More people are getting away with murder
npr.org
npr.org
The only people who came out looking good was the judge who was able to keep this circus from blowing up and my fellow jury members who despite the system all ended up reasonable and serious in their deliberations.
Are you sure they were all bad at their jobs? It's certainly possible. But it's also possible that you simply had unrealistic expectations for what the process looks like, exemplifying the "CSI Effect".
This is why I find these sort of pseudo-anonymous anecdotes very difficult to judge; I know neither the details of the case, nor you personally. It's like trying to get reviews for headphones online... suppose I read a review from somebody who says the headphones sound worse than a skinned cat. Is that review from a typical headphone user with reasonable expectations for sound quality? Or is it from an audiophile with very high, perhaps fanciful, standards? I have no point of reference for determining where that person is coming from.
https://innocenceproject.org/dna-exonerations-in-the-united-...
A friend, A former police officer, said the most astonishing thing he learned as a rookie was how easily some people would confess to crimes they could not possibly have committed. Such persons were usually not very bright and, after hours of interrogation, could be convinced that they had indeed done a bad deed.
Defendants are constitutionally entitled to a jury trial. Even if they were caught on 4k video, with their face fully identifiable, their fingerprints all over the blood scene, and they walk straight into a police station afterwards to confess.
A defense lawyer with a client who confessed on video has an extremely difficult job; they must try to present a credible case while also not suborning perjury or violating ethical rules. Very frequently, they're not going to have a "logical" case; they're simply trying to poke whatever holes they can in the prosecution's case...because the Defense is not constitutionally required to prove anything (unless they're attempting to prove an affirmative defense, and if they were you'd know because the judge would explicitly tell you).
On the other hand, if the prosecutor and the police and the forensics guys were all as incompetent as you claim, the defense might have gone to trial despite the taped confession because there was a chance they could prevail with a jury if the prosecution messed up presenting the case. I won most of my jury trials because the prosecution messed up.
If the investigation had been just workmanlike or followed basic protocols I cant imagine any defense attorney would have wanted to take it to trial. Though perhaps they still didn’t want that but their client demanded it. I of course couldn’t know that.
But given that you just confessed guilt, a not guilty plea is going to raise eyebrows and potentially end badly.
At the start of deliberation, it was an even split. Towards the end of deliberation it was 11/12 in favor of returning a verdict of guilty.
However... One juror opened up some bizarre Pandora's box arguing against the fundamental knowability of the universe. How could any fact truly be "known"?
At times, I love conversations like that. But not when a man has been stabbed twelve times and directly pointed to the defendant.
Our jury was hung.
"Et tu, Brute?"
- lit. "You too, Brutus?" - from Julius Caesar by William Shakespeare, Act 3 Scene 1. The phrase is spoken by the Roman dictator Julius Caesar during his assassination to his friend Marcus Junius Brutus when Caesar realizes Brutus is also one of the assassins.
I'm absolutely sure your assessment is correct:
I lost a ton of respect for the ability of a jury of my peers to logically reason and responsibly decide
People as a rule are horrible at logical thinking.But that's absolutely the right side to err on. Much better for twelve people to have to be convinced beyond a reasonable doubt.
Put another way, it's way more important for the justice system to minimize false positives (wrongful convictions) than false negatives, so I'm happy to hear anecdotes where it's seemingly biased this way.
On balance, I'm not sure if it's biased towards letting people go free. It might be interesting to compare e.g. the UK with some European countries (in the US the justice system is too bananas on several levels).
* Guilty
* Not Guilty
* Not Proven - https://en.wikipedia.org/wiki/Not_proven
The latter lets you off, but has the connotation the defendant probably did it, but it couldn't be quite proven.
I like that system, but it seems there is a legal review going on at the moment which might abolish it.
The former case results in GP's tie, the latter in the absurdly skewed prison population the US is known for.
People are horrible at logical thinking.
Are you sure? Since most homicides are intra-racial [1] (despite the impression one gets from those the media choose to focus on), we can use victim race as proxy for offender race (I'd use offender race directly, but then you'd just blame it on police racism). Since it's hard to manufacture a corpse, or fake its race, we can further assume that data is largely free of police bias.
So white+Hispanic are 50% of homicide victims [2] (which we use as proxy for perpetrators), and 58% of the prison population [3]. For blacks, its 44% and 37%, respectively. Doesn't look particularly skewed to me. There is some anti-white+Hispanic bias, but since we're looking only at homicide to avoid police bias, we're not seeing the whole picture, which may explain the disparity.
[1] In approximately ninety percent of all murders committed in the U.S. over the years, the victim and perpetrator are of the same race - https://www.psychologytoday.com/us/blog/wicked-deeds/201602/...
[2] https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-... (for some reason the FBI groups whites with Hispanics)
[3] https://www.worldatlas.com/articles/incarceration-rates-by-r... (white and Hispanic are again grouped)
This is not supported at all. I assume you're talking about racial demographics of prison population. It's a complex historical and socioeconomic problem, biased juries may have some role but it wouldn't be on the top 10 factors.
Except that it's not.
For most jurors, being in the defendants chair means guilty. Consequently, it's rare to find people on the jury who will make the prosecution actually do their job.
A friend of mine was on a federal jury for a conspiracy charge. He came into the jury room figuring it would be a slam dunk verdict--the defendant was documented to be out of the country by the prosecution when the supposed in person conspiracy planning was happening. He didn't even understand why this was allowed to come to trial.
But, no, half the jury was basically "He's done bad things and should be in jail." It wound up a hung jury in spite of the fact that there was physical evidence presented by the prosecution that contradicted the whole case.
True, but only up to a limit. The only way to avoid all false positives is to have no justice system at all, but in that case the criminal gangs essentially become the government and justice system.
Every trial will be a hung one, you will have one blue/red juror which will refuse to find guilty a blue/red defendant.
Failing in the right direction (not locking someone up) is one of the most important characteristics of a justice system.
Isn't this a consequence of jury vetting on the part of the attorneys? i.e. the defense does not want logical/rational thinkers on the jury if they have a bad case (know the defendant committed the crime, lots of evidence against defendant, etc). In those cases they want people who think with emotions and who can be emotionally swayed. So really both sides (prosecution and defense) will play games to try to bias the jury in their favor, whether that means adding or subtracting STEM types from the jury.
There are plenty of people they screen for and/or boot off of juries. When I went to jury duty the questionnaire asked about if you are / were / related to a cop or lawyer, if you had ever worked for a police dept or court system as a civilian, if you had experience with regulatory or GRC roles, or if you were a PI. They also asked about level of education and if you had experience in management or HR.
Keep in mind that this is not the court asking these questions, it's the lawyers.
He was driving home in twilight (after regular work day, no drinking involved) and a mad guy jumped in front of him on the road. My brother in law swerved and avoided the crazy dude and kept driving.
A kilometer later he was chased down by a angry violent police officer in police cruiser who arrested him, put him in cuffs, slammed him into the cruiser with no discussion. Turns out the crazy guy was a police officer running a hidden speed trap, but of course it was hidden so there was no police cruiser in sight, no lights, and the officer was wearing a plain dark vest and armor which just looked like regular clothes.
The complaint has been stalled for three years now of course. The officer still claims my brother in law was deliberately trying to run the officer down. Meanwhile my brother in law (like, THE most kind and easy going and peaceful person I know) is basically permanently scarred.
As a kid I thought police officers were like angel saints. Now I know enough of them to understand they're just people, doing a job. Some are good at it some are bad at it some are ass holes. But the job gives simply incredible amount of unchecked power,while they deal with worst in human kind.
https://www.nytimes.com/2018/03/18/nyregion/testilying-polic...
I mean, vesting all the power in the jury is just as bad as vesting all power in a single person/group of persons (judges). Perhaps a rational middle ground would be to give jury duty to only members of the bar?
The jury instructions essentially break the law down to essentially a flowchart, with the decision points being questions of whether or not some specific fact is true or not.
Both the prosecution and the defense will have geared the arguments and evidence they offered toward convincing the jury as to whether or not those specific facts or true.
I seem to remember that this led to a reform which removed the popular jury (and replaced it with a jury of law professionals) for some cases. I don't know if the effect of that reform has been studied.
[1] https://www.ipp.eu/actualites/impact-medias-sur-decisions-de...
this is a democracy, and the power of a democracy is ultimately on people; these people can vote, and they get to vote on your guilt.
How many police depts ignore property crime?
How many police depts have hour long wait times for 911 response?
How many 911 systems routinely delay or drop calls?
We had a story near here recently where a DUI accident investigation couldn't proceed because it took so long for police to arrive that the suspect sobered up enough
Or the woman who was hit by a car and the police took over an hour to respond
You can find these stories for every PD now
That said, NPR should be more honest an retitle this story to be about Oakland though, because that is what they wrote about
That being said, you're not wrong that there is a severe morale problem among American police officers. I'm not sure we have the knowledge to figure out the solution, at this point. I suspect we are seeing the beginnings of something similar in public education.
Pretty much all essential services get more funding when kpis go south. And I think that’s usually because lack of resources make kpis go south. Take a great teacher with 20 kids in their class. Make the class size 40 and KPIs will go down. Does that teacher become bad?
Their union is not demonized, but accurately described as the largest and most dangerous obstacle to actual police reform.
Their pensions have never been in question in my lifetime, not even as a source of funds for the endless successful lawsuits against them.
Their steadfast refusal to allow insight into statistics re office involved shootings means their training cannot be properly examined, nor altered in response to data.
And the political leanings of the police as a whole remain unquestionably conservative.
Glad to see others speaking up!
There were 46,412 suicides among adults in 2021.
37,461 people were killed on the roads. Given how frequent are hit-and-runs with accidents, I expected it to be more common in deadly situations, but it seems to be the opposite: 2,049 fatalities that resulted from hit-and-run crashes in 2016.
Finally, in 2021, a record 106,699 lives were lost to overdoses.
Fatal collisions are more likely to disable the perpetrator and/or their vehicle, rendering them unable to hit-and-run even if they were so inclined.
If this is true then I expect hit-and-run to be more common in fatal car-vs-pedestrian crashes than for fatal car-vs-car crashes.
There was a similar spike in murders during the 1970s and early 80s, and during the 1920s and Great Depression.
They had a story a week or so ago about how all crime is up and speculated that the police are less likely to interact with the public because they’re afraid the encounter will escalate and they will end up getting prosecuted for doing their job. Think they even had an “expert” to back their claim.
So what you get is police who won’t do their job out of fear of retaliation and people seeing there are no consequences for their actions just doing whatever they want.
And, of course, the current narrative is the police are “silent quitting” in protest because who else are they going to blame?
It's too bad nobody has the political will to get rid of and rebuild whole PDs. That's what it will take to get rid of bad cops.
Totals are not up, and "red states" are much more violent.
As you observe, police funding has about zero effect on crime.
https://www.slowboring.com/p/a-really-boring-way-to-solve-mo...
When a nobody is gunned down on a dark street corner in the middle of the night, for no apparent reason, and nobody in the area will talk to the cops, there isn't much that will lead to any suspects.
However another major issue is that people are not talking to police like the used to. People do not trust police with information and more so they do not trust police to protect them. Volunteering information on a murderer is dangerous you have to trust the system can protect you.
And finally, murder clearance rates were focused on in the 90s and sometimes that led to closing cases early or other bad practices to increase superficial metrics.
Interesting that the article mentions the sizable drop in clearance rates in 2020 yet does not offer up any explanation for why that may be the case.
In Oakland, the police department is like 25% of the total city budget. Depending on the year and what you count as "budget" it can be closer to 40% of the general fund [1]. Either way, as a percentage their budget has actually gone UP significantly since 2019, mostly due to excessive overtime. It works "kind of" like a protection racket. Some back of the napkin math and the OPD budget is something like $500k per officer and $3.5 million per murder, which they don't prevent and barely bother trying to solve. I think a few million redirected to better mental health and homeless services would probably pay off. They have lots of new SUV's which they like to drive through residential neighborhoods really fast though.
[0] https://abc7news.com/defund-police-oakland-crime-shooting/12...
[1] https://pbs.twimg.com/media/C3Ou1LrUcAE67SZ?format=jpg&name=...
How do you want to prove anything?
I have seen it in the case of accidents. If there is no well portioned camera, you can’t say much. Even if there is one, it can still be difficult to prove someone’s fault. In most cases the evidence is weak. And if you succeed, there could be some hurdles for the other side but nothing will replace your health.
I don't see this as gaming the system. The police have done their job as far as it can be done. What do you want the cops to do in any of these cases? Are you accusing them of just stuffing random names into files?
Plenty of precedent for that.
For example (not sure if true): It would seem a drop in easier to identity domestic violence murders would throw stats off for the others that were always hard to solve.
My googling is failing on getting the mix of murders by type by year.
> Relationship of Murder Victims to Alleged Offenders, 2021
> Of the estimated 4,970 female victims of murder and nonnegligent manslaughter in 2021, data reported by law enforcement agencies indicate that one-third (34%) were killed by an intimate partner (figure 1). By comparison, about 6% of the 17,970 males murdered that year were victims of intimate partner homicide.
> Overall, three-quarters (76%) of female murders and more than half (56%) of male murders were perpetrated by someone known to the victim. About 16% of female murder victims were killed by a nonintimate family member—parent, grandparent, sibling, in-law, and other family member—compared to 10% of male murder victims.
> A larger percentage of males (21%) than females (12%) were murdered by a stranger. For 1 out of every 3 male murder victims and 1 out of every 5 female murder victims, the relationship between the victim and the offender was unknown.
But if you instead ask, of the people who were murdered by an intimate partner, how many were women and how many were men? That breaks down to 61% vs 39%, still a substantial difference but far short of that evident "5x" from the other framing. Viewed that way, it's more like 1.5x.
Lies, damn lies, and statistics.
In old times, you could’ve done killed someone and blame it on anything.
But not 20 or 50 years ago.