WHY ARE POLICE UNIONS BLOCKING REFORM?
Their defense of officers’
working conditions is a barrier to investigating misconduct claims and getting
rid of those who break the rules.
By James Surowiecki
On August 26th, Colin Kaepernick,
a quarterback for the San Francisco 49ers, refused to stand for the national
anthem, as a protest against police brutality. Since then, he’s been attacked
by just about everyone—politicians, coaches, players, talk-radio hosts, veterans’
groups. But the harshest criticism has come from Bay Area police unions. The
head of the San Francisco police association lambasted his “naïveté” and “total
lack of sensitivity,” and called on the 49ers to “denounce” the gesture. The
Santa Clara police union said that its members, many of whom provide security
at 49ers games, might refuse to go to work if no action was taken against
Kaepernick. A work stoppage to punish a player for expressing his opinion may
seem extreme. But in the world of police unions it’s business as usual. Indeed,
most of them were formed as a reaction against public demands in the
nineteen-sixties and seventies for more civilian oversight of the police.
Recently, even as the use of excessive force against minorities has caused
outcry and urgent calls for reform, police unions have resisted attempts to
change the status quo, attacking their critics as enablers of crime.
Police unions emerged later than
many other public-service unions, but they’ve made up for lost time. Thanks to
the bargains they’ve struck on wages and benefits, police officers are among
the best-paid civil servants. More important, they’ve been extraordinarily
effective in establishing control over working conditions. All unions seek to
insure that their members have due-process rights and aren’t subject to
arbitrary discipline, but police unions have defined working conditions in the
broadest possible terms. This position has made it hard to investigate
misconduct claims, and to get rid of officers who break the rules. A study of
collective bargaining by big-city police unions, published this summer by the
reform group Campaign Zero, found that agreements routinely guarantee that
officers aren’t interrogated immediately after use-of-force incidents and often
insure that disciplinary records are purged after three to five years.
Furthermore, thanks to union
contracts, even officers who are fired can frequently get their jobs back.
Perhaps the most egregious example was Hector Jimenez, an Oakland police
officer who was dismissed in 2009, after killing two unarmed men, but who then
successfully appealed and, two years later, was reinstated, with full back pay.
The protection that unions have secured has helped create what Samuel Walker,
an emeritus professor of criminal justice at the University of Nebraska at
Omaha, and an expert on police accountability, calls a “culture of impunity.”
Citing a recent Justice Department investigation of Baltimore’s police
department, which found a systemic pattern of “serious violations of the U.S.
Constitution and federal law,” he told me, “Knowing that it’s hard to be
punished for misconduct fosters an attitude where you think you don’t have to
answer for your behavior.”
For the past fifty years, police
unions have done their best to block policing reforms of all kinds. In the
seventies, they opposed officers’ having to wear name tags. More recently,
they’ve opposed the use of body cameras and have protested proposals to
document racial profiling and to track excessive-force complaints. They have
lobbied to keep disciplinary histories sealed. If a doctor commits malpractice,
it’s a matter of public record, but, in much of the country, a police officer’s
use of excessive force is not. Across the nation, unions have led the battle to
limit the power of civilian-review boards, generally by arguing that civilians
are in no position to judge the split-second decisions that police officers
make. Earlier this year, Newark created a civilian-review board that was
acclaimed as a model of oversight. The city’s police union immediately
announced that it would sue to shut it down.
Cities don’t have to concede so
much power to police unions. So why do they? Big-city unions have large
membership bases and are generous when it comes to campaign contributions.
Neither liberals nor conservatives have been keen to challenge the unions’
power. Liberals are generally supportive of public-sector unions; some of the
worst police departments in the country are in cities, like Baltimore and
Oakland, run by liberal mayors. And though conservatives regularly castigate
public-sector unions as parasites, they typically exempt the police. Perhaps
most crucial, Walker says, “police unions can make life very difficult for
mayors, attacking them as soft on crime and warning that, unless they get their
way, it will go up. The fear of crime—which is often a code word for race—still
has a powerful political impact.” As a result, while most unions in the U.S.
have grown weaker since the seventies, police unions have grown stronger.
All labor unions represent the
interests of the workers against the bosses. But police officers are not like
other workers: they have state-sanctioned power of life and death over
fellow-citizens. It’s hardly unreasonable to demand real oversight in exchange.
Union control over police working conditions necessarily entails less control
for the public, and that means less transparency and less accountability in
cases of police violence. It’s long past time we watched the watchmen. ♦
James Surowiecki is the author of
“The Wisdom of Crowds” and writes about economics, business, and finance for
the magazine.
LAPD Honors Officers Who Didn't Use Deadly Force, Much to the Police Union's Dismay "Preservation of Life" award valorizes officers who successfully de-escalated dangerous situations.
Anthony L. Fisher|
The LAPD bestowed its newly
created "Preservation of Life Award" — recognizing officers who take
exceptional care to successfully de-escalate dangerous situations and avoid
using deadly force — on 25 officers at its annual "Above and Beyond"
gala last Thursday night. The new honor is considered to be at the same level
of prestige as the department's highest honor — the Medal of Valor.
One of the honorees, Officer
Danielle Lopez, confronted a man who she believed was pointing an assault rifle
at passing cars. Lopez and her partner were able to convince the man to drop
his gun and arrest him without violence. It turns out the gun was fake.
Another recipient of the
Preservation of Life medal, Officer Ericandrew Avendano, encountered an
ax-wielding man he suspected was suffering from mental illness or was high on
drugs. Avendano spoke with the man and contained the situation peacefully
before backup arrived to assist in subduing the man without shooting him.
Police departments in Camden
(N.J.) and Philadelphia each have their own version of the award, according to
the Los Angeles Times, but the LAPD's union — the Los Angeles Police Protective
League (LAPPL) — thinks the award is a "terrible idea" which will
"will prioritize the lives of suspected criminals over the lives of LAPD
officers, and goes against the core foundation of an officer's training."
In a blog post reacting to the
award's creation last November, the LAPPL Board of Directors wrote:
We recognize the Chief's
intentions, however, the reality is the "Preservation of Life" award
announced Tuesday by Chief Beck is ill-conceived and in actuality has dangerous
implications. Incentivizing officers for "preservation of life"
suggests somehow that this is not what they train hard to do. It suggests that
officers must go above and beyond their normal activities to avoid harm; or put
another way, that officers will be penalized for resorting to an appropriate,
lawful use of force. That is ludicrous. The last thing an LAPD officer wants to
do is to harm, or worse yet, take the life of a suspect.
It's not just the honoring of the
successful deployment of de-escalation techniques that the union has a problem
with, it's the training of such techniques at all. Earlier this year, I wrote
about the LAPPL's opposition to the LAPD Police Commission's recommendation for
new "use-of-force policies that emphasize de-escalation and the use of
minimal force in encounters with the public."
Union Director James McBride
addressed the Commission at the time, warning that if an officer were to die
because the new use-of-force policies caused him/her to hesitate, "there
will be blood on your hands." I also noted:
Union President Craig Lally, once
named a "problem officer" in a blue-ribbon panel's report on
"the problem of excessive force in theLAPD" following the 1991
beating of Rodney King, said the new policies create a "no-win situation for
the officer."
Lally added that if faced with a
potentially violent situation, "The best way to de-escalate is to run
away."
Police Officer Job Requirements: 6 Things That Need to Change
Nikelle Murphy
New York City Police Academy
cadets attend their graduation ceremony | Andrew Burton/Getty Images
It’s difficult to watch the news
or read the newspaper for a week without seeing a story of alleged police
brutality or a case where misunderstandings between citizens and officers
spiraled wildly out of control, putting lives in danger on both sides of the
handcuffs. Jobs as an officer are undoubtedly some of the most stressful and
dangerous, especially in the charged climate of strained relationships between
departments and the communities they are sworn to serve in many cities across
the nation.
In light of this, the most
influential minds in law enforcement agree that changes need to be made in how
police officers are prepared for their jobs. When we dig past single current
events, we start to see a training system that is in need of some significant
improvements. However, the focus needs to be on system-wide improvements,
rather than placing the blame at the feet of individual officers, wrote Ronald
Davis, the director of the Office of Community Oriented Policing Services (a
division of the United States Department of Justice).
“If we are to achieve real and
sustainable reform in law enforcement, our focus must shift from the police
(those individuals sworn to uphold the law) to policing systems (the policies,
practices, and culture of police organizations),” Davis wrote in an open letter
to his colleagues around the nation. With that in mind, we took a look at some
of the suggestions that officers and academics have given in recent months for
improving the way officers are prepared for their jobs. They might not account
for every incident gone wrong, but could ward off unnecessary conflict or
violence.
Police reform is becoming a national citizens movement and of course our elected officials are no where to be found
Dozens of Vermonters gathered at
the Winooski traffic circle Friday night to take a stand against violent
policing, both locally and across the country.
Organizers called the peaceful
protest just one week after a deadly officer-involved shooting in Winooski.
An off-duty sheriff's deputy shot
and killed 29-year-old Jesse Beshaw on Hickock Street.
"I was saddened to see
another senseless, avoidable death that had happened, and there's just no
excuse for it," protester Nolan Rampy said.
Friday, many met to mourn Beshaw
and call for a systemic change in policing.
"What I'm really upset about
is that across the country, there has been a real militarization of police
forces, local police forces, and I'm really concerned about that,"
protester Sandy Baird said.
The Peace & Justice Center
helped host the event, after Beshaw's aunt reached out for help.
"Their personal encounter
with violence was the catalyst for them to call together an event, so that
people will see and officials will see that people won't stand by, that we will
question this culture of violence,"Rachel Siegel, executive director of
the Peace & Justice Center, said.
Among the chants, the protesters
called for the body camera footage from the fatal night to be released. The
state's attorney has said, however, that the video will be released in a few
weeks, when the active investigation is over.
SHOWING THEIR LAST MOMENTS
WHY ACCESS TO VIDEO OF POLICE
BRUTALITY IS CRUCIAL FOR JUSTICE
CANDACE HOWZE10/06/2016
I grew up in a mostly white,
Midwestern college town before I moved to North Carolina at 13. Fortunately, I
never directly confronted racism during my childhood; I naïvely associated the
idea of protesting for civil rights with decades past.
I didn’t question my ability to
exercise my rights until I started college. I took several classes that
explored racial divides and discrimination and began to read more about the
issues my community faces — like inequitable education, economic disadvantages,
and housing discrimination. I was challenged with the realization that some of
my classmates didn’t understand what life as a person of color in America is
like. It was perplexing at best, frustrating and infuriating at worst.
Then Michael Brown was killed at
the hands of the police. And Eric Garner, Freddie Gray, John Crawford II, Jason
Harrison, Tamir Rice, Sandra Bland, and so many more unarmed citizens were
killed. It seemed like almost every week another unarmed black person fell prey
to the very men who had sworn to protect them. I couldn’t watch the news, read
a paper, or go online without feeling my stomach drop. I watched my peers
laughing and talking across campus as if there wasn’t a crisis occurring in our
own backyard. At times, it felt like we lived in two different worlds: one that
was hurting from being unjustly attacked, and one that was comfortably
unconcerned.
To this day, every time I log on
to social media and see that a new name has been hashtagged in memoriam, my
heart hurts. These men look like my cousins, my uncles, my best friends. They
look like all the people in my life that I have ever loved. Seeing these
familiar faces in pain on the news — whether through the shaky lens of a
bystander’s cell phone or the crackling recording of a police dashboard camera
— only makes my own pain worse. I cannot count how many tears I’ve held back
after seeing innocent people bleed out in the street, as if the space they took
up in this world didn’t matter.
Despite how painful it is to
watch these incidents, the footage released from police body cameras and
dashboard cameras helps paint a picture of a victim’s last, tumultuous moments.
When there is evidence of a police shooting that appears to have involved an unjust
or excessive use of force, the public can rightfully express their questions,
concerns, and frustrations — and in turn use this footage to hold their law
enforcement officers accountable for failing to protect and serve American
citizens and honor their rights.
Yet on July 11, North Carolina
Governor Pat McCrory signed a bill into law that seals police videos from the
public (including citizens recorded in the video) unless a court order is
obtained. This means that the media, social justice organizations, and even
victims’ families have to go through extensive measures to view the footage —
and even then they can still be denied. The American Civil Liberties Union
called the bill shameful, and for good reason: Police officers are public
servants, and their interactions with the public should not be hidden. While
the governor claims that sealing footage will promote trust between the
community and the police who serve it, this bill actually creates “forced
trust,” and will create unrest instead of cooperation. Governor McCrory also
said the bill will protect police, but seems to remain hesitant to express a
desire to protect citizens, too.
But McCrory has faced public
backlash for his actions. After the September 20 shooting death of Keith Lamont
Scott, violent protests erupted throughout the city of Charlotte, North
Carolina, where McCrory was formerly mayor. The police department initially
justified the shooting, but refused to release police video. After facing
pressure from the community and by request of the family, however, the police
finally released the footage, which failed to support the account police had
initially given. Crucially, while there were some violent protests right after
Scott’s death, once the footage became public the protests reportedly became
far more peaceful, which serves as evidence that dashboard camera and body
camera videos should be public record.
This is exactly why I started a
petition to make police videos public record in North Carolina. Thousands have
signed, but that’s still not enough, because on October 1, McCrory’s bill went
into effect: Police videos officially became sealed in North Carolina. This
means that if another person falls victim to police violence, their story could
be buried and left unsolved. The law also sends the message to other states
that they can do the same thing and turn a deaf ear to this searing problem.
We are at a crucial moment in our
nation’s history. Shootings like Scott’s and others have happened in our nation
for many decades, but only recently have cell phone and police footage captured
images of the violence and spread them all over the world. Without this police
footage, however, the only voices our communities hear are those of the police
rather than the victims. If we don’t tackle police brutality head-on, it will
continue to haunt us.
What’s more, we must solve this
together — not behind closed doors. We need to remind our local senators and
congressmen that transparency and accountability are vital within our
communities, and that everyone’s voice matters — including the voices in the
videos of citizens who no longer have the ability to tell their own stories. As
we’ve seen many times already, without accountability to the people they serve,
police departments can act unjustly without consequences. I hope you’ll join us
in making our streets safer and our police departments accountable.
To learn more about police
accountability and the 2016 presidential election go toelectthis.com
Want to be an MTV Founders
contributor? Send your full name, age, and pitches to mtvfounders@gmail.com.
Mild punishments for indifferent sex-crimes cops; police union still objects
By Jarvis DeBerry, NOLA.com | The
Times-Picayune
he New Orleans Police Department
has announced that five officers who neglected to fully investigate evidence of
sexual abuse and child abuse have been disciplined for their disturbing
indifference. Some of the officers were
suspended. Some received a letter of reprimand. Some received both. The department's response seems rather mild —
given that the police failed to do what they should have done to bring about
justice for the most vulnerable among us.
But even though the punishments were mild, we are confronted with a
police union official who's vowing to get those punishments undone.
"Honestly, I just don't know
what it is that these officers are accused of," Donovan Livaccari, a
spokesman for the city's Fraternal Order of Police, told NOLA.com | The
Times-Picayune. "And I think I should know by now." To be fair, Livaccari was speaking about the
punishments before he had read the officers' official disciplinary
letters. But there's no excuse for
Livvacari not knowing what the accusations are.
In a November 2014 report by New Orleans Inspector General Ed
Quatrevaux, their transgressions were made quite plain. Simply put: The officers in question,
according to the inspector general's report, were lackadaisical when they
should have been concerned; they were negligent when they should have been
focused on bringing rapists — including those raping children — to justice.
Quatrevaux's office didn't treat
its investigation into the sex-crimes unit like the typical report that accuses
an agency of being wasteful with its resources.
More than a month before its report was released, Quatrevaux's office
informed the Police Department that there were children in situations that put
them at risk of being physically or sexually abused. Thus, before the November report was even
released 13 children had either been removed from their homes or referred to
child protective services.
5 NOPD officers disciplined for
failings in sex crimes
Three detectives and two sergeants
-- including a supervisor -- are being suspended or reprimanded, NOPD said.
According to that 2014 report,
between 2011 and 2013 detectives Akron Davis, Merrell Merricks, Derrick
Williams, Damita Williams and Vernon Hayes were assigned 1,290 sexual-assault
or child-abuse calls and 86 percent of those cases were not followed up with an
investigative report. Two times out of three the officers in question used the
label "miscellaneous incident," that is, nothing the police should
worry about looking into further.
In one case a child younger than
3 arrived at a hospital emergency room with a sexually transmitted
disease. Davis reportedly concluded a
child presenting with a sexually transmitted disease was no evidence that a crime
had been committed against that child.
He reportedly exhibited the same nonchalance when an infant was found to
have skull fractures and when a small child complained of abuse from a
registered sex offender. Davis was suspended seven days.
Sgt. Merrell Merricks received a
letter of reprimand for reportedly backdating investigative reports requested
by the inspector general and for claiming to have sent a rape kit to the State
Police when in fact it had never actually left the Police Department's evidence
room.
In 2013 the inspector general's
office requested supplemental reports from two rapes Derrick Williams should
have investigated in 2011 and 2010. He apparently wrote those two reports about
those rapes on the same day in 2013. He was suspended 10 days.
Apparently, Damita Williams had
made it known to multiple people that she doesn't think simple rape — for
example, taking advantage of a person who is drunk or drugged — is a crime. And
only one of the 11 simple rape cases she was assigned over a three-year period
ever reached the district attorney's office.
Damita Williams was suspended 10 days and reprimanded.
Hayes retired earlier this
year. Sgt. James Kelly, who wasn't
mentioned in the 2014 report but was removed that year as one of two
supervisors of the department's sex-crime unit, was suspended 30 days.
Five NOPD detectives mishandled
rape, child abuse investigations, inspector general finds
Five NOPD detectives have been
transferred to street patrol and are under internal investigation.
The list above does not include
all the ways the officers were said to have messed up. But there are enough reasons there for the
public — and for Livvacari — to know why the officers are being punished.
It's worth noting that before the
police union official had seen the disciplinary letters, Livvacari was vowing
to appeal the officers' suspensions.
That confirms what we already know: that the unions reflexively defend
their members, no matter the details of the criticism. Livvacari is right when he says that the
Police Department as a whole bears some blame for crimes not being properly
investigated. Even so, there's something
deeply disturbing about an officer who does nothing after learning that a
toddler has an STD and that an infant has skull fractures.
For what it's worth, Quatrevaux
says the sex-crimes unit has made a 180 degree turn since his office's 2014
report. "What was bad before is
very good now," Quatrevaux said in June. "It's a remarkable
turnaround."
If that turnaround is to last, so
must these punishments.
Jarvis DeBerry is deputy opinions
editor at NOLA.com | The Times-Picayune. He can be reached at
jdeberry@nola.com. Follow him at twitter.com/jarvisdeberry.
"CONTAGIOUS ACCOUNTABILITY"
New research shows there’s one
big change when cops wear cameras
Cassie Werber
Cameras worn on police uniforms
have been lauded as a possible solution to many of the problems facing officers
in the line of duty, from violence against law enforcement to the unnecessary
use of force. The US Department of Justice recently announced a plan to spend
$20 million on body cameras for cops in 32 states.
The cameras are controversial, as
all surveillance technology tends to be. And until recently, there’s been
little hard evidence about how effective body cameras actually are. According
to new research from the University of Cambridge, which studied seven police
forces in the US and the UK, the answer is that they are transformative in at
least one way.
Researchers used complaints
against police as a proxy for the effect of the cameras, hypothesizing that one
major reason for complaints is that cops behaved in a negative, avoidable way.
(There are other reasons for complaints, the researchers acknowledge, given the
emotionally charged nature of many interactions with police.)
Compared to the previous year
when cameras were not worn, complaints across the seven regions fell by 93%
over the 12 months of the experiment. The study encompassed nearly 1.5 million
officer hours across more than 4,000 shifts.
“I cannot think of any [other]
single intervention in the history of policing that dramatically changed the
way that officers behave, the way that suspects behave, and the way they
interact with each other,” Barak Ariel, the lead researcher, told the BBC.
The theory is that cameras make
police officers more accountable for their actions, because people tend to
change their behavior when they believe they are being observed. At the same
time, this also limits non-compliance from people with whom the police
interact.
“It seems that knowing with
sufficient certainty that our behavior is being observed or judged affects
various social cognitive processes: We experience public self-awareness, become
more prone to socially acceptable behavior, and sense a heightened need to
cooperate with rules,” the researchers write.
They also noted that there was a
reduction in the amount of complaints against officers who didn’t wear cameras
but were working in the same forces among those who did. The researchers called
this “contagious accountability.” All officers were acutely aware of being
observed more closely, whether they were wearing a camera or not.
Correction: An earlier version of
this article stated that complaints fell by 98%. It was in fact 93%.
New Police Auditor Position in Fairfax County: What It Means
The Board of Supervisors
unanimously approved this week the Office of the Independent Police Auditor.
By Mary Ann Barton (Patch Staff)
- September 23, 2016 4:42 pm ET
________________________________________
FAIRFAX COUNTY, VA -- The Fairfax
County Board of Supervisors unanimously approved the Office of the Independent
Police Auditor this week. This position has a broad mandate and will report
directly to the Board of Supervisors, the County said in a news release.
“We fully support the
establishment of the Office of Police Auditor to increase our transparency to
the community we proudly serve," Colonel Edwin Roessler Jr., chief of
police, said.
The position will have many
responsibilities and roles, but as a sampling, here are five key ways the auditor
will work to enhance trust between our community and police, according to
Fairfax County:
1.) Monitor and review internal
investigations of Fairfax County Police Department officer-involved shootings,
in-custody deaths and use of force cases in which an individual is killed or
seriously injured.
2.) Request further investigation
if the auditor determines that an internal investigation was deficient or
conclusions were not supported by the evidence.
3.) Issue a public report for
each reviewed internal investigation.
4.) Review all resident complaint
investigations of alleged excessive or unnecessary force by officers.
5.) Produce annual reports
analyzing trends and recommending improvements.
The police auditor is part of the
broader set of changes to the department, which have also included:
• Established
Diversion First.
• Re-engineered
how police are trained with a focus on de-escalation and the sanctity of life.
• Reorganized
the public affairs team and hired a full-time civilian director.
• Established
a policy to release the names of officers involved in critical incidents within
10 days and provide updates on these incidents at least every 30 days.
• Collected
and published key data on police interactions including uses of force and
officer-involved shootings.
• And
now established the Office of the Independent Police Auditor.
Creating an independent civilian
review panel will be discussed at the next meeting of the Board of Supervisors’
Public Safety Committee on Oct. 25 at 1 p.m. in Rooms 9/10 at the Fairfax
County Government Center.
Shoplifting Incident at Kohl's
Leads to Charges: Police
Editorial: Independent Police Auditor Marks History
Kudos to Board of Supervisors for
unanimous approval of independent police auditor; now on to the Civilian Review
Panel.
By Mary Kimm
#The Fairfax County Board of
Supervisors voted to create the position and office of independent police
auditor on Tuesday, Sept. 20, creating the first civilian, independent
oversight of law enforcement in Fairfax County. The unanimous vote demonstrated
the board’s commitment to the ongoing process that began early in 2015 when
Board of Supervisors Chairman Sharon Bulova established the 32-member Ad Hoc
Police Practices Review Commission.
#Police Chief Edwin Roessler
expressed strong support for two keystone recommendations of the Ad Hoc
Commission, the auditor and the Civilian Review Panel, next up for
consideration and implementation by the Board of Supervisors.
#Many commission recommendations
have already been approved, including the establishment of the Diversion First
program providing treatment rather than jail for people in mental health
crisis, development of an overriding use of force policy, and more transparency
in police communications.
#Independent oversight and
civilian participation in reviewing police use of force, officer-involved
shootings and citizen complaints will play a vital role in maintaining Fairfax
County Police Department’s reputation as being one of the very best law
enforcement organizations in the nation.
#Some critics complain that the
final language approving the auditor limits the independence of the office, but
the auditor will be briefed on investigations contemporaneously, providing a
window of oversight and sunshine not previously in place. There are more than
200 different civilian oversight structures around the country. While civilian
oversight is a national best practice, the President’s Task Force on 21st
Century Policing recommends that every community have community oversight of
police, with each community developing the model that is best locally.
#Public Safety Committee chair
John Cook (R-Braddock) is tasked with shepherding major recommendations through
the Board of Supervisors. He pointed out that the specifics of the approval for
the auditor are not locked in stone; revisions after a period of experience
would not be surprising.
#Recommendations by the
Independent Oversight and Investigations Subcommittee for the Fairfax County
model included establishing the Independent Police Auditor and establishing a
Civilian Review Panel to respond to community concerns or complaints about alleged
incidents of abuse of authority by the FCPD.
#The panel as proposed would not
conduct investigations and would not be involved in the disciplinary process
for any officer, but would review select investigations after they are
complete. The panel would also not overlap duties with the auditor.
#The panel could issue public
reports, and meet with the auditor periodically, providing its views to the
Board of Supervisors and the chief of police as to policy and practices changes
that may be warranted. The panel could also hold periodic public forums around
the county to gather information and suggestions about the FCPD, public
perceptions and recommendations for policy and procedure, involving other
police advisory committees and members of the Board of Supervisors as
appropriate.
#Indications are that there will
be some modifications to the proposal for the Civilian Review Panel over the
coming weeks. It’s a good time for those with interest to tune in.
#The board’s Public Safety
Committee will discuss the creation of a Civilian Review Panel at its next
meeting, scheduled for Oct. 25 at 1 p.m. at the Fairfax County Government
Center.
Calls to 911 From Black Neighborhoods Fell After a Case of Police Violence
Quoctrung Bui
Adrian Spencer, a Milwaukee
resident, belongs to a community group trying to improve public safety and
relations with the police. CreditDarren Hauck for The New York Times
MILWAUKEE — Milwaukee residents
were outraged when they learned, about three months after the fact, that a
biracial man at a party had been severely beaten by several white off-duty
police officers also in attendance. The man, Frank Jude, was left with a broken
nose, bruises and severe bleeding in his ears, a result of having pens pushed
into them.
The attack, which took place in
October 2004 and came to light after an article in The Milwaukee Journal
Sentinel, prompted protests. In the fallout, nine officers were fired by the
Milwaukee Police Department; three were eventually convicted on federal charges
of violating Mr. Jude’s civil rights.
It also, according to new
research, led to a drop in 911 calls in Milwaukee notifying the police of
crimes.
The lag between Mr. Jude’s
beating and its becoming widely known created a particularly good natural
experiment for a team of sociologists interested in learning whether mistrust
of the police can play a role in a community’s reluctance to report crimes. The
results may also influence debate over the effect that wider dissemination of
instances of police violence, which can now be recorded on cellphone video and
spread quickly via the internet, might have on fighting crime.
In a new paper in the American
Sociological Review, the sociologists Matthew Desmond of Harvard, Andrew V.
Papachristos of Yale and David S. Kirk of Oxford have drawn a direct link
between widely publicized acts of police violence and the number of 911 calls
neighborhoods make.
The lag between when Mr. Jude was
attacked and when it became widely known allowed the researchers to isolate the
episode’s effect on 911 calls. The researchers pored over 110,000 such calls in
Milwaukee, one year before and one year after the beating. The researchers
estimated that 17 percent (or 22,000) fewer calls were made than would have
been likely if the attack had never happened. They found that the effect lasted
roughly one year.
Mr. Desmond said that the results
“kind of blew us away; we weren’t expecting to see such a big effect and an
effect to last so long.”
The effect broke along racial
lines: The majority of the decline in calls took place in black neighborhoods.
“It shows what a deep rift events like this cause in the social fabric, in
predominately black communities,” Mr. Desmond said.
An abandoned home, a magnet for
drugs and prostitution, became a target of crime-fighting efforts in Milwaukee.
CreditDarren Hauck for The New York Times
Such events didn’t need to be
local to have an impact. The researchers also looked at how the volume of calls
to 911 in Milwaukee changed after news accounts of police violence in other,
distant cities. In one of the other two cases they studied, they found a
significant impact on crime reporting.
The change in calls is unusual
because the relationship between crime and calls to the police is typically
strong. “If crime is going up in Milwaukee, calls should also be going up,” Mr.
Papachristos said.
The advantage of using 911 data
is that it’s somewhat of a hybrid between survey and administrative data. With
surveys, the best a researcher can do is ask what a person might do in a given
situation; it’s not clear whether what people say in a survey will match with
what they’ll actually do in real life. The record of 911 calls, by contrast, is
data created by residents in their moment of need.
“This is derived from what people
are doing — it won’t be as biased as crime reports,” Mr. Papachristos said.
“This is the first time that we’ve seen a result in citizen activity.”
It’s not as if people are silent
when a crime takes place. Quite the opposite: News spreads fast from house to
house.
“Residents are very willing to
tell you about what’s happening in their neighborhood,” said Adrian Spencer,
who at one point lived in a predominately black neighborhood in central
Milwaukee across the street from a tavern that had become a magnet for fights,
drag races and shootings. “But it’s much more difficult to get them to talk
directly to the police. Or come to a hearing.”
To Ms. Spencer’s surprise, she
and her mother seemed to be the only ones calling 911 to report crime connected
with the tavern. When she asked other people in the neighborhood, some of whom
had lived there longer than she had, the usual response was: What were the
police going to do?
She suspects this reluctance to
call is rooted in skepticism that law enforcement can make much of a difference
or be fair to the residents. “There’s a huge fear of retaliation,” she said.
“It’s not happening on the level that they’re thinking that it is. And then you
look on TV and you see what’s happening on TV with the police, you definitely
don’t want to come in contact with the police if you don’t have to.”
The new study focuses only on
data that is 12 years old and primarily focused on Milwaukee. But Mr. Desmond
says that the effect may also be true elsewhere: “I think it has implications
for what we’re seeing in Cleveland, in Charlotte, in Baltimore, with very
publicized cases of police violence. Milwaukee is similar to places like
Baltimore and Cleveland in its level of segregation. I think that probably has
a lot to do with the story. ”
Researchers have estimated that
something changed in how often Milwaukee residents called 911 in early 2005,
especially in black neighborhoods. Around that time, news broke of an earlier
attack by police officers on a biracial man.
Neighborhood underreporting
offers another possible explanation. In an effort to explain rising homicide
rates, some police chiefs have saidthat the publicity and backlash surrounding
highly publicized episodes in places like Ferguson, Mo., and Baltimore have
increased the brazenness of criminals. Others, such as James Comey, the F.B.I.
director, have suggested it stems from the reluctance of police officers to
patrol as aggressively because they fear becoming the subject of the next viral
video. The new study may shed more light on whether the increase in crime last
year was part of a deepening skepticism that the police can make a difference
in already violent neighborhoods.
Chief Edward A. Flynn of the
Milwaukee police doesn’t see the connection. He says that calls for service are
up in Milwaukee.
He says the researchers’ data
were affected by a quirk in how Milwaukee handled its 911 calls. Until three
years ago, 911 calls were initially received by the county and then passed
along to the city. Chief Flynn says many calls were dropped before they reached
the city, but after the Police Department had sent an officer.
“Too often, researchers are doing
mass data dumps without field research,” he said. “They’re taking metadata and
extrapolating.”
Mr. Desmond says that they were
careful to incorporate “administrative considerations that lead to underreporting
of calls” and that they worked with a sergeant in the Milwaukee Police
Department’s open records section on those issues. Also, Mr. Desmond says that
none of the details Chief Flynn mentioned would address the differences in
crime reporting between black and white neighborhoods.
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Whatever the causes, there are
hints that neighborhoods can have a change of heart. The turning point for Ms.
Spencer came four years ago, when 18 bullets were fired at her home and the
beauty shop beside her house, striking her room and her daughter’s room. She
began to hold meetings to discuss the tavern and crime in her neighborhood more
generally. Eventually, after two years of effort, she persuaded the city to
revoke the tavern’s liquor license.
She went on to become a community
organizer for Safe & Sound, a group that tries to increase communication
between the police and vulnerable neighborhoods in Milwaukee. “There’s always
going to be people who are more comfortable talking with me, because I grew up
here — I’m a civilian,” Ms. Spencer said.
She trains people to follow up
with the police, how to appropriately address negative interactions with them
and how to pass on tips when they prefer to stay anonymous. Still, she says
many of the 75 to 80 people she meets every month have a hard time opening up.
“It’s a tough, tough thing to
do,” she said. “Rightfully so, because people have these experiences that they
fall back on. For most people, the type of interactions they’ve had with the
police have been negative interactions.”
He thought it was funny
Apology cake: 'Sorry I Tased You'
Woman suing former deputy who
allegedly tased her without provocation and apologized with a cake
pnj.com
A Florida woman has filed a civil
lawsuit against a former Escambia County, Fla., deputy, charging that he
shocked her with a Taser in her chest and neck without provocation, tried to
cover up the incident and then later—adding insult to injury—apologized with a
cake.
According to the Pensacola News
Journal, Stephanie Byron filed the lawsuit in May, claiming that Michael
Wohlers used excessive force, violated her civil rights, committed battery, and
caused her physical injuries, monetary loss, medical expenses, humiliation and
mental anguish.
The original alleged incident
dates to June 2015, when, according to the suit, Wohlers had finished his
patrol shift and went to visit Byron at an apartment complex where she worked.
According to the News Journal, documents
from the Escambia County Sheriff’s Office and the Criminal Justice Standards
and Training Commission indicated that Wohlers deployed his stun gun during
“horseplay” with the victim. However, Byron and her attorney deny that any
“play” was involved.
The lawsuit accuses Wohlers of
using “his apparent law-enforcement authority to intimidate, harass and
threaten plaintiff … about her personal life. Because Wohlers did not like how
plaintiff failed to respond to his show of authority, Wohlers became increasingly
aggressive toward employees at the apartment complex’s office, including with
Ms. Byron,” the News Journal reports.
The lawsuit claims that Wohlers
took Byron’s sweet tea from her and refused to return it, and that when Byron
went to get the drink back, Wohlers discharged his Taser into her chest and
throat. When Byron fell to the ground, the lawsuit charges, Wohlers “jumped
onto [her], kneeing her in the chest” and “forcefully removed the Taser prods.”
Court documents indicate that
Wohler later tried to apologize by baking Byron a cake with the words “Sorry I
Tased You” written on it, the News Journal reports.
Police departments struggle to get cops mental health training
Aamer Madhani , USA
Police departments and
policymakers around the country are grappling with how to bolster training for
cops on mental health issues in the midst of a string of high-profile fatal
incidents involving suspects believed to be in the throes of mental breakdowns.
The current debate on policing in
America has largely focused on whether inherent racial bias has led to police
disproportionately using deadly force against African-Americans.
But long simmering on the back
burner is the struggle for police departments to deal with the eye-popping
number of deadly incidents that involve people with mental health issues, law
enforcement and mental health experts says. A study by the Virginia-based
Treatment Advocacy Center published last year found that people with mental
illness are 16 times more likely than others to be killed by police, while
theNational Alliance on Mental Illness estimates 15% of men and 30% women
annually booked at U.S. jails have mental health problems.
“What departments are going
through right now is nothing short of a cultural revolution,” said Peter
Scharf, a criminologist at the LSU School of Public Health and Justice.
"Jails have become the alms house of this generation and police have
become the first responders to the mentally ill."
The issue of mental illness and
policing was drawn back into the spotlight after police in El Cajon, Calif., on
Sept. 27 fatally shot Alfred Olango, 38, an unarmed man who was killed after
his sister says she called police for help because he was in the midst of a
mental health crisis. Olango's sister, who has not been identified, says she
told police that Olango did not have a weapon.
Police in the San Diego suburb
said officers fatally shot Olango only after he rapidly pulled an object from
his waistband and took what was described as a “shooting stance.” After
shooting him, police discovered the object that Olango drew from his pants was
a vape device.
The Olango shooting came days
after the controversial police-involved shooting of Keith Lamont Scott in
Charlotte in which his wife can be heard on a cellphone video telling police
officers that Scott suffered a traumatic brain injury moments before they
opened fire. Police say Scott was holding a gun when he was shot, while some
family members say he was only holding a book.
Before the incidents in Charlotte and San
Diego, there had been a surge in the effort by police departments and
politicians looking to find ways to reduce the number of instances in which
force is deployed and diverting the number of mentally ill people from the
expensive proposition of incarceration.
In Minneapolis, Mayor Betsy
Hodges in August introduced plans for a pilot programthat would pair mental
health professionals with streets cops responding to emergencies. Meanwhile,
the Chicago Police Department this month launched a new mandatory de-escalation
training program for the nation’s second-largest police force that has a heavy
focus on mental health training.
And during the first presidential
debate, Democratic nominee Hillary Clinton said the federal government should
do more to support police departments to deal with the vexing issue.
“Police are having to handle a
lot of really difficult mental health problems on the street,” Clinton said.
“They want support, they want more training, they want more assistance. And I
think the federal government could be in a position where we would offer and
provide that.”
TRAINING WITH BALANCE
In the newly launched Chicago
training program, officers, over two days, are presented a variety of live
scenarios and exercises that force them to wrestle with how they would respond
to tense situations.
As part of the training, the
department is using some recent incidents as teaching moments — including
having officers study aspects of a controversial police shooting last year in
which a Chicago cop killed a bat-wielding college student in the throes of a
mental health crisis, while also mistakenly fatally shooting the young man’s
55-year-old neighbor.
That incident last December came
a little more than a month after the city was forced by court order to release
a chilling video showing a white police officer fatally shoot a black teen 16
times. Laquan McDonald, 17, who was gunned down holding a small knife as he
appeared to run away from police had a history of mental health problems.
Sgt. Larry Snelling, lead
instructor of the Chicago training program, said the department wants officers
to use the least amount of force as possible.
“That being said, de-escalation
doesn’t always work,” Snelling said. “The training is balanced in the hopes
that officers when they are faced with a deadly threat…are capable of
responding to save the lives of one of our citizens or themselves.”
TRAINING ALONE NO PANACEA
More than 3,000 of the nation’s roughly
18,000 police departments have some or all of their officers go through Crisis
Intervention Team (CIT) training, according to Laura Usher, a program manager
for the National Alliance on Mental Illness (NAMI).
The model for the program, which
was pioneered in the late 1980s by the Memphis Police Department, calls for 40
hours of training that includes teaching officers verbal de-escalation skills,
scenario-based training and having officers spend time interacting with
individuals who have gone through a mental health crisis.
It’s unclear what percentage of
departments have such robust training. A survey published by the Police
Executive Research Forum last year found that that new recruits received a
median amount of eight hours on crisis intervention training compared to 58
hours on firearms training.
Usher said that while police
chiefs largely recognize that a disproportionate number of people arrested have
mental health issues, but they struggle to make time for training when they
face demands to keep officers on the street.
“The other thing is that the
training is not a panacea,” Usher said. “It’s also about the partnerships with
their local mental health agencies and advocates in changing the culture and
how the community approaches people in a mental health crisis.”
Some law enforcement experts,
including the LSU criminologist Scharf, say mental health training can help
officers reduce arrests for relatively small infractions and help cops build a
baseline of understanding about what mentally ill people experience – valuable
knowledge when thrown into a volatile encounter with someone in the midst of a
crisis.
But Scharf cautioned that the
training has its limitations for a cop who has to make a split-second decision
particularly when dealing with someone who is believed to be armed and
agitated.
"Should police get this
training? Yes," Scharf said. "But just like you can't do neurosurgery
with eight hours of training, you can't expect a cop to be able to learn to
talk a gun out of the hands of someone with such limited training."
COPS BUDDY UP WITH MENTAL HEALTH
PROS
Over the years, a handful of
large and midsize departments – including Los Angeles and San Antonio – have
partnered with mental health professionals to work as “co-responders,”
assisting street cops responding to incidents involving individuals in the
midst of a mental health crisis.
Some midsize departments in
recent years have begun testing pairing cops with mental health professionals.
The Overland Park (Kan.) Police
Department, a force of about 250, hired a “co-responder” in 2014 to assist
officers after seeing a surge in mental health related calls, which were often
bogging down beat officers’ time.
During her first year on the job,
the co-responder, Megan Younger, helped divert individuals on 129 occasions to
receive mental health care, according to Overland Park Police.
The department estimates that her
work also helped the department avoid making 40 arrests during her first year
on the job, saving the department $61,000 in costs.
Overland Park police officials
believe that the interventions with the co-responder, who has made more than
1,800 visits with people with mental health issues during the time with the
force, mitigate the chances of a more dangerous encounter with the individuals
occurring in the future.
Officer Jackie Zickel said she
partnered with Younger not long after the department started the program and
saw firsthand the efficacy of having a
mental health specialist by her side. The first call she was on in which
Younger was deployed involved a couple whose adult son was destroying their
home during a schizophrenic episode.
Zickel recalled that when she and
her police partner arrived at the volatile scene the young man had locked
himself in his room. Zickel was eventually able to talk the young man into
coming to the family’s living room to meet Younger, who was able to persuade
him to take his medication.
“They see the difference between
us and her,” Zickel said. “It helps them understand that we’re there to make
sure the situation stays safe, and that she is there to help them get out of
the crisis.”
Fla. Woman Charges That Cop Baked
Her a ‘Sorry I Tased You’ Cake
Stephanie Byron has filed a civil
lawsuit claiming that former Escambia County Deputy Michael Wohlers used
excessive force, violated her civil rights, committed battery against her and
caused her hardships—then baked her a cake to say “Sorry.”
and he'll get away with it too
An undercover prostitution
operation conducted by the Columbia Police Department resulted in the arrests
of 10 men, including the police chief of the Winnsboro Department of Public
Safety.
CPD officers say the Organized
Crime and Narcotics Unit, along with North and Metro Regions Community Response
Teams, conducted the operation Friday at a hotel in the Greystone Boulevard
area.
WIS is told Freddie Lorick Sr.
identified himself to officers during the arrest as being the police chief of
the Winnsboro Department of Public Safety. Lorick requested medical attention
during the arrests and was transported by EMS to a local hospital.
Officers say the men arrested
ranged in age from 29 to 59 years old. All of the men were charged with
soliciting for prostitution and one of the men was hit with an extra charge of
cocaine possession.
JOHN OLIVER SAYS POLICE ARE BEING HELD ACCOUNTABLE EVEN LESS THAN WE REALIZE
BY RYAN BORT
CULTUREJOHN OLIVERLAST WEEK
TONIGHT
John Oliver is no stranger to law
enforcement...or at least not to covering it on Last Week Tonight. Most
recently, he delved into why police are so rarely held accountable for their
actions, after earlier taking on civil forfeiture, police militarization,
municipal violations and mandatory minimum prison sentences.
While there have been thousands
of fatal police shootings since 2005, only 77 officers were charged with murder
or manslaughter in that time, and only 26 were convicted. The numbers are
staggering, but just as astonishing is how difficult it is to ascertain these
sorts of statistics. In 2015, FBI Director James Comey spoke of the lack of
information available about our police. "We don't have data," he said
at an FBI oversight committee hearing. "People have data about who went to
a movie last weekend or how many books were sold or how many cases of the flu
walked into an emergency room, and I cannot tell you how many people were shot
by police in the United States last month, last year or anything about the
demographics."
Who does track statistics on
police misconduct? According to Oliver, it's a researcher named Philip Stinson,
who accumulated data by setting up 48 Google alerts in 2005.
Police simply aren't held
accountable for their actions the way others with jobs of such high importance
are scrutinized. As Oliver explained Sunday night, there are several reasons
for this. One is that police misconduct is typically investigated internally,
by other police officers, which could be considered something of a conflict of
interest. You want examples?
The Department of Justice
reported that in Cleveland, "investigators told us that they intentionally
cast an officer in the best light possible when investigating the officer’s use
of deadly force." In Miami, an investigation took so long, “at least
two…officers shot and killed a suspect while still under investigation for a
previous [shooting].” In Baltimore, an officer who reported misconduct was
relentlessly harassed by his fellow officers, to the point where they weren't
even sending him backup when he requested it. They also left pictures of cheese
on his desk and a dead rat on his windshield.
It is also remarkably easy for
officers to wipe clean any evidence of previous misconduct, and to do so
legally. In some precincts, records can be thrown out after a certain amount of
time elapses. A Mesa, Arizona police chief even instructed his officers to
“purge your files according to policy." As Oliver notes, "This seems
wrong."
Basically, the system is far more
insular than it should be, and it is designed to protect police officers from
themselves. The justice system only bolsters their relative immunity to
recourse. It is incredibly awkward for prosecutors to go after police officers,
because the former usually have close relationships with the latter, relying on
them to give advice and analyze evidence. If a case against an officer ever
does go to trial, which is very rare, the juries are predisposed to give
officers the benefit of the doubt. Despite recent events, it's difficult for
anyone to override the idea that police officers are trustworthy figures on a
noble pursuit to protect and serve.
Again, out of thousands of fatal
police shootings, only 77 officers went to trial and only 26 were convicted.
So what can be done? Body
cameras, for one. As Oliver points out, police in Rialto, California, saw
complaints against officers fall 88 percent and use of force fall 60 percent
after one year of using body cameras. They have been so successful, in fact,
that officers in Baltimore were reluctant to hand them in after a trial run
came to an end. As Oliver says, “These cops aren’t M. Night Shyamalan. If they
plead with you to let them have a camera again, you should give it to them.”
Other options to heighten
accountability that have been tested include forcing officers to file separate
reports when force is used and bringing in outside prosecutors. However it's
done, it is imperative that officers are held accountable for their actions. As
Oliver says, “A lack of trust in police accountability leads to a lack of trust
in police."
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