Welcome to my webpage, in this page you will learn about police brutality and the different procedures the court takes when handeling this issue. Throughout history, there have been many cases of inequality in our justsice system.Going back to the Civil War era, the Dred Scott decision proves that there is inequality in our court system. But even more recently the case of Abner Louima proves that justice does not always prevail in court. This case deals with the procedures the justice system implements when handling the issue of police brutality. Studies prove that, the large majority of victims of police brutality are racial minorities, particularly African Americans and people of Latin American or Asian descent.(Amnesty International).
On February 27, 1998, the Federal Grand Jury charged police officers Thomas Bruder, Justin Volpe, Thomas Weise and Charles Schwarz of conspiracy and of violating Louima's civil rights. Sergeant Michael Belome, who was the patrol supervisor, was charged with attempting to cover up the alleged assault. Justin Volpe pleaded guilty and was sentenced to thirty years in prison. Weis, Schwarz and Bruder were sentenced to fifteen years in prison. At this time, many people felt as if there had been a change in our court system for minorities; they believed that justice had been served. However, the injustices in our court system would allow these former officers a second chance. (Holmes, 2002).
On February 28,2002, the 2nd U.S. Court of Appeals revised the convictions of Charles Schwarz, Thomas Weise and Thomas Bruder. The ruling did not affect the conviction of the attacker Volpe because he pleaded guilty. The reason for the overturn of the conviction was that, the officers felt they had receive an unfair trial. After appealing their case the court ruled in their favor. Amnesty International reported arguments made on Louima's defense that, "the system did not convict Justin Volpe; he pleaded guilty and was sentenced by the judge." The decision by the Court of Appeals reminded America of oppressive convictions and judicial injustices. Reverend Al Sharpton commented and said, " Louima had been raped twice, first by the coppers and then by the court." This case made many people feel as if there were no advocates in the justice system for minorities. (Nelson, 2002).
To file a lawsuit in a state court, the plaintiff must file a notice of claim with the city comptroller within a certain time period. This means that even though there might be a large amount of cases filed, not all will result in a lawsuit. These lawsuits include tort actions brought in the state courts and cases brought under Title 42 section 1083 of the United States Code (USC). (Amnesty International). This is a federal right statute, which allows individual to sue state officials directly in a state or federal court. When officers violate their civil or constitutional right. It appears that civil lawsuit may in fact under represent the true level of police brutality. Among the small portion of cases that reach a civil lawsuit, even those take years to reach a settlement and many of these cases or often times dropped. (Wells, 2000.)
In the inner city area, most disciplinary action against police officers is for misconduct rather than for on duty excessive force. This means that the officers are charged with a lesser offense. When police officers request to be tried in a non-jury court, they are usually excused of their charges. (Manning). Amnesty International also reports that judges are more sympathetic toward defendant police officers than a jury. This proves that there is inequality in our justice system. In many of these cases substantial damages were awarded to the plaintiff by the city for police misconduct but in effect, the officers did not pay a price.
The procedures taken by the court when handling police brutality does indeed prove that there is injustice in our court system. The Abner Louima case supports the idea that justice does not always prevail. Police brutality and the inequalities in our court system are serious issues that affect all Americans. Without a change in our court system no person will be able to live the American legacy of " life, liberty and the pursuit of happiness."
