“Ferguson, Missouri, Is Not An Exception”: The Whole Darn Country Has A Habit Of Racially Stratified “Justice”
By now, it should come as news to no one that Ferguson, Missouri, has a lousy excuse for a police department.
The behavior of many of its officers, as seen in news reports during last year’s protests and rioting over the shooting of Michael Brown, was thuggish, unprofessional, and contemptuous of the people they supposedly serve. Still, it’s welcome news that a new Justice Department report quantifies the department’s failings, vindicating the mostly African-American populace that has complained about them for years.
It lacerates Ferguson for “a pattern or practice of unlawful conduct … that violates the First, Fourth and Fourteenth Amendments … and federal statutory law.” Ferguson police, according to the report, treat the mostly black and largely poor inhabitants of the St. Louis suburb as a municipal money machine. “City and police leadership,” says the report, “pressure officers to write citations independent of any public safety need, and rely on citation productivity to fund the City budget.”
We also learn that Ferguson police are in the habit of harassing and arresting people without any legal basis. One man, for example, was sitting in his car when an officer approached and, without a shred of reason, called him a pedophile and demanded to search the vehicle. When the man declined, citing his Fourth Amendment rights, the officer is said to have pointed a gun to his head and arrested him. He ended up charged with eight counts, including “making a false declaration.”
It seems that when asked for his first name, he gave a shortened version: “Mike” instead of “Michael.” The man lost his job because of that arrest.
That race is at the root of this mistreatment is attested to by statistics. For instance, the report tells us black drivers in Ferguson are more than twice as likely as white ones to be searched during traffic stops even though white drivers are significantly more likely to be found with contraband. It’s also attested to in emails sent by city officials, such as a “joke” about an African-American woman who has an abortion and is later sent a reward check from Crimestoppers.
That the Justice Department released this report at the same time it exonerated Officer Darren Wilson in the Brown shooting seems designed to make a point: That particular Ferguson police officer may not be guilty, but the Ferguson Police Department most certainly is.
Even that condemnation, though, is ultimately too small. To process this report as just an indictment of one small town is to provide an escape hatch for the many people disinclined, through their own lack of moral courage and intellectual honesty, to admit that the whole darn country has a habit of racially stratified “justice.” We miss the point if we treat Ferguson as some bizarre exception.
So let’s close the escape hatch. Ferguson’s statistics are not shocking. To the contrary, they are replicated nationally. And the Kafkaesque experience of “Michael” reflects everyday reality: Last January, a black man named Chris Lollie was arrested in St. Paul, MN for sitting on a public bench in a skyway between buildings, waiting for his children to get out of school. In September, a black man named Levar Jones was wounded by a state trooper in Columbia, SC, who shot him while he was obeying the trooper’s orders. Last Thanksgiving, a black man named Brandon McKean was stopped in Pontiac, MI, for walking with his hands in his pockets in 32-degree weather.
And so on. Black men and women being manhandled, mistreated and misjudged by the “justice” system is the opposite of uncommon. To whatever degree we pretend the biggest issue here is the sins of one small town, we sanction that ongoing injustice and postpone a reckoning long overdue.
Ferguson is not an exception. It’s an example.
By: Leonard Pitts, Jr., Columnist for The Miami Herald; The National Memo, March 9, 2015
“Balancing The Budget”: How Ferguson, Missouri, Uses Cops And The Courts To Prey On Its Residents
More than seven years ago, a black woman parked her car illegally in Ferguson, Missouri. She received two tickets and a $151 fine. The woman, sometimes homeless, struggled to pay it off, and over the next several years she was slapped with seven “Failure to Appear” citations for missing payments and court dates. Each of those citations added to the debt she owed the city and resulted in an arrest warrant. By 2014, she’d been arrested twice, spent nearly a week in jail, and had paid the city $550. As of December, she still owed $541.
“Inexplicable,” is how Attorney General Eric Holder summed up her story at a press conference on Wednesday, at which he unveiled the Department of Justice’s long-anticipated report on the Ferguson police department and municipal court. The report affirms what residents have long said: that officers routinely profile citizens based on their race and violate their constitutional rights. Critically, the report addresses the roots of the police force’s discriminatory practices. Not simply the fault of racist cops, the DoJ asserts, they stem from the way the city preys on residents financially, relying on the fines that accompany even minor offenses to balance its budget.
The report traces the pattern of racial bias from traffic stops to arrests to the courtroom and, finally, to a cycle of incarceration and indebtedness. Black residents make up about 67 percent of the Ferguson population. According to the DoJ, they experienced 85 percent of all traffic stops, 90 percent of citations, 88 percent of incidents in which an officer used force, and 93 percent of all arrests. They received almost all of the citations for petty crimes like jaywalking. Black drivers were twice as likely to have their cars searched as whites, yet significantly less likely to actually have drugs or other contraband. Of the people who spent two or more days in the city jail, 95 percent were black.
Overt, grotesque racism among city officials underlies these statistics. The report includes a handful of e-mails between police and municipal court officials that contain derogatory language, such as a November 2008 message stating that President Obama would not be in office long because “what black man holds a steady job for four years.” Another, from 2011, contained a photo of a group of women dancing topless and “apparently in Africa” with the caption, “Michelle Obama’s High School Reunion.”
But a subtler, systemic pressure also encourages over-policing in Ferguson: the way that the city relies on the fines levied on violators to fund itself. “Officers appear to see some residents, especially those who live in Ferguson’s predominantly African-American neighborhoods, less as constituents to be protected than as potential offenders and sources of revenue,” states the report. This year the city expects to raise $3.09 million of projected $13.26 million in revenue from fines and fees, which it levies wherever possible. An unmowed lawn, for instance, costs Ferguson residents between $77 and $102, though in some other cities it’s a $5 offense.
Not surprisingly, DoJ found that the city “exhorts” police to maximize revenue via stops, citations, and arrests, and in some cases punishes them for failing to meet targets. In 2010, for example, Ferguson’s finance director wrote to the police chief that “unless ticket writing ramps up significantly before the end of the year, it will be hard to significantly raise collections next year…. it’s not an insignificant issue.” Each unpaid fine generates other fees and often arrest warrants; in effect, it is poverty that’s punished.
Hunger for revenue influences how officers act, resulting in excessive uses of force—with Tasers and dogs—,violations of free speech and unreasonable stops or arrests, according to the DoJ. It has also made the police a “collection agency” for the municipal court, and in turn transformed the courtroom into a shakedown site, where the due process and equal protection clauses of the Fourteenth Amendment are abandoned, particularly in cases involving black residents. The court “primarily” uses its authority to “advance the City’s financial interest,” not to advance justice, the DoJ found. The police, meanwhile, use arrest warrants not to protect public safety but as the primary means of collecting outstanding fines.
None of this is particularly surprising to people who’ve come into contact with the criminal-justice system in the St. Louis region. “Municipal courts in this area have always been revenue producers,” said Brendan Roediger, who directs a legal clinic at the St. Louis University School of Law. “It means that bad policing pays off.” Most of the roughly ninety municipalities in St. Louis County have their own courts, which operate part-time and, Roediger says, function much like Ferguson’s: for the purpose of balancing budgets. The town of St Ann, just a few miles east of Ferguson, lost its shopping mall in 2010, and the associated tax dollars. Since then revenue from citations has shot up, from $500,000 to $3.5 million from traffic tickets and fines alone, according to one estimate.
According to Radley Balko of The Washington Post, some towns in St. Louis County collect 40 percent or more of their revenue from fines levied by their municipal courts for petty violations. The town of Bel-Ridge (population 2,700, and more than 80 percent black), for example, was projected to collect an average of $450 per household in municipal court fines in 2014, making those fees its largest source of revenue. That money gets pumped right back into the system; $25,000 goes to the prosecuting attorney for the twelve hours they spend in court each month.
“One of the big fears I have about the DoJ’s report is that it’s going to isolate Ferguson, just because that’s what their purview was, but it’s going to ignore the fact that this is going on in ninety other towns in our region, and in many states in America,” said Thomas Harvey, executive director of the legal aid group Arch City Defenders. “This cycle of being stopped, ticketed, fined and jailed is so pervasive for black people in our region that many folks can’t tell you how many times they’ve been jailed on unpaid fines.” He continued, “I’m not exaggerating when I say that people are literally held in these jails and extorted for monetary payments on a daily basis until they’ve tapped out their friends, their families, everything they’ve got in order to get out.”
Harvey and Roediger think the municipal courts should be dissolved, and the cases turned over to circuit courts. The long list of recommendations for reforms included in the DoJ’s report do not go that far, although the agency did suggest that city reduce fines, develop alternative payment plans, and stop jailing people for failing to pay fines, among other things.
“Nothing is off the table,” Holder warned Ferguson officials during the press conference, noting that although the recommendations are voluntary, his department reserves the right to intervene to protect the constitutional rights of Ferguson’s residents. He nodded to the wider geography of the issue, saying that the DoJ would also work with “surrounding municipalities” to reform their law enforcement practices. It’s “the underlying culture” of the police department and the court system that need to change, he said. As the DoJ’s report shows, the underlying economics need changing, too.
By: Zoe Carpenter, The Nation, March 4, 2015
“Structural Racism”: ‘Everyone’s A Little Bit Racist’ Doesn’t Excuse Ongoing Police Violence
On Thursday, FBI director James Comey gave a long and searching speech called “Hard Truths: Law Enforcement and Race” – complete with deep meditations on race, predictable but annoying equivocations, and harmful misdirection about the violence of policing.
It also included – in an unquestionable first for an FBI director giving a public speech – quotes from the oversexed, cursing puppets of the Broadway musical Avenue Q. (Who knows if FBI brass have quoted them in private before; if only J Edgar Hoover could have lived to see this!)
Comey frankly acknowledged his predecessor Hoover’s immoral pursuits of Martin Luther King and that at “many points in American history, law enforcement enforced the status quo, a status quo that was often brutally unfair to disfavored groups.” He invoked his own ancestry to show how the Irish were once so loathed by the cops that vehicles used to mass transport prisoners are still called “paddy wagons” without forgetting that, although the “Irish had tough times – little compares to the experience on our soil of black Americans.”
And while it was encouraging to hear Comey say that Americans need some actual goddamned government statistics on how often cops kill people rather than relying upon sites like KilledByPolice.net, it didn’t exactly fill me with confidence that he was so convinced only after he “listened to a thoughtful big city police chief express his frustration with that lack of reliable data” who “didn’t know whether the Ferguson police shot one person a week, one a year, or one a century.”
Does it matter? Isn’t one lost life one too many?
In his prepared remarks, Comey never used the word “racism”. He did use the word “racist” three times – but twice it was to say cops really aren’t racist, and once to quote the song “Everyone’s A Little Bit Racist” from Avenue Q.
Though I was as gleeful as the next homosexual to see a raunchy Broadway musical quoted by the head of the FBI, Comey was actually equivocating on racism’s power to harm by using it: “We all – white and black – carry various biases around with us”, he said. And while that may be true, no level of civilian bias against police, not even cars blaring NWA’s Fuck the Police (as I heard often while in Ferguson myself) justifies the police violence against which protesters are fighting. The structural racism people of color experience isn’t harming police – unless they’re people of color, off duty, and subjected to stop and frisk by their fellow officers.
He did address the cynicism and “mental shortcuts” which exacerbate racial profiling. But then he alleged it doesn’t mean an officer is racist when “mental shortcut becomes almost irresistible and maybe even rational by some lights”, nor did he even name systematic racism as at work there.
Comey also talked about how “data shows that the percentage of young men not working or not enrolled in school is nearly twice as high for blacks as it is for whites”, adding that he understands “the hard work to develop violence-resistant and drug-resistant kids, especially in communities of color.” But kids in communities of color don’t need to “Just Say No” – they need, and we need, to demand an end to economic segregation and a lack of educational opportunity.
The FBI director hinted at the existence of racism when he talked of changing a legacy “so enormous and so complicated that it is, unfortunately, easier to talk only about the cops”. He is right that it’s not fair to pin everything on police; but, it’s unhelpful misdirection to point at (unarmed) citizens failing to “really see the men and women of law enforcement” (who are always armed) as the problem with policing.
It’s also unhelpful to act like being a cop is more dangerous than it actually is. Existing data has shown that it’s not a particularly dangerous job; it’s not even among the 10 most dangerous jobs in America. Far more people are killed by cops in any given year than cops are killed by civilians – and, cops who do die “in the line of duty” are about as likely to do so in a vehicle related injury than by being shot.
Still, no amount of pandering to the homosexual agenda with Avenue Q quotes can soften the blow of hearing the nation’s top cop ignoring the very basis of our legal system by claiming – right after a year with a record number of legal exonerations – that “criminal suspects routinely lie about their guilt, and the people we charge are overwhelmingly guilty.” Actually, criminal suspects are innocent until proven guilty in a court of law; exonerations indicate that even those decisions aren’t permanent.
This week, there have been a number of positive developments in the fight against police violence; Comey’s speech is among them, to be sure, along with the lawsuit against Ferguson debtors’ prisons and the MacArthur Foundation ponying up $75mn to fight overincarceration. But Comey’s speech isn’t the big sign of progress; the real progress is that, six months after Mike Brown was killed, the movement that his death triggered is still so powerful that the head of the FBI finally feels the need to address the injustice that so many Americans now find apparent.
By: Steven W. Thrasher, The Guardian, February 13, 2014
“Ending Police Brutality Isn’t Up To The Communities”: Want To Stop Police Brutality? Start Disciplining Officers
As they strive to solve the public crisis of police use-of-force incidents, illuminated again by the deaths of several black victims last year, officials from the White House on down have coalesced around “community policing.” When it comes to influencing the national conversation on a local issue like this, it doesn’t get more official than the U.S. Conference of Mayors, or USCM. The non-partisan organization is comprised of more than one thousand mayors representing the nation’s largest cities. Its mission is to shape national urban policy and the positions adopted at their annual meeting are distributed to the President of the United States and to Congress.
On January 30, the USCM released a report on strengthening “police-community” relations in American cities. The six-page report came full of recommendations for everything from “youth study circles” to new equipment. The report was completed with the help of a working group of police chiefs, including Philadelphia Commissioner Charles Ramsey, the man appointed by President Obama to chair his Task Force on 21st Century Policing in response to rising unrest around around the issue of police brutality.
Absent from their suggestions, however, was a single mention of officer discipline.
A full page is dedicated to the imprecise goal of “Addressing Racial and Economic Disparities and Community Frustration with and Distrust of Governmental Institutions.” The use of “distrust,” however, is disingenuous. While black citizens do report having less confidence than white ones in police, the overwhelming majority—more than three-quarters—report having some to a “great deal of confidence” in police. Trust isn’t the issue here.
What the #BlackLivesMatter protests made clear is that communities of color are increasingly fed up with the over-policing of our neighborhoods, extrajudicial killings of unarmed black people and the failures of the justice system to hold killer cops accountable. To ignore those complaints and suggest that the issue is merely one of distrust is dishonest, and it evades the very obvious fact that police brutality is a national problem that persists, in part, because cops can get away with it.
I’ve commented before on “community policing,” but it’s worth noting again how troubling that term is. “Community policing” reframes the conversation around police reform from one that addresses police brutality to one that addresses the relationship between law enforcement and communities of color, as though they’re mutually combative. The relationship between the two isn’t the issue. It’s the manner in which law enforcement relates to communities of color that’s proven deadly, time and time again.
Comedian Chris Rock provided an apt analogy for this during his recent New York Magazine interview.
“If you saw Tina Turner and Ike having a lovely breakfast over there, would you say their relationship’s improved? Some people would. But a smart person would go, ‘Oh, he stopped punching her in the face.’ It’s not up to her. Ike and Tina Turner’s relationship has nothing to do with Tina Turner.”
Similarly, ending police brutality isn’t up to the communities that are brutalized. It’s up to the cops.
Now, the USCM report is not all bad. Its call for independent investigations of deadly police encounters is a substantive step. It makes helpful nods toward improving hiring and training practices. However, the report’s failure to get serious about police reform and combating police abuses and to instead focus on “relationships,” while politically convenient, doesn’t begin to solve the problem. The report fails, for instance, to address the systematic failure of police departments nationally to discipline officers who are found to have inappropriately engaged citizens and used excessive force.
Take the New York Police Department, for example, the nation’s largest. It is often at the forefront of innovation in the field. But, when it comes to disciplining officers for misconduct, the NYPD fails miserably. Just last year, the department decided not to discipline 25 percent of the officers who its Civilian Complaint Review Board found guilty of committing misconduct. A WNYC report also found that the NYPD fails to drive out cops who present red flags for abuse.
Within policing, too-frequent charges of “resisting arrest” by cops is a red flag for excessive force. The logic is that an abusive officer will be more likely to cover up excessive force with the excuse that a suspect resisted arrest. But WNYC found that just five percent of officers who’ve made arrests since 2009 accounted for 40 percent of the charges of resisting arrest. They even discovered one active officer to have made more than 50 charges. Does the community just need a better “relationship” with this cop who curiously finds himself in these sorts of situations time and time again?
Coincidentally, just last week, NYPD Commissioner Bill Bratton asked New York lawmakers to raise resisting arrest from a misdemeanor to a felony. That is an alarming claim, given how and why Eric Garner was choked to death on Staten Island by a police officer in July. Like the subsequent deaths of John Crawford III in an Ohio Wal-Mart, Tamir Rice near a Cleveland community center, each incident was avoidable and not one of their killers has been brought to justice. Another one that qualifies is the November shooting death of Akai Gurley in a Brooklyn housing project stairwell; we learned Tuesday that the officer involved was indicted Tuesday on several counts, including second-degree manslaughter.
There’s a suite of reforms, from recruiting to data collection, that need to be made throughout the nation’s police departments, and strengthening discipline measures must be central to any proposal that seeks justice for victims of police brutality and to prevent future tragedies.
First, police departments must do a better job of actively ferreting out bad cops. Using early warning systems that trigger an intervention process when an officer has an excessive number of use of force complaints against him, or has filed a certain number of resisting arrest charges, is a start. Departments also need central databases that collect information on police conduct from various sources, so that an officer’s complete record can be compiled and viewed. Police departments must also make it a priority to maintain their integrity by investigating citizen complaints swiftly, impartially and with transparency. Independent, civilian-led complaint review boards are essential in doing that work.
Finally, the decisions of civilian review boards should not just serve as recommendations for discipline, but should be a determining factor in it. That is, in effect, the only way to hold police officers directly accountable to the communities they serve.
“Community policing” sounds good. As proposed, it will probably be more politically expedient than substantive change in policy, but we cannot fix our deadly system of policing without addressing officer discipline. There must be measures in place to make cops think twice about pulling the trigger. It’s a matter of accountability, but also of life and death.
By: Donovan X. Ramsey, The New Republic, Fbruary 12, 2015
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