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CEDAW, ICCPR

Has Police Misconduct and Excessive Use of Force in the US Decrease Post-George Floyd?

Sep 11, 2023 by Quianna Canada 0 Comments #Article 6, #Article 8

Has Police Misconduct and Excessive Use of Force in the US Decrease Post-George Floyd?

It has been nearly 3-years since the murder of George Floyd and there are still no signs from the US Senate that it intends to combat police excessive use of force, racial bias in policing and police misconduct.

Excessive force against African Americans has been a persistent problem in the US. Due to law enforcement’s discriminatory treatment against marginalized communities, the House of Representatives introduced the George Floyd Justice Policing Act, the Eric Garner Excessive Use of Force Prevention Act, the Stop Militarizing Law Enforcement Act and the End Racial and Religious Profiling Act, all of which has either been stalled in its introductory phase or has not made it pass the Senate.

At the time of this article, 42% of individuals who identify as African American or Black reported personal discrimination by American law enforcement. There are eleven specific cases that breathe more life into this harrowing statistic.

Amaurie Johnson

In 2021, La Mesa police officer Matthew Dages falsely arrested Amaurie Johnson. Dages alleged that Johnson assaulted him during the encounter. However, video footage of the incident did not show Johnson assaulting Dages. As a result, Johnson sued the city on grounds of racial discrimination, excessive force, and wrongful imprisonment.

After footage of the incident went viral, the La Mesa police department decided not charge Johnson. However, a US jury still acquitted the police officer,[1] even though video evidence did not support Dages version of events.

In La Mesa, Whites make up 54.4% of the population, followed by Hispanics, who make 25.8%. Black American comprise of 7.3% of the population.[2]

Shane Lee Brown

In 2022, Las Vegas police officers misidentified Shane Lee Brown for a suspect of a different race and twice his age. Although Brown continued to explain to police that he was not the suspect, law enforcement officers held Brown in pre-trial custody for eight days.[3]

Michael Jennings

During the same year, a Childersburg officer wrongfully arrested Michael Jennings while he was watering the neighbor’s flowers. Under Alabama law, an officer “may stop any person abroad in a public place.”[4] Nonetheless, Jennings was not in a public place; he was on private property. This case demonstrates that even if a citizen is not committing, has not committed or is not about to commit a crime, the officer may still racially profile an individual if they feel they are committing, has committed or is about to commit a crime.

Johnathan William Ellish

Two months after the Jennings incident, East Ridge police officers used excessive force on Johnathan Ellish. Bystanders who recorded the incident on their cell-phones assert the Tennessee police officers arrested them in retaliation for documenting the Ellish incident.

Jamie Satterfield also reported that East Ridge police pushed a woman’s face onto a police cruiser and arrested her for disorderly conduct after she recorded them shooting an unarmed woman with a stun gun.[5] Satterfield stated that camera footage showed police officers using a stun gun on unarmed citizens within minutes of encountering them.[6]

It is worth mentioning here that White allies are often brutalized in the US for coming to the defense of African Americans. One need only refer to the case of Ronald Cummins, who East Ridge police officers’ assaulted and falsely arrested when he questioned their ill-treatment of a Black motorist in 2021.

Eddie Irizzary

On August 14, 2023, Philadelphia police officer, Mark Dial, shot and killed Eddie Irizzary. Philadelphia Police Department initially claimed that Irizzary lunged at police officers with a knife.[7] However, surveillance footage demonstrates that never happened. The surveillance showed Dial approaching Irizzary’s vehicle with his gun drawn. Although Irizzary remained in his vehicle with his window up, Dial fired six shots into the driver’s seat.

US Law Enforcement’s Violence Against Women

Safiya Satchel

In 2020, Jordy Yanes Martel, a Miami-Dade police officer abused his authority when he forcibly removed Safiya Satchel out of her vehicle and slammed her to the ground. He then knelt on her neck and tased her stomach, which was carrying her unborn child. According to reports, Satchel had miscarried, though it’s unclear if this was the result of the unreasonable use force.

Fort Lauderdale Victim

A Fort Lauderdale police officer charged an un-named Black woman with battery after she elected not to get out of her vehicle. Body-worn camera footage shows the woman waiting in her and talking on the phone to her mother. When the Fort Lauderdale officer walks up, he demands that the woman step out of her car. However, she refused. This led to the police officer opening the driver’s door. He then pulled the woman out of the car and threw her to the ground. The woman asserted that the police officer struck her in the face repeatedly, causing bruises to her eyes and face.[8]

Nerilla Laurent

In June 2023, Boca Raton police received a “domestic situation” call, where a couple’s car stalled on the road. Boca Raton officer Matthew McNichol forced Nerilla, a pregnant woman, to the ground and put his knee on her back. He then placed Nerilla in a heated patrol car and did not let down the windows.[9] Nerilla said to McNichol that she was coughing because she could not breathe. Nerilla was charged with resisting an officer without violence. Although Nerilla may have had an active warrant for driving with a suspended license, this fact alone does not justify the forced McNichol used on her.

Los Angeles Woman

The same month, a Los Angeles County Sheriff’s deputy threw an un-named Black woman to the ground after she recorded the sheriff’s interaction with her husband.[10] Bystander video shows the deputy hurling the woman the ground, placing his knee on her neck, and pepper spraying her face.

Ta’Kiya Young

On August 24, 2023, Ta’Kiya Young walked into a Kroger’s store, shoplifted multiple bottles of alcohol, and was shot by Blendon Township police officers. This is yet another case that raises the question as to whether shoplifting in the U.S. in punishable by death.

While I personally do not condone Young’s actions, this was not a situation that called for the deadly use force. First, Kroger had surveillance of the alleged suspect shoplifting the alcohol, which means Blendon Township officers had a physical description of who would later be identified as Young. Second, authorities released surveillance footage of the parking lot where the incident transpired, which illustrates they had a description of her license plate.

Body-worn camera footage shows Young attempted to drive away from the scene—likely out of fear and to evade consequences. If it were to evade consequences, it is abundantly clear that the Blendon Township officer escalated the incident when he stepped in front of Young’s vehicle.

Theoretically speaking, if Young drove away with the merchandise, Blendon Township officers could have charged her with fleeing the scene and shoplifting. A warrant could have been issued and the matter would have been dealt with in court. In other words, Young and her unborn child would still be alive today. But as we have seen, the officers chose to escalate the incident and used deadly force on a woman whose crime cost less than $200.00. The Human Rights Committee has articulated crimes not resulting and intentionally in death, such as economic crimes, can never serve as the basis for the imposition of the death penalty under Article 6 of the International Covenant on Civil and Political Rights.

Oniqua Morris

During the weekend of September 3, 2023, Morgan City police officers responded to a confrontation between two men. Oniqua Morris, an individual in the parking lot, made attempts to de-escalate the altercation by pulling one of the men away, but officer David Leonard Jr. forcefully shoved her to the ground. He then proceeded to shove another Black woman and pepper sprayed two African American men.

The Violence Against Women Act

President Biden signed into the law the Violence Against Women Reauthorization Act of 2022 (VAWA) which protects women against domestic violence, sexual assault, dating violence and stalking.[11] However, the VAWA does not establish a federal civil cause of action for victims of violence perpetrated by police officers.

Gender-based violence inhibits women’s ability to enjoy rights and freedoms on a basis of equality with men.[12] Article 8 of the Convention for the Elimination of Discrimination Against Women applies to violence perpetrated by public authorities, such as police officers. Police brutality undoubtedly breaches the US’s obligation to protect under international human rights law. To be sure, international human rights courts have found that a State’s failure to act with due diligence to protect women from violence constitutes a form of discrimination that denies women their right to equality before the law.[13]

Use of Force and At-Risk Groups

Based on an earlier report, nearly 90% of the excessive force incidents identified by the Department of Justice involved excessive force used against African Americans.[14] In the 880 cases reviewed, the DOJ found African Americans accounted for some 88% of the subjects of non-deadly force used by BPD officers. In June 2023, the DOJ conceded that the Minneapolis Police Department used unjustified deadly force, the use of taser and excessive force against African Americans and Native Americans.[15] To put thing into perspective, MPD stopped 64,000 African Americans, yet they account for 18.4 % of the population. They also stopped 4,800 Native American individuals.[16] The 2022 Census found that Whites comprise of 63.1% of the Minneapolis population.[17]

Evidence shows African Americans were stopped 6.5 times the rate at which it stopped White Americans.[18] Even though the DOJ acknowledged that discipline for MPD officer misconduct is rare[19] and made several recommendations to improve training and reduce racial disparities, the report does not outline any action on part of the DOJ that would discipline Minneapolis police officers who engage in pretextual traffic stops, racial bias in policing, excessive force, and police misconduct.[20]

Are US Courts Convicting Police Officers for Malfeasance?

In 2021, Dewayne Emberton filed suit against Chase Winkle, a Muncie police officer, alleging that Winkle violated his constitutional rights during an arrest. Specifically, Emberton asserted that Winkle tasered him and inflicted bodily harm. Emberton further claimed that since Winkle’s father was Muncie’s chief of police, the City allowed the officer to get away with numerous civil rights violations. Irrespective of these contentions, the Court dismissed Emberton’s claim against Winkle for failure to furnish summonses in time. Nonetheless, the Court allowed the suit to remain active against the city of Muncie.

This year, a court sentenced Winkle to 10-years in prison for physically assaulting five arrestees and falsifying numerous reports.[21] In 2018, Winkle struck a teenager twice in the head with a closed fist and slapped him in the face twice.[22] Winkle also slapped another teenager in the face during the same incident, while they were being handcuffed by another officer.[23] During another incident, Winkle knocked a suspect unconscious and wrote a false police report about the incident.[24] It is quite likely that Emberton was one of the victims named in the DOJ press release. Another individual Winkle assaulted was an Italian man, Manny Montero. Judge Tanya Walton stated that Winkle’s actions “terrorized the community.”

A court sentenced another Muncie police officer, Jeremy Gibson, to 14-months in prison for his participation and involvement in the assault of Montero.

It cannot be denied that Winkle and Gibson were sentenced for their crimes. However, these are exceptional cases. For instance, the 9th Circuit found that officer Edward Agdeppa was entitled to qualified immunity in the killing of Albert Ramon Dorsey, whose singing in a 24-hour Fitness gym locker room created a disturbance. Reports further claim that Dorsey had trespassed, which is not an offence punishable by death.

A study found police and prosecutors rarely convict or discipline police officers for actions that lead to a wrongful conviction.[25] Even when prosecutors do pursue punishment, police officers are given light sentences (e.g. the Satchel incident). In that study, Black defendants were more likely than White defendants to be victims of police misconduct. The study also found more than half of all wrongful criminal convictions were caused by government misconduct.

No Policies at the Federal Level to Eliminate Racial Profiling

There are currently no policies or procedures at the federal level that would require federal law enforcement agencies to eliminate racial profiling.[26]

Last year, the Committee on the Elimination of Racial Discrimination stated the persistence of racial profiling by law enforcement officers in the US was concerning. The CERD further noted the persistence of excessive use of force by American law enforcement officials and urged the US to adopt policies regulating the use of lethal force that are in accordance with international law and international standards.[27]

Despite the recommendations of the CERD, the US Government has yet to pass legislation that would tackle police misconduct against African Americans, as they remain disproportionately affected by police mistreatment. Further, the US Government still has not ratified the CEDAW and has failed to repeal the doctrine of qualified immunity, a defensive strategy that emboldens police officers to engage in misconduct and allows persecution against marginalized communities to continue.

Recommendations

Thus, I call on the US Government to:

– Repeal the qualified immunity doctrine; and

– Ratify the CEDAW — the US must refrain from engaging in any act or practice of discrimination against woman and, must ensure that police departments and its officers act in conformity with the obligation of non-discrimination.

I also call on the US Senate to pass:

– The George Floyd Justice Policing Act

This Act lowers the criminal intent standard from willful to knowing or reckless. It serves to convict law enforcement officers for misconduct in a federal prosecution.

– The Eric Garner Excessive Use of Force Prevention Act

This Act prohibits the application of different punishments, pains or penalties, such as chokeholds, based on an individual’s status, color or race.

– The Stop Militarizing Law Enforcement Act

This bill restricts the Department of Defense from transferring certain surplus military property, such as firearms, ammunitions and weaponized drones, to federal, state, or local law enforcement agencies, which are often used at protest to chill speech and disperse the people’s freedom of assembly in their call for justice.

– The End Racial and Religious Profiling Act

This Act would eliminate racial profiling at the federal, state and local levels and authorizes individuals to call on the Department of Justice to bring civil suits on their behalf.

[1] Hernandez, D. (2021) Former La Mesa officer charged with filing false police report in arrest of Black man. San Diego Union-Tribune.

[2] California Demographics. (n.d.). Is La Mesa the best California city for your business.

[3] BBC News. (2022). US Black man mistaken for older White suspect – lawsuit, BBC News.

[4] Burke, M (2022). Black Alabama pastor says he was wrongfully arrested while watering his neigbor’s flowers, NBC News

[5] Satterfield, J. (2022). Suits against East Ridge cops over excessive force and false charges pile up, Tennessee Lookout. Available at: https://tennesseelookout.com/2022/10/03/suits-against-east-ridge-cops-over-excessive-force-and-false-charges-pile-up/

[6] Id.

[7] ABC 7 Chicago. (2023). Cop charged with murder after deadly shooting: bodycam video released. YouTube.

[8] Indisputable. (2023). Exclusive: Black Woman Bruised, Battered by Feckless Florida Cop.

[9] WPTV News. (2023). ‘I hadn’t done anything:’ Woman arrested in Boca Raton traffic stop. YouTube.

[10] GMA. (2023). Video shows LA County sheriff’s deputy throw woman to the ground outside store.

[11] WH. (2022). Fact Sheet: Reauthorization of the Violence Against Women Act (VAWA). White House. Available at: https://www.whitehouse.gov/briefing-room/statements-release/2022/03/16/fact-sheet-reauthorization-of-the-violence-against-women-act-vawa/

[12] UN Committee on the Elimination of Discrimination Against Women. (1992). CEDAW General Recommendation No. 19: Violence against women, 1992, available at: https://www.refworld.org/docid/52d920c54.html [accessed 26 August 2023].

[13] IACHR. (2018). African Americans, Police Use of Force, and Human Rights in the United States. OEA/Ser.L/V/II., Doc. 156, at p. 129, para. 523

[14] US DOJ (2016). Investigation of the Baltimore City Police Department, see p. 47.

[15] Office of Public Affairs (2023). Justice Department Finds Civil Rights Violations by the Minneapolis Police Department and the City of Minneapolis.

[16] DOJ. (2023). Investigation of the City of Minneapolis and the Minneapolis Police Department, p. 32.

[17] United States Census Bureau (2022). QuickFacts Minneapolis city, Minnesota.

[18] Id.

[19] Id., p. 76.

[20] Id., pp. 27-28

[21] DOJ. (2022). Former Muncie, Indiana, Police Officer Pleads Guilty to Eleven Civil Rights and Obstruction Offenses for Assaulting Arrestees and Writing False Reports. U.S. Department of Justice. [date accessed 10 September 2023].

[22] Id.

[23] Id.

[24] Id.

[25] Jackman, T. (2020). More than half of all wrongful criminal convictions are caused by government misconduct, study finds.

[26] See S.597, End Racial and Religious Profiling Act.

[27] CERD/C/USA/CO/10-12

ECHR, Gun Violence US, ICCPR

Examining the Inconsistencies: Why the US Government’s Portrayal of the Kimbrady Case Lacks Credibility

Jul 6, 2023 by JTC AI 0 Comments #Article 6, #Freedom of Expression

Examining the Inconsistencies: Why the US Government’s Portrayal of the Kimbrady Case Lacks Credibility

First, my heart is heavy with sorrow for all the families in the US who have endured immeasurable pain and irreparable loss, as they bear the unbearable burden of losing a cherished soul to the unforgivable atrocity of the recent act of gun violence that plagues our streets.

Now, to some uncomfortable truths while not losing sight of the horror that guns have caused for so many innocent people: the Kimbrady Carriker case, as portrayed by American media, lacks credibility when examined closely. It is essential to apply critical thinking and thorough analysis to the evidence presented before forming conclusions. When we scrutinize the available information, several inconsistencies and questionable assertions emerge, further weakening the narrative put out by the US government.

To begin, it has been alleged that Kimbrady was a supporter of the Black Lives Matter (BLM) movement. However, if we assume that Kimbrady had extremist tendencies, as it is claimed, it is highly unlikely that their first target would be Black Americans. BLM’s core purpose is to advocate for justice and equality for Black lives, so it is contradictory to suggest that a supposed BLM supporter would target the very community they claim to support. With that said, no individual should be exposed to an act of gun violence on the basis of their skin color, gender identity, sexual orientation or religious beliefs.

Additionally, conflicting reports regarding Kimbrady’s gender identity raise doubts about their status as a transgender individual. Contrary to initial claims, their grandmother stated that Kimbrady was gay, not transgender. It is crucial to respect an individual’s self-identification and avoid making assumptions based solely on external appearances. Merely dressing in clothing associated with a different gender does not automatically indicate transgender identity.

The US further alleges that Kimbrady stated they committed the shooting to address gun violence. However, this assertion is highly questionable, as it goes against the principles of the gun-control movement. Advocates for gun control, like Journey to the Center, firmly believe in resolving issues through peaceful means and would never resort to violence or the use of firearms to further our cause. Therefore, such a claim appears inconsistent with the beliefs of gun-control proponents.

Moreover, we must critically examine the alleged religious affiliation of Kimbrady. While it is true that transgender individuals, including trans women, can be spiritual or religious, linking religious beliefs to the alleged attack lacks evidential support and is misleading.

It’s worth mentioning here that the experiences of transgender women often center around personal gender identity struggles, including discrimination and social exclusion, rather than using religion as a rallying point for violent actions. Studies consistently highlight that violence against transgender individuals is more commonly perpetrated against them rather than by them.

Additionally, the reported facts surrounding the case raise suspicions. While it is true that any individual, regardless of their gender identity, can commit heinous acts, it is vital to carefully evaluate the evidence presented. In this instance, inconsistencies and potential ulterior motives warrant further investigation before making conclusive judgments.

To be sure, a confidential source in the US claims that Kimbrady did not identify as a trans woman but male when booked into custody. This raises compelling doubts about the accuracy of the narrative being disseminated by US media.

It is essential to consider this information, examine all available facts, and be cautious about drawing premature conclusions based on incomplete or inconsistent data put out by our government.

Ultimately, it is imperative for the US to focus on the lives affected by this horrific attack and the broader issue of gun control, rather than perpetuating fear and stigmatizing trans women. Throughout history, marginalized communities have been disproportionately subjected to demonization, while systemic issues remain unaddressed. Indeed, research shows the US’s failure to protect Americans from gun violence may violate international law.

It is high time to shift our collective focus towards preventing future tragedies and creating a society that embraces inclusivity, justice, and understanding. Congress has the power to prevent gun violence in the US. The question is: will they?

In conclusion, the Kimbrady case, as presented, fails to withstand scrutiny when the available evidence is carefully evaluated. It is crucial that we approach this case with discernment, continuously questioning the inconsistencies and biases present in the narrative. Rather than perpetuating fear and stigmatizing marginalized groups, let us prioritize understanding, justice, and comprehensive solutions that genuinely address the root causes of violence and injustice.

CRC

The Arbitrary Practice of Handcuffing US Children: Why Ratifying the UN Convention on the Rights of a Child is Crucial for Children Rights

Jun 28, 2023 by Quianna Canada 0 Comments #Article 6

The Arbitrary Practice of Handcuffing US Children: Why Ratifying the UN Convention on the Rights of a Child is Crucial for Children Rights

The US Government should implement a more compassionate approach to policing children. Recently, the Sacramento Police Department released body-worn camera footage of a 10-year-old crying, “I’m scared. I’m scared. I’m scared, Mommy. I’m scared. I don’t know what to do. I don’t know what to do,” after a Sacramento officer placed her in handcuffs.

If you think the Sacramento case is an isolated incident of a child handcuffed by police in the US, you be sadly mistaken. Based on the reporting of Yaron Steinbuch, “nearly 30,000 children under the age of 10—and a staggering 228,017 kids between the ages of 10 and 12—have been arrested” in the US during a recent five-year span[1] and placed in handcuffs.

6 Incidents Where Children Have Been Handcuffed

2007 Handcuff Incident—Law enforcement officers handcuffed a 6-year-old girl after she had a temper tantrum at school.[2] It was disturbing to learn that law enforcement officers took the 6-year-old girl to jail, where she was given a mugshot.[3] Reports further indicate law enforcement officers had placed handcuffs around the young girl’s biceps because her wrists were so small.[4]

2013 Handcuff Incident—An impoverished family sent their 5-year-old son to school with painted shoes to observe the school’s dress code. However, the family’s creativity resulted in law enforcement placing the 5-year-old in handcuffs. He was later escorted away in the back of a police car.[5]

2019 Handcuff Incident—A Douglas County Sherriff handcuffed an 11-year-old boy with autism while he banged his head against the wall. Although Douglas County initially charged the boy with misdemeanor assault, misdemeanor harassment, misdemeanor resisting arrest, and second-degree felony assault of a police officer, all charges against the boy have since been dropped.[6]

This wasn’t the only incident where a child with autism was restrained. In 2020, a school resource officer handcuffed a 7-year-old boy and left him restrained on the floor for nearly 40 minutes.[7]

2021 Handcuff Incident—A New York police officer handcuffed, pepper-sprayed and violently subdued a 9-year-old girl, which inspired protest across the city.[8]

2023 Handcuff Incident—A Walpole police officer handcuffed a 9-year-old boy with functional needs while he was having a mental health crisis in his third grade classroom.[9] A disturbing trend between 2016 and 2017 illustrated more than 9,000 public school students were physically restrained at schools across Massachusetts.[10]

Handcuffing of Children in International Law

While there may be circumstances when handcuffs are necessary to effect the arrest and transport of a child,[11] in my opinion, the circumstances above do not meet such a test.

First, handcuffs on children have been shown to invoke feelings of fear, inferiority and anxiety.[12]

Second, handcuffing a child may rise to the level of degrading treatment. In Ireland v. United Kingdom, the Court held that treatment arousing fear, anguish, or inferiority capable of humiliating or breaking the resistance of a person will amount to degrading treatment.[13]

While this case initially dealt with the treatment of adult suspects by authorities, Tobin argues the case’s underlying principle remains applicable to the treatment of children in a range of circumstances where they remain under the control of another person.[14]

Handcuffing Children May Not Meet the Rational Connection Test

Handcuffing a child must pursue a legitimate aim; be undertaken pursuant to a valid law, and must meet the rational connection test and the minimal impairment principle.[15]

Essentially, the rational connection test means the limit of rights must be rationally connected to the objective.[16] There must be a causal link between the impugned measure and the pressing and substantial objective.[17]

It is clear the Sacramento officers were conducting raid on a home. However, the Sacramento Police Department have yet to release to the public evidence that the 10-year-old girl was the subject of their investigation.

A review of the body-worn camera footage further illustrate the 10-year-old girl was not ‘combative’ nor ‘belligerent.’ Therefore, the Sacramento officer’s handcuffing of the young girl was not an appropriate action to achieve a proper purpose: the execution of the alleged search warrant.

Handcuffing Children May Not Meet the Minimum Impairment Test

Sacramento officer’s handcuffing of the young girl also fails the minimum impairment test. In Carter v. Canada (Attorney General), [2015] 1 S.C.R. 331,[18] the Court stated the limit must impair the right or freedom no more than is reasonably necessary to accomplish the objective.

Sacramento Police officers cannot demonstrate there were no less rights-impairing means available to achieve their objective “in a real and substantial manner,”[19] when they handcuffed the young girl to get access to the home.

It is worth stating at this point that law enforcement officers cannot handcuff a child who do not pose an imminent threat of injury to themselves or others.[20] Even when children may pose an imminent threat of injury to themselves or others, law enforcement officers must still show all other means of control have been exhausted.[21] Indeed, the General comment makes clear that handcuffs should never be used on children to secure compliance or as a means of punishment.[22]

Handcuffing a Child Constitutes Detention

Article 37(b) of the UN Convention on the Rights of the Child provides that the principle of last resort and shortest appropriate period is associated with arrest, detention, and imprisonment.[23] When law enforcement officers handcuff a child they are fundamentally placing the child under their custodial care (i.e., detention).

The US Government may argue that handcuffing children is contemplated under domestic law and is therefore consistent with the requirement that any deprivation of liberty is lawful. However, Tobin makes clear that compliance with domestic law alone is insufficient.[24] Moreover, any deprivation of liberty must be consistent with international law.[25]

The Arbitrary Practice of Handcuffing US Children: Why Ratifying the UN Convention on the Rights of a Child is Crucial for Children Rights

The US is the only country that has not ratified the UN Convention on the Rights of the Child. While this critique of the US will be ineffective, ratification indicates that a State consents to be bound to a treaty. One of the most important benefits of ratifying the UN Convention on the Rights of the Child is the protection against arbitrary and caprious practices by those with rank.

In light of this fact, I would urge the US to strongly consider ratifying the UN Convention on the Rights of the Child to protect those most vulnerable from abuses of authority.

References

[1] Steinbuch, Yaron. “Nearly 30,000 US Kids under Age 10 Have Been Arrested in the Past 5 Years.” New York Post, 30 Sept. 2019, nypost.com/2019/09/30/nearly-30000-us-kids-under-age-10-have-been-arrested-in-the-past-5-years/.

[2] Trounstine, Jean, et al. “Keep Kids Out of Handcuffs.” Truthout, 15 May 2015, truthout.org/articles/keep-kids-out-of-handcuffs/.

[3] Id.

[4] Id.

[5] Id.

[6] Ockerman, Emma. “Cops Allegedly Handcuffed an 11-Year-Old with Autism While He Banged His Head against the Wall.” VICE, 10 Mar. 2021, www.vice.com/en/article/akdm9g/cops-allegedly-handcuffed-an-11-year-old-with-autism-while-he-banged-his-head-against-the-wall.

[7] Burke, Minyvonne. “7-Year-Old Boy with Autism Handcuffed, Held on Floor by School Resource Officer.” NBCNews.Com, 13 Oct. 2020, www.nbcnews.com/news/us-news/7-year-old-boy-autism-handcuffed-held-floor-school-resource-n1243168.

[8] Abrams, Laura S., and Elizabeth S. Barnert. “Children in Distress Aren’t Criminals. Stop Handcuffing Them.” The Washington Post, 24 Feb. 2021, www.washingtonpost.com/opinions/2021/02/24/children-distress-arent-criminals-stop-handcuffing-them/.

[9] Jarmanning, Ally. “A Black 9-Year-Old Was Handcuffed in His Classroom, Walpole Family Says.” WBUR News, 5 May 2023, www.wbur.org/news/2023/05/04/massachusetts-black-child-special-needs-handcuffs.

[10] Id, this includes physical holds like bear hugs, straps or belts.

[11]Tobin, John W. “Time to remove the shackles: The legality of restraints on children deprived of their liberty under international law”. The International Journal of Children’s Rights 9.3 (2001): 213-239, see p. 230, https://doi.org/10.1163/15718180120494946 Web.

[12] Id., p. 228.

[13] Ireland v. UK (n 66) para 162.

[14] Tobin, John W. “Article 37: Protection against Torture, Capital Punishment, and Arbitrary Deprivation of Liberty”. The UN Convention on the Rights of the Child: A Commentary. Oxford University Press (2019): p. 1459.

[15] Tobin, John W. “Article 16: The Right to Protection of Privacy, Family, Home, Correspondence, Honour, and Reputation”. The UN Convention on the Rights of the Child: A Commentary. Oxford University Press (2019): p.563.

[16] Government of Canada, Department of Justice. “Section 1 – Reasonable Limits.” Charterpedia, 14 Apr. 2022, www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art1.html#shr-pg0.

[17] Id.

[18] Carter v. Canada (Attorney General), [2015] 1 S.C.R. 331, at paragraph 102; citing Hutterian Brethren, [2009] 2 S.C.R. 567, at paragraph 55

[19] Id.

[20] United Nations. “General Comment No. 24 (2019) on Children’s Rights in the Child Justice System.” United Nations General Assembly, CRC/C/GC/24, 18 Sept. 2019, para. 9, support.microsoft.com/en-us/windows/find-my-downloads-in-windows-10-de903ee9-7d37-256b-9145-f0f016c5aed8.

[21] Id.

[22] Id.

[23] Supra, note 14, p. 1473.

[24] Supra, note 11, p. 222.

[25] Id.

ICERD

A Country Researcher’s Review of Brent Staples’ Black Men in Public Space

Jun 25, 2023 by Quianna Canada 0 Comments #Article 2, #Article 3, #Article 4, #Article 5, #Article 6

A Country Researcher’s Review of Brent Staples’ Black Men in Public Space

This is my review of Brent Staples’ Black Men in Public Space. I am posting this review and analysis as a journal entry on the assignments I particularly enjoyed reading about while taking my Honours English class.

This piece is a harrowing exposé into the experience of Black men in the United States of America; the micro-aggressions, and implicit bias they repeatedly encounter. My first observation while reading Staples’ piece is that it gloomily shows how Black males—boys, teenagers or university students—are perceived as criminals and aggressors in American society. Whereas, those who they encounter are perceived as victims.

Staples further describes how Blackness is seen as intimidating and threatening to people in the United States. For me, this calls to mind instances of “driving while Black.” Where Blackness meets Whiteness, we often see Whiteness clutching handbags, locking car doors, policing Blackness in neighborhoods, following Blackness around in departments stores, and so on.

A Country Researcher’s Review of Brent Staples’ Black Men in Public Space. Does Society See Black Men in America As Criminals?

Staples’ piece also illustrates how Black men, who may find themselves in respectable occupations, are still perceived by society as criminals and thugs. For example, Staples described how police officers misidentified him as a killer (Staples, 1986). Police officers also held Staples at gunpoint irrespective of his status as a reporter (Staples, 1986). A similar incident happened to Dion Rabouin, a reporter for the Wall Street Journal. In the video uploaded to YouTube, we see a police officer arresting Rabouin and commanding him to take a seat. He also threatens Rabouin with a charge of obstruction if he did not comply (Rebel HQ, 2023). In 2020, police in riot gear arrested Omar Jimenez, a Black correspondent for CNN, who was covering the protests in Minneapolis. Despite identifying himself as a reporter and complying with their request, Jimenez was taken into police custody (CNN, 2020). To be fair, Minneapolis police also arrested a CNN producer, who happened to be White.

My last observation is Staples’ attempt at enculturation and assimilation. To read that Staples felt he had to “whistle melodies from Beethoven and Vivaldi” (Staples, 1986) to not be perceived as non-threatening is surreal. It cannot be denied that Black Americans often engage in these self-preserving behaviours to provide those in their environment with comfort, so that Blackness can live to see another day.

If you enjoyed reading Review of Brent Staples’ Black Men in Public Space, be sure that like, share and comment.

References

CNN. Police arrest CNN correspondent Omar Jimenez and crew on live television. 29 May 2020. https://www.youtube.com/watch?v=ftLzQefpBvM. 19 January 2023.

Rebel HQ. AZ Police Detain Law Abiding Black Reporter. 06 January 2023. YouTube. 19 January 2023.

Staples, Brent. Black Men in Public Spaces. 1986. https://harpers.org/archive/1986/12/black-men-and-public-space/ . 19 January 2023.

Gun Violence US, ICCPR

US Country Conditions Researcher: Congress Has the Power to Stop Gun Violence; Will They?

Jun 22, 2023 by Quianna Canada 0 Comments #Article 6

US Country Conditions Researcher: Congress Has the Power to Stop Gun Violence; Will They?

The US has seen a rapid increase in gun-related homicides that has consequently affected children, families and communities.

Based on prior research, more than 25% of children will witness an act of gun violence in their lives.[1] Not only will children hear and witness gun-related incidents, such as losing a family member to this form of violence, but they will also be directly exposed to gun-related violence.[2] This exposure can take the form of threats, injury or death.[3]

Research further indicates children residing in the South will experience higher baseline levels of violence exposure than children residing in other parts of the US.[4] Another distressing fact is that Black children were exposed to firearm violence more in their neighborhoods than White children.[5] Earlier this year, this frightening statistic took shape for Aderrien Murry after he called 911 for help. Murry would later find himself shot in the chest by an Indianola police sergeant.[6]

By good fortune, Murry was released from the hospital and is expected to recover. However, other families will not receive such fortunate news. “This is scary. We got kids with firearms,” Sparkle Norman told WMBD News after losing her 15-year-old nephew, Emarion Carpenter, to guns. “It’s not safe. These are our babies leaving us,” Norman continued.

Family members disclosed that Carpenter immediately succumbed to the gun shot injury that penetrated his chest.[7] “We’re human too. We love our babies too. We want our babies when we wake up—we want to tell our babies good night,” Norman implored.

Norman is not the only guardian shaken by the recent spur of gun violence. “Why is it so bad?” Why is there a 7-year-old with a bloody gun!”[8] a Newport News mother anguishly asks a reporter, after a 6-year-old shot a teacher in Virginia.

The difficulties in combating gun violence in the US have induced Canada, Ireland, Germany, Japan, New Zealand and Australia to issue travel advisories for its citizens.[9]

As a counterbalance, President Biden urged Congress to enshrine tough gun restrictions into US legislation. Despite the President’s call-to-action, the Protecting Our Kids Act (H.R. 7910)[10] has been stalled in the Senate. This bill would provide for an increased age limit on certain firearms. It would also prevent gun trafficking, modernize the prohibition of untraceable firearms and encourage the safe storage of firearms.

The Assault Weapons Ban of 2023 (S.25),[11] which President Biden urged Congress to pass, has also been stalled. This bill would limit arms on the street by regulating assault weapons.

Newly introduced bills, such as Gun Trafficker Detection Act (H.R. 2418)[12] and Pause for Gun Safety Act (H.R. 2392)[13] have been introduced for conflict resolution purposes.

The re-introduced Gun Trafficker Detection Act would require lost or stolen firearms to be reported to law enforcement authorities within 48 hours. Additionally, the Pause for Gun Safety Act would require sellers to comply with the Act’s seven-day waiting period before a firearm is released to a potential buyer.

“The fight for the right to life is not the cause of a special few, but the cause of every man, woman and child who cares not only about his or her own family, but the whole family of man.”

Mildred Fay Jefferson

While I commend Representative Slotkin for introducing this bill, these solutions may do more harm than good.

First, an individual purchasing a firearm to harm themselves or to commit a mass shooting may not have a criminal history. It is also likely that systems will not “red flag” a transferee’s alleged mental history, which renders the seven-day waiting period ineffective.

Second, inviting a transferor to determine whether a transferee will use or may intend to use a firearm for a crime opens the appeal to probability. For example, there are beliefs in the US that most Blacks are violent and aggressive.[14]

If transferors were permitted to act on their beliefs, on the assumption that Blacks are more violent, aggressive and must be kept away from firearms, transferors would inevitably reject the sale. To be sure, reports show Blacks have been denied concealed-carry licenses despite not having a criminal record or violent history.[15] A review of the reasons provided show the transferors argued the men had a “propensity for violence or instability,” a stereotype that could befall any potential gun-owner.

While I staunchly condemn the level of gun freedoms the US Constitution and Congress has given to Americans, I cannot deny that the Act would give transferors unfettered discretion to pick and choose who owns a firearm. This discretion could put more children, families and communities at risk.

It is worth stating at this point that it is difficult to tell, just by looking at someone, if they have a propensity for violence or instability. One need only look to the Texas mall outlet shooting earlier this year, where a perpetrator with no criminal history passed the National Instant Criminal Background Check system, later committing one of the most deadliest mass shootings we’ve seen this year. On reflection, it seems more accurate to say amending the Second Amendment is a better solution.

It is abundantly clear that this culture of violence has rocked the nation and has placed communities in fear. In the last 72 hrs., more than a 150 people have lost their lives to guns. This is approximately 50 lives lost per day.

US Country Conditions Researcher: Congress Has the Power to Stop Gun Violence; Will They? If it Does Not, is International Law the Answer?

The prevalence of gun violence in the US violates the right to life and the right to security of person. Under the ICCPR, the US has a positive obligation of due diligence to prevent violations of the right to life. According to Maria Monnheimer, states have a general obligation to provide legislative human rights protection. Should Congress fail to enact gun-control legislation that protects the right to life, this could constitute a failure to comply with its international human rights obligations.

In the words of Mildred Fay Jefferson, “The fight for the right to life is not the cause of a special few, but the cause of every man, woman and child who cares not only about his or her own family, but the whole family of man.”

References

[1] Collins, Julie, and Emily Swoveland. “The Impact of Gun Violence: On Children, Families, & Communities.” Children’s Voice, vol. 23, no. 1, 2014, pp. 10–13. JSTOR, https://www.jstor.org/stable/48626388. Accessed 22 June 2023.

[2] Nickerson, Amanda, and Rohan, Sonali. “Effects of Firearm Violence on Children: Implications for its Prevention in Our Schools and Communities.” The Rockefeller Institute of Government. August 2022, https://rockinst.org/wp-content/uploads/2022/08/Effects-of-Firearm-Violence-on-Children.pdf

[3] Id.

[4] Holloway, K., Cahill, G., Tieu, T. et al. Reviewing the Literature on the Impact of Gun Violence on Early Childhood Development. Curr Psychiatry Rep (2023). https://doi.org/10.1007/s11920-023-01428-6

[5] Id.

[6] Valencia, Nick, and Sayers, Devin M. “11-year-old Mississippi who was shot by responding police officer after calling 911 is released from the hospital.” CNN. May 2023, https://edition.cnn.com/2023/05/24/us/mississippi-police-shooting-11-year-old-boy/index.html

[7] WMBD News. “Family of Peoria 15-year-old killed in weekend shooting begs for gun violence to stop.” https://youtu.be/7JA3_CbtYIg

[8] NowThis. “British Mom Slams U.S. Gun Laws: How Does a 7-year-old Have a Gun?” NowThis News. January 2023, https://nowthisnews.com/news/watch-angry-british-mom-slams-us-gun-laws-how-does-a-7-year-old-have-a-gun

[9] Phang, Katie. “Gun violence and U.S. Tourism.” MSNBC YouTube. May 2023, https://youtu.be/N34l5TBR3Mo

[10] “H.R.7910 – 117th Congress (2021-2022): Protecting Our Kids Act.” Congress.gov, Library of Congress, https://www.congress.gov/bill/117th-congress/house-bill/7910. Accessed 22 June 2023.

[11] “S.25 – 118th Congress (2023-2024): Assault Weapons Ban of 2023.” Congress.Gov, Library of Congress, www.congress.gov/bill/118th-congress/senate-bill/25. Accessed 22 June 2023.

[12] “H.R.2418 – Gun Trafficker Detection Act .” Congress.Gov, Library of Congress, www.congress.gov/bill/118th-congress/house-bill/2418?s=1&r=71. Accessed 22 June 2023.

[13] “H.R.2392 – 118th Congress (2023-2024): Pause for Gun Safety Act.” Congress.Gov, Library of Congress, www.congress.gov/bill/118th-congress/house-bill/2392?s=1&r=20. Accessed 22 June 2023.

[14] Hurwitz, Jon, and Mark Peffley. “Public Perceptions of Race and Crime: The Role of Racial Stereotypes.” American Journal of Political Science, vol. 41, no. 2, 1997, pp. 375–401. JSTOR, https://doi.org/10.2307/2111769. Accessed 22 June 2023. See p. 380.

[15] Moyer, Justin Wm. “D.C. Won’t Give 3 Black Men Concealed-Carry Licenses. They’re Suing.” The Washington Post, 26 Oct. 2022, www.washingtonpost.com/dc-md-va/2022/10/27/guns-concealed-carry-lawsuit-discrimination/.

ICESCR

Opinion: President Joe Biden Should Use His Executive Privilege to Make it Easier for Americans to Reintegrate

May 23, 2023 by Quianna Canada 0 Comments #Article 6

Opinion: President Joe Biden Should Use His Executive Privilege to Make it Easier for Americans to Reintegrate.

The World Prison Brief puts the U.S. at number one at incarcerating the most people in the world. With over 2 million Americans incarcerated in U.S. prisons and jails, approximately 70 million are left with criminal records, raising the question as to whether there is a fresh start for incarcerated Americans.

Vox’s Senior Policy Reporter, Rachel M. Cohen, expressed that job applicants with criminal records are half as likely as those without them to get a callback or job offer. Moreover, Sen. Maria Elena Durazo found “about 75 percent of formerly incarcerated individuals are still unemployed after a year of their release.” These views are consistent with Gabriel Chin’s research, who found that a conviction can restrict one’s ability to live in public housing; to obtain government licenses and permits, and to receive other benefits.

The denial of employment and housing opportunities, and the deprivation of privileges and rights due to a past criminal conviction is often referred to as collateral consequences. That is to say, collateral consequences are legal disabilities imposed by law as a result of a criminal conviction, regardless of whether a convicted individual serves any time incarcerated.

“One of the things I never been accused of is not caring for people.”

President Joe Biden

The secret nature of collateral consequences, as Chin asserts in Reforming Criminal Justice: Punishment, Incarceration, and Release, has resulted in a criminal justice system that is arbitrary, unpredictable, costly, unfair, and in some ways counterproductive.” For example, dozens of sites who publish booking photos in the U.S. are demanding payment for their removal. Third party individuals are also republishing the mugshots to cyberbully and shame those who were previously incarcerated. Although the alleged owners were eventually arrested on charges of extortion, money laundering, and identity theft in 2016, similar websites remain accessible online without constraint.

President Joe Biden Should Use His Executive Privilege to Make it Easier for Americans to Reintegrate by Taking Most Mugshots Offline.

While mugshots are not considered public records at a federal level, the government’s position has precluded Americans from successfully claiming infringements on their private life against private media reportings. To illustrate this point, one need only refer to the government’s statement in Google Spain, where it ridiculed the European Court of Justice’s recognition of the right to be forgotten, arguing that such right remains inapplicable in the nation.

Joe Biden Should Use His Executive Privilege to Make it Easier for Americans to Reintegrate May 23, 2023 by Quianna Canada — Courtesy of Quianna Canada

It is worth stating at this point that the judicial branch has held collateral consequences are not punishment. Therefore, collateral consequences do not come within the gambit of the Eighth Amendment prohibition on cruel and unusual punishments, or the Fifth Amendment prohibition against double jeopardy.

President Joe Biden Should Use His Executive Power to Expand Automatic Sealing Eligibility for PIAs.

When previously incarcerated Americans (“PIAs”) cannot reintegrate into society, they are likely to recidivate to support themselves and their families. That is why, in my opinion, President Joe Biden should use his executive power to expand automatic sealing eligibility for PIAs. How would this look? An examination of Durazo’s bill, if passed, would give all PIAs, except registered sex offenders, the opportunity to have their convictions sealed. PIAs with violent, serious felony records would not be offered the automatic “clean slate.” However, they could petition to have their records sealed too.

It cannot be denied that the respect of one’s private life finds no explicit direct protection in the U.S. Constitution. Be that as it may, it is settled law amongst human rights courts that even individuals with criminal convictions have a right to privacy, and the right to be left alone. The state of California has created a template; the only action for the Biden administration to take is directing federal officials and administrative agencies to expand automatic sealing eligibility for PIAs.

If one weighs the pros and the cons, one soon realizes that collateral consequences and the shaming of American citizens by publicizing their mugshots only compounds the problem. It is for this reason that President Biden should alleviate the expenditure of energy used to help PIAs reintegrate by making use of his Executive power to seal their felony convictions. This executive action will show both, the U.S. and other nations, that the administration truly cares about its people.

Originally published November 22, 2022.

Announcements, Gun Violence US, ICCPR, ICERD

Calls for Accountability Grow as HRD Quianna Canada Condemns Shooting of Trans Organizer, Banko Brown

May 12, 2023 by JTC AI 0 Comments #Article 17, #Article 5 (iii), #Article 6

Calls for Accountability Grow as HRD Quianna Canada Condemns Shooting of Trans Organizer, Banko Brown

To Honorable Olivier De Schutter and the Esteemed Members of the Human Rights Committee,

I am writing to urge you to conduct a thorough investigation into the murder of Banko Brown, an American trans organizer, whose life was taken by a security guard on April 27, 2023. The tragic event has left not only his loved ones, but also the entire LGBTQ community he was fighting for, devastated and fearful for their safety.

The Walgreens security guard stopped Brown for shoplifting, and afterwards, a confrontation ensued. During the confrontation, the security guard fatally shot Brown. Several US security guards have gunned down shoplifters in the US, raising the question as to whether shoplifting is now punishable by death in the nation.

Article 6 of the International Covenant on Civil and Political Rights prohibits arbitrary deprivation of life. It also provides for specific conditions for the imposition of the death penalty with respect to countries that have not yet abolished it. Although the US ratified the Covenant on June 08, 1992, individual citizens cannot bring a complaint under the protocol.

The Human Rights Committee has articulated that countries such as the US—that have not abolished the death penalty—only may impose the death penalty for the most serious crimes. This means the US must interpret the term “most serious crimes” restrictively and should appertain only to crimes of extreme gravity, involving intentional killing. Evidence indicates that Brown was unarmed. Crimes not resulting directly and intentionally in death, such as economic crimes, can never serve as the basis for the imposition of the death penalty under Article 6.

Calls for Accountability Grow as HRD Quianna Canada Condemns Shooting of Trans Organizer, Banko Brown and Strangulation of Jordan Neely

The murder of Brown is not just a crime against an individual, but an attack on the fundamental principles of democracy and the rule of law. As with Jordan Neely, Brown could not fully enjoy his rights, such as the right to food, because he could not afford to buy adequate food. I would even go so far as to say that Brown was also unable to obtain food because of the persistent patterns of discrimination in political and social participation in the US.

How the U.S. Government Failed Brown:

Right to Adequate Housing: the US Government has not fulfilled its obligation to protect homeless persons nationwide. As per the UN, States should regulate the housing and rental markets in a way that promotes and protects the right to adequate housing.

Right to Adequate Food: Food was not available, accessible or adequate for Brown. While there is no right to be fed by the Government, Brown does have a right to feed himself in dignity (Right to Adequate Food, p. 3). Whenever individuals or groups are unable, for reasons beyond their control, to enjoy the right to food by the means at their disposal, the US has the obligation to provide. An example provided by the UN is providing food assistance or ensuring social safety nets for the most deprived.

Links between Brown’s Human Right to Food and Other human rights:

The right to life. When people are not able to feed themselves, they face the risk of death by starvation, malnutrition or resulting illnesses.

The murder of Brown and Neely sends a chilling message to other houseless individuals that their lives are at risk. Indeed, the murder of impoverished persons is a broader problem with vigilante justice in the US. It may indicate a lack of respect for human rights, embolden a culture of impunity for those who commit crimes against homeless persons, or may indicate state-sanctioned violence.

As the world’s leading intergovernmental organization promoting peace, justice, and human rights, the UN has a responsibility to investigate such cases and hold those responsible accountable. The UN must send a strong message that the murder of homeless persons will not be tolerated and that those responsible must face justice.

I therefore call on the UN to conduct a thorough and impartial investigation into the murder Brown and Neely, and to seek information as to why the perpetrators are not being brought to justice. It is critical that the UN take action to prevent further attacks on homeless persons in the US, and to uphold the values of democracy, freedom, and justice that are at the core of its mission.

Sincerely,

Journey to the Center

ICCPR

In a State of Mourning: US Gun Contracts, the Middle East and the Victims Affected

Apr 15, 2023 by Quianna Canada 0 Comments #Article 6

In a State of Mourning: US Gun Contracts, the Middle East and the Victims Affected.

Several innocent and vulnerable people in the Middle East have lost their lives due illicit firearm contracts formed by the United States.

In a State of Mourning: US Gun Contracts, the Middle East and the Victims Affected – the Countries Impacted

YEMEN: There has been an ongoing conflict in Yemen that has been fuelled by arms sales and transfers from the United States to other countries, which has called for gun-control there and has led a coalition of Arab states in support of the Yemeni government. The conflict has resulted in the deaths of tens of thousands of people in the region, including many civilians.

Reports indicate that dozens of Yemeni civilians, most of them children, were recently killed when an airstrike by U.S.-backed forces hit a bus in the rebel-held city of Dahyan.[1]

IRAQ: The United States has provided significant military aid and weaponry to the Iraqi government for multiple reasons. While this does not suggest the reasons are nefarious, some of these weapons have ended up in the hands of non-state actors, including extremist itself, which they have used to carry out attacks against Iraqi and coalition forces.

As a result, many Iraqi civilians continue mourn lives lost as of the result of U.S. firearm contracts.[2]

To support this cause for peace and gun-control in the Middle East, please send appeals to the human rights bodies below Urging Them to Protect the Middle East from the United States’ Gun Contracts:

List item 1

List item 2

List item 3

References

[1] Al-haj, A. (2018, August 9). Yemen rebels say Saudi coalition airstrike in North Kills 50. AP NEWS. Retrieved April 15, 2023, from https://apnews.com/article/yemen-ap-top-news-houthis-middle-east-international-news-3e5674e9d42f4ee19e582203128d1f92

[2] Kotsonis, S., & Chakrabarti, M. (2023, March 30). The American invasion of Iraq through an Iraqi’s eyes. On Point. Retrieved April 15, 2023, from https://www.wbur.org/onpoint/2023/03/30/20-years-of-chaos-in-iraq-through-iraqi-eyes

ICCPR

Shoplifting Now Punishable By Death in the U.S.?

Mar 4, 2023 by Quianna Canada 0 Comments #Article 6

Is shoplifting now punishable by death in the U.S.?

Shoplifting is the act of knowingly taking goods from an establishment in which they are displayed for sale, without paying for them.[1] In the U.S., store employees have certain powers of arrest. For instance, store employees may detain suspects outside of and inside the store premises if they believe an individual is attempting to take or, has unlawfully taken merchandise.[2]

Store employees also have a certain level of citizen’s arrest powers. However, this power only extends to felony offenses and not misdemeanors.[3] In the U.S., shoplifting is a misdemeanor not a felony. Therefore, the crime should not be punishable by death.

The Penalty for Shoplifting in the U.S.

In 2012, an off duty police officer shot a woman who he suspected was shoplifting at Wal-Mart. At the time he shot her, two children were seated in the back of the car. Six years after this particular incident, a security guard opened fire on a homeless man that he suspected was shoplifting at a Hollywood Walgreens.

Then in 2019, reports surfaced that four individuals rushed into a Pine Hills Wal-Mart and attempted to steal baby diapers. A Wal-Mart employee approached the suspected shoplifters, while they were loading the merchandise in the back of a car. After he approached the suspected shoplifters, an armed customer shot one of them with a gun. During the same year, a Walgreens’ clerk suspected a woman of shoplifting and called a friend for assistance. The friend arrived with a gun—confronted the woman—and shot her.

There is more. In 2022, a sergeant shot and killed a man who Dollar General employees suspected was shoplifting. While law enforcement officers contend the man had a criminal history, witnesses assert the man was a friendly regular in the neighborhood who should not have been shot.

The most recent shoplifting case that appears to be punishable by death in the U.S. is the Tysons Corner Mall incident. Employees at the Tysons Corner Mall suspected a Virginia man of shoplifting designer sunglasses. Loss prevention staff then called Virginia police officers, who chased the man into the forest. The policer officers shot and killed him. Despite conflicting reports, Chief Kevin Davis admits that officers found no weapon at the scene.

Should a Suspected Shoplifter be Shot Based on their Criminal Background?

According to Davis, the suspect in the February 2023 incident was well known to police in Virginia and had a “significant violent criminal history.” With this statement, Davis seems to be suggesting that law enforcement’s shooting of the suspect was justified.

The first thing that needs to be said is that I do not condone criminality despite the argument I will now present. The suspect’s alleged criminal record does not justify the shooting. First, it is unlikely that Macy’s Department store employees knew the suspect’s identity at the time of the incident or had access to his criminal history. Second, it is unlikely that law enforcement knew or had access to the same. To identify an individual, law enforcement officers would need to ask for the individual’s government vitals and then run it through their police system. It is unlikely Virginia police carried out this step before the suspect fled the scene. Indeed, Davis admits that when officers approached the suspect he fled.

Third, the suspect was running away from police officers. This is an indication that the suspect was in flight not fight mode. During the flight response to threat, the brain signals to the individual that there is danger. It then alerts the body to escape and flee to safety. This response is quite different from the fight response, where the body may experience a rush of adrenaline. In this response, an individual may resort to physical violence and aggression, which we can agree, did not happen during this incident. To reiterate, law enforcement officers found no weapon at the scene. Even if they thought the suspect would become violent, it was clear that he was out-numbered by two police officers. In other words, the police officers had the potential to overpower the suspect. This leads me to believe the shooting was not justified.

Shoplifting now punishable by death in the U.S.? Are We Following in the Footsteps of Non-democratic Regimes?

Afghanistan, China, Iran, Saudi Arabia, Iraq and North Korea impose a death penalty for theft, which leads me to believe we are following in the footsteps of these non-democratic regimes.

Article 6 of the International Covenant on Civil and Political Rights prohibits arbitrary deprivation of life. It also provides for specific conditions for the imposition of the death penalty with respect to countries that have not yet abolished it. Although the U.S. ratified the Covenant on June 08, 1992, individual citizens cannot bring a complaint under the protocol.

The Human Rights Committee has articulated that countries such as the U.S.—that have not abolished the death penalty—only may impose the death penalty for the most serious crimes.[4] This means the U.S. must interpret the term “most serious crimes” restrictively and should appertain only to crimes of extreme gravity, involving intentional killing.[5] Crimes not resulting directly and intentionally in death, such as economic crimes, can never serve as the basis for the imposition of the death penalty under Article 6.[6]

References

[1] Wikipedia. (n.d.). Shoplifting. Wikipedia. Available at: https://en.wikipedia.org/wiki/Shoplifting

[2] Id.

[3] Id.

[4] HRC (2019). Capital punishment and the implementation of the safeguards guaranteeing protection of the rights of those facing the death penalty. A/HRC/42/28, at para. 8. Available at: https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/42/28

[5] Id.

[6] Id.