Tag Archives: Police Violence

Our Broken Criminal Justice System.

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Trump’s acquittal for inciting an insurrection and his pardons of some of the most treacherous criminals in our nation’s history only serve to call more attention to the inequalities of our justice system. The contrast is particularly stark in comparison to the treatment of people of color over the past year.

The truth is, the US incarcerates more people than any other nation on Earth (2.1 million as of 2018) and a higher percentage of its citizens than any other nation (639 per 100,000). Moreover, our prison populations are disproportionately people of color. And people of color are disproportionately subjected to police violence.

Why?

As with most things, the answer is: It’s complicated. Certainly, the color of one’s skin does not make one more prone to commit crimes. It does not make one more violent. Similarly, not all white people and white cops are racist. But the answer is rooted in our history of slavery, Jim Crow, and our continuing systemic racism.

For example, numerous studies have found that students of color are disproportionately affected by suspensions and punishments in schools. And the inequity begins early. Though black students represent 18 percent of preschool enrollment, they represent 42 percent of students who are suspended once and 48 percent of those suspended more than once.

The impact of such bias is long-lasting. Suspended students are less likely to graduate on time. They are more likely to repeat a grade, drop out of school, or become involved in the juvenile justice system. And, once in the system, it is difficult for them to escape. A 2018 study published in the Boston University Law Review found a profound racial disparity in the misdemeanor arrest rate” for drug possession, theft and simple assault. In addition, they are disproportionately subjected to police violence. This disparity was borne out by the Department of Justice investigation into the City of Ferguson, Missouri following the slaying of Michael Brown, an unarmed young black man.

That report revealed a pattern of unlawful conduct within the Ferguson Police Department that violated the 1st, 4th, and 14th Amendments. In short, the investigation found that the city’s administration, its police force, and its municipal court system viewed its largely black population less as residents than as sources of revenue. Residents were arrested for minor crimes and given fines they could not afford to pay. When they failed to pay the fines, the amounts were increased. Ultimately, they were jailed until they could come up with the money to obtain their release.

And Ferguson is not unique. You can find the same pattern in the poorest neighborhoods of almost every US city.

Further, as abundantly demonstrated by the George Floyd, Breanna Taylor, Philando Castile, Freddie Gray, John Crawford III, Tamir Rice, and untold others killed by police, there is significant racism within the police ranks. Young black males are killed by police at a rate 5 times greater than whites. And more than double the rate of Latinos.

Even if the police are not intentionally racist, many have preconceived, subconscious biases. Many assume people of color are guilty of something. They see expressions of free speech as unlawful disobedience. They see innocent movements as threats. And they too often resort to excessive force. Yet, although the number of documented cases of police abuse has grown as a result of the availability of cellphone video, the overwhelming majority of cases still go unreported for fear of retaliation.

There are many contributing factors for the problems: Police leadership – both at the top and within the ranks, flawed hiring practices, and inadequate or over aggressive training. Police are too often expected to deal with situations, such as mental health crises, for which they are unqualified and unprepared. And they are often the victims for poor communication from dispatchers. Police are also victims of our nation’s runaway gun culture. Any American can obtain a gun. And many have more firepower than the responding officers.

Other factors are the militarization of our police forces through the purchase of surplus military equipment. To keep these items, they must prove that they use it. That tends to escalate the violence. And we can’t overlook the police federations that make it difficult for Police Chiefs to enforce meaningful disciplinary actions against abusive officers.

Our court system is equally at fault.

The United Nations Sentencing Project found that US operates two distinct criminal justice systems: One for the wealthy. Another for the poor.

While people like Trump and his friends can afford high-powered attorneys to avoid or delay justice through complicated and expensive motions, the poor, especially people of color are treated very differently. Since the courts and public defenders are overwhelmed with caseloads, prosecutors are often able to intimidate defendants into accepting plea bargains. If they plead to a felony, they are often placed into a prison system focused on revenge rather than rehabilitation and education. Once they’re released, they’re still viewed as dangerous. In many states, they can’t vote. And they find it difficult to get jobs. All too often, that leads them to commit other crimes.

If their crimes involve mental illness, they may be even worse off. The US has all but eliminated mental health facilities. So, the mentally ill are relegated to jail cells. When they act up or become violent, they are placed in solitary confinement, which, in essence, becomes a life sentence.

We can’t make America great again. Because it never was. And it won’t be until we eliminate systemic racism and redesign the criminal justice system from top to bottom.

We All Need To Take A Deep Breath.

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After the spate of shootings of unarmed black men and children by the police, the failure to file charges, the massive demonstrations, and the retaliatory killings of two police by a mentally ill black man, it’s clear that we all need to calm the rhetoric. Charges by conservatives that the cop shootings were caused by NYC Mayor Bill DeBlasio and President Obama are not helpful. Clearly, America has a problem with race and the increased militarization of our police forces.

But there’s a related problem that has too long been swept under the carpet: Mental health.

No one has addressed the issue more thoughtfully than Royce White. White was one of the most brilliant college basketball players of the last decade. He also suffers from anxiety disorder which cut his NBA career short. But after reading his recent article which was published in The Cauldron, it appears that basketball may be the least of his talents. He is an intelligent writer and a staunch advocate for mental health. His article sums up the underlying issues that face police and our black communities…issues such as PTSD that have, thus far, been ignored by our elected officials, our major media and our national political pundits (who themselves likely suffer from some form of mental illness).

We can all learn from White’s insights. Read his article which I’ve linked here. Then take a deep breath and demand that your elected officials begin to address the issues of race and police relations…all of the issues.

What’s A Black Man’s Life Worth?

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In recent weeks we have seen a number of unarmed black men and children killed by police. We have seen video of a non-violent black man being choked to death in Staten Island for failure to pay cigarette taxes. We have heard testimony of a black teenager in Ferguson gunned down by 12 shots even though many eyewitnesses testified that he had raised his hands in a sign of surrender. We have seen a young father shot to death in a WalMart for carrying a pellet gun he intended to purchase. We have seen a 12-year-old murdered by two cops for playing with a toy gun. We have seen a mentally-ill black man armed with a small knife gunned down by two cops who opened fire within seconds of arriving on the scene. (A small knife is no threat to two police officers in a squad car who are wearing Kevlar vests and armed with Tasers, pepper spray, batons and guns.)

We have seen reports of police shooting unarmed black men and children in Arizona, California, Missouri, New York and Ohio.

These are not isolated incidents. They represent even more than a pattern. They represent an epidemic…a failure of law enforcement training and tactics, and a breakdown in the relationships of people of color with law enforcement. At best, it indicates a sense of fear and mistrust of any male of color. At worst, it indicates deep-seated racism within police departments combined with a shoot-first mentality intended to prevent any testimony that would conflict with police reports. (Dead men tell no tales.)

Likely, both are at least partially true.

In fairness, the proliferation and ever-increasing lethality of guns in our country has made the job of law enforcement more difficult. This causes police to draw their guns instead of relying upon less lethal options. But that is no excuse. Law enforcement has long assumed that citizens are armed. That fact hasn’t changed, but the reaction of officers has.

Before Darrell Wilson, the officer who shot Michael Brown, was hired by the Ferguson Police Department, he had been trained in a nearby city by a police department so inherently racist that it was disbanded by the city. Other officers involved in the shootings have been found to have posted blatantly racist comments on the Internet. Some police departments have been tied to the Ku Klux Klan and other racist organizations.

Given the distrust of police by minorities and the attitudes of some police officers, the unnecessary shootings are going to be difficult to stop. Body cameras may help restrain some behaviors and build trust, but they alone are not the answer. Videos of police violence taken by independent witnesses have resulted in few convictions. Grand juries are too likely to believe that there is more to the incident than meets the eye. They are too likely to prioritize police testimony over that of eyewitnesses. They are too likely to excuse police abuse because they understand that police work is dangerous. (It’s actually less dangerous than working as a logger, miner, fisherman, farmer, or laboratory worker. Police work is the 9th most dangerous profession in the US.) Moreover, the public is likely to excuse police excesses because they are frightened as a result of political fear-mongering. They expect the police to protect them from the bad guys and, if the police make some mistakes in doing so, they believe that’s better than the alternative.

The truth is that police seldom protect anyone. They usually arrive on the scene after the crime has already been committed. They are no longer the deterrent they once were. I believe they can only regain their effectiveness if they, once again, become a real part of the community; if they get to know the citizens they have been hired to serve; if they become a less threatening presence that encourages cooperation within the community to help prevent crimes and build trust. The police need to reflect the communities they are sworn to serve and protect. They need to rethink their training and apprehension techniques. They need to lose the military attitudes and equipment and focus on non-lethal controlling techniques.

They need to be reminded that guns are the weapon of last resort. Not a weapon of convenience.

Bullies In Blue.

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Or black, or khaki, or camoflauge or whatever police officers are wearing these days.

The events in Ferguson and St. Louis are by no means unique. But they have called attention to a long-festering problem in the US. I recognize that there are many honorable and well-intentioned police officers. Unfortunately, their good work is being overwhelmed by a growing mob of violent bullies behind badges.

I first became aware of police violence in the 1950’s when I saw police brutality against peaceful civil rights marches. In the 1960’s I saw police brutally beat anti-Vietnam War prostestors. In the 1980’s, I saw the results of an off-duty police officer ruthlessly beating an unarmed college student. (The officer’s penalty was to be assigned as public relations officer for the department.) I became involved in an incident when police handcuffed and held an African-American employee for walking while black. I heard dozens of black friends describe repeated abuse by police officers. I witnessed six city cops mace and brutally beat a black man who was already cuffed and lying face down in the snow and slush. I served on a jury for an assault trial in which the police brought charges against a black man without investigating the case. I read reports of six cops fatally shooting a frail, mentally ill woman brandishing a kitchen knife.

I thought all of this was bad, until I witnessed the cell phone video of the police shooting in St. Louis. The victim was most certainly mentally ill. The knife he was carrying was small. He could easily have been stopped and disarmed with a baton or a taser. (I’ve managed to defend myself against a knife-wielding attacker with no weapons and no Kevlar vest.) Yet two officers, both larger than the victim, pumped at least 7 rounds into the victim. The other responding officers arrived on scene with very bad attitudes and unnecessarily bullied the witnesses.

Unfortunately, this event is far from unusual. In just the past few weeks, we’ve learned of the killing of an unarmed teenager in Ferguson; of an unarmed man in Los Angeles; of a mentally ill 50-year old woman in Phoenix who was holding a claw hammer. We’ve seen a California cop brutally beat an unarmed black woman on the side of a freeway. We’ve seen a NYC cop strangle an unarmed black man to death. We’ve seen Missouri police forces surround a community with military vehicles and assault rifles pointed at unarmed protesters. And we’ve seen a police officer randomly pointing an assault weapon at demonstrators and yelling “I’m going to f***ing kill you.”

This is not policing. It’s sanctioned bullying and worse…almost certainly the result of NRA-sponsored laws which have made guns more readily available and police more nervous; of the government program that provides military weapons to police forces that have no need for them; of our national infatuation with big boy toys and weaponry; of police training that encourages the use of lethal force when threatened; of police consultants who promote confrontation; of rampant racism and the oppression of black and brown people; of political fear-mongering that makes citizens afraid of their neighbors and encourages them to excuse police brutality as long as it makes them feel safe; of prosecutors who are afraid of the political consequences for filing charges against cops; and of a disengaged populace who are afraid to speak up against police brutality.

It’s time for this to end.