II. Serious Rights Violations by Law Enforcement Departments
 
 

Police brutality and unfair adjudication are intrinsic stubborn diseases of the United States. In March 2001, the family of a French victim brought a lawsuit against the police and prison guards of the state of Nevada. Nine prison guards were accused of beating the victim, Phillippe Leman, to death. Forensic examinations identified the cause of death as suffocation due to fracture of the throat bone. Yet, a local court pardoned the nine prison guards and acquitted them of responsibilities for the death of the French man.


Torture and forced confession are common in the United States, with the number of convicts on the death row that are misjudged or wronged remaining high. In December 2001, a man on the death row, Alon Patterson, claimed that his confession was forced due to torture by Chicago police, who used a plastic typewriter cover to suffocate him. The case aroused extensive attention. As Chicago is under the jurisdiction of Cook County, Chicago Herald Tribune sent reporters to investigate the archives of several thousand murder cases in Cook since 1991. They found that verdicts were determined in at least 247 cases without witness or evidence and that judgment was based on confessions of the accused only. The credibility of such "confessions" is subject to doubt.


US federal laws and 38 states allow the death penalty. Since the 1990s, crimes punishable by death and the annual number of executions in the United States have been on the increase. Annual executions increased from 23 in 1990 to 98 in 1999. In the last 20 years, the United States has extended the death penalty to more than 60 crimes and speeded up executions by restricting the right of the convicted to appeal. Since 1976 when the US Supreme Court restored the death penalty, about 600 persons have been executed in the United States. According to a February 11, 2002 Reuters report, from 1973 to 1995, the verdicts of 68 percent of convicts on the death row were overturned owing to misjudgment by the court. In the cases with overturned verdicts, 82 percent of the convicts were sentenced to lesser penalties and 9 percent were set free. Since 1973, a total of 99 convicts on the death row have been proven innocent. These people spent an average of eight years of terror in death confines, sustaining tremendous mental trauma. According to an analysis, main reasons for misjudgment were failure to get legal counsel on the part of the accused, confession forcing by the police and prosecutors, and misdirection of the jury by judges.


The United States has the biggest prison population in the world. Prisons there are overcrowded, and inmates ill-treated. A study by the Judicial Policy Institute under the Juvenile and Criminal Hearing Center shows that during the 1992-2000 period, 673,000 people were sent to state or federal prisons and detention centers, and 476 out of every 100,000 people were detained. With prisons burdened with too many inmates, violent conflicts keep occurring. In December 2001, about 300 inmates in a California prison staged a riot, which was put down by prison guards, using tear gas and wooden bullets. Seven prisoners were seriously wounded. The prison in question incarcerated more than 4,000 inmates though it was designed to keep no more than 2,200. Overcrowding often leads to violent clashes among prisoners. In 2000 alone, more than 120 prisoners staged riots, in which ten people were wounded. Drug taking is prevalent in US prisons. In the last ten years, at least 188 inmates died of drug abuse.


Punishment for sex offenders in the United States has become more and more severe. Many phased-out cruel punishments have been reinstated. Some criminals would select the extreme penalty of castration in exchange for a penalty reduction. Castration had been removed as a penalty scores of years before. According to the Los Angeles Times, in California in the last three years, two sex offenders received castration in return for release.


In February 2002, the world was shocked to learn of a scandal involving a crematorium in the United States. Tri-State Crematory in the state of Georgia, instead of cremating human bodies after receiving money for the service, threw the corpses in the woods or stacked them in wooden sheds like cordwood, leaving them to rot there. The shocking practice is said to have lasted 15 years. More than 300 bodies have been found on the grounds of the crematorium so far. The crime is shocking enough, but the state of Georgia does not have a law that is applicable for the crime. What verdict to pass on the suspect remains a legal difficulty.