Bricker: thanks for the tight reasoning.
I searched the other evening for another take on the events, but couldn’t find one. As I interpret the article, everyone was complying, until the protesters “Locked arms”. Were the protesters blocking the exit? Not clear - I would hope not.
Um, yes he did support the protestors, but the green hat didn’t say that. It said, “Legal Observer”. As I see it such nongovernmental institutions keep both sides honest. If such a person is not being disruptive, arresting them is akin to arresting a journalist at McDonald’s on trumped up charges of not moving fast enough.
Worldwide, there are police who protect and serve. And there are thugs who simply protect regimes.
I’m not a lawyer. I assume the law professor hasn’t put together a legal brief on the matter at the time the article was written. We both agree that it’s best not to throw around allegations that go beyond the alleged facts.
The alleged facts is that there were 5 observers with green caps. One was arrested: the man arrested was an African American in a button down shirt, serving the public trust. Is that a civil rights violation? One that could be established beyond a reasonable doubt? A: I’m not a lawyer, never mind a civil rights lawyer.
I do opine that Legal Observer Hansford was arrested for the same reason that Wesley Lowery of the Washington Post, and Ryan J. Reilly of the Huffington Post were arrested: the Ferguson police wanted to send the message that they could act with impunity. This is an organization that has a habit of selective enforcement and treats their court as a money spinner; taking the venerable concept of the speed trap to new levels. Alex Tabarrok of Marginal Revolution: You don’t get $321 in fines and fees and 3 warrants per household from an about-average crime rate. You get numbers like this from bullshit arrests for jaywalking and constant “low level harassment involving traffic stops, court appearances, high fines, and the threat of jail for failure to pay.”
If you have money, for example, you can easily get a speeding ticket converted to a non-moving violation. But if you don’t have money it’s often the start of a downward spiral that is hard to pull out of: [INDENT][INDENT] For a simple speeding ticket, an attorney is paid $50-$100, the municipality is paid $150-$200 in fines and court costs, and the defendant avoids points on his or her license as well as a possible increase in insurance costs. For simple cases, neither the attorney nor the defendant must appear in court.
However, if you do not have the ability to hire an attorney or pay fines, you do not get the benefit of the amendment, you are assessed points, your license risks suspension and you still owe the municipality money you cannot afford….If you cannot pay the amount in full, you must appear in court on that night to explain why. If you miss court, a warrant will likely be issued for your arrest.
People who are arrested on a warrant for failure to appear in court to pay the fines frequently sit in jail for an extended period. None of the municipalities has court on a daily basis and some courts meet only once per month. If you are arrested on a warrant in one of these jurisdictions and are unable to pay the bond, you may spend as much as three weeks in jail waiting to see a judge.[/INDENT] Of course, if you are arrested and jailed you will probably lose your job and perhaps also your apartment–all because of a speeding ticket.
As a final outrage, consider this story which ties together Ferguson, the courts, and the arrest of parents, often minority parents, for leaving their kids to play in parks (just as my parents did). [INDENT]According to local judge Frank Vatterott, 37% of the courts responding to his survey unconstitutionally closed the courts to non-defendants. Defendants are then faced with the choice of leaving their kids on the parking lot or going into court. As Antonio Morgan described after being denied entry to the court with his children, the decision to leave his kids with a friend resulted in a charge of child endangerment. [/INDENT] [/INDENT]
Damned if you do and damned if you don’t I guess. Such a police force should be investigated and overhauled. They are an exploitative organization, thugs with guns. They have their defenders of course. Thugs always do.
