“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
“For NYPD, No Defense For The Indefensible”: Support Good Cops, Oppose Bad Ones
This should not even need saying, but obviously, it does. So, for the record:
To oppose police brutality is not to oppose police. No one with a brain stands against police when they do the dangerous and often dirty job of safeguarding life and property. But no one with a conscience should stand for them when they assault or kill some unarmed, unthreatening somebody under color of authority.
Support good cops, oppose bad ones: You’d think that a self-evident imperative. But it turns out some of us are unwilling to make the distinction. For them, the valor of the good cops renders the bad cops immune to criticism.
As you’ve no doubt heard, an unstable man named Ismaaiyl Brinsley went cop hunting in Brooklyn on Dec. 20. He randomly shot to death two police officers, Rafael Ramos and Wenjian Liu, in retaliation for the unpunished police killings of two unarmed African-American men in Ferguson, Missouri, and Staten Island, New York.
What followed was tiresomely predictable. Erick Erickson of Fox “News” said President Obama and New York City mayor Bill de Blasio had “all but encouraged retaliation” against police. Rudy Giuliani accused the president and the mayor of putting forth propaganda that “everybody should hate the police.” The National Review Online blamed Obama and de Blasio for creating a “racially charged, rabidly anti-police” atmosphere.
It might be hard to tell from that superheated rhetoric, but the sin they refer to is as follows: Obama and de Blasio called for reform as people vigorously protested the Staten Island and Ferguson killings.
Tempting and easy as it might be to deconstruct all that right-wing drivel, what should truly trouble us is the behavior of the police in the wake of the shooting. Meaning those New York cops who pointedly turned their backs on the mayor as he spoke at Ramos’ and Liu’s funerals. The NYPD has also engaged in a work slowdown — arrests, tickets and summonses down sharply over the last two weeks.
With this temper tantrum, this turning its back on the representative of the people it serves, the NYPD shames itself, shames its profession, and dishonors the memory of its slain men. It also, paradoxically, makes stronger the case for reform.
What other profession behaves this way? Do good lawyers see an attack on bad lawyers as an attack on them all? Are good firefighters threatened by criticism of incompetent ones? Yet this behavior is routine among police — something to keep in mind when we talk reform.
It’s all well and good to say we need body cams, but that’s just a start. As the cases of Rodney King in Los Angeles and Eric Garner in Staten Island make apparent, a visual record is useless if people are unwilling to see what is right in front of them. And yes, there should also be some state-level mechanism for a special prosecutor in cases like these, so we are never again asked to believe impartial justice can be meted out to a given cop by people in the local courthouse who work with him every day.
But the behavior of New York cops, their righteous pique at the idea of being questioned by the people they work for, suggests another needed reform. We must find ways to change police culture so that it becomes easier for cops to police themselves, to name and shame the brutal or trigger-happy incompetents among them.
Yes, that will be much easier said than done: In no other job might your life depend tomorrow on the colleague you stand up against today. But the alternative is this status quo wherein police are effectively above the law they swear to uphold.
Where bad cops cannot be questioned, good cops cannot be trusted — and all cops are undermined.
There’s something else that should not need saying, but does.
By: Leonard Pitts, Jr., Columnist for The Miami Herald; The National Memo, January 7, 2014
“Perpetuating Itself”: America’s War Machine Sells Fear And Loathing Beyond Ferguson; Black And Brown People Pay The Price
The War Machine is the violent nexus of military and economic forces that grinds us up to perpetuate itself. With politicians of all stripes in its pockets and buoyed by lobbyists, the War Machine is beyond the reach of civil government and easily tramples individual souls, especially when they inhabit bodies of color. War is a big, multi-trillion-dollar business, requiring the sales, construction and operation of guns, drones, missiles, governmental armies, private armies, public prisons, private prisons and the like.
While the War Machine has been operated most obviously overseas in places like the Middle East, and domestically behind bars, it is now increasingly clear that the War Machine is also operating on America’s streets.
The War Machine has always made for strange bedfellows. Even as the conflict in Afghanistan, America’s longest foreign war, ostensibly ends, America’s largest police department and its union are in sometimes open conflict against their civilian commander, supported by a right wing that normally hates public unions.
The NYPD’s beef with its chief? That Mayor Bill de Blasio merely said he had “the talk” about police that all parents of black boys have with their sons. My father had it with me, as did every parent of every black person I know. But the War Machine will accept no criticism, ever: not for torturing brown people overseas, nor for making brown children fear police at home.
Beware she who dares to speak out at such times. When a Fox affiliate selectively edits the words of Baltimore protester Tawanda Jones to make it sound as if she said “kill a cop” when she did not, it is an example of how the War Machine hates dissent. Speech feels as under assault now as it did after 9/11, because it’s one thing for the press to express its belief, however misguided, that the exercise of free speech isn’t warranted. But it should be another for government officials to declare if, when and how dissent is appropriate. In 2001, George W Bush’s press secretary, Ari Fleischer, once warned “all Americans that they need to watch what they say, watch what they do”; in 2014, de Blasio declared after the shooting of two police officers that it was time to “put aside political debates, put aside protests”. Protest and dissent scare the War Machine.
Moments of crisis are a prime time to sell fear, and “patriotic” policy, and guns. Demanding considerations of peace leading up to a foreign war threaten those sales. Demanding a consideration of the 1,100 people killed by American police last year, even after two police officers have been killed, may similarly threaten the standard narrative – and that’s why it’s so important for protesters to keep forcing this conversation, about real lives and real justice and real reform, right now.
Because Washington won’t. Our national consciousness may now be raised about the dangers of arming of our local police departments with military-grade weapons after citizens across the nation demanded that black lives, indeed, matter. Our eyes may have been opened to torture committed by our military. But neither the right nor the “left” in Washington have any plans to punish the torturers – nor stem the flow of military equipment intended for use against civilians into Ferguson, Brooklyn and beyond – anytime soon.
When I watched, with horror, as the mother of Antonio Martin realized live on Ustream that her son had just been shot by police, I thought to myself, “The War Machine will be gunning for her next.” It will blame her for being the cause of police violence against black bodies, and not examine the context in which that violence occurred. The War Machine does not want us as a society to ask of ourselves the difficult questions about why it is that black people, abroad and at home, have been kept in the margins and away from economic opportunity, employment, education and safety. It prefers that we maintain the status quo and uncritically support the state, no matter how violent and oppressive.
The War Machine will say, at best, that the answer to such violence against civilians is merely technological, because driving up the sale of body-cams and more guns is what it does so well. But, more likely, the War Machine will want to make an example of Antonio Martin’s mother: that she and her son are a good excuse for more surveillance of black bodies, even though we know over-policing does not reduce crime.
Of course, the War Machine doesn’t care particularly about black mothers or black women. The story of a deranged man from Georgia going on a shooting spree has been entirely about the death of two police officers in New York, and hardly at all about the shooting of Shaneka Thompson in Baltimore. Similarly, the War Machine doesn’t care especially about Officers Wenjian Liu and Rafael Ramos as individuals; like Ismaaiyl Brinsley did, it just sees them as cops. To the War Machine, violence must repeat itself: that’s why those officers’ deaths are being heralded as an occasion to suspend dissent – as a moment of “grieving, not grievance” – and not as a time to question American violence overall.
The War Machine has always had an insatiable need for bodies of color from before the birth of this nation. The genocide of Native Americans, the Atlantic Slave trade of Africans, the conquest of Mexicans, the colonization of Filipinos and Hawaiians, the mass importation of Chinese workers subsequently denied citizenship under the Chinese Exclusion Act: the War Machine created and then expanded the size of the United States using non-white bodies, waging war against them, and making them second-class citizens (when it deigned to make them citizens at all). Though the 13th Amendment ended legal slavery, it did not end the War Machine’s assault on black people, which has simply morphed from slavery, sharecropping and Jim Crow segregation, to modern day schools which are just as segregated, police violence, economic exploitation and mass incarceration. The War Machine has so effectively decimated the black community, for example, that for the few of us who do manage to get, say, an education, it is almost meaningless as a way to move up in the world.
The Black Lives Matter movement is about more than just justice for our deaths: it’s about the depreciation of black life in the service of accumulation of stuff for white people, from slavery to “security” to shopping. This status quo is protected, often violently, by police. And now as the War on Terror (allegedly) scales down, there is an oversupply of “stuff” used to commit violence in the name of quelling it – and an undersupply of violence to quell. The “ongoing slippage between policing and war that still visibly characterizes the present”, as the historian Nikhil Pal Singh recently observed, shouldn’t be seen as mere coincidence: it’s the War Machine coming home, and coming home as hungry as ever.
By: Steven W. Thrasher, The Guardian, January 5, 2014
“Support Your Local Police, Or Else”: A Lot Of Cops Don’t Understand That They Owe Respect To The Citizens They Are Sworn To Protect
New York Mayor Bill de Blasio and Chief of Police William Bratton should do the one thing they would never dare do to fix the attitude of their police force. They should fire a thousand cops.
In the midst of their hissy fit over the mayor’s lack of adoration for the men and women in blue, the cops are refusing to enforce the law. Arrests in New York City are down 66 percent and citations for petty offenses and traffic violations are down 94 percent from the same week a year ago.
In short, the reaction of the New York cops to being told they sometimes do a bad job is to do the job worse.
De Blasio’s sin is failing to fully back the police who killed Eric Garner, an unarmed black man selling cigarettes on a street corner. He had the effrontery to suggest that the people peacefully demonstrating against killing an unarmed man committing a minor crime might have a point. He even said he had to train his own mixed-race son how to deal with police officers so he wouldn’t get killed. He knows his city and his cops.
Even before the assassination of two officers in their car, the police circulated a self-righteous petition saying de Blasio has not given cops the “respect they deserve,” and disinviting the mayor from future police funerals. It says in part that the mayor’s “attendance at the funeral of a fallen New York City police officer is an insult to that officer’s memory and sacrifice.”
The mayor got off wrong with the cops by campaigning for office against the unconstitutional “stop and frisk” policy that had the police bracing an inordinate number of young, black, poor and Latino men randomly on the street. Then came the Eric Garner mess.
Now some police officers actually blame de Blasio for creating an anti-police atmosphere in which two officers were randomly assassinated. At least three times now, New York police officers in uniform have engaged in a political demonstration by turning their backs on the mayor; once in person and twice at the funerals of fellow officers. Chief Bratton, revered as the cop who has turned around policing in America, weakly said it was “inappropriate.” Since when is it merely “inappropriate” to conduct politics in uniform?
The people who carry guns and wear uniforms in the name of public service have to respect and obey civilians and civilian authority or else they are an occupying army. And that’s what everyone demonstrating in the streets of America is complaining about. Too often, the cops act like an occupying army.
Cops demand reverence and special treatment because they claim they “lay their lives on the line” every day protecting the public. They do not. Most police work, like any other job, is routine and boring. No doubt, police officers encounter terrible and dangerous situations that most of us never do, but they aren’t laying their lives on the line every day.
And in some places in America, the cops are the biggest danger innocent civilians face.
Several dozen police officers are killed on the job every year. It’s true and it’s terrible. But the most deadly profession in America is being a lumberjack. More fishermen, aircraft pilots and roofers die on the job every year than cops. Police work is not even among the top ten most dangerous professions.
As a journalist, I’ve seen cops on the job for 35 years. I’ve seen them do great and brave things. I’ve also seen them being mean, arrogant and stupid. I’ve seen cops in Boston beat up demonstrators. I saw the Los Angeles police abandon their city in a riot to prove how necessary they are. I’ve seen cops bully black kids and beat up reporters. More than once I’ve had a cop say to me, “I don’t care what the law says.”
Police officers do not “deserve” respect. Like anyone else in this world, they have to earn it. What a lot of cops don’t understand is that they owe respect… to the citizens they are sworn to protect, and to the civilian leaders they work for.
I’d like to see Bill de Blasio and Chief Bratton walk down a row of New York cops refusing to do their job and poke them in the chest saying, “Yo .. turn in your badge; You, you’re a disgrace. Get out.” Then the cops would have every right to turn their backs on the mayor. And get the hell out of the station house.
By: Brian Rooney, The Blog, The Huffington Post, January 5, 2015
“Who Should Investigate Police Abuse?”: When Local DA’s Investigate Local Police Officers, There Is An Inherent Conflict Of Interest
The national conversation about police abuse will shortly take a new turn. Following the failures of local grand juries to bring charges against the white police officers who killed Michael Brown in Ferguson, Missouri, and Eric Garner, in Staten Island, protesters around the country took to the streets. Then, after the murders of the New York police officers Rafael Ramos and Wenjian Liu in Brooklyn on December 21st, a fierce backlash against the anti-police protests began. The result is a sour standoff, with opposing sides united only in their sense of victimhood. Protesters shout “I can’t breathe,” and cops turn their backs on Mayor Bill de Blasio—but now what?
To date, one serious proposal for reform has emerged. On December 8th, Eric Schneiderman, the Attorney General of New York, proposed that Governor Andrew Cuomo name him, Schneiderman, as an independent special prosecutor to investigate and, if appropriate, prosecute police officers in any situation where they cause the death of a civilian. As Schneiderman noted in his letter to the governor, the proposal seeks to address a real problem. When local district attorneys investigate local police officers, there is an inherent conflict of interest. In virtually all usual circumstances, police and prosecutors are partners, working together to build cases against defendants. This is especially true in a place like Staten Island, where the elected district attorney, Dan Donovan, both works closely with the police and answers to many of them as his constituents. As Schneinderman noted, on the rare occasions when prosecutors investigate the police, even when all parties act with the best of intentions, “the question is whether there is public confidence that justice has been served, especially in cases where homicide or other serious charges against the accused officer are not pursued or are dismissed prior to a jury trial.” Cases, in other words, like those of the officers who killed Brown and Garner. (Cuomo has hedged in response to Schneiderman’s idea, saying that he wants to weigh a full package of reforms.)
Schneiderman’s proposal met with a fiercely negative response from an unexpected quarter. Kenneth Thompson, the newly elected district attorney in Brooklyn, blasted Schneiderman’s proposal as “unworkable” and an insult to the state’s sixty-two elected district attorneys. Thompson, a Democrat, is hardly a mouthpiece for his colleagues in law enforcement; he defeated an incumbent district attorney, in significant part, by criticizing the cozy relationship between police and prosecutors in the borough. In his objections to Schneiderman’s proposal, Thompson pointed to potential practical problems—saying that it would stretch the attorney general too thin, particularly if it came to include all accusations of police brutality, not just those that ended in death. But Thompson’s objections were also more profound. “As the duly elected district attorney of Brooklyn, I am more than able to thoroughly and fairly investigate any fatality of an unarmed civilian by a police officer,” Thompson said. Indeed, Thompson recently brought a police-brutality case against two officers, and is investigating the recent police-shooting death of an unarmed man in a housing project.
The conflict between Schneiderman and Thompson illustrates a paradox, even a contradiction, in the criminal-justice system. New York, like most states, has a regime of elected countywide prosecutors. The idea is that law enforcement should respond to the needs of the local community, and for the subjective needs of the community to be paramount. But the system also demands objectivity—an ideal of justice untainted by the special interests of the locals. This is the heart of the conflict over Schneiderman’s idea, and both sides can point to examples that prove their point. It is true that local prosecutors like Thompson have, on occasion, brought successful cases against local police officers. And outsiders, who are not subject to the usual checks and balances on prosecutors, can abuse their freedom. “When you start to talk about special prosecutors—do we really want another Ken Starr?” Frank Sedita, the Erie County District Attorney, asked in response to Schneiderman, referring to the federal independent counsel who led the investigation of President Bill Clinton. The risk, according to Sedita, is ending up with “somebody who is not accountable to the public and specifically not accountable to the citizens of that county.”
Schneiderman’s idea has considerable appeal; his judgment in the Eric Garner case would surely have had more credibility than the one rendered by Donovan. Still, special prosecutors are not necessarily good or bad. Like the locals they replace, they are only as good as the cases they bring, or refrain from bringing. That, ultimately, will rest on the good judgment of the individuals involved, and no one has yet figured out a way of putting the right person in place all the time.
By: Jeffrey Toobin, The New Yorker, December 30, 2014
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