A day at the courts
The strained relationship between the police and prosecutors is something about which I had heard a lot before my visit. Today, speaking with the Baltimore state’s attorney Patricia Jessamy, I was introduced to the magnitude of it.
Last year the police charged nearly 55,000 people. Of these nearly 10,000 were declined by the prosecutor. A further 15,000 needed substantive changes. That means that in a signifcant number of cases the police were not doing their job properly when it came to charging suspects. Mrs Jessamy described the relationship between the two bodies as “schizophrenic”.
There are two reasons that the charges either do not stick or need to be changed, according to Mrs Jessamy.
The first is that officers are arresting and charging people whom they want removed from the streets, but who they know has committed no real offence, according to Jessamy. When the charge sheet reaches prosecutors these ‘offences’ are considered ‘abated by arrest’. The second, she said, is that the police, under pressure to hit their clearance rates, charge people when they know the evidence will not withstand the scrutiny of a prosecutor.
In the UK there is a difference which eliminates these issues. Police officers cannot charge people with crimes. That is the job of the Crown Prosecution Service (CPS). The officers make the arrest, interview suspects and witnesses and gather evidence. Then they must pass the file to the CPS who will consider whether the case is strong enough to succeed.
This method was introduced so as to avoid allegations that police officers were charging suspects simply to hit performance targets, as is the suggestion here in Baltimore. It works relatively well although there is still tension between the two bodies, especially when police officers are told that a case, upon which they have spent considerable time, is not strong enough for trial.
Another issue I was aware existed in Baltimore’s court system was witness intimidation. Last year more than 2,800 criminal cases were dropped because a witness failed to appear at court. A further 665 were discontinued because a witness changed their story, very probably because they were intimidated.
In the UK we too have a similar issue. Witnesses are promised protection which can include relocation and anonymity. They can also give evidence from behind a screen or even via video link where the witness does not have to be in the same room (or even city) as the defendant. And, in the most serious cases, there is the promise of voice-changing techniques, making it harder for the witness to be identified.
In Baltimore I am told that very dangerous criminals remain on the streets because no-one will testify against them. In the UK I know of cases which remain unsolved for the very same reason. The simple fact remains, in both countries, that if a witness is simply too scared to testify, nothing will make them change their minds.
I have also visited Central Booking, the first stop for those arrested and charged. The system seemed chaotic, with scores of handcuffed suspects sitting on rows of wooden benches waiting to be told whether or not they are to receive bail or spend months waiting for a trial. More than once my attempt to follow proceedings was interrupted by the frustrated mumbling of a suspect who complained, in much coarser language, that they had “been waiting all day”.
Comments
Dear Mark,
Welcome to Baltimore!
I am a member of the Baltimore Guardian Angels.
We patrol the a number of areas in Baltimore City. Some areas of the city are as bad as it gets!
As of 11/04/09 there are 187 homicides in Baltimore City in 2009.
The Baltimore Guardian Angels has projected the 2009 homicide rate between 215 to 230. Astonishing isn't it!!
That averages out to of 18 homicides per month, over 29 homicides per 100,000 Baltimore City residents.
Currently Baltimore City is averaging over 4 homicides per week.
79% of all Baltimore City homicide victims are African American averaging 29 years of age. No other group even comes close. Astonishing isn't it!!
"If you want peace you have to prepare for war."
Well the citizens of Baltimore are in a WAR. Are they prepared to take action to stop the bloodshed...
The majority --- NO!!!!
We are in a WAR and nobody believes it. People have to take back their streets. The government won't do it for them. The police can't do it.
The Baltimore City police is one of the finest law enforcement agencies around but they can just do so much.
This is fact --- this is the truth!!!
Some "can't handle the truth."
They prefer to go through life with blinders on.
Get involved Baltimore!!!
Take back your streets!! Take back your dignity!!!
Call the Baltimore Guardian Angels today.
We are here. We are listening.
We are make a difference and will continue to do so!!!!
They call me Taxman.
Posted by: Taxman | November 3, 2009 4:42 PM
I think another reason you see so many cases where the prosecutors decline to proceed is that juries in the city distrust the police, the prosecutors, and the establishment in general.
Simply put, prosecutors know that they need a rock solid case to get a conviction and they don't want to take a chance on something they know they can't win. Instead we get insulting plea bargains and other things that make Baltimore look soft on crime.
See the the Zach Sowers case for an example...it's apalling when even the citizens who show up for jury duty can't be trusted to make a good judgment.
Posted by: dave | November 3, 2009 5:14 PM
Mark,
Welcome to "Mrs. Jessamy's Baltimore"!
She continues to insist that it's the fault of the police that her folks determine "no real offence" was committed. And, since when was a prosecutor's ability to get a conviction a factor in whether or not someone should be arrested?
Look, there are cops that write bad statements of probable cause. There are cops that arrest people when no crime has been committed. But there are also plenty of "good" arrests that Mrs. Jessamy declines to prosecute - often with good reason. She's not going to prosecute every public urination, loitering, disorderly conduct, etc. - that's OK. But she should quit blaming the cops for doing their job - and frankly, for responding to the people of Baltimore who are begging for relief from, yes, people pissing in their alleys, trashing their neighborhoods, and generally making life miserable for good people who just want to go to work, come home, and raise a family safely in their neighborhood.
And no, I'm not a cop, nor am I a government employee, and I live outside of the City.
Posted by: Greg | November 3, 2009 8:13 PM
The Guardian Angels as well as the Balto. City Ploice are a joke! The Police in Balto. are corrupt. Why do you think there is so much of a problem between Jesamy and the Police? It is because the Police consistenlty ignore The Constitution and trample all over the rights that the constituition has given to the citizens of this country. It is a crime what the Police are doing and it needs to be stopped btu never will. Guerdian Angels,"RIGHT"!
Posted by: MikeB | November 4, 2009 7:20 AM
I think you have it mixed up here, Mark. Police don't file charges, only local prosecutor's offices do. There isn't a single police force in Maryland, nevertheless the U.S., where police are allowed to file charges.
Posted by: Pat | November 4, 2009 8:44 AM
This stuff needs to stop now.
Posted by: Anonymous | November 4, 2009 10:04 AM
After living in Baltimore for 50 years, I have concluded that more than not, it is the State's Attorney who isn't doing her job properly, not the police. The State's Attorney too often takes the easy way out by plea bargaining down charges, dismissing charges, or simply not prosecuting criminals.
Posted by: 30 Floors Up | November 5, 2009 8:10 AM
Easy for Jessemy to point the finger, anyone can do that. Someone should ask her about the politics in her office that allow so many attorneys who are terrified to take cases to trial to make it to specialized assignments. Jurys can't convict if the prosecutor can't properly present the case. Attorneys punching holes in their own cases separate city prosecutors from county....its a shame she doesn't address that issue. There are lots of talented prosecutors in the city looking for leadership.
Posted by: Kris | November 5, 2009 12:51 PM