Seven and a half things you can do to resist mass incarceration

Wednesday, February 24th, 2010

Here’s a good article from a while back in The Nation (which I’m mentioning now because I just recently saw it, thanks to the November Coalition listserv). In these days, I’m not surprised to see that it was written,[1] but I am (pleasantly) surprised to see that it got published in a prominent place in an organ of the official Left. In any case, it’s right-on, and well worth reading.

Well, in the parts I haven’t crossed out, anyway. The article was originally called Ten Things You Can Do To Reduce Incarceration, but, well, we’ll see what becomes of that.

The United States has 5 percent of the world’s population and 25 percent of the world’s prisoners. Criminologists have found that when too many people are incarcerated the crime rate actually increases. Imagine if we spent some of the $60 billion a year prisons cost on education, job training and healthcare. (0) Paul Butler, a law professor, former federal prosecutor and author of Let’s Get Free: A Hip-Hop Theory of Justice suggests ways to undo the damage caused by overincarceration. If you have state specific resources send them to nationtenthings@gmail.com.

1 Do your jury duty. If you are a juror in a non-violent drug case, vote not guilty. Jury nullification—an acquittal based on principle—is perfectly legal. The framers intended jurors to be a check on unjust prosecutions and bad laws. Click here for more information. (1)

2 Pay a kid to graduate. A report by the RAND Corporation found that paying students to finish high school prevented more crime than the toughest sentencing laws. Dropping out of school creates a high risk of ending up in jail. Work with your community group or place of worship to create a program to pay at-risk students to graduate from high school.

3 Come out of the closet about your drug use. War on drugs propaganda says users are bad people. Let your fellow citizens know the real face of the American drug user. Don’t be scared. Barack Obama admitted he used marijuana and cocaine during his youth, and he got elected president!

4 Hire a formerly incarcerated person. Every year about 600,000 people get out of jail. The odds are against their landing a job, which is a huge factor in why more than half will be re-arrested within a year. Go to Hired Network. Go here if you are formerly incarcerated or visit Reentry Policy.

5 Vote for politicians who are smart on crime. (5) Tougher sentences aren’t the answer. In the US criminal sentences are twice as long as those in England, three times those in Canada and five to ten times those in France. And yet crime rates in US cities are higher than in those nations.

6 Just say no to the police. When cops request your consent to pat you down, peek inside your backpack or purse or search your car, you have the right to decline. When they have a warrant or other legal cause to search, like at an airport, they don’t have to ask. Too many Americans—especially in communities of color—are scared to death of the police. Go to ACLU “Know Your Rights” or the Malcolm X Grassroots Movement to learn your rights if stopped by the police.

7 Don’t be a professional snitch. If you have information about a violent or property crime, call the police. Witnessing is fine. But snitches get paid either in cash or a break in their own prosecution for tattling. They make untrustworthy witnesses. Snitches are responsible for almost half the wrongful convictions of people who were later found to be innocent.

8 Talk up the trades. Retail drug selling pays about as much as working at McDonald’s. As the book Freakonomics pointed out, that’s why most drug dealers live with their moms. Many dealers would prefer a more lucrative—and safer—line of work. People who don’t see themselves as “college material” and might otherwise end up on the street should be encouraged to get training for a blue collar trade. Click here for more information.

9 Let accused people discover the evidence against them. There are very few discovery requirements in criminal law. Many defendants in criminal cases don’t learn who the witnesses are—or even get copies of police reports—until the day of the trial. “Open discovery” laws like one Ohio recently introduced will enable criminal defendants to see the state’s evidence against them before trial. (9)

10 Listen to hip-hop. No other aspect of pop culture has considered as carefully, and as personally, the costs and benefits of the American punishment regime. Members of the hip-hop nation often come fr om the most dangerous communities and have a vested interest in safety . They help us understand that treating people who have messed up with love and dignity is, for law-abiding citizens, an act of self-interest and community safety. Visit AllHipHop.com or Hip Hop Caucus to learn the political side of hip-hop.

Here’s the quibbles from along the way.

(0) Well. If we were free to spend some of that $60,000,000 robbed out of our pockets on education, job training, healthcare, or any of the other infinite needs of civilized beings, that would indeed be something to imagine. Unfortunately, I expect that the other means the special kind of “we” here (the kind that means they, a political bureaucracy that ordinary people like you and me have no effective control over). If they spend the money on government education, government job training, and government healthcare, I expect that it will work out as well as anything else government does at propping up big corporations, corralling kids against their will, and otherwise maintaining business-as-usual and the social and economic status quo. Oh well.

(1) This really is an awesome idea, as far as it goes: if you have the opportunity to free an innocent drug-user or drug-dealer through jury nullification, of course I think you ought to take the opportunity. But how often are you likely to get the chance? Given how narrow the context is, this is really important for the individual life you can save, but it’s only going to be something that reduces incarceration in aggregate if it becomes part of a large-scale culture of non-cooperation with the state. In which case (1) really just depends on the kind of cultural change discussed in the other points. Anyway, call it half a thing you can do.

(5) Oh, come on. Really? Of course, I agree that the government’s crime policies are foolish and destructive. But that’s only a reason to go around voting for smarter politicians if voting for smarter politicians changed anything about crime policies or the War on Drugs. Call me back when that starts working for you.

(9) There’s nothing wrong with this proposal, as a procedural reform. But it’s not something you can do to reduce incarceration — changing government laws is something government could do. But if you somehow managed to accumulate the political connections to make the government do what you want it to do, you probably aren’t the kind of person who cares about this sort of thing; and for the rest of us, the you here is really just they, filtered through the illusion of democratic control. In which case, this is something that they could do to reduce incarceration. But of course there’s no reason to expect that they will.

Anyway.

That done, with those items crossed out, this is a really solid list, and does a great job of stressing the importance of moving beyond stupid, stupidifying political reform campaigns, and encourages you to make a real difference for your own life and your neighbors’ lives, by practicing solidarity on the ground, engaging positively with criminalized cultures and criminalized communities, refusing to collaborate with government cops and prosecutors, coming out of the closet, standing up for yourself and your neighbors, and generally working to shift the terms of the debate, to change the culture that fosters sado-statist mass incarceration, and the creation of positive alternatives that change the material condition faced by criminalized people, primarily by means of practical solidarity and person-to-person grassroots mutual aid.

Call it a solid seven and a half. That’s pretty awesome.

[1] Conventional libertarians who don’t know anything in particular about the Left or how it works are rarely aware of how radically anti-state many people of color on the Left really are. There’s a huge practical divide within the Left, roughly between the liberal politicos and white Progressives, on the one hand, and black, Latin@, and other people of color on the other, with the latter putting out all kinds of really amazing, often deeply radical critiques of government policing, surveillance, prisons, drug laws, border laws, papers-please police statism, etc. The white professional-class Progressives and the liberal politicos typically react to this stuff with some nominal agreement, an ill-conceived weak-tea reformist scheme for monitoring the racial demographics of traffic stops or something, without actually reducing any police powers, and then try to move the conversation along to something they really care about, like electing more Democrats or forcing everybody to buy corporate health insurance. But for many Leftist people of color, especially those who identify culturally and politically with Hip Hop, opposition to this kind of racist, classist, law-n-orderist state violence is their primary political concern and their main motivating reason for identifying with the Left. Anyway, if you think that there’s just not any prominent faction on the state Left that you can make any real headway with using libertarian arguments, or if you’re surprised to see articles coming from activistas who identify with Hip-Hop culture calling out mass imprisonment, and calling for jury nullifcation and concerted efforts to refuse cooperation with the police as a solution, you probably haven’t been paying as much attention as you should have.

Tiny weapons searches

Monday, January 11th, 2010

So here’s something a judge on the Massachusetts Appeal Court recently said — in reply to government cops who forced their way into Wilbert Cruz-Rivera’s car, without any warrant, and opened up a pill bottle while rummaging around in his things, and then claimed that this invasive warrantless search, conducted on the private property of a man who was not accused of any criminal offense, was justified as an officer safety search:

On this record, it simply was not reasonable to believe that the defendant might, upon his release with a message that he was free to go, enter his car, reach into the console, open a pill bottle, extract a weapon smaller than four-and-one-half inches by one-and-three-fourths inches, and use it in an effort to harm the two nearby, fully armed police officers who had just released him.

Quoted in The Boston Globe (2009-12-17): Court: Concern about tiny weapons didn’t justify search

I suppose I am glad that a judge said this. But the fact that a judge had to say it — to clarify to a gang of pushy government cops that officer safety really is not a excuse reason to go on a warrantless search for tiny weapons hidden in closed pill bottles — and that to do so they had to overturn a lower court’s ruling, which upheld this ridiculous opportunistic lie — does not really make me very optimistic about the reliability or effectiveness of those constitutional brakes on police power that the court is supposedly out to save.

Friday Lazy Linking

Friday, May 22nd, 2009
  • Winter Soldier: Just Another Tuesday. From Ryan Endicott, formerly a United States government Marine stationed in Iraq.

    Via Clay Claibourne, L.A. I.M.C. (2009-05-13): Winter Soldier Southwest on YouTube #1

  • The regulatory State versus freed markets and the human future: A quote from Anne Robert Jacques Turgot, via B.K. Marcus at Mises Economics Blog:

    To expect the government to prevent such fraud from ever occurring would be like wanting it to provide cushions for all the children who might fall. To assume it to be possible to prevent successfully, by regulation, all possible malpractices of this kind, is to sacrifice to a chimerical perfection the whole progress of industry; it is to restrict the imagination of artificers to the narrow limits of the familiar; it is to forbid them all new experiments; it is to renounce even the hope of competing with the foreigners in the making of the new products which they invent daily, since, as they do not conform to our regulations, our workmen cannot imitate these articles without first having obtained permission from the government, that is to say, often after the foreign factories, having profited by the first eagerness of the consumer for this novelty, have already replaced it with something else. … Thus, with obvious injustice, commerce, and consequently the nation, are charged with a heavy burden to save a few idle people the trouble of instructing themselves or of making enquiries to avoid being cheated. To suppose all consumers to be dupes, and all merchants and manufacturers to be cheats, has the effect of authorizing them to be so, and of degrading all the working members of the community.

    —Turgot, Éloge de Gournay (1759), translated by P.D. Groenewegen

Outrage

Think.

Left-Libertarianism

  • On dialectical jujitsu: Roderick Long, Austro-Athenian Empire (2009-05-19): How to annoy a conservative

  • Ownership failures, not market failures Chris Dillow, Stumbling and Mumbling (2009-05-01): Markets, the poor & the left. Dillow makes two really important distinctions: one of them the familiar left-libertarian distinction between freed markets, on the one hand, and actually-existing corporate capitalism, on the other; the other a less familiar, but very important, distinction between market processes and patterns of ownership. Quote: In many ways, what look like ways in which markets fail the poor are in fact merely ways in which a lack of assets fail the poor. Exactly; and the many cases where there are not really market failures, but rather ownership failures, have everything to do with feudal, mercantile, neoliberal, and other politically-driven seizures and reallocations of poor people’s land, livelihoods, and possessions — and nothing to do with genuine market exchange.

Counter-Economics

Movement

Communications

Rapists on patrol (#3). Officer Gary Pignato, Greece, New York

Thursday, May 14th, 2009

(Via Drug War Chronicle Issue #584, 8 May 2009: This Week’s Corrupt Cop Stories.)

A week ago, in Greece, New York, Officer Gary Pignato, stalker, home invader, and serial rapist, was arraigned on charges that, acting under the color of law and with the extensive legally-backed powers that his badge affords, he used the threat of violent force to coerce sex from at least two unwilling women. In at least one of those cases, before he used the threat of arrest to rape her, he first picked her out, followed her back to her home in his police car, took the opportunity to get her phone number, and then, a few days later, invaded her house without permission. After raping her he kept calling her, over and over again, until she said she would expose what he was doing.

A second woman has accused a Greece police officer of using his authority to coerce her into sex.

Gary Pignato of Hilton was arraigned Tuesday on charges of third-degree bribery of a public servant, a felony; second-degree coercion, third-degree criminal trespass and official misconduct, all misdemeanors. He pleaded not guilty to all charges.

Pignato goes to trial June 1 on an earlier felony count of accepting a bribe and misdemeanor counts of coercion and official misconduct stemming from allegations that he went to a Greece woman’s home in August, then later coerced her into a sexual encounter.

According to documents filed in Greece Town Court on Tuesday, a different woman accuses Pignato of similar acts.

The woman’s name was redacted in the documents and it is the Democrat and Chronicle’s policy not to name victims of sexual crimes.

In a deposition dated April 28, the victim alleges she first met Pignato during the summer of 2005 when he followed her in his marked car as she drove into her apartment complex. She alleges he introduced himself that night, gave her his card and asked for her phone number.

Then, she alleges, a few days later she was smoking marijuana at her dining room table when Pignato walked in unannounced, told her she could be arrested and lose her children for what she was doing and said we can make this go away.

She alleges Pignato said having sex with him would take care of it.

The victim alleges they made arrangements to meet the next night. She said she drove to his house in Hilton where they engaged in sex.

She alleges Pignato continued to call her seeking sex over the next few days and finally stopped calling when she threatened to find his girlfriend and tell her what he did.

In her statement, the victim said a friend convinced her to contact authorities after news broke about Pignato’s other arrest and criminal charges.

In the August case, the victim alleges Pignato visited her home during a domestic dispute, then threatened to arrest her for violating her probation if she didn’t have sex with him.

Pignato has admitted to State Police that he had sex with that woman, but said it was consensual.

[…] Pignato, who has been suspended without pay, turned himself in to State Police Tuesday afternoon. He was released from court on his own recognizance. A court date was set for June 17, but Assistant District Attorney William Gargan said the case could go to a grand jury.

Meaghan M. McDermott, Rochester Democrat and Chronicle (2009-05-06): Greece officer faces additional charges

Please note that if you, or I, or anyone else without a badge and a government uniform were to follow women around, picking out victims for their special attentions, then busted into that woman’s house without permission, threatened to harm her children, threatened to draw a gun and force her into a car and carry her off to some hellhole far away where she would be locked up against their will — if you, or I, or anyone else, I say, did all these things several times, as a threat used to coerce sex from unwilling victims, then we would be treated, by the media and by the law, as rapists of the most dangerous sort and an immediate threat to everyone in the community. You or I would be jailed with an astronomical bail or no bail at all; you or I would hit with multiple aggravated felony charges and if convicted we would spend years of our lives in maximum security prisons. But because Officer Gary Pignato of Hilton, New York happens to be a police officer — because the violence he uses is violence under color of law, and because the threats he makes against his chosen targets are threats backed up by the armed force of the State, and because the women who uses those threats of violence against are suspect women, under the special scrutiny of the police, this dangerous, heavily-armed sexual predator has been released into the community on his own recognizance, and he has been charged with nothing more than a handful of misdemeanors for the rapes and the home invasion he committed. The only felonies he’s been charged with are bribery charges; only his betrayal of the police department, not his repeated use of his government-backed authority to coerce sex from unwilling women, is treated as serious enough to merit a felony charge.

Here’s what I said about a case with several male cops in San Antonio back in December; just replace the comments about the government’s war on sex workers with comments about the government’s war on drug users.

What as at stake here has a lot to do with the individual crimes of three cops, and it’s good to know that the police department is taking that very seriously. But while excoriating these three cops for their personal wickedness, this kind of approach also marginalizes and dismisses any attempt at a serious discussion of the institutional context that made these crimes possible — the fact that each of these three men worked out of the same office on the same shift, the way that policing is organized, the internal culture of their own office and of the police department as a whole, and the way that the so-called criminal justice system gives cops immense power over, and minimal accountability towards, the people that they are professedly trying to protect. It strains belief to claim that when a rape gang is being run out of one shift at a single police station, there’s not something deeply and systematically wrong with that station. If it weren’t for the routine power of well-armed cops in uniform, it would have been much harder for Victor Gonzales, Anthony Munoz, or Raymond Ramos to force their victims into their custody or to credibly threaten them in order to extort sex. If it weren’t for the regime of State violence that late-night patrol officers exercise, as part and parcel of their legal duties, against women in prostitution, it would have been that much harder for Gonzales and Munoz to imagine that they could use their patrol as an opportunity to stalk young women, or to then try to make their victim complicit in the rape by forcing her to pretend that the rape was in fact consensual sex for money. And if it weren’t for the way in which they can all too often rely on buddies in the precinct or elsewhere in the force to back them up, no matter how egregiously violent they may be, it would have been much harder for any of them to believe that they were entitled to, or could get away with, sexually torturing women while on patrol, while in full uniform, using their coercive power as cops.

A serious effort to respond to these crimes doesn’t just require individual blame or personal accountability — although it certainly does require that. It also requires a demand for fundamental institutional and legal reform. If police serve a valuable social function, then they can serve it without paramilitary forms of organization, without special legal privileges to order peaceful people around and force innocent people into custody, and without government entitlements to use all kinds of violence without any accountability to their victims. What we have now is not civil policing, but rather a bunch of heavily armed, violently macho, institutionally privileged gangsters in blue.

GT 2007-12-21: Rapists on patrol

See also:

In counting there is strength.

Friday, April 24th, 2009

A few days ago there was some back-and-forth over at Ken MacLeod’s blog, and then also at Roderick’s blog, over the the relationship between large, centralized states and peace. MacLeod originally argued:

The panel convened by Farah Mendlesohn on Pacifism and Non-Violence in SF benefited from being on a subject on which there is a manageably small amount of source material. The discussion led me to make one of my very few comments from the floor. A more articulate and argued version of that comment would be this:

We already know how to have peace over large areas of the Earth, and that is by having large states covering those areas. (The combat death rate for men of military age in typical stateless societies far exceeds that in inter-state wars, including world wars.) SF has in its default assumptions a way to get to peace without pacifism, and that is the World State. Even Starship Troopers gives this answer, just as much as Star Trek or anything by H. G. Wells, Isaac Asimov or Arthur C. Clarke. Heinlein’s Federation is a World State, and (consequently) there is peace within the human species. It just has wars with aliens.

But there are no aliens. So we could have peace.

Ken MacLeod, The Early Days of a Better Nation (2009-04-17): Existence Proof of Von Neumann Machine, Placing Imaginary Bets, and other Cultural Learnings

There are several problems with this line of argument. There’s a lot of good back-and-forth at MacLeod’s about the empirical basis of MacLeod’s factoid about combat death rates, and about the underlying sources (it mainly comes from Lawrence Keeley’s War Before Civilization). Roderick has a very interesting response, from another angle, in the comments there that he repeats in his own post, in which he argues that if there is a general correlation between peace and state coverage, it’s because states (as parasites on social production) can only function in societies where there is an certain underlying level of peaceful cooperation; there is a level of widespread ultraviolence at which at a state can no longer steal the material resources it needs to cover the costs of full-time cops, soldiers, and the rest of its repressive apparatus. Hence the correlation between production and the State is like the correlation between human civilization and cockroaches; cockroaches thrive in civilized societies much more than they do in the wilderness, but not because cockroaches somehow produce civilization.

All of which is good, and important, and well-worth reading. What I’d like to add to the discussion is a good, hard look at the notion that what a strong state produces within its own territory can even realistically be called peace.

Let’s grant, for the sake of argument, that Keeley (thus MacLeod) is right about combat deaths for military-age males — that the rates are much, much higher in primitive stateless societies than they are in modern state societies. As Roderick points out, part of the problem here is that that data set, by itself, tells us little or nothing about whether it’s the primitiveness or the statelessness that’s doing the damage. There are other problems, too — for example, comparing percentages is a tricky game when you compare populations of radically different sizes; if a band of 50 !Kung San gets in a fight, and one whole member of their band is killed, then just running the percentages would have us believe that this is like 6,000,000 out of 300,000,00 Americans getting murdered — life for the !Kung San is apparently so savage that every single murder is another Holocaust. Or maybe there is a problem with a standard of comparison which would require 0.000000167 of a !Kung San man or woman to be killed in order to find an equivalent to a single murder in America.

But the problem that I want to focus on is that it looks to me like we are doing some very selective counting here. The selective counting consists in what is counted as violence, and as breaches of peace, and what is not. We are informed that having large states covering a part of the world’s landed surface is a good way to bring about peace. The evidence for this is the drop-off in combat deaths. But combat deaths are not the only sort of violence that people can suffer, and especially not combat-deaths-among-military-aged-males. Keeping that in mind, let us recall some facts about the most powerful, and one of the largest states in the world today — the United States of America — and what goes on in the territory that its government claims to rule.

Under the United States of America, over 2,000,000 people are currently forced into jails and prisons by state, local, and federal governments. Over 7,000,000 people are facing some form of ongoing constraint from the government’s corrections system — either through imprisonment, or through supervised parole, or through probation.

Under the United States of America, the government maintains a force of over 1,100,000 police officers — armed professionals whose job it is to use force against the 7,000,000, so as to get them under the control of the government prison system and its annexes. The government also maintains a force of about 765,000 corrections officers, who are armed and trained to use force against the 2,000,000 while they are confined within the walls of the government’s prisons.

The government’s internal armed forces of over 1,865,000 are currently engaged in a number of large-scale projects to use intense force in the prosecution of campaigns that they describe as wars. There is, for example, the War on Drugs; the War on Terrorism; inner-city surges against gangs, and so on. For the prosecution of these wars, the 1,865,000 put on constant street patrols; they arm themselves with semiautomatic and fully-automatic rifles; they kick in doors and storm houses and businesses; in some neighborhoods they engage in saturation patrols, the explicit purpose of which is to instill a sense of fear and thus make their designated enemies (gangs, mostly) afraid to use public spaces. In some cities they have adopted tactics explicitly modeled on the government military’s surge counter-insurgency tactics in Iraq. In other cities they have established checkpoints on the roads and cordoned off entire neighborhoods. They have recently taken to investing heavily in training and equipping paramilitary defensive lines (riot cops) and paramilitary assault squads (SWAT), and have stocked up on armored vehicles for mechanized warfare and even military helicopters.

When the government’s 1,865,000 go out into the streets or into the jails and prisons, they use force to confront and control the 7,000,000, and also to confront and control uncounted millions more, who are confronted by law enforcement and corrections officers without ending up in jail, in prison, on parole, or on probation. These confrontations produce conflicts, and the conflicts often escalate into violence; under the United States of America, those fights result in cops killing somewhere above 500 people each year[1] and about 50 cops getting killed each year along the way. Upwards of 550 deaths a year, out of 300,000,000 people, may not seem like all that much; but it’s worth remembering that there is a body count here, and, what’s more important, that the body count is not the only form of violence that there is to talk about. Besides the people who end up dead, there is a far greater level of non-lethal but nevertheless violent force, which hasn’t got much of a counterpart in the kind of kill-or-be-killed struggles that the body-counters count as breaches of peace: there is the heavy and repeated use of physical coercion, assaults, beatings, restraints, chemical and electrical torture (pain compliance), that the cops and their antagonists each employ (mostly, it’s the cops who use it) to try to get their way. This violence is constant, pervasive, and intense, and all of these especially in those neighborhoods that are singled out, for demographic reasons, as deserving the special attention of police street patrols and police crackdowns. In neighborhoods like that, the cumulative result is often experienced as being far more like a military occupation than like life in a peaceful society. And this kind of constant, pervasive, intense violence is completely unknown in even the most primitive or ultraviolent stateless societies.

This constant government-declared domestic warfare — most of which is directed against people for offenses that violate nobody’s person or property, such as the use of drugs or the crossing of borders without government permission slips — is dignified as peace by those who claim that covering a territory with a single state eliminates war within that territory. In fact it is nothing of the sort, if peace has any meaning for people’s real lives and not merely for the purposes of politico-legal accounting. It is a form of violence which affects military age males but also a lot of other people besides, and which often has far more profound effects on daily life than the bloody but infrequent violence of communal blood feuds or open war between political entities. And in many cases outside of the United States, it is a form of violence which has proved far more intense and far more lethal than it happens to be here — because, as R.J. Rummel never tires of pointing out, over the past couple centuries, governments have been far more lethal in democidal attacks on their own populations — through the use of government executions, government policing (especially government policing of the use of food stocks), government prison camps, and so on — than they were in inter-governmental warfare. The greatest war of the modern era has never been the kind of warfare that governments wage one against the other — as terrible as those wars have been. It is the war that each and every government is constantly waging within its own territory, against its own subjects — the kind of war that is passed off as peace, and which is more or less never counted in attempts to tally up the balance of peace over violence in modern state-occupied societies.

1 The somewhere above is important, because there are actually no systematic efforts to compile statistics on all homicides by law enforcement in the U.S.

The Bureau of Justice Statistics recently released a report on Arrest-Related Deaths in the United States, 2003-2005 which is based on data from two main sources, the Bureau of Justice Statistics’ Deaths in Custody Reporting Program, and the FBI’s Supplementary Homicide Reports. There are several problems with using these reports to get comprehensive statistics: neither source provides information about the number of people killed by *federal* law enforcement agencies like the FBI, BATF, and ICE. Not all states currently report figures to either program. The SHR reports only report law-enforcement homicides separately when a government agency rules the use of force justifiable; otherwise they are lumped in with other criminal homicides. It’s clear that some states do not report all of the cases where people are killed by cops to the DCRP: California, for example, reported 354 law-enforcement homicides to the SHR program, but only 160 to the DCRP, even though the deaths reported to the DCRP should properly be a superset of the deaths reported to the SHR.

If you use take the maximum of the DCRP figure and the SHR figure for each state that reported at least one of the two, then you get a total of at least 1,489 people killed by police over the three-year period from 2003–2005. Divide that by 3 (because neither the DCRP nor the SHR indicated any big leap in the number from one year to the next), and you get at least 496 people killed by cops each year during the 3 year period.

I do not know of any good statistical source to get a count of how many people were killed by federal law enforcement, or how many cases there were in which a law enforcement homicide reported to the SHR was filed as unjustifiable rather than justifiable in states like California which underreported to the DCRP. Hence, the figure of about 500 people killed a year should be treated not even as a lowball estimate, but simply as a minimum, for the real numbers.

See also:

It doesn’t take much imagination.

Saturday, March 28th, 2009

Here is Ron Paul, speaking about an occupation.

Imagine an Occupied America

Imagine for a moment that somewhere in the middle of Texas there was a large foreign military base, say Chinese or Russian. Imagine that thousands of armed foreign troops were constantly patrolling American streets in military vehicles. Imagine they were here under the auspices of keeping us safe or promoting democracy or protecting their strategic interests.

Imagine that they operated outside of U.S. law, and that the Constitution did not apply to them. Imagine that every now and then they made mistakes or acted on bad information and accidentally killed or terrorized innocent Americans, including women and children, most of the time with little to no repercussions or consequences. Imagine that they set up checkpoints on our soil and routinely searched and ransacked entire neighborhoods of homes. Imagine if Americans were fearful of these foreign troops and overwhelmingly thought America would be better off without their presence.

Imagine if some Americans were so angry about them being in Texas that they actually joined together to fight them off, in defense of our soil and sovereignty, because leadership in government refused or were unable to do so. Imagine that those Americans were labeled terrorists or insurgents for their defensive actions, and routinely killed or captured and tortured by the foreign troops on our land. Imagine that the occupiers’ attitude was that if they just killed enough Americans, the resistance would stop, but instead, for every American killed, 10 more would take up arms against them, resulting in perpetual bloodshed. Imagine if most of the citizens of the foreign land also wanted these troops to return home. Imagine if they elected a leader who promised to bring them home and put an end to this horror.

Imagine if that leader changed his mind once he took office.

The reality is that our military presence on foreign soil is as offensive to the people that live there as armed Chinese troops would be if they were stationed in Texas. We would not stand for it here, but we have had a globe-straddling empire and a very intrusive foreign policy for decades that incites a lot of hatred and resentment toward us.

Ron Paul, Antiwar.com (2009-03-10): Imagine an Occupied America. Hyperlinks mine.

That’s one reality. The other reality is all this imagining doesn’t actually take much imagination. The occupation is already here; the uniforms are different, but the practices are the same. The problem here is not us — it is U.S. And if us means you and me and our neighbors, then it’s important to keep in mind that, so long as I have no way of vetoing the acts or withdrawing my material support from projects done on my dime and supposedly in my name, all of us have much more in common with the other victims of Washingtonian command and control than we do with the commanders and controllers.

See also:

Enforcing the drug laws they oppose

Thursday, March 5th, 2009

(Via The November Coalition listserv.)

The Manchester Union Leader recently ran a feature on LEAP. In particular, the article is on members of leap who are currently active police officers, like Bradley Jardis of Epping, New Hampshire. The article is called Opposing the drug laws they enforce:

When he’s working, Epping Police Officer Bradley Jardis is just like any other cop.

He’s patrolling the streets to catch people with drugs because that’s what he’s supposed to do.

But when he’s off the clock, this 28-year-old officer is speaking publicly about why he believes existing drug policies have failed and why it’s time for lawmakers to legalize drugs.

It’s an unusual position to take for a police officer charged with enforcing laws, but Jardis insists that prohibiting drugs leaves the dealers in control, creating a dangerous black market that breeds crime and gives kids easy access.

Jardis believes drugs should be regulated by the government just like alcohol. We treat alcoholism as a public health problem, but we treat drug addiction as a criminal problem, and that’s wrong, he said.

And he’s not the only officer who feels this way.

Jardis, of Hooksett, is among a growing number of current and former New Hampshire law enforcement officers and others in criminal justice who have joined a Massachusetts-based nonprofit organization called Law Enforcement Against Prohibition, or LEAP.

Rick Van Wickler, superintendent of the Cheshire County Department of Corrections, joined LEAP in late 2007, and Ron White, superintendent of the Merrimack County Department of Corrections, came aboard about a month ago.

LEAP’s membership in New Hampshire has now grown to 132, with as many as 20 new members joining in the past three months, according to Tom Angell, the group’s media relations director.

LEAP, which began in 2002 with five founding members, now has more than 11,000 members in 90 countries.

Jason Schreiber, Manchester Union Leader (2009-02-21): Opposing the drug laws they enforce

The story is presented as a policy debate between cops in LEAP and other cops who support drug prohibition. As such, it’s fairly boring, and not especially insightful or well informed. (Did you know that if drugs are legal then people will completely disregard any medical advice or personal judgment about the harms of drug abuse? On the contrary, sir! Prohibition makes drugs more dangerous! And blah, blah, blah.) But what’s far more interesting to me is the theme that keeps recurring in the story without ever being remarked on. This is not just a story about a policy debate among cops; it’s also a story about individual conscience, and about the fact that the supposedly anti-Prohibition Law Enforcement types who the story profiles apparently have no problem continuing to lock harmless drug users in cages, and to rigidly enforce the laws that they themselves publicly admit to be foolish and destructive. The story is called Opposing the drug laws they enforce; but of course it could just as easily have been called Enforcing the drug laws they oppose:

When he’s working, Epping Police Officer Bradley Jardis is just like any other cop.

He’s patrolling the streets to catch people with drugs because that’s what he’s supposed to do.

But when he’s off the clock, this 28-year-old officer is speaking publicly about why he believes existing drug policies have failed and why it’s time for lawmakers to legalize drugs.

[…]

As they try to spread their message, Jardis, White and Van Wickler say they’re careful not to promote LEAP while they’re on the job. Jardis said he never lets his views prevent him from enforcing the current drug laws when he’s at work.

[…]

Too many young people also are being locked up and branded as criminals, in some cases caught for the first time with marijuana or another drug, Jardis said. A conviction for making a poor choice then follows that person forever, he said, jeopardizing student loans and other aspects of their lives.

But Epping Police Officer Bradley Jardis has no problem locking those young people up and branding them as criminals and ensuring that they will be followed and ruined forever by their nonviolent recreational drug use, when he’s on the clock. Orders, you know.

A lot of us in the movement against the Drug War have spent the past several years giving LEAP all kinds of special prestige — for much the same reason that a lot of us in the movement against the U.S. government’s foreign wars have given all kinds of special prestige to retired generals, and to groups like Iraq Veterans Against the War, and to just about anyone who, regardless of their own personal qualities as an activist or analyst, can flash some sort of notable personal or family connection to the military. The idea is that these people enjoy some kind of automatic credibility precisely because of their position within the system of state power. We are supposed to be especially thankful for these sorts of allies. But whatever personal convictions Bradley Jardis and his fellow LEAPers may hold, the fact remains that they have deliberately decided to subordinate those convictions to the admittedly stupid and destructive requirements of The Law while they are on the clock; while I’m glad that Bradley Jardis and his fellow LEAPers are intellectually opposed to the Drug War — it’s not like I’d rather they were for it — the fact is that I’d rather have some good honest corruption. Ideally, of course, what you would hope for is cops who might intellectually oppose the drug laws and also refuse to enforce them; but if I have to pick one, I much prefer cops who don’t vocally oppose drug laws but do fail to enforce them, rather than cops who talk up their opposition to drug laws while meticulously enforcing them anyway. The latter sort of cop may talk a good talk and give a good press conference; but then the former sort of cop isn’t locking innocent people in cages for years at a time.

I’m just sayin’.

See also:

Ending State violence against women in prostitution in San Francisco

Friday, October 24th, 2008

Last year, a dangerous California street gang rolled up on 1,583 women and abducted them off the streets of San Francisco, tied them up, and held them against their will for days or weeks at a time. Some were robbed of money and then let go. Others were held in specially-constructed dungeons for as long as half a year before they were allowed to see the light of day again.

There has been little notice of this massive wave of violence against women in the malestream media, and little outcry, even though this same gang is still active, and is on track to abduct a similar number of women this year. Part of the reason for the neglect of this story is the fact that the 1,583 women were women in prostitution, or suspected of being in prostitution and all too many people (by which I mainly mean men, and by which I mainly mean pols, lawyers and cops) figure that assaults and disappearances are just business as usual for women in the sex trade, something that can be stamped N.H.I. and shrugged off with a blink.

The other part of the reason is that the street gang’s colors are blue, and they all carry badges, and they call these abductions arrests, the imprisonment pretrial detention or a sentence, and, even though the women they target and grab off the street through force or intimidation are just doing a job for willing customers, and threatening or attacking exactly no-one, these gangsters can count on the biggest racket of all — the protection racket known as the State — to get their back, to claim their violence is justified because it is carried out under color of The Law (as if that were somehow immune to question or challenge), and to put out well-paid mouthpieces who will insist, with a completely straight face, that when women in prostitution are being forcibly hauled off, arrested, cited, fined, jailed, and generally subjected to an attempt to forcibly destroy their livelihood, the people (mostly men) who are doing all this are actually doing it for the women’s own good.

In fact these rationalizations are no better than — really, no different from — the rationalizations that every abusive man in the world uses to pass off their controlling behavior and violence against their women as if they were expressions of love. The male-dominated State is nothing more than an abusive sociopath writ large — one that can attack women by the thousands or by the millions, and one with armies and dungeons and trillions of dollars at its disposal.

As I said last December 17th:

Any serious commitment to freedom for, and an end to violence against, women, means a serious commitment to ending violence against women who work in the sex industry. All of it. Immediately. Now and forever.

And that means any kind of violence, whether rape, or assault, or robbery, or abduction, or confinement against her will, or murder. No matter who does it. Even if it is done by a john who imagines that paying for sex means he owns a woman’s body. Even it is done by a cop or a prosecutor who calls the violence of an assault, restraint, and involuntary confinement an arrest or a sentence under the color of The Law. The Law has no more right to hurt or shove around a woman than anyone else does.

GT 2007-12-17: December 17th is the International Day to End Violence Against Sex Workers

This November, eligible voters in San Francisco have an opportunity to call for peace on this front of the city government’s war against women:

San Francisco would become the first major U.S. city to decriminalize prostitution if voters next month approve Proposition K, a measure that forbids local authorities from investigating, arresting or prosecuting anyone for selling sex.

The ballot question technically would not legalize prostitution, since state law still prohibits it, but the measure would eliminate the power of local law enforcement officials to go after prostitutes.

Proponents say the measure will free up $11 million the police spend each year arresting prostitutes and allow them to form collectives.

It will allow workers to organize for our rights and for our safety, said Patricia West, 22, who said she has been selling sex for about a year by placing ads on the Internet. She moved to San Francisco in May from Texas to work on Proposition K.

Even in tolerant San Francisco, where the sadomasochism fair draws thousands of tourists and a pornographic video company is housed in a former armory, the measure faces an uphill battle, with much of the political establishment opposing it.

Some form of prostitution is legal in two states. Brothels are allowed in rural counties in Nevada. And Rhode Island permits the sale of sex behind closed doors between consenting adults, but it prohibits street prostitution and brothels.

[…]

Police made 1,583 prostitution arrests in 2007 and expect to make a similar number this year. But the district attorney’s office says most defendants are fined, placed in diversion programs or both. Fewer than 5 percent get prosecuted for solicitation, which is a misdemeanor punishable by up to six months in jail.

Proposition K has been endorsed by the local Democratic Party. But the mayor, the district attorney, the police department and much of the business community oppose the idea. They contend that it would increase street prostitution, allow pimps the run of neighborhoods and hamper the fight against sex trafficking, which would remain illegal because it involves forcing people into the sex trade.

[…]

If the proposal passes, we wouldn’t be able to investigate prostitution, and it’s going to be pretty difficult for us to locate these folks who are victims of trafficking otherwise, said Capt. Al Pardini, head of the police department’s vice unit. It’s pretty rare that we get a call that says, I’m a victim of human trafficking or I suspect human trafficking in my neighborhood.

Associated Press, CNN (2008-10-21): San Francisco may become safe for prostitutes

While I certainly agree that coerced sex trafficking is an evil that needs to be seriously addressed, government officials and government cops like Captain Al Pardini, who claim to be concerned about the welfare of women forced into prostitution, refuse to talk about ways to address the systemic issues that stop trafficked women from being able to come forward and speak out or seek help about what’s been done to them (like, the State’s violence against undocumented immigrants and the threat of deportation; like, the police’s refusal to take women in prostitution seriously or treat them like human beings), and instead they apparently feel perfectly comfortable insisting that their difficulties in investigating sexual slavery somehow justify laws that grant police the power to force any woman suspected of being in prostitution off the street and into police detention, under police scrutiny, to imprison her, to force her to pay punitive fines, to conduct arbitrary police raids to go on fishing expeditions for trafficked women (e.g., at Asian massage parlors) based on nothing other than racial profiling, and so forth, and so on, all in the name of facilitating the police’s attempts to investigate a different crime that affects some subset of the women being rousted up, shoved around, arrested, questioned, fined, imprisoned, and so on, and all in order to be able to force trafficked women into the protection of the criminal law, with or without their consent. This amounts to nothing more than an argument for ensuring that the State maintains and exercises plenary police state powers over all women suspected of being sex workers, for no reason other than the alleged necessity of protecting some women in the sex industry from violence, while ignoring the many crimes that women in prostitution are never able to report to the police for fear of being arrested, and while ignoring the immense violence against all women in the sex industry that is committed by cops themselves, as part and parcel of this policy of arrest and detention. Nobody would ever accept this argument if it were directed against a class of people whose basic human rights malestream society is more accustomed to granting. (E.g., We need to be able to investigate the enslavement of migrant farmworkers; let’s outlaw farming! We need to be able to investigate medical malpractice; let’s give the cops the power to arrest any doctor and charge them with a misdemeanor!) It is only when it comes to people who powerful men regard as official non-persons that these kind of arguments get made — whether they are made against the safety and freedom of women in prostitution, or against the safety and freedom of immigrants without government papers or unauthorized drug dealers, in parallel arguments for government border laws and drug prohibition. That’s despicable, and it’s baffling to reason. If you have the chance, I’d strongly encourage you to vote Yes on Prop. K, and No on police state tactics and government violence against women.

I should say that, while I’ve given up completely on electoral politics as a primary vehicle for political change, measures like Prop. K — or Question 1 and Question 2 in Massachusetts, or State Question 2 in Nevada — are a good demonstration of why, if you’re going to put in for electoral politics, voter initiatives and direct votes on referendum questions offer a much better vehicle for doing it than throwing in for the personal political prospects of some favored (or least-worst) candidate for the elective oligarchy that is so fatuously described as our democracy. Proposition K will have a hard time passing — a similar initiative was defeated in Berkeley recently by a 2-to-1 margin — but the mere fact that completely decriminalizing prostitution in a major U.S. city has entered into the political debate, that it is being considered for passage (or. mutatis mutandis, repealing the income tax in one of the highest-tax states in the U.S., or decriminalizing possession of small amounts of marijuana, or banning all eminent domain seizures for transfer to private developers in a state with one of the most intensely state-capitalist economies in the U.S.) is an achievement in itself, compared to the way in which representative politics completely smothers all serious politics, by choking off any and all political issues outside of the established bipartisan government consensus on the acceptable range of debate. Voting libertarians take note: if you’re going to spend your time on this stuff, there’s not much hope for making a difference this way, but there’s some, and that’s better than I can say for personality politics and representative elective oligarchy.

See also:

Two cheers for police corruption

Friday, September 12th, 2008

So there are a lot of cops who are involved, somehow or another, in the drug trade. Sometimes they sling the drugs themselves; often, they just protect drug dealers from arrest. Like any form of Prohibition, government Drug Prohibition creates a condition in which there are lots of black market operators who are willing to pay bribes, and lots of cops who are willing to take them, in order to keep the drug trade running without police interference. The cost of the bribe is a drain, but the profits from a well-run drug dealing outfit make up for it, and the cost of the bribe is less than the cost of getting locked up in prison for several years. In fact, the Drug War Chronicle runs a regular feature called This Week’s Corrupt Cop Stories, which I guess is intended to show how the conditions fostered by Drug Prohibition inevitably produce police corruption. A point which is pretty well conveyed just by the fact that they have plenty of stories to run every single week, as much as by any of the individual stories that they run.

But there’s a problem with the word corrupt. To become corrupt is to become impure, damaged, or worse. To be corrupt is to be doing something wrong — and when we apply it to people, it usually means that someone is bribed into doing something depraved in exchange for some form of material reward — most commonly violating personal or professional ethics in exchange for money. But protecting a drug dealer from arrest is only unethical if you have an ethical obligation to arrest drug dealers. If, on the other hand, Drug Prohibition is unjust — if enforcing drug laws means violating the rights and the freedoms of innocent people, often by locking nonviolent offenders in a cage for years at a time even though they violated nobody else’s rights — then cops have no ethical obligation to arrest drug dealers, because nobody has an ethical obligation to do an injustice to innocent people. Then a lot of what commonly gets called police corruption is really nothing of the sort; so-called corrupt cops may be turncoats in the Drug War, but they are turning from the wrong side to the right side. Those who protect drug dealers from arrest are no more dirty than cops in antebellum America who refused to turn fugitive slaves over to the slave-catchers, or cops in Nazi Germany who refused to turn hiding Jews over to the Gestapo.

Of course, someone who has to be bribed into doing the right thing may not deserve blame for what she does; but she probably doesn’t deserve praise either. And so-called corrupt cops may in fact do other things that do deserve blame. (Many, if not most, of the narcs or patrol cops who get involved in the drug trade do end up acting much like Terrence Richardson in Houston — that is, as thieves, thugs, or shake-down artists, using their police power or threats of violence in order to intimidate and coerce competing drug dealers who don’t have the same connections to the Gangsters in Blue. But here the problem isn’t that the cop is slinging drugs. The problem is that the cop is cracking skulls of other people who sling drugs, and getting the drugs he slings by stealing them from other drug dealers.) Hence the two cheers, rather than three. But then consider a case like that of Keenan Colson, a cop in Lake Wales, Florida:

Lake Wales police officer Keenan Colson, 50, was arrested Wednesday by the Polk County Sheriff’s Department on multiple charges stemming from information he leaked to 25-year-old Clayton Hoerler, a known criminal offender, including blowing the cover of an undercover cop, said LWPD Chief Herbert Gillis.

[…] Colson faces one count of conspiracy to engage in a pattern of racketeering action, five counts unlawful use of two-way communications device, and four counts unlawful use of computer access after he was tied to an investigation that ultimately netted 18 people arrested in conjunction with what was described by county law enforcers as a violent marijuana distribution ring.

Polk County Sheriff Grady Judd agreed with Gillis, noting in a phone interview Thursday that the blame rests solely on Colson and his actions.

It’s important to point out we don’t in any way suspect anyone other than Keenan Colson. We don’t want to leave any impression of that being anything other than an ethical police department. They run a great shop there. The men and women there are very dedicated. This is just one crooked cop, he said.

But it was one cop nobody seems to have expected to compromise the integrity and safety of his fellow police officers.

Colson’s actions sent shock waves throughout the LWPD.

Captain Patrick Quinn said he was hurt and shocked because he regarded Colson as the rock, a man who was always there, went to his calls, took his reports, was dependable.

Quinn, who was not involved in the investigation, was briefed about the situation on Tuesday.

Several people fall from grace, he said. That stinks, that hurts. We hire people, unfortunately people are going to do stupid things sometimes.

Quinn said Colson made a bad choice and was going to have to answer for his bad choice, but added that everyone in the department was upset.

We have lost a member of our family for his bad choice, he said.

What frustrated the chief so much is the concept that the lives of other officers were put in danger. Undercover work presents challenges of it own, he noted, calling it one of the most dangerous jobs in law enforcement because of its vulnerability.

And for Keenan Colson to identify to criminal offenders, this undercover officer, this undercover deputy, could have caused him to be killed, and could have caused the deputies that were working with him, the undercover officers to be injured, he said. That is something that will never be forgiven.

Gillis said Colson’s arrest was about justice for the police officers that are doing a good job every day. And it is those who trusted Colson that wonder what went awry with him.

Having had no prior indications to believe that Colson was capable of betraying his fellow officers, the chief described Colson as a very likable guy, very respectful, very quiet, very courteous.

How he got hooked up with a known criminal offender still stumps investigators, Gillis said.

Judd said he isn’t sure of the connection either, but said investigators did believe there was a prior relationship. In the late 1990s, Colson was an officer in Lake Hamilton, and Clayton Hoerler, identified as being one of the alleged ring leaders, apparently lived in Lake Hamilton at that time as well. Hoerler, 25, was identified this week by the county sheriff’s office as being a Lake Alfred resident.

We know from the investigation that they were good friends, Judd said. We know they discussed criminal activity freely, and that Colson give him intricate instructions in how to avoid arrest and how to protect himself from covert investigation. He was certainly the consultant for Hoerler.

Kathy Leigh Berkowitz, The Polk County Democrat (2008-08-18): Lake Wales Police Officer Arrested for Leaking Information

If that’s what Keenan Colson did, then good for Keenan Colson.

The Drug War is an aggressive war by the government against innocent people. Neither using marijuana, nor selling marijuana violates anybody else’s rights. Like all so-called victimless crimes, it is in fact not a crime at all in any moral sense; crimes have identifiable victims, and consensual exchanges between willing parties have none. Cops who use force to shut down drug dealing outfits — and that is the only way that cops shut anything down, by beating people, tasering them, pepper-spraying them, pulling guns on them, restraining them, handcuffing them, confining them in police cars and holding cells, and ultimately by having them locked up in cages for years at a time, all of it backed up by the threat of inflicting pain, injuring you, or killing you if you should resist their orders — those cops, I say, are using violence against peaceful people; they are hurting, restraining, and imprisoning people who have never violated the rights of any identifiable victim. If they come after your friends on the basis of these unjust drug laws, then, morally speaking, they are the criminals, and using your connections and your knowledge of the system in order to defend your friend and his livelihood from their aggression — by telling him how to avoid detection, by telling him how to keep from getting unjustly arrested, and by exposing the undercover police spies who have been sent to infiltrate his circle and facilitate the narcs’ efforts to seize innocent people and locking them in cages for the next several years, is not corrupt. It’s certainly not an unforgivable sin. That’s protecting the innocent, and doing so while putting yourself at considerable personal risk from the same uniformed gang that you are trying to protect your friend from. It is, in fact heroic, and Keenan Colson deserves the title of hero far more than the vast majority of the arrogant, preening, entitled cops who never stop hollering about their own heroics and the protection they inflict on unwilling recipients every day.

Meanwhile, the police chief in Lake Wales has decided to engage in a low form of farce:

If your officers do commit criminal acts, they need to be arrested just like anyone else, the chief said. A lot of times things may be handled where people may be just terminated or let go. That’s not the way you are supposed to do things, that’s why I told the officers around here hold your heads up. We’ve been through a lot, we’ve been in the paper a lot with our officers who have done stuff wrong.

We are going to hold offenders accountable, because we hold our people accountable. To me that is a good thing because we hold ourselves accountable first, we hold offenders accountable second. And that’s a position you want to be in law enforcement, that’s accountability, that’s integrity, he added.

Kathy Leigh Berkowitz, The Polk County Democrat (2008-08-18): Lake Wales Police Officer Arrested for Leaking Information

That’s bullshit, is what that is.

When cops harass, unjustly imprison, beat, hurt, torture, rape, or kill the people that they contemptuously dismiss as civilians, there isn’t a damn bit of accountability. They may be transferred to another precinct; they may be given a paid vacation for a few months before fellow cops exonerate them in administrative hearing for a few months; in really extraordinary circumstances, where evidence of guilt is undeniable and has also, by the way, been reeased to the public, someone might actually lose their job over it. But they will almost certainly never face jail time, or any criminal responsibility whatsoever, for what they do. As the victim, you might, if you are very lucky, get an Oops, our bad; realistically, what you’re more likely to get is Fuck you, civilian.

The reason that Keenan Colson has been arrested and is now threatened with jail has exactly nothing to do with any general commitment by the police force to accountability or integrity. The unforgivable sin for which he is being arrested and prosecuted is the fact that he gave out information that messed with the game of the other cops who were coming after his friend. Cops protect their power, and they’ll do just about anything to anybody who endangers that by valuing the safety of a friend over the ability of his gang brothers to go on with their activities unimpeded. Keenan Colson is only the latest to get the long knife treatment for the unforgivable sin of acting like a responsible human being at the expense of gang loyalty. He won’t be the last.

(Via Drug War Chronicle 2008-08-29 and Drug War Chronicle 2008-08-22.)

Neighborhood Safety Ghettoes in D.C.

Thursday, June 5th, 2008

So, there’s this poster that’s been circulating around anarchist, civil libertarian, and lefty blogs for a few months now. It’s become popular because it’s funny (in a nerdy way), and also because it makes an important point:

It has a photo of a column of people dressed as Imperial Storm Troopers from Star Wars is marching down a city street. Caption: Fascism: You really think it'll be this obvious?

But, well, the awful truth is that, as with so many other things in American politics, the answer to that rhetorical question can’t really be taken for granted, because it really depends on what kind of neighborhood you live in. The poster makes an important point addressed to, and about the daily lives of, people of a particular socioeconomic class (specifically, the people who most often spend their time reading blogs). For many if not most people in other social classes, the answer really is just, You bet it will. Or, It already is. Has been for decades. Where you been?

For example, consider the cops plans for improving neighborhood safety in the D.C. Ghetto. No, I’m not using that last word as a careless synonym for slum. I am using it in the most literal sense.


D.C. police will seal off entire neighborhoods, set up checkpoints and kick out strangers under a new program that D.C. officials hope will help them rescue the city from its out-of-control violence.

Under an executive order expected to be announced today, police Chief Cathy L. Lanier will have the authority to designate Neighborhood Safety Zones. At least six officers will man cordons around those zones and demand identification from people coming in and out of them. Anyone who doesn’t live there, work there or have legitimate reason to be there will be sent away or face arrest, documents obtained by The Examiner show.

Michael Neibauer and Bill Myers, The Examiner (2008-06-04): Lanier plans to seal off rough ’hoods in latest effort to stop wave of violence

Guess who decides what counts as a legitimate reason for being in the neighborhood — the people who live and work in that neighborhood, or the government’s goon squad?

Lanier has been struggling to reverse D.C.’s spiraling crime rate but has been forced by public outcry to scale back several initiatives including her All Hands on Deck weekends and plans for warrantless, door-to-door searches for drugs and guns.

Under today’s proposal, the no-go zones will last up to 10 days, according to internal police documents. Front-line officers are already being signed up for training on running the blue curtains.

Peter Nickles, the city’s interim attorney general, said the quarantine would have a narrow focus.

This is a very targeted program that has been used in other cities, Nickles told The Examiner. I’m not worried about the constitutionality of it.

Michael Neibauer and Bill Myers, The Examiner (2008-06-04): Lanier plans to seal off rough ’hoods in latest effort to stop wave of violence

Just so we’re clear, neither am I. I couldn’t possibly care less whether surrounding poor neighborhoods with cops, giving everyone the Ihre Papiere, bitte treatment, and chopping a community up into police-occupied strategic hamlets for the purpose of a government quarantine without any probable cause whatsoever for believing that any of the individual people you will be surrounding, stopping, hassling, and threatening with jail have ever committed any crime against any identifiable victim, is or is not countenanced by the United States Constitution. Who cares? The basic problem with terrorizing and brutalizing entire neighborhoods is that it is evil and incredibly dangerous, whether or not the Constitution allows for it.

Others are. Kristopher Baumann, chairman of the D.C. police union and a former lawyer, called the checkpoint proposal breathtaking.

Shelley Broderick, president of the D.C.-area American Civil Liberties Union and the dean of the University of the District of Columbia’s law school, said the plan was cockamamie.

I think they tried this in Russia and it failed, she said. It’s just our experience in this city that we always end up targeting poor people and people of color, and we treat the kids coming home from choir practice the same as we treat those kids who are selling drugs.

The proposal has the provisional support of D.C. Councilman Harry Tommy Thomas, D-Ward 5, whose ward has become a war zone.

They’re really going to crack down on what we believe to be a systemic problem with open-air drug markets, Thomas told The Examiner.

Thomas said, though, that he worried about D.C. moving towards a police state.

Michael Neibauer and Bill Myers, The Examiner (2008-06-04): Lanier plans to seal off rough ’hoods in latest effort to stop wave of violence

But what the hell did D.C. Councilman Harry Tommy Thomas expect, anyway? You can’t go around pushing your paramilitary crack downs with rhetoric about war zones and then act all surprised when you get a police state. If you plan for an occupation, you can expect that you are going to get lock-downs and de facto martial law.

Radley Balko writes:

Last week, I received the following email:

I live in Eckington, a transitional neighborhood in northeast DC. I got a knock on the door this morning from a guy with ACORN (looks like a lefty community group that I’d never heard of) saying that DC police would be coming around shortly asking to search homes in the neighborhood for guns, and explaining we had the constitutional right to refuse, etc. He added that anything the police find they can use against you because you never know what a friend of a friend might have left in your house Not sure if he told me this because I had just gotten out of bed and had answered the door in my bathrobe looking disoriented, but I digress. He was handing out a packet of info from the ACLU including a nifty doorhanger you can put out that says NO CONSENT TO SEARCH OUR HOME. One of my neighbors told me the guy told them they were only doing this in poor black neighborhoods, and this notice from the ACLU that I found online seems to bear this out.

I know it’s not exactly a wrong-door no-knock raid, but I am concerned because while I certainly don’t want the police (or any other strangers) rummaging through my junk, I’m kind of afraid of what would happen if I refuse the search. I already live on one of those streets with the surveillance cams installed. Does my address get marked for being uncooperative or suspicious? I should mention of course that I don’t own any guns and have never touched anything more powerful than a bb gun.

You are free to refuse the searches. But if a regular reader of this site feels uncomfortable asserting that right, you can imagine how other people subject to these searches might feel.

Radley Balko, The Agitator (2008-06-04): Police State D.C.

Please also keep in mind that this is the same metro police force which will toting around AR-15 assault rifles as they surround and cordon off and do door-to-door searches and raids in these inner-city neighborhoods.

Do you feel safer now?

See also: