Ferguson – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 DOJ Sues Ferguson, Missouri Over Police Reform https://legacy.lawstreetmedia.com/news/doj-sues-ferguson-missouri-over-police-reform/ https://legacy.lawstreetmedia.com/news/doj-sues-ferguson-missouri-over-police-reform/#respond Thu, 11 Feb 2016 16:46:29 +0000 http://lawstreetmedia.com/?p=50594

Loretta Lynch is not happy.

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"Ferguson protest in downtown St. Louis" courtesy of [velo_city via Flickr]

The Department of Justice (DOJ) has announced it will be filing suit against the city of Ferguson, Missouri, after the city went back on a negotiated deal that would help reform the criminal justice system in the beleaguered St. Louis suburb.

This is the latest move in Ferguson in the 18 months since Michael Brown was shot and killed by a white police officer, Darren Wilson. After the nationwide protests that followed, Ferguson was investigated by the DOJ. That investigation yielded a revelation about civil rights abuses at practically every level of Ferguson’s criminal justice system, including the consistent use of excessive force by police officers against the city’s Black residents, and that the courts inappropriately focused on “making money” rather than ensuring citizens’ safety.

After the release of that report, the DOJ sat down with Ferguson officials in an attempt to hammer out a deal that would reform the city’s criminal justice system. It was announced last month that deal was reached, and just this week city officials voted for it, but with seven pretty serious amendments, citing serious concerns about costs to a city that is struggling financially as is. Ferguson Mayor James Knowles explained the decision to back away from the agreement, according to CBS News:

Knowles said the seven amendments were formulated after the analysis showed the deal was so expensive it could lead to dissolution of Ferguson. The analysis suggested that the first-year cost of the agreement would be $2.2 million to $3.7 million, with second- and third-year costs between $1.8 million and $3 million in each year.

However, Attorney General Loretta Lynch fought back against the changes, stating that, “their decision leaves us no further choice.” As a result, the DOJ is filing a civil rights lawsuit against Ferguson. This doesn’t come as a surprise–Lynch has previously threatened to file suit if Ferguson didn’t comply with the DOJ’s requests.

Ferguson’s decision to fight a lawsuit rather than spend the money to make necessary changes to its criminal justice system may seem counterintuitive, but the city seems to think paying those legal fees will be cheaper than actually making real reform. It’s a calculated gamble, however, given that the Justice Department doesn’t seem willing to let go over reforming the city’s broken criminal justice system without a tough fight.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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California Bans Grand Juries in Police-Involved Deaths: Will it Be Enough? https://legacy.lawstreetmedia.com/blogs/law/california-bans-grand-juries-in-police-involved-deaths-will-it-be-enough/ https://legacy.lawstreetmedia.com/blogs/law/california-bans-grand-juries-in-police-involved-deaths-will-it-be-enough/#respond Wed, 19 Aug 2015 15:01:50 +0000 http://lawstreetmedia.wpengine.com/?p=47065

A move toward more accountability.

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Image courtesy of [Fibonacci Blue via Flickr]

It’s been just over a year since the shooting death of Michael Brown in Ferguson, MO, but the United States is still reeling from the revelations about police brutality and the issues in our criminal justice system. One of the most controversial aspects of Brown’s case involved the choice of the local grand jury not to indict the police officer who shot him, Officer Darren Wilson. The aftermath of that non-indictment, among others, sparked a new law in California that was just signed by Governor Jerry Brown. Under the law, grand juries will no longer be used to investigate the deaths of people allegedly killed by police officers.

Although processes differ from state to state, as well as on the federal level, traditionally there are two different ways that suspects can be indicted. In California, either a prosecutor can files charges and then bring the case before a judge in a preliminary hearing, or they can present evidence and seek an indictment from a supposedly unbiased grand jury. The new law, which will go into effect next year, eliminates the latter option.

The reason that California is eliminating the use of grand juries in police-involved deaths comes directly from concerns about transparency that are inherent in the grand jury system. The process usually just involves a group of private citizens receiving evidence from a prosecutor, without a judge or defense attorney present. The prosecutor essentially controls the flow of evidence–yet it’s the grand jury’s decision whether or not to indict. So, if a grand jury fails to do so, the ire falls on them, not the prosecutor. While this is supposed to protect witnesses and keep the presumption of innocence, critics of the process believe it favors the police and allows the prosecutors to avoid responsibility for their actions.

Under the new California law, however, the decision will be made by the prosecutor–and the hope is that they conduct fair and unbiased investigations and file charges if they’re needed. The move is supposed to foster transparency and accountability.

California state Senator Holly J. Mitchell, who wrote the bill, stated:

The use of the criminal grand jury process, and the refusal to indict as occurred in Ferguson and other communities of color, has fostered an atmosphere of suspicion that threatens to compromise our justice system.

However, not everyone is as optimistic that the change will help make sure that officers who do use force inappropriately are held accountable. In fact, another state, New Jersey, has taken literally the opposite approach to ensure that proper oversight is given to police-involved deaths. New Jersey has mandated that civilian grand juries be used in those cases, and created some guidelines and parameters for that use in order to ensure that cases are presented uniformly.

It is very clear that there are certain aspects of our justice system that warrant a re-examination; police-involved killings certainly make the list. While California’s move away from grand juries could end up leading to more transparency, more change may still be needed to make sure that the prosecutors on whom the burden now falls are subject to fair oversight. It’s a step in the right direction, but let’s just hope it’s a big enough step.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Ferguson’s New Interim Police Chief: Step in the Right Direction, But Still Not Enough https://legacy.lawstreetmedia.com/blogs/culture-blog/fergusons-new-interim-police-chief-probably-wont-solve-problems/ https://legacy.lawstreetmedia.com/blogs/culture-blog/fergusons-new-interim-police-chief-probably-wont-solve-problems/#respond Tue, 28 Jul 2015 18:04:54 +0000 http://lawstreetmedia.wpengine.com/?p=45758

Can Andre Anderson really turn the department around?

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There’s a new police chief in Ferguson, Missouri and his name is Andre Anderson. Ferguson leaders have introduced him as the city’s first African-American head of the police, because they believe he’s the right man for the very tough job.

Anderson is taking a six month leave from his Glendale, Arizona commander post to take on the new role of the city’s interim police chief. If all goes well, this is a role that could potentially become permanent by the end of his service.

Anderson told reporters his first priority would be “simply to build trust” and enhance the city’s recent efforts to get officers to develop positive relationships with people in the areas they patrol. Anderson explained this is not something the force can do on its own. He said to the residents “we cannot do this without you. I believe together, we can forge better relationships.” In addition, Anderson also plans to train his officers to guard against bias and escalation, and focus on hiring more qualified Black officers.

While the effort for a change within this department is appreciated, this does not mean the problem has been solved. Change will not come with just a new temporary police chief who is Black and has plans to hire more Black cops and work with the community. Yes, these are all steps in the right direction, but change will not come until our society, which includes police officers, respect Black lives.

After the August 9 shooting death of 18-year-old Michael Brown, an unarmed Black teenager who died at the hands of a white Ferguson police officer, the Ferguson Police Department was suddenly under the microscope. Brown’s killing sparked a revolution in Ferguson, creating weeks of fiery protests and threw a national spotlight on the St. Louis suburb of 21,000. The protests only increased when Wilson was not indicted by a grand jury.

Darren Wilson made comments describing what he did as the “right thing to do,” because he wasn’t quite sure what Brown could be capable of. He claimed that during their scuffle, Brown was abrasive, and tried to lunge at him more than once. He also claimed that Brown told Wilson he was “too much of a p– to shoot him.” But many people question the accuracy of his story, as well as Wilson’s reasoning. Even though he claimed the outcome would have been the exact same had Brown been white, this is something many are uncertain of, as Brown was also unarmed. The controversy has continued, as the department  saw many resignations after the release of a report from the Justice Department that found a culture of racism in the police department and municipal offices. Former Police Chief Tom Jackson was among the city officials who resigned.

A large issue between police officers and minority communities is that community members fear or do not respect white police officers. If there are more Black police officers in the community, this relationship could change, but it’s not enough. This is a great step in the right direction, but that does not mean the problematic culture doesn’t still exist. There’s still a long way to go to ensure that everyone is treated fairly by the law.

Angel Idowu
Angel Idowu is a member of the Beloit College Class of 2016 and was a Law Street Media Fellow for the Summer of 2015. Contact Angel at staff@LawStreetMedia.com.

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The Militarization of American Police: How Far is Too Far? https://legacy.lawstreetmedia.com/issues/law-and-politics/militarization-american-police-far-far/ https://legacy.lawstreetmedia.com/issues/law-and-politics/militarization-american-police-far-far/#respond Sat, 30 May 2015 18:11:10 +0000 http://lawstreetmedia.wpengine.com/?p=41807

A history of the efforts toward militarization, and what's being done now to combat it.

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Image courtesy of [Andy Grant via Flickr]

There has been a lot of talk lately about police brutality in connection with the killings of unarmed Black men. As a result of these discussions, the issue of police militarization has also become a hotly contested topic. Do we need highly militarized police forces in our communities? What are the issues behind government-sponsored militarization practices? Read on to learn about the history of police militarization, the main issues, and the current efforts to demilitarize.


How have our police become militarized?

The Third Amendment to the U.S. Constitution states:

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Thus, the distinction between police officers and soldiers was stipulated in the Bill of Rights. This fundamental principle was further codified in the Posse Comitatus Act of 1878 that limits the power of the government to operate military forces inside its borders. It was clear from the beginning that the police should maintain peace inside the country, while military troops protect U.S. interests outside the borders.

During the Prohibition Era, criminal syndicates became involved in the  manufacturing and distribution of alcohol in the United States. At that time, the police also became more militarized, deploying armored cars and automatic weapons to counteract illegal alcohol “bootlegging.”

During the race riots of the 1950s-60s, police militarization continued. The Watts Riots of 1965 played a crucial role when SWAT teams were deployed to combat the violence. The upturn in the usage of battlefield weapons can be traced to this period as well.

The 1970-80s were marked by the rise of drug trafficking and the inception of the Medellin Cartel, one of the most powerful international narcotic rings. At the same time, street gangs began to hold considerable weapons arsenals, resulting in shoot outs and gun violence in some inner-city neighborhoods. As drug traffickers and local gangsters were heavily weaponized, police continued militarizing their departments as well.

But the most profound transformation came with the inception of the War on Drugs, initiated by President Richard Nixon in the early 1970s. During this time, the federal government started its long-term attempts at militarization and weaponization of local law enforcement agencies, primarily to enforce drug laws. Thus, the practice of transferring the army’s military equipment to police departments was born. The 1981 Military Cooperation with Civilian Law Enforcement Agencies Act established close ties between the U.S. military and police by allowing military forces to aid police departments in drug and counterterrorism operations as well as in cases of civil disturbances. It’s widely believed that the War on Drugs introduced the large scale militarization of police departments, shifting the government focus from the civil unrest of the 1960s toward drug enforcement.

In 1997, the Clinton Administration created the 1033 Program, authorized by the National Defense Authorization Act. This initiative legitimized transfers of surplus military equipment from the Department of Defense (DoD) to police departments across the country to aid local law enforcement agencies in their anti-drug operations. Most of the transferable equipment came from U.S. involvement in wars, including operations in Iraq and Afghanistan. To utilize this surplus of military equipment, it was further distributed to police departments across the country, and led to police agencies even obtaining mine-resistant ambush protected (MRAP) vehicles.

After 9/11, the militarization of police departments accelerated as the Patriot Act of 2001 came into play. Since 2003, militarization has become large scale, with the federal government giving grants as well as military gear, mainly through the Department of Homeland Security (DHS).

Besides federal programs, the militarization of police was achieved through the expansion of companies that build military gear and sell it directly to police departments or the federal government. As of now, many  police departments are highly militarized with MRAT vehicles, SWAT teams, and military-grade gear, often originally intended for use in the battlefield.


How militarized is the American police force?

As was discussed above, the militarization of American police is channeled mainly through the Department of Defense (DoD) and the Department of Homeland Security (DHS). The numbers are staggering. In 1990, police departments received just $1 million worth of military equipment, but in 2013 this number reached $450 million.  By 2005, more than 17,000 police departments received military gear from the DoD. In the same vein, from 2002 until 2011, DHS dispensed $35 billion in grants to state and local police departments.

American police forces have sniper rifles, armored vehicles, and all sorts of heavy weaponry. According to the American Civil Liberties Union, at least 63 police departments received 15,054 pieces of personal protective equipment, and around 500 police departments obtained MRAP vehicles, all through government-sponsored initiatives, including the DoD’s 1033 program.

In addition, the use of Special Weapons and Tactics (SWAT) teams has greatly increased throughout the last decades. In 1980, SWAT teams were utilized only 3,000 times–now they are deployed on a regular basis, around 50,000 times a year. By 2007, more than 80 percent of police departments in large cities with populations higher than 25,000 had SWAT teams.

 


What are the issues against militarized police forces?

There is no doubt that police officers should be well equipped to protect peace and security in American communities. The question is whether the current level of police militarization makes our communities safer and more secure or harms the very people police departments are trying to protect. Here are some of the arguments against police militarization.

It’s Unnecessary

Police militarization is unnecessary, especially when talking about small cities that have hardly any crime. There are a myriad of towns that have few murders but huge arsenals of military-grade gear and SWAT teams. For example, there were only three murders in Keene, a small town in New Hampshire, from 1999 till 2012, but its police department has spent $286,000 on an armored personnel carrier, in addition to spendings on other military gear. Federal programs provide incentives for law enforcement to obtain military equipment, even when it’s not needed.

It’s Dangerous

Highly militarized and well trained SWAT teams were designed for deployment in dangerous situations, for example, hostage situations or mass shoot-outs. Now, SWAT teams are used in routine drug enforcement operations. Overall, 79 percent of SWAT teams are deployed to execute search warrants, while only seven percent are used in high-risk situations.

SWAT teams often force their way inside a house, use violent tactics that may inflict bodily harm or property damage to homeowners, and scare children who may suffer psychological damage after the experience. In fact, 65 percent of such teams forced their way into people’s homes, relying on “no-knock” warrants. SWAT teams are also employed to counteract illegal gambling, underage drinking, and other low level non-life threatening crimes.

It Incites Violence

According to multiple psychological studies, paramilitary police forces can incite violence in communities. It’s called the “weapons effect,” meaning that people feel the threat of violence and get ready to fight back when they encounter military-like weapons and large machinery. Simply put, the mere presence of paramilitary police forces can escalate situations and produce tensions between police and community members that could be avoided if police would engage with people in a friendly way. In 2014 alone, 623 Americans were killed by the police.

Asset Forfeiture

Some argue that asset forfeiture is one of the primary ways used to fund police militarization. Many law enforcement agencies use money obtained through asset forfeiture to buy military gear, machinery, and other military-grade equipment. In 1986, the Federal Asset Forfeiture Fund controlled $93.7 million; in 2012 the fund held $6 billion. There is an ongoing debate over whether or not asset forfeiture laws are discriminatory and unfair, with many lawmakers and politicians casting their support for changes in the matter. At the core of asset forfeiture laws is the principle that any property involved in committing a crime can be seized by the government, even if a person is not convicted or even charged with a crime. This argument holds that law enforcement chooses to raid homes to seize a house, or bust drug deals during monetary transactions to seize the cash. Such practices often happen in communities of color and focus on drug-related crimes. A 2013 investigative piece by New Yorker reporter Sarah Stillman provides that:

Thousands of police departments nationwide have recently acquired stun grenades, armored tanks, counterattack vehicles, and other paramilitary equipment, much of it purchased with asset-forfeiture funds.

No Public Oversight

Militarization of the police came into being without any public oversight. There were no public debates in this regard, and no agency was empowered to monitor military equipment transfers. The lack of transparency is evident in the inadequacy and sometimes even complete absence of records that document and track police militarization. The ACLU reports on the omission of information, deficiency in reporting, and nonexistence of government monitoring, all regarding the amount of military gear and its usage.

Communities of Color

SWAT team deployment and the overall militarization of the police increased while violent crime fell. It also coincided with the inception of the “War of Drugs,” which disproportionally targeted communities of color by raiding low-income communities and public housing in the search for drugs. According to the ACLU, 61 percent of SWAT raids were executed in minority communities, and 68 percent of those were drug related. At the same time, white people were usually targeted by SWAT teams only in serious and life-threatening situations, not drug raids. A similar argument is explained in a highly acclaimed book by Michele Alexander “The New Jim Crow: Mass Incarceration in the Age of Colorblindness,” where she talks about marginalization of Black communities and the creation of a new caste-like system based on race. According to her argument, the War on Drugs was waged to marginalize Black communities by disproportionately incarcerating young Black men. In this regard, the militarization of police was a necessary step to enforce punitive drug laws.

Police Imagery

When police officers are riding in MRAT vehicles and wearing highly militarized gear, some worry it sends the wrong message to communities. Police encounters can be highly traumatic experiences for anybody, but especially for communities of color that are often policed more aggressively. Instead of patrolling by foot and engaging with the community members, police officers use military-grade gear and painted camouflage vehicles. Thus, police officers are perceived more as soldiers fighting an enemy. As a result, the relationships between communities and police departments have become hostile. Community members are scared of the police and often don’t want to cooperate or even interact with law enforcement.

Big Business

For American companies that produce military equipment and gear, the militarization of police is a big business. Companies like Lockheed Martin and Blackhawk Industries sell their military equipment to police departments, or donate money to those politicians who favor further militarization of law enforcement. For example, politicians who voted against Representative Alan Grayson’s (D-FL) efforts aimed at limiting police militarization received on average a 73 percent increase in defense industry donations than those who supported his efforts. Besides the selling of equipment, military contractors sponsor training sessions for SWAT teams and other events to promote their products and sell them to police departments across the United States.


Current Efforts to Demilitarize Police Departments

Police militarization went largely unchallenged for decades. Only recent events, such as protests in Ferguson, Missouri, were able to shed some light on the issue of ongoing police militarization. When protests in Ferguson erupted, police met protesters with armored cars and military gear designed for battlefields. As the media was covering the events, millions of Americans were able to see the aggressive and intimidating images of highly armored police from Ferguson.

The #BlackLivesMatter movement also added fuel to the fire by demanding government to stop transferring military gear to local law enforcement agencies, and start dismantling the existing arsenals.

Eventually, the Obama Administration delivered a long-awaited response. A new policy focuses on the 1033 Program by regulating military equipment transfers, overseeing and monitoring the usage of military equipment, and reshaping police practices toward community-oriented approaches. For example, armored and weaponized vehicles as well as grenade launchers will be forbidden for transfer. Other transferable equipment will be regulated with restrictions and certain conditions for transfer. Essentially, a police department will have to justify the need for military equipment by presenting arguments and explaining precisely why and for what purposes it will be used. In addition, a new federal agency will be empowered with monitoring military equipment transfers and even conducting local compliance reviews if needed. The new policy also mentions community-based policing as a desired form of conducting police business. Police departments will have to engage with residents more, nurture trust, and build relationships with local leaders and youth in order to receive federal grants in the first place.


Conclusion

As the United States has the highest per capita gun ownership in the Western world, it’s assumed that police departments should also be highly militarized. But militarization has many issues and unintended consequences that cannot be ignored. Instead of weaponizing police officers, law enforcement officials should focus on engaging with residents and building meaningful relationships, not casting fear and intimidation with MRAT vehicles and heavy weaponry. It’s not only about limiting the 1033 Program, but reforming asset forfeiture laws, limiting aggressive drug enforcement in low-income communities, and providing clear guidelines regarding when SWAT teams are appropriate for deployment. It’s paramount that local activists and elected officials continue to demand accountability from police departments, and push the current efforts even further.


Resources

Washington Post: Obama Moves to Demilitarize America’s Police

Washington Post: Demilitarizing the Police is Not an Option. What is?

Pacific Standard: The Psychological Reason Local Police Don’t Need the Military’s Left-Over Weapons

Huffington Post: President Adopts Amendment Against Police Militarization

Economist: Disarming Warrior Cops

Economist: How America’s Police Became So Heavily Armed

Economist: Cops or Soldiers?

International Business Times: Police Militarization History Stretches Back to Civil Rights Movement

American Civil Liberties Union: War Comes Home: The Excessive Militarization of American Policing

Alternet: 11 Shocking Facts About America’s Militarized Police Forces

1920-30: Prohibition

National Gang Center Bulletin: History of Street Gangs in the United States

New Yorker: Taken

Valeriya Metla
Valeriya Metla is a young professional, passionate about international relations, immigration issues, and social and criminal justice. She holds two Bachelor Degrees in regional studies and international criminal justice. Contact Valeriya at staff@LawStreetMedia.com.

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Police Forces Are Getting More Diverse, But is That Enough? https://legacy.lawstreetmedia.com/blogs/crime/diversity-american-police-force-enough/ https://legacy.lawstreetmedia.com/blogs/crime/diversity-american-police-force-enough/#comments Thu, 21 May 2015 19:06:03 +0000 http://lawstreetmedia.wpengine.com/?p=39793

Police forces are getting more diverse, but is it helping?

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Image courtesy of [Thomas Hawk via Flickr]

The number of police officers in the United States has increased significantly over the last several decades, according to a Bureau of Justice Statistics report released last week. Local police departments are also becoming more diverse, as women and minorities continue to make up a larger share of forces.

The report provides an interesting snapshot of American police in 2013, highlighting some notable trends that have occurred over the last 26 years. In addition to becoming more diverse, the number of sworn police officers has also steadily increased. Since 1987, the number of sworn police officers has gone up by approximately 35 percent, with a total of 477,000 officers in 2013.

Another interesting finding in the BJS report is that the most American police officers work in cities with large populations. Only three percent of local police departments serve populations greater than 100,000, but these departments employ 54 percent of all sworn officers. In fact, many police departments in the United States are very small. Nearly half (48 percent) of the 12,326 local police departments have fewer than ten sworn officers.

The racial diversity among officers has become a very important issue in light of the growing tensions between minority communities and the police, which was highlighted in the Justice Department’s review of the Ferguson Police Department.

The recent BJS report indicates that ethnic and racial minorities are increasingly being represented in local police departments. Roughly 27 percent of all full-time police officers were members of a racial or ethnic minority in 2013. In contrast, the number of minority police officers was less than 15 percent in 1987. The chart below details the growth in minority police officers over time based on BJS surveys.

Police departments serving cities with large populations tend to be much more diverse than those in small towns. As you can see in the chart below, nearly three-quarters of all police officers are white, but as the size of a police department’s jurisdiction increases that number goes down considerably. While the composition of larger police departments tends to be more representative of the populations that they serve, this remains an issue for many departments, particularly those in smaller cities. For example, at the time Michael Brown’s death last summer, 50 of the 54 police officers in Ferguson, Missouri were white, yet 65 percent of the city’s residents were black.

The BJS data further indicates that more and more women are joining the ranks. As of 2013, one in eight police officers and one in ten first-line supervisors were female. The total number of female police officers has increased by roughly two percent since 2007, the last time that this data was collected. Much like racial diversity, larger police forces typically have a significantly higher proportion of female officers relative to smaller departments. According to the report, “the percentage of female first-line supervisors was more than twice as high in departments serving 250,000 or more residents (15 percent), compared to departments serving fewer than 50,000 residents (six percent).”

The percentage of women serving in supervisory positions was lower than the percentage of female police officers in all population groupings. In total, women make up 12.2 percent of the American police force and 9.5 percent of those serving in supervisory positions. This survey marked the first time that data on female representation in supervisory and managerial positions was collected so historical data is not available for comparison.

The findings from this report indicate the extent to which diversity has increased in police departments in recent decades, as well as the overall growth in the number of police officers in America. While there have been significant improvements in overall police diversity, there remain several significant gaps among individual police departments. Although larger police departments tend to be much more diverse than smaller ones, many departments are still much more white than the populations that they serve. Having greater racial parity between police and the residents that they interact with may be a important step toward improving community relations. The recent growth in diversity marks one step toward better representation, yet in cities like Ferguson, Missouri, there is still a long way to go.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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Jay Z and Beyonce: Secret Activists? https://legacy.lawstreetmedia.com/news/jay-z-beyonce-bailed-protesters-baltimore-ferguson/ https://legacy.lawstreetmedia.com/news/jay-z-beyonce-bailed-protesters-baltimore-ferguson/#comments Tue, 19 May 2015 18:52:59 +0000 http://lawstreetmedia.wpengine.com/?p=39954

Jay Z and Beyoncé have been quietly active in the Black Lives Matter movement.

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Image courtesy of [Erin Benson via Flickr]

Jay Z’s “Decoded” ghostwriter may need to work on her discretion after spilling some of the Carters’ philanthropic secrets publicly via Twitter. The ghostwriter, dream hampton, is a writer, award-winning filmmaker, and social justice organizer active in the Black Lives Matter movement. According to hampton, Jay Z and Beyoncé shelled out tens of thousands of dollars to bail out jailed protesters in Baltimore and Ferguson, but had requested their charitable actions be kept under wraps.

In a string of tweets posted Sunday that have now been deleted (but were screenshot by Complex) hampton wrote,

I’m going to tweet this and I don’t care if Jay gets mad

When we needed money for bail for Baltimore protestors, I asked hit Jay up, as I had for Ferguson , wired tens of thousands in mins.

When BLM needed infrastructure money for the many chapters that we’re growing like beautiful dandelions, Carters wrote a huge check.

…and more stuff, too much to list actually, that they always insist folk keep quiet.

Later that night, hampton went on to clarify her tweets which she later called “error ridden,” writing:

Hampton’s honesty may have been motivated by critics consistently condemning the Carters for not speaking out publicly after the deaths of Michael Brown and Freddie Gray, which resulted in protests from thousands in Ferguson and Baltimore. In actuality the notoriously private couple, whose combined net worth is estimated at over $1 billion, had quietly been active with their contributions, which in many ways says a lot about their generosity.

Bankrolling bail money isn’t the only contribution the Carters have made to the Black Lives Matter movement. According to Billboard, Jay Z also reportedly helped smuggle in “I Can’t Breathe” T-shirts to players at a December Brooklyn Nets game against the Cleveland Cavaliers, and that same month met with New York governor Andrew Cuomo to discuss possible reforms for the justice system.

Jay Z and Beyoncé’s reps have neither confirmed nor denied these rumored contributions, but they may not be too happy with their loose lipped associate. She may also be in a bit of trouble, as she’s now notifying everyone with her Twitter bio that she is on hiatus.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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United Nations Criticizes U.S. Over These Human Rights Issues https://legacy.lawstreetmedia.com/news/united-nations-criticizes-u-s-over-these-human-rights-issues/ https://legacy.lawstreetmedia.com/news/united-nations-criticizes-u-s-over-these-human-rights-issues/#comments Wed, 13 May 2015 20:53:05 +0000 http://lawstreetmedia.wpengine.com/?p=39721

The United States isn't immune when it comes to human rights criticism.

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The United States found itself facing criticism from the international community in regards to concerns about its human rights record this week. The criticisms were levied during the U.S.’s second universal periodic review in front of the United Nations’ Human Rights Council. Listed among the concerns that other nations presented about the U.S.’s human rights record included the American failure to shut down the detention facilities at Guantanamo Bay and the prevalence of sexual violence against Native American women. But one of the biggest focal points of the criticism was the culture of police violence and militarization, particularly against young black men, in the United States.

This is no surprise–during the recent flurry of media activity over the protests in Baltimore after the death of Freddie Gray at the hands of the Baltimore police, I came across a Washington Post article that posited “How Western media would cover Baltimore if it happened somewhere else.” While the writer of that piece, Karen Attiah, certainly wasn’t the only one I saw pose that question, I found her take particularly compelling, as she wrote it from the point of view of another nation’s media outlet. Take this passage for example:

Black Americans, a minority ethnic group, are killed by state security forces at a rate higher than the white majority population. Young, black American males are 21 times more likely to be shot by police than white American males.

Sounds pretty bad when it’s phrased like that, doesn’t it?

The point is that if we, as Americans, saw coverage of the racial discrimination and police conduct in this country the way that we see coverage of human rights abuses in other nations, we would be appalled and outraged. Therefore, it was no surprise to me that we received some criticism at the United Nations review.

At the same time, it also didn’t surprise me that the response that many Americans had to the criticism has been less than graceful. The main complaints appear to be twofold–some are upset that we even allowed ourselves to be reviewed by the UNHRC, calling it “farcical.” In a very similar vein, there are complaints that during the United States’ presentation in front of the council, the Obama administration even admitted to having to work on some of the aforementioned issues. There was also anger over which nations criticized us, countries including Iran, Cuba, Pakistan, and Russia. Critics of the review have been very quick to point out that those nations have very long histories of horrible human rights abuses themselves.

That’s completely true. Human rights abuses in Iran, Cuba, Pakistan, and Russia, among many other nations, are apparent, horrendous, and deserve high levels of criticism and attention. But I don’t quite get how that fact invalidates concerns about human rights abuses in the United States. Two wrongs don’t make a right–just because another nation is committing a wrong, our wrong isn’t suddenly rendered right.

Moreover, what happened to being a good example? How can we demand that other nations be accountable for their human rights abuses when we can’t even talk about ours in an open forum with humility and respect? It’s not easy to admit that there’s a problem in this country when it comes to racism and police violence. But criticizing other countries for pointing it out certainly won’t do anything to fix it. Instead, we need to work together as a nation to combat these systemic problems, and become the very role model we purport to be.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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#BlackLivesMatter: How a Hashtag Sparked a Powerful Movement https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/blacklivesmatter-hashtag-powerful-movement/ https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/blacklivesmatter-hashtag-powerful-movement/#comments Fri, 08 May 2015 12:30:27 +0000 http://lawstreetmedia.wpengine.com/?p=39226

The inception of the movement sweeping America.

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Image courtesy of [Gerry Lauzon via Flickr]

Beginning as a social media hashtag, #BlackLivesMatter developed into a movement and became a leading force in the fight against police brutality and racism across the nation. People from all walks of life are uniting for justice, are inspired to speak up, and most importantly are ready to take action. But how did #BlackLivesMatter reach the masses? How has it developed into such a profound transformational force? Read on to learn more about #BlackLivesMatter, its inception, and the movement to end police brutality and racial inequality in the United States.


What is #BlackLivesMatter?

#BlackLivesMatter (BLM) is a movement that focuses on anti-African-American racism in the United States. It was founded by three Black women: Alicia Garza, Patrisse Cullors, and Opal Tometi. Although it began as a social media hashtag, they created the infrastructure for the overall campaign, framing it as “not a moment, a movement.”

According to #BlackLivesMatter, racism is still prevalent in American society through the marginalization of Black communities, which are intentionally left powerless and voiceless. In this regard, the movement asserts the right of all Black people to liberation.

BLM has opened up a broader conversation about long-standing racism and violence against Black communities in the United States. It aims to affirm the lives of all Black people who suffer from racial oppression in American society, including Black trans people, Black queer people, Black immigrants, Black incarcerated and formerly incarcerated people, Black millennials, Black women, low-income Black people, and Black people with disabilities. 


The Inception and Evolution of #BlackLivesMatter

#BlackLivesMatter was created after Trayvon Martin, a 17-year-old African-American boy from Florida, was fatally shot by George Zimmerman, a neighborhood watch volunteer, on February 26, 2012. In July 2013, Zimmerman was acquitted of all charges.

The outcome of the trial led to resentment from Black communities, and America as a whole, as Martin was unarmed when Zimmerman shot him. The day after the acquittal, people took to the streets in major cities including Miami, New York, Washington D.C., Chicago, San Francisco, Newark, St. Louis, Los Angeles, Milwaukee, and Charlotte. More than 100 U.S. cities held demonstrations in support for Trayvon Martin.

Garza, one of BLM’s co-founders, used Facebook to express her outrage over the fact that nobody was held accountable for the death of an unarmed Black teenager. She finished her sentence with the phrase “we got us and our lives matter.” Cullors went further and added the hashtag #BlackLivesMatter when re-posting her friend’s message. People started to use this hashtag when talking about racism and extrajudicial killings of Black men in police custody. As a result, #BlackLivesMatter was born as a national organizing project. Watch the video below to learn more about #BlackLivesMatter from Garza.

Nearly a year later on July 17, 2014, Eric Garner died in Staten Island, New York, after a police officer allegedly put him in chokehold for 15 seconds while trying to take him into custody. That’s when #BlackLivesMatter started to solidify as a movement. According to Elephrame, a social media tracking website, two days after Garner’s death, more than 300 people marched in Staten Island, including Garner’s family.

Less than a month after that, on August 9, 2014, 18-year-old African-American Michael Brown, was shot to death by Darren Wilson, a white police officer in Ferguson, Missouri. Demonstrations became pervasive in cities both large and small. Thousands of people travelled to Ferguson to participate in marches, demanding justice for Brown and other victims of police violence. The #BlackLivesMatter hashtag became omnipresent on Twitter in relation to Ferguson protests and racism in general. More than 119 cities participated in a National Moment of Silence honoring the many Black citizens who have died as a result of police violence. Watch Oakland residents speaking on Ferguson and #BlackLivesMatter protests in the video below.

During the ensuing months, divided demonstrations continued to transform into a collective force. At the end of November 2014, 12-year-old Tamir Rice was shot and killed by a police officer in Cleveland, Ohio. As the Staten Island grand jury declined to indict the New York police officer who used the chokehold to take Garner into custody on December 3, 2014, people began to demand justice even more fiercely. More demonstrations were held, reaching as far as Paris, London, and Melbourne. By the end of 2014, #BlackLivesMatter was already a strong platform for many protesters, with a broader mission, and a list of demands. 

The movement carried into 2015. BLM continued to incite discussions in academia, art communities, religious establishments, and high schools and universities. A #BlackLivesMatter exhibit was featured in an art gallery in Seattle, providing viewers with different perspectives on the movement. Cornell University Africana Studies and Research Center held a community talk about #BlackLivesMatter and the current state of activist movements, taking a social history perspective. These are only few examples of the movement’s proliferation and effects.

On March 4, 2015, a St. Louis County grand jury acquitted Wilson of all charges in the death of Michael Brown. The actions of protesters became even more pronounced, disrupting public transportation and shutting down highways and bridges while marching for Michael Brown, Tamir Rice, Eric Garner, and many others.

On April 19, 2015 another Black man, Freddie Gray, died in the hospital after he was taken into custody by the Baltimore police. The events that followed shook the whole country as protests turned violent in some areas. Some police officers were injured, a state of emergency was declared, the National Guard was activated, and a 10 p.m. curfew was established in Baltimore. However, all officers involved in Gray’s death were charged with a range of crimes, including murder and manslaughter. During these latest events, many local chapters of #BlackLivesMatter marched in solidarity with Baltimore, including those in Chicago, Ferguson, and New York.

In the last 289 days, there were 431 general demonstrations and 430 for individual victims of police brutality, totaling at least 861 #BlackLivesMatter demonstrations.

An International Voice 

#BlackLivesMatter has a visible connection to other movements across the nation and abroad. Nationally, Palestinian solidarity activists, the low-wage workers movement, and Black Youth Project 100 (BYP 100) among others, all marched in support of BLM. In addition, medical students at 70 colleges, the so-called “White Coats for Black Lives,” held demonstrations in #BlackLivesMatter support. Internationally, Hong Kong’s pro-democracy marches and London’s Campaign Against Police and State Violence, among others, also stood in solidarity with the #BlackLivesMatter movement and its cause.

#BlackLivesMatter Tactics

The main tactic of the #BlackLivesMatter movement is to disrupt business as usual, including work, commuter travel, commerce, and other daily activities of U.S. residents. The rationale behind this tactic is based on the premise that people across the country need to wake up and recognize that anti-Black racism is a pervasive part of American society. BLM protesters disrupted traffic on Interstate 93 in Boston, shut down the BART station in West Oakland, California, partly shut down the Mall of America, and disrupted business as usual in many other places, all in the hope of drawing attention to its cause. 


What does #BlackLivesMatter aim to do?

#BlackLivesMatter put forward national demands and a vision for a new America. It seeks legal redress in the Michael Brown case, and asks the government to release the names of all officers involved in killing Black people for the last five years. It also calls for the creation of an advocate’s network that can institute changes across police departments, and demands that the federal government discontinue its supply of military weapons to police departments across the country. #BlackLivesMatter also demands more re-investment programs, specifically, re-directing law enforcement funds to federal departments charged with providing employment, housing, and educational services.

According to #BlackLivesMatter, its vision for a new America is as follows:

We Want an End to all Forms of Discrimination and the Full Recognition of our Human Rights. The United States Government must acknowledge and address the structural violence and institutional discrimination that continues to imprison our communities either in a life of poverty and/or one behind bars. We want the United States Government to recognize the full spectrum of our human rights and its obligations under international law.

In its vision, the movement includes not only the end of racially charged police violence and structural changes in police departments across the states, but also demands decent housing, quality education, and the end of the prison industrial complex and the school-to-prison pipeline.

#BlackLivesMatter developed rather specific proposals with regard to the de-militarization of local law enforcement departments across the country, including requesting a comprehensive review by the Department of Justice into systematic abuses by police departments, and the repurposing of law enforcement funds to support community-based alternatives to incarceration. While not all demands are specific and policy oriented, BLM is working in conjunction with think tanks and non-profits such as the National Organization for Women and Race Forward: The Center for Racial Justice Innovation, to continue conceptualizing policy aims. 


Criticism of #BlackLivesMatter

Even though many Americans support #BlackLivesMatter, there are those who simply don’t believe that racism in the justice system exists. In this view, African Americans encounter law enforcement frequently because they commit more crimes, thus more of them end up in the prison system. Police officers are viewed as protectors of public order, while African Americans are seen as solely responsible for the current state of their community. Watch the video below to learn more about this point of view.

In addition, an #AllLivesMatter hashtag was created to counteract the #BlackLivesMatter movement. In this view, law enforcement should treat all people with respect and dignity. The rationale is as following: if #AllLivesMatter, then #BlackLivesMatter too. Essentially, #AllLivesMatter protesters are making a point of including all races in the conversation about police brutality; however, supporters of #BlackLivesMatter as well as its founders consider such phrasing an act of colorblindness that completely excludes race from the equation, devaluing the whole point of the movement.


Conclusion

#BlackLivesMatter has already established itself as a movement for social change, transforming isolated incidents of police brutality into a larger agenda of eliminating racial inequality in American society. It’s impossible to predict if the movement will be able to sustain itself until it reaches its goal and the government meets BLM’s demands; however one thing is sure, #BlackLivesMatter is already changing peoples’ perceptions of racial inequality in America, creating dialogue, and clearing out the path for future leaders who will take on the issue of anti-Black racism. 


Resources

Primary

#BlackLivesMatter: National Demands

#BlackLivesMatter: A Herstory of the #BlackLivesMatter Movement

Additional 

Elephrame: Track Black Lives Matter Demonstrations

Occupy: Black Lives Matter: The Evolution of a Movement

Political Research Associates: Five Right-Wing Media Narratives Attacking the ‘Black Lives Matter’ Movement

Front Page Mag: Which Black Lives Matter?

Huffington Post: Stop Slandering Black Lives Matter

National Review Online: Black Lives Matter

Huffington Post: Reactions on the Streets After the George Zimmerman Verdict

Gothamist: Black Lives Matter Protesters Stock Forever 21 With ‘Never 21’ T-Shirts

Thee New York Times: Baltimore Enlists National Guard and a Curfew to Fight Riots and Looting

KARE11: Black Lives Matter March in Support of Baltimore

Michigan Live: EMU Student Wears ‘Black Lives Matter’ T-Shirt Over Gown at Graduation

Huffington Post: What People Are Really Saying When They Complain About ‘Black Lives Matter’ Protests

King 5: Art Gallery Features ‘Black Lives Matter’ Exhibit

Star Tribune: Twin Cities Students Walk Out of Schools to Join Black Lives Matter Protest

The New York Times: Beyond ‘Black Lives Matter’ 

Alternet: Eight Developments of the Black Lives Matter Movement Most People Don’t Know About 

Dick Gregory: ‘Black Lives Matter’ Heard Around the World

NPR: ‘Black Lives Matter’ Slogan Becomes a Bigger Movement 

Cornell University: Scholar Leads Talk on ‘Black Lives Matter’ Movement 

Washington Post: From Trayvon Martin to ‘Black Lives Matter’

International Socialist Review: Black Lives Matter: A New Movement Takes Shape

The New York Times: Six Baltimore Police Officers Charged in Freddie Gray Death

California Sunday Magazine: How Three Friends Turned a Spontaneous Facebook Post Into a Global Phenomenon

Boston Globe: Protesters Snarl Morning Commute on I-93 Near Boston

Sfist: Protesters Chain Themselves to BART Trains at West Oakland, Temporarily Halt Transbay Train Service

Huffington Post: #BlackLivesMatter Protesters Shut Down Part of Mall of America

 

Valeriya Metla
Valeriya Metla is a young professional, passionate about international relations, immigration issues, and social and criminal justice. She holds two Bachelor Degrees in regional studies and international criminal justice. Contact Valeriya at staff@LawStreetMedia.com.

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Hey, Fellow White People: We Need to Shut Up About Baltimore https://legacy.lawstreetmedia.com/blogs/culture-blog/hey-fellow-white-people-need-shut-baltimore/ https://legacy.lawstreetmedia.com/blogs/culture-blog/hey-fellow-white-people-need-shut-baltimore/#comments Wed, 29 Apr 2015 16:20:25 +0000 http://lawstreetmedia.wpengine.com/?p=38849

Hey white people: you're angry about all the wrong things when it comes to the Baltimore protests.

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Image courtesy of [Vladimir Badikov via Flickr]

Hey, fellow white people. If you’re not going to be in support of people rising up against racism in Baltimore–and elsewhere–then shut up about it. And listen (or read, or watch. There are plenty of sources that aren’t from white people–like the ones cited throughout this piece–that we can tune into).

Now. People of color who are incensed by white supremacy and the murder of Freddie Gray (and so, so many others) have as many viewpoints about the efficacy and ethics of property damage as there are… well… people. There is no one way to understand or react to protests, anger, and anti-racist (and racist) rhetoric, so I’m not suggesting here that all or even most people of color are comfortable with or support the hashtag #BaltimoreRising as opposed to #BaltimoreRiots (for example). The reactions of people of color to racist violence are not, nor have they ever been, monolithic.

But.

But. As people with white privilege–the privilege (even when we are queer, poor, and/or dis/abled) of living in this world without our every action being viewed as suspicious; without our every action being interpreted as representative of all white people; without fear that ourselves, our students, our children, our friends, our family, or our colleagues will be murdered by cops because they were walking down the street while Black–we don’t get to watch the uprisings via Twitter, shake our heads, and produce tweets like this:  

Or this:

As people with white privilege (there is no such thing as Black privilege, as is made clear by the dehumanizing, racist animalization that accompanies “The Counselor’s” claim above), we don’t get to condemn Black people’s responses to systemic, pervasive, ever-present, white supremacist, violent oppression. This hypocrisy is especially clear when, as Derrick Clifton over at Mic highlights so well, we do not flinch when white people start fires in the streets.  

We do not flinch when white men–their privileged masculinity popping out of their face paint and sports jerseys–burn cars, set fires, vandalize businesses, cause millions of dollars in property damage, or injure over 100 peopledrum roll… because their favorite sports team either won or lost a game.

So… according to the white-mediated mass media, Black people pouring into the streets because yet another young Black person was murdered by police for making eye contact with a cop is apparently more disturbing than white men whose entitled rage is so close to the surface that they will set cars on fire over sports and military forces covered in armor and locked-and-loaded with various deadly weapons aimed at Black youths

 

We really need to re-evaluate what we’re afraid of, white folks. And we need to do it now.

Jennifer Polish
Jennifer Polish is an English PhD student at the CUNY Graduate Center in NYC, where she studies non/human animals and the racialization of dis/ability in young adult literature. When she’s not yelling at the computer because Netflix is loading too slowly, she is editing her novel, doing activist-y things, running, or giving the computer a break and yelling at books instead. Contact Jennifer at staff@LawStreetMedia.com.

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#Boycott Indiana, #Ferguson, and Romanticizing Coastal Cities https://legacy.lawstreetmedia.com/blogs/culture-blog/boycott-indiana-ferguson-romanticizing-coastal-cities/ https://legacy.lawstreetmedia.com/blogs/culture-blog/boycott-indiana-ferguson-romanticizing-coastal-cities/#comments Thu, 23 Apr 2015 20:19:46 +0000 http://lawstreetmedia.wpengine.com/?p=38498

Just a cursory glance at recent social movement-esque trends on Twitter reveals a disturbing tendency of national conversations. I am currently arching one eyebrow–judging hard–at the fondness we seem to have for localizing national problems in Midwestern states. Observe: homophobia, we locate in Indiana with #BoycottIndiana, almost as though it is the only place with queerphobic […]

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Image courtesy of [Keoki Seu via Flickr]

Just a cursory glance at recent social movement-esque trends on Twitter reveals a disturbing tendency of national conversations.

I am currently arching one eyebrow–judging hard–at the fondness we seem to have for localizing national problems in Midwestern states. Observe: homophobia, we locate in Indiana with #BoycottIndiana, almost as though it is the only place with queerphobic laws. Racism and police violence, we locate in Ferguson, as though this city in Missouri itself embodies racism across the country. Even Colorlines.com, an excellent source for intersectional news about structural racism in the U.S., has a separate tab for “Ferguson” on its site. Many tweets hashtag the names of several Black men who were brutalized by cops (or cop stand-ins, in the case of Trayvon Martin), but the only location identified is #Ferguson. No #StatenIsland or #NewYorkCity (where Eric Garner was strangled to death) or #LosAngeles (where Rodney King was savagely beaten by cops in 1991).

Focusing on individuals rather than identifying larger trends (like city-wide implementation of racist stop-and-frisk policies, or nationwide and international waging of a racist “war on drugs”), this place-based use of hashtags allows us to displace racist violence into conveniently “conservative,” Midwestern states like Missouri and Indiana.

This is similar to the trend in films such as “Boys Don’t Cryand “Brokeback Mountain,” which portray violent homophobia and transphobia as individual acts of hatred rather than structural realities. They also position these acts as being located primarily in rural locations like Falls City, Nebraska and the mountains of Wyoming.

While I was born and raised a city girl, I know (because I have friends, I’ve dated different folks, and I read things like this and this) that vibrant queer cultures exist in rural spaces, and, though I navigate the streets of New York City with the privileges of being white, I know that racist, queerphobic violence is inflicted vis a vis laws and police batons in city centers every day.

As writer Lauren Anderson notes,

[R]ural gay youth teach [urbanites]:
1. Identities are a process of collective action, not a condition waiting for discovery
2. Multiple visibility strategies in play
3. We need to stop moralizing about who does queerness right.

When we erase these kinds of perspectives by asserting that coastal urbanity is the only site of vibrant queer cultures, all it does is romanticize queerness in cities and propagates violence to fellow queers who are from rural areas and/or from Midwestern and southern cities.

And speaking of violence…

Using Ferguson to represent racism and Indiana to represent homophobia risk erasing the massive violences inflicted on queer people of color (as well as white queers and non-queer people of color) that occur in everyday life in cities. Frighteningly, it may well be precisely this erasure that makes #BoycottIndiana and #Ferguson so popular: if we blame individual conservatism and “backward” rural cultures, then we do not have to do the hard labor of dismantling the structural white supremacy and anti-queerness upon which this country–including its cities–operates.

(Looking for more than what I can explain with my limited perspective? Try renting Scott Herring’s Another Country: Queer’s Anti-Urbanism from the library, or read the introduction online here.)

Jennifer Polish
Jennifer Polish is an English PhD student at the CUNY Graduate Center in NYC, where she studies non/human animals and the racialization of dis/ability in young adult literature. When she’s not yelling at the computer because Netflix is loading too slowly, she is editing her novel, doing activist-y things, running, or giving the computer a break and yelling at books instead. Contact Jennifer at staff@LawStreetMedia.com.

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Community Justice: Can It Improve America’s Criminal System? https://legacy.lawstreetmedia.com/issues/law-and-politics/community-justice-can-it-improve-america-s-criminal-system/ https://legacy.lawstreetmedia.com/issues/law-and-politics/community-justice-can-it-improve-america-s-criminal-system/#comments Wed, 01 Apr 2015 13:00:16 +0000 http://lawstreetmedia.wpengine.com/?p=36593

Community justice may be an alternative to traditional policing and court systems.

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Image courtesy of [Beth Cortez-Neavel via Flickr]

As concerns grow over the ethics of our nation’s police forces, there’s been talk alternatives to the current approach. One of those alternatives is a concept called “community justice.” But can community justice actually bring change and provide alternative solutions to traditional policing methods? Read on to learn about community policing and the court, and what these practices can bring to the table.


What is community justice?

Community justice is a broad term that includes practices for combating crime that directly or indirectly involve the community. The main goal is to enhance community life through problem-solving strategies, restore victims’ quality of life, reintegrate offenders, and strengthen normative standards in the community.

Community justice can be seen as a non-traditional model to deal with crime and disorder, as it creates a dialogue between citizens, community organizations, and criminal justice agencies. The focus is on the outcome for the community as a whole, not on individual cases. According to this perspective, crime is a community issue, and therefore, residents’ engagement is paramount in addressing it. Community justice advocates argue that stability can be achieved through partnership between the citizenry and law enforcement, or even through autonomous efforts of community residents.

Community justice is more of a theoretical concept than a practical tool, which gives practitioners a broad range of options when developing and implementing community justice practices. Generally, there are five avenues to pursue community justice initiatives: crime prevention, policing, prosecution, adjudication, and corrections. Some practices can fall into several categories simultaneously. As of now, community policing and community courts are two of the most widespread practices.


What is community policing and how does it work? 

Community policing, sometimes called problem-oriented policing, emphasizes crime prevention through active engagement between communities and police officers. Community policing focuses on crime issues specific to a certain neighborhood. The issues can range from the presence of habitual offenders to violent youth gangs or open drug markets. Sometimes community policing focuses on tackling issues such as vandalism, loitering, drunk driving, unwanted noise, litter, or abandoned vehicles.

Community policing uses non-enforcement and trust-building tactics to engage residents, including youth, to partner with law enforcement in tackling local public safety issues. The practices can vary greatly, but the most common include:

  • Neighborhood meetings with police officers present and actively participating;
  • The development of collaborative action plans where police officers and citizens work together to resolve local safety issues;
  • Crime prevention through environmental design (CPTED). This means rebuilding neighborhoods by employing designs that fit the needs of a specific community and take into consideration its safety concerns;
  • Assignment of officers to fixed locations and shifts so they can establish more personal relationships with community residents; and,
  • Police engagement with public schools through direct instructions from an officer, or in the form of a school resource officer who is constantly present in the vicinity.

Watch the video below to learn about community policing in Long Beach, California.

Building trust, is perhaps the most important goal of community policing, as it creates a different dynamic in the neighborhood. Advocates believe that traditional policing often just creates fear. It’s believed that the active participation of community residents legitimizes police work and helps to maintain trust and reduce crime at the same time. In the long run, it can alter criminal justice policies and establish new professional norms in police departments across the country.

History of Community Policing

The inception of community policing can be traced to the 1800s when Sir Robert Peel pioneered the practice in one of London’s Police Departments. The United States took up the innovative approach and adhered to it until the beginning of the 20th century. However, with changes to technology like police cars and mobile phones, policies changed too. Slower paced and labor-intensive community policing was abandoned.

Its revival began in the 1970s, when several police departments employed more progressive practices, some of which contained elements of community policing, such as building public support and engaging citizenry. Since that time, community policing unequivocally has become a more common modus operandi in police departments across the country. Many state jurisdictions have either community policing units or employ community-oriented practices as strategies to maintain public safety and fight crime. Practices vary greatly, but all involve public outreach in one way or another. Since its inception, community policing in the United States has been supported by non-profit organizations, government agencies, and rendered various partnerships. Among the most important are the following.

  • The Community Policing Consortium (CPC) was an early initiative to establish community policing as a legitimate practice. The CPC was founded by the Bureau of Justice Assistance, and is essentially a five-way partnership between the leading police associations and forums in the country. Its focus is to provide technical assistance and training materials to police departments.
  • The Center for Problem Oriented Policing (POP) was established in 1999, and played a leading role in cultivating community policing practices in the United States. It is comprised of researchers, police practitioners, and academics.
  • Community Oriented Policing Services (COPS) is a federal agency that operates under the Department of Justice. COPS assists with grants and with practical implementation of community policing practices. COPS’ initiatives include Making Officer Deployment Effective; Distressed Neighborhoods; Problem Solving Partnerships; Tribal Government Resource Grants; Domestic Violence Grants; Meth-amphetamine Initiatives; Technology Adoption; Justice-Based After School Activities; and Anti-Gang Initiatives.

In March 2015, Attorney General Eric Holder announced  a $4.75 million pilot community policing initiative. The project will be called the National Initiative for Building Community Trust and Justice, and will run in Birmingham, Alabama; Fort Worth, Texas; Gary, Indiana; Minneapolis; Pittsburgh; and Stockton, California.

What are the benefits of community policing?

Community policing is a completely different approach to criminal decisions and the actors involved. It rethinks the role of law enforcement, fundamentally changing the outcome of an everyday police encounter by building trust and respect between police officers and citizens. Community policing in a way is a crime prevention tool as it targets the root of the problem and heals the wounds of the community by creating an atmosphere of trust and support, not fear and retribution.


What are community courts and how do they work?

Community courts are neighborhood-centered courts that address problems of a specific community. All community courts are official arms of the justice system, with the appropriate jurisdiction to handle certain types of crime. Community courts can be multi-jurisdictional, have just one jurisdiction, or  act as specialized courts that focus on issues such as drugs, domestic violence, and mental health. Community courts often involve local organizations, churches, businesses, social service providers, criminal justice agencies, and community members to create new and innovative approaches to deal with local crime issues.

Community courts mostly deal with low-level habitual offenders, the so-called frequent flyers, who are responsible for quality-of-life crimes that are non-violent and low-level offenses. These can include loitering, panhandling, shoplifting, and trespassing. Frequent flyers usually reoffend because there are no mechanisms in place to help solve their problems. They cycle in and out of the system, breeding poverty and more crime.

The purpose of community courts is to break this cycle of crime in the community, aid victims, and rehabilitate offenders. To reach these goals, community courts use a mixture of traditional and non-traditional practices. Instead of putting offenders back into the prison system without offering aid, community courts provide a helpful alternative, often through drug treatment or job-readiness programs. Some community courts use mediation, job training and placement, drug treatment, homeless outreach, substance abuse, HIV prevention, and tutoring programs for youth. As a result, offenders pay back the community by working in the neighborhood in partnership with local organizations. This allows for better integration of offenders into the community. If an offender complies, he receives the benefit of social services, while if he fails, he will be brought back to the traditional court system for adjudication. By sentencing fewer people to incarceration and increasing the numbers of those who can remain within communities, community courts are building up mutual trust, which in turn can result in solving crime problems in that specific neighborhood.

History of Community Courts

Community courts are a later phenomenon than community policing. The first community courts in the country can be traced  to the early-to-mid 1990s, but they stalled due to the nation’s “tough on crime” policies. Recently, community courts were revived as an alternative to traditional adjudication practices, mostly due to the negative effects of the “tough on crime” era, and the overcrowding of American prisons.  As of 2014, there were 40 community courts in 14 states, including Minnesota, New Jersey, Connecticut, and Washington, D.C. New York City is the leader in the number of community courts, hosting six within its borders.

No two community courts are alike as each is unique in its structure and the programs it provides. Among the most prominent and effective are the following.

  • The Midtown Community Court was established in 1993, and was the first court of its kind. It played a pivotal pole in cleaning up Times Square, which was at the time a frequent meeting place for prostitutes and drug dealers. Midtown Community Court heard more than 21,000 cases in 2013 alone, and yearly saves New York City $1.2 million by handling low-level offenders.
  • The Hartford Community Court was created in 1998, and was the first program designed to apply to the entire city, including urban and suburban communities. It has a community service hot line, and even offers a quarterly newsletter through which offenders report back to the community about their successes.
  • Launched in 2000, the Red Hook Community Justice Center was the first multi-jurisdictional community court in the United States. It also has a youth court, where teenagers resolve cases pertaining to their peers. Watch the video below to learn more about the community court in Red Hook, Brooklyn.

  • Started in 2008, the Orange County Community Court is comprised of a veterans court, drug court, mental health court, DUI court, and homeless outreach court. All these specialized courts are housed in the same facility, making it convenient to screen and refer offenders to appropriate social services and treatment programs.
  • The San Francisco Community Justice Center, launched in 2009, adjudicates misdemeanor and non-violent felony cases in four neighborhoods: Tenderloin, South of Market, Union Square, and Civic Center. It provides drug and mental health treatment, support groups, counseling, career development, and job training. .

Watch the video below to learn more about other community courts and their innovative approaches.

What are the benefits of community courts?

Community courts improve the quality of life in a neighborhood and reshape social norms of those community members who have committed crimes. They build up trust between community members and the justice system, reduce fear, and contribute toward more fair and accountable adjudication practices.

Community courts also provide quicker and cheaper alternatives to the traditional court system as they uses judges, not juries. At a community court, a defendant can see a judge, receive punishment, and connect with a social worker all in one day.

These programs can free traditional courts from dealing with petty crimes, allowing them to focus on serious offenders instead. As a result, the prison population and costs associated with incarceration and the adjudication process decrease. It’s hard to assess if community courts are the cause of reductions to recidivism and crime rates, but the overall compliance with court practices is high, and the public tends to support community courts even if it means higher taxes. As an example, while Red Hook Community Court sent only one percent of all defendants to jail, its traditional counterpart, Brooklyn Criminal Court, incarcerated 15 percent of its defendants. Even if 78 percent of guilty defendants in the Red Hook Community Court receive ongoing supervision through mental health and drug treatment, it’s still a cheaper option than sending them to correction facilities.


Conclusion

Community justice is already fostering positive changes. Can it be a solution to the growing incarceration rates and police discontent? It certainly seems possible, as community justice successes continue to spring up. Each community has its unique concerns and crime problems, thus, a community justice approach can be a good fit to serve the needs of individual neighborhoods better than any sort of one-size-fits-all approach. By imposing meaningful sanctions on offenders, building trust between police and residents, and forming genuine problem-solving alliances, our criminal justice system may have the opportunity to change for the better.


Resources

Primary

National Criminal Justice Reference Service: Community Justice: A Conceptual Framework

New York Courts: Problem-Solving Courts

Additional

Central Valley Business Times: Stockton Picked For Unique Community Justice Program

Center for Court Innovations: Community Courts

Center For Court Innovations: Midtown Community Court

Center For Court Innovations: Red Hook Community Justice Center

Center for Court Innovations: Mentor Courts

Center for Court Innovations: Hartford Community Court: Origins, Expectations and Implementation

Daily News: Red Hook Community Court is a Success for Defendants and Taxpayers

Pacific Standard: Community Courts Across the Country are Fighting Judicial Backlog and Lowering Re-arrest Rates

Big Story: Novel Courts Handle Low-Level Crimes Across U.S

Christian Science Monitor: Community Courts Let the Punishment Fit the Crime, Compassionately

Wall Street Journal: What to Know About Community Policing

What-When-How: Community-Oriented Policing

USA Today: Alternative Courts Gain Ground For Petty Criminals

Valeriya Metla
Valeriya Metla is a young professional, passionate about international relations, immigration issues, and social and criminal justice. She holds two Bachelor Degrees in regional studies and international criminal justice. Contact Valeriya at staff@LawStreetMedia.com.

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Cultural Appropriation: What’s Appropriate? https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/cultural-appropriation-whats-appropriate/ https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/cultural-appropriation-whats-appropriate/#comments Thu, 26 Mar 2015 13:00:14 +0000 http://lawstreetmedia.wpengine.com/?p=36488

What is cultural appropriation, and where do we draw the line between it and appreciation?

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From the time we are in elementary school, we are told that copying from someone else’s paper is wrong. As we get a little older, we are given other names for this copying: plagiarism and intellectual property theft. Often, even those who believe that intellectual property laws are a threat to creativity and equitable access to knowledge recognize that even if something is not illegal, it is better form to give credit where credit is due. But a new question has popped up recently: does this logic apply to culture, as well? Some say yes and call it cultural appropriation. But what exactly is cultural appropriation, and when do we cross the line between appropriation and appreciation?


 What is cultural appropriation?

Cultural appropriation is often defined as being similar to intellectual property theft, but with more overt and culturally offensive aspects.

Cultural appropriation is the adoption or theft of icons, rituals, aesthetic standards, and behavior from one culture or subculture by another. It generally is applied when the subject culture is a minority culture or some how subordinate in social, political, economic, or military status to the appropriating culture. This ‘appropriation’ often occurs without any real understanding of why the original culture took part in these activities or the meanings behind these activities, often converting culturally significant artifacts,practices, and beliefs into ‘meaningless’ pop-culture or giving them a significance that is completely different/less nuanced than they would originally have had.

Conversations about cultural appropriation often spring up around Halloween, when young white children dress up as Native Americans, “rappers,” and “gangsters.” These Halloween costumes are widely condemned as racist; reminding white people that “race is not a costume” has become a year-round burden for some. Mohammed “Mo Juicy” Fayaz of the online magazine Browntourage reminds readers that, “The dangers of cultural appropriation go beyond offending people, appropriation continues patterns of disempowering groups that are already marginalized.”

Viewed as a direct continuation of imperialist violence–which assumes that the land, labor, and bodies of people of color are available for white consumption–cultural appropriation “treats all aspects of marginalized cultures… as free for the taking.”

Conversations about the controversy also often come up when discussing music, such as this interview with Azealia Banks over white artists’ cultural appropriation.


But can you really steal a culture?

On the flip side of things, some people believe that accusations of cultural appropriation need to be wielded much more carefully. Arguing that “you can’t ‘steal’ a culture,” American political commentator and linguist John McWhorter asserts that, “with gay white men and black women, for example, it’s not as if the black women are being left without their culture after the ‘theft’ or as if gay white men are somehow out there ‘out-blacking’ the women they ‘stole’ from.” (This refers to white gay men who affect speaking patterns and mannerisms that are often more readily culturally associated with black women.) McWhorter warns that people accusing others of “stealing” culture through appropriation are using the very specific term too loosely. He argues that the loosening of our language allows flippant accusations to be made when more serious issues can be dealt with.

Additionally, accusations of cultural appropriation often generate assumptions about the race, ethnicity, religion, or sexuality of the people involved. This is alluded to by Howell in the video above, which he starts by cautioning viewers not to pre-judge what he says by the color of his skin. He goes on to argue that it is a compliment to people of color (specifically, he is talking about black people) when white people want to engage in aspects of black culture that they find attractive and fun. Reminding his viewers that it is not “wrong” or “low-class” to be black or to perform blackness through dress or actions, Howell argues that cultural appropriation is not actually appropriation at all, but rather a form of a compliment that has the potential to dismantle racist and/or classist assumptions about black people.

In a similar vein, it is often argued that accusing someone of appropriating another culture can force unwanted assumptions onto people. These incorrect assumptions happened to a bride named Krista, who was accused online of cultural appropriation for pictures of her wedding that were posted online. The wedding integrated aspects of Lenape culture, a Mid-Atlantic Native American tribe. Krista, however, reminded online discussants that she has a Lenape background, even though people assumed she was white based on her features and the color of her skin.


Appreciation or Appropriation?

Here are some examples of widely-talked about accusations of cultural appropriation in recent pop culture.

Case Study: Miley Cyrus

Accused by many as putting on a tremendously racist “minstrel show” in her “We Can’t Stop” video and its performance at the 2013 VMAs, Miley Cyrus has been resoundingly condemned by Anne Theriault for having “used black women as props — like, literal props... Miley was, at one point, slapping a faceless black woman on the ass as if she was nothing more than a thing for Miley to dominate and humiliate.” Critics also noted the historical significance of Cyrus’ performance; like so many other white performers before her, Cyrus used black culture and black bodies to re-brand her own image. Her unapologetic use of black women’s bodies to make herself look “cooler” was described by Jody Rosen of Vulture: “Cyrus is annexing working-class black “ratchet” culture, the potent sexual symbolism of black female bodies, to the cause of her reinvention: her transformation from squeaky-clean Disney-pop poster girl to grown-up hipster-provocateur.”

Following Cyrus’ performance there were powerful calls for black female performers to “just say no” to requests to be in her videos or shows in the future. Musician Big Freedia made sure Cyrus knew she wasn’t even succeeding at her attempts to twerk, sardonically offering, “just get me and Miley together so I could give her ass some lessons.”

In the midst of these accusations of Cyrus’ cultural appropriation, however, there were calls to “go easy” on the performer. In the rush to defend Cyrus, Washington Post columnist Clinton Yates asserted that, “it is inherently racist to imply that there is anything wrong with anyone other than black women twerking.” Arguing that the term “hood” connotes affection when said by white people today, McWhorter had a series of questions for those calling Cyrus out on racism. He wanted to know, “How do we know Cyrus isn’t sincere when she says she loves “hood” culture? Because she’s white? I’m afraid that’s a little 1955.”

Entering the realm of accusations of “reverse racism,” these writers argued that cultures are inherently going to borrow from each other whenever they coexist in society. Restraining white people from borrowing from people of color is unfair if the expectation is that it is not culturally appropriate for people of color to adapt aspects of white culture.

Case Study: #BlackLivesMatter

In the wake of the highly publicized and protested murders of Trayvon Martin and Eric Garner, the slogans “I am Trayvon Martin” and “I Can’t Breathe” rose to the fore of social justice forums. White people were frequently seen in hoodies claiming to “be” Trayvon Martin, and–as seen above–white people were frequently seen claiming to not be able to breathe. Here, the violent potential of cultural appropriation became explicitly clear to some. White users of the hashtag #AllLivesMatter, or asserting that “I am Trayvon Martin” or “We Can’t Breathe” were accused of cultural appropriation because they were attempting to take the experiences of black people as their own. In doing so, they erased the racist dimensions of police violence by “deracializing” the issue, making it about “All Lives” instead of “Black [and Brown] Lives.”

According to critics, by claiming false solidarity–and thus appropriating the cultural experiences of black people–with the deaths of these and other black people at the hands of police, white people were shifting the focus from #BlackLivesMatter to #AllLivesMatter. These hashtags have been used to refer to two related social movements. #BlackLivesMatter refers to activism attempting to call attention to police violence against black people. #AllLivesMatter refers to activism that states that while police violence against people of color is a problem, it is damaging to focus on race in discussions of police violence. In doing so, people using the hashtag #AllLivesMatter claimed that we live in a colorblind society, which threatens to erase the fundamental violence of racism.

However, the #AllLivesMatter hashtag and protests were largely framed as a response to the shooting of two police officers in New York City. These activists pointed out that in addition to black lives mattering, as Raleigh Police Chief Cassandra Deck-Brown stated, “I must say that blue lives do matter. But as I close, I must say that we as a community must begin to recognize that all lives matter.” Basing their rhetoric off of an impulse to ensure that people didn’t feel threatened by, but rather welcomed to join in solidarity with protests surrounding the violent deaths of young people, #AllLivesMatter advocates have decided that it is more important to embrace a less specifically racial call in favor of avoiding any accusations of divisiveness.


 

So, is cultural appropriation ever appropriate?

In a scathing critique of Cyrus’ performances as cultural appropriation, Dodai Stewart cautioned readers, “Let’s not get it twisted: The exchange and flow of ideas between cultures can be a beautiful thing. I believe in cross-pollination and being inspired by those whose experience is not like your own.” There’s obviously no clear line here. Perhaps the key is constantly checking in on the impacts of actions, all the while drawing and abiding by distinctions between admiration and exotification, inspiration, and appropriation.


Resources

Zine Library: Cultural Appropriation or Cultural Appreciation?

Hot97: Azaelia Banks on Iggy Azalea

Daily Beast: You Can’t ‘Steal’ a Culture: In Defense of Cultural Appropriation

OffBeatEmpire: Think Twice Before Appointing Yourself Cultural Appropriation Police

Colorlines: On Saying No to Miley Cyrus, the Habitual Cross-Twerker

Huffington Post: What Miley Cyrus did was Disgusting — But Not for the Reasons You Think

Washington Post: Miley Cyrus and the Issues of Slut-Shaming and Racial Condescension

New Republic: Miley’s Twerking wasn’t Racist

Jezebel: Yes, All Lives Matter. Now Shut Up About It

Georgia Political Review: ‘I Am Not Trayvon Martin’: Dismantling White Privilege in Activism

CBS Los Angeles: Things Heat Up as Pro-Police Demonstrators Hold ‘All Lives Matter’ Rally

WRAL: Raleigh Police Chief: Black, Blue, All Lives Matter

Jennifer Polish
Jennifer Polish is an English PhD student at the CUNY Graduate Center in NYC, where she studies non/human animals and the racialization of dis/ability in young adult literature. When she’s not yelling at the computer because Netflix is loading too slowly, she is editing her novel, doing activist-y things, running, or giving the computer a break and yelling at books instead. Contact Jennifer at staff@LawStreetMedia.com.

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Police Officers Shot in Ferguson Show Tensions Haven’t Abated https://legacy.lawstreetmedia.com/news/police-officers-shot-ferguson-show-tensions-havent-abated/ https://legacy.lawstreetmedia.com/news/police-officers-shot-ferguson-show-tensions-havent-abated/#respond Fri, 13 Mar 2015 13:30:25 +0000 http://lawstreetmedia.wpengine.com/?p=35965

The situation in Ferguson, Missouri turned violent again when two police officers were shot Wednesday night.

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Logic tells us that if two wrongs don’t make a right, then many, many wrongs can’t possibly make any sort of right either. That’s all I could think about when I saw the coverage of the shooting of two police officers in Ferguson, Missouri Wednesday night.

It’s the latest event in a saga that in some ways began this August with the police shooting of 18-year-old Michael Brown, and in some ways has been happening for years. It’s sparked conversations on police brutality and militarization, racism, systemic biases against young black men in our society, the justice system, and so much more. But even though those conversations are happening on a national level, what’s happening on the ground isn’t quite as academic or theoretical. It’s real, it’s scary, and honestly, last night’s events show that it probably isn’t going to get better anytime soon.

Ferguson’s police chief Tom Jackson resigned. That was probably inevitable after the release of a pretty damning Department of Justice report that highlighted serious racial biases and constitutional breaks in Ferguson. For a more extensive look at the main takeaways of that report, check out fellow Law Streeter Alexis Evans’ article here.

After Jackson resigned, a rally started at the Ferguson police department. While the protesters were obviously pleased that the head of the Ferguson police department had resigned, they didn’t think it was enough to stem clear instances of racial profiling, bias, and intimidation within the force. Protesters actually advocated for the mayor of Ferguson, James Knowles III, to step down as well. Around midnight, those protests took a turn when gunshots rang out. Witnesses say there were four in all. Two found targets–one in the shoulder of a 41-year-old St. Louis County officer, and another in the face of a 32-year-old officer from the nearby town of Webster Groves. Both were in serious condition, but were recently released from the hospital.

Details of who exactly fired those shots remain a little fuzzy. Police have stated that they came from the cluster of protesters, but the protesters themselves are saying that they came from further away on a nearby hill. Police are saying that they have leads, but other than that, what will happen seems up in the air.

In light of the incident, St. Louis County Police and the Mississippi Highway Patrol are going to be taking over controlling the protests in the hopes that things don’t become more violent.

Many around the country have condemned the actions of the shooter. Attorney General Eric Holder, for example, stated:

This heinous assault on two brave law enforcement officers was inexcusable and repugnant. I condemn violence against any public safety officials in the strongest terms, and the Department of Justice will never accept any threats or violence directed at those who serve and protect our communities. … Such senseless acts of violence threaten the very reforms that nonviolent protesters in Ferguson and around the country have been working towards for the past several months.

Despite the fact that new forces are being brought in, I’m not sure it’s safe to say that issues in Ferguson are going to get any better. This is turmoil that has been stewing for years, and Michael Brown’s death just set it boiling. While the protesters have been mostly peaceful, there are always people who do bad things–people who commit those wrongs that can never add up to a right. Hopefully, real dialogue and reform will start happening soon.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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DOJ Finds Racial Bias in the Ferguson Police Department https://legacy.lawstreetmedia.com/news/doj-finds-racial-bias-ferguson-police-department/ https://legacy.lawstreetmedia.com/news/doj-finds-racial-bias-ferguson-police-department/#comments Wed, 04 Mar 2015 21:40:09 +0000 http://lawstreetmedia.wpengine.com/?p=35503

A DOJ report on Ferguson's police force raises concerns about racial profiling and discrimination.

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After spending the last three months reviewing 35,000 pages of Ferguson police records and other documents, Department of Justice investigators have found that despite the fact that African Americans make up just over 65 percent of the population in Ferguson, they accounted for 93 percent of all arrests between 2012 and 2014. Their findings confirm the public opinion theory that the department responsible for the death of unarmed black teenager Michael Brown is plagued with racial bias. The DOJ found that the Ferguson Police Department routinely violated the constitutional rights of black people in the form of racial profiling, excessive force, and unsubstantiated arrests.

I invite you to read the full 102 page report courtesy of Vox here, but for the sake of time here are the more shocking stats regarding Ferguson police practices found in the report:

  • 93 percent of the people arrested were black
  • 90 percent of citations were given to black people
  • 88 percent of cases where police reported using force were against black people
  • 85 percent of vehicle stops involved black people
  • 94 percent of Failure to Comply charges were given to black people
  • 100 percent of police canine biting incidents for which racial information is available, the person bitten was black.

It gets worse. The report also included references to several racist emails by Ferguson officials, all of whom are current employees, sent through their official City of Ferguson email accounts during work hours on the taxpayers’ dime. Here are a few of DOJ officials’ descriptions of the outrageously offensive emails in the report:

A November 2008 email stated that President Barack Obama would not be President for very long because ‘what black man holds a steady job for four years.’

A May 2011 email stated: ‘An African-American woman in New Orleans was admitted into the hospital for a pregnancy termination. Two weeks later she received a check for $5,000. She phoned the hospital to ask who it was from. The hospital said, ‘Crimestoppers.’’

A June 2011 email described a man seeking to obtain ‘welfare’ for his dogs because they are ‘mixed in color, unemployed, lazy, can’t speak English and have no frigging clue who their Daddies are.’

An October 2011 email included a photo of a bare-chested group of dancing women, apparently in Africa, with the caption, ‘Michelle Obama’s High School Reunion.’

According to CNN, the DOJ formally ended its investigation into Officer Darren Wilson in the fatal shooting of Brown by choosing not to bring forth criminal charges, determining in another report that:

There is no evidence upon which prosecutors can rely to disprove Wilson’s stated subjective belief that he feared for his safety.

However, the investigative findings may provide little closure for a city still full of civil unrest, but very much in need of healing. Protest leaders are calling for the resignation of Ferguson Police Chief Tom Jackson and the disbandment of the entire department. Jackson’s resignation may in fact be inevitable, this report serving as a proverbial final nail in the coffin for him and his entire police force.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Task Force Calls for Police Shootings to be Reported to Federal Government https://legacy.lawstreetmedia.com/news/task-force-calls-police-shootings-reported-federal-government/ https://legacy.lawstreetmedia.com/news/task-force-calls-police-shootings-reported-federal-government/#comments Tue, 03 Mar 2015 14:00:21 +0000 http://lawstreetmedia.wpengine.com/?p=35351

A federal task force is calling for all police shootings to be reported to a federal database.

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In light of recent high profile police killings such as those of 18-year-old Michael Brown in Ferguson, Missouri last August, Eric Garner in Staten Island, and 12-year-old Tamir Rice in Cleveland, Ohio, a national discussion has developed about the force used by police officers against American citizens. In the most recent development in that discussion, President Obama called for all police shootings to be reported to the federal government so that kind of information is readily available and transparent.

This call comes after Obama’s December 2014 recommendation to establish the “Task Force on 21st Century Policing.” According to the White House,

The task force will examine how to strengthen public trust and foster strong relationships between local law enforcement and the communities that they protect, while also promoting effective crime reduction.

The task force will engage with federal, state, tribal, and local officials; technical advisors; young leaders; and nongovernmental organizations to provide a transparent process to engage with the public.

The task force is chaired by Philadelphia Police Commissioner Charles H. Ramsey and Laurie Robinson, a criminology professor at George Mason University who was formerly an Assistant Attorney General for the DOJ office of Justice Programs.

That task force has now come back to the President with its recommendations–the suggestion that police forces be required to report their shootings is just one of them. This comes after multiple high profile officials had made similar statements about the necessity of recording the incidences of police shootings. Attorney General Eric Holder expressed a similar sentiment in mid January when he stated in a speech,

I’ve heard from a number of people who have called on policymakers to ensure better record-keeping on injuries and deaths that occur at the hands of police. I’ve also spoken with law enforcement leaders — including the leadership of the Fraternal Order of Police — who have urged elected officials to consider strategies for collecting better data on officer fatalities. Today, my response to these legitimate concerns is simple: We need to do both.

FBI head James Comey made similar statements in a speech at Georgetown University a few weeks ago when he stated, “It’s ridiculous that I can’t tell you how many people were shot by the police in this country last week, last year, the last decade – it’s ridiculous.”

There isn’t any information yet about how the reporting of police shootings and force will be handled–whether it will go through the FBI or some other agency is yet to be seen.

This recommendation from the task force comes as that conversation about police shootings continues in the U.S. Last night, a video of a Los Angeles Police Department officer fatally shooting a homeless man went viral.

Here’s the video, although fair warning–it’s pretty brutal and graphic:

Officers claim that it was a struggle over one of the cop’s guns, and it very well may have been, but either way it’s a disturbing video in which deadly force is used very quickly. The conversation about police shootings in the United States is very far from over–a database may be able to be used to help make that conversation even more productive.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Chicago “Black Site” Allegations Yet Another Example of Police Brutality https://legacy.lawstreetmedia.com/news/chicago-black-site-allegations-yet-another-instance-police-brutality/ https://legacy.lawstreetmedia.com/news/chicago-black-site-allegations-yet-another-instance-police-brutality/#comments Wed, 25 Feb 2015 21:02:35 +0000 http://lawstreetmedia.wpengine.com/?p=35083

The discovery of Chicago police black site used to secretly detain and abuse Americans is sparking outrage.

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Image courtesy of [DIBP Images via Flickr]

News of a secret detention facility in Chicago broke this week and it’s sparking horror and outrage across the country.

This “black site,” revealed by the Guardian, is a nightmare image straight out of a post-apocalyptic movie. People are “arrested” and taken to this site, which is inside a warehouse in Chicago’s Homan Square. Then they are subjected to inhumane treatment. They aren’t afforded the rights that the U.S. Constitution promises all of us. For example, lawyers claim they aren’t able to visit their clients at the site, and beatings and other forms of violence occur. In some ways most disturbingly, it’s all off the books. People who are taken to the Homan Square site aren’t entered into the Chicago PD system, or have any records of their detainment. As Anthony Hill, a criminal defense lawyer put it, “They just disappear, until they show up at a district for charging or are just released back out on the street.”

Read more: Chicago Still Dangerous Despite Absence From Crime Rankings

The facility at Homan Square is being dubbed a “black site” as a nod to the CIA detention facilities in the Middle East, although others have called them “shadow sites.”

The Chicago Police Department is, of course, trying to play Public Relations catch up. It’s claiming that nothing untoward has happened at Homan square, providing a statement that included:

CPD [Chicago police department] abides by all laws, rules and guidelines pertaining to any interviews of suspects or witnesses, at Homan Square or any other CPD facility. If lawyers have a client detained at Homan Square, just like any other facility, they are allowed to speak to and visit them. It also houses CPD’s Evidence Recovered Property Section, where the public is able to claim inventoried property…There are always records of anyone who is arrested by CPD, and this is not any different at Homan Square.

These revelations come at an interesting time–the United States has been engaged in a discussion over the power of our police forces for a while now. Reports of increased militarization, racial profiling, and human rights abuses are finally seeing the light of day and mainstream news coverage. From Ferguson, Missouri, to New York, New York, people this Fall stood up in protest against police treatment of Michael Brown, Eric Garner, Tamir Rice, and others. This information out of Chicago seems to be just the latest in a long, terrifying list. It’s horrible, reprehensible, and heartbreaking, but it’s by no means unsurprising.

Reading the Guardian piece, complete with the many, many horrifying examples of what purportedly happens at this detention center, reminded me of a powerful speech by FBI Director James Comey just a few weeks ago. He talked a lot about innate racial biases in law enforcement, particularly in light of those events I mentioned above. Although his speech was by no means faultless, there were many honest truths to which Comey seemingly spoke. At one point, he said:

A mental shortcut becomes almost irresistible and maybe even rational by some lights. The two young black men on one side of the street look like so many others the officer has locked up. Two young white men on the other side of the street — even in the same clothes — do not. The officer does not make the same association about the two white guys, whether that officer is white or black. And that drives different behavior. The officer turns toward one side of the street and not the other. We need to come to grips with the fact that this behavior complicates the relationship between police and the communities they serve.

While there’s no indication exactly what race those interred at Homan Square are–there are certainly claims that many of the people brought there are low-income, and black, Hispanic, or members of other minority populations. It’s sad, in light of Comey’s speech and the events of this summer, how easy this becomes to imagine. Chicago’s police force taking those who lack resources, subjecting them to inhumane treatment, and not worrying about the consequences. It’s easy to silence a voice when that voice is nowhere near a microphone. While it’s yet to be seen what will be borne out of these revelations, I wouldn’t be surprised if more “black sites” exist in other cities. There’s a big problem here–and this is just one more piece of the puzzle.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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U.S. Drops to 49th Place For Global Freedom of the Press https://legacy.lawstreetmedia.com/news/u-s-drops-to-49th-place-for-global-freedom-of-the-press/ https://legacy.lawstreetmedia.com/news/u-s-drops-to-49th-place-for-global-freedom-of-the-press/#respond Fri, 13 Feb 2015 15:52:07 +0000 http://lawstreetmedia.wpengine.com/?p=34364

The annual [press freedom ranking shows America dropping to 49th place, behind Niger and El Salvador.

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The American Bill of Rights includes some fundamental freedoms to which we all, as American citizens, are entitled. One of them is called “Freedom of the Press.” It’s a freedom we may take for granted; it’s easy to assume that a nation whose President is often dubbed “the leader of the free world” also has the freest press; however, this year the United States ranked #49 out of 180 nations on Reporters Without Borders’ World Press Freedom Index 2015.

Reporters Without Borders explains its goal as follows:

The aim of the index is to measure freedom of information in 180 countries. It reflects the degree of freedom that journalists, news media and netizens (Internet citizens) enjoy in each country, and the efforts made by the authorities to respect and ensure respect for this freedom. It should not be seen as an indication of the quality of the media in the countries concerned.

The top ten on the list were Finland, Norway, Denmark, the Netherlands, Sweden, New Zealand, Austria, Canada, Jamaica, and Estonia. The lowest ten were Eritrea, North Korea, Turkemenistan, Syria, China, Vietnam, Sudan, Iran, Somalia, and Laos.

The rankings include both quantitative and qualitative data. In order to compile the list, Reporters Without Borders “scores” nations based on seven criteria categories:

  • Pluralism: Are different opinions present in the media?
  • Media Independence: Does the media function independently of other spheres of influence?
  • Environment and Self-Censorship: What sort of journalistic environment is there in the nation?
  • Legislative Framework: What sorts of laws govern the news?
  • Transparency: How transparent are the institutions that produce the news?
  • Infrastructure: How strong are the institutions that produce the news and what support do they have?
  • Abuse: What is the violence and harassment toward those in the media like?

This format allows Reporters Without Borders to create a “score” for each nation; the lower the better. A score of 0-15 points shows a “Good Situation;” 15.01-25 points is a “Satisfactory Situation;” 25.01-35 points indicates “Noticeable Problems;” 35.01-55 points is a “Difficult Situation;” and 55.01-100 points is a “Very Serious Situation.” The United States scored a 24.41, so barely in the “Satisfactory Situation” category.

The United States’ place on the list at 49 is tied for the lowest its ever been–it was also 49 in 2007. Last year, the U.S. was three places higher. Reporters Without Borders explained the drop, stating:

In the Americas, the United States (49th, down three places) continues its decline. In 2014, the New York Times journalist James Risen came under government pressure to reveal his sources. Although the Obama administration backed away in that case, it continues its war on information in others, such as WikiLeaks.

Reporters Without Borders also cited the American treatment of Edward Snowden as another reason for the U.S.’s slip down the list. In addition, the treatment of the press in hostile situations, such as the environment in Ferguson, Missouri after the shooting of Michael Brown, was a reason for concern.

The United States’ commitment to Freedom of the Press doesn’t appear to go as far as it could. It’s concerning–hopefully some positive changes will be made in the New Year and we’ll move further up the list when the next rankings are released.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Alibi: New App Aims to Record Everything, Including the Police https://legacy.lawstreetmedia.com/news/alibi-new-app-aims-record-everything/ https://legacy.lawstreetmedia.com/news/alibi-new-app-aims-record-everything/#respond Mon, 09 Feb 2015 20:34:11 +0000 http://lawstreetmedia.wpengine.com/?p=33951

A new app called Alibi hopes to record everything to prevent police brutality.

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Image courtesy of [Alan Wolf via Flickr]

Almost six months after Michael Brown was killed in Ferguson, Missouri, we’re still having a conversation about the potential of police officers wearing body cameras to ensure accountability and answer the questions that naturally spring up after a police shooting. But will body cameras be enough? A new app called “Alibi” doesn’t think so–and it wants to be the “body camera” of the private citizen, as well as so much more.

Right now, Alibi is only available on Android devices; it’s a $0.99 download. Alibi essentially serves as a mobile witness–depending on how you set it, it can record video, audio, still images, and GPS locations. It doesn’t store this data forever; unless you tell it otherwise, it dumps everything after an hour, or else the storage on a phone would be filled up way too quickly. One of the biggest challenges in developing the app came from making sure that it wouldn’t immediately drain a phone battery. But because the video being recorded is so low-caliber, they’ve managed to make it so even running video all day, it only takes up 1.2 times the battery consumed during normal usage.

So why would a normal person want a device that, to be completely honest, seems a bit paranoid? There are plenty of reasons. The reasoning that inspired the app itself is pretty simple–many people in the U.S. are worried about the increase in police brutality and profiling. Alibi founder Ryan Saleh explained his inspiration for the app in an interview, saying:

The way that Alibi came to be was that I was pulled over for a traffic ticket in New York City. Two cops came up to my windshield and knocked on the windshield, and one of them’s just talking, totally normal, and the other one takes the liberty of asking me to roll down the window and sticks his head in the car and pokes a flashlight around. I’m a straight-laced person, I have nothing to hide, and it didn’t bother me that much at the time, but I was thinking about it, and was like, ‘You know, that probably wasn’t legal.’

I never would have thought to pull out a camera and record the guy, and that probably would have caused more pain than it was worth in the situation, but the number of times in my life that I wish I was recording something — you don’t think to do it at the time, but you go back and you wish you were recording something — is outrageous. I said to myself, ‘You know, we all walk around with a device in our pocket that has a GPS in it, a microphone and a camera.’

Obviously, interactions with police aren’t the only thing that Alibi would be used to record. It could actually be used in reverse–as a tool for the police. Obviously, a 99-cent app is cheaper than a body camera; Alibi could be required by police departments in lieu of body cameras.

Other things that Alibi could be used for are plentiful. It could be used to prove a literal alibi with the GPS and pictures function. It could be used to record something you saw as a passerby. But it could also be used in really creepy, negative ways as well. Imagine if everything you did or said could be recorded by someone who had a smartphone. It could easily be used for nefarious purposes. There are also legal issues here–there are certain laws that restrict photographing people in private places, or places where they have a reasonable expectation of privacy. Having a constantly recording device could break those laws.

Alibi definitely has its practical uses, and it’s an intriguing solution to the issue of American concerns about our police force. That being said, it’s also a little creepy, and may not be something that will worm its way into daily life too quickly. Privacy is still an important right, and while Alibi may protect other rights, privacy can’t be forgotten.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Ferguson Police Testing “Less Lethal” Bullet Alternative https://legacy.lawstreetmedia.com/news/ferguson-police-testing-less-lethal-bullet-alternative/ https://legacy.lawstreetmedia.com/news/ferguson-police-testing-less-lethal-bullet-alternative/#comments Thu, 05 Feb 2015 18:14:43 +0000 http://lawstreetmedia.wpengine.com/?p=33744

Ferguson police are testing new "less lethal" ammunition in wake of controversial civilian shootings.

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Image courtesy of [Cactusbones via Flickr]

It looks like a toy, resembling a large ping pong ball, but this bright orange device is actually the newest “less lethal” ammunition option for police in pressure situations. Developed by a company out of California called Alternative Ballistics, The Alternative is marketed as an easily accessible attachment for police officers to use that doesn’t actually penetrate its target, only stalls it.

This week, five Ferguson, Missouri police officers will begin to train using the device, with the department planning to introduce it to its entire force of 55 officers.

This “less lethal” option would allow police in situations where lethal force is already presumably justified to cause their target serious pain with less internal injury. In seconds the device can be mounted on the top of the gun without any obstruction to the sight of its operator. According to the company’s website:

Once the weapon is fired, the bullet embeds itself inside the projectile with no chance of escaping, simultaneously transferring the bullet’s energy, propelling it directly at the target. Once the bullet is fired from the gun into the projectile they permanently become one unit. The docking unit will automatically eject from the weapon and the firearm returns to its normal function before it cycles in a new round.

Since the gun returns to its normal functionality after the one-time round is released, officers can still use their weapons for lethal force if necessary.

You can watch a video of The Alternative in action below.

The main point of The Alternative is that it gives its user a choice. A choice that may have come in handy in the controversial shooting of Michael Brown, an unarmed black teenager who was fatally shot by a white police officer. Brown is just one of several victims who has thrust American police procedures under a microscope.This is likely the reason why the Ferguson Police Department is the first in the U.S. to test the $45-per-unit device.

According to the Washington Post, Al Eickhoff, assistant chief of the Ferguson police, had begun researching less lethal options about a month after Brown’s fatal shooting by now-former Ferguson Officer Darren Wilson on August 9, 2014.

But is this a viable option? Those seconds it takes for an officer to pull the device out from a side holster and place it on the barrel of a gun could be life threatening. Steve Ijames, a former Springfield, Missouri police major and training expert thinks that may be the case, telling the Post:

I am all about less lethal. What bothers me is we will allow an officer to face immediate deadly jeopardy with a less-lethal round. Deadly force is the most likely thing to repel deadly force.

The Alternative is hardly the only non-lethal option on the market. Officers have an arsenal of weapons such as tasers, bean bag-loaded shotguns, pepper-filled pellets, rubber-coated bullets, and stun grenades from which to choose. But if this ping pong-looking pellet takes off, it could end up being a favorite.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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What New Ethical Concerns Affect Online Journalism? https://legacy.lawstreetmedia.com/issues/technology/new-ethical-concerns-affect-online-journalism/ https://legacy.lawstreetmedia.com/issues/technology/new-ethical-concerns-affect-online-journalism/#comments Thu, 05 Feb 2015 17:00:44 +0000 http://lawstreetmedia.wpengine.com/?p=33563

What new ethical concerns do writers have to be mindful of in the online journalism industry?

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Image courtesy of [Esther Vargas via Flickr]

Online journalism has opened the door for non-traditional journalists to enter the industry. However, as more and more people trickle into the field, the ethical concerns inherent in journalism evolve as well. Digital media ethics of all kinds exist, they serve to streamline the practices of all sorts of online journalism: blogging, writing, photojournalism, and even social media journalism. Many discussions circle around how online journalists, and those with an audience equal to or even surpassing print journalists, should research, publish, and interact with the text. Read on to learn about how the internet is changing the field of journalism, the basics of journalistic ethics, and what new questions are arising for online journalists.


Changes in the Water

Journalism is transforming at an alarming rate–paper sales of newspapers and magazines are down, and online consumption is at an all-time high. No matter the topic–daily news, celebrity gossip, sports analysis, or even legal news–it’s online. Part of this is because of the turnaround time. No longer is there a need for multiple newspapers depending on the outcome of an event. Instead, a journalist can write, edit, post, and interact on a topic in just a few seconds on social media platforms within minutes on a blog or website.

Change can be difficult to circumvent, especially for those who are used to doing things “the old fashioned way.” Shrinking physical sales equate to shrinking profits from sales, advertising, and usage. Still, online journalism leads to experimentation, integration, and collaboration. Most of the principles taught in college classrooms up until only a few years ago centered on the mass production of newsprint, dating back to the late nineteenth century instead of the current age. Schools are picking up on the advent of digital journalism, teaching ethics, and discussing best practices. Without clear cut guidelines, however, it can be difficult to get everyone to agree on just what the online journalistic ethics actually are and how to implement them. But the question isn’t just how to come up with ethics and how to implement them, but rather: how do we create online journalistic ethics that will work for everyone creating content?


What exactly is online journalism?

Before setting any ethics, there are a few questions to answer. There is a distinct lack of clarity over what it means to be a journalist, mostly among those who actually write, but not as much among those who consume. But still, the questions remain: what is journalism and what is online journalism? Like print journalism, the online variation requires  having the skills to investigate, research, work with technology, and write clearly. Ethics wise, all of these skills are used to verify truth and promote accuracy.

Types of Online Journalism

There are countless different types of online journalism. While this list isn’t exhaustive, some examples include: websites affiliated with major media companies, the websites that mesh articles and blogs, and those websites that are comprised of all blogs.

Traditional News Sites

The Washington Post has been a major American paper for more than a century. It has a completely separate print newspaper from its website and stories that originally premiered on the website rarely, if ever, end up going to the printer; however, stories that run in the newspaper do appear on the website. Some newspapers, such as The New York Times, require readers to subscribe to the service in order to read stories and access some content online. Today this type of journalism has a smaller staff of writers that may also dip into the print writing. As such, many of their ethical issues mirror those of print writers.

Hybrid News Sites

For websites that mix blogs and news articles like the Huffington Post, you will see a combination of ethics coming into play–including those surrounding images and the concerns of a 24-hour news cycle. These websites may pool from a greater number of writers  with a varying amount of skills and knowledge. In addition, they may aggregate content in addition to or instead of creating original content more than traditional news sites.

Comment News Sites

Comment-based news sites, most commonly blogs, are another way to share news. Most often, editorial content that was produced by a variety of journalists is dissected and discussed by the blogger and then through audience participation. This content is often the shortest form of news, ranging up from the 140-character limits of Twitter into full blog postings. Whether or not this is truly journalism is up for debate–but there are definitely bloggers who follow journalistic principles, and those who focus entirely on opinion.


Journalism Code of Ethics

Print journalism has had a code of ethics for decades. As per the Society of Professional Journalists, there are four categories to the code:

Seek Truth and Report it

Whenever possible, journalists need to be able to ensure that what they are reporting is true and reported fairly and accurately, without bias. This includes providing appropriate context, following up on a story if facts evolve, reporting sources fairly,  and avoiding stereotypes and assumptions.

Minimize Harm

Journalists are present to report, but must remain observers. That means that they need to be respectful of the subjects and take precautions such as the ability to “balance a suspect’s right to a fair trial with the public’s right to know.”

Act Independently

This principle is simple–a journalist shouldn’t report on a topic if he or she has a vested interest in it, such as a personal relationship with a subject.

Be Accountable and Transparent

Whenever possible, journalists should allow the public to understand the reasoning behind the information included, and the validity of that information. In addition, journalists have a responsibility to correct any errors they may have made.

While online journalists are still held to these standards, there are additional ethical concerns that online journalists have to take into account; however, many of these ethical concerns fit into the categories of the code.


New Concerns in Online Journalism

Anonymity

Online journalism gives people the chance to be anonymous, and not in a “Dear Abby” sort of way. Anonymity is a prominent facet of the internet. Today, someone can just create a name and start posting content–few would even know if that person isn’t who he or she says wrote the article. Some portals require identification, but it can be as easy as taking someone else’s photo, duping the program with a fake email, and turning off location services.

Anonymity takes away the risk of journalism and allows people to be honest and free with their thoughts; however, some worry it also creates an environment filled with irresponsibility and hurt. Even if online platforms take the extra steps to remove the anonymity of it all, comments and shares aren’t protected from “trolls” or those with ill will.

In addition, it makes many question the validity of online reporting from anonymous platforms. After all, it’s inherently not transparent. Whether or not anonymous journalists can truly be considered “journalists” is a hot topic for debate.

24-Hour News Cycle

The 24-hour news cycle that is possible because of online journalism is also one of the biggest things to cause concern in the online news market. Journalism ethics do require reporters to be accountable and seek to report truthfully, but that becomes more difficult when everything is moving so quickly. Reports, images, and opinions circulate the world faster than ever through Twitter, YouTube, Facebook, blogs, cell phones, and hashtag activism. This speed does not always promote quality, clarity, or accuracy. Instead, it is sometimes a gut reaction to the events at hand, leading to misunderstanding, and at times, fear. Major news sources like CNN often pick up rumors that are later found to be untrue, especially in situations where there is little other information. These reports can cause a “trickle down” effect where incorrect information gets reported once and then repeated, as recently seen in the Ferguson case.

Impartiality: Editors Wanted

When people write about things that they are very passionate about, which is often the case for online journalists, there is a tendency to not remain as impartial as one would wish. Online media sometimes encourages people to tell their opinion and back it up without ever posting the “flip side” of the argument. Many bloggers, in particular, take pride in this, seeing themselves as activists for particular causes or movements, rejecting neutrality; however, that doesn’t neatly fit into the ethical guidelines that require journalists to stay unbiased and truthful.

Of course there has always been an opinion sector in journalism. In fact, some even claim that we are seeing a return to the partisan journalism that colored the profession throughout the early 1900s. Some argue that the responsibility may just fall to the reader on this one: it’s important to search out people on both side of the argument.

Social Media + Reporting = Journalism?

News organizations often send their reporters “into the field” to use social media to pass on information to the general public, creating a brand and influencing traditional reports. Typically they use Twitter, but have been known to use Instagram and even Snapchat as well; however, the new world of online personas creates an ethical gray area.

Take, for example, a reporter who writes political think pieces. In her published articles, she remains impartial on the topic of Hillary Clinton’s presidential run; however, on her Twitter account, she follows @ReadyForHillary and constantly tweets about her desire for Clinton to run. Could these comments give a critic something to chew on regarding authenticity in reporting? In the past, the ability to figure out a writer’s political leanings was much harder because there was less information out there for public consumption.

The ethical challenge for news organizations that use online and offline reporting is to develop social media guidelines that allow reporters or staff members to explore the online media world while also having an online presence. That sometimes means requiring that journalists take on multiple personas, a private one and a public one, in the aims of keeping their public name neutral.

Image Ethics

Photojournalism has only boomed in popularity relatively recently since the start of the internet. Photos and videos now make it easier than ever to capture historical events; however, those same programs that allow us to snap photos and share them in just a few minutes also allow for those photos to be altered and manipulated in a relatively short amount of time. If there was no one else at the event, manipulating an image could manipulate a whole event. Take for instance the latest video of New Jersey Governor Chris Christie falling off of a chair. Said to be punishment for him supporting an opposing football team, the Philadelphia radio station added music and doctored the video, making Christie seem like a clown.

Can news sources trust the images that come from regular citizens? In the past it wasn’t as confusing, as pictures were more difficult to manipulate unless you had intense training. Now, most people know how to use at least some of the tools on Photoshop. According to the Center for Journalism Ethics: “Photojournalists often talk about how it is permitted to change the ‘technical’ aspects of a picture such as altering slightly the tone or color of a photo. But they draw the line at any further changes. Changing the meaning or content of the image so as to mislead viewers is considered unethical.”


Conclusion

In the end, we are left with a lot of questions and very few answers. The problem is that we are currently in the midst of a huge change in journalism. Ten years ago no one would have predicted the rise of websites like Instagram and Twitter because we just didn’t have that technology yet.

Until we have the answers for those questions, and the thousands more that stem from them, the answers of ethics for online journalism is left up to the individual–company, blog, person, or website. Soon enough, we will start to see a convergence on topics like anonymity and image use–it’s already happening. Colleges are slowly rolling out courses only on online journalism. The best we can do, for now, is work with integrity and professionalism and try to hold our news sources to those same standards.

While the principles of journalistic ethics still do hold true, new questions are popping up every day. Journalists do still have an obligation to seek truth and report it, minimize harm, act independently, and be accountable and transparent. The internet may make it more difficult to parse out how those ethics apply in every situation, but they remain the standards of professional journalism.


Resources

Primary

SPJ: Code of Ethics

Additional

MIT: Ethics in Photojournalism: Past, Present, Future

Boise Weekly: Ferguson Case Reveals Media Flaws

Atlantic: How is Social Media Changing Journalism

Huffington Post: Impartial Journalism’s Enduring Value

Huffington Post: Journalism in a New Era

State of Media: Newspapers by the Numbers

Center for Journalism Ethics: Online Journalism Ethics – Photojournalism

Center for Journalism Ethics: Online Journalism Ethics

Poynter: Online Journalism Ethics

SABEW: Online Journalism Poses Challenges, But Doesn’t Require New Ethical Guidelines 

Guardian: Authenticity Has Replaced Authority

Indiana University: Journalism Ethics Cases Online

Editor’s Note: This post has been revised to credit select information to the Center for Journalism Ethics. 

Noel Diem
Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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ICYMI: Top 15 Top News Stories of 2014 https://legacy.lawstreetmedia.com/news/icymi-top-15-top-news-stories-2014/ https://legacy.lawstreetmedia.com/news/icymi-top-15-top-news-stories-2014/#respond Sat, 27 Dec 2014 14:00:09 +0000 http://lawstreetmedia.wpengine.com/?p=30450

There were a lot of big news stories this year, from the Olympics in early 2014 to the ongoing Sony hack. Read on to learn about the top 15 news stories of 2014.

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There were a lot of big news stories this year, from the Olympics in early 2014 to the ongoing Sony hack. Read on to learn about the top 15 news stories of 2014.

1. The Winter Olympics: $how Me the $ochi

Image courtesy of Atos via Flickr

Image courtesy of Atos via Flickr

The 2014 Olympics were hosted in Sochi, Russia, this winter, and the entire event was marked by controversy after controversy. The Russians were chosen to host the Olympics because of an impressive, expensive bid to the International Olympic Committee (IOC). However, the chaos of the 2014 Games left many wondering whether or not cash should be the deciding factor in the selection process.

2. Malaysian Airplane Crash: Who’s Liable?

Image courtesy of abdallahh via Flickr

Image courtesy of abdallahh via Flickr

In March, the world watched as a Malaysian Airlines flight disappeared, and many families were left devastated. It was a horrifying tragedy, but many were wondering who was to blame for the catastrophe, or more appropriately, who was liable? Given that much is still unknown about the crash, the legal questions are far from being answered.

3. Punishing Donald Sterling Is About to Get a Lot Harder

Image courtesy of Michael via Flickr

Clippers owner Donald Sterling came under fire after an audio recording of him making racist statements came to light. NBA Commissioner Adam Silver levied a notable punishment against Donald Sterling. However, given the unprecedented level of punishment, there were significant legal concerns.

4. An Open Letter to Shailene Woodley: What Every Not-a-Feminist Needs to Hear 

One of the most talked about stars of 2014 was Shailene Woodley–she starred in films such as Divergent and The Fault in Our Stars. However, she also made headlines for a less flattering reason–for saying that she wasn’t a feminist. Unfortunately, she had the definition of feminism wrong.

Answer Emma Watson’s Call for Gender Equality

Image courtesy of EyesonFire89 via Flickr

Image courtesy of EyesonFire89 via Flickr

However, another movie starlet, Emma Watson of Harry Potter fame, gave an amazing speech this year about the importance of feminism and equality. Unlike Woodley, her definition of feminism was spot-on, and she made a great appeal.

5. SCOTUS Steps Up Amid Execution Controversy

Penitentiary_of_New_Mexico_-_Lethal_Injection_Bed-512x325

Image courtesy of [Ken Piorkowski via Flickr]

Another controversial news topic this year was the death penalty. In May, Supreme Court Justice Samuel Alito ordered the stay of the execution of a Missouri man named Russell Bucklew. The reasons for the stay were concerns over a botched execution of an Oklahoma inmate just a few weeks before.

6. Trigger Warnings Creep Off the Web and Into the Classroom

 

Image courtesy of OpenClips via Pixabay

Image courtesy of OpenClips via Pixabay

Trigger warnings are a common sight on websites, in order to alert readers to content they may find troubling. However, trigger warnings started to make their way off the internet and possibly onto college syllabi. That change has led to concerns that trigger warnings may end up creating optional content in college courses.

7. The Dark Side of the World Cup: Corruption, Bribery, and Civil Unrest

Image courtesy of Amil Delic via Flickr

Image courtesy of Amil Delic via Flickr

This summer, the world watched as the 2014 World Cup took place in Brazil. But, much like the 2014 Olympic Games, the World Cup had problems with corruption, lack of organization, and bribing scandals. Not only was the World Cup an interesting look into the the politics of Brazil, but it says a lot about what may happen at the 2022 World Cup in Qatar.

Oh, and that guy who bit another player: The People vs. Luis Suarez

Image courtesy of [George via Flickr]

Image courtesy of [George via Flickr]

There were also plenty of individual controversies at the 2014 World Cup. One of the most salient regarded a player named Luis Suarez from Uruguay, who had an interesting move during gameplay–biting people. FIFA dealt with the bite in their own ways, but it raised the question: had Suarez’s bite occurred off the field, what would the ramifications have been?

8. The Senate Torture Report: Government Infighting Over Release

Image courtesy of Justin Norman via Flickr

Image courtesy of Justin Norman via Flickr

The Senate torture report was finally released a few weeks ago, but there was a lot of infighting prior to the release. Major players included the U.S. Senate, particularly the Senate Intelligence Committee, the CIA, and the White House.

9. We Should All be Upset About What’s Going on in Ferguson: Here’s Why

Image courtesy of Elvert Barnes via Flickr

Image courtesy of Elvert Barnes via Flickr

In early August, a young man named Michael Brown was killed in Ferguson, Missouri, by Officer Darren Wilson. The following weeks led to protests over a few different topics, including police militarization, racial profiling, and First Amendment issues.

10. Ebola and America’s Fears

Image courtesy of CDC Global via Flickr

Image courtesy of CDC Global via Flickr

This year, Ebola has killed thousands in Western Africa, particularly in Liberia, Sierra Leone, and Guinea. Globalization and international travel led to a case making it to the United States, sparking fear around the nation.

11. Strikes Against ISIS in Syria: Shaky Ground for Obama Administration

The U.S. has been waging war against ISIS since it emerged in Syria and Iraq. Early this fall, the U.S. and some Middle Eastern allies bombed ISIS. Like any international action, the U.S. needed to be able to legally justify their actions, but that may be easier said than done.

12. The Washington Redskins: What’s Next in the Name Debate?

Image courtesy of Keith Allison via Flickr

Image courtesy of Keith Allison via Flickr

The Washington D.C. NFL team is called the “Redskins,” a name that has received ire for its offensive origin. Journalists have begun to refer to the team by almost any other name, and this summer the US Patent office cancelled the team’s trademark. Whether or not the name will ever be changed remains to be seen.

13. The CIA: How to Get Away With Torture

Image courtesy of takomabibelot via Flickr

Image courtesy of takomabibelot via Flickr

That Senate Intelligence torture report was finally released, and it was a disturbing revelation into the practices of the CIA. However, despite the fact that torture is illegal internationally, it’s doubtful that the U.S. will ever see any legal ramifications.

14. Australian Hostage Situation Ends: A Community Stands Together

Image courtesy of Corey Leopold via Flickr

Image courtesy of Corey Leopold via Flickr

Earlier this month, there was a horrifying hostage situation in Sydney, Australia. But the aftermath was heartening, as Australians banded together to show the world that the actions of one mad man does not justify discrimination on a wide scale.

Australians School the World on How To Not Be Racist

Image courtesy of Chris Beckett via Flickr

Image courtesy of Chris Beckett via Flickr

Here’s a further look into the amazing Australian compassion after the Sydney hostage situation. The hashtag #IllRideWithYou was created, in order to provide support for the Australian Muslim community. Citizens of Sydney offered company to Australian Muslims who needed to travel on public transportation without fear of discrimination.

15. Disturbing New Developments in the Continuing Sony Hacking Scandal

Image courtesy of The City Project via Flickr

Image courtesy of The City Project via Flickr

One of the biggest stories of the end of 2014 was the Sony Hacking scandal, when a hacking group called the Guardians of Peace (GOP) made its way into Sony’s computer system. The story escalated quickly, as the hacking group demanded that a movie called The Interview not be released, or drastic action would be taken.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-week-10/ https://legacy.lawstreetmedia.com/news/icymi-best-week-10/#respond Mon, 15 Dec 2014 16:24:33 +0000 http://lawstreetmedia.wpengine.com/?p=30165

From bizarre laws still on the books to strippers working college admissions, ICYMI check out Law Street's Best of the Week.

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From bizarre laws to college admissions strippers, Law Street has you covered on everything you might have missed last week. Our number one story of the week came from Marisa Mostek who added the Pacific Northwest states to her series of the Dumbest Laws in the United States. Hint: hope you don’t want to buy a new mattress on a Sunday, because that’s out of the question. Anneliese Mahoney wrote the #2 post on Columbia University’s policy allowing students who have experienced trauma to petition for delayed exams, which became a hot topic in the context of the recent Ferguson and New York grand jury decisions. And Ashley Shaw had the #3 post of the week with a report on now-defunct FastTrain College’s admissions practices that will have you scratching your head and wondering how this happened in real life. ICYMI: check out Law Street’s Best of the Week.

#1 The Dumbest Laws in the United States: Pacific Northwest Edition

I was wrong a couple weeks ago when I said that California laws are crazy. Many of the Golden State’s laws that I mentioned now seem completely sane in comparison to those I’ve discovered in Washington and Oregon. For example, if you are trying to woo the opposite sex by saying your dad just won the lottery and drives a brand-new Lamborghini when in fact he doesn’t have a dime to his name, you better think again. In Washington state it is illegal to pretend that your parents are rich. Read full article here.

#2 Columbia Law takes Progressive Stance on Mental Health

In light of the incredibly controversial and nation-sweeping announcements that grand juries in Missouri and New York failed to indict the cops who killed Michael Brown and Eric Garner, respectively, Columbia University Law School made an announcement. It regarded the reactions that some of the students may be having to those verdicts, and offered counseling, opportunities to talk to professors regarding the indictment. Read full article here.

#3 BS in Dancing: When Stripper Work Admissions, It Might be a Scam

With a name like FastTrain College, you probably expect a top-notch education system along the lines of Harvard or Yale; however, what you apparently get is a different type of top entirely. When FastTrain wants you (so basically if you are a man), it will send out its top admissions officer. And by top officer, I of course mean an exotic dancer dressed provocatively in an effort to lure you into the school. Read full article here.

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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#HandsUpDontShoot #ICantBreathe: Celebrities Weigh In https://legacy.lawstreetmedia.com/news/celebrities-weigh-handsupdontshoot-icantbreathe/ https://legacy.lawstreetmedia.com/news/celebrities-weigh-handsupdontshoot-icantbreathe/#respond Wed, 10 Dec 2014 19:58:01 +0000 http://lawstreetmedia.wpengine.com/?p=29922

Celebrities are helping to keep activism alive in the aftermath of recent grand jury decisions.

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Image courtesy of [Ryan Sorensen via Flickr]

It’s been a few weeks since the announcement that the Ferguson grand jury would not indict Officer Darren Wilson for shooting Michael Brown to death. It’s been about a week since a Staten Island grand jury announced that Officer Daniel Pantaleo would not be indicted for the death of Eric Garner. Protests have continued in many major cities, and everyone is still talking about the injustices inherent in our judicial system. #ICan’tBreathe, a reference to Garner’s last words as he died after being put in a chokehold by Panteleo, is still trending on Twitter as I write this.

Now, celebrities are starting to get involved. A few nights ago, Kobe Bryant and other members of the Los Angeles Lakers wore “I Can’t Breathe” t-shirts before their game.

The Lakers weren’t the first team to participate in protests. The St. Louis Rams, shortly after the Ferguson grand jury decision, walked out onto the field with their hands in the “Hands Up, Don’t Shoot” gesture that has been a symbol of the Ferguson protests:

Rams player Davin Joseph also kept his support going by writing “I Can’t Breathe” on his shoes before a recent game:

Detroit Lions player Reggie Bush also showed his support with a homemade “I Can’t Breathe” shirt:

It’s not just professional athletes who are showing their support; other celebrities have chosen to throw their weight around as well and bring attention to the Brown and Garner-inspired protests. Singer/songwriter John Legend and his wife Chrissy Teigen, a model, paid for an entire fleet of food trucks to serve protesters in Lincoln Square in New York on Sunday. 

Finally, members of Congress have shown their support. Four members have done the “Hands Up, Don’t Shoot” gesture on the floor of the House of Representatives: New York Reps. Hakeem Jeffries and Yvette Clarke, and Texas Reps. Sheila Jackson Lee and Al Green. 

Although many celebrities have made their opinions known about the lack of indictments in these cases, these athletes, celebrities, and politicians have stood out. They’re in good company–it’s only by bringing attention to these issues that we can ever hope to enact change. 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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How Victim Blaming Nurtures an Unjust System https://legacy.lawstreetmedia.com/blogs/how-victim-blaming-nurtures-an-unjust-system/ https://legacy.lawstreetmedia.com/blogs/how-victim-blaming-nurtures-an-unjust-system/#comments Wed, 10 Dec 2014 13:30:03 +0000 http://lawstreetmedia.wpengine.com/?p=29901

Victim blaming is common in American culture and it's on full display after recent police killings.

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Image courtesy of [The All-Nite Club via Flickr]

The decisions by grand juries not to indict the police officers who killed Michael Brown in Ferguson, Missouri and Eric Garner in Staten Island, New York–both unarmed black men–have sparked a visceral reaction from many Americans coast to coast. In the case of Garner, the reaction transcended partisan politics, with conservative voices such as Glenn Beck expressing disbelief at how an unarmed man being choked to death on camera was not enough to even start a criminal proceeding against his killer, Officer Daniel Pantaleo.

On the other hand, there are those who reject the idea that the system failed these victims and their families, and that these outcomes are indicative of a larger institutional design that disproportionately victimizes black people. They tend to view these cases as “isolated incidents,” unfortunate yes, but perhaps unavoidable in a society where police are confronted with violent crime on a daily basis. Inevitably, they veer into defaming the victim’s character. “It’s not like Michael Brown was an angel. Did you see the video of him robbing that store just before the shooting?” I have even heard some version of these quotes uttered by people very close to me, whose opinions I hold in high regard. Yet, here they are apologizing for murderers.

It is not difficult to see the striking parallel between this behavior and the victim-blaming that surrounds cases of rape and domestic abuse involving women. “Well she was wearing a short skirt” “Wasn’t she drunk?” “Why did she go back to him?” A system designed to protect men at the expense of women will scrutinize the woman’s actions to see what she did to bring such misfortune upon herself, rather than investigating the criminal actions of the male perpetrator. This, in turn, engenders a deep distrust of the system among women and explains why a majority of sexual assaults go unreported.

Similarly, a system designed to protect white lives at the expense of black lives makes it acceptable to blame the black victim of a senseless murder. Whether 18–year-old Brown or 43-year-old Garner were “angels” before their lives were cut short bears no relevance on whether their killers should be held accountable for their untimely deaths. Those who feel these are appropriate counterarguments to an issue that’s been blown out of proportion by the media are products of this system and these are misplaced attempts at appearing “fair and balanced.” That Officers Wilson and Pantaleo may never face a public trial for their actions means that the system worked as it was designed. Unfortunately, this also means that the distrust of law enforcement in black communities was only compounded. Obama’s call for $263 million for body cameras on police may increase transparency, but trust will elude us until we can seek justice in a system untainted by vestiges of the racial caste system that this country was built on.

Kesav Wable
Kesav Wable is an attorney practicing in New York, as well as an accomplished actor and writer. His short film For Flow, an HBO American Black Film Finalist in 2011, was broadcast on HBO/Cinemax, and he continues to develop scripts for the stage and screen. Contact Kesav at staff@LawStreetMedia.com.

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Columbia Law Takes Progressive Stance on Mental Health https://legacy.lawstreetmedia.com/schools/columbia-law-progressive-stance-mental-health/ https://legacy.lawstreetmedia.com/schools/columbia-law-progressive-stance-mental-health/#respond Tue, 09 Dec 2014 16:43:39 +0000 http://lawstreetmedia.wpengine.com/?p=29877

Columbia Law allows its students to petition for delayed tests in light of duress and trauma.

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Image courtesy of [The All-Nite Images via Flickr]

One of my favorite parts of my job here at Law Street is that I get to work with incredibly intelligent individuals with whom I occasionally disagree. Blogger Allison Dawson is one of those people. Today, she wrote a piece entitled “Columbia Law Students Can Postpone Exams in Light of Grand Jury Decisions.” It’s a great take–but I think there are a couple important points missing.

For some context, here’s the background: in light of the incredibly controversial and nation-sweeping announcements that grand juries in Missouri and New York failed to indict the cops who killed Michael Brown and Eric Garner, respectively, Columbia University Law School made an announcement. It regarded the reactions that some of the students may be having to those verdicts, and offered counseling, opportunities to talk to professors regarding the indictment, and this:

The law school has a policy and set of procedures for students who experience trauma during exam period. In accordance with these procedures and policy, students who feel that their performance on examinations will be sufficiently impaired due to the effects of these recent events may petition Dean Alice Rigas to have an examination rescheduled.

There’s a crucial part there that I want to make sure we’re all very cognizant of, and that’s that a Columbia Law student can’t just walk into Dean Rigas’ office and say “hey, I’m feeling weird about these indictments, can I take those exams later?”

The Academic Procedures outlined by Columbia make it pretty clear that petitioning to not take an exam isn’t really an easy practice. It certainly seems that a petition is by no means a guarantee to skip an exam, and that Columbia takes petitions pretty seriously. Columbia’s policy states:

Some petitions can be decided on within two to seven business days; others may require a meeting of the Rules Committee or the faculty and will take longer. It is advisable to make your petition as early as possible and not to assume the results of a petition.

A follow-up letter makes it seem like they really would only allow someone to postpone an exam under rather dire circumstances. The Vice Dean for Curriculum, Avery Katz wrote:

Accordingly, students who wish to request a rescheduled exam, or other similar accommodation, should either write to the office of Registration Services with an individual explanation of the basis of the request, or speak in person with an academic counselor in the Office of Student Services.  Unless time pressure is severe, meeting with an academic counselor is the preferred alternative, in case our student services staff can offer support or other resources that may be helpful.

I truly hope that if anyone uses this to try to get out of taking an exam, that Columbia would catch it with its policies. To anyone trying that, here’s a message to you: you’re a shitty person, and you are making it harder for those who actually do need to postpone an exam. Honestly, I highly doubt that many people will end up asking to postpone their exams because of these grand juries, or that Columbia will honor those requests.

All that being said, the fact that Columbia Law is recognizing that the grand jury announcements could have been triggering for a student is excellent. I agree with Allison that our future lawyers need to be able to accept and learn from the outcomes of our legal system, but I think that’s oversimplifying what those failures to indict really mean. The grand jury decisions were symptoms of significantly larger issues in our justice system, like racial inequality, police brutality, and a culture of violence. The protests that have continued all around the nation show that these conversations didn’t stop when those grand juries made their decisions.

No one gets to dictate what could cause someone to have emotional or mental difficulties and need help. Columbia Law has policies in place that allow students to make their case if they are suffering from anything that would impede performance on exams. The letter that went out yesterday just clarified that. There will of course always be people who try to take advantage of the policy, and I truly hope Columbia Law is able to identify those people. But the fact that Columbia is taking such a progressive view on mental health and triggers is truly refreshing. It’s the thought that counts, and for Columbia Law, this truly was a good thought.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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ICYMI: Best of the Week https://legacy.lawstreetmedia.com/news/icymi-best-week-9/ https://legacy.lawstreetmedia.com/news/icymi-best-week-9/#comments Mon, 08 Dec 2014 18:08:09 +0000 http://lawstreetmedia.wpengine.com/?p=29862

ICYMI, check out the top three stories from Law Street law week.

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With the announcement last week that the grand jury decided not to indict NYPD officer Daniel Pantaleo in the choke-hold death of Eric Garner, demands for social justice continue to dominate the media world. At Law Street, Alexandra Badalamenti wrote the number one most read piece about the futility of posting the copyright declaration on Facebook that so many people have done in the last week; Hannah R. Winsten wrote the number two most popular article about the presence of the Oath Keepers in Ferguson; and Noel Diem  brought us the third most popular article of the week–an explainer on the effect of social media in the recent protests in Ferguson and beyond. ICYMI, check out Law Street’s Best of the Week.

#1 Facebook Copyright Myth Debunked

In today’s world of multiple social media platforms and just too much to do, you may not remember the June 2012 and November 2012 Facebook copyright panics. In case you missed them, here’s how they went: Status updates surfaced from users who unnecessarily “formally declared” their posted material as off limits to Facebook. The hype threw photographers and artists on the social media platform into a frenzy, and those not employed by their intellectual property still worried about the protections over their personal pictures and videos. Read full article here.

#2 Dear Oath Keepers: GTFO of Ferguson

The Oath Keepers have descended upon Ferguson in response to the riots, taking up armed positions on the rooftops of local businesses to guard against looters. Working as a sort of vigilante militia, these rooftop patrollers are veterans, ex-cops, and paramedics. They work at night and, apparently, they’re prepared to shoot down anyone who crosses their path. Read full article here.

#3 Ferguson and the Effect of Social Media Activism

Social media has been a key part of the nation’s involvement in the Ferguson case since the day it happened. Protest footage was shown online as it developed through YouTube, Twitter, and Facebook posts. If that spark of anger ever dissipated, a well-timed hashtag could bring it back, and when the evidence was released, people joined together to comb through the details for more information. Read full article here.

Chelsey D. Goff
Chelsey D. Goff was formerly Chief People Officer at Law Street. She is a Granite State Native who holds a Master of Public Policy in Urban Policy from the George Washington University. She’s passionate about social justice issues, politics — especially those in First in the Nation New Hampshire — and all things Bravo. Contact Chelsey at staff@LawStreetMedia.com.

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Racism: It’s on All of Us https://legacy.lawstreetmedia.com/blogs/culture-blog/racism-its-on-all-of-us/ https://legacy.lawstreetmedia.com/blogs/culture-blog/racism-its-on-all-of-us/#respond Fri, 05 Dec 2014 10:30:45 +0000 http://lawstreetmedia.wpengine.com/?p=29564

Racism isn't just for white people, but the media would have you believe that it is.

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Image courtesy of [Christian Matts via Flickr]

Racism still exists in America. I see it every day, and having the increasingly common experience of being a white minority in the city I live in, I know that racism is not merely restricted to Caucasians. Yeah, I said it. Every race can be racist. Every race has stereotypes associated with other ethnicities, and every race has prejudices against those ethnicities based on years of perceived oppression. It does not matter if you are Caucasian, African, Asian, Mexican, or South American–you have experienced racism at some point in your life.

But the race issue is exacerbated by the media and by those who think racism is simply one-sided, i.e. white against every other color. Which is why cases like what happened in Ferguson, frankly, piss me off.

I agree that police officers should be held accountable their actions, and my thoughts are with Michael Brown’s parents, as no one should have to lose a child. But as their story spread and grew it became less and less about a cop shooting an 18 year old 12 times and more about a white man shooting a black man. Thieves and looters, under the guise of “protest” took the opportunity the media gave them and began destroying property, stealing, becoming physically violent toward police officers and each other, all in the name of justice for a black teenager. The protests fueled the media frenzy and the whole cycle repeated and blew up.

Again, Brown’s actions in the surveillance video above, which was taken from just prior to him being killed, do not justify him getting shot a dozen times. But painting him–as some stories did–as a martyr and a saint is a serious over-exaggeration. Yet citizens of Ferguson took the race part of the story–not the legal part–and made him their mascot.

We will never know for certain what happened that day after Brown left the store. What I can assume, though, is that if the officer responsible had been African American, we would not have heard about it. If Officer Darren Wilson and Michael Brown had both been white, we would not have heard about it. Had the races been reversed–black officer shoots white teen–you can bet shit would have hit the fan just the same.

The truth is, according to the 2013 FBI Crime Report: 83 percent of white homicide victims were killed by other whites. Ninety percent of black homicide victims were killed by other blacks. We don’t hear about those cases. The reason this homicide got so much attention? Race. Plain and simple. It would have been more understandable if the news and the protests had focused on a cop abusing his power, but that is not the story we got. Police officers, historically, have often gotten away with things that would have been illegal for regular citizens, regardless of race. Why couldn’t the news have focused on that injustice?

Michael Brown’s story got blown out of proportion. Criminals used his name as an excuse for heinous acts, we were hounded for months with news stories focusing on never-ending protests of criminal behavior, and his parents were left to mourn by dealing with the violence committed in their son’s name. Violence they did not and do not condone. All this because the police officer happened to be white.

Racism is a problem, but to help alleviate that problem we have to stop assuming that every act one race commits against another is rooted in prejudice. We have to stop assuming that Caucasians are the only people who still associate certain races with certain stereotypes. We have to stop calling each other “white” or “black.” Acknowledge one another as people, not as a skin color, and the country can finally be rid of this horrible practice.

Morgan McMurray
Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

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#HandsUpDontShoot #ICantBreathe: Americans Continue Protests https://legacy.lawstreetmedia.com/news/handsupdontshoot-icantbreathe-american-continue-protests/ https://legacy.lawstreetmedia.com/news/handsupdontshoot-icantbreathe-american-continue-protests/#comments Thu, 04 Dec 2014 19:45:36 +0000 http://lawstreetmedia.wpengine.com/?p=29692

Americans continue to protest the grand jury decisions in Michael Brown and Eric Garner's deaths.

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Image courtesy of [David Bledsoe via Flickr]

If you live in a major metropolitan area, or honestly even a small one, there’s a very decent chance that you’ll see protests today. You probably saw some last night as well. For any of you who have been living under a particularly comfortable and sheltered rock lately, the protests focus on the cases of two black men killed by police officers. Michael Brown, an 18 year old in Ferguson, Missouri, was shot and killed by Officer Darren Wilson on August 9, 2014. On November 24 it was announced that a grand jury had decided not to indict Wilson. Next, there’s the case of Eric Garner in New York, who was killed by Officer Daniel Pantaleo on July 17, 2014. Pantaleo was filmed putting Garner in a chokehold, even though that tactic is banned by the New York Police Department.

Here’s an example of the “hands up don’t shoot” gesture being used in protest:

And Garner’s last words, which have become a rallying cry:

Those are the roots of the protests, the catalysts. But the protests aren’t just about these two men. They’re about the greater issue–or more appropriately issues. I’m not trying to make an exhaustive list here but these protests are about the national conversations we need to have on racism, racial profiling, police violence, police militarization, etc, etc, etc. The protests are about a broken system–the deaths of Brown and Garner are tragic symptoms of this system.

The protests have been taking place all over the United States. New York, where Garner was killed, was especially busy. There was a “die-in” at Grand Central Station yesterday evening; a “die-in” is when protesters lie on the ground, silently.

Protesters marched through New York City and temporarily blocked traffic at major transportation hubs, including the Lincoln Tunnel. One of the protesters explained her motivations, saying:

Every 28 hours a young black man is killed by police. Only 2 percent of police are indicted. Those numbers are crazy. It’s telling young black men that their lives don’t matter and their deaths can be passed over.

Protests were also very active in our nation’s capital. Last night, protesters flooded Dupont Circle and stopped traffic, as well as at some other locations in Northwest Washington. Today there will be a protest over by the Department of Justice at 4:00pm.

Cities all over the country look like this, and I’m going to leave these pictures and videos here, because I think they say more than words ever could:

Philadelphia, Pennsylvania

Oakland, California:

Seattle, Washington

New York, New York

Those are faces of change. Faces tired of the way that our system has been failing. Faces that have had enough. Faces that deserve to be, finally, listened to.

If you’re interested in joining a protest, here’s where they’re happening today. They aren’t going to end anytime soon, because this crisis clearly isn’t ending anytime soon either.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Ferguson and the Effect of Social Media Activism https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/ferguson-and-the-effect-of-social-media-activism/ https://legacy.lawstreetmedia.com/issues/entertainment-and-culture/ferguson-and-the-effect-of-social-media-activism/#comments Thu, 04 Dec 2014 11:30:54 +0000 http://lawstreetmedia.wpengine.com/?p=29576

For better or worse social media had a major effect on the way the public at large interacted with the events in Ferguson, Missouri. Is this the new normal?

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Last Monday night St. Louis County Prosecutor Robert McCulloch delivered a combative 25-minute address in which he seemed to blame social media for some of the fallout between the death of Michael Brown on August 9, 2014 and the announcement that police officer Darren Wilson would not be indicted for shooting him.

McCulloch focused his attention on the role of social media covering the story, blaming it for misleading the public and creating a martyr out of Brown from the start. He was particularly cutting to the people of Ferguson who witnessed or didn’t witness the event saying that, “within minutes various accounts of the incident began appearing on social media.” He continued on to say that the posts, mostly on Twitter, were “filled with speculation, and little, if any solid, accurate information.” His statement did little to quell the fire on social media platforms like Twitter, Tumblr, and Facebook. In fact, it might have ignited a deeper fury in the hearts and minds of those who were blogging about the incident.

Social media has been a key part of the nation’s involvement in the Ferguson case since the day it happened. Protest footage was shown online as it developed through YouTube, Twitter, and Facebook posts. If that spark of anger ever dissipated, a well-timed hashtag could bring it back, and when the evidence was released, people joined together to comb through the details for more information.

What would have happened if social media hadn’t been around for Ferguson? It’s unclear, but the impact of social media cannot be denied–it changed the face of a county, the life of a man, and the start of a movement.


Twitter

From the moment the shooting happened and continuing through today, Twitter has had a lasting impact on the general public’s memory of Ferguson and the events that followed. Tweets from Alderman Antonio French kept everyone abreast of what was happening, and were the source for information on the scene. The story spread far and wide, and may have been what some witnesses used when they discussed the event before a jury. Comments were made on everything from the extensive media coverage to the altercation between local police and a Washington Post reporter.

The near-constant trend of #Ferguson has not stopped since August, with nearly 3.5 million tweets around the planet in the three hours after the decision was delivered to the public.

People didn’t just use Twitter to talk– it was used to promote action as well. According to the Social Media Listening Center at Clemson University, the incident in Ferguson and the hashtags #MichaelBrown, #Ferguson, #DarrenWilson, and #BlackLivesMatter had the highest response to any event since they started monitoring the service. Listening Center Director Joe Mazer said that 90 percent of the Twitter mentions were negative toward Officer Wilson and the Ferguson Police Department. He said key influencers of the conversation were members of the media and the forces on the ground, or the people in and around Ferguson.

Much of that response was to organize protests, educate others, and spread the word about both sides of the case. Movements started on Twitter and many more grew because of it. In a country where people often say we don’t participate in government, simple sentences in 140 character increments have done what political leaders haven’t been able to do in quite some time: bring groups of people together through their feelings of injustice and anger.

#StoptheParade

Twitter took things to another level when activists in NYC took to social media and encouraged people in and around the city to gather together to interrupt the Macy’s Thanksgiving Day Parade. They used the hash tag #StoptheParade to plan the protest that was to bring the injustice from the grand jury result to the eyes of those enjoying the parade. While it unclear how many people were involved in its inception, or even who started the movement, it quickly moved from hundreds of tweets on Twitter to posts on Facebook and Tumblr. As the movement grew, a map was released to show protesters just where to gather.


Though mainstream media didn’t cover the protests instead of the parade, videos and images flowed onto Twitter and Instagram showing peaceful protesters we well as those who got a little more physical. It seemed like the NYPD got word of the event, as there were many officers lining the streets specifically where protesters planned to meet.


Tumblr

Much of what is happening on Tumblr is similar to what is happening on Twitter, though there are of course longer posts with some more detailed analysis of court documents and personal responses. However, there is one thing that is very different: the Ferguson National Response Network. The network stems from an idea that protesters had before the indictment announcement, which is a system that allowed interested parties to sign up to receive SMS messages about the announcement. This was especially helpful to those who worked during the announcements. As that movement grew, there was a demand to continue this collection of activities, so they created the Network Response Team. The Tumblr page allows submissions for peaceful demonstrations, allowing other people to join in so that the event is a success. There have been more than 70 events and counting planned through the page.


Online Fundraising

Social media and internet resources weren’t just a refuge for those fighting against Wilson. There were two fundraising campaigns set up to raise money for the police officer when it became apparent that he probably wouldn’t return to the line of duty, either through indictment or from resigning. The sites were set up through GoFundMe, but they were eventually halted. There was also a Facebook page called “Support Darren Wilson,” which raised more than $430,000. That too was halted with only a parting message stating that interested parties should “Please redirect Badges for Darren to the Ferguson PD. Thank you for your continued support. We understand that there will be many unanswered questions and concerns and we will update supporters as soon as we have the answers.” Another site, Support Officer Wilson, has raised more than $235,000, but it also stopped accepting donations without an explanation. There were reports that the administrators of the pages were receiving threats over their participation.


So, was social media’s role in Ferguson good or bad?

The Good

Social media is great at getting information out quickly about ongoing events. One could just set his or her browser to “Ferguson” and it was almost a real-time display of the events. Networks are only able to cover one aspect at a time, but social media has access to the collective information. It also allows for the continued planning of events that need larger groups of people as a sort of grassroots campaign.

Social media also allows people to search for information that is relevant to them. While the major news networks were all turned to the events in Ferguson, communities in New York City and Philadelphia also had their own protests. By using Twitter, one would just have to search to see where the protests were–either to join in or avoid them during travel.

Finally, it is obvious that social media encourages everyone to be more active and aware of the world around us. Without social media, we would only be privy to the information released by the news media, much of which has been slanted toward one direction or the other. It allows us to have educated debates, understand the details, and make our own decisions.

The Bad

Social media may have hurt the legal proceedings in Ferguson more than it helped. Those involved claim that witnesses who were around the scene on the street claimed to have seen Brown with his hands up, however many of their accounts seem to have come from Twitter rather than their own experience. Former New York City Mayor Rudy Giuliani even went on record to say that those witnesses should have been sued for perjury. While some argue that this is just looking for a reason not to persecute Wilson, the truth remains that many eyewitness accounts didn’t match up.

Social media may have also played a part in the violence, stoking anger and fear in the hearts of those involved. We can all agree that the violence and looting that has erupted, though understandable to some, has left many with a bad taste in their mouths and is almost undermining the cause. Social media has a time and place, and if we can use it responsibly, it will help shape the way we receive, discuss, and process news.


Resources

Primary

Twitter: #Ferguson Tag on Twitter

Mail Chimp: Darren Wilson Verdict Text Message Service

Twitter Reverb: Real Time Display of Tweets

Additional

Bustle: Ferguson’s Prosecutor Blamed Social Media for Misinformation, Entirely Ignoring the Mission and Necessity of Social Media

LA Times: Fundraising Web pages for Ferguson cop still closed; it’s unclear why

Washington Post: Grand Jury Reaches Decision in Case of Ferguson Police Officer

Washington Post: How Social Media Freed Reporter

Mediaite: Indictment Announcement from Ferguson

WYFF4: Social Media Listening lab sees record posts on Ferguson

Ferguson Response: Ferguson National Response Network

Talking Points Memo: Here Is How The Prosecutor Described The Michael Brown Shooting

Talking Points Memo: Rudy Giuliani On Ferguson Decision: I’d Prosecute Witnesses For Lying (VIDEO)

 

Noel Diem
Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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Dear Oath Keepers: GTFO of Ferguson https://legacy.lawstreetmedia.com/blogs/culture-blog/dear-oath-keepers-gtfo-ferguson/ https://legacy.lawstreetmedia.com/blogs/culture-blog/dear-oath-keepers-gtfo-ferguson/#comments Wed, 03 Dec 2014 21:23:04 +0000 http://lawstreetmedia.wpengine.com/?p=29598

The Oath Keepers have descended upon Ferguson in response to the riots, taking up armed positions on the rooftops of local businesses to guard against looters. However, the Oath Keepers are a super problematic—and frankly, pretty scary—organization, and their presence in Ferguson is anything but benign.

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Happy December, folks!

Have you all awakened from your turkey coma? Good. Because the situation in Ferguson has taken an interesting turn, and you’re going to want to be alert for this one.

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The Oath Keepers have descended upon Ferguson in response to the riots, taking up armed positions on the rooftops of local businesses to guard against looters. Working as a sort of vigilante militia, these rooftop patrollers are veterans, ex-cops, and paramedics. They work at night and, apparently, they’re prepared to shoot down anyone who crosses their path.

So, here’s the thing about the Oath Keepers. On the one hand, some folks are happy they’re there. Local business owners who are receiving their protection have reported feeling safer, and that’s pretty great.

However, the Oath Keepers are a super problematic—and frankly, pretty scary—organization, and their presence in Ferguson is anything but benign.

The Oath Keepers are a radical, militant, right-wing non-profit that was founded in 2009. Not coincidentally, their appearance aligns perfectly with the election of President Obama and the rise of the Tea Party. The Oath Keepers are—shockingly—mostly white men, and their stated mission is to protect Americans’ Second Amendment rights and to prevent a dictatorship from ever taking hold in the U.S.

But really, that’s a lot of coded language for racist, paranoid, gun fanatics who decided to form a vigilante militia in response to a black president being elected to office.

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Here’s what the Oath Keepers are really about—they’re a particularly militaristic arm of the Tea Party, a group that sprang up with Obama’s election because conservatives were scared as fuck. The economy was (and, let’s be real, still is) in the shitter, thanks to Republican tax policies that caused the housing crisis of 2008. Their beloved straight, white, Christian, family-man conservative president, George Dubya, was leaving office and being replaced by someone new and relatively unknown. The face of the United States was changing drastically.

So, naturally, conservatives freaked the fuck out. Enter the Tea Party and its bevy of reactionaries—folks dressing up in colonial garb, romanticizing the Founding Fathers and their Constitution, ignoring the existence of slavery, and holding up signs of President Obama fashioned as Hitler, the Devil, and a monkey, all demanding to see his birth certificate.

Yeah, so, the Oath Keepers are those people. Except they carry guns and act as unlicensed, armed security guards whenever things start to happen that they don’t like.

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What’s high on their list of things they don’t like? Black people rioting in the streets after a grand jury decided that their lives don’t matter, and that we should all just collectively shrug our shoulders as another young black man’s life gets cut short—like Trayvon Martin and Eric Garner before him—and hold no one accountable for his death.

This the type of shit that gets the Oath Keepers riled up to restore order. God forbid people of color should rise up and demand that their lives be valued by the American justice system.

This is the third time in three years that we’ve had to collectively mourn the untimely death of a young black man, shot down because his blackness made him threatening to the shooter. And those are just the cases that have made national headlines. How many more people of color have been cut down in the last three years by a justice system that’s stacked against them?

More than any of us would like to admit.

And so, as the Oath Keepers descend upon the city of Ferguson, it’s no coincidence that the men standing on shop rooftops with guns are mostly white, and the assailants they’re taking aim at are mostly black.

 

Rodrick.nope

These radical right-wingers are feeling all kinds of sympathy for the store owners whose businesses have been looted. And that sympathy isn’t entirely misplaced. It’s not a situation that any of us would wish on another person—to have their life’s work plundered or burned to the ground.

But if we all take a step back from the riot-shaming that is implicit to the Oath Keepers’ presence in Ferguson, it’s clear what side of this issue the radical right is on.

Martin Luther King Jr. once said that a “riot is the language of the unheard.” And conservatives, like the Oath Keepers, want to keep the unheard quiet. They’ll shoot them down to preserve the silence if they have to.

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Instead of patrolling rooftops, threatening to gun down people who are fighting for their lives, the Oath Keepers should be listening to this latest outcry from the unheard.

They’re telling us that black lives matter. Michael Brown matters. Trayvon Martin and Eric Garner matter. And, contrary to what the American justice system might have us believe, these losses aren’t to be taken lightly.

So please, Oath Keepers, get the hell off the rooftops. Stop trying to intimidate the unheard people of Ferguson into silence.

Try listening to them instead.

Hannah R. Winsten
Hannah R. Winsten is a freelance copywriter, marketing consultant, and blogger living in New York’s sixth borough. She hates tweeting but does it anyway. She aspires to be the next Rachel Maddow. Contact Hannah at staff@LawStreetMedia.com.

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In the Aftermath of Ferguson, Will There Be a Wrongful Death Suit? https://legacy.lawstreetmedia.com/blogs/aftermath-ferguson-grand-jury-decision-possibility-wrongful-death-lawsuit/ https://legacy.lawstreetmedia.com/blogs/aftermath-ferguson-grand-jury-decision-possibility-wrongful-death-lawsuit/#comments Fri, 28 Nov 2014 12:30:43 +0000 http://lawstreetmedia.wpengine.com/?p=29465

Discussions in the aftermath of the Ferguson Grand Jury decision.

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On Monday night the highly anticipated case of the fatal shooting of Michael Brown by police officer Darren Wilson reached its conclusion. The grand jury found that it did not have sufficient evidence to indict Wilson. In light of this controversial result, there has been speculation as to whether Brown’s family will bring a civil lawsuit against Wilson and the Ferguson Police Department.

The Brown family would have to show that Wilson intentionally or negligently killed Brown. The family could sue Wilson and city officials for economic damages, such as lost future income and funeral expenses, as well as punitive damages.

Although there were no criminal charges brought against Wilson, Brown’s family might have a better chance at succeeding in a civil lawsuit due to the lower burden of proof. In criminal court, a case must be proven beyond a reasonable doubt in order to validate a criminal conviction. In other words, there must be no reasonable doubt in the minds of reasonable persons that the defendant is guilty. Contrastingly, in a civil lawsuit the standard of proof is preponderance of the evidence. In this case, the Brown family would have to show that Wilson was more likely liable than not.

In the past, there have been cases similar to this, where a plaintiff’s family was successful in such suits. Most notably was the wrongful death lawsuit against former athlete O.J. Simpson. Although a jury acquitted Simpson of murder, a civil jury found him liable for wrongful death of his former wife and her friend and ordered Simpson to pay $33.5 million in damages to their families.

Although the aftermath of the criminal case is still being felt all over the country, it will be interesting to see how the civil lawsuit plays out once things settle down.

 

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Melissa Klafter has a JD from St. John’s University School of Law and plans to pursue a career in Personal Injury Law. You can find her binge-watching her favorite TV shows, rooting for the Wisconsin Badgers, and playing with her kitty, Phoebe. Contact Melissa at staff@LawStreetMedia.com.

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Ferguson Grand Jury’s Decision Not to Indict Wilson: Was It Right? https://legacy.lawstreetmedia.com/news/ferguson-grand-jurys-decision-not-indict-wilson-right/ https://legacy.lawstreetmedia.com/news/ferguson-grand-jurys-decision-not-indict-wilson-right/#respond Wed, 26 Nov 2014 19:38:05 +0000 http://lawstreetmedia.wpengine.com/?p=29447

The country reels from the grand jury decision.

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The entire nation is still reeling from the announcement on Monday night that Ferguson police officer Darren Wilson will not be indicted in the August 9, 2014 shooting of unarmed teenager Michael Brown. Now this has never been a simple case. Since Brown was shot, there have been protests, contentious police response to the protests, and national scrutiny. There have been conflicting statements from eyewitnesses, different forensic accounts, and I think it’s safe to say we’ll never be 100 percent sure what went down between Brown and Wilson.

People were mad when Wilson was not indicted, and understandably so. Of course, being indicted does not necessarily mean that Wilson did anything wrong. It means that the grand jury thought there was enough evidence for a jury of Wilson’s peers to decide whether or not he was guilty. They were not there to decide guilt or innocence–that’s what a jury trial itself is for. But the Ferguson grand jury did not have that evidence, so it did not make that decision.

A lot of people blamed the grand jury for not indicting Wilson, but I don’t–the jurors could only work with what was given to them. In fact, I think it’s more important to look at who gave them the evidence they would need, or lack thereof. Part of the idea of the grand jury is that it’s a testing ground for a prosecutor, but there’s also a lot of prosecutorial discretion. The prosecutor gets to present his case–what he would show in court to try to convict the defendant.

Now what prosecutor Robert McCulloch did sounded good to the untrained ear. He basically gave the grand jury all the evidence. All the conflicting reports, confusing facts, and messy evidence that has marked this case from the beginning. And he didn’t much appear to advocate for the indictment of Wilson. In fact, he seemed to emphasize the evidence that showed that Wilson was acting in self defense.

One legal analyst and trial lawyer, Lisa Bloom, argues that McCulloch basically used kid gloves with Wilson through a takedown of his presentation to the grand jury. You can read the entire thing here, and believe me, it’s a good read. But here are a couple of the most damning points she makes:

Bloom is basically arguing that McCulloch didn’t try very hard to provide a compelling case to indict Wilson, for whatever reason. And she’s not the only one. The National Bar Association made the following statement:

The National Bar Association is questioning how the Grand Jury, considering the evidence before them, could reach the conclusion that Darren Wilson should not be indicted and tried for the shooting death of Michael Brown. National Bar Association President Pamela J. Meanes expresses her sincere disappointment with the outcome of the Grand Jury’s decision but has made it abundantly clear that the National Bar Association stands firm and will be calling on the U.S. Department of Justice to pursue federal charges against officer Darren Wilson. “We will not rest until Michael Brown and his family has justice” states Pamela Meanes, President of the National Bar Association.

Cops rarely get prosecuted for shooting civilians, and part of that is because of the way that the law is written. Police officers are usually given the benefit of the doubt, and understandably so–a police officer wouldn’t be able to do his or her job if they weren’t able to protect themselves. But when and if there’s an incident where the officer may have acted illegally, they should be held accountable. I don’t know what happened in Ferguson. I have my ideas and my opinions, but at the end of the day I simply do not know. But I can’t imagine that a trial in which it all gets sorted out could have been a bad thing. It was up to the prosecutor to make his case, and he didn’t. That’s why there’s no trial.

What happened in Ferguson on that August day is not an isolated incident. It’s difficult to find actual numbers, but we know that since August 9, 2014 14 other teenagers–or children even younger–have been shot by police. Between 1999 and 2011, African Americans have comprised 26 percent of those shot by police, despite the fact that only 13.2 percent of our population is black. Black male teens are 21 times more likely than their white counterparts to be killed by cops. Some of those shootings may be legally justified, but I can’t imagine that every single one is.

This is a conversation that our legal system needs to have.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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KKK vs. Anonymous: Cyberwar Declared Over Ferguson Protests https://legacy.lawstreetmedia.com/news/kkk-vs-anonymous-cyberwar-declared-ferguson-protests/ https://legacy.lawstreetmedia.com/news/kkk-vs-anonymous-cyberwar-declared-ferguson-protests/#comments Fri, 21 Nov 2014 20:21:31 +0000 http://lawstreetmedia.wpengine.com/?p=29230

Anonymous and the Ku Klux Klan have engaged in an apparent all-out cyber war over the events in Ferguson, Missouri.

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The group of unnamed “hacktivists” Anonymous and the Ku Klux Klan have engaged in an apparent all-out cyber war over the events in Ferguson, Missouri over the last week. Anonymous apparently took control of the Klan Twitter account @KuKluxKlanUSA on Monday and seemingly still had control of it as of Friday. Anonymous also appears to have released a video on Tuesday launching a campaign called #OpKKK, or Operation KKK, threatening to take any content the KKK puts on the Web and to “dox” their members, meaning they would publish members’ personal information, including where they live.

Anonymous’s attacks are supposedly in response to threats from the KKK, well-known for being a hate group, in the St. Louis area against people protesting the death of Michael Brown and calling for the punishment of Ferguson police officer Darren Wilson. VICE News reports that the group distributed flyers on the streets and online the previous week addressing “terrorists masquerading as ‘peaceful protesters.’”

‘We will not sit by and allow you to harm our families, communities, property nor disrupt our daily lives. Your right to freedom of speech  does not give you the right to terrorize citizens,’ the flyer reads. ‘We will use lethal force as provided under Missouri Law to defend ourselves,’ it adds, citing Missouri’s version of a stand-your-ground law.

In Anonymous’s video response to the threats, a digitally altered voice explains why the hacker group chose to attack the Klan online. “We are not attacking you because of what you believe in as we fight for freedom of speech. We are attacking you because of what you did to our brothers and sisters at the Ferguson protest on the twelfth of November,” it says.

What followed were more suggestions of the cyber war spilling over into real violence. On Wednesday, another supposedly Anonymous-affiliated account posted an alleged message from Klan leader Frank Ancona encouraging members to ‘accidentally’ shoot any protesters wearing a Guy Fawkes mask, associated with the Anonymous movement.

‘It’s deer hunting season here in southern Missouri, it’s really easy to see how a hunter could mistake someone wearing one of those gay anonymous masks for the hind-end of a whitetail deer. Boom!!!! Oops, sorry it was an accident,’ the tweet reads.

While he didn’t explain why anyone would be deer hunting in the streets of the St. Louis metro area, Ancona seems to have confirmed the message in another statement attributed to him, RT reported. “You pathetic n***** lovers are going down, we’re NOT HIDING. WE’RE NOT ASHAMED OF WHO WE ARE AND WHAT WE REPRESENT. THE INVISIBLE EMPIRE CANNOT AND WILL NOT BE OVERTHROWN,” the message posted to Pastebin reads.

This isn’t Anonymous’s debut in Ferguson. Toward the beginning of the protests, when the identity of the officer who shot Brown was not known, Anonymous was on a campaign to release the names and information of various Ferguson police officers. In the process, a self-proclaimed member released what he or she claimed was the name of the shooting officer, Bryan Willman. Willman, a police dispatcher, was forced to shutter many of his online accounts, change his passwords, and stay in his house for six days, the New Yorker reported. It was only after this erroneous leak that the police department released the name of Officer Darren Wilson as the real shooter.

Despite the major mistake that may have endangered the life of an innocent police dispatcher, Anonymous has proven to be the real deal when it comes to hacking anything from police departments to hate groups.

Still, the authenticity of anything published in this apparent cyber war is difficult to verify for any news organization–a lot of the details of whose controlling these social media accounts is unknown. That’s because Anonymous actually is anonymous and is a loosely-associated network; almost anyone can claim to be a member. At the same time, the KKK seems to lack the technical know-how to give any sort of  coordinated response.

Zaid Shoorbajee
Zaid Shoorbajee is a an undergraduate student at The George Washington University majoring in journalism and economics. He is from the Washington, D.C. area and likes reading and writing about international affairs, politics, business and technology (especially when they intersect). Contact Zaid at staff@LawStreetMedia.com.

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Dr. Cornel West’s Religious Activism is Exactly What We Need in Ferguson https://legacy.lawstreetmedia.com/blogs/culture-blog/dr-cornel-west-religious-activism-exactly-what-we-need-in-ferguson/ https://legacy.lawstreetmedia.com/blogs/culture-blog/dr-cornel-west-religious-activism-exactly-what-we-need-in-ferguson/#comments Mon, 20 Oct 2014 10:33:57 +0000 http://lawstreetmedia.wpengine.com/?p=26837

Religious leaders are making their way to Ferguson.

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Image courtesy of [Bernd Schwabe via Wikipedia]

In Ferguson, Missouri, protests over police aggression continue two-and-a-half months after unarmed teenager Michael  Brown was shot and killed by police officer Darren Wilson. On Monday, October 13, Dr. Cornel West and other spiritual leaders were arrested. This came as no surprise to West; earlier during the protests he claimed “I came here to go to jail.” While this feels like a 1960s documentary on Martin Luther King, Jr., that spirit is exactly what is needed now. We should all take a page from West’s book and really see the police militarization and violence for what it is: a civil rights issue. Addressing it with a religious community the way leaders did a half century ago could help.

As a PBS special notes, West “is a highly regarded scholar of religion, philosophy, and African-American studies” and “an an intellectual provocateur outside of the academic world.” His combination of academia and activism, of scholarship and celebrity, profoundly impacts the different causes he joins or criticizes. As a renowned Black figure in America, West’s disappointment in President Obama has been especially jarring. Slate reported this summer that West said that Obama “posed as a progressive and turned out to be counterfeit. We ended up with a Wall Street presidency, a drone presidency, a national security presidency.” Such harsh criticism reveals the complex matrix of Obama’s approval in the Black community. That the criticism is newsworthy reveals the significance of West’s opinion in America.

The Guardian reports that the recent rally in Ferguson was meant to harken back to the Civil Rights movement, and West’s intent to be arrested solidifies that. Leaders of the Black Freedom movement frequently organized to fill the jails of segregationist towns and cities across the South. Faith played an important role. Religious networks enabled civil rights leaders to encourage and mobilize people in the fight against oppression. But in Ferguson it seems like fewer people are looking for religious guidance from faith authorities. According to the Guardian, St. Louis rapper and activist Tef Poe “took the microphone and noted that the Christian, Jewish and Muslim preachers on the stage were not the people on the street trying to protect people from the police.” The article suggests that the nonviolence espoused in the 50s and 60s may not carry as much weight as it used to.

I have already written on how an emphasis on community is significant for civil rights. It may be a loss, then, if Ferguson protesters reject any religion’s power to engage and empower a community. This isn’t to say that secularism should be removed from protest, but secular people should not dismiss religion’s ability to organize. How can religion, grounded in old beliefs and traditions, aid a progressive movement toward greater justice? West, part theologian and part activist, has an approach that helps bridge the gap that many may see between religion and social justice.

His conception of democracy includes “the prophetic commitment to justice, which is at the foundation of Judaism, Christianity and Islam, means we must fight the reasons for unjustified suffering and social misery,” as a biography on West notes. Bringing religiosity into the activist fold is important for the pressing civil rights problems of our time. As the Guardian article notes, many see this as a generational problem in which elders are being held back from action. Speaking as a young person who is largely not religious, young people who are seeking change need to respect the authority of American religiosity; we should note where democratic principles of social justice meet those of religion.

 

Jake Ephros
Jake Ephros is a native of Montclair, New Jersey where he volunteered for political campaigns from a young age. He studies Political Science, Economics, and Philosophy at American University and looks forward to a career built around political activism, through journalism, organizing, or the government. Contact Jake at staff@LawStreetMedia.com.

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Police Decisions Up for Debate in Today’s SCOTUS Case https://legacy.lawstreetmedia.com/news/police-decisions-debate-todays-scotus-case/ https://legacy.lawstreetmedia.com/news/police-decisions-debate-todays-scotus-case/#respond Mon, 06 Oct 2014 16:53:11 +0000 http://lawstreetmedia.wpengine.com/?p=26197

The Supreme Court has an exciting new term ahead of it, and today's case is no exception.

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Image courtesy of [Jason Rojas via Flickr]

The Supreme Court has an exciting new term ahead of it, and today’s case is no exception. This week the justices will hear arguments in Heien vs. North Carolina, a case that at its core poses one very simple question: should police officers be held to a higher standard? It’s a timely question, given the events of this summer, and one whose answer may hold some interesting ramifications.

In 2009, a man named Nicholas Heien was with another man who was driving his car in North Carolina when he was pulled over for having a busted tail light. Officers ended up searching the car — which belonged to Heien — and discovering a relatively substantial amount of cocaine. Heien was arrested and charged with drug trafficking.

Now under North Carolina law, if Heien was pulled over because he was breaking a law, and the subsequent search yielded the cocaine discovery, that would have been legal. The problem is that he wasn’t actually breaking a law when he was pulled over — technically, as long as you have one functioning tail light, you’re operating within the law in North Carolina. The officer who pulled him over was simply wrong about the law.

The Fourth Amendment reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fourth Amendment requires that searches are lawful — and there’s significant evidence to suggest that the search of Heien’s car was not. There needs to be reasonable suspicion that a law has been violated in order to conduct that search. A non-functioning brake light, which is not even illegal, is simply not enough.

Heien lost his original trial. He then won an appeals case, but lost in the North Carolina State Supreme Court. The case will now be making its way to the Supreme Court, which will have to figure out whether the North Carolina Supreme Court made the right decisions saying that Heien’s arrest was fair, even though the cop who pulled him over was ignorant of the laws in the state in which he worked.

The State Supreme Court held that requiring officers to be walking encyclopedias of the states’ laws is ridiculous and creates much higher standards than the Fourth Amendment mandates. But the dissenters pointed out that allowing that kind of subjectivity could create a sort of slippery slope. In the dissent, Justice Robin Hudson wrote:

The danger in adopting a new constitutional rule here is that this particular case seems so innocuous: Of course it is reasonable that an officer would pull over a vehicle for a malfunctioning brake light. But this new constitutional rule will also apply in the next case, when the officer acts based on a misreading of a less innocuous statute, or an incorrect memo or training program from the police department, or his or her previous law enforcement experience in a different state, or his or her belief in a nonexistent law.

Then there’s the context of this August to discuss. The events in Ferguson propelled a national dialogue, one that was opened by stop-and-frisk laws, militarization of our police departments, and dozens of other issues around the country about the power of our police departments. Obviously, none of these examples are about the same kind of issue — the cops in Heien’s case obviously did not shoot anyone. But it does hark back to that question: what leniency do we give to our cops?

In the United States, not knowing a law is no excuse for breaking it. Should not knowing it also be an excuse for incorrectly enforcing it? Now, that’s up to the Supreme Court to decide.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Currently there's a project on crowdfunding website Indiegogo called Sidekik. The idea of sidekik is based on the fact that many Americans have found themselves in situations where they are confronted by the police, or other security force, and may not know their rights. In such a situation, the Sidekik app can be used for a few different things. It will be able to audio and video record the interactions that the user has with the police, and then upload it to a server where it can't be deleted by just deleting the physical file off the phone. And it can connect the user, in real time, to an attorney who can help.

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Need a lawyer? Well soon, we may have an app for that.

Currently there’s a project on crowdfunding website Indiegogo called Sidekik. The idea of sidekik is based on the fact that many Americans have found themselves in situations where they are confronted by the police, or other security force, and may not know their rights. In such a situation, the Sidekik app can be used for a few different things. It will be able to audio and video record the interactions that the user has with the police, and then upload it to a server where it can’t be deleted by just deleting the physical file off the phone. And it can connect the user, in real time, to an attorney who can help. Here’s a more thorough explanation of the idea:

The idea hasn’t really taken off on Indiegogo — so far, just over $11,000 has been raised of the $250,000 that Sidekik estimates it will need to get off the ground. But according to the founders, that initial money is enough to start developing the preliminary stages of the app.

I think the idea, at its core, is an interesting one. I do agree with the founders that most average Americans don’t necessarily know their rights, although if you’re curious, this guide on what to do if you’re pulled over by Lawstreeter Marisa Mostek is an excellent resource. Given the debates the nation has been having about police militarization and fairness, the Sidekik app could play an interesting part in ensuring that civil rights violations are avoided. I highly doubt that an app like this would have saved Michael Brown in Ferguson, but I could see it preventing some more minor civil rights issues.

There are some serious logistical issues though that need to be worked out when it comes to contacting attorneys. Presumably, you only have a few seconds between being pulled over and the cop walking up to your window. There’s no real time to tell your mobile attorney what’s going on, which will probably make it difficult for the attorney to be of real help.

Sidekik is also built on the fact that it will be in contact with attorneys within the jurisdiction where the user is interacting with the police, and be able to send the calls to those attorneys. It’s assumed that attorneys will pick up because of the desirability of client leads. I think that’s a great idea — during normal business hours. But what if you get pulled over at 2:00am? Will Sidekik be able to find a lawyer for you then? It’s certainly a tough guarantee to make, when it involves outsourcing to third parties.

Issues with the “contact an attorney wherever” logistics aside, the recording and uploading to a remote server is a decent idea. It will certainly allow you to chronicle your interactions with the police officer and ensure that the file can’t be deleted permanently if the phone is confiscated or destroyed. There are other apps that do the same thing, but maybe Sidekik will be able to make itself the go-to authority on secure recording.

I have no idea if this app will take off, but I think what it says about the state of American police is significantly more interesting than the app itself. We’re increasingly mistrustful of our police forces, and with more stories coming out every day, the paranoia is understandable. An app that’s based on the presumption that an officer is going to try to trick you or impede your civil rights is concerning. Whether or not Sidekik ends up being successful, it’s an interesting look into our national state of mind.

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Jason Weaver via Flickr]

 

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Race Double Standards – It’s the American Way https://legacy.lawstreetmedia.com/blogs/culture-blog/race-double-standards-its-the-american-way/ https://legacy.lawstreetmedia.com/blogs/culture-blog/race-double-standards-its-the-american-way/#comments Wed, 27 Aug 2014 17:12:34 +0000 http://lawstreetmedia.wpengine.com/?p=23462

We've all seen the news coverage about the Michael Brown shooting in Ferguson, Missouri. Not just the shooting, but also the aftermath that has turned a tiny town into a rioting disaster. Just in case you didn't hear, Michael Brown was a young black man who was shot several times and killed on August 9 by a white police officer. But did you hear about the young man in Utah who was also shot and killed by a police officer? No? I'm not surprised. Twenty-year-old Dillon Taylor was shot to death by a black police officer two days after Michael Brown.

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Hey y’all!

We’ve all seen the news coverage about the Michael Brown shooting in Ferguson, Missouri. Not just the shooting, but also the aftermath that has turned a tiny town into a rioting disaster. Just in case you didn’t hear, Michael Brown was a young black man who was shot several times and killed on August 9 by a white police officer. But did you hear about the young man in Utah who was also shot and killed by a police officer? No? I’m not surprised. Twenty-year-old Dillon Taylor was shot to death by a black police officer two days after Michael Brown.

Where is the outcry filled with blinding rage in Utah that has filled the streets of Ferguson? Why have there been no reports of Dillon Taylor’s death, except a few small pieces found here and there on random news sites? No mention on CNN, MSNBC, or any well known 24-hour news station.

Dillon Taylor, described as white and Hispanic, was shot right outside of a 7-11 on August 11 by a black police officer. I hate to quote Rush Limbaugh because I’m not a huge fan of his, but he said it best on his radio show: “In the current climate in the United States, a black person can never be the oppressor, and a white person can never be a victim.” Truer words have never been spoken. I realize that history has shown that white people oppressed blacks and other races. But the same has happened to whites, obviously not in the same way and not as widely remembered, but everyone has been oppressed in some way at some point in history. Why is the life of this young black man more important the life of a young white and Hispanic man?

The biggest point I want to make is that both of these young men should have the same amount of coverage, but they don’t and it is all based on race double standards. If you take a step back and look at the context of both of these shootings you would realize that there is no real difference except the color of their skin and that of the police officers. When will people stop and think about the bigger picture, not everything should be about color. It is about right and wrong. And for that matter we don’t even know who is right and wrong until all of the facts are released and the police officers who did the shootings have been investigated.

Allison Dawson (@AllyD528) Born in Germany, raised in Mississippi and Texas. Graduate of Texas Tech University and Arizona State University. Currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative.

Featured image courtesy of [DonkeyHotey via Flickr]

Allison Dawson
Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

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Crime of Power: Treating the Problem in Ferguson and Ignoring the Cause https://legacy.lawstreetmedia.com/blogs/crime/crime-power-treating-problem-ferguson-ignoring-cause/ https://legacy.lawstreetmedia.com/blogs/crime/crime-power-treating-problem-ferguson-ignoring-cause/#comments Mon, 25 Aug 2014 10:31:57 +0000 http://lawstreetmedia.wpengine.com/?p=23322

In the aftermath of the shooting in Ferguson, Missouri and the controversy over the way in which the police department has dealt with the backlash, accusations of officials on a ‘power trip’ are incredibly poignant. According to Ferguson residents interviewed by CNN, “there’s been friction for years with the overwhelmingly white police department.” This statement is made […]

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In the aftermath of the shooting in Ferguson, Missouri and the controversy over the way in which the police department has dealt with the backlash, accusations of officials on a ‘power trip’ are incredibly poignant. According to Ferguson residents interviewed by CNN, “there’s been friction for years with the overwhelmingly white police department.” This statement is made by both African-American and white members of the community.

In the predominantly African-American town, these individuals are highly over-represented in crime statistics. ‘They accounted for 93 percent of arrests after traffic stops, 92 percent of searches and 86 percent of traffic stops.’ Although it is frankly impossible to hide from the racially discriminatory acts that are taking place, I ask why it has taken such a tragic event to acknowledge such wrongdoing? This idea that power can influence the way people act is not uncommon. Social experiments like the infamous Stanford Prison Experiment, the soldiers involved in the leaking of the Abu Ghraib photos, and the recent controversies surrounding the invisible war of sexual assault in the military, are just some examples of how power has an effect on producing and allowing crime to occur.

It is time we stop allowing justifications and rationalizations as reasons why individuals feel they can abuse their power. We blame the police officers for abusing their power with excessive force, but what about those in the riots who took advantage of a tragic situation by looting businesses? What about the thousands of individuals who took to Twitter to verbally abuse and criticize individuals because of their race, or because of their involvement in the incident? To say the issue is the hypocrisy of a country built upon equality and democracy is treating the problem, but ignoring those actions that make us revert back to the Civil Rights era, and back to an age when segregation was mandatory, which is the cause.

In the 21st century we have produced a generation so involved in the use of social media to express their opinions, and so involved in the right to voice our opinions, that we are in a sense our own worst enemies. Instead of working alongside law enforcement to protect our country, we are rebelling; instead of fighting the war against racial discrimination, we are fueling it; instead of maintaining the right to have privacy, we are highlighting more reasons to invade it. One of the first pictures of the fatally shot Michael Brown was posted to Twitter by a bystander before any official evidence was given to the police.

In the aftermath of Ferguson, it was announced that “police departments and their equipment suppliers are outfitting their officers with on-body cameras that promise to eliminate the photographic void we saw in Ferguson.” These cameras will be worn by officers during their shifts and will record all of their encounters with any member of the public they interact with. These videos at the end of each shift are then placed in a vault online, where they will only be examined during legal proceedings.

I don’t know about you, but I interact with police officers daily during my lunch break. I am 90 percent sure it is to do with my British accent and their boredom, but I still don’t know how comfortable I would feel knowing they may have a camera turned on recording me buying my lunch. What about those days that I decide it’s a good idea to buy bars of chocolate and bags of chips, if anything they are uncovering my unhealthy habits!

As expected with any new regulation, there are no national regulations on how the cameras will be used, or when they will be turned on and off. This is precisely one of the main problems with treating the problem and ignoring the cause. How to you trust an officer is going to keep the camera on for the duration of his shift? How do you rely on technology to take away the ‘power trip’ mentality? The answer: you cannot.

What makes this whole argument over the abuse of power even more valid is the corruption of relationships within the police force. There needs to be some kind of a change to monitor the performance of corrupt officials to ensure that the public can trust in those who are meant to protect them. The backlash from the community in Ferguson has come about from years of distrust in their law enforcement as protectors, and adding video cameras to police officers’ chests is not going to change that.

Hannah Kaye (@HannahSKaye) is originally from London, now living in New York. Recently graduated with an MA in criminal justice from John Jay College. Strong contenders for things she is most passionate about are bagels and cupcakes.

Featured image courtesy of [Matt Katzenberger via Flickr]

Hannah Kaye
Hannah Kaye is originally from London, now living in New York. Recently graduated with an MA in criminal justice from John Jay College. Strong contenders for things she is most passionate about are bagels and cupcakes. Contact Hannah at staff@LawStreetMedia.com.

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Teens Invent New App to Track Community Interactions With Police https://legacy.lawstreetmedia.com/news/teens-invent-new-app-track-community-interactions-with-police/ https://legacy.lawstreetmedia.com/news/teens-invent-new-app-track-community-interactions-with-police/#comments Wed, 20 Aug 2014 20:18:36 +0000 http://lawstreetmedia.wpengine.com/?p=23162

We have an app for everything now.

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Image courtesy of [Elvert Barnes via Flickr]

We have apps for everything, especially for ranking things. If I want to know what a particular restaurant is like, I can use Yelp. If I need to hire a contractor (someday), I can use Angie’s List. Websites that help people share advice and feedback about doctors even exists in Healthgrades. When I was in college, I would look at my professors on Ratemyprofessor.com. At any given point, I can see rankings on pretty much anything I want, so it make sense that we’d be able to rank our civil servants as well. That was exactly the thought behind Five-O, a new app to rank cops created by teens.

Five-O was created by Ima, Asha, and Caleb Christian, three siblings who live outside of Atlanta. They wanted to provide a Yelp-like service for people who interact with members of the police force. This is how it works:

After interacting with a cop, users open the app and fill out a Yelp-like form on which they can grade the officer’s courtesy from A to F, check a box if they were verbally or physically abused, and add details about the incident. They can view ratings on other cops and police departments across the country, participate in community forums, and check out a Q&A titled “Know Your Rights.”

The Christians got the idea in light of incidences like Michael Brown’s death. They wanted to prevent tragedies like that from happening again by providing more information to the public.

The premise does seem a bit weird, I know. Services like Yelp, Angie’s List, or Healthgrades all provide rankings for industries that do allow consumer choice. If you don’t want to go back to a restaurant or doctor, you can choose to vote with your feet and walk away. The same isn’t true with cops — you don’t get to choose which officer pulls you over.

The app is important, however, for a different reason: accountability. In light of the horrifying events occurring in Ferguson, Missouri over the last few weeks, there are a lot of conversations floating around about accountability for cops. Some have suggested requiring cops to wear cameras would be make them more accountable for brutality and militarization.

Five-O would do something similar — it would allow the community to create and share information about their interactions with the police force. In towns where the police force has begun wearing cameras, interactions that led to complaints have gone down. In Rialto, California, cops have been wearing body cameras since 2012. After just one year wearing the cameras, complaints have gone down by almost 90 percent, and use-of-force incidents fell by 58 percent; however, those cameras can be very pricey. While the cheapest version of the software is about $40 per month per user, the app is a less invasive, and cheaper, way to provide some form of accountability.

Of course, the Five-O is significantly more subjective than a camera would be. If users are reporting their interactions, it’s possible that people will report inaccurately. But since incidents reported to the app don’t have any official status, hopefully no cops will be falsely accused.

The Christians say it’s not just about accountability, but it will also provide a way to thank and recognize police officers who do a good job. In general, it will provide a better way for communities to interact with each other about the police force. As the protests in Ferguson wage on and there’s a greater American conversation about cops and accountability, Five-O could prove to be an excellent idea to measure community interactions with police.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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#Ferguson: How Social Media Kept America Informed https://legacy.lawstreetmedia.com/blogs/technology-blog/ferguson-social-media-kept-america-informed/ https://legacy.lawstreetmedia.com/blogs/technology-blog/ferguson-social-media-kept-america-informed/#comments Fri, 15 Aug 2014 19:05:32 +0000 http://lawstreetmedia.wpengine.com/?p=23007

Writing about technology and its many uses has never been more important to me than today.

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Image courtesy of [Light Brigading via Flickr]

Writing about technology and its many uses has never been more important to me than today.  The civil disobedience, sadness, and anger expressed in Ferguson, Missouri by its residents and sympathizers would most likely have gone unnoticed by the majority of the nation if it weren’t for social media outlets like Youtube, Twitter, Vine, and Facebook.  To attribute the proper value to these technologies, we must first identify the root cause of the demonstrations which have led to a militarized police force and the enforcement of pseudo-martial law.  This post in no way condones, encourages, or repudiates any of the methods used by law enforcement or protesters, nor does it seek to pass judgment on the incomplete police investigation concerning the death of Michael Brown.  Instead, this post will point out what has happened, and highlight the use of technology to keep the public informed when formal media outlets were unable to.

On August 9th, a recent high school graduate and prospective college student by the name of Michael Brown was killed by a member of the Ferguson Police Department.  There is much speculation surrounding the death, including the order of events leading to it.  Because an official investigation is ongoing, the only thing we know for certain is that Michael Brown, although unarmed, was shot and killed by a Ferguson Police officer.  The people of Ferguson, left heartbroken and mourning, decided to commemorate Michael’s death with a candlelight vigil in the same neighborhood where Mr. Brown was killed.  However, the Ferguson police made an appearance at the vigil, bringing with them police dogs and brandishing high powered assault weapons. In response, the crowds’ emotions turned from grief, to outrage, and escalated to protest as documented by Vine and Youtube uploads as well as Tweets and Facebook posts.

In the midst of the protests, a handful of opportunists taking advantage of high emotions and tension destroyed the property of privately owned businesses by looting, vandalizing, and setting said businesses on fire.  This small group of criminals turned a peaceful protest into a riot, causing the St. Louis County Police Department to take over law enforcement in the area by using a strategy of militarized policing.  Characterizing the entire group of protesters as looters and rioters led to the denigration of the entire protest. This allowed the looters to become scapegoats, which subsequently justified militarized police aggression.  The denigration of a group of people and scapegoating resulting in justified aggression are all characteristic of systemic oppression.

Whether knowingly or unknowingly, St. Louis County PD increased tension when it informed Ferguson residents that neither the autopsy nor the identity of the officer involved in the killing of Michael Brown, would be released to the public.  As protests continued, the peaceful crowds were met with heavily armored trucks and tanks, high powered assault rifles, snipers perched ready and waiting, tear gas, and rubber bullets. The protesters were told by police standing in front of tanks and using loudspeakers, that their right to peacefully assemble was not being denied.  Although a curfew was not set, police made it clear that they wanted protesters off of the streets by nightfall and used tear gas and rubber bullets to push non-compliant protesters back. In some cases, as documented by Vine videos, police shot tear gas canisters into residential areas, including the fenced in backyard of a protester that refused to go inside his home, although he was protesting on his own property.

Police detained journalists and shot tear gas at a news crew they saw filming them.  After the news crew ran away from their van and equipment to escape the tear gas, police were photographed removing their cameras and pointing them toward the ground so they could no longer record police activity.  This is where the pseudo-martial law comes into play. To be clear, martial law was at no time officially declared, but if it looks like a duck and quacks like a duck, then it’s a duck. Disallowing the press to report activity; intimidating protesters with visuals of military-like riot gear; requiring protesters that are peacefully assembling to return to their homes by nightfall; detaining reporters without cause; and the use of militarized police enforcement are all characteristics of martial law.

The use of militarized law enforcement has been noted and called into question by government officials on both sides of the political spectrum.  Outrage by people following the activity in Ferguson on social media forums was voiced both nationally and internationally.  Photos, Vine and Youtube videos, as well as tweets and Facebook posts were the source of the outrage that led to protests in major cities throughout the country and internationally in cities like London.  There was even advice given in the form of Youtube videos to protesters in Ferguson by Palestinians on how to stay protected from tear gas.  As a result of public backlash against militarized policing, the Governor of Missouri, Mr. Jay Nixon, announced that Missouri Highway Patrol would take over law enforcement in Ferguson, and try to set a different tone.

The tone set by Missouri Highway Patrol was one of peace and understanding. Captain Ronald Johnson described his personal connection to not only Ferguson but to the killing of Michael Brown. The change in police technique was noted by formal media outlets as well as social media postings which reported MHP officers walking with protesters instead of standing against them. These officers were not dressed in riot gear nor did they use methods such as tear gas or rubber bullets in their interactions with Ferguson protesters.  In addition, the Ferguson Police Chief has announced they will comply with one of the requests of the protesters, to release the identity of the police officer who shot Michael Brown. That identity was released earlier today.

Not only did social media keep the public informed of minute by minute occurrences in Ferguson, but social media users also pointed out what they believed to be disparities in formal media coverage with hashtags on Twitter and Instagram like #IfIWasGunnedDown.  This particular hashtag was used to show ways in which news coverage portrays black victims by displaying unflattering images as opposed to more positive looking images to influence character assassination of the victims.  Other hashtags like #Ferguson were used to allow social media users to quickly find information related to the Ferguson protests.  While social media is an amazing platform that can be used to inform the public, it also showed differing public opinions.  Some users voiced support for the use of military-like force against protesters and used the incident of looting as evidence for its need.  Others voiced disapproval that such force was being used and accused militarized police enforcement of inciting more anger among peaceful protesters.

It’s unclear what will happen in Ferguson but it should be appreciated that people were able to inform the public, voice their opinions, and urge a public discussion on topics such as race relations, militarized policing, civil liberties, police brutality, and what people consider to be justice or injustice.  Social media opened up the problems of a town with a population of 21,000 to the world, causing people to come together in solidarity and peaceful protest.  If it weren’t for the openness of the Internet here in the US, we may have never known what was happening in Ferguson.  Whether you agree or disagree with what is going on in Ferguson, we can all take heart in knowing we were all able to use social media and technology to be informed and come to our own conclusions.

Teerah Goodrum
Teerah Goodrum is a Graduate of Howard University with a Masters degree in Public Administration and Public Policy. Her time on Capitol Hill as a Science and Technology Legislative Assistant has given her insight into the tech community. In her spare time she enjoys visiting her favorite city, Seattle, and playing fantasy football. Contact Teerah at staff@LawStreetMedia.com.

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Michael Brown’s Death Sparked a National Dialogue https://legacy.lawstreetmedia.com/news/michael-browns-death-sparked-national-dialogue/ https://legacy.lawstreetmedia.com/news/michael-browns-death-sparked-national-dialogue/#comments Fri, 15 Aug 2014 16:20:18 +0000 http://lawstreetmedia.wpengine.com/?p=23013

Michael Brown, an unarmed 18-year-old, was shot and killed by police last weekend in Ferguson, Missouri.

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Image Courtesy of [Gerald Byrnes via Flickr]

Michael Brown, an unarmed 18-year-old, was shot and killed by police last weekend in Ferguson, Missouri. He was supposed to start college this week. The incident sparked days of protest in the town, and showed a growing divide between law enforcement and citizens. The police originally said that prior to being killed, Brown tried to take the officer’s gun. A witness to the crime, Brown’s friend, said the boy’s hands were up and it was clear he was trying to cooperate. Now law enforcement claims that he was involved in a strong-arm robbery prior to the shooting. The story is unclear, muddled, and deeply problematic.

Incidents like this are not uncommon. Some have drawn parallels to the killing of Trayvon Martin and Eric Garner. And like those incidents, Michael Brown’s killing got big, quickly.

Social media, especially Twitter, exploded with hashtags, pictures, and stories of other similar situations. Michael Brown’s story didn’t stay in Ferguson for too long. In a matter of hours, it was all over the country. What started as raging fire on social media turned into protests and riots in Ferguson. Police responded quickly, and situation has continued to escalate. Many have called for the name of the police officer who killed Brown to be released, and despite the fact that the name has now been released, there are still more questions than answers.

And people besides social media activists and residents of the town have taken notice. Missouri’s Governor made a statement, The FBI announced it would conduct an investigation of the incident, and both President Obama and Attorney General Eric Holder have made statements.

But much of the rhetoric surrounding this event has been about the bigger issue at hand here. While the death of Michael Brown is a tragedy in itself, the nation-wide dialogue has been focused on the killings and discrimination by police of young black men. Ferguson is a small town, and two thirds of its residents are black. But on the police force, there are 50 white officers, but only three black ones. Situations like this are repeated in towns around the country.

Many point to what happened in Ferguson as a microcosm of what is happening in the rest of America. And through social media, there has been increased awareness on the issues–both in Ferguson, and beyond. One of the biggest hashtags to come out of the incident was #IfIWasGunnedDown. People posted two pictures of themselves–one in a very flattering light, and one in a light in which they thought the media would portray them should they be killed.

Another picture that went viral was from students of Howard University. Thousands gathered and stood with the same pose–hands in the air–and Tweeted the picture out. In a matter of hours, it had thousands of favorites and re-tweets.

And though the narrative has been similar for some time now, with many young people taking part in the conversation, it seems that more and more leaders on the national level are taking notice and getting involved. Not only are they discussing this specific instance of violence, but the larger, deeply rooted problems in American society. Obama discussed transparency in local police departments. Nancy Pelosi made a statement imploring the Justice Department to investigate Brown’s death. And Rand Paul wrote in Time about a “systematic problem with today’s law enforcement.”

It remains unclear what will happen as a result of Michael Brown’s death. And there is absolutely no way to know whether the calls for change in the justice system, police force, and overall mentality in America will come to fruition. But with these all too common events going viral more often, it may just be a matter of time until something substantive comes as a result of these tragic losses.

[Huffington Post] [Huffington Post] [Holder Statement] [Pelosi Statement] [Howard Picture]

 

 

Molly Hogan
Molly Hogan is a student at The George Washington University and formerly an intern at Law Street Media. Contact Molly at staff@LawStreetMedia.com.

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We Should All be Upset About What’s Going on in Ferguson: Here’s Why https://legacy.lawstreetmedia.com/blogs/ferguson-missouri-perfect-storm/ https://legacy.lawstreetmedia.com/blogs/ferguson-missouri-perfect-storm/#comments Thu, 14 Aug 2014 17:38:07 +0000 http://lawstreetmedia.wpengine.com/?p=22956

Before this week, I had never heard of Ferguson, Missouri.

The post We Should All be Upset About What’s Going on in Ferguson: Here’s Why appeared first on Law Street.

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Image courtesy of [Elvert Barnes via Flickr]

Before this week, I had never heard of Ferguson, Missouri. It’s a relatively small city–it has a population of about 21,000. But after the events of the last few nights, it’s pretty much the only thing anyone can talk about. It all started when a young black man named Michael Brown was shot and killed by a police officer. Apparently the officer had started shooting at them for some unknown reason, the two young men had run in panic, and then while trying to explain their status to the cop, Brown was shot. According to Dorian Johnson, a friend of Brown who was with him during the shooting, Brown tried to notify the officer that he was unarmed just before he was shot. Johnson claims he never once heard the officer tell them to stop, freeze, or anything of the sort. Bystanders corroborated Johnson’s claims, saying that Brown had his hands up, in a form of surrender, when he was shot.

The people of Ferguson are fed up, and they want answers. There’s a lot going on, but here are the top three things you need to know about what’s happening in Ferguson, and why they should be upsetting all of us.

Police Militarization 

The issue of police militarization is one that’s kind of flown under the radar, but it’s time we start talking about it. If you’re interested in the topic, we did an in-depth look in two parts: here and here. Here are the spark notes though–the 1997 National Defense Authorization Act included a program called “1033” which authorized the donation of extra military equipment to local police departments. The argument is that the police need these weapons because the citizens that they are supposed to deal with have access to increasingly more dangerous arms. Police are being trained and armed like soldiers to deal with their own citizens. Among the police departments enrolled in this program is the Ferguson Police Department. There’s a line between providing better technology to our officers, and creating military culture within our local police forces. The Ferguson police just showed us how shaky that line is.

Race Relations in Ferguson

Michael Brown was a young black man. At the risk of oversimplifying a very, very complicated issue, there is a storied history of race relations in Ferguson. Ferguson is 65 percent African-American, but the police force of 53 contains only three black officers. Elijah Anderson of the Washington Post points out that this phenomenon is by no means uncommon:

Ferguson’s story isn’t uncommon in the United States. Authorities often see fit to heavily police towns with growing black and poor populations, to surveil them, and occasionally to harass them in the name of a “broken windows theory” of policing, banking on such methods to control crime. 

Anderson explains how this theory goes on to breed resentment, and mistrust between communities and the police officers that are supposed to protect them. He cites a report from the Center for Constitutional Rights that found that,

Blacks and Latinos are treated more harshly than whites, being more likely to be arrested instead of given a summons when compared to white people accused of the same crimes, and are also more likely to have force used against them by police.

The issue of race and policing deserves a lot more than the sparse few hundred words I’m able to write in this article. My point though is this: this isn’t just a problem in one small town in Missouri–this is a systemic issue that can be seen all around the country. Ferguson may be the tip of the iceberg, but it’s a huge iceberg that we need to start thawing. Giving the police stronger firepower, using broken windows policing, and shooting young unarmed men cannot be the answer anymore, and Ferguson is proving that.

First Amendment Rights

There have been multiple incredibly concerning First Amendment rights issues happening in Ferguson since the protests began. At one point the airspace above Ferguson was restricted–while authorities claimed that it was to protect the protesters and police; journalists wondered if it was to prevent aerial shots of the protests. At one point yesterday, an Al-Jazeera America team was tear-gassed, and a St. Louis Alderman was arrested.

Things really came to a head last night though–two rather prominent journalists were arrested for being in a McDonalds. Wesley Lowery of the Washington Post, and Ryan Reilly of the Huffington Post were in a McDonalds charging their phones, when they were approached and told to move along. They had been taking pictures of the cops who had walked into the McDonalds, a pretty normal journalistic move. They were packing up their belongings, but apparently not quickly enough, because they were arrested, and assaulted. The police refused to tell them why they were arrested, or give them any other information.

Here’s a disturbing video of Lowery’s arrest:

Reilly after the fact pointed out:

I’m fine. But if this is the way these officers treat a white reporter working on a laptop who moved a little too slowly for their liking, I can’t imagine how horribly they treat others. And if anyone thinks that the militarization of our police force isn’t a huge issue in this country, I’ve got a story to tell you.

In some ways, the most horrifying part of the story wasn’t that Reilly and Lowery were arrested, it was the way that the police responded to the news that they had just arrested two reporters. Matt Pierce, an LA Times Reporter tweeted:

That’s pretty disturbing. The police chief didn’t care that he arrested two innocent men. He cared that arrested two journalists. His statements indicate that had they just been two men sitting there charging their phones and working on their laptops, it would have been ok that they were detained and assaulted for no good reason. The police chief isn’t sorry that he arrested those men, he’s sorry that he got caught.

I believe strongly in freedom of the press–so what happens in Ferguson worries me deeply. Because here’s the thing, the other two topics I wrote about above–police militarization and race relations–are so much more important than the fact that reporters got arrested. The national discussion should focus on those topics until we’re blue and the face and we hopefully have some sort of solution. But when journalists aren’t allowed to cover what’s happening, and we have to have side discussions about the freedoms that so many of us take for granted, we get derailed. And that’s a big problem.

This is a perfect storm of police militarization, race relations coming to a head, and freedoms being revoked willy-nilly. I’m not going to pretend that I’m on the ground there, or that I have the full story, or even any of the answers, but as an observer I’m outraged. And readers, I hope you are too. Because unless we all stand together to say what is happening in Ferguson is plain wrong, we’re headed down a dangerous path.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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