“Before Things Get Much Worse”: We Must Address Racial Disparity In Police Shootings
Employees at two Walmart stores in St. Louis County, Missouri stripped store shelves of ammunition this week in fear of looting as protesters continue to fill the streets in the beleaguered town of Ferguson.
It’s indicative of the high tensions that have not relented since August, when a white Ferguson police officer shot an unarmed African-American teenager. Anger over the death of Michael Brown has not subsided one iota, in part because of a second shooting of another black man. In that case, an 18-year-old died. Police say he had shot at an off-duty officer who was in uniform. The man’s family disputes that contention, claiming he was unarmed.
For those apt to dismiss the outrage as overreaction, listen up. A new snapshot synopsis of police killings makes a searing point.
“Young black males in recent years were at a far greater risk of being shot dead by police than their white counterparts — 21 times greater,” states a new study of federal data by ProPublica, a nonprofit investigative journalism outfit.
ProPublica analyzed more than 12,000 fatal police shootings from 1980 to 2012. The researchers narrowed the focus to three years’ data, 2010 through 2012, to estimate the disparity between black and white deaths at the hands of police.
This is one way to quantify that disparity, according to the report: Police would have to have killed 185 white young men during those three years — more than one every week — to even out the racial imbalance found.
Let’s be honest. If police were killing white males at such rates, there would be national outcry to rein in law enforcement. But that’s not the case. This is where the tough conversations racial prejudice and policing ought to start.
I can hear the “yeah, but”s forming in the minds of many readers.
Aren’t a lot of these killings justified? After all, the young man in St. Louis was allegedly shooting at an officer. How can the ProPublica statistics possibly be relevant?
Fair questions. And they are ones the study’s authors also acknowledged as shortcomings of their work. More information is needed before broad assessments can be made.
The data ProPublica studied are reported by police departments to the FBI. But that’s a problem. The data are only as strong as American police departments’ collective willingness to be forthcoming. And not all of them report such statistics, much less in a way that makes apples-to-apples comparisons possible.
Simply to show a racial disparity does not mean that white-against-black racism is the cause. The study’s authors pointed out that many of the shootings of black people are by black officers.
So why are black males still at a higher risk?
The kneejerk reply is to point to higher crime rates in American cities, particularly within neighborhoods where drugs, gangs and the resulting crime flourish.
But that doesn’t take into account the role of police in inciting violent confrontations. An important part of effective policing is de-escalating potentially dangerous situations. Many departments go to great lengths to track and analyze their own statistics, looking for trends and disparities that red-flag profiling or overly aggressive actions by officers.
Ask around in any black community and it’s not hard to elicit stories of threatening and demeaning personal encounters with police. And as dashboard camera footage and other video evidence occasionally shows with glaring clarity, frightened cops sometimes go berserk on peaceful black men and women.
Still, a point the new study underlines is the one that is the most difficult for aggrieved communities to accept: We still do not know enough about instances when police kill.
Short of litigating every such case, there must be more cooperation between police and the communities they serve to share better data about police shootings. That relationship will take time to cultivate, and in places like Ferguson the possibility seems light years away.
The number of young men of color shot by police needs to come down. It’s in the best interests of police to step out from behind the “blue shield” and commit to lowering them. Likewise, community leaders need to be aggressive and honest about who in their neighborhoods merits police attention — it’s no use shielding troublemakers.
Police in Ferguson and many other communities across the country need to regain public trust. The benefits to all of a more transparent, cooperative relationship are hard to understate.
Clearly, sentiments are dangerously raw in many American cities. Minority communities are fed up with seeing their young men die. We must act now to change that, or we will discover that things can get much worse.
By: Mary Sanchez, Opinion-Page Columnist for The Kansas City Star; The National Memo, October 22, 2014
“In Ferguson And Beyond, Punishing Humanity”: Subordinated People Are Mistakenly Viewed As Brutes Or Even Nonhuman Animals
On Sept. 26, two peaceful protesters were arrested in Ferguson, Mo. Watch this video (warning: includes profanity) and you will see two white officers arresting a young black woman who is wearing a red hoodie. One tackles her in a chokehold and yanks her hands behind her back. She whimpers, and they force her face down on the pavement. They then carry her off with one officer holding her by an arm, and the other holding her by a leg. Her body has gone limp; they dangle her between them carelessly. Why were these two men handling her “like an animal?” asks the protester recording the scene with her cellphone. It is a good question. And its answer is not obvious.
One possibility is that people are treated brutally because those who mistreat them fail to grasp their common humanity — or, similarly, their personhood. The idea is that seeing another person as a fellow human being is not only a prerequisite for ethical relations with her, but also strongly disposes us to treat her as we ought to. In George Orwell’s experience, when you see another person as “visibly a fellow-creature, similar to yourself, [then] you don’t feel like shooting at him.” (Or her — presumably.) Moreover, man’s inhumanity to man (and women, too) often stems from overlooking our shared human capacities, an appreciation of which would tend to give rise to empathy. Subordinated people are mistakenly viewed as brutes, subhuman, or even nonhuman animals.
This line of argument regarding the most virulent forms of racism has been developed in detail by David Livingstone Smith, among others. It is also accepted in some form by many different kinds of humanists in philosophy, variously inspired by Aristotle, Hume, Kant and Wittgenstein. And it has echoed loudly in the blogosphere in the two months following the Ferguson protests — which erupted when Michael Brown, an unarmed black teenager, was killed by a white police officer. It is not hard to see why. When, three days after the shooting, another white officer called the (primarily black) protesters “[expletive] animals,” it cemented many people’s fears that Brown had been slain in a similar spirit — the thought being that the officer responsible, Darren Wilson, saw Brown as an animal, or at least as less than human. Witnesses are on record saying that Brown had his hands up, that he was posing no threat to the officer, but that Wilson “just kept shooting” — even after Brown backed down, in a classic gesture of surrender. Wilson shot at Brown as if he felt powerless to stop him, almost as if he were faced with a bear or an ape or a zombie.
I used to be a humanist in this sense of the term. But I am fast losing my religion. Dehumanization increasingly seems to me to be merely a symptom of the problem. The problem being precisely that black people are being seen as people — and they are seen as being threatening, and taken down, because of it.
The humanist line on Ferguson is unduly optimistic, and rests on a psychologically dubious assumption. Namely, that when people who have historically enjoyed a dominant position in society (in this case white men) come to recognize historically subordinated people (racial minorities, women) as their moral and social equals, they will welcome the newcomers. But seeing others as similar to ourselves can lead to hostility and resentment under certain conditions. It’s true that Orwell’s vision of a person running across the battlefield holding up his trousers during the Spanish civil war transformed an enemy combatant into a vulnerable human being in his eyes — someone who must have been undressed or indisposed moments before the gunfire started. But this humanizing vision involved no loss of status for Orwell. He felt sorry for the man. He saw him as ridiculous.
The situation is different when it comes to white men’s perception of non-whites and women. Over time, as the fight for equality has allowed some advancement and social mobility for racial minorities, as well as for women, toward what we might call the inner circle of humanity, white men have experienced a relative loss of status. And they now have more rivals for desirable positions. Add to that the fact that they may find themselves surpassed by those they tacitly expected to be in social positions beneath them, and we have a recipe for resentment and the desire to regain dominance.
None of this is likely to be conscious, nor to manifest itself at all times; nor is it true of all white men, obviously. Rather, it is likely to come out in momentary flashes of aggression for some white men when they are feeling threatened. That “Bring it, you [expletive] animals, bring it!” that the Ferguson police officer spat at the protesters back in August should be heard in this vein as a slur and a battle cry. As Kwame Anthony Appiah has argued, those accused of dehumanizing others often “acknowledge their victims’ humanity in the very act of humiliating, stigmatizing, reviling and torturing them.” The cop put these people down by likening them to animals — an insult that depends, for its humiliating quality, on its targets’ distinctively human desire to be recognized as human beings. The cop also declared his readiness to fight for his position in the existing social hierarchy. And the hierarchy assumes that we are all people — some of whom are more equal than others, naturally. This is the nature of domination and subordination relations, which have been theorized by Catharine MacKinnon and Sally Haslanger, among others. They require that there be people ranked above and/or beneath you. And it is important that we all know our place, if only tacitly.
Consider, too, what the people involved were doing in two of the above cases. They were engaged in that uniquely human activity of protesting. They were behaving as no animal besides us ever behaves. They were being “political animals,” to use Aristotle’s term for human beings. Many philosophers say that it is our capacity for rationality that distinguishes us as human. But at least as distinctive, one might think, is our capacity to be political.
The humanist line on Ferguson hence fails to explain what seems to provoke the aggression — namely, acts of political and personal defiance, which only people can demonstrate. Moreover, it is hardly surprising that historically subordinated people should be perceived in this way when they try to assert themselves around, or over, dominant group members. They are liable to be perceived as belligerent, “uppity,” insubordinate or out of order.
This is a plausible hypothesis about what happened in Michael Brown’s case as well. The exact events remain in some dispute, but most agree on the same basic sequence. What seemed to set Wilson off was that Brown challenged his authority. The incident began when Brown ignored Wilson’s orders to get out of the center of the street, where he and his friend had been walking. Wilson drove off, apparently cowed. He then seems to have changed his mind, decided to stand his ground, have a do-over. He slammed his car into reverse; by some accounts, he was taunted by Brown, following a physical altercation. In the end, Wilson shot Brown at least six times, including twice in the head, and reportedly kept shooting after Brown surrendered. But at that point, it seems, it was too late for deference.
The humanist line on Ferguson also fails to explain the quality of the aggression, which has a resentful, vindictive tenor. After he was killed, Brown’s body was left uncovered on the street for some four hours afterwards, to add deep social insult to fatal physical injury. And when another young black man, Kajieme Powell, was shot and killed a mere 10 days later in St. Louis, the police officers who shot him did something extraordinary. After they had killed him, they handcuffed his dead body. Powell had been staggering around with a small knife, apparently trying to commit so-called suicide by cop. The man clearly needed some help to raise him up again. Instead, the police shot him down, and arrested him post mortem.
These actions, as well as being shameful, reveal a resentful and punitive mentality behind the aggression, which are classic examples of what the English philosopher P. F. Strawson famously called the interpersonal “reactive attitudes.” These attitudes are held to be both distinctive and central to our dealings with other human beings — that is, with people who we recognize as such, or as fully paid-up members in this club we call humanity. When it comes to animals and children and people we regard as (temporarily or permanently) not in control of their actions, we may try to correct, manage, deter or restrain their behavior. But, ordinarily and ideally, we do not resent it. They are not moral agents. We can’t really blame them.
And resentment and blame, along with punitive behavior and the associated social practices, are precisely what black people in this country are being systematically subjected to at present, at every level of the criminal justice system. Black people are proportionately far more likely to be stopped, frisked, searched, arrested, tased, charged, tried, convicted, incarcerated and executed (by means that are often grossly unconstitutional). Black bodies are routinely being policed and punished without mercy. And we don’t police animals in this way. Nor do we punish them in this spirit.
Unfortunately, seeing people’s humanity is only the moral beginning. Sometimes people will be punished for the crime of being people.
By: Kate Manne, Assistant Professor of Philosophy at Cornell University; Opinionator, The Stone, The New York Times, October 12, 2014
“The Usual Sorry For Your Loss”: Ferguson Police Chief’s Sad Excuse For An Apology
It took four hours for the police in Ferguson, Mo., to remove the body of Michael Brown, the unarmed teenager killed by a police officer, from the street where it lay. It took the police chief nearly seven weeks to issue an apology to Mr. Brown’s family. His videotaped comment was late, oddly staged and very unclear about what exactly he was apologizing for and why (apart from perhaps a desire to keep his job).
The videotape (http://nyti.ms/1BceEnw) by the police chief, Thomas Jackson, was bizarre in many ways. Appearing before an American flag and what looks like a city flag of Ferguson, he was not just in plain clothes instead of his uniform but he was wearing a golf shirt.
He started by talking about how the shooting of Michael Brown had sparked a national “conversation” about race and the role of the police “in that conversation.” Well, no. It sparked angry protests that were met by police armed to the teeth with automatic weapons, armored vehicles and tear gas. It sparked some rioting and looting. And it sparked outrage among African Americans around the country and not just in Ferguson, a suburb of St. Louis that is heavily black but has a town government and police force that is almost entirely white.
If that is Mr. Jackson’s idea of a conversation, I’d hate to see his idea of an argument.
Mr. Jackson allowed that Mr. Brown’s death was “the central issue that brought us here today.” And he said to the slain teenager’s family: “I’m truly sorry for the loss of your son. I’m also sorry that it took so long to remove Michael from the street.”
Please note: He’s not apologizing for the actual killing of Mr. Brown. He’s just offering the usual “sorry for your loss” that police offer people whose loved ones are killed – say in an automobile crash. And as for his apology for the four-hour delay in which the boy’s body lay on the street, that seemed pretty conditional too.
“The time that it took involved very important work on the part of investigators who were trying to collect evidence,” he said, adding that the investigators “meant no disrespect” and were “simply trying to do their jobs.”
He then apologized — actually seeming sort of sincere about it — to “peaceful protesters who did not feel I did enough to protect their constitutional right to protest.”
But it was not that you did not do enough to protect that right, Mr. Jackson, but you sent your small-town trained, big-war equipped cops out to deny them that right with the threat of deadly force.
As I said, I’m not sure why Mr. Jackson made this video. But it’s far too late, far too confused and far too self-serving to matter a whole lot.
By: Andrew Rosenthal, Taking Note, The Editorial Page Editors Blog; The New York Times, September 26, 2014
Why Killer Cops Walk Free”: It’s Time To Try To Rebuild The Trust Between Police And The Communities They’re Sworn To Protect
When I was a white, I viewed the police as a friend. But now that I’m a minority, my view has changed.
I know that to many I still look like a white guy. However, since I’m of Arab heritage and Muslim, I morphed into a minority in the post-9/11 world. After all, white people aren’t racially profiled nor called to answer for the worst of their community. Only minorities are. Thus, I’m a minority, and I view the police through that prism.
Don’t get me wrong. I don’t consider the police an enemy. I just no longer give them the benefit of the doubt. When I hear their version of the facts, I now require corroborating evidence. And I can just as easily believe the version of events proffered by a defendant or other witnesses.
Being a minority, I have also become much more sensitive to the fact that the police can kill you without good reason. And while exact numbers are hard to come by, recent estimates are that the police have killed about 400 people per year over the last decade. Our police kill more people each year than those killed by gun violence in countries like the United Kingdom, Germany and Australia.
I would predict that few have issues with the police shooting dangerous criminals who are truly threatening them or the public at large. Regardless if we are white or a minority, we want the police to protect us. In fact, we pay them to do just that.
But the problem arises when we see the police kill a person in circumstances that shock our conscience. In these instances, our sense of right and wrong demands that the police officer be held criminally responsible for his actions.
However, this happens very infrequently. Why? In large part, this is due to a 1989 U.S. Supreme Court decision that held a police officer can legally use deadly force if the officer has an “objectively reasonable fear” that someone will be killed or suffer serious bodily injury. This ruling, by design, insulates police officers from criminal liability because of the unique, life-threatening challenges of being in law enforcement.
In fact, many legal experts believe that Darren Wilson, the police officer who reportedly shot Michael Brown, will not be convicted of a crime. Indeed, Missouri Governor Jay Nixon acknowledged that Wilson might not even be charged with one.
The Brown case would be far from the most outrageous incident involving a police officer not being criminally charged for killing an unarmed person. In 2012, for example, Brian Claunch, a wheelchair-bound double amputee living in a group home in Houston, became unruly. After the cops arrived, Claunch, who had a history of mental illness, verbally threatened them from his wheelchair and waved a shiny object—a ballpoint pen. After Claunch refused to drop the pen, one of the officers shot him in the head, killing him.
Is it shocking the officer wasn’t charged? Yes. Unexpected? No. As The Texas Observer noted, between 2007 and 2012, Houston police officers shot and killed 109 people and injured another 111. How many of these shootings were deemed unjustified? Zero.
Claunch was white. I mention his race only because white people should, too, be concerned with being shot by law enforcement. In fact, the police have killed more whites than black people in recent years. But those numbers don’t paint the full picture. On a percentage basis, blacks are being shot and killed by the police in much higher numbers.
For example, as Mother Jones noted, between 2004 and 2008, Oakland police officers shot 37 people. How many were black? All of them. And even though in 40 percent of the cases the suspect was unarmed, not one police officer was charged with a crime. And Oakland is not unique here—similar numbers can be found in other big cities.
Consequently, few will be surprised that a recent poll found blacks and whites view the police differently. While 56 percent of whites had a great deal of confidence in the police, only 37 percent of blacks felt the same way.
Still, Americans overall are apparently viewing the police in more negative terms. A 2009 Gallup poll found that 63 percent of Americans viewed the police as honest and ethical. (The peak being 68 percent in 2001 shortly after 9/11.) But a Gallup poll conducted at the end of 2013 found that number has now fallen to 54 percent, the lowest number since the 1990s.
What may be legal might not always be right. While the police may walk away scot-free, we still remember what they did. And I would predict that if we see more cases like Michael Brown or Eric Garner—the unarmed man killed in July after NYPD officers placed him in an illegal chokehold—the more negatively the police will be viewed by everyone going forward.
This poses a very real policing problem. Police officials will tell you that one of the most important components in combatting crime is building relationships within the community they are policing. How can the police do that if the community views them as dishonest, or even dangerous?
A good move toward rebuilding trust would be affixing cameras to police officers so that the public can see the events that lead to the use of deadly force. Police could also do more community relationship building by interacting with minority communities now—not after there is an incident. And if a police officer is clearly at fault, police chiefs should not blindly defend that person.
Ironically, while relations between the police and minority communities might be strained, we now share something in common: Neither of us wants to be defined by our worst examples.
By: Dean Obeidallah, The Daily Beast, August 26, 2014
“How The Supreme Court Protects Bad Cops”: How Many More Deaths And Riots Will It Take Before SCOTUS Changes Course?
Last week, a grand jury was convened in St. Louis County, Mo., to examine the evidence against the police officer who killed Michael Brown, an unarmed black teenager, and to determine if he should be indicted. Attorney General Eric H. Holder Jr. even showed up to announce a separate federal investigation, and to promise that justice would be done. But if the conclusion is that the officer, Darren Wilson, acted improperly, the ability to hold him or Ferguson, Mo., accountable will be severely restricted by none other than the United States Supreme Court.
In recent years, the court has made it very difficult, and often impossible, to hold police officers and the governments that employ them accountable for civil rights violations. This undermines the ability to deter illegal police behavior and leaves victims without compensation. When the police kill or injure innocent people, the victims rarely have recourse.
The most recent court ruling that favored the police was Plumhoff v. Rickard, decided on May 27, which found that even egregious police conduct is not “excessive force” in violation of the Constitution. Police officers in West Memphis, Ark., pulled over a white Honda Accord because the car had only one operating headlight. Rather than comply with an officer’s request to get out of the car, the driver made the unfortunate decision to speed away. The police chased the car for more than five minutes, reaching speeds of over 100 miles per hour. Eventually, officers fired 15 shots into the car, killing both the driver and a passenger.
The Supreme Court reversed the decision of the Court of Appeals for the Sixth Circuit and ruled unanimously in favor of the police. Justice Samuel A. Alito Jr. said that the driver’s conduct posed a “grave public safety risk” and that the police were justified in shooting at the car to stop it. The court said it “stands to reason that, if police officers are justified in firing at a suspect in order to end a severe threat to public safety, the officers need not stop shooting until the threat has ended.”
This is deeply disturbing. The Supreme Court now has said that whenever there is a high-speed chase that could injure others — and that would seem to be true of virtually all high-speed chases — the police can shoot at the vehicle and keep shooting until the chase ends. Obvious alternatives could include shooting out the car’s tires, or even taking the license plate number and tracking the driver down later.
The court has also weakened accountability by ruling that a local government can be held liable only if it is proved that the city’s or county’s own policy violated the Constitution. In almost every other area of law, an employer can be held liable if its employees, in the scope of their duties, injure others, even negligently. This encourages employers to control the conduct of their employees and ensures that those injured will be compensated.
A 2011 case, Connick v. Thompson, illustrates how difficult the Supreme Court has made it to prove municipal liability. John Thompson was convicted of an armed robbery and a murder and spent 18 years in prison, 14 of them on death row, because of prosecutorial misconduct. Two days before Mr. Thompson’s trial began in New Orleans, the assistant district attorney received the crime lab’s report, which stated that the perpetrator of the armed robbery had a blood type that did not match Mr. Thompson’s. The defense was not told this crucial information.
Through a series of coincidences, Mr. Thompson’s lawyer discovered the blood evidence soon before the scheduled execution. New testing was done and again the blood of the perpetrator didn’t match Mr. Thompson’s DNA or even his blood type. His conviction was overturned, and he was eventually acquitted of all charges.
The district attorney’s office, which had a notorious history of not turning over exculpatory evidence to defendants, conceded that it had violated its constitutional obligation. Mr. Thompson sued the City of New Orleans, which employed the prosecutors, and was awarded $14 million.
But the Supreme Court reversed that decision, in a 5-to-4 vote, and held that the local government was not liable for the prosecutorial misconduct. Justice Clarence Thomas, writing for the majority, said that New Orleans could not be held liable because it could not be proved that its own policies had violated the Constitution. The fact that its prosecutor blatantly violated the Constitution was not enough to make the city liable.
Because it is so difficult to sue government entities, most victims’ only recourse is to sue the officers involved. But here, too, the Supreme Court has created often insurmountable obstacles. The court has held that all government officials sued for monetary damages can raise “immunity” as a defense. Police officers and other law enforcement personnel who commit perjury have absolute immunity and cannot be sued for money, even when it results in the imprisonment of an innocent person. A prosecutor who commits misconduct, as in Mr. Thompson’s case, also has absolute immunity to civil suits.
When there is not absolute immunity, police officers are still protected by “qualified immunity” when sued for monetary damages. The Supreme Court, in an opinion by Justice Antonin Scalia in 2011, ruled that a government officer can be held liable only if “every reasonable official” would have known that his conduct was unlawful. For example, the officer who shot Michael Brown can be held liable only if every reasonable officer would have known that the shooting constituted the use of excessive force and was not self-defense.
The Supreme Court has used this doctrine in recent years to deny damages to an eighth-grade girl who was strip-searched by school officials on suspicion that she had prescription-strength ibuprofen. It has also used it to deny damages to a man who, under a material-witness warrant, was held in a maximum-security prison for 16 days and on supervised release for 14 months, even though the government had no intention of using him as a material witness or even probable cause to arrest him. In each instance, the court stressed that the government officer could not be held liable, even though the Constitution had clearly been violated.
Taken together, these rulings have a powerful effect. They mean that the officer who shot Michael Brown and the City of Ferguson will most likely never be held accountable in court. How many more deaths and how many more riots will it take before the Supreme Court changes course?
By: Erwin Chemerinsky, Dean of the School of Law at the University of California, Irvine: Op-Ed Contributor, The New York Times, August 26, 2014
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