Report of the National Advisory (Kerner Report 1967)

The progress from Western colonial global expansion, and the construction of American wealth and industry on the backs of enslaved Blacks and Native peoples, followed by the abrupt "emancipation" of the slaves and their exodus from the South to the Northern cities, has led us to our current divided society. Divided by economic inequities and unequal access to social resources, the nation lives in a media dream of social harmony, or did until YouTube set its bed on fire. Now, it is common knowledge that our current system of brutal racist policing and punitive over-incarceration serves the dual purpose of maintaining racial prejudice and the inequities it justifies. Brief yourself on this late-breaking development in American history here.

Re: Report of the National Advisory (Kerner Report 1967)

Postby admin » Mon May 02, 2016 11:11 am

Part 1 of 2

Chapter 5: Rejection and Protest: An Historical Sketch

INTRODUCTION


The events of the summer of 1967 are in large part the culmination of 300 years of racial prejudice. Most Americans know little of the origins of the racial schism separating our white and Negro citizens. Few appreciate how central the problem of the Negro has been to our social policy. Fewer still understand that today's problems can be solved only if white Americans comprehend the rigid social, economic, and educational barriers that have prevented Negroes from participating in the mainstream of American life. Only a handful realize that Negro accommodation to the patterns of prejudice in American culture has been but one side of the coin -- for as slaves and as free men, Negroes have protested against oppression and have persistently sought equality in American society.

What follows is neither a history of the Negro in the United States nor a full account of Negro protest movements. Rather, it is a brief narrative of a few historical events that illustrate the facts of rejection and the forms of protest.

We call on history not to justify, but to help explain, for black and white Americans, a state of mind.

THE COLONIAL PERIOD

Twenty years after Columbus reached the New World, African Negroes, transported by Spanish, Dutch, and Portuguese traders, were arriving in the Caribbean Islands. Almost all came as slaves. By 1600, there were more than half a million slaves in the Western Hemisphere.

In Colonial America the first Negroes landed at Jamestown in August 1619. Within 40 years Negroes had become a group apart, separated from the rest of the population by custom and law. Treated as servants for life, forbidden to intermarry with whites, deprived of their African traditions, and dispersed among Southern plantations, American Negroes lost tribal, regional, and family ties.

Through massive importation, their numbers increased rapidly. By 1776, some 500,000 Negroes were held in slavery and indentured servitude in the United States. Nearly one of every six persons in the country was a slave.

Americans disapproved a preliminary draft of the Declaration of Independence that indicted the King of England for waging "cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither." Instead, they approved a document that proclaimed "all men are created equal."

The statement was an ideal, a promise. But it excluded the Negroes who were held in bondage, as well as the few who were free men.

The conditions in which Negroes lived had already led to protest. Throughout the 18th century, the danger of Negro revolts obsessed many white Americans. Slave plots of con- siderable scope were uncovered in New York in 1712 and 1741, and they resulted in bloodshed -- whites and Negroes were slain.

Racial violence was present almost from the beginning of the American experience.

THE REVOLUTION

Negroes were at first barred from serving in the Revolutionary Army, recruiting officers having been ordered in July 1775 to enlist no "stroller, Negro, or vagabond." Yet Negroes were already actively involved in the struggle for independence. Crispus Attucks, a Boston Negro, was perhaps the first American to die for freedom, and Negroes had already fought in the battles at Lexington and Concord. They were among the soldiers at Bunker Hill.

Fearing that Negroes would enlist in the British Army, which welcomed them, and facing a manpower shortage, the Continental Army accepted free Negroes. Slaves joined the British, and according to an estimate by Thomas Jefferson, more than 30,000 Virginia slaves ran away in 1778 alone, presumably to enlist. The states were enrolling both free and slave Negroes, and finally Congress authorized military service for slaves, who were to be emancipated in return for their service. By the end of the war, about 5,000 Negroes had been in the ranks of the Continental Army. Those who had been slaves became free.

But the liberty and equality implicit in American independence had meaning rather than application to them.

THE CONSTITUTION AND THE LAWS

Massachusetts abolished slavery in 1783, and Connecticut, Rhode Island, New Jersey, Pennsylvania, and New York soon provided for gradual liberation. But relatively few Negroes lived in these states. The bulk of the Negro population was in the South, where white Americans had fortunes invested in slaves. Although the Congress banned slavery in the Northwest Territory, delegates at the Constitutional Convention compromised with the institution -- a slave counted as three-fifths of a person for determining the number of representatives from a state to Congress; Congress was prohibited from restricting the slave trade until after 1808, and the free states were required to return fugitive slaves to their Southern owners.

Growing numbers of slaves in the South became permanently fastened in bondage, and slavery spread into the new Southern regions. When more slaves were needed for the cotton and sugar plantations in the Southwest, they were ordered from the "Negro-raising" states of the Old South or, despite Congressional prohibition of the slave trade, imported from Africa.

The laws of bondage became even more institutionalized. Masters retained absolute authority over their Negroes, who were unable to leave their masters' properties without written permission. Any white person, even those who owned no slaves -- and they outnumbered slaveholders six to one -- could challenge a truant slave and turn him over to a public official. Slaves could own no property, could enter into no contract, not even a contract of marriage, and had no right to assemble in public unless a white person was present. They had no standing in the courts. Without legal means of defense, slaves were susceptible to the premise that any white person could threaten their lives or take them with impunity.

DISCRIMINATION AS DOCTRINE

The situation was hardly better for free Negroes. A few achieved material success, several owned slaves themselves, but the vast majority knew only poverty and suffered the indignity of rejection by white society. Forbidden to settle in some areas, segregated in others, they were targets of prejudice and discrimination. In the South, they were denied freedom of movement, severely restricted in their choice of occupation, and forbidden to associate with whites or with slaves. They lived in constant danger of being enslaved -- whites could challenge their freedom and an infraction of the law could put them into bondage. In both North and South, they were regularly victims of mobs. In 1829, for example, white residents invaded Cincinnati's "Little Africa," killed Negroes, burned their property, and ultimately drove half the colored population from the city.

Some Americans, Washington and Jefferson among them, advocated the gradual emancipation of slaves, and in the 19th century, a movement to abolish slavery grew in importance and strength. A few white abolitionist leaders wanted full equality for Negroes, but others sought only to eliminate the institution itself. And some anti-slavery societies, fearing that Negro members would unnecessarily offend those who were unsympathetic with abolitionist principles, denied entrance to Negro abolitionists.

Most Americans were, in fact, against abolishing slavery. They refused to rent their halls for anti-slavery meetings. They harassed abolitionist leaders who sought to educate white and Negro children together. They attacked those involved in the movement. Mobs sometimes killed abolitionists and destroyed their property.

A large body of literature came into existence to prove that the Negro was imperfectly developed in mind and body, that he belonged to a lower order of man, that slavery was right on ethnic, economic, and social grounds -- and quoted the Scriptures in support.

Spreading rapidly during the first part of the 19th century, the institution enslaved less than one million Negroes in 1800, but almost four million in 1860. Although some few white Americans had freed their slaves, most increased their holdings, for the invention of the cotton gin had made the cotton industry profitable. In mid-century, slavery in the South was a systematic and aggressive way of treating a whole race of people.

The despair of Negroes was evident. Malingering and sabotage tormented every slaveholder. The problem of runaway slaves was endemic. Some slaves -- Gabriel Prosser in 1800, Denmark Vesey in 1822, Nat Turner in 1831, and others -- turned to violence, and the sporadic uprisings that flared demonstrated a deep protest against a demeaning way of life.

Negroes who had material resources expressed their distress in other ways. Paul Cuffee, Negro philanthropist and owner of a fleet of ships, transported in 1816 a group of Negroes to a new home in Sierra Leone. Forty years later Martin R. Delany, Negro editor and physician urged Negroes to settle elsewhere. When Frederick Douglass, the distinguished Negro abolitionist, addressed the citizens of Rochester on Independence Day, 1852, he told them:

The Fourth of July is yours, not mine. You may rejoice, I must mourn. To drag a man into the grand illuminated temple of liberty, and call upon him to join you in joyous anthems, were inhuman mockery and sacrilegious irony.... Fellow citizens, above your national tumultuous joy, I hear the mournful wail of millions, whose chains, heavy and grievous yesterday, are today rendered more intolerable by the jubilant shouts that reach them....


THE PATH TOWARD CIVIL WAR

The 1850's brought Negroes increasing despair, as the problem of slavery was debated by the nation's leaders. The Compromise of 1850 and the Kansas-Nebraska Act of 1854 settled no basic issues. And the Dred Scott case in 1857 confirmed Negroes in their understanding that they were not "citizens" and thus not entitled to the Constitutional safeguards enjoyed by other Americans.

But the abolitionist movement was growing. "Uncle Tom's Cabin" appeared in 1852 and sold more than 300,000 copies that year. Soon presented on the stage throughout the North, it dramatized the cruelty of slave masters and overseers and condemned a culture based on human degradation and exploitation. John Brown's raids, then the election of Abraham Lincoln to the Presidency on an anti-slavery platform gave hope that the end of slavery was near.

But by the time Lincoln took office, seven Southern states had seceded from the Union, and four more soon joined them. Even the abolitionist movement had disappointed perceptive Negroes who saw that white leaders were less than altogether sincere. A few were genuinely interested in the Negro, but most were paternalistic and prejudiced. Whites were motivated at best by pity, at worst by economic self-interest.

Equality of treatment and acceptance by the society at large were myths, and Negro protest during the first half of the 19th century took the form of rhetoric, spoken and written, which combined denunciation of undemocratic oppression together with pleas to the conscience of white Americans for the redress of grievances and the recognition of their constitutional rights.

A few Negroes joined white Americans who believed that only Negro emigration to Africa would solve racial problems. But most Negroes equated that program with banishment and felt themselves "entitled to participate in the blessings" of America. The National Negro Convention Movement, formed in 1830, held conferences to publicize on a national scale the evils of slavery and the indignities heaped on free Negroes.

The American Moral Reform Society, founded by Negroes in 1834, rejected racial separatism and advocated uplifting "the whole human race, without distinction as to . . • complexion." Other Negro reformers pressed for stronger racial consciousness and solidarity as the means to overcome racial barriers. Many took direct action to help slaves escape through the Underground Railroad. A few resisted discrimination by political action, even though most Negroes were barred from voting. Some few called for, but made no effort to organize, slave rebellions and mass violence.

Frustration, disillusionment, anger, and fantasy marked the Negro protest against the place in American society assigned to them. "I was free," Harriet Tubman said, "but there was no one to welcome me in the land of freedom. I was a stranger m a strange land."

The Civil War and Emancipation renewed Negro faith in the vision of a racially egalitarian and integrated American society. But Americans, after having been roused by wartime crisis, would again fail to destroy what abolitionists had described as the "sins of caste."

CIVIL WAR AND "EMANCIPATION"

Negroes volunteered for military service during the Civil War, the struggle, as they saw it, between the slave states and the free states. They were rejected.

Not until a shortage of troops plagued the Union Army late in 1862, were segregated units of "United States Colored Troops" formed. Not until 1864 did these men receive the same pay as white soldiers. A total of 186,000 Negroes served.

The Emancipation Proclamation of 1863 freed few slaves at first, but had immediate significance as a symbol. Negroes could hope again for equality.

But there were, at the same time, bitter signs of racial unrest. Violent rioting occurred in Cincinnati in 1862, when Negro and Irish hands competed for work on the riverboats. Lesser riots took place in Newark, New Jersey, and in Buffalo and Troy, New York, the result of combined hostility to the war and fear that Negroes would take white jobs.

The most violent of the troubles took place in New York City Draft Riots in July 1863, when white workers, mainly Irish-born, embarked on a three-day rampage.

Desperately poor and lacking real roots in the community, they had the most to lose from the draft. Further, they were bitterly afraid that even cheaper Negro labor would flood the North if slavery ceased to exist.

All the frustrations and prejudices the Irish had suffered were brought to a boiling point.... At pitiful wages, they had slaved on the railroads and canals, had been herded into the most menial jobs as carters and stevedores.... Their crumbling frame tenements ... were the worst slums in the city.


Their first target was the office of the provost-marshal in charge of conscription, and 700 people quickly ransacked the building and set it on fire. The crowd refused to permit firemen into the area, and the whole block was gutted. Then the mob spilled into the Negro area, where many were slain and thousands forced to flee town. The police were helpless until federal troops arrived on the third day and restored control.

Union victory in the Civil War promised the Negroes freedom but hardly equality or immunity from white aggression. Scarcely was the war ended when racial violence erupted in New Orleans. Negroes proceeding to an assembly hall to discuss the franchise were charged by police and special troops, who routed the Negroes with guns, bricks, and stones, killed some at once, pursued and killed others who were trying to escape.

Federal troops restored order. But 34 Negroes and four whites were reported dead and over 200 people were injured. General Sheridan later said:

At least nine-tenths of the casualties were perpetrated by the police and citizens by stabbing and smashing in the heads of many who had already been wounded or killed by policemen... it was not just a riot but 'an absolute massacre by the police ...' a murder which the mayor and police ... perpetrated without the shadow of necessity.


RECONSTRUCTION

Reconstruction was a time of hope, the period when the 13th, 14th, and 15th Amendments were adopted, giving Negroes the vote and the promise of equality.

But campaigns of violence and intimidation accompanied these optimistic expressions of a new age, as the Ku Klux Klan and other secret organizations sought to suppress the emergence into society of the new Negro citizens. Major riots occurred in Memphis, Tennessee, where 46 Negroes were reported killed and 75 wounded, and in the Louisiana centers of Colfax and Coushatta, where more than 100 Negro and white Republicans were massacred.

Nevertheless, reconstruction reached a legislative climax in 1875 with passage of the first Civil Rights law. Negroes now had the right to equal accommodations, facilities, and advantages of public transportation, inns, theaters, and places of public amusement, but the law had no effective enforcement provisions and was, in fact, poorly enforced. Although bills to provide federal aid to education for Negroes were prepared, none passed, and educational opportunities remained meager.

But Negroes were elected to every Southern legislature, 20 served in the U.S. House of Representatives, two represented Mississippi in the U.S. Senate, and a prominent Negro politician was Governor of Louisiana for 40 days.

Opposition to Negroes in state and local government was always open and bitter. In the press and on the platform they were described as ignorant and depraved. Critics made no distinction between Negroes who had graduated from Dartmouth and those who had graduated from the cotton fields. Every available means Was employed to drive Negroes from public life. Negroes who voted or held office were refused jobs or punished by the Ku Klux Klan. One group in Mississippi boasted of having killed 116 Negroes and of having thrown their bodies into the Tallahatchie River. In a single South Carolina county, six men were murdered and more than 300 whipped during the first six months of 1870.

The federal government seemed helpless. Having withdrawn the occupation troops as soon as the Southern states organized governments, the President was reluctant to send them back. In 1870 and 1871, after the 15th Amendment was ratified, Congress enacted several laws to protect the right of citizens to vote. They were seldom enforced, and the Supreme Court struck down most of the important provisions in 1875 and 1876.

THE END OF RECONSTRUCTION

As Southern white governments returned to power, beginning with Virginia in 1869 and ending with Louisiana in 1877, the program of relegating the Negro to a subordinate place in American life was accelerated. Disenfranchisement was the first step. Negroes who defied the Klan and tried to vote faced an array of deceptions and obstacles -- polling places were changed at the last minute without notice to Negroes, severe time limitations were imposed on marking complicated ballots, votes cast incorrectly in a maze of ballot boxes were nullified. The suffrage provisions of state constitutions were rewritten to disenfranchise Negroes who could not read, understand, or interpret the Constitution. Some state constitutions permitted those who failed the tests to vote if their ancestors had been eligible to vote on January 1, 1860, when no Negro could vote anywhere in the South.

In 1896, Negroes registered in Louisiana totalled 130,344. In 1900, after the state rewrote the suffrage provisions of its constitution, Negroes on the registration books numbered only 5,320. Essentially the same thing happened in the other states of the former Confederacy.

SEGREGATION BY LAW

When the Supreme Court, in 1883, declared the Civil Rights Act of 1875 unconstitutional, Southern states began to enact laws to segregate the races. In 1896, the Supreme Court in Plessy v. Ferguson approved "separate but equal" facilities; it was then that segregation became an established fact, by law and by custom. Negroes and whites were separated on public carriers and in all places of public accommodation, including hospitals and churches. In courthouses, whites and Negroes took oaths on separate Bibles. In most communities, whites were separated from Negroes in cemeteries.

Segregation invariably meant discrimination. On trains all Negroes, including those holding first-class tickets, were allotted a few seats in the baggage car. Negroes in public buildings had to use freight elevators and toilet facilities reserved for janitors. Schools for Negro children were at best a weak imitation of those for whites, as states spent 10 times more to educate white youngsters than Negroes. Discrimination in wages became the rule, whether between Negro and white teachers of similar training and experience or between common laborers on the same job.

Some Northern states enacted civil rights laws in the 1880's, but Negroes in fact were treated little differently in the North than in the South. As Negroes moved north in substantial numbers toward the end of the century, they discovered that equality of treatment was only a dream in Massachusetts, New York, or Illinois. They were crowded by local ordinances into one section of the city where housing and public services were generally sub-standard. Overt discrimination in employment was a general practice. Employment opportunities apart from menial tasks were few. Most labor unions excluded Negroes from membership -- or granted membership in separate and powerless Jim Crow locals. Yet when Negroes secured employment during strikes, labor leaders castigated them for not understanding the principles of trade unionism. And when Negroes sought to move into the mainstream of community life by seeking membership in the organizations around them -- educational, cultural, and religious -- they were invariably rebuffed.

That northern whites would resort to violence was made clear in anti-Negro riots in New York, 1900; Springfield, Ohio, 1904; Greensburg, Indiana, 1906; Springfield, Illinois, 1908.

The latter was a three-day riot, initiated by a white woman's claim of violation by a Negro, inflamed by newspapers, intensified by crowds of whites gathered around the jail demanding that the Negro, arrested and imprisoned, be lynched. When the sheriff transferred the accused and another Negro to a jail in a nearby town, rioters headed for the Negro section and attacked homes and businesses owned by or catering to Negroes. White owners who showed handkerchiefs in their windows averted harm to their stores. One Negro was summarily lynched, others were dragged from houses and streetcars and beaten. By the time National Guardsmen could reach the scene, six persons were dead -- four whites and two Negroes; property damage was extensive. Many Negroes left Springfield, hoping to find better conditions elsewhere, especially in Chicago.

By the 20th century, the Negro was at the bottom of American society. Disfranchised, Negroes throughout the country were excluded by employers and labor unions from white collar jobs and skilled trades. Jim Crow laws and farm tenancy characterized Negro existence in the South. About 100 lynchings occurred every year in the 1880's and 1890's; there were 161 lynchings in 1892. As increasing numbers of Negroes migrated to Northern cities, race riots became commonplace. Northern whites, even many former abolitionists, began to accept the white South's views on race relations.

BOOKER T. WASHINGTON

Between his famous Atlanta Exposition Address in 1895 and his death in 1915, Booker T. Washington, principal of the Tuskegee Normal and Industrial Institute in Alabama and the most prominent Negro in America. secretly spent thousands of dollars fighting disfranchisement and segregation laws; publicly he advocated a policy of accommodation, conciliation, and gradualism. Largely blaming Negroes themselves for their condition, Washington believed that by helping themselves, by creating and supporting their own businesses, by proving their usefulness to society through the acquisition of education, wealth, and morality, Negroes would earn the respect of the white man and thus eventually gain their constitutional rights.

Self-help and self-respect appeared a practical and sure, if gradual, way of ultimately achieving racial equality. Washington's doctrines also gained support because they appealed to race pride -- if Negroes believed in themselves, stood together, and supported each other, they would be able to shape their destinies.

THE NIAGARA MOVEMENT

In the early years of the century, a small group of Negroes, led by W.E.B. Du Bois, formed the Niagara Movement to oppose Washington's program, which they claimed had failed. Washington had put economic progress before politics, had accepted the separate-but-equal theory, and opposed agitation and protest. Du Bois and his followers stressed political activity as the basis of the Negro's future, insisted on the inequity of Jim Crow laws, and advocated agitation and protest.

In sharp language, the Niagara group placed responsibility for the race problem squarely on the whites. The aims of the movement were voting rights and "the abolition of an caste distinctions based simply on race and color."

Although Booker T. Washington tried to crush his critics, Du Bois and the Negro "radicals," as they were called, enlisted the support of a small group of influential white liberals and socialists. Together, in 1909-1910, they formed the National Association for the Advancement of Colored People.

THE NAACP

The NAACP hammered at the walls of prejudice by organizing Negroes and well-disposed whites, by aiming propaganda at the whole nation, by taking legal action in courts and legislatures. Almost at the outset of its career, the NAACP prevailed upon the Supreme Court to declare unconstitutional two discriminatory statutes. In 1915, the Court overruled the Oklahoma "grandfather clause," a provision in several Southern state constitutions that excluded from the vote those whose ancestors were ineligible to vote in 1860. Two years later, the Supreme Court outlawed municipal residential segregation ordinances. These NAACP victories were the first legal steps in a long fight against disfranchisement and segregation.

THE FEDERAL GOVERNMENT

During the first quarter of the 20th century, the federal government enacted no new legislation to ensure equal rights or opportunities for Negroes and made little attempt to enforce existing laws despite flagrant violations of Negro civil rights.

In 1913, members of Congress from the South introduced bills to federalize the Southern segregation policy. They wished to ban interracial marriages in the District of Columbia, segregate white and Negro federal employees, and introduce Jim Crow laws in the public carriers of the District. The bills did not pass, but segregation practices were extended in federal offices, shops, restrooms, and lunchrooms. The nation's capital became as segregated as any in the former Confederate states.

EAST ST. LOUIS, 1917

Elsewhere there was violence. In East St. Louis, Illinois, a riot in July 1917 claimed the lives of 39 Negroes and nine whites, as a result of fear by white working men that Negro advances in economic, political and social status were threatening their own security and status.

When the labor force of an aluminum plant went on strike, the company hued Negro workers. A labor union delegation called on the mayor and asked that further migration of Negroes to East St. Louis be stopped. As the men were leaving City Hall, they heard that a Negro had accidentally shot a white man during a holdup. In a few minutes rumor had replaced fact: the shooting was intentional -- a white woman had been insulted -- two white girls were shot. By this time 3,000 people had congregated and were crying for vengeance. Mobs roamed the streets, beating Negroes. Policemen did little more than take the injured to hospitals and disarm Negroes.

The National Guard restored order. When the governor withdrew the troops, tensions were still high, and scattered episodes broke the peace. The press continued to emphasize the incidence of Negro crimes, white pickets and Negro workers at the aluminum company skirmished and, on July 1, some whites drove through the main Negro neighborhood firing into homes. Negro residents armed themselves. When a police car drove down the street Negroes riddled it with gunshot.

The next day a Negro was shot on the main street and a new riot was underway. The authority on the event records that the area became a "bloody half mile" for three or four hours; streetcars were stopped, and Negroes, without regard to age or sex, were pulled off and stoned, clubbed and kicked, and mob leaders calmly shot and killed Negroes who were lying in blood in the street. As the victims were placed in an ambulance, the crowds cheered and applauded.

Other rioters set fire to Negro homes, and by midnight the Negro section was in flames and Negroes were fleeing the city. There were 48 dead, hundreds injured, and more than 300 buildings destroyed.

WORLD WAR I

When the United States entered World War I in 1917, the country again faced the question whether American citizens should have the right to serve, on an equal basis, in defense of their country. More than two million Negroes registered under the Selective Service Act, and some 360,000 were called into service.

The Navy rejected Negroes except as menials. The Marine Corps rejected them altogether. The Army formed them into separate units commanded, for the most part, by white officers. Only after enormous pressure did the Army permit Negro candidates to train as officers in a segregated camp. Mistreated at home and overseas, Negro combat units performed exceptionally well under French commanders, who refused to heed American warnings that Negroes were inferior people.

Mobbed for attempting to use facilities open to white soldiers, Negro soldiers returning home suffered indignities. Of the 70 Negroes lynched during the first year after the war, a substantial number were soldiers. Some were lynched in uniform.

POSTWAR VIOLENCE

Reorganized in 1915, the Ku Klux Klan was flourishing again by 1919. Its program "for uniting native-born white Christians for concerted action in the preservation of American institutions and the supremacy of the white race," was implemented by flogging, branding with acid, tarring and feathering, hanging and burning. It destroyed the elemental rights of many Negroes, and of some whites.

Violence took the form of lynchings and riots, and major riots by whites against Negroes took place in 1917 in Chester, Pennsylvania, and Philadelphia; in 1919 in Washington, D.C., Omaha, Charleston, Longview, Texas, Chicago, and Knoxville; in 1921 in Tulsa.

The Chicago riot of 1919 flared from the increase in Negro population, which had more than doubled in 10 years. Jobs were plentiful, but housing was not. Black neighborhoods expanded into white sections of the city, and trouble developed. Between July 1917 and March 1921, 58 Negro houses were bombed, and recreational areas were sites of racial conflict.

The riot itself started on Sunday, July 27, with stone throwing and sporadic fighting at adjoining white and Negro beaches. A Negro boy swimming off the Negro beach drifted into water reserved for whites and drowned. Young Negroes claimed he had been struck by stones and demanded the arrest of a white man. Instead, police arrested a Negro. When Negroes attacked policemen, a riot was in the making. News spread to the city, white and Negro groups clashed in the streets, two persons died, and 50 were wounded. On Monday, Negroes coming home from work were attacked; later, when whites drove cars through Negro neighborhoods and fired weapons, Negroes retaliated. Twenty more were killed and hundreds wounded. On Tuesday, a handful more were dead, 129 injured. On Wednesday, losses in life and property declined further. Rain began to fall; the mayor finally called in the state militia. After nearly a week of violence, the city quieted down.

THE 1920's AND THE NEW MILITANCY

In. the period between the two World Wars, the NAACP dominated the strategy of racial advancement. The NAACP drew Its strength from large numbers of Southern Negroes who had migrated to Northern cities; from a small but growing Negro group of professionals and businessmen who served them; from an upsurge of confidence among the "New Negro," race-proud and self-reliant, believing in racial cooperation and self-help and determined to fight for his constitutional rights; from writers and artists known as the "Harlem Renaissance" who used their own cultural tradition and experience as materials for their works. W.E.B. Du Bois, editor of the Crisis, the NAACP publication, symbolized the new mood and exerted great influence.

The NAACP did extraordinary service, giving legal defense to victims of race riots and unjust judicial proceedings. It obtained the release of the soldiers who had received life sentences on charges of rioting against intolerable conditions at Houston in 1917. It successfully defended Negro sharecroppers in Elaine, Arkansas, who in 1919 had banded together to gain fairer treatment, who had become the objects of a massive armed hunt by whites to put them "in their place," and who were charged with insurrection when they resisted. It secured the acquittal, with the help of Clarence Darrow, of Dr. Ossian Sweet and his family who had moved into a white neighborhood in Detroit, shot at a mob attacking their home, killed a man, and were eventually judged to have committed the act in self-defense.

The NAACP tried vainly to promote passage of an anti-lynching bill, but its most important activity was its campaign to secure enforcement of the 14th and 15th Amendments. It conducted sustained litigation against disfranchisement and segregation, and embarked upon a long fight against the white primaries in the Southern states. The NAACP attacked one aspect of discrimination at a time, hacking away at the structure of discrimination. Local branches in Northern and border cities won a number of important victories, but full recognition of the Negroes' constitutional rights was still a future prospect.

Less successful were attempts to prevent school segregation in Northern cities, which followed the migration of large numbers of rural black folk from the South. Gerrymandering of school boundaries and other devices by boards of education were fought with written petitions, verbal protests to school officials, legal suits and, in several cities, school boycotts. AU proved of no avail.

The thrust of the NAACP was primarily political and legal, but the National Urban League, founded in 1911 by philanthropists and social workers, sought an economic solution to the Negroes' problems. Sympathetic with Booker T. Washington's point of view, believing in conciliation, gradualism, and moral suasion, the Urban League searched out industrial opportunities for Negro migrants to the cities, using arguments that appealed to the white businessman's sense of economic self-interest and also to his conscience.

Also espousing an economic program to ameliorate the Negroes' condition was A. Philip Randolph, an editor of the Messenger. He regarded the NAACP as a middle-class organization unconcerned about pressing economic problems. Taking a Marxist position on the causes of prejudice and discrimination, Randolph called for a new and radical Negro unafraid to demand his rights as a member of the working class. He advocated physical resistance to white mobs, but he believed that only united action of black and white workers against capitalists would achieve social justice.

Although Randolph addressed himself to the urban working masses, few of them ever read the Messenger. The one man who reached the masses of frustrated and disillusioned migrants in the Northern ghettos was Marcus Garvey.

SEPARATISM

Garvey, founder in 1914 of the Universal Negro Improvement Association (UNIA), aimed to liberate both Africans and American Negroes from their oppressors. His utopian method was the wholesale migration of American Negroes to Africa. Contending that whites would always be racist, he stressed racial pride and history, denounced integration, and insisted that the black man develop "a distinct racial type of civilization of his own and ... work out his salvation in his motherland." On a more practical level he urged support of Negro businesses, and through the UNIA organized a chain of groceries, restaurants, laundries, a hotel, printing plant, and steamship line. When several prominent Negroes called the attention of the United States Government to irregularities in the management of the steamship line, Garvey was jailed, then deported for having used the mails to defraud.

But Garvey dramatized, as no one before, the bitterness and alienation of the Negro slum dwellers who, having come North with great expectations, found only overcrowded and deteriorated housing, mass unemployment, and race riots.
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Report of the National Advisory (Kerner Report 1967)

Postby admin » Mon May 02, 2016 11:11 am

Part 2 of 2

THE DEPRESSION

Negro labor, relatively unorganized and the target of discrimination and hostility, was hardly prepared for the depression. of the 1930's.To a disproportionate extent, Negroes lost their Jobs in cities and worked for starvation wages in rural areas. Although organizations like the National Urban League tried to improve employment opportunities, 65 percent of Negro employables were in need of public assistance by 1935.

Public assistance was given on a discriminatory basis, especially in the South. For a time Dallas and Houston gave no relief at all to Negro families. In general, Negroes had more difficulty than whites in obtaining assistance, and the relief benefits were smaller. Some religious and charitable organizations excluded Negroes from their soup kitchens.

THE NEW DEAL

The New Deal marked a turning point in American race relations. Negroes found much in the New Deal to complain about: discrimination existed in many agencies; federal housing programs expanded urban ghettos; money from the Agricultural Adjustment Administration went in the South chiefly to white landowners, while crop restrictions forced many Negro sharecroppers off the land. Nevertheless, Negroes shared in relief, jobs, and public housing, and Negro leaders, who felt the open sympathy of many highly placed New Dealers, held more prominent political positions than at any time since President Taft's administration. The creation of the Congress of Industrial Organizations (CIO), with its avowed philosophy of non-discrimination, made the notion of an alliance of black and white workers something more than a visionary's dream.

The depression, the New Deal, and the CIO reoriented Negro protest to concern with economic problems. Negroes conducted "Don't Buy Where You Can't Work" campaigns in a number of cities, boycotted and picketed commercial establishments owned by whites, and sought equality in American society through an alliance with white labor.

The NAACP came under attack from Negroes. Du Bois resigned as editor of the Crisis in 1934 because, believing in the value of collective racial economic endeavor, he saw little point in protesting disfranchisement and segregation without pursuing economic goals. Younger critics also disagreed with NAACP's gradualism on economic issues.

Undeterred, the NAACP broadened the scope of its legal work, fought a vigorous though unsuccessful campaign to abolish the poll tax, and finally won its attack on the white primaries in 1944 through the Supreme Court. But the heart of its litigation was a long-range campaign against segregation and the most obvious inequities in the Southern school systems: the lack of professional and graduate schools and the low salaries received by Negro teachers. Not until about 1950 would the NAACP make a direct assault against school segregation on the legal ground that separate facilities were inherently unequal.

WORLD WAR II

During World War II, Negroes learned again that fighting for their country brought them no nearer to full citizenship. Rejected when they tried to enlist, they were accepted into the Army according to the proportion of the Negro population to that of the country as a whole -- but only in separate units -- and those mostly noncombat. The United States thus fought racism in Europe with a segregated fighting force. In some instances at home, Negro soldiers were unable to secure food, even though German prisoners of war were being served. The Red Cross, with the government's approval, separated Negro and white blood in banks established for wounded servicemen -- even though the blood banks were largely the work of a Negro physician, Charles Drew.

Not until 1949 would the Armed Forces begin to adopt a firm policy against segregation.

Negroes seeking employment in defense industries were embittered by policies like that of a West Coast aviation factory which declared openly that "the Negro will be considered only as janitors and in other similar capacities.... Regardless of their training as aircraft workers, we will not employ them."

Two new movements marked Negro protest: the March on Washington, and the Congress of Racial Equality (CORE). In 1941, consciously drawing on the power of the Negro vote and concerned with the economic problems of the urban slum-dweller, A. Philip Randolph threatened a mass Negro convergence on Washington unless President Roosevelt secured employment for Negroes in the defense industries. The President's Executive Order 8802 establishing a federal Fair Ernployment Practices Commission forestalled the demonstration. Even without enforcement powers, the FEPC set a precedent for treating fair employment practice as a civil right.

CORE, founded in 1942-43, grew out of the Fellowship of Reconciliation, a pacifist organization, when certain leaders became interested in the use of nonviolent direct action to fight racial discrimination. CORE combined Gandhi's techniques with the sit-in, derived from the sit-down strikes of the 1930's. Until about 1959, CORE's main activity was attacking discrimination in places of public accommodation in the cities of the Northern and Border states, and as late as 1961, two-thirds of its membership and most of its national officers were white.

Meanwhile, racial disorders had broken out sporadically -- in Mobile, Los Angeles, Beaumont, Texas, and elsewhere. The riot in Detroit in 1943 was the most destructive. The Negro population in the city had risen sharply and more than 50,000 recent arrivals put immense pressures on the housing market. Neighborhood turnover at the edge of the ghetto bred bitterness and sometimes violence, and recreational areas became centers of racial abrasion. The federal regulations requiring employment standards in defense industries also angered whites, and several unauthorized walk-outs had occurred in automobile plants after Negro workers were upgraded. Activities in the city of several leading spokesmen for white supremacy -- Gerald L. K. Smith, Frank J. Norris, and Father Charles Coughlin -- inflamed many white southerners who migrated to Detroit during the war.

On Sunday, June 20, rioting broke out on Belle Isle, a recreational spot used by both races, but predominantly by Negroes. Fist fights escalated into a major conflict. The first wave of looting and bloodshed began in the Negro ghetto "Paradise Valley" and later spread to other sections of the city. Whites began attacking Negroes as they emerged from the city's all-night movie theatres in the downtown area. White forays into Negro residential areas by car were met by sniping. By the time federal troops arrived to halt the racial conflict, 25 Negroes and nine whites were dead, property damage exceeded $2 million, and a legacy of fear and hate became part of the city.

In Harlem, New York, a riot erupted also in 1943, following the attempt of a white policeman to arrest a Negro woman defended by a Negro soldier. Negro rioters assaulted white passersby, overturned parked automobiles, tossed bricks and bottles at policemen, but the major emphasis was on destroying property, looting and burning stores. Six persons died, over 500 were injured, more than 100 were jailed.

THE POSTWAR PERIOD

White opinion in some quarters of America had begun to shift to a more sympathetic regard for Negroes during the New Deal, and the war had accelerated that movement. Thoughtful whites had been painfully aware of the contradiction in opposing Nazi racial philosophy with racially segregated military units. In the postwar years, American racial attitudes became more liberal as new nonwhite nations emerged in Asia and Africa and took increasing responsibilities in international councils.

Against this background, the growing size of the Northern Negro vote made civil rights a major issue in national elections and, ultimately, in 1957, led to the federal Civil Rights Commission, which had the power to investigate discriminatory conditions throughout the country and to recommend corrective measures to the President. Northern and Western states outlawed discrimination in employment, housing, and public accommodations, while the NAACP, in successive court victories, ended racially restrictive covenants in housing, segregation in interstate transportation, and discrimination in publicly- owned recreational facilities. The NAACP helped register voters, and in 1954, Brown v. Board of Education became the triumphant climax to the NAACP's campaign against educational segregation in the public schools of the South.

CORE, demonstrating in the Border States, its major focus on public accommodations, began experimenting with direct-action techniques to open employment opportunities. In 1947, in conjunction with the Fellowship of Reconciliation, CORE conducted a "Journey of Reconciliation" -- what would later be called a "Freedom Ride" -- in the states of the Upper South to test compliance with the Supreme Court decision outlawing segregation on interstate buses. The resistance met by riders in some areas, the sentencing of two to 30 days on a North Carolina road gang, dramatized the gap between American democratic theory and practice.

But what captured the imagination of the nation and of the Negro community in particular, and what was chiefly responsible for the growing use of direct-action techniques, was the Montgomery, Alabama, bus boycott of 1955-1956, which catapulted into national prominence the Reverend Martin Luther King, Jr. Like the founders of CORE, King held to a Gandhian belief in the principles of pacifism.

Even before a court decision obtained by NAACP attorneys in November 1956 desegregated the Montgomery buses, a similar movement had started in Tallahassee, Florida. Afterward another one developed in Birmingham, Alabama. In 1957, the Tuskegee Negroes undertook a three-year boycott of local merchants after the state legislature gerrymandered nearly all of the Negro voters outside of the town's boundaries. In response to a lawsuit filed by the NAACP, the Supreme Court ruled the Tuskegee gerrymander illegal.

These events were widely heralded. A "new negro" had emerged m the South -- militant, no longer fearful of white hoodlums or mobs, and ready to use his collective weight to achieve his ends. In this mood, King established the Southern Christian Leadership Conference in 1957 to coordinate direct- action activities in Southern cities.

Negro protest had now moved in a vigorous fashion into the South, and like similar activities in the North, it was concentrated in the urban ghettos.

THE PERSISTENCE OF DISCRIMINATION

Nonviolent direct action attained popularity not only because of the effectiveness of King's leadership but because the older techniques of legal and legislative action had had limited success. Impressive as the advances in the 15 years after World War II were, in spite of state laws and Supreme Court decisions, something was still clearly wrong. Negroes were disfranchised in most of the South, though in the 12 years following the outlawing of the white primary in 1944, the number of Negroes registered in Southern states had risen from about 250,000 to nearly a million and a quarter. Supreme Court decisions desegregating transportation facilities were still being largely ignored in the South. Discrimination in employment and housing continued, not only in the South but also in Northern states with model civil rights laws. The Negro unemployment rate steadily moved upward after 1954. The South reacted to the Supreme Court's decision on school desegregation by outlawing the NAACP, intimidating civil rights leaders, bringing "massive resistance" to the Court's decision, curtailing Negro voter registration, and forming White Citizens' Councils.

REVOLUTION OF RISING EXPECTATIONS

At the same time, Negro attitudes were changing. Negroes were gaining a new sense of self-respect and a new self-image as a result of the civil rights movement and their own advancement. King and others were demonstrating that nonviolent direct action could succeed in the South. New laws and court decisions and increasing support of white public opinion gave American Negroes a new confidence in the future. There occurred what has been described as a "revolution in expectations."

Negroes no longer felt that they had to accept the humiliations of second-class citizenship, which consequently appeared more intolerable than ever. Ironically, it was the very successes in the legislatures and the courts that, more perhaps than any other single factor, led to intensified Negro expectations and resulting dissatisfaction with the limitations of legal and legislative programs. Increasing Negro impatience accounted for the rising tempo of nonviolent direct action in the late 1950's, culminating in the student sit-ins of 1960 and the inauguration of what is popularly known as the "Civil Rights Revolution" or the "Negro Revolt."

Many believe that the Montgomery boycott ushered in this Negro Revolt, and its importance, by projecting the image of King and his techniques, is great. But the decisive break with traditional techniques came with the college student sit-ins that swept the South in the winter and spring of 1960. In dozens of communities in the Upper South, the Atlantic coastal states, and Texas, student demonstrations secured the desegregation of lunch counters in drug and variety stores. Arrests were numbered in the thousands, and brutality was evident in scores of communities. In the Deep South the campaign ended in failure, even in instances where hundreds had been arrested, as in Montgomery; Orangeburg, South Carolina; and Baton Rouge. But the youth had captured the imagination of the Negro community and to a remarkable extent of the whole nation.

STUDENT INVOLVEMENT

The Negro protest movement would never be the same again. The Southern college students shook the power structure of the Negro community, made direct action temporarily pre-eminent as a civil rights tactic, speeded up the process of social change in race relations, and ultimately turned the Negro protest organizations toward a deep concern with the economic and social problems of the masses.

Involved in this was a gradual shift in both tactics and goals: from legal to direct action, from middle and upper class to mass action, from attempts to guarantee the Negro's constitutional rights to efforts to secure economic policies giving him equality of opportunity in a changing society, from appeals to the sense of fair play of white Americans to demands based upon power in the black ghetto.

The successes of the student movement threatened existing Negro leadership and precipitated a spirited rivalry among civil rights organizations. The NAACP and SCLC associated themselves with the student movement. The organizing meeting of the Student Nonviolent Coordinating Committee (SNCC) at Raleigh, North Carolina, in April 1960 was called by Martin Luther King, but within a year the youth considered King too cautious and broke with him.

The NAACP now decided to make direct action a major part of Its strategy and organized and reactivated college and youth chapters in the Southern and Border states.

CORE, still unknown to the general public installed James Farmer as national director in January 1961, and that spring joined the front rank of civil rights organizations with the famous Freedom Ride to Alabama and Mississippi that dramatized the persistence of segregated public transportation. A bus-burning resulted in Alabama, and hundreds of demonstrators spent a month or more in Mississippi prisons. Finally, a new order from the Interstate Commerce Commission desegregating all interstate transportation facilities received partial compliance.

ORGANIZATIONAL RIVALRIES

Disagreement over strategy and tactics inevitably became intertwined with personal and organizational rivalries. Each civil rights group felt the need for proper credit in order to obtain the prestige and financial contributions necessary to maintain and expand its own programs. The local and national, individual and organizational clashes only stimulated competition and activity that further accelerated the pace of social change.

Yet there were differences in style. CORE was the most interracial. SCLC appeared to be the most deliberate. SNCC staff workers lived on subsistence allowances and seemed to regard going to jail as a way of life. The NAACP continued the most varied programs, retaining a strong emphasis on court litigation, maintaining a highly effective lobby at the national capital, and engaging in direct-action campaigns. The National Urban League, under the leadership of Whitney M. Young, Jr., appointed executive director in 1961, became more outspoken and talked more firmly to businessmen who had previously been treated with utmost tact and caution.

THE ROLE OF WHITES

The role of whites in the protest movement gradually changed. Instead of occupying positions of leadership, they found themselves relegated to the role of followers. Whites were likely to be suspect in the activist organizations. Negroes had come to feel less dependent on whites, more confident of their own power, and they demanded that their leaders be black. The NAACP had long since acquired Negro leadership but continued to welcome white liberal support. SCLC and SNCC were from the start Negro-led and Negro-dominated. CORE became predominantly Negro as it expanded in 1962 and 1963; today all executives are Negro, and a constitutional amendment adopted in 1965 officially limited white leadership in the chapters.

THE BLACK MUSLIMS

A major factor intensifying the civil rights movement was widespread Negro unemployment and poverty; an important force in awakening Negro protest was the meteoric rise to national prominence of the Black Muslims, established around 1930. The organization reached the peak of its influence when more progress toward equal rights was being made than ever before in American history while at the same time economic opportunity for the poorest groups in the urban ghettos was stagnating.

Increasing unemployment among Negroes, combined with the revolution in expectations, created a climate in which the Black Muslims thrived. They preached a vision of the doom of the white "devils" and the coming dominance of the black man, promised a utopian paradise of a separate territory within the United States for a Negro state, and offered a practical program of building Negro business through hard work, thrift, and racial unity. To those willing to submit to the rigid discipline of the movement, the Black Muslims organization gave a sense of purpose and dignity.

"FREEDOM NOW!"

As the direct-action tactics took more dramatic form, as the civil rights groups began to articulate the needs of the masses and draw some of them to their demonstrations, the protest movement in 1963 assumed a new note of urgency, a demand for complete "Freedom Now!" Direct action returned to the Northern cities, taking the form of massive protests against economic, housing and educational inequities, and a fresh wave of demonstrations swept the South from Cambridge, Maryland, to Birmingham, Alabama. Northern Negroes launched street demonstrations against discrimination in the building trade unions and, the following winter, school boycotts against de facto segregation.

In the North, 1963 and 1964 brought the beginning of the waves of civil disorders in Northern urban centers. In the South, incidents occurred of brutal white resistance to the civil rights movement, beginning with the murder of Mississippi Negro leader Medgar Evers and four Negro schoolgirls m a church m Birmingham. These disorders and the events in the South are detailed in the Introduction to Chapter 1 the Profiles of Disorder.

The massive anti-Negro actions in Birmingham and numerous other Southern cities during the spring of 1963, compelled the nation to face the problem of race prejudice in the South. President Kennedy affirmed that racial discrimination was a moral issue and asked Congress for a major civil rights bill. But a major impetus for what was to be the Civil Rights Act of 1964 was the March on Washington in August 1963.

Early in the year, A. Philip Randolph issued a call for a March on Washington to dramatize the need for jobs and to press for a federal commitment to job action. At about the same time, Protestant, Jewish, and Catholic churches sought and obtained representation on the March committee. Although the AFL-CIO national council refused to endorse the March, a number of labor leaders and international unions participated.

Reversing an earlier stand, President Kennedy approved the March. A quarter of a million people, about 20 percent of them white, participated. It was more than a summation of the past years of struggle and aspiration. It symbolized certain new directions: a deeper concern for the economic problems of the masses; more involvement of white moderates; and new demands from the most militant, who implied that only a revolutionary change in American institutions would permit Negroes to achieve the dignity of citizens.

President Kennedy had set the stage for the Civil Rights Act of 1964. After his death President Johnson took forceful and effective action to secure its enactment. The law settled the public accommodations issue in the South's major cities. Its voting section, however, promised more than it could accomplish. Martin Luther King and SCLC dramatized the issue locally with demonstrations at Selma, Alabama, in the spring of 1965. Again the national government was forced to intervene, and a new and more effective voting law was passed.

FAILURES OF DIRECT ACTION

Birmingham had made direct action respectable, but Selma, which drew thousands of white moderates from the North, made direct action fashionable. Yet as early as 1964, it was becoming evident that, like legal action, direct action was an instrument of limited usefulness. This was the result of two converging developments.

In deep South states like Mississippi and Alabama, direct action had failed to desegregate public accommodations in the sit-ins of 1960-1961. A major reason was that Negroes lacked the leverage of the vote. The demonstrations of the early 1960's had been successful principally in places like Atlanta, Nashville, Durham, Winston-Salem, Louisville, Savannah, New Orleans, Charleston, and Dallas -- where Negroes voted and could swing elections. Beginning in 1961 Robert Moses of SNCC, with the cooperation of CORE and NAACP, established voter registration projects in the cities and county . seats of Mississippi. He succeeded in registering only a handful of Negroes, but by 1964, he had generated enough support throughout the country to enable the Mississippi Freedom Democratic Party, which he had created, to challenge dramatically the seating of the official white delegates from the state at the Democratic National Convention.

In the black ghettos of the North direct action also largely failed. Street demonstrations did compel employers, from supermarkets to banks, to add many Negroes to their work force in Northern and Western cities, in some Southern cities, and even in some Southern towns where the Negroes had considerable buying power. However, separate and inferior schools, slum housing, and police hostility proved invulnerable to direct attack.

NEW DIRECTIONS

But while Negroes were being hired in increasing numbers, mass unemployment and underemployment remained. As economist Vivian Henderson pointed out in his testimony before the Commission:

No one can deny that all Negroes have benefited from civil rights laws and desegregation in public life in one way or another. The fact is, however, that the masses of Negroes have not experienced tangible benefits in a significant way. This is so in education and housing. It is critically so in the area of jobs and economic security. Expectations of Negro masses for equal job opportunity programs have fallen far short of fulfillment.

Negroes have made gains. . . . There have been important gains. But ... the masses of Negroes have been virtually un• touched by those gains.


Faced with the intransigence of the deep South and the inadequacy of direct action to solve the problems of the slum dwellers, Negro protest organizations began to diverge. The momentum toward unity, apparent in 1963, was lost. At the very time that white support for the protest movement was rising markedly, militant Negroes felt increasingly isolated from the American scene. On two things, however, all segments of the protest movement agreed: (1) future civil rights activity would have to focus on the economic and social discrimination in the urban ghettos and (2) while demonstrations would still have a place, the major weapon would have to be the political potential of the black masses.

By the middle of the decade, many militant Negro members of SNCC and CORE began to turn away from American society and the "middle-class way of life." Cynical about the liberals and the leaders of organized labor, they regarded compromise, even as a temporary tactical device, as anathema. They talked more of "revolutionary" changes in the social structure, of retaliatory violence, and increasingly rejected white assistance. They insisted that Negro power alone could compel the white "ruling class" to make concessions. Yet they also spoke of an alliance of Negroes and unorganized lowerc-lass whites to overthrow the "power structure" of capitalists, politicians and bureaucratic labor leaders who exploited the poor of both races by dividing them through an appeal to race prejudice.

At the same time that their activities declined, other issues, particularly Vietnam, diverted the attention of the country, including some Negro leaders, from the issue of equality. Reduced financing made it increasingly difficult to support staff personnel, even on a subsistence basis. Most important was the increasing frustration of expectations that affected the direct-action advocates of the early 1960's -- the sense of futility growing out of the feeling that progress had turned out to be "tokenism," that the compromises of the white community were sedatives rather than solutions and that the current methods of Negro protest were doing little for the masses of the race.

As frustration grew, the ideology and rhetoric of a number of civil rights activists became angrier. One man more than any other -- a black man who grew up believing whites had murdered his father -- became the spokesman for this anger: Malcolm X, who perhaps best embodied the belief that racism was so deeply ingrained in white America that appeals to conscience would bring no fundamental change.

"BLACK POWER"

In this setting the rhetoric of "Black Power" developed. The precipitating occasion was the Meredith March from Memphis to Jackson in June 1966, but the slogan expressed tendencies that had been present for a long time and had been gaining strength in the Negro community.

Black Power first articulated a mood rather than a program -- disillusionment and alienation from white America and independence, race pride, and self-respect, or "black consciousness." Having become a household phrase, the term generated intense discussion of its real meaning, and a broad spectrum of ideologies and programmatic proposals emerged.

In politics, Black Power meant independent action -- Negro control of the political power of the black ghettos and its conscious use to better slum dwellers' conditions. It could take the form of organizing a black political party or controlling the political machinery within the ghetto without the guidance or support of white politicians. Where predominantly Negro areas lacked Negroes in elective office, whether in the rural Black Belt of the South or in the urban centers, Black Power advocates sought the election of Negroes by voter registration campaigns, by getting out the vote, and by working for redrawing electoral districts. The basic belief was that only a well-organized and cohesive bloc of Negro voters could provide for the needs of the black masses. Even some Negro politicians allied to the major political parties adopted the term "Black Power" to describe their interest in the Negro vote.

In economic terms, Black Power meant creating independent, self-sufficient Negro business enterprise, not only by encouraging Negro entrepreneurs but also by forming Negro cooperatives in the ghettos and in the predominantly black rural counties of the South. In the area of education, Black Power called for local community control of the public schools in the black ghettos.

Throughout, the emphasis was on self-help, racial unity, and, among the most militant, retaliatory violence, the latter ranging from the legal right of self-defense to attempts to justify looting and arson in ghetto riots, guerrilla warfare and armed rebellion.

Phrases like "Black Power," "Black Consciousness," and "Black is Beautiful," enjoyed an extensive currency in the Negro community, even within the NAACP and among relatively conservative politicians, but particularly among young intellectuals and Afro-American student groups on predominantly white college campuses. Expressed in its most extreme form by small, often local, fringe groups, the Black Power ideology became associated with SNCC and CORE.

Generally regarded as the most militant among the important Negro protest organizations, they have different interpretations of the Black Power doctrine. SNCC calls for totally independent political action outside the established political parties, as with the Black Panther Party in Lowndes County, Alabama; questions the value of political alliances with other groups until Negroes have themselves built a substantial base of independent political power; applauds the idea of guerrilla warfare; and regards riots as rebellions.

CORE has been more flexible. Approving the SNCC strategy, it also advocates working within the Democratic Party; forming alliances with other groups and, while seeking to justify riots as the natural explosion of an oppressed people against intolerable conditions, advocates violence only in self-defense. Both groups favor cooperatives, but CORE has seemed more inclined toward job-training programs and developing a Negro entrepreneurial class, based upon the market within the black ghettos.

OLD WINE IN NEW BOTTLES

What is new about "Black Power" is phraseology rather than substance. Black consciousness has roots in the organization of Negro churches and mutual benefit societies in the early days of the republic, the antebellum Negro convention movement, the Negro colonization schemes of the 19th century, Du Bois' concept of Pan-Africanism, Booker T. Washington's advocacy of race pride, self-help, and racial solidarity, the Harlem Renaissance, and the Garvey movement. The decade after World War I -- which saw the militant, race-proud "new negro," the relatively widespread theory of retaliatory violence, and the high tide of the Negro-support-of-Negro-business ideology -- exhibits striking parallels with the 1960's.

Similarly, there are striking parallels between both of these periods and the late 1840's and 1850's when ideologies of self-help, racial solidarity, separatism and nationalism, and the advocacy of organized rebellion were widespread.

The theme of retaliatory violence is hardly new for American Negroes. Most racial disorders in American history until recent years, were characterized by white attacks on Negroes. But Negroes retaliated violently during Reconstruction, just after World War I, and in the last four years.

Black Power rhetoric and ideology actually express a lack of power. The slogan emerged when the Negro protest movement was slowing down, when it was finding increasing resistance to its changing goals, when it discovered that nonviolent direct action was no more a panacea than legal action, when CORE and SNCC were declining in terms of activity, membership, and financial support. This combination of circumstances provoked anger deepened by impotence. Powerless to make any fundamental changes in the life of the rnasses -- powerless, that is, to compel white America to make those changes -- many advocates of Black Power have retreated into an unreal world, where they see an outnumbered and poverty- stricken minority organwng itself independently of whites and creating sufficient power to force white America to grant its demands. To date, the evidence suggests that the situation is much like that of the 1840's, when a small group of intellectuals advocated slave insurrections, but stopped short of organizing them.

The Black Power advocates of today consciously feel that they are the most militant group in the Negro protest movement. Yet they have retreated from a direct confrontation with American society on the issue of integration and, by preaching separatism, unconsciously function as an accommodation to white racism. Much of their economic program, as well as their interest in Negro history, self-help, racial solidarity and separation, is reminiscent of Booker T. Washington. The rhetoric is different, but the programs are remarkably similar.

THE MEANING

By 1967, whites could point to the demise of slavery, the decline of illiteracy among Negroes, the legal protection provided by the constitutional amendments and civil rights legislation, and the growing size of the Negro middle class. Whites would call it Negro progress from slavery to freedom toward equality.

Negroes could point to the doctrine of white supremacy, its widespread acceptance, its persistence after emancipation, and its influence on the definition of the place of Negroes in American life. They could point to their long fight for full citizenship, when they had active opposition from most of the white population and little or no support from the government. They could see progress toward equality accompanied by bitter resistance. Perhaps most of all, they could feel the persistent, pervasive racism that kept them in inferior segregated schools, restricted them to ghettos, barred them from fair employment, provided double standards in courts of justice, inflicted bodily harm on their children, and blighted their lives with a sense of hopelessness and despair.

In all of this and in the context of professed ideals, Negroes would find more retrogression than progress, more rejection than acceptance.

Until the middle of the 20th century, the course of Negro protest movements in the United States except for slave revolts, was based in the cities of the North, where Negroes enjoyed sufficient freedom to mount a sustained protest. It was in the cities, North and South, that Negroes had their greatest independence and mobility. It was natural, therefore, for black protest movements to be urban-based -- and, until the last dozen years or so, limited to the North. As Negroes migrated from the South, the mounting strength of their votes in Northern cities became a vital element in drawing the federal government into the defense of the civil rights of Southern Negroes. White rural Negroes today face great racial problems, the major unsolved questions that touch the core of Negro life stem from discrimination embedded in urban housing, employment, and education.

Over the years the character of Negro protest has changed. Originally it was a white liberal and Negro upper class movement aimed at securing the constitutional rights of Negroes through propaganda, lawsuits, and legislation. In recent years the emphasis in tactics shifted first to direct action and then -- among the most militant -- to the rhetoric of "Black Power." The role of white liberals declined as Negroes came to direct the struggle. At the same time the Negro protest movement became more of a mass movement, with increasing participation from the working classes. As these changes were occurring, and while substantial progress was being made to secure constitutional rights for the Negroes, the goals of the movement were broadened. Protest groups now demand special efforts to overcome the Negro's poverty and cultural deprivation -- conditions that cannot be erased simply by ensuring constitutional rights.

The central thrust of Negro protest in the current period has aimed at the inclusion of Negroes in American society on a basis of full equality rather than at a fundamental transformation of American institutions. There have been elements calling for a revolutionary overthrow of the American social system or for a complete withdrawal of Negroes from American society. But these solutions have had little popular support. Negro protest, for the most part, has been firmly rooted in the basic values of American society, seeking not their destruction but their fu1fillment.
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Report of the National Advisory (Kerner Report 1967)

Postby admin » Mon May 02, 2016 11:46 pm

Chapter 6: The Formation of the Racial Ghettos MAJOR TRENDS IN NEGRO POPULATION

Throughout the 20th century, and particularly in the last three decades, the Negro population of the United States has been steadily moving from rural areas to urban, from South to North and West.

In 1910, 2.6 million Negroes lived in American cities -- 27 percent of the nation's Negro population of 9.8 million. Today, about 15 million Negro Americans live in metropolitan areas, or 69 percent of the Negro population of 21.5 million. In 1910,800,000 Negroes -- 9 percent -- lived outside the South. Now, almost 10 million, about 45 percent, live in the North or West.

These shifts in population have resulted from three basic trends:

• A rapid increase in the size of the Negro population.
• A continuous flow of Negroes from Southern rural areas, partly to large cities in the South, but primarily to large cities m the North and West.
• An increasing concentration of those Negroes in large metropolitan areas within racially segregated neighborhoods.

Taken together, these trends have produced large and constantly growing concentrations of Negro population within big cities in all parts of the nation. Because most major civil disorders of recent years occurred in all-Negro neighborhoods, we have examined the causes of this concentration.

THE GROWTH RATE OF THE NEGRO POPULATION

During the first half of this century, the white population of the United States grew at a slightly faster rate than the Negro population. Because fertility rates [1] among Negro women were more than offset by death rates among Negroes and by large-scale immigration of whites from Europe, the proportion of Negroes in the country declined from 12 percent in 1900 to 10 percent in 1940.

By the end of World War II -- and increasingly since then -- major advances in medicine and medical care, together with the increasing youth of the Negro population resulting from higher fertility rates, caused death rates among Negroes to fall much faster than among whites. This is shown in the following table:

Death Rate/1,000 Population

Image

In addition, white immigration from outside the United States dropped dramatically after stringent restrictions were adopted in the 1920's.

Twenty-Year Period / Total Immigration (millions)

Image

Thus, by mid-century, both factors which previously had offset higher fertility rates among Negro women no longer were in effect.

While Negro fertility rates, after rising rapidly to 1957, have declined sharply in the past decade, white fertility rates have dropped even more, leaving Negro rates much higher in comparison.

Live Births Per 1,000 Women

Image

The result is that Negro population is now growing significantly faster than white population. From 1940 to 1960, the white population rose 34.0 percent, but the Negro population rose 46.6 percent. From 1960 to 1966, the white population grew 7.4 percent; whereas Negro population jumped 14.4 percent, almost twice as much.

Consequently, the proportion of Negroes in the total population has risen from 10.0 percent in 1950 to 10.5 percent in 1960, and 11.1 percent in 1966. [2]

In 1950, at least one of every ten Americans was Negro; in 1966, one of nine. If this trend continues, one of every eight Americans will be Negro by 1972.

Another consequence of higher birth rates among Negroes is that the Negro population is considerably younger than the white population. In 1966, the median age among whites was 29.1 years, as compared to 21.1 among Negroes. About 35 percent of the white population was under 18 years of age, compared with 45 percent for Negroes. About one of every six children under five and one of every six new babies are Negro.

Negro-white fertility rates bear an interesting relationship to educational experience. Negro women with low levels of education have more children than white women with similar schooling, while Negro women with four years or more of college education have fewer children than white women similarly educated. The following table illustrates this:
Number of Children Ever Born to All Woman (Married or Unmarried)

This suggests that the difference between Negro and white fertility rates may decline in the future if Negro educational attainment compares more closely with that of whites, and if a rising proportion of members of both groups complete college.

THE MIGRATION OF NEGROES FROM THE SOUTH

The Magnitude of This Migration


Image

In 1910, 91 percent of the nation's 9.8 million Negroes lived in the South. Twenty-seven percent of American Negroes lived in cities of 2,500 persons or more, as compared to 48 percent of the nation's white population.

By 1966, the Negro population had increased to 21.5 million, and two significant geographic shifts had taken place. The proportion of Negroes living in the South had dropped to 55 percent and about 69 percent of all Negroes lived in metropolitan areas compared to 64 percent for whites. While the total Negro population more than doubled from 1910 to 1966, the number living in cities rose five-fold (from 2.6 million to 14.8 million) and the number outside the South rose eleven-fold (from 880,000 to 9.7 million).

Negro migration from the South began after the Civil War. By the turn of the century, sizeable Negro populations lived in many large Northern cities -- Philadelphia, for example, had 63,400 Negro residents in 1900. The movement of Negroes out of the rural South accelerated during World War I, when floods and boll weevils hurt farming in the South, and the industrial demands of the war created thousands of new jobs for unskilled workers in the North. After the war, the shift to mechanized farming spurred the continuing movement of Negroes from rural Southern areas.

The Depression slowed this migratory flow, but World War II set it in motion again. More recently, continuing mechanization of agriculture and the expansion of industrial employment in Northern and Western cities have served to sustain the movement of Negroes out of the South, although at a slightly lower rate.

Net Negro Out-migration from the South  

Image

From 1960 to 1963, annual Negro out-migration actually dropped to 78,000 but then rose to over 125,000 from 1963 to 1966.

Important Characteristics of this Migration

It is useful to recall that even the latest scale of Negro migration is relatively small when compared to the earlier waves of European immigrants. A total of 8.8 million immigrants entered the United States between 1901 and 1911, and another S.7 million arrived during the following decade. Even during the years from 1960 through 1966, the 1.8 million immigrants from abroad vastly outnumbered the 613,000 Negroes who departed the South. In these same six years, California alone gained over 1.5 million new residents from internal shifts of American population.

Three major routes of Negro migration from the South have developed. One runs north along the Atlantic Seaboard toward Boston, another north from Mississippi toward Chicago, and the third west from Texas and Louisiana toward California. Between 1955 and 1960, 50 percent of the nonwhite migrants to the New York metropolitan area came from North Carolina, South Carolina, Virginia, Georgia, and Alabama; North Carolina alone supplied 20 percent of all New York's nonwhite immigrants. During the same period; almost 60 percent of the nonwhite migrants to Chicago came from Mississippi, Tennessee, Arkansas, Alabama, and Louisiana; Mississippi accounted for almost one-third. During these years, three-fourths of the nonwhite migrants to Los Angeles came from Texas, Louisiana, Mississippi, Arkansas, and Alabama. The flow of Negroes from the South has caused the Negro population to grow more rapidly in the North and West, as indicated below.

Total Negro Population Gains (Millions)

Image

As a result, although a much higher proportion of Negroes still reside in the South, the distribution of Negroes throughout the United States is beginning to approximate that of whites, as the following tables show.
Percent Distribution of the Population By Region -- 1950, 1960 and 1966

Negroes as a Percentage of the Total Population in the United States and Each Region 1950, 1960, and 1966

Image

Negroes in the North and West are now so numerous that natural increase rather than migration provides the greater part of Negro population gains there. And even though Negro migration has risen steadily, it comprises a constantly declining proportion of Negro growth in these regions.

Percentage of Total North & West Negro Gain From Southern In-migration

Image

In other words, we have reached the point where the Negro populations of the North and West will continue to expand significantly even if migration from the South drops substantially.

Future Migration

Despite accelerating Negro migration from the South, the Negro population there has continued to rise.

Negro Population in the South (millions)

Image

Nor is it likely to halt. Negro birth rates in the South, as elsewhere, have fallen sharply since 1957, but so far, this decline has been offset by the rising Negro population base remaining in the South. From 1950 to 1960, Southern Negro births generated an average net increase of 254,000 per year, and from 1960 to 1966, an almost identical 188,000 per year. Even if Negro birth rates continue to fall, they are likely to remain high enough to support significant migration to other regions for some time to come.

The Negro population in the South is becoming increasingly urbanized. In 1950, there were 5.4 million Southern rural Negroes; by 1960, 4.8 million. But this decline has been more than offset by increases in the urban population. A rising proportion of inter-regional migration now consists of persons moving from one city to another. From 1960 to 1966, rural Negro population in the South was far below its peak, but the annual average migration of Negroes from the South was still substantial.

These facts demonstrate that Negro migration from the South, which has moved at an accelerating rate for the past 60 years, will continue, unless economic conditions change dramatically in either the South or the North and West. This conclusion is reinforced by the fact that most Southern states in recent decades have also experienced outflows of white population. From 1950 to 1960, 12 of the 17 Southern states (including the District of Columbia) "exported" white population -- as compared to 13 which "exported" Negro population. Excluding Florida's net gain by migration of 1.5 million, the other 16 Southern states together had a net loss by migration of 1.46 million whites.

THE CONCENTRATION OF NEGRO POPULATION IN LARGE CITIES

Where Negro Urbanization Has Occurred


Statistically, the Negro population in America has become more urbanized, and more metropolitan, than the white population. According to Census Bureau estimates, almost 70 percent of all Negroes in 1966. lived in metropolitan areas, compared to 64 percent of all whites. In the South, more than half the Negro population now lives in cities. Rural Negroes outnumber urban Negroes in only four states: Arkansas, Mississippi, North Carolina, and South Carolina.

Basic data concerning Negro urbanization trends, presented in tables at the conclusion of this chapter, indicate that:

• Almost all Negro population growth is occurring within metropolitan areas, primarily within central cities. From 1950 to 1966, the U. S. Negro population rose 6.5 million. Over 98 percent of that increase took place in metropolitan areas -- 86 percent within central cities, 12 percent in the urban fringe.

• The vast majority of white population growth is occurring in suburban portions of metropolitan areas. From 1950 to 1966, 77.8 percent of the white population increase of 35.6 million took place in the suburbs. Central cities received only 2.5 percent of this total white increase. Since 1960, white central-city population has actually declined by 1.3 million.

• As a result, central cities are steadily becoming more heavily Negro, while the urban fringes around them remain almost entirely white. The proportion of Negroes in all central cities rose steadily from 12 percent in 1950, to 17 percent in 1960, to 20 percent in 1966. Meanwhile, metropolitan areas outside of central cities remained 95 percent white from 1950 to 1960, and became 96 percent white by 1966.

• The Negro population is growing faster, both absolutely and relatively, in the larger metropolitan areas than in the smaller ones. From 1950 to 1966, the proportion of nonwhites in the central cities of metropolitan areas with one million or more persons doubled, reaching 26 percent, as compared with 20 percent in the central cities of metropolitan areas containing from 250,000 to one million persons, and 12 percent in the central cities of metropolitan areas containing under 250,000 persons.

• The 12 largest central cities (New York, Chicago, Los Angeles, Philadelphia, Detroit, Baltimore, Houston, Cleveland, Washington, D. C., St. Louis, Milwaukee, and San Francisco) now contain over two-thirds of the Negro population outside the South, and one-third of the Negro total in the United States. All these cities have experienced rapid increases in Negro population since 1950. In six (Chicago, Detroit, Cleveland, St. Louis, Milwaukee, and San Francisco), the proportion of Negroes at least doubled. In two others (New York and Los Angeles), it probably doubled. In 1968, seven of these cities are over 30 percent Negro, and one (Washington, D. C.) is two-thirds Negro.

Factors Causing Residential Segregation in Metropolitan Areas

The early pattern of Negro settlement within each metropolitan area followed that of immigrant groups. Migrants converged on the older sections of the central city because the lowest cost housing was there, friends and relatives were likely to be there; and the older neighborhoods then often had good public transportation.

But the later phases of Negro settlement and expansion in metropolitan areas diverge sharply from those typical of white immigrants. As the whites were absorbed by the larger society, many left their predominantly ethnic neighborhoods and moved to outlying areas to obtain newer housing and better schools. Some scattered randomly over the suburban area. Others established new ethnic clusters in the suburbs, but even these rarely contained solely members of a single ethnic group. As a result, most middle-class neighborhoods -- both in the suburbs and within central cities -- have no distinctive ethnic character, except that they are white.

Nowhere has the expansion of America's urban Negro population followed this pattern of dispersal. Thousands of Negro families have attained incomes, living standards, and cultural levels matching or surpassing those of whites who have "upgraded" themselves from distinctly ethnic neighborhoods. Yet most Negro families have remained within predominantly Negro neighborhoods, primarily because they have been effectively excluded from white residential areas.

Their exclusion has been accomplished through various discriminatory .practices, some obvious and overt, others subtle and hidden. Deliberate efforts are sometimes made to discourage Negro families from purchasing or renting homes in all- white neighborhoods. Intimidation and threats of violence have ranged from throwing garbage on lawns and making threatening phone calls to burning crosses in yards and even dynamiting property. More often, real estate agents simply refuse to show homes to Negro buyers.

Many middle-class Negro families, therefore, cease looking for homes beyond all-Negro areas or nearby "changing" neighborhoods. For them, trying to move into all-white neighborhoods is not worth the psychological efforts and costs required.

Another form of discrimination just as significant is "white flight" -- withdrawal from, or refusal to enter neighborhoods where large numbers of Negroes are moving or already residing. Normal population turnover causes about 20 percent of the residents of average United States neighborhoods to move out every year because of income changes, job transfers, shifts in life-cycle position or deaths. This normal turnover rate is even higher in apartment areas. The refusal of whites to move into "changing" areas when vacancies occur there from normal turnover means that most vacancies are eventually occupied by Negroes. An inexorable shift toward heavy Negro occupancy results.

Once this happens, the remaining whites seek to leave, and this seems to confirm the existing belief among whites that complete transformation of a neighborhood is inevitable once Negroes begin to enter. Since the belief itself is one of the major causes of the transformation, it becomes a self-fulfilling prophecy, which inhibits the development of racially integrated neighborhoods.

Thus, Negro settlements expand almost entirely through "massive racial transition" at the edges of existing all-Negro neighborhoods, rather than by a gradual dispersion of population throughout the metropolitan area.

Two important points to note about this phenomenon are that:

• "Massive transition" requires no panic or flight by the original white residents of a neighborhood into which Negroes begin moving. All it requires is the failure or refusal of other whites to fill the vacancies resulting from normal turnover.

• Thus, efforts to stop massive transition by persuading present white residents to remain will ultimately fail unless whites outside the neighborhood can be persuaded to move in.

Some residential separation of whites and Negroes would occur even without discriminatory practices by whites. Separation would result from the desires of some Negroes to live in predominantly Negro neighborhoods like many other groups, and from differences in meaningful social variables, such as income and educational levels, between many Negroes and many whites. But these factors would not lead to the almost complete segregation of whites and Negroes, which has developed in our metropolitan areas.

The Exodus of Whites from Central Cities

The process of racial transition in central-city neighborhoods has been only one factor among many others causing millions of whites to move out of central cities as the Negro populations there expanded. More basic perhaps have been the rising mobility and affluence of middle-class families and the more attractive living conditions -- particularly better schools- -- n the suburbs.

Whatever the reason, the result is clear. In 1950, 45.5 million whites lived in central cities. If this population had grown from 1950 to 1960 at. the same rate as the nation's white population as a whole, it would have increased by eight million. It actually rose only 2.2 million, indicating an outflow of 5.8 million. [4]

From 1960 to 1966, the white outflow appears to have been even more rapid. White population of central cities declined 1.3 million instead of rising 3.6 million as it would if it had grown at the same rate as the entire white population. In theory, therefore, 4.9 million whites left central cities during these six years.

Statistics for all central cities as a group understate the relationship between Negro population growth and white outflow in individual central cities. The fact is, many cities with relatively few Negroes experienced rapid white-population growth, thereby obscuring the size of white out-migration that took place out of cities having big increases in Negro population. For example, from 1950 to 1960, the 10 largest cities in the United States had a total Negro population increase of 1.8 million, or 58 percent, while the white population there declined 1.5 million. If we remove the two cities where the white population increased (Los Angeles and Houston), the nonwhite population in the remaining eight rose 1.4 million; whereas their white population declined 2.1 million. If the white population in these cities had increased at only half the rate of the white population in the United States as a whole from 1950 to 1960, it would have risen by 1.4 million. Thus, these eight cities actually experienced a white out-migration of at least 3.5 million, while gaining 1.4 million nonwhites.

The Extent of Residential Segregation

The rapid expansion of all-Negro residential areas in central cities and large-scale white withdrawal from them have continued a pattern of residential segregation that has existed in American cities for decades. A recent study [5] reveals that this pattern is present to a high degree in every large city in America. The authors devised an index to measure the degree of residential segregation. The index indicates for each city the percentage of Negroes who would have to move from the blocks where they now live to other blocks in order to provide a perfectly proportional, unsegregated distribution of population.

According to their findings, the average segregation index for 207 of the largest United States cities was 86.2 in 1960. This means that an average of over 86 percent of all Negroes would have had to change blocks to create an unsegregated population distribution. Southern cities had a higher average index (90.9) than cities in the Northeast (79.2), the North Central (87.7), or the West (79.3). Only eight cities had index values below 70, whereas over 50 had values above 91.7.

The degrees of residential segregation for all 207 cities has been relatively stable, averaging 85.2 in 1940, 87.3 in 1950, and 86.2 in 1960. Variations within individual regions were only slightly larger. However, a recent Census Bureau study shows that in most of the 12 large cities where special censuses were taken in the mid-1960's, the proportions of Negroes living in neighborhoods of greatest Negro concentration had increased since 1960.

Residential segregation is generally more prevalent with respect to Negroes than for any other minority group, including Puerto Ricans, Orientals, and Mexican Americans. Moreover, it varies little between central city and suburb. This nearly universal pattern cannot be explained in terms of economic discrimination against all low-income groups. Analysis of 15 representative cities indicates that white upper- and middle- income households are far more segregated from Negro upper- and middle-income households than from white lower-income households.

In summary, the concentration of Negroes in central cities results from a combination of forces. Some of these forces, such as migration and initial settlement patterns in older neighborhoods, are similar to those which affected previous ethnic minorities. Others -- particularly discrimination in employment and segregation in housing and schools -- are a result of white attitudes based on race and color. These forces continue to shape the future of the central city.

Proportion of Negroes in Each of the 30 Largest Cities, 1950, 1960, and Estimated 1965

Image
* Except for Cleveland, Buffalo, Memphis, and Phoenix, for which a special census has been made in recent years, these are very rough estimations computed on the basis of the change in relative proportions of Negro births and deaths since 1960.
Source: U. S. Department of Commerce, Bureau of the Census.


Percent of All Negroes in Selected Cities Living in Census Tracts Grouped According to Proportion Negro in 1960 and 1964-1966 [7]

Image

Population Change by Location, Inside and Outside Metropolitan Areas, 1950-1966 (numbers in millions)

Image

Change, 1950-1966

Image

Percent Distribution of Population by Location, Inside and Outside Metropolitan Areas, 1950, 1960 and 1966

Image

Negroes as a Percentage of Total Population by Location, Inside and Outside Metropolitan Areas, and by Size of Metropolitan Areas -- 1950, 1960 and 1966

Image

_______________

Notes:

1. The "fertility rate" is the number of live births per year per 1,000 women age 15 to 44 in the group concerned.

2.  These proportions are undoubtedly too low because the Census Bureau bas consistently undercounted the number of Negroes in the U. S. by as much as 10 percent.

3. Rounds to 99.

4. The outflow of whites may be somewhat smaller than the 5.8 million difference between these figures. because the ages of the whites in many central cities are higher than in the nation as a whole, and therefore the population would have grown somewhat more slowly.

5. Negroes In Cities, Karl and Alma Taeuber, Aldine Publishing Co., Chicago (1965).
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Report of the National Advisory (Kerner Report 1967)

Postby admin » Tue May 03, 2016 4:29 am

Chapter 7: Unemployment, Family Structure, and Social Disorganization

RECENT ECONOMIC TRENDS


The Negro population in our country is as diverse in income, occupation, family composition, and other variables as the white community. Nevertheless, for purposes of analysis, three major Negro economic groups can be identified.

The first and smallest group consists of middle and upper-income individuals and households whose educational, occupational, and cultural characteristics are similar to those of middle and upper-income white groups.

The second and largest group contains Negroes whose incomes are above the "poverty level" but who have not attained the educational, occupational, or income status typical of "middle-class" Americans.

The third group has very low educational, occupational, and income attainments and lives below the "poverty level."

A recent compilation of data on American Negroes by the Departments of Labor and Commerce shows that:

• The incomes of both Negroes and whites have been rising rapidly.

• Negro incomes still remain far below those of whites. Negro median family income was only 58 percent of the white median in 1966.

• Although it is growing, Negro family income is not keeping pace with white family income growth. In constant 1965 dollars, median nonwhite income in 1947 was $2174 lower than median white income. By 1966, the gap had grown to $3036.

• The Negro "upper-income" group is expanding rapidly and achieving sizeable income gains. In 1966, 28 percent of all Negro families received incomes of $7000 or more, compared with 55 percent of white families. This was double the proportion of Negroes receiving comparable incomes in 1960, and 4 times greater than the proportion receiving such incomes in 1947. Moreover, the proportion of Negroes employed in high-skill, high-status, and well-paying jobs rose faster than comparable proportions among whites from 1960 to 1966.

• As Negro incomes have risen, the size of the lowest-income group has grown smaller, and the middle and upper groups have grown larger-both relatively and absolutely.

Percentage of Negro Families / Percentage of White Families

Image

• About two-thirds of the lowest-income group -- or 20 percent of all Negroes -- are making no significant economic gains despite continued general prosperity. Half of these "hard-core disadvantaged"-more than two million persons -- live in central-city neighborhoods. Recent special censuses in Los Angeles and Cleveland indicate that the incomes of persons living in the worst slum areas have not risen at all during this period, unemployment rates have declined only slightly, the proportion of families with female heads has increased, and housing conditions have worsened even though rents have risen.

Thus, between 2.0 and 2.5 million poor Negroes are living in disadvantaged neighborhoods of central cities in the United States. These persons comprise only slightly more than 1 per• cent of the nation's total population, but they make up about 16 to 20 percent of the total Negro population of all central cities, and a much higher proportion in certain cities.

UNEMPLOYMENT AND UNDEREMPLOYMENT

The Critical Significance of Employment


The capacity to obtain and hold a "good job" is the traditional test of participation in American society. Steady employment with adequate compensation provides both purchasing power and social status. It develops the capabilities, confidence, and self-esteem an individual needs to be a responsible citizen and provides a basis for a stable family life. As Daniel P. Moynihan has written:

The principal measure of progress toward equality will be that of employment. It is the primary source of individual or group identity. In America what you do is what you are: to do nothing is to be nothing; to do little is to be little. The equations are implacable and blunt, and ruthlessly public.

For the Negro American it is already, and will continue to be, the master problem. It is the measure of white bona fides. It is the measure of Negro competence, and also of the competence of American society. Most importantly, the linkage between problems of employment and the range of social pathology that afflicts the Negro community is unmistakable. Employment not only controls the present for the Negro American but, in a most profound way, it is creating the future as well.


For residents of disadvantaged Negro neighborhoods, obtaining good jobs is vastly more difficult than for most workers in society. For decades, social, economic, and psychological disadvantages surrounding the urban Negro poor have impaired their work capacities and opportunities. The result is a "cycle of failure" -- the employment disabilities of one generation breed those of the next.

Negro Unemployment

Unemployment rates among Negroes have declined from a postwar high of 12.6 percent in 1958 to 8.2 percent in 1967. Among married Negro men, the unemployment rate for 1967 was down to 3.2 percent.

Notwithstanding this decline, unemployment rates for Negroes are still double those for whites in every category, including married men, as they have been throughout the postwar period. Moreover, since 1954, even during the current unprecedented period of sustained economic growth, unemployment among Negroes bas been continuously above the 6.0 percent "recession" level widely regarded as a sign of serious economic weakness when prevalent for the entire work force.

While the Negro unemployment rate remains high in relation to the white rate, the number of additional jobs needed to lower this to the level of white unemployment is surprisingly small. In 1967, approximately 3.0 million persons were unemployed during an average week, of whom about 638,000, or 21 percent, were nonwhites. When corrected for undercounting, total nonwhite unemployment was approximately 712,000 or 8 percent of the nonwhite labor force. To reduce the unemployment rate to 3.4 percent, the rate prevalent among whites, jobs must be found for 57.5 percent of these unemployed persons. This amounts to nearly 409,000 jobs, or about 28 percent of the net number of new jobs added to the economy in the year 1967 alone and only slightly more than 1;2 of 1 percent of all jobs in the United States in 1967.

THE LOW-STATUS AND LOW-PAYING NATURE OF MANY NEGRO JOBS

Even more important perhaps than unemployment is the related problem of the undesirable nature of many jobs open to Negroes. Negro workers are concentrated in the lowest-skilled and lowest-paying occupations. These jobs often involve substandard wages, great instability and uncertainty of tenure, extremely low status in the eyes of both employer and employee, little or no chance for meaningful advancement, and unpleasant or exhausting duties. Negro men in particular are more than twice as likely as whites to be in unskilled or service jobs which pay far less than most:

Percentage of Male Workers in Each Type of Occupation -- 1966 / Media Earnings of All Male Civilians in Each Occupation -- 1965

Image

This concentration in the least desirable jobs can be viewed another way by calculating the changes which would occur if Negro men were employed in various occupations in the same proportions as the male labor force as a whole (not solely the white labor force).

Number of Male Nonwhite Workers If Distributed -- 1966

Image

Thus, upgrading the employment of Negro men to make their occupational distribution identical with that of the labor force as a whole would have an immense impact upon the nature of their occupations. About 1.3 million nonwhite men -- or 28 percent of those employed in 1966 00 would move up the employment ladder into one of the higher-status and higher-paying categories. The effect of such a shift upon the incomes of Negro men would be very great. Using the 1966 job distribution, the shift indicated above would produce about $4.8 billion more earned income for nonwhite men alone if they received the 1965 median income in each occupation. This would be a rise of approximately 30 percent in the earnings actually received by all nonwhite men in 1965 (not counting any sources of income other than wages and salaries).

Of course, the kind of "instant upgrading" visualized in these calculations does not represent a practical alternative for national policy. The economy cannot drastically reduce the total number of low-status jobs it now contains, or shift large numbers of people upward in occupation in any short period. Therefore, .major upgrading in the employment status of Negro men must come through a faster relative expansion of higher-level jobs than lower-level jobs (which has been occurring for several decades), an improvement in the skills of nonwhite workers so they can obtain a higher proportion of those added better jobs, and a drastic reduction of discriminatory hiring and promotion practices in all enterprises, both private and public.

Nevertheless, this hypothetical example clearly shows that the concentration of male Negro employment at the lowest end of the occupational scale is greatly depressing the incomes of United States Negroes in general. In fact, this is the single most important source of poverty among Negroes. It is even more important than unemployment, as can be shown by a second hypothetical calculation. In 1966, there were about 702,000 unemployed nonwhites in the United States on the average, including adults and teenagers, and allowing for the Census Bureau undercount of Negroes. If everyone of these persons had been employed and had received the median amount earned by nonwhite males in 1966 ($3,864), this would have added a total of $2.7 billion to nonwhite income as a whole. If only enough of these persons had been employed at that wage to reduce nonwhite unemployment from 7.3 to 3.3 percent -- the rate among whites in 1966 -- then the income gain for nonwhites would have totaled about $1.5 billion. But if nonwhite unemployment remained at 7.3 percent, and nonwhite men were upgraded so that they had the same occupational distribution and incomes as all men in the labor force considered together, this would have produced about $4.8 billion in additional income, as noted above (using 1965 earnings for calculation). Thus the potential income gains from upgrading the male nonwhite labor force are much larger than those from reducing nonwhite unemployment.

This conclusion underlines the difficulty of really improving the economic status of Negro men. It is far easier to create new jobs than either to create new jobs with relatively high status and earning power, .or to upgrade existing employed or partly-employed workers into such better-quality employment. Yet only such upgrading will eliminate the fundamental basis of poverty and deprivation among Negro families.

Access to good-quality jobs clearly affects the willingness of Negro men actively to seek work. In cities with the largest percentage of Negroes in skilled and semi-skilled jobs, Negro men participate in the labor force to the same extent as, or greater than, white men. Conversely, where most Negro men were heavily concentrated in menial jobs, they participated less in the labor force than white men.

Even given similar employment, Negro workers with the same education as white workers are paid less. This disparity doubtless results to some extent from inferior training in segregated schools, and also from the fact that large numbers of Negroes are only now entering certain occupations for the first time. However, the differentials are so large and so universal at all educational levels that they clearly reflect the patterns of discrimination which characterize hiring and promotion practices in many segments of the economy. For example, in 1966 among persons who had completed high school, the median income of Negroes was only 73 percent that of whites. Even among persons with an eighth-grade education. Negro median income was only 80 percent of white median income.

At the same time, a higher proportion of Negro women than white women participates in the labor force at nearly all ages except 16 to 19. For instance, in 1966, 55 percent of nonwhite women from 25 to 34 years of age were employed, compared to only 38 percent of white women in the same age group. The fact that almost half of all adult Negro women work reflects the fact that so many Negro males have unsteady and low-paying jobs. Yet even though Negro women are often better able to find work than Negro men, the unemployment rate among adult nonwhite women (20 years old and over) in 1967 was 7.3 percent, compared to the 4.3 percent rate among adult nonwhite men.

Unemployment rates are, of course, much higher among teenagers, both Negro and white, than among adults; in fact about one-third of all unemployed Negroes in 1967 were between 16 and 19 years old. During the first nine months of 1967, the unemployment rate among nonwhite teenagers was 26.5 percent; for whites, it was 10.6 percent. About 219,300 nonwhite teenagers were unemployed. [3] About 58,300 were still in school but were actively looking for jobs.

In disadvantaged areas, employment conditions for Negroes are in a chronic state of crisis. Surveys in low-income neighborhoods of nine large cities made by the Department of Labor late in 1966 revealed that the rate of unemployment there was 9.3 percent, compared to 7.3 percent for Negroes generally and 3.3 percent for whites. Moreover, a high proportion of the persons living in these areas were "underemployed," that is they were either part-time workers looking for full-time employment, or full-time workers earning less than $3000 per year, or had dropped out of the labor force. The Department of Labor estimated that this underemployment is two and one-half times greater than the number unemployed in these areas. Therefore, the "subemployment rate," including both the unemployed and the underemployed, was about 32.7 percent in the nine areas surveyed, or 8.8 times greater than the overall unemployment rate for all U. S. workers. Since underemployment also exists outside disadvantaged neighborhoods, comparing the full subemployment rate in these areas with the unemployment rate for the nation as a whole is not entirely valid. However, it provides some measure of the enormous disparity between employment conditions in most of the nation and those prevalent in disadvantaged Negro areas in our large cities.

The critical problem is to determine the actual number of those unemployed and underemployed in disadvantaged Negro areas. This involves a process of calculation which is detailed in the note at the end of this chapter. The outcome of this process is summarized in the following table:

Nonwhite Subemployment in Disadvantaged Areas of All Central Cities -- 1967

Image

Therefore, in order to bring subemployment in these areas down to a level equal to unemployment alone among whites, enough steady, reasonably-paying jobs (and the training and motivation to perform them) must be provided to eliminate all underemployment and reduce unemployment by 65 percent. For all three age groups combined, this "deficit" amounted to 923,000 jobs in 1967.

THE MAGNITUDE OF POVERTY IN DISADVANTAGED NEIGHBORHOODS

The chronic unemployment problems in the central city, aggravated by the constant arrival of new unemployed migrants, is the fundamental cause of the persistent poverty in disadvantaged Negro areas.

"Poverty" in the affluent society is more than absolute deprivation. Many of the poor in the United States would be well-off in other societies. Relative deprivation -- inequality -- is a more useful concept of poverty with respect to the Negro in America because it encompasses social and political exclusion as well as economic inequality. Because of the lack of data of this type, we have had to focus our analysis on a measure of poverty which is both economic and absolute -- the Social Security Administration's "poverty level"4. concept. It is clear, however, that broader measures of poverty would substantiate the conclusions that follow.

In 1966 there were 29.7 million persons in the United States -- 15.3 percent of the nation's population -- with incomes below the "poverty level," as defined by the Social Security Administration. Of these, 20.3 million were white (68.3 percent), and 9.3 million nonwhite (31.7 percent). Thus, about 11.9 percent of the nation's whites and 40.6 percent of its nonwhites were poor under the Social Security definition.

The location of the nation's poor is best shown from 1964 data as indicated by the following table:

Percentage of Those in Poverty in Each Group Living In: Metropolitan Areas

Image

The following facts concerning poverty are relevant to an understanding of the problems faced by people living in disadvantaged neighborhoods. [5]

• 30.7 percent of nonwhite families of two or more persons lived in poverty compared to only 8.8 percent of whites.

• Of the 10.1 million poor persons in central cities in 1964, about 4.4 million of these (43.6 percent) were nonwhites, and 5.7 million (56.4 percent) were whites. The poor whites were much older on the average than the poor nonwhites. The proportion of poor persons 65 years old or older was 23.2 percent among whites, but only 6.8 percent among nonwhites.

• Poverty was more than twice as prevalent among nonwhite families with female heads than among those with male heads. 57 percent compared to 21 percent. In central cities, 26 percent of all nonwhite families of two or more persons had female heads, as compared to 12 percent of white families.

• Among nonwhite families headed by a female, and having children under 6, the incidence of poverty was 81.0 percent. Moreover, there were 243,000 such families living in poverty in central cities -- or over 9 percent of all nonwhite families in those cities.

• Among all children living in poverty within central cities, nonwhites outnumbered whites by over 400,000. The number of poor nonwhite children equalled or surpassed the number of white poor children in every age group.

Number of Children Living in Poverty (millions)

Image

Two stark facts emerge:

• 54 percent of all poor children in central cities in 1964 were nonwhites;

• Of the 4.4 million nonwhites living in poverty within central cities in 1964, 52 percent were children under 16, and 61 percent were under 21.

Since 1964, the number of nonwhite families living in poverty within central cities has remained about the same; hence, these poverty conditions are probably still prevalent in central cities in terms of absolute numbers of persons, although the proportion of persons in poverty may have dropped slightly. [6]

THE SOCIAL IMPACT OF EMPLOYMENT PROBLEMS IN DISADVANTAGED NEGRO AREAS

Unemployment and the Family


The high rates of unemployment and underemployment in racial ghettos are evidence, in part, that many men living in these areas are seeking but cannot obtain jobs which will support a family. Perhaps equally important, most jobs they can get are at the low end of the occupational scale, and often lack the necessary status to sustain a worker's self-respect, or the respect of his family and friends. These same men are also constantly confronted with the message of discrimination: "You are inferior because of a trait you did not cause and cannot change." This message reinforces feelings of inadequacy arising from repeated failure to obtain and keep decent jobs.

Wives of these men are forced to work, and usually produce more money. If men stay at home without working, their inadequacies constantly confront them and tensions arise between them and their wives and children. Under these pressures, it is not surprising that many of these men flee their responsibilities as husbands and fathers, leaving home, and drifting from city to city, or adopting the style of "street corner men."

Unemployment Rate and Participation in Total Labor Force, 25 to 54-Year-Old Nonwhite Men, by Marital Status, March, 1967

Image

Statistical evidence tends to document this. A close correlation exists between the number of nonwhite married women separated from their husbands each year and the unemployment rate among nonwhite males 20 years old and over. Similarly, from 1948 to 1962, the number of new Aid to Families with Dependent Children cases rose and fell with the nonwhite male unemployment rate. Since 1963, however, the number of new cases -- most of them Negro children -- has steadily increased even though the unemployment rate among nonwhite males has declined. The impact of marital status on employment among Negroes is shown by the fact that in 1967 the proportion of married men either divorced or separated from their wives was more than twice as high among unemployed nonwhite men as among employed nonwhite men. Moreover, among those participating in the labor force, there was a higher proportion of married men with wives present than with wives absent.

Fatherless Families

The abandonment of the home by many Negro males affects a great many children growing up in the racial ghetto. As previously indicated, most American Negro families are headed by men, just like most other American families. Yet the proportion of families with female heads is much greater among Negroes than among whites at all income levels, and has been rising in recent years.

Proportion of Families of Various Types: Husband-Wife / Female Head

Image

This disparity between white and nonwhite families is far greater among the lowest income families -- those most likely to reside in disadvantaged big-city neighborhoods -- than among higher income families. Among families with incomes under $3,000 in 1966, the proportion with female heads was 42 percent for Negroes but only 23 percent for whites. In contrast, among families with incomes of $7,000 or more, 8 percent of Negro families had female heads compared to 4 percent of whites.

The problems of fatherless families are aggravated by the tendency of Negroes to have large families. This is characteristic of poor families generally. The average poor, urban nonwhite family contains 4.8 persons, as compared with 3.7 for the average poor, urban white family. This is one of the primary factors in the poverty status of nonwhite households in large cities.

The proportion of fatherless families appears to be increasing in the poorest Negro neighborhoods. In the Hough section of Cleveland, the proportion of families with female heads rose from 23 to 32 percent from 1960 to 1965. In the Watts section of Los Angeles it rose from 36 to 39 percent during the same period.

The handicap imposed on children growing up without fathers, in an atmosphere of poverty and deprivation, is increased because many mothers must work to provide support. The following table illustrates the disparity between the proportion of nonwhite women in the child-rearing ages who are in the labor force and the comparable proportion of white women:

Percentage of Women in the Labor Force

Image

With the father absent and the mother working, many ghetto children spend the bulk of their time on the streets -- the streets of a crime-ridden, violence-prone and poverty-stricken world. The image of success in this world is not that of the "solid citizen," the responsible husband and father, but rather that of the "hustler" who takes care of himself by exploiting others. The dope sellers and the numbers runners are the "successful" men because their earnings far outstrip those men who try to climb the economic ladder in honest ways.

Young people in the ghetto are acutely conscious of a system which appears to offer rewards to those who illegally exploit others, and failure to those who struggle under traditional responsibilities. Under these circumstances, many adopt exploitation and the "hustle" as a way of life, disclaiming both work and marriage in favor of casual and temporary liaisons. This pattern reinforces itself from one generation to the next, creating a "culture of poverty" and an ingrained cynicism about society and its institutions.

The "Jungle"

The culture of poverty that results from unemployment and family disorganization generates a system of ruthless, exploitative relationships within the ghetto. Prostitution, dope addiction, casual sexual affairs, and crime create an environmental jungle characterized by personal insecurity and tension. The effects of this development are stark:

• The rate of illegitimate births among nonwhite women has risen sharply in the past two decades. In 1940, 16.8 percent of all nonwhite births were illegitimate. By 1950 this proportion was 18 percent; by 1960, 21.6 percent; by 1966, 26.3 percent. In the ghettos of many large cities, illegitimacy rates exceed 50 percent.

• The rate of illegitimacy among nonwhite women is closely related to low income and high unemployment. In Washington, D. C., for example, an analysis of 1960 census tracts shows that in tracts with unemployment rates of 12 percent or more among nonwhite men, illegitimacy was over 40 percent. But in tracts with unemployment rates of 2.9 percent and below among nonwhite men, reported illegitimacy was under 20 percent. A similar contrast existed between tracts in which median nonwhite income was under $4,000 (where illegitimacy was 38 percent) and those in which it was $8,000 and over (where illegitimacy was 11 percent).

• Narcotics addiction is also heavily concentrated in low-income Negro neighborhoods, particularly in New York City. Of the 59,720 addicts known to the U. S. Bureau of Narcotics at the end of 1966, just over 50 percent were Negroes. Over 52 percent of all known addicts lived within New York State, mostly in Harlem and other Negro neighborhoods. These figures undoubtedly greatly understate the actual number of persons using narcotics regularly -- especial1y those under 21.

• Not surprisingly, at every age from 6 through 19, the proportion of children from homes with both parents present who actually attend school is higher than the proportion of children from homes with only one parent or neither present.

• Rates of juvenile delinquency, venereal disease, dependency upon AFDC support, and use of public assistance in general are much higher in disadvantaged Negro areas than in other parts of large cities. Data taken from New York City contrasting predominantly Negro neighborhoods with the city as a whole clearly illustrate this fact.

Social Distress -- Major Predominantly Negro Neighborhoods in New York City and the City as a Whole

Image

In conclusion: in 1965, 1.2 million nonwhite children under 16 lived in central city families headed by a woman under 65. The great majority of these children were growing up in poverty under conditions that make them better candidates for crime and civil disorder than for jobs providing an entry into American society. Because of the immense importance of this fact -- the potential loss to the society of these young people -- we describe these conditions in the next chapter.

NOTE -- CALCULATION OF NONWHITE SUBEMPLOYMENT IN DISADVANTAGED AREAS OF ALL CENTRAL CITIES -- 1967

In 1967, total unemployment in the United States was distributed as follows, by age and color:

Image

Adjustment for the Census Bureau undercount of nonwhite males in the labor force amounting to 7.5 percent for the teenage group, 18 percent for the adult male group and approximately 10 percent for adult females result in the following revised total employment:

Image

These figures cover the entire United States. To provide an estimate of the number of unemployed in disadvantaged neighborhoods within central cities, it is necessary to discover what proportion of the nonwhite unemployed are in central cities and what proportion of those in central cities are within the most disadvantaged neighborhoods. The Department of Labor survey in nine large central cities covering the first nine months of 1967 showed that these cities contained 27.3 percent of the total nonwhite labor force in the U. S., and 26.5 percent of total nonwhite unemployment. Hence, it is reasonable to assume that nonwhite unemployment is concentrated in central cities to about the same degree as the nonwhite labor force. In turn, the nonwhite labor force is located in central cities in about the same proportion as the nonwhite population, or 57.1 percent in 1967. Thus central city unemployment among nonwhites was presumably about 57.1 percent of the national figures:

Nonwhite Unemployment in All Central Cities (Rounded)

Image

Within large central cities, about 62 percent of all nonwhite families lived in certain Census Tracts which have been designated "poverty areas." These tracts ranked lowest in U. S. cities over 250,000 persons in size, according to an index of "deprivation" based upon family income, children in broken homes, persons with low educational attainment, males in unskilled jobs, and substandard housing. On the assumption that conditions in these poverty areas are comparable to those in the nine disadvantaged areas surveyed by the Department of Labor in 1966, the number of unemployed nonwhites in disadvantaged areas of central cities is as follows: *

Nonwhite Unemployment in Disadvantaged Areas of all Central Cities -- 1967

Image

The number of underemployed nonwhites in these areas was about 2.5 times larger than the number of unemployed. But we have already accounted for some underemployment in the adjustment for undercounting -- we will assume nonwhite underemployment was 2.25 times adjusted unemployment for all three age and sex groups. The resulting rough estimates are as follows:

Nonwhite Subemployment in Disadvantaged Areas of All Central Cities -- 1967

Image

* The number of nonwhite unemployed in the more disadvantaged areas was 26 percent higher than It would have been had it been proportional to the total population residing there. Therefore, the proportion of central city non-white unemployed poverty areas is assumed to equal 78.4 percent (62 percent times 1.26).

________________

Notes:

1. Average of two categories from normal Census Bureau categories as combined in data presented in The Social and Economic Conditions of Negroes In the United States (BLS #332) .

2. Estimates based upon percentages set forth in BLS #332, page 41.

3. After adjusting for Census Bureau undercounting.

4. Currently $3335, per year for an urban family of four.

5. Source: Social Security Administration Based on 1964 data.

6. For the nation as a whole, the proportion of nonwhite families living in poverty dropped tram 39 percent to 35 percent from 1964 to 1966 (defining family somewhat differently from the definition used in the data above). The number of such families declined from 1.9 million to 1.7 million. How- ever, the number and proportion of all nonwhites living in central cities rose m the same period. As a result, the number of nonwhite families living in so-called "poverty areas" of large cities actually rose from 1,561,000 in 1960 to 1,588,000 in 1966.

7. Number of offenses per 1,000 persons 7-20 years (1965).

8. Number of cases per 100,000 persons under 21 years (1964).

9. Number of children In Aid to Dependent Children cases per 1,000 under 18 years, using 1960 population as base (1965).

10. Welfare Assistance recipients per 1,000 persons, using 1960 Population as base (1965).
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Report of the National Advisory (Kerner Report 1967)

Postby admin » Tue May 03, 2016 4:56 am

Chapter 8: Conditions of Life in the Racial Ghetto

The conditions of life in the racial ghetto are strikingly different from those to which most Americans are accustomed -- especially white, middle-class Americans. We believe it important to describe these conditions and their effect on the lives of people who cannot escape from the ghetto.

We have not attempted here to describe conditions relating to the fundamental problems of housing, education and welfare, which are treated in detail in later chapters.

I. CRIME AND INSECURITY

Nothing is more fundamental to the quality of life in any area than the sense of personal security of its residents, and nothing affects this more than crime.

In general, crime rates in large cities are much higher than in other areas of our country. Within such cities, crime rates are higher in disadvantaged Negro areas than anywhere else.

The most widely-used measure of crime is the number of "index crimes" (homicide, forcible rape, aggravated assault, robbery, burglary, grand larceny, and auto theft) in relation to population. In 1966, 1,754 such crimes were reported to police for every 100,000 Americans. In cities over 250,000, the rate was 3,153, and in cities over one million, it was 3,630 -- or more than double the national average. In suburban areas alone, including suburban cities, the rate was only 1,300, or just over one-third the rate in the largest cities.

Within larger cities, personal and property insecurity has consistently been highest in the older neighborhoods encircling the downtown business district. In most cities, crime rates for many decades have been higher in these inner areas than anywhere else, except in downtown areas themselves where they are inflated by the small number of residents.

High crime rates have persisted in these inner areas even though the ethnic character of their residents continually changed. Poor immigrants used these areas as "entry ports," then usually moved on to more desirable neighborhoods as soon as they acquired enough resources. Many "entry port" areas have now become racial ghettos.

The difference between crime rates in these disadvantaged neighborhoods and in other parts of the city is usually startling, as a comparison of crime rates in five police districts in Chicago for 1965 illustrates. Taking one high-income, all-white district at the periphery of the city, two very low-income, virtually all-Negro districts near the city core, both including numerous public housing projects, and two predominantly white districts, one with mainly lower-middle-income families, the other containing a mixture of very high-income and relatively low-income households, the table shows crime rates against persons and against property in these five districts, plus the number of patrolmen assigned to them per 100,000 residents, as follows:

Incidence of Index Crimes and Patrolmen Assignments per 100,000 Residents in 5 Chicago Police Districts, 1965

Image

These data suggest the following conclusions:

• Variations in the crime rate against persons within the city are extremely large. One very low-income Negro district had 3S times as many serious crimes against persons per 100,000 residents as did the high-income white district.

• Variations in the crime rate against property are much smaller. The highest rate was only 2.5 times larger than the lowest.

• Both income and race appear to affect crime rates: the lower the income in an area, the higher the crime rate there. Yet low-income Negro areas have significantly higher crime rates than low-income white areas. This reflects the high degree of social disorganization in Negro areas described in the previous chapter, as well as the fact that poor Negroes, as a group, have lower incomes than poor whites, as a group.

• The presence of more police patrolmen per 100,000 residents does not necessarily offset high crime in certain parts of the city. Although the Chicago Police Department had assigned over three times as many patrolmen per 100,000 residents to the highest-crime area shown as to the lowest, crime rates in the highest-crime area for offenses against both persons and property combined were 4.9 times as high as in the lowest-crime area.

Because most middle-class Americans live in neighborhoods similar to the more crime-free district described above, they have little comprehension of the sense of insecurity that characterizes the ghetto resident. Moreover, official statistics normally greatly understate actual crime rates because the vast majority of crimes are not reported to the police. For example, a study conducted for the President's Crime C0mmission in three Washington, D. C. precincts showed that six times as many crimes were actually committed against persons and homes as were reported to the police. Other studies in Boston and Chicago indicated that about three times as many crimes were committed as were reported.

Two facts are crucial to understand the effects of high crime rates in racial ghettos: most of these crimes are committed by a small minority of the residents, and the principal victims are the residents themselves. Throughout the United States, the great majority of crimes committed by Negroes involve other Negroes as victims, just as most crimes committed by whites are against other whites. A special tabulation made by the Chicago Police Department for the President's Crime Commission indicated that over 85 percent of the crimes committed by Negroes between September 1965 and March 1966 involved Negro victims.

As a result, the majority of law-abiding citizens who live in disadvantaged Negro areas face much higher probabilities of being victimized than residents of most higher-income areas, including almost all suburbs. For nonwhites, the probability of suffering from any index crime except larceny is 78 percent higher than for whites. The probability of being raped is 3.7 times higher among nonwhite women, and the probability of being robbed is 3.5 times higher for nonwhites in general.

The problems associated with high crime rates generate widespread hostility toward the police in these neighborhoods for reasons described elsewhere in this Report. Thus, crime Dot only creates an atmosphere of insecurity and fear throughout Negro neighborhoods but also causes continuing attrition of the relationship between Negro residents and police. This bears a direct relationship to civil disorder.

There are reasons to expect the crime situation in these areas to become worse in the future. First, crime rates throughout the United States have been rising rapidly in recent years. The rate of index crimes against persons rose 37 percent from 1960 to 1966, and the rate of index crimes against property rose 50 percent. In the first nine months of 1967, the number of index crimes was up 16 percent over the same period in 1966 whereas the United States population rose about one percent. In cities of 250,000 to one million, index crime rose by over 20 percent, whereas it increased four percent in cities of over one million. [1]

Second, the number of police available to combat crime is rising much more slowly than the amount of crime. In 1966, there were about 20 percent more police employees in the United States than in 1960, and per capita expenditures for police rose from $15.29 in 1960 to $20.99 in 1966, a gain of 37 percent. But over the six-year period, the number of reported index crimes had jumped 62 percent. In spite of significant improvements in police efficiency, it is clear that police will be unable to cope with their expanding workload unless there is a dramatic increase in the resources allocated by society to this task.

Third, in the next decade the number of young Negroes aged 14 to 24 will increase rapidly, particularly in central cities. This group is responsible for a disproportionately high share of crimes in all parts of the nation. In 1966, persons under 25 years of age comprised the following proportions of those arrested for various major crimes: murder -- 37 percent; forcible rap e-- 60 percent; robbery -- 71 percent; burglary -- 81 percent; larceny-about 75 percent; and auto theft -- over 80 percent. For all index crimes together, the arrest rate for Negroes is about four times higher than that for whites. Yet the number of young Negroes aged 14 to 24 in central cities will rise about 63 percent from 1966 to 1975, as compared to only 32 percent for the total Negro population of central cities. [2]

II. HEALTH AND SANITATION CONDITIONS

The residents of the racial ghetto are significantly less healthy than most other Americans. They suffer from higher mortality rates, higher incidence of major diseases, and lower availability and utilization of medical services. They also experience higher admission rates to mental hospitals.

These conditions result from a number of factors.

Poverty

From the standpoint of health, poverty means deficient diets. lack of medical care, inadequate shelter and clothing, and often lack of awareness of potential health needs. As a result, about 30 percent of all families with incomes less than $2,000 per year .suffer from chronic health conditions that adversely affect their employment -- as compared with less than 8 percent of the families with incomes of $7,000 or more.

Poor families have the greatest need for financial assistance in meeting medical expenses. Only about 34 percent of families with incomes of less than $2,000 per year use health insurance benefits, as compared to nearly 90 percent of those with incomes of $7,000 or more. [3]

These factors are aggravated for Negroes when compared to whites for the simple reason that the proportion of persons in the United States who are poor is 3.5 times as high among Negroes (41 percent in 1966) as among whites (12 percent in 1966).

Maternal mortality -- Maternal mortality rates for nonwhite mothers are four times as high as those for white mothers. There has been a sharp decline in such rates since 1940, when 774 nonwhite and 320 white mothers died for each 100,000 live births. In 1965, only 84 nonwhite and 21 white mothers died per 100,000 live births -- but the relative gap between nonwhites and whites actually increased.

Infant Mortality

Infant mortality rates among nonwhite babies are 58 percent higher than among whites for those under one month old, and almost three times as high among those from one month to one year old. This is true in spite of a large drop in infant mortality rates in both groups since 1940.

Number of Infants Who Died per 1,000 Live Births

Image

Life Expectancy

To some extent because of infant mortality rates, life expectancy at birth was 6.9 years longer for whites (71.0 years) than for nonwhites (64.1 years) in 1965. Even in the prime working ages, life expectancy is significantly lower among nonwhites than among whites. In 1965, white persons 25 years old could expect to live an average of 48.6 more years; whereas nonwhites 25 years old could expect to live another 43.3 years, or 11 percent less. Similar but smaller discrepancies existed at all ages from 25 through 55, and these discrepancies actually became wider between 1960 and 1965.

Lower Utilization of Health Services

A fact that also contributes to poorer health conditions in the ghetto is that Negroes with incomes similar to those of whites spend less on medical services and visit medical specialists less often.

Percent of Family Expenditures Spent for Medical Care 1960-61

Image

Since the lowest income group contains a much larger proportion of nonwhite families than white families, the overall discrepancy in medical care spending between these two groups is very significant, as shown by the following table:

Health Expenses per Person per Year for the Period From July to December 1962

Image

These data indicate that nonwhite families in the lower income group spent less than half as much per person on medical services as white families with similar incomes. This discrepancy sharply declines but is still significant in the higher income group, where total nonwhite medical expenditures per person equal, on the average, 74.3 percent of white expenditures.

Negroes spend less on medical care for several reasons. Negro households generally are larger, requiring larger nonmedical expenses. for each household, and leaving less money for meeting medical expenses. Thus lower expenditures per person would result even if expenditures per household were the same. Negroes also often pay more for certain other basic necessities such as food and consumer durables, as is discussed in other sections of this Report. In addition, fewer doctors, dentists, and medical facilities are conveniently available to Negroes -- especially to poor families -- than to most whites. This is a result both of geographic concentration of doctors in higher income areas in large cities and of discrimination against Negroes by doctors and hospitals. A survey in Cleveland indicated that there were 0.45 physicians per 1,000 people in poor neighborhoods, compared to 1.13 per 1,000 in nonpoverty areas. The result is fewer visits to physicians and dentists.

Percent of Population Making One or More Visits to Indicated Type of Medical Specialist from July 1963 to June 1964

Image

Although widespread use of health insurance has led many hospitals to adopt nondiscriminatory policies, some private hospitals still refuse to admit Negro patients or to accept doctors with Negro patients. And many individual doctors still discriminate against Negro patients. As a result, Negroes are more likely to be treated in hospital clinics than whites, and they are less likely to receive personalized service. This conclusion is confirmed by the following data:

Percent of All Visits to Physicians from July 1963 to June 1964 Made in Indicated Ways

Image

Environmental Factors

Environmental conditions in disadvantaged Negro neighborhoods create further reasons for poor health conditions there. The level of sanitation is strikingly below that which is prevalent in most higher income areas. One simple reason is that residents lack proper storage facilities for food -- adequate refrigerators, freezers, even garbage cans which are sometimes stolen as fast as landlords can replace them.

In many areas where garbage collection and other sanitation services are grossly inadequate -- commonly in the poorer parts of our large cities, rats proliferate. It is estimated that in 1965, there were over 14,000 cases of rat-bite in the United States, mostly in such neighborhoods.

The importance of these conditions was outlined for the Commission as follows: [4]

Sanitation Commissioners of New York City and Chicago both feel this [sanitation] to be an important community problem and report themselves as being under substantial pressure to improve conditions. It must be concluded that slum sanitation is a serious problem in the minds of the urban poor and well merits, at least on that ground, the attention of the Commission. A related problem, according to one Sanitation Commissioner, is the fact that residents of areas bordering on slums feel that sanitation and neighborhood cleanliness is a crucial issue, relating to the stability of their blocks and constituting an important psychological index of "how far gone" their area is. .... There is no known study comparing sanitation services between slum and nonslum areas. The experts agree, however, that there are more services in the slums on a quantitative basis, although perhaps not on a per capita basis. In New York, for example, garbage pickups are supposedly scheduled for about six times a week in slums, compared to three times a week in other areas of the city; the comparable figures in Chicago are two-three times a week versus once a week.

The point, therefore, is not the relative quantitative level of services, but the peculiarly intense needs of ghetto areas for sanitation services. This high demand is the product of numerous factors including: (1) higher population density; (2) lack of well managed buildings and adequate garbage services provided by landlords, number of receptacles, carrying to curbside, number of electric garbage disposals; (3) high relocation rates of tenants and businesses, producing heavy volume of bulk refuse left on streets and in buildings; (4) different uses of the streets -- as outdoor living rooms in summer, recreation areas -- producing high visibility and sensitivity to garbage problems; (5) large numbers of abandoned cars; (6) severe rodent and pest problems; (7) traffic congestion blocking garbage collection' and (8) obstructed street cleaning and snow removal on crowded' car-choked streets. Each of these elements adds to the problem and suggests a different possible line of attack.


III. EXPLOITATION OF DISADVANTAGED CONSUMERS BY RETAIL MERCHANTS

Much of the violence in recent civil disorders has been directed at stores and other commercial establishments in disadvantaged Negro areas. In some cases, rioters focused on stores operated by white merchants who, they apparently believed, had been charging exorbitant prices or selling inferior goods. Not all the violence against these stores can be attributed to "revenge" for such practices. Yet it is clear that many residents of disadvantaged Negro neighborhoods believe they suffer constant abuses by local merchants.

Significant grievances concerning unfair commercial practices affecting Negro consumers were found in 11 of the 20 cities studied by the Commission. The fact that most of the merchants who operate stores in almost every Negro area are white undoubtedly contributes to the conclusion among Negroes that they are exploited by white society.

It is difficult to assess the precise degree and extent of exploitation. No systematic and reliable survey comparing consumer pricing and credit practices in all-Negro and other neighborhoods has ever been conducted on a nationwide basis. Differences in prices and credit practices between white middle- income areas and Negro low-income areas to some extent reflect differences in the real costs of serving these two markets (such as differential losses from pilferage in supermarkets), but the exact extent of these differential real costs has never been estimated accurately. Finally, an examination of exploitative consumer practices must consider the particular structure and functions of the low-income consumer durables market.

Installment Buying

This complex situation can best be understood by first considering certain basic facts:

• Various cultural factors generate constant pressure on low-income families to buy many relatively expensive durable goods and display them in their homes. This pressure comes in part from continuous exposure to commercial advertising, especially on television. In January 1967, over 88 percent of all Negro households had TV sets. A 1961 study of 464 low-income families in New York City showed that 95 percent of these relatively poor families had TV sets.

• Many poor families have extremely low incomes, bad previous credit records, unstable sources of income, or other attributes which make it virtually impossible for them to buy merchandise from established large national or local retail firms. These families lack enough savings to pay cash, and they cannot meet the standard credit requirements of established general merchants because they are too likely to fall behind in their payments.

• Poor families in urban areas are far less mobile than others. A 1967 Chicago study of low-income Negro households indicated their low automobile ownership compelled them to patronize primarily local neighborhood merchants. These merchants typically provided smaller selection, poorer services, and higher prices than big national outlets. The 1961 New York study also indicated that families who shopped outside their own neighborhoods were far less likely to pay exorbitant prices.

• Most low-income families are uneducated concerning the nature of credit purchase contracts, the legal rights and obligations of both buyers and sellers, sources of advice for consumers who are having difficulties with merchants, and the operation of the courts concerned with these matters. In contrast, merchants engaged in selling goods to them are very well informed.

• In most states, the laws governing relations between consumers and merchants in effect offer protection only to informed, sophisticated parties with understanding of each other's rights and obligations. Consequently, these laws are little suited to protect the rights of most low-income consumers.

In this situation, exploitative practices flourish. Ghetto residents who want to buy relatively expensive goods cannot do so from standard retail outlets and are thus restricted to local stores. Forced to use credit, they have little understanding of the pitfalls of credit buying. But because they have unstable incomes and frequently fail to make payments, the cost to the merchants of serving them is significantly above that of serving middle-income consumers. Consequently, a special kind of merchant appears to sell them goods on terms designed to cover the high cost of doing business in ghetto neighborhoods.

Whether they actually gain higher profits, these merchants charge higher prices than those in other parts of the city to cover the greater credit risks and other higher operating costs inherent in neighborhood outlets. A recent study conducted by the Federal Trade Commission in Washington, D. C., illustrates this conclusion dramatically. The FTC identified a number of stores specializing in selling furniture and appliances to low-income households. About 92 percent of the sales of these stores were credit sales involving installment purchases, as compared to 27 percent of the sales in general retail outlets handling the same merchandise.

The median income annually of a sample of 486 customers of these stores was about $4,200, but one-third had annual Incomes below $3,600, about 6 percent were receiving welfare payments, and another 76 percent were employed in the lowest paying occupations (service workers, operatives, laborers, and domestics) -- as compared to 36 percent of the total labor force in Washington in those occupations.

Definitely catering to a low-income group, these stores charged significantly higher prices than general merchandise outlets in the Washington area. According to testimony by Paul Rand Dixon, Chairman of the FTC, an item selling wholesale at $100 would retail on the average for $165 in a general merchandise store, and for $250 in a low-income specialty store. Thus, the customers of these outlets were paying an average price premium of about 52 percent.

While higher prices are not necessarily exploitative in themselves, many merchants in ghetto neighborhoods take advantage of their superior knowledge of credit buying by engaging in various exploitative tactics -- high-pressure salesmanship, bait advertising, misrepresentation of prices, substitution of used goods for promised new ones, failure to notify consumers of legal actions against them, refusal to repair or replace substandard goods, exorbitant prices or credit charges, and use of shoddy merchandise. Such tactics affect a great many low-income consumers. In the New York study, 60 percent of all households had suffered from consumer problems (some of which were purely their own fault), about 43 percent had experienced serious exploitation, and 20 percent had experienced repossession, garnishment, or threat of garnishment.

Garnishment

Garnishment practices in many states allow creditors to deprive individuals of their wages through court action without hearing or trial. In about 20 states, the wages of an employee can be diverted to a creditor merely upon the latter's deposition, with no advance hearing where the employee can defend himself. He often receives no prior notice of such action and is usually unaware of the law's operation and too poor to hire legal defense. Moreover, consumers may find themselves still owing money on a sales contract even after the creditor has repossessed the goods. The New York study cited earlier in this chapter indicated that 20 percent of a sample of low-income families had been subject to legal action regarding consumer purchases. And the Federal Trade Commission study in Washington, D. C., showed that retailers specializing in credit sales of furniture and appliances to low-income consumers resorted to court action on the average for every $2,200 of sales. Since their average sale was for $207, this amounted to using the courts to collect from one of every 11 customers. In contrast, department stores in the same area used court action against approximately one of every 14,500 customers. [5]

Variations in Food Prices

Residents of low-income Negro neighborhoods frequently claim that they pay higher prices for food in local markets than wealthier white suburbanites and receive inferior quality meat and produce. Statistically reliable information comparing prices and quality in these two kinds of areas is generally unavailable. The U. S. Bureau of Labor Statistics, studying food prices in six cities in 1966, compared prices of a standard list of 18 times in low-income areas and higher-income areas in each city. In a total of 180 stores, including independent and chain stores, and for items of the same type sold in the same types of stores, there were no significant differences in prices between low-income and high-income areas. However, stores in low-income areas were more likely to be small independents (which had somewhat higher prices), to sell low-quality produce and meat at any given 'price, and to be patronized by people who typically bought smaller-sized packages which are more expensive per unit of measure. In other words, many low-income consumers in fact pay higher prices, although the situation varies greatly from place to place.

Although these findings must be considered inconclusive, there are significant reasons to believe that poor households generally pay higher prices for the food they buy and receive lower quality food. Low-income consumers buy more food at local groceries because they are less mobile. Prices in these small stores are significantly higher than in major supermarkets because they cannot achieve economies of scale, and because real operating costs are higher in low-income Negro areas than in outlying suburbs. For instance, inventory "shrinkage" from pilfering and other causes is normally under 2 percent of sales, but can run twice as much in high-crime areas. Managers seek to make up for these added costs by charging higher prices for good quality food, or by substituting lower grades.

These practices do not necessarily involve "exploitation," but they are often perceived as exploitative and unfair by those who are aware of the price and quality differences involved, but unaware of operating costs. In addition, it is probable that genuinely exploitative pricing practices exist in some areas. In either case, differential food prices constitute another factor convincing urban Negroes in low-income neighborhoods that whites discriminate against them.
_______________

Notes:

1. The problem of interpreting and evaluating "rising" crime rates is complicated by the changing age distribution of the population. improvements in reporting methods, and the increasing willingness of victims to report crimes. Despite these complications, there is general agreement on the serious increase in the incidence of crime in the United States.

2. Assuming those cities will experience the same proportion of total United States Negro population growth that they did from 1960 to 1966.

3. Public programs of various kinds have been providing significant financial assistance for medical care in recent years. In 1964, over $1.1 billion was paid out by various governments for such aid. About 55 percent came from federal government agencies, 33 percent from states, and 12 percent from local governments. The biggest contributions were made by the Old Age Assistance program and the Medical Assistance for the Aged program. The enactment of Medicare in 1965 has significantly added to this flow of public assistance for medical aid. However. it is too early to evaluate the results upon health conditions among the poor.

4. Memorandum  to the Commission dated November 16, 1967, from Robert Patricelli, Minority Counsel, Subcommittee on Employment Manpower and overly, U.S. Senate.

5.  Assuming their sales also averaged $207 per customer.
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Report of the National Advisory (Kerner Report 1967)

Postby admin » Tue May 03, 2016 5:03 am

Chapter 9: Comparing the Immigrant and Negro Experience

We have in the preceding chapters surveyed the historical background of racial discrimination and traced its effects on Negro employment, on the social structure of the ghetto community, and on the conditions of life that surround the urban Negro poor. Here we address a fundamental question that many white Americans are asking today: why has the Negro been unable to escape from poverty and the ghetto like the European immigrants?

THE MATURING ECONOMY

The changing nature of the American economy is one major reason. When the European immigrants were arriving in large numbers, America was becoming an urban-industrial society. To build its major cities and industries, America needed great pools of unskilled labor. The immigrants provided the labor, gained an economic foothold, and thereby enabled their children and grandchildren to move up to skilled, white collar, and professional employment.

Since World War II, especially, America's urban-industrial society has matured; unskilled labor is far less essential than before, and blue-collar jobs of all kinds are decreasing in number and importance as a source of new employment. The Negroes who migrated to the great urban centers lacked the skills essential to the new economy; and the schools of the ghetto have been unable to provide the education that can qualify them for decent jobs. The Negro migrant, unlike the immigrant, found little opportunity in the city; he had arrived too late, and the unskilled labor he had to offer was no longer needed.

THE DISABILITY OF RACE

Racial discrimination is undoubtedly the second major reason why the Negro has been unable to escape from poverty. The structure of discrimination has persistently narrowed his opportunities and restricted his prospects. Well before the high tide of immigration from overseas, Negroes were already relegated to the poorly paid, low status occupations. Had it not been for racial discrimination, the North might well have recruited Southern Negroes after the Civil War to provide the labor for building the burgeoning urban-industrial economy. Instead, Northern employers looked to Europe for their sources of unskilled labor. Upon the arrival of the immigrants, the Negroes were dislodged from the few urban occupations they had dominated. Not until World War II were Negroes generally hired for industrial jobs, and by that time the decline in the need for unskilled labor had already begun. European immigrants, too, suffered from discrimination, but never was it so pervasive as the prejudice against color in America, which has formed a bar to advancement, unlike any other.

ENTRY INTO THE POLITICAL SYSTEM

Political opportunities also played an important role in enabling the European immigrants to escape from poverty. The immigrants settled for the most part in rapidly growing cities that had powerful and expanding political machines, which gave them economic advantages in exchange for political support. The political machines were decentralized; and ward-level grievance machinery, as well as personal representation, enabled the immigrant to make his voice heard and his power felt. Since the local political organizations exercised considerable influence over public building in the cities, they provided employment in construction jobs for their immigrant voters. Ethnic groups often dominated one or more of the municipal services -- police and fire protection, sanitation, and even public education.

By the time the Negroes arrived, the situation had altered dramatically. The great wave of public building had virtually come to an end; reform groups were beginning to attack the political machines; the machines were no longer so powerful or so well equipped to provide jobs and other favors.

Although the political machines retained their hold over the areas settled by Negroes, the scarcity of patronage jobs made them unwilling to share with the Negroes the political positions they had created in these neighborhoods. For example, Harlem was dominated by white politicians for many years after it had become a Negro ghetto; even today, New York's Lower East Side, which is now predominantly Puerto Rican, is strongly influenced by politicians of the older immigrant groups.

This pattern exists in many other American cities. Negroes are still underrepresented in city councils and in most city agencies.

Segregation played a role here too. The immigrants and their descendants felt threatened by the arrival of the Negro and prevented a Negro-immigrant coalition that might have saved the old political machines. Reform groups, nominally more liberal on the race issue, were often dominated by businessmen and middle-class city residents who usually opposed coalition with any low-income group, white or black.

CULTURAL FACTORS

Cultural factors also made it easier for the immigrants to escape from poverty. They came to America from much poorer societies, with a low standard of living, and they came at a time when job aspirations were low. When most jobs in the American economy were unskilled, they sensed little deprivation in being forced to take the dirty and poorly paid jobs. Moreover, their families were large, and many breadwinners, some of whom never married, contributed to the total family income. As a result, family units managed to live even from the lowest paid jobs and still put some money aside for savings or investment, for example, to purchase a house or tenement, or to open a store or factory. Since the immigrants spoke little English and had their own ethnic culture, they needed stores to supply them with ethnic foods and other services. Since their family structures were patriarchal, men found satisfactions in family life that helped compensate for the bad jobs they had to take and the hard work they had to endure.

Negroes came to the city under quite different circumstances. Generally relegated to jobs that others would not take, they were paid too little to be able to put money in savings for new enterprises. Since they spoke English, they bad no need for their own stores; besides, the areas. they occupied were already filled with stores. In addition, Negroes lacked the extended family characteristic of certain European groups -- each household usually had only one or two bread• winners. Moreover, Negro men had fewer cultural incentives to work in a dirty job for the sake of the family. As a result of slavery and of long periods of male unemployment afterwards, the Negro family structure had become matriarchal; the man played a secondary and marginal role in his family. For many Negro men, then, there were few of the cultural and psychological rewards of family life. A marginal figure in the family, particularly when unemployed, Negro men were often rejected by their wives or often abandoned their homes because they felt themselves useless to their families.

Although most Negro men worked as hard as the immigrants to support their families, their rewards were less. The jobs did not pay enough to enable them to support their families, for prices and living standards had risen since the immigrants had come, and the entrepreneurial opportunities that had allowed some immigrants to become independent, even rich, had vanished. Above all, Negroes suffered from segregation, which denied them access to the good jobs and the right unions, and which deprived them of the opportunity to buy real estate or obtain business loans or move out of the ghetto and bring up their children in middle-class neighborhoods. Immigrants were able to leave their ghettos as soon as they had the money; segregation has denied Negroes the opportunity to live elsewhere.

THE VITAL ELEMENT OF TIME

Finally, nostalgia makes it easy to exaggerate the ease of escape of the white immigrants from the ghettos. When the immigrants were immersed in poverty, they too lived in slums, and these neighborhoods exhibited fearfully high rates of alcoholism, desertion, illegitimacy, and the other pathologies associated with poverty. Just as some Negro men desert their families when they are unemployed and their wives can get jobs, so did the men of other ethnic groups, even though time and affluence has clouded white memories of the past.

Today, whites tend to exaggerate how well and how quickly they escaped from poverty, and contrast their experience with poverty-stricken Negroes. The fact is, among many of the Southern and Eastern Europeans who came to America in the last great wave of immigration, those who came already urbanized were the first to escape from poverty. The others who came to America from rural backgrounds, as Negroes did, are only now, after three generations, in the final stages of escaping from poverty. Until the last 10 years or so, most of these were employed in blue-collar jobs, and only a small proportion of their children were able or willing to attend college. In other words, only the third, and in many cases, only the fourth generation has been able to achieve the kind of middle-class income and status that allows it to send its children to college. Because of favorable economic and political conditions, these ethnic groups were able to escape from lower-class status to working class and lower middle-class status, but it has taken them three generations.

Negroes have been concentrated in the city for only two generations, and they have been there under much less favorable conditions. Moreover, their escape from poverty has been blocked in part by the resistance of the European ethnic groups; they have been unable to enter some unions and to move into some neighborhoods outside the ghetto because descendants of the European immigrants who control these unions and neighborhoods have not yet abandoned them for middle-class occupations and areas.

Even so, some Negroes have escaped poverty, and they have done so in only two generations; their success is less visible than that of the immigrants in many cases, for residential segregation has forced them to remain in the ghetto. Still, the proportion of nonwhites employed in white-collar, technical, and professional jobs has risen from 10.2 percent in 1950 to 20.8 percent in 1966, and the proportion attending college has risen an equal amount. Indeed, the development of a small but steadily increasing Negro middle class while the greater part of the Negro population is stagnating economically is creating a growing gap between Negro haves and have-nots.

This gap, as well as the awareness of its existence by those left behind, undoubtedly adds to the feelings of desperation and anger which breed civil disorders. Low-income Negroes realize that segregation and lack of job opportunities have made it possible for only a small proportion of all Negroes to escape poverty and the summer disorders are at least in part a protest against being left behind and left out.

The immigrant who labored long hours at hard and often menial work had the hope of a better future, if not for himself then for his children. This was the promise of the "American dream" -- the society offered to all a future that was open-ended; with hard work and perseverance, a man and his family could in time achieve not only material well-being but "position" and status.

For the Negro family in the urban ghetto, there is a different vision -- the future seems to lead only to a dead-end.

What the American economy of the late 19th and early 20th century was able to do to help the European immigrants escape from poverty is now largely impossible. New methods of escape must be found for the majority of today's poor.
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Report of the National Advisory (Kerner Report 1967)

Postby admin » Tue May 03, 2016 5:18 am

PART 3: WHAT CAN BE DONE?

Chapter 10: The Community Response

INTRODUCTION


The racial disorders of last summer in part reflect the failure of all levels of government -- federal and state as well as local -- to come to grips with the problems of our cities. The ghetto symbolizes the dilemma: a widening gap between human needs and public resources and a growing cynicism regarding the commitment of community institutions and leadership to meet these needs.

The problem has many dimensions -- financial, political and institutional. Almost all cities -- and particularly the central cities of the largest metropolitan regions -- are simply unable to meet the growing need for public services and facilities with traditional sources of municipal revenue. Many cities are structured politically so that great numbers of citizens -- particularly minority groups -- have little or no representation in the processes of government Finally, many cities lack both the will and the capacity to use effectively the resources that are available to them.

Instrumentalities of federal and state government often compound the problems. National policy expressed through a very large number of grant programs and institutions rarely exhibits a coherent and consistent perspective when viewed at the local level. State efforts, traditionally focused on rural areas, often fail to tie in effectively with either local or federal programs in urban areas.

Meanwhile, the decay of the central city continues-its revenue base eroded by the retreat of industry and white middle- class families to the suburbs, its budget and tax rate inflated by rising costs and increasing numbers of dependent citizens and its public plant schools, hospitals and correctional institutions deteriorated by age and long deferred maintenance.

Yet to most citizens, the decay remains largely invisible. Only their tax bills and the headlines about crime or "riots" suggest that something may be seriously wrong in the city.

There are, however, two groups of people that live constantly with the problem of the city: the public officials and the poor, particularly the residents of the racial ghetto. Their relationship is a key factor in the development of conditions underlying civil disorders.

Our investigations of the 1967 riot cities establishes that:

Virtually every major episode of urban violence in the summer of 1967 was foreshadowed by an accumulation of unresolved grievances by ghetto residents against local authorities (often, but not always, the police). So high was the resulting underlying tension, that routine and random events, tolerated or ignored under most circumstances (such as the raid on the "Blind Pig" in Detroit and the arrest of the cab driver in Newark) became the triggers of sudden violence.

Coinciding with this high level of dissatisfaction, confidence in the willingness and ability of local government to respond to Negro grievances was low. Evidence presented to this Commission in hearings, field reports and research analyses of the 1967 riot cities, establishes that a substantial number of Negroes were disturbed and angry about local governments' failures to solve their problems.


Several developments have converged to produce this volatile situation.

First, there is a widening gulf in communications between local government and the residents of the erupting ghettos of the city. As a result, ghetto residents develop a profound sense of isolation and alienation from the processes and programs of government. This lack of communication exists for all residents in our larger cities; it is, however, far more difficult to overcome for low income, less educated citizens who are disproportionately supported by and dependent upon programs administered by agencies of local government. Consequently, they are more often subject to real or imagined official misconduct ranging from abrasive contacts with public officials to arbitrary administrative actions.

Further, as a result of the long history of racial discrimination, grievances experienced by Negroes often take on personal and symbolic significance transcending the immediate consequences of the event. For example, inadequate sanitation services are viewed by many ghetto residents not merely as instances of poor public service but as manifestations of racial discrimination. This perception reinforces existing feelings of alienation and contributes to a heightened level of frustration and dissatisfaction, not only with the administrators of the sanitation department, but with all the representatives of local government. This is particularly true with respect to the police, who are the only public agents on duty in the ghetto 24 hours a day and who bear this burden of hostility for the less visible elements of the system.

The lack of communication and the absence of regular contacts with ghetto residents prevents city leaders from learning about problems and grievances as they develop. As a result, tensions which could have been dissipated if responded to promptly, mount unnecessarily and the potential for explosion grows inevitably. Once trouble erupts, public officials are frequently unable to fashion an effective response; they lack adequate information about the nature of the trouble and its causes and they lack rapport with local leaders who might be able to influence the community.

Second, many city governments are poorly organized to respond effectively to the needs of ghetto residents, even when these needs are made known to appropriate public officials. Most middle class city dwellers have limited contacts with local government. When contacts do occur they tend to concern relatively narrow and specific problems. Furthermore, middle-class citizens, although subject to many of the same frustrations and resentments in dealing with the public bureaucracy as ghetto residents, find it relatively easy to locate the appropriate agency for help and redress. If they fail to get satisfaction, they can call on a variety of remedies -- assistance of elected representatives, friends in government, a lawyer. In short, the middle-class city dweller has relatively fewer needs for public services and is reasonably well p0sitioned to move the system to his benefit.

Almost by definition, on the other hand, the typical ghetto resident has complicated social and economic problems which often require the services of a whole variety of government and private agencies. At the same time, he may be unable to break down his problems in ways which fit the complicated structure of government. Moreover, he is often unaware of his rights and opportunities as they exist under public programs and unable to develop the necessary guidance from either public or private sources.

Current trends in municipal administration have had the effect of reducing the capacity of local government to respond effectively to these problems. The pressures for administrative efficiency and cost-cutting have brought about the withdrawal of many of the operations of city government from direct contact with neighborhood and citizen. The introduction of a merit system and a professionalized civil service has made the cities far more businesslike, but it has also tended to depersonalize government and isolate it from the individual. The spreading of the ghetto and the rigid patterns of segregation within the central city have widened further the distance between Negro citizens and city hall. Red tape and administrative complexity have filled the vacuum created by the centralization of local government.

In most of the riot cities surveyed by the Commission, we found little or no meaningful coordination among city agencies either in responding to the needs of ghetto residents on an ongoing basis or in planning to head off disturbances. The consequences of this lack of coordination were particularly severe for the police. Despite the fact that they were being called upon increasingly to deal with tensions and citizen complaints having little, if anything, to do with police services, the police departments of many large cities were isolated from other city agencies, sometimes including the mayor and his staff. In these cities, the police were compelled to deal with ghetto residents angered over dirty streets, dilapidated housing, unfair commercial practices or inferior schools -- grievances which they had neither the responsibility for creating, nor the authority to redress.

Third, ghetto residents increasingly believe that they are excluded from the decision-making process which affects their lives and community. This feeling of exclusion, intensified by the bitter legacy of racial discrimination, has engendered a deep seated hostility toward the institutions of government. It has severely compromised the effectiveness of programs intended to provide improved services to ghetto residents.

In part, this is the lesson of Detroit and New Haven where well intentioned programs designed to respond to the needs of ghetto residents were not worked out and implemented sufficiently in cooperation with the intended beneficiaries. A report prepared for the Senate Subcommittee on Employment, Manpower and Poverty presented just prior to the riot in Detroit, found that:

Area residents ... complain almost continually that their demands for program changes are not heeded, that they have little voice in what goes on.... As much as the area residents are involved, listened to, and even heeded, ... it becomes fairly clear that the relationship is still one of superordinate-subordinate, rather than one of equals ... the procedures by which HRD [the Mayor's Committee for Human Resources Development. the Detroit Community Action Agency] operates by and large, admits the contributions of area residents only after programs have been written, after policies have already operated for a time or already been formulated, and to a large degree, only in formal and infrequent meetings rather than in day-today operations .... The meaningfulness of resident involvement is reduced by its after-the-fact nature and by relatively limited resources they have at their disposal. [1]


Mayor Alfonso J. Cervantes of St. Louis was even more explicit In testimony before this Commission, he stated that:

We have found that ghetto neighborhoods cannot be operated on from outside alone. The people within them should have a voice, and our experience has shown that it is often a voice that speaks with good sense, since the practical aspect of the needs of the ghetto people are so much clearer to the people there than they are to anyone else.


The political system, traditionally an important vehicle for minorities to participate effectively in decisions affecting the distribution of public resources, has not worked for the Negro as it has for other groups. Causes are not hard to find.

We have shown that the number of Negro officials in elected and appointed positions in the riot cities is minimal in proportion to the Negro population. The alienation of the Negro from the political process has been exacerbated by his racial and economic isolation.

Specifically, the needs of ghetto residents for social welfare and other public services have swelled dramatically at a time when increased affluence has diminished the need for such services by the rest of the urban population. By reducing disproportionately the economic disability of other portions of the population, particularly other ethnic urban minorities, this affluence has left the urban Negro few potential local allies with whom to make common cause for shared objectives. The development of political alliances, essential to effective participation of minority groups in the political process, has been further impaired by the polarization of the races, which on both sides has transformed economic considerations into racial issues.

Finally, these developments have coincided with the demise of the historic urban political machines and the growth of the "city manager" concept of government. While this tendency has produced major benefits in terms of honest and efficient administration, it has eliminated an important political link between city government and low-income residents.

These conditions have produced a vast and threatening disparity in perceptions of the intensity and validity of Negro dissatisfaction. Viewed from the perspective of the ghetto resident, city government appears distant and unconcerned, the possibility of effective change remote. As a result, tension rises perceptibly; the explosion comes as the climax to a progression of tension-generating incidents. To the city administration, unaware of this growing tension or unable to respond effectively to it, the outbreak of disorder comes as a shock.

No democratic society can long endure the existence within its major urban centers of a substantial number of citizens who feel deeply aggrieved as a group, yet lack confidence in the government to rectify perceived injustice and in their ability to bring about needed change.

We are aware that reforms in existing instruments of local government and their relationship to the ghetto population will mean little unless joined with sincere and comprehensive response to the severe social and economic needs of ghetto residents. Elsewhere in this Report we make specific recommendations with respect to employment, education, welfare, housing and other programs which we hope will meet some of these needs.

We believe, however, that there are measures which can and should be taken now; that they can be put to work without great cost and without delay; that they can be built upon in the future and that they will effectively reduce the level of grievance and tension as well as improve the responsiveness of local government to the needs of ghetto residents.

BASIC STRATEGY AND GOALS

To meet the needs identified above, we recommend pursuit of a comprehensive strategy, which would accomplish the following goals:

• Effective communication between ghetto residents and local government.

• Improved ability of local government to respond to the needs and problems of ghetto residents.

• Expanded opportunities for indigenous leadership to participate in shaping decisions and policies which affect their community.

• Increased accountability of public officials.

We recognize that not all of the programs proposed below to implement the foregoing goals can be instituted with the immediacy which the problem requires. Because the need for action at the local level, where government impinges directly upon the ghetto resident, is particularly urgent, we propose that our suggested programs be implemented in two phases. It is vital, however, that the first phase programs not be regarded or perceived as short term anti-riot efforts calculated to cool already inflamed situations. These programs will have little chance of succeeding unless they are part of a long-range commitment to action designed to eliminate the fundamental sources of grievance and tension.

PROGRAMS: FIRST PHASE ACTIONS

Establishment of Neighborhood Action Task Forces


To open channels of communication between government and ghetto residents, improve the capacity of the city administration to respond effectively to community needs and provide opportunity for meaningful citizen participation in decision-making, we recommend establishment of joint government-community Neighborhood Action Task Forces covering each neighborhood within the city which has a high proportion of low-income minority citizens. While the exact form of these groups will depend upon the size and needs of each municipality, the following basic features should be incorporated:

Composition: Each Task Force should include a key official in the mayor's office with direct and immediate access to the mayor, ranking city officials from the operating agencies servicing the ghetto community, elected leaders, representatives from the local business, labor, professional and church communities and neighborhood leaders, including representatives of community organizations of all orientations and youth leaders. Each Task Force would be headed by the mayor's representative. In the larger cities, each of these chairmen would sit as a member of a city-wide Urban Action Task Force.

Functions: The Neighborhood Action Task Forces should meet on a regular basis at a location accessible to ghetto residents. These meetings will afford an opportunity for ghetto leaders to communicate directly with the municipal administrators for their area to discuss problems and programs which affect the community. In effect, this device furnishes an interagency coordinating mechanism on the one hand and a "community cabinet" on the other.

Ghetto residents should be able to rely on the capacity of the Task Force to cut through the maze of red tape and to overcome bureaucratic barriers in order to make things -- collection of garbage, removal of abandoned cars, installation of lights in the park, establishment of playstreets -- happen. To accomplish this purpose, the participating city officials should be those with operational decision-making authority. Lesser staff or public relations personnel will not be able to provide the confrontation and interaction with the community representatives which is essential to the effective functioning of the Task Force. Moreover, there is grave danger that opening channels of communication without providing opportunities for obtaining relief will further estrange ghetto residents. If this is not to happen, the Task Force should have a meaningful and realistic capacity for securing redress of grievances. For the same reason, it is essential that the Task Force have the full and energetic support of the mayor and the city council.

The potential for responding effectively to community needs is not limited to available public resources. Acting through business, labor and church members and local Urban Coalitions which have already been formed, the Task Force will have a capacity to involve the resources of the private sector in meeting needs within the ghetto. Possibilities range from support of special summer youth programs (weekend trips, recreation events, camping programs) to provision of cultural and employment opportunities on a year-round basis.

The Neighborhood Action Task Force can playa significant role with respect to youth activities. One possibility involves the establishment of Youth Councils which would employ young street leaders (regardless of previous police records) to develop community programs for other alienated youth. These activities might include organizing and operating remedial libraries, neighborhood cleanup campaigns, police-community dialogues and sports competitions in their own neighborhoods.

Finally, the Task Force can make a major contribution to the prevention of civil disorders. If the Task Force has been successful in achieving the objectives stressed above, its members will have gained the confidence of a wide spectrum of ghetto residents. This will enable it to identify potentially explosive conditions and, working with the police, to take action to defuse the situation.

Similarly, the Task Force could have considerable effectiveness in handling threatening incidents identified by the police. To accomplish this objective, an early warning system could be instituted during the critical summer months. Operating on a 24-hour basis, such a system would have the capacity to receive and evaluate police reports of potentially serious incidents and to initiate an appropriate non-police response, utilizing community contacts and Task Force personnel. Any such operation must have the cooperation of the police, who will be in control of the overall disorder response. To avoid confusion and duplication of effort, the Task Force should have responsibility for coordinating the efforts of all agencies, other than police and fire, once a disturbance has occurred. An example will serve to illustrate how such a system might operate.

Following the slaying last summer of a Negro teen-ager by a Negro detective in the Bedford-Stuyvesant section of Brooklyn, New York, a rumor that the youth bad been shot by a white policeman and that the police were trying to suppress this information began to circulate through an already tense neighborhood. The situation became threatening. Yet, within an hour, three white members of the mayor's summer task force group were able to convince a group of black militants that the police version was true. Walking the streets that night and the next two evenings, they worked to dispel the rumor and to restore community stability.

In the larger cities, the Urban Action Task Force could have responsibility for coordinating the programs of various municipal agencies, concentrating their impact on poverty areas and planning for the more effective implementation of existing public efforts.

The Commission believes that the Task Force approach can do precisely what other forms of neighborhood organizations have not been able to do. It can connect the real needs and priorities of low-income residents with the energies and resources of both city government and the private sector. It can substantially improve the quality and timeliness of city services to these areas. It will fail unless all of the groups involved are prepared to deal fairly and openly with the problems of the community. But if it succeeds, it will not only produce improved services but help to generate a new sense of community, as well.

Establishment of Effective Grievance-Response Mechanisms

Effective implementation of the Neighborhood Action Task Forces will depend upon the continuing commitment of the city administration to its success. To ensure continuous attention to many of the sources of tension identified above, we recommend that formal mechanisms for the processing of grievances, many of which will relate to the performance of the city government, be established independent of the local administration.

We are convinced, on the record before this Commission, that the frustration reflected in the recent disorders results, in part at least, from the lack of accessible and visible means of establishing the merits of grievances against the agencies of local and state government, including but not limited to the police. Cities and states throughout the country now have under consideration various forms of grievance-response devices. While we are not prepared to specify the form which such a mechanism should take in any particular community, there are certain criteria which should be met. These include:

• Independence: This can be achieved by long term appointment of the administrator, subject to City Council removal. The grievance agency should be separate from operating municipal agencies.

• Adequate staff and funding: Exact costs will vary depending on the size and needs of the city's population. It is most important that the agency have adequate funds and staff to discharge its responsibilities.

• Comprehensive coverage of grievances against public agencies and authorities: General jurisdiction will facilitate access by grievants. Moreover, unlike specialized, complaint agencies, such as civilian review boards, all agencies would be brought equally under public scrutiny. This should facilitate its acceptance by public officials.

• Power to receive complaints, hold hearings, subpoena witnesses, make public recommendations for remedial action to local authorities and, in cases involving violation of law, bring suit. These powers are the minimum necessary to the effective operation of the grievance mechanism. As we envision it, the agency's principal power derives from• its authority to investigate and make public findings and recommendations. It should, of course, have a conciliation process whereby complaints could be resolved without full investigation and processing.

• Accessibility: In large cities, access may require setting up neighborhood offices in ghetto areas. In others, local resident aides could be empowered to receive complaints. It should be possible to file a grievance orally or in writing. If forms are used, they should be easily understood and widely available.

• Participation in grievance process: Grievants should be given full opportunity to take part in all proceedings and to be represented by counsel. They should receive prompt advice of action taken, and results of investigations should be made public.

Expanded Legal Service to the Poor

Among the most intense grievances underlying the riots of the summer 1967 were those which derived from conflicts between ghetto residents .and private parties, principally the white landlord and merchant. Though the legal obstacles are considerable, resourceful and imaginative use of available legal processes could contribute significantly to the alleviation of tensions resulting from these and other conflicts. Moreover, through the adversary process which is at the heart of our judicial system, litigants are afforded meaningful opportunity to influence events which affect them and their community. However, effective utilization of the courts requires legal assistance, a resource seldom available to the poor.

Litigation is not the only need which ghetto residents have for legal service. Participation in the grievance procedures suggested above may well require legal assistance. More importantly, ghetto residents have need of effective advocacy of their interests and concerns in a variety of other contexts, from representation before welfare agencies and other institutions of government to advocacy before planning boards and commissions concerned with the formulation of development plans. Again, professional representation can provide substantial benefits in terms of overcoming the ghetto resident's alienation from the institutions of government by implicating him in its processes. Although lawyers function in precisely this fashion for the middle-class clients, they are too often not available to the impoverished ghetto resident.

The Legal Services Program administered by the Office of Economic Opportunity has made a good beginning in providing legal assistance to the poor. Its present level of effort should be substantially expanded through increased private and public funding. In addition, the participation of law schools should be increased through development of programs whereby advanced students can provide legal assistance as a regular part of their professional training. In all of these efforts, the local bar bears major responsibility for leadership and support.

Assistance for Mayors and City Councils

In the chapters that follow we direct attention to broad strategies and programs of national action. Yet the capacity of the Federal Government to affect local problems depends to a great extent on the capacity of city government to respond competently to federal program initiatives.

In the face of the bewildering proliferation of both community demands and local, state and federal programs, mayors and city councils need to create new mechanisms to aid in decision making, program planning and coordination. At this time, however, no assistance is available to develop these new and critically necessary institutional capabilities or to support the required research, consultants, staff or other vital components of administrative or legislative competence.

The Commission recommends, therefore, that both the state and federal governments provide financial assistance to cities for these purposes as a regular part of all urban program funding.

Hearings on Ghetto Problems and Enactment of Appropriate Local Legislation

 Many of the grievances identified in our study of the conditions underlying civil disorders can be redressed only through legislative action. Accordingly, we recommend that the legislative body of each city with a substantial minority population hold., as soon as possible, a series of hearings on ghetto problems. In large cities, these hearings could well be held in the ghetto itself to facilitate full citizen participation.

In addition to establishing a foundation for needed legislative measures, these hearings would constitute a visible demonstration of governmental concern for the problems of ghetto residents. They would also provide a most useful means of bridging the communications gap, contributing to an improved understanding in the white community about the conditions of ghetto life.

Expanded Employment by City Government of Ghetto Residents

We strongly recommend that local government undertake a concerted effort to provide substantial employment opportunities for ghetto residents. Local governments now employ 6.4 million people full-time, most of whom live in urban areas; they comprise one of the fastest growing segments of the economy. This offers an opportunity of the greatest significance for local government to respond to one of the most critical needs of ghetto residents and, at the same time, to decrease the distance between city hall and the ghetto by deliberate employment, training and upgrading of Negroes.

To accomplish this goal, we recommend that municipal authorities review applicable civil service policies and job standards and take prompt action to remove arbitrary barriers to employment of ghetto residents. Re-evaluation is particularly necessary with respect to requirements relating to employment qualification tests and police records. Leadership by city government in this vital area is of urgent priority, not only because of the important public employment potential, but also to stimulate private employers to take similar action.

SECOND PHASE ACTIONS

Establishment of Neighborhood City Halls


The Neighborhood Action Task Force concept provides a basis on which lasting structures can be erected. The principal change required in order to transform the official component of the Task Force into a permanent instrument of local government involves the establishment of offices in the neighborhoods served. Depending on the size and composition of the neighborhood, the permanent staff should include an assistant mayor, representatives of the municipal agencies, the city councilman's staff and other institutions and groups included in the Task. Force. This facility would function, in effect, as a "Neighborhood City Hall."

The Neighborhood City Hall would accomplish several interrelated objectives. It would contribute to the improvement of public services by providing an effective channel for low-income citizens to communicate their needs and problems to the appropriate public officials and by increasing the ability of local government to respond in a coordinated and timely fashion. It would serve as the eyes and ears of the mayor and council and furnish an informal forum for complaints and grievances. It would make information about government programs and services available to ghetto residents, enabling them to make more effective use of such programs and services and making clear the limitation on the availability of all such programs and services. It would expand opportunities for meaningful community access to and involvement in the planning and implementation of policy affecting their neighborhood. Most important, the Neighborhood City Hall, building on the Task Force approach, affords a significant opportunity to accomplish the democratic goal of making government closer and more accountable to the citizen.

Development of Multi-Service Centers

Frequently, services vital to the ghetto resident -- job placement and location, health care, legal assistance -- are inaccessible because they are located at considerable distance from the ghetto, a distance often made greater by the lack of efficient public transportation. This problem is compounded by the fact that many key service institutions are fragmented, requiring those seeking assistance to pursue it at various locations scattered throughout a large urban area.

To meet this need, the Office of Economic Opportunity has funded over 700 multi-service centers in ghetto areas throughout the country since 1964. Many of these have been small store-front operations housing OEO-funded services. Some, as in Detroit, have had a fairly wide range of services and have served a large number of families.

The principal problem has been that most centers have not been comprehensive enough. They rarely include traditional city and state agency services. Many relevant federal programs 3!e seldom located in the same center. Manpower and education programs from HEW and the Labor Department, for example, have been housed in separate centers without adequate consolidation or coordination either geographically or programmatically.

The resulting proliferation led the President to call upon the Department of Housing and Urban Development to establish comprehensive "one stop service centers." The experience thus far indicates the need for more effective coordination of federal programs at the national and regional levels. Legislation may be required to simplify grant procedures and assure such coordination.

Each center should have enough neighborhood workers to reach out into the homes of needy people who are not able to seek help. To assure that the service centers are relevant to the needs and styles of the neighborhood, ghetto residents should be trained and employed at all levels. This purpose can well be served through establishment and involvement of Community Service Center Councils to establish overall policy.

We recommend increased federal funding for comprehensive centers, and implementation of the policy guidelines proposed above.

Improved Political Representation

It is beyond the scope of this Report to consider in detail the many problems presented by the existing distribution of political power within city governments. But it is plain that the Negro ghetto resident feels deeply that he is not represented fairly and adequately under the arrangements which prevail in . many cities. This condition strikes at major democratic values.

To meet this problem, city government and the majority community should revitalize the political system to encourage fuller participation by all segments of the community. Whether this requires adoption of anyone system of representation, we are not prepared to say. But it is clear that at-large representation, currently the practice in many American cities, does not give members of the minority community a feeling of involvement or stake in city government. Further, this form of representation dilutes the normal political impact of pressures generated by a particular neighborhood or district.

Negro representation and participation in the formal structure of government can also be furthered by a concerted effort to appoint Negroes to significant policy positions in city government.

More Effective Community Participation

One of the most difficult and controversial problems we have encountered relates to ghetto demands for "self-determination" or "community control." To a limited extent, this concept was made a matter of national policy in the Economic Opportunity Act of 1964 which specified that community action programs should be developed, conducted and administered with "maximum feasible participation" of the residents of the areas and members of the groups served.

In the three years since the beginning of the war on poverty, the effort to put "maximum feasible participation" into effect has met with both success and failure. One measure of its success can be seen in the extent to which the demand for participation, even control, over a variety of programs affecting the ghetto has spilled over into the most traditional areas, such as public school administration.

But the demands made often seem intransigent and the time required for negotiation with residents extravagant. The pulling and hauling of different factions competing for control within the ghetto community sometimes makes it difficult to mount any program. Moreover, it is often easier to organize groups to oppose, complain, demonstrate and boycott than to develop and run programs.

Yet, the demand for a community voice represents a marked and desirable gain over the apathy that existed before. Despite its problems, we believe that meaningful community participation and a substantial measure of involvement in program development is an essential strategy for city government The democratic values which it advances -- providing a stake in the social system, improving the accountability of public officials -- as well as the pragmatic benefits which it provides far outweigh these costs.

The essential question which city leadership must face is the ultimate goal of community participation. In this sense, community involvement is directly related to the strategy of decentralization, for with the support of the city, neighborhood groups may become an effective force for carrying on a variety of functions-such as physical renewal and redevelopment -- which can be highly disruptive when imposed by outside authority.

If these principles are accomplished, then the choice of mechanisms will depend upon the needs of the particular community and the structure of the local government. We have described earlier in this section opportunities for meaningful community participation in the processes of government. Additional and diverse instrumentalities such as community neighborhood school boards, community planning boards, tenants' councils, youth councils, advisory committees and consumer trade organizations offer further ways of providing institutional channels for effective citizen participation in public decision-making. The crucial issue, however, is whether city government is willing to legitimate these organizations by dealing with them on a regular basis with respect to matters within their c0mpetence. We believe that such an approach offers substantial promise of improving the relationship between local government and ghetto residents.

The involvement of the ghetto community in the planning and operation of development programs need not be confined to the public arena. There is great potential in private community development corporations which can emerge from a combined public-private sponsorship and perform mixed functions for the community, including sponsorship of locally owned businesses.

A most promising approach is the neighborhood membership corporation, the first of which was established in Columbus, Ohio, in 1965 -- the East Central Citizens Organization (ECCO), under an OEO grant. Functioning as a town meeting, its members include all of the residents of a defined ghetto neighborhood (8,150 people). Its activities encompass daycare centers, credit unions, legal and medical services, newspapers, restaurants and business enterprises.

Both money and manpower will be needed from government, foundations and private business to create and assist these corporations and other new community institutions. Technical and professional support will be required. The opportunity that they offer to develop stable community ,leadership structures and constructive involvement should not be allowed to fail for lack of such support.

CONCLUSION

Finally, there remains the issue of leadership. Now, as never before, the American city has need for the personal qualities of strong democratic leadership. Given the difficulties and delays involved in administrative reorganization or institutional change, the best hope for the city in the short run lies in this powerful instrument. In most cities the mayor will have the prime responsibility.

It is in large part his role now to create a sense of commitment and concern for the problems of the ghetto community and to set the tone for the entire relationship between the institutions of city government and all the citizenry.

Part of the task is to interpret the problems of the ghetto community to the citizenry at large and to generate channels of communication between Negro and white leadership outside of government. Only if all the institutions of the community -- those outside of government as well as those inside the structure -- are implicated in the problems of the ghetto, can the alienation and distrust of disadvantaged citizens be overcome.

This is now the decisive role for the urban mayor. As leader and mediator, he must involve all those groups -- employers, news media, unions, financial institutions and others-which only together can bridge the chasm now separating the racial ghetto from the community. His goal, in effect, must be to develop a new working concept of democracy within the city.

In this effort, state government has a vital role to play. It must equip city leadership with the jurisdictional tools to deal with its problems. It must provide a fuller measure of financial and other resources to urban areas. Most importantly, state leadership is in a unique position to focus the interests and growing resources, political as well as financial, of the suburbs on the physical, social, and cultural environment of the central cities. The crisis confronting city government today cannot be met without regional cooperation. This cooperation can take many forms -- metropolitan government, regional planning, joint endeavors. It must be a principal goal, perhaps the overriding concern, of leadership at the state level to fashion a lasting and mutually productive relationship between city and suburban areas.

_______________

Notes:

1. Examination of War on Poverty, Staff and Consultants Reports, prepared by Center for Urban Studies. University of Chicago, for the Subcommittee on Employment, Manpower and Poverty, Senate Committee on Labor and Public Welfare, 90th Cong., 1st Sess., (Sept. 1967), pp. 1721 ff.  
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Report of the National Advisory (Kerner Report 1967)

Postby admin » Tue May 03, 2016 5:46 am

Chapter 11: The Police and the Community

INTRODUCTION


We have cited deep hostility between police and ghetto communities as a primary cause of the disorders surveyed by the Commission. In Newark, in Detroit, in Watts, in Harlem- in practically every city that has experienced racial disruption since the summer of 1964 -- abrasive relationships between police and Negroes and other minority groups have been a major source of grievance, tension and, ultimately, disorder.

In a fundamental sense, however, it is wrong to define the problem solely as hostility to police. In many ways the policeman only symbolizes much deeper problems.

The policeman in the ghetto is a symbol not only of law, but of the entire system of law enforcement and criminal justice.

As such, he becomes the tangible target for grievances against shortcomings throughout that system: against assembly- line justice in teeming lower courts; against wide disparities in sentences; against antiquated corrections facilities; against the basic inequities imposed by the system on the poor -- to whom, for example, the option of bail means only jail. The policeman in the ghetto is a symbol of increasingly bitter social debate over law enforcement.

One side, disturbed and perplexed by sharp rises in crime and urban violence, exerts extreme pressure on police for tougher law enforcement. Another group, inflamed against police as agents of repression, tends toward defiance of what it regards as order maintained at the expense of justice.

The policeman in the ghetto is a symbol, finally, of a society from which many ghetto Negroes are increasingly alienated.

At the same time, police responsibilities in the ghetto have grown as other institutions of social control have lost much of their authority: the schools, because so many are segregated, old, and inferior; religion, which has become irrelevant to those who lost faith as they lost hope; career aspirations, which for many young Negroes are totally lacking; the family, because its bonds are so often snapped. It is the policeman who must fill this institutional vacuum, and is then resented for the presence this effort demands.

Alone, the policeman in the ghetto cannot solve these problems. His role is already one of the most difficult in our society. He must deal daily with a range of problems and people that test his patience, ingenuity, character, and courage in ways that few of us are ever tested. Without positive leadership, goals, operational guidance, and public support, the individual policeman can only feel victimized. Nor are these problems the responsibility only of police administrators; they are deep enough to tax the courage, intelligence, and leadership of mayors, city officials, and community leaders. As Dr. Kenneth B. Clark told the Commission:

This society knows . . . that if human beings are confined in ghetto compounds of our cities, and are subjected to criminally inferior education, pervasive economic and job discrimination, committed to houses unfit for human habitation, subjected to unspeakable conditions of municipal services, such as sanitation, that such human beings are not likely to be responsive to appeals to be lawful, to be respectful, to be concerned with property of others.


And yet, precisely because the policeman in the ghetto is a symbol -- precisely because he symbolizes so much -- it is of critical importance that the police and society take every possible step to allay grievances that flow from a sense of injustice and increased tension and turmoil.

In this work, the police bear a major responsibility for making needed changes. In the first instance, they have the prime responsibility for safeguarding the minimum goal of any civilized society -- security of life and property. To do so, they are given society's maximum power -- discretion in the use of force. Second, it is axiomatic that effective law-enforcement requires the support of the community. Such support will not be present when a substantial segment of the community feels threatened by the police and regards the police as an occupying force.

At the same time, public officials also have a clear duty to help the police make any necessary changes to minimize so far as possible the risk of further disorders.

We see five basic problem areas:

• The need for change in police operations in the ghetto to ensure proper individual conduct and to eliminate abrasive practices.

• The need for more adequate police protection of ghetto residents to eliminate the present high sense of insecurity to person and property.

• The need for effective mechanisms through which the citizen can have his grievances handled.

• The need for policy guidelines to assist police in areas where police conduct can create tension.

• The need to develop community support for law enforcement.

Our discussion of each of these problem areas is followed by specific recommendations which relate directly to more effective law enforcement and to the prevention and control of civil disorders. [1]

I. POLICE CONDUCT AND PATROL PRACTICES

In an earlier era third-degree interrogations were widespread, indiscriminate arrests on suspicion were generally accepted, and "alley justice" dispensed with the nightstick was common. Yet there were few riots, and the riots which did occur generally did not arise from a police incident.

Today, many disturbances studied by the Commission began with a police incident. But these incidents were not, for the most part, the crude acts of an earlier time. They were routine, proper police actions such as stopping a motorist or raiding an illegal business. Indeed, many of the serious disturbances took place in cities whose police are among the best led, best organized, best trained and most professional in the country.

Yet some activities of even the most professional police department may heighten tension and enhance the potential for civil disorder. An increase in complaints of police misconduct, for example, may in fact be a reflection of professionalism; the department may simply be using law enforcement methods which increase the total volume of police contacts with the public. The number of charges of police misconduct may be greater simply because the volume of police-citizen contacts is higher.

Here we examine two aspects of police activities that have great tension-creating potential. Our objective is to provide recommendations to assist city and police officials in developing practices which can allay rather than contribute to tension.

Police Conduct

Negroes firmly believe that police brutality and harassment occur repeatedly in Negro neighborhoods. This belief is unquestionably one of the major reasons for intense Negro resentment against the police.

The extent of this belief is suggested by attitude surveys. In 1964, a New York Times study of Harlem showed that 43 percent of those questioned believed in the existence of police "brutality". [2] In 1965, a nationwide Gallup Poll found that 35 percent of Negro men believe there was police brutality in their areas; 7 percent of white men thought so. In 1966, a survey conducted for the Senate Subcommittee on Executive Reorganization found that 60 percent of Watts Negroes aged 15 to 19 believed there was some police brutality. Half said they had witnessed such conduct. A University of California at Los Angeles study of the Watts area found that 79 percent of the Negro males believed police lack respect for or use insulting language to Negroes and 74 percent believed police use unnecessary force in making arrests. In 1967, an Urban League study in Detroit found that 82 percent believed there was some form of police brutality.

The true extent of excessive and unjustified use of force is difficult to determine. One survey done for the Crime Commission suggests that when police-citizen contacts are systematically observed, the vast majority are handled without antagonism or incident. Of 5,339 police-citizen contacts observed in slum precincts in three large cities, in the opinion of the observer, only 20 -- about three-tenths of 1 percent -- involved excessive or unnecessary force. And although almost all of those subjected to such force were poor, more than half were white. Verbal discourtesy was more common -- 15 percent of all such contacts began with a "brusque or nasty command" on the part of the officer. Again, however, the objects of such commands were more likely to be white than Negro.

Such "observer" surveys may not fully reflect the normal pattern of police conduct. The Crime Commission Task Force concluded that although the study gave "no basis for stating the extent to which police officers used force, it did confirm that such conduct still exists in the cities where observations were made."

Physical abuse is only one source of aggravation in the ghetto. In nearly every city surveyed, the Commission heard complaints of harassment of interracial couples, dispersal of social street gatherings, and the stopping of Negroes on foot or in cars without obvious basis. These, together with contemptuous and degrading verbal abuse, have great impact in the ghetto. As one Commission witness said, these strip the Negro of the one thing that he may have left-his dignity, "the question of being a man."

Some conduct -- breaking up of street groups, indiscriminate stops and searches -- is frequently directed at youths, creating special tensions in the ghetto where the average age is generally under 21. Ghetto youths, often without work and with homes that may be nearly uninhabitable, particularly in the summer, commonly spend much time on the street. Characteristically, they are not only hostile to police, but eager to demonstrate their own masculinity and courage. The police, therefore, are often subject to taunts and provocations, testing their self-control and, probably, for some, reinforcing their hostility to Negroes in general. Because youths commit a large and increasing proportion of crime, police are under growing pressure from their supervisors -- and from the community -- to deal with them forcefully. "Harassment of youths" may therefore be viewed by some police departments -- and members even of the Negro community -- as a proper crime prevention technique.

In a number of cities the Commission heard complaints of abuse from Negro adults of all social and economic classes. Particular resentment is aroused by harassing Negro men in the company of white women -- often their light-skinned Negro wives.

"Harassment" or discourtesy may not be the result of malicious or discriminatory intent of police officers. Many officers simply fail to understand the effects of their actions because of their limited knowledge of the Negro community. Calling a Negro teenager by his first name may arouse resentment because many whites still refuse to extend to adult Negroes the courtesy of the title, "Mister." A patrolman may take the arm of a person he is leading to the police car. Negroes are more likely to resent this than whites because the action implies that they are on the verge of flight and may degrade them in the eyes of friends or onlookers.

In assessing the impact of police misconduct we emphasize that the improper acts of a relatively few officers may create severe tensions between the department and the entire Negro community. Whatever the actual extent of such conduct, we concur in the Crime Commission's conclusion that:

.... all such behavior is obviously and totally reprehensible, and when it is directed against minority-group citizens it is particularly likely to lead, for quite obvious reasons, to bitterness in the community.


Police Patrol Practices

Although police administrators may take steps to attempt to eliminate misconduct by individual police officers, many departments have adopted patrol practices which in the words of one commentator, have "... replaced harassment by individual patrolmen with harassment by entire departments."

These practices, sometimes known as "aggressive preventive patrol," take a number of forms, but invariably they involve a large number of police-citizen contacts initiated by police rather than in response to a call for help or service. One such practice utilizes a roving task force which moves into high-crime districts without prior notice, and conducts intensive, often indiscriminate, street stops and searches. A number of persons who might legitimately be described as suspicious are stopped. But so also are persons whom the beat patrolman would know are respected members of the community. Such task forces are often deliberately moved from place to place making it impossible for its members to know the people with whom they come in contact.

In some cities aggressive patrol is not limited to special task forces. The beat patrolman himself is expected to participate and to file a minimum number of stop-and-frisk or field interrogation reports for each tour of duty. This pressure to produce, or a lack of familiarity with the neighborhood and its people, may lead to widespread use of these techniques without adequate differentiation between genuinely suspicious behavior, and behavior which is suspicious to a particular officer merely because it is unfamiliar.

Police administrators, pressed by public concern about crime, have instituted such patrol practices often without weighing their tension-creating effects and the resulting relationship to civil disorder.

Motorization of police is another aspect of patrol that has affected law enforcement in the ghetto. The patrolman comes to see the city through a windshield and hear about it over a police radio. To him, the area increasingly comes to consist only of law breakers. To the ghetto resident, the policeman comes increasingly to be only an enforcer.

Loss of contact between the police officer and the community he serves adversely affects law enforcement. If an officer has never met, does not know, and cannot understand the language and habits of the people in the area he patrols, he cannot do an effective police job. His ability to detect truly suspicious behavior is impaired. He deprives himself of important sources of information. He fails to know those persons with an "equity" in the community -- homeowners, small businessmen, professional men, persons who are anxious to support proper law enforcement -- and thus sacrifices the contributions they can make to maintaining community order.

Recommendations

Police misconduct -- whether described as brutality, harassment, verbal abuse, or discourtesy -- cannot be tolerated even if it is infrequent. It contributes directly to the risk of civil disorder. It is inconsistent with the basic responsibility and function of a police force in a democracy. Police departments must have rules prohibiting such misconduct and enforce them vigorously. Police commanders must be aware of what takes place in the field, and take firm steps to correct abuses. We consider this matter further in the section on policy guidelines.

Elimination of misconduct also requires care in selecting police for ghetto areas, for there the police responsibility is particularly sensitive, demanding and often dangerous. The highest caliber of personnel is required if police are to overcome feelings within the ghetto community of inadequate protection and unfair, discriminatory treatment. Despite this need, data from Commission investigators and from the Crime Commission disclose that often a department's worst, not its best, are assigned to minority group neighborhoods. As Professor Albert Reiss, Director of the Center for Research on Social Organization, University of Michigan, testified before the Commission:

... I think we confront in modern urban police departments in large cities much of what we encounter in our schools, in these cities. The slum police precinct is like the slum school. It gets, with few exceptions, the worst in the system.


Referring to extensive studies in one city, Professor Reiss concluded:

In predominantly Negro precincts, over three-fourths of the white policemen expressed prejudice or highly prejudiced attitudes towards Negroes. Only one percent of the officers expressed attitudes which could be described as sympathetic towards Negroes. Indeed, close to one-half of all the police officers in predominantly Negro high crime rate areas showed extreme prejudice against Negroes. What do I mean by extreme racial prejudice? I mean that they describe Negroes in terms that are not people terms. They describe them in terms of the animal kingdom....


Although some prejudice was displayed in only eight percent of police-citizen encounters:

The cost of such prejudiced behavior I suggest is much higher than my statistics suggest. Over a period of time, a substantial proportion of citizens, particularly in high crime rate areas, may experience at least one encounter with a police officer where prejudice is shown.


To ensure assignment of well-qualified police to ghetto areas, the Commission Recommends:

• Officers with bad reputations among residents in minority areas should be immediately reassigned to other areas. This will serve the interests of both the police and the community.

• Screening procedures should be developed to ensure that officers with superior ability, sensitivity and the common sense necessary for enlightened law enforcement are assigned to minority group areas. We believe that, with proper training in ghetto problems and conditions, and with proper standards for recruitment of new officers, in the long run, most policemen can meet these standards.

• Incentives, such as bonuses or credits for promotion should be developed wherever necessary to attract outstanding officers for ghetto positions.

The recommendations we have proposed are designed to help ensure proper police conduct in minority areas. Yet there is another facet of the problem: Negro perceptions of police misconduct. Even if those perceptions are exaggerated, they do exist. If outstanding officers are assigned to ghetto areas, if acts of misconduct, however infrequent, result in proper -- and visible -- disciplinary action, and if these corrective practices are made part of known policy, we believe the community will soon learn to reject unfounded claims of misconduct.

Problems stemming from police patrol cannot, perhaps, be so easily resolved. But there are two considerations which can help to allay such problems. The first consideration relates to law enforcement philosophy behind the use of techniques like aggressive patrol. Many police officials believe strongly that there are law enforcement gains from such techniques. However, these techniques can also have law enforcement liabilities. Their employment therefore should not be merely automatic, but the product of a deliberate balancing of pluses and minuses by command personnel.

We know that advice of this sort is easier to give than to act on. The factors involved are difficult to weigh. Gains cannot be measured solely in the number of arrests. Losses in police protection cannot be accepted solely because of some vague gain in diminished community tension. The kind of thorough, objective assessment of patrol practices and search for innovation we need will require the best efforts of research and development units within police departments, augmented if necessary by outside research assistance.

The second consideration concerning patrol is execution. There is more crime in the ghetto than in other areas. If the aggressive patrol clearly relates to the control of crime, the residents of the ghetto are likely to endorse the practice. What may arouse hostility is not the fact of aggressive patrol but its indiscriminate use so that it comes to be regarded not as crime control but as a new method of racial harassment. All patrol practices must be carefully reviewed to ensure they are properly carried out by individual officers.

New patrol practices must be designed to increase the patrolman's knowledge of the ghetto. They will require getting the patrolman out of the car and into the neighborhood and keeping him on the same beat long enough to get to know the people and understand the conditions. They will require training the patrolman to convince him of the desirability of such patrol. There must be continuing administrative supervision. In practice as well as theory, all aspects of patrol must be lawful and conform to policy guidelines. Unless carried out with courtesy and with some understanding of the community, even the most enlightened patrol practices may degenerate into what residents will come to regard as harassment. Finally, this concept of patrol should be publicly explained so that ghetto residents understand it and know what to expect.

II. THE PROBLEM OF POLICE PROTECTION

The strength of ghetto feelings about hostile police conduct may even be exceeded by the conviction that ghetto neighborhoods are not given adequate police protection.

This belief is founded on two basic types of complaint. The first is that the police maintain a much less rigorous standard of law enforcement in the ghetto, tolerating there illegal activities like drug addiction, prostitution and street violence that they would not tolerate elsewhere. The second is that police treat complaints and calls for help from Negro areas much less urgently than from white areas. These perceptions are widespread. As David Hardy, of the staff of The New York Daily News, testified:

To put it simply, for decades little if any law enforcement has prevailed among Negroes in America, particularly those in the ghettos. If a black man kills another black man, the law is generally enforced at its minimum. Violence of every type runs rampant in a ghetto.


A Crime Commission study found that Negroes in Philadelphia and San Diego are convinced that the police apply a different standard of law enforcement in the ghettos. Another Crime Commission study found that about one white person in two believes police provide very good protection in his community; for Negroes, the figure is one in five. Other surveys have reported that Negroes in Harlem and South Central Los Angeles mention inadequate protection more often than brutality or harassment as a reason for their resentment toward the police.

The report of a New Haven community group summarizes the complaints:

The problem of the adequacy of current police protection ranked with "police misconduct" as the most serious sore points in police-community relations. . . . When calls for help are registered, it is all too frequent that police respond too slowly or not at all.... When they do come, [they] arrive with many more men and cars than are necessary ... brandishing guns and adding to the confusion. [8]


There is evidence to suggest that the lack of protection does not necessarily result from different basic police attitudes but rather from a relative lack of police personnel for ghetto areas, Considering the volume of calls for police. As a consequence, the police work according to priorities. Because of the need for attention to major crimes, little, if any, attention can be accorded to reports of a suspicious person, for example, or a noisy party, or a drunk. And attention even to major crimes may sometimes be routine or skeptical.

Ghetto residents, however, see a dual standard of law enforcement. Particularly because many work in other areas of the city and have seen the nature of police responsiveness there, they are keenly aware of the difference. They come to believe that an assault on a white victim produces one reaction and an assault on a Negro quite another. The police, heavily engaged in the ghetto, might assert that they cannot cover serious offenses and minor complaints at the same time -- that they cannot be two places at once. The ghetto resident, however, often concludes that the police respond neither to serious offenses nor to minor complaints.

Recent studies have documented the inadequacies of police response in some ghetto areas. A Yale Law Journal study of Hartford, Connecticut, found that:

[T]he residents of a large area in the center of the Negro ghetto are victims of over one-third of the daylight residential burglaries in the city. Yet during the daytime only one of Hartford's eighteen patrol cars and none of its eleven foot patrolmen is assigned to this area. Sections in the white part of town about the same size as the central ghetto area receive slightly more intensive daytime patrol even though the citizens in the ghetto area summon the police about six times as often because of criminal acts. [4]


In a United States Commission on Civil Rights study, a review of police communications records in Cleveland disclosed that police took almost four times as long to respond to calls concerning robbery from the Negro district as for the district where response was next slowest. The response time for some other crimes was at least twice as long.

The Commission Recommends

• Police departments should have a clear and enforced policy that the standard of law enforcement in ghetto areas is the same as in other communities; complaints and appeals from the ghetto should be treated with the same urgency and importance as those from white neighborhoods.

• Because a basic problem in furnishing protection to the ghetto is the shortage of manpower, police departments should review existing deployment of field personnel to ensure the most efficient use of manpower. The Police Task Force of the Crime Commission stressed the need "to distribute patrol officers in accordance with the actual need for their presence." Communities may have to pay for more and better policing for the entire community as well as for the ghetto.

In allocating manpower to the ghetto, enforcement emphasis should be given to crimes that threaten life and property. Stress on social gambling or loitering, when more serious crimes are neglected, not only diverts manpower but fosters distrust and tension in the ghetto community.

III. THE PROBLEM OF GRIEVANCE MECHANISMS

A third source of Negro hostility to police is the almost total lack of effective channels for redress of complaints against police conduct. In Milwaukee, Wisconsin, and Plainfield, New Jersey, for example, ghetto residents complained that police chiefs reject all complaints out of hand. In New Haven, a Negro citizens' group characterized a police review board as •'worthless." In Detroit, the Michigan Civil Rights Commission found that, despite well-intentioned leadership, no real sanctions are imposed on offending officers. In Newark, the mayor referred complaints to the FBI, which had limited jurisdiction over them. In many of the cities surveyed by the Commission, Negro complaints focused on the continued presence in the ghetto of officers regarded as notorious for prejudice and brutality.

The 1967 Report of the Civil Rights Commission also states that a major issue in the Negro community is inadequate investigation of complaints against the police. It even reports threats of criminal actions designed to discourage complainants. A survey for the Crime Commission found substantial evidence that policemen in some cities have little fear of punishment for using unnecessary force because they appear to have a degree of immunity from their departments.

Recommendations

Objective evaluation, analysis, and innovation on this subject are vitally necessary. Yet attention has been largely, and unfortunately, diverted by protracted debate over the desirability of "civilian review boards." Research conducted by the Crime Commission and others shows that the benefits and liabilities of such boards have probably both been exaggerated.

In the context of civil disorder, appearances and reality are of almost equal importance in the handling of citizen complaints against the police. It is not enough that there are adequate machinery and procedures for handling complaints; it is also necessary that citizens believe these procedures are adequate. Some citizens will never trust an agency against which they have a grievance. Some irresponsible citizens will attempt to provoke distrust of every agency. Hence some police administrators have been tempted to throw up their hands and do nothing on the ground that whatever they do will be misunderstood. These sentiments may be understandable but the police should appreciate that Negro citizens also want to throw up their hands. For they believe that the "police stick together," that they will cover up for each other, that no officer ever receives more than token punishment for misconduct, and that even such expensive legal steps as false arrest or civil damage suits are foredoomed because "it is the officer's word against mine."

We believe that an internal review board -- in which the police department itself receives and acts on complaints -- regardless of its efficiency and fairness, can rarely generate the necessary community confidence, or protect the police against unfounded charges. We also believe, as did the Crime Commission, that police should not be the only municipal agency subject to outside scrutiny and review. Incompetence and mistreatment by any public servant should be equally subject to review by an independent agency.

The Crime Commission Police Task Force reviewed the various external grievance procedures attempted or suggested in this country and abroad. Without attempting to recommend a specific procedure, our Commission believes that police departments should be subject to external review. We discussed this problem in the section on the Community Response. Here, we highlight what we believe to be the basic elements of an effective system.

The Commission Recommends

• Making a complaint should be easy. It should be possible to file a grievance without excessive formality. If forms are used, they should be easily available and their use explained in widely-distributed pamphlets. In large cities, it should not be necessary to go to a central headquarters office to file a complaint but it should also be possible to file a complaint at neighborhood locations. Police officers on the beat, community service aides, or other municipal employees in the community, should be empowered to receive complaints.

• A specialized agency, with adequate funds and staff, should be created separate from other municipal agencies, to handle, investigate and to make recommendations on citizen complaints.

• The procedure should have a built-in conciliation process to attempt to resolve complaints without the need for full investigation and processing.

• The complaining party should be able to participate in the investigation and in any hearings, with right of representation by counsel, so that the complaint is fully investigated and findings made on the merits. He should be promptly and fully informed of the outcome. The results of the investigation should be made public.

• Since many citizen complaints concern departmental policies rather than individual conduct, information concerning complaints of this sort should be forwarded to the departmental unit which formulates or reviews policy and procedures. Information concerning all complaints should be forwarded to appropriate training units so that any deficiencies correctable by training can be eliminated.

Although we advocate an external agency as a means of resolving grievances, we believe that the basic need is to adopt procedures which will gain the respect and confidence of the entire community. This need can, in the end, be met only by sustained direction through the line of command, thorough investigation of complaints, and prompt, visible disciplinary action where justified.

IV. THE NEED FOR POLICY GUIDELINES

How a policeman handles day-to-day contacts with citizens will, to a large extent, shape the relationships between the police and the community. These contacts involve considerable discretion. Improper exercise of such discretion can needlessly create tension and contribute to community grievances.

Formally, the police officer has no discretion; his task is to enforce all laws at all times. Formally, the officer's only basic enforcement option is to make an arrest, or to do nothing. Formally, when a citizen resists arrest the officer's only recourse is to apply such reasonable force as he can bring with his hands, nightstick, and revolver.

Informally -- and in reality -- the officer faces an entirely different situation. He has and must have a great deal of discretion; there are not enough police or jails to permit the levels of surveillance that would be necessary to enforce all laws all the time -- levels which the public would, in any event, regard as intolerable.

Patrick V. Murphy, now Director of Public Safety in the District of Columbia, told the Commission:

The police, of course, exercise very broad discretion, and although in many states the law says or implies that all laws must be enforced and although the manuals of many police departments state every officer is responsible for the enforcement of all laws, as a practical matter it is impossible for the police to enforce all laws, and as a result they exercise very broad discretion. . . . [b ]y failing to understand the fact that they do exercise important discretion every day, some police do not perceive just how they maintain the peace in different ways in different sections of a city.


The formal remedies of law, further, are inappropriate for many common problems. A family quarrel or a street fight, followed by an arrest, would give the parties a record and, typically, a suspended sentence; it would not solve the problem. And the appropriate legal grounds for making an arrest are often not present, for the officer has not witnessed the incident nor does he have a sworn complaint from someone who has. Pacifying the dispute may well be the best approach. but many officers lack the training or experience to do so effectively. If the parties resist pacification or arrest, the officer, alone on the street, must either back down or use force -- sometimes lethal.

Crime Commission studies and our police survey show that guidance for the exercise of discretion in many situations is often not available to the policeman. There are guidelines for the wearing of uniforms -- but not for how to intervene in a domestic dispute. There are guidelines for the cleaning of a revolver -- but not for when to fire it. There are guidelines for use of departmental property -- but not for whether to break up a sidewalk gathering. There are guidelines for handling stray dogs -- but not for handling field interrogations.

Recommendations

Contacts between citizens and the police in the ghetto require discretion and judgment which should be based upon carefully-drawn, written departmental policy. The Report of the Crime Commission and the Police Task Force Report considered this problem in detail, and recommended subjects for policy guidelines.

The Commission Recommends the establishment of guidelines covering, at a minimum:

• The issuance of orders to citizens regarding their movements or activities -- for example, when if ever should a policeman order a street gathering to break up or move on.

• The handling of minor disputes -- between husband and wife, merchant and customer, or landlord and tenant. Guidelines should cover resources available in the community -- family courts, probation departments, counseling services, welfare agencies -- to which citizens can be referred.

• The decision whether to arrest in a specific situation involving a specific crime -- for example, when police should arrest persona engaged in crimes such as social gambling, vagrancy and loitering, and other crimes which do not involve victims. The use of alternatives to arrest, such as a summons, should also be considered.

• The selection and use of investigative methods. Problems concerning use of field interrogations and "stop-and-frisk" techniques are especially critical. Crime Commission studies and evidence before this Commission demonstrate that these techniques have the potential for becoming a major source of friction between police and minority groups. We also recognize that police regard them as important methods of preventing and investigating crime. Although we do not advocate use or adoption of any particular investigative method, we believe that any such method should be covered by guidelines drafted to minimize friction with the community.

• Safeguarding the constitutional right of free expression such as rights of persons engaging in lawful demonstrations, the need to protect lawful demonstrators, and how to handle spontaneous demonstrations.

• The circumstances under which the various forms of physical force -- including lethal force -- can and should be applied. Recognition of this need was demonstrated by the regulations recently adopted by the City of New York further implementing the state law governing police use of firearms.

• The proper manner of address for contacts with any citizen.

The drafting of guidelines should not be solely a police responsibility. It is the duty of mayors and other elected and appointed executive officials to take the initiative, to participate fully in the drafting and to ensure that the guidelines are carried out in practice.

Police research and planning units should be fully used in identifying problem areas, performing the necessary studies and in resolving problems. Their product should be reviewed by the chief of police and city executives and representatives of the prosecution, courts, correction agencies and other criminal justice agencies. Views of ghetto residents should be obtained, perhaps through police-community relations programs or human relations agencies. Once promulgated, the guidelines should be disseminated clearly and forcefully to all operational personnel. Concise, simply worded, and, if necessary, foreign language summaries of police powers and individual rights should be distributed to the public. Training the police to perform according to the guidelines is essential. Although conventional instruction is a minimum requirement, full understanding can only be achieved by intensive small-group training, involving simulation.

Guidelines, no matter how carefully drafted, will have little effect unless the department enforces them. This primarily requires command supervision and commitment to the guidelines. It also requires:

• A strong internal investigative unit to enforce compliance. Such a unit should not only enforce the guidelines on a case-by-case basis against individual officers, but should also develop procedures to deter and prevent violations. The Crime Commission discussed the various methods available.

• A fair and effective means to handle citizen complaints.

Finally, provision should be made for the periodic review of the guidelines to ensure that changes are made to take account of current court rulings and new laws.

V. COMMUNITY SUPPORT FOR LAW ENFORCEMENT

A fifth major reason for police-community hostility -- particularly obvious since the recent disorders -- is the general breakdown of communication between police and the ghetto. The contacts that do occur are primarily adversary contacts.

In the section on police patrol practices, we discussed one basic aspect of this problem. Here we consider how police forces have tried, with varying degrees of success, to deal with three issues underlying relations with ghetto communities.

Recruitment, Assignment and Promotion of Negroes

The Crime Commission Police Task Force found that for police in a Negro community to be predominantly white can serve as a dangerous irritant; a feeling may develop that the community is not being policed to maintain civil peace but to maintain the status quo. It further found that contact with Negro officers can help to avoid stereotypes and prejudices in the minds of white officers. Negro officers also can increase departmental insight into ghetto problems, and provide information necessary for early anticipation of the tensions and grievances that can lead to disorders. Commission witnesses confirm these conclusions.

There is evidence that Negro officers also can be particularly effective in controlling any disorders that do break out. In studying the relative performance of Army and National Guard forces in the Detroit disorder, we concluded that the higher percentage of Negroes in the Army forces contributed substantially to their better performance. As a result, last August, we recommended an increase in the percentage of Negroes in the National Guard: The need for increased Negro participation in police departments is equally acute.

Despite this need -- and despite recent efforts to hire more Negro police -- the proportion of Negroes on police forces still falls far below the proportion of Negroes in the total population. Of 28 departments which reported information of this kind in a Commission survey of police departments, the percentage of Negro sworn personnel ranged from less than 1 percent to 21 percent. The median figure for Negro sworn personnel on the force was 6 percent; the median figures for all Negroes was approximately 24 percent. In no case was the proportion of Negroes in the police department equal to the proportion in the population. [5] A 1962 survey of the United States Civil Rights Commission, as reported in the Crime Commission Police Task Force Report, shows correspondingly low figures for other cities.

There are even more marked disproportions of Negro supervisory personnel. Our survey showed the following ratios:

• One in every 26 Negroes is a sergeant; the white ratio is one in 12.

• One in every 114 Negroes is a lieutenant; the white ratio is one in 26.

• One in every 235 Negroes is a captain or above; the white ratio is one in 53.

Public Safety Director Murphy testifying before the Commission described the problem and at least one of its causes:

I think one of the serious problems facing the police in the nation today is the lack of adequate representation of Negroes in police departments. I think the police have not recruited enough Negroes in the past and are not recruiting enough of them today. I think we would be less than honest if we didn't admit that Negroes have been kept out of police departments in the past for reasons of racial discrimination.


In a number of cities, particularly larger ones, police officials are not only willing but anxious to appoint Negro officers. There are obstacles other than discrimination. While these obstacles cannot readily be measured, they can be identified. One is the relatively high standards for police employment. Another is pay; better qualified Negroes are often more attracted by other, better paying positions. Another obstacle is the bad image of police in the Negro community. There also are obstacles to promotion apart from discrimination, such as the more limited educational background of some Negro officers.

Recommendations

The Commission Recommends


• Police departments should intensify their efforts to recruit more Negroes. The Police Task Force of the Crime Commission discussed a number of ways to do this and the problems involved. The Department of Defense has a program to help police departments recruit returning Negro servicemen.

• In order to increase the number of Negroes in supervisory positions, police departments should review promotion policies to ensure that Negroes have full opportunity to be rapidly and fairly promoted.

• Negro officers should be so assigned as to ensure that the police department is fully and visibly integrated. Some cities have adopted a policy of assigning one white and one Negro officer to patrol cars, especially in ghetto areas. These assignments result m better understanding, tempered judgment and increased ability to separate the truly suspect from the unfamiliar.

Recruiting more Negro officers, alone, will not solve the problems of lack of communication and hostility toward police. A Negro's understanding of the ghetto is not enough to make him a good officer. He must also meet the same high standards as white officers and pass the same screening process. These requirements help create a dilemma noted by the Crime Commission. The need to develop better relations with minority group communities requires recruitment of police from these groups -- groups handicapped by lack of educational opportunities and achievement. To require that police recruits have a high school diploma sets a standard too low in terms of the need for recruiting college graduates and perhaps too high in terms of the need for recruiting members of minority groups.

To meet this problem, the Crime Commission recommended creation of a new type of uniformed "community service officer." This officer would typically be a young man between 17 and 21 with the "aptitude, integrity, and stability necessary to perform police work." He would perform a variety of duties short of exercising full law enforcement powers, with primary emphasis on community service work. While so serving, he would continue his studies in order to be promoted as quickly as possible to the status of a police officer.

The Commission Recommends

• The community service officer program should be adopted. Use of this program to increase the number of Negroes in police departments will help to establish needed channels of communication with the Negro community; will permit the police to perform better their community service functions, especially in the minority group neighborhoods; and will also create a number of badly needed jobs for Negro youths.

The standards of selection for such community service officers or aides should be drawn to ensure that the great majority of young Negro males are eligible to participate in the program. As stated in the Crime Commission Task Force Report, selection should not be based on inflexible educational requirements, but instead ". . . should be made on an individual basis with priority being given to applicants with promising aspirations, honesty, intelligence, a desire and a tested capacity to advance his education, and an understanding of the neighborhood and its problems." An arrest record or a minor conviction record should not in itself be a bar to employment.

The Commission Recommends

• The federal government should launch a program to establish community service officers in cities with populations over 50,000. Eligible police departments should be reimbursed for 90 percent of the costs of employing one aide for every 10 full-time police officers.

We emphasize, however, that recruitment of community service aides must complement, not replace, efforts to recruit more Negroes as police officers.

Community Service Functions

Because police run almost the only 24-hour day, seven-day-a- week emergency service, they find it very hard not to become involved in a host of nonpolice services. Complaints about a wide range of matters, from noisy neighbors and deteriorated streets to building code violations, at best, are only peripheral to police work. Because these are often not police matters and because police increasingly face serious shortages of manpower and money, police administrators have systematically resisted becoming involved in such matters. This resistance, coupled with centralization and motorization of the police, has resulted in the police becoming more distant from the people they serve.

RECOMMENDATIONS

The Commission believes that police cannot, and should not resist becoming involved in community service matters. [6] There will be benefits for law enforcement no less than for public order.

First, police, because of their "front line position" in dealing with ghetto problems, will be better able to identify problems in the community that may lead to disorder. Second, they will be better able to handle incidents requiring police intervention, particularly marital disputes that have a potential for violence. How well the police handle domestic disturbances affects the incidence of serious crimes, including assaults and homicides. Third, willing performance of such work can gain police the respect and support of the community. Finally, development of nonadversary contacts can provide the police with a vital source of information and intelligence concerning the communities they serve.

A variety of methods have been devised to improve police performance of this service function. We comment on two of special interest. The first is the New York Police Department's experimental "Family Crisis Intervention" program to develop better police response to marital disputes; if results develop as expected, this may serve as a model for other departments.

Second, neighborhood service centers have been suggested, and opened in some cities. These centers typically are established in tense, high-crime areas, in easily accessible locations such as store-fronts or public housing projects. Staffed by a civilian city employee as well as a police officer, their task is to provide information and service -- putting a citizen in touch with the right agency, furnishing general advice. This gives the beat patrolman somewhere to refer a marital dispute. It gives the local resident a clear, simple contact with official advice. It gives the police in general the opportunity to provide services, not merely to enforce the law. The needed additional manpower for such centers could be provided by the community service aides recommended earlier, or by continuing to employ experienced policemen who have reached the age of retirement.

Community Relations Programs

Many police departments have established programs to deal specifically with police-community relations. The Crime Commission recommended a number of such programs, and federal funds have been made available for putting them into operation. Although of great potential benefit, the results thus far have been disappointing. This is true partly because the changes in attitude sought by such programs can only be achieved over time. But there are other reasons, as was shown by Detroit's experience with police-community meetings: minimum participation by ghetto residents; infrequent meetings; lack of patrolmen involvement; lack of attention to youth programs; lack of coordination by police leadership either within the department or with other city programs.

More significantly, both the Detroit evaluation and studies carried on for the Commission show that too often these are not community relations programs, but public relations programs, designed to improve the department's image in the community. In one major city covered by the Commission's study, the department's plan for citizen observers of police work failed because people believed that the citizen observer was allowed to see only what the police thought he should see. Similarly, the police chief's "open house," an opportunity for discussion, was considered useless by many who regarded him as unsympathetic and unresponsive.

Moreover, it is clear that these programs have little support among rank and file officers. In Detroit, more than a year after instructions were sent out to establish such programs, several precincts still had failed to do so. Other cities have had similar experiences. On the command level, there is often little interest. Programs are not integrated into the departments; units do not receive adequate budgetary support.

Nevertheless, some programs have been successful. In Atlanta, a Crime Prevention Bureau has within two years established a good relationship with the community, particularly with the young people. It has concentrated on social services, persuading almost 600 dropouts to return to school, assisting some 250 hardship cases with food and work, arranging for dances and hydrant showers during the summer, working quickly and closely with families of missing persons. The result is a close rapport with the community -- and recruits for the department. Baltimore and Winston-Salem are reported to have equally successful programs.

RECOMMENDATIONS

Community relations programs and training can be important in increasing communication and decreasing hostility between the police and the ghetto. Community relations programs can also be used by police to explain new patrol practices, law enforcement programs, and other police efforts to reduce crime. Police have a right to expect ghetto leaders to work responsibly to reduce crime. Community relations programs offer a way to create and foster these efforts.

We believe that community relations is an integral part of all law enforcement. But it cannot be made so by part-time effort, peripheral status, or cliche methods.

One way to bolster community relations is to expand police department award systems. Traditionally, special awards, promotional credit, bonuses and selection for special assignments are based on heroic acts and arrest activity. Award systems should take equal cognizance of the work of officers who improve relations with alienated members of the community and by so doing minimize the potential for disorder.

However, we see no easy solution to police-community relations and misunderstandings and are aware that no single procedure or program will suffice. Improving community relations is a full-time assignment for every commander and every officer -- an assignment that must include the development of an attitude, a tone, throughout the force that conforms with the ultimate responsibility of every policeman: public service.

Image

Image

______________

Notes:

1. In performing this task we wish to acknowledge our indebtedness to and reliance upon the extensive work done by the President's Commission on Law Enforcement .and Administration of Justice (The "Crime Commission"). The reports, studies, surveys, and analyses of the Crime Commission have contributed to many of our conclusions and recommendations.

2. The "brutality" referred to In this and other surveys is often not precisely defined, and covers conduct ranging from use of Insulting language to excessive and unjustified use of force.

3. ''In Search of Fair and Adequate Law Enforcement," Report of the Hill- Dwight Citizens Commission on Police Community Relations, June, 1967, pp. 12-13.

4. "Program Budgeting for Police Departments," 76 Yale L. J. 822 (1967).

5. The data from this survey can be found in "Table A" at the end of this chapter of the Report.

6. We join in the Crime Commission's caveat that police should not become involved in service tasks which involve neither policing nor community help (such as tax collection, licensing and dog-pound duties).  
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Report of the National Advisory (Kerner Report 1967)

Postby admin » Tue May 03, 2016 6:33 am

Chapter 12: Control of Disorder

INTRODUCTION


To analyze the complex social causes of disorder, to plumb the impact of generations of deprivation, to work for broad and sensitive efforts at prevention are vital tasks, but they are slow and difficult. When, in the meantime, civil disorder breaks out, three simpler principles emerge.

First: Preserving civil peace is the first responsibility of government.

Individuals cannot be permitted to endanger the public peace and safety and public officials have a duty to make it clear that all just and necessary means to protect both will be used. Our society is founded on the rule of law. That rule must prevail; without it, we will lack not only order but the environment essential to social and economic progress.

Second: In maintaining the rule of law, we must be careful not to sacrifice it in the name of order.

In our concern over civil disorder we must not mistake lawful protest for illegal activities. The guardians of the law are also subject to the law they serve. As the FBI states in its riot manual for law enforcement officers:

A peaceful or lawful demonstration should not be looked upon with disapproval by a police agency; rather, it should be considered as a safety valve possibly serving to prevent a riot. The police agency should not countenance violations of law. However, a police agency does not have the right to deny the demonstrator his constitutional rights.


Third: Maintaining civil order is the responsibility of the entire community.

Not even the most professional and devoted law enforcement agency alone can quell civil disorder any more than it alone can prevent civil disorder. A thin blue line is too thin. Maintaining civil peace is the responsibility of the entire community, particularly public officials. The guidance, assistance, and support of the mayor can be decisive.

This does not deny the very great responsibility which is and should be borne by the police. In the Supplement on Control of Disorder we offer specific comments which we hope will help law enforcement agencies regain control after major disorders have developed. In this chapter, however, the Commission considers ways by which the police -- with the leadership and support of the civil authorities -- can suppress and restrain potentially major disorders in their initial phases. [1]

I. THE INITIAL INCIDENT

Last summer more than fifty cities experienced some form of civil disorder. Most remained minor disturbances, effectively controlled by the local police and civil authorities. In some cities similar incidents led to serious disorder. Why?

Testimony and evidence studied by the Commission point to the preeminent role of police reaction to the initial incident. How the police and the community respond to and deal with such incidents may well determine whether they remain relatively minor police problems -- or balloon into major disorders.

Initial Police Response

When police receive word of an accident, fight, or similar incident, a patrolman is routinely sent to the scene. He is called on to exercise technical and professional skills at which he is practiced-investigation, individual control and perhaps arrest. Infrequently, he may have to call for assistance. In any event, his judgments, while important, normally have an impact only on the immediate participants.

In the densely populated ghetto, however, particularly when summer heat drives many residents into the streets, even the most routine incident may call for far more than a technical assessment. The responding officer's initial judgment here is critical in two respects. First, it will guide his own conduct. Second, it will guide the response of his superiors. What orders, if any, should they give him? What help should they send if he asks for help? An assessment of this sort may be difficult for the best-informed officer. What makes it even more difficult is that police often do not know what to expect when they respond to incidents in ghetto areas where virtually all the 1967 disorders occurred.

The average police officer has little knowledge of understanding of the underlying tensions and grievances that exist in the ghetto. Yet this information is vital if the police officer is to decide correctly what police or other control measures should be taken to deal with the incident. The task is to find ways to inform his judgment to the maximum extent possible.

To institutionalize good judgment is never easy, and may not be possible at all. Some broad considerations, however, can be offered

The Basic Factors

Five factors, often inseparable, recurred in the major disorders of last summer: (1) crowded ghetto living conditions, worsened by summer heat; (2) youth on the streets; (3) hostility to police; (4) delay in appropriate police response; and (5) persistent rumor and inadequate information.

On hot summer nights, the front steps and the street become a refuge from the stifling tenements of the ghetto. Detroit's 12th Street, New Haven's Congress Street, and the grim public housing blocks of Newark illustrate how ghetto streets come alive with people, especially on summer nights and weekends -- when many of the disorders of 1967 began. That the people on the streets include a very high proportion of youth merely reflects the fact that there are many young people in ghetto populations.

It takes little to attract a crowd in this setting. Stopping a car for speeding may be routine and go unnoticed in most areas. In the ghetto, it can draw a crowd instantly -- quick to misunderstand, quick to characterize the police action as unfair, quick to abandon curiosity for anger.

Crowded ghetto living conditions and youth on the streets -- the first two factors -- cannot be remedied by the police. But the police must take these conditions into account in assessing even the most routine ghetto incident. Every police officer responding to a call in tense, heavily-populated areas must be aware of the background. Here more than in any other type of police duty, the individual officer must exercise good judgment and common sense. The Chicago Police Department issued the following training bulletin to all its personnel:

Preventing civil disorders is always easier than suppressing them. The police officer, by disciplining his emotions, recognizing the rights of all citizens, and conducting himself in the manner his office demands can do much to prevent a tension situation from erupting into a serious disturbance. [2]


There are, however, steps police can take to eliminate or minimize the effects of the remaining three factors.

In the preceding chapter, we have already discussed the factor of hostility to police.

As to delay, sufficient manpower is a prerequisite for controlling potentially dangerous crowds; the speed with which it arrives may well determine whether the situation can be controlled. In the summer of 1967 we believe that delay in mobilizing help permitted several incidents to develop into dangerous disorders, in the end requiring far more personnel and creating increased hazards to life and property.

Rumors significantly aggravated tension and disorder in more than 65 percent of the disorders studied by the Commission. Sometimes, as in Tampa and New Haven, rumor served as the spark which turned an incident into a civil disorder. Elsewhere, notably Detroit and Newark, even where they were not precipitating or motivating factors, inflaming rumors made the job of police and community leaders far more difficult.

Experience also has shown that the harmful effect of rumors can be offset it police, public officials, and community leaders quickly and effectively circulate the facts. The Commission recommends that loudspeakers should be available to police at the scene of an incident. Radio and television announcements and special telephone networks to reach many neighborhood residents have been effective.

An innovative method is that of a "Rumor Central" -- an office responsible for the collection, evaluation, and countering of rumors which could lead to civil disorder. [3] To be most effective, such units might be located outside police departments. In any event, they should work closely with police and other officials.

II. CONTROL CAPABILITIES

Whenever an initial incident erupts into a major crowd control problem, most police departments are confronted with a difficult manpower problem. A police department normally has only about 13 percent of its uniformed force on duty during the 4 p.m. to midnight watch, when 86 percent of all the riots studied by the Commission began. For example, a city like Cincinnati, with a population of about 500,000 and an area of 77 square miles, would have only some 95 uniformed policemen available if trouble should break out during those hours. A city like Peoria, Illinois, with a population of about 100,000, would have less than 25 uniformed patrolmen on hand. [4]

Dispersal is also a factor. Normal police operations require personnel to be distributed over the entire geographical area of a city. When disorder breaks out, the task of mobilizing all available manpower is enormous. The police administrator must weigh the need for police to control the riot against the risks of leaving vital areas of the• city without police protection.

It is apparent that most American cities would not have enough policemen quickly available to assure control in the event of a sudden large disorder. A high premium must hence be placed on the capability to prevent disorders -- or to contain them before they develop into serious proportions.

Training

Despite the obvious importance of well-trained police in controlling disorder, the Commission survey of the capabilities of selected police departments disclosed serious deficiencies. For example, riot-control training is usually given only to recruits. This averaged 18 hours for the departments surveyed, ranging from 62 hours to only two. Almost no training is provided for command-level officers. By contrast, the National Guard now receives a minimum of 32 hours of riot control training under new U.S. Army regulations and National Guard officers receive 16 hours of command training for disorder situations.

The deficiencies in police training for disorders are magnified by the fact that standard police training and operations differ radically from training needed for the control of riots. Traditional training and emphasis have been on the individual policeman. His routine duties involve isolated incidents and dealings with small numbers of people at one time. The nature of his work -- riding or walking mostly alone or in pairs -- means that he has considerable individual discretion.

The control of civil disturbances, on the other hand, requires large numbers of disciplined personnel, comparable to soldiers in a military unit, organized and trained to work as a team under a highly unified command and control system. Thus . when a civil disturbance occurs, a police department must suddenly shift into a new type of organization with different operational procedures. The individual officer must stop acting independently and begin to perform as a member of a closely supervised, disciplined team. Our survey disclosed that training in practically all departments is limited to the individual.

Last year's disorders demonstrated that the control problems encountered were different even from those for which riot-control training had been designed. Violence often involved small groups and hit-and-run tactics. Except in the later stages of the largest disorders, the crowds included large numbers of spectators not active in looting or destruction. Since they were mostly residents of the area, dispersal alone was futile. As a result, training in conventional riot-control methods was often inapplicable and ineffective.

Few departments have the resources and expertise to provide adequate and relevant training for control of serious disorders. We discuss this problem in greater detail in our Supplement on the Control of Disorder, together with our recommendations.

Discipline and Command

As the Riot Profiles in the opening chapter of the Report have shown, discipline of the control force is a crucial factor. Officers at the scene of a ghetto disorder are likely to suffer vilification and even injury from rocks or bottles. Nevertheless, police discipline must be sufficiently strong so that an individual officer is not provoked into unilateral action. He must develop sufficient confidence in himself and his fellow officers to avoid panic or the indiscriminate -- and inflammatory -- use of force that has sometimes occurred in the heat of disorders. Discipline of this sort depends on the leadership of seasoned commanders and the presence in the field of sufficient supervisory officers to make major decisions.

The ability of police commanders to maintain command and control of units at the scene of disorder is severely handicapped by deficiencies in police communications. Police departments usually can communicate with their personnel only through radios in police vehicles. Once the officer leaves his police car or motorcycle, he loses communication with his superiors and is outside their effective control.

The military has field communications systems which make it possible to achieve effective command and control. The nation's police departments do not. A more complete discussion of this problem and the Commission's recommendations are contained in the Supplement.

Police Tactics

There are no all-purpose control tactics. Last summer's disorders demonstrated repeatedly that tactics which are effective in one situation may be totally ineffective in another. The cardinal requirement is to have enough men available to put into effect whatever tactics are used.

Tactical operations are dealt with in the Supplement. Specific riot control tactics are discussed in the Model Operations Plan, described in the Supplement, which has been prepared for separate distribution to police departments.

III. THE USE OF FORCE

Justification of Deadly Force


There are at least three serious problems involved in the use of deadly weapons in a civil disorder. The first is the risk of killing or wounding innocent persons -- bystanders or passersby who may in fact be hundreds of feet away when a shot is fired.

The second is the justification for the use of deadly force against crimes like looting. There is a question whether bullets are the correct response to offenses of this sort against property. Major General George Gelston5 told the Commission: "... I am not going to order a man killed for stealing a six- pack of beer or a television set." Instead, be said, a nonlethal tear gas can stop any looting.

The third problem is that the use of excessive force -- even the inappropriate display of weapons -- may be inflammatory and lead to even worse disorder. As the FBI riot control manual states:

The basic role, when applying force, is to use only the minimum force necessary to effectively control the situation. Unwarranted application of force will incite the mob to further violence, as well as kindle seeds of resentment for police that, in turn, could cause a riot to recur. Ill-advised or excessive application of force will not only result in charges of police brutality, but also may prolong the disturbance.


Such counsel with respect to disorders accords with the clearly established legal and social principles of minimum use of force by police.

The major difficulty in dealing with all these problems, however, is the limited choice still presented to police in mass disorders: to use too much force or too little. The police who were faced with the New York riot of 1963 were equipped with two weapons -- a wooden stick and a gun. For the most part, the police faced with urban disorders last summer had to rely on two weapons -- a wooden stick and a gun.

Our police departments today require a middle range of physical force with which to restrain and control both more humanely and more effectively.

Alternatives to Deadly Force

The dilemma regarding force has endured for more than a century for two reasons. One is that police are inhibited from using even the new tools which have been developed. The second is that the improvement and perfection of these tools is proceeding far too slowly.

As pointed out in the Supplement, fear of public reaction and other policy considerations have tended to inhibit police use of nonlethal chemical agents in civil disorders. The U.S. Army, on the other hand, relies heavily on the use of CS, a chemical agent for controlling riots. The Army has found it to be both much more effective and safer than the more traditional tear gas, CN. The use of CS is prescribed in the standard military sequence of force prior to the employment of any lethal firearms. Moreover, new developments now make it possible to use chemical agents selectively against individuals and small groups with minimum danger to innocent persons. Thus the understandable concern of many police and public officials as to the wisdom of using massive amounts of gas in densely populated areas need no longer prove a barrier.

The value and effectiveness of chemical agents in restoring law and order, with minimum danger to lives and property, is also attested by the FBI's riot control manual: "Chemical agents ... can negate the numerical superiority the mob has over the police force. They are the most effective and most humane means of achieving temporary, neutralization of a mob with a minimum of personal injury."

The Commission recommends that in suppressing disorder, the police, whenever possible, follow the example of the U.S. Army in requiring the use of chemical agents before the use of deadly weapons.

The experience of many police forces has demonstrated, however, that the value and community acceptance of new nonlethal methods may be jeopardized if police officers employ them in an indiscriminate way. In some of the cities we studied, reports of improper use of some chemical weapons by individual police officers have led to charges that these weapons are brutalizing or demeaning. To assure public confidence and prevent misuse, police administrators should issue clear guidelines on where and how police may employ such control measures.

The Commission has received many suggestions for other nonlethal control equipment. Distinctive marking dyes or odors and the filming of rioters have been recommended both to deter and positively identify persons guilty of illegal acts. Sticky tapes, adhesive blobs, and liquid foam are advocated to immobilize or block rioters. Intensely bright lights and loud distressing sounds capable of creating temporary disability may prove to be useful. Technology will provide still other tools.

There is need for additional experience and evaluation before the police and the public can be reasonably assured that these control innovations meet the performance and safety standards required for use in the community. The Commission believes, however, that the urgent need for nonlethal alternatives requires immediate attention and federal support. We discuss this further in the Supplement.

IV. COMMUNITY ASSISTANCE IN DISORDER CONTROL

Commission studies have shown that in a number of instances both police and other responsible civil authorities were forced to make decisions without adequate facts in an atmosphere charged by rumor.

Police administrators consulted by the Commission emphasized the importance of employing trained police intelligence officers to collect, evaluate and disseminate information. The use of undercover police officers, reliable informants and the assignment of police personnel to provide fast, accurate, on-the-scene reports were all cited as essential.

During the early stage of a disorder when lawlessness is still relatively restricted, the cooperation and assistance of Negro leaders and other community residents with a common interest in the maintenance of order can be extremely valuable. They can provide the police with the kind of pertinent, reliable information essential for decision-making during the disorder. Many agencies and organizations in the area, public and private, have valuable contacts and channels of communication. These also can serve as important information resources.

In some cities, "counter-rioters" have played an important role in dampening disturbance. Volunteers have assisted in restoring order by patrolling their neighborhoods and trying independently to persuade others to go borne. Sometimes local authorities have actively recruited ghetto residents to perform these missions. The Commission believes that mayors and police chiefs should recognize and assess carefully the potential benefit such efforts can sometimes provide, restoring the peace in a way that will earn public support and confidence.

The larger question, however -- whether police should withdraw from the disorder area and let the community leaders or forces seek to cool the rioting -- raises a number of critical issues. The first and most important is whether by so doing the police are abdicating their basic responsibility to maintain order and protect lives and property.

Some police administrators are deeply convinced that it is a dereliction of duty for police to delegate complete authority to individuals or groups who lack legal responsibility. In their judgment, such actions creates the danger of vigilante groups.

The Commission shares this concern; a sanctioned control group could use its position to intimidate or terrorize. Those who come forward to discourage rioting may have no influence with the rioters. They may in the final event be ineffective. If they fail, they may well blame officials, creating new enforcement problems.

The Commission believes that only the mayor -- who has the ultimate responsibility for the welfare and safety of the community -- can, with the advice of the police administrator, make the critical judgment.

The Role of Public Officials

The Commission believes incidents are less likely to escalate into larger violence if ghetto residents know they have effective political channels of protest. We discussed formal grievance outlets at length in the preceding chapters. Here we are particularly concerned with the role of the mayor or city manager or police chief.

Civil disorders are fundamental governmental problems, not simply police matters. As the chief elected official, the mayor must take ultimate responsibility for all governmental action in times of disorder. To make this meaningful, he must have the corresponding authority and control. He must become fully involved in disorder planning and operations. He must understand the nature of the problems posed by a disorder, the strategy of response and the pattern of field operations.

In some cities, mayors have taken the view that disorders were entirely police matters. This represents a failure to accept a fundamental responsibility. The unwillingness of a mayor to become personally involved and negotiate grievances with local residents may cut off a vital outlet for peaceful protest.

Similarly, police chiefs should understand this responsibility and involve the mayor in their planning activities and operations. Only regular participation by the mayor in police problems, in cold winters as well as hot summers, will educate both the mayor and the police to the mutually reinforcing nature of their relationship.

Parallel responsibilities exist at the state level. Governors and other civilian officials with responsibility over state law enforcement activities, such as attorneys general, have an obligation to supervise planning and operations for civil disorders.

One of the most important responsibilities of local and state executives is to maintain close personal contact with the ghetto. The importance of creating channels of communication with ministers, with community organizations, with Negro leaders including young activists and militants cannot be overestimated. Given such contacts, officials become more sensitive to ghetto reactions to particular episodes and frictions. They also create acquaintanceships which can be used to help alleviate tensions that might otherwise heighten.

As the Riot Profiles indicate, in a number of the disorders studied by the Commission, efforts were made to respond to grievances. In some instances, Negro leaders took the initiative. In others, mayors and state officials did so. In New Brunswick, for example, discussion alleviated tension and led to a peaceful settlement. Often the determination of civilian officials, especially the mayor, to seek out these opportunities may be decisive in avoiding a major confrontation.

Having determined that it will try to resolve its problems by political means, the city must then decide the immensely difficult question with whom to negotiate. Large meetings open to the general public or small meetings limited to established, older Negro leaders are rarely effective. City officials are often faced with a fragmented Negro community. If they have failed to keep open broad channels of communication, city officials will have great difficulty identifying leaders with sufficient influence to get through to those on the streets.

Even after contacts are made, negotiations may be extremely difficult. Younger, militant leaders are often distrustful of city government, fearful of compromising their militancy or their leadership by allying themselves too closely with "the power structure," particularly when that structure may have nothing to deliver.

Civil disorders require the maximum coordination of the activities of all governmental agencies. Such cooperation can only be brought about by the chief executive. Examples are joint operations by the police and fire departments, mutual assistance agreements with neighboring communities, and state and federal assistance. These problems are discussed in the Supplement.

V. DANGER OF OVERREACTION

Emergencies are anticipated in police planning. They range from natural threats like floods and storms to man-made incidents like the recent disorders. Until 1964, most civil disorders were regarded as difficult but basically manageable police problems of an essentially local nature. The events of the last few summers, however, particularly the events of 1967, have radically changed this view. Disturbances in densely populated, predominantly Negro areas which might earlier have been labelled brawls became characterized as "riots," with racial overtones. A national climate of tension and fear developed, particularly in cities with large Negro populations.

Were relatively minor incidents inflated or escalated into serious disturbances? Did such inflation result from overly aggressive law enforcement action? Did it stem from unwarranted fears on the part of the ghetto community? Precise answers are impossible. What can be said, however, is that there was widespread misunderstanding and exaggeration of what did occur.

The most notable example is the belief widely held across the country last summer that riot cities were paralyzed by sniper fire. Of 23 cities surveyed by the Commission, there had been reports of sniping in 14. What is probable, although we could not secure firm evidence, is that there was at least some sniping. What is certain is that the amount of sniping attributed to rioters -- by law enforcement officials as well as the press -- was highly exaggerated.

According to the best information available to the Commission, most reported sniping incidents were demonstrated to be gunfire by either police or National Guardsmen.

The climate of fear and expectation of violence created by such exaggerated, sometimes totally erroneous, reports demonstrates the serious risks of overreaction and excessive use of force. In particular, the Commission is deeply concerned that, in their anxiety to control disorders, some law enforcement agencies may resort to indiscriminate, repressive use of force against wholly innocent elements of the Negro community. The injustice of such conduct -- and its abrasive effects -- would be incalculable.

Elected officials, police and National Guard officials must take effective steps to prevent false assessments and the tragic consequences that could follow. This will require improved communications. It will require reliable intelligence about ghetto problems and incidents. It will require, equally, assurance of steadfast discipline among control personnel.

VI. FUNDING OF RECOMMENDATIONS

Many of the recommendations in this and the preceding chapter will be costly. Studies of police practices, intensified recruitment of Negro officers, increased planning and training for disorder control -- all would impose heavy financial burdens on communities already hard-pressed by the increasing costs of their present systems of criminal justice.

The Commission recommends that the federal government bear a part of this burden.

Federal funding need not and should not in any way infringe on the principle of local law enforcement authority. The federal government already finances a variety of law enforcement assistance programs without such infringement. The Department of Justice provides direct grants for research planning and demonstration through the Office of Law Enforcement Assistance, and the FBI conducts training programs for state and local police officers. The Department of Health, Education and Welfare administers juvenile delinquency control programs and educational grants for law enforcement studies. The Department of Labor helps pay for Police Cadet Training programs. The Office of Economic Opportunity assists in police-community relations activities. We commend and endorse these efforts. But we believe more federal financial assistance is needed.

Such assistance should take two forms. First, in this chapter, the preceding one, and in the Supplement, we specifically recommend federal funding for certain programs -- community service officers, development of portable communications equipment, a national clearing house for training information, and nonlethal weapons development.

Second, we also believe that more federal support is necessary to help local communities improve the overall quality of their criminal justice systems. With the Crime Commission, we believe that the federal government "... can make a dramatic new contribution to the national effort against crime by greatly expanding its support of the agencies of justice in the states and in the cities."

These remarks are in no way intended to excuse local governments from their financial responsibilities. Improved law enforcement at the local level, including increased capacity to prevent and control civil disorders, is possible only if local citizens are willing to put their tax money where their desires are. But this Commission believes that not even the most devoted and willing community can succeed acting alone. Only the federal government is in a position to provide expertise, to draw lessons from many individual test programs, to pay for the large capital investment necessary for experimental programs or development of new equipment.

The Crime Commission outlined a broad program of federal funds, advice, and assistance to meet major criminal justice needs. It estimated that in the next decade, several hundred million dollars could be profitably spent each year on this program. The increased demands imposed on law enforcement agencies by the recent disorders have intensified the urgency and increased the cost of such a program.

Nevertheless, 14 months have now passed since the Crime Commission's exhaustive study and recommendations; 13 months have passed since the President first urged the Congress to enact such a program; that urgent request was renewed by the President in his Public Safety Message of February 7, 1968. No final action has yet been taken. It should be taken -- and taken promptly. Because law enforcement is a local responsibility, whatever legislation is adopted should permit direct grants to municipal governments. Funding should be at least as high as that requested by the President in his Message.


______________

Notes:

1. In arriving at these assessments and recommendations, the Commission flu relied heavily on information supplied by the many police, military and other leading authorities who were consulted. In addition to the studies conducted for the Commission by the International Association of Chiefs of Police, a number of outstanding authorities worked closely with the Commission staff and provided invaluable assistance. In particular, we wish to thank John Ingersoll, Chief of Police of Charlotte, North Carolina, and former Director of Field Services of the International Association of Chiefs of Police; Daryl F. Gates, Deputy Chief of Police, Los Angeles Police Department, who was one of the commanders in the field during the Watts riot; and Major General George M. Gelston, Adjutant General of Maryland and former Police Commissioner of Baltimore.

In addition to the testimony and reports received on the cities studied by the Commission and which had experienced disorders, the Commission drew upon the valuable information and material furnished by the Boston, Chicago, Cincinnati, Kansas City, Los Angeles, New York City and Oakland Police Departments. Valuable guidance also was provided by Colonel Orlando W. Wilson, until recently Superintendent of Police of Chicago and formerly Dean of the School of Criminology, University of California.

The Commission also was markedly assisted by material made available by the Federal Bureau of Investigation, and its brochure, "The Prevention and Control of Mobs and Riots;" related reports by the Crime Commission; and Information supplied by the Office of Public Safety, Agency for International Development. The Commission also received the active cooperation and assistance of the Department of Defense and in particular from the special task force established in the Office of Chief of Operations to study and make recommendations relative to the role of the Army and National Guard In controlling civil disorders.

2. Training Bulletin -- Tension Situations, 24 April, 1967, The Chicago Police Department.

3. The "Rumor Central" unit In Chicago, established In the Commission on Human Relations, is discussed in the Supplement on Control of Disorder.

4. The majority of American cities between 50,000 and 100,000 population have less than 100 policemen. Of those with over 100,000population, 71 percent have less than 500 policemen. Only 19 cities have more than 1000. As suggested by the cited figure of 13 percent manpower available, these figures are deceptively reassuring. Considering three shifts, days off, vacations and sick leave, five men are required to keep one police post manned 24 hours a day. In addition, manpower for regular police services like administration, records and detective work must be taken into account.

5. Adjutant General of Maryland, commander of National Guard forces in Cambridge, Maryland last summer, and former Police Commissioner of Baltimore.
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

Re: Report of the National Advisory (Kerner Report 1967)

Postby admin » Tue May 03, 2016 7:45 am

Chapter 13: The Administration of Justice Under Emergency Conditions

I. THE CONDITION IN OUR LOWER COURTS


A riot in the city poses a separate crisis in the administration of justice. Partially paralyzed by decades of neglect, deficient in facilities, procedures and personnel, overwhelmed by the demands of normal operations, some of the nation's lower courts have staggered under the crushing new burdens of civil disorders.

Some of our courts, moreover, have lost the confidence of the poor. This judgment is underwritten by the members and staff of this Commission, who have gone into the courthouses and ghettos of the cities torn by the riots of 1967. The belief is pervasive among ghetto residents that lower courts in our urban communities dispense "assembly-line" justice; that from arrest to sentencing, the poor and uneducated are denied equal justice with the affluent, that procedures such as bail and fines have been perverted to perpetuate class inequities. We have found that the apparatus of justice in some areas has itself become a focus for distrust and hostility. Too often the courts have operated to aggravate rather than relieve the tensions that ignite and fire disorders.

The quality of justice which the courts dispense in time of civil crisis is one of the indices of the capacity of a democratic society to survive. To see that this quality does not become strained is therefore a task of critical importance.

"No program of crime prevention," the President's Commission on Law Enforcement and the Administration of Justice found, "will be effective without a massive overhaul of the lower criminal courts." [1] The range of needed reforms recommended in their report is broad: increasing judicial manpower and reforming the selection and tenure of judges; providing more prosecutors, defense counsel, and probation officers and training them adequately; modernizing the physical facilities and administration of the courts; creating unified state court systems; coordinating statewide the operations of local prosecutors; improving the informational basis for pretrial screening and negotiated pleas; revising the bail system and setting up systems for station-house summons and release for persons accused of certain offenses; revising sentencing laws and policies toward a more just structure.

If we are to provide our judicial institutions with sufficient capacity to cope effectively with civil disorders, these reforms are vitally necessary. They are long overdue. The responsibility for this effort will rest heavily on the organized bar of the community. The prevalence of "assembly-line-justice" is evidence that in many localities, the bar has not met its leadership responsibilities.

II. THE EXPERIENCE OF SUMMER 1967

In the cities shaken by disorders during the summer of 1967, recurring breakdowns occurred in the mechanisms for processing, prosecuting and protecting arrested persons. In the main, these resulted from the communities' failure to anticipate, and plan for, the emergency judicial needs of civil disorders, and from longstanding structural deficiencies in criminal court systems distended grotesquely to process a massive influx of cases. In many instances tensions and hostilities from the streets infected the quality of justice dispensed by the courts.

While final information on the processing of riot offenders is not yet assembled, the information presently available provides valuable guidelines for future planning.

The goals of criminal justice under conditions of civil disorder are basic:

• To insure the apprehension and subsequent conviction of those who riot, incite to riot or have committed acts of physical violence or caused substantial property damage.

• To insure that law violators are subjected to criminal process, and that disposition of their cases is commensurate with the severity of the offense; to provide, at the same time, for just but compassionate disposition of inadvertent, casual, or minor offenders.

• To provide prompt, fair judicial hearings for arrested persons under conditions which do not aggravate grievances within the affected areas.

In the summer of 1967, these goals too often were disregarded or unattainable.

Despite Large Numbers of Arrests, There Were Few Successful Prosecutions for Serious Crimes Committed During the Riot Period

In Detroit, 26 persons were charged with assault with intent to commit murder (those alleged to be snipers). Twenty-three of those charges were subsequently dismissed. As of September 30, 1967, one out of seven homicide arrests had resulted in a conviction; two were still pending. Of 253 assault arrests only 11 convictions were produced; 58 were still pending. Twenty-one out of 34 arson arrests, and 22 out of 28 inciting to riot arrests, had been dropped by the prosecution.2 Three elements affected successful prosecution of many persons arrested for major offenses:

First, the technique of making mass arrests for serious offenses was sometimes used to clear the streets. Those arrested often included innocent spectators and minor violators along with major offenders. In Newark and Detroit, mass street arrests were made in sectors where sniping was reported and extensive looting occurred.

Second, the obstacles to deliberate, painstaking, on-the-scene investigations during a riot are formidable. Thus, insufficient evidence was obtained to insure conviction on many of the most serious charges.

Third, the masses of arrestees in the major riots so overwhelmed processing and pre-trial procedures that facilities and personnel were not free to deal adequately with serious offenders or with evidence of their crimes. Personnel in police stations were overwhelmed by the sheer numbers of accused persons to be booked, screened, detained, and eventually brought to court. Minor and major offenders were herded unselectively through the process. [3]

Assembly-line booking operations in the Detroit precincts and at the jail -- 20 to 30 employees assigned to 12 hour shifts -- proved inadequate. Records necessary to identify defendants or to check for past criminal records could not be obtained. Follow-up investigation, essential to secure convictions in serious cases, proved difficult or impossible.

With lesser crimes as well, the system displayed an inability to produce successful prosecutions. Looting charges comprised 84% of the felony arrests in Detroit. [4] Yet almost half of the felony charges that went to court were dismissed at preliminary hearing for lack of evidence. [5]

The Massive Influx of Arrested Persons Resulted in Serious Deprivation of Legal Rights

From the point of arrest on, accused persons in Detroit and Newark suffered the abuses of an overtaxed and harassed system of justice. In Detroit, inability to maintain a centralized system of arrest records meant that families and defense attorneys could not locate arrested persons confined in widely scattered emergency detention facilities. In one day alone, 790 persons were booked at the Wayne County Jail and 1,068 sent on to other detention facilities, usually without opportunity to notify or consult family or counsel.

Regular detention facilities were swamped. Detroit's main city jail, built for 1,200 persons, was crammed with over 1,700. Precinct lockups built for 50 prisoners received. 150 or more. The juvenile detention home built for 120 held over 600 during the riot. Makeshift detention facilities were commandeered; 1,000 arrestees were held in an underground police garage for several days, many without adequate food or water. Others were held for over 24 hours in city buses. Adults of both sexes were sometimes locked up together. In Newark, a large portion of those arrested were held in an armory without proper food, water, toilet or medical facilities. Prisoners had no way to contact lawyers or relatives. Members of the press or official observers were unable to reassure those on the outside. In the absence of information about arrestees, new rumors and fears added to the tensions of the riot.

Judicial Procedures Became Oriented to Mass Rather Than Individualized Justice

Normal screening procedures were overrun in the chaos of the major disorders. Rational decisions to prosecute, delay prosecution on good behavior, or dismiss, to release with or without bail pending trial, to accept a plea to a lesser charge or to press for conviction on the original charge, to impose a just sentence -- require access to a comprehensive file of information on the offender contributed by police, prosecution, defense counsel, bail interviewers and probation officers. Orderly screening requires time, personnel, deliberation. These elements were absent in the court processing of participants in the major riots.

In Detroit defendants were herded to arraignment in groups. [6] There was little chance to screen out those cases that could best be handled out of court or which could not survive trial. Defense counsel were not allowed to represent defendants at this stage in Detroit. Some judges failed to advise the defendants of their legal rights. After one group-arraignment, a Detroit judge told the next group of defendants, "You heard what I said to them. The same things apply to you."

Arraignments in the major riot cities were often delayed several days, thus denying defendants the right to prompt bail. In Detroit many persons arrested for minor ordinance violations were jailed for a number of days before going to court. When the judicial process was finally activated for them, most judges tended to set inordinately high bail so as to frustrate release.7 Pressure on detention facilities thus remained at intolerable levels for several days. Bail for offenses such as looting and property destruction was set as high as $50,000; for assault up to $200,000. Bond for curfew violations was rarely set at less than $10,000 -- Often as high as $15,000 to $25,000. [8] In Newark bail was uniformly set at $500 for curfew offenses, $250 for loitering and at $2,500 and up for property offenses. No attempt was made in most cases to individualize the bail setting process. Pressured by unattainably high bail, many indigent defendants pleaded guilty or accepted immediate trial when offered.

In both Newark and Detroit, detention pressures finally forced a more lenient bail policy. In what were essentially duplications of earlier bail hearings, prisoners were interviewed and released without bail in large numbers." In Newark, an ROR (release on the defendant's own recognizance) program initiated in the last days of the riot interviewed over 700 prisoners (at least half of all those arrested) and secured the release of between 65 and 80 percent.

Courts in several of the smaller cities successfully experimented with release of offenders on their own recognizance from the beginning of the riot. Dayton continued its release on recognizance policy during its September disorder. Most of the 203 people arrested were released without money bail, In New Haven -- out of 550 arrested -- 80 percent were released on their own recognizance.

COUNSEL

The riots underscored other deficiencies in local court systems. Most prominent in the major outbreaks was the shortage of skilled defense lawyers to handle the influx of cases in any fashion approximating individual representation. Even where volunteer lawyers labored overtime, the system was badly strained. Individual counsel was rarely available. Inexperienced lawyers in Detroit were given briefings by experienced criminal attorneys and were handed procedural handbooks before entering the court rooms. [10] They had no opportunity to bargain for pleas before arraignment, or even to see police files before preliminary hearings. In several cities, such as Detroit, Newark, and New Brunswick, volunteer attorneys were denied access to prisoners in jail -- in one case because they could not specify their names. While individual lawyers and legal organizations in several cities provided counsel to represent minor violators (Milwaukee, the Legal Services program; New Haven, the Legal Assistance Association; Cincinnati, the American Civil Liberties Union, National Association for the Advancement Of Colored People and Legal Aid Society); in others (Rockford, Illinois; Atlanta, Georgia and Dayton, Ohio) those defendants normally not eligible for assigned counsel went unrepresented.

The need for prompt, individual legal counsel is particularly acute in riot situations. This is because of the range of alternative charges, the severity of penalties that may be imposed in the heat of riot, the inequities that occur where there is mass, indiscriminate processing of arrested persons, and the need for essential information when charges are made by the prosecutor and bail is set. The services of counsel at the earliest stage, preferably at the precinct station, are essential. Provision of effective counsel at an early stage will also protect against a rash of post-conviction challenges and reversals.

SENTENCING

Trial and sentencing proved equally vulnerable to the tyranny of numbers. Sentences meted out during the riots tended to be harsher than in those cases disposed of later. Some judges in the early days of the riots openly stated that they would impose maximum penalties across-the-board as deterrents. One Cincinnati judge announced that any person brought before him on a riot-connected offense would receive the maximum penalty. Circumstances of the arrest, past record, age, family responsibilities or other mitigating factors were not considered.

The burden of this policy fell on the poorest defendants -- those unable to raise bail -- who agreed to immediate trials. Those who could raise bail and wait out the riot often received more lenient sentences. Once the riots were over, defendants were frequently sentenced to time already spent in detention, if they consented to plead guilty.

In those cities where the riots were less extensive and the number of arrests allowed normal trial procedures to remain largely intact, sentences did not markedly vary from the norm. In Dayton, where most of the 203 law violators were charged with minor offenses such as disorderly conduct and destruction of property, the standard penalty was a fine of $15 to $50. lo Rockford, Illinois, where all arrests were for disorderly conduct or curfew violations, fines were assessed within a $20 to $250 range according to the individual's ability to pay.

A primary function of criminal justice in a riot situation is effectively to apprehend, prosecute and punish the purposeful inciters to riot, and to assure the community at large -- rioters and nonrioters alike -- that law violations will be prosecuted and sentenced according to an ordered system of justice. Dispassionate objectivity on the part of both the bench and the bar -- always required and always difficult -- becomes even more necessary when civil disorders occur. The passions of the street must not enter the courtroom to affect any step in the administration of justice, particularly sentencing. During a riot emergency, it is highly important that courts adhere to established criteria for sentencing. This did not always occur in Detroit and Newark in the summer of 1967. In smaller disorders, such as Dayton, Atlanta, and New Haven, arrests were fewer, arraignments were prompt, release policies were fair and sentences were within normal ranges.

III. GUIDELINES FOR THE FUTURE

In a period of civil disorder, it is essential that our judicial system continue firmly to protect the individual constitutional rights upon which our society is based.

Our criminal jurisprudence has developed important safeguards based on the arrest process as the mechanism which activates the full judicial machinery. Thus, arrest brings into play carefully developed procedures for the protection of individual rights.

Some suggest that the judicial system must respond to the riot emergency by short-cutting those procedures. Such suggestions, usually referred to as "preventive arrest" or "preventive detention," involve extending the police power to include detention without formal arrest, broadening summary enforcement procedures, and suspending bail hearings and pre-trial procedures for sorting out charges and defendants.

We reject such suggestions. Rather, we urge each community to undertake the difficult but essential task of reform and emergency planning necessary to give its judicial system the strength to meet emergency needs. We make the following recommendations.

The Community Should Prepare a Comprehensive Plan for Emergency Operation of the Judicial System Involving Public and Private Agencies.

A comprehensive plan for the emergency operation of the judicial system during a riot should involve many public and private agencies in the community. It must include:

• A review of applicable statutes and ordinances (and their amendment and revision if necessary) to ensure that there are well drawn, comprehensive laws sufficient to deter and punish the fun range of not behavior. [11]

• Compilations and interpretations of the laws relied on to control such an emergency must be made available to police, prosecutors and, through the press, to the community at large well advance. When a disorder arises there must be no doubt what Citizens are supposed to do and not do. Citizens are more likely to remain calm and resist the provocations of unfounded rumors if they are already familiar with the laws applicable to riot conditions.

• Regulatory guidelines should be drawn in advance detailing interaction of police with other law enforcement personnel (such as state police and National Guard) on who can make arrests and how they should be handled, [12] the charges to enter for prohibited acts, and how certain minor violations may be handled without formal arrest and detention. Booking, screening and bail setting will proceed more efficiently when there are established guidelines for processing large numbers of cases.

• Basic policy decisions for each step in the judicial process must be made: which charges will become eligible for summons and release after arrest, with trial postponed until the emergency is over? Will any defendants be released during a riot and on what conditions? Which charges require immediate court processing? Which charges require an immediate follow-through investigation in order to support subsequent prosecution?

• Bail and sentencing policies applicable during emergencies should be defined by the judiciary with consistency and justice as a goal Bail interviewers and probation officers should be instructed as to the kind of information required for release or sentencing decisions in a riot situation.

• Administrative techniques should be established by the court to ensure that eligible indigent defendants will be represented by counsel at the earliest stage.

• Arrangements for night and weekend court sessions should be made.

• Public and volunteer defenders can be more effectively utilized if there are prior allocations to each group of specific classes of cases; and if there are agreed procedures for assigning counsel to each defendant and for determining how long they will remain on the case. For instance, volunteer lawyers may be provided to represent riot participants who normally would not be eligible to obtain public defenders because of the minor nature of their violations. The entire organized bar of the city and even the state -- and particularly Negro or other minority members of the bar -- should be involved in emergency planning. Adequate provision must be made for individual counseling of clients in order that effective representation does not deteriorate, as it did in many cities last summer. There must be training courses in advance to ensure that all participating lawyers are prepared for the task. Defense strategy on such basic issues as plea negotiation, bail review, and habeas corpus needs to be planned ahead of time. A control center where volunteer lawyers may get advice and investigative help during a riot is an essential component of planning.

• Sufficient facilities as near as possible to the court must be found to house, in a humane fashion, those detained during riots. Civic and service groups have vital roles to play in this aspect of riot planning. Temporary detention centers can generate terrible conditions if proper medical care, communication with the outside, food and sanitary facilities are not provided. Juveniles require special handling aimed toward early return to their parents. Community organizations and volunteers willing to temporarily shelter or supervise juveniles and adults from the riot area must be enlisted, coordinated, and assigned according to plan.

• Press coverage and impartial observers to report to the community on all stages of processing should be provided. information centers, accessible by a well publicized phone number, must be set up to locate defendants promptly and to assure continual contact with their families.

• Emergency planning should also include agreements between different levels of courts and among courts in different jurisdictions to facilitate emergency transfers of judges. prosecutors, and probation officers. Where necessary, laws should be passed allowing the appointment of members of the bar as special judges during such an emergency. Auxiliary courtrooms need to be readied. A master list of all competent clerical personnel in the area to help process defendants' records quickly is needed.

We think it probable that a highly visible plan, in which basic procedures for handling riots are established and publicized beforehand, and in which ghetto leaders and citizens are full participants, will have a reassuring effect during a disorder. People need to know where they stand -- what they can and cannot do and what will happen to them if they are arrested in a riot situation.

Prevention is paramount, but experience has shown that refusal to plan is foolhardy and can only compound the human agonies of civil outbreak.

The organized bars of our cities and states have a special responsibility in planning for the administration of justice during a riot. Their responsibility does not stop with providing defense counsel for rioters; they must assist the overloaded prosecutors as well. Their participation cannot be confined to a small segment -- the defense bar or legal aid lawyers -- it must encompass the large law firms, the corporate counselors and those who are leaders in the local bar. Lawyers must take the lead in showing the community that orderly justice is a priority item in any plan for riot prevention and control.

Recommended Policies in the Process of Arrested Persons During Emergency Periods

ARRESTS


Alternatives to Arrest. In any riot, the first priority is to enforce the law. This may require clearing the streets and preventing persons from entering or leaving the riot area. The authority of local police and other law enforcement officials should be spelled out in carefully drawn laws with a range of alternatives to arrest. Persons in the riot area should be permitted to "move on" or "out" -- to go back to their homes voluntarily before police resort to arresting them. Discriminating use of such options by the police would tend to reduce the number of innocent bystanders or minor curfew violators picked up, and thereby alleviate congestion of judicial machinery.  [13]

There are other situations during a riot when alternatives to arrest and detention may prove useful. One such alternative is a summons or notice to appear (like a traffic ticket). It may be handed to a citizen on the spot and requires him to appear later for processing at the police station or in court. Situations do arise such as curfew violations or where the act of arrest itself threatens to set off a new chain of violence when the police should be given the discretionary power to issue on-the-street notices to minor violators. The primary advantage of the summons is that it avoids congestion of facilities and frees police personnel to remain on the street.

Guidelines for police discretion to use the summons must be drawn up in advance and the police instructed in proper exercise of such discretion. The summons will be most useful in emergencies if the police are already accustomed to using them as a routine law enforcement tool.

Follow-up in serious arrests. Just as essential as avoiding unnecessary arrests is the formulation of special measures to ensure the effectiveness of arrests for serious violations. On-the- spot photos have been found useful in some jurisdictions. They fix the accused's identity and help to refresh the police officer's recollection after he has made scores of arrests for different offenses within a matter of hours.

In the serious case the arresting officer should fill out a reasonably detailed incident report as soon as feasible. At the station house, serious offenders might be turned over to a special follow-up detail, who can conduct early interrogation, check fingerprints and police records, or even revisit the scene for additional necessary evidence. Thus, serious cases will be separated at the outset for special processing designed to produce effective prosecution. [14]

POST-ARREST PROCESSING

Processing facilities. Some experts have suggested that all persons arrested during a riot be taken to a central processing center, preferably near the court, where available resources can most efficiently be used and intelligence activities can be coordinated (lawyers and relatives looking for arrested persons would at least know where to start). Others point out that a single location would impose a hardship on residents of widely dispersed communities; that neighborhood processing centers should be used. A two-step process may be preferable -- screening for immediate release at the local precinct or neighborhood center, with later transportation to a single detention center for those not released or who cannot be taken immediately to court.

The proper choice of single or multiple processing centers will be determined by community size, location of available facilities in relation to the courts, the dimensions of the disturbance, and the number of arrested persons. But the facilities themselves must be arranged in advance and equipped for emergency conversion. Alternate plans may be necessary, since many factors cannot be predicted in advance. If multiple detention or processing centers are used, a central arrest and disposition record system is essential, so that prisoners can be located by their families and lawyers. The phone number of the central information post should be well publicized, and the telephone should be manned on a 24-hour basis. In Detroit where there were nine separate detention centers, and in Newark where there were five, together with several precinct stations, no centralized arrest record system was maintained. Confusion and distress over "lost" persons was widespread.

Screening for release. The most important function of post-arrest screening is promptly to separate different classes of offenders so they can be treated on rationally different bases: some summoned and released at the station house; some released on their own recognizance for later prosecution; some held until arraignment and further disposition by a judicial officer. It is, therefore, critically important that prosecutors, defense counsel, and bail interviewers be present in sufficient numbers at the initial processing center. Serious violators accused of murder, arson, sniping, aggravated assault, robbery, possession of explosives or incitement to riot must be separated at this early point, necessary follow-up investigations begun and preparations made for prompt presentment in court. Most minor offenders swept up in dragnet arrests should be issued a summons and released. Curfew offenders or hotheads picked up for failure to disperse at the scene, but now cooled down and cooperative, might be released without further detention, postponing a decision whether later to prosecute. Juveniles should be immediately separated for disposition by juvenile judges or by probation officers authorized under local law to release them to parents or to place them in separate juvenile facilities. [15]

Between the innocent person and the dangerous offender lies a mass of arrestees, brought in on felony charges relating to offenses against property -- breaking and entering, burglary, looting. [16] Handling these cases requires broad and sensitive discretion. Some looters may be professional thieves systematically exploiting the riot chaos. Some looters are normally law abiding citizens. In Detroit, after the riot had subsided, many persons returned looted merchandise. These people usually have no significant prior criminal records. [17] Although prosecution may still be justified, in most instances they may safely be released back into the community to pursue their livelihood and prepare their defense. [18] According to predetermined standards agreed upon by police, courts. and prosecutors they should be interviewed promptly for issuance of a summons and release at the station house. Where they have solid roots in the community, [19] and no serious criminal record they should be allowed to return to their homes and jobs. The station-house summons after arrest might also be reinforced by a law providing more severe penalties for those who commit new violations while awaiting their court appearances.

Several cities have had favorable experience in using stationhouse summonses in nonriot situations and in small scale demonstrations. This technique, pioneered by the Vera Institute of Justice in New York City in conjunction with the New York Police Department, permits the police to release defendants after booking and station-house processing with a summons to appear in court at a later time. The summons is issued on the basis of information about the defendant -- obtained from an interview and verified only in exceptional cases -- showing that he bas substantial roots in the community and is likely to appear for trial. Station-house summonses are now used in all New York City precincts and have measurably improved police efficiency -- an average of five man hours saved in every case -- while 94 percent of defendants summoned have appeared voluntarily in court. [20] New Haven, where the station-house summons was routine under non-riot conditions, employed the technique during the riot with notable success. At least 40 percent of all arrestees were released in this manner, including some charged with felony offenses.

Successful employment of this technique requires a corps of bail interviewers, and procedures for checking quickly into an arrestee's past record. [21] It also means providing transportation to deliver defendants either back to their homes or to shelters outside the riot area. With adequate planning there will be a registry of churches, civic organizations, neighborhood groups, and poverty centers to supervise persons released or to provide temporary shelter if necessary.

In using these procedures at the station house or screening center, wide discretion must be left to police and prosecution to refuse to summons and release riot participants who appear to pose a substantial risk to the community. Persons rearrested after release, for any but the most trivial violations, should be disqualified from further summons and release without judicial sanction.

The desirability of using defense lawyers in the stationhouse screening process is suggested by the New Haven experience. The lawyers can contribute information about the defendants; help to make release arrangements; negotiate on the charges with the prosecutors and guard against any overcharging which would prevent early release; insure that the defendants understand their legal rights and the reason for cooperation in summons interviews.

Booking procedures. The ordinary mechanics of booking and record keeping must be simplified at the emergency screening center. Special techniques must be devised to record necessary information about arrestees. The multiple-use form devised by the United States Department of Justice for large protest demonstrations may provide a prototype.

Single copies of this form are sent to key points in the process through which arrestees pass. One copy is sent to the Bureau of Prisons where a central record of arrested persons is kept. Another is sent to the detention center where arrestees are taken. The first copy contains all information necessary to present a formal charge against a defendant in a hearing before a United States Commissioner: defendant's name, basic facts of the alleged offense, time and date of the offense, name of the arresting officer.

At the processing station where the arrestee is first detained, the arresting officer fills out the form and swears to its facts. He is then freed to return immediately to his duty station. A notary public is present at the processing station to notarize the forms as required by law.

The arrestee's picture is taken at the time the form is filled out if this has not already been done on the scene. The picture is attached to a copy of the arrest form. Thus, the arrestee can later be identified, even if he refuses to give his name. A docket number is also assigned to the case which is used thereafter throughout each phase of processing. Docket numbers are assigned consecutively. The number of persons arrested can thus readily be ascertained.

The Commission recommends that cities adopt this type of form.

DETENTION AND BAIL SETTING

Court personnel. For those arrested persons who are not considered safe risks for station-house summons and release, detention facilities must be provided until such time as they can be brought to court for arraignment. By means of extra judges and court sessions, arraignments and bail hearings should be arranged as quickly as is consistent with individualized attention. [22]

To meet the extraordinary case load encountered during riots, judges from courts of record can be asked to volunteer for lower court arraignments and bail settings. Emergency plans should provide for service by out-of-town judges, judges from other courts, and if necessary specially appointed judges sitting on a temporary basis. A statewide prosecutor system -- another recommendation of the Crime Commission -- would also be valuable in providing a reserve force of additional prosecutors with experience in local and state law. In the absence of this flexibility, former prosecutors and private attorneys should be specially deputized and trained in advance for emergency service.

Provision should be made for exchange of court personnel among communities in a metropolitan area or in a regional council. Authorities might also provide an emergency corps of court clerical personnel to move swiftly into riot tom cities for immediate service.

Detention facilities. At the detention centers, teams of defense lawyers, social workers, interviewers and medical personnel should be on hand to gather pertinent information about detainees to present to the judge at bail hearings. Defense counsel should be prepared to propose reasonable conditions for release of each prisoner which will guard against renewal of riot activity.

Bail setting. When the riot defendant comes before the court, he should receive an individual determination of bail amount. He should be represented by counsel and the judge should ascertain from counsel, client, and bail interviewer the relevant facts of his background, age, living arrangements, employment, past record. Uniform bail amounts based on charges and riot conditions alone should be shunned as unfair.

With the constitutional imperatives of bail and pre-conviction release well in mind, we are fully aware that some rioters, if released, will commit new acts of violence. This is an aggravated extension of a problem which has engaged law enforcement officials and criminal law authorities for many years. Although the number of dangerous offenders, even in a riot, [23] may not be sizable, how to determine and detain them before trial poses a problem of great perplexity. The Commission realizes that in riot situations the temptation is strong to detain offenders by setting money bail in amounts beyond their reach. In the past, such high money bail has been indiscriminately set, often resulting in the detention of everyone arrested during a riot without distinction as to the nature of the alleged crime or the likelihood of repeated offenses.

The purposes of bail in our system of law have always been to prevent confinement before conviction and to insure appearance of the accused in court. The purpose has not been to deter future crime. Yet some have difficulty supporting a puristic adherence to the doctrine when it results in releasing a dangerous offender back into the riot area.

We point out that, as to the dangerous offender, there already exists a full range of permissible alternatives to outright release as a hedge against his reentry into the riot.

These include: release on conditions that forbid access to certain areas or at certain times; part-time release with a requirement to spend nights in jail; use of surety or peace bonds on a selective basis.24 In cases where no precautions will suffice, trial should be held as soon as possible so that a violator can be adjudicated innocent and released; or found guilty and lawfully confined pending sentencing. Finally, special procedures should be set up for expedited bail review by higher courts, so that defendants' rights will not be lost by default.

RIGHT TO COUNSEL

The right to counsel is a right to effective counsel. An emergency plan should provide that counsel be available at the station house to participate in the charging and screening operations, to provide information for station-house summons and release officers and to guard against allegations of brutality or fraudulent evidence. All accused persons who are not released during post-arrest processing should be represented at the bail hearing, whether or not local law provides this as a matter of right. During any pre-court detention period, defense counsel must be able to interview prisoners individually at the detention center; privacy must be provided for these lawyer-client consultations.

The number of lawyers needed for this kind of individual representation is obviously great, thus furnishing another argument for screening out early as many innocent persons and minor offenders as possible, and releasing as many of the rest as can be relied upon to create no new disturbance and to return for trial. Local bar associations, public defender offices, legal aid agencies, neighborhood legal services staffs, rosters of court-assigned counsel, law schools and military establishments are sources of manpower. They can be pre-trained in the procedures of an emergency plan and called into volunteer service. Assigning one lawyer to a group of defendants should be discouraged. If possible, each defendant should have his own lawyer ready to follow the case to conclusion. Case quotas can be established ahead of time, with teams of lawyers prepared to take over in relays. Law students can be used as investigators and case assistants. Legal defense strategy and sources of experienced advice for the volunteers should be planned ahead of time.

Any community plan must make adequate provision for fair representation whenever the trials are held, whether during the heat of riot or at a later, more deliberate time.

There must be no letdown of legal services when trials and arraignments are postponed until the riot runs its course. The greatest need for counsel may come when the aura of emergency has dissipated. Volunteers then may be less willing to drop their daily obligations to represent riot defendants. If this occurs, assembly-line techniques may be resorted to in an effort to complete all pending matters cheaply and quickly. In one city this letdown had unfortunate results: up to 200 post-trial arraignments were assigned to one lawyer each day. Courtroom "regulars" were given such group assignments in preference to the volunteers' more individualized representation.

TRIAL AND SENTENCING

Important policies are involved in deciding whether judicial emphasis during the riot should be placed on immediate trials of minor offenders, prompt trials of serious offenders, or arraignment and bail-setting only. In the case of some serious offenders, prompt trials may be the only legal route to detention. A defendant, however, will often prefer later trial and sentencing in the post-riot period, when community tensions are eased (if he is not detained during the delay). Witnesses may also be difficult to locate and bring to court while riot controls are in effect: Arresting officers cannot be easily spared from their duty stations. Unprejudiced juries will be difficult to empanel. Prosecutors may be more receptive at a later date to requests for dismissal, reduction of charges or negotiated pleas. [25] The most rational allocation of judicial manpower, as well as basic fairness, suggests that decisions at such vital stages as prosecution, plea negotiation, preliminary examination and trials be postponed until the riot is over in all but minor cases. At the same time, it is necessary to avoid congesting the jails and detention centers with masses of arrestees who might safely be released. Both can be accomplished only with a workable post-arrest screening process, and pre-trial release of all except dangerous defendants.

Trails of minor offenses, involving detained defendants should be scheduled quickly, so that pre-conviction confinement will not stretch jail time beyond authorized penalties. Arraignments and bail hearings for those not summoned and released at the station house should be held as soon as possible. Trials and preliminary examinations of released offenders can be postponed until the emergency ends, unless the defendants pose a present danger to the community.

Sentencing is often best deferred until the heat of the riot has subsided, unless it involves only a routine fine which the defendant can afford. Riot defendants should be considered individually. They are less likely to be hardened, experienced criminals. A pre-sentence report should be prepared in all cases where a jail sentence or probation may result. The task of imposing penalties for many riot defendants which will deter and rehabilitate is a formidable one. A general policy should be adopted to give credit on jail sentences for preconviction detention time in riot cases.

After the riot is over, a residue of difficult legal tasks will remain: proceedings to litigate and compensate for injustices -- false arrests, physical abuse, property damage -- committed under the stress of riot; [26] actions to expunge arrest records acquired without probable cause; restitution policies to encourage looters to surrender goods. Fair, even compassionate, attention to these problems will help reduce the legacy of post-riot bitterness in the community.

IV. SUMMARY OF RECOMMENDATIONS

The Commission recommends:

That communities undertake, as an urgent priority, the reform of their lower criminal court systems to insure fair and individual justice for all. The 1967 report of the President's Commission on Law Enforcement and the Administration of Justice provides the blueprint for such reform.

That communities formulate a plan for the administration of justice in riot emergencies. Under the leadership of the organized bar, all segments of the community, including minority groups, should be involved in drawing up such a plan. The plan should provide clear guidelines for police on when to arrest or use alternatives to arrest. Adequate provision must be made for extra judges, prosecutors, defense counsel, court and police personnel to provide prompt processing, and for well-equipped detention facilities. Details of the plan should be publicized so the community will know what to expect if an emergency occurs.

That existing laws be reviewed to insure their adequacy for riot control and the charging of riot offenders, and for authority to use temporary outside help in the judicial system.

That multiple-use processing forms (such as those used by the Department of Justice for mass arrests) be obtained. Centralized systems for recording arrests and locations of prisoners on current basis should be devised, as well as fast systems to check fingerprint identification and past records. On-the-spot photographing of riot defendants may also be helpful.

That communities adopt station-house summons and release procedures (such as are used by the New York City Police Department) in order that they be operational before emergency arises. All defendants who appear likely to return for trial and not to engage in renewed riot activity should be summoned and released.

That recognized community leaders be admitted to all processing and detention centers to avoid allegations of abuse or fraud and to reassure the community about the treatment of arrested persons.

That the bar in each community undertake mobilization of all available lawyers for assignment so as to insure early individual legal representation to riot defendants through disposition, and to provide assistance to prosecutors where needed. Legal defense strategies should be planned and volunteers trained in advance. Investigative help and experienced advice should be provided.

That communities and courts plan for a range of alternative conditions to release, such as supervision by civic organizations or third party custodians outside the riot area, rather than to rely on high money bail to keep defendants off the streets. The courts should set bail on an individual basis and provide for defense counsel at bail hearings. Emergency procedures for fast ball review are needed.

That no mass indictments or arraignments be held, and reasonable bail and sentences be imposed, both during or after the riot. Sentences should be individually considered and pre-sentence reports required. The emergency plan should provide for transfer of probation officers from other courts and jurisdictions to assist in the processing of arrestees.

_______________

Notes:

1. The President's Commission on Law Enforcement and the Administration of Justice, The Challenge of Crime In a Free Society, A Report, 1967, p. 128; and Task Force on Administration of Justice, Task Force Report: The Courts, 1967, p. 29.

2. In the 1965 Watts riot, of seven persons arrested on homicide charges, five were subsequently released. None has yet been convicted. A total of 120 adult arrests for assault produced only 60 convictions; 27 adult arson arrests: seven convictions. In Newark, one homicide Indictment and 22 assault Indictments (none for sniping) have been returned.

3. In Detroit 7,231 arrests were made during the nine day riot, In Newark 1,510 in five days. In one week, the Detroit Recorder's Court handled a month's quota of misdemeanor cases and a six•months' quota of felony cases.

4. Fifty-five percent of all prosecuted arrests were for looting. Twenty-four percent of all riot arrests for felonies were not prosecuted.

5. Sixty percent of felony riot charges went to preliminary hearing. At this stage, 49 percent of those charges were dismissed, as compared with only 23 percent of felony charges dismissed during 1966.

6. One thousand defendants were arraigned in a single day In the Detroit Recorder's Court (250 per six-hour shift). Information usually available to the judge at arraignment on the warrant -- i.e., fingerprint checks, interviews, investigative reports, formal complaints -- was often missing due to the logjam in the warrant clerk's office. Grand jury proceedings suffered similarly. Mass indictments naming 100 or more defendants were handed down In all-day sessions in Newark after average deliberation of less than two minutes per case.

7. In Detroit, the prosecutor announced this policy publicly and most of the judges acceded. The Recorder's Court in 1966 released 26 percent on their own bond. During the riot the figure was 2 percent. Acceptance of money bonds in any amount was suspended during one 24-hour period. Offers of defense counsel to appear at bail hearings with information about defendants were rejected.

8. A survey of Detroit riot defendants held In Jackson State Prison for lack of bail, showed only 9 percent with bond set below $1,500; 14 percent with bond set between $1,500 and $2,500; 20 percent between $5,000 and $10,000; 44 percent between $10,000 and $25,000. Another survey of defendants imprisoned in Milan federal penitentiary who were arrested on the first day of the riot for property offenses, showed 90 percent with bond set between $10,000a nd $50.000.

9. The prosecutor finally initiated the lenient bail policy in Detroit. (One judge, however, used bail examiners throughout the riot and released 10 percent of defendants who came before him on their own recognizance.) Over 3,000 were released within a few days through bail review; by August 4, only 1,200 remained in detentlon. Files were flown to the FBI for checking to expedite release. Only one known re-arrest (for curfew violation) was reported from among such persons released. When preliminary examinations began on August 1. most defendants were released on $500 personal bond. except in violent crimes or cases of serious prior records.

In Newark, on the Sunday following the Wednesday the riot began. the judges went into the jails to conduct bail review hearings.

10. The Detroit Bar Association mustered over 700 lawyers (10 to 15 percent of its membership) to serve as defense counsel. They were used primarily at preliminary bearings and arraignments on the information -- not at initial bail hearings.

11. For example: it has been suggested that rather than relying on vague disorderly conduct or loitering statutes in riot situations, specific laws or ordinances be enacted which. upon declaration of emergency, deal with possession of incendiary devices (even before they are used). interference with police, firemen or other emergency workers, storage of firearms, restrictions on access to riot areas, restriction on sale of liquor or firearms during emergencies, imposition of curfews, and crowd dispersal. Laws designed to meet such emergency circumstances must be specific and uniform regarding conditions which must exist to invoke their application, who may proclaim such an emergency, and what activities or powers such a declaration limits or permits. Provision should also be made for judicial review of the invocation of such emergency laws.

12. During the Detroit riot, processing difficulties arose because National Guardsmen, who could not make arrests under state law, handed prisoners over to local police without sufficiently recording circumstances of the arrests.

13. In Detroit there were 935 adult arrests for curfew violations; 570 In Milwaukee: 335 in New Haven; 95 In Newark; 264 in Watts. A survey of 1,014 males in Detroit's Jackson Prison who had been arrested for riot offenses showed 120 were there for curfew offenses.

14. Fifty-seven percent of adults booked on felonies in the Watts riots were convicted as compared with 72 percent on misdemeanors. A total of 732 were given jail sentences, only 36 of which exceeded six months. According to the report of the California Bureau of Criminal Statistics "These case dispositions have ... suggested that there was little before the court in the form of evidence or positive proof of specific criminal activity." (p. 37)

15. In the Watts riot, 556 juveniles (14 percent of all arrests) were taken Into custody: 448 (16 percent) in Newark; 105 (20 percent) in New Haven; 62 (30 percent) in Dayton; 23 (6 percent) In Cincinnati; 703 (10 percent) ID Detroit.

16. In Detroit, 84 percent of felony charges were for forms of looting. In Watts, 82 percent were arrested on felony charges, most of them "burglary."

17. Statistics on arrested persons in the Watts riots show that 38 percent bad no major record (i.e., they bad never been sentenced to more than 90 days) and 27 percent had no record at all. In Detroit, 51 percent of the arrestees bad no arrest records. A sample of those arrested on the first day of the riot -- 76 percent for looting -- showed 41 percent with no record at all and only 17 percent With any felony record. In Newark, less than 45 percent of the arrestees had any police record.

18. It has been pointed out by defense counsel in Detroit that in widespread searches in private homes, any new goods found were often confiscated as loot. The accused looters' defense would be to produce a bill of sale, or in some cases alibi witnesses as to his whereabouts at the time of the alleged looting. In either event, the accused was severely prejudiced if he could not return to his home or neighborhood before trial.

19. Analysis of I,057 convicted Watts arrestees referred for pre-sentence reports mowed 85 percent lived with family or friends; 73 percent were employed; 75 percent had lived in the community five years or more. In Detroit's Jackson Prison, a survey of riot defendants showed 83 percent charged with some form of breaking, looting, or larceny; 73 percent had lived at the same address over a year; 80 percent were employed; 47 percent had no arrest record and 67 percent no conviction record. In Detroit 887 females were arrested, mostly for looting; 74 percent of the females had no prior record. Many had young children to care for. The Newark analysis of arrestees showed only 10 percent from out of the city.

20. In its first six months of city-wide operations, New York police issued more than 5,500 station-house summonses to about 25 percent of all persons arrested for summonsable offenses. The default rate was below 6 percent, and 3.5 percent of those involved cross-complaints in private assault cases. The police have not issued summonses in some cases of picketing or protests because they were able to centrally book and arraign the number involved immediately. On the other baud, they cite marked success in summonsing up to 100 demonstrators in a school busing protest, and report that "further use of the summons process will be made in like instances."

21. During the riots, some cities such as Cincinnati which already had R.O.R. programs, suspended them because of the difficulty of identifying and verifying information about arrested persons. Other cities such as Dayton continued to use the program. In Newark, which began releasing persons in large numbers toward the end of the riot, verification of interview information was not required. The New York station-house summons program does not ordinarily verify interview information; as a result, the average time expended on a summons case is only one hour. While checks of local criminal records might be necessary, FBI fingerprint checks delay any release process for a considerable time, and are not required in present station-house summons procedures. In the riot situation, such requirement should be confined to serious cases where false identity is strongly suspected.

The shortage of police trained in identification procedures at the Detroit processing centers has been commented upon by the judges there. It has been suggested that a list of all such trained ID officers be drawn ahead of time for emergency use. Such help is needed so that arrest records, fingerprint checks, photo identifications, and other information can be provided quickly for use in station-house summons interviews and court bail hearings.

22. In many jurisdictions normal processing time will have to be speeded up to avoid Intolerable congestion. The President's Commission on Law Enforcement and Administration of Justice recommended as a norm that first court appearances follow arrest within hours, with preliminary hearings and formal charges three days later for jailed defendants; and that the delay between arraignment and trial be no longer than nine weeks. On the other hand, jurisdictions which impose maximum time limits on various stages of the court process for all defendants may want to provide for relaxation during an emergency. As a result of a 10-day preliminary hearing rule in Detroit, defendants freed on bail had to be processed as quickly as those detained in makeshift facilities. Authorization to handle those detained on a priority basis would have alleviated the harsh congestion problem In those facilities.

23. In the Detroit riot there were seven arrests and three prosecutions for homicide; nine arrests and' two prosecutions for rape; 108 arrested and 18 prosecutions for robbery; 206 arrests and 55 prosecutions for assault; 34 arrests and 13 prosecutions for arson; 28 arrests and six prosecutions for inciting to riot; 21 arrests and 18 prosecutions for possessing and placing explosives. In Newark there were arrests for one murder two arsons, 46 assaults, 91 weapons offenses,, and four robberies. In Watts, there were 120 booked and 60 convicted for aggravated assault, 94 booked and 46 convicted for robbery. 27 arrested and seven convicted for arson; seven booked for homicide, none convicted and two cases pending.

24. We are aware that predicating the condition of release upon danger of renewed riot activity represents some departure from existing law and may also be challenged in the courts. It has, however, been recommended by the President's Commission on Law Enforcement and Administration of Justice as a preferable alternative to preventive detention. The Challenge of Crime in a Free Society -- A Report, 1967, p. 131-2.

25. For whatever reasons -- policy or evidentiary problems -- in the Watts riots, 43 percent of adult felony arrests and 30 percent of adult misdemeanor arrests did not result in convictions. In Detroit, 25 percent of all arrests and 24 percent of the felony arrests were not prosecuted, including 57 percent of the homicide arrests, 74 percent of the aggravated assault arrests, 83 percent of the robbery arrests, 43 percent of the stolen property arrests, and 62 percent of the anon arrests. Only 29 percent of the curfew arrests were not prosecuted. Reportedly, plea bargaining in Detroit was based almost entirely on a defendant's past record.

26. The Newark Legal Services Program reported 29 complaints after the riot from ghetto residents concerning personal indignities; 57 about physical abuses; 104 about indiscriminate shooting; and 96 about destruction of property.
admin
Site Admin
 
Posts: 36125
Joined: Thu Aug 01, 2013 5:21 am

PreviousNext

Return to Slavery 2.0: Racist Cops and the Prison Industrial Complex

Who is online

Users browsing this forum: No registered users and 4 guests

cron