Criminal Justice

I can understand why many people in Seattle are angry that Seattle Police Officer Ian Birk will not be charged with murder. If you or I intentionally shot and killed someone who was not an immediate threat to us, we would be charged with murder or at the very least manslaughter. But the law treats police officers differently. In 1986, Washington’s legislature passed a law that allows police officers to escape criminal charges for killing a person so long as the officer had a good faith belief that his actions were justified and he acted “without malice.” This law protects the officer even if his “good faith belief” was wrong. So, it is not surprising that King County Prosecutor Dan Satterberg believed that he would not be able to prove beyond a reasonable doubt that Officer Birk murdered John T. Williams.

On January 10, an inquest regarding the August 30, 2010, fatal shooting of First Nations carver John T. Williams by Seattle Police Officer Ian Birk will be held at the King County Courthouse. Reports indicate the police department’s Firearms Review Board preliminarily ruled the shooting was unjustified. Does this mean the inquest verdict will be the same?

In the final days of the year, typically dominated by annual “best of” lists, a simple call by President Obama managed to spurt multiple headlines and ignite a flurry of conversations. In his call to Philadelphia Eagles owner Jeffrey Lurie, President Obama reportedly applauded the team for giving quarterback Michael Vick a second chance. In 2007 Vick pleaded guilty to charges related to practices of animal cruelty, and served a 19-month sentence in federal prison. The President reportedly told Lurie, “So many people who serve time never get a fair second chance. It's never a level playing field for prisoners when they get out of jail.” The President’s call emphasized an important reality that more and more political leaders and policymakers are acknowledging: America has a big problem with over-incarceration, and its pernicious effects are not limited to the grim confines inside of jailhouse walls.

Next month, the King County District Court will hold an inquest into the August 30, 2010, fatal shooting of First Nations carver John T. Williams by Seattle Police Officer Ian Birk.  An inquest looks like a trial, so you might imagine that we will soon learn whether Officer Birk committed a crime or will be found civilly liable for killing Mr. Williams, right?  Well, probably not.  The one thing that inquest juries cannot do is to determine liability.

With little public fanfare, other than a couple of newspaper articles and blog posts, two of Washington’s largest jails (Spokane County and King County) have seen significant decreases in inmate populations. This is a big deal, as Spokane County is hoping to build a new jail (they’ll vote on funding for the jail this spring). Similarly, several Puget Sound cities, including Seattle, were considering building their own jail because King County would no longer have bed space. What explains the decreases in inmate populations? Is it sustainable? Can other county jails replicate the trend? Let’s take a closer look. Read more

In September Governor Chris Gregoire, warning that Washington’s finances were “bouncing along the bottom,” by executive order decreed 6.3% across-the-board budget cuts for all state agencies. Just days before the Governor’s announcement the state spent almost $98,000 to execute Cal Brown, who had spent 17 years on death row for a crime committed in 1991. That sum was only the tip of the iceberg, however. As a recentreport by the Washington State Bar Association notes, the specter of a death sentence regularly adds a premium of half a million dollars or moreof legal and judicial costs per case.

A broken criminal justice system doesn’t just affect felons, it impacts us. In an insightful article in The Pacific Northwest Inlander correspondent Leah Sottile discusses the many challenges individuals with criminal convictions face long after they’ve paid their debts to society. These “collateral consequences” hurt not only ex-felons, but also their children, as when their families cannot get stable and safe housing. A single mother with a non-violent drug conviction over 20 years old notes that she’s “going to have to move into a place that’s dangerous for my children…My children now have to grow up around the same things that influenced me to become a felon.”

Next Tuesday, Californians will vote on the historic Proposition 19, which would decriminalize adult possession and growing of marijuana for personal use. It would also allow cities and counties to adopt regulations permitting the commercial production and distribution of cannabis to consumers. More importantly, Proposition 19 would represent a huge step forward in ending the civil liberties and civil rights abuses fostered by the War on Drugs, like racist enforcement of drug prohibition. Read more

A recent story about a college party in tiny Roslyn, WA, in which nine people were taken to the hospital for possible overdoses, has received national media attention.  It’s alleged that drinks at the party were spiked with drugs (possibly Rohypnol, aka “roofies”), although authorities are still awaiting toxicology reports. If students were indeed drugged without consent, let’s hope law enforcement catches up with those responsible. However, a less talked about and equally disturbing aspect of the story is that “not one person chose to call 911." This is unfortunate on several levels, but most glaringly because Washington state recently enacted a law specifically designed to deal with this type of situation. The 911 Good Samaritan law works as follows: If you think you’re witnessing a drug overdose and seek medical help, you will receive immunity from criminal charges of drug possession.  The overdose victim you’re helping is protected, too. Calling 911 is always the right response.