Black victims of violent crime disproportionately denied aid in many states

This is despite the fact that these programs are designed to help those in need.

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Jun 21, 2023 • 10 min read

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Debra Long stands near the gravestone of her son Randy Long in Poughkeepsie (N.Y.), April 19, 2023. A study by the AP of 23 states shows that Blacks are disproportionately excluded from aid programs for victims of violent crimes.

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Debra Long from Poughkeepsie in New York holds the letter explaining why she was initially refused reimbursement for the funeral services of her son Randy Long who was murdered by 2006, as seen in this photo taken on April 19, 2023. According to an AP analysis of 23 state data, Black people are disproportionately excluded from aid programs for victims of violent crimes.

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Debra Long examines documents and photos from her son's life about his murder, Randy Long. This was taken at her Poughkeepsie home on April 19, 2023. A study by the Associated Press of 23 states shows that Blacks are disproportionately excluded from aid programs for victims of violent crimes.

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Debra Long examines documents and photos from her son's life about his murder, Randy Long. This was taken at her Poughkeepsie home on April 19, 2023. A study by the Associated Press of 23 states revealed that Blacks are disproportionately excluded from receiving aid under programs that reimburse victims for violent crimes.

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Debra Long, at her Poughkeepsie home, N.Y. on April 19, 2023 reflects on the years she spent trying to get the state reimbursed for the funeral costs of her son Randy Long, who was murdered. A study by the Associated Press of 23 states shows that Blacks are disproportionately excluded from aid programs for victims of violent crimes.

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Debra Long, at her Poughkeepsie home, N.Y. on April 19, 2023 reflects on the years she spent trying to get the state reimburse her for the funeral costs of her son Randy Long, who was murdered. A study by the Associated Press of 23 states found that Blacks are disproportionately excluded from aid programs for victims of violent crimes.

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Debra Long shows his mother in Poughkeepsie (N.Y.), April 19, 2023, the paperwork and letters related to Randy Long's case, who was killed in 2006. A study by the Associated Press of 23 states shows that Blacks are disproportionately excluded from receiving aid under programs that reimburse victims for violent crimes.

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Debra Long examines documents and photos from her son's life about his murder, Randy Long. This was taken at her Poughkeepsie home on April 19, 2023. A study by the Associated Press of 23 states reveals that Blacks are disproportionately excluded from aid programs for victims of violent crimes.

Seth Wenig/AP

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Xia’la Long poses for a picture at a cemetery near Poughkeepsie in New York, April 19, 2023, looking at the gravestone of her murdered uncle Randy Long. A study by the Associated Press of 23 states shows that Blacks are disproportionately excluded from aid programs for victims of violent crimes.

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Xia’la Long kisses the tombstone of her uncle Randy Long while posing in a photo for her mother Tamara Long and grandmother Debra Long in Poughkeepsie (N.Y.), April 19, 2023. A study by the Associated Press of 23 states shows that Blacks are disproportionately excluded from aid programs for victims of violent crimes.

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Debra Long poses for a picture in a cemetery near Poughkeepsie in New York, April 19th, 2023. Her reflection is on the gravestone Randy Long who was killed in 2006. A study by the Associated Press of 23 states revealed that Black people were disproportionately denied assistance from programs that reimburse victims for violent crimes.

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Debra Long will never forget the cold formality of that letter.

The letter began with 'Dear Claimant', and stated that her son Randy, 24, who was fatally wounded in April 2006 was not an innocent victim. The New York State agency that helps victims of violent crimes and their families refused, without explanation, to pay for his funeral.

Randy was engaged to marry and was studying to become a probation officer for juveniles when his life was ended during a trip to Brooklyn with some friends. His mother was angry and confused by the letter. She wondered what authorities saw -- or failed to see -- about Randy.

It felt racial. Long said that it felt as if they had seen a young African American who was killed and assumed that he did something wrong. But believe me when i say, it's not my son.

Debra Long was a victim of a corner in the criminal justice system, which is perceived to be unfair.

Each state offers a compensation program for victims to cover medical expenses, funerals, lost wages and other expenses. This aid amounts to hundreds of millions each year. An Associated Press investigation found that Black victims, and their families, are disproportionately denied financial compensation in many states. This is often due to subjective reasons experts believe are rooted in racial prejudice.

The AP's largest ever collection of racial data found that black applicants were denied twice as often as white applicants in 19 of the 23 states that provided detailed racial information. In some states like Indiana, Georgia, and South Dakota, black applicants were twice as likely to be rejected as white applicants. Denials from 2018 to 2021 resulted in thousands of Black families missing out on aid each year.

Experts, including those who run some of these programs, point out a few factors that are common:

Often, state employees who review applications base their decisions on the information contained in police reports or follow-up questions that ask officers for their opinions about victims' behaviour. Both of these sources may be biased.

These same employees could be influenced when they review events that resulted in injuries or death of victims. Unknowingly, an examination of the facts can lead to a judgment of the perceived guilt of victims.

Many state guidelines were created decades ago with biases to benefit victims who would be the best witnesses. They disadvantaging people with criminal records, unpaid fines, or addictions among others.

Compensation programs are beginning to examine how their policies impact people of color as the criminal justice system, from the police to the courts, grapples with institutional racism following the killing of George Floyd by the police.

Elizabeth Ruebman is an expert in a national network for victims compensation advocates. She was also a former advisor to New Jersey's Attorney General on the state program.

Ruebman explained that implicit biases tend to make Black and Brown applicants more scrutinized.

In states like New York and Nebraska that AP examined, denial rates between black and white applicants were not too different. The data also revealed that there was apparent bias in another way: while white families were likely to have their applications denied due to administrative reasons such as not meeting deadlines and seeking assistance for crimes which are not covered, Black families had a higher likelihood of being denied subjective reasons such as having said or done anything to provoke violent crime.

Officials in Delaware acknowledged that despite the best intentions, systemic bias is not a match for the best intentions. Between 2018 and 2021, Black applicants made up less than half the compensation requests, but were responsible for more than 63% denials.

Mat Marshall, an attorney general's spokesman in Delaware wrote that 'State Compensation Programs are downstream resources of a criminal justice systems whose origins are inextricably linked to the history racial injustice in our country'. Even a race-neutral programmatic policy may not achieve neutral outcomes in the shadows cast by race and criminal justice.

Financial impact can be severe when a crime is involved. The cost of crime scene cleanup and medical care, for example, can be thousands of dollars. This may lead people to borrow money, use their savings, or depend on family.

Debra Long, after Randy's death, paid for Randy's funeral using money she had set aside for the down payment of her first home. She still rents a Poughkeepsie apartment 17 years after she moved there.

Every year, compensation is denied to thousands of people for reasons that have nothing to do the crime. The victims are denied compensation because of their behavior either before or after the crime.

If police or officials claim that applicants have not cooperated with an investigation, they can deny the application. This can harm those who are afraid of retribution if they speak to the police or don't know what information. The case of a Chicago woman shot in the back, who could not identify the shooter as she had never seen him, was dismissed because she refused to cooperate.

Compensation can be denied on the basis of circumstantial evidence, or suspicions. This is unlike criminal investigations where proof must be proven.

Many states refuse compensation because of a loosely defined category -- called "contributory misconduct" -- which includes everything from insulting someone during a fight, to having drugs on your body. Sometimes people were denied compensation because drugs were found on the ground.

According to the AP data, Black applicants are almost three times more likely than other applicants to be rejected for behavioral reasons. This includes contributory misconduct.

Chantay love, executive director of Every Murder is Real Healing Center, Philadelphia, said that a lot of times, it is perception.

Love cites recent examples. A man was killed trying to break up an argument while on parole. He was denied compensation by the state because, according to them, he should not have been involved in the incident. Another was stabbed and the state claimed that he was responsible because he had checked himself out from a mental health treatment facility against the doctor's recommendation a few hours before.

Long read the police report of her son’s shooting. She called the detectives to ask if anyone had told anything to Office of Victim Services that could have implicated her child in a crime. The report contained nothing. Detectives also said that they had not submitted any other information.

Long reminded the detectives and state officials who were reviewing her claim at every opportunity that Randy never had any problems with the police. She wanted them all to know that Randy's toddler son was also feeling the injustice, as he would only be able to remember his father from other people's memories.

Long kept all the information she had about her son's situation in a small box that was near her kitchen. Long, as more than 20 notebooks of conversations with detectives began to pile up, tucked away the state's refusal letter in a folder. This was so that she would not lose it and also because she did not want to have it on her every time she went looking for something.

Love, of the Philadelphia advocacy group, said that 'what plays in their minds is that their loved ones weren't important'. It takes away the power from the homicide and creates some blame for the victim.

In recent years, a number of states and cities have revised their eligibility rules in order to place less emphasis on the victim's behavior prior to or following a crime.

In Pennsylvania, in September, a new law came into effect that prohibits applicants from being denied financial assistance for funerals or counseling because of the behavior of homicide victims. A new Illinois program director has trained employees to be aware of unconscious bias that can affect their decisions. In Newark, New Jersey the police changed their language in reports about interactions with victims. This has led to fewer denials of failure to cooperate.

Long, now a victim advocate, was attending a 2021 training when a speaker started praising New York's compensation program. Long tried to remain silent and make it through the training but was unable. She spoke to the group about the letter and her experience.

A victim services employee approached Long later and encouraged her to reapply. She said that the agency was better now, thanks to training and other improvements, and this would be beneficial in her case. After 15 years, Long received a state check of $6,000, the same amount she would have gotten in 2006. She used some of the money to pay for summer school classes for Randy's son who is currently in college.

Long said, "It's about the way I felt treated. It's not the money amount." It was how I felt treated.

Catalini reported on Trenton, New Jersey. Lauer reported on Philadelphia.