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The rights of ordinary Americans have met with challenge after the September 11 terrorist attacks. The anti-terrorism law USA Patriot Act, which took effect on October 26, 2001, provides law enforcement agencies with greater powers for investigation, including wiretapping of phone calls and Internet E-mail communications by suspect terrorists.
A Federal Court of Appeals on November 18 ruled that the Department of Justice asking for expanding its investigative powers is constitutional, and therefore should not be restricted. It aroused great concern among the American public that the DOJ would encroach upon their right of privacy in its work.
Commenting on the court ruling, U.S. House Judiciary Committee Representative John Conyers said in a statement the same day, "Piece by piece, this Administration is dismantling the basic rights afforded to every American under the Constitution." Some civil rights and electronic information organizations worried that there would have no effective protection of civil rights after the ruling.
Police brutality is a chronic malady in American society. On July 6, 2002, a bystander videotaped a scene in which several white police officers at Inglewood, Los Angeles, slammed the head of a handcuffed 16-year-old black, named Donovan Jackson, on a squad car and punched him in his eyes, neck and hands. Afterwards, one police officer involved was ordered a paid leave. In contrast, the man who filmed the videotape was detained on July 10.
In another incident, on July 8, Oklahoma City police officers repeatedly beat a black suspect on the ground with their batons. The suspect was pepper-sprayed twice. On September 16, police in Boston shot at a suspect car hijacker in the downtown area and wounded him seriously. The incident led to a mass demonstration against police brutality.
Indiscriminate arrests are another serious problem in the United States. According to an investigation by the American Civil Liberties Union (ACLU), prosecutors declined to bring charges in 15,798 arrests in 2001, or 26 percent of the 60,412 cases they reviewed that year, the vast majority brought by Baltimore police.
In 2002 the number of monthly arrests increased by 15 percent over the previous year to 7,832. Prosecutors declined to charge in24 percent of the cases. Two-thirds of the cases they dropped were dropped on the day of arrest because they could not be proved in court (May 9, 2002, Sun).
Within half a year after the September 11 terrorist attacks, the FBI detained for security reasons more than 1,200 non-US nationals, mainly men from Muslim or Middle Eastern countries (Washington, Dec.10, 2002, EFE). Most of them were detained for overstaying their visas, and according to rules the detention should last for no more than 48 hours. However, many were actually held in custody for a month or more, or even up to 50 days.
While in custody, they were deprived of their basic rights -- making phone calls, access to a lawyer, family visits, being informed of the reasons for the detention, or challenging the lawfulness of the detention.
They were let out for exercise and air less than an hour a day. Many were handcuffed, and some were even bundled. Those falling ill could not get timely medical treatment.
In many cases torture was used to extract confessions, and unjust charges were often reported in the United States. According to a Reuters report on February 11, 2002, U.S. authorities confirmed that over 200 inmates had been wrongly convicted since 1973; among them 99 inmates on death row had been proved innocent, but most of them had not got compensations (Washington, Feb.11, 2002, Reuters).
Ray Krone walked out an Arizona courtroom a free man in April 2002 after spending 10 years and three months in prison, with more than two years in the death cell (USA Today, June 18, 2002). Yet, he could hardly obtain any compensation from the state government in accordance with state laws.
A black man in Detroit, named Eddie Joe Lloyd, served a term of 17 years, three months and five days in jail on a charge of raping and murdering a teenage girl before he was freed in August 2002 (New York Times, Aug. 27, 2002).
The wrong verdicts are closely related to confessions from innocent people extracted by police. According to an ABC (American Broadcasting Company) news report on March 15, 2002, every year thousands of criminals are convicted on the basis of confessions obtained from police interrogations.
Also according to the ABC news report, in 1993, Gary Gauger, a man in Illinois, was forced to confess he had killed his parents, a crime he did not commit, when he broke down after 21 hours of police interrogation. He was then sentenced to death for double murder. Two years later, the real killers confessed to the crime in an unrelated federal investigation. Gauger was freed in 1996, after spending three years behind bars.
The United States is one of the few countries to impose capital punishment on child offenders and mentally ill people in the world. Twenty-three U.S. states permit the execution of child offenders (under 18 at the time of the crime). Two thirds of the executions of child offenders over the past decade worldwide were carried out in the United States.
Since 1985, 18 child offenders had been executed, half of them in Texas State (May 9, 2002, EFE). The executions in 2002 also included three child offenders and one mentally ill man. There were 80 child offenders on death row, and the figure in the case of the mentally retarded was estimated to be around 200 to 300. (The Amnesty International)
Prisons in the United States are jam-packed with inmates. According to a report of the Bureau of Justice Statistics under the Department of Justice released on August 25, 2002, the adult U.S. correctional population reached a record of almost 6.6 million at the end of 2001, or fourfold of the 1980 figure. About 3.1 percent of the nation's adult population, or 1 in every 32 adult residents, were on probation or parole or were held in a prison or jail. Roughly two million Americans are currently behind bars.
In a report titled "A stigma that never fades", the British business magazine Economist said that America is "the world's most aggressive jailer", and "when local jails are included in the American tally, the United States locks up nearly 700 people per 100,000". (The Economist, August 10, 2002)
Poor management of prisons leads to lack of protection of inmates' legitimate rights. Extortion, abuse, violence and sexual assault are serious in prisons of the United States.
An Amnesty International report released on May 14, 2002 said inmate Frank Valdes at the Florida State Prison was beaten to death by guards in July 1999. Autopsy reports proved massive injuries, including 22 broken ribs and a fractured sternum, nose and jaw, and there were boot marks on his face, neck, abdomen and back.
The three guards involved were charged of second-degree murder in 1999. But the Florida State prosecutors decided in February 2002 to drop the charges.
According to reports of U.S. human rights organizations, brutalities targeted at inmates number about 100,000 a year in American prisons. A former chief law officer of Virginia State estimated the number of such brutalities to be at least 250,000 oras many as 600,000 a year.
Sexual assaults between male inmates are prominent in the prisons. Most of such assaults are coupled with the use of force, causing spread of HIV virus and physical and mental injuries on victims. The prison and judicial departments remain indifferent towards such complaints and take no punishment measures.
The Sun newspaper reported on August 31, 2002, the Baltimore City Detention Center has a poorly run system of health care and suicide prevention. In some cases, the problems resulted in jail suicides, heart attack deaths and fatal asthma spasms that federal authorities deemed preventable if the inmates had been properly treated.
In another case, a fire killed eight inmates locked in cells in Mitchell County jail in North Carolina and injured 13 others. The prison authority blamed lack of water sprinklers for the tragedy. |