Corolinth wrote:
You raise a compelling point about the need for realistic expectations of police reform. You're never going to get to zero police shootings, without a degree of "people reform" that, quite frankly, we're all uncomfortable with. The use of force, or the threat of force, is an important negotiating tool. Though I'm philosophically opposed to the death penalty, for instance, it has a valid purpose. There needs to be an answer to, "What are you gonna do about it?" Maximum application of force is not a suitable answer to all problems, however, as it removes the incentive for the other party to de-escalate. When there are a range of possible punishments available, fewer criminals murder their victims. Some criminals still do murder their victims, though, and the police do need to be ready and willing to go all the way there if that's what's about to go down.
This is all quite true.
Quote:
The issue that a lot of police interactions run into is that some percentage of black Americans have the notion that the police are racists who are out to kill them. We can debate whether cops are racist and to what degree until we're blue in the face, and that doesn't matter. What matters is a statistically significant portion of blacks believes this. That's the obstacle to overcome. Law and order types who do not accept this fundamental fact will never make any headway. All the police reform in the world is meaningless if the community doesn't acknowledge that reform is happening.
This is also true, but I think it extends beyond that. If it were simply a matter of addressing concerns common to black Americans, implementing reforms, and coming to mutual understanding this would be sufficient to acknowledge. However, I do not think that the perception of black Americans is something that can be controlled by police reform, for two reasons:
1) The belief in "Racism" is an easy escape from personal accountability. "It's not my fault because..." is one of the most corrosively tempting thoughts there is, and when you have an entire wing of society telling you it's not your fault, it's because of the racists (and not only on the subject of police) its very hard to give that up. There has been immense practical progress on rights and equality for minorities; there have been endless different approaches to police reform in the last 60 years; in the 1980s the cry was that insufficiently vigorous enforcement was racism. No effort results in any reduction in the claims of bias, racism, and mistreatment - because if those claims lessened, some other very hard truths must be confronted.
2) Keeping minorities fearful of police and of racism in general is a priority for the left. Progress is not the goal; if the other side is not the slavering monster of racism, it cannot be used as a reason to frighten people into voting for you. If progress MUST be made, the goal is to ensure that the left gets all credit for it; Tim Scott's bill for example could not get serious consideration because the idea of police reform championed by a Black Republican is a far more terrifying prospect to the left than rioting and burning in any city. This is why there is so much effort in trying to show "unconscious bias" and the like - it solves the problem of Black police officers; who can then be tarred implicitly as "racists" and part of the problem as well rather than the ugly truth that we wouldn't have so many black cops in a racist nation.
Basically, you are right about the perception of black Americans - but unless efforts to address these problems start to be taken in good faith, there will not be progress. The goalposts will never stay still. This is not a matter of everyday Black Americans being unwilling to be reasonable about this; it is a matter of people whose personal identity, source of livelihood, or both are caught up in a civil rights movement that can never end, and never even make meaningful progress, but can also never be abandoned. It is Forever War for sociology and grievance studies majors.
Quote:
Training, which you touched on, is another big issue. In addition to training is officer evaluation. There are some people who are simply unfit to be police officers. How many officers like this exist is something of an open question. It is undoubtedly fewer than the general public thinks, as police interactions are generally negative to begin with. Previously, my sense was that most officers denied the existence of glorified bullies using the badge as a shield to hide behind while they brutalized their fellow man. The most significant thing I've seen recently has been the number of police officers who, when faced with this abuse of the badge and uniform, have expressed genuine outrage. This is promising, but until police departments start tossing these guys out on their asses, convincing the public they're reforming isn't going to be possible.
One of the changes that will have to occur is that police unions will have to be overhauled, and possibly abolished. However, it isn't fair to the police to treat them as if they are uniquely bad in this way. Teachers have the same problem. It is a harrowing experience for a school principal to try to fire a teacher that gets caught diddling children. The extent to which the union bureaucracy defends bad actors boggles the mind. This is going to be a hard pill for the left to swallow, because they love unions about as much as the right loves churches.
I agree with this. I would say, though, that it goes both ways - just as it does for teachers; I would have made the same comparison. Teachers need a mechanism and an advocate for them against unfounded and unfair complaints from students and parents alike. Many teachers are terrible and should be fired - I know. I went to school. I am very reluctant to cut my children's school district or teachers ANY slack on anything as they have repeatedly demonstrated significant incompetence at basic administration. However, I have also seen other parents and I am no more impressed with them than I am with the school. If allegations are made, the teacher deserves due process, and the allegations and claims of those making them ought to be very closely scrutinized.
The same applies to the police. People in this country understand well that, when in legal trouble, showing impropriety by authorities - police misconduct, violations of rights, failure to afford due process, coercion, etc. - is a potential way to escape or at least mitigate the legal consequences. There is a very strong incentive to make allegations of misconduct. I am generally in favor of abolishing unions as they exist in this country, and I despise teacher's unions. However, both police and teachers I believe than need some other recourse so that they cannot be fired simply to appease the mob. One form of police misconduct that gets little attention is how easy it is (especially in small departments) for command staff to escape responsibility for their own policies, procedures, training, etc. (and ample failures in those areas) by simply throwing some budding LEO to the goats. It ought to, for example, raise our eyebrows that 2 of the officers in the George Floyd case are charged having been on the job for 4 days, because of the actions of an officer with 19 years on the job (not that they are 100% in the clear, but rather that what charges they are facing and why definitely deserves considerable scrutiny.)
I may not be making this especially clear, but this is something very different between law enforcement and the military. In the military, trying to place blame on your subordinates is a quick route to failure, and possibly relief from command. If you've ever watch Jocko Willink's TEDx talk, it explains what I mean. In law enforcement, this mentality is sadly far from pervasive. Since I no longer do actual enforcement myself, and don't carry a badge or a gun anymore, but DO work in a civilian capacity, I see this regularly - supervisors do not take responsibility for their agents in the way NCOs would take responsibility for their Soldiers, and it is really pretty appalling based on how much less a Sergeant gets paid compared to a GS-13. I think this issue is very heavily overlooked in public debate - there is far too much concern about the officer on the street, and until a report like the Ferguson one comes, underlying causes are not addressed because it is far too easy for bosses - uniformed and political - to escape scrutiny.
Quote:
You bring up a valid point about the need to stop regarding possessing a gun as a crime in and of itself (and the escalation that attitude invariably leads to), but that is an argument that cuts both ways. We need police to cease this fantasy that they are in life-threatening danger every moment they're on the job (Portland and Seattle notwithstanding - those police officers should have traded their rubber bullets for live ammunition back in June). There are aspects of policing that are dangerous, but we had, until recently, a declining trend in violent crime. This notion that they're in danger all of the time is causing a lot of these tragic deaths that we're bombarded with in the news. In this, I do not think we are actually raising different arguments. Your point about viewing possession of a gun as a crime unto itself causing escalation implies that you think we have primed many of our officers to go weapons-hot too quickly. There is likely another complicating factor as well, which is officers running into the same type of knucklehead over and over again - almost like everyone they encounter is the same person, just with a different name and face. This has to cause frustration and demoralization, which could be impacting the officers' decision-making. It may be that police should be required to rotate duties every so often, and take a one-year break from certain job functions.
I would tend to broadly agree with this, although I do not think that most police believe they are in mortal danger at all times, precisely. It is more a matter of going into unknown situations with imperfect or inaccurate information, and having been trained to anticipate the worst-case scenario. That is the point where the "mortal danger" thinking actually kicks in. (This is explicitly in current training models of how to conduct patrol).
I believe that what needs to change is that training needs to focus less on "what if it's the worst case scenario" into "how do I know if it really IS the worst case, and if not, what level of danger am I REALLY in?" and then training more appropriate reactions. This is actually pretty hard to do; we do not want to train complacency either. I focus on guns because my perception is that while lawful weapon possession has become far more normal than it was even 30 years ago, techniques for dealing with it still treat it as though it is of borderline legality (actually, we tend to treat even gun
ownership that way). I think that treating guns and other weapons the same as cars would be the right target - a car can be very dangerous, but the reality is that almost no one who a cop stops will attempt to run him over.
As to the job stress, and the formation of bad habits, I would not dismiss the idea of rotating duties but I think some research would be needed on what that should look like for greatest effectiveness.
Quote:
We also need to be more fair to police officers in what we expect of them. I think one of the problems is that we have too many laws and crimes for the number of police we actually have. More police isn't the answer. I think we need fewer laws and crimes. Police should not "have options" as far as charging people with crimes. That leads to asymmetric enforcement of law, which causes all kinds of societal problems. As much as it sucks to get a speeding ticket, and as awesome as it is to get off with a warning, if everybody gets that ticket, it's fair. Every jurisdiction, from federal on down to municipal, has laws on the books specifically to allow police to charge people with something in lieu of evidence of the crime they want to prosecute. Basically, to enable the police to send Al Capone to prison on tax evasion since they couldn't catch him on any of the actual gangster **** he was doing. (And on that note, ending Prohibition would have also ended Capone's empire.) The big offender here is obvious, but I think there are more opportunities to improve our body of law than just the drug war.
I'm not aware of any laws that are
specifically on the books to allow someone to be charged when another charge can't be brought, except in the UCMJ where there are 2: The General Article (134) and Conduct Unbecoming An Officer And A Gentleman (133) which does not apply to enlisted personnel. Neither of these would be even slightly Constitutional in civilian life.
I do agree, though, that there are a lot of laws that can and do have that
effect. As for tickets, I don't think that would quite work out; the police would simply not detect offenses they don't want to give tickets for. That might be a good thing, though; fewer breaks might mean better driving and it would cut down the perception of "driving while black" stops. I hate hearing that; it does happen, but it's rare that you get a good look at a driver before stopping them and almost never after dark. This is another of those behaviors that reform must be accompanied by abandoning the assumption of bad faith on the other end - if everyone gets a ticket when stopped now, there's no more "Driving While Black" excuse. He wrote what offense you committed on the ticket and you can take him to court, so put up or shut up.
Quote:
On people reform, there's something to be said for bringing back a certain level of violence. I watched a clip from one of the Atlanta riots where a white teenager hit the windshield of a police car with his skateboard. Out pops this brick wall of a black man to provide that boy the loving discipline his parents were too pussified to give him. Seeing some of these videos, and hearing the vile **** coming out of these rioters' mouths, usually white rioters spouting off racial slurs at black police officers, I'm really coming around to the argument that we have a generation of adults who don't know what an ass-whoopin' is.
I'm reluctant to endorse a generalized "level of violence", but I would suggest that if we are going to have a generally lower level of police engagement in life, then we need to provide citizens with greater legal latitude to protect themselves, their families, and property.
One thing I would suggest is that, if there is a riot, summoning the National Guard and having the Sheriff call able-bodied adults to come armed and ready to serve as militia should be REQUIRED - and allowing the riot or insurrection to persist should be treated as dereliction of duty by the authorities in that area.