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 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.
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.