Black History Month: Black lawyer whose mother was unfairly imprisoned is now fighting against mass incarceration

A Black attorney whose mother was unfairly imprisoned for drug addiction has opened up about her fight against mass incarceration.

Brittany K. Barnett, an attorney and criminal justice reform advocate from Texas, has opened up about her journey tackling racism within the American justice system in her memoir A Knock at Midnight: A Story of Hope, Justice, and Freedom.

VT recently spoke to Brittany for this year's Black History Month about her work freeing people who were serving death sentences for federal drug offenses, her journey into activism, and the continued dangers the justice system presents to people of color.

Brittany explained that her mother was unjustly imprisoned for two and half years as a result of drug addiction; an affliction for which Brittany said she needed treatment, not punishment.

"Fortunately, she searched deep within herself and became sober in spite of prison, not because of it," Brittany said.

At the time of her mother's incarceration, Brittany was 22, and despite the turn her life had taken, Brittany said her mother always encouraged her to follow her dreams, "even when her own dreams seemed distant."

Brittany described her mother's incarceration as a "primal wound", and it changed the direction of her life forever, bringing her "as proximate to the issue of mass incarceration as could be, short of being imprisoned myself."

"On any given day there are over two million children in this country with an incarcerated parent. It's incredibly difficult on any child to have a parent in prison, but there's something about it being your mama," she said.

"Bryan Stevenson, whose work has been an inspiration to me, often talks about the power of proximity - how critical it is to understanding the nuanced experiences of those experiencing injustice, and to accessing the power we need to seek justice," she says.

"That has certainly been true for me. Having a mother in prison gave me a heightened sense of compassion and empathy I never knew I had, towards a group of people we're taught to disparage, stereotype, and ignore.

"It led me to the discovery of genius behind bars and the power of proximity. I don't seek freedom for my clients, but with them."

VT: The work of people like you is pivotal to changing the face of Black History. What does Black History Month mean to you?

Brittany K. Barnett: "Black History Month is a time to reflect and be proud of how far we’ve come and how far we're going to go as Black people. To be clear, I celebrate Black History every month, all year! But February gives us an opportunity to celebrate collectively just a little bit more."

VT: In your book, A Knock at Midnight, you address how the legal system in its current form affects people's families. How did your experience with your mother compare to that of other Black people?

BKB: "I wish I could say my experience was unusual, but it's not. We live in a society where one in three Black men are going to enter the criminal legal system, and Black women are the fastest rising group of incarcerated people in the world. You'd be hard-pressed to find a Black family that has not been adversely impacted by this flawed system.

"Every single one of my clients were a part of loving families and social networks before they were locked away in human cages. Mass incarceration doesn't just devastate the lives of individuals, but whole families and communities. As a people, we experience its harms collectively."

VT: Former prisoners can face a number of barriers when reintegrating with society after release. Are these challenges greater for Black people?

BKB: "Even those of us who are not formerly incarcerated have to navigate the many obstacles of living while Black in America.

"Black people face systemic racism and oppression beyond mass incarceration. As a result, policies that extend punishment far beyond prison sentences and the terrible stigma of incarceration impact us disproportionately.

"That said, the issue of reintegration impacts more than Black people. It's one of the many cases in this country where fighting for racial justice will actually improve conditions for all."

VT: You have had a number of people freed from a sentence of life without parole for drug-related offenses. How does the likelihood of being imprisoned and given such a harsh sentence differ between Caucasians and those of color?

BKB: "At this point, the fact that our court system is racially biased is beyond legitimate debate. Nearly seventy percent of people in federal prison for drug offenses are Black or brown people. In fact, for all offenses, Black people are over 8 times more likely to be incarcerated than whites.

"The astonishing numbers expose a reality that cannot and should not be ignored. The facts speak for themselves. Any truly effective effort to undo the travesty of our criminal legal system must address the racial injustice at its core. Numbers don't lie."

VT: What is the biggest challenge that you've faced in navigating courtrooms as a Black woman?

BKB: "Not only being underrepresented but underestimated. As a corporate lawyer, without a criminal justice background, I was underestimated in many situations. But my hard work and my belief and conviction in every single case and every single person I represented was a driving force. It allowed me to step into any room, even If I was uncomfortable, with the confidence of my ancestors.

"That confidence comes from knowing an undeniable truth - that there is nothing more urgent than freedom."

VT: The death of George Floyd drew the world's attention to the injustices faced by Black people on a daily basis. How did it affect your activism in the legal realm?

BKB: "There's already so much vicarious trauma that comes with working in the criminal legal space every day - the system bleeds with racial injustice throughout. Witnessing the public murder of George Floyd - that hideous image the police officer grinding his knee into George Floyd’s neck -  reminded me directly of my clients.

"It reminded me of all the Black people caught up in a system that keeps its knee on their necks. It makes me think of my clients set to die in prison, never to breathe air as a free person again. And so George Floyd's death empowered my activism. It increased the sense of urgency I felt in my work: to fight for the right of people to simply be able to live and breathe."

VT: How do you think the impact of this event will continue to affect the Black Lives Matter movement in 2021?

BKB: "I think the murders of George Floyd - and those Breonna Taylor, Ahmaud Arbery, and Rayshard Brooks - and the uprisings they inspired will continue to grow and amplify the movement.

"It's a moment of tremendous promise. I’m so inspired when I see the younger generation driven by such strong hope and hunger for justice. That is exactly what’s required. We have to transform this system, not reform it. And to do that, we have to completely reimagine what justice looks like.

"We won't be fooled by the 'bad apples' argument anymore - we know the whole system is rotten at the root. The lynching of George Floyd and the uprisings it inspired will continue to mold and shape our drive for impactful change."

VT: What advice would you give to any young Black people who are hoping to pursue a legal career?

BKB: "When I was younger and complaining to my grandpa about my hardships, he gave me one of my cherished pieces of advice: 'It ain't nothin but a step for a stepper. You just gotta keep on stepping.'  

"I would give the same advice to any young Black person seeking a legal career: Go for it! No matter what the obstacles. Ain't nothin' but a step for a stepper. From abolition to the Civil Rights Movement to today, we’ve led the way. Our ancestors were courageous and we owe them. We cannot afford to be less courageous than they were.

"And when you’re through, get in touch with the Buried Alive Project! Help us bring our people home.

"Because no matter if we’re incarcerated or not, our liberation is bound together. We free us."