“The Only Way To End Police Violence”: Convince Americans That Their Lives Truly Matter
Here’s something one is not supposed to say at a time like this, but it’s true and we all know it’s true, so let’s say it: There will be more Eric Garners; more Michael Browns. There will be, it’s sad to say, piles more of these dead, black, male bodies, and dozens or hundreds more white police officers walking away from the inconvenience of having added to the pile, for the simple and obvious reason that our political system and our culture have neither the will nor the capacity to ensure that there won’t be.
This is also usually when we pause to take note of the great racial progress we’ve made in this country over the last two generations, while adding dutifully and ruefully that there is still much more to do. We’ve made progress for sure. But on the criminal justice front, we’ve gone backwards. The harsh sentencing laws passed from the 1970s through the 1990s have seen to it that one out of three black men in America will do some jail time at some point in his life. If Putin did that with one of his ethnic minorities, we’d be calling him a greater monster than Stalin.
The dollar value of a statistical life in the United States is purported to be around $5 million. That’s what safety analysts say. Of course that dollar value, callous as it may seem, is based on certain inputs—a person’s education, her earnings, her contributions to community and society. But if that’s the average, what’s a young black male life worth in the United States? Is it worth $1 million? Maybe $500,000? Michael Brown’s was apparently worth something closer to zero.
This is not going to change in America, at least for many, many years. Ask yourself: What would it take, really, for your average white cop not to see your average black male young adult as a potential threat? Because we can pass all the ex-post facto laws we want, and we can even convict the occasional police officer, which does happen from time to time. But that’s not where the problem starts. The problem starts in that instant of electric mistrust when the cop reaches for his gun, or employs a homicidal chokehold. That moment is beyond the reach of legislation, or of any punishment that arrives after the fact.
So to answer the question of what it would take—well, cops will make different and less deadly decisions in those fateful moments when they no longer reflexively see black males as a priori threatening figures. But there’s so much history and cultural DNA threaded into that reflex that it’s hard to see how it can change.
Which is not to say that we shouldn’t try things. But to me, we should be putting a lot more emphasis on the front end than the back end; that is, on prevention more than punishment. By which I mean, for example, the training, education, and screening of white cops who will be dealing regularly with black citizens.
Back when I was writing about New York City, I once participated in a public forum where I was one of the journalists questioning then-Police Commissioner Howard Safir. One of those big incidents—Abner Louima, Amadou Diallo, Patrick Dorismond, I can’t remember which, and they happened every few months—had recently taken place. Others asked Safir about after-the-fact approaches—a stronger civilian complaint review board, for example, which had been kicking around at the time, or steeper departmental penalties.
I went in a different direction. I asked Safir whether the NYPD did any kind of racial screening of police academy hopefuls; any battery of psychological tests, say, designed to identify and weed out the potential bad seeds? He didn’t say yes. But he didn’t say no, either. He had no idea! The commissioner—no idea how or whether applicants were screened for racial biases. Now, I don’t know whether any such testing goes on today, but if it doesn’t, it should.
We could also try more integrated police forces. Things are better on that score in many cities than they were 30 years ago, but still woefully out of balance, especially in a city like Ferguson. So there are a few things we can do to try to prevent these tragedies.
But I doubt the political will exists for anything beyond the most transparently cosmetic changes, and at bottom the will is not there because not enough value is attached in American society to young black male lives. If more were, society would never stand for this. If someone out there with a passion for this issue and a couple billion dollars wants to work on a project, maybe it’s just this: Show Americans that young black men don’t have to be either hoodlums or rappers or occasionally actors, that they are just like young white men in their infinite variety, goodness, badness, talent, mediocrity, and decency. When they become simply human to the rest of America, that’s when America will do something to lessen the pile.
By: Michael Tomasky, The Daily Beast, December 5, 2014
“The Eric Garner Case’s Sickening Outcome”: When Being The Wrong Color Becomes A Capital Offense
I can’t breathe.
Those were Eric Garner’s last words, and today they apply to me. The decision by a Staten Island grand jury to not indict the police officer who killed him takes my breath away.
In the depressing reality series that should be called “No Country for Black Men,” this sick plot twist was shocking beyond belief. There should have been an indictment in the Ferguson case, in my view, but at least the events that led to Michael Brown’s killing were in dispute. Garner’s homicide was captured on video. We saw him being choked, heard him plead of his distress, watched as no attempt was made to revive him and his life slipped away.
This time, there were literally millions of eyewitnesses. Somebody tell me, just theoretically, how many does it take? Is there any number that would suffice? Or is this whole “equal justice before the law” thing just a cruel joke?
African American men are being taught a lesson about how this society values, or devalues, our lives. I’ve always said the notion that racism is a thing of the past was absurd — and that those who espoused the “post-racial” myth were either naive or disingenuous. Now, tragically, you see why.
Garner, 43, was an African American man. On July 17, he allegedly committed the heinous crime of selling individual cigarettes on the street. A group of New York City police officers approached and surrounded him. As seen in cellphone video footage recorded by an onlooker, Garner was puzzled that the officers seemed to be taking him into custody for such a piddling offense. He was a big man, but at no point did he strike out at the officers or show them disrespect.
But he wasn’t assuming a submissive posture as quickly as the cops wanted. Officer Daniel Pantaleo placed him in a chokehold, compressing his windpipe — a maneuver that the New York Police Department banned two decades ago. Garner complained repeatedly that he was having trouble breathing. The officers wrestled him to the sidewalk, where he died. An emergency medical crew was summoned, but officers made no immediate attempt to resuscitate him.
The coroner ruled Garner’s death a homicide. He suffered from asthma, and Pantaleo’s chokehold killed him.
The Staten Island prosecutor presented evidence against Pantaleo to a grand jury; the other officers involved in the incident were given immunity in exchange for their testimony. On Wednesday, it was announced that the grand jury had declined to indict Pantaleo on any charge.
This travesty — there’s no other word for it — came just nine days after a St. Louis County grand jury declined to indict Officer Darren Wilson for Brown’s death. Demonstrators took to the streets across Manhattan. What else was there to do but protest? Set aside the signs that say “Hands Up, Don’t Shoot.” Bring out the signs that say “I Can’t Breathe.”
There are two big issues here. One involves the excessive license we now give to police — permission, essentially, to do whatever they must to guarantee safe streets. The pendulum has clearly swung too far in the law-and-order direction, at the expense of liberty and justice.
As I wrote Tuesday, we are so inured to fatal shootings by police officers that we do not even make a serious effort to count them; the Brown case illustrated this numbness to the use of deadly force. Garner’s death is part of a different trend: The “broken windows” theory of policing, which holds that cracking down on minor, nuisance offenses — such as selling loose cigarettes — is key to reducing serious crime.
Police officers, whose brave work I honor and respect, are supposed to serve communities, not rule them.
The other big issue, inescapably, is race. The greatest injury of the Brown and Garner cases is that grand juries examined the evidence and decided there was no probable cause — a very low standard — to believe the officers did anything wrong. I find it impossible to believe this would be the result if the victims were white.
Garner didn’t even fit into the “young black male” category that defines this nation’s most feared and loathed citizens. He was an overweight, middle-age, asthmatic man. Now we’re told that the man who killed him did nothing wrong.
Eric Garner was engaged in an activity that warranted no more than a warning to move along. But I recognize that he also committed a capital offense: He was the wrong color.
By: Eugene Robinson, Opinion Writer, The Washington Post, December 3, 2014
“Broken Windows Policing”: Eric Garner Was Choked To Death For Selling Loosies
The controversial deaths of African Americans Michael Brown in Ferguson and Eric Garner in Staten Island at the hands of white police officers don’t just speak to racial divides and raise questions of discriminatory law enforcement in America.
In very different but related ways, they raise fundamental questions irrespective of race about how policing gets done. Unless we want to subject ourselves to endless repeats of similarly tragic events, we need to confront and work through both the militarization of police and commitments to so-called broken windows policing.
In August, Brown was shot and killed during a struggle with Ferguson Police Officer Darren Wilson, who was ultimately not indicted by a grand jury. Whatever else you can say about the case, it was the ham-fisted overreaction to protests by the Ferguson and St. Louis County police forces and the Missouri National Guard that catapulted the story to prominence. The Ferguson story captured the national conversation because it showcased the ubiquitous militarization of police that has been proceeding apace, often with the help of liberal politicians, during the past 40 or more years.
Indeed, just earlier this week, four members of the Congressional Black Caucus made a “hands up” gesture on the House floor to show solidarity with Brown and Ferguson protesters. Yet each of the members who raised their hands—Yvette Clarke, Al Green, Sheila Jackson Lee, and Hakeem Jeffries, liberal Democrats all—voted against “an amendment in June that would’ve limited the transfer of military equipment from the Department of Defense to local police agencies.”
Similarly, Garner’s death in July after being placed in a chokehold is not simply about race. It’s about community policing and the ability of top brass to enforce restrictions on beat cops’ behavior. As cell phone footage of the incident makes clear, the police approached the 43-year-old Garner after he had helped to break up a fight on a busy street in Staten Island. The cops were less interested in the fight than in asking Garner whether he was selling loose cigarettes or “loosies,” which is illegal. “Every time you see me, you wanna arrest me,” says Garner, who had a rap sheet for selling loosies and was in fact out on bail when confronted.
Footage of the incident shows New York Police Department Officer Daniel Pantaleo placing Garner in the chokehold that was the main cause of death according to the coroner, who further ruled the death a “homicide.” (Police at the scene initially claimed that the asthmatic, 350-pound Garner had suffered a heart attack). Like Wilson, Pantaleo was not indicted.
Why were the cops so hell-bent on stamping out the sales of loosies, which typically sell for 75 cents a pop in Staten Island (and two times or more that in Manhattan)? New York City boasts the highest cost for cigarettes in the nation, with a pack ranging anywhere from $12 and up. The city lays its own taxes on top of the state’s, in an effort both to raise revenue and discourage use of tobacco.
The result is a thriving market in sales of loosies and black-market cigarettes more generally (for a fascinating look of how the market in loosies operates, check out this 2007 study published by the National Institutes for Health). Since 2006, the tax on cigarettes in New York have risen 190 percent and cigarette smuggling has risen by 59 percent, writes Lawrence J. McQuillan of the Independent Institute. Whether it’s liquor, drugs, or cigarettes, when you try to stamp out something consenting adults want, you cause as many or more problems as you ameliorate.
Stretching back to the Rudy Giuliani years, the NYPD has been committed to “broken windows” policing, which focuses on stamping out misdemeanor offenses and “quality of life” issues such as graffiti that proponents say lead to more serious crime. “Murder and graffiti are two vastly different crimes,” Giuliani argued in the 1990s, “but they are part of the same continuum, and a climate that tolerates one is more likely to tolerate the other.”
Last January, the city passed stronger penalties for selling loosies and other illegal cigarettes and in early July, reports the Daily News. The NYPD’s Chief of Department, Philip Banks, specifically called for crackdowns on loosie sales in Staten Island. “Among the specific public complaints of illegal activity in that area included the sale of untaxed cigarettes as well as open (alcohol) container and marijuana use and sale offenses,” an NYPD spokesman told the News.
Police Commissioner William Bratton introduced broken windows policing to the NYPD when he was first hired by then-Mayor Rudy Giuliani in 1993, and he is continuing its use while serving under current Mayor Bill de Blasio. But just as the response to Ferguson protests raised questions about the sagacity of outfitting local cops with military grade weapons and gear, the death of Garner and other non-violent suspects is forcing a debate over broken windows. “I don’t think it’s a necessary police tactic,” City Councilman Andy King told the News. Councilwoman Inez Barron argued that “such enforcement ‘leads to confrontations like this [one].’”
As in most cases involving social science and broad cultural trends, supporters and critics of broken windows policing can marshal seemingly irrefutable evidence in favor of their position. There’s little question that New Yorkers support arrests for low-level offenses. A Quinnipiac Poll of New Yorkers in August found that 60 percent of respondents agreed that “when a cop enforces some low-level offense…it improve[s] quality of life.” Only 34 percent said it increased neighborhood tensions, with “very little difference among black and white voters.”
Yet clearly something has gone horribly wrong when a man lies dead after being confronted for selling cigarettes to willing buyers. Especially since, as even Bratton has acknowledged, the chokehold applied by the restraining officer is prohibited by the NYPD’s own rulebook. Does the commissioner really control his officers, and is it time to rethink nanny state policies that create flourishing underground markets?
The conversation over the militarization of police started by Ferguson is well under way and has already yielded real change: In the name of transparency, more police departments and the federal government are calling for the use of wearable body cameras that will at least capture parts of confrontations like the one that ended in Michael Brown’s death.
It’s past time to have that same sort of open conversation about broken windows policing. It’s safe to say that noboby thinks selling loosies is a capital offense, but if the police cause the death of a man they are taking into custody by using chokeholds, things get pretty murky very fast.
By: Nick Gillespie, The Daily Beast, December 3, 2014
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