Roger A. Fairfax, Jr., Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs and Research Professor of Law, recently participated in a panel discussion at Politics and Prose Bookstore about a new book called Policing the Black Man. The book is a comprehensive, readable analysis, which explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men. Topics discussed in the book include racial profiling, implicit bias, the disproportionate imprisonment of black men, mass incarceration, and the failure of the Supreme Court and other official bodies to reform the system. Angela J. Davis, the book’s editor and Professor of Law at American University’s Washington College of Law, welcomed guests to the discussion and introduced three essay contributors, including Senior Associate Dean Fairfax.
Ms. Davis shared that the book explores and contextualizes the phenomenon of the unjustified killings of black boys and men. “I jumped at this opportunity because there is no issue more important to me than the unjust treatment of black and brown people in the criminal justice system,” she said. Many killings have occurred of police officers engaging in racial profilings, “stopping and harassing men and boys of black or brown skin for no explainable reason other than the color of their skin,” Ms. Davis explained. Officers claimed that they felt threatened even though the men were unarmed. The killings of Trayvon Martin, Michael Brown, Eric Garner, Walter Scott, Tamir Rice, Freddie Gray, and others “served as a catalyst for this anthology,” Ms. Davis said. "This anthology explores and explains the policing of black men from slavery to the present day and at every stage of the criminal process and beyond."
"Voters are beginning to expect that you articulate a platform that goes beyond how many people you seek to lock up and instead how you are going to make us safer by taking investments from mass incarceration and allowing them to be put toward schools, hospitals, bridges, and roads by being smart on criminal justice policy and moving away from those tough on crime policies."
— Excerpt from Senior Associate Dean Fairfax's Q&A response.
Each contributor had time to provide brief summaries of their book chapters. Senior Associate Dean Fairfax’s chapter, “The Grand Jury and Police Violence Against Black Men,” examines the role of a grand jury and prosecutor in the criminal process. His chapter tells the stories of real people—real men and boys—whose lives were “snatched” from them and their loved ones. In cases involving police officers killing unarmed black men, Senior Associate Dean Fairfax said police officers are often not arrested or charged with a crime. He explained that he does not have the answers regarding grand jury decisions, but he emphasized that the independence of the prosecutor is the most important factor in determining whether or not there is a fair proceeding before the grand jury. Senior Associate Dean Fairfax explained that prosecutors are the most important officials in the criminal justice system, they drive the decision, and they have more power and discretion than anyone. “I certainly go through the history and the structure of the grand jury,” he said. “I look at certain features of the grand jury like secrecy and the demographic makeup of the grand jury to determine if there are some tweaks we can make around the margins that might enhance the likelihood of getting an indictment in one of these cases.”
After the panelists discussed their book chapters, a Q&A session was held and guests asked questions about the effects aggressive policing have on black youth; the standard that is used for police officers regarding unreasonable searches and seizures; and how panelists view restorative justice practices as a possibility of reducing trauma caused by aggressive policing.
Watch the entire discussion below.
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