What Has Changed in The Three Years Since George Floyd’s Death?

By: Chandra Tyler, Wilford Pinkney Jr., Rev. Dr. Michelle Anne Simmons, Lisa Varon

Community Engagement Featured Jurisdictions Racial Disparities May 24, 2023

It has been three years since George Floyd’s death at the hands of Minneapolis Police Officer Derek Chauvin on May 25, 2020. Mr. Floyd’s murder energized an international movement for racial justice with many pledging to change the role of law enforcement and more.

But what has changed? We asked individuals involved with the MacArthur Foundation’s Safety and Justice Challenge (SJC) to reflect on the landscape for criminal justice reform.

Clockwise from top left: Chandra Tyler, Safety and Justice Challenge Equity Inclusion Consultant for Mecklenburg County; Wilford Pinkney Jr., Director of the Office of Violence Prevention at the City of St. Louis; Rev. Dr. Michelle Anne Simmons, Founder and Executive Director of Why Not Prosper, Inc.; Lisa Varon, Deputy Director of the Office of Criminal Justice at the City of Philadelphia.

Chandra Tyler, Safety and Justice Challenge Equity Inclusion Consultant for Mecklenburg County

As we approach the three-year anniversary of George Floyd’s brutal death, I sit in deep reflection with both heaviness and hope. The devastating tragedy on May 25, 2020, which ignited an enormous blaze of protests, policy changes and social movements, appeared to be the long overdue awakening that so many fought and prayed for. Fast-forward to present day. America’s sense of urgency and progressive efforts has slowly lost its fire.

“It feels more like a Superbowl commercial. It came and it went,” Gemini Boyd, a member of the Mecklenburg County Community Engagement Task Group recently told me.

Though disappointing, these are the moments that remind us why we continue this race. Mecklenburg County Criminal Justice Community Engagement Task Group is just getting started. With intentionality and vision, we are mending the relationships between community and systems, pouring into our youth, and identifying gaps and resources needed to build a viable, sustainable, and equitable greater Mecklenburg County community. Through our 3 E’s: Engagement, Education, and Empowerment, our mission is to lead with collaboration and improve policy and practice changes in the criminal justice system. In honor of George Floyd and countless others, we press on. The marathon continues!

Wilford Pinkney Jr., Director of the Office of Violence Prevention at the City of St. Louis

The murder of George Floyd was a catalyzing moment. It created a window of opportunity, but sustaining the momentum is the challenge. The key to sustaining reform is collaboration, a comprehensive approach and sustainable infrastructure.

Since 2020, St. Louis has enacted numerous policies related to reimagining public safety. We did not have to look far for solutions. Numerous reports were published in the last nine years that created a comprehensive picture and outline for a strategic focus. The reports promoted collaboration and pointed to the need for a comprehensive approach to address existing inequities in order to create safe and healthy communities. The challenge was not ideas; it was action. Collaborations were created in 2020 that started the process of better aligning resources and redesigning systems, structures, and policies. We started building the infrastructure for a new system of public safety.

In 2021 Tishaura Jones was elected mayor on a platform of using national models of public safety and rejecting the false choice between being “tough” on crime and addressing the root causes of violence. This approach garnered support from diverse stakeholders ranging from the elected leaders and community organizations to residents in the cities most impacted neighborhoods. Under Mayor Jones’ leadership the Office of Violence Prevention (OVP) was created by ordinance and seeded with ten million dollars which ensures it is a permanent part of the city’s government structure.

The mayor’s comprehensive approach to public safety also includes policies aimed at designing safer streets, offering down payment assistance and guaranteed basic income to low-income residents, and year-round jobs for youth. St. Louis has the model for sustaining reform, a committed chief executive, a strategic focus, support from a diverse group of stakeholders, and sustainable strategies.

Rev. Dr. Michelle Anne Simmons, Founder and Executive Director of Why Not Prosper, Inc.

George Floyd’s death brought people’s awareness of racism back to life. People have a new lens on since it happened, and it’s still an intense change in how we are all looking at the world. There needs to be a differentiation between the understanding of racism and this focus on diversity, equity, and inclusion (DEI) training, though, because it’s different. The city of Philadelphia has done a lot to intentionally focus on DEI. And funding has shifted because of it. But there does need to be that deep commitment to focusing on racism.

In Philadelphia, specifically, the advocates and the organizers are taking no stuff. We’ve got commissions for jail, the police, parole, the prisons, and probation. Because the funding is there and people are sick and tired of the historical racism, all those things are coming together. And you can’t miss out on the anti-violence work either. People are more aware of things now. I feel our justice partners are coming around. They’re used to the same old systems. But they’re starting to pull back the curtain on racism and realize how they can change things. They’re just beginning to pull the curtain apart and say, “Now let me see what this is about, and how I might help.”

Lisa Varon, Deputy Director of the Office of Criminal Justice at the City of Philadelphia

In the three years since the murder of George Floyd, there has been a shift to focus on community strength instead of community suffering. In Philadelphia, an innovative sustainability plan is in place to bring in more meaningful community involvement and to continuously engage justice stakeholders in actionable reform efforts. To date, the city of Philadelphia has made an annual commitment north of two million dollars in the General Fund to support a wide range of initiatives and related personnel, that supplement the series of investments made through SJC. This work has three major components: experiential learning opportunities for criminal legal system stakeholders, several capstone-focused workgroups (all with a racial equity focus), and the eventual merging with the county Community Justice Advisory Board (CJAB). 

The experiential learning opportunities are an imaginative way of breaking down some of the silos that exist in the various criminal legal systems sectors. The learning opportunities look like robust pieces of training in racial equity and implementing reforms, site visits to local community-based organizations, and chances to explore the criminal legal system by learning how people travel through the legal system and identifying where people are most likely to get caught up in the system. 

As previously mentioned, sustainability efforts in Philadelphia have already begun. There are five SJC-focused workgroups that are continuing to propel this work forward: jail reduction strategy, data, community engagement/ racial and ethnic disparities, pretrial, and the common pleas case processing workgroups. All these groups have two things in common: dedication to the sustainability of promising practices and a commitment to have racial equity built into the reforms the groups hope to produce.  

Lastly, when we think of how far we have come in criminal legal system reform in the three years since the death of George Floyd, the most important thing to do is look forward. The work of the SJC will only be ending in name in Philadelphia. Strategic workgroups will continue to convene through the Philadelphia CJAB with the expectation that they will produce actionable recommendations for change in the local system. In addition, we are maintaining our commitment to bring the necessary City resources to sustain these efforts and outcomes as a long-term investment strategy in our community.

Issue Brief

Community Engagement Pretrial Services Racial Disparities May 23, 2023

Establishing, Implementing, and Maintaining a Language Access Program

UCI School of Sociology: Department of Criminology, Law and Society

The MacArthur Foundation launched the Safety and Justice Challenge (SJC) in 2015 with the goals of safely reducing jail incarceration and addressing racial and ethnic disparities in the criminal justice system. The SJC Network currently includes fifty-seven sites. The local criminal justice systems in these localities serve racially and ethnically diverse populations comprised of subgroups with different characteristics and needs, including people who are limited English proficient (LEP). As defined by the U.S. Department of Justice (Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 2002), a person is LEP if their primary language is anything other than English and if they have a limited ability to read, write, speak, or understand English. An estimated 25 million people in the United States are LEP (2020 American Community Survey, 5-Year Estimates). The national origin nondiscrimination provisions of Title VI of the Civil Rights Act of 1964 (“Title VI”) require recipients of federal financial assistance to provide people who are LEP with meaningful access to their programs and activities (e.g., in-language communication, telephonic interpretation, and translation of vital documents).

Many organizations and agencies within local criminal justice systems receive federal financial assistance and are thus legally obligated to provide language services. When law enforcement agencies, court systems, and correctional systems provide adequate language services they strengthen access to justice for people who are LEP - e.g., providing life-saving public safety assistance, supporting victims of crime, and delivering vital medical and behavioral care to people who are incarcerated. While national guidance for improving language accessibility exists, the extent to which language services are available in local justice systems is relatively unknown.

Reflections on Power During Black History Month

By: Gordon Goodwin, Alex Frank

Community Engagement Racial Disparities February 21, 2023

This past November, during our bi-annual Facing Race Conference, community organizer Sendolo Diaminah–Co-Director and Founder of the Carolina Federation–made the following statement: “We have power, we want more, and we want to be responsible with it and be accountable to an ethic.” This bold statement was shared to challenge the audience of 3,000 racial justice advocates to “release our fear of power”, while elevating the importance of “being responsible with power”.

We offer this in the spirit of deep reflection this Black History month. We at Race Forward and the Government Alliance on Race and Equity (GARE) believe in the audacious dream of a multi-racial democracy. We envision a world without prisons, and one in which people of color thrive with power and purpose. But we have a long way to go.

In GARE, we support a network of over 400 city, state, regional jurisdictions, and state departments committed to advancing racial equity. And as we know, the work to advance racial equity requires disrupting and shifting power to the people most harmed and impacted by systemic racism. Within the John D. and Catherine T. MacArthur Foundation’s Safety and Justice Challenge (SJC) community, this often means letting go, making space, and centering the expertise of system-impacted people and frontline staff, while investing in infrastructure for community-led government accountability.

On the heels of Black History Month, our team will be hosting the SJC Racial Equity Cohort sites–Cook County, Pima County, Philadelphia, and New Orleans–in Montgomery, Alabama, on the Indigenous land of the Muscogee people, as the first of a three-part Learning Exchange Retreat series. We are gathering there to hold space, build solidarity, and deepen our collective learning about our history of colonization, genocide, enslavement, and mass incarceration, in order to support the Focused Racial Equity Cohort Sites’ work in that social, historical, and political analysis.

We will be joined by community leaders, people who have been harmed by the justice system, and government leaders seeking to make change from the inside. Preparing for this event reminds us of the generational trauma of our people, and the impact of that trauma today. But we do not want to use this platform to focus on trauma. Instead, let us center generational resilience.

Generational resilience lives in every cell of our bodies. It surfaces when we cook, share a meal, listen to music, soak our feet, dance, laugh, and cry. While generational resilience is a personal experience, it is also a political expression. We are reminded of Shaun Ginwright, an author, activist, and professor in the Africana Studies Department at San Francisco State University, and his writing about this: “Healing centered engagement is explicitly political, rather than clinical,” he writes. “When people advocate for policies and opportunities that address causes of trauma, such as lack of access to mental health, these activities contribute to a sense of purpose, power and control over life situations.”

Earlier this month, we all witnessed Tyre Nichols killing at the hands of Memphis, Tennessee law enforcement as a result of being severely beaten and left uncared for. We, along with others across the country, grieve for Tyre’s family and his community which continues to recount how they have been terrorized by law enforcement. Public safety requires public trust; but the history of law enforcement was not built on trust, it was built on White supremacist “slave patrols” and a “law and order” paradigm that continues to haunt Black and Indigenous People of Color today.

Every day across the country, law enforcement agencies welcome a new cadre of officers who swear an oath not to a Governor, or a legislature, a Police Chief, Commissioner, or a political party, but to the United States Constitution. Yet, every year, thousands of Black and Indigenous People of Color lose their lives at the hands of law enforcement.

We cannot train or program our way out of this human rights crisis. We need to disrupt and shift power. What would it look like, and feel like, to shift power? To truly listen to and follow the leadership of the people most harmed by police brutality? To center our generational resilience? And in the words of Sendolo Diaminah, to “release our fear of power” while building our capacity to “be responsible with power”?

Blogs on Racial Justice to Mark MLK Day

By: Matt Davis

Community Engagement Racial Disparities January 15, 2023

Jan 16 is Martin Luther King, Jr. Day, but the commitment of the Safety and Justice Challenge (SJC) to improving racial and ethnic equity in the jail system runs year-round.

With that in mind, here are several blogs on the theme of racial and ethnic justice featuring members of SJC from the last year.

Reckoning with the Legacy of the Tulsa Race Massacre

Members of the Safety and Justice Challenge learned during their annual convening in January 2022 about how Tulsa, Oklahoma has struggled to reckon with the legacy of its 1921 Race Massacre. The discussion showed how Tulsa’s history impacts its present. It also demonstrated the complexity any jurisdiction must face in navigating ongoing inequities as it seeks to lower its jail populations sustainably and fairly. Madison Dawkins, manager of local partnerships at the Square One Project, chaired the discussion.

Two years since George Floyd, The Challenge of Sustaining Momentum for Reform

May 25, 2020 marked two years since Minneapolis Police Officer Derek Chauvin murdered George Floyd. Following his death, people protested racial injustice in the criminal justice system across the country and beyond, and as a result, some cities and counties pledged to make significant changes to law enforcement. But in conversations with people involved with the Safety and Justice Challenge, many reflected on how not enough has changed in two years since Mr. Floyd’s death and how the landscape for criminal justice reforms is now becoming more challenging. And yet, they also pointed to areas of progress.

A New “Tap-In” Center Aims to Restore Community Trust

There is new hope in St. Louis County for people afraid to move on with their lives or engage with the criminal justice system because of unresolved warrants, municipal code violations, or having missed a court date. The “tap-in” center, which is part of a national effort to lower jail populations in jurisdictions across the country as part of the Safety and Justice Challenge, aids in responding to concerns raised by the Department of Justice about racial injustice related to municipal court practices in its 2015 investigation into the Ferguson Police Department which is located in the northern part of St. Louis County.

Linking Mass Incarceration to Black History in Los Angeles and Beyond

Members of the Safety and Justice Challenge grappled with questions about how mass incarceration is linked to Black history at a recent fireside chat during the annual convening of SJC network members. Bria L. Gillum, Senior Program Officer, Criminal Justice with the MacArthur Foundation hosted the conversation with Kelly Lytle Hernandez, a professor of History and African American Studies at University of California, Los Angeles. She is also a member of the SJC Advisory Council and a MacArthur Fellow.

A Deeper Look at Racial Disparity Data in Jails

Cities and counties participating in the Safety and Justice Challenge significantly reduced their jail populations over the past few years – both prior to and following the COVID-19 pandemic. Despite that progress, racial and ethnic disparities in jails persist. In early 2022, the SJC selected four jurisdictions to join a new Racial Equity Cohort based on proposals that explicitly focus on racial and ethnic equity in the criminal justice system; center lived experiences of Black, Indigenous, Latinx, and other people of color; and emphasize the SJC Community Engagement Pillars of authenticity, accessibility and transparency, respect for diversity, and commitment to ongoing engagement. Reagan Daly and Stephanie Rosoff with the Institute for State and Local Governance investigate the data.

Focusing on Racial Equity in the Justice System

Hear from SJC sites in Philadelphia, Chicago and New Orleans about their efforts as part of the new racial equity cohort.

Finding Our Voice to Reduce Native American Incarceration Across SJC Sites

November is Native American Heritage month. It gives a platform for Native people in the United States of America to share their culture, traditions, music, crafts, dance, and ways and concepts of life. It is also an appropriate time to highlight the overrepresentation of Indigenous people in jails across the country while actively pursuing solutions. Michaela Seiber, MPH, blogged about a recent trip she took to Pima County, Arizona, from Minnehaha County in South Dakota to see how Pima County’s SJC initiative is working with the community to reduce incarceration and improve health outcomes.

A Q&A on Hispanic Heritage Month with 70 Million Creator Juleyka Lantigua

70 Million, LWC Studios’ podcast about criminal justice reform, was nominated for a Peabody Award and won several others. Juleyka reflects on the rising-majority population of the country, the local impact of jails, and the role of racial and ethnic equity in reform.

Counties Enhancing Racial Equity in the Criminal Justice System through Grantmaking

The National Association of Counties, in partnership with the National Criminal Justice Association and with support from the Bureau of Justice Assistance, has released a toolkit for counties interested in addressing racial and ethnic disparities in the criminal legal system through grantmaking. The toolkit outlines eight principles, developed by a working group of county stakeholders, state administering agency representatives, and community-led organization leaders, to help enhance equity in the criminal legal system. It features several communities participating in the Safety and Justice Challenge.

Over-Incarceration of Native Americans: Roots, Inequities, and Solutions

By: Matt Davis

Community Engagement Racial Disparities January 13, 2023

A new national report from the John D. and Catherine T. MacArthur Foundation highlights that Native people are disproportionately incarcerated in the United States.

The report, commissioned as part of the Safety and Justice Challenge (SJC), shows that in states with higher Native populations, incarceration rates are up to seven times that of White people, and that Native people are sentenced more harshly than White, African American, and Hispanic individuals. Moreover, American Indians and Alaska Natives (AI/AN) were incarcerated at a rate 38 percent higher than the national average and were overrepresented in the prison population in 19 states compared to any other race and ethnicity.

The full report can be read here. A variety of media covered the report’s launch including Montana Public Radio,Wisconsin Gannett, Native News Online, the Lakota Times and Cheyenne Arapaho Tribal Tribune.

“Like many modern challenges in Indian Country, over-incarceration of Indigenous people is intimately tied to colonial violence and upheld by policies throughout the years,” said Dr. Ciara Hansen, currently a clinical psychologist in the Iina’ Counseling Services department at Northern Navajo Medical Center and author of the report. “Paternalistic solutions applied to Native communities often miss the important step of seeking to understand the issue from the community’s perspective. This report offers a starting point for discussion and knowledge sharing.”

“The report not only highlights the painful and unacceptable treatment of Native people in the criminal justice system, but also underscores the overreliance on incarceration to solve community issues,” said Bria Gillum, a senior program officer at MacArthur.  “It is our hope that the report contributes to the growing conversation about racial disparities in this broken system, sparks deeper collaboration between state and tribal agencies, and leads to investments in diversion services that can end this devastating cycle.”

The national report is authored by Dr. Desiree L. Fox (Bitterroot Salish), Dr. Ciara D. Hansen, (Shawnee/Cherokee), and Ann Miller, an attorney with the Tribal Defenders Office of the Confederated Salish and Kootenai Tribes on the Flathead Reservation in Montana.

Additional key findings in the report include:

  • According to the Bureau of Justice Statistics, 45 percent of people incarcerated in tribal jails were being held pretrial, and pretrial detention rose by at least by 80 percent since 1999. The average length of stay doubled from 2002 to 2018.
    • Additionally, the most serious offense for 16 percent of people held in tribal jails was public intoxication and 15 percent were held for drug related or DUI charges.
    • Native youth are more likely to face conviction in adult court, especially for drug-related crimes.
  • The number of jails in Indian Country has increased by 25 percent since 2000, which has led to filling them with more people charged and held with petty crimes for longer periods of time.
  • The 2020 Bureau of Justice Statistics report showed tribal jail incarceration rates steadily increased by 60 percent since 2000. The most recent report from the Bureau of Justice Statistics, however, has shown a significant reduction of incarceration in tribal jails during the COVID-19 pandemic.

The report demonstrates the need for ongoing research to decrease the rates of arrests and incarcerations of Native people. More research is particularly needed to better understand the experiences of Native people and the systemic change necessary to meaningfully improve outcomes.

The recommendations put forth by the authors of the report include:

  • Empower tribal justice systems which are better positioned to intervene because they offer services that are culturally relevant, restorative, and fair.
  • Change the trajectory before, or even after, Native people are pulled into state and federal systems by addressing the underlying issues that bring people into the criminal justice system and the collateral consequences that pull them back in.
  • Provide funding to appoint counsel to the indigent, tribally based public defender offices to support positive change that are most congruent with traditional, restorative practices.
  • Encourage tribal public defenders to work with their clients in the context of their community—their families, their elders, their values, and their definitions of success.

The report is based on data from several surveys and sources, including the Indian Law and Order Commission, the Office of Juvenile Justice and Delinquency Prevention, the Bureau of Justice Statistics, and others. The full list of sources can be found at the end of the report.