Systemic police perjury addressed

Coming quickly on the heels of my post two weeks ago on police lying to gain search warrants, today's Wall Street Journal addresses the issue of police lying later in the process, at trial.

Though few officers will confess to lying -- after all, it's a crime -- work by researchers and a 1990s commission appointed to examine police corruption shows there's a tacit agreement among many officers that lying about how evidence is seized keeps criminals off the street.

To stem the problem, some criminal-justice researchers and academic experts have called for doing polygraphs on officers who take the stand or requiring officers to tape their searches.

A Supreme Court ruling this month, however, suggests that a simpler, though controversial, solution may be to weaken a longstanding part of U.S. law, known as the exclusionary rule. The 5-4 ruling in Herring v. U.S. that evidence obtained from certain unlawful arrests may nevertheless be used against a criminal defendant could indicate the U.S. is inching closer to a system in which officers might not be tempted to lie to prevent evidence from being thrown out.

Criminal-justice researchers say it's difficult to quantify how often perjury is being committed. According to a 1992 survey, prosecutors, defense attorneys and judges in Chicago said they thought that, on average, perjury by police occurs 20% of the time in which defendants claim evidence was illegally seized.

"It is an open secret long shared by prosecutors, defense lawyers and judges that perjury is widespread among law enforcement officers," though it's difficult to detect in specific cases, said Alex Kozinski, a federal appeals-court judge, in the 1990s. That's because the exclusionary rule "sets up a great incentive for...police to lie."

So let me get this straight: everyone in the criminal justice system accepts that police routinely lie to help them gain convictions. Rather than realize that this means something is fundamentally flawed with our system, their solution is to remove the penalties associated with police misconduct? The exclusionary rule is one of the few protections afforded to defendants, and now we're going to weaken it because some cops feel pressured to lie to gain admission of the evidence? Exclusionary rule or not, I really am still stuck on the fact that a fifth of the police department routinely perjures themselves in court, and yet that is not the focus of this article. Let me put this another way: our police are committing criminal acts, and nobody is doing anything to stop it.

Throwing out evidence because of wrongful searches and arrests "is not an individual right and applies only where its deterrent effect outweighs the substantial cost of letting guilty and possibly dangerous defendants go free," wrote Chief Justice John Roberts.

Civil liberties advocates and defense lawyers say losing the exclusionary rule would harm the public. "We'd risk far greater invasions of privacy because officers would have carte blanche to do outrageous activity and act on hunches all the time," says JaneAnne Murray, a criminal defense lawyer in New York.

Excluding illegally obtained evidence "is not an individual right and applies only where its deterrent effect outweighs the substantial cost of letting guilty and possibly dangerous defendants go free." Really? If we follow Justice Robert's statement to it's natural conclusion, then police can do whatever they want, as long as they actually catch some people that have drugs. And just what are these "substantial costs" associated with letting drug offenders go free? It seems to me that there are more substantial costs associated with incarcerating drug offenders than there are in letting them go free. As I write this, the federal and state governments combined have spent over $4.1 billion dollars in the first 29 days of 2009 on the drug war. Police arrested an estimated 872,720 persons for cannabis violations in 2007, the highest annual total ever recorded in the United States, according to statistics compiled by the Federal Bureau of Investigation. Of those charged with cannabis violations, approximately 89 percent, 775,137 Americans were charged with possession only. An American is now arrested for violating cannabis laws every 38 seconds.(source)

When do we admit that the drug was has been a total and abject failure?

Oakland to fire 11 cops in search warrant case

Is it shocking to anyone that cops have been lying to obtain warrants? Especially in Oakland, California (site of the recent murder of unarmed and detained Oscar Grant at the hands of the police).

In this case, 2 sergeants and 9 officers are about to be terminated for lying to obtain search warrants. Is everyone clear what a lie is? It's when you tell something that isn't true. I only ask because the attorney for the cops apparently doesn't understand what the issue is here. Mary Sansen, the attorney for the officers, says they weren't trained on how to properly fill out an affidavit.

"The fact that I have anybody who's being terminated over this case is just simply outrageous," Sansen said. "Some of my officers have routinely been denied any form of training. I have clients who are writing search warrants who have never been to search-writing school, who have been expected to pick up as they go."

OK, I guess we're supposed to believe that training is the issue, it's not lying. When the cops told the judge that substances seized from suspects "had been identified by the Oakland police crime lab as narcotics", the judge gave them a warrant. But those statements were LIES. It doesn't matter if they didn't fill out the form correctly, what matters is that THEY WERE LYING. I don't care if they've never been to "seach-writing school", whatever the fuck that is, but I do care that THEY WERE DELIBERATELY LYING in order to get warrants that were not supported by the evidence.

Related Stories:

• 98% of Emergency Room doctors believe they've treated patients who were victims of excessive force by police. Ninety-eight percent!?!?!!! That's a staggering number. 95% report treating injuries caused by fists and feet. "Unlike cases of suspected domestic violence, elderly abuse and child abuse, which doctors must report to authorities, physicians are not required to notify anyone of suspected excessive force by police." How convenient, one law for us, and no laws for them.
• An Oakland man has stepped forward, saying that he is also a victim of police brutality at the hands of former-officer Johannes Mehserle. Mehserle was the pig who shot unarmed, defenseless, prostrate Oscar Grant in the back while another officer kneeled on his neck. Disturbing video of the execution can be seen here.