Case 15
| Case Number | 15 |
| Charge | Traffic Offense, Other Offenses |
| Defense Attorney Present | No |
| Interpreter Present | No |
| Racialized Person | Yes |
| Outcome | Other Outcomes |
In quick proceedings of about ten minutes, the court dismisses administrative charges brought against a young man after a traffic dispute in which the other party, a plainclothes police officer, had abused his authority.
This was a rare case in which police overreach was addressed and resulted in a more favorable outcome for the person accused of wrongdoing. Yet, the case still reveals injustices. The accused man was originally sentenced to a fine for a driving offense. Because of procedural barriers, people rarely appeal such cases. At trial, we see how the police and courts are part of an interconnected punishment system, which is set up so that police misconduct is not properly addressed. In this type of case, the proceedings are short and the police officer would not be asked to appear. The court dismissed the case but without going into the facts in detail or holding the police officer accountable for using his position to intimidate someone. In this way, police wrongdoing is still hidden and brushed aside rather than addressed in a systemic way. The best result, dismissal, is still not ideal for the accused, who likely experienced stress and other consequences as a result of the proceedings.
This is a case of a traffic dispute in which, according to the person being fined, he was driving and had the right of way to make a turn. Another driver was interfering with his turn and the two had a dispute over this. As they discussed, the other driver told the accused that he was a police officer (he was not in uniform) and demanded his personal details. The accused responded that he did not believe the person was a police officer and did not want to provide the information, but he eventually did. The police officer called additional police to the scene and the accused was charged with a violation and fined, which he appealed. Based on a short discussion of these facts, the judge held that the police officer's actions exceeded his authority and dismissed the case against the accused.
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
Die polizeiliche Kriminalstatistik ist als Instrument zur Bewertung der Sicherheitslage ungeeignet
Justice Collective, Grundrechtekomitee und 40 weitere
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.
Documenting racism in court: Interview with Justizwatch
Justizwatch
An interview with Justizwatch on their work documenting racism in court in Berlin.
Solidarity-based interventions in systems of racist violence: policing, punishment, and (mass) criminalization
Kampagne für Opfer rassistischer Polizeigewalt (KOP)
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.