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Ep. 39: From Cradle to Courtroom - How The Media Stacks the Deck Against “Defendants”

The United States, far and away, has the largest prison population in the world. It also has one of the greatest disparities in their prison population of ethnic minorities in the world. How does a country that prides itself on being a “beacon of freedom” and whose leaders travel the world scolding other countries on “human rights” find itself to be the largest carceral state of the 21st century? 

What are the cultural forces that reinforce racist attitudes, deference to the police and prosecutors, and a belief that 7 million people – or, the equivalent population of Washington DC, Vermont, North Dakota, Alaska, South Dakota, Delaware, Montana, and Rhode Island – all belong in cages or on parole or prohibition.

For this show – recorded live in Brooklyn, NY on May 25, 2018 – we will follow a hypothetical "defendant," the median being an African-American in their early 20's, from birth to the time they sit in front of a judge and, at each point, examine how the media stacks the deck against them. We cover this in five parts, each representing different moments in this chain of events - Birth, Childhood, Adolescence, the Arrest and the Plea – and show how the media conspires to make a not guilty verdict all but impossible. 

We are joined by Rachel Foran and Naila Siddiqui of Court Watch NYC. 

The live show contained visuals, if you'd like to listen to the show with those visuals you can see this video here

Court Watch NYC

Court Watch NYC, a New York-based collaborative project with VOCAL-NY, the Brooklyn Community Bail Fund, and 5 Boro Defenders, collects real-time data of what is actually happening in courtrooms and captures the narratives not reflected in official accounts. Follow them @CourtWatchNYC.

Guests

Rachel Foran is Managing Director of the Brooklyn Community Bail Fund, a non-profit organization that pays bail for New Yorkers that cannot afford it and fights for the elimination of the money bail system. Recently, Rachel helped create the community-driven court monitoring and prosecutor accountability project Court Watch NYC.

Naila Siddiqui is a Public Defender who represents indigent New Yorkers accused of crimes. She is a member of 5 Boro Defenders, a coalition of public defenders in New York City organizing around the systemic injustices of the criminal legal system.

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Show Notes

BIRTH

The Myth of the ‘Crack Baby’

Janine Jackson | September 1998 | FAIR

The Crack Baby Myth: Now They Tell Us

Janine Jackson | January 30, 2009 | FAIR

Revisiting the ‘Crack Babies’ Epidemic That Was Not

Michael Winerip, Retro Report | May 20, 2013 | The New York Times

Re-Examining ‘Crack Baby’ Myth — Without Taking Responsibility

Janine Jackson | July 2013 | FAIR

The Birth of the Crack Baby and the History that “Myths” Make [PDF]

Jason E. Glenn | October 2006 | University of Texas Medical Branch

The construction of the crack babies phenomenon as a social problem [PDF]

Peter Lyons & Barbara Rittner | 1998 | American Journal of Orthopsychiatry

A big part of the war on drugs is based on a huge myth

German Lopez | July 10, 2015 | Vox

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CHILDHOOD

The Coming of the Super-Predators

John Dilulio | November 27, 1995 | The Weekly Standard

Black Boys Viewed as Older, Less Innocent Than Whites, Research Finds

Philip Atiba Goff, PhD | March 6, 2014 | American Psychological Association

Study: Cops Tend to See Black Kids as Less Innocent Than White Kids

Philip Bump | March 10, 2014 | The Atlantic

Black Boys Are Perceived As Older and Less Innocent Than Their White Peers

Melissa Dahl | December 29, 2015 | The Cut

Teachers' implicit bias against black students starts in preschool, study finds

Yolanda Young | October 4, 2016 | The Guardian

Study: Black girls viewed as ‘less innocent’ than white girls

T. Rees Shapiro | June 27, 2017 | The Washington Post

Adults Think Black Girls Are Older Than They Are—and It Matters

Collier Meyerson | July 6, 2017 | The Nation

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ADOLESCENCE & ADULTHOOD

Loose Cigarettes Today, Civil Unrest Tomorrow

Justin Peters | December 5, 2014 | Slate

Romanticizing ‘Broken Windows’ Policing

Charles Blow | July 4, 2015 | The New York Times

When The Media Treats White Suspects And Killers Better Than Black Victims

Nick Wing | August 14, 2014 | The Huffington Post

How the media smears black victims

Adam Johnson | March 30, 2017 | The Los Angeles Times

Black Man Stabbed to Death by White Supremacist–Then Smeared by Media

Adam Johnson | March 22, 2017 | FAIR

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ARREST

“Do What You Gotta Do”: Cop Shows Bolster Idea That Police Violence Works

Aaron Miguel Cantú | March 16, 2014 | truthout

Chicago PD Loves Brutality, Eschews Originality

Margaret Lyons | January 8, 2014 | Vulture

Criminal Justice Media’s ‘Twisted’ Coverage 

Josmar Trujillo | June 19, 2014 | FAIR

Media Convicts Scores of ‘Gang Members’ on NYPD’s Say-So–No Trials Necessary

Adam Johnson | May 2, 2016 | FAIR

With Nighttime Raids, Police Wage War on Black and Brown Families in New York

Ashoko Jegroo | March 31, 2017 | truthout

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PLEA

Brooklyn’s Wrongful Convictions Persist With ‘Gang’ Cases

Josmar Trujillo | July 8, 2017 | The Huffington Post

Reasonable Doubts About the Jury System

Adam Benforado | June 16, 2015 | The Atlantic

Massive Bronx Gang Prosecution Raises Fairness Questions

Simon Davis-Cohen | January 16, 2017 | City Limits

A Year After NYC’s Biggest “Gang Raids,” Families Say It’s Just Stop And Frisk By Another Name

Max Rivlin-Nadler | April 28, 2017 | Village Voice

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References

Three quarters of whites don’t have any non-white friends

Christopher Ingraham | August 25, 2014 | The Washington Post

Address to the Nation on the Campaign Against Drug Abuse 

Ronald & Nancy Reagan | September 14, 1986 | American Presidency Project

Crack Babies: The Worst Threat Is Mom Herself

Douglas J. Besharov | August 6, 1989 | The Washington Post

A Time Bomb in Cocaine Babies

Courtland Milloy | September 17, 1989 | The Washington Post

Crack Mothers, Crack Babies and Hope

Editorial | December 31, 1989 | The New York Times

Childhood's End: What Life Is Like for Crack Babies

Ellen Hopkins | October 18, 1990 | Rolling Stone

The Cost of Not Preventing Crack Babies 

Editorial | October 10, 1991 | The New York Times

Schools Trying to Cope With 'Crack Babies'

Priscilla Van Tassel | January 5, 1992 | The New York Times

The Epidemic That Wasn’t

Susan Okie | January 26, 2009 | The New York Times

'Crack babies' grow up, and do better than expected

Susan Okie | January 27, 2009 | The New York Times

Civil Rights Data Collection, Data Snapshot: School Discipline [PDF]

U.S. Department of Education Office for Civil Rights | March 2014

The Sexual Abuse to Prison Pipeline: The Girls’ Story [PDF]

Malika Saada Saar, et al. | February 2015 | Georgetown University Law Center

Crack and Punishment: Is Race the Issue?

Charisse Jones | October 28, 1995 | The New York Times

Broken Windows

George L. Kelling & James Q. Wilson | March 1982 | The Atlantic

Nathan Glazer Changes His Mind, Again

James Traub | June 28, 1998 | The New York Times

More proof NYPD’s beloved “Broken Windows” policy is a racist mess

Elias Isquith | October 29, 2014 | Salon

The Role of Entertainment Media in Perceptions of Police Use of Force [PDF]

Kathleen Donovan & Charles Klahm IV | December 2015 | St. John Fisher College

‘Dragnet’ was straight up LAPD propaganda, on national TV for years 

Jacqui Shine | June 20, 2017 | Timeline

The Dragnet Effect: How TV Has Obscured Police Brutality 

Conor Friedersdorf | June 12, 2015 | The Atlantic

Breathe Easily, White America

Laura Hudson | December 30, 2014 | Slate

Police Procedurals: Harmless Entertainment or Propaganda?

Ana Miljak | June 3, 2016 | Public Seminar

Chicago wrestles with legacy of police torture

Lisa Fletcher & Ryan Loughlin | June 17, 2015 | Al Jazeera America

A Digital Archive Documents Two Decades of Torture by Chicago Police

Juleyka Lantigua-Williams | October 26, 2016 | The Atlantic

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Transcript

The transcript for the episode can be found here.

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Ep. 39: From Cradle to Courtroom - How The Media Stacks the Deck Against “Defendants”

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