DC police detained, questioned and searched a man

2013 年夏天的一個下午，

who appeared suspicious and potentially dangerous.

華盛頓警察以某男子面目可疑、

This wasn't what I was wearing the day of the detention, to be fair,

可能是危險分子為由 而予以拘留、問話、搜身。

but I have a picture of that as well.

我被拘留時並非穿着這件衣服，

I know it's very frightening -- try to remain calm.

但當時穿的衣服我也有拍照。

(Laughter)

我知道這件衣服有點刺激眼睛—— 拜託你們還是冷靜一下吧。

At this time, I was interning

（笑聲）

at the Public Defender Service in Washington DC,

當時我在華盛頓

and I was visiting a police station for work.

「公設辯護律師服務」見習，

I was on my way out,

因工作關係到訪一間警局。

and before I could make it to my car,

當我正在離開、

two police cars pulled up to block my exit,

還未走到我的車前，

and an officer approached me from behind.

就被兩輛警車上前堵住去路，

He told me to stop, take my backpack off

其中一名警員從後向我靠近。

and put my hands on the police car parked next to us.

他叫我停下、放下背包、

About a dozen officers then gathered near us.

把雙手放在停在旁邊的警車。

All of them had handguns,

隨後多名警員圍着我們，

some had assault rifles.

他們每一名都荷槍，

They rifled through my backpack.

甚至突擊步槍。

They patted me down.

他們搜查我的背包，

They took pictures of me spread on the police car,

搜身，

and they laughed.

拍下我趴在警車上的照片，

And as all this was happening --

然後放聲大笑。

as I was on the police car trying to ignore the shaking in my legs,

當這一切都在進行時——

trying to think clearly about what I should do --

我在警車旁試着不理會 自己發抖的雙腿，

something stuck out to me as odd.

並細心思考我應該如何做時——

When I look at myself in this photo,

我發現了一些怪事。

if I were to describe myself,

當我望着這幅照片時，

I think I'd say something like,

若要我形容自己，

"19-year-old Indian male, bright T-shirt, wearing glasses."

我會說：

But they weren't including any of these details.

「 19 歲印度裔男性， 鮮色汗衫、架着眼鏡。」

Into their police radios as they described me,

但警察們並沒有記錄這些明細。

they kept saying, "Middle Eastern male with a backpack.

他們在對講機上形容我時，

Middle Eastern male with a backpack."

不停說：「帶着背包的中東裔男子。

And this description carried on into their police reports.

帶着背包的中東裔男子。」

I never expected to be described by my own government in these terms:

這些內容都記錄在警察報告上。

"lurking,"

我從來沒想過自己的 政府用這些字眼形容我：

"nefarious,"

「鬼鬼崇崇」、

"terrorist."

「心術不正」、

And the detention dragged on like this.

「恐怖分子」。

They sent dogs trained to smell explosives to sweep the area I'd been in.

拘留過程不停重覆這些動作：

They called the federal government to see if I was on any watch lists.

他們把受過嗅辨爆炸品訓練的警犬 帶過來掃視我踏足的地方，

They sent a couple of detectives to cross-examine me on why,

他們詢問聯邦政府 我是否在監視名單，

if I claimed I had nothing to hide,

他們派數名探員盤問我：

I wouldn't consent to a search of my car.

既然我聲稱自己沒有任何隱瞞，

And I could see they weren't happy with me,

那為何不允許他們搜查我的車？

but I felt I had no way of knowing what they'd want to do next.

我感覺到他們對我不滿，

At one point, the officer who patted me down

但我無從知道他們 下一步要我做甚麼。

scanned the side of the police station to see where the security camera was

那個把我搜身的警員甚至

to see how much of this was being recorded.

查看警局旁哪裡有保安攝錄器，

And when he did that,

以知道他們對我做的事 有多少被錄下來。

it really sank in how completely I was at their mercy.

當他這樣做時，

I think we're all normalized from a young age

我終於明白：人為刀俎，我為魚肉。

to the idea of police officers and arrests and handcuffs,

相信我們自小都習慣了

so it's easy to forget how demeaning and coercive a thing it is

警員用手鐐逮捕疑犯，

to seize control over another person's body.

所以他們要控制別人身體時，

I know it sounds like the point of my story

我們不覺得這是侮辱。

is how badly treated I was because of my race --

大家或會覺得我只不過想說

and yes, I don't think I would've been detained if I were white.

我都是因為種族身分 而被粗暴對待——

But actually, what I have in mind today is something else.

如果我是白人，一定不會被拘留。

What I have in mind is how much worse things might've been

但我現在想到另一樣東西：

if I weren't affluent.

如果我不是家境富裕的話，

I mean, they thought I might be trying to plant an explosive,

我的遭遇或會更差。

and they investigated that possibility for an hour and a half,

他們以為我埋下爆炸品，

but I was never put in handcuffs,

因而花了一小時半進行調查，

I was never taken to a jail cell.

但我從沒被扣上手鐐，

I think if I were from one of Washington DC's poor communities of color,

也從沒被帶進牢房。

and they thought I was endangering officers' lives,

如果我是華盛頓貧窮 有色人種社區的一員，

things might've ended differently.

而且警員認為我危害他們性命安全，

And in fact, in our system, I think it's better to be an affluent person

事情發展可能完全不一樣。

suspected of trying to blow up a police station

在這制度下，作為一個富裕人士

than it is to be a poor person

被懷疑引爆警局，

who's suspected of much, much less than this.

總比作為一個窮人好過，

I want to give you an example from my current work.

富人被懷疑程度遠比窮人低。

Right now, I'm working at a civil rights organization in DC,

讓我從目前的工作舉個例子說明。

called Equal Justice Under Law.

目前我任職於華盛頓的民權組織，

Let me start by asking you all a question.

它叫做「法律之下司法平等」。

How many of you have ever gotten a parking ticket in your life?

首先讓我問大家一條問題：

Raise your hand.

有誰曾經收過違規停車罰單？

Yeah. So have I.

請舉手。

And when I had to pay it,

我也收過。

it felt annoying and it felt bad,

我要繳交罰款時，

but I paid it and I moved on.

覺得這實在討厭，感覺糟透，

I'm guessing most of you have paid your tickets as well.

但我最後都繳交了事。

But what would happen if you couldn't afford the amount on the ticket

相信在座大部分人都曾繳交罰款。

and your family doesn't have the money either, what happens then?

但若各位無力負擔罰款、

Well, one thing that's not supposed to happen under the law is,

家人也無力負擔罰款會怎辦﹖

you're not supposed to be arrested and jailed

法律下不能容許發生的事之一，

simply because you can't afford to pay.

就是不能因為無力繳交罰款

That's illegal under federal law.

就被逮捕和囚禁。

But that's what local governments across the country are doing

這是違反聯邦法律的，

to people who are poor.

然而全國的地方政府都對窮人

And so many of our lawsuits at Equal Justice Under Law

進行這種違法的事。

target these modern-day debtors' prisons.

「法律之下司法平等」 處理的很多訴訟，

One of our cases is against Ferguson, Missouri.

都是針對現代版「欠債人牢獄」。

And I know when I say Ferguson,

其中一單訴訟是針對 密蘇里州佛格遜政府。

many of you will think of police violence.

當我提到佛格遜這名字，

But today I want to talk about a different aspect

大家或會聯想起警察暴力事件。

of the relationship between their police force and their citizens.

但我今天要從另一角度

Ferguson was issuing an average of over two arrest warrants,

談警民關係。

per person, per year,

佛格遜政府每年平均向每人發出

mostly for unpaid debt to the courts.

超過兩項逮捕令，

When I imagine what that would feel like if, every time I left my house,

大部分都是為法院追討欠債。

there was a chance a police officer would run my license plate,

當我想起如果每次我離開住所後，

see a warrant for unpaid debt,

我或被警員根據車牌號碼翻查資料，

seize my body they way the did in DC

以欠債為由發出逮捕令、

and then take me to a jail cell,

就像在華盛頓時把我的身體按下、

I feel a little sick.

然後把我送進牢房時，

I've met many of the people in Ferguson who have experienced this,

我就會渾身不自在。

and I've heard some of their stories.

我在佛格遜遇過有這些經歷的人，

In Ferguson's jail,

也聽過他們的親身經歷。

in each small cell, there's a bunk bed and a toilet,

在佛格遜的監獄，

but they'd pack four people into each cell.

每個小牢房都有 一張雙層床和一個馬桶，

So there'd be two people on the bunks and two people on the floor,

但每個牢房卻擠著四個人。

one with nowhere to go except right next to the filthy toilet,

兩人睡在床上，兩人睡地板，

which was never cleaned.

骯髒的馬桶就在咫尺，

In fact, the whole cell was never cleaned,

從來沒有清潔過。

so the floor and the walls were lined with blood and mucus.

其實整個牢房都沒有清潔過，

No water to drink,

地板和牆上滿是血跡和粘液。

except coming out of a spigot connected to the toilet.

沒有任何飲用水，

The water looked and tasted dirty,

只有來自馬桶的水。

there was never enough food,

馬桶水看上去很骯髒， 其味道也是如此，

never any showers,

從來沒有足夠食物，

women menstruating without any hygiene products,

從來沒有機會淋浴，

no medical attention whatsoever.

女士月經時沒有衞生用品可用，

When I asked a woman about medical attention,

得不到任何醫療協助。

she laughed, and she said, "Oh, no, no.

當我問她們其中一位 有否得到醫療協助時，

The only attention you get from the guards in there is sexual."

她失笑並說：「當然沒有。

So, they'd take the debtors to this place and they'd say,

獄卒反而只有興趣跟我們性交。」

"We're not letting you leave until you make a payment on your debt."

他們只把欠債人帶進監獄並說：

And if you could -- if you could call a family member

「未能還清債務就休想離開。」

who could somehow come up with some money,

如果你可以致電家人求助、

then maybe you were out.

叫他們給你一點錢的話，

If it was enough money, you were out.

你就可以離開。

But if it wasn't, you'd stay there for days or weeks,

錢足夠的話，你才可以走。

and every day the guards would come down to the cells

錢不夠的話就要在這裡多呆幾天，

and haggle with the debtors about the price of release that day.

每天獄卒就會來到牢房，

You'd stay until, at some point, the jail would be booked to capacity,

跟欠債人爭辯交多少錢才可以離開。

and they'd want to book someone new in.

監獄總會有滿額的一天，

And at that point, they'd think,

他們要帶新人進來時，

"OK, it's unlikely this person can come up with the money,

就會這樣考慮：

it's more likely this new person will."

「這個人怕是還不起錢了，

You're out, they're in, and the machine kept moving like that.

反而新人更有可能還錢。」

I met a man who,

舊人出新人入，系統就是這樣運作。

nine years ago, was arrested for panhandling in a Walgreens.

我曾經見過

He couldn't afford his fines and his court fees from that case.

一位九年前因在藥房 行乞而被捕的男子。

When he was young he survived a house fire,

他無力繳付罰款和訴訟堂費。

only because he jumped out of the third-story window to escape.

他年輕時在家居火災生還，

But that fall left him with damage to his brain

但只因為他是從三樓窗戶躍下逃生。

and several parts of this body, including his leg.

這一跳令他腦部

So he can't work,

以及大腿等身體部位受損。

and he relies on social security payments to survive.

因此他無法工作，

When I met him in his apartment,

需要依靠社會保障金過活。

he had nothing of value there -- not even food in his fridge.

當我探訪他的寓所時，

He's chronically hungry.

他身無分文，冰箱連食物也沒有。

He had nothing of value in his apartment except a small piece of cardboard

他長期挨餓。

on which he'd written the names of his children.

他家徒四壁，只有一小塊紙板，

He cherished this a lot. He was happy to show it to me.

上面寫着他孩子的名字。

But he can't pay his fines and fees because he has nothing to give.

他珍而重之、很樂意的給我看。

In the last nine years, he's been arrested 13 times,

他身無分文而無力繳付罰款和規費。

and jailed for a total of 130 days on that panhandling case.

九年來他被逮捕 13 次，

One of those stretches lasted 45 days.

因那次行乞就被監禁共 130 天。

Just imagine spending from right now until sometime in June

有一次他更被連續囚禁 45 天。

in the place that I described to you a few moments ago.

試想像一下由現在直至六月

He told me about all the suicide attempts he's seen in Ferguson's jail;

待在我剛才形容的地方。

about the time a man found a way to hang himself

他告訴我佛格遜監獄中 很多人企圖自殺；

out of reach of the other inmates,

一名男子去其他囚犯到不了的地方

so all they could do was yell and yell and yell,

試圖吊頸自盡，

trying to get the guards' attention

他們可做的只是拼命叫喊，

so they could come down and cut him down.

試圖引起獄卒的注意，

And he told me that it took the guards over five minutes to respond,

希望獄卒趕過來把他救回來。

and when they came, the man was unconscious.

他說獄卒五分鐘後才回應，

So they called the paramedics and the paramedics went to the cell.

當他們來到時那人已經不省人事。

They said, "He'll be OK,"

獄卒電召醫療輔助人員， 醫護來到時，

so they just left him there on the floor.

就說：「他沒事的。」

I heard many stories like this and they shouldn't have surprised me,

他們就任由那人躺在地上。

because suicide is the single leading cause of death in our local jails.

這些故事我聽過多遍，我不感驚訝，

This is related to the lack of mental health care in our jails.

因為自殺是地區監獄中 囚犯的首要死因。

I met a woman, single mother of three, making seven dollars an hour.

這跟監獄中缺乏精神健康協助有關。

She relies on food stamps to feed herself and her children.

我見過一名三子之母， 她時薪七美元，

About a decade ago,

她和孩子都要靠食物配給券過活。

she got a couple of traffic tickets and a minor theft charge,

大約十年前，

and she can't afford her fines and fees on those cases.

她收到幾張交通違規罰單 和被控小型盜竊，

Since then, she's been jailed about 10 times on those cases,

但無力繳付罰款和訴訟堂費。

but she has schizophrenia and bipolar disorder,

因此她在往後被監禁約十次，

and she needs medication every day.

然而她患上精神分裂症 和狂躁抑鬱症，

She doesn't have access to those medications in Ferguson's jail,

需要每天服藥。

because no one has access to their medications.

她在佛格遜監獄得不到藥物服用，

She told me about what it was like to spend two weeks in a cage,

因為所有囚犯都得不到藥物服用。

hallucinating people and shadows and hearing voices,

她告訴我待在牢房那兩星期間

begging for the medication that would make it all stop,

幻覺到身邊有人、影和聲音等等，

only to be ignored.

哀求獄方提供藥物以消除幻覺，

And this isn't anomalous, either:

卻無人理會。

thirty percent of women in our local jails have serious mental health needs

這卻並非特例：

just like hers,

地區監獄有三成女囚犯 極需要精神健康協助，

but only one in six receives any mental health care while in jail.

就像她一樣，

And so, I heard all these stories about this grotesque dungeon

但只有六分之一的人 在獄中得到精神協助。

that Ferguson was operating for its debtors,

佛格遜監獄為欠債人 設置荒唐的地牢，

and when it came time for me to actually see it

那些駭人傳聞我全都聽過，

and to go visit Ferguson's jail,

但當我有機會到訪佛格遜監獄

I'm not sure what I was expecting to see,

去親眼目睹那些囚牢，

but I wasn't expecting this.

我不清楚會看到些甚麼，

It's an ordinary government building.

但我意料不到會見到這情景。

It could be a post office or a school.

監獄看來就像普通政府辦公大樓，

It reminded me that these illegal extortion schemes

看來像郵局或學校。

aren't being run somewhere in the shadows,

這提醒我一切違法的敲詐勾當

they're being run out in the open by our public officials.

都不是在暗黑中進行，

They're a matter of public policy.

而是由官員們在光天化日下進行。

And this reminded me that poverty jailing in general,

這些勾當攸關公共政策。

even outside the debtors' prison context,

這也提醒我，因貧窮而受牢獄——

plays a very visible and central role in our justice system.

即使撇除欠債人牢獄的情況——

What I have in mind is our policy of bail.

在司法制度內的角色也舉足輕重。

In our system, whether you're detained or free,

我想到的就是保釋制度。

pending trial is not a matter of how dangerous you are

在這制度中，被拘留或獲釋放，

or how much of a flight risk you pose.

並非視乎當事人有多大危險性

It's a matter of whether you can afford to post your bail amount.

或者有多大機會潛逃，

So Bill Cosby, whose bail was set at a million dollars,

而是視乎當事人能否負擔保釋金。

immediately writes the check, and doesn't spend a second in a jail cell.

演員比爾 · 科斯比的保釋金 高達百萬美元，

But Sandra Bland, who died in jail,

他立即以支票交款就絲毫不用坐牢。

was only there because her family was unable to come up with 500 dollars.

但死在獄中的桑德拉 · 布蘭德，

In fact, there are half a million Sandra Blands across the country --

她只因家人交不出 500 元就被監禁。

500,000 people who are in jail right now,

其實全國有 50 萬 像布蘭德一樣的人——