9:59:59.000,9:59:59.000 One summer afternoon in 2013, 9:59:59.000,9:59:59.000 D.C. police detained,[br]questioned and searched 9:59:59.000,9:59:59.000 a man who appeared suspicious[br]and potentially dangerous. 9:59:59.000,9:59:59.000 This wasn't what I was wearing[br]the day of the detention, 9:59:59.000,9:59:59.000 to be fair, 9:59:59.000,9:59:59.000 but I have a picture of that as well. 9:59:59.000,9:59:59.000 I know it's very frightening -- 9:59:59.000,9:59:59.000 try to remain calm. 9:59:59.000,9:59:59.000 (Laughter) 9:59:59.000,9:59:59.000 At this time, 9:59:59.000,9:59:59.000 I was interning at the public[br]defender's office 9:59:59.000,9:59:59.000 in Washington DC, 9:59:59.000,9:59:59.000 and I was visiting a police[br]station for work. 9:59:59.000,9:59:59.000 I was on my way out, 9:59:59.000,9:59:59.000 and before I could make it to my car, 9:59:59.000,9:59:59.000 two police cars pulled up[br]to block my exit, 9:59:59.000,9:59:59.000 and an officer approached me from behind. 9:59:59.000,9:59:59.000 He told me to stop, 9:59:59.000,9:59:59.000 take my backpack off 9:59:59.000,9:59:59.000 and put my hands on the police car[br]parked next to us. 9:59:59.000,9:59:59.000 About a dozen officers[br]then gathered near us. 9:59:59.000,9:59:59.000 All of them had handguns, 9:59:59.000,9:59:59.000 some had assault rifles. 9:59:59.000,9:59:59.000 They rifled through my backpack, 9:59:59.000,9:59:59.000 they patted me down, 9:59:59.000,9:59:59.000 they took pictures of me[br]spread on the police car 9:59:59.000,9:59:59.000 and they laughed. 9:59:59.000,9:59:59.000 And as all this was happeneing, 9:59:59.000,9:59:59.000 as I was on the police car trying[br]to ignore the shaking in my legs, 9:59:59.000,9:59:59.000 trying to think clearly about[br]what I should do, 9:59:59.000,9:59:59.000 something stuck out to me as odd. 9:59:59.000,9:59:59.000 When I look at myself in this photo, 9:59:59.000,9:59:59.000 if I were to describe myself, 9:59:59.000,9:59:59.000 I think I'd say something like, 9:59:59.000,9:59:59.000 "19-year-old, Indian male, 9:59:59.000,9:59:59.000 bright T-Shirt, 9:59:59.000,9:59:59.000 wearing glasses." 9:59:59.000,9:59:59.000 But they weren't including any[br]of these details into their police radios 9:59:59.000,9:59:59.000 as they described me. 9:59:59.000,9:59:59.000 They kept saying, "Middle Eastern[br]male with a backpack. 9:59:59.000,9:59:59.000 Middle Eastern male with a backpack." 9:59:59.000,9:59:59.000 And this description carried on[br]into their police reports. 9:59:59.000,9:59:59.000 I never expected to be described[br]by my own government in these terms: 9:59:59.000,9:59:59.000 "lurking ... 9:59:59.000,9:59:59.000 nefarious ... 9:59:59.000,9:59:59.000 terrorist." 9:59:59.000,9:59:59.000 And the detention dragged on like this. 9:59:59.000,9:59:59.000 They sent dogs trying to smell explosives[br]to sweep the area I'd been in. 9:59:59.000,9:59:59.000 They called the federal government[br]to see if I was on any watch list. 9:59:59.000,9:59:59.000 They sent a couple of detectives[br]to cross examine me 9:59:59.000,9:59:59.000 on why if I claimed I had nothing to hide, 9:59:59.000,9:59:59.000 I wouldn't consent to search of my car. 9:59:59.000,9:59:59.000 And I could see they[br]weren't happy with me, 9:59:59.000,9:59:59.000 but I felt I had no way of knowing[br]what they'd want to do next. 9:59:59.000,9:59:59.000 At one point, the officer[br]who patted me down 9:59:59.000,9:59:59.000 scanned the side of the police station[br]to see where the security camera was -- 9:59:59.000,9:59:59.000 to see how much of this[br]was being recorded. 9:59:59.000,9:59:59.000 And when he did that, 9:59:59.000,9:59:59.000 it really sank in how completely[br]I was at their mercy. 9:59:59.000,9:59:59.000 I think we're all normalized[br]from a young age 9:59:59.000,9:59:59.000 to the idea of police officers[br]and arrests and handcuffs, 9:59:59.000,9:59:59.000 so it's easy to forget how demeaning[br]and coercive at thing it is 9:59:59.000,9:59:59.000 to seize control over[br]another person's body. 9:59:59.000,9:59:59.000 I know it sounds like[br]the point of my story 9:59:59.000,9:59:59.000 is how badly treated I was[br]because of my race -- 9:59:59.000,9:59:59.000 and yes, I don't think I would've been[br]detained if I were white -- 9:59:59.000,9:59:59.000 but actually what I have in mind[br]today is something else. 9:59:59.000,9:59:59.000 What I have in mind 9:59:59.000,9:59:59.000 is how much worse things[br]might've been if I weren't affluent. 9:59:59.000,9:59:59.000 I mean, they thought I might be[br]trying to plant an explosive, 9:59:59.000,9:59:59.000 and they investigated that possibility[br]for an hour-and-a-half, 9:59:59.000,9:59:59.000 but I was never put in handcuffs, 9:59:59.000,9:59:59.000 I was never taken to a jail cell. 9:59:59.000,9:59:59.000 I think if I were from of Washington DC's[br]poor communities of color, 9:59:59.000,9:59:59.000 and they thought I was[br]endangering officers' lives, 9:59:59.000,9:59:59.000 things might have ended differently, 9:59:59.000,9:59:59.000 and in fact, 9:59:59.000,9:59:59.000 in our system I think it's better[br]to be an affluent person 9:59:59.000,9:59:59.000 suspected of trying[br]to blow up a police station 9:59:59.000,9:59:59.000 than it is to be a poor person who's[br]suspected of much, much less than this. 9:59:59.000,9:59:59.000 I want to give you an example[br]from my current work. 9:59:59.000,9:59:59.000 Right now, I'm working for[br]a civil rights organization in DC 9:59:59.000,9:59:59.000 called Equal Justice Under Law. 9:59:59.000,9:59:59.000 Let me start by asking you all a question. 9:59:59.000,9:59:59.000 How many of you have ever gotten[br]a parking ticket in your life? 9:59:59.000,9:59:59.000 Raise your hand. 9:59:59.000,9:59:59.000 Yeah, so have I. 9:59:59.000,9:59:59.000 And when I had to pay it, 9:59:59.000,9:59:59.000 it felt annoying and it felt bad, 9:59:59.000,9:59:59.000 but I paid it and I moved on. 9:59:59.000,9:59:59.000 I'm guessing most of you have paid[br]your tickets as well. 9:59:59.000,9:59:59.000 But what would happen if you couldn't[br]afford the amount on the ticket 9:59:59.000,9:59:59.000 and your family doesn't have[br]the money either? 9:59:59.000,9:59:59.000 What happens then? 9:59:59.000,9:59:59.000 Well, one thing that's not supposed[br]to happen under the law 9:59:59.000,9:59:59.000 is you're not supposed to be[br]arrested and jailed 9:59:59.000,9:59:59.000 simply because you can't afford to pay. 9:59:59.000,9:59:59.000 That's illegal under federal law, 9:59:59.000,9:59:59.000 but that's what local govenerments[br]across the country are doing 9:59:59.000,9:59:59.000 to people who are poor. 9:59:59.000,9:59:59.000 And so many of our lawsuits[br]at Equal Justice Under Law 9:59:59.000,9:59:59.000 target these modern-day debtor's prisons. 9:59:59.000,9:59:59.000 One of our cases is against[br]Ferguson, Missouri, 9:59:59.000,9:59:59.000 and I know when I say Ferguson, 9:59:59.000,9:59:59.000 many of you will think of police violence, 9:59:59.000,9:59:59.000 but today I want to talk about[br]a different aspect 9:59:59.000,9:59:59.000 of the relationship between[br]the police force and their citizens. 9:59:59.000,9:59:59.000 Ferguson was issuing an average[br]of over two arrest warrants per person, 9:59:59.000,9:59:59.000 per year, 9:59:59.000,9:59:59.000 mostly for unpaid debt for the courts. 9:59:59.000,9:59:59.000 When I imagine what that would feel like[br]if every time I left my house 9:59:59.000,9:59:59.000 there was a chance a police officer[br]would run my license plate, 9:59:59.000,9:59:59.000 see a warrant for unpaid debt, 9:59:59.000,9:59:59.000 seize my body they way the did in DC 9:59:59.000,9:59:59.000 and then take me to a jail cell, 9:59:59.000,9:59:59.000 I feel a little sick. 9:59:59.000,9:59:59.000 I've met many of the people in Ferguson[br]who have experienced this, 9:59:59.000,9:59:59.000 and I've heard some of their stories. 9:59:59.000,9:59:59.000 In Ferguson's jail, 9:59:59.000,9:59:59.000 in each small cell there's[br]a bunk bed and a toilet, 9:59:59.000,9:59:59.000 but they pack four people into each cell. 9:59:59.000,9:59:59.000 So there'd be two people on the bunks[br]and two people on the floor, 9:59:59.000,9:59:59.000 one with nowhere to go except[br]right next to the filthy toilet 9:59:59.000,9:59:59.000 which was never cleaned. 9:59:59.000,9:59:59.000 In fact the whole cell was never cleaned, 9:59:59.000,9:59:59.000 so the floor and the walls were lined[br]with blood and mucus. 9:59:59.000,9:59:59.000 No water to drink 9:59:59.000,9:59:59.000 except coming out of the spigot[br]connected to the toilet. 9:59:59.000,9:59:59.000 The water looked and tasted dirty, 9:59:59.000,9:59:59.000 there was never enough food, 9:59:59.000,9:59:59.000 never any showers. 9:59:59.000,9:59:59.000 Women menstruating without[br]any hygiene products -- 9:59:59.000,9:59:59.000 no medical attention whatsoever. 9:59:59.000,9:59:59.000 When I asked a woman[br]about medical attention, 9:59:59.000,9:59:59.000 she laughed, 9:59:59.000,9:59:59.000 and she said, "Oh, no no. 9:59:59.000,9:59:59.000 The only attention you get [br]from the guards in there is sexual." 9:59:59.000,9:59:59.000 So, they'd take the debtors[br]to this place and they'd say, 9:59:59.000,9:59:59.000 "We're not letting you leave until[br]you make a payment on your debt." 9:59:59.000,9:59:59.000 And if you could -- 9:59:59.000,9:59:59.000 if you could call a family member who[br]could somehow come up with some money, 9:59:59.000,9:59:59.000 then maybe you were out. 9:59:59.000,9:59:59.000 If it was enough money, 9:59:59.000,9:59:59.000 you were out. 9:59:59.000,9:59:59.000 But if it wasn't, 9:59:59.000,9:59:59.000 then you'd stay there for days or weeks, 9:59:59.000,9:59:59.000 and every day the guards[br]would come down to the cells 9:59:59.000,9:59:59.000 and haggle with the debtors about[br]the price of release that day. 9:59:59.000,9:59:59.000 You'd stay until at some point the jail[br]would be booked to capacity, 9:59:59.000,9:59:59.000 and they'd want to book someone new in, 9:59:59.000,9:59:59.000 and at that point they'd think, 9:59:59.000,9:59:59.000 OK, it's unlikely this person[br]can come up with the money, 9:59:59.000,9:59:59.000 it's more likely this new person will, 9:59:59.000,9:59:59.000 you're out, they're in, 9:59:59.000,9:59:59.000 and the machine kept moving like that. 9:59:59.000,9:59:59.000 I met a man who, 9:59:59.000,9:59:59.000 nine years ago, 9:59:59.000,9:59:59.000 was arrested for panhandling[br]in a Walgreens. 9:59:59.000,9:59:59.000 He couldn't afford his fines[br]and his court fees from that case. 9:59:59.000,9:59:59.000 When he was young he survived a house fire 9:59:59.000,9:59:59.000 only because he jumped out[br]a third-story window to escape. 9:59:59.000,9:59:59.000 But that fall left him[br]with damage to his brain 9:59:59.000,9:59:59.000 and several parts of this body, 9:59:59.000,9:59:59.000 including his leg. 9:59:59.000,9:59:59.000 So he can't work, 9:59:59.000,9:59:59.000 and he relies on social security[br]payments to survive. 9:59:59.000,9:59:59.000 When I met him in his apartment, 9:59:59.000,9:59:59.000 he had nothing of value there -- 9:59:59.000,9:59:59.000 not even food in his fridge. 9:59:59.000,9:59:59.000 He was chronically hungry. 9:59:59.000,9:59:59.000 He had nothing of value in his apartment[br]except a small piece of cardboard 9:59:59.000,9:59:59.000 on which he'd written[br]the names of children. 9:59:59.000,9:59:59.000 He cherished this a lot, 9:59:59.000,9:59:59.000 he was happy to show it to me. 9:59:59.000,9:59:59.000 But he can't pay his fines and fees[br]because he has nothing to give. 9:59:59.000,9:59:59.000 In the last nine years, 9:59:59.000,9:59:59.000 he's been arrested 13 times, 9:59:59.000,9:59:59.000 and jailed for 130 days[br]on that panhandling case. 9:59:59.000,9:59:59.000 One of those stretches lasted 45 days. 9:59:59.000,9:59:59.000 Just imagine spending from right now[br]until sometime in June 9:59:59.000,9:59:59.000 in the place that I described to you[br]a few moments ago. 9:59:59.000,9:59:59.000 He told me about all the suicide attempts[br]he's seen in Ferguson's jail. 9:59:59.000,9:59:59.000 About the time a man found[br]a way to hang himself 9:59:59.000,9:59:59.000 out of reach of the other inmates, 9:59:59.000,9:59:59.000 so all they could do was yell[br]and yell and yell, 9:59:59.000,9:59:59.000 trying to get the guard's attention 9:59:59.000,9:59:59.000 so they could come down and cut him down. 9:59:59.000,9:59:59.000 And he told me that it took the guards[br]over five minutes to respond, 9:59:59.000,9:59:59.000 and when they came, 9:59:59.000,9:59:59.000 they man was unconcious, 9:59:59.000,9:59:59.000 so they called the paramedics[br]and the paramedics went to the cell. 9:59:59.000,9:59:59.000 They said, "He'll be OK," 9:59:59.000,9:59:59.000 so they just left him there on the floor. 9:59:59.000,9:59:59.000 I heard many stories like this[br]and they shouldn't have surprised me, 9:59:59.000,9:59:59.000 because suicide is the single leading[br]cause of death in our local jails. 9:59:59.000,9:59:59.000 This is related to the lack[br]of mental healthcare in our jails. 9:59:59.000,9:59:59.000 I met a woman, 9:59:59.000,9:59:59.000 a single mother of three, 9:59:59.000,9:59:59.000 making seven dollars an hour. 9:59:59.000,9:59:59.000 She relies on food stamps to feed[br]herself and her children. 9:59:59.000,9:59:59.000 About a decade ago, 9:59:59.000,9:59:59.000 she got a couple of traffic tickets[br]and a minor theft charge, 9:59:59.000,9:59:59.000 and she can't afford her fines[br]and fees on those cases. 9:59:59.000,9:59:59.000 Since then, she's been jailed[br]about 10 times on those cases, 9:59:59.000,9:59:59.000 but she has schizophrenia[br]and bipolar disorder, 9:59:59.000,9:59:59.000 and she needs medication every day. 9:59:59.000,9:59:59.000 She doesn't have access to those[br]medications in Ferguson's jail 9:59:59.000,9:59:59.000 because no one has access[br]to their medications. 9:59:59.000,9:59:59.000 As she told me about what it was like[br]to spend two weeks in a cage, 9:59:59.000,9:59:59.000 hallucinating people and shadows[br]and hearing voices, 9:59:59.000,9:59:59.000 begging for the medication[br]that would make it all stop, 9:59:59.000,9:59:59.000 only to be ignored. 9:59:59.000,9:59:59.000 And this is anomalous either: 9:59:59.000,9:59:59.000 thirty percent of women in our local jails[br]have serious mental health needs 9:59:59.000,9:59:59.000 just like hers, 9:59:59.000,9:59:59.000 but only one in six receive mental[br]health care while in jail. 9:59:59.000,9:59:59.000 And so, I heard all these stories[br]about this grotesque dungeon 9:59:59.000,9:59:59.000 that Ferguson was operating[br]for its debtors, 9:59:59.000,9:59:59.000 and when it came time for me to actually[br]see it and to go visit Ferguson's jail, 9:59:59.000,9:59:59.000 I'm not sure what I was expecting to see, 9:59:59.000,9:59:59.000 but I wasn't expecting this. 9:59:59.000,9:59:59.000 It's an ordinary governement building, 9:59:59.000,9:59:59.000 it could be a Post office or a school. 9:59:59.000,9:59:59.000 It reminded me that these[br]illegal extortion schemes 9:59:59.000,9:59:59.000 aren't being run somewhere in the shadows, 9:59:59.000,9:59:59.000 they're being run out in the open[br]by our public officials. 9:59:59.000,9:59:59.000 They're a matter of public policy. 9:59:59.000,9:59:59.000 And this reminded me[br]that poverty jailing in general, 9:59:59.000,9:59:59.000 even outside the debtors prison context, 9:59:59.000,9:59:59.000 plays a very visible and central role[br]in our justice system. 9:59:59.000,9:59:59.000 What I have in mind is our policy of bail. 9:59:59.000,9:59:59.000 In our system, 9:59:59.000,9:59:59.000 whether you're detained or free, 9:59:59.000,9:59:59.000 pending trial, 9:59:59.000,9:59:59.000 is not a matter of how dangerous you are[br]or how much of a flight risk you pose, 9:59:59.000,9:59:59.000 it's a matter of whether you can afford[br]to post your bail amount. 9:59:59.000,9:59:59.000 So Bill Cosby, 9:59:59.000,9:59:59.000 whose bail was set a one million dollars, 9:59:59.000,9:59:59.000 immediately writes the check 9:59:59.000,9:59:59.000 and doesn't spend a second in a jail cell. 9:59:59.000,9:59:59.000 But Sandra Bland, 9:59:59.000,9:59:59.000 who died in jail, 9:59:59.000,9:59:59.000 was only there because her family[br]was unable to come up with 500 dollars. 9:59:59.000,9:59:59.000 In fact, 9:59:59.000,9:59:59.000 there are half a million Sandra Blands[br]across the country. 9:59:59.000,9:59:59.000 500,000 people who are in jail right now 9:59:59.000,9:59:59.000 only because they can't[br]afford their bail amount. 9:59:59.000,9:59:59.000 We're told that our jails[br]are places for criminals, 9:59:59.000,9:59:59.000 but statistically that's not the case: 9:59:59.000,9:59:59.000 three out of every five people[br]in jail right now 9:59:59.000,9:59:59.000 are there pre-trial. 9:59:59.000,9:59:59.000 They haven't been convicted of any crime, 9:59:59.000,9:59:59.000 they haven't plead guilty to any offense. 9:59:59.000,9:59:59.000 Right here in San Francisco, 9:59:59.000,9:59:59.000 85 percent of the inmates[br]in our jail in San Francisco 9:59:59.000,9:59:59.000 are pre-trial detainees. 9:59:59.000,9:59:59.000 This means San Francisco is spending[br]something like 80 million dollars 9:59:59.000,9:59:59.000 every year 9:59:59.000,9:59:59.000 to fund pre-trial detention. 9:59:59.000,9:59:59.000 Many of these people who are in jail[br]only because they can't post bail 9:59:59.000,9:59:59.000 are facing allegations to minor 9:59:59.000,9:59:59.000 that the amount of time it would take[br]for them to sit waiting for trial 9:59:59.000,9:59:59.000 is longer than the sentence they[br]would receive if convicted, 9:59:59.000,9:59:59.000 which means they're guaranteed[br]to get out faster 9:59:59.000,9:59:59.000 if they just plead guilty. 9:59:59.000,9:59:59.000 So now the choice is, 9:59:59.000,9:59:59.000 should I stay here in this horrible place, 9:59:59.000,9:59:59.000 away from my family[br]and my dependents, 9:59:59.000,9:59:59.000 almost guaranteed to lose my job, 9:59:59.000,9:59:59.000 and then fight charges, 9:59:59.000,9:59:59.000 or should I just plead guilty[br]to whatever the prosecutor wants 9:59:59.000,9:59:59.000 and get out? 9:59:59.000,9:59:59.000 And at this point[br]they're pre-trial detainees, 9:59:59.000,9:59:59.000 not criminals. 9:59:59.000,9:59:59.000 But once they take that plea deal, 9:59:59.000,9:59:59.000 we'll call them criminals, 9:59:59.000,9:59:59.000 even though an affluent person would[br]never have been in this situation, 9:59:59.000,9:59:59.000 because an affluent person would[br]have simply been bailed out. 9:59:59.000,9:59:59.000 At this point you might be wondering, 9:59:59.000,9:59:59.000 this guy's in the inspiration section, 9:59:59.000,9:59:59.000 what is he doing -- 9:59:59.000,9:59:59.000 (Laughter) 9:59:59.000,9:59:59.000 This is extremely depressing. 9:59:59.000,9:59:59.000 I want my money back. 9:59:59.000,9:59:59.000 (Laughter) 9:59:59.000,9:59:59.000 But in actuality, 9:59:59.000,9:59:59.000 I find talking about jailing much less[br]depressing than the alternative, 9:59:59.000,9:59:59.000 because I think if we don't[br]talk about these issues 9:59:59.000,9:59:59.000 and collectively change how[br]we think about jailing, 9:59:59.000,9:59:59.000 at the end of all of our lives, 9:59:59.000,9:59:59.000 we'll still have jails full of poor[br]people who don't belong there. 9:59:59.000,9:59:59.000 That really is depressing to me. 9:59:59.000,9:59:59.000 But what's exciting to me is the thought 9:59:59.000,9:59:59.000 that these stories can moves us to think[br]about jailing in different terms. 9:59:59.000,9:59:59.000 Not in sterile policy terms[br]like "mass incarceration, 9:59:59.000,9:59:59.000 or sentencing of non-violent offenders," 9:59:59.000,9:59:59.000 but in human terms. 9:59:59.000,9:59:59.000 When we put a human being in a cage[br]for days, or weeks, or months 9:59:59.000,9:59:59.000 or even years, 9:59:59.000,9:59:59.000 what are we doing[br]to that person's mind and body? 9:59:59.000,9:59:59.000 Under what conditions are we[br]really willing to do that? 9:59:59.000,9:59:59.000 And so if starting with a few hundred[br]of us in this room 9:59:59.000,9:59:59.000 we can commit to thinking about[br]jailing in this different light, 9:59:59.000,9:59:59.000 if we can undo that normalization[br]I was referring to earlier. 9:59:59.000,9:59:59.000 So if I leave you with anything today, 9:59:59.000,9:59:59.000 I hope it's with the thought 9:59:59.000,9:59:59.000 that if want anything[br]to fundamentally change -- 9:59:59.000,9:59:59.000 not just to reform our policies[br]on bail and fines and fees -- 9:59:59.000,9:59:59.000 but also to make sure that whatever[br]new policies replace those 9:59:59.000,9:59:59.000 don't punish the poor and the margenalized[br]in their own new way. 9:59:59.000,9:59:59.000 If we want that kind of change, 9:59:59.000,9:59:59.000 then this shift in thinking[br]is required of each of us. 9:59:59.000,9:59:59.000 Thank you. 9:59:59.000,9:59:59.000 (Applause)