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 28
A woman is sentenced to probation by summary proceeding, which a court-appointed attorney appealed. At trial, her lawyer is not present and she has to navigate her case without proper interpretation. The judge urges her to revoke the appeal, arguing that she has already received a lenient punishment for possession of a weapon banned in Germany. She judges her harshly based on her association with “the wrong crowd” and urges her to set a better example for her child.
Case 27
Shortly after a wave of populist outrage over a knife attack, a man convicted of attempted assault with a weapon based on little evidence appeals his sentence. At the appeal hearing, the environment is hostile, with the recent knife panic in the air: the defense is hindered from questioning witnesses while the judge and prosecutor cherry-pick testimony in an effort to justify continuing to jail the defendant pretrial, which would also facilitate his deportation. Even after a second appeal hearing does not reveal evidence sufficient to convict, the judge and prosecution insist on a high prison sentence, just two months short of his original one. The defendant is released after the second hearing because he has already served his sentence in pretrial detention.
Case 26
A young man is on trial for theft. During his trial, he is informed that his sentence will be high because he had a knife at the time, though the evidence does not show that it was used during the offense. The judge threatens the defendant with jail time. Without a lawyer to consult, he appears to have little choice but to accept the harsh sentence and put up with the judge’s insinuations that he steals for the purpose of reselling – just like unnamed “others” the judge refers to.
Case 25
Without a defendant or a lawyer present, the court issues a summary proceedings order, sentencing someone by mail for theft. The prosecution pushes for a harsh punishment and for retaining the charge “theft with a weapon” despite limited evidence of a weapon being present and without obtaining more evidence. Though the judge disagrees with the prosecution's original recommendation for a prison sentence, they sentence the defendant to a high fine of more than 1,300 Euros for stealing food.
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