Marlon Kautz said he was trying to record Atlanta police doing their
jobs when they started yelling at him and snatched his camera. Its
something he'd done before for his group, CopWatch of East Atlanta.
"I was pretty scared," said Kautz. "I was trying to remain calm
because I know in a situation like this, the police are blatantly
breaking the law and violating my rights."
In April of 2010, Kautz saw police dogs searching for drugs at a
store in Little Five Points, so he got out his cell phone and pressed
record. But this time he got a confrontation he wasn't expecting.
"They told me that I wasn't allowed to record them and that I needed
to stop," said Kautz. "One officer took his hand and physically
grabbed the camera."
The video survived on the cell phone, but Kautz said it's terribly
corrupted because police almost ruined the video when they tried to erase it.
"If there hadn't been the video it would have been another case of my
word against a police officer," said Kautz.
So, Kautz sued and he won a $40,000 judgment from the city of Atlanta
. He said he hopes police will learn from their mistake.
"If you see police messing with someone on the street, take out your
phone and record what's going on. That really sends a message to
police that the people are paying attention to the work they are
doing and we want them to be on their best behavior and not violating
people's rights," said Kautz.
Atlanta police wouldn't go on camera to discuss the lawsuit but
released a statement to CBS Atlanta News.
"This matter was referred to our Office of Professional Standards for
investigation and all three officers were disciplined. Two of the
officers received oral admonishments for failing to take the
appropriate actions, and a third for failure to supervise. Commanders
have made it clear that Atlanta police officers in the field should
not interfere with a citizen's right to film them while they work in
public areas," said police spokeswoman Kimberly Maggart.
Kautz plans to spend some of his award on new camera equipment for
his CopWatch program.
Friday, February 25, 2011
Friday, February 11, 2011
City Settles Suit in Death of an Inmate
By DANIEL EDWARD ROSEN
Published: February 9, 2011
The City of New York has agreed to pay over half a million dollars to settle a wrongful death lawsuit filed by the family of a South Carolina man who was killed while in custody on Rikers Island in 2009.
The man, Clarence Mobley, 60, was found dead in a cell at the Anna M. Kross Center; his death was ruled a homicide by the medical examiner’s office.
Rudy Velez, a lawyer for Mr. Mobley’s family, said the $525,000 settlement, which was finalized in Bronx County Surrogate’s Court last month, had brought little solace to relatives.
“In no uncertain terms,” Mr. Velez said, “they felt the officers murdered Mr. Mobley.”
No criminal charges have been filed against the correction officers implicated in the lawsuit, which had sought $10 million, said Steven Reed, a spokesman for the Bronx district attorney’s office. The status of the investigation into the death was unclear on Wednesday.
Mr. Mobley’s family accused correction officers of failing to provide Mr. Mobley immediate medical attention after he was restrained by three officers.
Correction officials at the time said Mr. Mobley, 60, had been awaiting transfer to Bellevue Hospital Center for psychiatric treatment when he hit an officer in the face with a meal tray. He was in custody on attempted burglary charges.
After Mr. Mobley, who was 5-foot-7 and 115 pounds, was subdued, he was moved to a separate holding cell; he did not receive medical attention, Mr. Velez said. Forty-five minutes later, he was found unresponsive by another inmate who had been mopping the floor. Mr. Mobley was pronounced dead at the scene.
The cause of death, the medical examiner’s office said, was a liver laceration caused by blunt trauma to the torso.
Mr. Mobley’s daughter, Ayanna Castro, said: “I think my father’s case was brushed underneath the rug and it wasn’t handled properly at all. I think that the city didn’t do a thorough investigation and they allowed these correction officers to kill my father.”
“The settlement doesn’t matter,” Mrs. Castro, 39, added. “What matters is that these guys are walking around and are going home to their families every night and my girls don’t have their grandfather. The settlement doesn’t mean anything.”
An inmate should receive medical attention after an altercation with another inmate or a correction officer, said Stephen J. Morello, a spokesman for the Department of Correction. He would not specify the time frame in which assistance was supposed to be provided.
The circumstances surrounding Mr. Mobley’s death have been puzzling for his family.
Mr. Mobley left South Carolina for New York City on April 25, 2009, to attend a family funeral with his son and daughter. But he seemed to have disappeared; relatives learned of his death in a newspaper article.
Published: February 9, 2011
The City of New York has agreed to pay over half a million dollars to settle a wrongful death lawsuit filed by the family of a South Carolina man who was killed while in custody on Rikers Island in 2009.
The man, Clarence Mobley, 60, was found dead in a cell at the Anna M. Kross Center; his death was ruled a homicide by the medical examiner’s office.
Rudy Velez, a lawyer for Mr. Mobley’s family, said the $525,000 settlement, which was finalized in Bronx County Surrogate’s Court last month, had brought little solace to relatives.
“In no uncertain terms,” Mr. Velez said, “they felt the officers murdered Mr. Mobley.”
No criminal charges have been filed against the correction officers implicated in the lawsuit, which had sought $10 million, said Steven Reed, a spokesman for the Bronx district attorney’s office. The status of the investigation into the death was unclear on Wednesday.
Mr. Mobley’s family accused correction officers of failing to provide Mr. Mobley immediate medical attention after he was restrained by three officers.
Correction officials at the time said Mr. Mobley, 60, had been awaiting transfer to Bellevue Hospital Center for psychiatric treatment when he hit an officer in the face with a meal tray. He was in custody on attempted burglary charges.
After Mr. Mobley, who was 5-foot-7 and 115 pounds, was subdued, he was moved to a separate holding cell; he did not receive medical attention, Mr. Velez said. Forty-five minutes later, he was found unresponsive by another inmate who had been mopping the floor. Mr. Mobley was pronounced dead at the scene.
The cause of death, the medical examiner’s office said, was a liver laceration caused by blunt trauma to the torso.
Mr. Mobley’s daughter, Ayanna Castro, said: “I think my father’s case was brushed underneath the rug and it wasn’t handled properly at all. I think that the city didn’t do a thorough investigation and they allowed these correction officers to kill my father.”
“The settlement doesn’t matter,” Mrs. Castro, 39, added. “What matters is that these guys are walking around and are going home to their families every night and my girls don’t have their grandfather. The settlement doesn’t mean anything.”
An inmate should receive medical attention after an altercation with another inmate or a correction officer, said Stephen J. Morello, a spokesman for the Department of Correction. He would not specify the time frame in which assistance was supposed to be provided.
The circumstances surrounding Mr. Mobley’s death have been puzzling for his family.
Mr. Mobley left South Carolina for New York City on April 25, 2009, to attend a family funeral with his son and daughter. But he seemed to have disappeared; relatives learned of his death in a newspaper article.
Monday, February 7, 2011
Review cases of tortured suspects
We’d like to say the sorry saga of Police Cmdr. Jon Burge and his torture crew is behind us, but it’s not.
While some men who were tortured have been freed, 19 others remain behind bars though they say that Burge and his associates coerced their confessions. And there may be even more tortured inmates whose cases have yet to come to light.
We can’t say exactly what should be done about this, but we know it cannot be ignored. By means of evidentiary hearings or some other judicial undertaking, each of these cases must be re-examined. We can’t take the chance that even one innocent man remains behind bars simply because incriminating statements were beaten out of him.
Last June, a federal jury found Burge guilty of perjury and obstruction of justice for lying when he denied that he had tortured suspects at Area 2 Police headquarters or had seen others commit torture. That verdict — and the voluminous evidence that emerged in the long legal battle leading up to it — established beyond doubt that suspects were subjected to such outrages as electric shocks to the genitals, suffocation and loaded guns to the head to get them to say what the police wanted to hear.
If only for the sake of the integrity of our criminal justice system, we can’t allow such extracted confessions to be the last word in any case.
Four men who had been tortured testified against Burge at his trial. Others have been granted new hearings. But still others who long have said they were tortured into confessing remain behind, unable to get their stories told before a judge.
It’s important to note that these are not opportunists who suddenly came forward after Burge was convicted. They complained to authorities or their lawyers or raised the issue in court many years ago.
Normally, it would be too late to review some of these complaints. Filing deadlines and other requirements are built into the system to prevent interminable appeals. But wise judges and prosecutors could agree to sweep away these obstacles so that justice can proceed.
We say this knowing how difficult it may be to sort out the truth in each instance.
In some cases, police officers may plead the Fifth Amendment, for fear of incriminating themselves, rather than testify as to the circumstances surrounding the confessions. In others, a judge may be left with no evidence other than the unrebutted claims of the defendant.
And in those cases where a new trial looks justified, witnesses and evidence may long ago have disappeared.
These are serious concerns. If in fact some of the inmates are guilty, as seems likely, nobody wants to see them set loose. But the whole record of recent wrongful convictions in Illinois suggests that others might well be innocent, and every effort must be made to ensure they get their day in court.
The legal concept of “harmless error” holds that a conviction may be upheld even if mistakes were made, provided the rest of the evidence is sufficient. But a confession extracted through torture is never a harmless error, and a conviction based even in part on such a confession cannot be allowed to stand.
While some men who were tortured have been freed, 19 others remain behind bars though they say that Burge and his associates coerced their confessions. And there may be even more tortured inmates whose cases have yet to come to light.
We can’t say exactly what should be done about this, but we know it cannot be ignored. By means of evidentiary hearings or some other judicial undertaking, each of these cases must be re-examined. We can’t take the chance that even one innocent man remains behind bars simply because incriminating statements were beaten out of him.
Last June, a federal jury found Burge guilty of perjury and obstruction of justice for lying when he denied that he had tortured suspects at Area 2 Police headquarters or had seen others commit torture. That verdict — and the voluminous evidence that emerged in the long legal battle leading up to it — established beyond doubt that suspects were subjected to such outrages as electric shocks to the genitals, suffocation and loaded guns to the head to get them to say what the police wanted to hear.
If only for the sake of the integrity of our criminal justice system, we can’t allow such extracted confessions to be the last word in any case.
Four men who had been tortured testified against Burge at his trial. Others have been granted new hearings. But still others who long have said they were tortured into confessing remain behind, unable to get their stories told before a judge.
It’s important to note that these are not opportunists who suddenly came forward after Burge was convicted. They complained to authorities or their lawyers or raised the issue in court many years ago.
Normally, it would be too late to review some of these complaints. Filing deadlines and other requirements are built into the system to prevent interminable appeals. But wise judges and prosecutors could agree to sweep away these obstacles so that justice can proceed.
We say this knowing how difficult it may be to sort out the truth in each instance.
In some cases, police officers may plead the Fifth Amendment, for fear of incriminating themselves, rather than testify as to the circumstances surrounding the confessions. In others, a judge may be left with no evidence other than the unrebutted claims of the defendant.
And in those cases where a new trial looks justified, witnesses and evidence may long ago have disappeared.
These are serious concerns. If in fact some of the inmates are guilty, as seems likely, nobody wants to see them set loose. But the whole record of recent wrongful convictions in Illinois suggests that others might well be innocent, and every effort must be made to ensure they get their day in court.
The legal concept of “harmless error” holds that a conviction may be upheld even if mistakes were made, provided the rest of the evidence is sufficient. But a confession extracted through torture is never a harmless error, and a conviction based even in part on such a confession cannot be allowed to stand.
Madigan sues to stop Burge pension
By FRANK MAIN Staff Reporter / fmain@suntimes.com
Former Chicago Police Department detective and commander Jon Burge leaves his sentencing hearing at the Federal Building on Thursday, January 20. 2011. | Richard A. Chapman~Sun-Times
Attorney General Lisa Madigan filed suit Monday to immediately strip convicted former Chicago Police Cmdr. Jon Burge of his $3,000-a-month pension.
Madigan said a police pension board was wrong to let Burge keep it in light of his conviction and sentencing for lying about the torture of crime suspects.
Burge was sentenced last month to 4 1/2 years in prison after being convicted in June of perjury and obstruction of justice for lying in his testimony in a civil lawsuit that he never participated in or witnessed the physical abuse of crime suspects while a Chicago cop.
The Retirement Board of the Policemen’s Annuity and Benefit Fund of Chicago considered taking away Burge’s pension. But that effort failed on a 4-4 vote. spurring protests by police-torture victims and others.
Burge’s supporters on the pension board argued that his felony conviction involved his testimony after he retired, so it wasn’t, as state law specificies, directly “relating to, arising out of or in connection” with his official duties.
They were wrong, Madigan argues in the lawsuit, filed in Cook County Circuit Court against Burge and the police pension board.
In addition to halting Burge’s pension, she’s asking a judge to order Burge to repay any pension benefits he’s been paid since his Jan. 21 sentencing.
“Jon Burge forfeited his right to a public pension when he lied about his knowledge of and participation in the torture and physical abuse of suspects,” Madigan said. “It’s this type of criminal conduct by a public servant that our pension forfeiture laws were designed to discourage. The public should never have to pay for the retirement of a corrupt public official.”
Former Chicago Police Department detective and commander Jon Burge leaves his sentencing hearing at the Federal Building on Thursday, January 20. 2011. | Richard A. Chapman~Sun-Times
Attorney General Lisa Madigan filed suit Monday to immediately strip convicted former Chicago Police Cmdr. Jon Burge of his $3,000-a-month pension.
Madigan said a police pension board was wrong to let Burge keep it in light of his conviction and sentencing for lying about the torture of crime suspects.
Burge was sentenced last month to 4 1/2 years in prison after being convicted in June of perjury and obstruction of justice for lying in his testimony in a civil lawsuit that he never participated in or witnessed the physical abuse of crime suspects while a Chicago cop.
The Retirement Board of the Policemen’s Annuity and Benefit Fund of Chicago considered taking away Burge’s pension. But that effort failed on a 4-4 vote. spurring protests by police-torture victims and others.
Burge’s supporters on the pension board argued that his felony conviction involved his testimony after he retired, so it wasn’t, as state law specificies, directly “relating to, arising out of or in connection” with his official duties.
They were wrong, Madigan argues in the lawsuit, filed in Cook County Circuit Court against Burge and the police pension board.
In addition to halting Burge’s pension, she’s asking a judge to order Burge to repay any pension benefits he’s been paid since his Jan. 21 sentencing.
“Jon Burge forfeited his right to a public pension when he lied about his knowledge of and participation in the torture and physical abuse of suspects,” Madigan said. “It’s this type of criminal conduct by a public servant that our pension forfeiture laws were designed to discourage. The public should never have to pay for the retirement of a corrupt public official.”
Friday, February 4, 2011
EFF Uncovers Widespread FBI Intelligence Violations
News Update by Mark Rumold
EFF has uncovered widespread violations stemming from FBI intelligence investigations from 2001 - 2008. In a report released today, EFF documents alarming trends in the Bureau’s intelligence investigation practices, suggesting that FBI intelligence investigations have compromised the civil liberties of American citizens far more frequently, and to a greater extent, than was previously assumed.
Using documents obtained through EFF's Freedom of Information Act (FOIA) litigation, the report finds:
• Evidence of delays of 2.5 years, on average, between the occurrence of a violation and its eventual reporting to the Intelligence Oversight Board
• Reports of serious misconduct by FBI agents including lying in declarations to courts, using improper evidence to obtain grand jury subpoenas, and accessing password-protected files without a warrant
• Indications that the FBI may have committed upwards of 40,000 possible intelligence violations in the 9 years since 9/11
EFF's report stems from analysis of nearly 2,500 pages of FBI documents, consisting of reports of FBI intelligence violations made to the Intelligence Oversight Board — an independent, civilian intelligence-monitoring board that reports to the President on the legality of foreign and domestic intelligence operations. The documents constitute the most complete picture of post-9/11 FBI intelligence abuses available to the public. Our earlier analysis of the documents showed the FBI's arbitrary disclosure practices.
EFF's report underscores the need for greater transparency and oversight in the intelligence community. As part of our ongoing effort to inform the public and elected officials about abusive intelligence investigations, we are distributing copies of the report to members of Congress.
EFF has uncovered widespread violations stemming from FBI intelligence investigations from 2001 - 2008. In a report released today, EFF documents alarming trends in the Bureau’s intelligence investigation practices, suggesting that FBI intelligence investigations have compromised the civil liberties of American citizens far more frequently, and to a greater extent, than was previously assumed.
Using documents obtained through EFF's Freedom of Information Act (FOIA) litigation, the report finds:
• Evidence of delays of 2.5 years, on average, between the occurrence of a violation and its eventual reporting to the Intelligence Oversight Board
• Reports of serious misconduct by FBI agents including lying in declarations to courts, using improper evidence to obtain grand jury subpoenas, and accessing password-protected files without a warrant
• Indications that the FBI may have committed upwards of 40,000 possible intelligence violations in the 9 years since 9/11
EFF's report stems from analysis of nearly 2,500 pages of FBI documents, consisting of reports of FBI intelligence violations made to the Intelligence Oversight Board — an independent, civilian intelligence-monitoring board that reports to the President on the legality of foreign and domestic intelligence operations. The documents constitute the most complete picture of post-9/11 FBI intelligence abuses available to the public. Our earlier analysis of the documents showed the FBI's arbitrary disclosure practices.
EFF's report underscores the need for greater transparency and oversight in the intelligence community. As part of our ongoing effort to inform the public and elected officials about abusive intelligence investigations, we are distributing copies of the report to members of Congress.
Thursday, February 3, 2011
Antioch to pay $750,000 to settle civil rights lawsuit with ex-S.F. officer
By Paul Burgarino
Contra Costa Times
ANTIOCH -- The city has agreed to pay a former San Francisco police inspector $750,000 to settle a federal civil rights lawsuit.
Marvetia Lynn Richardson sued Antioch in U.S. District Court in July 2008, saying Antioch officers illegally broke into her house on Mokelumne Drive in June 2007, shocked her with a Taser after a dispute with a tenant she was evicting, and took her to jail on suspicion of resisting arrest.
Antioch has denied any wrongdoing, saying the police department had probable cause to enter Richardson's house and did not use excessive force in making an arrest.
The lawsuit also contended that the incident was part of efforts by Antioch police to harass African-American residents and drive them out of certain neighborhoods, a charge the city also denies.
Attorneys for Richardson and Antioch declined to comment on the settlement, which prohibits them from discussing the terms.
The decision to settle a case is often made by joint risk pools for public agencies rather than by the defendant itself -- particularly when significant attorneys' fees are included, City Attorney Lynn Tracy Nerland said in a written statement.
"Such settlements reflect economic realities rather than any change of position or belief on the part of the defendant," she said.
Police were called to Richardson's home after midnight on June 7, 2007, by Bridget Reed, who was renting rooms for herself and teenage daughter and was in the
process of being evicted. Reed had called 911 to complain about noise; Richardson was at home entertaining two female friends and their children.
After talking to Richardson inside the house, the officers were outside when they heard screams and loud sounds indicating a struggle or fight, according to court documents. Reed and her daughter ran outside, saying that the teen daughter of one of Richardson's guests had threatened to shoot them.
Richardson says officers broke down her front door, and confronted her as she stood in her bedroom doorway. She was calmly answering officers' questions when she was suddenly shocked with a Taser, according to the lawsuit.
Charges against Richardson were dismissed in 2008 after a Contra Costa County judge ruled that police entered the house illegally, according to the lawsuit.
Richardson is scheduled to be in Contra Costa Superior Court in Pittsburg at 8 a.m. Feb. 7 to petition the court to find that she was factually innocent.
"She wants it erased so it's as if it never happened. She is and has been the victim," said Matt Fregi, Richardson's criminal attorney who did not represent her in the lawsuit.
A lawsuit by Richardson in San Francisco County Superior Court alleging she was wrongfully fired -- in part because of the Antioch incident -- is ongoing.
Staff writer Malaika Fraley contributed to this story. Contact Paul Burgarino at 925-779-7164.
Contra Costa Times
ANTIOCH -- The city has agreed to pay a former San Francisco police inspector $750,000 to settle a federal civil rights lawsuit.
Marvetia Lynn Richardson sued Antioch in U.S. District Court in July 2008, saying Antioch officers illegally broke into her house on Mokelumne Drive in June 2007, shocked her with a Taser after a dispute with a tenant she was evicting, and took her to jail on suspicion of resisting arrest.
Antioch has denied any wrongdoing, saying the police department had probable cause to enter Richardson's house and did not use excessive force in making an arrest.
The lawsuit also contended that the incident was part of efforts by Antioch police to harass African-American residents and drive them out of certain neighborhoods, a charge the city also denies.
Attorneys for Richardson and Antioch declined to comment on the settlement, which prohibits them from discussing the terms.
The decision to settle a case is often made by joint risk pools for public agencies rather than by the defendant itself -- particularly when significant attorneys' fees are included, City Attorney Lynn Tracy Nerland said in a written statement.
"Such settlements reflect economic realities rather than any change of position or belief on the part of the defendant," she said.
Police were called to Richardson's home after midnight on June 7, 2007, by Bridget Reed, who was renting rooms for herself and teenage daughter and was in the
process of being evicted. Reed had called 911 to complain about noise; Richardson was at home entertaining two female friends and their children.
After talking to Richardson inside the house, the officers were outside when they heard screams and loud sounds indicating a struggle or fight, according to court documents. Reed and her daughter ran outside, saying that the teen daughter of one of Richardson's guests had threatened to shoot them.
Richardson says officers broke down her front door, and confronted her as she stood in her bedroom doorway. She was calmly answering officers' questions when she was suddenly shocked with a Taser, according to the lawsuit.
Charges against Richardson were dismissed in 2008 after a Contra Costa County judge ruled that police entered the house illegally, according to the lawsuit.
Richardson is scheduled to be in Contra Costa Superior Court in Pittsburg at 8 a.m. Feb. 7 to petition the court to find that she was factually innocent.
"She wants it erased so it's as if it never happened. She is and has been the victim," said Matt Fregi, Richardson's criminal attorney who did not represent her in the lawsuit.
A lawsuit by Richardson in San Francisco County Superior Court alleging she was wrongfully fired -- in part because of the Antioch incident -- is ongoing.
Staff writer Malaika Fraley contributed to this story. Contact Paul Burgarino at 925-779-7164.
Wednesday, February 2, 2011
Minorities Bear The Brunt Of Illinois' War On Drugs
A new report confirms that nonwhite residents in Illinois bear the brunt of the war on drugs, from arrests to sentencing.
From arrests to sentencing, the war on drugs in Illinois hammers minority communities especially hard, a new analysis called the "Illinois Disproportionate Justice Impact Study" shows.
One of the top -- and most distressing findings -- in the report is that nonwhites were arrested for drug-related offenses at rates that outstrip their share of the population in 62 out the state's 102 counties. Nearly three-quarters of the arrests were related to drug possession.
The trend was especially pronounced in "jurisdictions with smaller populations of nonwhite residents," according to the study. In downstate Iroquois County, for example, nonwhites made up 5 percent of the population in 2008 but represented 36 percent of those arrested on drug charges in 2005.
The problem exists in urban areas as well: while 46 percent Cook County's more than 5.2 million residents in '08 were nonwhite, they comprised 76 percent of drug arrestees three years earlier.
The study shows that disparities in who is arrested for drug-related crime extend into court systems, as well.
While cautioning that some of the data is incomplete, the report nonetheless found that statewide, African American defendants facing a Class 4 drug possession charge were sentenced to jail at a rate nearly five times greater than whites arrested for the same offense. Class 4 possession is the least severe of Illinois' felony drug charges.
"The disproportionate odds of nonwhites moving from the arrest stage to later stages in the process (specifically, prosecuting and sentencing to prison) are only partially explained by the racial imbalances at arrest and remain after statistically accounting for the selection bias at each stage," the report states. The arrest patterns then make it more likely that nonwhites go to jail, as they are stuck with a criminal history. "These unequal outcomes in the court system compound the disparities at arrest in a vicious cycle inasmuch as the probability of arrest increases with the presence of a criminal record."
Other new findings in the study include:
In 2005 in Cook County, home of the largest population of black residents in the state, African-Americans who were arrested only for a Class 4 felony drug possession charge were eight times more likely to go to prison than their white counterparts;
The proportion of nonwhites arrested for Class 4 drug possession more than doubled their representation in Illinois' general population, at 66 percent to 27 percent, in 2005;
The Cook County criminal court system is "inundated" with low-level drug cases, with 72 percent of defendants in a sample of cases from 2005 having a drug charge;
The study is primarily based on information about all 42,297 drug arrests in 2005 that researchers obtained from the Illinois State Police. Information about Cook County drug sentencing is based on a random sample of 5,000 drug and non-drug criminal cases adjudicated in its courts that same year.
In spite of arrest and sentencing disparities, major racial and ethnic groups use drugs at roughly the same rates. "[W]ithin racial/ethnic categories, the percentages of illicit drug use in the past year are highly comparable for whites, African Americans, and Latinos in Illinois: 2 percent, 1 percent, and 1 percent, respectively (illicit drugs without marijuana) and 4 percent, 5 percent, and 2 percent, respectively (illicit drugs with marijuana)," according to the report.
The findings in the Illinois Disproportionate Justice Impact Study confirm a disturbing reality about drug-related arrests and incarcerations that a number of other reviews have also found over the years.
In Illinois and other states, the consequences of mass drug-related incarceration are well documented, and include poorer health, a lack of marriageable men, and a loss of economic opportunities, among other social strains, in minority communities.
Ten recommendations are included in the report.
Members of the general assembly, the report says, should be able to attach a "Racial & Ethnic Impact Statement" to criminal justice-related bills and policies; a new task force to collect better data is called for; and "drug-free zone laws" must reviewed to gauge their effectiveness in protecting children from drugs.
Other recommendations would help those arrested but not convicted for drug crimes and ex-offenders who have left the prison system.
The State of Illinois should prohibit including "drug-related arrests that do not result in conviction in criminal histories collected for employment-related purposes," one of the recommendations states. And some arrestees should have their records automatically expunged and sealed for Class 4 felony possession charges or convictions.
In terms of the state's fiscal policy toward incarceration, the state needs to "establish budget policy and priorities to promote full utilization of existing diversion programs or alternatives to incarceration," including a program called Adult Redeploy. To quote at length from the discussion in the study about this final point:
"[The recommendation] reflects a philosophical shift toward prioritizing limited state resources to addressing the causes of criminal behavior and the attendant disproportionate impacts on minority communities, and away from paying for the results of not addressing that behavior. This shift has been adopted by 14 states currently pursuing a strategy known as Justice Reinvestment, wherein external consultants work closely with state policymakers to advance fiscally sound, data-driven criminal justice policies to break the cycle of recidivism, avert prison expenditures, and make communities safer.
Malcolm Young, a criminal justice researcher at Northwestern University who did not participate in putting the disproportionate justice study together, called its findings important and unfortunate, but not surprising. He said that more needs to be done at the front-end to keep drug users out of the criminal justice system.
That isn't an issue for wealthier people. Users from high-income communities have multiple -- "10 or 15 or 20" -- opportunities to pay for private drug treatment programs and then fall off the wagon, Young said. Their financial asset allow them to get help then relapse without involving the police or the courts. Poor users, often minorities, don't have those options.
A court like Cook County's drug court might extend a few chances for a low-income user the police arrest to seek public treatment, Young said, but if there are multiple relapses his or her problem then becomes criminalized. "The response system very quickly becomes the criminal justice system," he said.
From arrests to sentencing, the war on drugs in Illinois hammers minority communities especially hard, a new analysis called the "Illinois Disproportionate Justice Impact Study" shows.
One of the top -- and most distressing findings -- in the report is that nonwhites were arrested for drug-related offenses at rates that outstrip their share of the population in 62 out the state's 102 counties. Nearly three-quarters of the arrests were related to drug possession.
The trend was especially pronounced in "jurisdictions with smaller populations of nonwhite residents," according to the study. In downstate Iroquois County, for example, nonwhites made up 5 percent of the population in 2008 but represented 36 percent of those arrested on drug charges in 2005.
The problem exists in urban areas as well: while 46 percent Cook County's more than 5.2 million residents in '08 were nonwhite, they comprised 76 percent of drug arrestees three years earlier.
The study shows that disparities in who is arrested for drug-related crime extend into court systems, as well.
While cautioning that some of the data is incomplete, the report nonetheless found that statewide, African American defendants facing a Class 4 drug possession charge were sentenced to jail at a rate nearly five times greater than whites arrested for the same offense. Class 4 possession is the least severe of Illinois' felony drug charges.
"The disproportionate odds of nonwhites moving from the arrest stage to later stages in the process (specifically, prosecuting and sentencing to prison) are only partially explained by the racial imbalances at arrest and remain after statistically accounting for the selection bias at each stage," the report states. The arrest patterns then make it more likely that nonwhites go to jail, as they are stuck with a criminal history. "These unequal outcomes in the court system compound the disparities at arrest in a vicious cycle inasmuch as the probability of arrest increases with the presence of a criminal record."
Other new findings in the study include:
In 2005 in Cook County, home of the largest population of black residents in the state, African-Americans who were arrested only for a Class 4 felony drug possession charge were eight times more likely to go to prison than their white counterparts;
The proportion of nonwhites arrested for Class 4 drug possession more than doubled their representation in Illinois' general population, at 66 percent to 27 percent, in 2005;
The Cook County criminal court system is "inundated" with low-level drug cases, with 72 percent of defendants in a sample of cases from 2005 having a drug charge;
The study is primarily based on information about all 42,297 drug arrests in 2005 that researchers obtained from the Illinois State Police. Information about Cook County drug sentencing is based on a random sample of 5,000 drug and non-drug criminal cases adjudicated in its courts that same year.
In spite of arrest and sentencing disparities, major racial and ethnic groups use drugs at roughly the same rates. "[W]ithin racial/ethnic categories, the percentages of illicit drug use in the past year are highly comparable for whites, African Americans, and Latinos in Illinois: 2 percent, 1 percent, and 1 percent, respectively (illicit drugs without marijuana) and 4 percent, 5 percent, and 2 percent, respectively (illicit drugs with marijuana)," according to the report.
The findings in the Illinois Disproportionate Justice Impact Study confirm a disturbing reality about drug-related arrests and incarcerations that a number of other reviews have also found over the years.
In Illinois and other states, the consequences of mass drug-related incarceration are well documented, and include poorer health, a lack of marriageable men, and a loss of economic opportunities, among other social strains, in minority communities.
Ten recommendations are included in the report.
Members of the general assembly, the report says, should be able to attach a "Racial & Ethnic Impact Statement" to criminal justice-related bills and policies; a new task force to collect better data is called for; and "drug-free zone laws" must reviewed to gauge their effectiveness in protecting children from drugs.
Other recommendations would help those arrested but not convicted for drug crimes and ex-offenders who have left the prison system.
The State of Illinois should prohibit including "drug-related arrests that do not result in conviction in criminal histories collected for employment-related purposes," one of the recommendations states. And some arrestees should have their records automatically expunged and sealed for Class 4 felony possession charges or convictions.
In terms of the state's fiscal policy toward incarceration, the state needs to "establish budget policy and priorities to promote full utilization of existing diversion programs or alternatives to incarceration," including a program called Adult Redeploy. To quote at length from the discussion in the study about this final point:
"[The recommendation] reflects a philosophical shift toward prioritizing limited state resources to addressing the causes of criminal behavior and the attendant disproportionate impacts on minority communities, and away from paying for the results of not addressing that behavior. This shift has been adopted by 14 states currently pursuing a strategy known as Justice Reinvestment, wherein external consultants work closely with state policymakers to advance fiscally sound, data-driven criminal justice policies to break the cycle of recidivism, avert prison expenditures, and make communities safer.
Malcolm Young, a criminal justice researcher at Northwestern University who did not participate in putting the disproportionate justice study together, called its findings important and unfortunate, but not surprising. He said that more needs to be done at the front-end to keep drug users out of the criminal justice system.
That isn't an issue for wealthier people. Users from high-income communities have multiple -- "10 or 15 or 20" -- opportunities to pay for private drug treatment programs and then fall off the wagon, Young said. Their financial asset allow them to get help then relapse without involving the police or the courts. Poor users, often minorities, don't have those options.
A court like Cook County's drug court might extend a few chances for a low-income user the police arrest to seek public treatment, Young said, but if there are multiple relapses his or her problem then becomes criminalized. "The response system very quickly becomes the criminal justice system," he said.
Subscribe to:
Posts (Atom)
