I write a great deal about the police on this blog. The main reason for this is because police are the gateway to prisons. They feed the PIC. Just this week, the Department of Justice released a scathing report about the New Orleans Police Department (NOPD). Of particular interest to me is that the report confirms the fact that black people in New Orleans have been disproportionately targeted:

Of the 27 instances between January 2009 and May 2010 in which officers intentionally discharged their firearms at people, all 27 of those people were black. “Despite the clear policy violations we observed, NOPD has not found an officer-involved shooting violated policy in at least six years,” the report stated. The report also noted “racial disparities in arrests … in virtually all categories, with particularly dramatic disparity for African-American youth under 17.” In 2009, the report said, the arrest rate of black youths versus white youths was a staggering 16 to 1 — a disparity that was “so severe and so divergent from nationally reported data it cannot plausibly be attributed entirely to the underlying rates at which these youth commit crimes.“

It is unsurprising that so many young black people are disproportionately arrested by law enforcement. These arrests now extend to school grounds. In Chicago, 2010 arrest data for youth 17 & under suggest that there were 5,574 arrests on school grounds.

The Supreme Court is actually hearing oral arguments in a case today in which a 13-year-old was questioned by police officers at school. According to Youth Today, “The court could set new terms on what it means for a youth to be “in custody.” Anybody considered to be in custody, regardless of age, must be advised of his rights pursuant to the Supreme Court’s decision in Miranda v Arizona.” I have previously written about the fact that we need to remove police officers from public schools in order to address the school to prison pipeline. In my opinion, it is just wrong for youth to be able to be interrogated on school grounds by law enforcement. Since it looks unlikely that my advice will be heeded in the immediate future, parents and guardians should be advised of their young person’s rights. Just yesterday I read a very good article that provided useful tips for parents when the police want to talk to their child. Below are the suggestions offered:

What should you do if the police wish to question your child?

First, do not expect authorities to respect your parental rights. The mother of the Arvada boy begged the police to allow her to accompany her son to the station when he was arrested; they refused. Your cooperation with police will probably not be reciprocated. Your child does have rights but do not expect to be informed of them.

Second: If possible, record the encounter. It is generally legal to record conversations in your own home. In any case, write down the names and badge numbers of attending officers; politely ask for the contact information for their immediate supervisor.

Where’s the Warrant?

Third: Before letting the police through the front door, ask to see a warrant or court order. Under some circumstances, the police can forcibly enter your home without such documents but those circumstances are legally few. Even if you are threatened with arrest, stand your ground; demand the warrant. Once an officer is allowed to enter, he has the advantage. In some states he can immediately conduct a weapons search to ensure his own safety. In all states he can unofficially survey your home for clues to lifestyle or possible violations of law.

Fourth: If an officer pushes in, do not resist. Doing so opens you to charges of obstructing justice or assaulting an officer. Passively refuse to cooperate and call a lawyer.

Fifth: Whatever an officer says, you are not compelled to bring your children in for an interview or to allow any questioning without a court order. Nor are you required to speak to authorities. The seemingly harmless information you provide can be used against your child. State simply and as often as necessary, “I have nothing to say.”

Sixth: Require the officers to state the nature of the complaint, including the number of the state statute or local ordinance your child is alleged to have violated. Have a copy of your state’s laws on hand, much as you might have a phone book or dictionary.

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  By Judge Juvi, March 28, 2011 @ 1:47 pm

  THIS IS SO HELPFUL! I want to post this is EVERY hood in America. How useful is it to film interactions with the police? Is that allowed? I feel like visual evidence is stronger than written evidence (though in some cases it is still not enough…#shoutout to Oscar Grant, RIP, we will never forget)
  One of my peers and I were discussing the possibility of a bill being passed insisting upon police officers policing areas where they have been a resident for 5 years or more only. The ideology behind it is that those who protect and serve their community best are those that are from that community- they have a greater sense of investment in that community. I would be interested in hearing your thoughts around this proposal or any other suggestions to deal with the corrupt police force other than knowing your rights and recording badge numbers (as we know, this does not always work)
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  By prison culture, March 28, 2011 @ 3:56 pm

  Hi, thanks for your comment. In terms of filming interactions with the police, this is very dangerous as many states (including my own) have anti-eavesdropping laws which they use to prosecute people who audiotape or videotape police officers. We are actually dealing with three local cases in Chicago where people did just that and are being prosecuted for up to 15 years in prison. So I would not suggest video or audiotaping the police.

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