Category: police

6 Troy Davis: Justice is blind, deaf and really really dumb

September 22, 2011
by Crommunist
· blog · crime · law · news · police · racism

In light of this morning’s post, I’d like to say a few words (not too many, I promise) about the execution of Troy Davis. For those of you unfamiliar with the case, Mr. Davis was convicted of killing a police officer in 1989 in Savannah, Georgia. The case against Mr. Davis was built on the eyewitness testimony of people who claimed to be there to see the shooting. In the intervening 12 years, 9 of those witnesses have recanted their statements, with some alleging coercion by police. New forensic evidence has been brought forward suggesting that Mr. Davis is not, in fact the shooter. None of that has swayed the appellate courts, who allowed Mr. Davis’ execution to go forward yesterday.

This is a dramatically different situation than the one highlighted this morning, since there are evidently legitimate questions regarding Mr. Davis’ innocence:

A U.S. parole board has denied clemency to Troy Davis, clearing the way for his execution Wednesday in a case that has become an international cause celebre for death penalty opponents. Davis was convicted of shooting dead an off-duty police officer who intervened in a brawl in a parking lot in Savannah, Georgia in 1989, but there was no physical evidence and several witnesses later recanted their testimony.

The thread connecting these two cases, however, is race. Mr. Davis, like Mr. Buck, is a black man. Now, in this case race was not so overtly a factor in the decision to convict or recommend the death penalty. That being said, my point in this morning’s piece is that it doesn’t have to be overt to exert influence. Mr. Davis’ race was a factor in his arrest, in his treatment following his arrest, his prosecution, and his sentencing. While I do not have the resources to demonstrate it, there is often a position of presupposed guilt when a defendant is black, while white defendants enjoy more of the benefit of the doubt.

Greg Laden over at The X Blog illustrates this aptly:

It is especially poignant to see that two young white middle class Americans will be release from an Iranian jail about the same time Troy will take the needle. Not that Shane Bauer and Joshua Fattal should not be release or that they have anything to do with it. It is poignant for another reason. If you were an Iranian government official looking at the Shane Bauer and Joshua Fattal case, the assumption that these to guys are spies would be natural. As a person who has traveled a fair amount in or near bellicose regions, and actually met spies along the way (I even spent a bit of time in prison with a spy in the Eastern Congo) I was never closed to the idea, while in the mean time virtually every American hearing of their fate simply knew that the were innocent of these charges. Young American men hiking on the border of a hostile state could not possibly be spies! Meanwhile, in downtown Savannah Georgia, if the police pick up a young black male for some crime or another, there are a lot of people who will assume he is guilty. Or, worse, not care if he is guilty. It’s the inner city. Young black males are the criminals. A crime was committed. Close enough.

But even with the race question left on its own, there seems to be more than enough reasonable doubt in this case to justify staying execution indefinitely. Troy Davis was convicted without any physical evidence linking him to the crime, and police bullied and intimidated their way into securing a quick conviction. When police wring their hands about how people who live in high-crime areas don’t co-operate with law enforcement, they need to understand that this is why. Police are not there unless they are looking to arrest someone, and are happy (dare I say eager) to run roughshod over the civil and human rights of the people in those communities to make as many charges stick as they can. Never mind justice, never mind professional diligence, and never mind protect and serve.

More bizarrely, the justice system, which is ostensibly supposed to correct for the grotesqueries of police overreaching, seems to be playing right along:

A Georgia appeals panel refused to let Troy Davis take a lie detector test to prove his innocence Wednesday, as the American convicted of killing a policeman nears exhaustion of his legal options hours before his execution. “He requested an opportunity to take a polygraph test yesterday from the Board of Pardons and Paroles, which had previously denied clemency,” Davis’s attorney Brian Kammer told AFP. “Mr Davis’s attorneys had a polygrapher at the prison this morning in the event the request was granted. However, earlier this morning, the Department of Corrections and the Board of Pardons and Paroles flatly denied the request,” Kammer said.

The courts seem to be saying “you’re guilty, Mr. Davis, and we will not let any facts get in the way of that story.” Such is the reality for many people convicted by our courts.

This is why my eyes glaze over and my fists clench whenever people talk about the liberal ‘hug a thug’ mentality (a phrase so mind-numbingly stupid, and a position that obviously had so little thought go into it, that it makes me wonder whether the speaker has difficulty not choking on her own tongue). Justice should be difficult. Justice should be fought for and won only after a campaign of diligence and careful weighing of evidence. The decision to imprison someone, much less execute her, is one that deserves more care and deliberation, not snaps to judgment made for the sake of convenience.

Stories like this make me tired. I’m going to need an otter:

Not enough. Gonna need a double shot:

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1 A study in contrasts

August 30, 2011
by Crommunist
· blog · Canada · civil rights · crime · law · news · police · politics

A few weeks ago I opined on the riots in London, and contrasted the police reaction there to the one here in Vancouver following our own riots. That story is continuing:

Prime Minister David Cameron has defended courts for handing out “tough” sentences for those involved in the riots across England. The barrister told the BBC “ringleaders should receive very long sentences” but warned “there was an issue of proportionality” over the way people already before the courts had been treated. The PM said it was good that the courts were sending a “tough message”. Speaking in Warrington, he said: “It’s up to the courts to make decisions about sentencing, but they’ve decided to send a tough message and it’s very good that the courts feel able to do that.”

Meanwhile, in Vancouver:

Vancouver police Chief Jim Chu is defending the pace of criminal investigations into Vancouver rioters, saying investigators are moving slowly because authorities want to make sure they can secure convictions. “Even though we acknowledge the frustration of those who wish these suspects were already in jail, and we hear and share your frustration, there are many reasons why we must proceed at this pace,” Chu told reporters Wednesday at a news conference. His comments came as critics point to swift sentencing seen in Britain in the wake of a sweeping series of riots in recent weeks.

First of all, it’s important to state unequivocally that the Vancouver riots are not comparable to the London riots. The issues that underlie the widespread reckless smash and grab in the UK are not represented in the 5-hour orgy of violence that happened here following the Stanley Cup final. Looking for a common thread between what sparked the two separate occasions is probably a waste of time. My intention here is to contrast the response by law enforcement in the two situations that, from a surface perspective, appear similar (people rioting).

I was critical of David Cameron’s response to the riots – right-wing chest thumping might be psychologically satisfying, but it is not the kind of evidence-based response we need to see that justice is done and further riots do not happen. While I am still critical of his approach, he is not really the focus of this story. It is now the judicial system that is engaging in a dick-measuring contest to show how “tough” they can be. As I’ve opined before, being “tough” on crime doesn’t do anything but appease the masses thirsty for blood. It’s a short-sighted response that finds its origin in our lizard brains – they hurt us so let’s hurt them back. While understandable, it leads us to react disproportionately and emotionally, when reason and logic are at their most crucial:

BBC legal correspondent Clive Coleman said the sentences being handed out across the country for offences of dishonesty such as theft, burglary and receiving stolen goods, suggested there were disparities between courts. What the public was seeing may just be a “distorted version of the normal system”, our correspondent said. In another case, David Beswick, 31 from Salford was sentenced to 18 months in prison for handling stolen goods. Max Hill QC, vice-chairman of the Criminal Bar Association said it was not the job of judges “to deliver a political message on behalf of the government” when passing sentence but part of their role was to identify “serious aggravating features that elevate the crime beyond the ordinary”.

When the lawyers, intimately involved in the criminal justice system, are criticizing your policy, it might be a rebuke you want to take seriously. I said as much this morning.

In matters of criminal justice, it is far too easy to get swept up in the bloodlust of the crowd. Britain is certainly modeling such a reaction for the whole world to see. Vancouver’s response has been far more measured. They are concerned with making cases based on solid evidence, rather than appealing to cries for swift punishment. Why Jim Chu is choosing this route, and whether he will survive the next election cycle for his job, are open questions. I am happy and proud to live in a society where deliberate care is taken to avoid locking up the wrong people, or letting the right people get away on technicalities due to improper evidence.

Now if only we’d apply that same work ethic to charging the financiers that did far more damage to the economy than all the looters in the world could hope to accomplish. Then we’d really be getting something done.

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0 Fighting fire with gasoline

August 30, 2011
by Crommunist
· blog · crime · forces of stupid · health · law · police · politics

Sometimes the road to hell is paved with the best of intentions. Oftentimes things that seem like good ideas completely fail to improve the situation. In some cases, because we are fallible human creatures with flawed brains, we often devise solutions to problems that actually make those problems worse. Our politicians, in theory, should be less prone to making these types of mistakes than we lowly civilians – after all, they are selected because of their superior leadership and merit, right? It seems to be the cynical case that this is not a reasonable expectation of our leaders:

The country’s foremost legal organization has delivered a grim assessment of the Harper government’s get-tough-on-crime agenda, attacking mandatory minimum sentences and questioning Ottawa’s eagerness to put offenders behind bars. With a series of blunt statements and policy resolutions, the Canadian Bar Association’s annual conference bristled at inaccessible courts, inappropriate jailing of mentally ill offenders and costly measures that threaten to pack prisons.

The Canadian Bar Association likely knows a thing or two about crime. After all, they are far more intimately familiar with the issues than the average Canadian. They see the way that people move through the justice system – both its successes and failures are the stuff of their professional lives. It is therefore a resounding condemnation of the upcoming omnibus crime bill to have such a sharp and public criticism from this sector.

“There are too many people who are mentally ill and should be dealt with in the health system as opposed to the criminal justice system,” [Nove Scotia prosecutor Dan] McRury said. “We need more sentencing options. One size does not fit all. “Being tough on the most vulnerable in our society is not humane,” Mr. McRury added. “Unfortunately, deinstitutionalizing our mental hospitals has meant that we have exchanged prison cells for hospital beds – but without having enough supports in the community.”

Another resolution passed by the 37,000-member organization called for governments to stop toughening laws without regard to the historic plight of aboriginal people and the over-representation of aboriginal offenders in prison.

If I had a magic policy wand and one item to use it on, it would definitely be to find better solutions for mental health care. So many broad social problems – crime, homelessness, health care spending, workplace productivity – all of these have strong links with undiagnosed and undertreated mental health issues. The CBA seems to recognize that fact. And yet, the new bill would have no provisions for providing mental health services to those in need, and would in fact mandate that they be put in jail instead of in hospitals where they could actually get some help. Even though it seems like creating harsher sentencing rules seems like it should result in less crime, the evidence suggests otherwise. Even purposeful rational thought (rather than appeals to ‘common sense’) reveals that factors besides legislation are responsible for crime, and can be manipulated to achieve the desired effect of reduction in crime rates.

Of course, that presumes that our political leaders are interested in either evidence or purposeful rational thought. There may be some hope for the system here in British Columbia:

The traditional risk factors for joining gangs — poverty, family dysfunction, a sense of alienation and lack of social supports — don’t appear to hold true for Vancouver gangs, a gang-prevention researcher says. As anti-gang experts work to head off retaliatory attacks for Sunday’s gang shooting in Kelowna that killed Red Scorpion Jonathan Bacon and wounded Hells Angel Larry Amero and three others, researcher Gira Bhatt is looking at ways to prevent kids from joining gangs in the first place.

Bhatt, a psychology professor at Kwantlen Polytechnic University, says the gang demographics in B.C. are unique. “[For example,] if you look at the Bacon brothers, they come from a good family — a rich family — where the parents are very supportive of their kids,” Bhatt said. “We can’t borrow solutions from Toronto or Los Angeles and apply them here.”

Many people may not be familiar with the significant gang problem facing British Columbia. Because of how lucrative the drug trade is, gangs command a great deal of resources and influence. As Dr. Bhatt notes, there are factors unique to the region that make B.C. gangs different from gangs in other areas of the world. The proposed solutions must reflect this uniqueness:

“Police are asking for more resources, and yes, they need more resources. But if that’s all we do, the need for more and more police will simply grow over time,” Bhatt said.

[MLA, former solicitor-general and former West Vancouver police chief Kash] Heed called for a “comprehensive strategy” to combat gangs, including a universal anti-bullying program in schools, early-intervention programs for families and meaningful opportunities for kids to get involved in their community. “You are not going to arrest your way out of this gang situation that we have,” Heed said. “We’re just reacting to the problem. We’ve reacted to this problem since 1994 here in Vancouver. We still have this absolutely astounding display of public violence on our streets.”

Critics on both sides of the political divide (although primarily on the right) tend to decry ‘one size fits all’ solutions to social problems. I think there is merit to this position – each region must have some leeway to solve its own problems in its own way. However, despite being aligned with the right, the Republican North Party has taken the decidedly non-conservative step of giving the federal government the authority to take decision-making power out of the hands of the justice system. If it were a left-wing government proposing this kind of program, that would at least be consistent with the idea of government intervention in individual lives. Coming from a government that at least pretends to be conservative, it is a stark revelation of their own hypocrisy.

What’s my proposal? I say we decide policy on a case-by-case basis and look at what the evidence says. If the evidence says mandatory minimums work, then let’s do that. If the evidence says that coddling criminals works, then we do that. No matter how uncomfortable it might make us. Failing to make our policy responsive to observable reality, rather than a slave to our ideological prejudices, will only serve to exacerbate problems to the detriment of everyone.

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23 London burns: what it is and what it ain’t

August 15, 2011
by Crommunist
· blog · crime · law · news · police · politics · psychology · race

So this will be a fairly ambitious endeavour for me. All of you are no doubt aware of the rioting that has plagued London for the past week. I am going to try and summarize what I think is an incredibly complex issue in the span of a single blog post. Unlike other Monday think pieces, this one is going to have a lot of links to other articles, because they’re relevant.

The riots were supposedly touched off by protest over the apparent murder of a young black father by police officers. The police claimed that the man had an illegal weapon and fired on them. Forensic investigation subsequently revealed that no gunfire was exchanged – the man had been shot twice by bullets from a police-issue weapon and the gun that supposedly belonged to the deceased, while illegal, had not been fired. In an attitude typical of police, the first instinct was to protect the officers instead of upholding the law. Outraged citizens, mostly black, took to the streets to protest, and that protest turned into a riot.

Many are trying to make this riot into a racial issue:

Operation Trident which was set up in 1998 to specifically deal with gun crime related to drug activity within London’s black community — is itself controversial among some sections of the black community. Even though Trident was set up by black activists to tackle so-called black-on-black killings, few of the police officers within the unit are black, and some see Trident as being just another way in which the police can oppress young black men who are already disproportionately targeted for criminal behavior.

Mark Duggan’s death seemed to touch a raw nerve, coming just months after another controversial police-related death of yet another black man, a British reggae artist known as Smiley Culture. A peaceful protest about Duggan’s death turned violent. From then on, the violence has escalated.

It is tempting to compare this outrage to what happened in Los Angeles following the acquittal of police officers in the Rodney King trial. There are certainly many parallels between that situation and London: a marginalized and brutalized minority population who are distrusted and underserved by their government; an attitude by police of extreme racism; lack of representation in the halls of power. However, the rioting quickly grew far past anything that can be attributed to a disgruntled minority group:

The uncomfortable question since the beginning of the disturbances on Saturday night, however, has been the degree to which tensions between different ethnic communities, and wider issues of race and cultural alienation, have played a part in some local areas. The answer, observers warn, is a complex and multifaceted one, in an area where simplistic judgments can be dangerous. “Where communities are already divided along ethnic lines, there is of course a tendency to hunker down,” says Rob Berkeley, director of the Runnymede Trust, which researches issues of race and equality. “But what I’m struggling with is that there is so much that we don’t know. I don’t know if what goes on in West Bromwich is anything to do with what happens in Birmingham, or if the Woolwich riots were organised but the Croydon ones were not.

Most frightening to me is that there are people using the racial tension as an excuse to expand their own small-minded agendas:

Far-right groups have sought to exploit the tensions. The BNP says it will hold its “biggest ever day of action” this weekend and has published a leaflet titled: Looter beware: British defenders protect this area. The EDL claims its supporters are organising across the country and will provide “a strong physical presence, and discourage troublemakers from gathering in our town and city centres”.

While the outrage may have germinated around a seed of racial resentment, it spread so quickly and violently that this is not a satisfactory explanation. A better explanation is needed; certainly one that is better than the line of stupidity coming from Downing street, with Prime Minister David Cameron bemoaning the lack of active parenting and seeking to explain the crime by attributing it to ‘criminals’. The problem, of course, with this line of reasoning is that many of these people probably weren’t criminals before they committed these crimes. Labeling them post hoc as ‘criminals’ is circular, and therefore useless as an explanation. It doesn’t appear to be particularly accurate either:

“Some of the parents were there. For some parents it was no big surprise their kids were there. They’ve gone through this all their lives,” said an Afro-Caribbean man of 22 who gave his name as “L”, voicing the frustration and anger felt by youth and parents over yawning inequalities in wealth and opportunity. “I was on the train today in my work clothes and shoes. All different types took part in the riot. The man next to me was saying everyone who rioted should be gassed. He would never have guessed that I was there, that I took part,” he said.

Many have tried to attribute much of the anger at police to the way they treat minority group members, while others have pointed to the social system, to the power of the welfare state, to raw criminality, bad parenting… many explanations have been thrown out.

So too, it seems, has any pretense at maintaining the liberal democratic tradition:

Speaking outside 10 Downing Street following an emergency security meeting Wednesday, the prime minister noted that the addition of 10,000 police, for a total of 16,000, on the streets of London on Tuesday night and into the morning had helped curtail the violence. “Whatever resources the police need, they will get. Whatever tactics the police feel they need to employ, they’ll have legal backing to do so,” he told reporters.

Anyone who isn’t immediately terrified by the prospect of police having unchecked powers to punish crimes is clearly living in a world of unchallenged assumptions about the credibility of law enforcement.While Vancouver police have been facing heightening criticism for failing to charge more people after the riots here, I applaud them for not rushing to judgment and waiting to have solid evidence before seeking convictions. The UK police seem to be under no constraint of legal due process, and have already arrested and charged hundreds of people:

“Picture by picture these criminals are being identified and arrested and we will not let any phoney concerns about human rights get in the way of the publication of the pictures and the arrest of these individuals,” Cameron said.

The emphasis on that quote is mine. The horror should be all of ours to share.

So if it isn’t race, or criminal minds, or just the thrill of smash and grab, what happened in London to make this happen? We may never know what the one cause that set off the ripple of rioting, and it’s unlikely that there is one cause. Likely, like any other mass spontaneous uprising (like what’s happening in the middle east), there are a variety of overlapping factors that came to a head at one point, causing a tectonic-like reaction. It seems, however, that the most fruitful avenue of explanation is to ask people on the ground what they think. From outside it is easy to attempt to explain, and you can probably find a sympathetic ear for just about any crazy theory. Until the people from the streets start speaking and telling their stories, all we can do is make a handful of guesses and wait for the flames to die down.

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0 Evidently ecstatic

August 3, 2011
by Crommunist
· blog · Canada · civil rights · crime · critical thinking · law · police · politics

There was once a time when I could have been accurately described as ‘pro-police’. I recognized that in order for a society to progress, we needed to have some way of enforcing law. A society without laws quickly degenerates into violence, and it was thanks to the tireless efforts of police officers and other members of the justice system that we were such a peaceful place to live. I would openly and unashamedly take the police’s side when debates came up in our high school (we had a pair of police officers on constant patrol on our campus). However, as I’ve become a bit more aware of the world and the nuances of the argument, my knee-jerk support for the police has diminished quite dramatically. While I have not yet gone quite to the extent of labeling police indiscriminately as a gang of threatening thugs, events like the travesty that was the G20 summit are moving me in that direction.

I still believe in the principle of rule of law, and I doubt that will ever change. However, I no longer see police as being reliable arbitrators of law. Again and again, we see examples not only of police abusing their power to circumvent justice for themselves, but of such abuse actually undermining justice for others:

The Richmond trial of five men accused of running a multi-million dollar ecstasy lab has been thrown out of court because of what a provincial court judge says were repeated Charter of Rights violations. In January 2007, Mounties uncovered nearly 100 kilograms of ecstasy and nine pill presses in two Richmond homes following a year-long investigation. Tin Lik Ho, Qing Hou, Shao Wei Huang, Yi Feng Kevin Li and Kai Lai Kyle Zhou were all charged with producing ecstasy and possessing ecstasy for the purpose of trafficking. But in a 30-page provincial court judgment, Judge Paul Meyers issued a scathing indictment of the RCMP’s handling of the case. “The police officers who were in charge of this investigation, from start to finish, violated so many Charter rights of the accused persons, that one might have thought that the investigation took place before the Charter of Rights had been enacted,” Meyers wrote.

Asking a conservative what this story represents will yield a very different response than if you ask someone who actually understands what she/he is talking about. A conservative commentator will point out that this is a prime example of the “hug a thug” mentality that liberals have – prioritizing the rights of criminals over the rights of decent, hard-working Canadians. This judge is clearly a liberal activist that doesn’t care about seeing criminals punished for their crimes, or of drugs spreading through communities where they destroy the lives of the young and innocent.

Someone with a slightly more realistic understanding of the legal process will recognize that this is the sign of a healthy legal system (the abuses of the police notwithstanding). Undoubtedly, these men are dead to rights – the drugs were found in their homes along with the method of manufacture. This was not the case of a handful of pills trying to make a quick score, or some guys who just really really like to get high – these guys were mid-level traffickers of a restricted substance. They absolutely belong in jail. However, in their handling of the case, the RCMP decided that their apparent guilt justified shredding the charter. While judges regularly look the other way for slight abrogations of legal rights in clear cases of guilt, Judge Meyers’s report details the extent to which these particular officers decided that they were above the law.

I am the law! — BC's RCMP reveal their new recruitment mascot

The reason why this ruling is good is because there are countries in the world in which those accused of crimes are treated as already-guilty. We don’t like those countries – they tend to use that justice system to lock up political dissidents. Neither the presumption of innocence nor the presumption of guilt will result in a perfect system; however, one will ensure that fewer innocent people are imprisoned for crimes they didn’t commit. We can always produce evidence of guilt – evidence of innocence is almost impossible by definition.

More interestingly, it seems as though the slipshod method of being “tough on crime” actually creates more crime than it prevents:

What’s more interesting than the finding that drug prohibition causes gang-on-gang violence is our inability – or is it unwillingness? – to learn from repeated demonstrations of this connection. For some reason, we seem to think that what’s happening in northern Mexico – where drug-trafficking gangs are at war with each other and with the Mexican army – is somehow different from what’s happening in Winnipeg, where drug-trafficking gangs are at war with each other and with the Winnipeg Police Service. There is a difference in scale, to be sure, but not in kind. Drug prohibition enriches organized crime, and police crackdowns on drug suppliers provoke gang-on-gang violence over market share.

We know from abundant evidence in other counties that the kind of drug enforcement strategy we use in Canada is not particularly effective at actually reducing crime. This analysis from The Mark suggests that, to the contrary, it actually increases the rate of violent crime as market forces inexorably drive up demand whenever supply is interrupted. If we were trying to reduce crime, we’d change our strategy – we’d do what it took to actually protect the populace against its dangerous elements. However, it is clear that we are not interested in reducing crime, which raises the question of what it is we are trying to do.

It is when we betray the liberal principles of crime prevention and harm reduction that we begin to see the corporatization of law enforcement. For-profit law enforcement strategies only serve those who make profit from crime. If our interest is in doing whatever it takes to ‘punish’ criminals by locking them up, we’ll see more examples like the Richmond case where the rights of the people become a secondary interest to serving and upholding law enforcement’s sworn duty to protect and serve the people.

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