“Please Shoot Me”: Police Are Entirely Committed To The Logic Of Deterrence, While Ignoring The Costs Of Escalation
In the first part of VICE News’s extraordinary five-part documentary on ISIS, released earlier this month, a bearded and strangely innocent-looking young press officer who goes by the name Abu Mosa invites America to attack his movement. “I say to America that the Islamic Caliphate has been established, and we will not stop,” Abu Mosa says with a shy smile, a Kalashnikov leaning easily in his right hand. “Don’t be cowards and attack us with drones. Instead send your soldiers, the ones we humiliated in Iraq. We will humiliate them everywhere, God willing, and we will raise the flag of Allah in the White House.”
America has since begun attacking ISIS with air and drone strikes, and on Wednesday, in response to the beheading of James Foley, a photojournalist, Barack Obama reiterated his commitment to the fight. But the president has not obliged Abu Mosa’s wish for America to send in ground forces. For one thing, the airstrikes seem to have been reasonably successful in attaining the limited American goal of aiding Kurdish forces to recapture territory from ISIS. Inserting ground troops risks subjecting American forces to casualties and mission creep. In the video of Mr Foley’s death, his ISIS executioner threatens to kill another hostage unless America ceases its airstrikes. Mr Obama shows no signs of letting any of this affect his decisions. As a rule, it is a bad idea to let your actions in a confrontation be guided by the other guy’s provocations.
Not everyone understands this rule, though. In St Louis on Monday, two police officers responded to a report that a distraught man had stolen two cans of soda from a convenience store, and was carrying a steak knife. The officers stepped out of the car and immediately drew their guns on the man, 25-year-old Kajieme Powell, ordering him to drop the knife. Mr Powell refused, and instead began vaguely walking towards them, saying “Shoot me!” The officers opened fire, killing Mr Powell just seconds after they had arrived—nine shots in all, pop-pop-pop, some fired after Mr Powell had fallen to the ground. All of this can be clearly seen on the video of the confrontation that a bystander recorded on his smartphone, released Wednesday by the St Louis police department in the apparent belief that it exonerates the officers involved.
To my eye, the notion that this video is exculpatory evidence seems absurd. A report of a disturbed man waving around a steak knife and making angry pronouncements is supposed to end with a team of police officers surrounding the offender, trying to talk him down, and, if persuasion fails, eventually subduing him and sending him in for psychiatric evaluation. Nothing suggests police officers faced an emergency requiring them to use their guns. The video convinced me only that the officers should be prosecuted, and that the St Louis police department needs to be completely overhauled, starting with its rules on the use of deadly force. Missouri should also revise its justifiable-homicide laws, which, as Yishai Schwartz explains in the New Republic, make it “almost impossible” to convict police officers who claim they acted in self-defence.
But there’s an interesting similarity here. In both of these cases, someone is provoking an attack from a more powerful actor. Why would anyone do that?
When force is used, it is often to influence or change the behaviour of a foe. The logic is that of deterrence: stop misbehaving, or we will attack you. Yet adversaries often understand that the deployment of force is not cost-free. The risk of escalation may ultimately make a conflict more costly than the initial deterrence was worth. This trade-off is a characteristic of many classic confrontations: the Cuban Missile Crisis, the Vietnam War, and so on.
In the case of ISIS, at least some elements apparently believe that luring America into a ground conflict will help them achieve their aims. For Islamic radical groups, fighting America is also great for recruitment, particularly if there is an opportunity to kill American soldiers. And if ISIS can escalate the conflict to the point where America no longer wants to bear the costs and pulls out, it will have scored a tremendous victory.
It is a bit hard to figure out what Mr Powell was trying to accomplish in St Louis, as he appears to have been mentally off-kilter, at least on that afternoon. (In a tragic moment in the video, before police arrive, a passerby advises him to back down: “That’s not the way you do it, man.”) But he was clearly trying to provoke police to shoot him, perhaps in the belief that this would illustrate the inequities of police brutality. More importantly, the police who confronted him, like police throughout the confrontations in Missouri, seem to be entirely committed to the logic of deterrence, while ignoring the costs of escalation. This is a problem of culture, of attitude, of legal impunity, and above all else of the pervasive use of firearms, which rapidly escalate minor disputes into potentially deadly confrontations. The police’s deployment of force have left two dead and a town overwhelmed by protests and riots.
In Iraq, America seems to be weighing the risks of escalation very carefully before deploying force. In Missouri, however, the police seem to be deploying force without thinking about the consequences at all. And the cost of attacking the city’s poorest and most beleaguered people is proving very high indeed.
By: Matt Steinglass, Democracy in America, August 22, 2014
“Police In Ferguson Keep Praying And Preying”: The Pandering Religiosity Of Law Enforcement Officials
The Greater St. Mark Church was raided today as St. Louis County Police thought that protesters were spending the night in the church, which has been used as a staging area for protestors. Police have since closed the building and stated that if anyone congregates on the premises at night, there would be arrests. One member of the Dream Defenders said “what [the police] did today is tell us, what? There is no safety here.”
The Pastor of the church, Missouri Representative Tommie Pierson (D), said of the police “they don’t like us too much.”
Earlier the same day, Missouri Highway Patrol Captain Ron Johnson asked the police department chaplain to pray before giving the late night report. One line was particularly stunning: “Again we come here having used all the energy and all the resources that you have given to our residents, their families, and our peacekeeping force, to bring peace—your peace.”
While the killing of Michael Brown was egregious enough, the manner in which the Ferguson police force and Captain Ron Johnson have used prayer to sanction their police actions and violence towards citizen protestors is detestable.
America has a history of those in authority invoking Christianity to justify slavery, lynching, and bombings. During the conflict in Ferguson, the local and state police who recite nightly prayers before going out to intimidate and arrest protestors follow this historical trajectory.
Perhaps the most galling figure is Captain Johnson, appointed by Gov. Jay Nixon to oversee the Ferguson Police and the National Guard. Johnson appeared at a local church to apologize to Michael Brown’s parents, garnering much praise from the crowd for his respectability and Christian piety. Yet while Johnson placates the public with appeals to Christianity he simultaneously sanctions violence at the hands of the state. Perhaps the public will forget, with his constant calls to prayer, that he’s in charge of a force that has used tear gas on, cursed at and abused protestors.
In contrast, clergy in Ferguson and from around the country have come to show their solidarity and to help the citizens of Ferguson in their quest for justice. Early on, the Rev. Renita Lamkin was shot with a rubber bullet while trying to place herself between protesters and the police.
Other local clergy have met with the governor and state officials, while pastors from all over have been coming to aid in the efforts, including a group from Philadelphia that includes the pastor of Historic Mother Bethel AME church, Mark Tyler, and Rev. Dr. Leslie Callahan, Pastor of St. Paul Baptist Church. The presence of clergy members is a helpful counterbalance to local and state law enforcement presenting themselves as both religious and civic authority.
The whole situation has me thinking a lot about Frederick Douglass’ Slaveholding Religion and the Christianity of Christ. His words still ring true with regard to the empty prayers of the police in Ferguson “They attend with pharisaical strictness to the outward forms of religion, and at the same time neglect the weightier matters of the law, judgment, mercy and faith.”
If there’s to be any justice for the shooting of Michael Brown, the pandering religiosity of the law enforcement officials will have to cease. What the community of Ferguson, the parents of Michael Brown, and the whole country need right now is an honest assessment of the facts, for Darren Wilson to be held accountable for his actions, and for there to be clear, truthful communication between law enforcement and the people they serve, without violence.
By: Anthea Butler, Religion Dispatches, August 20, 2014
“Everyone Was Let Go”: Darren Wilson’s Former Police Force Was Disbanded For Excessive Force And Corruption
While news outlets and commentators have attempted to analyze every action of Michael Brown, the unarmed black teen shot to death six times in Ferguson, Missouri two weeks ago, we seem to know very little about his shooter, Ferguson police officer Darren Wilson. Wilson, who just months ago won a commendation in a Town Council ceremony, now remains under the police’s protection and hasn’t spoken about the incident.
But as the public continues to search for answers, the Washington Post has published a report on Wilson’s career, including a brief biography, that offers some insight into Wilson’s past.
According to officials interviewed by the Post, Wilson maintained a clean record, but the Post reports that his first job “was not an ideal place to learn how to police.” He entered the police force in 2009, joining a nearly all-white, 45-member task force that patrolled Jennings, Missouri, a small, impoverished city of 14,000 where the residents were 89 percent African-American. The racial tension was high, and the police were accused of using excessive force against its residents:
Racial tension was endemic in Jennings, said Rodney Epps, an African American city council member.
“You’re dealing with white cops, and they don’t know how to address black people,” Epps said. “The straw that broke the camel’s back, an officer shot at a female. She was stopped for a traffic violation. She had a child in the back [of the] car and was probably worried about getting locked up. And this officer chased her down Highway 70, past city limits, and took a shot at her. Just ridiculous.”
Police faced a series of lawsuits for using unnecessary force, Stichnote said. One black resident, Cassandra Fuller, sued the department claiming a white Jennings police officer beat her in June 2009 on her own porch after she made a joke. A car had smashed into her van, which was parked in front of her home, and she called police. The responding officer asked her to move the van. “It don’t run. You can take it home with you if you want,” she answered. She said the officer became enraged, threw her off the porch, knocked her to the ground and kicked her in the stomach.
The department paid Fuller a confidential sum to settle the case, she said.
The department also endured a corruption scandal. In 2011, city council members voted 6-1 to shut down the force and start over, bringing in a new set of officers. Everyone was let go, including Wilson, but he soon found a job at the Ferguson police department, where he has been since.
Lt. Jeff Fuesting, who took over command of the Jennings force, assessed the problems of the former task force like this:
“There was a disconnect between the community and the police department. There were just too many instances of police tactics which put the credibility of the police department in jeopardy. Complaints against officers. There was a communication breakdown between the police and the community. There were allegations involving use of force that raised questions.”
By: Prachi Gupta, Assistant News Editor, Salon, August 24, 2014
“Making A Just Outcome More Likely”: The Prosecutor In The Michael Brown Case Must Go
Lots of people in and around Ferguson, Missouri, don’t trust Robert McCulloch, the prosecutor who is presenting the facts about Michael Brown’s killing to a local Grand Jury. In fact, more than 70,000 of them have reportedly signed an online petition calling for the appointment of a new, special prosecutor to replace him.
These critics have their reasons. They think McCulloch’s record suggests that he is unlikely to construct an aggressive case against Darren Wilson, the white police officer who shot and killed Brown, who is black. And without a serious effort at prosecution, these people say, a Grand Jury is more likely to conclude the case is too weak to pursue.
I don’t know if that assessment of McCulloch and his motives is correct. I also don’t think it matters. McCulloch should step aside.
I don’t say this because I’m sure that Wilson is guilty or deserves indictment. On the contrary, the precise circumstances of Brown’s death still seem murky. Pretty much everybody seems to agree on how the incident began twelve days ago—with Wilson stopping Brown in the street, an altercation ensuing, and then Wilson firing at Brown as he gave chase to him. But the witness accounts that have become public so far diverge on a few key points, including what Brown was doing when he eventually stopped and turned. At that moment, when one of Wilson’s bullets delivered a fatal blow to Brown’s head, was the 18-year-old trying to surrender? Or was he charging at Wilson? The angle of the shot has gotten a lot of attention, because it suggests that Brown, who was six-foot-four, had lowered his head before getting hit. But that could actually be consistent with either of the theories.
The twelve-member Grand Jury will eventually get to see more evidence. It will get the results of ballistic tests, for example, and it will hear a much fuller range of witness testimony than anybody in the public has heard so far. But more evidence won’t necessarily clarify what happened—or whether Wilson should face criminal charges. Not everybody will remember the event the same way. Tests can be inconclusive or contradict one another. The Grand Jury will ultimately have to decide whether there is “probable cause,” but that’s a pretty fuzzy standard and open to interpretation. Inevitably, a lot will depend on what kind of case the prosecutor decides to present.
The issue with McCulloch isn’t whether he’s capable of mastering and presenting the material. It’s whether he’ll do so in an impartial way. Prosecutors are always close to police, because they work closely on investigations. But McCulloch seems to have particularly strong feelings—strong enough that, when Governor Jay Nixon called in the state highway patrol to take over security in Ferguson a week ago, McCulloch criticized Nixon strongly and publicly. “It’s shameful what he did today, he had no legal authority to do that,” McCulloch said. “To denigrate the men and women of the county police department is shameful.”
One reason McCulloch may feel so strongly about cops is that several relatives have served on the force. (One of them, McCulloch’s father, died in the line of duty when he was shot by an African-American.) Critics have also taken note of a 2001 statement McCulloch made, in a controversial case of police shooting two unarmed men. McCulloch called the victims “bums.” McCulloch presented that case to a Grand Jury. It declined to indict.
“Nobody thinks Michael Brown can get a fair shake from this guy,” Antonio French, a St. Louis alderman, told the New York Times. “There is very little faith, especially in the black community, that there would ever be a fair trial.” McCulloch has bristled at such criticism and pledged to see the case through. “I have absolutely no intention of walking away from the duties and responsibilities entrusted to me by the people in this community,” McCulloch said in a radio interview. “I have done it for 24 years, and I’ve done, if I do say so myself, a very good job.”
It’s entirely possible that a fair-minded Grand Jury will conclude the evidence doesn’t justify an indictment, let alone a conviction, at least according to the legal standards of Missouri. As my colleague Yishai Schwartz has written, the state’s laws make it unusually difficult to convict a police officer who claims that he fired in self-defense. But the difficulty of the case is precisely why McCulloch shouldn’t be the one presenting it. It needs a prosecutor whose intentions and motives are not in doubt. Otherwise, people will assume a decision not to indict reflects lack of prosecutorial effort, rather than the facts of the case.
McCulloch has said that he will step aside if Nixon asks him to do so. Nixon (whose own motives are open to question) has declined to take that step, arguing that it would exceed his authority. It’s not clear exactly how far the governor’s power extends in cases like these. I’ve read and heard different accounts about what Missouri law allows. But nobody questions that McCulloch can decide to recuse himself, clearing the way for Nixon to name a special prosecutor.
McCulloch should seize the opportunity. It would demonstrate that he has the integrity some think he lacks. It would also make a just outcome more likely.
By: Jonathan Cohn, The New Republic, August 21, 2014
“The True Foment Is Deeper And Broader”: Ferguson’s Schools Are Just As Troubling As Its Police Force
A day after his visit to Ferguson, Missouri, Attorney General Eric H. Holder stated in a press conference that, “History simmers beneath the surface in more communities than just Ferguson.” To what history was he referring? Many assumed General Holder meant the longstanding tensions between the mostly black residents of Ferguson and the mostly white police force, but I believe General Holder meant a deeper and broader history that goes well beyond policing. The anger in Ferguson is not just in reaction to shabby treatment by the police, but also the city’s housing, educational, and other civic institutions.
The history of racial mistrust in Ferguson can be found in the legacy of residential segregation in the St. Louis metropolitan area, enforced from the early to the middle twentieth century through mechanisms such as racially restrictive covenants, zoning laws, realtors agreements, and assessors ratings, as research by Professor Colin Gordon demonstrates. Because of these longstanding policies, black Ferguson residents today are disproportionately renters without a strong political stake in the town’s governance and geographically concentrated in areas without economic power.
The broader perspective can be found by looking to recent events surrounding the school district that serves Ferguson residents. Michael Brown graduated from Normandy High School, which was located, until recently, in the Normandy School District. The facts here are a bit complex, but note that I said “until recently.” That is because the Normandy School district lost its accreditation in 2012 due to dismal standardized test scores. (Normandy was one of only three out of 500 school districts in Missouri to lose its accreditation.) The state school board took over the Normandy School District and renamed it the “Normandy School Collaborative.” By 2013, though, the new district also had lost its accreditation. Missouri law allows students of failed districts to transfer to higher-performing schools in surrounding suburbs, but the failing school district has to pay tuition and transportation costs to get the kids to their new schools. The 1,000 transfer students of Normandy obviously had no desire to remain in the “new” failed district, but the cost was high, so, incredibly, the state board voted to waive accreditation of the Collaborative rather than classify the new district as unaccredited. Ferguson’s teenagers were therefore trapped in a failed school because state politicians didn’t want to pay for them to transfer out.
These kinds of shenanigans put the policing of Ferguson into context. The protests we have watched unfold there are not simply about unfair policing in that town; rather, they are the result of a deep and broad collection of official decisions that residents, not surprisingly, interpret as demeaning to them. Viewed in this light the analogies that some have drawn to the riots of the sixties make more sense. The Kerner Commission, charged with investigating urban unrest, hypothesized that conditions in slum living such as poor housing, schools, and jobs fueled the violent reactions of residents, but the reporters also fingered as a prime cause of every riot during the period tensions between police and residents of so-called racial ghettoes. The Commission noted specifically that public confrontations between law enforcement personnel and residents of segregated urban neighborhoods, usually ordinary arrests or stops, as opposed to extraordinary and tragic events like the one in Fergsuon, specifically sparked many riots. Policing incidents may trigger social unrest, but the true foment is deeper and broader.
The lessons that police can learn to prevent incidents such as these also have broader application. My colleague Tom Tyler and I have written that police legitimacy is a key to promoting compliance with the law and better cooperation between police and the public. Decades of social psychological research shows that the foundation of legitimacy is in four components of procedural justice. Legal authorities such as police promote legitimacy by (1) treating people with dignity and respect; (2) making decisions fairly, based on fact and not on illegitimate factors such as race; (3) giving people a chance to tell their side of the story, what psychologists call “voice;” (4) and acting in a way that encourages those with whom authorities deal to believe that they will be treated benevolently in the future. The research is quite clear. People care more about these factors than outcomes. That is, it is often more important to them to be treated with dignity and respect while receiving a negative outcome, such as a traffic ticket, than it is to be treated poorly and not receive a ticket even in a situation where they clearly violated the law. The bottom line? The citizens of Ferguson want to believe that the authorities they interact with believe that they, Ferguson residents, count. Instead, again and again the message the Ferguson residents have received through official action, word and deed is that they do not.
Those of us outside of Ferguson received a lesson in what I have sketched out here when Captain Ron Johnson of the Missouri Highway Patrol came to Ferguson. It is true that his race and the fact that he grew up in the town helped smooth the way for him. It is also true that the fact that he went out and spoke to the demonstrators, listened to them, and explained what he was doing and why are all textbook components of procedural justice. When police authorities act in this way, if a tragic incident such as the shooting of Michael Brown occurs, police executives get a “moment of pause” rather than a riot.
City leaders and the Normandy School board can benefit from a greater commitment to legitimacy in their decision-making as well. Transparency and inclusiveness are keys. I believe that the citizens of Ferguson simply want to be treated as just that—citizens. It is far past time to provide them with what they deserve.
By: Tracey Meares, The New Republic, August 22, 2014
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