“When Youthful Mistakes Turn Deadly”: The Shameful Disparities In The Application Of Justice
To be young, male and black in America means not being allowed to make mistakes. Forgetting this, as we’ve seen so many times, can be fatal.
The case of Michael Brown, who was laid to rest Monday, is anomalous only in that it is so extreme: an unarmed black teenager riddled with bullets by a white police officer in a community plagued by racial tension.
African Americans make up 67 percent of the population of Ferguson, Mo., but there are just three black officers on the 53-member police force — which responded to peaceful demonstrations by rolling out military-surplus armored vehicles and firing tear gas. It is easy to understand how Brown and his peers might see the police not as public servants but as troops in an army of occupation.
And yes, Brown made mistakes. He was walking in the middle of the street rather than on the sidewalk, according to witnesses, and he was carrying a box of cigars that he apparently took from a convenience store. Neither is a capital offense.
When Officer Darren Wilson stopped him, did Brown respond with puffed-up attitude? For a young black man, that is a transgression punishable by death.
Fatal encounters such as the one between Brown and Wilson understandably draw the nation’s attention. But such tragedies are just the visible manifestation of a much larger reality. Most, if not all, young men go through a period between adolescence and adulthood when they are likely to engage in risky behavior of various kinds without fully grasping the consequences of their actions. If they are white — well, boys will be boys. But if they are black, they are treated as men and assumed to have malicious intent.
What else explains the shameful disparities in the application of justice? As I have pointed out before, blacks and whites are equally likely to smoke marijuana; if anything, blacks are slightly less likely to toke up. Yet African Americans — and Hispanics — are about four times more likely to be arrested on marijuana charges than whites.
To compound this inequality, studies also indicate that, among people who are arrested for using or selling marijuana, black defendants are much more likely than white defendants to serve prison time. For young white men, smoking a joint is no big deal. For young black men, it can ruin your life.
Similarly, blacks and whites are equally likely to use cocaine. But a person convicted of selling crack cocaine will serve a far longer prison term than one convicted of selling the same quantity of powder cocaine, even though these are just two forms of the same drug. Crack is the way cocaine is usually sold in the inner cities, while powder is more popular in the suburbs — which is one big reason there are so many African American and Hispanic men filling our prisons.
One arrest — even for a minor offense — can be enough to send a promising young life reeling in the wrong direction. Police officers understand this and exercise discretion. But evidence suggests they are much more willing to give young white men a break than young black or brown men.
Why would this be? In Ferguson, I would argue, one obvious factor is the near-total lack of diversity among police officers. What year is this, anyway?
But there is disparate treatment even in communities where the racial makeup of the police force more closely resembles that of the population. I believe the central problem is that a young black man who encounters a police officer is assumed to have done something wrong and to be capable of violence. These assumptions make the officer more prepared than he otherwise might be to use force — even deadly force.
The real tragedy is that racist assumptions are self-perpetuating and self-reinforcing. If young black men are treated unfairly by the justice system, they are indeed more likely to have arrest records — and, perhaps, to harbor resentment against police authority. They may indeed feel they have nothing to lose by exhibiting defiance. In some circumstances — and these may include the streets of Ferguson — they may feel that standing up to the police is a matter of self-respect.
Michael Brown had no police record. By all accounts, he had no history of violence. He had finished high school and was going to continue his education. All of this was hidden, apparently, by the color of his skin.
By: Eugene Robinson, Opinion Writer, The Washington Post, August 25, 2014
“Damning And Far More Serious”: Wisconsin’s Walker Confronted With Damaging New Details
For all the current and former Republican governors facing serious scandals – Rick Perry, Bob McDonnell, Chris Christie, et al – let’s not forget about Gov. Scott Walker. The Wisconsin chief executive is in the middle of a tough re-election fight – which he’ll have to win to move forward with his presidential plans – and a lingering controversy is making his task more difficult.
To briefly recap, Wisconsin election laws prohibit officials from coordinating campaign activities with outside political groups. When Walker faced a recall campaign, however, he and his team may have directly overseen how outside groups – including some allegedly non-partisan non-profits – spent their campaign resources.
Late Friday night, the allegations surrounding the governor’s office appear to have grown far more serious. Consider this report from Madison’s Wisconsin State Journal.
Gov. Scott Walker personally solicited millions of dollars in contributions for a conservative group during the 2011 and 2012 recalls, which prosecutors cited as evidence the governor and his campaign violated state campaign finance laws, records made public on Friday show.
Among the groups that donated money to Wisconsin Club for Growth during that time was Gogebic Taconite, which contributed $700,000, according to the records. The company later won approval from the Legislature and Walker to streamline regulations for a massive iron ore mine in northern Wisconsin.
In an April court filing unsealed briefly on Friday, a lawyer wrote, “Because Wisconsin Club for Growth’s fundraising and expenditures were being coordinated with Scott Walker’s agents at the time of Gogebic’s donation, there is certainly an appearance of corruption in light of the resulting legislation from which it benefited.”
I think it’s safe to say these revelations do not cast Walker and his team in a positive light. On the contrary, Friday’s night’s evidence appears quite damning.
As additional reporting from the weekend makes clear, Team Walker, with the governor’s direct involvement, is accused of raising money for Wisconsin Club for Growth, which in turn ran ads to support the governor and helped disperse campaign funds to conservative allies.
In one especially damaging detail, Walker was dispatched to Las Vegas with talking points on the importance of unregulated contributions for the supposedly independent nonprofit group.
“Stress that donations to [Wisconsin Club for Growth] are not disclosed and can accept corporate donations without limits,” an aide told Walker via email. “Let [potential donors] know that you can accept corporate contributions and it is not reported.”
Wisconsin Club for Growth allegedly funneled these unregulated contributions to allies, all to help Walker prevail in his recall election. Indeed, the reports suggest the governor insisted on Wisconsin Club for Growth maintaining a leadership role in order to “ensure correct messaging.” A fundraising consultant for Walker to one of the governor’s campaign consultants, “We had some past problems with multiple groups doing work on ‘behalf’ of Gov. Walker and it caused some issues.”
The coordination aspect is clearly problematic under campaign-finance laws, but the scandal may also include a possible quid-pro-quo angle.
Other Wisconsin Club for Growth donors included Gogebic Taconite LLC, which has proposed opening a 4 1/2-mile long iron mine in northern Wisconsin. The company gave $700,000 to Club for Growth in 2011 and 2012. Walker signed legislation last year streamlining state mining requirements and paving the way for the project. The documents don’t show whether Walker directly solicited donations from that company. A spokesman for the company did not return a message seeking comment.
There are 71 days until Election Day in Wisconsin. These are probably not the kind of headlines the Republican governor was hoping for as the campaign cycle approaches Labor Day.
Postscript: If you’re new to Walker’s scandal or need a refresher, this Q&A is helpful (thanks to my colleague Nazanin Rafsanjani for the heads-up).
By: Steve Benen, The Maddow Blog, August 25, 2014
“Arms Race On The Streets”: It’s Clear, Something Has Gone Terribly Wrong
To read a lot of the post-Ferguson discussion about the “militarization of the police,” you’d think the whole phenomenon was the product of the Pentagon or the Department of Homeland Security. But as Peter Mancuso argues convincingly at Ten Miles Square today, there’s another angle that libertarian folk like Rand Paul do not want to pursue: cops bulking up with military hardware as part of an arms race created by Second Amendment absolutism:
[The] larger story begins many years before our wars in Iraq and Afghanistan. It involves a tit-for-tat escalation of armaments between criminals, citizens, and police departments that has been egged on by America’s arms manufacturers and gun rights groups. That escalation has led to a breakdown of essential republican understandings among ordinary citizens and government officials alike, and it will continue even if Washington manages to turn off the spigot of surplus weaponry from the Pentagon. As a former Marine combatant, weapons instructor, and career law enforcement official, I am hardly gun-shy, but it’s clear to me that something has gone terribly wrong.
By the early 1980s, there was a growing perception among law enforcement officers and portions of the public that America’s police were being out-gunned in encounters with criminals…. [R]outine arrests for illegal gun possessions were increasingly turning up weapons more powerful than those carried by the officers making those arrests. As law enforcement officers, their families, and police unions began naturally voicing their concerns, the call became louder to increase police officers’ “firepower” (a military term). It was argued strenuously then that this would require replacing the highly reliable revolver, which had been carried by most departments for over a half-century, with a rapid fire, more powerful, semi-automatic side arm.
Of course, this call to increase police officer fire power was further exacerbated by the fact that state legislatures failed miserably in the face of the gun lobby to curb the sale of some of the most powerful and lethal firearms that posed threats to police officers across the country in the first place. As this dichotomy, of the availability of more powerful weapons in the face of police officer safety took hold weapons manufacturers finally broke through and hit real pay dirt. The true irony in all of this is that the huge fortunes realized by their marketing more powerful weapons to American law enforcement, was actually the result of them having already made a fortune selling these more powerful weapons, easily acquired by criminals, to the public to begin with.
It’s actually a bit worse than Mancuso suggests. The arms race between police departments and lawbreakers created an atmosphere of spectacularly lethal violence (even as violent crime rates actually went down) that made it easy for the gun lobby and its paymasters to argue that every single citizen needed to become his or her own police force, as heavily armed as the cops and robbers. “Army of One” indeed.
So we aren’t just witnessing the consequences of the “militarization of the police.” It’s the militarization of America, which happens when you deliberately destroy the state monopoly on means of lethal violence. But again, the Second Amendment fanatics of libertarianism, for whom the only violence worth deploring is state violence, just won’t go there.
By: Ed Kilgore, Contributing Editor, Washington Monthly Political Animal, August 25, 2014
“Overturning Elections Has Consequences”: Perry v. Lehmberg And The Veto That Illuminated An Unsettling Trend
A truism: Almost nobody looks good in his booking photo.
That said, the 47th governor of Texas, one James Richard Perry, certainly gave it his best shot when he faced the camera at the Travis County Courthouse last week. The resultant image is … not terrible. Perry is caught somewhere between a tight smile and an outright grimace, his mien taut with confidence and seriousness of purpose.
Gazing on that photo, one cannot help but suspect that a transparently political indictment designed by his Democratic opponents to cripple this presumed presidential aspirant might actually help him instead. One is not usually disposed to think of Texas’ swaggering governor as a victim, but darn if this indictment hasn’t turned the trick.
Of course, if Democrats in Texas have done the Republican governor an inadvertent favor, they sure haven’t done the country one. What is this thing lately of political parties using the courts as weapons of political destruction, trying to win judicially what they could not win at the ballot box?
A few words of definition before we proceed. The reference here is not simply to lawsuits and prosecutions with political import. Obviously there has been no shortage of those. But the sins and alleged sins of Rod Blagojevich, William Jefferson, Larry Craig, Bob McDonnell, Tom DeLay and others — money-laundering, corruption, disorderly conduct — are at least recognizable as crimes.
By contrast, Republican Speaker of the House John Boehner is suing President Obama for issuing an executive order. Faced with mulish obstructionism from the GOP, Obama chose that route to make a technical change in a law — the Affordable Care Act — Boehner’s party hates. Now here’s Perry, indicted on felony abuse of power charges that could theoretically send him to prison for over a century. His crime? He issued a veto.
Here is the backstory: The district attorney of Travis County, Democrat Rosemary Lehmberg, was arrested last year for drunk driving. Video captured her being belligerent toward police. Perry called on Lehmberg, who oversees the state public integrity unit, to resign, perhaps so that he might appoint a friendly Republican successor to head an agency that has been a thorn in his backside. Lehmberg refused, so Perry vetoed $7.5 million in state funding for the integrity unit.
Neither principal in this sordid episode emerges covered with glory. Lehmberg’s behavior suggests the opposite of public integrity; she should have resigned. And Perry’s veto smacks of scorched earth, bully-boy politics, which is not pretty. It is also not a crime.
Things were not always thus. Once upon a time, the losing party felt itself bound to accept the will of the electorate with some modicum of grace. You weren’t happy about it, but you embraced the role of loyal opposition and bided your time until the next election in hopes your fortunes might change.
But that’s so 20th century.
For six years, the GOP has been trying to undo the election of 2008; Boehner’s lawsuit is only the latest of their many loopy schemes. Now, if Travis County is any bellwether, at least some Democrats are doing the selfsame thing.
It is behavior that should give all fair-minded Americans pause, regardless of party affiliation, for it illustrates with stark clarity the sheer brokenness of our political system. Flooded with corporate money, gerrymandered beyond any semblance of reason, it limps along prodded by those whose devotion to the “game” far outweighs any devotion they might have to that quaint relic we once called the public good. Now there is this misuse of the courts for political payback, this attempt to criminalize ordinary political activity.
The public should take note. Elections have consequences, folks used to say.
Overturning them does, too.
By: Leonard Pitts, Jr., Columnist, The Miami Herald; The National Memo, August 25, 2014
“Compassionate Paleolibertarianism”: Rand Paul Offers Free Eye Exam With Deportation
Not long ago, Rand Paul appeared at a fund-raiser for full-time immigration hawk and occasional racist Steve King, where he found himself uncomfortably close to a young Mexican immigrant, causing him to panic and flee. Now Paul tells Breitbart News he supports the House bill that would end President Obama’s policy of granting relief from deportation to undocumented immigrants who were brought here as children.
As Sam Stein points out, Paul has been telling Republicans they need to reach out to nonwhite voters and show them they care. In an odd bit of timing, Paul’s endorsement of draconian immigration policy coincides with his trip to Guatemala to perform free eye surgery. It was just Rand Paul and some Guatemalans who need medical care. Plus a wee entourage consisting of “three television cameras, three photographers, six reporters, a political aide, two press secretaries, [and] conservative activist David Bossie.” Basically, your standard medical crew, in other words. You could risk getting medical treatment without the director of such films as Battle for America (starring Dick Morris) standing by, but why risk it?
One might detect a dissonance between Paul’s warm-and-fuzzy medical mission and his hard-line stance toward Dreamers. But it actually fits together quite sensibly. The 2016 hopeful opposes universal health insurance, and he wants to deport half a million people who grew up in America. But Rand Paul will personally provide every deported immigrant with a free eye exam. Call it compassionate paleolibertarianism.
By: Jonathan Chait, Daily Intelligencer, New York Magazine, August 22, 2014
Share This Blog
Unknown Feed- An error has occurred; the feed is probably down. Try again later.
