Mercenary Justice?

Earlier this week, the United States Department of Justice released a scathing report on police and court practices in Ferguson, Missouri. Figuring prominently in the DOJ’s criticisms, Ferguson criminal-justice officials were said to be overly concerned with extracting money from defendants. For instance, the DOJ charges:

Ferguson has allowed its focus on revenue generation to fundamentally compromise the role of Ferguson’s municipal court. The municipal court does not act as a neutral arbiter of the law or a check on unlawful police conduct. Instead, the court primarily uses its judicial authority as the means to compel the payment of fines and fees that advance the City’s financial interests. This has led to court practices that violate the Fourteenth Amendment’s due process and equal protection requirements. The court’s practices also impose unnecessary harm, overwhelmingly on African-American individuals, and run counter to public safety. (3)

I don’t know how fair these particular criticisms are, but they echo numerous other criticisms made in recent years about the increasing tendency of the American criminal-justice system to rely financially on a burgeoning array of surcharges, fees, forfeitures, and the like.

Professors Wayne Logan and Ron Wright have a fine recent article on this subject, appropriately entitled “Mercenary Criminal Justice” (2014 Ill. L. Rev. 1175).  

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Milwaukee Arrests Rarely Involve Force, But Numbers Vary by District

Last week, the Milwaukee Fire and Police Commission released its annual report on police uses of force for 2013. The report counts 895 incidents in 2013, employing a very broad definition of “use of force” that does not require either an injury or the use of a weapon. To put that number into perspective, the Milwaukee Police Department made more than 30,000 arrests in 2013. For each arrest in which force was used, there were about thirty-six arrests in which force was not used.

In nearly three-quarters of the use-of-force-incidents, no weapon was used by the police officer. In the remaining incidents, the most commonly used weapons were Tasers and pepper spray. Firearms were used on forty occasions, most commonly on dogs. Firearms were used against human subjects in fourteen incidents; eleven of the subjects were hit.  

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Milwaukee Residents Give Solid Marks to Police

Last week, the Milwaukee Fire and Police Commission (of which I am a member) released the results of its first-ever survey of citizen attitudes toward the police.  Although the survey identified a few areas of concern, the overall tenor of citizen attitudes seems positive.

Conducted for the FPC by UWM’s Center for Urban Initiatives & Research last summer, the survey involved telephone interviews of 1,452 Milwaukee residents.  As detailed in the CUIR’s report, the survey respondents were reflective of the city’s diversity in racial composition and in other respects.

The report’s lead finding is that about three-quarters of Milwaukee residents report that they are at least somewhat satisfied with the Milwaukee Police Department, while only about nine percent said they were “not at all satisfied.”  These findings are notable for a number of reasons, not the least of which is that fully one-quarter of the respondents reported being stopped by the police in the past year.  One might suppose that this group would be predisposed to negative evaluations of the police.  However, the vast majority (71%) of those stopped felt that they were treated fairly.  The MPD has significantly increased its number of stops in recent years, but it does not appear that involuntary contact with the police normally leads to hard feelings by the person stopped.

Given recent racial tensions in Milwaukee and nationally regarding policing practices, it is especially important to note the racial patterns in survey responses.  

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