RangerDave wrote:
Diamondeye wrote:
Of the incidents I've looked at so far, maybe 10-15% looked like they would have a chance of standing up to an impartial investigation.
Using what standard of reasonable / appropriate force, though DE? I agree that by current police use-of-force protocols, most of the incidents probably are legitimate, but my objection is to those protocols themselves.
Using the current standard. That is the standard they must be judged by. You cannot just say "well, yeah, they're perfectly fine by present standards, but by some other undefined standard that isn't currently in use they wouldn't be ok therefore they aren't".
Also, don't use the word "protocols". That's hollywoodish. Hollywood loves to call anything sinister that its fake police and military do a "protocol". No one talks like that in real life.
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As we've discussed before, there's been a steady SWATification of police tactics and attitudes from the 60s onward, prompted, I believe, by the mass protests of the 60s, followed by the crime and urban decay of the 70s, the drug wars of the 80s and 90s, to some extent the WTO nonsense in the 90s, and now the post-9/11 security culture.
This really doesn't make any sense. SWAT is for entering buildings. Riot police tactics have absolutely nothing to do with any supposed "SWAT-ification". To the degree that any such change has taken place in building-entry tactics, it has been driven by the War on Drugs (which is definitely a mistaken approach to drug problems, but a sidebar at this point) and it has been counterbalanced by the advent of the concept of Community Policing, which is utterly ignored by those looking for a reason to complain about police tactics, and by the press in favor of the glamor and saleability of creating a stink over tactics developed to deal with heavily-armed drug dealers.
Neither one has the first thing to do with riot tactics. Moreover, what is and isn't reasonable force is ultimately dictated by the courts in cases such as
Graham v. Connor, not by developments in police tactics.
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Regarding the use of less/non-lethal weapons in particular, I read an interesting article the other day (can't find it now, but will link it if I do) noting a study that showed cops who carry pepper spray and/or tasers are significantly more likely to use force (usually, but not always, including the use of said pepper spray and/or tasers) than cops who don't carry them.
What do you mean by "use force"? Significantly more likely than what? The only way this conclusion can be reached is if pepper spray and TASERS are "using force" but open hand techniques are.. not. Use of force includes everything from pressure points to lethal force, and trying to limit the definition to the narrow band of pepper spray and TASERs tells me right off the bat that the article is either written by someone ignorant or is trying to create a certain impression with misuse of terminology.
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Some hypothesized reasons for that difference (some in the article; some my own) are (i) department standards that permit the use of the spray/taser as a compliance tool against suspects that are refusing commands or passively resisting; (ii) the "every problem looks like a nail to a man holding a hammer" phenomenon; (iii) officers' belief that the spray/taser was preferable to hands-on tactics because of the lower risk of injury to both the subject and the officer; and (iv) the lower risk and decreased effort for the officer compared to hands-on tactics eliminated a natural check on the officers' use of force.
So? There's nothing wrong with any of those reasons for the use of TASERs or pepper spray except the "every problem looking like a nail" one, which is blatantly preposterous. These same officers carry batons, their hands, and of course, guns as well, so their only tool is quite clearly NOT a "hammer" (TASER/spray). By that logic, they should just be shooting everyone.
The fact is that passive resistance is resistance, and is a valid reason to use force. It is not ok to resist arrest because you're being nice about it. While it is not acceptable to pepper spray someone right off the bat for passive resistance (and you will find NO use of force policy that allows that, and the fact that this article asserts that they do instantly calls its credibility into question, it IS acceptable to pepper spray a passive resister after other means have failed.
What's really appalling in the case of OWS, is that OWS knows this. Therefore they engage in some passive resistance that looks "peaceful" on camera, and get sprayed. Never mind that they were violating the law, obstructing people from using the sidewalk, blocking businesses, or shitting all over the place or whatever (there are far too many incidences to address each) wait until they get pepper sprayed, and VIOLA! Intant YouTube propaganda!. All that time that they were resisting will never make it onto YouTube, only the 45 seconds or so of pepper spray will. Then they'll talk about how they're "peaceful", totally disregarding the fact that they were still breaking the law. Simply being a peaceful protest does not mean you can do anything you want. Shoplifters are "non-violent" criminals; that does not mean its ok to shoplift.
[quote[The upshot of all that is that for many/most police departments today, the standard operating procedure is to use pepper spray and/or tasers (not to mention paramilitary home incursions for drug warrants!) in situations that likely wouldn't have resulted in such use 10 or 20 years ago; and much of the general public isn't comfortable with that.[/quote]
A) The farther back in time you go the less available TASERs and spray were. Clearly, they would be used less
B) The paramilitary nature of the tactics used in drug raids and hostage situations is both irrelevant to the current issue, and a non-issue in itself. They will go away when politicians stop demanding the police enforce a "war on drugs" that demands them. They are not remotely germane to riot tactics
C) So what if they wouldn't have been used in the past? In many of those cases in the past, the result would have been an ass-beating rather than TASERing or pepper spray.
D) The public is not allowed, and should not be allowed, a direct say in what is and isn't reasonable use of force. The public is, for the most part, utterly incompetent to decide such matters. That is why we have courts. The only say of the public should be in electing the officials that appoint the judges that decide such matters.
The public regularly decides something is "excessive" based on emotion, bigotry, and irrelevancy. I suspect strongly that if you showed the same use of force in the same situation you would receive different average public reaction based on whether the subject was white or blac, and whether the officer was white or black, to say nothing of other factors.
The courts have ruled that such matters must be taken from the perspective of a reasonable police officer, not just any person, and must take into account that the officer must make decisions based on limited information in an extremely limited timeframe. The public wants to be able to sit at home and look at a YouTube video taken from a totally different perspective than the officer's , when they are in no danger of being shot, stabbed, hit, or bitten, replay it over and over and discuss how "oh but X happened at 00:45 into the video!" and expect the officer to have made his decisions as if he were in that comfortable detached situation and not to disagree with their emotional impressions and predjudices.
That's why people get so up in arms when you call a video into question. The public thinks video shows everything and makes the observer an infalliable judge. The public is a bunch of hypocrites.