When politicians and pundits wax poetic about the importance of law-and-order, they tend to overlook racial injustices. What’s good for the goose should be good for the gander. But, far too often, Black people are targeted by law enforcement in a way that white people aren’t. They’re the group most likely to be stopped, frisked, and arrested. They’re nearly three times as likely as White people to be killed by the police. America’s criminal justice system is riddled with racism. Sadly, rather than confront the depth and breadth of the problem, many attempt to justify racial disparities. For instance, conservatives often endorse the racist stereotype that suggests Black people are more likely to commit crimes. However, the unvarnished truth is that the group has been unfairly maligned for generations. Often, Black citizens without a criminal record are harmed by police officers. And the tragic death of Breonna Taylor, a 26-year-old Black woman who worked as a first responder during the pandemic, illuminates that point.
On March 13, 2020, Louisville police officers carried out a “no-knock” warrant at her apartment. They were looking for a man who did not live at the residence. Kenneth Walker, Breonna Taylor’s boyfriend, thought a group of men were trying to break in, so he fired a warning shot. Police began shooting into the apartment indiscriminately. During the skirmish, officer Brett Hankinson fired several times into the window, fatally wounding Taylor, as she stood in the hallway. The path to accountability was long, with local prosecutors initially resisting the calls to arrest officers involved in the shooting. Hope was renewed when the Department of Justice (DOJ) took up the case, but it has been short-lived. Even though a jury found Hankinson guilty last November of violating Breonna Taylor’s civil rights by using excessive force, federal prosecutors are only asking for a one-day sentence for the former officer. This news feels like salt in the wound.
If the judge agrees with the recommendation and sentences Hankinson to a one-day sentence on Monday, he will release him based on the time he has already served during his initial arrest. While some police officers will likely cheer the decision, it would set a horrible precedent going forward: Black lives really don’t matter. Someone could be sentenced to a longer sentence for failing to pay a traffic ticket than the former officer is expected to serve for his role in Breonna Taylor’s death. Her family told reporters they were “heartbroken” by the news. Back in March, her mother, Tamika Parker, told The 19th, “Getting a guilty verdict for one of the officers took so long.” She called it “historic,” given how seldom police officers are convicted for fatal shootings. However, in light of the prosecutor’s sentencing recommendation, we’re left to wonder whether this is simply business as usual. After all, police officers in the United States are prosecuted for only 2% of fatal shootings.
In a written statement, Breonna Taylor’s family attorneys Ben Crump, Lonita Baker, and Sam Aguiar said the Department of Justice’s recommendation is “an insult to the life of Breonna Taylor and blatant betrayal of the jury’s decision.” They added, “This sets a dangerous precedent. When a police officer is found guilty of violating someone’s constitutional rights, there must be real accountability and justice. Recommending just one day in prison sends the unmistakable message that white officers can violate the civil rights of Black Americans with near-total impunity.” The DOJ recommendation seemingly gives a green light for police officers to violate the rights of Black citizens. Qualified immunity, the blue wall of police silence, and prosecutorial apathy typically shield officers from accountability. It’s no wonder two-thirds of Black Americans reported not trusting police to treat them equally in a PBS NewsHour-NPR-Marist poll. Black people typically serve longer sentences than white people convicted of the same crimes. And one report suggested they are a bout 7.5 times more likely to be wrongfully convicted of murder.
In Missouri, where police fatally shot Breonna Taylor, there is a clear double standard. Prosecutors in the state can seek the death penalty for someone found guilty of killing a police officer. But if a police officer kills a Black woman, as in this case, they’re not guaranteed to face jail time. If there are no substantive consequences for violating citizens' rights, then these protections exist in name only. Black people in America need more than empty platitudes to foster public safety. They need investment in their communities, as well as a system that holds police officers accountable for their actions. Breonna Taylor’s life is worth more than one day's prison sentence in a society where Black people are forced to serve disproportionately long sentences. For example, the Mississippi Supreme Court recently struck down the appeal of a Black man, Allen Russell. Based on a three-strike rule, he’s serving a life sentence for possession of marijuana. This is happening during an era when many White people are becoming exceedingly rich from those same businesses.
If Americans are serious about addressing public safety, then community leaders must adopt research-driven solutions. One study indicated that “being relatively deprived compared to others increases the risk of committing both property and violent crimes. This research provided further evidence that poverty is a predictor of increased crime rates. If we ignore these findings, we will be trapped in a cycle, one where White people will wrongfully accuse Black people of being more criminally minded than other racial groups, rather than address racial economic disparities stemming from chattel slavery and Jim Crow. As abolitionist, Fredrick Douglass once said, “where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob, and degrade them, neither persons nor property will be safe.”
Breonna Taylor was taken from the world too early. And the tragedy stems from this nation’s legacy of racism. It’s a case which highlights how the overpolicing of black communities perpetuates violence against law-abiding Black people. It flies in the face of the racist assumptions made about victims of police brutality. Kimberlé Williams Crenshaw, an author and advocate, once referred to Black women as the “unseen victims of police brutality.” And research backs up her assertion. One study published in Qualitative Research in Health found that most Black women who are killed by police “were not the target of the police activity that ultimately killed them, and their deaths came as collateral damage from the aggressive policing of others. Sadly, this is precisely what happened to Taylor. She wasn’t the direct target of their “no-knock” warrant. Her death, like so many others, was treated as collateral damage. Federal prosecutors recommending a one-day sentence for the officer responsible for Breonna Taylor’s death sets a horrible precedent. It suggests Black people’s lives don’t matter, at least not to those wearing a badge.
This post originally appeared on Medium and is edited and republished with author's permission. Read more of Allison Gaines' work on Medium.