On Feb 28, 2004, at 1:17 PM, David Shove wrote:
CUAPB on this issue.
--Fwd David Shove Roseville
From [EMAIL PROTECTED] Sat Feb 28 13:15:52 2004 Date: Sat, 28 Feb 2004 10:54:22 -0600 From: Michelle Gross <[EMAIL PROTECTED]> To: [EMAIL PROTECTED] Subject: CUAPB EMAIL NEWSLETTER
<snip>
POLICE BRUTALITY IS A CRIME--REPORTING IT SHOULDN'T BE A PROPOSED CAUCUS RESOLUTION
WHEREAS House bills HF1661 and HF1909 and Senate bill SF1727 have been introduced and HF1661 has gone through one committee already, and would make it a crime to "falsely" report police misconduct to anyone who "communicate[s]" it to a public official, such as when police brutality survivors call the CUAPB hotline and we call the jails, city council, judges, etc. to demand justice, and
WHEREAS the existing MN Statute �609.505 already criminalizes providing "false information" to police, and
WHEREAS the proposed amendment violates the United States and Minnesota
Constitutions. Americans have a right under the First Amendment to
criticize government, including making complaints about police conduct.
Americans have a right to express their opinions openly, including to
someone who might "communicate it to a public official." Characterizing
police behavior as "misconduct" is our right as Minnesotans. The courts
could immediately strike the statute as unconstitutional, and
then of course, they may not. Miss Gross is correct when she states Amendment I of the U.S. Constitution enumerates a right of the people to petition their government for redress of grievances:
"Congress shall make no law ... prohibiting the ... right of the people peaceably to assemble, and to petition the Government for a redress of grievances".
The Minnesota Constitution, however, addresses the following limitation to the right of speech:
"... all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right".
(Minnesota Constitution, Art. I, Sec. 3)
Slander, libel, perjury, and filing a false written statement or verbal report are not protected speech. Further:
"Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive to his person, property or character, and to obtain justice freely and without purchase, completely and without denial, promptly and without delay, conformable to the laws".
(Minnesota Constitution, Art. I, Sec. 8)
Yet studies show that African Americans commit crimes at no greater rate than whites, and
that assertion cannot be taken at face value without any proof of validity.
WHEREAS this legislation would create, essentially two sets of laws--one
for police and one for everyone else. [...] To criminalize lying about police, and not by police, creates a double standard that undermines respect for the law, and
that is a false statement. There are already laws proscribing false written statements and perjury. It is the responsibility of the District Attorney to enforce the laws. The new law addresses a specific, identifiable problem.
WHEREAS these bills are unclear about who decided which reports are false.
<snip>
Where reported misconduct [cannot] be documented, it could be called a "false" complaint, and
<snip>
both are inaccurate statements. The relevant text of the proposed law in HF 1661 states:
"609.505 [FALSELY REPORTING CRIME.] Subdivision 1. [FALSE REPORTING.] Whoever informs a law enforcement officer that a crime has been committed or otherwise
provides false information to an on-duty peace officer regarding the conduct of others, knowing that it is false and intending that the officer shall act in reliance upon it, is guilty of a misdemeanor".
The operative phrases here are: "knowing that it is false" and "intending that the officer shall act in reliance upon it". The State has the burden of proof to show the defendant both knew the brutality complaint was false AND an expectation the officer taking the report will act upon the report as credible.
Neal Krasnoff Loring Park
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