Case 11
| Case Number | 11 |
| Charge | Drug Offense |
| Defense Attorney Present | Yes |
| Interpreter Present | No |
| Racialized Person | Yes |
| Outcome | Other Outcomes |
With the help of strong defense counsel, a man’s charges for possession of very small quantities of cannabis are dropped. Why he was criminalized for such a small amount – given Berlin’s guidelines not to pursue such cases and impending legalization of possession of much higher quantities – is not discussed, nor any racial profiling that may have preceded his arrest.
This was a rare case in which we learned of charges being dropped. For us, despite the positive outcome for the person, the case raised questions, including whether racial profiling and discrimination played a role in this person being controlled by the police and then criminalized for this offense. We know that because of racial profiling and the focus on so-called police-defined “hotspots”—many of which are in migrantized or racialized neighborhoods—that a person of color being punished for possession of cannabis is more likely, despite similar rates of drug use among white Germans.1 Because the case was dismissed—and because the court rarely questions policing practices that lead people to the court—these preceding injustices remain hidden.
Our courtwatcher hears about the case from an attorney we know. Because of long lines to enter the court, both the courtwatcher and defendant miss the very short proceedings during which the defense attorney convinces the court to drop the charges.
The defendant had been charged with possession of under one gram of cannabis, a very small amount. Under current legislation (not in effect at the time), possession of up to 25 grams is legal. Under Berlin guidelines at the time of the offense, prosecutors do not pursue criminal charges for such low quantities of cannabis unless they are found in specific locations such as around a school. In this case, the attorney reports that he was able to draw on these guidelines and remind the court that the cannabis was not found in one of these designated locations.
Citations
- 1
Orth, B. & Merkel, C. (2022). “Der Substanzkonsum Jugendlicher und junger Erwachsener in Deutschland. Ergebnisse des Alkoholsurveys 2021 zu Alkohol, Rauchen, Cannabis und Trends.” BZgA-Forschungsbericht. Köln: Bundeszentrale für gesundheitliche Aufklärung, https://doi.org/10.17623/BZGA:Q3-ALKSY21-DE-1.0.
Cases from our archive
Case 34
A man faces trial for stealing a small quantity of food and alcohol. In cases involving substance use (including alcohol and other drugs), courts often want to hear that people facing trial have stopped using substances, are working, or otherwise trying to fit into society. While the defendant ticks all these boxes, and the judge seemingly acknowledges punishment will be counterproductive, she sentences him to a high fine anyway, ending by saying, “Those are the consequences of committing a crime. You should have thought of that at the time.”
Case 33
A man with precarious residence status and problems related to drug use is convicted of shoplifting items valued under €40. The court imposes a fine of almost €2,000 for theft with a weapon. Despite the judge’s hesitation about whether there actually was a weapon involved, she goes along with the prosecution’s recommended sentence, with serious financial implications and possible migration consequences for the defendant.
Case 32
After spending three nights in pretrial detention, a man faces accelerated proceedings on theft charges for stealing goods valued at about €50. He is sentenced to seven months prison as the prosecutor and judge see his repeated theft offenses as evidence not of his life challenges but rather the need for a harsh sentence. Joined by the person’s attorney, all seem to believe the best place for treatment is in prison.
Case 31
A young man who was unhoused and jailed pretrial is sentenced to pay €750 in fines for theft of food, toiletries, and other small items. Although the court acknowledged that he is experiencing problems related to drug use and poverty, the judge finds that the defendant should have simply “said no” to drugs. The sentence came with a warning that any future offense would lead to incarceration.
Perspectives
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Wissenschaftler*innen und Mitglieder der Zivilgesellschaft warnen vor der politisierten Nutzung der polizeilichen Kriminalitätsstatistik, die jedes Jahr dafür genutzt wird, falsche Narrative über steigende Kriminalität und vermeintlich „kriminelle Migrant*innen“ zu verbreiten. Die Unterzeichnenden stellen das durch das BKA und die Medien gezeichnete statistische Bild entschieden in Frage und betonen, dass die PKS zur Polarisierung der Gesellschaft und Stigmatisierung bestimmter Bevölkerungsgruppen beiträgt.
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The intensification of state repression, marginalization, and militarization are currently leading to an increase in police violence, a rising number of arrests for poverty-related offenses, and the brutal (criminal) disciplining of “internal enemies”. In this situation, it is urgent to reflect on how we can link the fight against racist police violence and state racism more closely with other struggles to end dehumanization, exploitation, and widespread state violence.