Jeremy French

Dr. Gonzales

LEPS 520

18 April 2016

The Department of Justice report on Fergusons law enforcement operations concluded

that their practices were based on the Citys emphasis on generating revenue instead of public

safety.

This emphasis on revenue has compromised the institutional character of Fergusons

police department, contributing to a pattern of unconstitutional policing, and has also

shaped its municipal court, leading to procedures that raise due process concerns and

inflict unnecessary harm on members of the Ferguson community (United States

Department of Justice, 2015, p. 2).

The city of Fergusons police department and municipal court acted in a manner that clearly

condoned racial discrimination. The citys records display a clear pattern of targeting blacks. The

clear and obvious pattern of racial discrimination and bias created deep seeded distrust of the

police department.

The report showed that Ferguson practiced a fine scheme that substantially increased

each year and tasked the police department and municipal court staff with ticketing and

collecting the revenue of the increased fines. The city routinely put pressure on the police

department to generate more revenue by writing more tickets. In one example the citys Finance

Director wrote to the Ferguson Police Chief stating, unless ticket writing ramps up significantly

before the end of the year, it will be hard to significantly raise collections next year. Given that

we are looking at a substantial sales tax short fall, its not an insignificant issue (United States
Department of Justice, 2015, p. 2). The priority on generating revenue for the city was passed on

to the officers of the Ferguson Police Department for execution. Members of the department

openly expressed to Department of Justice investigators that is was common knowledge that the

city leaders expected them to ramp up enforcement operations in order to increase revenue.

The Citys demand for generating increased revenue greatly affected the police

departments tactics, techniques and procedures. The department was directed to write citations

citing the municipal code so that the fines would be paid to city court instead of the state. Ticket

writing activity played an integral role in officers evaluations. Because of the citys focus on

generating revenue, officers viewed the citizens more as a population to exploit for generating

fines than as people worth protecting. This culture within FPD influences officer activities in all

areas of policing, beyond just ticketing. Officers expect and demand compliance even when

they lack legal authority. They are inclined to interpret the exercise of free-speech rights as

unlawful disobedience, innocent movements as physical threats, indications of mental or

physical illness as belligerence (United States Department of Justice, 2015, p. 3).

The leadership of the department failed miserably to ensure that officers conducted

themselves lawfully and in accordance with departmental policy. Complaints from citizens

alleging police misconduct were routinely ignored.

The result is a pattern of stops without reasonable suspicion and arrests without probable

cause in violation of the Fourth Amendment; infringement on free expression, as well as

retaliation for protected expression, in violation of the First Amendment; and excessive

force in violation of the Fourth Amendment (United States Department of Justice, 2015,

p. 3).
The citys insistence on generating revenue has significantly compromised the courts role in

being fair and impartial when it comes to determining guilt and collecting fines. The municipal

courts role in maintaining checks and balances against unlawful police action has been rendered

non-existent. The court has become a mechanism to compel fine assessment and collection. The

Ferguson Municipal Court practices routinely violate the due process and equal protection

requirements of the 14th Amendment of the U.S. Constitution.

Reference:

United States Department of Justice. (2015). Investigation of the Ferguson Police Department.

Retrieved from United States Department of Justice website:

https://www.justice.gov/sites/default/files/opa/press-

releases/attachments/2015/03/04/ferguson_police_department_report.pdf