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Human Rights Violations in the United States

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Human Rights Violations in the United States HUMAN RIGHTS VIOLATIONS IN THE UNITED STATES A Human Rights Watch Series PREVIOUSLY PUBLISHED HUMAN RIGHTS WATCH REPORTS ON THE UNITED STATES Children in Confinement in Louisiana, October 1995 U.S. Blinding Laser Weapons, May 1995 Crossing the Line: Human Rights Abuses Along the U.S. Border with Mexico Persist Amid Climate of Impunity, April 1995 United States: A World Leader in Executing Juveniles, March 1995 Dangerous Dialogue Revisited: Threats to Freedom of Expression Continue in Miami=s Cuban Exile Community, November 1994 Breach of Trust: Physician Participation in Executions in the U.S., February 1994 Human Rights Violations in the U.S., January 1994 Frontier Injustice: Human Rights Abuses Along the U.S. Border with Mexico Persist Amid Climate of Impunity, May 1993 Dangerous Dialogue: Freedom of Expression and Miami=s Cuban Exiles, August 1992 Electrifying Speech: New Communications Technologies and Traditional Civil Liberties, July 1992 Brutality Unchecked: Human Rights Abuses Along the U.S. Border with Mexico, June 1992 English Only: Attack on Minority Language Speakers, March 1992 Muzzling Student Journalists, December 1991 Prison Conditions in the United States, November 1991 Needless Deaths in the Gulf War: Civilian Casualties during the Air Campaign and Violations of the Laws of War, November 1991 The Supreme Court and Free Speech: Two Decisions of 1990-91 Term Chip Away at First Amendment Protection, October 1991 SLAPPing Down Critics: Harassment Libel Suits and Tort Actions Aim to Chill U.S. Citizen Activists, September 1991 Police Brutality in the U.S., July 1991 Secret Trials in America?: AAlien Terrorist Removal,@ June 1991 Prison Conditions in Puerto Rico, May 1991 Managed News, Stifled Views: U.S. Freedom of Expression and the War: An Update, February 1991 Freedom of Expression and the War: Press and Speech Restrictions in the Gulf and F.B.I. Activity in U.S. Raise First Amendment Issues, January 1991 Detained, Denied, Deported: Asylum Seekers in the U.S., June 1986 Mother of Exiles: Refugees Imprisoned in America, June 1986 MODERN CAPITAL OF HUMAN RIGHTS? Abuses in the State of Georgia Human Rights Watch New York $$$ Washington $$$ London $$$ Brussels Copyright 8 July 1996 by Human Rights Watch. All rights reserved. Printed in the United States of America. ISBN 1-56432-169-X Library of Congress Catalog Card Number: 96-77034 Addresses for Human Rights Watch 485 Fifth Avenue, New York, NY 10017-6104 Tel: (212) 972-8400, Fax: (212) 972-0905, E-mail: [email protected] 1522 K Street, N.W., #910, Washington, DC 20005-1202 Tel: (202) 371-6592, Fax: (202) 371-0124, E-mail: [email protected] 33 Islington High Street, N1 9LH London, UK Tel: (171) 713-1995, Fax: (171) 713-1800, E-mail: [email protected] 15 Rue Van Campenhout, 1000 Brussels, Belgium Tel: (2) 732-2009, Fax: (2) 732-0471, E-mail: [email protected] Website Address: http://www.hrw.org Gopher Address://gopher.humanrights.org:5000 Listserv address: To subscribe to the list, send an e-mail message to [email protected] with "subscribe hrw-news" in the body of the message (leave the subject line blank). HUMAN RIGHTS WATCH Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people. Human Rights Watch began in 1978 with the founding of its Helsinki division. Today, it includes five divisions covering Africa, the Americas, Asia, the Middle East, as well as the signatories of the Helsinki accords. It also includes three collaborative projects on arms transfers, children's rights, and women's rights. It maintains offices in New York, Washington, Los Angeles, London, Brussels, Moscow, Dushanbe, Rio de Janeiro, and Hong Kong. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, executive director; Cynthia Brown, program director; Holly J. Burkhalter, advocacy director; Barbara Guglielmo, finance and administration director; Robert Kimzey, publications director; Jeri Laber, special advisor; Lotte Leicht, Brussels office director; Juan Méndez, general counsel; Susan Osnos, communications director; Jemera Rone, counsel; and Joanna Weschler, United Nations representative. The regional directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Sidney Jones, Asia; Holly Cartner, Helsinki; and Christopher E. George, Middle East. The project directors are Joost R. Hiltermann, Arms Project; Lois Whitman, Children's Rights Project; and Dorothy Q. Thomas, Women's Rights Project. The members of the board of directors are Robert L. Bernstein, chair; Adrian W. DeWind, vice chair; Roland Algrant, Lisa Anderson, Alice L. Brown, William Carmichael, Dorothy Cullman, Gina Despres, Irene Diamond, Edith Everett, Jonathan Fanton, James C. Goodale, Jack Greenberg, Vartan Gregorian, Alice H. Henkin, Stephen L. Kass, Marina Pinto Kaufman, Bruce Klatsky, Harold Hongju Koh, Alexander MacGregor, Josh Mailman, Andrew Nathan, Jane Olson, Peter Osnos, Kathleen Peratis, Bruce Rabb, Sigrid Rausing, Orville Schell, Sid Sheinberg, Gary G. Sick, Malcolm Smith, Nahid Toubia, Maureen White, and Rosalind C. Whitehead. CONTENTS ACKNOWLEDGMENTS ................................................................................................ ix SUMMARY ...................................................................................................................... 1 International Law: Americans Need Not Apply................................................. 4 Findings ............................................................................................................. 5 Conclusion and Recommendations.................................................................. 10 POLICE ABUSE ............................................................................................................. 13 Constitutional and International Standards...................................................... 13 Atlanta ............................................................................................................. 14 Civilian Review Board..................................................................... 17 Office of Professional Standards...................................................... 19 Criminal Prosecution ....................................................................... 23 Brutality Cases from Around the State ............................................................ 25 The Federal Role.............................................................................................. 29 Conclusion and Recommendations.................................................................. 32 THE DEATH PENALTY ................................................................................................ 35 International Human Rights Standards ............................................................ 36 Background of the Death Penalty in Georgia................................................... 39 Current Practices.............................................................................................. 41 The Case of Wilburn Dobbs............................................................. 42 Racial Discrimination ...................................................................................... 44 Jury Selection................................................................................... 49 Sentencing Disparities...................................................................... 51 Legal Representation for the Poor ................................................................... 52 The Mentally Impaired Poor ............................................................ 56 Recent Developments Regarding Habeas Corpus Restrictions........................ 58 Conclusion and Recommendations.................................................................. 59 RACE AND DRUG LAW ENFORCEMENT................................................................. 60 Introduction ..................................................................................................... 60 Georgia Drug Laws.......................................................................................... 62 Drug Offense Arrests ....................................................................................... 63 Rate of Arrests Compared to Rate of Offending Conduct................ 67 Why the Disparate Impact? .............................................................. 74 Imprisonment................................................................................................... 77 Length of Sentence........................................................................... 82 Life Sentences.................................................................................
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