Law and Disorder Radio

Law and Disorder September 5, 2016

Updates:

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Federal Judges Often Let Bad Cops Slide

In examining the root causes of police violence across the nation, few people consider the role that federal judges play in contributing to this epidemic. According to one of the authors of Police Misconduct: Law and Litigation, a principal cause of police brutality is a widespread unwillingness of federal judges to hold officers accountable for instances of misconduct.

The problem even extends to the US Supreme Court, where Justice Kagan has shown deference to two reckless officers who shot and nearly killed a mentally ill woman in her own apartment rather than waiting for backup.

Guest – Professor Michael Avery, former president of the National Lawyers Guild, and co-author of the police misconduct treatise for attorneys on civil rights cases, Michael has reviewed thousands of such cases over several decades. His op-ed in the Baltimore Sun, “Federal Judges Often Let Bad Cops Slide,” asserts that judges’ failure to hold officers accountable for abuse of authority is a central cause of police brutality in this country.

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Policing the Planet: Why the Policing Crisis Led to Black Lives Matter

The policing strategy called “broken windows” was first established in New York City under Police Commissioner William Bratton. It is a doctrine that has vastly broadened police power the world over and to deadly effect. The underlying concept of broken windows policing is deceptively simple: to stop major crimes from occurring, police must first prevent small signs of “disorder” from proliferating, such as graffiti, litter, panhandling, the sale of untaxed cigarettes and so forth. Disorder in the form of minor violations is presumed to breed larger disorder. Broken windows policing has functioned as an urban strategy enabling the gentrification of cities – a class project that has displaced the urban multi-racial working class worldwide.  It has led to widespread invasive police practices, racial profiling, police brutality, and many deaths.  We now have in America a crisis of authority and legitimacy for US policing.

Guest – Professor Christina Heatherton, coeditor with Jordan T. Camp of the recently published book Policing the Planet: Why the Policing Crisis Led to Black Lives Matter. Heatherton is an American studies scholar and an historian of antiracist social movements. She teaches at Trinity College in Connecticut.

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Brazil Government Coup Illegitmate Says International Tribunal

An international tribunal has declared the impeachment of Brazil’s President and head of the workers party Dilma Rousseff an illegitimate coup.  The Tribunal for Democracy in Brazil convened in Rio de Janeiro  two months ago.  It was organized by social movements in Brazil to analyze and render a judgment on what they described as a break in the democratic process and a new type of coup.

Guest – Attorney Azadeh Shahshahani former member of the tribunal. She recently wrote an article on its findings for the nation magazine. Attorney Shahshahani is the Legal and Advocacy Director with Project South and a past president of the National Lawyers Guild.

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