The tragic shooting of Mike Brown in Ferguson, Missouri has raised many questions about how law enforcement treats the very citizens it is supposed to protect, including whether local law enforcement should be armed to the teeth with military grade equipment.  Could a military response happen here in Florida?  It’s impossible to know right now, and we need to change that.

In June, the ACLU released a national report on the militarization of local law enforcement, which documented the federal to local pipeline of war machines and weapons. There are several programs that enable even the smallest towns to obtain massive reserves of weapons. 

For example, the Department of Defense distributes its surplus weapons free of charge.  For only the cost of shipping, and a promise to use the materials within the first year, any law enforcement agency can obtain the weapons of war.  The Departments of Justice and Homeland Security send cash for law enforcement to purchase these tools on the open market.

The military equipment comes no-strings-attached too. There is no limitation on their use – and while some of these federal programs have a veneer of antiterrorism to, the fine print is clear that cops can use the grenade launchers and tanks in every day law enforcement.

To be clear, there are a very small number of instances where serious weapons could theoretically be used by SWAT teams, such as hostage, barricade, or active shooter scenarios. But the ACLU found that nationally only seven percent of deployments were used in this type of case. Overwhelmingly, the equipment is used to effect searches, and mostly in drug cases. Most of the targets are people of color.

All of this happens with no methodical or public oversight, which brings us to Florida.  Like almost all other states, there is no unified system of tracking what our law enforcement agencies possess or how it is used. The Miami New Times reported today that 12 south Florida jurisdictions have obtained weapons and equipment from the Department of Defense.  Florida International University has 50 assault rifles and a mine resistant vehicle; Miami Gardens has 100 machine guns, a mine resistant vehicle, a bomb detecting robot and four grenade launchers.  Of course, these numbers reflect only a single equipment source.  The real totals could be much higher if we knew all of the toys stockpiled in their stations. Looking at just Brevard County, Florida Today found around 1,100 military items.

This militarization of local police has to stop.  First, the federal government must stop funding and directly supplying our locals with the weapons of war.  They are unnecessary for law enforcement and can escalate otherwise manageable situations.  Even though Democrats and Republicans have criticized the program, passing federal legislation is difficult these days.  That’s why secondly, our state government needs to investigate and control the proliferation on these weapons here in our own state. Both the Scott administration and the returning legislature need to mandate public reporting on what these agencies have and how it is used. Ultimately, there should be very strict limitations on how these weapons should be used in Florida, if ever.

Date

Friday, September 12, 2014 - 6:26pm

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By Cassandra Stubbs,
Director, ACLU Capital Punishment Project

This post originally appeared on ACLU's National Blog of Rights.

According to Supreme Court Justice Antonin Scalia, Henry Lee McCollum deserved to die for the brutal rape and murder of 11-year-old Sabrina Buie. There's just one problem, and a frequent one in death penalty cases: Henry Lee McCollum didn't do it.

Instead of tracking down the true killer, police and prosecutors went after Henry Lee McCollum and his half-brother Leon Brown, two intellectually disabled and innocent teenagers.

While his mother wept in the hallway, not allowed to see her son, officers interrogated McCollum for five hours, ultimately coercing him to sign a confession they had written. In a trial without forensic evidence and plagued by racial bias, these two half-brothers with IQs in the 50s and 60s were sent to death row. Henry Lee McCollum and Leon Brown, whose sentence was later reduced to life in prison, have been behind bars for the last 30 years.

Last week, they were finally exonerated in another disturbing example of how deeply flawed the death penalty is, particularly for African-American men in the South.

Death penalty supporters have long cast Henry Lee McCollum as a mythic boogeyman. After North Carolinians passed the Racial Justice Act, a law outlawing racial bias in capital cases, opponents of the law mailed sensationalized fliers showing McCollum's mug shot, claiming it would lead to the release of convicted killers like him. Justice Scalia depicted McCollum as a strong argument against death penalty abolition because of the gruesomeness of Sabrina Buie's murder.

There is a perverse irony here. Henry McCollum, long invoked as an argument for the death penalty, is innocent. Instead of the ultimate threat, he represents the ultimate injustice: a government condemning an innocent man to die. McCollum is not a boogeyman. Rather he is a case study of everything wrong with a broken capital punishment system that has no place in this country.

In another cruel irony, McCollum's boogeyman status was successfully used to thwart the Racial Justice Act, which proved racial bias in four cases before it was repealed last year. And that's tragic because North Carolina and other southern states desperately need laws like these to protect the innocent from racial bias.

Southern states, like North Carolina, are the most likely to wrongfully convict and sentence innocent people to death. And in those states, black defendants bear the greatest burden of wrongful convictions. Of the nine men wrongfully convicted and sentenced to death in North Carolina, eight are men of color and seven – including McCollum and his half-brother - are black.

Race showed up in McCollum's trial from the start. The trial prosecutors in McCollum's case deliberately and unconstitutionally struck multiple qualified black jurors from jury service. This is a common practice: statewide, prosecutors were more than twice as likely to strike qualified black jurors as all other jurors.

For years now, North Carolina prosecutors have known about the statistical evidence showing widespread bias in the way they pursue capital convictions. Rather than addressing the findings and changing their practices, they have fought the Racial Justice Act and tried to keep statistical evidence of racial bias out of court. These misplaced priorities further erode the capital punishment system's ability to produce accurate and just results, leading to errors that can never be erased.

North Carolina's legislators now need to take a close look at Henry Lee McCollum and Leon Brown and see how racial bias distorts and undermines the state's criminal justice system. Two innocent men are now middle aged, leaving prison after being locked up since they were teenage boys. Sabrina Buie's loved ones have been strung along for three decades by police and prosecutors, believing two innocent men took their little girl from them in a rural North Carolina soybean field. And a community's trust in the ability of its courts to produce a just outcome – accurate and untainted by racial bias – has been eroded.

After three decades of needless injustice, it is good to celebrate the fact that Henry McCollum and Leon Brown are going home. But the statistics tell us that there are many more like them, many who made it to death row only because of a broken and biased system. We need more protections, not fewer, to reduce the risk of wrongful convictions and eliminate racial bias. Ending the death penalty would be a good start.

Date

Monday, September 8, 2014 - 2:54pm

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