Fighting fire with gasoline

Sometimes the road to hell is paved with the best of intentions. Oftentimes things that seem like good ideas completely fail to improve the situation. In some cases, because we are fallible human creatures with flawed brains, we often devise solutions to problems that actually make those problems worse. Our politicians, in theory, should be less prone to making these types of mistakes than we lowly civilians – after all, they are selected because of their superior leadership and merit, right? It seems to be the cynical case that this is not a reasonable expectation of our leaders:

The country’s foremost legal organization has delivered a grim assessment of the Harper government’s get-tough-on-crime agenda, attacking mandatory minimum sentences and questioning Ottawa’s eagerness to put offenders behind bars. With a series of blunt statements and policy resolutions, the Canadian Bar Association’s annual conference bristled at inaccessible courts, inappropriate jailing of mentally ill offenders and costly measures that threaten to pack prisons.

The Canadian Bar Association likely knows a thing or two about crime. After all, they are far more intimately familiar with the issues than the average Canadian. They see the way that people move through the justice system – both its successes and failures are the stuff of their professional lives. It is therefore a resounding condemnation of the upcoming omnibus crime bill to have such a sharp and public criticism from this sector.

“There are too many people who are mentally ill and should be dealt with in the health system as opposed to the criminal justice system,” [Nove Scotia prosecutor Dan] McRury said. “We need more sentencing options. One size does not fit all. “Being tough on the most vulnerable in our society is not humane,” Mr. McRury added. “Unfortunately, deinstitutionalizing our mental hospitals has meant that we have exchanged prison cells for hospital beds – but without having enough supports in the community.”

Another resolution passed by the 37,000-member organization called for governments to stop toughening laws without regard to the historic plight of aboriginal people and the over-representation of aboriginal offenders in prison.

If I had a magic policy wand and one item to use it on, it would definitely be to find better solutions for mental health care. So many broad social problems – crime, homelessness, health care spending, workplace productivity – all of these have strong links with undiagnosed and undertreated mental health issues. The CBA seems to recognize that fact. And yet, the new bill would have no provisions for providing mental health services to those in need, and would in fact mandate that they be put in jail instead of in hospitals where they could actually get some help. Even though it seems like creating harsher sentencing rules seems like it should result in less crime, the evidence suggests otherwise. Even purposeful rational thought (rather than appeals to ‘common sense’) reveals that factors besides legislation are responsible for crime, and can be manipulated to achieve the desired effect of reduction in crime rates.

Of course, that presumes that our political leaders are interested in either evidence or purposeful rational thought. There may be some hope for the system here in British Columbia:

The traditional risk factors for joining gangs — poverty, family dysfunction, a sense of alienation and lack of social supports — don’t appear to hold true for Vancouver gangs, a gang-prevention researcher says. As anti-gang experts work to head off retaliatory attacks for Sunday’s gang shooting in Kelowna that killed Red Scorpion Jonathan Bacon and wounded Hells Angel Larry Amero and three others, researcher Gira Bhatt is looking at ways to prevent kids from joining gangs in the first place.

Bhatt, a psychology professor at Kwantlen Polytechnic University, says the gang demographics in B.C. are unique. “[For example,] if you look at the Bacon brothers, they come from a good family — a rich family — where the parents are very supportive of their kids,” Bhatt said. “We can’t borrow solutions from Toronto or Los Angeles and apply them here.”

Many people may not be familiar with the significant gang problem facing British Columbia. Because of how lucrative the drug trade is, gangs command a great deal of resources and influence. As Dr. Bhatt notes, there are factors unique to the region that make B.C. gangs different from gangs in other areas of the world. The proposed solutions must reflect this uniqueness:

“Police are asking for more resources, and yes, they need more resources. But if that’s all we do, the need for more and more police will simply grow over time,” Bhatt said.

[MLA, former solicitor-general and former West Vancouver police chief Kash] Heed called for a “comprehensive strategy” to combat gangs, including a universal anti-bullying program in schools, early-intervention programs for families and meaningful opportunities for kids to get involved in their community. “You are not going to arrest your way out of this gang situation that we have,” Heed said. “We’re just reacting to the problem. We’ve reacted to this problem since 1994 here in Vancouver. We still have this absolutely astounding display of public violence on our streets.”

Critics on both sides of the political divide (although primarily on the right) tend to decry ‘one size fits all’ solutions to social problems. I think there is merit to this position – each region must have some leeway to solve its own problems in its own way. However, despite being aligned with the right, the Republican North Party has taken the decidedly non-conservative step of giving the federal government the authority to take decision-making power out of the hands of the justice system. If it were a left-wing government proposing this kind of program, that would at least be consistent with the idea of government intervention in individual lives. Coming from a government that at least pretends to be conservative, it is a stark revelation of their own hypocrisy.

What’s my proposal? I say we decide policy on a case-by-case basis and look at what the evidence says. If the evidence says mandatory minimums work, then let’s do that. If the evidence says that coddling criminals works, then we do that. No matter how uncomfortable it might make us. Failing to make our policy responsive to observable reality, rather than a slave to our ideological prejudices, will only serve to exacerbate problems to the detriment of everyone.

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London burns: what it is and what it ain’t

So this will be a fairly ambitious endeavour for me. All of you are no doubt aware of the rioting that has plagued London for the past week. I am going to try and summarize what I think is an incredibly complex issue in the span of a single blog post. Unlike other Monday think pieces, this one is going to have a lot of links to other articles, because they’re relevant.

The riots were supposedly touched off by protest over the apparent murder of a young black father by police officers. The police claimed that the man had an illegal weapon and fired on them. Forensic investigation subsequently revealed that no gunfire was exchanged – the man had been shot twice by bullets from a police-issue weapon and the gun that supposedly belonged to the deceased, while illegal, had not been fired. In an attitude typical of police, the first instinct was to protect the officers instead of upholding the law. Outraged citizens, mostly black, took to the streets to protest, and that protest turned into a riot.

Many are trying to make this riot into a racial issue:

Operation Trident which was set up in 1998 to specifically deal with gun crime related to drug activity within London’s black community — is itself controversial among some sections of the black community. Even though Trident was set up by black activists to tackle so-called black-on-black killings, few of the police officers within the unit are black, and some see Trident as being just another way in which the police can oppress young black men who are already disproportionately targeted for criminal behavior.

Mark Duggan’s death seemed to touch a raw nerve, coming just months after another controversial police-related death of yet another black man, a British reggae artist known as Smiley Culture. A peaceful protest about Duggan’s death turned violent. From then on, the violence has escalated.

It is tempting to compare this outrage to what happened in Los Angeles following the acquittal of police officers in the Rodney King trial. There are certainly many parallels between that situation and London: a marginalized and brutalized minority population who are distrusted and underserved by their government; an attitude by police of extreme racism; lack of representation in the halls of power. However, the rioting quickly grew far past anything that can be attributed to a disgruntled minority group:

The uncomfortable question since the beginning of the disturbances on Saturday night, however, has been the degree to which tensions between different ethnic communities, and wider issues of race and cultural alienation, have played a part in some local areas. The answer, observers warn, is a complex and multifaceted one, in an area where simplistic judgments can be dangerous. “Where communities are already divided along ethnic lines, there is of course a tendency to hunker down,” says Rob Berkeley, director of the Runnymede Trust, which researches issues of race and equality. “But what I’m struggling with is that there is so much that we don’t know. I don’t know if what goes on in West Bromwich is anything to do with what happens in Birmingham, or if the Woolwich riots were organised but the Croydon ones were not.

Most frightening to me is that there are people using the racial tension as an excuse to expand their own small-minded agendas:

Far-right groups have sought to exploit the tensions. The BNP says it will hold its “biggest ever day of action” this weekend and has published a leaflet titled: Looter beware: British defenders protect this area. The EDL claims its supporters are organising across the country and will provide “a strong physical presence, and discourage troublemakers from gathering in our town and city centres”.

While the outrage may have germinated around a seed of racial resentment, it spread so quickly and violently that this is not a satisfactory explanation. A better explanation is needed; certainly one that is better than the line of stupidity coming from Downing street, with Prime Minister David Cameron bemoaning the lack of active parenting and seeking to explain the crime by attributing it to ‘criminals’. The problem, of course, with this line of reasoning is that many of these people probably weren’t criminals before they committed these crimes. Labeling them post hoc as ‘criminals’ is circular, and therefore useless as an explanation. It doesn’t appear to be particularly accurate either:

“Some of the parents were there. For some parents it was no big surprise their kids were there. They’ve gone through this all their lives,” said an Afro-Caribbean man of 22 who gave his name as “L”, voicing the frustration and anger felt by youth and parents over yawning inequalities in wealth and opportunity. “I was on the train today in my work clothes and shoes. All different types took part in the riot. The man next to me was saying everyone who rioted should be gassed. He would never have guessed that I was there, that I took part,” he said.

Many have tried to attribute much of the anger at police to the way they treat minority group members, while others have pointed to the social system, to the power of the welfare state, to raw criminality, bad parenting… many explanations have been thrown out.

So too, it seems, has any pretense at maintaining the liberal democratic tradition:

Speaking outside 10 Downing Street following an emergency security meeting Wednesday, the prime minister noted that the addition of 10,000 police, for a total of 16,000, on the streets of London on Tuesday night and into the morning had helped curtail the violence. “Whatever resources the police need, they will get. Whatever tactics the police feel they need to employ, they’ll have legal backing to do so,” he told reporters.

Anyone who isn’t immediately terrified by the prospect of police having unchecked powers to punish crimes is clearly living in a world of unchallenged assumptions about the credibility of law enforcement.While Vancouver police have been facing heightening criticism for failing to charge more people after the riots here, I applaud them for not rushing to judgment and waiting to have solid evidence before seeking convictions. The UK police seem to be under no constraint of legal due process, and have already arrested and charged hundreds of people:

“Picture by picture these criminals are being identified and arrested and we will not let any phoney concerns about human rights get in the way of the publication of the pictures and the arrest of these individuals,” Cameron said.

The emphasis on that quote is mine. The horror should be all of ours to share.

So if it isn’t race, or criminal minds, or just the thrill of smash and grab, what happened in London to make this happen? We may never know what the one cause that set off the ripple of rioting, and it’s unlikely that there is one cause. Likely, like any other mass spontaneous uprising (like what’s happening in the middle east), there are a variety of overlapping factors that came to a head at one point, causing a tectonic-like reaction. It seems, however, that the most fruitful avenue of explanation is to ask people on the ground what they think. From outside it is easy to attempt to explain, and you can probably find a sympathetic ear for just about any crazy theory. Until the people from the streets start speaking and telling their stories, all we can do is make a handful of guesses and wait for the flames to die down.

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Evidently ecstatic

There was once a time when I could have been accurately described as ‘pro-police’. I recognized that in order for a society to progress, we needed to have some way of enforcing law. A society without laws quickly degenerates into violence, and it was thanks to the tireless efforts of police officers and other members of the justice system that we were such a peaceful place to live. I would openly and unashamedly take the police’s side when debates came up in our high school (we had a pair of police officers on constant patrol on our campus). However, as I’ve become a bit more aware of the world and the nuances of the argument, my knee-jerk support for the police has diminished quite dramatically. While I have not yet gone quite to the extent of labeling police indiscriminately as a gang of threatening thugs, events like the travesty that was the G20 summit are moving me in that direction.

I still believe in the principle of rule of law, and I doubt that will ever change. However, I no longer see police as being reliable arbitrators of law. Again and again, we see examples not only of police abusing their power to circumvent justice for themselves, but of such abuse actually undermining justice for others:

The Richmond trial of five men accused of running a multi-million dollar ecstasy lab has been thrown out of court because of what a provincial court judge says were repeated Charter of Rights violations. In January 2007, Mounties uncovered nearly 100 kilograms of ecstasy and nine pill presses in two Richmond homes following a year-long investigation. Tin Lik Ho, Qing Hou, Shao Wei Huang, Yi Feng Kevin Li and Kai Lai Kyle Zhou were all charged with producing ecstasy and possessing ecstasy for the purpose of trafficking. But in a 30-page provincial court judgment, Judge Paul Meyers issued a scathing indictment of the RCMP’s handling of the case. “The police officers who were in charge of this investigation, from start to finish, violated so many Charter rights of the accused persons, that one might have thought that the investigation took place before the Charter of Rights had been enacted,” Meyers wrote.

Asking a conservative what this story represents will yield a very different response than if you ask someone who actually understands what she/he is talking about. A conservative commentator will point out that this is a prime example of the “hug a thug” mentality that liberals have – prioritizing the rights of criminals over the rights of decent, hard-working Canadians. This judge is clearly a liberal activist that doesn’t care about seeing criminals punished for their crimes, or of drugs spreading through communities where they destroy the lives of the young and innocent.

Someone with a slightly more realistic understanding of the legal process will recognize that this is the sign of a healthy legal system (the abuses of the police notwithstanding). Undoubtedly, these men are dead to rights – the drugs were found in their homes along with the method of manufacture. This was not the case of a handful of pills trying to make a quick score, or some guys who just really really like to get high – these guys were mid-level traffickers of a restricted substance. They absolutely belong in jail. However, in their handling of the case, the RCMP decided that their apparent guilt justified shredding the charter. While judges regularly look the other way for slight abrogations of legal rights in clear cases of guilt, Judge Meyers’s report details the extent to which these particular officers decided that they were above the law.

BC's RCMP reveal their new recruitment mascot

The reason why this ruling is good is because there are countries in the world in which those accused of crimes are treated as already-guilty. We don’t like those countries – they tend to use that justice system to lock up political dissidents. Neither the presumption of innocence nor the presumption of guilt will result in a perfect system; however, one will ensure that fewer innocent people are imprisoned for crimes they didn’t commit. We can always produce evidence of guilt – evidence of innocence is almost impossible by definition.

More interestingly, it seems as though the slipshod method of being “tough on crime” actually creates more crime than it prevents:

What’s more interesting than the finding that drug prohibition causes gang-on-gang violence is our inability – or is it unwillingness? – to learn from repeated demonstrations of this connection. For some reason, we seem to think that what’s happening in northern Mexico – where drug-trafficking gangs are at war with each other and with the Mexican army – is somehow different from what’s happening in Winnipeg, where drug-trafficking gangs are at war with each other and with the Winnipeg Police Service. There is a difference in scale, to be sure, but not in kind. Drug prohibition enriches organized crime, and police crackdowns on drug suppliers provoke gang-on-gang violence over market share.

We know from abundant evidence in other counties that the kind of drug enforcement strategy we use in Canada is not particularly effective at actually reducing crime. This analysis from The Mark suggests that, to the contrary, it actually increases the rate of violent crime as market forces inexorably drive up demand whenever supply is interrupted. If we were trying to reduce crime, we’d change our strategy – we’d do what it took to actually protect the populace against its dangerous elements. However, it is clear that we are not interested in reducing crime, which raises the question of what it is we are trying to do.

It is when we betray the liberal principles of crime prevention and harm reduction that we begin to see the corporatization of law enforcement. For-profit law enforcement strategies only serve those who make profit from crime. If our interest is in doing whatever it takes to ‘punish’ criminals by locking them up, we’ll see more examples like the Richmond case where the rights of the people become a secondary interest to serving and upholding law enforcement’s sworn duty to protect and serve the people.

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