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Accountability crime and punishment government transparency insider corruption local leaders moral hazard porkbarrel politics

Interfering With a Sweet Racket?

One way for governments and enterprises to save money is to contract out some or all of their services. Towns, cities, counties, states — even the federal government — engage in such practices all the time.

It is really just outsourcing, as business lingo dubs it.* But, like any system for shifting responsibility away from direct management, it can be corrupted.

As Seattle citizens now learn, courtesy of Seattle Times reporters Mike Carter and Steve Miletich.

It appears that Seattle City Light, the public utility providing electricity to the city, has been contracting exclusively with Seattle’s Finest Security & Traffic Control. For a half a decade. Despite there being direct competition from another firm.

The utility paid “more than $7.8 million over the past five years to provide off-duty police officers for traffic control or security work,” the Times tells us.

The whole story came to light (no pun intended) when a new outfit offering similar services, but based on “gig economy” principles, sought to enter the market. Seattle’s Finest challenged the firm’s licensing, and, allegedly, directed abuse at the firm’s chief executive officer.

A Seattle detective off-handedly described the dominance of Seattle’s Finest “in organized-crime terms — using the word ‘mafia’ — and said nobody would be allowed to interfere with it.”

The FBI has now been called in.

Usually, local government may seem rather humdrum. But a lot of money can go through powerful, privileged hands. Things can get exciting. Terms like “murky” and “intimidation” abound.

Is this a surprise?

Remember: power corrupts; local power corrupts locally.

Right there where we live.

This is Common Sense. I’m Paul Jacob.

 

* An economist, R. H. Coase, got a Nobel Prize in no small part for explaining why this sort of contract can work better than establishing a complete firm-employee wage system.


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Accountability crime and punishment general freedom ideological culture moral hazard national politics & policies Regulating Protest responsibility U.S. Constitution

Saturday’s Violence

After delivering the final address at the Liberty International World Conference in Puerto Rico, Friday night, I learned that there had been violent clashes between white nationalists and counter-demonstrators in Charlottesville, Virginia.

A dozen people required medical treatment after being sprayed with mace.

Then, after traveling to the airport with new friends from Kazakhstan, China, and socialist-torn Venezuela, I began my eight-hour trek home. I had the subject for my weekend column, I decided: the lack of reports of even one arrest.

Last I checked, dousing folks with a chemical agent was a crime.

“Men in combat gear, some waring [sic] bicycle and motorcycle helmets and carrying clubs and sticks and makeshift shields,” the Washington Post reported as I landed for my connecting flight home, “fought each other on the downtown streets, with little police interference.”

By the time I touched down in Washington, DC, James Field had driven his car into a crowd of counter-protesters, killing Heather Heyer and seriously wounding many others. A searing and sobering event.

My column, mostly written in transit, focused on the police response to political violence. From Trump rallies last year to the events at UC-Berkeley that “shut down” planned speeches . . . to attacks on Charles Murray and others at Middlebury College . . . to this Saturday’s events in Charlottesville, policing has been tepid at best.

People have a right to speak, to assemble, to protest, to let out a primal political scream. Our governments must protect that right, without regard to viewpoint, by preventing and policing against acts of violence.

When violence succeeds without consequences — garnering tons of attention for its perpetrators — we are likely to see more violence.

Government is not doing job one.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment government transparency initiative, referendum, and recall

Left Wondering Why

In Minneapolis’s Fulton neighborhood a makeshift memorial has sprung up. Amidst flowers, a handwritten sign reads, “Why did you shoot and kill our neighbor?”

Police have yet to offer public comment on the police shooting of Justine Damond, the Australian woman killed in the alley behind her home last Saturday night.

“Sadly, her family and I have been provided with almost no additional information from law enforcement,” Justine’s fiancé, Don Damond,* told reporters, “regarding what happened after police arrived.”

The Minnesota Bureau of Criminal Apprehension has launched an investigation, but not yet interviewed the two officers at the scene, the only known witnesses. The officers had been responding to Justine’s 911 call reporting what sounded like a sexual assault.

No gun was found on Justine; a woman in her pajamas otherwise doesn’t seem very threatening.

Local media identified Mohammed Noor, a Somali-American, as the police officer who fired the bullet that killed Damond. Noor has been on the force since March 2015 and has two previous complaints pending.

Most frustrating, the Washington Post reports that “the officers’ body cameras were not turned on” and . . . “It’s not clear why . . .”

Cameras do not work when turned off; public anger and angst are not ameliorated when we cannot see the body cam footage.

That’s why, back in April, we worked to pass a ballot initiative in Ferguson, Missouri: (a) mandating that police must actually turn on the body cameras they were “using” (after similar incidents, wherein Ferguson police claimed their cameras hadn’t been activated) and (b) setting rules for public access to the video.

The people of Minneapolis, likewise, deserve a more professional police force. Making that happen means taking the initiative: citizens reforming criminal justice policies at the ballot box.

This is Common Sense. I’m Paul Jacob.

 

* Justine had already taken her fiancé’s last name, even though they were set to marry next month. Her legal name remains Justine Ruszczyk.


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Accountability crime and punishment government transparency responsibility

Ferguson Finally Wins

Yesterday, on the 49th anniversary of Martin Luther King’s assassination,* voters in Ferguson, Missouri, passed a charter amendment requiring police to wear body cameras while on duty. The measure also provides the public access to that footage, along with reasonable rules about privacy.

In August 2014, Ferguson came to the nation’s attention — and the world’s — when a black resident was shot and killed by a white policeman. In the aftermath, the nation witnessed a militarized police response to senseless riots that destroyed 17 local businesses.

People there and across the country jumped to fact-free conclusions about who was at fault: the deceased Michael Brown or the policeman, Officer Darren Wilson.

“If there’s one thing that I think everybody in Ferguson would agree on, it’s that we’d like to have a video of what happened on Canfield Drive back in August of 2014,” remarked ballot measure proponent Nick Kasoff.** “If we had that, Ferguson wouldn’t be a hashtag. It would be just another quiet suburb of St. Louis.”

Police began wearing body cameras after the Michael Brown shooting, and the consent decree the city reached with the Department of Justice set some useful parameters. But the rules in the just-enacted charter amendment go much further to guarantee the public access to the video.

Not to mention that just this week, Attorney General Jeff Sessions announced a review of all such consent decrees nationwide. Without yesterday’s victory at the ballot box, the police cams policy might simply be abandoned.

Not now. The voters have spoken, 71 to 29 percent.

Spurred by Ferguson, there’s been a ton of talk about reforming criminal justice in recent years. But I like action a whole lot better.

This is Common Sense. I’m Paul Jacob.

 

* Yesterday also reminds me of 1984, George Orwell’s classic dystopian novel, because the book’s protagonist Winston Smith begins his diary on April 4, 1984.

It’s my favorite book, and has enjoyed quite a surge in sales since last November’s election. Yesterday, the movie was shown in nearly 200 theaters in the U.S., the U.K., Canada, Croatia and Sweden.  

** Nick Kasoff led the six-resident committee that drafted and petitioned the measure onto the city ballot, with assistance from Liberty Initiative Fund (LIFe). Regular readers may remember that LIFe is where I have my day job — and that without contributions like yours, fewer successful measures like this Ferguson body camera initiative get off the ground.

 

More on the issue

Townhall: “Finding Ferguson”

Townhall: “First Step for Ferguson”

USA Today: “Ferguson residents push for body cameras”

Townhall: “The Citizens Are In Session”


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Accountability crime and punishment folly general freedom government transparency moral hazard national politics & policies too much government U.S. Constitution

Public Record

Police departments nationwide have begun to outfit their on-duty officers with body cameras. These small recording devices make great sense, so we can better judge police encounters.

And it turns out that not only do police behave better when wearing body cameras, so do the citizens with whom they interact.*

Yet, cameras aren’t magic. They do not work when turned off. And video recorded by police offers little value when tampered with or deleted.

On Monday, the Washington Post ran an in-depth feature about the 2014 fatal shooting of 19-year-old Mary Hawkes by Albuquerque, New Mexico, police, who pursued her for allegedly stealing a truck.

The Post explained that her case “has become a cautionary tale about the potential of new technology to obscure rather than illuminate, especially in situations when police control what is recorded and shown to the public,” raising concern “about whether a nationwide rollout of body cameras is fulfilling promises of greater accountability.”

Six police officers huddled in close proximity to the deadly incident — all wearing body cameras. The officer who shot Ms. Hawkes, however, had his turned off. Footage from three others “showed signs of alterations and a deletion.”

A federal investigation is underway.**

It is now obvious that cameras alone won’t suffice. Rules must require that the cameras be turned on — with consequences for non-compliance. The public needs access to the footage, too.

The Police Cameras for Ferguson initiative*** on the ballot April 4th does exactly that. We need similar legislation in Albuquerque and everywhere else.

This is Common Sense. I’m Paul Jacob.

 

* See Barak Ariel, William A. Farrar, Alex Sutherland, “The Effect of Police Body-Worn Cameras on Use of Force and Citizens’ Complaints Against the Police: A Randomized Controlled Trial,” Journal of Quantitative Criminology (September 2015, Volume 31, Issue 3), pp 509–535; reportage on this study can be found here.

** The probe has already revealed that a former Albuquerque police employee has declared, in an affidavit, “it was routine for officials to delete, alter or refuse to release footage because of ‘political calculations.’”

*** Your support is still desperately needed to educate voters in Ferguson, Missouri, about the Police Camera ballot measure. Please help today.


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Accountability crime and punishment government transparency Popular responsibility

Five for Ferguson

Michael Brown is dead. No video can bring him back.

As the world remembers, Brown was the unarmed 18-year-old black man killed in a violent 2014 altercation with Officer Darren Wilson, who is white — making Ferguson, Missouri, famous.

Or rather, infamous.

With little information, folks quickly picked sides. Some claimed Brown was gunned down in cold blood with his hands up, yelling, “Don’t shoot.” After seeing footage from a convenience store surveillance camera, which showed Brown seeming to strong-arm an employee and steal cigarillos* mere minutes before the fatal police encounter, others placed the blame on Brown.

Subsequent rioting left dozens injured, seventeen businesses torched and millions in property damage. Meanwhile, President Obama’s Department of Justice found Officer Wilson’s actions justified.

However, had Wilson been equipped with a lapel camera, that footage would have enhanced finding justice. Moreover, the knowledge that the public could see the truth of what happened might have prevented the riots and recriminations.

More information is better.

That’s why the best news of all is this: on April 4, three weeks from today, the people of Ferguson will vote on The Public Video Recording Accountability Amendment to Ferguson’s City Charter. The charter amendment mandates that officers wear lapel cameras while on duty and sets sensible rules for allowing maximum public access.

The campaign needs your help to alert Ferguson voters about the election by mailing information on the ballot measure. For instance, studies demonstrate that not only do police behave better when wearing cameras, but so do the citizens with whom they interact.

Would you give five dollars for Ferguson?

Please help bring a better day for justice and transparency.

It’s Common Sense. I’m Paul Jacob.

* Over the weekend, more video surfaced from the convenience store as part of a documentary entitled, “Stranger Fruit,” which suggested Michael Brown had made a drug deal at the store, and not stolen anything. A St. Louis County prosecutor disputed the filmmaker’s interpretation, and released more footage.


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Accountability crime and punishment moral hazard nannyism national politics & policies property rights too much government U.S. Constitution

Watcha Gonna Do?

At a White House meeting last week between President Trump and law enforcement officials, a Texas sheriff raised a concern about legislation introduced by a state senator to require a conviction before police could take someone’s property.

Mr. Trump asked for that senator’s name, adding, “We’ll destroy his career.” The room erupted with laughter.

“That joke by President Trump,” Fox News’s Rick Schmitt said on Monday, “has the libertarian wing of the Republican Party raising their eyebrows, instead of laughing.”

Not to mention the civil libertarians in the Democratic Party and the Libertarian Party itself.

Civil asset forfeiture, as we’ve discussed, allows police to take people’s cash, cars, houses and other stuff without ever convicting anyone of a crime — or even bringing charges. The person must sue to regain their property.

Lawyers aren’t free.

Two bedrock principles are at stake:

  1. that innocent-until-proven-guilty thing, and
  2. Our right to property.

Since police departments can keep the proceeds of their seizures, they’re incentivized to take a break from protecting us — to, instead, rob us.

“Our country is founded on liberties,” offered Jeanne Zaino, a professor at Ionia College. “[G]overnmental overreach is not something that is natural for Republicans to embrace.”

Schmitt acknowledged that “Libertarians would hate this. They don’t want big government. But they don’t have a lot of pull.”

Libertarian-leaning Republicans like Sen. Rand Paul and Rep. Justin Amash are trying to end civil forfeiture, but the president will likely veto their legislation.*

Let’s not wait. Activists in three Michigan cities put the issue on last November’s ballot and won. You can, too.

This is Common Sense. I’m Paul Jacob.

 

* FoxNews.com reported that, “Trump signaled he would fight reforms in Congress, saying politicians could ‘get beat up really badly by the voters’ if they pursue laws to limit police authority.”


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Accountability crime and punishment ideological culture media and media people national politics & policies

Savagely Killing Conversation

“You think the police deserve to be killed?” That’s what talk show host Michael Savage asked his caller yesterday.

What brought that on?

A self-described liberal woman named Teri had called The Savage Nation. Though not a Trump supporter, she “did not have the antipathy for him that most liberals did.”

“[U]nderneath his brashness and braggadocio,” Teri had thought, “there actually beat a heart for America.” But after his numerous initial appointments, she is now “terrified.”

On air, Teri admitted that her preferred candidate for president had been independent (not turned Democrat) Sen. Bernie Sanders of Vermont. Savage called Sanders a “con man” — a “race-baiter” who “attacked the police regularly.”

That’s when he inquired if it was her desire to see police officers murdered. To which, she replied, “No, my husband was a police captain.”

Savage: “That’s amazing. How could you vote for a man like Bernie Sanders, who hated the police and used the police as a weapon to stir up minorities?”

Teri: “Believe it or not, my husband actually supported him, too.”

Savage: “Why would a police captain support Bernie Sanders?”

Teri: “Well, my husband was a very honored and honorable policeman.”

Savage: “You mean, all the police who were killed deserved to be killed?”

Savage, indeed. Does he really believe that a person criticizing certain police behavior or seeking reform necessarily thirsts for the blood of innocent police? Really?

Or does he simply hope to shut down any thoughtful conversation about the injustice in our criminal justice system?

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment moral hazard national politics & policies responsibility

Freddie’s Dead

Marilyn Mosley is frustrated. This State’s Attorney in Baltimore, Maryland, angrily dropped charges against the remaining three police officers not already acquitted in the death of Freddie Gray, who died from injuries sustained while in police custody.

Clearly, Mosley lacked the evidence to convict these officers of murder, manslaughter, false arrest, etc. Were the charges politically motivated, as police allege? Or did police impede her investigation, as she charges?

I don’t know. But here’s what we do know:

Upon sighting police April 12th of last year, Gray ran but was apprehended. Police confiscated a knife, which was perfectly legal to carry. Then police called for a van, and video captured police dragging 25-year-old Freddie Gray, screaming in agony, to that van.

Police transported him on a very circuitous route “downtown” that ended up at the hospital, after police discovered during a stop that he wasn’t breathing. A week later Freddie died.

The cause of death was a spinal injury.

The video suggests impairment before the travel therapy administered by police, though the injury could have been worsened in transit. Gray wasn’t wearing a safety belt. In fact, the medical examiner ruled it a homicide based on his not being belted in.

Whether the spinal injury was a freak accident, caused by police misconduct or, as alleged, Gray was trying to injury himself to seek damages, the medical evidence shows no serious bruises or broken bones — just the spinal injury.

We don’t know what happened.

What we do know is that a man was taken into police custody without any legitimate charge, not treated or attended to as he should have been, and he’s dead.

There’s no victory or vindication here for police.

This is Common Sense. I’m Paul Jacob.

 

AND ANOTHER THING: To what degree is Freddie Gray a casualty of the war of drugs? Back in June, defense attorneys for the police released an email that Prosecutor Mosley’s office had sent to police asking for an “enhanced” police presence to combat drug dealing in the area Freddie Gray was arrested. That was three weeks prior to his arrest.


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Freddie Gray, police brutality, misconduct, Baltimore, illustration