1
99:59:59,999 --> 99:59:59,999
I have never been arrested,

2
99:59:59,999 --> 99:59:59,999
never spent a night in jail,

3
99:59:59,999 --> 99:59:59,999
never had a loved one thrown
into the back of a squad car

4
99:59:59,999 --> 99:59:59,999
or behind bars,

5
99:59:59,999 --> 99:59:59,999
or be at the mercy of a scary,
confusing system

6
99:59:59,999 --> 99:59:59,999
that at best sees them with indifference,

7
99:59:59,999 --> 99:59:59,999
and at worst as a monstrous.

8
99:59:59,999 --> 99:59:59,999
United States of America locks up
more people than any other nation

9
99:59:59,999 --> 99:59:59,999
on the planet.

10
99:59:59,999 --> 99:59:59,999
And Louisiana is our biggest incarcerator.

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99:59:59,999 --> 99:59:59,999
Most of you are probably like me --

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99:59:59,999 --> 99:59:59,999
lucky.

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99:59:59,999 --> 99:59:59,999
The closest we get to crime and punishment
is likely what we see on TV.

14
99:59:59,999 --> 99:59:59,999
While making "Unprisoned,"

15
99:59:59,999 --> 99:59:59,999
I met a woman who used to be like us --

16
99:59:59,999 --> 99:59:59,999
Sheila Phipps.

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99:59:59,999 --> 99:59:59,999
(Recording) Sheila Phipps: Before
my son went to jail,

18
99:59:59,999 --> 99:59:59,999
I used to see people be on television,

19
99:59:59,999 --> 99:59:59,999
fighting, saying, "Oh, this person
didn't do it and this person is innocent."

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And you know, you snub them

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or you dismiss them,

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and like, "Yeah, whatever."

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99:59:59,999 --> 99:59:59,999
Don't get me wrong --

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99:59:59,999 --> 99:59:59,999
there's a lot of people
who deserve to be in prison.

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99:59:59,999 --> 99:59:59,999
There's a lot of criminals out here.

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99:59:59,999 --> 99:59:59,999
But there are a lot of innocent
people that are in jail.

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99:59:59,999 --> 99:59:59,999
EA: Sheila's son, McKinley,
is one of those innocent people.

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99:59:59,999 --> 99:59:59,999
He served 17 years of a 30-year sentence
on a manslaughter charge.

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He had no previous convictions,

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99:59:59,999 --> 99:59:59,999
there was no forensic
evidence in the case.

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He was convicted solely
on the basis of eyewitness testimony,

32
99:59:59,999 --> 99:59:59,999
and decades of research have shown

33
99:59:59,999 --> 99:59:59,999
that eyewitess testimony isn't as reliable
as we once believed it to be.

34
99:59:59,999 --> 99:59:59,999
Scientists say that memory isn't precise.

35
99:59:59,999 --> 99:59:59,999
It's less like playing back a video,

36
99:59:59,999 --> 99:59:59,999
and more like putting together a puzzle.

37
99:59:59,999 --> 99:59:59,999
Since 1989, when DNA testing
was first used to free innocent people,

38
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over 70 percent of overturned convictions
were based on eyewitness testimony.

39
99:59:59,999 --> 99:59:59,999
Last year,

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99:59:59,999 --> 99:59:59,999
the district attorney whose office
prosecuted McKinley's case

41
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was convicted of unrelated
corruption charges.

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99:59:59,999 --> 99:59:59,999
When this district attorney
of 30 years stepped down,

43
99:59:59,999 --> 99:59:59,999
the eyewitnesses
from McKinley's case came forward

44
99:59:59,999 --> 99:59:59,999
and said that they had been pressured
into testifying by the district attorneys,

45
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pressure which included
the threat of jail time.

46
99:59:59,999 --> 99:59:59,999
Despite this, McKinley is still in prison.

47
99:59:59,999 --> 99:59:59,999
(Recording) SP: Before this happened,

48
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I never would've thought it.

49
99:59:59,999 --> 99:59:59,999
And --

50
99:59:59,999 --> 99:59:59,999
well, I guess it's hard for me to imagine

51
99:59:59,999 --> 99:59:59,999
that these things are going on,

52
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you know,

53
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until this happened to my son.

54
99:59:59,999 --> 99:59:59,999
It really opened my eyes.

55
99:59:59,999 --> 99:59:59,999
It really, really opened my eyes.

56
99:59:59,999 --> 99:59:59,999
I ain't gonna lie to you.

57
99:59:59,999 --> 99:59:59,999
EA: Estimates of how many innocent
people are locked up

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99:59:59,999 --> 99:59:59,999
range between one and four percent,

59
99:59:59,999 --> 99:59:59,999
which maybe doesn't sound like a lot,

60
99:59:59,999 --> 99:59:59,999
except that it amounts
to around 87,000 people:

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99:59:59,999 --> 99:59:59,999
mothers, fathers, sons locked up,

62
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often for decades,

63
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for crimes they did not commit.

64
99:59:59,999 --> 99:59:59,999
And that's not even counting
the roughly half a million people

65
99:59:59,999 --> 99:59:59,999
who have been convicted of nothing --

66
99:59:59,999 --> 99:59:59,999
those presumed innocent,

67
99:59:59,999 --> 99:59:59,999
but who are too poor to bail out of jail

68
99:59:59,999 --> 99:59:59,999
and therefore sit behind bars
for weeks upon months,

69
99:59:59,999 --> 99:59:59,999
waiting for their case
to come to trial --

70
99:59:59,999 --> 99:59:59,999
or much more likely,

71
99:59:59,999 --> 99:59:59,999
waiting to take a plea just to get out.

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All of those people
have family on the outside.

73
99:59:59,999 --> 99:59:59,999
(Recording) My brother missed
my high school graduation

74
99:59:59,999 --> 99:59:59,999
because the night before my graduation,

75
99:59:59,999 --> 99:59:59,999
he went to jail.

76
99:59:59,999 --> 99:59:59,999
My brother missed my birthday dinner

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because that day actually,

78
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he went to jail.

79
99:59:59,999 --> 99:59:59,999
My brother missed his own birthday dinner

80
99:59:59,999 --> 99:59:59,999
because he was in the wrong place
at the wrong time.

81
99:59:59,999 --> 99:59:59,999
(Recording) EA: So all these times
when he ended up going to jail,

82
99:59:59,999 --> 99:59:59,999
were charges pressed,

83
99:59:59,999 --> 99:59:59,999
or did he just get taken to jail?

84
99:59:59,999 --> 99:59:59,999
(Recording) Um, the charges
would be pressed

85
99:59:59,999 --> 99:59:59,999
and it would have a bond posted,

86
99:59:59,999 --> 99:59:59,999
then the charges will get dropped ...

87
99:59:59,999 --> 99:59:59,999
because there was no evidence.

88
99:59:59,999 --> 99:59:59,999
EA: I met Kortney Williams
when I went to her college classroom

89
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to talk about "Unprisoned."

90
99:59:59,999 --> 99:59:59,999
She ended up interviewing her aunt,

91
99:59:59,999 --> 99:59:59,999
Troylynn Robertson,

92
99:59:59,999 --> 99:59:59,999
for an episode.

93
99:59:59,999 --> 99:59:59,999
(Recording) Kortney Williams:
with everything that you went through

94
99:59:59,999 --> 99:59:59,999
with your children,

95
99:59:59,999 --> 99:59:59,999
what is any advice that you would give me

96
99:59:59,999 --> 99:59:59,999
if I had any kids?

97
99:59:59,999 --> 99:59:59,999
(Recording) Troylynn Roberston:
I would tell you when you have them,

98
99:59:59,999 --> 99:59:59,999
you know the first thing that will
initially come to mind is love

99
99:59:59,999 --> 99:59:59,999
and protection,

100
99:59:59,999 --> 99:59:59,999
but I would tell you,

101
99:59:59,999 --> 99:59:59,999
[even with] the protection to raise them
with knowledge of the judicial system --

102
99:59:59,999 --> 99:59:59,999
you know, we always tell our kids
about the boogeyman,

103
99:59:59,999 --> 99:59:59,999
the bad people,

104
99:59:59,999 --> 99:59:59,999
who to watch out for,

105
99:59:59,999 --> 99:59:59,999
but we don't teach them how
to watch out for the judicial system.

106
99:59:59,999 --> 99:59:59,999
EA: Because of the way
our criminal legal systema

107
99:59:59,999 --> 99:59:59,999
disproportionately targets
people of color,

108
99:59:59,999 --> 99:59:59,999
it's not uncommon for young people
like Kortney to know about it.

109
99:59:59,999 --> 99:59:59,999
When I started going into high schools
to talk to students about "Unprisoned,"

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I found that roughly one-third
of the young people I spoke with

111
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had a loved one behind bars.

112
99:59:59,999 --> 99:59:59,999
(Recording) The hardest part is like,

113
99:59:59,999 --> 99:59:59,999
finding out [where he's at],

114
99:59:59,999 --> 99:59:59,999
or like, when his court date is.

115
99:59:59,999 --> 99:59:59,999
Yeah, he went to jail
on my first birthday.

116
99:59:59,999 --> 99:59:59,999
(Recording) My dad works as a jail guard.

117
99:59:59,999 --> 99:59:59,999
He saw my uncle in jail.

118
99:59:59,999 --> 99:59:59,999
He's in there for life.

119
99:59:59,999 --> 99:59:59,999
EA: According to the Annie E.
Casey Foundation,

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99:59:59,999 --> 99:59:59,999
the number of young people with a father
incarcerated rose 500 percent

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between 1980 and 2000.

122
99:59:59,999 --> 99:59:59,999
Over five million of today's children
will see a parent incarcerated

123
99:59:59,999 --> 99:59:59,999
at some point in their childhoods.

124
99:59:59,999 --> 99:59:59,999
But this number disproportionately
effects African-American children.

125
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By the time they reach the age of 14,

126
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one in four black children will see
their dad go off to prison.

127
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That's compared to a rate
of one in 30 for white children.

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One key factor determining the future
success of both inmates and their children

129
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is whether they can maintain ties
during the parent's incarceration,

130
99:59:59,999 --> 99:59:59,999
but prisoners' phone calls home
can cost 20 to 20 times more

131
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than regular phone calls,

132
99:59:59,999 --> 99:59:59,999
so many families
keep in touch through letters.

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(Recording) Dear big brother,

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I'm making the big 16 this year,

135
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LOL.

136
99:59:59,999 --> 99:59:59,999
Guess I'm not a baby anymore.

137
99:59:59,999 --> 99:59:59,999
You still taking me to prom?

138
99:59:59,999 --> 99:59:59,999
I really miss you.

139
99:59:59,999 --> 99:59:59,999
You're the only guy that kept [... ...]

140
99:59:59,999 --> 99:59:59,999
I wish you were here so I can vent to you.

141
99:59:59,999 --> 99:59:59,999
So much has happened since
the last time I seen you.

142
99:59:59,999 --> 99:59:59,999
I have some good news.

143
99:59:59,999 --> 99:59:59,999
I won first place in the science fair.

144
99:59:59,999 --> 99:59:59,999
I'm a geek.

145
99:59:59,999 --> 99:59:59,999
We're going to regionals,

146
99:59:59,999 --> 99:59:59,999
can't you believe it?

147
99:59:59,999 --> 99:59:59,999
High school is going by super fast.

148
99:59:59,999 --> 99:59:59,999
In less than two years,

149
99:59:59,999 --> 99:59:59,999
I hope you'll be able to see me
walk across the stage.

150
99:59:59,999 --> 99:59:59,999
I thought to write to you because
I know it's boring there.

151
99:59:59,999 --> 99:59:59,999
I'm trying to put a smile on your face.

152
99:59:59,999 --> 99:59:59,999
EA: Anyssa wrote
these letters to her brother

153
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when she was a sophomore in high school.

154
99:59:59,999 --> 99:59:59,999
She keeps the letters he writes to her

155
99:59:59,999 --> 99:59:59,999
tucked into the frame
of her bedroom mirror,

156
99:59:59,999 --> 99:59:59,999
and reads them over and over again.

157
99:59:59,999 --> 99:59:59,999
I'd like to think
that there's a good reason

158
99:59:59,999 --> 99:59:59,999
why Anissa's brother is locked up.

159
99:59:59,999 --> 99:59:59,999
We all want the wheels of justice
to properly turn,

160
99:59:59,999 --> 99:59:59,999
but we're coming to understand

161
99:59:59,999 --> 99:59:59,999
that the lofty ideals we learned
in school look really different

162
99:59:59,999 --> 99:59:59,999
in our nation's prisons
and jails and courtrooms.

163
99:59:59,999 --> 99:59:59,999
(Recording) You walk
into that courtroom and you're just --

164
99:59:59,999 --> 99:59:59,999
you know I've been
doing this for a quite a while,

165
99:59:59,999 --> 99:59:59,999
and it still catches your breath.

166
99:59:59,999 --> 99:59:59,999
You're like, "there are so many
people of color here,"

167
99:59:59,999 --> 99:59:59,999
and yet I know that the city is not
made up of 90 percent African-Americans,

168
99:59:59,999 --> 99:59:59,999
so why is it that 90 percent
of the people who are in orange

169
99:59:59,999 --> 99:59:59,999
are African-American?

170
99:59:59,999 --> 99:59:59,999
(Recording) EA: Public defender
Danny Engelberg

171
99:59:59,999 --> 99:59:59,999
isn't the only one noticing how many
black people are in municipal court --

172
99:59:59,999 --> 99:59:59,999
or in any court.

173
99:59:59,999 --> 99:59:59,999
It's hard to miss.

174
99:59:59,999 --> 99:59:59,999
(Recording) Who's sitting in court
waiting to see the judge?

175
99:59:59,999 --> 99:59:59,999
What do they look like?

176
99:59:59,999 --> 99:59:59,999
(Recording) Man: Uh, mostly
African-Americans,

177
99:59:59,999 --> 99:59:59,999
like me.

178
99:59:59,999 --> 99:59:59,999
(Recording) Man: It's mostly,

179
99:59:59,999 --> 99:59:59,999
I could say, 85 percent black.

180
99:59:59,999 --> 99:59:59,999
That's all you see in the orange,

181
99:59:59,999 --> 99:59:59,999
in the box,

182
99:59:59,999 --> 99:59:59,999
[back there], locked up, just waiting.

183
99:59:59,999 --> 99:59:59,999
(Recording) Man: Mostly black.

184
99:59:59,999 --> 99:59:59,999
I mean, there was a couple
of white people in there.

185
99:59:59,999 --> 99:59:59,999
(Recording) Woman: I think it was about
85 percent African-American

186
99:59:59,999 --> 99:59:59,999
that was sitting there.

187
99:59:59,999 --> 99:59:59,999
EA: How does a young black person
growing up in America today

188
99:59:59,999 --> 99:59:59,999
come to understand justice?

189
99:59:59,999 --> 99:59:59,999
Another "Unprisoned" story
was about a troupe of dancers

190
99:59:59,999 --> 99:59:59,999
who choreographed a piece
called "Hoods Up,"

191
99:59:59,999 --> 99:59:59,999
which they performed
in front of city council.

192
99:59:59,999 --> 99:59:59,999
Dawonta White was in the seventh grade
for that performance.

193
99:59:59,999 --> 99:59:59,999
(Recording) Dawonta White: we was wearing
black with hoodies because Trayvon Martin,

194
99:59:59,999 --> 99:59:59,999
he was wearing his hoodie

195
99:59:59,999 --> 99:59:59,999
and he was killed.

196
99:59:59,999 --> 99:59:59,999
So we looked upon that,

197
99:59:59,999 --> 99:59:59,999
and we said we're going to wear
hoodies like Trayvon Martin.

198
99:59:59,999 --> 99:59:59,999
(Recording) EA: Who came up
with that idea?

199
99:59:59,999 --> 99:59:59,999
(Recording) DW: The group.

200
99:59:59,999 --> 99:59:59,999
We all agreed on it.

201
99:59:59,999 --> 99:59:59,999
I was a little nervous,

202
99:59:59,999 --> 99:59:59,999
but um, I had to stick through it,

203
99:59:59,999 --> 99:59:59,999
but I felt like it was a good thing

204
99:59:59,999 --> 99:59:59,999
so they could notice what we do.

205
99:59:59,999 --> 99:59:59,999
(Recording) EA: Shraivell Brown
was another choreographer and dancer

206
99:59:59,999 --> 99:59:59,999
in "Hoods up."

207
99:59:59,999 --> 99:59:59,999
He says the police criticize
people who look like him.

208
99:59:59,999 --> 99:59:59,999
He feels judged based on things
other black people may have done.

209
99:59:59,999 --> 99:59:59,999
(Recording) EA: How would you
want the police to look at you

210
99:59:59,999 --> 99:59:59,999
and what would you want them to think?

211
99:59:59,999 --> 99:59:59,999
(Recording) Shraivell Brown: I want
them to think I'm not no threat.

212
99:59:59,999 --> 99:59:59,999
EA: Why would they think
you're threatening?

213
99:59:59,999 --> 99:59:59,999
What did you say --

214
99:59:59,999 --> 99:59:59,999
you're 14?

215
99:59:59,999 --> 99:59:59,999
SB: Yes, I'm 14, but how do we --

216
99:59:59,999 --> 99:59:59,999
because they said a lot of black males
are thugs and gangsters and all that,

217
99:59:59,999 --> 99:59:59,999
but I don't want them thinking
that about me.

218
99:59:59,999 --> 99:59:59,999
EA: For folks who look like me,

219
99:59:59,999 --> 99:59:59,999
the easiest and most comfortable
thing to do is to not pay attention --

220
99:59:59,999 --> 99:59:59,999
to assume our criminal
legal system is working,

221
99:59:59,999 --> 99:59:59,999
but if it's not our responsibility
to question those assumptions,

222
99:59:59,999 --> 99:59:59,999
whose responsibility is it?

223
99:59:59,999 --> 99:59:59,999
There's a synagogue here that's taken on
learning about mass incarceration,

224
99:59:59,999 --> 99:59:59,999
and many congregant have concluded

225
99:59:59,999 --> 99:59:59,999
that because mass incarceration
throws so many lives into chaos,

226
99:59:59,999 --> 99:59:59,999
it actually creates more crime,

227
99:59:59,999 --> 99:59:59,999
makes people less safe.

228
99:59:59,999 --> 99:59:59,999
Congregant [Terry Hunter] says

229
99:59:59,999 --> 99:59:59,999
the first step towards action
has to be understanding.

230
99:59:59,999 --> 99:59:59,999
She says it's crucial for all of us
to understand our connection to this issue

231
99:59:59,999 --> 99:59:59,999
even if it's not immediately obvious.

232
99:59:59,999 --> 99:59:59,999
(Recording) Terry Hunter:
It's on our shoulders

233
99:59:59,999 --> 99:59:59,999
to make sure that we're not
just closing that door

234
99:59:59,999 --> 99:59:59,999
and saying, "Well, it's not us."

235
99:59:59,999 --> 99:59:59,999
And I think as Jews,

236
99:59:59,999 --> 99:59:59,999
it's --

237
99:59:59,999 --> 99:59:59,999
you know, we've lived that history --

238
99:59:59,999 --> 99:59:59,999
"It's not us."

239
99:59:59,999 --> 99:59:59,999
And so if society closes
their back on one section,

240
99:59:59,999 --> 99:59:59,999
we've seen what happens.

241
99:59:59,999 --> 99:59:59,999
And so it is our responsibility as Jews
and as members of this community

242
99:59:59,999 --> 99:59:59,999
to educate our community --

243
99:59:59,999 --> 99:59:59,999
at least our congregation --

244
99:59:59,999 --> 99:59:59,999
to the extent that we're able.

245
99:59:59,999 --> 99:59:59,999
EA: I've been using the pronouns us and we

246
99:59:59,999 --> 99:59:59,999
because this is our criminal legal system

247
99:59:59,999 --> 99:59:59,999
and our children.

248
99:59:59,999 --> 99:59:59,999
We elect the district attorneys,

249
99:59:59,999 --> 99:59:59,999
the judges and the legistlators
who operate these systems

250
99:59:59,999 --> 99:59:59,999
for we the people.

251
99:59:59,999 --> 99:59:59,999
As a society,

252
99:59:59,999 --> 99:59:59,999
we are more willing to risk
locking up innocent people

253
99:59:59,999 --> 99:59:59,999
than we are to let guilty people go free.

254
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We let politicians who fear
being labled "soft on crime,"

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encouraging them to pass harsh legislation

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and allocate enormous resources
toward locking people up.

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When a crime is committed,

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our hunger for swift retribution
has fed a police culture

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bent on finding culprits fast,

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often without adequate resources
to conduct thorough investigations

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or strict scrutiny
of those investigations.

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We don't put checks on prosecutors.

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Across the country,

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over the last couple of decades,

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as property and violent crimes
have both fell,

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the number of prosecutors employed
and cases they have filed has risen.

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Prosecutors decide whether
or not to take legal action

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against the people police arrest

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and they decide what charges to file,

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directly impacting how much time
a defendant potentially faces behind bars.

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One check we do have
on prosecutors is defense.

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Imagine Lady Liberty:

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the blindfolded woman holding the scale

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meant to symbolize the balance
in our judicial system.

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Unfortunately, that scale is tipped.

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The majority of defendants in our country

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are represented by
government-appointed attorneys.

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These public defenders receive
around 30 percent less funding

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than district attorneys do,

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and they often have caseloads
far outnumbering

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what the American Bar
Association recommends.

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As Sheila Phipps said,

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"There are people who belong in prison,"

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but it's hard to tell
the guilty from the innocent

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when everyone's outcomes are so similar.

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We all want justice.

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But with the process weighed
so heavily against defendants,

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justice is hard to come by.

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Our criminal legal system
operates for we, the people.

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If we don't like what's going on,

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it is up to us to change it.

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Thank you very much.

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(Applause)