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Analyzing the Investigation of the Ferguson Police Department
Mary Grace Nelson
Department of Criminal Justice, Clemson University
JUST 4880: Ethics in Law Enforcement
Mr. Nate Brooks
April 26, 2023
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ABSTRACT
The main points of this paper highlights racial discrimination that has taken place in
Ferguson, Missouri through the analysis of the Michael Brown shooting and how the Ferguson
Police Department and the Ferguson Municipal Court violated the first, fourth, and fourteenth
amendments. Through reading the police report, I learned of the heartbreaking, vile, and
degrading treatment of, mainly, African Americans in Ferguson. My viewpoint is that the brutal
manner in which Michael Brown was killed points to the systemic racism, biased treatment, and
abuse of power in the Ferguson Police Department.
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INTRODUCTION
There is so much, and yet, so little that can be accomplished in a few minutes time.
Imagine, in the time it takes to brush your teeth in the morning, you had met someone for the
first time, conversed with them, and then killed them. This someone may or may not have even
deserved to die. This reality is shocking but not far-fetched. Not, anyways, for Officer Darren
Wilson. On August 9, 2014, around noon in the suburbs of St. Louis, Wilson, a white officer,
confronted and shot a black teenager by the name of Michael Brown Jr. Witness stories and
evidence tell the parts of the story we would, otherwise, never know about. On suspicion of
theft, Wilson approached Brown in his department-issued SUV and the situation quickly
escalated. Brown’s DNA found inside the SUV and bruises left on Wilson corroborate Wilson’s
claim that Brown had reached inside the vehicle to attack him. Out of self-defense, Wilson shot
and killed Brown.
So, despite the heartbreaking death of Michael Brown Jr., this initially presents as fairly
straightforward. Wilson confronts, Brown attacks, Wilson shoots and Brown drops dead. But
here’s the kicker: Wilson shot Brown twelve times. Two shots in the SUV and ten in the streets.
No matter how aggressive Brown may have been in his attack, nothing warrants a single police
officer to shoot a teenager twelve times. This is a textbook definition of overkill. With this
knowledge, no one in their right mind could pass this off as noble or innocent self-defense. This
one situation paints a picture of, not only a less-than-admirable cop, but a grossly corrupted
police department.
Through this tragedy, the Ferguson Police Department, FPD, was exposed for
inexcusable, yet consistent, behavior. The department focuses on revenue over their
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responsibility to the people of Ferguson. Pressured by the city to bring in more revenue,
Ferguson’s municipal court has abused its power over the people, making punishments much
harsher than could ever be thought reasonable. “Jail time would be considered far too harsh a
penalty for the great majority of these code violations, yet Ferguson’s municipal court routinely
issues warrants for people to be arrested and incarcerated for failing to timely pay related fines
and fees.” (Justice Department, 2015, p. 3) Behavior like this is unacceptable, but only one facet
of their injustice towards the public. Racial bias was displayed by officers consistently. It was
not unheard of for white officers to randomly demand the IDs of African Americans and speak to
them in an incredibly degrading and disrespectful manor. These are just a couple examples of
the FPD’s abuse of power and if not concerning enough, the FPD report draws attention to the
blatant disregard of three separate U.S. amendments.
FIRST AMENDMENT
The first U.S. amendment states that, “Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances.” (Constitution Center, 2023) The FPD frequently
prevented Ferguson’s citizens right to record police activities and infringed on their freedom of
speech. Lawful expression of discontent was punishable by the FPD’s standards. February 9,
2015 marked the six-month anniversary of Michael Brown Jr.’s death and so, a group protested
outside the police station. Despite protesting in a lawful and peaceful manner, FPD vehicles
responded to the protest and an officer yelled, “Everybody here’s going to jail.” This caused
chaos amongst the peaceful protestors and the situation soon escalated to officers using force to
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arrest some of the protestors and threatening nearby witnesses to get out of the way unless they
wanted to get arrested. No attempts were made by officers to deescalate the situation. In this
example and others, the FPD treated the mere words of another as punishable by jailtime.
Sometimes, the way a person delivered their words was labeled as “contempt of cop” and,
therefore, punishable. This displays the blatant disregard for the first amendment’s protection of
free speech and expression, as well as the unwillingness to entertain and consider the perceived
injustices of the protestors.
FOURTH AMENDMENT
The fourth U.S. amendment states that, “The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation,
and particularly describing the place to be searched, and the persons or things to be seized.”
(Constitution Center, 2023). The FPD consistently used excessive force when dealing with the
public. Tasers and canines were used in extremely inappropriate situations that called for
significantly less use of force. According to the FPD report, “The overwhelming majority of
force—almost 90%—is used against African Americans.” (Justice Department, 2015, p. 28)
Racial discrimination was not only tolerated by the FPD, but viewed as an everyday, normal
occurrence. On countless occasions, officers disregarded the need for reasonable suspicion and
detained individuals without probably cause. Essentially, if an individual’s countenance made
them feel disrespected, that would be enough reason to place that individual under arrest. Or if
detaining an individual would help further a case, even though they had no grounds to arrest, it
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was enough of a green light for the FPD. And, not surprisingly, many of those suffering from
this abuse of power were African American.
FOURTEENTH AMENDMENT
The fourteenth U.S. amendment, section one, states that, “All persons born or naturalized
in the United States, and subject to the jurisdiction thereof, are citizens of the United States and
of the State wherein they reside. No State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any State deprive any person
of life, liberty, or property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.” (Constitution Center, 2015) If it was not clear
before, it should be clear by now that racial discrimination was a consistent and unpunished
behavior within the FPD. It was far too common for African Americans to be verbally and
physically abused, arrested without reasonable suspicion, and completely degraded and
disrespected by officers solely because of the color of their skin. “from 2011 to 2013, African
Americans accounted for 95% of Manner of Walking in Roadway charges, and 94% of all
Failure to Comply charges.” (Justice Department, 2015, p. 4) and “Nearly 90% of documented
force used by FPD officers was used against African Americans.” (Justice Department, 2015, p.
5) This behavior, in no way, should be tolerated and it is not a reflection on the principles
America was built upon. The FPD imposed unnecessary harm on the public by holding racial
bias, perpetuating racial stereotypes, and acting with discriminatory intent. Officers were not
held accountable for these unethical and illegal actions, which perpetuated racist and general
discrimination.
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Additionally, equal protection and due process were routinely ignored in Ferguson’s
municipal court. “the court primarily uses its judicial authority as the means to compel the
payment of fines and fees that advance the City’s financial interests.” (Justice Department, 2015,
p. 3) The priority was no longer to treat everyone fairly and provide the people with an
unbiased and level-headed judicial system, but to perpetuate the monetary gains of the city.
Human lives became nothing more than potential dollar bills. The dehumanization of the people
of Ferguson by the Ferguson Municipal Court is grossly unethical should not go unnoticed.
CONCLUSION
Ferguson, Missouri carried these filthy secrets that were exposed by the death of Michael
Brown Jr. The racial discrimination and the abuse of power in the FPD and municipal court
gives a certain amount of clarity when viewing the happenings of August 9, 2015. It is likely
that Michael Brown Jr. was a victim of racial hate and it is also likely that racial discrimination
was a factor in the brutal manner of his death. Wilson’s desire to defend himself in the moment,
although inherently a natural and plausible reflex, turned sour when not one, not two, but twelve
bullet holes were found in Brown’s body. Something beneath the surface bubbled up in Wilson
that should never have been there to begin with. Something that was not only not addressed by
the FPD but encouraged through tolerance. And it happened when the stakes were highest and a
highly vetted, well-trained officer was needed the most. There is a possibility that, if the FPD
had actually implemented what they stand for, true, unbiased justice, and trained their officers
with that in mind and heart, Michael Brown might still be alive. It begs the question: how many
other Michael Browns are 6-feet-under in Ferguson, Missouri? And what are we, as a country,
going to do about it?
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References
(n.d.). The Amendments. Nation Constitution Center. https://constitutioncenter.org/theconstitution/amendments
(n.d). Investigation of the Ferguson Police Department. United States Department of Justice
Civil Rights Division. (2015).