Topic: Law and Civil Liberties

Uber Driver with Concealed Handgun Prevents Mass Shooting in Chicago

A driver with the ridesharing company Uber put a stop to a potential mass shooting in Chicago over the weekend.

According to the Chicago Tribune:

A group of people had been walking in front of the driver around 11:50 p.m. in the 2900 block of North Milwaukee Avenue when Everardo Custodio, 22, began firing into the crowd, Quinn said.

The driver pulled out a handgun and fired six shots at Custodio, hitting him several times, according to court records.  Responding officers found Custodio lying on the ground, bleeding, Quinn said.  No other injuries were reported.

The driver will not be charged:

The driver had a concealed-carry permit and acted in the defense of himself and others, Assistant State’s Attorney Barry Quinn said in court Sunday.

Chicago was home to some of the most draconian gun laws in America until a 2010 Supreme Court ruling, McDonald v. Chicago, found Chicago’s gun regulation regime unconstitutional. That ruling applied the Court’s previous landmark 2nd Amendment ruling, District of Columbia v. Heller, to state governments. While those rulings dealt with the right to bear arms for self-defense in the home, some circuit courts (including the 7th Circuit, which governs in Chicago) have extended the Heller/McDonald logic to certain public places as well as the home.

NYT on the Child Support-Jail Cycle

For 25 years the campaign against “deadbeat dads” has nestled at that political sweet spot where conservatives, women’s advocates and budget hawks could all join in one accord. But what happens when the dads don’t have the money? Following the shooting death of Walter Scott in South Carolina, whose reasons for fleeing police at a traffic stop may have included an outstanding warrant for $18,000 in child support, interest and penalties, the New York Times investigates:

“Every job he has had, he has gotten fired from because he went to jail because he was locked up for child support,” said Mr. [Rodney] Scott, whose brother was working as a forklift operator when he died. “He got to the point where he felt like it defeated the purpose.”

One problem is that many of the techniques used to pressure fathers to pay support – including seizing bank accounts, “suspending driver’s licenses and professional licenses,” and jail terms even when brief – is that they tend to make it harder for the targets to resume earning wages in the aboveground economy. Lockups are themselves common: “in 2009, a survey in South Carolina found that one in eight inmates had been jailed for failure to pay child support. In Georgia, 3,500 parents were jailed in 2010.”

Whatever the pluses and minuses of such methods when aimed at the sorts of dads who have lawyers on retainer and access to offshore accounts, much of the laws’ punitive edge falls on those whose ability to pay is often notional at best:  

A 2007 Urban Institute study of child support debt in nine large states found that 70 percent of the arrears were owed by people who reported less than $10,000 a year in income. They were expected to pay, on average, 83 percent of their income in child support — a percentage that declined precipitously in higher income brackets.

In welcome if belated coverage, the Times and other press outlets have lately been documenting some of the ways in which low-level law-enforcement can snowball into life-changing consequences for those caught up in the system; last week, the paper documented how drivers’ license suspensions push many people who owe court debts further under water. Inevitably, some reformers on the legal Left wish to address these problems by adding new layers of government endeavor, such as new squadrons of tax-paid civil defense lawyers to fight child support and court-fine cases on behalf of debtors. Libertarians tend to ask more radical questions about whether government already tries to do too much – whether, for example, it makes sense to cross-criminalize between debt offenses and licensing, and whether an 83 percent marginal “tax” rate is likely to work out any better for low earners than it does for high ones. Isn’t it time the political class began catching up with these debates? 

The “Language of Privacy” Is Doing Well in Police Body Camera Discussions

In David Brooks’ latest New York Times column he explains that he is now a proponent of police body cameras, but adds that he did not come to his position “happily.” According to Brooks, the debate over police body cameras has revealed that an increasing number of people have lost “the language of privacy” and “an understanding of why privacy is important.”

It’s refreshing to read that Brooks does have concerns related to privacy. After all, Brooks said last June that the NSA’s snooping isn’t “particularly intrusive.”  But the rise of police body cameras is prompting a sensible conversation about privacy and why it is important.

Given the nature of their work, police officers regularly witness members of the public experience tragic and embarrassing moments, many times on private property. Police officers are often among the first at the scene of auto accidents or other life-threatening emergencies. They also talk to informants as well as victims of sexual and domestic abuse. In addition to sometimes entering private homes, police officers also occasionally visit hospitals and schools.

Brooks discusses some of the legitimate privacy concerns these kind of situations raise towards the end of his column:

When a police officer comes into your home wearing a camera, he’s trampling on the privacy that makes a home a home. He’s recording people on what could be the worst day of their lives, and inhibiting their ability to lean on the officer for care and support.

Cop-cams insult individual dignity because the embarrassing things recorded by them will inevitably get swapped around. The videos of the naked crime victim, the berserk drunk, the screaming maniac will inevitably get posted online — as they are already. With each leak, culture gets a little coarser. The rules designed to keep the videos out of public view will inevitably be eroded and bent.

Even the most committed advocate of police transparency and accountability must concede that the unedited release of all police body camera footage could lead to devastating infringements on a citizens’ privacy and potentially compromise ongoing investigations. A sensible police body camera policy will exempt some footage from public release. If a police officer arrives at the scene of a fatal auto accident, interviews a young victim of sexual assault, or gives a presentation in an elementary school there are serious privacy concerns that police body camera policies ought to address.

Conrad Black on American Criminal Justice

Conrad Black, writing at National Review Online, blasts the “plague of unjust prosecutions” in the American legal system.

Here is an excerpt: 

Another disturbing recent development in the saga of gonzo American prosecutors is New York State attorney general Eric Schneiderman’s prosecution of the Evans Bank for violating consumer-protection regulations by not adequately making loans available in lower-income, largely minority, areas of Buffalo. These laws are sloppily written and are just pandering to specific income-level and ethnic voters, and enable opportunistic prosecutors to intensify their campaigns for higher office by pandering to targeted voting blocs and trying to superimpose affirmative action over commercial criteria on how banks treat their depositors’ and shareholders’ money. A competing bank chairman, not involved in any such case, Frank Hamlin of Canandaigua National Bank, wrote last month in a letter to his shareholders that he was “extremely suspicious of the arbitrary and capricious manner in which [prosecutors] are abusing the legal system in order to further their own political and economic interests.” Of the prosecution of Evans and another bank, he wrote that “the regulations are vague on explaining what conduct is actually prohibited. The media, of course, does the people no service by merely assuming these prosecutions are based in sound legal theory and fact … [unaware that the] legal system has mutated its focus from time-honored legal principle and justice to efficiency and political expediency… . The reason that 98 percent of prosecutions are settled and not taken to trial … has to do with a fundamental and reasonable lack of faith that our legal system is working properly.” It is a brave stand for a community banker to take opposite an attorney general who seeks votes by abusive grandstanding in the Spitzer-Cuomo tradition (that propelled both of them to the governor’s chair)….  The United States is afflicted by a plague of unjust prosecutions, almost automatic convictions, and often one-way tickets to a bloated, corrupt, and frequently barbarous correctional system. This is not what the founders and guardians of the sweet land of liberty intended.
 
Read the whole thing.
 
For related Cato work, go here and here.
 

Former NYPD Commissioner Changes Position on Body Cameras after Walter Scott Shooting

Yesterday, former NYPD commissioner Ray Kelly appeared on ABC News’ This Week and said that the recent Walter Scott shooting had reversed his opinion on police body cameras. Kelly, a former body-camera skeptic, said, “We have to assume that this officer would not act the way he did if in fact he had a body camera that was recording.”

Last week, I discussed what might have happened if Michael Slager, the now-former North Charleston police officer who shot and killed Walter Scott, had been wearing a body camera. I mentioned that it is hard to imagine Slager behaving the way he did if he had been wearing an operable body camera. Video footage of Slager’s encounter with Scott, which was captured by onlooker Feidin Santana, shows that Slager shot eight rounds at Scott while he was fleeing, planted an object widely suspected of being his Taser next to Scott after the shooting, and did not attempt CPR.

Washington Post article published the day before Kelly made his comments on This Week draws attention to how important camera footage can be in prosecuting officers facing charges in fatal shooting cases. My colleague Jonathan Blanks wrote about the findings here.

The article is full of disturbing reporting on how rare it is for a police officer involved in a fatal shooting case to face charges (only 54 have been charged out of the thousands of fatal shooting which have taken place since 2005).

A snippet: 

In a third of the cases­ where officers faced charges, prosecutors introduced videos into evidence, saying they showed the slain suspects had posed no threat at the moment they were killed. The videos were often shot from cameras mounted on the dashboards of patrol cars, standard equipment for most police departments.

Had Santana not recorded Slager and Scott’s scuffle and the subsequent shooting, it is less likely that Slager would be facing a murder charge

Video footage can provide crucial insight into fatal police shootings. While it is fortunate that Santana was in a position to film Slager shoot Scott, law enforcement agencies ought to implement police body camera policies which will ensure that fatal police shootings are recorded regardless of whether a member of the public is watching.

Kelly rightly pointed out that there are issues related to body cameras, some of which I have discussed before. But these can be adequately addressed and ought not to hamper attempts to make police officers more accountable.

WaPo: Thousands Dead, Few Prosecuted

Over the weekend, the Washington Post ran a front-page story on the rarity of prosecutions of police officers for on duty shootings. They teamed up with researchers at Bowling Green State University to look at the few cases in which charges were brought against officers. Since 2005, they found 54 criminal cases against police officers filed for police-involved shootings:

In half the criminal cases­ identified by The Post and researchers at Bowling Green, prosecutors cited forensics and autopsy reports that showed this very thing: unarmed suspects who had been shot in the back.

In a third of the cases­ where officers faced charges, prosecutors introduced videos into evidence, saying they showed the slain suspects had posed no threat at the moment they were killed. The videos were often shot from cameras mounted on the dashboards of patrol cars, standard equipment for most police departments.

In nearly a quarter of the cases, an officer’s colleagues turned on him, giving statements or testifying that the officer opened fire even though the suspect posed no danger at the time.

And in 10 cases, or about a fifth of the time, prosecutors alleged that officers either planted or destroyed evidence in an attempt to exonerate themselves — a strong indication, prosecutors said, that the officers themselves recognized the shooting was unjustified.

While 19 of the 54 cases they found are still pending, 21 officers were acquitted of charges and only 11 officers were convicted.

It is important to note that untold thousands of people were killed in police-involved shootings during that period. Just in Los Angeles County, California, there have been at least 409 police-involved shootings since 2010—and yet there hasn’t been a single prosecution for one since 2001.

As my colleague Matthew Feeney noted, the cell phone footage of Walter Scott’s death was integral to the officer’s firing and criminal charge. Without it, South Carolina authorities may not have filed any charges, let alone murder. Indeed, even with the video, conviction is not certain.

You should read the whole Washington Post piece here. And be sure to follow @NPMRP on Twitter and PoliceMisconduct.net for updates on all kinds of police misconduct and abuse.

New Mexico Gov. Susana Martinez Signs Civil Forfeiture Abolition Bill

A quick and happy update from New Mexico: Gov. Susana Martinez (R) has signed HB 560, which I detailed here, into law. New Mexico has thus effectively abolished civil asset forfeiture by requiring a criminal conviction before the government can seize property.

Gov. Martinez’s statement can be read here.

House Bill 560 (HB 560) makes numerous changes to the asset forfeiture process used by law enforcement agencies in New Mexico. As an attorney and career prosecutor, I understand how important it is that we ensure safeguards are in place to protect our constitutional rights. On balance, the changes made by this legislation improve the transparency and accountability of the forfeiture process and provide further protections to innocent property owners.

As expected, civil liberties advocates across the political spectrum cheered the move.

ACLU-NM Executive Director Peter Simonson:

This is a good day for the Bill of Rights. For years police could seize people’s cash, cars, and houses without even accusing anyone of a crime. Today, we have ended this unfair practice in New Mexico and replaced it with a model that is just and constitutional.

Institute for Justice Legislative Counsel Lee McGrath:

New Mexico has shown that ending policing for profit is a true bipartisan issue with broad public support. America is ready to end civil asset forfeiture, a practice which is not in line with our values or constitution. This law shows that we can be tough on crime without stripping property away from innocent Americans.

Emily Kaltenbach of the New Mexico chapter of the Drug Policy Alliance:

New Mexico has succeeded today in reining in one of the worst excesses of the drug war. Like other drug war programs, civil asset forfeiture is disproportionately used against poor people of color who cannot afford to hire lawyers to get their property back. This law is an important step towards repairing some of the damage the drug war has inflicted upon our society and system of justice.

Civil asset forfeiture is an inherently abusive practice that provides perverse incentives to law enforcement, encourages “policing for profit,” and allows the government to take the property of individuals and businesses that are never charged with any wrongdoing. Hopefully the bipartisan spirit of the New Mexico abolition (HB 560 passed the legislature unanimously) will serve as a model for other legislatures around the country who wish to restore our cherished concepts of due process and private property to their proper status.