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Law and Justice in Real Time police brutality

Public Perceptions of Police Brutality in Post-Slavery America

On the surface, incidences of police brutality may appear to be nothing more than trigger-happy and power hungry cops who give a bad reputation to an otherwise ethical and moral police force. In many respects, this statement is true. A few rotten apples often affect attitudes towards the entire barrel, yet many police officers care about their communities, want to do some good in those communities, and hold human life to the utmost importance. It is important to recognize, however, the racist and discriminatory tendencies riddled throughout the criminal justice system and substantiated in our law enforcement across the nation. Such tendencies are embedded in the United States from a long history of genocide, enslavement, and segregation committed by our ancestors and still felt to this day by those it affected. Racism, prejudice, and discrimination is still alive and well in a nation where we would love to forget about it. Unfortunately for them, it is perpetuated every day from media outlets portraying stereotypes of minorities, to our court system where minorities face discrimination at nearly every level of the court process including the prosecutor’s decision whether to charge and the sentence issued by the judge. The severe beating of Rodney King in 1991 by police officers in LA and the resulting LA riots would set into a motion a series of events that brought race to the forefront of the conversation regarding police brutality and misuse of force.

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Police brutality is defined as using “excessive physical force or verbal assault” in the pursuance of a crime or the apprehension of an offender (1). Where deadly use of force crosses the line to police brutality is when the use of force exceeds that which is necessary to create a calm and safe environment. According to the Washington Post as of May 30th, 2015, there have been 385 fatal police shootings in so far in 2015 (2). Of those 385 victims, 27% were Black despite Blacks only representing around 14% of the total U.S. population (2). Whites, on the other hand, accounted for 46% of the victims while they represent around 63% of the total U.S. population (2). Blacks are, therefore, overrepresented as victims of fatal police shootings while Whites are underrepresented as victims of fatal police shootings. Furthermore, of the 62 victims who were unarmed when fatally shot, 66% of them were either Black or Hispanic (2). The more publicized incidences of police brutality and misuse of force have sparked a massive response from the public which has resulted in the formation of activist movements such as Black Lives Matter. These movements have made a huge impact on society’s understanding of why Blacks are disproportionately victimized by excessive use of force.

At the heart of the issue is underlying ideas of race including stereotypes we attribute to certain races that affect how we perceive the entirety of the group. Aggression and violence is typically applied to Blacks and is further perpetuated by media outlets such as music and television. Typical portrayals of African Americans as gangsters, drug dealers, and pimps as well as lyrics in rap and hip-hop music that promote violence contributes to society’s behaviors and attitudes towards Blacks. Such stereotypes culminate into the view of Blacks as the prototypical criminal (3). It is no wonder, then, that disproportionate numbers of Blacks are fatally shot by police as there is a greater perceived imminent threat regardless of whether they are armed with a weapon or not. Furthermore, the concept of “negro-phobia” is used to describe the fear of Blacks, specifically the fear of being victimized by Blacks (3). Tamir Rice serves as a prime example of negro-phobia.

Warning: May be graphic for some viewers.

  • How does the Cleveland Police Department’s response to Tamir Rice after the 9-1-1 call reflect ideas of negro-phobia? Do you believe they were justified in their use of force? How could they have handled the situation differently, if at all, to avoid fatally shooting Tamir Rice?
  • Where did these stereotypes of Blacks come from? Where did they originate from in United States history?

Several theories are utilized to explain perceptions of race and police brutality. Social Dominance Theory posits that Whites are the dominant group and, therefore, do not consider police brutality as serious when it disproportionately affects subordinate groups such as Blacks and Hispanics. Whites, then, tend to justify excessive use of force against Blacks, stating that they deserve harsh treatment because they shouldn’t resist arrest, shouldn’t wear “thug” or “gangster” clothes, and shouldn’t partake in drugs. Studies have reflected this theory, as 38% of Whites and 89% of Blacks view the criminal justice system as biased against Blacks, whereas 8% of Blacks and 56% of Whites saw the criminal justice system as treating Blacks fairly. What results is rewards such as promotions, rather than punishments, being given to police officers who commit these acts. Police officers are also exceedingly found not guilty of their charges if taken to court and acquitted with little to no hesitance despite strong evidence such as camcorder footage, witness testimony, and expert analysis being present. Eric Garner’s case involves the acquittal of a police officer charged with the murder of Garner despite overwhelming evidence at odds with the acquittal.

Warning: May be graphic for some viewers (fast-forward to 4:32 to arrive at the onset of the altercation although commentary at the beginning is important).

  • Should Pantaleo, the NYPD police officer who applied the rear naked chokehold, have been found guilty? If so, what charge would you have given to him and why? If not, why do you believe it was the right decision for Pantaleo to be acquitted?

Social Impact Theory, on the other hand, studies situational factors that can augment attitudes towards misuse of force. Specifically, the number of shots fired and the number of officers present are tested to see if they have a positive or negative effect on perceptions of excessive use of force. Results showed that as the number of officers decreased and the number of shots increased, perceptions of excessive use of force were augmented (3) The Amadou Diallo and Michael Brown shootings are cases in which a high number of shots were fired with relatively few officers present at the crime scene.

  • Which theory do you believe affects society’s perceptions of police brutality the most? What other theories/factors play a role?

As mentioned previously, not all police officers are bad and a very small portion of police officers are making headlines for excessive use of force. Law enforcement should be commended for their duty to protect and serve their communities in an ethical and moral manner. Racism and discrimination embedded in the criminal justice system, however, should not be ignored and thought of as nonexistent.

References:

(1) Chaney, C., & Robertson, R. V. (2013). “Racism and Police Brutality in America.” Journal of African American Studies. 17(3): 480-505. Online.

(2) Kindy, K. (2015). “Fatal police shootings in 2015 approaching 400 nationwide.” Washington Post. Online.

(3) Perkins, J. E., & Bourgeois, M. J. (2006). “Perceptions of Police Use of Deadly Force.” Journal of Applied Social Psychology. 36(1):161-177. Online.

The Increasing Militarization of America’s Police Forces: Form of Oppression or a Protection for Society?

In the year 1997, two heavily armed men entered a Southern California bank and began their reign of terror. Armed with automatic weapons, body armor, and ski masks, the two individuals forced their way into the bank and created a chaotic scene in order to get their money. As Los Angeles Police Officers responded, many of them were outgunned as they didn’t have the proper resistance (weaponry) to take on the suspects at large and protect the civilians around them (Orlov, 2012). With responding patrol officers only armed with semi-automatic rifles and 12 gauge shotguns, they were for a long time losing the battle that ended in dozens of officers and civilians injured. From this day that put all of North Hollywood, California in panic mode, police departments started providing semi-automatic rifles (M-16’s) to patrol officers, as well as increasing their use of Special Weapons and Tactics Teams (SWAT) (Orlov, 2012). This sense of ramping up increases in military like models has somewhat divided the country regarding whether to militarize our nations police forces or to demilitarize them. Some argue that equipping police across the country with military graded equipment leads to a totalitarian state with too much power and control of the government/ authorities, while others argue that equipping our police force with whatever they need is essential for the safety and protection of our communities; especially faced with an ever changing threat from those who wish to cause harm to civilians. Despite the appropriate increase of militarization to the combat criminals who pose as lot of risk, paramilitary group been seen to cause a lot of harm with their aggressive tactics; often leading to frustration within the community they are meant to serve. Thus, the militarization of police should not be used immediately, but rather only be used in dire situations.

Ever since the Drug War era and the War on Terror, America’s law enforcement agencies have ramped up militaristic approaches and have led to a warrior ethos philosophy for officers. With a moral panic spreading across cities looking to put a stop to the selling and use of illicit drugs, the government stepped up its funding towards law enforcement hoping to create a deterrence. With many of these law enforcement agencies stepping up its presence in communities across the country, they created more specialized units; trained to handle the problems with strict guidelines of power and enforcement. The Drug Enforcement Agency and many other federal and local agencies put more funding and focus towards units that would rely on a forceful tactic of element and surprise to counter-act crimes (mostly dealing with drug offenses). These specialized unites (SWAT) would often force their way into homes (with body armor, assault rifles, flash-bangs, and a determined mindset to ravage these houses) of suspected drug users and dealers. More communities across the country (mostly poor minority communities) are experiencing heavily armed SWAT teams raiding people’s homes in the middle of the night, often just to search for drugs (ACLU). These police officer’s mindsets of a warrior mentality are often linked with the governments philosophy of “tough on crime.” However, for a lot of these cases the offender didn’t even present a violent offense. Last year (nationwide) police arrested 1.6 million nonviolent drug offenders (Stamper, 2011).  Some of these non-violent drug offenders were taken into custody from SWAT teams assaulting their homes. The mere fact that these people presented no danger (based on intelligence gathering) make these dramatic invasions of the home unnecessary, as well as creates a traumatic experience for the people inside. In very shocking cases of SWAT team raids gone wrong, communities see that wrong houses are hit, as well as innocent people and family pets are shot and killed by the police raiding the homes. (Stamper, 2015). Problems like these where you have non violent offenders facing up against heavily armed men breaking down their doors, along with innocent people/pets getting killed creates an image of a public-safety institution (the authorities/police) at war with it’s own people.

The year 1997 also brought along an updated program, known as the 1033 program (created under the National Defense Authorization Act). This program essentially allowed for the United States Department of Defense to transfer military-grade gear to civilian law enforcement agencies across the country because of the Iraq and Afghanistan war winding down. Through this program, agencies (including ferguson-area authorities) were able to acquire heavy body armor, semi-automatic rifles, armored vehicles (MRAPS and BearCats), grenade launchers, riot gear, tear gas, wet weather gear, and blankets (Fox & Cook, 2014). Through this increase in military style equipment, law enforcement agencies starting using them on a daily basis in order to maintain law and order on city streets. Even though officers use a lot of the equipment for their own safety (officer safety), they have been seen to use it incorrectly and inappropriately. As the Ferguson events were unfolding, the whole area had been on high alert which prompted authorities to shown in force. However, the only problem was many of the protests at the beginning were peaceful and really only needed a uniformed police presence (without the military gear and warrior mindset) to monitor their constitutional rights of free speech, as well as the right to assemble peacefully. After this chaotic scene of what seemed like the people vs. the police, the Department of Justice released their report on the Ferguson Police Department. The DOJ expressed that the police agency had handled the situation in the wrong manner (Reilly, 2015). They described that scene where police snipers were on top of armored vehicles, pointing their weapons at the crowds of peaceful protesters (Reilly, 2015). Many in the community saw these officers as attempting to intimidate and threaten the public they are meant to serve (Reilly, 2015). It’s very hard to understand that the men and women who swore to protect and serve are the same one’s seen on images and video’s already in confrontational tactical positions, as if they are ready to strike protesters (who want to freely express their opinions so that society can advance) at a moments notice. Police are meant to diffuse situations and have taken on the role of solving problems that get in the way of peace. However, recently in our history we have seen those in police uniforms escalating confrontations with their equipment, tactics, and demeanor (Baker, 2011). By playing the role of a warrior in the streets, it really hinders the chance to build ties with the communities they are meant to serve.

America’s law enforcement agencies have such an essential role in protecting and serving the people of the United States. Along with their role of making sure communities feel safe, they are also meant to facilitate protesters who have the right to the freedom of speech, and to assemble peacefully (Library of Congress). However, recently we have seen an increase of the militarization of our police departments, that have infringed people’s rights and civil liberties (especially those who are protesting). When you have peaceful protesters lined up, the officers job should be to dress in non-riot gear, but should instead have it in their cars on hand (in case things get out of hand and escalate). The image of officers lined up in heavy gear with assault rifles presents an extreme intimidation (especially to the majority of protesters who are there peacefully) and causes an escalation of the protests to become violent. Even though officers claim that the paramilitary style tactics and military model help with deterrence and officer safety, it doesn’t help with building community ties; especially when those paramilitary groups seem to be up against the majority of the community. This is not to say that we shouldn’t have paramilitary groups (heavily armed officers) since those special units are needed for emergencies. The men and women who are placed into these specialized groups should be trained well to balance stability and order, along with respecting the rights of individuals. These paramilitary groups should be used as the last resort (when situations escalate) so that the community knows police diplomacy was tried; but failed.

  1. At what point in situations do police need to resort to militaristic approaches? Should tear gas and rubber bullets be used to disperse crowds?
  2. From the events of Ferguson, do you think the police in the area infringed upon the masses civil liberties and constitutional rights?
  3. How does a police officer balance officer safety while not infringing upon individual’s civil liberties and individual’s rights?
  4. At what point does an assembly of protesters become unlawful? Do police departments have too much discretion at declaring an unlawful assembly?
  5. Do you think the police are seen as more of oppressors or people looking out for public safety?
  6. After thinking about Ferguson, Occupy Wall Street, and other movements, should police departments keep military gear/ vehicles on hand? Should this military gear be made visible to act as a deterrent to those wanting to cause harm? Do you think we should have the 1033 program still in place (considering police agencies get the proper training)?
  7. Do you think America’s police force (local, state, and federal) has the most militaristic approach towards crime compared to other countries?
  8. Do you think there is any situation where you believe the militarization of police should be used immediately; as an immediate force of action (EX- Martial Law)?

Sources:

http://www.huffingtonpost.com/2015/06/30/ferguson-protests-police-response_n_7698548.html

http://www.dailynews.com/general-news/20120227/north-hollywood-shootout-15-years-later

http://www.nytimes.com/2011/12/04/sunday-review/have-american-police-become-militarized.html

http://www.thenation.com/article/paramilitary-policing-seattle-occupy-wall-street/

http://www.loc.gov/law/help/peaceful-assembly/us.php

https://www.aclu.org/issues/criminal-law-reform/reforming-police-practices/police-militarization

http://www.usnews.com/news/articles/2014/09/17/pentagon-1033-program-sends-surplus-military-gear-to-us-borders

https://s-media-cache-ak0.pinimg.com/236x/4f/77/22/4f7722ee1d6cf8afd9477356d5daf2f4.jpg

http://blackbarth.com/wp-content/uploads/2015/08/militarization-of-police.jpeg

http://www.motorcycleprofilingproject.com/wp-content/uploads/2015/08/police-militarization-585×350.jpg

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Black Women’s Lives Matter Too: the challenges of violence African American women face in home and in society

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Being a woman of color in the United States is a challenging position for the fact that not only do these women experience racial discrimination by society but discrimination for their gender as a female. African American women make up eight percent of the U.S. population, yet they are over represented in American jails and prisons as well as over resented in statistics of violence and abuse.

As we know, racism is the systematic discrimination of those outside the majority group believing that they are less than the majority due to certain characteristics. Sexism is the systematic discrimination of women based on their sex. Mix the two together and being an African American woman in American culture results in unreasonable amounts of harm, which we can evidently see today.

Earlier this year in June [2015] a video taken in McKinney, Texas of a police officer using excessive and inappropriate force on a fifteen year African American girl at a pool party went viral. In the video you hear the young girl crying for her mother and her begging him to “leave her alone”. What started all this was when a group of African American youths at a pool party were being called degrading terms by the white adults who were using the pool that day too. After much defense from several of the African American girls, an older white woman smacked one of the girls and the police were called to the scene. What happens when the McKinney Police respond can be seen in this uncensored video:

[http://www.attn.com/stories/1939/mckinney-pool-party-officer-casebolt-resigns]

As it can be seen, Officer Casebolt makes all the African American males drop to the ground with their hands in the air or out where he can see them, even to those who talked back to the officer. He then proceeds to fulfill his ego by using excessive and inappropriate force on a fifteen year old girl in her bikini. As it can be seen in the video, she is standing there and he grabs her, throws her to the ground, pulls a out his gun, and victoriously mounts her with his knee. Did he use that kind of force on the males who based on their height, age, and weight in comparison to the fifteen year old girl would clearly oppose a more serious threat? No. He dominated her because he could. By doing so he showed her and everyone his power, just to fulfill the image of masculinity and as the superior race.

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[http://thesexysinglemommy.net/wp-content/uploads/2015/05/black-women-lives-matter.jpg]

The term violence toward women is fairly broad. What comes to mind for most people is sexual violence and assault, which is a fairly large aspect to the concept, but violence toward women can physical, verbal, emotional, psychological—anything that is meant to degrade a woman and make her feel less than a man just to hype up his ego and feel powerful is a form of violence toward women. The National Crime Victimization Survey (NCVS) reported that more than a third of the African American women report cases of violence at some point in their life. In the book, “Arrested Justice: Black Women, Violence, and America’s Prison Nation” by Beth E. Riche (2012), it displays the issue of violence toward African American women where we are not only seeing excessive force and borderline sexual assaults by police officers on these women but we see a large numbers of domestic violence/ intimate partner violence (DV/IPV) cases reported by African American women. It is reported that the second leading cause of death for African American women, ages fifteen to thirty-five, is homicide by an intimate partner (25-26). Time magazine mentions that African American women are an easy target for discrimination due to their racial status and gender. What makes them more susceptible for intimate partner violence is the fact that on average African American women make less money than white men and women, and African American men leading them to sometimes stay in bad relationship for financial stability and providing them with a sense of inferiority. And for those who do seek help, some are not granted the help they need. According to the ACLU, it was noticed that a high number of DV/IPV cases went reported in Detroit but not a thing was done by the  Detroit Police Department to help the victims; most of which were African American women. The complete lack of care the police have for cases of DV/IPV, especially when an African American woman is involved, is saddening. This theory is even further cemented in another case presented by the ACLU from Pennsylvania where an African American woman by the name of Lakisha Briggs was mandated an eviction notice by the police because her case of “domestic violence” was a best fit for a “public nuisance”. She was even stabbed by her intimate partner! If the police, the protectors of the people and followers of the law, cannot value the importance of violence toward women regardless of their race, it is impossible to see change and a better future for African American women and women everywhere.


Question Concerning Violence toward African American Women:

  1. What makes African American women more susceptible to discrimination by police? What threat do they pose? Is it a race thing, a gender thing, or both?
  2. Why do men use violence against women in general? What are the motives? Why do African American women experience such high levels of violence in comparison to their white counter parts?
  3. Do you think race plays into whether police respond to DV/IPV cases?

 

Sources:

Jones, F. (2014, September 10). Why Black Women Struggle More With Domestic Violence. TIME Magazine.

Leveille, V., & Park, S. (2015, August 7). Black Women and Black Lives Matter: Fighting Police Misconduct in Domestic Violence and Sexual Assault Cases. Retrieved September 28, 2015.

Richie, B. (2012). The Problem of Male Violence against Black Women. In Arrested justice black women, violence, and America’s prison nation. New York: New York University Press.

Race as it Pertains to Police Brutality in the United States

Increasing public awareness of police misconduct, primarily the use of excessive force or “police brutality” against unarmed Blacks, has sparked outrage amongst many communities throughout the United States. Reinvigorated in the early 1990s by the ferocious beating of Rodney King and perpetuated by the fatal shootings of unarmed teenagers Trayvon Martin in Sanford, Florida and Michael Brown in Ferguson Missouri, activist movements such as “Black Lives Matter” have been established throughout the United States. These movements campaign against police brutality; specifically what they perceive to be the wanton use of excessive physical force against Black citizens. Compiling the total number of fatal shootings by police since May 30th, 2015, The Washington Post found that although Blacks represent only 14% of the total U.S. population, Blacks accounted for more than 27% of victims fatally shot by police so far in 2015. Victim over-representation was not found for Hispanics or Asians, although the 31 “unknown” race victims could sway results. Whites are especially underrepresented as victims of fatal police shootings relative to their percentage of the population, as Whites constitute around 63% of the U.S. population but only account for 46% of victims of fatal police shootings in 2015 so far. Considerably more striking when looking at the data from a racial perspective is that of the 62 victims or 16% of the victim total who were unarmed or found to be carrying a toy gun, around 66% were Black or Hispanic. Based on the data, Blacks seem to be perceived as more dangerous than Whites regardless of whether they have a gun or not pointing to a history of prejudice and racism. This could not have been expressed more clearly than in the Tamir Rice case. Cleveland police on November 22nd, 2014 shot and killed 12-year old Tamir Rice after a 9-1-1 caller reported a juvenile was playing with a gun that was “probably fake” in a nearby park. The gun did actually end up being a toy gun that his friend had given him to play with only minutes before he was pronounced dead.  After absorbing this data, consider this question:

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Picture Source: http://claytoonz.com/tag/cleveland/

  • What do you believe to be the cause of Black over-representation in victim data regarding fatal police shootings? (e.g., Blacks being targeted by their race, Blacks committing more crimes than other races).

https://www.washingtonpost.com/national/fatal-police-shootings-in-2015-approaching-400-nationwide/2015/05/30/d322256a-058e-11e5-a428-c984eb077d4e_story.html

A statistic Blacks are not over-represented in, however, and considered by many BLM activists as one of the leading causes of police brutality is their overall representation in law enforcement. According to a survey by the Bureau of Justice Statistics, Black officers constitute just 12% of local police officers. Even more troubling is the fact that many police departments do not reflect the demographics of the jurisdiction in which they operate. For example, Ferguson, Missouri where Michael Brown was shot and killed has a 29% white population and a 67% Black population yet only three of the 53-officer department or 5% are Black. There is a clear disparity between minorities in the community and minorities working in law enforcement, especially for Blacks. Such a disparity could be due to a lack of trust towards law enforcement by the black community. Blacks with criminal records also find it difficult to pass backgrounds checks and application tests required to join the police force. There is, therefore, disconnect between law enforcement and the communities in which they work as differences in culture between primarily white law enforcement and Black communities, more than likely suffering through poverty and its adverse effects, creates a divide between the two.

  • What types of policies or prerequisites should the Criminal Justice System enforce to substantially diminish the occurrence of police misconduct, especially towards minorities? What has already been done? Can anything effective be done?

http://www.wsj.com/articles/percentage-of-african-americans-in-u-s-police-departments-remains-flat-since-2007-1431628990

What could be considered even more bizarre is how these fatal police shootings typically begin as minor traffic violations such as traffic stops or domestic disturbances. Below are two cases that exemplify these occurrences.

  • Samuel Dubose:

https://www.washingtonpost.com/news/post-nation/wp/2015/07/29/prosecutors-to-announce-conclusion-of-probe-into-cincinnati-campus-police-shooting/

  • Eric Garner:

http://www.nytimes.com/2015/06/14/nyregion/eric-garner-police-chokehold-staten-island.html?_r=0

Question to ponder:

  • Do you believe that police brutality, especially towards minorities, in the United States is on the rise or are advancements in technology over the past decade (cellphone camcorders, police cameras, etc.) contributing to the increasing number of police misconduct reports.
    • Fact: More than 60% of Americans now carry video enabled mobile devices.

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Picture Source: http://www.truthdig.com/cartoon/item/ferguson_police_20140826