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“Privilege Of Arrest Without Incident”: Take A Moment And Consider This, Take A Long Moment

The day after Christmas, a shooter terrorized the streets of a Chattanooga, Tenn., neighborhood. According to the local newspaper, the shooter was “wearing body armor” and “firing multiple shots out her window at people and cars.” One witness told the paper that the shooter was “holding a gun out of the window as if it were a cigarette.”

There’s more:

“Officers found two people who said they were at a stop sign when a woman pulled up in a dark-colored sedan and fired shots into their vehicle, hitting and disabling the radiator. Then more calls reported a woman pointing a firearm at people as she passed them in her car, and that she fired at another vehicle in the same area.”

When police officers came upon the shooter, the shooter led them on a chase. The shooter even pointed the gun at a police officer.

Surely this was not going to end well. We’ve all seen in recent months what came of people who did far less. Surely in this case officers would have been justified in using whatever force they saw fit. Right?

According to the paper, the shooter was “taken into custody without incident or injury.”

Who was this shooter anyway? Julia Shields, a 45-year-old white woman.

Take a moment and consider this. Take a long moment. It is a good thing that officers took her in “without incident or injury,” of course, but can we imagine that result being universally the case if a shooter looks different? Would this episode have ended this way if the shooter had been male, or black, or both?

It’s an unanswerable question, but nevertheless one that deserves pondering. Every case is different. Police officers are human beings making split-second decisions — often informed by fears — about when to use force and the degree of that force.

But that truth is also the trap. How and why are our fears constructed and activated? The American mind has been poisoned, from this country’s birth, against minority populations. People of color, particularly African-American men, have been caught up in a twister of macroaggressions and micro ones. No amount of ignoring can alleviate it; no amount of achieving can ameliorate it.

And in a few seconds, or fractions of a second, before the conscious mind can catch up to the racing heart, decisions are made that can’t be unmade. Dead is forever.

It’s hard to read stories like this and not believe that there is a double standard in the use of force by the police. Everyone needs to be treated as though his or her life matters. More suspected criminals need to be detained and tried in a court of law and not sentenced on the street to a rain of bullets.

It is no wonder that whites and blacks have such divergent views of treatment by the police. As The Washington Post noted recently about a poll it conducted with ABC News, only about two in 10 blacks “say they are confident that the police treat whites and blacks equally, whether or not they have committed a crime.” In contrast, six in 10 whites “have confidence that police treat both equally.”

Michael Brown was unarmed. (Some witnesses in Ferguson, Mo., say he had his hands up. Others say he charged an officer.)

Eric Garner was unarmed on a Staten Island street.

Tamir Rice was 12 years old, walking around a Cleveland park and holding a toy gun that uses nonlethal plastic pellets, but he didn’t shoot at anyone.

John Crawford was in an Ohio Walmart, holding, but not shooting, an air rifle he had picked up from a store shelf.

The police say Antonio Martin had a gun and pointed it at a police officer in Berkeley, Mo., but didn’t fire it.

And last Tuesday, the police say, a handgun was “revealed” during a New Jersey traffic stop of a car Jerame C. Reid was in.

But none had the privilege of being “arrested without incident or injury.” They were all black, all killed by police officers. Brown was shot through the head. Garner was grabbed around the neck in a chokehold, tossed to the ground and held there, even as he pleaded that he couldn’t breathe; it was all caught on video. Rice was shot within two seconds of the police officers’ arrival on the scene. Crawford, Martin and Reid were also cut down by police bullets.

In the cases that have been heard so far by grand juries, the grand juries have refused to indict the officers.

Maybe one could argue that in some of those cases the officers were within their rights to respond with lethal force. Maybe. But shouldn’t the use of force have equal application? Shouldn’t it be color- and gender-blind? Shouldn’t more people, in equal measures, be taken in and not taken out?

Why weren’t these black men, any of them, the recipients of the same use of force — or lack thereof — as Julia Shields?

 

By: Charles M. Blow, Op-Ed Columnist, The New York Times, January 4, 2015

January 12, 2015 Posted by | Criminal Justice System, Police Abuse, White Privilege | , , , , , , , | 1 Comment

“Race, The Police And The Propaganda”: There’s A Different Criminal Justice System For Civilians And Police, And They Know It

Welcome visitors to New York City! This has been the best time ever to urinate on a street, sneak onto the subway or run a red light, for the police force has been on a virtual strike.

Police officers may be making a point for contract negotiations. But many also are genuinely frustrated and, along with millions of other Americans, seem sympathetic to an argument that goes like this:

The real threat to young black men isn’t white cops. It’s other black men. Police officers are numerous in black neighborhoods not because they want to hang out there, but because they’re willing to risk their lives to create order on streets where too many residents have kids outside of marriage, or collect government benefits but disdain jobs. Instead of receiving thanks for their efforts, cops have been cursed and attacked. Hate-mongering led by President Obama built a climate of animosity that led to the murder of two of New York’s finest. And where are the street protests denouncing those racist murders? Don’t blue lives count?

Rudy Giuliani, the former mayor of New York and de facto spokesman for that viewpoint, put it this way in November when he was asked about Ferguson, Mo., on “Meet the Press”: “I find it very disappointing that you’re not discussing the fact that 93 percent of blacks in America are killed by other blacks. We’re talking about the exception here.”

“What about the poor black child that is killed by another black child?” he added. “Why aren’t you protesting that?”

After the assassination of the two New York police officers, Giuliani declared: “We’ve had four months of propaganda, starting with the president, that everybody should hate the police.”

That view has gained traction, creating an astonishing impasse in America’s largest city. In one week in late December, the number of police citations, summonses and arrests in some categories fell by 90 percent from the same week the previous year.

That’s not “a few bad apples.” That’s the apple basket.

Most of us understand that police officers are often in an impossible position, and we appreciate their courage and good work. When they work.

So let’s examine the narrative that Giuliani and others have spread.

Take the argument that police killings are a red herring because the biggest threat to blacks is other blacks. The latter part is true. Where the perpetrator has been identified, 93 percent of murderers of blacks are also black. Then again, it’s equally true that 84 percent of murderers of whites are fellow whites.

So?

How would we feel if we were told: When Americans are killed by Muslim terrorists, it’s an exception. Get over it.

Some offenses are particularly destructive because they undermine the social system. Terrorism is in that category, and so is police abuse. Unfortunately, there’s evidence that such abuse is too common.

In 2012, an African-American detective in the New York City Police Department, Harold Thomas, hobbled from a nightclub to his car (he had been shot a year earlier by a would-be armed robber). Other police officers didn’t recognize him and, according to Thomas, slammed his head into his vehicle, threw him to the ground and handcuffed him. He is suing the city.

Thomas, who retired last year after 30 years, admires the police force but says the racial bias is ingrained — caused by a small percentage of officers who “make everyone look bad.”

Reuters interviewed 25 African-American male police officers, some retired, in New York City and said all but one reported having been subjected to unwarranted incidents — from stop-and-frisks to being thrown into prison vans. Five said they had had guns pulled on them.

A 2010 New York State task force report on police-on-police shootings identified 14 officers around the country killed by fellow officers over the previous 15 years in mistaken identity shootings. Ten of the 14 were officers of color.

Then there’s a ProPublica investigation that found that young black men are shot dead by police at 21 times the rate of young white men.

It’s true that some on the left who are aghast at racial profiling are sometimes prone to career profiling: We should stereotype neither black youths nor white cops. Some extremist protesters turned to the slogan “arms up, shoot back,” or to chants of “What do we want? Dead cops.” That was inexcusable. But, of course, that’s not remotely what Obama was saying.

PunditFact reviewed all of Obama’s statements and found that he never encouraged hostility toward police; it labeled that Giuliani assertion as “pants on fire.” Good for Obama and other politicians — including Mayor Bill de Blasio — for trying to shine a light on inequality in law enforcement.

“Many of my peers were deeply racist,” Redditt Hudson, a former St. Louis cop, wrote in The Washington Post last month. He described seeing force used unnecessarily, particularly against blacks, such as the time a boy who couldn’t walk was punched, handcuffed and dragged by his ankles from his home to a car.

Hudson said that the fundamental need is an end to impunity.

“Cops aren’t held accountable for their actions, and they know it,” he wrote. “These officers violate rights with impunity. They know there’s a different criminal justice system for civilians and police. Even when officers get caught, they know they’ll be investigated by their friends, and put on paid leave.”

Race is a nettlesome issue, and I recognize that I’m calling for more diversity and accountability in police forces even as my own institution — the press — doesn’t look like America either.

We can all do better. Put yourselves in the shoes of the family of Tamir Rice, the black 12-year-old boy shot dead in November in Cleveland. A 911 call had reported someone carrying a “probably fake” gun, and Tamir was carrying a pellet pistol.

A white police officer, who had previously been judged unprepared for the stresses of the job, shot Tamir. A video released a few days ago shows the boy’s 14-year-old sister rushing to her fallen brother — and then tackled by police, handcuffed, and placed in a police car a few feet from her dying brother. The officers stood around and gave him no medical aid.

To those who see no problem in policing, just one question: What if that were your son or daughter?

 

By: Nicholas Kristof, Op-Ed Columnist, The New York Times, January 10, 2015

January 11, 2015 Posted by | Criminal Justice System, NYPD, Police Abuse | , , , , , , , , | Leave a comment

“Why We Can’t Educate Racism Away”: At Its Root, Racism Is A Structural Problem

How prejudiced are Americans? The internet knows. Whether it’s racism, sexism, cissexism, transphobia, classism, sizeism, or ableism, online residents are watching out for it and pointing it out at tremendous volume. Whole tumblrs are dedicated to meticulously cataloging the prejudiced histories of famous people.

While often useful and necessary, this strategy comes up short. The idea is that by “calling out” individual acts of oppression, we can raise awareness about the myriad subtle ways that prejudice manifests itself. The citizenry, better educated, will adjust its behaviors.

The problem is that white people, our dominant and most privileged socioeconomic group, tend to resist these critiques. In the case of racism, they are the ones who benefit from prejudice, and they squirm out of this stigma in increasingly interesting ways. How? These days, by loudly agreeing with those critiques, thereby signaling that they are meant for other, bad white people.

Think of the guy in critical theory class who embraces radical feminist authors extra-fervently in a bid to escape his own implication in the patriarchy. This bit of political jujitsu is rather “like buying an indulgence,” as Reihan Salam put it at Slate.

One might respond that the answer is improved self-knowledge, greater humility, and more self-flagellation on the part of the privileged (see: #CrimingWhileWhite). Sure. But the problem is that there is no possible demonstration of prejudice and privilege that cannot also be appropriated by white people in the service of demonstrating the purity of their own views, resulting in an endless vortex of uncomfortable, obnoxious earnestness. Being a Not-Racist these days is getting very subtle indeed.

But there’s another approach that is both simpler and far more difficult. Instead of focusing on individual guilt and innocence, the socioeconomic structure that undergirds racism can get equal or greater billing. If educating the privileged has reached a point of diminishing returns, then attacking racist outcomes with structural policy can make that education unnecessary.

Now, it should be noted that any individual instance of calling out prejudice is surely harmless and heartfelt. It should further be noted that many if not most anti-prejudice activists share these structural goals. The problem is a question of emphasis. Prejudiced words tend to get 10 times more attention than racist acts and structures. For example, Donald Sterling was hounded mercilessly for his racist comments, but largely ignored for his concretely racist actions as a landlord.

And the problems America faces go far beyond one rotten rich person. There’s the prison-industrial complex. The stupendous wealth and income gap between black and white. The fact that the police randomly gun down unarmed black men and boys on a regular basis. That’s just for starters — and it’s getting worse, not better.

Working on those problems is going to take a massive nationwide policy effort. Prison and sentencing reform, ending the drug war, overhauling American policing, and implementing quota-based affirmative action would be a good start. In particular, there is a good case for class to take center stage in any anti-prejudice effort. Nearly all racist oppression is heavily mediated through economic structures and worsened by endemic poverty.

More importantly, income differences and poverty are easy problems to fix policy-wise. (Fixing American police is a hellish problem and I have no idea where to start.) But a lack of money can be bridged with simple income transfers, from the rich to the poor.

All of this is very hard lift politically, of course. But substantive politics is the best way to get past people’s nearly infinite capacity for self-exculpation. If the root of racism is in our structures, then structural policy should be the solution.

 

By: Ryan Cooper, The Week, December 25, 2014

December 27, 2014 Posted by | Criminal Justice System, Inequality, Racism | , , , , , , | Leave a comment

“Is It Bad Enough Yet?”: “True Citizenship” In The Words Of Jefferson, Is “People Continually Protesting”

The police killing unarmed civilians. Horrifying income inequality. Rotting infrastructure and an unsafe “safety net.” An inability to respond to climate, public health and environmental threats. A food system that causes disease. An occasionally dysfunctional and even cruel government. A sizable segment of the population excluded from work and subject to near-random incarceration.

You get it: This is the United States, which, with the incoming Congress, might actually get worse.

This in part explains why we’re seeing spontaneous protests nationwide, protests that, in their scale, racial diversity, anger and largely nonviolent nature, are unusual if not unique. I was in four cities recently — New York, Washington, Berkeley and Oakland — and there were actions every night in each of them. Meanwhile, workers walked off the job in 190 cities on Dec. 4.

The root of the anger is inequality, about which statistics are mind-boggling: From 2009 to 2012 (that’s the most recent data), some 95 percent of new income has gone to the top 1 percent; the Walton family (owners of Walmart) have as much wealth as the bottom 42 percent of the country’s people combined; and “income mobility” now describes how the rich get richer while the poor … actually get poorer.

The progress of the last 40 years has been mostly cultural, culminating, the last couple of years, in the broad legalization of same-sex marriage. But by many other measures, especially economic, things have gotten worse, thanks to the establishment of neo-liberal principles — anti-unionism, deregulation, market fundamentalism and intensified, unconscionable greed — that began with Richard Nixon and picked up steam under Ronald Reagan. Too many are suffering now because too few were fighting then.

What makes this an exciting time is that we are beginning to see links among issues that we have overlooked for far too long.

In 1970, after spending a year in New York absorbed by concerns seemingly as disparate as ending the war, supporting the rights of Black Panthers to get fair trials (and avoid being murdered) and understanding the role of men in the women’s movement, I — and others — had conversations like this: “Let’s make people understand that all of those issues, plus poverty and racism and the environment and more, are all part of the same picture, and that fixing things means citizens have to regain power and work in their own interests.”

Of course we failed, as others did before and since. But these same things can be said now, and they’re being said by people of all colors. When underpaid workers begin their strikes by saying “I can’t breathe,” or by holding their hands over their heads and chanting “Hands up, don’t shoot,” they’re recognizing that their struggle is the same as that of African-Americans demanding dignity, respect and indeed safety on their own streets.

And of course it’s the same struggle: “It’s the same people,” says Saru Jayaraman, the director of the Food Labor Research Center at the University of California, Berkeley. “Young people working in fast food are the same people as those who are the victims of police brutality. So the Walmart folks are talking about #blacklivesmatter and the #blacklivesmatter folks are talking about taking on capital.”

The N.A.A.C.P.’s Rev. Dr. William Barber II, a leader of the Moral Mondays movement in North Carolina, captures the national yearning this reflects. “I believe that deep within our being as a nation there is a longing for a moral movement that plows deep into our souls,” he writes. “We are flowing together because we recognize that the intersectionality of all of these movements is our opportunity to fundamentally redirect America.” (The full text of Dr. Barber’s email is on my blog.)

“All of these movements”? Yes: The demands of the fast-food workers movement — $15 minimum wage and a union — have helped to unite movements among airport workers, hospital workers, retail workers and more.

There are already results. Two years ago, there was talk of raising the minimum wage to $10; now $15 per hour is seen as the bare minimum. Seattle and San Francisco have already mandated this, Chicago’s City Council voted to gradually increase to a $13 minimum by 2019, Oakland will move to $12.25 in March and a proposal is being considered in Los Angeles. (And although the amounts were woefully inadequate, four red states voted to approve minimum wage increases last month, showing that the concept resonates across party lines.)

Meanwhile, the credibility of those who argue that employers “can’t afford” to raise pay — McDonald’s paid its C.E.O. $9.5 million last year — is nil. For one thing, there are examples of profitable businesses that treat their employees decently, and even countries where fast-food workers can make ends meet. And for another, underpaying workers simply shifts the cost of supporting them onto public coffers. As Senator Bernie Sanders of Vermont says, “In essence, taxpayers are subsidizing the wealthiest family in America.” That would be the Waltons. (Incredibly, many Republicans still want the working poor to pay more taxes.)

Then, of course, there are the matters of justice and morality. It simply isn’t right to pay people a sub-living wage with no potential for more, and as the comedian Chris Rock says, employers would pay even less if they could get away with it.

The #blacklivesmatter movement — there’s no better description — is already having an impact as well. Don’t think for a second we’d be having a national debate about police brutality (one that includes many on the right), or a White House plan to examine and fix law enforcement, without demonstrations in the streets.

The initial Obama plan is encouraging but lacking, and that’s all the more reason to keep demonstrating. (What good are body cameras, by the way? The videotape of Rodney King’s beating was seen around the world yet resulted in acquittals; Eric Garner’s choking death, viewed millions of times online, didn’t even lead to a trial, even though police chokeholds are banned in New York City.) Besides, as Sanders says, “Even if every cop were a constitutional lawyer and a great person, if you have 30 percent unemployment among African-American young people you still have a huge problem.”

I have spent a great deal of time talking about the food movement and its potential, because to truly change the food system you really have to change just about everything: good nutrition stems from access to good food; access to good food isn’t going to happen without economic justice; that isn’t going to happen without taxing the superrich; and so on. The same is true of other issues: You can’t fix climate change or the environment without stopping the unlimited exploitation of natural and human resources (see Naomi Klein’s “This Changes Everything”). Same with social well-being.

Everything affects everything. It’s all tied together, and the starting place hardly matters: A just and righteous system will have a positive impact on everything we care about, just as an unjust, exploitative system makes everything worse.

Increasingly, it seems, there’s an appetite and even unity to take on the billionaire class. Let’s recognize that if we are seeing positive change now, it’s in part because elected officials respond to pressure, and let’s remember that that pressure must be maintained no matter who is in office. Even if Bernie Sanders were to become president, the need for pressure would continue.

“True citizenship,” says Jayaraman of Berkeley — echoing Jefferson — “is people continually protesting.” Precisely.

 

By: Mark Bittman, Op-Ed Writer, The New York Times, December 13, 2014

December 15, 2014 Posted by | Citizenship, Criminal Justice System, Inequality | , , , , , , | Leave a comment

“An Outlier For All The Wrong Reasons”: What America’s Gun-Toting Cops Look Like To The Rest Of The World

From protests in Washington, the police shooting of an unarmed teen in suburban St. Louis looks tragic. From rallies in Los Angeles, the death of a man caught selling cigarettes in New York City looks baffling. From inside churches in Chicago, the police shooting of a black child with a toy gun in Cleveland looks heartbreaking.

Still, there’s often a weariness to these responses, a sense that excessive police force is both shocking and predictable at the same time. Which is why it’s helpful, every now and then, to remember what all of this looks like from abroad.

The Economist this week has penned a blunt editorial that captures how much of the rest of the developed world views the American criminal justice system and our particular brand of policing: “In many cases,” the U.K.-based magazine writes, “Americans simply do not realise how capricious and violent their law-enforcement system is compared with those of other rich countries.”

We forget that other countries (the U.K. included) often police without firearms at all. We don’t realize that other parts of the world maintain public safety without the high costs of over-incarceration. We don’t know — in a country where we’re bad at keeping such stats ourselves — that police killings of any kind are exceeding rare elsewhere.

From that foreign perspective, this is what our system looks like:

Bits of America’s criminal-justice system are exemplary—New York’s cops pioneered data-driven policing, for instance—but overall the country is an outlier for all the wrong reasons. It jails nearly 1% of its adult population, more than five times the rich-country average. A black American man has, by one estimate, a one in three chance of spending time behind bars. Sentences are harsh. Some American states impose life without parole for persistent but non-violent offenders; no other rich nation does. America’s police are motivated to be rapacious: laws allow them to seize assets they merely suspect are linked to a crime and then spend the proceeds on equipment. And, while other nations have focused on community policing, some American police have become paramilitary, equipping themselves with grenade launchers and armoured cars. The number of raids by heavily armed SWAT teams has risen from 3,000 a year in 1980 to 50,000 today, by one estimate.

Above all, American law enforcement is unusually lethal: even the partial numbers show that the police shot and killed at least 458 people last year. By comparison, those in England and Wales shot and killed no one.

The U.S. is an international model in a lot of ways, the magazine points out. But this is decidedly not one of them.

 

By: Emily Badger, Wonkblog, The Washington Post, December 12, 2014

December 15, 2014 Posted by | Criminal Justice System, Police Shootings, United Kingdom | , , , , , , | Leave a comment