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“Breathe Easy, Respect The Presumption Of Innocence”: A Legal Precept That’s Never Been Terribly Popular

So the latest riposte in the war of t-shirt messages involving police shootings is this, via a report from TPM’s Brendan James:

A cop who owns a clothing business in Indiana has responded to protests over the police killing of an unarmed black man in New York with T-shirts reading: “Breathe Easy: Don’t Break the Law.”

The phrase was a play on the last words of the man, Eric Garner, after he was placed in a chokehold by New York City police officer Daniel Pantaleo in July: “I can’t breathe.”

Jason Barthel, a police officer and owner of South Bend Uniform, told television station WSBT the shirts were selling quickly.

“We are not here to do anything negative to the public,” he told the station “We’re here to protect the public and we want you to breathe easy knowing that the police are here to be with you and for you and protect you.”

The medical examiner ruled Garner’s death a homicide, but a grand jury on Dec. 3 decided not to indict Pantaleo in the death. Protesters demonstrating across the country in the wake of the decision have adopted “I Can’t Breathe” as a slogan.

One of the most disturbing aspects of the backlash to protests over the Brown and Garner’s killings is the underlying sentiment that both men assumed the risk of getting blown away by breaking the law. They were not convicted of anything in a court of law, and last time I checked, there is no state where selling black market cigarettes or stealing cigarillos or smoking reefer is a capital offense.

But the painful truth is, presumption of innocence is not a legal precept that’s ever been terribly popular. I may have told this story before, but the crusty old legal aid lawyer who taught the Criminal Procedure class I took in law school told us on the very first day: “Forget presumption of innocence. Your average juror looks at a defendant and says ‘Of course he probably did it. He’s up there in the dock, isn’t he?'” Mix in a little racism with this attitude, and it can provide a free pass for anyone–particularly anyone in a uniform–to get way out of line, since the victim “asked for it,” which means he or she isn’t really a victim at all, right? This needs to change.

 

By: Ed Kilgore, Contributing Writer, Political Animal, The Washington Monthly, December 16, 2014

December 17, 2014 Posted by | Civil Rights, Police Shootings, Racism | , , , , , , | Leave a comment

“Racial Strife Can Lead To Progress”: Learning More About How Race Is Experienced By Different People In Our Very Diverse Society

Big city mayors have to stay as neutral as possible when asked about disputes between their citizens and the police. But New York City mayor Bill de Blasio found his voice in a profoundly moving way when he responded not as a mayor, but as a parent.

His sentiments came out in a news conference and an ABC-TV interview after a grand jury decided not to indict a white police officer in the video-recorded choking death of Eric Garner, a black suspect in Staten Island.

The mayor, who is married to an African-American woman, described his own warnings to his biracial son, Dante, about making any sudden or otherwise suspicious movements in an encounter with police.

“What parents have done for decades who have children of color, especially young men of color, is train them to be very careful when they have … an encounter with a police officer,” de Blasio said on ABC’s This Week.

Asked if he felt his son was at risk from his city’s own police department, de Blasio responded: “It’s different for a white child. That’s just the reality in this country. And with Dante, very early on with my son, we said, ‘Look, if a police officer stops you, do everything he tells you to do, don’t move suddenly, don’t reach for your cellphone,’ because we knew, sadly, there’s a greater chance it might be misinterpreted if it was a young man of color.”

Although the mayor expressed “immense respect” for New York’s Finest, police union officials fired back. The cops felt “thrown under the bus,” said one.

But I appreciated de Blasio’s remarks. We have something in common. We are both fathers of handsome young African-American males with conspicuous hair.

Dante’s explosively huge Afro made headlines during his dad’s campaign last year as a major asset, especially with young voters. My son has long dreadlocks, today’s version of the big Afro and mutton-chop sideburns with which I upset my own parents. “Grandma’s revenge,” I call my kid’s hairstyle.

I appreciated de Blasio’s remarks because one does not often hear a prominent white official speak candidly about “The Talk,” which is what many black parents call the painfully necessary conversation they have with their kids about how to behave if stopped by police.

The Talk has slipped into more widespread conversations with the recent wave of controversial police killings of black men and boys, some of which — like Garner’s — were captured on video.

Besides Garner, who died this summer when a police officer put him in an alleged chokehold after stopping to arrest him for selling untaxed “loosie” cigarettes, there was 18-year-old Michael Brown, who was fatally shot by a police officer in Ferguson, Missouri, after a struggle.

More recently, a Cleveland cop fatally shot 12-year-old Tamir Rice, who was playing with a fake gun. Video of that shooting has run repeatedly on TV, along with the shooting of unarmed Levar Jones, 35, who reached into his car for his license too quickly in a Richland County, South Carolina, according to the officer, who has since been fired. Jones fortunately survived.

Is this why a narrow majority of Americans in a new Bloomberg Politics poll say they think racial interactions have gotten worse under President Obama? I think things only seem worse, especially to those who didn’t want to face the persistent canyon of our racial and cultural differences.

Racial discord in my view is a lot like sex: We may not be having more of it than we used to, but we’re talking about it more than ever.

In that way, we’re learning more — whether we intended to or not — about how race is experienced by different people and families in our very diverse society. Part of the thanks goes to modern media that, depending on how they are used, can shed light or more heat.

But those who expect to reach a “colorblind society” without a lot of effort and occasional setbacks are, as Frederick Douglass — one of the 19th century’s most important African Americans — said, are “people who want crops without plowing the ground.” We have many miles to go before we reap.

 

By: Clarence Page, The National Memo, December 15, 2014

December 16, 2014 Posted by | Bill de Blasio, Race and Ethnicity, Racism | , , , , , , | Leave a comment

“We Create The World We Expect”: What Happened To Protect And Serve? Cops, Civilians And Guns

If you’ll excuse my descending into cliche, the issue that began in Ferguson, Mo. is moving beyond racism to the present-day penchant of police departments to apply military thinking to civilian life.

This thinking leads cops to expect and insist on instant obedience in any interaction. If they don’t get it, they escalate.

This can naturally take things in the wrong direction, a phenomenon reinforced by the intimidating appearance of surplus military equipment, widely distributed to urban, suburban, and rural departments alike from the Afghanistan and Iraq theaters .

Cops have very dangerous jobs. Anything can suddenly move from ordinary conversation to a life-or-death matter — especially in a country that has more guns than people.

And according to the most authoritative source, the Small Arms Survey, there were least 270 million privately-owned guns in the U.S. in 2007 — an average of 88.9 guns per 100 Americans. Since President Obama’s election in 2008, another 67 million guns have been sold–a total of 337 million guns in a nation with 319.3 million people.

With that many guns out there — Americans are the world’s best-armed people — cops can’t be blamed for assuming that anybody they stop may have one. So taking this approach is probably advisable, assuming the cop wants to live.

But the result has been that cops have been encouraged to adopt the thinking of combat officers. A combat officer’s job is to protect the lives of his men. He does that by killing the enemy. It’s a brutal logic, but appropriate for the circumstances. And it’s not a stretch to say that cops are in combat 24/7 and suffer a form of PTSD, and that this reality probably helps cops to have high suicide rates.

Still, we create the world we expect, and if cops stick to this rationale, we have to expect to see more of these incidents, however you want to label them. Even if Michael Brown’s death can be explained away (I don’t think it can be), Tamar Rice and Eric Garner’s can’t be.

In any event, the fundamental premise of this thinking is badly flawed, because cops are there to protect us, and by and large, ordinary citizens–the people cops mostly deal with–are not their enemies.

Meanwhile, MOTHER JONES has just published an excellent article proving with the available statistics they have assembled that black and Hispanic Americans are much more likely to be shot by a policeman than whites.

The usual objection to statistics like this is the assertion that blacks and Hispanics are more likely to be committing the sorts of crimes that cops encounter. But if we accept that almost all crime is economically-driven, and not an outgrowth of some baked-in ethnic malignity, what they really show is that by and large, the non-white population in this country is poorer than the white population. So it follows that the real issue is likewise economic, since overall, the black and Hispanic populations in America are poorer than whites.

To my mind, if we want to resolve this wave of racially-tinged, indefensible killings of civilians growing out of the militarization of the police — on December 6, Phoenix, Ariz. police shot Rumain Brisbon, an unarmed 34-year-old, because they mistook a bottle of pills for a gun — we have to address how cops are trained, the sort of income inequality that’s been produced by supply-side economics, and the relentless pro-gun drumbeat coming from NRA headquarters.

 

By: Andrew Reinbach, The Blog, The Huffington Post, December 8, 2014

December 10, 2014 Posted by | Guns, Militarization of Police, Police Shootings | , , , , , , , | 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

“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