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

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

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

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

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

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

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

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

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

 

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

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

“Where Anger And Fear Have Brought Us”: Children Are Children, No Matter Their Race Or Ethnicity

Darren Wilson made if very plain in his testimony before the grand jury that he was afraid of Michael Brown. As a matter of fact, his entire case is based on whether or not people believe that to be true. We also know that the officers who shot and killed 12 year-old Tamir Rice assumed that he was about 20 years old.

This is all part of a pattern that was recently the subject of research published by the American Psychological Association.

Black boys as young as 10 may not be viewed in the same light of childhood innocence as their white peers, but are instead more likely to be mistaken as older, be perceived as guilty and face police violence if accused of a crime, according to new research.

Beyond the Michael Brown’s and Tamir Rice’s, those assumptions also lead to this:

Fourteen states have no minimum age for trying children as adults. Children as young as eight have been prosecuted as adults. Some states set the minimum age at 10, 12, or 13…

Some 10,000 children are housed in adult jails and prisons on any given day in America. Children are five times more likely to be sexually assaulted in adult prisons than in juvenile facilities and face increased risk of suicide.

Whether they are being shot on the street, tried as adults, or locked up in adult prisons, Jonathan Capehart is right.

In America, black children are just that, children. It’s a damned shame people’s fears and prejudices blinds them to that fact. It’s a crying shame black kids must suffer because of it.

A lot of people are thinking that the one area where bipartisanship is possible in the next Congress is on criminal justice reform. But anything meaningful in that arena has to include the premise that children are children – no matter their race or ethnicity. A system that fails to treat them as such can never call itself “just.”

Bryan Stevenson, founder and director of the Equal Justice Initiative, brings it all together when he says that these kinds of policies are the result of “a political vision that is fueled by fear and sustained by anger.” He echoes President Obama in suggesting that we have to find a “voice of hopefulness to turn these things around.”

 

By: Nancy LeTourneau, Political Animal, The Washington Monthly, December 6, 2014

December 9, 2014 Posted by | Criminal Justice System, Police Shootings, Race and Ethnicity | , , , , , , , , | Leave a comment

“If Our Grief Were Colorblind”: A Willful Disconnect, In Cleveland And Across The Country

Hundreds showed up Wednesday morning for the funeral of 12-year-old Tamir Rice.

Tamir was black, and all but a handful of his mourners in the pews were black, too. A group of white people was in the balcony, armed with cameras and media credentials.

I point out the lack of white mourners at Tamir’s funeral because it illustrates a willful disconnect, here in Cleveland and across the country. We white people, even the good-hearted liberals among us, tend to view shooting deaths of black children as a black problem. We don’t say that. Most of us don’t even think it. But how else to explain why virtually none of us thinks we should show up at such a child’s funeral? How better to telegraph that we, too, have suffered a loss than to disrupt our day and walk through the door of that church?

I do not mean to suggest I was one of those few “good” white people. I sat with my reporter’s notepad throughout Tamir’s service. Halfway through, I left the balcony to sit among the mourners, but only because I was feeling so uncomfortable with the voluntary segregation.

By now, if you are even a casual consumer of news, you’ve heard about Tamir Rice. You may not know his name — I’ve already discovered that too many times in recent days right here in Cleveland — but you probably know how he died. On Nov. 22, Tamir was playing alone in a Cleveland city park with an air pellet gun missing the telltale orange tip identifying it as a toy. A 911 caller told the dispatcher that Tamir was waving a gun but stressed that it was probably a toy. This detail was not conveyed to the two policemen, both of them white, who answered the call.

The police car zoomed up only feet away from Tamir, and within two seconds, maybe three seconds at most, the child had fallen to the ground after rookie cop Timothy Loehmann leapt out and shot him twice.

We know these details not because of the original police account, which cast Tamir as a young man waving a gun into a frightened crowd and ignoring three warnings from police to drop his weapon. We know what happened because of a grainy video later released by police, which captured the last few viable minutes of Tamir’s life. It is a silent, haunting depiction of an innocent boy who had no idea his life was almost over.

Tamir’s death and too much of the local coverage since have sparked outrage here and across the country. A low point for the Northeast Ohio Media Group was to post online a story not of this young boy’s short life but of his parents’ past criminal records. As if their misdeeds led to — what exactly, their son’s being alone at that park? Their son’s playing with a toy gun? Their son’s inevitable death?

This is what happens when you prize clicks over context and you sideline veteran Guild journalists who’ve been covering Cleveland’s neighborhoods for decades. To his everlasting credit, the editor in charge of visuals at The Plain Dealer, NEOMG’s partner, insisted publicly that he would do everything in his power to keep the story out of the print edition. In a small victory for journalism, he prevailed.

Initially, Loehmann was depicted as a young cop who, according to an interview with his father, had left a suburban police force for Cleveland’s because he wanted more action.

On the day of Tamir’s funeral, that suburban police department, in Independence, Ohio, released Loehmann’s personnel file, revealing a far more troubling story behind his December 2012 departure.

From Deputy Chief Jim Polak’s Nov. 29, 2012, letter in Loehmann’s personnel file:

“It appears from the pattern developing within our short time frame with Ptl. Loehmann that he often feels that when told to do something, that those instructions are optional, and that he can manipulate them if he so feels it can better serve him. I do not say he is doing this for some benefit, or in an insubordinate way, but he just appears to have the mind set that if he thinks he knows better, (then) that is the course he follows.

“Due to his dangerous loss of composure during live range training and his inability to manage this personal stress, I do not believe Ptl. Loehmann shows the maturity needed to work in our employment.

“Unfortunately in law enforcement there are times when instructions need (to) be followed to the letter, and I am under the impression Ptl. Loehmann, under certain circumstances, will not react in the way instructed. …

“…I am recommending he be released from the employment of the City of Independence. I do not believe time, nor training, will be able to change or correct these deficiencies.”

On Wednesday, hundreds of mourners prayed for a boy who should not have died at the hands of a man who apparently should never have been a Cleveland cop.

“This is not a problem of black and white,” Tamir’s uncle Michael Petty said in his eulogy, “but of right and wrong.”

May we prove him right.

 

By: Connie Schultz, Pulitzer Prize-Winning Columnist; The National Memo, December 4, 2014

December 9, 2014 Posted by | Cleveland OH, Police Shootings, Tamir Rice | , , , , , , , , | Leave a comment

“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

December 8, 2014 Posted by | Criminal Justice System, Law Enforcement, Police Brutality | , , , , , , , | 2 Comments

“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

December 7, 2014 Posted by | Eric Garner, Michael Brown, Police Brutality | , , , , , , , | 1 Comment