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Transgender People And The Criminal Justice System

Source: GayRVA.com

Source: GayRVA.com

Last week, I participated on a panel, Transgender People in Criminal Justice and Law Enforcement Settings: Recent Research, hosted by the Virginia Anti-Violence Project (VAVP) at University of Richmond’s downtown campus.  Dr. Eugene F. Simopoulos, a forensic psychiatrist, presented a thorough review of gender identity and expression, and the treatment of trans people in the criminal justice system and medical institution.  Responses were offered by Edward Strickler (secretary of the Board of Directors of VAVP), Rebecca Glenberg (Legal Director, ACLU of VA), and me (in my capacity as a sociologist).  Our collective goal was to educate local law enforcement about trans people, particularly their treatment within the criminal justice system, and hopefully offer recommendations for improvements.  Below, I offer the notes from my response to Dr. Simopoulos.  You can see media coverage of the event at GayRVA.

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As a sociologist, I study discrimination, and its consequences for marginalized groups’ health and well-being. There are two features of my scholarship that I believe will be useful for today’s conversation about trans people generally and in the criminal justice system specifically.  The first is to offer a critical sociological perspective for understanding discrimination.  The way that most people understand discrimination in an everyday sense is fairly narrow.  In particular, discrimination is thought to include specific, rare, and identifiable events of unfair treatment that are committed by specific, identifiable perpetrators who harbor prejudice toward a particular disadvantaged social group.  Thus, the intent of one’s actions are crucial here, regardless of the impact on the victim.

However, as a sociologist, I recognize that discriminatory treatment is much more complex than this, and often occurs in the absence of explicit, conscious bias.  The discriminatory acts perpetrated by a member of a dominant group against a member of a stigmatized group are merely the behavioral component of a system of oppression.  And, these acts are justified by the ideological component of this system of oppression, or what we typically call prejudice.  I suggest, then, that we think about transphobia as a system of oppression.  The discrimination and harassment that transgender people face is neither rare nor random; rather, trans people repeatedly face discrimination, harassment, and violence across multiple contexts, and throughout their lives.

Transphobia Is A System Of Oppression

Transphobia, as a social system, includes the discriminatory acts perpetrated by cisgender (i.e., non-transgender) people against transgender people.  It also operates through important institutions in society – the medical institution, the criminal justice system, education, the military, and so forth.  It shapes the policies and practices of these institutions in ways that disadvantage, harm, and/or exclude transgender people.  Finally, transphobia manifests as laws and policies, particularly at the federal and state levels, that disadvantage, harm, and/or exclude transgender people.  This includes seemingly-neutral laws and policies that are harmful, nonetheless.  One example would be the push for voter identification laws, which places additional burdens on trans people, particularly those whose legal documents do not reflect their current gender identity.

I offer this perspective of transphobia as a system for two reasons.  First, I wish to highlight that the challenges to improve the treatment of transgender people are by no means unique to the criminal justice system.  Second, I want to push our conversation about trans people’s interaction with and experiences in the criminal justice system into the broader context of transphobia.  The challenges that transgender people face in the criminal justice system are both cause and consequence of the challenges they face in other domains of society.  The National Transgender Discrimination Survey notes that trans people are more likely to interact with law enforcement and/or enter the criminal justice system because: 1) they are more likely than cisgender people to be a victim of a crime, particularly anti-trans hate crimes; 2) they are more likely to be homeless, kicked out of their homes by family or due to extreme poverty; and, 3) because of employment discrimination, many transgender people turn to sex work, selling as well as using drugs, or other parts of the underground economy.

Intersections With Racism And Classism

The second feature of my scholarship that I wish to share today is a framework that considers how other systems of oppression intersect with transphobia. Black feminist scholars have developed a concept called intersectionality to understand the interlocking and mutually reinforcing relationships among racism, sexism, classism, and heterosexism. We can add to this list transphobia. Relatedly, they argue that you cannot attend to one of an individual’s multiple social identities to fully capture that individual’s experiences, well-being, and status in society.

In today’s conversation, by thinking of trans people solely in terms of their gender identity and expression, we miss important ways in which transgender people’s experiences are shaped by their race and ethnicity, immigrant status, social class, and other identities. More specifically, we miss that certain segments of transgender communities – namely poor trans people, trans women, trans people of color, and especially trans women of color – are particularly vulnerable to violence, discrimination, harassment, sexual violence, poverty, homelessness, and poor health.

Findings from a few recent reports, including the NTDS Survey, and the National Coalition of Anti-Violence Programs report for 2013, suggest that these groups bear the greatest burden of the challenges that trans people face in the criminal justice system. And, these disparities exist in every context in the system, from interactions with police, to arrest, to treatment in prisons.

  • While 60% of the transgender people in the NTDS survey report any interaction with law enforcement, the number jumps to 80% for Black and Latina trans women.
  • Trans women of color are more likely to report being targeted, disrespected, and harassed, and assaulted by police than other trans people, and LGBT people in general. For example, under New York City’s practice of “stop-and-frisk,” wherein 90% of individuals who were stopped were Black or Latina/o, LGBT people, especially trans women, were disproportionately represented.
  • Trans women, particularly trans women of color, are often stopped by police because they are assumed to be sex workers – a pattern that the ACLU and other groups has now referred to as “walking while trans,” akin to racial profiling or “driving while Black.”
  • While only 3% of the general population has ever been incarcerated, 16% of trans people have ever been sent to jail or prison. And, that figure is 41% for Black and Latina trans women; almost all report that they were incarcerated due to transphobic bias.
  • Among trans people who have been incarcerated, trans women of color serve longer sentences, and are more likely to be harassed, and physically and sexually assaulted by both fellow inmates and prison staff than other trans people.
  • And, a greater percentage of trans women of color report that either other inmates or prison staff block their access to hormones or regular medical care.

To conclude, I want to reiterate the importance of recognizing the roles that race, ethnicity, immigrant status, and social class play – or, more specifically, how racism and classism intersect with transphobia. We must avoid thinking of and treating trans communities as a monolithic group, as there is a great deal of diversity within these communities.

References And Additional Information

  • Simopoulos, Eugene F. and Khin Khin.  2014.  “Fundamental principles inherent in the comprehensive care of transgender inmates.”  Journal of the American Academy of Psychiatry and the Law 42: 26-36.
  • Summary of findings [pdf] and full report [pdf] of National Transgender Discrimination Survey.  (And, see my summary here.)
  • Supplementary report [pdf] of Black respondents in the NTDS survey.  (And, see my summary here.)
  • Supplementary report Hispanic and Latina/o respondents [pdf] and Asian and Asian American respondents [pdf] in the NTDS survey.
  • Summary of findings [pdf] and full report [pdf] of the 2013 National Coalition of Anti-Violence Programs report.
  • It’s A War In Here: A Report on Transgender People in Men’s Prisons [pdf] by Sylvia Rivera Law Project.
  • The Williams Institute report on Latina trans women’s experiences with law enforcement [pdf].
  • The Unfair Criminalization of Gay and Transgender Youth,” Center for American Progress, June 29, 2012.
  • A Roadmap for Change: Federal Policy Recommendations for Addressing the Criminalization of LGBT People and People with HIV [pdf].
  • Queer (In)Justice book
  • Dealing with Transgender Subjects,Police Magazine, January 4, 2013.
  • Resources from the Transgender Law Center

Parenting And Racial Discrimination

Trayvon-Martin-George-Zimmerman-620x457

I feel heartbroken by the news that George Zimmerman walks a free, “innocent” man after murdering Trayvon Martin.  It is difficult to digest that the state of Florida, among other states, has granted license (which mostly benefits whites who kill Blacks) to “stand your ground” (i.e., murder).  So, while there is no doubt Zimmerman killed Martin, he was found not guilty within the content of these broad self-defense laws.  Indirectly, Florida and these other states have legalized the practice of hunting and killing of Black Americans.

Post-racism my ass!

Parents And Racial Socialization

In addition to the collective outrage and sadness that followed the not-guilty verdict, I noticed other, unexpected responses.  One, in particular, caught me by surprise, but probably should have been expected.  Because Trayvon Martin was only 17 years old when George Zimmerman killed him, many Black parents (especially mothers) have expressed great concern for protecting their children.  Some have asked specifically how they can effectively prepare their children to navigate a world where they could be murdered for carrying a bag of Skittles and an iced tea — that is, if they are Black.

Throughout US history, Black parents, like all parents of color, have socialized their children in a way that is explicitly racialized.  This aspect of Black parenting, sometimes referred to as racial socialization, entails practices of preparing one’s children for the current realities of racism and race relations and, for some, instilling a strong sense of racial pride.  So, the concerns raised by Black parents following the murder of Trayvon Martin and, again, following the conclusion of George Zimmerman’s trial, are not new.

But, the messages transmitted by Black parents to their children does change over time, reflecting the current racial climate.  In their 2006 Social Psychology Quarterly article, “Race Socialization Messages across Historical Time,” sociologists Tony Brown and Chase L. Lesane-Brown assessed the content of Black parents’ racialized socialization practices over time: specifically pre-Brown v. Board of Education (before 1957; Blacks born between 1879-1940), Civil Rights protest (1957-1968; those born in 1941-1955), and post-protest (1969-1980; those born 1956-1963).  The earliest cohort — those coming of age before Brown — were more likely to hear messages about deference to or fear of whites, or about color-blindness.  Those coming of age after the peak of the Civil Rights Movement were more likely to hear messages of racial group pride, individual pride, or no race-specific messages at all.

Racial Socialization, 1980 To Today

What about the racial socialization of those born from 1964 to today (Blacks under the age of 50)?  Black Americans who came of age in the 1980s were socialized during the time of conservative President Ronald Reagan, The Cosby Show, and heightened poverty.  Those who came of age in the ’90s witnessed the appointment of Clarence Thomas to the Supreme Court (following the hearings of his sexual harassment against Anita Hill), the brutal beating of Rodney King by LA police, and the Million Man March.  My cohort — those coming of age between 2000-2010 — has seen the election of Barack Obama (and other “Firsts” like Colin Powell and Condoleezza Rice), the ugly (mis)handling of evacuation before and relief after hurricanes Katrina and Rita, the end of busing and subsequent resegregation of schools, and the beginnings of successful attempts to undermine and dismantle Affirmative Action policies.

What about the current racial climate — Black youth who are coming of age during the present decade (2010-)?  It appears to be an intensification of the racial/racist schizophrenia of the prior decade.  While President Barack Obama was reelected, there were heightened efforts to suppress Blacks’ vote.  Recently, declaring racism dead or nearly dead, the Supreme Court gutted much of the Voting Rights Act.  Affirmative Action programs continue to be challenged and scaled back.  Blacks are disproportionately represented in prison and throughout the criminal justice system.  While hearing claims that America has reached a post-racial era, the vast majority of Black Americans report facing interpersonal discrimination (Kessler et al. 1999); this is complemented by legal law enforcement practices that unfairly target people of color (including Stand Your Ground laws) and other forms of institutional racism.

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Racial Socialization, Discrimination, and Crime

But, is instilling a strong sense of racial pride and preparing one’s children for racial bias effective?  Yep.  Prior research has suggested that the damaging effects of racial discrimination, particularly to one’s health and well-being, are buffered by a strong, positive racial identity (Paradies 2006; Pascoe and Richman 2009).  This is true for racial socialization broadly, but also supportive parenting in general (Simmons et al. 2006).

Interestingly, racial socialization also partially mediates (or explains) the relationship between racial discrimination and criminal or delinquent behavior (Burt et al. 2012; Caldwell et al. 2004; Martin et al. 2010).  Unfortunately, as a result of the anger, depression, hostile view of interpersonal relationships, and disengagement from conventional norms that can follow exposure to discrimination, victims of racial discrimination may be more likely to engage in these kinds of violent or illegal activities.  But, Black parents’ successful efforts to instill a strong sense of racial pride and prepare their kids for racial bias can interrupt this chain of events.

For, what unfolds is much worse.  With racial disparities in (hostile) interaction with the police, in arrest, in the courts, and in sentencing, the risk of imprisonment is multiplied.  And, once release from prisons (at least for felonies), one’s livelihood and well-being are further jeopardized by the simultaneous stigmatized statuses of “ex-con” and Black.  In certain states, that comes with the loss of key aspects of citizenship, namely the right to vote (another right that is already threatened by racial discrimination).

The sheer vastness of racism’s reach are difficult to comprehend.  From birth to death, one’s life is persistently shaped and constrained by racism; even the racist treatment one faces within one institution (e.g., education) can influence such treatment in one’s navigation through other institutions (e.g., criminal justice, politics).

Concluding Thoughts

And effective racialized socialization can minimize some of this?  That is an unfair, heavy burden to place on the shoulders of parents of color.  And the era of supposed post-racism has made the job of Black parents even more complicated.  How do you explain to your 12 year old that he could be President, a doctor, a teacher, or an engineer by age 40… or living in poverty, HIV-positive, in jail, or dead by age 25?  How do prepare your child for racist violence, like the murder of Emmett Till in 1955, alongside the “progress” that has transpired in the past 60 years?

And, what could Trayvon Martin’s parents — Tracy Martin and Sybrina Fulton — have done to prevent the tragic end of their son’s life at the young age of 17?  Told him to lay off of junk food?  Don’t walk alone at night?  Dress like characters on the uber white show, Friends?  Or, stop being Black?  Any of these suggestions are victim-blaming; and, unfortunately, parts of Zimmerman’s trial seem to put Martin on trial (for his own murder).

TRAYVON_MARTIN_NEW_PHOTO_1When racial socialization is not enough, and the law actually gives bigots a license to hunt innocent Black teenagers, what protection remains for people of color in America?

It is hard to hope for any answer other than, “nothing.”

References

Bowleg, Lisa, Gary J. Burkholder, Jenne S. Massie, Rahab Wahome, Michelle Teti, David J. Malebranche, and Jeanne M. Tschann. Forthcoming. “Racial Discrimination, Social Support, and Sexual HIV Risk among Black Heterosexual Men.” AIDS Behavior.

Brown, Tony N., and Chase L. Lesane-Brown.  2006.  “Race Socialization Messages across Historical Time.”  Social Psychology Quarterly 69: 201-13.

Burt, Callie Harbin, Ronald L. Simons, and Frederic X. Gibbons. 2012. “Racial Discrimination, Ethnic-Racial Socialization, and Crime: A Micro-Sociological Model of Risk and Resilience.” American Sociological Review 77: 648-77.

Caldwell, Cleopatra Howard, Laura P. Kohn-Wood, Karen H. Schmeelk-Cone, Tabbye M. Chavous, and Marc A. Zimmerman.  (2004).  “Racial Discrimination and Racial Identity as Risk or Protective Factors for Violence Behaviors in African American Young Adults.”  American Journal of Community Psychology 33: 91-105.

Kessler, Ronald C., Kristin D. Mickelson, and David R. Williams. 1999. “The Prevalence, Distribution, and Mental Health Correlates of Perceived Discrimination in the United States.”  Journal of Health and Social Behavior 40: 208-30.

Martin, Monica J., Bill McCarthy, Rand D. Conger, Frederick X. Gibbons, Ronald L. Simons, Carolyn E. Cutrona, and Gene H. Brody.  2010.  “The Enduring Significance of Racism: Discrimination and Delinquency Among Black American Youth.”  Journal of Research on Adolescence 21: 662-76.

Paradies, Yin. 2006. “A Systematic Review of Empirical Research on Self-Reported Racism and Health.”  International Journal of Epidemiology 35: 888-901.

Pascoe, Elizabeth A., and Laura Smart Richman. 2009. “Perceived Discrimination and Health: A Meta-Analytic Review.”  Psychological Bulletin 135: 531-54.

Roberts, Megan E., Frederick X. Gibbons, Meg Gerrard, Chin-Yuan Weng, Velma M. Murry, Leslie G. Simons, Ronald L. Simons, and Frederick O. Lorenz. 2012. “From Racial Discrimination to Risky Sex: Prospective Relations Involving Peers and Parents.” Developmental Psychology 48: 89-102.

Simons, Ronald L., Leslie Gordon Simons, Callie Harbin Burt, Holli Drummund, Eric Stewart, Gene H. Brody, Frederick X. Gibbons, and Carolyn Cutrona. 2006. “Supportive Parenting Moderates the Effect of Discrimination upon Anger, Hostile View of Relationships, and Violence among African American Boys.” Journal of Health and Social Behavior 47: 373-89.

Actually, Racism Is Probably Worse Than We Realize

In 2008, the argument that race has declined in importance became the crystallized “post-racial” thesis upon the election of President Barack Obama.  By his re-election in 2012, some had offered clarification that race still exists, but it is racism that has disappeared – the “post-racism” thesis.  There it sits, almost as a sense of relief — “whew, now we can stop tip-toeing around people of color, and supporting these race-related causes like Affirmative Action.”

On day 2 of George Zimmerman’s trial for the murder of Trayvon Martin, the supposed reality of post-racism contrasts with that of the hyperrelevance of race and racism.  A young Black man was killed because his race made him a suspect.

Today, Blackness is still a crime, and whites are charged with the task of policing Black people.  The harshness of law enforcement and the criminal justice system is magnified for Blacks, from the use of excessive force to longer sentences to denial of justice all together.  Even those who are not police officers, judges, and lawyers serve to police Blacks; the days of lynching Black women and men has merely evolved into a calmer form of extralegal vigilance.

For example:

My blood boiled as I watched this video.  I posted it in various places on Facebook, expecting similar outrage.  The video was widely shared, but often introduced with concerned, but surprisingly calm notes: “watch this”; “wow”; “this is messed up.”  Those were comments mostly comments from white people.

But, even some Black folks articulated concern, but little surprise.  In fact, a few people seemed to think that it was problematic that I was surprised, and that they are superior in some way for being unmoved.  The unsympathetic response of “why are you surprised?” stung, playing on my fear that I am “not Black enough” or “too white” to fully comprehend the severity of contemporary racism.  I suppose the anonymity of the internet is a dual-edged sword, where hostility is widely expressed and, absent of an in-person connection, there is little expression of empathy and solidarity.

Racism Is Worse Than We Realize

As I further processed my reactions to this video, I realized that my surprise and anger are warranted.  Yes, in the self-confident sense where I do not need to justify my feelings, or shape or suppress them according to others’ opinions.  But, also because the sheer pervasiveness and severity of racism cannot be fully comprehended by one person.  Even as a researcher, I am unable to see every instance, manifestation, and consequence of racism in every corner of the world.

Like this video, racism that hides behind seemingly race-neutral interactions, laws, and practices is harder to see, and near impossible to prove exists.  Today, we are dealing with consciously suppressed and unconscious racial prejudice — both which shape behaviors.  Few racists openly, proudly identify themselves as racists, and most racists do not even know that they are racist.

Racial discrimination, too, is harder to identify, particularly absent of outwardly expressed racial bias.  It is no longer limited to exclusion at the entry point or first contact.  The “whites only” sign has to be implied since it cannot be hung from the front door.  We may be hired, but then harassed on the job or denied opportunities to advance.  We may receive a loan, but are offered one that is economically risky.

On the ground, we cannot see other interactions to “accurately” assess whether we have been discriminated against.  (This speaks to the importance of research to look at the broader patterns!)  Like the racial profiling video above, Black people may suspect unfair or differential treatment driven by racial prejudice, but rarely can we compare the same situation experienced by a white person.  Even in some of the recent audit studies that demonstrate racial discrimination in the labor force, some of the participants were unaware of the discriminatory treatment they faced until they compared notes with others and the researchers.

In reality, racism and the pervasiveness of racial discrimination are likely far worse than we can imagine.  So, I stand by my surprise because it is a reasonable reaction to such harsh reminders of the everyday consequences of racism.  But, also because I much prefer to hope for something better than resign myself to accept the world as it is.

The Concept of Double Jeopardy: A Look At The Lives Of Multiply Disadvantaged Individuals

Black Feminism Symbol

To my surprise, I came across an article posted on Huffington Post yesterday that mentions “double jeopardy” — here, in the academic sense.  The article reviews a study published recently in the Journal of Experimental Social Psychology that found that leaders of unsuccessful companies in a fictitious news story were more harshly criticized when they were Black women.  That is, Black women faced more penalties (in this case, criticism) than Black men, white women, and white men:

In a study conducted by Rosette and Livingston, 228 participants read fictitious news articles about a company’s performance, including permutations in which the leader was black or white, male or female and successful or unsuccessful. What they found was that black women who failed were viewed more critically than their underperforming white or male counterparts — even those of the same race.

What Is “Double Jeopardy”?

I say, “to my surprise,” because a quick search for “double jeopardy” on Google yields site after site about the movie, Double Jeopardy, featuring Tommy Lee Jones and Ashley Judd; a search on Wikipedia also yields a page about the film, as well as a few pages about the legal concept of double jeopardy.  Ironically, the legal meaning of double jeopardy, in which a person cannot be tried twice for the same crime, somewhat counters the academic meaning of the term.  In this sense, double jeopardy refers to the additional barriers and burdens faced by individuals who hold multiple disadvantaged statuses (e.g., Black women) compared to their singly disadvantaged (e.g., white women and Black men) and privileged counterparts (e.g., white men).

As early as the late 1960s, the term double jeopardy came into use to highlight the unique experiences of Black women, particularly their simultaneous exposure to racism and sexism (and classism). As the second wave feminist movement made progress through the 1960s and 1970s for women’s rights, calls from Black, Chicana, and multicultural feminists, lesbian feminists, and other women who faced other forms of oppression other than sexism to attend to the diverse needs and experiences among women grew louder.  Various feminist activists and scholars worked intensely to draw attention to the fact that the category of “woman” and all of its associated experiences and obstacles is not universal; many advocated for a perspective that considers the intersections among sexism, racism, and classism.

Double Jeopardy Versus Intersectionality

Over time, awareness of the full array of systems of oppression that operate simultaneously has evolved to include heterosexism, ableism, ageism, fatphobia, xenophobia, and so forth.  Obviously, one can be disadvantaged in multiple ways or face “multiple jeopardy,” for example, as a lesbian, woman, Latina, and working-class person.   In fact, in my own research, I have found just that: among 15-25 year olds, the more disadvantaged statuses an adolescent or young adult holds (among race and ethnicity, gender, sexual orientation, and social class), the more forms of discrimination one faces (e.g., race and gender and sexual orientation discrimination).  And, as a result, these multiply disadvantaged individuals face double or multiple jeopardy in mental and physical health; that is, partially because of their disproportionate exposure to discrimination, they face even more depressive symptoms and worse physical health than more privileged youth.

While the notion of multiple jeopardies — almost easily counted based on the number of disadvantaged statuses one holds — is still used in some research, especially in sociological work on health, it has fallen out of favor among scholars who study the intersections among race, gender, and class.  This is, in part, because the idea of adding up one’s statuses, essentially adding one’s exposure to sexism to one’s exposure to racism and so on, misses the ways in which these identities and systems of oppression intersect.  Or, said another way, racism + sexism + classism misses how one experiences the world as a working-class Black woman, an experience that is not merely the sum of working-class experiences + Black experiences + woman experiences.  These systems of oppression intersect and mutually reinforce one another in such a way, for example, that homophobic policies like the US military’s Don’t Ask Don’t Tell policy harm Black women more than any other group.

Should We Do Away With Double Jeopardy?

Well, if we meant the literal experience of multiple systems of oppression — yes, we should do away with it.  But, what I mean here is, if it seems the notion of “double jeopardy” misses the ways in which systems of oppression intersect, should we stop using it in the way that we understand the lives of multiply disadvantaged individuals?  Having used the concept in past and current research, it might seem I have a vested interest in calling for the continued use of the concept.

Like any good researcher, I would say the appropriateness, relevance, and usefulness of the concept depends on your research question.  In health research, documenting whether multiply disadvantaged groups are at elevated risk for illness and disease necessarily calls for a comparison with singly disadvantaged and privileged groups.  For example, lesbian and bisexual women’s elevated risk for obesity is identified by comparing them to heterosexual women, gay and bisexual men, and heterosexual men.  But, what causes that elevated risk — factors brought on or exacerbated by sexism and heterosexism — can be said to be evidence of double jeopardy (sexism + heterosexism) and intersectionality (the intersection of sexism and heterosexism).

As such, in general, I would recommend that we need both perspectives — multiple jeopardy and intersectionality — to fully understand the lives of multiply disadvantaged individuals and their more privileged counterparts.  Even if you use only one of these two perspectives, you are contributing to what little we know about the lives and experiences of, and challenges faced by individuals who hold multiple disadvantaged statuses.