Law Forum : How to decrease racial profiling, and increase legal empowerment

Discussion in 'Law Forum - Prisons - Gun Ownership' started by UBNaturally, Jan 2, 2015.

  1. UBNaturally

    UBNaturally Well-Known Member MEMBER

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    Carrying more guns is an interesting theory, but does carrying a gun truly decrease the potential of police interactions?


    1. Tennessee


    > Violent crimes per 100,000: 643.6
    > Poverty rate: 17.9%
    > Pct. of population with bachelor’s degree or higher: 24.3%
    > Property crimes per 100,000: 3,371.4 (10th highest)​

    Tennessee has the dubious distinction of having the worst violent crime rate in the country. The state was among the top 10 in the country for murders and robberies and was first for aggravated assaults, with an estimated 479.6 for every 100,000 residents. Tennessee’s 41,550 violent crimes in 2012 were up 6.8% from 2011 but down 10% from 2007, when there were 46,380 violent crimes. There were 388 murders in the state in 2012, up for a second straight year. To be fair, Tennessee’s violent streak is concentrated in some of the major metropolitan areas. Memphis’s violent crime rate was the nation’s fifth worst, while Nashville’s was the 18th worst. Like many states with high violent crime, poverty in Tennessee is acute, and high school and college graduation rates are lower than most of the country.


    2. Nevada

    > Violent crimes per 100,000: 607.6
    > Poverty rate: 16.4%
    > Pct. of population with bachelor’s degree or higher: 22.4%
    > Property crimes per 100,000: 2,809.4 (23rd highest)​

    Nevada ranks among the worst in the country for its robbery rate, motor-vehicle theft rate and aggravated assault rate. It also ranks high in categories like burglaries and forcible rape. Much of the crime, state officials maintain, comes from the swarms of tourists who visit Las Vegas, Reno and other cities with casinos and related entertainment. Factor out the casino traffic in Reno, and local crime rates are similar to the rest of the nation, Emmanuel Barthe, a criminal justice professor at the University of Nevada Reno, told the Reno Gazette-Journal. Nevada also has among the lowest high school and college graduation rates.


    Tennessee and Nevada are open carry states, similar to 42 other states.
    Nevada requires a permit.




    In regards to how to stop racial profiling, here is an idea...

    1. Establish a network of reputable "black" law firms that would allow for pro bono legal advice and representation, potentially supported by "black" churches or businesses.
      http://www.blacklawyers.net/index.html (example)

    2. Create an ID badge that represents this collective of black law firms, and supply them to everyone within the more racially profiled areas.

    If it catches on, it would serve multiple purposes...

    • Build up the interest and inquisitiveness in how the law should be and is enforced, and understanding the rights of a citizen.
    • Present a legal buffer and deterrent to rouge aspects of the policing departments or "pigs"


    In order to receive the badge, one must pass a written and oral test in which they prove to know their rights as a citizen and can peacefully express them upon contact with a law enforcement official.


    Example of a badge that could be visible and easy to recognize.

    [​IMG]


    https://www.aclu.org/files/assets/bustcard_eng_20100630.pdf

    There would be "training hubs" established in each county where citizens can register for their badge, similar to voting precincts.

    Each badge would come with the following information and contact to the network of attorneys that are pro bono under this badge.


    1. Always be calm and polite. Don’t talk back or raise your voice.

    2. You always have the right to remain silent. During police encounters, the best thing to do is not speak.

    3. You have the right to refuse searches. You should make it very clear, “Officer, I do not consent to searches.” The officer is not required to tell you that you have the right to refuse a search. Never consent to a search. You may refuse a search of your car, house and personal items. Also you are not required to empty your pockets. Do not consent to a search even if you know that you are not in possession of something illegal.

    4. Don’t get tricked. The police may lie to you. Don’t let threats or promises trick you into waiving your rights.

    5. If you ever feel as if the officer is detaining you, ask if you are free to go. Calmly state, “Officer, are you detaining me or am I free to go?” This will establish that the encounter is not voluntary, which can help you later in court. If the officer does not answer the question, then you are free to go. If the officer interrogates you, say, “I am going to remain silent. I would like to see a lawyer.”

    6. Don’t expose yourself to criminal activity in public.

    7. Don’t run from the police! This is enough evidence to support “probable cause.”

    8. Never touch a cop!

    9. Pay close attention to detail and the order of events during a police encounter. Record the event either visually or audibly if you can. Immediately after, write down as much detail as possible – what were the officers statements, appearance, badge numbers, names… Look around for possible witnesses. You will need this information later to report and possible police misconduct.

    10. Do not let police into your home without a signed search warrant from a judge. The only times warrants are not necessary are in cases of “hot-pursuit” and emergencies. If an officer comes to your door clearly say, “I cannot let you in without a warrant.”

    Stop and Frisks / “Terry Stop” – Police have a right to stop, frisk, question and briefly detain someone on the street when they have “reasonable suspicion” that a crime has been committed or is about to be committed. “Reasonable suspicion” does not require as much evidence as “probable cause”. Do not resist the stop, but clearly state, “Officers I do not consent to searches.”

    Probable Cause - police must have clear facts and evidence to know that you are involved in criminal activity.


    If police flag you down:
    1. Pull Over
    2. Turn Off Car
    3. Place Hands on Wheel


    In The Bill of Rights, three amendments apply to Police Encounters:

    1st Amendment - Right to document and record activity of public officials engaging in public duties.

    As early as 1995, the Ninth Circuit has recognized a “First Amendment right to film matters of public interest.” Fordyce v. City of Seattle, 55 F.3d 436, 439 (9th Cir.1995). Other circuits have similarly held that the First Amendment protects an individual’s right to record police officers in the course of carrying out their duties. See Glik v. Cunniffe, 655 F.3d 78, 82 (1st Cir.2001) (“The filming of government officials engaged in their duties in a public place, including police officers performing their responsibilities, fits comfortably within [the First Amendment].”); Gilles v. Davis, 427 F.3d 197, 212 n.14 (3rd Cir.2005) (“[V]ideotaping or photographing the police in the performance of their duties on public property may be protected activit[ies]”); Smith v. City of Cumming, 212 F.3d 1332, 1333 (11th Cir.2000) (“The First Amendment protects the right to gather information about what public officials do on public property,” including the right “to photograph or videotape police conduct.”).​


    4th Amendment - People and their property have the right to be protected from unreasonable searches and seizures.

    5th Amendment - No person is required to be a witness against himself in any criminal case, nor be
    deprived of life, liberty and property without due process of law.

    6th Amendment - In all criminal cases, the accused shall have the right to the assistance of an attorney for his defense.


    To flex your 1st amendment right, this is an example of a cheap body camera that could be supplied with all badges.

    [​IMG]



    This one lists at a sale price of $49.99


    Thoughts?
     
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