“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
“A Lingering Problem With Racism”: Black Men; Beware Of Police Officers
It’s one of the best-known lines of any English-language poet — Robert Burns’ reflection on the upper-class church lady who doesn’t realize there’s a louse crawling around on her bonnet. “O wad some Pow’r the giftie gie us, To see oursels as ithers see us!”
I had an opportunity to see how others see us while vacationing in Italy when news broke of the grand jury’s decision not to indict Officer Darren Wilson for killing teenager Michael Brown. Across Europe, the news coverage was nonstop. And it wasn’t pretty.
For most Europeans, the failure of the grand jury to indict, and resulting riots in Ferguson and other cities, was just further proof that a country that brags of its human rights record has itself a serious, continuing problem with racism. On German television, a special program on racism in America opened with the chilling observation: “For half a century, the land of the free has been trying to overcome racism and discrimination — with doubtful results.” French Justice Minister Christiane Taubira summed up her impressions on Twitter: “Racial profiling, social exclusion, territorial segregation, cultural marginalization, firearms, fear, fatal cocktail.”
Of course, nobody enjoyed rubbing our nose in it more than Russia. After years of our condemning the Russian government for its denial of basic human rights, this was their chance to get even. Russia’s foreign ministry, which dubbed the unrest a “color revolution,” cited the riots as evidence of “systematic shortcomings of American democracy.”
It’s uncomfortable to hear such criticism, especially from nations that are hardly paragons of virtue. Yet, they are right! We do have a lingering problem with racism in this country. We might as well admit it, and we’d better start dealing with it. We saw it in Los Angeles with Rodney King. We saw it in Sanford, Florida, with Trayvon Martin. We saw it in Ferguson with Michael Brown. And now we see it, once again, on Staten Island, with Eric Garner. Add to these cases that no doubt go unreported every day nationwide.
As shocking as the grand jury’s decision in Ferguson might be, the Staten Island grand jury’s decision not to indict is even worse — because they were presented with so much more evidence. Starting with a video of the entire incident, on which Garner can be heard repeatedly warning “I can’t breathe,” as Officer Daniel Pantaleo locks him in a chokehold while four or five other police officers hold him down, face pressed into the sidewalk. They then leave him lying there for more than five minutes — handcuffed, not breathing, without administering any aid — until an ambulance arrives. And there’s no doubt how he died. The medical examiner ruled that Garner’s death was a homicide caused by the chokehold — the use of which is banned under New York Police Department rules.
Yet, despite such clear evidence of police abuse, the grand jury refused to indict Pantaleo, who thereby joined Darren Wilson as the latest white police officers to kill an unarmed black man and get away with it. Garner, meanwhile, joined Michael Brown as two of their latest victims, neither of whom deserved to die. Michael Brown’s crime? Walking down the street in Ferguson. Eric Garner’s crime? Allegedly selling loose cigarettes on the streets of Staten Island without a license. Would a young white man have been killed by police for such minor offenses?
Hopefully, the back-to-back deaths of Michael Brown and Eric Garner will serve as the two-by-four between the eyes necessary to wake all of us up to the need to confront the issue of race head-on — and not forget about it until the next headline-grabbing event. Yes, we’ve made a lot of progress since the days of Jim Crow. But the evidence of continuing racial discrimination is overwhelming: in racial profiling of young blacks by law enforcement, in the disproportionate number of blacks in prison, in a lack of representation in elective office and executive suites and in court decisions upholding restrictions on voting rights.
President Obama should take the lead by appointing a National Commission on Racism to hold hearings around the country, study the problem and make recommendations for action at the federal, state and local level. We can no longer accept a reality where an African-American occupies the Oval Office, yet a young black man can’t walk down the street without being stopped and questioned — merely because he’s black. It sounds harsh to say it, but it’s true. More than anyone else today, black men have much to fear when confronted by white cops.
By: Bill Press, Host, Nationally Syndicated Radio Show, Full Court Press; The National Memo, January 5, 2015
“Justice Must Satisfy The Appearance Of Justice”: The System Must Counteract Prosecutors’ Natural Sympathies For Cops
“Justice must satisfy the appearance of justice,” Felix Frankfurter wrote, in a Supreme Court case 60 years ago.
That edict — a foundation of democracy — has not been observed in some recent high-profile cases in which grand juries have refused to indict police officers for killing unarmed African-Americans. The resulting injury is not just to criminal justice but to the legitimacy of the government itself.
As a former prosecutor let me put this as directly as possible: Blame the prosecutors, not the grand jurors. There is one reason that Daniel Pantaleo is not being charged in the death of Eric Garner. It’s because District Attorney Dan Donovan of Staten Island did not want him to be.
Why not? The cynical point of view is that Donovan was playing to his base. Staten Island is the whitest and most conservative borough in New York. It’s also home for many cops. Maybe Donovan figured he would take heat however the grand jury came out, but the people who would be protesting in the street in the event of no indictment did not include most of his electorate.
But there is a more benign explanation. Maybe Donovan just appreciates that cops have one of the most difficult jobs in the world, and so, he cuts them some slack. It’s a very human reaction.
I speak from whence I know. One reason I became a prosecutor is that I had a number of bad experiences with the police where they racially profiled or just generally disrespected me. I thought I could go in as an undercover brother and change the system from the inside. What happened instead is that the system changed me.
When you work with cops every day you definitely gain more respect for their difficult work. And you need them to help you make your cases (every prosecutor has experienced having a police officer catch an attitude, sometimes in the middle of a trial, and purposely ruin your case because they don’t like you).
And finally policing is like most other employment — a few people do most of the work. So prosecutors see the same cops over and over, and they bond with them. It’s not so much that they excuse egregious misconduct as that they cast a blind eye. Nothing irks a cop more than an elitist prosecutor treating him or her like “some suspect.”
So the problem stems from the culture of the prosecutor’s office, compounded by the fact that, like most lawyers, prosecutors are competitive and ambitious and the way you move ahead is to win your cases, and the way you win cases is get your star witnesses — the cops — to go the extra mile. All that makes it really tough to try to send one of them to prison — even when they have messed up big time, as I believe Pantaleo did when he placed Eric Garner in a banned chokehold.
In a democracy, no one should be above the law. It’s fine for citizens to profoundly respect the men and women who serve as law enforcement officers. But when those people break the law, they must be held accountable just like anyone else. The automatic appointment of special prosecutors in criminal investigations of police is the best way to avoid district attorneys’ natural biases and make sure that justice satisfies the appearance of justice.
By: Paul Butler, Former Prosecutor and a Professor at Georgetown University Law Center; The Opinion Pages, Room for Debate, The New York Times, December 4, 2014
“It’s Not Just Ferguson – It’s All Of America”: The Drift Towards Police As Warrior Cops Instead Of Guardians Of The People
There’s a very good chance that your local police arrest black Americans at a rate more disproportional than in Ferguson, MO, where the police killing of unarmed Michael Brown unleashed decades of anger over police abuse.
The awful truth is that Ferguson Police Department’s nearly 3-to-1 disparity in arresting blacks is well below the norm in many cities and towns, including those far north of the Mason-Dixon Line.
With a grand jury poised to decide any day now whether the white officer who shot Brown six times will be indicted — which seems unlikely — new protests will focus attention on Ferguson. But what we really need is a debate about the role of police, their training and their discretion.
We need to restore the idea of police as guardians. We must bring an end to the changes that libertarian journalist Radley Balko details in his important book Rise of the Warrior Cop: The Militarization of America’s Police Forces
Reporters for USA Today brought to light the disproportionate arrest rates. They analyzed Uniform Crime Report data that local police departments sent to the FBI for 2011 and 2012.
Only 173 of 3,538 police departments arrested blacks at disproportionately low rates, while Ferguson PD and 1,581 other departments arrested blacks at rates significantly higher than their share of the local population.
In big cities like tolerant and cosmopolitan San Francisco and small ones like Duluth, the data reveal arrest rates by race far more troubling than those in Ferguson. In 70 cities from coast to coast, police arrest black people at 10 times the rate of people who are not black.
These numbers help explain the palpable resentment of young black men and the fears of parents.
Disparate arrest rates tell us that the legacy of slavery is far from over, no matter how blind our Supreme Court is with its decisions on voting, procedural rights and executions.
Ferguson is part of a subtle new racist phenomenon, a modern variation on “sundown towns,” which literally posted crude signs telling blacks not to be around after dark.
Back when Ferguson was mostly a white working-class town, the police chained a street leading to a neighboring black community to make a point about who belonged and who was unwelcome. Now Ferguson is mostly black, but its elected leaders and its police force are almost all white.
Today’s tactics of oppression and racial profiling defile our Constitution and waste taxpayer money.
Ezekiel Edwards, who runs the American Civil Liberties Union’s Criminal Law Reform Project, told USA Today, “We shouldn’t continue to see this kind of staggering disparity wherever we look.”
The question to ask ourselves is whether we look at all.
This disparity in arrests occurs even in Rochester, New York, which before the Civil War was among the few places that gave runaway slaves refuge and became the adopted home of the most famous among them, Frederick Douglass, and his abolitionist newspaper The North Star.
Blacks in Rochester were 2.4 times more likely to be arrested than whites in 2011 and 2012, the official data show. The Rochester city rates may reflect an ongoing gang war fueled by drug dealing in the fifth poorest city in America. But what about the surrounding suburbs, where arrest rates were vastly out of proportion?
I live five blocks south of the Rochester city line in the town of Brighton, a community of highly educated people from around the world and known for social consciousness. Brighton arrests black people at 6.4 times their share of the population, more than twice the rate of Ferguson, the Rochester Democrat & Chronicle reported.
One could excuse that by saying, who knew? But that is just an excuse.
The right questions: Why didn’t we know? What public purpose is being served by these arrests? Do the arrests have a solid basis or do they serve to harass? Who was arrested and what for? Are these arrests for serious crimes or petty reasons? How many of these arrests result in convictions? Do these arrests help justify the current size — and expense — of our police force? Do people of color believe the police want them to feel unwelcome?
After that comes the most important question, the one that is needed to move us from thought to action: What will we do about this?
Arrest rates are an indicator, not a diagnosis, of social ills. Reading the comments in several Gannett newspapers (which include USA Today as a separate section), it is clear many people assume a direct correlation between arrests and criminal activity. However, the problem may be not with those arrested, but with the police.
We imbue police officers with enormous discretion, as exhaustively detailed in six years of litigation over the New York Police Department’s stop-and-frisk policy. Former New York City mayor Michael Bloomberg’s administration believed it was reducing crime by detaining young non-white males, though it would never put it quite that way. If such strategies worked, then why didn’t NYPD harass the Wall Street bankers whose white-collar crimes sank the economy six years ago?
Curiously missing from the stop-and-frisk debate was whether it was nothing more than featherbedding; creating needless work to justify the size of the NYPD and its outsized overtime costs.
Eric T. Schneiderman, the state attorney general, issued a report examining 150,000 NYPD arrests from 2009 through 2012. Just one in 33 arrests resulted in a conviction of any kind, and just 1 in 1,000 in a conviction for a violent crime. But processing all those arrests created statistics that the NYPD used to assert that officers were being productive — not to mention earning overtime for end-of-shift collars.
You can examine the NYPD’s own data on stop-and-frisk from 2003 through 2013. In that last year police stopped, questioned, and frisked about 2,200 people per day – more than seven times as many as in 2002.
To get an idea of why so many white Americans see police differently from so many black Americans, read this very interesting and simple matrix showing differences in arrest rates between an area near New York University and a poor neighborhood near Yankee Stadium.
Current New York City mayor Bill de Blasio settled the case in January 2014 with a promise to stop the excessive use of stop-and-frisk.
Favoritism by police is not always racial. It can by favoritism for celebrities, as we’ve seen in the recent New York Times exposés of apparently criminal conduct by college and National Football League players who assaulted women, mistreated children and fled traffic accidents they caused. The victims discovered that the police were indeed guardians – of the offenders.
Abundant signs exist that police across America tend to treat those not privileged with white skin – and affluence – with greater suspicion.
How else to explain the story a worried Rochester executive tells? Several times a month his adult son, who works into the night, gets pulled over on the way home. As best the family can tell, some cops see reasonable cause for a stop in these facts: young black male in expensive new car driving alone after midnight.
How, other than racism, to explain a daytime traffic stop on Sunset Boulevard in which a middle-aged black man in a Rolls Royce, his daughters in the back seat, was ordered out at gunpoint? Without permission, officers ransacked his leather satchel until they found something that caused them fear and alarm – a badge identifying the driver as No. 3 in the Los Angeles County district attorney’s office.
Most white Americans have never had a cop pull them over for no reason except that they seemed out of place, as the late Johnny Cochran did in 1979. I have. In Beverly Hills and in Longport, NJ, officers whose initial demeanor was hostile pulled me over in broad daylight. The basis of their suspicions? My Toyota Corolla, its paint dulled by the years, looked out of place in towns whose residents drive luxury cars.
Police who instill fear are not police who catch bad guys, because it is citizens informing the police who solve crimes. Police who see “black skin” and “criminal” as synonymous need to be fired. And the burden for addressing these problems should fall squarely where it belongs – on the white majority whose values, and blindness, allow the drift towards police as warrior cops instead of guardians of the people.
By: David Cay Johnston, The National Memo, November 20, 2014
“Color-Blind Or Blinded By Race?”: Steve King Speaks Volumes About Conservative Claims Of Being “Color-Blind”
As events continue to unfold in Ferguson, some very telling reactions are emerging. One of particular importance (via Kyle Mantyla of Right Wing Watch) is from the uninhibited Rep. Steve King of Iowa, which speaks volumes about conservative claims of being “color-blind:”
Rep. Steve King appeared on Newsmax TV yesterday, where host J.D. Hayworth asked him about the rising tensions in Ferguson, Missouri and the call by members of the Congressional Black Caucus for the Department of Justice to conduct an independent investigation because of concerns about a history of racial profiling by the local police department.
King, of course, saw no need for such an investigation, claiming that these members of the CBC are basically “saying don’t enforce the law,” linking the issue to the sporadic looting and vandalism that has taken place by asserting that there is no need to racially profile those responsible for those actions because they are all black.
“This idea of no racial profiling,” King said, “I’ve seen the video. It looks to me like you don’t need to bother with that particular factor because they all appear to be of a single origin, I should say, a continental origin might be the way to phrase that.”
And here’s the inevitable kicker:
“I just reject race-based politics, identity politics” King concluded. “I think we’re all God’s children. We all should be held to the same standards and the same level of behavior.”
So if certain of “God’s children” happen to be prone to behaviors that annoy people like King, then they’re getting what’s coming to them, right? Race has nothing to do with it.
Before anyone objects to me singling out Steve King as an isolated crank, let’s remember this man is vastly influential in the U.S. House of Representatives and the nationally powerful Iowa Republican Party. Would-be presidents regularly and eagerly seek him out and figuratively kiss his ring. I’d love to hear Rand Paul–you know, the Republican leader engaged in all that wonderful African-American “outreach”–asked about King’s comments on Ferguson.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, August 14, 2014
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