This podcast, Rattling the Bars is hosted by former Black Panther and political prisoner Marshall “Eddie” Conway, who puts the voices of the people most harmed by the system of mass incarceration at the center of reporting on the fight to end it. This episode gives an strong overview of what it is like to be incarcerated as a queer person and a lot of factors that impact why queer people are being incarcerated.
There is an overrepresentation of queer people in the criminal justice system. It is common for children and young adults to be kicked out of their homes and ostracized by their families. This results in high rates of homelessness, poverty, unemployment, violence, and discrimination (A Sentencing Project, 2022). These factors contribute to the criminalization of LGBTQ+ individuals and being overrepresented in the system.
Because of these experiences and discrimination from law enforcement, many queer people and people of color do not trust them. This means there are significantly less reported hate crimes and assaults. And just because something is not being reported that does not mean it is not happening.
Case study: CeCe McDonald
Many of these factors culminated to the prosecution of CeCe McDonald, a black transwoman, for defending herself from being attacked. McDonald was walking to the store with her friends when she was assaulted, a woman at a bar throw a bottle at McDonald. This cut her cheek, despite this the group continued making their way to the store, trying to ignore and avoid those who were harassing them. A man began chasing after them, hurling slurs and insults at them, particularly McDonald. These slurs revolved around her identity as a black transwoman and he was intentionally targeting her, even going so far as to run after her. This was a clear case of discrimination, racism and transphobia both played a role in McDonald being harassed and chased.
These factors are essential to this case because this is a hate crime, McDonald is being targeted because of her race and gender. Yet these factors were not taken into consideration during her case. McDonald had protected herself from the man barreling towards her, but he ran into her scissors she held out in defense. They stabbed his heart and as a result he died. McDonald was facing murder charges because the court refused to acknowledge that she was the victim. They claimed that this was an altercation because of a bar fight even though McDonald was never at the bar nor intended to go. She was assaulted while trying to pass through the area and the court dismisses this information. They view McDonald as an aggressor because she is a black woman, a harmful stereotype that the court upholds by dismissing McDonald as a victim. They openly acknowledge that they will not be taking her identity into consideration of how it resulted in the altercation because it would position her attackers as the aggressors.
In the end McDonald accepted a plea bargain of 41 months for second degree manslaughter and was sent to a men’s prison. This highlights the heteronormative values of the court because the completely disregard her identity in her case and in her sentencing to a men’s prison.
Identity plays an important role in this case because had she have been a white, wealthy, ciswoman, she would have never been charged or served this time. Though she probably would not have been harassed like this had this been who she was to begin with.