Life Sentences Take Black Lives Too

Published by VTDigger on June 28, 2020

By Susan Lawrence, Skyler Nash and Tom Dalton

This commentary is by Susan Lawrence, a physician, attorney and CEO of the Center for Life Without Parole Studies based in California; Skyler Nash, a University of Vermont student and community activist; and Tom Dalton executive director of Vermonters for Criminal Justice Reform.

George Floyd’s death at the hands of Minneapolis police officers launched a national movement to end unnecessary use of force by police, especially violence enabled by the false collective permission granted by overt and implicit racial bias. Vermonters in communities across the state have made it clear that we want real change.

So far, the primary focus has understandably been on policing, as this is the most obvious way the lives of Black people have been taken in plain sight across our country. We have just borne witness to George Floyd’s last moments as his life was callously snuffed out by the knee of a white officer. Not three weeks later, Rayshard Brooks, shot in the back while fleeing Atlanta police, was kicked by a white officer as he lay dying while no attempt was made to render emergency assistance.

These very public examples of incomprehensible cruelty are only two of countless instances in which Black people have been unofficially sentenced to death by police. As we seek to create transformational change in our country, we should not forget other ways the lives of Black people are being taken by the criminal justice system, often largely outside of public view.

Racial bias is evident in the unequal treatment of Black people at every stage of the criminal justice system, not just policing. Such bias can be seen in decisions made by prosecutors, defense attorneys, victim’s advocates, service providers, juries, judges, prison staff and probation officers. Many studies show that racial disparities increase with the severity of the punishment imposed. Racial bias figures particularly prominently in the imposition of sentences of life without the possibility of parole (LWOPP).

While Black people make up 13% of our national population, astonishingly, Black people comprise nearly 50% of people sentenced to LWOPP and “de facto” LWOPP (sentences that exceed the human lifespan if carried out in full). In nine states, Black people represent two-thirds or more of those sentenced to LWOPP (Alabama, Illinois, Georgia, Louisiana, Maryland, Michigan, Mississippi, New Jersey, and South Carolina).

For those whose lives have never been impacted by LWOPP, it is difficult if not impossible to understand the magnitude of the cruelty of this sentence. It is the complete and utter deprivation of hope. It means that no matter the extent of rehabilitation, change and remorse, a person will never have a chance to go before a parole board and demonstrate that an end to their incarceration is appropriate and consistent with the interests of justice and public safety.

LWOPP also means coping with the ravaging effects of aging in prison, the helplessness and desperation to obtain needed medical care, the terror of being permanently cut off from loved ones, and the daily dehumanizing effects of incarceration that will only cease with the end of life itself. LWOPP means government-imposed death in prison and is another bias-tainted means by which the lives of many Black people are being taken from them in this country every day.

LWOPP has been around for well over a century. The United States Supreme Court first endorsed the sentence in 1851, after which it continued to be a rarity for well over a hundred years. Prior to 1970, only seven states had LWOPP statutes on their books and they were hardly ever used. However, the number of people serving LWOPP in our country has grown exponentially from just a handful in the early 1970s to over 53,000 today, with an additional 44,000 serving “de facto” LWOPP.

Vermont has only a small number of people sentenced to LWOPP. Because of this, a statistical demonstration of racial bias in the imposition of LWOPP sentences in Vermont is impracticable. But Vermont traffic stop data and incarceration data indicate that racial bias continues to plague our justice system. This combined with research demonstrating that the race of both a defendant and a victim profoundly influence the imposition of harsh sentences tells us that Vermont is not immune to racial bias in LWOPP sentencing.

Over the past year, Vermont has made important progress toward becoming the first state in the union to limit the use of this inhumane and racist punishment. S.261, a bill introduced by Sen. Dick Sears and co-sponsored by Sens. Phil Baruth and Jeanette White, was voted out of the Senate Judiciary Committee in March 2020 after weeks of powerful testimony. On March 12, S.261 was passed by the Vermont Senate by a vote of 18-9 and was referred to the House Committee on the Judiciary.

Here in Vermont, we value justice tempered by restraint and compassion. We know that justice demands more than just locking up a human being and throwing away the key. After decades of incarceration, it is reasonable to take a second look at questions of public safety and justice on a case-by-case basis. We should listen to all stakeholders especially victims, consider advances in scientific research, apply evolving understandings of justice and take action to redress the punitive excesses of racial bias.

By completing passage of S.261, Vermont lawmakers have an opportunity to bring Vermont values to the national conversation about racial justice. We know that justice delayed is justice denied. The passage of S.261 now will send a powerful message here in Vermont and across the country that Black lives matter.

Sentences of life without any possibility of parole effectively take the lives of more Black men, women and youth across the United States than deaths at the hands of police or via capital punishment combined. If we want justice, we must address this issue. We strongly urge the Vermont Legislature and governor to prioritize S.261 as a key component of the package of racial justice bills being worked on by community stakeholders and policy leaders this year.