reason | The Department of Justice threatens defendants
with dozens of federal charges that could put them behind bars for
decades unless they accept plea deals and avoid a trial, a punishment
for trying to defend themselves. Department of Justice prosecutors,
working with other agencies like the IRS, seize assets
from Americans and resist giving it back even when there's little
evidence such Americans have done anything wrong. The DOJ engages in a
lot of the same misbehavior found in the Ferguson system of justice—it's
just not motivated by race.
Even though the Department of Justice may attack Ferguson's
revenue-generating, they are quick to defend the role of their own
"Equitable Sharing Program," which encourages law enforcement agencies
to seize property and assets by allowing the agencies to keep 80 percent
of what they take in the program.
A White House report
crafted in the wake of the shooting of Michael Brown and the police's
militarized response to protests defended the program, along with
others, as "valuable and have provided state and local law enforcement
with needed assistance as they carry out their critical missions in
helping to keep the American people safe." Attorney General nominee
Loretta Lynch defended asset forfeiture as a useful tool for law enforcement at a Senate hearing.
Ferguson's police department participates in this federal program. According to research by The Washington Post,
the city has spent more than $100,000 on equipment and weapons paid for
with assets seized by police in Ferguson (this also means the federal
government has also received money from law enforcement activities in
the community as well). The DOJ's press office has not returned calls to
find out whether Ferguson would be booted from the program due to its
behavior. Ferguson officials have said they will attempt to settle
with the Department of Justice, not fight, so probably not. The DOJ has
only cut off access to the Equitable Sharing Program to a handful of
law enforcement agencies. One of them, Maricopa County in Arizona, is
infamous for resistance to attempts by the DOJ to reform the way it
deals with immigrants and Latino citizens. It's easy to look at the
program and see the DOJ using access to its funds as a carrot/stick to
influence the behavior of local law enforcement agencies. This is not
inherently a bad thing, but all of this knowledge about how the DOJ
operates should cause anybody to look askance at the agency's
credibility when it comes to evaluating the accessibility of fiscal
propriety of any justice system in the country.
For that matter, the DOJ, just like Ferguson, brags about the
millions—billions—of dollars it brings in from settlements and
enforcement activities in its annual reports. They put out press
releases and hold press conferences. The difference may be that its
targets are often rich corporations (but not always, as their actions
against a small Long Island vending business
shows). The DOJ and state-level prosecutors are looking for big
paydays, too, to help bolster the budgets of the governments they serve.
My story in Reason's April issue, titled "The Settlement Shakedown," helps explain how this all works out (It's available online now to digital subscribers).
None of this is to dismiss what is clearly racist animus by the
people in power in Ferguson. But if every victim described in the DOJ
report on Ferguson had been white and the racist comments and e-mails
hadn't happened, these incidents would still have been huge violations
of the rights of the citizens. Many would argue that these incidents
wouldn't have happened at all absent the racial component. I cannot
possibly say they're wrong. Every single government in the country is
driven to bring in revenue to perpetuate itself, and their targets will
most likely be those who will have the hardest times protecting or
defending themselves. This often means poor minorities and immigrants,
but don't confuse the symptoms with the cause. Racism just one sorting
tool for governments to decide who they're going to plunder.
1 comments:
Conservatives want to see police win control of these streets absolutely priceless...., forty years of failed conservative policies have packed the prisons and failed to win control of these streets. Must be why the Koch's and others have begun calling for criminal justice reform.
https://youtu.be/co5xVHsMRV0
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