Don’t these folks have right to counsel? And if so, why aren’t they using it?
7
@Wolf They have a right to counsel, but if the sentence is going to be relatively short (under 1 year typically) they don't have the right to a public defender. Not coincidentally, cops like to pick on people who can't afford to hire a lawyer.
13
Would love to see a New York Times article on the very shadowy and even corrupt ties between the bail bondsmen industry (an incredibly corrupt and overlooked institution in America), the police, and prosecutors.
Bail bondsmen essentially extort wealth, backed by the power of the police (very few bail bondsmen actually have bounty-hunters of their own, as most bail bondsmen are near frauds and Vince McMahon poseurs, who act tough, but are white-collar frauds with no bite of their own).
When was the last time there was a Law Review article on the Bail Bondsmen? Virtually never. How many law professors speak out against the Bail Bondsmen? Virtually none because very few law professors have practiced law, and essentially none have practiced criminal law with a singular focus.
Guarantee you that many bail bondsmen are paying off police and prosecutors and judges "on the QT".
What a corrupt system of justice we have. Only law professors profit on the backs of students, and everyone else profits on the backs of the arrested.
5
Good God. This is sickening. How did it get to this? The Founders would be horrified.
This practice is part and parcel a major element in the systemic criminalization of African Americans. Do you think the average, middling-paid officer will have empathy for poor blacks?
10
I wonder how many people here in the U.S. view our :civilian police force" as para-military in essence?
4
A Kiwi I know who, works in outdoor education, often goes to the US in the Northern Summer to teach kayaking. He and his long-term partner were walking down a street in Idaho and play wrestling with each other.
A witness, misinterpreting and thinking an assault was occurring, called the police. Not long after, the police knocked on their motel room door. He was arrested. His partner, despite pleading his innocence and trying to explain, was told firmly to shut up. (Since in domestic abuse cases often the victim will defend the abuser, Idaho's solution is to disregard anything the woman says if it does not fit the narrative of assault).
He spent the next month trying to sort this out (I wrote a letter of good character for him). He was banned from having any communication with his partner (so the only way they could communicate was through third parties). The public defender was inadequate, and he finally was forced to plea to a misdemeanor and pay a fine for something he never did just to forestall much more serious consequences.
1
The bottom line is that one should perpetrate any crime whatsoever. So, if one doesn't commit a crime one doesn't have to worry about anything in this article.
2
Unless one is police officer making a false arrest.
5
Once again, the obsession with money is at the root of our injustice system. I doubt that the cost of being arrested is factored into the calculation of inflation. Yet our system manages to find creative ways to extract value from those least able to afford it. Fines, interest on fines, prosecution for non-payment of fines (leading to more fines), bills from public defenders, cost of incarceration for those unable to pay fines, charges from collection agencies all constitute a nice little industry. Prosecutors are assessed by how many guilty pleas they produce. Now we see the police getting into the business taking on the roles of prosecutors who don't want to do their jobs, or (more likely) don't think they can get a conviction.
We'll probably soon see police protection insurance being marketed, with tiers of protection available. "Sorry sir, your coverage doesn't include being robbed in a high crime area." Only in America. (a nation of laws, we're told)
68
It seems to me that the problem is twofold. First requiring bail for minor offenses; second that trials are far too delayed, violating the right to a speedy trial.
3
As a white male with a graduate degree who routinely wore a suit & tie to work every day for 40+ years, I definitely benefitted from the discretion of police to charge or not charge misdemeanor offences. I have received one speeding ticket since graduating from college, although I was stopped at least once every year or two and “admonished” to drive more thoughtfully. The facial expression of the officer stopping me would undergo an immediate change when I lowered my window. I was also unfailingly polite; and, while that helped, the obvious white privilege has more to do with my lack of documented traffic offences. Many of my equally educated black colleagues were rarely as fortunate for exactly the same behaviors.
Granted that speeding tickets are not capital crimes, the court systems exemplified by Ferguson MO are blatant examples of the points raised by Ms. Natapofff. This underlying bias, frequently employed to managing misdemeanor offenses, does create a basic distrust of the nation’s judicial system. All else being equal, I know I will receive a greater benefit of the doubt more readily because of the accident of my Caucasian birth than others in our society. That thwarts the principle of a nation of laws equally enforced for all.
12
"The ultimate aim — and the thing voters should demand in the next election — is to ease the flood of misdemeanor arrests and convictions that quietly derails millions of people’s lives every year and that exacerbates some of the worst injustices of our criminal system."
This flood could be eased by the voters in a much simpler fashion. Just stop committing misdemeanors.
2
@mikecody You are making the mistaken assumption that just because you've been arrested for a misdemeanor, you've committed a misdemeanor.
9
more than a century ago justice Holmes said law is the end of the policeman's stick.
1
@Rhporter Might work if every policeman has to slit holes in his shirt for the wings to come through. Unfortunately, a lot of them have to have holes in their hat, instead . . .
3
Most police officers are criminal thugs who care nothing for the people they are supposed to protect and serve. If you think they will reform you are dreaming.
8
Officers quietly wield a lot of unchecked prosecutorial power against CRIMINALS!.
1
The FBI can "disrupt" lives of suspects even after they have been cleared of crimes. Judge, jury, punisher.
https://theintercept.com/2016/02/18/fbi-wont-explain-its-bizarre-new-way-of-measuring-its-success-fighting-terror/
1
Remind me why you leftists love the government so much?
1
Here’s a thought, don’t break the law in the first place and you don’t have these problems. Pretty simple.
2
Why is it everything like this "justice" takes place in the old south? Explanation, please . . .
3
No shit. Where have you been? Cops are absolute authority. One cannot question the idiots...er uh cops. (White) Americans love their fascist cops.
Oh and don't live in a redneck state. Don't even visit it if you don't need to. That is a warning. I have nothing but derision for stupid people who flock to redneck states, then are shocked at the backwards nature of redneck-land.
6
@Mogwai Two sides of that coin . . . ever heard of 'infiltrate and divide?' That's what happened up north after the Civil war when the factories sent out a siren call to the south, and they migrated north for jobs. Now we're reversing the trend . . .
1
As a criminal defense, I can attest to another glaring problem, Municipal Courts. These lower jurisdiction courts abuse the poor of all colors. Its a national epidemic that places warrant fees on top of large traffic fines and a never ending connection with the citizen. NYT did a piece on Ferguson and the anger that stemmed from these petty courts that was catalyst for the unrest. Police prosecutors are of course ridiculous, but the larger problem is muni court systems.
10
It all makes sense when put into the context of the justice system being a lucrative, for-profit business. Who's going to upset that apple cart?
3
"Prosecutors typically lack the time and resources to screen hundreds of minor arrests" Too bad, justice takes effort. The rest is fascism.
9
Cops are judge, jury, prosecutor and executioner.
9
Sounds an awful like the FBI.
Respect is the most important aspect in how the police are judged and the same in how the population is judged. Once respect is lost the whole system fails. Once the Officer decides to be the prosecutor and judge he quickly loses the respect of the people he is supposed to protect and serve. Whether the Officer does this for personal biases or community wide biases the effect is the same, the dehumanizing of the population. They in effect become the enemy. When they add the financial intimidation, as they did in Ferguson Missouri, it only becomes worse. This is Jim Crow in charge!
3
Are you a cop and don't like people to feel negatively towards the police? Then change the way they act. Think it's just a few bad apples? Go make a rancid pie. The bad apples are the barrel. If it was just the odd rogue cop that caused problems why don't the "good apples" stop the criminal behavior of the thugs with badges? You first officer. It's the system, and no one bucks the system. I was twelve years old the first time a cop lied to me, and twelve and a half years old the last time I believed one. Never forget who the Police work for. They serve and protect...the ruling class. And never forget that the police are, after President Pinocchio, the most gifted and prolific liars in the country.
Any attorney in the county can give you a long list of ways to handle interactions with the police, but the first is: Never talk to them without a lawyer. Never give them more than your name and address. Never, ever, trust them. I'm white and older. Imagine what it's like for the less fortunate.
Yes, we need cops, and we'd have chaos without a police force, but that should never give them carte blanche to act as they do. Travel, go to civilized countries, (no, I don't mean OTHER civilized countries). When we can have a fair and law enforcement force which doesn't cause fear in two thirds of the citizens, then I'll call us civilized.
8
It is a deep sadness to tolerate the southern version of our criminal justice system. I will not be travelling into a southern state in my lifetime.
7
@Interested
Yup, nor racist police practices in NY, that's for sure!
*cough*stopandfrisk*cough*
2
These cases are the lucky cases.
Departmental policies, local, state laws and Superme Court rulings have allowed the policeman to become the judge, jury and executioner! With little or no accountability from anyone.
When you start from the point that a police officer is always justified, the community and citizen will always be the loser.
7
America has too much police fbi and military,we could do away with half of it and no one would notice.
4
Why to we arrest and prosecute people? That hurts people. So we are hurting people to say that it’s wrong to hurt people. The way to end mass incarceration is to end all arrests of minorities right now! Demand Justice—No More Arrests!!
1
@Fred If you can start a movement for No More Crimes, then the No More Arrests movement would make sense.
When the police become prosecutors and proceed to execution, the dead tell no tales.
3
I mistrust municipal police who are mostly mercenary gunslingers poorly trained in the use of firearms and self-control.
Better to rely on "one's own beautiful and faithful weapon" *).
*) From Alexandre Dumas, "The Queen Margot", words from a verse engraved on a long gun of King Charles IX that he brandishes during the Night of Saint Bartholomew in 1572.
As a former state prosecutor, it was much more difficult to ditch questionable cases than it was to prosecute them. The article is largely correct in that, in the state system (or Florida, at least), the discretion of law enforcement officers is often the determining factor as to who gets prosecuted. That said, this "street-level" discretion can be--and many times is--used wisely. I know of many instances in which an officer declined to make an arrest for any number of reasons, including the age of the offender, etc. In my experience, it was often the maturity and experience of the officer which made the difference between a solid case that deserved prosecution and a dumb case that needn't be prosecuted.
17
Therein lies the problem. We are relying on the “maturity” of an officer to make a potential life altering decision. Where in our constitution is that authority granted? Clearly, we are taking shortcuts with justice and that is a dangerous place to be.
10
Perhaps the current reality : "permanent criminal records that can derail their future employment, housing and education.", is the greater problem, or at the very least as much of the problem as the decision to prosecute.
Obviously the greatest problem in the criminal justice system, as with all of our systems, is racism.
3
The Constitution should be amended to contain the following article: "No victimless behaviour shall be considered a crime or misdemeanour, and no person shall be considered a victim on purely subjective grounds."
5
Every time a police officer uses his or her weapon (be it firearm, fist, foot or baton) against someone who may or may not be a threat, or may or may not have committed a crime, they are denying that individual their day in court, especially if the encounter kills them.
I do not believe in "street justice" - and no American should. No minor infraction should end in the death penalty, and yet if you are a person of color selling cigarettes or driving with a broken taillight, it has.
A young black man from my community who had the audacity to be driving a Mercedes after 10 pm was followed into a gas station by officers from a neighboring jurisdiction. The young man went into the mini-mart to buy a soft drink. When he emerged, he was ordered, at gunpoint, to the ground, where he was beaten by the officers for "resisting arrest." Witnesses attested that he complied, though in the way any innocent person who did not happen to be black would. Such as myself.
A young black guy, driving a Mercedes, at night, buying a soft drink, in his home town.
Our entire community came together, attended town hall meetings in both precincts, and did our best to bar the adjoining PD from entering our unincorporated limits without first being requested by our local law enforcement. The matter is still being litigated.
I am a 60+ white woman. I have 2 grandchildren who are not white. My gut clenches whenever I see a patrol car. I no longer trust anyone in law enforcement.
32
“In contrast, federal prosecutors decline about one-third of felon cases and some jurisdictions screen misdemeanors more rigorously too.”
What does the one have to do with the other? I am a county prosecutor & my office declines to file about one-third of felony cases submitted to it by police. But this article purports to be about misdemeanor prosecutions, which federal prosecutors seldom deal with, if ever. How is the rate of declination of felony charges by federal prosecutors even relevant to the issue of who charges jay walking and at what rate?
It seems like the author just stuck that in to impress us with her knowledge. But it really distracts from the point. Why didn’t she discuss to some of those jurisdictions that screen misdemeanors more rigorously instead of dragging in irrelevant federal felony charging?
2
@Catherine Glickman An academic exercise. Lucky to be a defender in NYC where everyone gets lawyer, part of a robust defense bar to overcome policy shortcomings. 38 years of assigned felony work: 1/3 were dismissed; 1/3 reduced to misd., 1/3 convicted by plea or trial. we had to keep stats.
The institutional problems here remain the same: overworked prosecutors, many over-reaching, as well. And, totally overworked and financially bereft defender services. 38 years has netted one raise 15 years, ago. I live in Manhattan with office in Brooklyn. Rates have never been sustainable. While progressive politics are prevailing, money is not flowing to the most integral parts---lawyers. (Judges get regualr raises.)
1
if one third of your country's felony arrests aren't filed on why would anyone expect that the misdemeaner arrests are better
1
As long as the rich will be able to force justice to serve them properly, everything is fine.
3
Police in small districts that act like prosecutors are like journalists in small districts that report unsubstantiated stories. They are both way in over their heads and they both abuse their responsibility by distorting the truth.
1
This practice is insane. It give rise to two very serious risks that undermine the fundamental concept of due process. The first is that having the police present the state's case is an invitation to abuse. The role of a prosecutor is to present the case against the accused dispassionately and without personal interest and to ensure that, even at a misdemeanor level, justice is done.
The other risk is that the prosecution is placed into the hands of untrained and usually incompetent hands, which could lead to guilty people getting off. The "law and order" fanatics that like the idea of police prosecutors seem to overlook this.
Or should we really streamline the system and allow the cops also to be judges... with a quick trial in the police car on the way to jail?
3
Venality. You're not going to believe this, but in even semi-recent American history, venality was considered a bad thing. Today? Anything goes.
2
The "kids for cash" scandal centered on judicial kickbacks to two judges at the Luzerne County Court of Common Pleas in Wilkes-Barre, Pennsylvania. In 2008, judges Michael Conahan and Mark Ciavarella were accused of accepting money in return for imposing harsh adjudications on juveniles to increase occupancy at for-profit detention centers.
Ciavarella disposed thousands of children to extended stays in youth centers for offenses as trivial as mocking an assistant principal on Myspace or trespassing in a vacant building. After a judge rejected an initial plea agreement in 2009, a federal grand jury returned a 48-count indictment. In 2010, Conahan pleaded guilty to one count of racketeering conspiracy and was sentenced to 17.5 years in federal prison. Ciavarella opted to go to trial the following year. He was convicted on 12 of 39 counts and sentenced to 28 years in federal prison.
In the wake of the scandal, the Supreme Court of Pennsylvania overturned hundreds of adjudications of delinquency in Luzerne County. The Juvenile Law Center filed a class action lawsuit against the judges and numerous other parties, and the Pennsylvania state legislature created a commission to investigate juvenile justice problems in the county.
7
Under Reagan and private prison expansion, the prison population tripled. And GOP campaign donations soared.
4
I agree with the findings of this study. But our reforms must go further.
Police have been asked to perform duties that can and should be done by other municipal authorities. Marijuana possession is one. There are twelve states that have already de-criminalized marijuana and some are beginning to see opioid addiction as a public health issue, not a criminal justice matter.
This is all positive. Now we need to remove the police from dealing with the homeless, except in a on call back up role.
Homelessness and their attendant trespassing and disorderly persons charges should be eliminated as police work and handled by other municipal agencies.
Finally, we need to establish serious, well staffed and funded mental health services. Rather than calling 911 when someone is having a mental breakdown, citizens should have the option of calling for emergency civilian mental health intervention. Again with police only in a back up role.
By removing homeless issues, mental health crises and minor drug passion from police jurisdiction our police can do a better job of protecting life and property and we can avoid many of the violent civilian police encounters that occur when they are asked to do what they aren't trained for.
8
The lawyerless system in South Carolina is no accident. It was intended to allow results tailored to the defendant, who in turn was meant to be a poor person--poor white, certainly, but especially poor black, and especially poor, black and male. It was part of a low-tax, low-service system that rich white people were meant to float on top of, and that poor white voters were meant to tolerate by reminding them constantly that at least they weren't black. Achieving justice in a system like this means changing the assumptions behind the system and setting up a new system with different goals. It needs a majority of active voters willing and able to turn out and elect different officeholders, and in some cases it may need wholesale replacement of law enforcement personnel, not something at all easy.
15
Isn't an arresting officer "prosecuting" a case a direct conflict of interest?
8
Another example - among countless examples - of how the police are totally out of control and need to be reined in. Under what perverted system are cops allowed to be not merely the entity allowed to charge an individual but then turn around and be the prosecutor, judge and jury, as well?
As it is, far too many people become police officers because they have an authoritarian complex. It's a key reason why so many citizens - especially those of color - are shot simply for the crime of walking or driving while black.
A former neighbor was the chief psychologist for a major city police department. She told me on numerous occasions that her primary function was to weed out the truly crazy psychopaths who wanted to join the force. But she knew that she stopped only the worst of the worst - that far too many clever crazies slipped through the cracks and were walking around with guns strapped to their hips and a license to kill.
This is simply another assault on democracy and it must be stopped. Now.
8
I was prosecuted in Colorado for criminal harassment based on a police short form that was signed only by the wife of the city council president (Kevin Bennett, a convicted felon). There was no criminal complaint and no arraignment only a short form like used for parking tickets. I hired two lawyers who pled me not guilty. One, Sandra Gardner, is now a judge. The assigned assistant district attorney was married to a real estate developer with business affected by city decisions. Jane Bennett, who signed the criminal charge form, admitted in court that I never touched her, never followed her around, hadn't called her in years, and that the last time I spoke to her I simply asked if she smelled smoke. Her police report said I was always careful to never cross the property line. Her employees admitted that they never saw me on her property or anywhere near her. The assistant D.A. dismissed the charges against me but told the press that there was probable cause. She refused to have a probable cause hearing. After discussion of fishing trips, the judge issued a permanent restraining order saying that I could be arrested if Jane Bennett was within 30 feet of me -- 30 feet that went inside my property. She followed me around and reported me to the police for being outside in my yard. She followed me through Walmart attempting to take my photograph to prove I was near her. The police went to the school to ask my son where I was and came to my home many times at her request.
15
A very good article. Well written, factual , informative and rightly concerned with the denial of justice for the many who are not wealthy or white.
I would like to see more of this and less of the e'verything in the world is Putin's fault' McCarthyism we see EVERYDAY. Indeed even in this article you will read comments that ignore this article and its insight into the fundamental disfunction of our justice system, instead, even here, prefer to go on about Mueller, getting Trump and Russia in an article that has nothing to do with this but a very longstanding and THE deepest social wounds caused by the Police State nature of our present 'liberty' and rights denied for the poorer elements who cannot afford a lawyer and will be expected, via plead bargaining, to plead guilty whether they are or not.
As someone who works with disadvantaged youth, mostly voluntarily, let me say that for the youth, knowing the police see you first as a criminal NOT a citizen, has so many negative effects as does being stopped everyday by lethal force, just because of your age, gender and skin tone, rather that evidence.
This, the utterly corrupt nature of private prisons and kick backs for arrests and in prison salve labor show how we are still a primitive corrupt unjust society but many prefer to just blame Rap music as though gangs have always been formed where many young men and some young women are poor and have low or no prospects. Crime becomes their job and the gang their false family.
11
Criminal justice, like anything in America isn’t about criminals, nor is it about justice. It’s about money. What did you think was going to happen when we all voted for lower taxes, which strains our police forces to the point they have to go out looking for revenue through trumped up charges of jay walking, tresspassing or loitering? It’s not just about prosectors, or judges or cops. Even after all that happened in Ferguson the people voted down needed changes because their taxes would go up. So the cops go back to shaking down the citizens, the prison complex continues to buy and pay for politicians who will be “tough on crime,” and we as Americans deal with the current criminal in-justice system we have.
6
United States has the largest prison population in the world. The top 5 countries:
U.S.A-- 2.2 Million
China -- 1.6 Million
Russia-- 649,000
Brazil -- 607,000
India -- 414,000
Are Americans predisposed to commit more crimes compared to the rest of the world or is it something else?
As long as we have the profit making private prison systems, there is great incentive to keep them filled. In per capita or absolute numbers we put the largest number of people in jail than any other country. Private prison system should be abolished.
Unequal justice is racial and based on our wealth and social connection and more difficult to address.
However, it is a fact that it costs more money to keep a prisoner in jail than spend that money in reform measures and addressing the causes of crime which will yield better results.
13
Tough. Isn't it terrible that people who are convicted of committing crimes get fined or sentenced to jail. Why not just advocate for the elimination of criminal laws? That would make all the law professors happy. There isn't really much evidence of unfairness in how people are treated in this column. It is basically advocating the view of the defense attorneys and defendants.
2
@Gordon Wiggerhaus - Clearly, you did not read the piece or even think very much about what it said. It decries the reality that, in my jurisdictions, out-of-control cops are the criminal justice system for minor offenses that probably are not an offense at all. You hold the views you espouse here but are allowed to sign contracts and vote? No wonder America is in such deep trouble.
9
This article did not mention the common practice of grossly over charging during a arrest. How is resisting arrest without violence a crime? The police are out of control and should be nationalized as in every other civilized country.
6
As a white woman, I have been the beneficiary of officers' discretion around traffic violations. Even as I rejoiced in not getting a ticket, I knew it was not fair.
14
I have never known the white man or woman who was ever stopped by cops. But black and brown bodies are killed, or if they survive the “stop” jailed for life. End prison now!
1
Part and parcel of the U.S. blowing its golden opportunity to have had a smaller and better behaved citizenry. Decades later, problem people are as permanent as the $hundreds of billions thrown at the criminal justice system to manage it all.
1
How'd this massive criminalization machinery set up shop in the land of the free and home of the brave? Like our country's obsession with guns and gunslinger justice it seems contradictory and flys in the face of common sense and decency, freedom and equality, peace and civility.
Fake news? What about fake values? The way our society and institutions operate often looks like the antithesis of justice, looks inhuman and authoritarian, often seems in contempt of human rights at home while preaching it to others abroad.
Let's support those who seek to reform this train wreck of criminalization and incarceration. Indeed our whole society needs a makeover, and not by the same law and order types who created the unjust and unforgiving system in the first place, that's neither fair nor impartial. Living wages for all, human rights for all, not just for the haves who can buy justice.
7
Justice is not blind. Only a fool would think otherwise. Every prejudice and bias we are raised with or grow to believe is played out with every police stop, prosecutorial deal, or sentence by a judge. They’re called “extenuating circumstances”, though they’re just an excuse to let biases play out. Biases are life experience not necessarily grounded in fact. The only way to check it is by weighing one set of biases against another. That takes time and money.
So that brings us to the cross roads of expediency and fairness. I for one believe in paying it forward, since it could be me or one of my family members that is in jeopardy one day. While it may appear to be less expensive to take shortcuts with justice, the real costs to a society, or to oneself, can be immeasurable.
3
I’d find the author’s argument more convincing if her examples to follow list didn’t include the Bronx and Baltimore...
1
"even though the two groups use marijuana at the same rates." Something like affirmative action might work, namely, if the number of arrests per capita in one group gets, say 20%, more than the other at one moment, police cannot arrest suspects in the first group for a couple of months, until the rate gets even.
2
Why are states and localities still prosecuting massive numbers of minor drug matters? Besides the horrible human impact, isn't it costly to cities and counties?
10
@Lisa W They're required by contract to keep the beds in privately owned prisons occupied, regardless of whether or not there are actually enough people committing crimes.
4
@Lisa W Because the voters have not elected representatives who want to change the laws. I do not support, and I hope you do not support, allowing the police to decide what laws to enforce. That could have serious consequences in areas where the police are not in alignment with anti-discrimination laws, for example.
In a organic, functioning society, the wisdom that informs the social order comes from the grassroots and the center, not from the fringe or the powerful mainstream with its inert class issues of wealth, lethal non-violence, and racial, political, and gender conflict. (For instance, slaves could be starved or hanged. Apartheid aside, when stop and frisk ended, black males and females began being stopped and questioned on no legal authority in the buildings that are their homes and lodgings, omitting due process.)
Mueller aside, Trump’s impeachment is possible on human rights violations alone. On charges of contributing to genocide brought before the Hague, on behalf of 85,000 Yemeni children. At home, Trump locks immigrant children in cages. His immorality, payoffs, lies, and incompetence have damaged world markets, supply chains, commodity pricing, and send stock markets into free-fall. His failure to protect amendment nine rights is a violation of his oath of office.
Beyond Mueller and the media’s obsession with established Russian intrusions, plenty of “show cause” actions exist that could indict Trump in every court of authority, including knowingly aiding and abetting a criminal enterprise and lying about it. Documentation and research exists for winning cases against Trump. Omarosa’s tapes would close the door. Tell Giuliani its brief time!
23
There are lots of crooked cops that knowingly arrest people when they are completely innocent of a crime. They target powerless people (usually poor black and Hispanic young men) and arrest them to meet those unacknowledged but very real arrest quotas, and then try to hide what they've done by railroading their victims through the system. These kinds of cops also particularly like to arrest people unjustly on Friday night so they'll have a while in jail awaiting a judge to see them. The fact that misdemeanor defendants don't get legal counsel and the case doesn't get reviewed by a lawyer just makes hiding this easier.
All to not only keep the for-profit prison system happy, but also to legalize discrimination against black and Hispanic men.
66
@Dave Please cite specific instances/cases, and more than one.
@me The LAPD Rampart Scandal. Sandra Bland. My buddy Ron who was arrested for being a black guy who a white person decided to attack with a knife without provocation (multiple witnesses at the scene corroborated this version of events, and the white person was never arrested or charged). I can keep going. The idea that this doesn't happen, regularly, is ludicrous.
2
It is unconscionable that many municipal courts do not have a prosecuting attorney.
But we must also let our citizens know that if they get minor traffic citations, like expired registration, failure to display driver's license, failure to use turn signals, or minor misdemeanors like trespassing, possession of drug paraphernalia, or minor shoplifting, then they need to show up in court on their court dates. Some people do not show up in court to take care of their tickets. which results in them being charged with Failure To Appear in court and which in turn triggers the issuance of arrest warrants. And that's when things start to get ugly.
Please, if you get a ticket, show up in court. Don't ignore it. It won't go away. Go to court and talk to the judge. You may be surprised to know that judges often try to help people who try to help themselves.
38
@Thomas -- If you do mess up and miss the court date, then call the clerk to find out about how to walk in and see the judge. He can fix the mess, and many will. They can re-call the warrant, waive a lot of fees, and get you back to where you should have been. Don't just panic and wait for disaster to catch up to you. Good people do mess up, all the time, and the judges know that, and the judges appreciate people who come in and try to clean up their mess.
39
@Mark Thomason — sorry. In this country there is no justice for the poor and people of color. Justice is only for the rich. We live in the most corrupt society ever devised. It’s a punch in the face every day of our miserable, pointless lives.
4
I have not read all the comments, but I did not see any that commented on the fact that the incarceration rate in the US is the highest in the democratic world. There are many small causes that add up to a national disgrace.
Many commentators say that only minor offences are prosecuted by police officers. But someone with a “minor” record will be treated more harshly than someone with no record if the person is later charged with a more serious crime later on. This can be reflected in prosecutors charging higher than they would with a person with no record. Therefore the quality of justice should be uniform and high in all courts.
Others have said that the minor nature of the offences does not justify the expense of professional prosecutors and judges. I say if the offence is not worth the expense if providing the highest quality of justice,the answer is not to prosecute at all.
41
Police courts generally exist in rural areas. The dockets are small and so hiring a prosecutor is considered too expensive. The cop plays the role of prosecutor and the magistrate plays the role of judge. Since the cops are amateurs and the magistrates have at least some legal training, bad cases do get dismissed . I have had three experiences in such courts. I got an unleashed dog charge dismissed. I plead guilty to a disorderly conduct and I tried to help a friend whose car had been seized during a DUI.
I am a federal prosecutor. These three cases could have been prosecuted by any rank amateur. And the magistrates were all competent. Most important, these cases didn’t go on anyone’s criminal record so the consequences of a conviction are slim. This is the Little League of criminal prosecution. And the suggestion that there is rampant injustice is wildly exaggerated.
6
@michjas
Ms. Natapoff's column seems to be about what happens *without* attorneys to speak up. You may not be aware of a variety of procedures in some states that are legal but extrajudicial.
Here in Wisconsin, for instance, an officer can file a brief behavior report about any driver with the DOT, which then pends driving again on one or more of: doctor's exam, written test, regular road test, or a far more stringent medical driving test. This never enters a courtroom or goes on a driving record but makes it much harder to be licensed again--sometimes even after the individual passes a medical exam.
It's because instead of instituting senior licensing requirements, WI chose to promote existing laws as a powerful tool to deal with medically impaired drivers and issued separate brochures for the public, doctors and police. The one for officers advised that multiple charges make a health case stronger (overcharging), and provided vague bullet points to interpret driver behavior.
The judge hearing driving violations doesn't know the same incident could involve a behavior report, so can't decide whether it affected the charging decision. Even if the tickets are tossed the only entity that can withdraw the report is the officer's department.
Milwaukee police union and city attorneys were explicit about the high potential for abuse when explaining a new policy requiring supervisor signoff. Several years later, it may be the only WI police department to address the issue.
9
If they can't afford to staff the court properly it should not exist,close it down.
9
@DC: If we can ever bring home our troops and the money that goes with them, those people and that money could be applied to building our courts and police up to adequate so there may be "equal justice under law"and full employment for lawyers, judges, clerks, police, and citizen jurors all productive and supportive of good life in a truly great country.
2
Jay walking and going through an (un-warranted) four way stop sign are the criminalization of activities that are on rarely dangerous.
People can see if a car is no where near the intersection, and cross safely. I'm not talking about a busy Manhattan intersection but the vast number where such signage and laws are simply ways for police to either shake down (rare) or produce revenue for the municipality (common)
This is too low on most people's list to care about, as both are usually only a fine, but for those who are broke, it can be disastrous.
We do hear about the unjust killings by police, but nothing about the millions of examples such as this article describes that ruin lives en mass.
27
Back in the 60's and 70's police typically investigated an offense and, except for cases involving immediate arrest, referred these cases to the procurators with a notation "court action to be discussed with the procurator". Many minor cases never saw a court hearing. Then numerous "special interest" groups took that discretion away from the police. In addition, the public stopped working out conflicts within the community, demanding court action for offenses that once were settled locally. The police took an attitude "I'll cite everyone to court, let them figure this out". I remember this well, I was there when the court caseloads went up by 400%. We don't resolve conflicts locally anymore, give them to the courts. And then we complain about the results.
10
POLICE FUNCTIONING IN More than one role in the prosecution of a criminal case are violating the basic principle of limiting duties to those within the areas of training and expertise of the charging/arresting officer, thereby preventing those charged from having been given due process of law. Police can have grounds for arrest and recommend charges; but without a system of checks and balances those charged are being deprived of their constitutional rights.
31
@John Jones Indeed, and this can lead to abuse where magistrates and police in small communities can collude together in a ticket/scam operation. Where the only person who isn't in on the racket is the defendant. Where the victim can be pressured into paying unwarranted fines or fees in lieu of jail time.
9
Accountability, or the lack thereof, is the root cause of the seeming distortion of justice in America.
The lack of accountability lies with everyone involved in the process, but it begins with the expectations of we the people of what constitutes acceptable social behavior.
"We the people" want societal behavior to foster a good quality of life for our families. "We" want miscreants to be held accountable for social behavior that diminishes our quality life. So "we" grant the policing and prosecuting powers described by Ms Natapoff with the expectation that those powers will be used responsibly.
That's the rub. When those powers are abused, then "we" lose confidence in the structure of our laws and our governance. Since ours is a nation conceived around the ideals of laws, the direct impact of abusive policing and prosecuting undermines the foundation of who we aspire to be as a people.
So clearly abusive policing and prosecuting must be held accountable and punished when appropriate.
But that's not enough to balance responsible policing with desired quality of life. "We," those who do not want unacceptable social behavior infringing upon the quality of life we want for our families, must also hold the miscreants accountable for their actions. Particularly those miscreants who are repeat offenders.
You really cannot have an honest discussion of policing without an honest discussion of how crime diminishes quality of life. Even misdemeanor crime.
12
@TDurk
Exactly! Thank you for saying this. I am a police wife and fed up with the one sided arguments against police and the difficult and very dangerous job they do.
2
Prosecutors should follow the letter of the law. If the laws determining what conduct is criminal and the associated sentences no longer reflect what society deems appropriate for deterrence or whatever purpose we see the justice system serving, then it is time for state legislatures to change those laws. Prosecutorial discretion should not allow state law to differ from one jurisdiction to the next. This is an inequitable application of the law, an injustice that differs little from abuses of prosecutorial discretion like discrimination.
5
@Natalie Marie -- One part of the letter of the law is that prosecutors have discretion and a duty to exercise that discretion. There are not enough resources to devote everything to everything. Priorities must be set. Judgment must be used. This idea of "the letter of the law" is a suggestion that an officer of the court should fail to exercise good judgment and refuse to do the job of using discretion and setting goals and priorities.
9
@Mark Thomason - discretion is necessary, but too much is dangerous. We may be on board with extensive discretion when it means less wasted resources on drug crimes and other misdemeanors. What about the extensive discretion law enforcement and prosecutors wield when they decide a victim’s allegations of sexual assault do not merit prosecution?
I am not making an argument against discretion, but I stand by my point that DAs are not lawmakers and discretion is a tool that is not inherently good or bad, but can be used for either.
1
It appears that there should be more of a “separation of duties” when it comes to arrests, investigations, prosecutions and sentencing. The bottom line is that bias needs to be removed from the equation, and it would seem that the best way to do this is to make justice more blind through compartmentalization.
4
In America Living While Black seems to be a crime. Or, to be more accurate, being anything but white is a crime. And to do anything that looks even a little suspicious is a crime. Since 9/11/2001 it appears that certain members of the public have become self selected gatekeepers of virtue and the police have allowed it. I have watched the police in my small village estrange themselves completely from the public they are supposed to serve. I wouldn't trust them to give me the correct time of day much less figure out if an offense is a misdemeanor, or serious enough to warrant an arrest.
It all goes back to how police officers are selected and trained. If they are trained to intervene with force no matter what the problem is that's what they do. If they are trained to monitor the situation and use discretion rather than favoritism, some of the problems might go away.
As long as police resort to threats and force and lies there will be belligerence from the public, unnecessary arrests, and police shootings of innocent people. But the real question is what do we, the public expect of the police. And how do we translate that into a viable police force that works when we need them to work?
28
@hen3ry I’ve often thought part of the solution is to have the officers live in the area they police. In this way, they see more and are truly the local beat cop who is a member of the community as well.
7
@hen3ry
Yes. In recent years we may have been prone to think that bad police departments enable racism of individual cops. The actual problem is that racism in society at large enables bad police officers, who have assumed they will be believed automatically when reporting that a black or brown person was a threat.
2
@Grennan and the same can be said of the way battered women are treated by police. For some reason those who are supposed to protect people often fail. It's frightening to realize that, in America, protection is dependent upon one's status.
2
One area that often goes unprosecuted counter to mandatory arrest provisions in the State Constitition is elder financial abuse/ elder domestic violence. Many jurisdictions continue to believe crimes against vulnerable elderly by their family members should be adjudicates civically. By continining this cycle thousands of victimized elderly endure further harmisolted in their residences by family members hoping to salvage expected inheritances. I know of this injustice all too well and witnessed the law enforcement indifference to my father’s precarious phlight of continual harm by an emboldened son/ perpetrator. I am also the spouse of a highly decoarated retired NYPD Detective and am very familiar with the statutes for charging. Very rarely does law enforcement charge and arrest a perpetrator for endangering the welfare of a vulnerable elderly; unless the pattern directly resulted in the victim’ s death by blatant medical/caregiver neglect. This crime is becoming ing a public health issue that law enforcement which serve and protect must fully address CRIMINALLY.
15
@Marie Walsh That is so true. Some elderly folks lose everything to the greed of “loved ones” and ends up in an adult family home on Medicaid.
Bring back mental institutions. There is a segment of society that needs the supervision. Severely mentally ill people will never be okay on their own. Watch the PBS series called The New Asylums (prisons).
Treatment for mental illness has improved exponentially and the alternatives are homelessness or prison.
16
@Mel -- It was done wrong. Now it is not done at all. That is even more wrong.
Do it. Do it right. Don't assume that doing it right is impossible.
9
@Mark Thomason
Neither should you assume that 'doing it right' is possible without first 'funding it right'.
When the medieval system of state institutions was shut down during the Kennedy 60s the plan was to refer discharged patients to a rich and active selection of community based treatment and support options.
Then as now the Republican party chose to cheap out on its own citizens saying, essentially, "Here's a cool idea, let's pass legislation getting these poor souls out of those nasty, nasty institutions, then we can pass really good financial support for community services after... Cool, yes?" Of course, we're still waiting.
>!!Wammo-zammo!!< - instant homeless problem!
A pattern for all the legislative abominations to follow, right up to Mean Mitch McConnell.
2
While I agree with most of what Professor Natapoff has written, there is an issue that could be the subject of a future essay of hers in The Times.
The 1963 Supreme Court case Gideon v. Wainwright is apparently limited to federal cases. Can Gideon be extended to state jurisdictions; especially those backed up with misdemeanor cases?
6
@dmanuta Gideon does not only apply to federal cases. In fact, Clarence Gideon was charged with state offenses (Florida). Unfortunately, the quality of representation by public defenders varies wildly. Some public defenders are great. Some aren't--the pay is often low and the workload horrendous.
7
@dmanuta Gideon v. Wainwright applies to all cases, at every level. As does Miranda v. Arizona.
@ctw3
Thank you for correcting me on Gideon's applicability in state courts. As someone who handles Public Defender cases, I am right there with you.
In certain areas in this country, the support for Public Defender Offices is meager. My position is that we handle these cases with the intent to either avoid or mitigate any jail time for the Defendant. Any remuneration ultimately received is a bonus.
This conflict of interest and role ambiguity for the police creates a real incentive for officers to manipulate evidence and even lie in order to secure the conviction they need after investing so much time. The same officers appearing in front of the same magistrates week after week makes this situation even more dangerous for the accused. In the suburban Pittsburgh municipality of Monroeville, where the arresting officer conducts the investigation, gathers evidence, interrogates the accused and then presents the case to the local magistrate, I’ve witnessed an officer outright lie about evidence and a confession that did not exist. And if the accused is not well prepared or represented, the judge or magistrate - who is often overworked, familiar with the officer, or just impatient - has to side with the cop. I think this conviction-mill approach is far more common in the suburbs.
23
I have seen two sides this. All the author complains of here, I've seen happen, and worse.
However, I've also seen police arrest someone to get them inside, out of a very cold night in which they could die. I have seen officers arrest someone to help them, and I've seen officers tell the judge at arraignment that they made an arrest to help, not to punish, and to ask the court to do more to help. I've seen judges admit there isn't much they can do, and dismiss those charges.
For those abused, and those helped, there is too often a lack of other alternatives to arrest. Even a "peanut butter ministry" that feeds those in need itself needs help to get those in need to its help.
For the emotionally disturbed homeless person pushing a cart in the cold night, there are not many options if they can't manage to get to help on their own.
Police abuse. Police help. The first problem I see in both is the police are alone in this. The money went to policing and courts and prisons, not to helping prevent the need of police and courts and prisons.
Many people are in deep trouble. They are the least able to handle their own problems. That is how they got into such deep trouble.
We need more resources and better options, not merely less jail for misdemeanors.
44
@Mark Thomason I would completely agree with you that police more often then not do wonderful work for their communities. Unfortunately, the current crisis of confidence in police forces seems to be driven by a system that places enormous power in their hands with little accountability. Many (if not most) officers handle it with honor; a few use that power to abuse their fellow citizens. Sadly, many police forces have proven themselves unable to reign in corrupt individuals and whole forces' reputations have been tarnished. In the worst cases, corruption reaches the top of the leadership chain.
The only solution to this is increased civilian oversight and prosecution for corrupt officers. Yes, it does create extra friction in the policing process, but it will also create increased trust between police forces and the communities they serve. Growing hostility between the police and communities only makes officers' jobs more dangerous. The police regaining their communities' trust will help both the communities and themselves.
16
Criminal System is one convoluted, quagmire oftentimes the innocent are plunged into by Police just wanting to reach a "Quota". No one cares about bail, job loss, community label, -- you are alone .......
18
Jury, Judge and... when there will be no more profit for the prison system, Executioner.
7
@Armando They already are Executioner, if your skin is a certain shade.
1
I'm confused by Ms. Natapoff's argument. Is she arguing for better legal protection for innocent people accused of misdemeanors, or is she arguing that even guilty people should not be arrested/prosecuted for misdemeanors? It seems to me that by arguing to "shrink" the misdemeanor system gives the police much greater prosecutorial power; they can choose to arrest or not arrest a suspect based on their own cognition. A better policy is to legislatively eliminate all misdemeanor laws that you argue shouldn't be enforced, and then uniformly enforce all of the laws left on the record. Otherwise, by default, police become legislators as well. But, it is important to remember that there is a reason that misdemeanor laws are on the books. Here is a list of some misdemeanors (which vary by state):
sexual battery
assault causing injury or with a deadly weapon
stalking
child sexual abuse
distribution of child pornography
violating a protective order
DUI
Burglary
perjury
bribery of a public official
failure to pay child support
intimidating voters
There are valid social reasons for misdemeanor laws. Beside decriminalizing marijuana, there would be a lack of legislative consensus to eliminate other misdemeanors.
11
@Common Sense
I am curious where you obtained your list of offenses. I practiced criminal law exclusively for 30 years in Ohio. I can assure you, in Ohio, each crime you list is a felony.
While I understand you are using examples from various states, I highly doubt there is one state that classify the crimes you list as misdemeanors.
Again, your source?
27
@Common Sense: What she's doing mostly is pointing out one way in which our legal system is going astray. The police have a proper function, or functions, but they shouldn't be filling the role of prosecutor as well as arresting officer. She doesn't say that any laws shouldn't be enforced, but that not every arrest should automatically lead to a prosecution, especially without any defense lawyer involved. The police officer responds to what he or she sees happening, but then it's appropriate for someone else to consider the situation and exercise a degree of judgement. The arresting officer is inevitably going to have a strong prejudice that it was a good arrest, and shouldn't be the one to pursue the case further, beyond giving evidence and testifying in court.
13
@Mike Westfall
She's made some sort of error. I was about to be shocked by these crimes being classed "misdemeanors" because urinating outside against a tree in a wilderness parking lot is a felony sex crime in Idaho. I know because it cost over $5000 to arrive at my personal "not guilty."
1
The original American police were vigilantes enforcing the Fugitive Slave Act.
The new American police are vigilantes enforcing the carefully carved colored exception to the 13th Amendments abolition of slavery and involuntary servitude aka prison.
With 5% of humanity the 2.3 million Americans in prison are 25% of the world total. And although only 13.3% of Americans are black like Ben Carson and Tim Scott 40% of the incarcerated are black like Barack Obama and Colin Powell. Because blacks are persecuted for acting like white people do without any criminal justice consequences.
11
@Blackmamba The original American police were not vigilantes enforcing the Fugitive Slave Act. You would have us believe that no police force existed in America until 1850.
1
@Blackmamba I agree. Black people should not be held to the same standards as other groups. The question is how would this be put in practice?
1
@Mandrake Very few police forces existed before 1850, the first was in Boston in 1838. Most police forces in the South before the Civil War were in fact "slave patrols" charged with keeping the slave population under control, and after the Civil War to keep freed people under control.
1
The writer, and most commentators, seem to think the problem is that the police err on the side of prosecution. I've experienced quite the opposite, with local officers taking selective action in upholding laws and pursuing a nuisance, harassing neighbor. It burns me that, though the law clearly states what the perp faces in terms of punishment, the officers have gone out of their way to "help" them, resulting in years of torment for me.
Why do they have so much discretion, and what can one do in the face of their lack of adherence to the law?
24
@Roxy
Yeah, I agree. My newly married daughter was scared to death in her first townhouse. A drug dealer woman on disability and subsidized housing was next door (police knew it and were watching, supposedly). The last time the kids called the police there was a man in her apartment threatening to kill her because she wouldn't give him drugs. No arrests. Then there was a crazy guy who screamed in the parking lot night and day. He would try to get in to my daughter's car every time she went anywhere. This is Utah and their rent was $1100 a month, which I do not consider cheap.
2
@Roxy
What worries me is the officer is deciding the person is a good old boy like themselves and letting them pass. So anyone in the officer's tribe gets leniency, anyone not in his tribe is prosecuted.
8
@Roxy
So when do we get to hear the "perp"'s side of the story?
2
There seem to endless stories about the shortage of public defenders, immigration judges and, prosecutors. That these shortages exist seems plausible, but what does not seem plausible is these shortages co-existing with an endless stream of stories about the glut of lawyers and law students.
3
@Alan Unfortunately, the vast majority of those lawyers and law students pursue careers in the private sector, which is understandable given the fact that those careers can pay up to three times as much as being a public defender or a prosecutor and the cost of law school is exorbitant.
9
@Alan
Many young attorneys choose private
practice for the financial possibilities. To choose criminal law means you will never be wealthy from your practice.
Unfortunately, public service law is not usually emphasized in law school. Clinics may provide contact with less advantaged, but they mostly are not required.
11
@Alan Public Defenders in my state don't even make $50,000 per year for the punishing workload they handle. Add that to crushing law school debt, and it's clear why there's a shortage of lawyers willing or able to defend the poor. There's no equal access to justice, in practice.
3
There are time when the for-profit prison system, the police and many prosecutors seem to be an interlinked gang organized to arrest, prosecute and impression those who do not have the economic means to obtain their freedom. There should be no for-profit prisons. Police should not handle prosecutions. Cannabis (regulated as in Colorado, Oregon, California, Nevada, Oregon) and commercial sex work (no pimps, no street walking, no non-US citizens and no one under the age of 25 in regulated brothels) should be decriminalized.
14
A much needed article. Jim Crow is alive and well in many places in America. It allows whites to keep their foot on the neck of 'coloreds' and profit from it at the same time. Time for major reforms.
36
@markymark Please cite any law still on the books in the US in 2018 that was written to apply solely to African Americans.
6
@me: The article, and markymark's comment, are about actual practice, not about how laws are explicitly written. In the case of drug laws, for instance, the racial impact in practice may have been foreseen by the original legislators, even if not written in plain language as part of the law. Remember, many of the laws that made up the old Jim Crow system didn't explicitly refer to race, but the legislators knew who would be enforcing their laws, and against whom. This pattern is still true of what is accurately called the "New Jim Crow".
17
@meTurn on the news on any given night. Your comment smacks of willful ignorance or white privilege. Time to wake up and face the truth—African Americans and Hispanic Americans are CONVICTED AND SENTENCED more harshly than whites.
3
When the administration of justice is so uneven that the sons and daughters of the wealthy can commit rapes which go unpunished when the misdemeanors of the poor result in jail time, then it is society's problem.
77
@rdb1957 Especially when the poor people in question might not have even committed said misdemeanors. If your options appear to be (a) stay in jail for a while awaiting trial, and in the intervening time lose your job and apartment and everything else you have, (b) pay a bail bondsman $150 to get out while you wait for trial, or (c) pay a fine of $100 and get out now but with a misdemeanor on your record, a lot of people will pick the fine.
16
@rdb1957
How many daughters, rich or poor, commit rape?
@rdb1957 Not just rapes: remember the rich kid who was given a minimal punishment for killing 4 people and injuring 9 while driving drunk?
4
Here’s the real story - if facts matter at all in this age of “perception is reality.”
37 years in law enforcement here - through all ranks in two major agencies. Every major department I know issues “Notices to Appear” for all non-violent misdemeanors in lieu of arrests for a few very simple reasons.
It costs $80 to $120 per day to keep someone in a jail. In addition, we have to provide medical, educational and social services to these people. Many homeless have discovered it’s convenient to be arrested when they need medical or dental treatments, and will flag us down, asking us to arrest them so they get those services free of charge. Of course, if the treatments go wrong, they immediately sue for a “1983” Civil Rights violation, which costs tens of thousands to defend, regardless of they were provided concierge level services.
The takeaway is that every county in Florida tries to save tax money by not incarcerating defendants. Officers and Deputies know those funds could otherwise go toward salaries and benefits - and so have an incentive NOT to incarcerate those who don’t pose a danger to the public.
Thanks for allowing me to bring facts to an anecdote fight.
22
@Officer As if the op-ed is fact free? Is that your point? That the author only offers anecdotes?
8
@Officer: The comment seems to be about cases where there is no arrest or prosecution, or at least no incarceration. But that isn't exactly what the article was about, unless you are talking about the degree to which it is a police decision whether to prosecute or not -- the article focuses on cases where the police decide to prosecute, and this comment focuses on cases where the police decide not to prosecute -- or at least, decide not to seek incarceration? Maybe these are flip sides of the same coin?
7
@Officer
Thank you for your service and for adding an insightful comment.
Do police have "productivity " quotas to meet? I am reasonably "suspicious" about "reasonable suspicion" and police search and seizure practices.
18
This system is sadly reminiscent of peonage, when African Americans were targeted by a system of self-assigned sheriffs and judges who determined the fate of so many on the basis of their skin color. It would appear that this has morphed into its more basic intent, that is, to target lower income communities and to give a certain group of law enforcement officials the opportunity to ruin lives for either their own self-aggrandizement or for the public coffers. This would not happen without the tacit or perhaps explicit approval of the local government.
26
@Gilbert Bliss Senior citizens are the lowest income demographic in the US, and yet they are arrested less than other age groups. Could that be because they commit drastically fewer crimes? Ever think that there might be a relationship between offending/harming others and arrest rate?
7
@me: Fewer crimes lead to fewer arrests? That would be ideal: it's been demonstrated, however, that it doesn't work that way. You can ask rhetorical questions, but the facts are available: given similar crimes, Blacks are more likely to be arrested, more likely to get convicted, and get heavier sentences. The ideal of equal justice is what we have to work towards, and the article discusses what may be part of the problem.
10
@me
Although senior citizens are in the lowest income demographic they are also among the highest net worth demographics. Hardly on par with low income/low to no net worth groups.
2
Isn't being ''a judge and a party', when in a position of power, ripe for conflicts of interest? And abuse? Especially when we find ourselves subject to a police force intent in squashing even honest dissent? You be the judge, but it's time to place ourselves in the other's shoes, and speak up, and tell truth to power.
15
"South Carolina also does not require its lower-court judges to be lawyers, so thousands of convictions occur without input from a single attorney."
Because who needs to actually know the law, before they throw other people in jail? Somehow, it does not surprise me in the least that this is how state like South Carolina operates.
55
NYS is right there with SC
5
Well Sam we don’t require our Secretary of Education to be an educator. Ditto for many state education leaders. Just as an aside you don’t need to be a lawyer to be a Supreme Court Justice. Time to end the lawyer monopoly for judgeships. Not saying police officers should be allowed to prosecute cases just pointing out some quirks in the system.
3
@Patrick You're right, a plumber or a farmer would totally make a better judge than a trained and experienced jurist. What was I thinking...
1
Besides working on 2019 New Year's Resolutions, I'm also working on 2019 New Year's Acknowledgements & Admissions, the latter means owning up to my ignorance about things I thought I knew and understand, like this (because I once covered police at two newspapers): "Alexandra Natapoff: "This is how our criminal system works most of the time, for the most people."
8
The problems detailed in this op-ed in our criminal justice system are products of the animus and bigotry that white America has long had for people of color and poor whites, the latter of whom are regarded as inferior, lazy, and troublesome as racists have always falsely portrayed black and brown Americans.
Shrinking the misdemeanor system will never happen so long as white America continues its control of the levers of economic power, as well as those that control the police and military forces that ensure the protection and maintenance of white economic power and the privileges it accords to those at the top of this ever-growing heap of unfairness we call the USA.
In fact, the misdemeanor system will grow as the general population and number of misdemeanants continue to increase in this country. That's largely because poverty and other income inadequacy and inequality will continue to grow as the population expands. The growing numbers of black, brown and poor white Americans will continue to engage in petty crimes, especially the use of drugs and alcohol to escape and otherwise deal with what they correctly perceive as their hopeless futures.
And since the Haves do not enjoy having to see these Have-Nots mar their own beautiful lives, their police forces, D.A.s and judges will continue to find ways to arrest and incarcerate them for petty stuff. And the Haves' legislatures will continue to make up new crimes to keep more Have-Nots out of sight and out of mind.
16
A name change is in order - instead of the "Justice System" call it the "Railroad System" because you are getting railroaded by the police officer who is the cop, judge, jury, and executioner.
13
In ~1977 I was driving my former, black, neighbor home from babysitting my daughter. As I pulled out from the stop sign at the north intersection in front of Harborview Hospital, a Seattle police car with 2 officers stopped me. One officer immediately start interrogating my neighbor about being a prostitute for me. (She was, as always, quite conservatively dressed and appropriately for baby sitting.)
Eventually they both believed she was not a prostitute but ticketed me for running the stop sign. My dad had been a federal prosecutor. I grew up knowing how to act and respond. I went to the spot where the police car had been waiting. As every car approached the stop sign there was a little dip in the road that made it appear as if they never came to a full stop—the infamous in Seattle ‘California stop’. I observed and recorded in a note book.
~10% clearly stopped. I then spent 30 minutes at the stop sign. Better than 90% came to a full, legal stop.
I called the traffic court and requested an appeal appointment for the 30th day, the last legal day, for traffic court to appeal. That day the officer who had logged the ‘infraction’ was not in court but instead his partner was there with the log book.
I did not accuse the police of lying, informed the judge of what I observed, and handed him my notebook with what I had written. The officer did not lie. He said he would accept that my description was plausible. Acquitted. Anita was really hurt by the implication.
35
The trouble is, we love nothing so much in this country as punishing the wicked, i.e., other people.
Besides, too much social justice, and we'd cease to be the exceptional nation. Lose our place as the world's most prolific jailer, and they'll think we're going soft.
9
Justice in our legal system appears to be fairly random
8
Good short story, and improvement is needed. However, the professor offers but one chapter of a complex issue that began hundreds of years ago and varies by society.
In our society, a behavior becomes criminal when it violates the law and that law is written by elected officials. In a sense, law enforcement subdues vigilante or mob response. But more considerations...
Is it the law that is bad? Is the enforcement unfair because the police are charged with stopping that behavior? Is the court at fault because it is untrained or inept? Is prison (corrections?) the problem because of high recidivism? Did society cause the individual's problem?
Or..... perhaps the violator should bear responsibility for his/her behavior.......
6
@Art M. I was pondering just today what is against the law and what is not. I watched an elderly homeless man get thrown off the train into the below zero cold for the crime of not paying a fare. I don't know how he became homeless but with the increasing rents in my city it is not surprising. I wondered how our society would look if it were instead a crime to destroy people's pensions the way Wall Street gamblers did in 2008.
19
@Art M and how does any of this speak to the fact that minority groups are charged far more often for the same offenses that white people commit?
1
Many of these arrests ensure that the for profit prison system will flourish. Many local and state governments have a strong financial incentive to arrest and fine or imprison as many as possible. The private sector will fight tooth and nail to keep this cash cow, as will municipalities that benefit from fines.
130
>>> ". . . a strong financial incentive to arrest and fine or imprison as many as possible."
Especially those who are ill-equipped to defend themselves and are thus most likely to be profitably exploited.
32
No one goes to a for-profit prison for a misdemeanor.
6
@Freya Meyers
Your data please?
25
Officers are encouraged to be 'judge & jury' on minor infractions so the courts can stay busy incarcerating minorities for petty drug arrests.
Once a cop has detained someone, s/he knows that whatever the eventual outcome, the very real threat of jail and a good roughing over RIGHT NOW reduces the resistance on the street.
Recourse is futile once they put you "in the system".
40
@Don
That is not true. I encourage you to do a ride along with your local police. You'll come away with a real appreciation for what they actually do, not what people who are not cops say what they do. The job is tough and dangerous, and the majority of police do their jobs by the book and with true concern for the community they serve.
3
@April If "the majority of police do their jobs by the book and with true concern for the community", then why do they protect their colleagues who do neither of those things?
This whole myth that it's just a few "bad apples" giving police a bad name is ridiculous, because the so-called "good apples" actively protect the bad ones from seeing any consequences for their misconduct.
3
@April
Well, that's a relief. You wouldn't be married to a cop, would you?
1
The degree to which our ‘justice’ system is congested by non-violent drug offenses is almost as appalling as our nation’s system of mass incarceration as a whole. Far too much discretion is in the hands of law enforcement officers, and prosecutors, with judicial oversight limited to a glorified formality.
But if you can afford a well-connected attorney, then it’s amazing what you can get away with. A plea bargain isn’t so bad when it’s turned into a conditional discharge.
71
@ubique. Yup, witness the drunken teen who didn't get charged when his mates died in his car crash, because he was the 'victim" of too much high rent coddling. I know it was years ago, but it still rankles.
23
Seems like a potential conflict of interest, perhaps with a financial incentive as well. The entire system needs reform.
90
In South Florida police are encouraged to write summonses for minor offenses like marijuana possession. The cops rarely do and make arrests instead.
I remember helping a cop I didn't know help shoulder a drunk I didn't know walk a drunk to his home nearby. No arrest or summons. This might never happen again.
I believe the cops make arrests rather than write summonses is the money they can make going to court. Also the scam of "court costs" can bring in more money for local government. Other fees as well.
One would almost think the primary purpose of law enforcement is to bring in money for local government, it would be great if a major crime was solved someday, too.
68
For the most part, summonses are issued in lieu of arrest. They are allowed when the accused meets certain criteria like verified ID, an offense that isn’t elevated by past convictions, no active or past warrants (demonstrates an inability to comply with appearance requirements), not intoxicated, local or at least in-state residency (important if they skip court) and no additional non-summons charges. While the process may be abused it is also likely that these qualifications might not be visible to a casual observer.
10
@mrmeat
"I believe the [reason that Florida] cops make arrests rather than write summonses is" to create a felony record that will permanently prevent the arrested individuals from ever voting. In the November 2018 Florida election, permanent loss of voting rights was prevented in future.
1
@mrmeat
What money are they getting? My wife is a cop and has never made "more money" by arresting people.
Yet more evidence of the "injustices of our criminal system." Yet another major reform needed. I hope this essay provokes big changes.
31
@Thomas Zaslavsky. True, but if essays provoked change, then we'd be rid of Trump, Pence, McConnell, etc...
10