Graffiti vs Urine
Most, if not all, of the stories posted under our PopSec group are tongue in cheek. They are full of good accurate information presented in a manner to be easily readable. I will start off with the tag line that you have read and will read again at the end of this article. Popular Security (PopSec), a platform where multi-disciplinary professionals across federal, law enforcement, military, fire service, and emergency management fields discuss current trends and issues in the field of Homeland Security.
We were informed that the Medium forum, in which this article is posted, wants to start a conversation about criminal justice reform. I was given the honor challenge of producing a thoughtful, insightful piece. My moderator told me, “You are actually going to have congressmen and senators, as well as many lobbying and advocacy groups participating, for what I understand. Don’t think medium is a place for superficial conversations (that may explain why no team has had a 1k story)… some of the best “long form” reading on the web right now is hosted on medium.” I immediately thought of the Joker in the original Batman movie; “Wait ’til they get a load of me.”
So as we were instructed, I will give some stories and thoughts about criminal justice reforms. I have been in law enforcement for 20+ years. I will attempt to remove my prejudices as I ask you to do the same.
I believe in reform, I believe that systems need to be reinvented and re-thought to improve functionality. I believe that law enforcement, especially on the conviction and sentencing ends, is influenced by personal opinion or biases. I am confused by the term “minimum sentencing requirements”. Yes, the Penal Laws are different in every state, but all have a sentencing term associated with crimes. I see, personally, more violation in the refusal to incarcerate for the indicated term than an abuse of over incarceration. As a wise law enforcement colleague of mine said regarding this issue, “I’m not sure where all these nonviolent drug offenders are incarcerated but it’s not anywhere I’ve ever been or even heard of.”
In 2014, Tyrone Howard was being charged with selling crack and PCP. The Assistant District Attorney argued that “the defendant has four prior felony convictions. Each were drug offenses. He also has a 2000 youthful adjudication for robbery in the first degree. He has an open indictment that’s pending in The Bronx for possession of a controlled substance in the third degree.” He was sentenced to a diversion program to battle his drug addiction .
On Tuesday October 20, 2015, Tyrone Howard shot at a rival drug dealer in Harlem, New York City. When police responded, Howard robbed a bicycle at gunpoint. As he was chased by police, he turned and fired ending the life of Police Officer Randolph Holder, a Guyanese immigrant and rookie police officer. Tyrone Howard should have been incarcerated at the time of his decision to murder a cop. The “minimum sentence” was not imposed.
Both sides of the debate have their own stats to quote as well as abuse stories. That’s one of mine.
I am going to downshift this Ferrari now into lesser crimes.
In 1982, James Q. Wilson and George Kelling proposed a theory of law enforcement named Broken Windows. They used the term broken windows as a metaphor for disorder within neighborhoods. Their theory links disorder and incivility within a community to subsequent occurrences of serious crime. The theory has its doubters, mostly academic who have never seen the neighborhoods with the “broken windows”.
A recent dichotomy brewed in New York City. The New York City Council is set to vote on decriminalizing certain minor offenses — Public urination, marijuana possession, littering, public consumption of alcohol, excessive noise, and park rules. Currently, those violations are subject to a Criminal Court summons. The violator returns to Criminal Court in the County of issuance approximately 45 days after their violation. If they fail to show, a warrant is issued for their arrest. There are many many warrants issued. Why? Violators fail to go to court, that makes the system wrong, egregious, offensive, and sometimes racist? Or is it just the way the system is supposed to work and violators are supposed to go to court — simple as that.
You are asking about the dichotomy. NYC Mayor DeBlasio recently announced a $4 million dollar plan to remove graffiti from public and private areas as part of his plan to “improve cleanliness and quality of life in New York.” The glaring difference is that cleaning graffiti does not involve arresting the violators. Another secret to the cleaning of graffiti is a law passed in the early 2000’s in which property owners are liable for cleaning graffiti damage on their property or the city will clean it and charge them. There is no mention of that law but is the idea to create a clean slate and then charge homeowners for their second clean-up?
I am curious if there will be an item on the next election where I can vote what I prefer… Graffiti or urine?
In another dichotomy…
The Police Officers of the New York City Police Department have been without a contract since 2010. When negotiations failed, both parties entered the next phase with an arbitrator. In November 2015, that arbitrator gave the NYPD officers a 1% raise for the years 2010–2012. To get the contract current, a new round of negotiations will have to begin.
On Thursday, February 4, 2015, two NYPD Officers were shot while patrolling the stairway in a Housing Development in the Bronx. The perpetrator ran to his apartment and killed himself. What the news reports don’t speak of is the interaction between the officers and the perpetrator — because there wasn’t one. As the perpetrator caught sight of the officers, he fired upon them. This case comes at a time when a police officer, Peter Liang is being prosecuted over the shooting of Akai Gurley in a dark stairway of a notorious Housing Development in Brooklyn. Officer Liang shot Mr. Gurley in an unfortunate accident as opposed to the shooting of Officers Diaria Cruz and Patrick Espeut by Malik Chavis.
One day after those officers were shot; while they were still in the hospital recovering from bullet wounds, the city Council voted to give a 32% raise to members — from $112k to $148k, $10,000 more than a commission recommended.
There is even an op-ed by two NYC Councilmen justifying the raises; oddly enough, it never mentions the percentage increase or the dollar amount increase, just the new salary and as it compares to other job titles (commissioners and deputy commissioners) and other cities (Los Angeles council). The op-ed delineates why the raise is deserved, because the new contract stipulates the amount of money Councilmembers can receive from sidejobs. Oh, sidejobs. I bet less city employees would be working sidejobs if they made $148,000
Police Officers Liang, Cruz and Espeut were making $48,000 at the time of their respective incidents; on their way to a top salary of $78,000. Sounds more like a tale of two cities.
So ask me again about criminals who have been in jail for too long. I will remind you that they are criminals. Then, ask me about those who aren’t in jail and they will remind you that they are criminals. It is a simple progression to understand, lesser crimes do lead to more serious crimes, lesser criminals transform into more serious criminals. Fair and accurate incarceration prevents those criminals from promoting up.
Addendum:
The above article was clearly written while NYPD Officer Liang was on trial. On Thursday, February 11, 2016, former Police Officer Liang was found guilty of manslaughter. I will try to avoid alienating some friends as I focus on the accidents in other occupations. When a patient dies on an operating table, is the doctor arrested for Manslaughter? Convicted? When a fire truck runs a red light at 40 miles per hour, hits a car and kills someone, is the driver arrested for Manslaughter? Convicted? Downshift again; when Sanitation workers break my garbage can are they arrested for Criminal Mischief 4th Degree?
On the same day as PO Liangs conviction, a 15 year old in Brooklyn scored a touchdown in Madden, he celebrated by taking out a gun and waving it around (in a completely understandable manner). The gun accidentally fired and shot a 16 year old in the face, killing him. I am waiting for the Manslaughter trial, conviction, and will compare sentencing as a result.
Two Cities
Check out some of our other articles below or on our main page:
Every Day Heroes: The Maryland National Guard
Free Will — Are You the Boss of You?
Soccer Moms Kick Ass at Counter Terrorism
We’re Going to Draft Your Daughter to War: Equality in Selective Service
Popular Security (PopSec) is a platform where multi-disciplinary professionals across federal, law enforcement, military, fire service, and emergency management fields discuss current trends and issues in the field of Homeland Security.
