BY MARK L. BALSOM – The recent events in Ferguson, Missouri have placed law enforcement policy at the forefront of national discussion. For the United States, a country that prides itself on significant equality improvement, it is clear that major policy improvements are needed. These changes must begin with the justice and law enforcement systems.
Law enforcement systems across the country, especially in Missouri are guilty of racial prejudice. According to a 2013 report released by the Missouri attorney general, African-Americans make up terribly high percentages in crime statistics.[1] In Missouri, African Americans account for 93% of arrests following traffic stops, 92% of searches and 86% of traffic stops.[2] Meanwhile, the Missouri police chief is Caucasian, in addition to 50 of the 53 members of the police force. [3] In relation to the alleged history of racially prejudice excessive force accusations against the police department in Ferguson, these numbers are extremely alarming.[4]
On August 9, in Ferguson, Missouri, an 18-year-old, Michael Brown was shot to death by local police officer Darren Wilson. The only evidence of the shooting includes witness testimony and an audio clip from a nearby witness’ phone. Wilson allegedly repeatedly shot Brown several times after the two were involved in an altercation. Allegedly, Brown physically abused Wilson and reached for his weapon through the window of Wilson’s vehicle. [5]
The Missouri state law on police self-defense standards is particularly forgiving to police officers. Missouri law states that “deadly force is justified when an officer reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested…. has committed or attempted to commit a felony”.[6] Further, the prosecution must not only prove beyond a reasonable doubt that the officer-defendant committed the crime, but must also disprove the defendant’s claim of self-defense to this same high standard. [7]
Under this standing law, it seems highly implausible that the District Court will find that Officer Wilson is guilty. The witness testimony that Brown physically abused Wilson will play a substantial role in bolstering the defenses’ self-defense argument.
The broad margin of error that this law gives to police officers is unacceptable. This margin makes it nearly impossible for courts to discipline a police officer for his or her forceful actions that result in death. Even though it is 2014, it is naïve to believe that racial prejudice is not still a major factor in the law enforcement system. The incredibly miniscule burden that a police officer must prove in such a situation is far too insignificant in a country that is far from racial equality in the justice system.
Under extreme national media surveillance, it seems as though the Ferguson Police Department is making an effort to self-improve. Over Labor Day weekend the Department implemented body cameras into their department. [8] The enforcement of all police officers to wear body cameras will not only provide significant evidence in all law enforcement activities but will also be a constant reinforcement to all officers that their actions are now open for visual interpretation. If all police departments take this step in using cameras, it seems plausible that even the most prejudiced officer will think twice before making an irresponsible decision.
Further, once all activities are under surveillance, officer discipline programs will be much easier to enforce. These will likely result in officers not feeling a sense of entitlement based on full immunity from the law. Though it is comforting to see that immediate steps towards improvement are in action, it is still sad that such improvements requires a tragedy for our country to take initiative.
[1] Ralph Ellis and Elliot C. McLaughlin, Police Have a Power Trip Problem, Ferguson Residents Say, CNN, August 21, 2014, http://www.cnn.com/2014/08/20/justice/ferguson-residents-police-history/index.html
[2]ELLIS and MCLAUGHLIN, Supra Note 1.
[3] ELLIS and MCLAUGHLIN, Supra Note 1.
[4]Brian Hughes, Justice Dept. to Investigate Racial Profiling, Excessive Force in Ferguson, The Washington Examiner, September 4, 2014, http://washingtonexaminer.com/justice-dept.-to-investigate-racial-profiling-excessive-force-in-ferguson/article/2552850.
[5] Rachel Clarke and Christopher Lett, What Happened When Michael Brown met Officer Darren Wilson, CNN, August 26, 2014, http://www.cnn.com/interactive/2014/08/us/ferguson-brown-timeline/index.html
[6]Pema Levy , How Strong is the Legal Case Against Darren Wilson?, Newsweek Online, August 19, 2014, http://www.newsweek.com/how-strong-legal-case-against-darren-wilson-265675.
[7] LEVY, Supra Note 6.
[8]David Kravets, Ferguson Police Department Gets Body Cameras, Arstechinca, September 2, 2014, http://arstechnica.com/tech-policy/2014/09/ferguson-police-department-gets-body-cameras/.
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Mark L. Balsom is a 2016 Staff Editor of the Race and Social Justice Law Review.
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