Wednesday, May 20, 2015

The ongoing criminalization of poverty

A series of reports over the last few weeks have shed more light on the increasingly predatory enforcement of misdemeanors across the country, and how this trend disproportionately hurts the poor. The first report comes from an area familiar to readers of The Watch — St. Louis County, Missouri. It was published by the Police Executive Research Forum. Among the key findings:
  • Policing is extremely fragmented: St. Louis County contains a patchwork of police departments, many of which have jurisdiction over very small areas. About one-third of the municipalities in the County that have a police department occupy less than one square mile. This has led to confusion and distrust among residents, who often feel targeted and harassed by police officers and the municipal court system.
  • Many police departments have inappropriate goals: In many municipalities, policing priorities are driven not by the public safety needs of the community, but rather by the goal of generating large portions of the operating revenue for the local government. This is a grossly inappropriate mission for the police, often carried out at the direction of local elected officials.
  • The “muni shuffle” is unprofessional: Police standards, training, pay, and professionalism vary dramatically throughout the region. Of particular concern is the so-called “muni shuffle,” in which police officers who are fired or allowed to resign because of disciplinary or performance issues in one department are quickly hired by another department, because it can be less expensive to hire an experienced (albeit compromised) officer than to recruit and train a new officer.
These criticisms have now been reiterated in several forums, by several different organizations. Perhaps most damning, all of this attention on petty offenses has distracted the area’s police departments from fighting crime. Despite the saturation of police departments, the report found elevated crime rates in the area, and that violent and property crime cost about $1,187 per resident. In other words, the people who live in St. Louis County aren’t being protected by the police, the police are preying on them. And they’re doing at the instruction of these local governments.
Up next, a well-reported three-part series on policing and the poor by the CBS affiliated in Miami. The report focuses on a city “crime suppression team” that’s supposed to improve the quality of life in poor areas. This excerpt is from part three.
During its five-month investigation into the Miami-Dade Police Department’s Crime Suppression Team, CBS4 News reviewed every arrest the officers from the South District Station made in 2014.
The results: CBS4 News found a unit whose actions resulted in the arrests of hundreds of individuals – mostly young black males – for petty offenses. Even more troubling, the arrests failed to result in a reduction in crime in the South District. In fact, crime went up in most of the major categories, according to records obtained by CBS4 News.
CBS4 News also found that most of the cases made by the Crime Suppression Team fell apart once they made it to court. Overall, the Crime Suppression Team had a conviction rate of just eleven percent.
And of the 245 individuals arrested for marijuana – only two ended up being convicted. In addition to those two convictions, 80 individuals – or one third of those arrested – accepted what is known as a “withhold of adjudication.”
“Withhold of adjudication is something that exists only in Florida and it’s kind of a legal fiction,” said Miami-Dade County Public Defender Carlos Martinez. “It’s a conviction, a judge has made a finding of guilt, but we are going to say you are not really a convicted person, but in fact you are.  Immigration does not look at the difference between a withhold or no withhold, they look at it as a conviction. And most employers that I’ve talked to about these issues, and they see withhold, to them it looks like a conviction. They don’t see the difference.”
Most of the people appearing in court don’t realize this because they are not represented by an attorney, Martinez said. “Seventy percent of the people in Dade County go to court without an attorney.”
In Florida, if prosecutors are not requesting jail time for a crime, the person charged doesn’t have the right to have a public defender appointed to represent them.
So once again we have police in predominantly poor, predominantly black communities making “broken windows” and “quality of life” arrests for petty offenses. This is saddling large percentages of these communities with burdensome fines and debilitating arrest records, it’s poisoning the relationship between the police agencies and the communities they’re supposed to be serving and it’s all doing little to nothing to make these communities any safer. This particular anecdote is just chilling:

Read the rest @ http://www.washingtonpost.com/news/the-watch/wp/2015/05/14/the-ongoing-criminalization-of-poverty/

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