Book Review Champion Magazine: Death in Custody: How America Ignores the Truth and What We Can Do about It

Roger A. Mitchell, Jr., M.D. and J. D. Aronson, PhD

Johns Hopkins University Press

Review by Matthew T. Mangino

             The criminal justice system is facing a public health emergency – thousands of people die each year while in custody of U.S. law enforcement, concludes Roger A. Mitchell, Jr., M.D. and J. D. Aronson, PhD in their book “Death in Custody: How America Ignores the Truth and What We Can Do about It.”

            Mitchell and Aronson take a deep dive into the history of deaths while in custody. From lynchings in the late 19th and early 20th century to the 1951 report by the Civil Rights Congress “We Charge Genocide” where it was argued that there exists a “seamless transition from slavery to lynching to Jim Crow to police brutality.”

            Why did lynching take off during and after Reconstruction? The end of slavery brought an end to the value of black lives. When black men and women were chattel they had value to slave owners. After slavery, black persons had no value.

            The Association of Southern Women for Protection of Lynching and the NAACP established a definition for lynching (1) a body; (2) an illegal killing; (3) killing by a group and (4) justification of the extrajudicial killing under the banner of justice.

            Three incidents in 1999 shaped co-author Roger Mitchell’s realization that police brutality was a public health issue. In February 1999 Amadou Diallo, an unarmed man, in the Bronx, was shot 41 times by four undercover NYPD police officers.

            In April of 1999, Earl Fasion was picked up as a suspect in the killing of a New Jersey police officer. Fasion was beaten by police while handcuffed and sprayed directly in the face with pepper spray. Suffering from asthma, his breathing became strained, and he died in police custody.

            The same year “Stolen Lives” was released as an effort to humanize the victims of police brutality in custody.

            Mitchell, a medical student, was the first to write about police brutality as a public health issue for the Student National Medical Association.

            Aronson and Mitchell wrote about Reuter’s work examining 7,571 deaths of incarcerated people between 2008 and 2019 including 4,998 individuals who had not yet been convicted of a crime. Reuters found a confluence of factors that can turn a short jail stay into a death sentence -- including a dysfunctional bail system, inadequate health care including mental health treatment.  

The authors did not ignore the major incidents of excessive force by police. In 1991, a video of Rodney King, an African American motorist, being brutally beaten by Los Angeles Police officers sparking a national outrage over police brutality. After the officers were acquitted at trial, L.A. erupted into a massive riot.

In 2014, Eric Garner, an African American man, was killed by New York City police after being placed in a banned chokehold while arresting him for selling untaxed cigarettes. Garner repeatedly said, “I can’t breathe,” before dying. Garner’s homicide fueled the Black Lives Matter movement.

George Floyd, also an African American, was killed by Minneapolis police in 2020, when officer Derek Chauvin knelt on his neck for over nine minutes during an arrest, for allegedly using a counterfeit $20 bill. The killing sparking global protests with a familiar reframe -- his dying words, "I can't breathe."

Aronson and Mitchell also offered a glimpse into a little known, but principled stand by a well-known person who challenged one of America’s most influential institutions. Dr. Bennett Omalu took on the NFL over Chronic Traumatic Encephalopathy or CTE. His efforts were memorialized in the major motion picture, “Concussion.”

After exposing the NFL’s secret, Omalu landed at the San Joaquin County Sheriff-Corners Office in California. Omalu lead a crusade, with help of one of the co-authors Mitchell, to expose the dangerously inadequate coroner system in the United States.

Aronson and Mitchell concluded by making a few common-sense suggestions for dealing with deaths in custody -- none more important than the collection of data. The Center for Disease Control is responsible for capturing, compiling, and reporting the national mortality rate. 

The lack of data on deaths in custody begs the question, why haven’t the CDC and related agencies taken the lead on ensuring that accurate data are collected on deaths in custody?

(Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book The Executioner’s Toll, 2010 was released by McFarland Publishing. You can reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino)

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