Chris Hedges: The Origins of Our Police State

[marmar]

from truthdig:


The Origins of Our Police State

Posted on Sep 16, 2013
By Chris Hedges


ELIZABETH, N.J.—JaQuan LaPierre, 22, was riding a bicycle down a sidewalk Sept. 5 when he noticed a squad car pulling up beside him. It was 8:30 on a hot Thursday night at the intersection of Bond Street and Jackson Avenue here in Elizabeth, N.J. LaPierre had 10 glass vials of crack cocaine—probably what the cops were hoping to find—and he hastily swallowed them. He halted and faced the two officers who emerged from the cruiser.

“We are tired of you niggers,” he remembers one of the officers saying. “We’re tired of all this shooting and robberies and violence. And we are going to make you an example.”

He was thrown spread-eagle onto the patrol car.

“What I bein’ arrested for?” LaPierre asked.

A small crowd gathered.

“Why you harassin’ him?” someone asked the cops. “He ain’t resisting. Why you doin’ this?”

........(snip)........

Police abuse is routine in Elizabeth, as it is in poor urban areas across the country. This incident did not make news. But it illustrated that if you are a poor person of color in the United States you know what most us are about to find out—we have no civil liberties left. Police, who arrest some 13 million people a year, 1.6 million on drug charges—half of those for marijuana counts—carry out random searches and sweeps with no probable cause. They take DNA samples from many of those they arrest, even some eventually found to be innocent, to build a nationwide database. They confiscate cash, cars, homes and other possessions based on allegations of illegal drug activity and direct the proceeds into police budgets. And in the last three decades the United States has constructed the world’s largest prison system, populated with 2.2 million inmates. ....................(more)

The complete piece is at: http://www.truthdig.com/report/item/the_origins_of_our_police_state_20130916/

[xchrom]

1. du rec.

[Warren Stupidity]

2. "But we aren't a police state" or some other ignorant bullshit. Nt.

[KG]

3. AutoChrisHedgesDURec

[soryang]

4. Institutional racism in the court system

Because many of these crimes carry long mandatory sentences it is easy to intimidate defendants into “pleading out” on lesser offenses. The police and the defendants know that the collapsed court system, in which the poor get only a few minutes with a public attorney, means there is little chance the abused can challenge the system.

I once worked in the PDs office. We weren't allowed to take depositions in third degree felonies, no matter what the sentencing range was. With multiple counts the client could be looking at fifteen years or more depending on the number of counts. The typical PD there tried one case a year. I knew one PD there who said the same thing at all his client interviews, "this case is a slam dunk for the state." Didn't matter what the facts were. The next line invariably was, "you've got to take the state's offer."

I had a probation violation case that typified the racism endemic in Florida's justice system. Ostensibly, the client accused had failed to appear at his weekly interview with his probation office. He insisted that he had. I knew the client from a prior case. He was young, abrasive in manner, and convinced that all whites in the system were racists. There was ample evidence for that.

I subpoenaed the attendance record where his name and signature appeared big as life. An earlier PD didn't believe his story and didn't investigate anything. I subpoenaed the probation officer involved in his case. He didn't want to appear. I wonder why. The judge and prosecutor grudgingly conceded they had to release him. As a reward for being caught red handed bringing false charges against the accused, they terminated his probation and set him free.

One judge referred to probation as "the delayed entry program." Everyone in the court room laughed. I used to joke that I couldn't comply with the terms of probation because they were so onerous. So I didn't understand how my clients could.

Beating and otherwise humiliating and punishing people before trial was common.

On edit: Oh, yeah, I forgot to mention VOP cases result in no bail, so my client who hadn't done anything wrong, was in jail for about six weeks waiting for me to prepare his hearing.

Among other things, I mentioned in open court the PDs policy of no depositions in third degree felonies, that resulted ultimately in my being forced out of my position. I was "a burden on the office" because I deposed witnesses in each case contested by my clients. The judge ordered me to take depositions in a particular third degree felony case. The PDs office was unilaterally changing the rule about depositions in the Florida Rules of Civil Procedure and treating felonies as it they were misdemeanors.

[marmar]

5. Thanks for sharing that. Thanks for that insight.

[soryang]

6. thank you

Of course, I meant the Florida Rules of Criminal Procedure, not civil.

[Solly Mack]

7. K&R

[marmar]

8. PM Kick

[Mojorabbit]

9. Great piece! nt