Police Policy and Police Violence

My first installment in a series on police policy and its relationship to police violence is live over at Rare.us. Frankly, so much of the critiques in the wake of Ferguson, Staten Island, and Cleveland focuses on niche issues, like the drug war, instead of how we allow our police agencies to be run in our name.

When used as a method to question someone in relation to a separate crime, whether in a car or on the street, this behavior is known as a pretextual stop. Simplifying a bit, one law (e.g., running a stop sign) is used as pretext to investigate further (e.g., looking for evidence of drug crimes) because the officer otherwise lacks reasonable suspicion or probable cause to stop a person or vehicle. Thus, if a police officer makes up his mind to stop you, even the slightest violation of a law or out of the ordinary conduct (like looking nervous when a police officer is watching you) can give him an excuse to stop you. 

Put another way, he’s certainly going to stop you.
[...]
One disturbing aspect in so many of these recent, high-profile homicide cases is the quickness with which violence became the method of control against Michael Brown, Eric Garner, and others. That the recent cases have all involved black males is no surprise to many observers and protesters. Even skeptical black conservative Jason L. Riley tells a story about how he was grabbed from his vehicle by police at gunpoint because he "fit the description" of a suspect.. “Fitting the description” is, in practice, often just a police euphemism for being a black male.​

It's a tad long, but it lays the fundamental groundwork for understanding what is actually going on during police encounters all over the United States. I also explain how some departments knowingly tolerate police violence:

Fifteen years ago, criminology professor and police researcher Jerome H. Skolnick wrote an article on police brutality in the American Prospect. He noted that, “Police executives sometimes review the ‘resisting arrest’ cases of police officers to determine whether a cop inclines toward administering vigilante justice.”  

The thinking goes, if a suspect is in custody with visible bruises or other injuries, those injuries—if caused by the arresting officer(s)—are typically justified by claims of resistance.  

WNYC News recently reviewed over 50,000 NYPD cases in which resisting arrest was among the charges. WNYC found that five percent of NYPD officers accounted for 40 percent of all resisting arrest charges since 2009, and 15 percent of officers accounted for half of all resistance charges.    

The next installment will discuss systemic susceptibility for police perjury. Read the whole thing here.

Cops on Camera Event Video

Just posting the video to the Cato panel I was on yesterday. It was covered by C-SPAN so you can find it on their website, or you can watch it here, with footage taken from (and available on) the Cato website.



A most sincere thank you to all of my friends, family, and colleagues that have been supportive of me and this event.

bellum medicamenti delenda est

AAG West: 'Just So You Understand Where I'm Coming From'

There's an event in New York City going on right now called the "Strengthening the Relationship Between Law Enforcement and Communities of Color Forum." I don't know much about it, other than the NYPD could stand to learn a lot about how to deal with minorities fairly, so it sounds like a good idea, at least.

Today, Associate Attorney General Tony West gave a speech there in support of a new federal program to study ways to improve how law enforcement deals with persons of color. And while I know better than to endorse any government program solely based on its conceptual framework--let alone a loose framework laid out in a speech--I did want to highlight parts of the speech I think is important.

I come to this discussion as one who has been privileged to work with law enforcement for most of my career -- for several years as a federal prosecutor in a U.S. Attorney's Office; as a lawyer in the California Attorney General's Office; and now as part of the United States Justice Department's leadership. That experience has left me both profoundly grateful for and humbled by the dedication and commitment of so many in law enforcement who serve to keep our communities safer places to live, to work and to play; and who do so with integrity and in compliance with the law.

Theirs is not an easy task, and their duties are often performed under difficult and dangerous circumstances. And the reality for most officers, I believe, is that policing is not a job; it's an honor and profession. It's about service. It's about promoting safety and security and fostering strong neighborhoods for the residents who live there.

I also come to this discussion as my father's son. He was a man born and raised deep in the Jim Crow south. And when the time came for his eldest child and only son to take up driving lessons, dad was my teacher, imparting all the familiar lessons of keeping my eyes on the road and signaling before I turned.

And then there were the lessons not found in any driver's manual; lessons informed by family history and community experience: When -- not if -- you are pulled over by the police for no ostensible reason, keep your hands visibly planted at 10 and 2 until instructed otherwise. Always ask permission before reaching for your license and registration, and even then verbally explain what you're doing. No quick movements. End every sentence with "sir." Speak only when spoken to and never, ever talk back. 

Dad called these "survival skills," and I put them into practice on more than a few occasions, well into adulthood. I suspect that I'm not alone in bringing such divergent, perhaps even conflicting, perspectives to today's discussion.

Some Thoughts on the Broad Spectrum of Racism

I've never shied away from my particular resentment of Southern racism. Cloaked in tradition and gentility, years of barbarity and terrorism are blithely ignored as the Southern gentlemen and their darling belles get misty when they hear 'Dixie.' It's enough to make me reach for blood pressure medication. But that doesn't mean that it's the only kind of racism, or the most important.

Racism isn't geographically isolated, nor is it confined to a particular political or ideological affiliations. Boston, for example, famously resisted bused integration in the 1970s, resulting in this Pultizer prize winning photograph:

Today, Boston remains one of the most segregated cities in the United States. Don't let the 'enlightened Northeastern liberal' reputation fool you. (see also Twitter reaction to the Bruins' elimination from last year's Stanley Cup Playoffs on the goal by a black man) Racism, in its individual and collective forms, is still ubiquitous.

Progressives tend to focus on racism in systems, often referred to as "institutional racism." Conservatives and libertarians tend to be skeptical of allegations of entrenched racism, seeming to believe that racism can only exist on an individual level, and that to the extent it exists in the United States, it's not pernicious enough to require laws to combat it because "Jim Crow is over."

Neither political side quite seems to get it.

Another Bad Apple

So this guy doesn't seem too bright:

A deportation officer with U.S. Immigration and Customs Enforcement led Arizona state police and federal agents on a high-speed chase in his government vehicle, throwing bundles of marijuana out of the window as he fled, the Department of Public Safety said Wednesday.

The deportation officer, whose name has not been released, had been under surveillance for more than month after a known smuggler who had been arrested gave authorities a tip about the officer in an effort to get lenient treatment, DPS Officer Carrick Cook told The Associated Press.

When DPS and federal agents tried to pull the officer over Tuesday after he picked up a load of marijuana in the desert with his unmarked ICE pickup truck, the officer fled, leading agents on a 45-minute chase at speeds of up to 110 mph as he threw 10 of the 14 bundles of pot that he had in the truck out of the window, Cook said.

"He got pretty desperate," Cook said.

The chase ended when the officer's vehicle rolled over and he gave himself up. He was booked into Pima County jail on charges of smuggling and felony flight.

 No wonder ICE has been working overtime to deport so many people this year. ( I kid...sort of.)

Via the incomparable @InjusticeNews feed

bellum medicamenti delenda est

Police Officers Respond to Incentives Too

Last week, former undercover police officer Stephen Anderson told the New York State Supreme Court that planting drugs on innocent people was so common that it didn't even register emotionally to him. The story is starting to get traction in the media as an egregious example of police corruption, but it's notable only because of the admission to the practice in open court. Each year, there are hundreds of cases in which police officers are caught stealing, using, selling, or planting drugs or pocketing the proceeds from drug busts. Despite the obligatory PR protestations that any given instance of corruption is an isolated case, the systemic, legal, social, and economic incentives in every law enforcement agency in America combine to make police corruption virtually inevitable. And with no other category of crimes are these incentives stronger than with drug crimes.

Anderson testified that drugs would be seized from suspects at a given bust, divided, and then used again as evidence against other people on site (or at a time later) who had nothing to do with the initial arrest. This was, in part, due to established drug arrest quotas the officers needed to meet. As public servants, police departments face the same budgetary pressures as any other government entity and thus their officers are required to meet certain benchmarks set by the powers that be. Added to the normal budgetary justification, however, many police officers are in the position to confiscate cash and property that can be sold at auction thanks to civil asset forfeiture laws. Many departments across the country keep a percentage or the entirety of forfeiture proceeds, so pressure to maintain a certain level of drug arrests is something straight out of Public Choice: 101.

So far, about 400 cases have been dismissed because of these most recent revelations from the NYPD. It's too early to say how many and to what extent the victims were “innocent,” but the city seems to think 400 people were victimized by lying police officers. The police were able to lie with impunity because they enjoy the advantage of assumption of innocence. Despite the “innocent until proven guilty” mantra that all defendants are pretended to enjoy, an arrestee's word against the testimony of a police officer (and perhaps his partner) is, absent independent damning evidence of police malfeasance, next to worthless. This reputation imbalance is amplified by the unintended consequence of plea bargains: if the potential penalty is large enough, accepting a plea bargain in the face of nearly certain conviction becomes a rational decision for an innocent person. It doesn’t help that the label of “drug dealer” carries a social stigma just below “murderer” and “rapist”—and the potential sentences for drug crimes reflect that.

While the present NYPD case primarily deals with officers trying to advance their own careers, police corruption takes many different forms and affects every type of jurisdiction.

Authorities in Tulsa, Oklahoma are digging out of the mess members of their police department put them in. Nearly a dozen present and former officers of Tulsa’s police department—as well as one BATFE agent and one former officer turned-Secret Service Agent—have been implicated, terminated, indicted and/or convicted of police corruption charges ranging from, inter alia, staging illegal drug busts to embezzlement to perjury to distribution charges. At last count, 41 different people have had their federal convictions thrown out or state charges dropped as a result of the investigation into the department. Attorneys are now poring over the cases of countless other convicts and defendants who may have been railroaded by the Tulsa PD. (It should be noted that the people getting the strongest consideration are those who were naïve enough to refuse plea bargains at some point in the judicial process.)

Despite federal stings catching officers red-handed, confessions of wrong-doing that resulted in termination from the police or federal agencies, only four officers have pleaded or been found guilty. Five remain on the police force. The investigations into the TPD are considered closed and so the only hope for measures of justice are the investigations into case files and those related to the numerous civil suits the city faces.

The point is, these are but two recent and galling cases of police corruption. For every Tulsa and New York City there are innumerable cases of unreported shakedowns, coercive threats, and brazen theft by individual officers all over the country. This isn't the work of a few "bad apples," it's a systemic failure of police departments that are asked to solve an intractable policy problem all the while maintaining the utmost integrity on individual and organizational levels. Officers are highly incentivized to break the rules—and the law—either to satisfy the demands placed on them or to pad their own pockets. There are layers of protection built into the system to keep officers safe from public scrutiny and prosecution, and it's nearly impossible for an ordinary American—let alone an accused drug dealer—to protect herself. Meanwhile, the consequences of the legal and extra-legal drug war continue to chip away at the freedom of criminals and law-abiding Americans alike...and we are all less safe because of it.

bellum medicamenti delenda est

Quote of the Day

"They also noted that he has won awards for his police work and his effort to get guns off the street."

Attorneys discussing their client, Jerome Finnegan--the disgraced cop at center of robbery and kidnapping ring-- who was sentenced to 12 years for murder-for-hire plot to kill cop he thought was aiding the investigation into his aforementioned robbery and kidnapping ring.  Chicago Tribune