philosophy. And then something else happened. And this is a tribute to Pomona College. I just loved being in college. Pomona accounts for that. I fell in love with college because of Pomona. My experience there made a huge impact on me. I’ve spent most of my life in the culture of small liberal arts colleges, which I just think are national treasures, and as I think about the condition of our country right now, I think the contributions that small liberal arts colleges make are increasingly important. And probably endangered a bit too.

PCM: You’ve been working in this field of Holocaust studies for more than 50 years.

Roth: Yes. It’s added up to be that long. And it wasn’t where I planned to work. I didn’t go to the counseling center and say, “How do you become a Holocaust scholar?” I like to say that the Holocaust found me. It did so partly through [the late Philosophy Professor] Frederick Sontag, who is a legend at Pomona and became a close, close friend of mine—we taught and wrote together. When I was his student, he was very interested in what philosophers call “the problem of evil.”

Several of the courses that I took from Fred Sontag took me into that problem—that is, how and why does massive destruction of human life take place? And what sense, if any, can be made of it? How do we deal with those questions?

But the Holocaust was not yet where I was. Getting my attention focused on that took a while. It wasn’t until I was on the faculty of Claremont McKenna, which I joined in 1966, that the Holocaust found me and changed my life.

In the early 1970s, I followed the lead of my teacher, Fred Sontag, who said one day, “I think you might be interested in reading some of Elie Wiesel’s writings.” I read Wiesel and was captivated and compelled to find out more about what I was reading. This is why I say that the Holocaust found me more than I found it. And it changed my life. I became a different person, professionally and existentially. My life reoriented because as I found out more about what had happened to people like Elie Wiesel and his family. I discovered that a host of important questions were embedded in that experience and history. I had to follow where they led.

PCM: Why did you write this book? What was the impetus?

Roth: I was inspired to write the book because of another book that has meant a lot to me over the years. It is called Sources of Holocaust Research and was written early in the current century by a very important Holocaust scholar named Raul Hilberg. I used that book in teaching because it provides a good way for students to see how a scholar goes about studying that massive event.

Hilberg’s book made me realize that I have Holocaust sources too, and that led to seeing the book that I might write. My sources are documents sometimes, but more often, my sources are people, texts, testimonies, places, experiences. So, I thought to myself, “Well, what if I write about sources of my understanding of the Holocaust?” Or as I like to phrase it, my sources of Holocaust insight.

PCM: You mentioned that you’re the son of a Presbyterian minister. How does being an American and a Christian affect your study of the Holocaust?

Roth: When I read Elie Wiesel and I began to feel the need to learn more about what had happened to him and why it happened to his family, my study made me realize that my own tradition, Christianity, was deeply implicated in the genocide. This led me to grapple with the dark underside of Christianity. It created a personal dilemma I still wrestle with.

I put the dilemma this way. For me, Christianity has been something good, but as some of my Jewish friends would remind me from time to time, and I knew this from study too, “Well, Christianity hasn’t been so good for us.” The Holocaust remains a big, big problem for Christians. You have a good example of that right now because, after many, many years, the Vatican archives have been opened to allow scholars—once we get the COVID-19 pandemic under control—to explore the controversial history of Pope Pius XII, who reigned during the Nazi period. He’s been a controversial figure. Did he do what he should have done during that period with regard to the plight of the Jewish people?

So debate about the Holocaust and Christianity is ongoing. For me, it’s existential, because Christianity is my tradition. What do I do as I keep learning that my tradition has a dark and destructive side? My study and teaching about the Holocaust is a continuing way to cope with that. And maybe in some ways, to try to make some amends, if I can, for that terrible shortcoming.

On the American side, the role of the United States during the Holocaust also raises questions. It does so about immigration; it raises questions about action that was taken or not taken. And it certainly involves issues about racism. Black Americans fought against Nazi racism but experienced American racism nonetheless. I’ve found that my identity as an American, as well as a Christian and a philosopher, continues to have points of contact with the Holocaust, which was primarily European in its geography but had international dimensions and implications too. Some of those connections and reverberations are reflected in the fact that the United States Holocaust Memorial Museum has become such an important place in our national capital. There’s a long story about that: Why do we have a museum about the Holocaust situated close by the Washington Monument in Washington, D.C.? That’s an intriguing and significant question.

What I’ve found is that all of these identity questions drove me further and deeper in understanding that it was important to spend time teaching, learning and writing about the Holocaust.

PCM: You write about Richard Rubenstein, Elie Wiesel and Franklin Littell and how they encourage you to tell the story in your own way and to carry on the dialogue as best you can in your prayers and quarrels with God. I really liked the way you put that. What does that mean for you?

Roth: Unlike some people who confront the Holocaust, my encounters with that catastrophe have not turned me into an atheist. I resonated much more with the approach that Wiesel took in his writings. People who really fall in love with Elie Wiesel’s writings are probably people who have some deep interest in things religious because it’s hard to read Wiesel without finding, over and over again, that he’s writing about questions that have to do with God and religious practices and traditions. In particular, Wiesel is constantly carrying on a quarrel with God.

One of the things I learned as a Christian that was very helpful to me is that, in the Jewish tradition, quarreling and arguing with God and protesting against God are part of the spirituality of that tradition. Christianity tends to play down such themes because of the strong emphasis that Christianity puts on the idea of God as love. But if God is more ambiguous and mixed than that, then the Jewish tradition of carrying on arguments and protest as part of a relationship with God has a bigger role. I found I really liked that about the approach that I was discovering as I studied Wiesel, Rubenstein and other post-Holocaust Jewish thinkers.

So, I have a quarrelsome relationship with God. For me, that’s valuable just to the extent that it underscores the insight that God isn’t going to fix everything. Whether it’s fair or not, it’s up to us to try to do that as much as we can. But I hold onto a relationship with God because it helps me to maintain my conviction that history is not all that is. Reality is more than history. And I’m hopeful that, in some way, that means that what the Nazis did to the Jews doesn’t have the last word. That’s my hope. I don’t want injustice and suffering and murder to have the last word. They may have it. I don’t know for sure that they won’t, but my hope is that they don’t. My teaching and writing about the Holocaust seek to encourage and support that hope.

PCM: What is your take on the human condition? Are we basically good?

Roth: I wax and wane between hope and pessimism. I often say that my study of the Holocaust, overall, has made me more melancholy than I was as a young person. That mood isn’t the same as despair, but it includes aspects of that darkness. Melancholy isn’t paralyzing. It can combine with and even produce resistance against destructive powers.

PCM: Do you believe in moral progress?

Roth: Not in any simple way. No, I don’t. I think Albert Camus was insightful in his book The Rebel when he said that human beings can only arithmetically reduce the amount of suffering in the world. What he meant by that, I think, is that we can and must do everything we can to reduce suffering and injustice, but, unfortunately, we aren’t capable of doing away with those things. So, according to Camus, you resist, you try your best to thwart and curb and reduce these things, but if your sensibility is that you’re going to continue to make progress until such time as suffering and injustice are inconsequential, you’re misguided.

I think that the ongoing struggle against anti-semitism fits what Camus saw. Many of us who began a long time ago to teach about the Holocaust hoped that such work would curb if not eliminate anti-semitism. But we learned that this plague is more endemic and virulent than we wanted to believe.

So, I don’t believe in moral progress in any simple kind of way, but I do hope that Martin Luther King Jr. was right when he said that the arc of the moral universe is long, but it bends toward justice. That will happen, though, only if people make it happen. [During this time of pandemic,] we keep talking about the “curve” and flattening it. That curve isn’t going to bend or flatten unless people act in ways that serve the common good. Even then, as we’re learning, we’re probably not going to eradicate the novel coronavirus or the disease of racism and injustice, at least not completely.

PCM: Does the Holocaust call moral relativism on the carpet?

Roth: Yes. I have a friend, Michael Berenbaum, who wisely refers to the Holocaust as a negative absolute. We may disagree about moral values, but probably, we can come closer to agreement if we look at what we think is absolutely wrong. Even there, drastic differences may persist. The Nazis did not think that destroying Jewish life and tradition was wrong. For the Nazis, that was right and good. So it’s complicated, but as I like to say, the Holocaust was wrong, or nothing could be. If we don’t say that, then we really do open the door to the pernicious view that might makes right. Earlier this year, Attorney General William Barr emphasized that the victors write history. Even if he wasn’t incorrect factually, that proposition is morally wrong because it is the ally of might makes right, a view that cannot withstand scrutiny.

The Holocaust and events like it had better be the end of moral relativism, or we’re in more trouble than we need to be. But the dilemma is that this case of one of those where argument may not settle the matter. This is a place where my concept of insight comes in. We have to recognize that there may always be people, powerful people, who act as if might makes right and who think they will win and get to write history their way. Study of the Holocaust alerts us to have our eyes open about what to do in that case.

PCM: You say that through writer and Auschwitz survivor Charlotte Delbo you understand the importance of taking nothing good for granted. That’s the title of your epilogue as well. So, what good do you not take for granted?

Roth: The Holocaust destroyed so much that was good. So, of all my Holocaust insights, none is more important than take nothing good for granted. Over and over again, especially privileged Americans like me do take good things for granted, including life, liberty and the pursuit of happiness. Study of the Holocaust helps to drive that point home, but nowadays the COVID-19 pandemic and the renewed awareness of systemic racism in American life lift up that awareness too.

PCM: Delbo essentially says, I’m paraphrasing, but: “Do something useful with your life. Don’t let everything be useless knowledge or senseless.”

Roth: Delbo’s moving writing about Auschwitz emphasizes how her experience there was full of what she called useless knowledge. She saw torture, and she knew about murder. None of this was edifying, let alone helpful. Such knowledge was destructive and degrading. So as she works to show her readers such things, she hopes that they won’t end up saying, “So what? You know, I’ll just put this on the shelf and go on about my life.” She was looking for somebody who would read her writing and maybe, in some good way, be changed by it. Writings that come out of Holocaust experiences are sometimes so powerful that if you let them into your life, they have a way of reorienting you and changing you. Charlotte Delbo’s writings have been that way for me

PCM: I’m not sure if this was your comment in the book or if you were quoting someone, but you wrote that “Our calling is not to be perfect, but to do what we can to make room for caring help and compassionate respect in a world that is often cruelly cold and indifferent.”

Roth: When I wrote those words, I saw them—and still do see them—as a way of putting one of the most insightful teachings from the Jewish tradition—that it is not our task to complete the work of justice, but neither is it our right to refuse to take up that work. We can’t complete the work of justice, but it’s our task to do what we can, to the best of our abilities. More than 50 years of learning and teaching about the Holocaust make that insight imperative and inescapable.

9 Lessons in Criminal Justice

9 Lessons in Criminal Justice pane

A couple of summers ago, I was invited to speak to the Ninth Circuit Judicial Conference, a gathering of federal judges from the Western states, about the state of criminal justice and the campaign to reform it. I thought I had learned some lessons as editor of The Marshall Project, a nonprofit news organization focused on our troubled system of crime and punishment, but I’m not a lawyer. As if addressing a ballroom full of judges was not intimidating enough, I was scheduled to speak after Bryan Stevenson, the charismatic lawyer and champion of social justice. Anyone who saw his 2016 talk to a packed Bridges Auditorium at Pomona will know this is like having your cello recital follow Yo Yo Ma. I complained to my audience that this was a clear violation of the Eighth Amendment prohibition of cruel and unusual punishment. I think that’s the only laugh I got. With a bit of updating, however, the lessons stand up pretty well.

IN NOVEMBER 2016, a kind of fatalistic gloom settled over the advocates of reforming the criminal justice system. With a chest-beating president, a show-no-mercy attorney general and a Congress that has become even more polarized than it was in President Obama’s time, reform advocates said any serious fixes to the federal system were unlikely. So reformers consoled themselves by looking to the states.

After all, most of law enforcement, most of criminal jurisprudence and most incarceration takes place at the state or local level. My assignment today is to survey reform efforts at the state level and draw some tentative lessons from their experience.

“Reform” is one of those ambiguous words that mean different things to different people. For our purposes, I think of reform as something that aims to REDUCE the numbers of Americans who are removed from society and deprived of their freedom, and to do it WITHOUT making us less safe. In 1972, when I was near the beginning of my newspaper life a little north of here at The Oregonian, 93 out of 100,000 Americans were in state or federal prisons. By 2008 the incarceration rate had grown nearly six-fold, from 93 to 536, and it has hovered in that vicinity ever since. That’s not counting the hundreds of thousands held in county jails on any given day—or those confined in the juvenile justice system or immigrant detention. We are world leaders in locking people up.

Every year about 650,000 of those prisoners are released back into the world. We know that most of them will be unemployed a year later and that two-thirds of them will be rearrested within three years. As a strategy for keeping us safe, mass incarceration has not been a roaring success.

Prison guards stroll down a corridor at San Quentin State Prison in San Quentin, Calif.

AP Photo/Ben Margot

LESSON #1 from the experience of the states is this: It is possible to reduce incarceration and crime at the same time. Between 2010 and 2015, 31 states reduced both crime and imprisonment. In the 10 states with the largest declines in imprisonment, the crime rate fell an average of more than 14 percent.

New York City, where I live, has slashed the crime rate while, simultaneously, sharply reducing arrests, incarceration—in particular the jailing of juveniles—and misdemeanor summonses. Stop-and-frisk is no longer routine. The city is a safer place and seems to have found the virtues of a lighter touch: New Yorkers who do not accumulate arrest records and jail time are more likely to stay employed, in families and out of trouble.

This does not mean that reducing incarceration necessarily leads to a drop in crime. Correlation is not causality. The question of why the crime rate declined is a subject of heated debate among social scientists. One of my colleagues at The Marshall Project wrote a piece we called “Ten Not Entirely Crazy Theories Explaining the Great Crime Decline.” One thesis our writer examined is that after Roe v. Wade the legalization of abortion meant fewer unwanted children who were more likely to become delinquents. Other researchers have surmised that removing lead from paint and fuel has made for a less criminogenic environment. Another theory credits technology: Anti-theft devices in cars and the spread of online banking made it harder for criminals to profit. Yet another theory is that the baby boomers just aged out of crime, which tends to be a young person’s game. Most experts give some credit to  w  the increased deployment and improved equipping of police. And, of course, some of the decline is a result of the fact that more bad guys were locked up, though that is a very expensive way to keep communities safe.

Whatever the factors responsible for the relatively low crime rate, the evidence from the states is that reducing incarceration is compatible with reducing crime. Obviously, a lot depends on HOW you reduce prison populations, which is where the states have much to teach us.

LESSON #2: The embrace of criminal justice reforms is bipartisan. This is one of those rare issues in our polarized country where activists on the left and right have found a patch of common ground.

On the left, criminal justice has become an obligatory plank in the platforms of virtually every candidate to be the Democratic presidential nominee. On the right, we have fiscal conservatives who see our prisons as wasteful, liber­tarians who see our handling of crime as another manifestation of oppressive big government, evangelical conservatives who see aspects of the system as inhumane.

There are of course issues where left and right still part company. Controlling the proliferation of guns remains a political third rail. The left wants to talk about race, and the right mostly does not. But on issues like pre-trial diversion, indigent defense, sentencing, parole, rehabilitation, solitary confinement, voting rights for the formerly incarcerated and bail and asset forfeiture, you found the Koch brothers arm-in-arm with the ACLU. In 2018, the First Step Act, a package of modest fixes to mandatory sentencing and prison conditions, passed Congress with huge bipartisan majorities. The iniquities and unintended consequences of American punishment have so captured public concern that even President Donald Trump voices an occasional platitude about “giving our fellow citizens a chance at redemption.” Trump signed the First Step Act into law, though his administration has shown little enthusiasm for enacting it.

Conservatives rightly boast that red states have often led the way, starting with Texas during the governorship of Rick Perry. In the past decade, that state has closed four prisons, reduced its incarceration rate by 20 percent and invested $240 million in alternatives such as drug treatment. The Texas experience is often cited as evidence that politicians can support so-called smart-on-crime reforms and live to tell about it.

The key to success in Texas was money. The state invested in alternatives, which meant judges had greater confidence that when they diverted someone to drug treatment, there would actually be drug treatment.

Two caveats regarding the Texas Story: First, Texas started out with one of the highest incarceration rates in the United States, so it had a long way to go; it is still the seventh most incarcerated state. Second, Texas accomplished its reductions by redirecting money, not by changing the legal infrastructure. Other conservative states—Georgia, South Carolina, Utah to name a few—have tackled the structure of criminal justice—reducing some felonies to misdemeanors, revising mandatory minimum sentences and three-strikes laws, funding community-based alternatives to incarceration, expanding eligibility for parole and removing barriers to reentry.

The most recent convert is Louisiana, a state long known among criminal justice reformers as a contender in every race to the bottom. Louisiana passed a remarkably comprehensive legislative overhaul. That feat was a product of strong leadership, intense lobbying by reform groups across the political spectrum and a corrections system bursting at the seams.

Inmates rest and exercise by walking laps in adjacent cells at the Campbell County Jail in Jacksboro, Tenn.

AP Photo/David Goldman

LESSON #3: Probably the most effective way to reduce incarceration is not to lock people up in the first place—at least not so many, and not for so long. In the last decade, 23 states have relaxed their sentencing laws—something Congress has so far been unable to do for the federal system. But I want to note a few other front-end measures that have been employed by states to keep people out of prison.

One is less reliance on money bail. The people most likely to spend time in jail awaiting trial are not the worst offenders but the poorest offenders; and even a short stint in jail increases the odds that an offender will ultimately end up in prison. A number of jurisdictions have curtailed the use of cash bail—most notably New Jersey, which now requires judges to hold hearings shortly after arrest to determine whether a defendant can be safely released before trial. Since the new procedure began, the average daily jail population has dropped 19 percent. [A referendum to replace bail with risk assessments in California will be on the ballot in November 2020.]

A second measure aimed at reducing prison intake is raising the age at which juveniles are thrown into the adult system, which too often subjects them to predators and leads many to careers in crime. In the last few years, Louisiana, South Carolina, New York and North Carolina have raised the age to what is now the national norm—18. There’s been talk of Connecticut becoming the first state to raise the cap to 21. In March 2018, Gov. Dannel Malloy announced the opening of a special corrections unit for young adults as old as 25.

A third way to slow the traffic into prisons is to provide better—and earlier—indigent defense. And a fourth is to elect prosecutors who don’t regard maximum prison sentences as the main measure of job performance. In recent years several jurisdictions—including Chicago, St. Louis, Houston, Denver, Tampa and Orlando—have elected prosecutors who campaigned on reform platforms.

LESSON #4: Don’t neglect the back end. There is abundant evidence of the effectiveness of college and vocational programs behind bars, regular contacts with family, reentry and parole and probation programs that have the resources and the mandate to land their clients safely back in society. A RAND Corporation study in 2014 concluded that “inmates who participated in correctional education programs had 43 percent lower odds of recidivating”—a verb that makes my inner English major cringe, but suggests a pretty good return on investment.

LESSON #5: Be wary of reformers who suggest you can cut incarceration drastically by setting free low-level, nonviolent offenders—in particular, low-level drug offenders. More than half of those incarcerated in state prisons are there for violent crimes. Only 16 percent are in for drug crimes, not all of them nonviolent. Decriminalizing marijuana will reduce incarceration, but to have any hope of restoring the incarceration rates of the 1990s means reducing sentences and stepping up rehabilitation for people convicted of violent crimes. The reality is: The reduction of incarceration is likely to happen incrementally. After all, the state that has been downsizing its prison population longest and most aggressively—California—has cut a bit more than 25 percent, and no other state has come close.

A shackled defendant stands next to his attorney in a Coupeville, Wash., courtroom.

AP Photo/Ted S. Warren

LESSON #6: Be wary of reformers who suggest that prison reform inevitably means a huge windfall for taxpayers—10 billions of dollars back in our pockets. That remains to be seen, for two reasons: First, the alternatives to prison aren’t free. To keep crime in check, money not spent on actually confining offenders has to be spent on mental health and addiction treatment, more hands-on probation and, ideally, education, job training and housing support. Moreover, some states have found that the beneficiaries of prison—the corrections staff, the contractors, the politicians, the unions—are ferocious defenders of corrections budgets.

Here’s another way of looking at the cost of mass incarceration, though. The most commonly cited estimate of how much it costs to maintain the country’s prisons and jails is $80 billion a year. If you throw in things like health and pension benefits for prison staff, the cost to governments is more like $90 billion. But a 2016 report by researchers at Washington University in St. Louis attempted to add up the “social costs” of criminal justice as we practice it, a toll that includes lost wages, the cost of visitation, the higher mortality rates of both former inmates and their infant children, child welfare payments, evictions and relocations, divorces, diminished property values and the increased criminality of children with incarcerated parents. The bottom line they came up with was one trillion dollars a year, nearly six percent of GDP.

A guard looks on as prisoners move through the state prison in Jackson, Ga.

AP Photo/ David Goldman

LESSON #7:  Metrics matter. It’s impossible to know what works and what doesn’t without reliable data, and reliable data is often in short supply. Our data guru at The Marshall Project, Tom Meigher, wrote a piece entitled “13 Important Questions About Criminal Justice We Can’t Answer”—can’t answer because the data is unreliable or unavailable. They include such questions as how many juvenile offenders graduate to become adult offenders, how many people have served time in prison or jail, how many people in America own guns and what percentage of inmates eligible for parole are actually granted release from prison. The Washington Post and the Guardian set out separately to count the number of civilians killed each year by police in the line of duty. The number they came up with was about 1,000. That is about double the official estimates from the Department of Justice—an astonishing margin of error.

As important as having good data is knowing what to do with it. That brings us to the debate underway in many states over the use of risk-assessment tools, basically tests aimed at helping make wise judgments at critical moments in the handling of the accused or convicted. Risk assessment tools are algorithms that examine a subject’s history to mitigate the chances of re-arrest. There are various tools for various applications: to help determine whether a defendant is a flight risk, how severe a sentence should be, whether an inmate is a fit candidate for parole and what kind of supervision an offender requires upon release. The left generally hates risk assessment, because the inputs may include factors like employment stability and past encounters with the law that weigh more heavily against communities of color. Advocates of risk assessment tests respond that a) they are getting better, both more accurate and less biased; b) they are meant to assist judges and parole boards, not preempt professional judgment; and c) properly used, risk assessment tools can assure people in the system get the support they need to stay out of prison.

I’m not a worshipper at the shrine of technology, but if I were in your robes, I think I’d rather have a sense of the odds.

LESSON #8: Many states are finding that incentives work better than mandates. A good example is an approach being used in about a dozen states. Take a defendant who is probably not a threat, who would do fine returned to the community under proper supervision. But the judge knows “proper supervision” is unlikely because the local probation system is threadbare. Suppose the state agrees that for every dollar it doesn’t have to spend locking people up, it will send 40 cents to the county to pay for more robust supervision? The state saves money, the county improves its oversight of former inmates, and the judge has greater assurance that the subject will be supervised.

And finally…

LESSON #9:  The states have wide latitude to experiment, and they are seizing it, but the federal government sets a tone, and you will hear complaints from several states that the new administration has had a chilling effect on state legislatures. When the attorney general instructs federal prosecutors to charge the maximum, as Jeff Sessions did early in the Trump administration, when his response to a national opioid epidemic is to yearn for a revival of a discredited 1980s anti-drug program, that sends a message to state legislators contemplating new approaches.

Moreover, federal programs, especially Medicaid, which was expanded to include former inmates under the Affordable Care Act, can be essential to getting released offenders up on their feet.

In other words: What happens in Washington doesn’t always stay in Washington.

For the Defense

For the Defense pane
Emi Young ’13

Photos by Robert Durell

COURT STREET IN MARTINEZ, California, lives up to its name. On a gray morning in December, four imposing stone courthouses in a row loom out of the cold fog, steamy glass doors accepting the occasional be-suited prosecutor or latecomer for jury duty.

Inside one of those courthouses this morning, Emi Young ’13 is waiting in a dimly lit courtroom gallery for a restitution conference to begin. Young, who works as a deputy public defender for Contra Costa County, will be representing a client who pleaded guilty to possession of a stolen vehicle. As part of the conviction process, she is participating in discussions about how much money will be awarded to the victim to help with damages—discussions that are often, but not always, straightforward, since both sides need to agree that the restitution requested is sufficiently related to the crime. (“I had a vandalism case where the city requested compensation for all of the tagging or graffiti that they thought were similar from the preceding year,” Young notes.)

The beige-carpet-on-beige-wood courtroom is crowded with cases, and the judge moves swiftly through the docket. Normally the prosecutor would have conferred with the victim’s assigned restitution specialist by now, but this time that hasn’t happened. So, a few minutes before the conference begins, Young hands him her copy of the handwritten list, which totals $126,000. Along with the value of the stolen vehicle, the victim is requesting restitution for multiple other vehicles, several marine batteries and damage to a barn door—all seemingly unrelated to the crime for which her client was convicted.

“That… is a lot of money,” the prosecutor says, running his eyes down the list. When the judge has turned her attention to the case, she agrees, noting with raised eyebrows that the request would make for an “interesting” hearing. “What do you want to do, Ms. Young?” she asks. A pause, then Young and the prosecutor agree to delay the conference, giving more time to talk to all parties and perhaps find a solution.

“It’s frustrating that he didn’t have more time to look at the request before,” Young says as she walks through the fog back to her office a few blocks from the courthouse. Under normal circumstances, these things can take as little as 20 minutes—that is, when the prosecutor is prepared and when victims limit themselves to amounts directly related to the crime and provide adequate documentation.

It’s lucky, she notes, that her office had not yet closed the case file, leaving her client without representation. Then, the court might just have sent a letter instructing him to request a hearing or agree to pay the full amount—and many of her clients are transient, with no fixed addresses and unreliable mail service.

But such frustrations are an inherent part of a job with limited time, limited funding, limited attention. “I talk about the system I work in as the ‘criminal legal system,’” she says. “The term ‘criminal justice system’ is aspirational. It’s not the reality for many people.”

Emi Young ’13AT 28, YOUNG, WHO favors bold colored scarves, long sweaters and a silver hoop in her nose, is, well, young for her profession. She was born in Omaha, Nebraska, and her parents divorced in her early childhood. Growing up with a single, Japanese mother profoundly shaped her— especially in a school district that had been created by conservative white parents who were trying to skirt anti-segregation laws. “It felt like our family was very different,” she says. “I know my mom also really struggled sometimes.”

As part of continued efforts to support her family, Young’s mother went back to school to become a paralegal. She sometimes brought home articles about important Supreme Court cases and news from the legal system to share with her daughter, who at the time aspired to be a musician. It wasn’t until Young attended Pomona, graduating in 2013, that she changed her mind.

Her experience at Pomona was profoundly “consciousness raising,” she says. Conversations happening on campus helped her understand earlier experiences from her own life in a new light—her experience as a biracial person in a school district with segregationist roots, for example. And it was at Pomona that she first learned about what she calls the “disparate impacts of our legal system on certain communities.”

That nascent interest prompted Young to major in political science and philosophy; her Pomona education “helped me have a vocabulary for certain ways in which people are systemically disenfranchised,” she says. She volunteered for a semester at the Camp Afflerbaugh-Paige juvenile detention facility near campus, producing Othello with some of the students. While she was there, one of the teenaged boys disappeared for a week. When he returned, she was struck by how dramatically different he was: subdued where he had been animated, depressed where he had been bright and playful, cracking jokes.

It turned out that he had gotten in trouble and been kept in isolation for some time as a disciplinary measure. “This doesn’t seem fair or good for a person who we hope will turn out to be happy and productive,” she remembers thinking. “I feel like I can’t advocate on his behalf right now, but it’s something I’d like to be able to do someday.” In pursuit of that goal, she attended law school at Stanford and spent her first summer interning at the New York Civil Liberties Union—but was surprised to find herself unhappy with the experience, which felt too divorced from the people she hoped to help. “I realized I should be trying to come at it from a different angle,” she says.

Young is aware that public defender stereotypes paint a picture of a harried, overburdened lawyer who doesn’t fight for her clients, “interested in trying to plead you out as quickly as possible because we don’t have the time or resources to defend you adequately.” But Contra Costa’s public defenders maintain one of the highest trial rates in California, part of the reason she applied for a job here. Encouraging plea bargains “does not lend itself towards keeping the system accountable or ensuring accurate or fair results,” she says.

Emi Young ’13THE ROLE OF PUBLIC DEFENDER doesn’t come with much of a runway. Once she graduated from law school, Young clerked for several months at the Contra Costa Public Defenders Office—then began representing a full load of clients on misdemeanor charges soon after she passed the bar in January 2017. “When I got hired, I quite literally had three days’ transition to begin representing 110 clients, some of whom had trials set,” she remembers with a shudder and smile.

These days, she works instead with clients facing felony charges, which run the gamut from evading the police to gun possession to attempted murder—around 40 at a time and between 50 and 60 hours a week. It’s a more manageable load than she had in misdemeanors: the cases move slower because there’s more at stake, so there’s more time to work on them. That creates opportunities to occasionally play her violin; take a bread-making class; or go on walks with her mother (who moved to the Bay Area several years ago) and the family dog, Teeter.

Beyond the frantic pace, Young has slowly adjusted to a professional life that can demand a difficult balancing act between practicality and justice. Some clients with immigration concerns prioritize protecting that status, even beyond proving their innocence; some clients value the chance to have the proverbial “day in court” and tell a judge what happened over the safety of a plea bargain. There have been cases where she believed her clients were innocent but struggled with how to advise them, because their prior history put them at deep risk if they were to be convicted of a serious crime. And when her clients are kept in custody as they await trial, she must decide how to ask to schedule their hearings, keeping in mind that the longer she spends preparing their cases, the longer they’ll spend away from their families, friends, worlds.

“There’s an older philosophy that as attorney you’re the person who is educated and knows the law, and you should be the person responsible for making decisions about best outcomes,” she says. Instead, “our duty is to learn about and understand our client’s perspective.”

It’s also a professional life that melds stereotypical courtroom drama with the ordinary, obligatory mechanics of the justice system: jail visits, written motions, the series of hearings that precede a jury trial. The fabric of Young’s daily routine is threaded with the half-hour drives between courtrooms in various towns; the waits to get into jails; the police officers who are late to give testimony; the judges trying to sort out the daily docket. In the week that I shadowed her, she had three separate hearings delayed at the last minute. That week featured pockets of the pursuit of justice, yes—but they were glued together with pauses during which judges took bathroom breaks and bailiffs watched pet videos on the phones of district attorneys.

The stops, starts and delays can be “really frustrating,” she says, but they have had a surprising benefit: teaching her adaptability, honing her capacity to adjust and respond to new tasks at a moment’s notice. Before this work, “I was very good at planning for something, preparing a lot for something and doing it,” she says. “But the thing you learn with this job is that you can’t prepare for all the possibilities. You have to be okay with the unexpected sometimes.”

AFTER THE CANCELED RESTITUTION HEARING, Young settles in at her office to spend the rest of the day wading through the seas of mundane justice: drafting motions, reviewing new evidence, preparing for an upcoming trial. The room is small but friendly, featuring a coffee machine tucked into a corner and an assortment of button-down shirts hanging off the doorknob for clients to try on. The walls are decorated with photos of Teeter and a few pieces of art.

Beside a selection of client thank you notes hangs a Ta-Nahesi Coates quote on a note card that reads, in part: a society that “can only protect you with a club of criminal justice has failed at enforcing its good intention or has succeeded at something much darker.” It’s a reminder of the losses and disappointments: the young man who was prevented by his co-defendant from taking a probation plea deal and ended up in prison; the client whose immigration status she worked to protect during a DUI case but who ended up in ICE custody later, anyway.

Even victory, when it comes, has been bittersweet. Young remembers one client who was charged with elder abuse of his own mother. During the trial, it became clear that the mother’s mental state was deteriorating, especially as her reports of abuse were not corroborated by evidence; she died soon after the verdict. Although Young’s client was cleared of wrongdoing, she struggles to find vindication when thinking about how he must have felt—accused of a cruel and violent act, separated from a beloved parent during the last weeks of her life. “There’s nothing that the acquittal in and of itself can do to repair the damage,” she says, sighing.

A victory is “gratifying,” she adds, but “just because a case was ultimately dismissed, or was acquitted, it doesn’t mean the experience hasn’t taken a toll.” Even with positive outcomes, her clients still deal with negative impacts: the costs of bail, missed work and immigration risks.

Taking a moment to celebrate the work that’s done can be difficult when there’s always another seven things to do. Yes, today’s delayed restitution hearing was a small victory. In this case, she hadn’t been reassigned, so she was able to continue to represent her client in a quest for a fairer outcome. She’ll likely be able to renegotiate that request, saving him money and helping him start fresh.

Tomorrow will bring another hearing, another jail visit, another trial. More new clients will arrive, more new evidence will be unearthed, as the American penal organism churns on. But today, she added a little justice to that system. That has to be enough.

Defy the Odds

Defy the Odds pane
Entrepreneurs in Training (EITs) welcome Glazier and other volunteers at a prison event in Lancaster, Calif.

Entrepreneurs in Training (EITs) welcome Glazier and other volunteers at a prison event in Lancaster, Calif.

GAMES AND ICEBREAKERS are often used at business conferences to create some fun and make strangers comfortable with each other. But at a recent meeting of Defy Ventures, which helps people from prisons prepare for life on the outside, one empathy-building exercise quickly turns dead serious. It’s called Step to the Line, and though not a word is spoken, much is revealed.

On a sunny Saturday in mid-January, about a dozen former inmates from two Los Angeles halfway houses gather for the event at a modern downtown office complex. They are met there by a group of volunteers, men and women from the business world recruited to lend their expertise on writing résumés, polishing personal statements and perfecting business plans.

Defy calls the event a Business Coaching Day, and it’s led by Andrew Glazier ’97, the nonprofit’s national president and CEO. It’s part of the organization’s overall prison rehabilitation program called CEO of Your New Life, which aims to build self-confidence as well as skills.

At Defy, the group exercises are meant to be healing. They help participants develop a healthy self-image and positive attitudes. The organizers provide a well-studied set of aphorisms to live by.

Shame is destructive. Learn to forgive, not judge. You are not defined by your mistakes. You deserve a second chance. Foreswear negative labels. You are not criminals, convicts or felons. You are EITs— Entrepreneurs In Training.

Above all, realize that the solution is already inside you. Many of the same skills that brought you success as, say, a drug dealer can be applied to any legal enterprise.

In short, to quote Defy’s main motto: Transform the Hustle.

Glazier listening to an EIT share his personal statement during a coaching day.

Glazier listening to an EIT share his personal statement during a coaching day.

GLAZIER HIMSELF COMES from a privileged background that could not be more remote from the life experience of his incarcerated clientele. For the public face of Defy Ventures and its chief fundraiser, that disparity can be a handicap, he concedes. Sometimes he finds himself forced to answer questions of class and race when pitching new potential donors.

“In the funding community now there’s a lot of interest in seeing people who have ‘lived experience’ running organizations and working in the nonprofit space,” he explains. “I think part of it comes from the idea that, look, for a long time it’s been just a bunch of well-meaning white people who come and work in communities of color. So sometimes I find I still battle this credibility stuff: What are you doing here?”

Glazier understands why people perceive a disconnect between his upbringing and his prison work and why they might challenge his street cred, so to speak. But he bristles at being “on the receiving end” of that mistrust. “It can be an uncomfortable spot to be in,” he says. “Look, I can’t change who I am. I do know that it’s critical to have people with lived experience within our organization, informing our work. And we do.”

If you’re looking for personal information on Glazier, you won’t find much on social media. He’s not one to overshare; so he keeps a light digital footprint, mostly on LinkedIn and all about business. But Glazier opened up during a casual lunch recently at the Wasabi Japanese Noodle House, a five-minute walk from his Wilshire Boulevard offices in Koreatown. He talked easily about his evolving life goals, his family, education and the circuitous career path that brought him to the transformative prison work he never dreamed he’d be doing.

Unlike many other Angelenos, Glazier’s roots in the city run deep. His mother descended from immigrants with a long history in Los Angeles. Her maternal relatives arrived from Italy, just in time for his great-grandmother to be “born off the boat from Sicily” in 1908.

Glazier’s father was a doctor who worked for the Veteran’s Administration, where he met his mother, who worked as a secretary for the agency. They married, had three children and settled in Studio City, a well-to-do neighborhood in the eastern San Fernando Valley.

Glazier attended Harvard-Westlake, a college prep he calls “the most elite private school in Los Angeles.” Today, he concedes that his exclusive education had put him in a protective bubble, cloistered from the social ills mushrooming all around him.

But all that changed on April 29, 1992, the day the Los Angeles Riots erupted over the verdict in the Rodney King case.

One of Defy’s entrepreneurs in training, referred to as EIPs.

One of Defy’s entrepreneurs in training, referred to as EIPs.

GLAZIER WAS 16. “I had lived my whole childhood in the valley, and I had no idea what was going on eight miles away,” he says. “Then the riots happened. I remember seeing Rodney King getting beaten on TV. Then the city burning. And even in the valley, where it wasn’t nearly as intense, you could still see all the smoke coming over the hill.

“That was really a moment for me of waking up: Oh, my life is not their life. There are things happening that are really close-by that I’m really not aware of. And when I suddenly had greater awareness of my opportunity and privilege, it felt all the more extreme, which in part, I think, drives me to do this work.”

Yet, Glazier never actually planned to work in prison reform. Until recently, if you had told this classically trained cellist with an MBA and a medium build that he would someday wind up working with hard-core prison inmates, he would have scoffed at the notion.

Nothing was further from his mind when he applied to college. He picked Pomona because he wanted a small school, and his parents wanted him to stay close-by.

The Claremont campus also had a strong academic appeal. “I’m a huge fan of the liberal arts,” he says. “It doesn’t matter what you get a degree in, because you’re learning critical thinking and writing. And that’s the education I came out with—a degree in critical thinking and knowing how to write, both important skills that are hard to find.”

Glazier majored in international relations, studied Spanish and Japanese, and spent a semester in Pomona’s program at Tokyo’s International Christian University.  At first, he considered joining the foreign service, but that plan never materialized. (Fun fact: his suitemate during junior year was David Holmes ’97, a U.S. State Department employee based in Ukraine who recently testified during the impeachment hearings against President Donald Trump.)

After graduation, Glazier took time to explore. He returned to Japan and taught English for a year. He travelled, settled down and started a family. From 2001 to 2004, he was chief of staff to Marlene Canter, then a newly elected member of the Los Angeles City Board of Education.

“Originally, I wanted to be an elected official,” he recalls, “but five years of working in local and state government sort of cured me of that impulse.”

Nevertheless, the experience continued to stoke a civic calling. The problems he saw in L.A. schools opened his eyes to new realities—kids who are afraid to go to school, who can’t read, who smoke weed in the hallways.

“This is where you really start to see inequities in the system, to see more of the injustices that exist in society,” he says. “I spent my life in private education; now suddenly I have this front-row seat in public schools, and you think, ‘How is this even possible?’”

Glazier then switched gears and joined a small real estate development team, managing an award-winning restoration of historic bungalows in Silverlake. On that job, he recalls, he met and interacted with people with criminal histories for the first time, giving him a glimpse into the challenges they face after prison.

EITs welcoming a volunteer at the start of a Defy coaching day

EITs welcoming a volunteer at the start of a Defy coaching day.

Meanwhile, Glazier also went back to school, earning his master’s in business administration from UCLA’s Anderson School of Management in 2006.

Two years later, he decided he’d had enough of real estate, which “didn’t feel meaningful to me.” In October of 2009, he took a job with City Year Los Angeles, a nonprofit that plunged him back into those vexing education problems. The agency works with AmeriCorps volunteers to serve as tutors, mentors, and role models for students in Los Angeles, grades three through 10.

The job gave Glazier his entrée into nonprofit work, where he finally found his mission. He stayed eight years with the education agency, having ascended to second in command in the Los Angeles chapter.  When he decided to leave—again with no job lined up—a friend referred him to the opening at Defy, which had recently launched a new Southern California branch.

Glazier has come to see parallels between the problems in public schools and those in public prisons. “They are both large bureau­cracies within the state government that are dealing with large numbers of people who are in need of intervention and education,” he explains. “So some of the basic reform ideas that apply to public education apply to prisons too.”

In either system, steering an organization in a new direction can be a herculean task. Glazier was well aware of the enormous challenge when he entered the criminal justice reform world three years ago, full of optimism and ambition. But he had no idea of the organizational landmines that awaited him at Defy Ventures, where a scandal was about to shake the nonprofit to its foundation while abruptly catapulting Glazier to the top job.

DEFY VENTURES WAS FOUNDED in 2010 in New York by a charismatic woman named Catherine Hoke, a UC Berkeley graduate and former Wall Street executive. But in 2018, she was forced to resign in the midst of accusations of sexual harassment, misuse of funds and misleading donors with inflated performance reports.

Glazier said the controversial leader had come to personify the organization. She had a golden touch for fundraising and promotion; she courted powerful people in politics and Silicon Valley and had a knack for drawing high-profile media coverage. When she stepped down, Glazier says, Defy seemed doomed, as donors rapidly retreated.

Hoke has denied the allegations, though she previously admitted having sex with ex-prisoners participating in a similar program she had established in Houston in 2004. After being banned from Texas prisons in 2009, she resurfaced in New York where she later faced the new allegations from former Defy employees. An internal investigation, conducted by an outside law firm, found evidence of personal impropriety, but no proof that program results were embellished, donors misled or funds misused.

Glazier joined Defy in May of 2017, charged with building the new L.A. chapter. But before he had completed his first year on the job, the scandal hit, and he was suddenly promoted to president and CEO as the organization ran out of money.

Glazier recalls how he perceived the promotion: “You’re in charge. Here’s a dumpster fire.”

The newcomer scrambled to keep the sinking agency afloat. He was forced to lay off two thirds of the staff, then proceeded “to engineer a turnaround.” Today, the agency is back on solid footing.

A Defy Ventures volunteer giving résumé feedback.Defy’s top goal, says Glazier, is cutting the rate of recidivism, the all-important measure that tracks the proportion of released offenders who return to prison over time. Nationwide, the rate has remained stubbornly high for decades. According to the most recent study released in 2018 by the federal Bureau of Justice Statistics, more than 83 percent of inmates released in 2005 had been re-arrested at least once within nine years. Most, 68 percent, were re-arrested within the first three years. The study followed a random sample of 67,966 prisoners from 30 states, including California, Colorado and New York, all places where Defy programs operate.

Defy’s strategy is essentially simple: Help men and women inside prisons prepare for a successful re-entry by teaching them business and career skills and personal development. Once they’re released, the agency provides continued support through a structured program to help them get a job or start a business.

While still in prison, participants engage in a seven-month curriculum that culminates in a Shark Tank-style competition, in which they pitch their ideas to a panel of business leaders and investors. After graduation and release, winners can bring their ideas to fruition through Defy’s Business Incubator.

ON ITS WEBSITE, Defy tracks results by the numbers: More than 5,200 prison participants, 4,800 volunteers, a one-year recidivism rate of 7.2 percent, an 84 percent employment rate and 143 businesses incorporated over the past eight years.

Like Defy itself, several of these small enterprises go on to employ former prisoners. Two Defy graduates work for Glazier at the agency’s spare and utilitarian offices, where the décor is corkboards and calendars.

Quan Huynh, the organization’s post-release program manager, joined the Defy program as a participant in 2015 while serving a life sentence for murder. He had been convicted in connection with a car-to-car shootout on the Santa Ana Freeway between his Vietnamese gang and members of a rival gang in the other car. He did time in some of the state’s toughest prisons, including Soledad and Pelican Bay.

“For the first 10 or 12 years, I never thought I was going to go home,” says Quan, whose parents fled the Vietnam War when he was an infant. At his parole hearing, he gambled on telling the truth, admitting he had lied in court and coached witnesses. His honesty paid off.

After his release, Defy helped him start his own cleaning company in Fountain Valley. Today, he is founder and CEO of Jade Janitors, currently with six employees, including five who were formerly incarcerated. He was Glazier’s first hire at Defy in 2017.

Another volunteer offering feedback to an EIT at a California prison.

Another volunteer offering feedback to an EIT at a California prison.

When asked, Quan thinks before offering a job assessment on his boss. “He’s very strategic and organized,” he says. “He’s all about systems and processes. He does not micromanage me at all. He empowers me. He sets the goal and sets high expectations, and we follow through with it.”

For Quan, that management style says, “I trust you.”

PRIVATELY, GLAZIER CAN “sometimes seem a little socially awkward,” Quan says, but he’s confident in the spotlight as Defy’s workshop leader. “He’s right in his comfort zone right there, actually connecting with the participants.”

During the recent Business Coaching Day, Glazier is clearly comfortable leading the icebreakers. In one, he asks people to introduce themselves by dancing their way from their seats to the front of the large hall.

“Quan, have you got some good dance music ready?”

There is no room to be bashful in this exercise. The participants, both budding entrepreneurs and volunteer counselors, make their way to the front, displaying individuality in their step. They strut, stroll, glide, vamp and slow-walk their way to the front, announcing the nicknames they gave themselves. There is Graceful Grace, Fantastic Frank, Kind Kyra and Bashful Benny. And here come Musical Michele, Ambitious Albert, Incredible Ian and Resilient Raul.

In the role of moderator, Glazier as Awesome Andrew is a cross between a motivational speaker, group therapy leader and game-show host. By the time these icebreakers work their wonder, the room is buzzing with laughter and chatter like a nightclub at midnight.

But when it comes time for Step to the Line, Glazier asks for silence. He instructs the group to form two lines along blue tape laid on the floor a few feet apart. Volunteers stand shoulder-to-shoulder on one side facing the Entrepreneurs in Training on the other. Then they all take two steps back from their respective lines, making the distance greater between them.

Glazier ’97 leading one of Defy's signature exercises, Step to the Line.

Glazier ’97 leading one of Defy’s signature exercises, Step to the Line.

Glazier then reads a series of questions. For each one, participants must step forward to their line if they feel the statement is “true for you.” As the exercise goes along, people on both sides of the divide step forward and back with each question, revealing both differences and commonalities.

Soothing guitar and piano music start playing, relaxing as a spa. Glazier’s words float over the room like spiritual meditations. “We don’t do shame at Defy,” he says, speaking slowly with deliberate pauses. “We’re forward-looking. We do empathy. Now, empathy is not pity. Nobody is asking for anybody to feel sorry for them. Feeling sorry for someone isn’t built on respect. But empathy is built on respect and shared humanity. Empathy says that I see you. I hear you. And I understand.”

The first few questions are for fun.

I like scary movies.

I know who Billie Eilish is.

I was the class clown.

As the statements get more probing, responses reveal social divisions. Only two of the EITs, but half of the volunteers, indicate their parents paid for private schools. Only one former prisoner earned a four-year college degree; most dropped out of high school.

Yet people on both sides share sad experiences, with random movements back and forth from the line of truth.

I struggle with my self-confidence to this day.

My mother or father have been to jail or prison.

My parents split up and their divorce deeply wounded me.

I’ve lost someone I love to violence.

An EIT hugs members of his family during an emotional Defy Ventures graduation exercise.

An EIT hugs members of his family during an emotional Defy Ventures graduation exercise.

When the questions turn to crime, the results are both surprising and shocking. Surprising to learn that many of the mostly white mentors have been stopped or questioned by police for no reason, and almost all have been arrested. Shocking to see what the EITs have endured in prison. The majority have spent more than four years behind bars, a few more than 20. The visual of men stepping back or remaining on the line as the number of years are called out makes for a powerful moment. Even more so when Glazier asks about a harsh psychological punishment.

I’ve spent time in solitary confinement. (All but two step foward.)

More than two years. (Two men step back.)

Three years. (Three men remain.)

Five years. (Two left.)

Seven. (One man still on the line.)

Ten years. (Finally, all have stepped back.)

The exercise has succeeded. It has stirred passion and compassion, even from this casual observer. And it has forged strong bonds among this unlikely team of strangers, as indicated by their collective shared movement when Glazier delivers the final statements.

I feel proud of the person I am becoming.

Everybody steps up to the lines, and a couple give high fives across the quickly closing gap.

Okay, last one. If it’s true for you, let me hear it. I love being part of the Defy community.

The session ends with cheers, laughter, spontaneous hugs all around.

Inside Out

Inside Out thumbnail

fences topped with razor-sharp wireBEHIND FENCES TOPPED with razor-sharp wire, students from the 5Cs sit next to incarcerated students each semester in classes taught by Claremont Colleges professors at the California state prison in Norco.

They are part of the Inside-Out Prison Exchange program, an international effort introduced locally by Pitzer College in 2014 and expanded in 2018 to include courses from Pomona College and the other 5Cs. The classes inside the 3,600-inmate California Rehabilitation Center (CRC) are part of the groundbreaking Inside-Out program created by Temple University Professor Lori Pompa in 1997—an effort that took ‘outside’ undergraduate students into classes with ‘inside’ students serving sentences in Pennsylvania prisons. Since then, it has expanded to more than 150 colleges and universities at some 200 jails and prisons.

Education isn’t the only goal of the college-credit classes; it’s also an attempt to create dialogue between groups with profound social differences. But the inside and outside students are equals in the classroom: They read the same materials, complete the same assignments, earn the same college credit and in small ways start to echo each other. As one incarcerated student in Professor Jo Hardin’s Math 57 class, Thinking with Data, writes:

In the future I hope to organize communities that focus on sustainable, environmentally beneficial practices. With the skills I learned in this class I feel prepared to communicate and interpret complex scientific data in ways that are easily understood and enjoyable to contemplate. Also by broadening my interactions with young scholars I’m exposed to the issues pertinent to the change makers of tomorrow.

Ultimately, the differences are stark. The outside students get to leave after class and return to a bus where their cell phones and lives await. The inside students at the medium-security men’s facility will eventually be eligible for release, but for now their lives are confined by both fences and regulations. They answered questions about the program in anonymous handwritten responses, including this one from a student in Linguistics 114, a course on language and discrimination taught by Nicole Holliday, an assistant professor of linguistics at Pomona:

I thought I would just be an outcast for the rest of my life, but my interactions with the outside students showed me that not everyone will judge me, and maybe I’ll get to find a place I fit into society after all.

And another student:

Being part of an “inside-out” class also makes me feel like a regular person, not an inmate. It is a welcome reprieve from the highly punitive correctional environment that I live in.

And another:

Being treated like a human and not a monster.

The buses leave The Claremont Colleges at 12:30 p.m. on the days of classes at the prison. Six courses were offered in fall 2019 and another half-dozen this spring, each meeting once a week. The students and professors must be cleared by prison security and undergo orientation, as well as being tested for tuberculosis before classes begin. They invest a full afternoon for one class, often returning to campus as late as 5:30. “Walking into the prison for the first time, it felt incredibly surreal,” says Pomona student Sarah Sundermeyer ’21. “But I think that feeling of trepidation dissipated as soon as we were inside the classroom with the other students. They were so warm and friendly and just open and willing to share in a way that I don’t know that I expected.”

An experience different from what they expected is a common refrain. “I guess it’s been more striking how unremarkable it is,” Hardin says. “You think, ’Oh, this is a really big deal.’ Everybody says it’s really impactful, and in some ways it has been. But in terms of the class structure and the class dynamics, it’s really just a class.”

“And that’s what you’re actually trying to do, right?” interjects Holliday. “Part of the innovation is treating people who are incarcerated like people—and that means treating them like students, for us.”

The courses are partly tailored for the setting, with Hardin’s data class focused on interpreting such information as census statistics and medical research, but also on the probabilities involved in DNA analysis of the sort used in criminal investigations and trials. Discussion is also an integral part of the model. “The topic was statistics and right off the bat people were saying, ‘I feel I’m reduced to a number in the system,’” says Ahana Ganguly ’21.

Holliday’s class examines linguistic prejudice in the educational system as well as the criminal justice system. “Every single inside student had a story about being told that they talked ‘ghetto’ or literally having the Spanish beaten out of them in school,” she says. “When people tell you your language doesn’t work because of their racism, you don’t use your language. And then what happens to you in school? It’s really, really powerful. And maybe in some small way, you know, what the program is trying to do is just restore a little bit of the dignity that they lost through the way they were treated in the educational system to begin with.”

Inside students earn course credits and a small amount of time off their sentences. Outside students earn credit and a first-person experience of a system most had considered only in theory.

“I think the greatest benefit actually—I hope—accrues to the larger society,” Holliday says. “What does a world look like when every judge, every lawyer, every politician has had a real human connection with someone that’s incarcerated? And we know our students go on to do wonderful things. They’re going to grad school; they’re going to law school; they’re going to be important and powerful. I want a generation of people that have had that experience and seen how fundamentally unfair our system is, that have the power to change it when they get out.”

Involvement in research or activism involving the criminal justice system is nothing new at The Claremont Colleges, with a decades-long tradition among many faculty, particularly at Pitzer. Pomona Professor of Religious Studies Erin Runions has facilitated writing workshops inside a women’s prison and teaches a popular course on Religion, Punishment and Restoration that is now part of the Inside-Out program.

But it was Pitzer’s Tessa Hicks Peterson—an associate professor of urban studies and assistant vice president of community engagement who also heads the Office of Consortial Academic Collaboration—who piloted the first Inside-Out course, Healing Arts and Social Change, which took place at CRC in the spring of 2014. Since then she has worked to spread this model to the other Claremont Colleges, with the support from the 7C Deans and many engaged faculty.

The expansion came with the support of a $1.1 million grant Pitzer received from the Andrew W. Mellon Foundation in 2018 and is now run by Pitzer’s Tyee Griffith, founding manager of the Justice Education Initiative. In fall 2020, Pitzer will become the first Inside-Out program in the nation to offer a pathway to a bachelor’s degree for incarcerated students, who previously only have been able to earn associate’s degrees. The first class of incarcerated students to earn bachelor’s degrees in organizational studies from Pitzer would be in 2022.

All of these are complex issues, of course, involved in crime and punishment. Even on the Claremont campuses, a club called the 5C Prison Abolition Collective staged a panel last fall examining the ethics of Inside-Out that included formerly incarcerated speakers as well as Pomona’s Runions, a longtime activist and Inside-Out professor. Some who support the dismantling or reduction of the prison system over traditional reform contend that the Inside-Out program makes participants complicit with the system itself.

“There’s an idea that this ‘makes the prison look good,’” Peterson says. “But the prison is not necessarily pushing for this: We are really advocating for it on behalf of those inside who have asked us to do it. We’re there because we’re invited; we’re there because it’s their right to education, just like anyone else’s. And the educational experience is really transformative and does often provide a level of agency, like any educational experience does. That in and of itself is what we hope will change the system—both girding the folks inside with that sense of agency and education but also girding our 5C undergraduates with knowledge about this system, that for many people they have a luxury to not have to know and care what’s happening in these facilities that are state-run, that our tax dollars are going to. So we’re complicit with these institutions, regardless of whether we’re teaching inside or sitting here ignoring them. Those of us involved feel like we’d much rather be complicit with a solution of educating ourselves about these institutions so that we can become better advocates. Because certainly, you can’t teach inside without having resulting very strong feelings about the prison-industrial complex. It’s just impossible.”

The ideas a professor or student comes in with are not often the ones they leave with, says Darryl Yong, a professor of mathematics at Harvey Mudd who serves as faculty liaison for Inside-Out.

“It’s so black and white at first for many students,” he says. “Then when they see it and experience it, they realize it’s way more complicated than they could have possibly imagined. I think that complication is part of the learning. You learn by feeling squeezed in both worlds. Even the experience of having to walk through the gate, walk to our classroom, just being in the space, understanding what people are subjected to, it opens your eyes.”

Pomona students and others say they walk away changed.

“I love that idea that learning could provide an escape, and education could provide a kind of inner freedom for them and for us as well, as Claremont students,” Sundermeyer says.

Talking While Black

Talking While Black

Talking While BlackSIMPLE TRAFFIC STOPS escalate, ending in unnecessary deaths. In courtrooms, justice is not always served. And in prisons, the voices of many of the incarcerated sound alike.

As a sociolinguist, Assistant Professor of Linguistics Nicole Holliday specializes in the study of how language and identity interact. More specifically, she focuses on the many implications of a central question: What does it mean to sound Black?

Holliday’s research on race and intonational variation examines wide aspects of society, including political speech. Yet there are few areas where the impact of race and linguistic differences is more stark than in the criminal justice system.

In just one example, in 2015 a college-educated African American woman named Sandra Bland was arrested in Texas after a minor traffic stop turned into a confrontation. Three days later, Bland died in jail in a suspicious death that was ruled a suicide.

After hearing the dash-cam audio of the incident, Holliday and fellow linguists Rachel Burdin and Joseph Tyler analyzed it and wrote an article, “Sandra Bland: Talking While Black,” that was published by Language Log, a linguistics blog hosted by the University of Pennsylvania.

With the help of linguistics tools such as the software program Praat and spectrograms that provide visual representations of variation in pitch, the researchers argued that the state trooper and Bland were, in essence, speaking different languages.

“What we did is we went through and used this annotation system, and we coded where the phrases are broken up and where the pitch moves up and down, the voice moves up and down, for each of them,” Holliday says.

“What we came to was she is using an identifiably African American tone pattern and he is not really matching her. So she starts in one place. He starts in another place. And it’s clear that as the situation escalates, he’s increasingly interpreting her as disrespectful, hostile, something like that. She does a few things in particular where she uses these kinds of tones, where her voice falls and rises on the same syllable. This is a pattern that we see more frequently with African American speakers.

“With the officer, he doesn’t really do that at first, but as he moves through the interaction with her, he starts to be more like that. So we think there is a mismatch in his expectations of what she was supposed to sound like as a respectful citizen. But this mismatch is fundamentally about the fact that she speaks African American English and he doesn’t.”

Bland died in jail after an incident that appeared to start with no more than a failure to signal. Her family ultimately sued, settling a wrongful death suit for $1.9 million. A misdemeanor perjury charge against the state trooper, Brian Encinia, was dismissed after he surrendered his law enforcement license and agreed not to work in the field again.

Another prominent case examined by linguists is the outcome of the trial in the shooting death of unarmed Black teenager Trayvon Martin in Florida in 2012. George Zimmerman, a neighborhood watch volunteer, was acquitted of second-degree murder and manslaughter in Martin’s death.

In a paper titled “Language and Linguistics on Trial,” Stanford University Professor John Rickford, now retired, and co-author Sharese King, now an assistant professor at the University of Chicago, argued that the testimony of key prosecution witness Rachel Jeantel, a 19-year-old Black teenager, was dismissed as not credible because she spoke in African American English, contributing to the not-guilty verdicts. Jeantel was on the phone with Martin as the incident unfolded.

“They lay out all of these moments where she’s using these features of African American English that could clearly be misinterpreted by people unfamiliar with the variety,” Holliday says. “So basically, she’s speaking really differently than the lawyers, than the jury, than the public.

“There are a number of features of African American English that Jeantel employs that may be unfamiliar to mainstream listeners. For example, Rickford and King point out the use of ‘zero copula’, or the omission of the overt ‘is’ or ‘are’ verb in a sentence. Jeantel also uses differences in use of plural and possessive forms, which are also forms that may distinguish African American English from mainstream varieties.”

Jeantel’s testimony included phrases incorporating those styles, and some listeners may be unable or unwilling to hear beyond a highly socially stigmatized way of speaking.

“So when you hear somebody speak this way and you have these biases, you might just say, ‘Oh, this person is not educated and I’m going to stop listening,’” Holliday says.

“People attach a lot of judgments about morality and character to the way that people talk. And these biases that we have are almost always racist, classist, sexist, problematic in some other way, but it’s not the fault of the language. The language just varies. And that’s a natural part of what language does. But the variation gets interpreted as a problem.

“It’s very transparent that people’s ideas about language aren’t really about language,” she says. “They’re about other sociological phenomena.”